TUO – Tuolumne River Basin
MER – Merced River Basin
Percentages in parentheses indicate the percent decreases in magnitude of streamflow.
Source: Kiparsky et al., 2014
These reductions in mean annual flow impact instream conditions and habitat for aquatic and riparian ecosystems. As pictured in Figure 16-3, relative to other Sierra watersheds, the Merced River simulations experienced a moderate change in MAF due to climate change and was therefore considered to be less vulnerable to climate warming based on total water stored and changes in MAF than more northern watersheds (such as the American, Yuba, Bear, Mokelumne and Cosumnes Rivers) (Null et al., 2010).
Figure 16-3: Reduction in Mean Annual Flow from Base Case by Watershed Notes:
MER – Merced River watershed
Source: Null et al., 2010
Impacts on Runoff Centroid Timing
The 2010 modeling results showed that runoff centroid timing (CT) was 2 weeks, 4 weeks, and 6 weeks earlier given the respective 2o
C, 4oC and 6oC increases in air temperature. These results are shown in Figure 16-4.
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Chapter 16 Climate Change
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Figure 16-4: Average Annual Centroid Timing by Watershed Notes:
MER – Merced River watershed
Source: Null et al. 2010
Kiparsky’s 2014 study also found an earlier snowmelt and resulting shift of peak flows to earlier in the water year. This is demonstrated in Figure 16-5, which plots the streamflow results for the Merced River, as calibrated in response to the 2o
C, 4oC and 6oC increases in temperature.
Figure 16-5: Simulated Streamflow for the Merced River (2014 Model) Source: Kiparsky et al., 2014
Finally, MID’s impact report concurred with these results, finding large differences in the timing of peak flow with warming air temperatures. For the lowest temperature increase modeled (“T+3” scenario), peak discharge occurs at least one month earlier than the historical baseline. In addition, other impacts to runoff timing were observed. For example, the magnitude of precipitation events increased since higher air temperatures caused more precipitation to fall as rain rather than snow. This led to higher immediate runoff, which caused higher risks of flooding in the winter and early spring. Impacts on snowpack were also discussed; the snow water equivalent and snow-covered areas across the Merced River watershed were significantly reduced (Dewberry, 2017).
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Change in seasonal runoff timing may affect electrical generation capabilities, flood protection, water storage and deliveries. Using online hydropower capacity as a measure of impact, watersheds that rely on hydropower generation may face substantial changes in runoff timing with climate warming. Hydropower is often generated during high demand periods, which may be compromised if facilities are forced to spill due to higher magnitude flows or to accommodate early arrival of flows. While the Merced River demonstrated changes in CT due to climate warming, the limited generating capacity of the river (relative to that on other Sierra Nevada rivers) makes it one of the less vulnerable watersheds state-wide (Null et al., 2010).
Impacts on Low Flow Duration
The UC Davis 2010 study evaluated the average low flow duration (LFD) for the Sierra Nevada watersheds relative to climate change. For the Merced River, average low flow duration lasted 2, 3 and 4 weeks longer for the 2o
C, 4oC and 6oC increases in air temperature, respectively (see Figure 16-6, Null et al., 2010).
Changes in LFD were considered a surrogate for montane ecosystems in the study as persistent low flow conditions deplete meadow groundwater reserves and soil moisture, reducing the downstream benefits of meadows. Meadows provide ecosystem services such as maintaining summertime flow during dry periods and reducing floods in winter; providing aquatic and riparian habitat for birds, fish, amphibians, and insects; promoting riparian vegetation rather than conifer or dry shrub vegetation that increases wildfire risks; and improving downstream water quality. Merced River was considered vulnerable to LFD. Along with Yosemite and its meadows upstream, the Merced River could experience habitat loss as a result of climate change (Null et al., 2010).
Figure 16-6: Average Annual Low Flow Duration by Watershed Notes:
MER – Merced River watershed
Source: Null et al. 2010
Impacts on Surface Water Supply Reliability
In addition to the other climate change impact metrics discussed above, Kiparsky’s 2014 study also modeled surface water supply reliability in the Merced River Basin. The study framed reliability as a function of changes in agricultural water demands and hydrology in relation to the modeled behaviors of existing storage, conveyance, and irrigation systems. For each temperature iteration, the “reliability metric” assigns a binary metric where a given time point is determined either to be a failure or success based on an 12 ~
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Chapter 16 Climate Change
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established demand threshold. The reliability then represents a probabilistic measure of rate of success. The formula used in the 2014 study measures the degree of failure based on the amount of shortfall below the demand threshold. This metric is calculated where i represents a given demand point (or group of demand points), and j symbolizes timesteps:
Overall, for the agricultural districts simulated, surface supply reliability is reduced with increasing temperature, driven in part by changes in streamflow. For MID, supply reliability decreased for each incremental increase in temperature (See Table 16-2). These results do not account for the potential for other physical (e.g. plant physiological response) or behavioral changes (e.g. changes in irrigation technology or cropping patterns) (Kiparsky et al., 2014).
