LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, November 28, 2023, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.
Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1 INVOCATION - VICE MAYOR LOTHIAN
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
3. COMMUNITY BULLETIN REPORTS
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
6. CONFLICT DISCLOSURES
7. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
8. CONSENT CALENDAR
(Items 8.1 through 8.8)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 8.1 through 8.8.
8.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
8.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, NOVEMBER 14, 2023
1 Recommended Motion:
Approve.
8.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, NOVEMBER 14, 2023
3 Recommended Motion:
Approve.
8.4 APPROVAL OF MOTION TO CANCEL THE REGULAR MEETING OF THE CITY COUNCIL SCHEDULED FOR DECEMBER 26, 2023
12 Recommended Motion:
Approve.
8.5 INDEPENDENT POLICE AUDITOR REPORT FOR THE QUARTER
ENDING SEPTEMBER 30, 2023
13 Staff Reference: Mr. Dedmon
Recommended Motion:
Receive and file.
8.6 RESOLUTION AUTHORIZING A TRANSFER OF GENERAL FUND
RESERVES TO THE FISCAL YEAR 2023-2024 OPERATING BUDGET
TO FUND THE EMPOWER EAST COUNTY BUSINESS FUND
PROJECT
21 Staff Reference: Mr. Dedmon
Recommended Motion:
Adopt Resolution.
8.7 RESOLUTION AMENDING SECTION 12.52.050 OF THE LA MESA
MUNICIPAL CODE LIMITING THE GROSS WEIGHT TO THREE TONS
OF A PORTION OF JACKSON DRIVE AND LEMON AVENUE
BETWEEN LA MESA BOULEVARD AND STATE ROUTE 125
SOUTHBOUND ENTRANCE RAMP
31 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
8.8 RESOLUTION APPROVING CONTRACT CHANGE ORDER 2 TO
PARSONS TO PROVIDE STAFF AUGMENTATION FOR TRAFFIC
ENGINEERING RELATED SERVICES
36 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
9. ORDINANCE: SECOND READING
9.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 2.04.010 OF THE LA
MESA MUNICIPAL CODE TO ADJUST MAYOR, CITY COUNCIL AND
TREASURER COMPENSATION
43 Staff Reference: Mr. Dedmon
Recommended Motion:
Approve the second reading and adoption of the Ordinance.
10. STAFF REPORT
10.1 CONSIDERATION AND POSSIBLE APPROVAL OF A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FLOCK
GROUP, INC. FOR THE PURCHASE AND INSTALLATION OF
AUTOMATED LICENSE PLATE READERS
46 Staff Reference: Chief Sweeney
Recommended Motion:
(1) Approve execution of an agreement for the purchase and installation of twenty license plate reader cameras to Flock Group, Inc. in substantial form, subject to the final review and approval of the City Manager and City Attorney; and (2) Adopt Resolution awarding the purchase and installation of twenty automated license plate reader cameras to Flock Group, Inc.
11. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
12. AB 1234 REPORTS (GC 53232.3 (d))
13. CITY ATTORNEY REMARKS
14. ADJOURNMENT
1 La Mesa City Council
Minutes of a Special Meeting
Date:
Location:
November 14, 2023, 4:00 p.m.
La Mesa Community Center Conference Room, 4975 Memorial Drive
La Mesa, California
Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
Mayor Arapostathis called the meeting to order at 4:00 p.m.
1.1 PLEDGE OF ALLEGIANCE
2. PUBLIC COMMENTS
There were no public comments.
3. SPECIAL MEETING
3.1 EMERGENCY OPERATIONS CENTER TRAINING
Emergency Preparedness Coordinator McKellar provided a PowerPoint presentation on the Emergency Operations Center (EOC), highlighting the functions of the EOC during a disaster, EOC activation and structure, the role of the City Council during a disaster or emergency, initial damage estimate, and business recovery.
Following Council questions and comments, no action was taken.
2 4. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 4:48 p.m.
_________________________
City Clerk
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
November 14, 2023, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:00 p.m.
1.1 INVOCATION - VICE MAYOR LOTHIAN
1.2 PLEDGE OF ALLEGIANCE
2. CITY MANAGER COMMENTS
There were no comments.
3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
2 There were no additions or deletions to the agenda.
5. PRESENTATIONS
5.1 BUDGET MONITORING REPORT
Finance Director Royales reported on the national, state and local economic outlook, sales tax revenues, and the performance of the City’s General Fund for the quarter ending September 30, 2023.
5.2 CITY TREASURER'S QUARTERLY REPORT
City Treasurer Strabone made a presentation regarding the investment earnings for the quarter ending September 30, 2023.
5.3 POLICE CHIEF'S QUARTERLY OPERATIONS REPORT
Chief Sweeney presented the crime statistics for the quarter ending September 30, 2023, explained the statistics in the various crime categories and highlighted recently solved cases. Chief Sweeney reviewed the various community outreach activities that took place and recognized the new Police Department team members.
Following Council questions and comments, no action was taken.
5.4 PRESENTATION FROM OCEANA ON SINGLE USE PLASTICS
Melissa Morris, Oceana Field Representative, Southern California, provided a PowerPoint Presentation on single use plastics, highlighting the problem, how plastic ends up in the ocean, annual production of plastics, percentage of global plastic production by industrial sectors, chemicals associated with plastic found in human blood, urine and tissues, recycling as an inadequate solution for plastic, the possibility of life without plastic, and plastic ordinances adopted by cities in San Diego County.
Following Council questions and comments, no action was taken.
6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Brenda Hammond spoke regarding being a community member of all the east county cities.
Susan Roberts-Egley spoke regarding the Veterans East County Alliance (VECA) and the Veterans Awards Luncheon of Recognition scheduled for Thursday, November 30, 2023, at the rooftop of Jamul Casino from 11:30 a.m. to 2:00 p.m.
3 Bonnie Baranoff spoke regarding the East Region Runaway & Homeless Youth Walk & Rally scheduled for Thursday, November 16, 2023, starting at the Little House Family Resource Services in El Cajon at 10:00 a.m. Bonnie Baranoff also encouraged the Council and community members to volunteer for the WeAllCount Annual Homeless Census scheduled for Thursday, January 25, 2024, from 4:00 a.m. to 8:00 a.m.
7. CONFLICT DISCLOSURES
Councilmember Parent announced he had a potential conflict of interest on Item
9.7 under Government Code Section 87100.
8. PUBLIC COMMENTS ON CONSENT CALENDAR
Bonnie Baranoff spoke on Consent Calendar Item 9.5.
9. CONSENT CALENDAR
(Items 9.1 through 9.10)
*If a public hearing item is part of the Consent Calendar, the public hearing shall be deemed held if the item is not removed from the Consent Calendar for discussion and possible action (Items 9.6 and 9.7).
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve Consent Calendar Items 9.1 through 9.10, except for Item 9.7.
For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
9.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, OCTOBER 24, 2023
Approve.
9.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, OCTOBER 24, 2023
Approve.
4 9.4 RESOLUTIONS APPROVING THE AMENDED CITY OF LA MESA
COMPENSATION PLANS
Adopt Resolutions.
a. RESOLUTION APPROVING THE AMENDED CITY OF LA MESA
COMPENSATION PLAN FOR FISCAL YEAR 2023-2024 LISTING
POSITIONS, SALARY RANGES/BANDS, AND PAY STEPS
INCLUDING NEW CLASSIFICATIONS AND ASSOCIATED
SALARY BANDS FOR DIRECTOR OF HUMAN RESOURCES,
ENVIRONMENTAL MANAGER, AND RECORDS TECHNICIAN
Resolution No. 2023-122
Adopt Resolution.
b. RESOLUTION APPROVING THE AMENDED CITY OF LA MESA
COMPENSATION PLAN FOR FISCAL YEAR 2023-2024
EFFECTIVE JANUARY 1, 2024, INCLUDING POSITIONS
AFFECTED BY THE MINIMUM WAGE INCREASE
Resolution No. 2023-123
Adopt Resolution.
9.5 RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR THE REGIONAL TASK FORCE ON THE HOMELESS FISCAL YEAR 2023
SUPER NOTICE OF FUNDING OPPORTUNITY; ACCEPTING AND
APPROPRIATING FUNDS IF AWARDED; AND APPOINTING THE CITY
MANAGER
OR DESIGNEE TO EXECUTE ALL AGREEMENTS AND ANY
AMENDMENTS
Resolution No. 2023-124
Adopt Resolution.
9.6 *PROJECT 2023-2346 (MACDOUGALL) - A REQUEST TO
DESIGNATE THE PROPERTY LOCATED AT 4987 COLINA DRIVE,
APN 494-120-34-00 AND 494-130-16-00 AS A HISTORIC LANDMARK
AND ESTABLISH A PROPERTY PRESERVATION (MILLS ACT)
AGREEMENT FOR THE SITE
Adopt Resolutions.
5 a. RESOLUTION DESIGNATING THE CHARLOTTE AND JOHN E.
