DATE: November 20, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AUTHORIZING A MULTI-YEAR CONTRACT WITH FLOCK
SAFETY TO MAINTAIN EXISTING ANNUAL FEES THROUGH FY
2027-2028 FOR ALL EXISTING AUTOMATIC LICENSE PLATE
READER EQUIPMENT AND SERVICES
RECOMMENDATION
It is recommended that the City Council review the contract between the Foster City Police Department (FCPD) and Flock Safety (Flock) and approve the attached resolution authorizing the Mayor to execute the Master Services Agreement, resulting in fixed annual fees from Flock through the duration of the multi-year contract, terminating June 30, 2028 for Automatic License Plate Reader (ALPR) equipment and services.
EXECUTIVE SUMMARY
Flock is offering the FCPD a renewal of the services through a new multi-year Master Services Agreement with a start date of 12/31/2023 and termination date of 6/30/2028.
Entering into the multi-year agreement will secure current annual fees with Flock through the duration of the contract term for all existing ALPR equipment and services.
No changes to ALPR equipment and services will be experienced by the FCPD in response to the signed contract.
Flock has increased their annual per camera rates by 20%, which will not impact the FCPD for all existing cameras if the proposed contract is approved. Any ALPR cameras added to the system after signing the contract will be added at the new higher rate.
BACKGROUND
At the March 15, 2021 City Council meeting, the Council approved an Agreement with Flock Group, Inc. for the licensing of twenty ALPR and adopted the City’s ALPR Policy pursuant to Civil Code section 1798.90.55(A). In November of 2021, the FCPD deployed 20 Flock ALPR cameras. The ALPR system has proven to be an invaluable tool for the FCPD. The system serves as a force multiplier; FCPD officers and dispatchers are alerted to vehicles of interest while in Foster City, saved camera data is accessed to investigate and solve crimes committed in the community, and the FCPD partners with numerous other law enforcement agencies using the Flock system to solve crimes through shared Flock information.
ANALYSIS
Numerous successes have been achieved through the use of the Flock ALPR system, which may not have been possible without the technology. These successes have included the apprehension of people immediately following a crime committed in or near Foster City, investigations leading to the identification and apprehension of people responsible for crimes committed in the recent past, and the sharing of Flock information with other law enforcement agencies that has led to identifications and arrests of people responsible for crimes in Foster City.
The successes achieved with the Flock system have positively impacted the Foster City community and have assisted the FCPD in their efforts to maintain the safety and security of Foster City. It is expected that the Flock ALPR system will continue to be a valuable tool for the FCPD over the next several years and that the Foster City community will continue to benefit from this tool.
Approving the attached resolution will authorize the City to enter into the Master Service Agreement contract with Flock for continued licensing of the existing twenty ALPR cameras for an annual fee of $50,000 (except for year 1 which shall be prorated) for a contract term from 12/31/2023 – 6/30/2028, as discussed in more detail below. The annual fee each year includes data storage, maintenance of cameras, performance monitoring, and advice about optimal usage of ALPRs from Flock. Pursuant to the terms of the Agreement, Flock may monitor the City’s use of the ALPR systems and may prohibit the use of its services if it believes the City is violating the law or a third party right. Flock will indemnify the City for certain claims or liabilities, including alleged copyright violations but only up to the amount of fees paid by the City in the prior 12 months. Flock may institute new fees with notice sixty (60) days before the end of a term. This purchase is exempt from the bidding requirements pursuant to Foster City Municipal Code Section 3.04.110 B because the services/product can only be obtained from one vendor.
California Environmental Quality Act
Purchase of the multi-year contract from Flock Safety is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
The FCPD is currently paying an annual fee of $2,500 per camera, resulting in a total annual fee of $50,000 for all 20 existing Flock ALPR cameras. This annual fee includes all ALPR equipment and services.
Flock has increased their annual per camera fee to $3,000, a 20% increase. The FCPD will not incur this fee increase if the proposed multi-year contract is approved.
Over the life of the proposed multi-year contract, the FCPD will continue to pay an annual fee of $50,000, resulting in a contract total of $225,000. If the FCPD does not enter into the proposed contract, the City would need to pay an annual fee of $60,000, resulting in a total of $270,164 paid for the period of time indicated in the contract. A savings of $45,164 will be realized through the proposed Flock contract.
The FCPD’s current annual term runs July 1 – June 30 each year. The annual fee of $50,000 has already been paid for 7/1/2023 – 6/30/2024. To align with the FCPD’s current invoice date of July 1 of each year, the first portion of the multi-year contract will be 12/31/2023 – 6/30/2024; fees have already been paid for this period as part of the current term, which will be applied to fully cover the first portion of the new contract.
The remaining four years of the proposed contract will be July 1 – June 30.
Indicated in the Flock “Renewal Order Form” is a $1,300 charge for year 1 of the contract. The charge is for repair services provided by Flock in August 2023, which Flock had not received payment for at the time the quote was created. Foster City Finance confirmed payment was made on 10/31/2023, which will result in the FCPD owing nothing for year 1 of the contract.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Agreement