Table 16-2: Modeled Supply Reliability at Major Irrigation Districts in the Merced River Basin Irrigation
District DT = 0oC DT = 2oC DT = 4oC DT = 6oC
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Source: Kiparsky et al., 2014
16.4 Regional Water Resource Vulnerability
Primary water users in the Merced Region include urban users, agriculture, and the environment. Water supplies include both groundwater and surface water, with groundwater coming from the Merced (predominantly), Turlock and Chowchilla Subbasins of the San Joaquin Valley Groundwater Basin and surface water being diverted primarily from the Merced, Chowchilla, and San Joaquin Rivers. Declining Sierra Nevada snowpack, earlier runoff, and reduced spring and summer streamflows will likely affect surface water supplies and shift reliance to groundwater resources, which are already overdrafted in many places. This will, in turn, affect critical natural resource issues in the Region, such as agricultural land conversion, population growth, air, water and soil quality concerns, and loss of habitat land.
Other anticipated regional impacts resulting from climate change (increased air temperatures and variable precipitation) include changes to water quality; increased flooding, wildfires and heat waves; and impacts to ecosystem health. Earlier springtime runoff will increase the risk of winter flooding since capturing (Demandij - Deliv r iJ) if Demalldif ~ . Dell erJ ij'; R; = 1 - Demmul ii if not Rii= ] ·
Merced Integrated Regional Water Management Plan
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earlier runoff to compensate for future reductions in snowpack would take up a large fraction of the available flood protection space. This forces a choice between winter flood prevention and maintaining water storage for summer and fall dry-period use. Under the ‘business-as-usual’ climate change scenario (A2), wildfires could increase by 100% or more by the end of the century (CNRA, 2009). Some of these impacts on water resources management are already being observed within the Region.
The 2011 Climate Change Handbook outlines seven categories of key climate change vulnerabilities that are anticipated in California’s water resources (CDM, 2011). These include:
• Water Demand
• Water Supply
• Water Quality
• Sea Level Rise
• Flooding
• Ecosystem and Habitat Vulnerability
• Hydropower
These identified vulnerabilities and their applicability to the Merced Region are summarized in Table 16-3 and further described in the following sections.
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Table 16-3: Merced Region Vulnerabilities
Vulnerability Description
Water Demand
Vulnerable to increased agricultural demands due to longer growing season, increased temperatures and evapotranspiration rates, and more frequent/severe droughts. Vulnerable to increased urban and commercial, industrial, and institutional (CII) demand due to increased outside temperatures.
Water Supply and Quality
Vulnerable to decreased snowpack in the Sierra Nevada, shifts in timing of seasonal runoff, increased demands exacerbating groundwater overdraft, degraded surface and groundwater quality resulting from lower flows, exaggerated overdraft conditions, a reduction of meadows which can provide contaminant reduction, and more frequent/severe droughts and storm events increasing turbidity in surface supplies.
Sea Level Rise Due to its inland location, sea level rise is not a direct potential climate change impact to the Merced Region.
Flooding
Vulnerable to more severe/flashier storm events and earlier springtime runoff leading to increased flooding, and a reduction of meadows which help reduce floods in the winter.
Ecosystem and Habitat
Vulnerability
Vulnerable to decreased snowpack, more frequent/severe droughts and wildfires, shift in seasonal runoff, increased low flow periods and increased water temperatures (degraded water quality).
Hydropower
Vulnerable to increased customer demand combined with changes in timing of seasonal runoff and flashier storm systems affecting reservoir storage.
Other
Vulnerable to impacts on recreation and tourism industries (such as Yosemite National Park and ski resorts) that support the Region’s economy.