KING HOUSE AT 4987 COLINA DRIVE, APN 494-120-34-00 AND
494-130-16-00 AS A HISTORIC LANDMARK
Resolution No. 2023-125
Adopt Resolution.
b. RESOLUTION AUTHORIZING EXECUTION OF A HISTORIC
LANDMARK PROPERTY PRESERVATION AGREEMENT WITH
THE OWNER OF THE HISTORIC LANDMARK KNOWN AS THE
CHARLOTTE AND JOHN E. KING HOUSE LOCATED AT 4987
COLINA DRIVE, APN 494-120-34-00 AND 494-130-16-00
Resolution No. 2023-126
Adopt Resolution.
9.8 RESOLUTIONS ACCEPTING BID 24-10, 2023 ANNUAL SLURRY
PROJECT
Adopt Resolutions.
a. RESOLUTION ACCEPTING THE LOW BIDDER FOR BID 24-10
AND AWARDING A CONSTRUCTION CONTRACT FOR THE
2023 ANNUAL SLURRY PROJECT TO AMERICAN ASPHALT
SOUTH, INC.
Resolution No. 2023-127
Adopt Resolution.
b. RESOLUTION APPROVING A TASK ORDER TO DUDEK TO
PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR THE 2023 ANNUAL SLURRY PROJECT
Resolution No. 2023-128
Adopt Resolution.
9.9 RESOLUTIONS ACCEPTING BID 24-08, ROLANDO PARK
RESTORATION PROJECT
Adopt Resolutions.
a. RESOLUTION ACCEPTING THE LOW BIDDER FOR BID 24-08
AND AWARDING A CONSTRUCTION CONTRACT FOR
6 ROLANDO PARK RESTORATION PROJECT TO FORDYCE
CONSTRUCTION, INC.
Resolution No. 2023-129
Adopt Resolution.
b. RESOLUTION AUTHORIZING THE ALLOCATION OF
$124,414.12 FROM THE GENERAL FUND UNALLOCATED
RESERVES TO THE CAPITAL IMPROVEMENT PROGRAM FOR
BID 24-08, ROLANDO PARK RESTORATION PROJECT
Resolution No. 2023-130
Adopt Resolution.
c. RESOLUTION APPROVING A TASK ORDER TO ARDURRA TO
PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR THE ROLANDO BALLPARK RESTORATION
PROJECT
Resolution No. 2023-131
Adopt Resolution.
9.10 RESOLUTION TO AWARD THE PURCHASE OF A 2023 FORD F-150
TO KEARNY MESA FORD AND KIA
Resolution No. 2023-132
Adopt Resolution.
9.7 *PROJECT 2023-2284 (BOLDUC/YEH) - A REQUEST TO DESIGNATE THE PROPERTY LOCATED AT 8406 HILLCREST AVENUE, APN 494- 434-01-00 AND 494-282-16-00 AS A HISTORIC LANDMARK AND
ESTABLISH A PROPERTY PRESERVATION (MILLS ACT)
AGREEMENT FOR THE SITE
Moved By Mayor Arapostathis
Seconded By Councilmember Shu
Adopt Resolutions.
For (4): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, and Councilmember Shu
Abstain (1): Councilmember Parent
7 Approved (4 to 0)
a. RESOLUTION DESIGNATING THE CHESTER L. AND ANNE
HARRITT/WILLIAM HENRY WHEELER/A.E. DENNSTEDT
HOUSE AT 8406 HILLCREST AVENUE, APN 494-434-01-00 AND
494-282-16-00 AS A HISTORIC LANDMARK
Resolution No. 2023-133
Adopt Resolution.
b. RESOLUTION AUTHORIZING EXECUTION OF A HISTORIC
LANDMARK PROPERTY PRESERVATION AGREEMENT WITH
THE OWNERS OF THE HISTORIC LANDMARK KNOWN AS THE
CHESTER L. AND ANNE HARRIT/WILLIAM HENRY
WHEELER/A.E. DENNSTEDT HOUSE
LOCATED AT 8406 HILLCREST AVENUE, APN 494-434-01-00
AND 494-282-16-00
Resolution No. 2023-134
Adopt Resolution.
10. ORDINANCE: FIRST READING
10.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 2.04.010 OF THE LA
MESA MUNICIPAL CODE TO ADJUST MAYOR, CITY COUNCIL AND
TREASURER COMPENSATION
City Attorney Sabine read the title of the Ordinance.
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve the introduction and first reading of the Ordinance.
For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
11. STAFF REPORT
8 11.1 CONSIDERATION OF RESOLUTION ADOPTING THE CITY OF LA
MESA COMPLETE STREETS INTEGRATED DESIGN MANUAL
Engineering Project Manager Kinnard introduced Jenny An, CR Associates, Senior Associate, who provided a PowerPoint presentation on the La Mesa Complete Streets Integrated Design Manual, highlighting the Complete Streets elements, street typologies, micromobility, intersection design elements, public outreach efforts, and how to use the manual and the intended results.
Council questions and comments ensued.
Resolution No. 2023-135
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Adopt Resolution adopting the Complete Streets Integrated Design Manual dated June 2023.
For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
12. COUNCIL INITIATED
12.1 CONSIDERATION OF DIRECTING STAFF TO PREPARE AN
ORDINANCE TO REQUIRE PREVAILING WAGES FOR PRIVATESECTOR EMPLOYEES THAT ARE ENGAGED IN TRAFFIC CONTROL
PROJECTS IN THE PUBLIC RIGHT-OF-WAY - MAYOR
ARAPOSTATHIS AND COUNCILMEMBER PARENT
Mayor Arapostathis and Councilmember Parent explained the purpose for requesting Council to direct staff to prepare an ordinance to require prevailing wages for private-sector employees engaged in traffic control projects in the public right-of-way.
Council questions and comments ensued.
Moved By Councilmember Parent
Seconded By Councilmember Dillard
Direct staff to prepare an ordinance to require prevailing wages for privatesector employees engaged in traffic control projects in the public right-ofway.
9 For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
14. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.
15. CITY ATTORNEY REMARKS
There were no remarks.
16. ADJOURNMENT
At 7:24 p.m., Mayor Arapostathis adjourned the meeting in honor and memory of Dr. Bill Pogue who recently passed away. Dr. Bill Pogue was a doctor, educator, and volunteer clown who brought smiles and cheer to patients and staff at Sharp Grossmont Hospital.
_________________________
City Clerk
DATE: November 28, 2023
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: APPROVAL OF MOTION TO CANCEL THE REGULAR MEETING OF THE CITY COUNCIL SCHEDULED FOR DECEMBER 26, 2023
Historically, the City Council has approved the cancellation of the second Regular meeting in December of each year. This year the second Regular meeting in December falls during the City Hall closure between the observed Christmas holiday and the observed New Years’ Day holiday. Formal action is required to cancel the December 26th meeting. The next Regular meeting of the City Council would be Tuesday, January 9, 2024.
DATE: November 28, 2023
TO: Mayor and Members of the City Council
FROM: Lyn Dedmon, Assistant to the City Manager
VIA: Greg Humora, City Manager
SUBJECT: INDEPENDENT POLICE AUDITOR REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2023
Pursuant to the adopted procedures of the Community Police Oversight Board (CPOB), the CPOB receives reports from the Independent Police Auditor (IPA) regarding the number of complaints filed, the number of open investigations of complaints, the disposition of and any action taken on filed complaints, and the number of concluded investigations by the La Mesa Police Department (LMPD).
The Quarterly Report summarizes complaints received by the IPA, the CPOB, and the LMPD in 2023 through September 30, 2023. On November 15, 2023, the CPOB reviewed and discussed the attached Quarterly Report.
Attachments:
A: Independent Police Auditor Quarterly Report through September 30, 2023
INSIDE
THIS ISSUE
PG. 1
A brief discussion on the terms and
findings used in this report.
PG. 2
A summary of complaints and
findings is covered in this report.
PG. 6
Recommendations set forth by the
Independent Police Auditor based
upon reviews and audits of La Mesa
Police Department complaints and
personnel investigations.
BUILDING COMMUNITY TRUST
THROUGH TRANSPARENCY
COMMUNITY POLICE OVERSIGHT
BOARD
The CPOB shall function as a means of community participation and oversight by directing and reviewing audits, and by reviewing and recommending policies, practices and programs designed to bring about community policing that is sensitive, effective, and responsive to the needs of the City and its residents. The CPOB shall promote and encourage open communication and cooperation between the La Mesa Police Department and residents of the City.
INDEPENDENT POLICE AUDITOR2023 THIRD QUARTER
1 Explanation of findings
The following is a list of the potential findings for investigating allegations of misconduct by sworn members of the La Mesa Police Department (LMPD). When the LMPD concludes the internal affairs process, they will have reached a finding for all allegations of misconduct in each case. In those cases where an allegation(s) is still being investigated, the summary will reflect the nature of the allegation and note the investigation is pending conclusion. It is important to not draw conclusions about any pending cases until the internal affairs investigation is completed.
Sustained: The alleged act was confirmed as occurring and is a LMPD policy violation.
Exonerated: The alleged action(s) of the officer did occur and were within LMPD policy.
Unfounded: The allegation cannot be proven to have occurred or was proven to not have occurred.
Not Sustained: The allegation cannot be proven or disproven.
Not Yet Referred: The matter has not been sent to the Independent Police Auditor (IPA).
Administratively Declined: This matter does not meet IPA investigative guidelines.
Informational Documentation Only: A complaint was received by the PD, but no further investigation needed. For example, an anonymous complaint with insufficient information for follow-up. Or the reporting party refuses contact with investigators and insufficient information exists for follow-up. The original complaint information is still kept maintaining a record of all complaints.
Administratively Handled: A complaint was received by the PD but determined not to need investigation. For example, a complaint is initiated against LMPD officers, but it is subsequently determined no LMPD officers were involved in the matter, but officers/deputies from another agency. The original complaint information is still kept, thus maintaining a record of all complaints.
Summary of Complaint: A summary of the allegations made by the complainant prior to an investigation being conducted by the La Mesa Police Department.
2 This report is for the third quarter of 2023. It will include information for cases from 2022/2023 which have had a change of status since the last quarterly report or remain in progress at the end of this quarter.
Complaints & I/A’s initiated in the 3rd quarter of 2022:
LMPD Complaint No. 2022-09
Date Filed: 09-01-2022.
Summary of Complaint: Allegation of excessive force and improper search. Complainant was stopped for a registration violation during a grant detail operation. The vehicle was eventually towed for displaying false registration tabs. Complainant alleges illegal search without consent and excessive force when an officer placed their hands on him during a pat down. He was released at the scene on a citation.
Allegations: Complainant is alleging excessive force and an improper search LMPD Finding: Completed – Unfounded
IPA Finding Audit Completed – Unfounded for both allegations Complaints & I/A’s initiated in the 4th quarter of 2022:
LMPD Complaint No. 2022-11
Date Filed: 10-15-2022.
Summary of Complaint: Complainant alleges that excessive force was used to affect his arrest. The arresting officer twisted his arm and placed his knee on the complainant's neck.
The officer then put the handcuffs on too tight, which caused bruising per the complainant.
IPA Observations/Comments: The audit, including a review of multiple body worn cameras (BWC) demonstrated no officer knelt on the complainant’s neck. The officers, as observed on the BWCs, made numerous efforts to gain the complainant’s voluntary compliance to submit to a lawful arrest. He instead chose to physically resist the officers. The officers did not use excessive force to make the arrest.
Allegation: Complainant is alleging excessive force.
LMPD Finding: Completed - Unfounded
IPA Finding: Audit Completed - Exonerated
Complaints & I/A’s initiated in the 1st quarter of 2023:
LMPD Complaint No. 2023-02
Date Filed: 01-30-2023.
Summary of Complaint: The complainant was involved in a traffic collision. The officer ran him for warrants, and asked to search his glove box, but did not do this with the other driver.
The officer then called the owner of the vehicle to see if the complainant had permission to have the car. He believes he was discriminated against.
3 IPA Observations/Comments: The accused officer acted professionally and appropriately at all times with the complainant. This is supported by our review of all body worn camera recordings. The complainant refused to provide the driver of the other car with any of his information which would be needed to resolve the damages with the insurance companies.
While the complainant made biased comments about the female driver of the other car, the involved officers demonstrated no bias or discrimination toward any of the parties involved.
The officers had a legitimate concern for the ownership of the car the complainant was driving as he said he was not the owner, was unwilling to provide his identifying information and did not have paperwork to show who owned the car. The car also had two different license plates on it. Additionally, he did not want the true owner of the car contacted to confirm he had permission to have the car.
Allegation: Discrimination.
LMPD Finding: Completed - Unfounded
IPA Finding: Audit Completed – Unfounded
LMPD Complaint No. 2023-03
Date Filed: 02-12-2023.
Summary of Complaint: It was alleged the officer wrongfully determined cars were blocking fire lanes and egress routes and ordered them moved. The officer then mischaracterized the number of people in a building. The complainant sent a video of the incident to Chief Sweeney.
IPA Observations/Comments: During the investigation the complainant was vague about the nature of the racial discrimination he was alleging. The only information the complainant could provide to support his belief of this accusation was he is white and the officer is Hispanic. Beyond this, he had nothing else to support the allegation. With regard to the dishonesty allegation, the complainant believed the officer was dishonest as the officer’s estimate of the people inside a bar differed from his estimation.
Allegation: Discrimination and Dishonesty.
LMPD Finding: Completed – Unfounded both allegations
IPA Finding: Audit Completed – Unfounded both allegations LMPD Complaint No. 2023-05
Date Filed: 02-12-2023.
Summary of Complaint: On duty Watch Commander took a phone call from a citizen wishing to file a complaint. This citizen refused to identify themselves and wished to complain about an incident that occurred in February 2021. According to the citizen, a video of the incident is available on YouTube. It is unknown whether the complainant is the subject of the incident or a concerned citizen. Complainant alleges racial discrimination, civil rights violation and false arrest.
4 Allegations: False arrest, discrimination, and civil rights violation.
LMPD Finding: Completed – False arrest, Exonerated. Discrimination and civil rights violations - Unfounded
IPA Finding: Pending Audit
Complaints & I/A’s initiated in the 2nd quarter of 2023:
LMPD Complaint No. 2023-06
Date Filed: 04-25-2023.
Summary of Complaint: The complainant accused multiple officers of desecrating three deceased people, at City Hall. (Complainant has a long history of making false misconduct claims to a variety of police departments). The three deceased people the Complainant claimed to have been desecrated are all alive. LMPD and the IPA both spoke with one of them who advised the Complainant (her son) suffers from a mental disorder and that the other two allegedly dead individuals are alive.
Allegation: Criminal Activity
LMPD Finding: Completed - Unfounded
IPA Finding: IPA Reviewed Case File - Administratively Declined: a thorough review indicates that the reportedly deceased individuals are alive; therefore, this complaint lacks all credibility.
Complaints & I/A’s initiated in the 3rd quarter of 2023:
LMPD Complaint No. 2023-07
Date Filed: 08-02-2023.
The complainant alleged the officers were unnecessarily aggressive, threatened her by pointing a Taser at her. They left her restrained for a prolonged amount of time causing pain and possible injury and left her child with her mentally ill grandmother causing her child to be in danger. It was further alleged the officer used profanity. The complainant was placed on a 5150-hold due to her being a danger to others and she admitted she was off her medication.
Allegation: Criminal Activity
LMPD Finding: Completed – Taser display – Exonerated, Child endangerment – Unfounded, Inappropriate handcuffing – Exonerated, Profanity - Unfounded IPA Finding: IPA Reviewed Case File - Administratively Declined due to a lack of corroborating evidence.
LMPD Complaint No. 2023-08
Date Filed: 08-06-2023.
Officers were searching for a burglary suspect who had a warrant for his arrest. They located him in an apartment complex parking lot. When they approached him, the suspect pointed a
5 firearm at officers. He then ran and one officer fired his duty weapon at the suspect resulting in the suspect's death.
IPA Observations/Comments: The IPA is monitoring the ongoing investigation.
Allegation: Officer Involved Shooting
LMPD Finding: Pending
IPA Finding: Pending
LMPD Complaint No. 2023-09
Date Filed: 08-02-2023.
The officer is alleged to have interfered in a traffic stop and DUI arrest of a family member by an outside police agency.
Allegation: Conduct unbecoming an officer
LMPD Finding: Pending
IPA Finding: Pending
LMPD Complaint No. 2023-10
Date Filed: 08-22-2023.
Complainant said his cell phone was taken from him during his arrest. The court dropped the charges. He spoke with the officer who told him if he provided the court documents she could release the cell phone to him. He brought the paperwork in, but the officer told him he needed a court order to get the phone released. He said she lied to him and was unprofessional.
Allegation: Dishonesty
LMPD Finding: Pending
IPA Finding: Pending
LMPD Complaint No. 2023-11
Date Filed: 08-21-2023.
Complainant's daughter was sexually assaulted. The accused officer was assigned to the case.
The investigation took more than one year to complete. The complainant said the timeline was unacceptable. Additionally, the case was submitted as a misdemeanor past the expiration of the statute of limitations. During the investigation the officer privately interviewed the minor victim and was allegedly inappropriate with the victim by asking unsuitable questions regarding her clothing.
Allegation: Poor Service
LMPD Finding: Pending
IPA Finding: Pending
6 LMPD Complaint No. 2023-12
Date Filed: 09-19-2023.
The complainant alleged officers provided poor service and were discourteous during the call. The complainant wanted to make a formal complaint with the P. D.