16.4.1 Water Demand
Land use patterns in the Merced Region are dominated by agricultural uses, including animal confinement (dairy and poultry), grazing, forage, row crops, and nut and fruit trees, all of which rely heavily on water purveyors/districts and private groundwater and surface water supply sources. In general, irrigation water demand varies based on precipitation, and may or may not increase under future climate change conditions.
Groundwater pumping is anticipated to increase as more irrigators and agricultural water users turn to groundwater to meet crop water requirements and farming needs (depending on surface water availability).
In addition, groundwater salinity increases are projected due to conditions such as drier climate, increased groundwater pumping, and lower induced water tables (Schoups et al., 2010). The effects of increased air temperatures on agriculture will include faster plant development, shorter growing seasons, changes to reference evapotranspiration and possible heat stress for some crops. Without accounting for evapotranspiration rates, agricultural crop and urban outdoor demands are expected to increase in the Sacramento Valley by as much as 6% in the future (Chung et al., 2009). In addition, fruit crops are more climate-sensitive than other crop types and may require additional water as the climate warms. Therefore, Merced Integrated Regional Water Management Plan
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more water may be necessary to maintain yield and quality in future years of apricot or peach crops, for example, in the Merced Region.
When more water is required to maintain yield and potentially reduced supplies available, the agricultural community may respond to these climate-induced changes by increasing the acreage of land fallowing and retirement, augmenting crop water requirements by groundwater pumping, improving irrigation efficiency, and shifting to high-value and salt-tolerant crops (Schoups et al., 2010). However, agricultural impacts resulting from climate changes are anticipated to be significant in the Region, as Merced County ranks 5th in the state in agricultural production with a value of over $3.4 billion (Merced County, 2017). For example, dairy production has the potential to be greatly impacted by changes in climate. Heat stress can have a variety of effects on livestock, including reduced milk production and reproduction in dairy cows (Valtorta, 2002). Models have found that rising temperatures could reduce milk production by 7% - 10% under the B1 scenario and by 11% - 22% under the A1 scenario (Hayhoe et al., 2004).
Based upon each urban water supplier’s most recent UWMP and the Merced County General Plan Update, the anticipated total water demand in the Merced IRWM Region is anticipated to be 450,000 AF in 2040.
Table 16-4 provides an overview of the total anticipated demands in 2040, categorized by demand type.
For a more detailed breakdown of anticipated water demands through 2040, including the demand’s corresponding jurisdiction, see Chapter 2 Region Description, Table 2-5.
Table 16-4: Anticipated Total Applied Water Demand in the Merced Subbasin in 2040 Demand Type AF Percentage of Total
Municipal1 81,398 18%
Agricultural2 369,653 82%
TOTAL 451,051 100%
Notes:
1. Demand based on data reported in most recent UWMPs for the City of Atwater (Boyle Engineering Corp., 2007), the City of Livingston (AM Consulting Engineers, 2016), and the City of Merced (Carollo, 2017). Unincorporated demands are based on the Qualitative Comparison of Water Supply and Demands in Merced County Technical Memorandum prepared for the Merced County General Plan Update (Nolte Associates, 2009).
2. Water demand projections assume the existing demands remain constant through 2040. Existing demands are based on the Qualitative Comparison of Water Supply and Demands in Merced County Technical Memorandum prepared for the Merced County General Plan Update (Nolte Associates, 2009), the MID AWMP (MID, 2016), and communication with Stevinson Water District (R. Kelley, personal communication, August 17, 2018).
Groundwater modeling completed for MID which indicated that groundwater demands are highest during dry years, likely due to the fact that groundwater is primarily used for agricultural irrigation (MID, 2016).
The seasonal variability of water demands is projected to increase with climate change as droughts become more common and more severe (DWR, 2008). Other seasonal uses of water resources, such as landscape, irrigation, and cooling demands, are also expected to increase as a result of climate change (DWR, 2008).
Identification of industrial cooling tower demands and the demands of similar facilities will help the Region gain better understanding of the potential increases in seasonal demands.
16.4.2 Water Supply and Quality
The Merced Region’s water supplies include groundwater, local surface water, and imported surface water from the CVP in the case of CWD. In general, impacts on urban users will be a function of behavioral response of individuals and organizations as well as hydrology. Additional water storage will be required to ensure water supply reliability. Without additional storage, it will be difficult to capture and retain excess Merced Integrated Regional Water Management Plan
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runoff for use after April 1st without reducing the amount of flood storage space left in reserve. Both the need for empty storage for flood protection and the need for carryover storage for drought protection reflect the uncertainty about future weather conditions and the level of regional risk aversion (Hayhoe et al., 2004).