Allegation: Poor Service
LMPD Finding: Pending
IPA Finding: Pending
Trends/Issues Identified and to be relayed to the Police Department During the last quarterly report, one recommendation was made by the IPA for the LMPD. This was in regard to the timely and accurate loading of all case materials into the IA tracking software. The department has since done an exceptional job in loading complete data in a timely fashion. This allows for the IPA to meet its obligation to monitor the progress of current internal affairs investigations.
In completing an audit of internal affairs case 2022-09, the auditor noted one area for improvement:
• During this encounter several of the officers temporarily muted the audio recording capability of their body worn cameras. We are unaware of any explanation for doing so. It is important in building and maintaining community trust that such occurrences be explained whenever they happen. While we recognize there are a variety of legitimate reasons to mute the audio recording, we are left in the dark as to why this was done in this matter.
In completing an audit of internal affairs case 2022-11, the auditor noted one area for improvement:
• Two of the photographs used as evidence in this case are blurry. Care should be taken to take and submit clear photos. Also, in this case when the complainant is alleging the handcuffs were placed too tightly on him, it would be better to photograph both wrists and not just one.
RECOMMENDATIONS
1. In those instances where an officer mutes their BWC audio recording capability or video capability, the reasons should be addressed in the interview and discussed in the investigative report. We are aware that at times there may be sensitive issues where the camera should be muted, but the importance of building trust with the community dictates these instances be explained in the investigation, even if the report cannot go into detailed specifics as to why the recording was paused or muted.
2. Care should be taken to ensure all photographs submitted as evidence in a case should be clear and not blurry. Furthermore, in cases where allegations of force have been made, photographs taken of the subject should be complete, including any and all areas which may have borne any use of force or where the complaint alleges inappropriate use of force.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 28, 2023
SUBJECT: CONSIDERATION AND POSSIBLE ACTION TO
CONTRIBUTE FUNDING TO THE EMPOWER EAST
COUNTY BUSINESS FUND PROJECT AND A
RESOLUTION AUTHORIZING A TRANSFER OF
GENERAL FUND RESERVES TO THE FISCAL YEAR
2023-2024 OPERATING BUDGET TO FUND THE
PROJECT
ISSUING DEPARTMENT: CITY MANAGER
SUMMARY:
Issues:
1. Should the City Council contribute funding to the Empower East County Business Fund Project?
2. Should the City Council approve a resolution authorizing a transfer of General Fund Reserves to the Fiscal Year 2023-2024 Operating Budget to contribute funding to the Empower East County Business Fund Project? Recommendation:
1. Staff recommends that the City Council consider contributing funding to the Empower East County Business Fund Project.
2. Approve a resolution authorizing a transfer of General Fund Reserves to the Fiscal Year 2023-2024 Operating Budget to contribute funding to the Empower East County Business Fund Project.
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 2 of 3
Fiscal Impact:
If authorized, a transfer of $40,000 in General Fund Reserves will be made to the Fiscal Year 2023-2024 Operating Budget to fund the Empower East County Business Fund Project (Project). La Mesa’s contribution is conditional upon award of a U.S Economic Development Administration (EDA) grant to the East County Economic Development Council (ECEDC) and other funding sources from East County cities and the County of San Diego.
BACKGROUND:
New and small businesses often have difficulty getting access to funds for startup or expansion costs. In some cases, they may not able to obtain loans. And, interest rates on small business loans have risen significantly over the last two years, making existing and new small businesses increasingly challenged to access capital for equipment purchases, expansion plans, business reinvestment, and hiring skilled labor;
DISCUSSION:
To assist small businesses in East County, ECEDC is in the process of creating the Empower East County Business Fund Project. The Project functions as a revolving loan fund with the goal of providing capital to small businesses in East County that are unable to access traditional financing due to high interest rates and tighter lending standards. A government-subsidized small business revolving loan fund offers advantages to small businesses, local economies, and business start-ups by providing affordable financing options which fosters growth, innovation, and job creation. By offering low-interest loans, this initiative reduces the financial burden on existing businesses and start-ups thus increasing their chances of success.
Loan funding can be used for activities such as equipment purchases, start-up costs, business reinvestment, hiring, and expansion. An example use of the loan funds could be for the installation of a fire sprinkler system. Often, when a business such as a restaurant wants to expand, State building code requirements are triggered by the expansion such as the requirement for a fire sprinkler system. The cost of the fire sprinkler system, which could be more than $100,000, may negatively impact the businesses expansion ability and plans. The access to a low interest loan, for the sprinkler system or other need, may be the difference on whether or not a business expansion occurs.
Payments made by small businesses on loans are reinvested back into the fund to maintain a steady flow of capital for ongoing lending. Additional details about the Project are attached to this report for reference (Attachment A).
To fund the Project, ECEDC has applied for an EDA grant that requires matching funds
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 3 of 3
to qualify. ECEDC has approached the cities of La Mesa, El Cajon, Santee, Lemon Grove and the County of San Diego to raise a total of $500,000 in seed funding. If awarded, the EDA grant would provide $500,000 in funding (their match) for a total of $1,000,000 to begin the Project.
At their October 24 City Council meeting, the City of El Cajon conditionally approved $300,000 in funding, leaving a remaining amount of $200,000 to be funded from the remaining East County cities (including La Mesa) and the County of San Diego. La Mesa’s possible contribution is $40,000. It is staff’s understanding that at the time of this report, the cities of Santee and Lemon Grove are in the process of considering funding.
In addition to the funding from the cities and county, ECEDC has informed staff that the Project will potentially receive funding from ECEDC’s 12 local banking partners and other agencies such as Civic Community Partners at a later date, which may further grow the fund.
CONCLUSION:
Staff recommends that the City Council consider contributing $40,000 to fund the Project and approve a resolution authorizing a transfer of General Fund Reserves to the Fiscal Year 2023-2024 Operating Budget. La Mesa’s contribution would be conditional upon the successful award of the EDA grant to ECEDC and other funding sources from East County cities and the County of San Diego becoming available.
Reviewed by: Respectfully submitted by:
____________________ ____________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
____________________
Lyn Dedmon
Assistant to the City Manager
Attachment A: Empower East County Business Fund Project Information Attachment B: Resolution
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING A TRANSFER OF GENERAL FUND RESERVES TO THE FISCAL YEAR 2023-2024 BUDGET TO FUND THE EMPOWER EAST
COUNTY BUSINESS FUND PROJECT
________________________________________________________________ WHEREAS, the East County Economic Development Council (ECEDC) approached East County cities to contribute funding for a small business revolving loan program to support the Empower East County Business Fund Project (“Project”);
WHEREAS, interest rates on small business loans have risen significantly over the last two years, making existing and new small businesses increasingly challenged to access capital for equipment purchases, expansion plans, business reinvestment, and hiring skilled labor; WHEREAS, the Project functions as a revolving loan fund with the goal of providing capital to small businesses (in East County) that are unable to access traditional financing due to high interest rates and tighter lending standards;
WHEREAS, La Mesa’s contribution to the Project is conditional upon the award of a U.S.
Economic Development Administration grant to the ECEDC and other funding sources from East County cities and the County of San Diego becoming available; and WHEREAS, a transfer from General Fund Reserves in the amount of Forty Thousand Dollars ($40,000) to the Fiscal Year 2023-2024 Budget is necessary to conditionally fund the project.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council approves this Resolution authorizing a transfer of General Fund Reserves in the amount of Forty Thousand Dollars ($40,000) to the Fiscal Year 2023-2024 Budget to conditionally fund the Project.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of November 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, Megan Wiegelman, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
San Diego East County Economic Development Council
Part I: Revolving Loan Fund Strategy
Summary of the San Diego County Comprehensive Economic Development Strategy (CEDS)
The Empower East County Business Fund project, including its Revolving Loan Fund and the technical assistance provided by the East County Economic Development Council Foundation as a Small Business Development Center , is designed to align with and support several key objectives of the regional Comprehensive Economic Development Strategy for San Diego County.
1. Support Talent Development for San Diegans of All Backgrounds • Objective 1: The project addresses barriers to work by providing financial resources and technical assistance to entrepreneurs, particularly from disadvantaged populations. This support facilitates "learn and earn" opportunities through small business growth. • Objective 2: By connecting entrepreneurs to resources and training, the project aligns with initiatives like Advancing San Diego, fostering engagement with the region's innovation economy.
• Objective 3: The project collaborates with community-based organizations and educational institutions to enhance career navigation and training accessibility for key populations, including refugees.
2. Increase Economic Opportunities for Underserved Communities, Populations, and Areas within San Diego County
• Objective 1: The RLF aims to increase economic opportunities near existing population centers by supporting small businesses in areas with limited access to capital. • Objective 2: The project assists in attracting private investment in underserved areas, including Opportunity Zones, by providing capital and support to local businesses.
3. Foster Local Business Growth and Entrepreneurship
• Objective 1: The ECEDCF's SBDC technical assistance, combined with the RLF, invests in diverse entrepreneurs by offering both capital and knowledge resources. • Objective 2: Leveraging community-based organizations to increase awareness and usage of SBDC programs, the project enhances the entrepreneurial ecosystem in the county.
• Objective 4: The project informs regional small businesses about upcoming infrastructure investments and opportunities, supporting a more informed and prepared business community.
4. Support the Growth & Resilience of San Diego County’s Innovation Economy • Objective 5: The project prioritizes investments to expand technology enablement in small and emerging businesses, encouraging innovation and productivity.
San Diego East County Economic Development Council
5. Support the growth of high-quality, sustainable jobs • Objective 2: The project invests in programs that support employment opportunities with sustainable wages, enabling residents to thrive in the county.
6. Facilitate Investment in Regional Infrastructure
• Objective 1: The human and organizational infrastructure developed through the project underpins the county's economic activity and support services.
The Empower East County Business Fund project, through its RLF and SBDC technical assistance, is strategically aligned with the regional CEDS, addressing critical areas such as talent development, economic opportunities in underserved areas, local business growth, and the innovation economy. This alignment ensures that the project not only contributes to the immediate financial needs of small businesses in East County San Diego but also supports broader economic development goals and fosters a resilient, diverse, and sustainable economic environment in the region.
Referenced objectives for San Diego County CEDS can be found here:
https://www.sandiegocounty.gov/content/dam/sdc/cao/osia/docs/SanDiegoCountyCEDSSept202
2.pdf
Financing Strategy
The financing strategy, policy, and portfolio standards for the Empower East County Business Fund, managed by the East County Economic Development Council Foundation are designed to ensure the effective and sustainable operation of the Revolving Loan Fund. These elements are crucial for guiding the fund's lending activities and maintaining a healthy loan portfolio.
1. Diverse Source of Capital:
• The RLF will be capitalized through a combination of federal funding, contributions from local governments (Santee, El Cajon, La Mesa, and Lemon Grove), and potential future investments from ECEDCF's 12 local banking partners and other entities like Civic Community Partners. • The strategy includes reinvesting loan repayments back into the fund to maintain a steady flow of capital for future lending.
2. Targeted Lending:
• Focus on providing loans to small businesses in East County San Diego, especially those unable to access traditional financing, such as minority-owned, women-owned, and refugee-owned businesses.
• Emphasis on sectors like retail, services, light manufacturing, and technology startups.
Policy
1. Loan Eligibility Criteria:
• Set clear guidelines on eligibility, prioritizing businesses that demonstrate potential for growth and job creation but lack access to traditional credit sources.
San Diego East County Economic Development Council
• Include specific criteria addressing creditworthiness, business viability, and potential economic impact.
2. Loan Terms and Conditions:
• Offer flexible terms and conditions, including competitive interest rates and repayment terms, tailored to the needs and capacities of small businesses. • Implement risk management practices, such as requiring collateral where appropriate, to safeguard the fund's assets.
3. Compliance and Regulatory Adherence:
• Ensure all lending activities comply with relevant federal, state, and local regulations.
• Regularly review and update policies to align with best practices and legal requirements.
Portfolio Standards
1. Risk Management:
• Establish a diversified loan portfolio to mitigate risk, avoiding over-concentration in any single business sector or borrower.
• Regularly monitor and evaluate the loan portfolio's performance, making adjustments as needed.
2. Performance Metrics:
• Set clear performance metrics, including targets for loan disbursement, repayment rates, and impacts like job creation and business growth. • Use these metrics to continually assess the effectiveness of the RLF and make data-driven decisions.
3. Technical Assistance Integration:
• Incorporate technical assistance from ECEDCF’s SBDC into the lending process, providing borrowers with support in areas like business planning and financial management.
• This integration aims to enhance the success rates of borrowers and, by extension, the health of the loan portfolio.
The RLF's financing strategy, policy, and portfolio standards are designed to create a sustainable and impactful lending program that supports the economic development of East County San Diego. By balancing the need for flexible and accessible financing for underserved businesses with robust risk management and performance monitoring, the ECEDCF aims to maintain a healthy and effective Revolving Loan Fund.
Part II: Operational Procedures
This section of the Revolving Loan Fund Plan serves as the internal operating manual for the East County Economic Development Council Foundation, outlining the administrative procedures for operating the RLF in alignment with "Prudent Lending Practices."
San Diego East County Economic Development Council
Loan Processing and Documentation
Loan Application and Review Process:
• Applicants submit loan applications through an online platform or in-person. • Applications are reviewed for completeness and initial eligibility. • Further documentation (e.g., business plans, financial statements) is requested as necessary.
Documentation Requirements:
• Standard loan documentation includes business and financial plans, credit reports, and collateral descriptions.
• Secure handling of all personal and financial information is ensured.
Prudent Lending Practices
Loan Underwriting and Approval:
• Loans are underwritten based on business viability, creditworthiness, collateral, and owner equity.
• A loan committee reviews and approves loans, ensuring fair and unbiased decisionmaking.
Collections, Servicing, and Recovery:
• Implement a systematic approach for loan servicing, including payment tracking and borrower communication.
• In case of delinquencies, a structured collections process is followed, adhering to legal and ethical standards.
Environmental Review and Compliance
Pre-Loan Environmental Review:
• Conduct environmental impact assessments for each loan proposal. • Ensure compliance with applicable environmental laws and regulations.
Compliance with Environmental Laws:
• Include environmental compliance clauses in all loan agreements. • Regularly update procedures to align with current environmental laws and regulations.
Conflict of Interest
Conflict of Interest Policy:
• Maintain a strict conflict of interest policy for all staff, board members, and loan committee members.
• Require regular disclosure and training to prevent any conflicts of interest.
Commercial Loan Portfolio Management
Loan Monitoring and Management:
• Implement ongoing monitoring of loan recipients’ business performance. • Utilize financial health indicators, job creation metrics, and business growth for assessment.
Foreclosure Procedures:
San Diego East County Economic Development Council
• Establish clear procedures for handling foreclosures, ensuring legal compliance and fairness.
Accountability and Asset Safeguarding
Internal Controls and Compliance:
• Implement robust internal controls for financial management. • Ensure compliance with all federal, state, and local laws relevant to RLF operations.
Safeguarding of Assets:
• Conduct regular audits and financial reporting to safeguard assets. • Implement checks and balances to prevent fraud and misuse of funds.
This operational procedure plan for the RLF of ECEDCF demonstrates a comprehensive understanding of commercial loan portfolio management, including prudent lending practices, environmental compliance, and conflict of interest prevention. The plan aligns with the regional CEDS, EDA policies, and ensures accountability and safeguarding of assets, thereby fulfilling the criteria set by the EDA for the evaluation of RLF plans. The RLF plan will follow all laws and regulations consistent with “Prudent Lending Practices,” as defined in § 307.8, additionally the RLF plan’s environmental review and compliance procedures will follow all laws and regulations as set out in § 307.10, and EDA's conflicts of interest rules set out in § 302.17 .
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 28, 2023
SUBJECT: RESOLUTION AMENDING SECTION 12.52.050 OF THE LA
MESA MUNICIPAL CODE LIMITING THE GROSS WEIGHT
TO THREE TONS OF A PORTION OF JACKSON DRIVE AND
LEMON AVENUE BETWEEN LA MESA BOULEVARD AND
SR125 SOUTH BOUND ENTRANCE RAMP
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City Council approve limiting the gross weight to three tons of a portion of Jackson Drive and Lemon Avenue between La Mesa Boulevard and SR125 Southbound entrance ramp?
Recommendation:
The City Council approve limiting the gross weight to three tons of a portion of Jackson Drive and Lemon Avenue between La Mesa Boulevard and SR125 Southbound entrance ramp.
Fiscal Impact:
The cost to install weight limit signs should be less than $1,000 and can be covered by the Public Works Traffic Operations maintenance budget (3107-6420).
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Environmental Review:
This project is categorically exempt from the environmental review process under Section 15301 Class 1 (c) of Title 14 of the California Code of Regulations, which exempts projects which involve negligible or no expansion of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 2 of 3
BACKGROUND:
Requests for limiting the gross weight of vehicles on certain roads are used to reduce traffic, protect the roadways wear, appearance, and character.
Per California Vehicle Code (CVC) section 35701, the City, may by ordinance prohibit the use of a street by any commercial vehicle, or by any vehicle exceeding a maximum gross weight limit, with some exceptions as indicated in the section.
DISCUSSION:
The request for limiting the gross weight of a portion of Lemon Avenue between Garfield Street and Wood Street was requested from a homeowner with the volumes of large, heavy trucks transiting through the street segment, increasing wear and tear on a road, which is not designated as a truck route.
On November 1st, the Mobility Commission reviewed and recommended the approval of the weight limit on the Lemon Segment with the following change, increasing the scope of the street limits to include the segment of Jackson Drive from La Mesa Boulevard to Lemon Avenue to prevent vehicles exceeding 3 tons from initially driving into the residential neighborhood, and instead directing heavier vehicles to remain on the higher capacity streets of La Mesa Boulevard and Grossmont Boulevard.