Currently, approximately 75% of total water use statewide currently occurs between April and September when lawns and crops are being irrigated (Hayhoe et al., 2004). Decreased summertime flows will likely result in increased groundwater pumping (and potential overdraft conditions) due to increased groundwater use to offset surface water shortages. Additionally, rising temperatures are projected to increase the frequency of heat waves, which could also lead to increased water use and further exacerbate low flow conditions (Hayhoe et al., 2004).
Changes in water availability and timing will also affect the value of water rights statewide, as mid- and late-season natural stream flow water rights become less valuable and the value of rights to stored water (which has a higher degree of reliability) increase in value. Senior users without access to storage could face unprecedented shortages due to reduced summertime flows (Hayhoe et al., 2004). These same changes will also affect the level of hydropower generation on the Merced River, especially in the summer, when hydropower generation is needed most to meet peak demand (Moser et al., 2012).
Finally, climate change impacts may affect water quality in a multitude of ways. • Water quality can be impacted by both extreme increases and decreases in precipitation. Increases in storm event severity may result in increased turbidity in surface water supplies while decreases in summertime precipitation may leave contaminants more concentrated in streamflows (DWR, 2008). • Higher water temperatures may exacerbate reservoir water quality issues associated with reduced dissolved oxygen levels and increased algal blooms (DWR, 2008).
Water quality concerns not only impact drinking water supplies, but also environmental uses and wastewater treatment processes. The altered assimilative capacity of receiving waters may increase treatment requirements, and collection systems could be inundated in flooding events. More prevalent wildfires could result in aerial deposition and runoff of pollutants into water bodies, impacting surface water quality. Declining Sierra Nevada snowpack, earlier runoff and reduced spring and summer stream flows will likely affect surface water supplies and shift reliance to groundwater resources, which are already overdrafted in many places.
Groundwater Supply and Quality
The Merced Region overlies three groundwater subbasins within the San Joaquin Valley Groundwater Basin as recognized by DWR in Bulletin 118 (California’s Groundwater); these include the entirety of the Merced Subbasin and portions of the Chowchilla and Turlock Subbasins. According to the Merced Groundwater Basin Management Plan Update, groundwater elevations in the Merced Subbasin have been monitored by DWR, MID, and other entities since the 1950s (AMEC Geomatrix, Inc., 2008). This monitoring data demonstrates that, since 1980, average groundwater levels beneath the Merced Subbasin have declined, on average, approximately 14 feet, with most of this decline occurring between 1980 and 1996. As such, the Merced Subbasin is considered to be in a state of mild long-term groundwater level decline. In addition to dropping groundwater levels, the Merced Subbasin has high concentrations of TDS, generally at depths between 400 and 800 feet below the ground surface, that increase in concentration from east to west. The San Joaquin River acts as a natural saline barrier, so generally, TDS concentrations are greater on the west side of the River and less on the east side. Reduced streamflows in the San Joaquin River could reduce the effect of the natural barrier and allow for further migration of salinity in the ' Merced Integrated Regional Water Management Plan
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groundwater basin. Additionally, climate change impacts may cause increased evapotranspiration and a longer growing season, further exacerbating groundwater overdraft and high salinity levels.
Portions of the groundwater subbasins are subject to high nitrate concentrations, elevated iron and manganese concentrations, and contamination with MTBE, DBCP and other contaminants which can impact the beneficial use of groundwater. Lastly, the variation in precipitation and streamflow in the future will influence how and when the groundwater subbasins are recharged in the Merced Region.
Surface Water Supply and Quality
The CVRWQCB compiled the 303(d) list of impaired water bodies within the Sacramento River and San Joaquin River Basins that suffer significant water quality impairments from a variety of pollutants and must be addressed through the development of TMDLs. The Lower Merced River (from McSwain Reservoir to the San Joaquin River) is included on this list. Irrigated agriculture has been identified as a significant anthropogenic source of both nitrate and sediment loading in surface water bodies. Additional sources of sediment loading include erosion, mining, and grazing, among others. Current climate change scenarios project lower stream flows and higher agricultural water use that could pose significant challenges in implementing the defined TMDLs and meeting water quality goals.