Due to the proximity of the segment to Lemon Elementary School, School Buses will be an included exception along with the exceptions covered under CVC Sections 35700 through 35722.
CONCLUSION:
Staff recommends that the City Council to approve a resolution amending Section 12.52.050 of the La Mesa Municipal Code and limiting the gross weight to three tons of a portion of Jackson Drive and Lemon Avenue from La Mesa Boulevard to the SR125 southbound entrance ramp.
Reviewed by: Respectfully submitted by:
____________________ ___________ _________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
_Michael Kinnard____________________
Michael Kinnard
Engineering Project Manager
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 3 of 3
Attachments: A: Resolution
B: Weight Limit Map
RESOLUTION NO. 2023-
RESOLUTION AMENDING SECTION 12.52.050 OF THE LA MESA MUNICIPAL
CODE LIMITING THE GROSS WEIGHT OF A PORTION OF JACKSON DRIVE
AND LEMON AVENUE BETWEEN LA MESA BOULEVARD AND STATE
ROUTE 125 TO THREE TONS
_____
BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, as follows:
Section 12.52.050 of the La Mesa Municipal Code is hereby amended to add the following:
Street Location Description or Address
Jackson Drive between La Mesa
Boulevard and Lemon Avenue Segment of street limited to three tons gross weight Lemon Avenue between Jackson
Drive intersection and CA State Route
125, southbound on ramp Segment of street limited to three tons gross weight PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of November 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Attachment B: Weight Limit Streets Lemon Ave. Jackson Dr.
La Mesa Blvd.
SR 125
SB on Ramp
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 28, 2023
SUBJECT: RESOLUTION APPROVING CONRTACT CHANGE
ORDER 2 TO PARSONS TO PROVIDE STAFF
AUGMENTATION FOR CITY TRAFFIC ENGINEERING
SERVICES
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City Council approve Contract Change Order 2 to Parsons to provide staff augmentation for City Traffic Engineering services in an amount not to exceed $39,663.52?
Recommendation:
Adopt the attached resolution approving a Contract Change Order to Parsons to provide staff augmentation for City Traffic Engineering services in an amount not to exceed $39,663.52.
Fiscal Impact:
Funds for the project are available from traffic engineering support services account No. 101-64300-303-000000.
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Invest in infrastructure to serve the needs of the community.
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 2 of 3
Climate Action Plan Reduction Strategy:
T-1 Bicycle and Pedestrian Infrastructure – Encourage active transportation options through planning and development of safe active transportation infrastructure and facilities in the City. T-2 Bicycle and Pedestrian Safety Program (Vision Zero) – Advance community-wide active transportation through safety programs, public engagement, education, and advocacy.
BACKGROUND:
On June 30, 2023, Parsons was both approved for an extension of RFQ 18-15 to provide engineering staff augmentation services, and a task order to provide traffic engineering staff services. Their scope of services includes responding to traffic related public requests, development review, preparing traffic work orders, and managing the traffic advisory committee agenda.
In October 2023, Contract Change Order 1 was administratively executed increasing the scope to add additional staff augmentation services to the end of the calendar year, resulting in a contract amount of $49,960.78.
DISCUSSION:
Parsons has provided augmented staff support for traffic related engineering services over the past year and the change order will extend their support through the end of fiscal year 2024.
The City’s Municipal Code and Administrative Instruction F-13 require the City Council’s approval for change orders that would result in total contract amount to exceed $50,000.
CONCLUSION:
Staff recommends that the City Council adopt the attached resolution approving Contract Change Order 2 to Parsons to provide additional staff augmentation for city traffic engineering services in an amount not to exceed $39,663.52.
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ _______________________ _____
Greg Humora Michael Throne, PE
City Manager Director of Public Works
___Michael Kinnard__________________
Michael Kinnard
Engineering Project Manager
Attachments: A: Resolution
B: Parsons CCO-2
C: Parsons CCO-2 Proposal
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING CONTRACT CHANGE ORDER 2 TO PARSONS TO PROVIDE
STAFF AUGMENTATION FOR TRAFFIC ENGINEERING RELATED SERVICES WHEREAS, the City of La Mesa has goals to promote a high quality of life that current and future generations can afford to call home and to invest in infrastructure to serve the needs of the community;
WHEREAS, in June 2023, the City approved an extension to RFQ 18-15 to Parsons for providing as-needed engineering services; and
WHEREAS, the City requires assistance with traffic engineering related services.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:
The Change Order to provide staff augmentation for traffic engineering related services in an amount not to exceed $39,663.52 is approved and the Mayor is hereby authorized to execute Contract Change Order 2 with Parsons to perform the work.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28th day of November 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
RE Contract: Date:
Resolution No.
Chris Johnson, Vice President
I, THE UNDERSIGNED CONTRACTOR/CONSULTANT, have given careful consideration to the changes proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the price shown above.
Michael Throne, Director of Public
Works
Parsons Transportation Group
267%
APPROVAL RECOMMENDED BY: APPROVED BY:
This document shall become an amendment to the contract and all provisions for the contract will apply hereto.
The contractor accepts this change order as full compensation for additional work and delay to the project caused by this change order. This change order was requested by the City/Contractor.
NEW CONTRACT AMOUNT (C + B + A) $ 89,624.30 % Change
$ 39,663.52
Total Change
NET CHANGE THIS CCO (+ or -) % Change 163%
TOTAL CCO's (+ or -) $ 65,215.98 % Change 267%
CCO's PREVIOUSLY APPROVED (+ or -) $ 25,552.46 % Change 105% Mark Arapostathis, Mayor
PARSONS TRANSPORTATION GROUP
242024
TO:
ORIGINAL CONTRACT AMOUNT
$ 39,663.52
$ 24,408.32
1 Additional staff augmentation services to the end of FY24 $ 39,663.52
CITY OF LA MESA
You are hereby requested to comply with the listed changes in the contract plans and specifications. Furnish to the City of La Mesa as follows:
Item No.
Change in
Contract Price
11/28/2023
2023-_______
Detailed Description of Changes & Quantities or Scope of Work Traffic Engineering Staff Augmentation Services
CONTRACT CHANGE ORDER NO. 1
P.O. No.:
1 November 14, 2023
MEMORANDUM
To: Michael Kinnard, City of La Mesa Engineering Project Manager From: Matt Brash, PE, Parsons Principal Project Manager
RE: Staff Augmentation Services – Task Order #9 Amendment The purpose of this memorandum is to provide a fee estimate to provide staff augmentation services for the City of La Mesa. The estimate reflects an estimate of 1 day a week for 26 weeks. It is anticipated that this amendment will provide sufficient budget to provide services until June 2024.
Thank you and we look forward to providing this service for the City.
Sincerely,
Matt Brash, PE
[email protected]
(858) 442-9179
Parsons
DATE: November 28, 2023
TO: Mayor and Members of the City Council
FROM: Lyn Dedmon, Assistant to the City Manager
VIA: Greg Humora, City Manager
Glenn Sabine, City Attorney
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION 2.04.010 OF THE LA MESA MUNICIPAL CODE TO ADJUST
MAYOR, CITY COUNCIL AND TREASURER COMPENSATION
At the Council meeting of November 14, 2023, the Council unanimously approved the introduction and first reading of the Ordinance amending Section 2.04.010 of the La Mesa Municipal Code (LMMC) to adjust the Mayor, City Council and Treasurer compensation. The Ordinance increases the City Council salaries from $1,000 to $1,900 monthly (the Mayor, as a Councilmember, would receive the same increase), the Mayoral compensation from $1,000 to $1,900 (total $1,900 Council salary + $1,900 Mayoral salary = $3,800), and the Treasurer compensation from $579 to $1,100.
Additionally, the Ordinance directs staff to return to City Council in August of nonelection years with a recommended adjustment to the monthly compensation for the Mayor, Councilmembers, and City Treasurer.
Staff recommends the Council approve the second reading and adoption of the Ordinance amending Section 2.04.010 of the LMMC to adjust Mayor, City Council and Treasurer compensation.
Attachment: A. Draft Ordinance
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 2.04.010 OF THE LA MESA MUNICIPAL CODE TO
ADJUST THE MAYOR, CITY COUNCIL AND TREASURER COMPENSATION WHEREAS, the City of La Mesa was founded in 1869;
WHEREAS, the City of La Mesa was incorporated on February 16, 1912; WHEREAS, centrally located in the rolling hills of San Diego County, La Mesa is known as the Jewel of the Hills; and
WHEREAS, La Mesa is a general law city which derives its power from state law and uses the State Governmental Code to enumerate the City’s powers and form of government. La Mesa employees a Council-Manager form of government. In this arrangement, the Council is responsible for determining policy, and the City Manager ensures that such policy is implemented.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: Section 2.04.010 of the La Mesa Municipal Code is hereby amended to read as follows:
“Each Council member shall be entitled to a monthly salary in the amount of One Thousand Nine Hundred Dollars. The operative date of said compensation shall be upon the seating of the new City Council after the General Election held on November 5, 2024 pursuant to California law.”
SECTION 2: The Mayor shall be entitled to a monthly salary in the amount of One Thousand Nine Hundred Dollars. The operative date of said compensation shall be upon the seating of the new City Council after the General Election held on November 5, 2024 pursuant to California law. Said amount shall be in addition to that which the Mayor receives as a council member of the City.
SECTION 3: The City Treasurer shall be entitled to a monthly salary in the amount of One Thousand One Hundred Dollars. The operative date of said compensation shall be upon the seating of the new City Council after the General Election held on November 5, 2024 pursuant to California law.
SECTION 4: The City Council directed staff to return to Council in August of non-election years with a recommended adjustment to the monthly compensation for the Mayor, Council Members, and Treasurer.
SECTION 5: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of La Mesa.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 14th day of November 2023, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 28th day of November 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 28, 2023
SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF A
RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH FLOCK GROUP, INC. FOR THE
PURCHASE AND INSTALLATION OF AUTOMATED
LICENSE PLATE READERS
ISSUING DEPARTMENT: Police
SUMMARY:
Issues:
Should the City Council adopt a Resolution awarding the purchase and installation of twenty license plate reader cameras to Flock Safety?
Recommendation:
That the City Council adopt a Resolution authorizing the execution of an agreement in substantial form, subject to the final review and approval of the City Manager and City Attorney, for the purchase and installation of twenty license plate reader cameras to Flock Group, Inc.
Fiscal Impact:
The quoted cost for the purchase and installation of the twenty cameras is $124,500 for a two-year agreement. Funds are budgeted and available in account 603-65860- 143-000000
City’s Strategic Goals:
Safe Community
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 2 of 9
BACKGROUND:
The Police Department has sought out a vendor to provide Automated License Plate Reader (ALPR) cameras to be installed throughout the city, placed in high traffic areas. The ALPR cameras are intended to assist officers and detectives in solving crime and in the apprehension of criminals. Examples of crimes that can be solved are: stolen vehicles, wanted vehicles that have been used in a felony crime, to include, but not limited to, robbery, human trafficking, kidnapping, missing and exploited children.
Between January 1, 2020 and September 30, 2023, there have been 671 vehicle thefts within the City of La Mesa. The average number for 2020 through 2022 is 176 per year. If the rate of thefts remains consistent, 2023 is projected to be similar to 2022, with 189 auto thefts.
Vehicle thefts increased by 22.7% in 2022 (189), compared to 2020 (154). The majority of these auto thefts do not result in arrests. About 90% of vehicle thefts in La Mesa go without an offender being arrested or held accountable for their actions.
Between January 1, 2020 and October 31, 2023, there were 5,687 felony crimes reported to the La Mesa Police Department. In 2020, 1391 felonies were documented. That number rose to 1635 in 2022, for an increase of 17.6% since 2020. Currently, in 2023, through October 31st, there have been 1184 felonies reported.
The El Cajon Police Department recently implemented a Flock ALPR camera program within their city, installing forty cameras. In the eleven weeks that El Cajon’s ALPR program has been active, they have recovered 49 stolen vehicles, and made 57 arrests related to hits from the system. The arrests were for a myriad of charges including: auto theft, possession of stolen property, possession of controlled substance, carjacking, and possession of controlled substance for sales. With 57 criminals arrested in this short amount of time, the positive impact upon crime prevention is immeasurable.
ALPR capture and store digital images of license plates, and uses character recognition to identify and store license plate information. ALPR devices provide real-time alerts when a vehicle that is stolen or associated with a known suspect, crime, or missing person is detected. ALPR cameras can help determine which vehicle(s) were at the scene of a crime to assist detectives with additional investigative data. Often, these devices will capture evidence images before the Police Department is aware a crime occurred. The captured information is not tied to any personal information, or law enforcement databases, and will not be shared with any agencies outside of California or restricted federal agencies, in compliance with SB 54.
Flock cameras are currently in use, or in the process of being added to several surrounding jurisdictions within the County, offering interoperability that will significantly augment the system’s capabilities. A January 2012 Police Executive Research Forum (PERF) Technology
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 3 of 9
Summit in Washington D.C.1, showed 71% of surveyed police departments in the United States employed ALPR systems to some extent and 85% planned to acquire or expand their use of ALPR systems in the next five years.
DISCUSSION:
The Police Department intends to have 20 ALPR cameras installed in high traffic areas throughout the City, where they have the potential to capture the highest volume of vehicle license plates. Additionally, the intended positions of the ALPR cameras will also compliment the current locations of Flock ALPR cameras being utilized by neighboring jurisdictions. The quoted cost of the Flock system, including the installation of the ALPR cameras is broken up over two years. The first year is quoted to be $64,500, with year two being $60,000, for a total of $124,500.
Enhancing Existing Technologies
The Police Department currently deploys 4 mobile ALPR cameras, which are affixed to patrol vehicles. With the Flock program, 20 fixed ALPR cameras will be strategically installed in key intersections and thoroughfares likely to be traversed by criminal suspects during, or immediately after committing a crime. The expanded use of ALPR cameras will have a significant positive impact on both vehicle theft and vehicle accessory theft by providing information to solve vehicle theft cases, while simultaneously having a positive impact on the investigations of many other crimes committed in La Mesa. The Police Department intends to promote community safety, identify suspects, reduce crime, and be transparent with the community about the expanded use of this technology.
In recent years, many municipalities in San Diego County have expanded their ALPR programs to include fixed ALPR systems and have publicized numerous success stories attributed to the use of ALPR technology. Today, ALPR systems have become commonplace because they are an effective strategy to apprehend criminal offenders, as well as deter criminals who would victimize our community. The use of ALPR systems has become a standard and expected practice in police investigations throughout the region and the nation.
1 Police Executive Research Forum (2012). Critical Issues in Policing Series: “How Are Innovations in Technology Transforming Policing?” Retrieved from
https://www.policeforum.org/assets/docs/Critical_Issues_Series/how%20are%20innovations%20in%20technology %20transforming%20policing%202012.pdf
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 4 of 9
Use of Automated License Plate Recognition Systems in San Diego County City/Agency Fixed Mobile
Carlsbad 128 24
Chula Vista* 150 4
Coronado 9 0
Del Mar** 5 0
El Cajon 40 4
Encinitas** 7 0
Escondido 20 4
La Mesa* 20 4
National City 96 0
Oceanside 10 0
Port of San Diego 5 0
San Diego* 500 27
San Diego Sheriff's Dept. 0 39
Solana Beach** 8 0
University of San Diego 0 4
*Pending and in the process
of procuring ALPR systems.
**City contracts with San
Diego Sheriff's Department;
SDSD may deploy mobile
units within these
jurisdictions.
ALPR systems involve the use of digital camera systems paired with software to identify license plate numbers. ALPR systems function by automatically taking a photographic image of a vehicle’s license plate and transforming that image into alphanumeric characters using optical character recognition or similar software. The images often include the license plate as well as enough of the car to allow for identification of the make and model. The images and data about the license plate number and geolocation of the image are stored in the ALPR system for the pre-determined period of time. After which time, the images and data are automatically purged from the system, unless specifically saved as evidence for a criminal investigation. No personal identifying information is generated or stored in the ALPR system.
The ALPR is not capable of performing facial recognition, nor can they be used for traffic enforcement.
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Date: November 28, 2023
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The placement of the cameras is set up to primarily target the rear of the passing vehicles.
Most vehicles have a rear license plate affixed. Additionally, capturing the rear of the vehicles helps protect the motorists’ privacy.
Current Police Department ALPR System:
Currently, the Police Department deploys 4 marked patrol cars equipped with ALPR camera systems that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an available basis and are not assigned based on geography.
The Department’s ALPR system has two primary functions. First, while the ALPR-equipped car is in use, the system compares license plate numbers to one or more existing databases of vehicles of interest to law enforcement agencies and alerts the officer operating an ALPRequipped car when a possible vehicle of interest has been observed. This process typically occurs within seconds. At this point, the “automated” part of the process ends and officers must then independently validate that the ALPR system has accurately interpreted the license plate, validate that the license plate matches the vehicle of interest, verify that the alert is valid (e.g., not expired or otherwise deemed invalid), and make an informed decision as to what action to take, if any. An alert alone does not justify a traffic stop or detention. The officer must conduct these verification steps prior to any enforcement action.
The second function is the ability for officers to manually search the database for a specific vehicle related to an official investigation (crimes, missing persons etc.). The Department currently subscribes to Vigilant Solutions, which provides data storage for La Mesa PD ALPR Below is an example of what an ALPR image often looks like.
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Date: November 28, 2023
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images. Within this system officers are able to search for images captured by the department’s equipment, those collected by other law enforcement agencies, as well as those captured by commercial entities that are willingly shared with law enforcement.
Commercial systems are widely used by non-public entities such as shopping malls, casinos, apartment complexes, home-owners associations, amusement parks, and parking garages.
Commercial systems greatly outnumber law enforcement systems.