As the occurrence of wildfires increases, additional sediment could be deposited into water bodies, and turbidity could likely become more of a concern. Sediment and pollutants collected from upstream could be concentrated downstream, leading to water quality issues and the disturbance of critical habitats. In addition, earlier snowmelt and more intense precipitation events will likely increase turbidity in source waters. Shifts in the timing of runoff have already been observed, and the total annual runoff is projected to decrease by as much as 8.7% in San Joaquin watershed by 2050 (USBR, 2011). Increased flooding may lead to sewage overflows, resulting in higher pathogen loading in the source waters. Increased water temperatures and shallower reservoirs may result in more prevalent eutrophic conditions in storage reservoirs, increasing the frequency and locations of cyanobacterial blooms. These potential changes could result in challenges for surface water treatment plants and require additional monitoring to quantify changes in source water quality and better control of finished water quality (CUWA, 2007).
Imported Surface Water Supply
As shown in Figure 16-7, less than 20% of the CWD service area lies within the Merced Region and it is the only portion of the Merced Region that receives imported water supplies via the CVP. Surface water supplies are delivered to CWD through contracts with the USBR that provides 24,000 AFY from Buchanan Dam and 55,000 AFY of Class 1 Water and 160,000 AFY of Class 2 Water from Friant Dam. '
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Figure 16-7: CVP Contractors within the Merced Region
Due to delivery reductions by the USBR, the long-term average annual available CVP supply for agricultural and municipal and industrial (M&I) usage is estimated to be 53% and 83% of the contracted amount, respectively. On December 15, 2008, the USFWS released its final Biological Opinion on CVP and SWP Operations Criteria and Plan. In this Biological Opinion, USFWS determined that continued operation of these two water projects would likely adversely affect critical habitat for the delta smelt, a threatened species under the Endangered Species Act. Implementation of recommendations contained in this study has faced legal action, resulting in a 2010 district court ruling that the 2008 Biological Opinion was “arbitrary and capricious”. Meanwhile, in 2014, the U.S. Court of Appeals for the Ninth Circuit reversed in part and affirmed in part the district court’s judgement on the 2008 Biological Opinion (U.S.
Court of Appeals for the Ninth Court, 2014). Long-term implementation of the USFWS’s 2008 Biological Opinion could impact the long-term availability of CVP supplies.
As a result of the increased temperature, DWR anticipates a 20% to 40% decrease in the state’s snowpack by mid-century (DWR, 2008). This reduction in snowpack impacts the SWP, CVP and water systems that rely on the San Joaquin River and its tributaries. The SWP 2009 Delivery Reliability Report (DWR, 2010b) indicates that Delta exports may be reduced by up to 25% by the end of the century.
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16.4.3 Flooding
Sea level rise is not a direct potential climate change impact to the Merced Region. Sea level rise will result in increased coastal flooding; severity of non-coastal flooding will also increase in the future due to climate change. Changes in the amount, intensity, timing and variability of runoff, as well as extreme precipitation events, will become more common, increasing the likelihood of extreme weather events and floods. Rising snowlines will also increase the surface area in watersheds receiving precipitation as rain instead of snow (DWR, 2008), thereby increasing storm-related runoff. The Merced Region experienced three major flood events in recent years (1998, 2006 and 2017) that caused significant damage to homes, bridges, roads, and other structures, as well as geomorphic impacts to nearby creeks. These events could increase under anticipated future conditions.
There are significant portions of the Merced Region that lie within FEMA designated 100-year and 500- year flood zones. Low-lying DACs will be particularly vulnerable to flooding damages causing temporary and/or permanent displacement. Some of the DACs within the Merced Region lie within the 100-year floodplain as shown in Figure 16-8.
Figure 16-8: DACs within 100-year Floodplain
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16.4.4 Ecosystem and Habitat
Eastern Merced County supports the largest unfragmented blocks of high-density vernal pool grasslands remaining in California. These vernal pools contain numerous rare and endangered species such as fairy shrimp, tadpole shrimp and several rate Orcutt tribe grasses (Economic & Planning Systems, Inc., 2009).
These species and others that are susceptible to heat waves, droughts, and flooding may be in danger and invasive species may become even more challenging to manage (CCSP, 2009). Conservation efforts in the Region include work by UC Merced, in which the University placed the vernal pools and grassland reserve to the north and east of campus in the UC Reserve System in 2014, conserving a large block of vernal pool grasslands.
Climate change impacts on the environment within the Merced Region also include changes in vegetation distribution and increases in ecosystem stress. Specifically, temperature-induced declines in alpine/subalpine forests are expected to occur in addition to major shifts from evergreen conifer forests to mixed evergreen conifer forests and expansion of grasslands (Hayhoe et al., 2004). Increasing stress on ecosystems resulting from rising temperatures will reduce capacity to resist pest attacks while increasing pest survival rates, accelerating their development and allowing them to expand their range. Increasing temperatures will also result in warmer freshwater temperatures which, along with changes in seasonal stream flows, are projected to cause sharp reductions in salmon populations and increased risks of extinction for some Central Valley subpopulations (Ackerman and Stanton, 2011).
Projected hotter and possibly drier future conditions will also increase the frequency and extent of wildfires, worsen pest outbreaks, and stress precarious sensitive populations. Wildfires will play a significant role in converting woodlands to grassland as decreases in moisture shift the competitive balance in favor of the more drought-tolerant grasses and increases in grass biomass provide more fine fuels to support more frequent fires. Increased wildfires also favor grasses, which re-establish more rapidly than slower growing woody life forms after burning (Hayhoe et al., 2004)
Finally, decreases in precipitation will directly affect both surface water and groundwater quality. Warmer surface water will result in lower dissolved oxygen concentrations, which can directly impact aquatic and riparian habitats. Decreased precipitation and associated decreased groundwater percolation will result in increased dissolved concentrations of constituents in groundwater.
16.4.5 Hydropower
MID has generated wholesale electric power at its hydroelectric facilities for over 75 years. In 1967, McSwain and New Exchequer Dams were completed in Mariposa County, downstream of Lake McClure.
The combined hydroelectric output for these two facilities is over 107 megawatts, and MID produces an average of approximately 330 million kilowatts per year (MID, 2018). Although the hydroelectric facilities and New Exchequer and McSwain Dams are outside the Merced regional boundary, they are operated by MID and currently provide power to the State’s open grid. The Merced River Hydroelectric Project is operated to provide water supply, flood control, recreation and hydropower, and it is a component of MID’s water portfolio. Power generation depends on gravity-driven water flow from the Lake McClure Reservoir into the New Exchequer powerhouse. Turbines then harness this gravity flow and create clean hydroelectric power. Within the past few years, MID also completed an upgrade to the McClure powerhouse which improved the process efficiency by 8 percent (MID, 2018).
Lake McClure and the Merced River are supplied primarily by snowmelt from the Sierra Nevada. Changing volumes of snowfall and snowpack in the Sierra Nevada and the changing seasonal melting patterns may require changes in dam operation. As the timing of snowmelt shifts in the spring, hydroelectric power ' Merced Integrated Regional Water Management Plan
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generation may also shift to accommodate enhanced flood control operations. Additionally, increasing temperatures will also increase energy demands, especially during peak demand times (DWR, 2008). As previously described, the modeling completed as described in the Hydrologic Response and Watershed Sensitivity to Climate Warming in California’s Sierra Nevada, showed that runoff centroid timing (CT) on the Merced River was 2 weeks, 4 weeks, and 6 weeks earlier given the respective 2o C, 4oC and 6oC increases
in air temperature, respectively. Change in seasonal runoff timing may affect electrical generation capabilities, flood protection, water storage and deliveries. Hydropower is often generated during high demand periods, which may be compromised if facilities are forced to spill due to higher magnitude flows or to accommodate early arrival of flows (Null, et. al. 2010).
16.4.6 Other
Climate change will also affect the Region in other ways, including impacting recreation and the tourism industries (and therefore the Region’s economy). As one of the gateways to Yosemite National Park, the City of Merced and surrounding communities rely on this industry as part of its economy. Stressed environments and increased wildfire will put these natural resources at risk. Projections of decreased snowpack have the potential to affect the ski industry as the State’s 34 ski resorts are based between 6,500 and 8,200 feet, well into the elevations impacted by temperature increases. These same temperature increases will also delay the start of ski season and impact the economic viability of the industry (Hayhoe et al. 2004).