This manual search function is the part of the system that is most valuable to the Department as it is used frequently during police investigations. There are hundreds of instances where cases would not be solved without the use of the ALPR system.
Regulations surrounding the use and auditing of the Department’s ALPR systems are governed by La Mesa Police Department Policy § 427. The policy, publicly available on the Department’s webpage, outlines specific requirements for access, administration, operation, data sharing, retention, and measures for accountability.
Fixed ALPR cameras can support interdiction of crimes in-progress when users are logged into the system and can receive real time alerts. In mobile systems, an officer driving an ALPR-equipped patrol vehicle can be immediately alerted to a potential criminal offense or criminal offender, allowing the officer to take immediate action to investigate the alert and potentially stop a crime in progress, locate a missing/at-risk person, or identify a wanted vehicle.
Fixed ALPR cameras can be mounted on traffic lights and poles in major thoroughfares, points of ingress or egress into or out of the city limits, and positioned in areas of high traffic density. Since criminals may not remain within city limits, a fixed ALPR camera’s ability to capture images from key locations, 24 hours a day, provides detectives with significantly improved capability to identify and locate vehicles involved in crimes.
Access and Security of the ALPR System
Access to the ALPR system will be restricted to select employees and positions that require ALPR data to conduct their official duties. Examples include sworn personnel, police dispatchers, crime analysts, and other similar positions. All access to the ALPR system is regulated, not only by departmental policies that restrict its use, but also by federal and state laws. The ALPR system is compliant with Criminal Justice Information Services (“CJIS”), which requires the Police Department to safeguard the civil liberties of individuals and businesses, and to shield private and sensitive information.
CJIS compliance is central to all of the Police Department’s sensitive information sources, including the ALPR system. Under CJIS regulations, a user is required to demonstrate that they have the right to access the data, and that they have a bona fide reason to access the data. This requirement is sometimes referred to as the need-to-know/right-to-know standard.
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In other words, whenever a user accesses the ALPR system, they must first attribute the inquiry to a specific police investigation. The reason that the user accesses the system, is required and is logged in the system for future auditing.
System access logs can be audited by a system administrator or department manager to assure compliance with regulations and that each inquiry meets the need-to-know/right-toknow standard. Federal authorities conduct periodic audits of the Police Department’s CJIS systems to ensure compliance with security laws, database access limitations, and training requirements.
Ownership and Protection of ALPR Data
Under the terms of the agreement for the Flock ALPR system, all ALPR data, including but not limited to license plate data, images, geospatial data, user data, logging data, and system management data is owned and controlled exclusively by the City of La Mesa. ALPR data shall not be sold for any reason, and shall not be shared without the permission of the City, unless required by law. ALPR data is stored on servers residing in the United States, is encrypted, and systems are protected against compromise.
Retention of ALPR Data
Currently, the Police Department’s vehicle ALPR system retains photographs and data for a period of one year, after which time the information is automatically purged from the system.
The Flock stationary ALPR system’s retention period will be 30 days. This retention period gives the department a reasonable amount of time to conduct an inquiry during the early phases of a police investigation. As a matter of standard investigative practice, specific ALPR data that is determined to be evidence in a police investigation (such as a record and photograph of a suspect vehicle) is manually migrated by an investigator to the Police Department’s pre-existing digital evidence management system. ALPR data is automatically purged from the Flock ALPR system after the 30-day retention period.
Data Sharing of ALPR Data
Currently, the Police Department has authorized specific law enforcement agencies limited access to search its vehicle ALPR data.
The authorization is sometimes broadly referred to as “data sharing.” Data sharing does not transmit nor provide wholesale ALPR data to any agency, nor does it provide any agency with direct or comprehensive access to the Police Department’s ALPR data. Instead, the phrase “data sharing”, in the context of the Police Department’s ALPR system, refers to the capability that an authorized law enforcement agency’s ALPR system may, during the course of conducting a search of their own ALPR data during an official investigation, simultaneously
Report to Mayor and Councilmembers
Date: November 28, 2023
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search the ALPR data of any other agency that has permitted it. In other words, one jurisdiction is searching for a suspect’s vehicle in its ALPR system, can also search for the vehicle in other jurisdictions that have so authorized it. Actual ALPR data (such as the license plate or photograph) is only shared between agencies when there is a “hit” to an active search. Other law enforcement agencies may similarly authorize sharing their data with the Department, allowing investigations in La Mesa to find suspect vehicles that have fled the city.
Data sharing authorizations are crucial since crime is not limited to the city limits, and criminal offenders commonly traverse city and county jurisdictions in the process of committing criminal acts. Sharing information with other vetted law enforcement agencies is essential to solve crime. Suspects move about the community and look for opportunities to perpetrate crime. By sharing and receiving ALPR data, agencies can leverage each other’s data to solve more cases quickly, potentially reducing the number of victims and thus driving crime rates down, making communities safer. Each agency’s access and use of ALPR data is still governed by CJIS and by state laws, protecting individual privacy rights. The Police Department will not share ALPR data with any agencies located outside the State of California, or restricted federal agencies, in compliance with SB 54 and all other state and federal requirements.
Strategic Deployment of Fixed ALPR Cameras
The Police Department has utilized ALPR technology for a number of years, in support of police investigations. Through this practice, our ability to identify suspects in criminal investigations, with the primary goal of protecting the community, solving crime, and holding offenders accountable, has been greatly enhanced. Within the region, the use of ALPR systems has become commonplace, and a standard practice in effective criminal investigations.
The addition of 20 fixed ALPR cameras will significantly improve the department’s capacity to keep the community safe. The proposed number of fixed ALPR cameras for La Mesa is consistent proportionately with the other jurisdictions in the San Diego region.
Report to Mayor and Councilmembers
Date: November 28, 2023
Page: 9 of 9
ALPR Cameras per Square Mile in San Diego County
City/Agency Square Miles ALPR Cameras per Sq. Mi.
Carlsbad 39.1 3.3
Chula Vista 52.0 2.9
Coronado 7.9 1.1
Del Mar 1.7 2.9
El Cajon 14.4 2.8
Encinitas 20.0 0.4
Escondido 37.0 0.5
La Mesa 9.1 2.2
National City 9.1 10.5
Oceanside 42.2 0.2
Port of San Diego 3.8 1.3
San Diego 325.2 1.5
Solana Beach 3.5 2.3
The proposed location of each fixed ALPR camera was chosen based upon a number of factors, including but not limited to, rates of traffic density on city roadways, locations of ingress and egress to and from the city limits, as well as geographic land features.
CONCLUSION:
Staff recommends that the City Council adopt a resolution awarding the purchase and installation of twenty license plate reader cameras to Flock Safety.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments:
Resolution
Draft Agreement
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AWARDING THE PURCHASE AND INSTALLATION OF 20 AUTOMATED LICENSE PLATE READER CAMERAS TO FLOCK GROUP, INC.
________________________________________________________________ WHEREAS, the La Mesa Police Department wishes to expand the technological capabilities to more effectively solve crimes through purchase and implementation of Automated License Plate Reader (ALPR) cameras;
WHEREAS, the City received a quote from Flock Group, Inc. for the purchase and installation of the ALPR camera systems, as well as the storage of data captured, for the amount of $124,500 for a two-year period;
WHEREAS, the City’s Purchasing Officer may waive competitive bidding when it is determined that, due to special circumstances, it is in the City's best interest to purchase a commodity without compliance with the bidding procedure, per La Mesa Municipal Code Section
2.40.070(a)(7); and
WHEREAS, by purchasing directly from Flock Group, Inc. instead of using a formal bid process, the City will enhance the effectiveness of the cameras due to the interoperability with neighboring law enforcement partners.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award the purchase of 20 ALPR cameras to Flock Group, Inc. for $124,500.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 28
th day of November 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Flock Safety + CA - La Mesa PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Antouan Benbalit
[email protected]
2064321524
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including onetoone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing investigative
needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera that
captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Customer: CA - La Mesa PD Initial Term: 24 Months
Legal Entity Name: CA - La Mesa PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 8085 University Ave La Mesa, California 91942 Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Professional Services and One Time Purchases
Professional Services - Standard Implementation Fee $650.00 3 $1,950.00 Professional Services - Existing Infrastructure
Implementation Fee
$150.00 17 $2,550.00
Subtotal Year 1: $64,500.00
Annual Recurring Subtotal: $60,000.00
Estimated Tax: $0.00
Contract Total: $124,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $64,500.00
Annual Recurring after Year 1 $60,000.00
Contract Total $124,500.00
*Tax not included
Item Cost Quantity Total
Flock Safety Platform $60,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 20 Included
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.
PO
Number:
FLOCK GROUP, INC. Customer: CA - La Mesa PD
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By:
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Name:
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Title:
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Date:
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Date:
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 24 day of August 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded
Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but
in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise
transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority,
for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES
TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY LIABILITY ARRISING FROM PERSONAL INJURY OR DEATH.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with
DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise. 11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii)Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv)Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).