16.4.7 Prioritized Vulnerabilities
The Merced Region’s vulnerabilities to anticipated climate changes were prioritized based on discussion with the RWMG and the RAC considering regional understanding and sensitivities and identified regional goals and objectives. The prioritized vulnerabilities for the Region were as follows:
1. Water Supply/Water Quality
2. Flooding
3. Hydropower
4. Water Demand
5. Ecosystem and Habitat Vulnerabilities
The rationale behind the prioritization acknowledges that the groundwater basin is already in overdraft condition and that increasing demands, combined with additional water supply reductions, will exacerbate this condition. Changes in the amount, intensity, timing, quality and variability of runoff (e.g. earlier springtime runoff and/or lower annual flows) will result in significant changes in river flows, potentially impacting both regional flooding and hydropower operations. Flooding and flood management is a major issue for the Region at present, and a flashier river/stream system is only going to worsen this condition.
Finally, while ecosystem and habitat issues are important, they derive from the other issues/vulnerabilities (e.g., water supply and quality, which is exacerbated by demand and flood issues), therefore ranking a lower vulnerability.
16.5 Strategies for Climate Change Adaptation and Mitigation Global climate modeling carries a significant degree of uncertainty resulting from varying sensitivity to changes in atmospheric forcing (e.g. CO2, aerosol compounds), unpredictable human responses, and incomplete knowledge about the underlying geophysical processes of global change. Even though current scenarios encompass the “best” and “worst” cases to the greatest degree possible based on current knowledge, significant uncertainty associated with future global GHG emission levels remains, especially ' Merced Integrated Regional Water Management Plan
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as timescales approach the end of the century. The historical data for calibrating global circulation models (GCMs) are not available worldwide and are spatially biased towards developed nations.
Considering the great deal of uncertainty associated with climate change projections, a prudent approach to addressing climate change incorporates a combination of adaptation and mitigation strategies. Climate adaptation includes strategies (policies, programs or other actions) that bolster community resilience in the face of unavoidable climate impacts (CNRA, 2012), where mitigation strategies include BMPs or other measures that are taken to reduce GHG emissions.
16.5.1 Climate Change Adaptation RMS
In accordance with the 2016 IRWM Guidelines (DWR, 2016), RMS are being considered in the Merced IRWM planning process to meet the Region’s objectives. Application of various RMS diversifies water management approaches, and many of the RMS apply to climate change adaptation and mitigation. As a result, the Region has evaluated RMS in their ability to eliminate or minimize the vulnerabilities resulting from climate change, especially those impacting water infrastructure systems. Categories of applicable RMS include:
• Reduce Water Demand
• Improve Operational Efficiency and Transfers
• Increase Water Supply
• Improve Water Quality
• Improve Flood Management
• Practice Resource Stewardship
• People and Water
• Other Strategies
This section discusses each of these RMS categories and how each can be utilized to address to climate change impacts. This analysis was conducted as part of the Region’s Climate Change Study (RMC, 2013d).
Reduce Water Demand
Reducing existing and future water demands can reduce pressure on water sources of limited supply and help the Region to adapt to the potential climate change impacts of less precipitation, shifting of springtime snowmelt, and overall uncertainty. The Reduce Water Demand RMS includes both agricultural and urban water use efficiency.
Agricultural Water Use Efficiency
As discussed in Chapter 5, Section 5.4.1 Reduce Water Demand, the Merced Region is already implementing many agricultural water use efficiency efforts. For example, MID, the Region’s primary agricultural water supplier, has identified and is currently implementing Efficient Water Management Practices as part of its AWMP (MID, 2016). The following are some of the Efficient Water Management Practices that MID is in the process of implementing:
• Infrastructure Upgrade: Evaporation loss from irrigation ditches and canals is a function of temperature and other climate variables. Depending on different emission scenarios, the operation of these facilities may be impacted by climate change, leading to increased water loss. One of the Efficient Water Management Practices is to convert irrigation canals and ditches to piping. This water conservation method prevents evaporative losses, which will only increase as temperatures rise. This approach could help the Merced Region adapt to climate change by expanding water ' Merced Integrated Regional Water Management Plan
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supplies and making existing water supplies less vulnerable to climate change impacts. Canal lining is identified as a less capital-intensive method to reduce seepage into the ground, although it does not reduce water evaporation and does reduce groundwater recharge that occurs as a result of this seepage. In addition, canal automation can increase water supply reliability and flexibility to deliver water at the time, quantity, and duration required by the grower, and can facilitate conversion to more efficient irrigation methods such as micro-irrigation (MID, 2016; RMC, 2013d).
• Water Management: Water suppliers and users must take advantage of new technologies and hardware to optimize management of water-related infrastructure. SCADA systems enable water managers to collect data to a centralized location and operate automated canals to achieve desired water levels, pressures or flow rate, and also increase the efficiency in reservoir operation. In addition, automated control will free water system operators from manual operation and allow them to plan, coordinate system operations, and potentially reduce costs. Such systems improve communications and provide for flexible water delivery, distribution, measurement, and accounting. On-farm practices can also be improved. Furrow, basin, and border irrigation methods have been improved to ensure that watering meets crop water requirements while limiting runoff and deep percolation. Using organic or plastic mulch can reduce non-essential evaporation of applied water. Advanced irrigation systems include GIS, GPS and satellite crop and soil moisture sensing systems and can all improve overall farm water management (MID, 2016; RMC, 2013d).
Urban Water Demand Reduction
DWR’s 20x2020 Water Conservation Plan includes urban water conservation measures that can be employed to improve water use efficiency. According to the 20x2020 Plan, approximately one third of urban water use is dedicated to landscape irrigation (DWR, 2010a); as such, the greatest potential for urban water use reduction is in reduced landscape irrigation. New landscapes could be designed to be efficient and suitable for the local climate, and existing high-water-using landscapes could be transformed into lower, more efficient alternatives. Weather-based irrigation is a cost-effective measure to improve landscape watering efficiency. Irrigation restrictions can limit landscape irrigation to two days per week or less, encouraging climate-appropriate landscapes and reducing over-irrigation. The 20x2020 Plan also recommends mandating the landscape irrigation BMPs and requiring water-efficient landscapes at all stateowned properties (DWR, 2010a; RMC, 2013d).
Improve Operational Efficiency and Transfers
Water supply system operations need to be optimized in order to maximize efficiency. Existing infrastructure for regional and local conveyance, including facilities that connect to the CVP system, must be maintained and improved as their useful lives are reached. Well-maintained conveyance infrastructure improves water supply reliability and enhances regional adaptability to climate change impacts. Addressing aging infrastructure, increasing existing capacity, and/or adding new conveyance facilities can improve existing conveyance systems and operational efficiency (CDM, 2011).
Through system reoperation, the Merced Region may be able to adapt to less reliable water supplies and/or increased water demands by maintaining conveyance infrastructure, as well as adapting to climate change impacts on hydropower production, flooding, habitat, and water quality.
The Region is currently investigating and implementing water transfers. For example, as discussed in Chapter 5, Section 5.4.3 Increase Water Supply, the City of Merced and MID are developing an MOU to formalize the exchange of tertiary-treated wastewater effluent from the City of Merced for surface water from MID. This will help the Region adapt to climate change by providing additional climate resilient water ' Merced Integrated Regional Water Management Plan
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supplies. As such, transfers can improve supply reliability when other supplies are projected to have reduced reliability due to climate change impacts.
An example of a performance metric to quantify this RMS is the amount of new supply created through regional water transfers (CDM, 2011; RMC, 2013d).
Increase Water Supply
As water demands increase due to longer growing seasons, higher temperatures, and longer droughts, and the future of existing water supplies sources becomes less certain, the Merced Region will need to enhance existing water supplies to meet demands. Increasing water supply can be accomplished through the implementation of conjunctive management of surface and groundwater supplies as well as through groundwater storage, recycled water use, and increased surface water storage, as appropriate. Diversifying the region’s water supply portfolio and adding drought-resistant sources is an adaptation measure that will help address increased water demands and/or decreased supply reliability. Performance metrics for measuring the effectiveness of this RMS could include additional supply created, amount of potable water offset, and supply reliability (CDM, 2011).
Conjunctive Management and Surface and Groundwater Storage MAGPI, the former Merced RWMG, developed and has been implementing the Merced Groundwater Basin Groundwater Management Plan, which promotes conjunctive surface water and groundwater management to improve the long-term sustainability of the Merced Groundwater Basin (AMEC Geomatrix, Inc., 2008). MAGPI was formed in 1997 (consisting of water purveyors in the Merced Groundwater Basin in addition to Merced County and EMRCD), recognizing the potential benefits regional planning would create when considering surface water and groundwater management in the basin. The Merced Region continues to investigate conjunctive management to increase surface and groundwater use, improve groundwater quality, and adapt to climate change. Increased storage and conjunctive use may increase resilience to shifting runoff patterns, providing more storage for early runoff, reducing or eliminating the potential climate change impacts from flooding and on hydropower production, and offsetting decreases in snowpack storage. This strategy is valuable as weather patterns change in frequency and timing and more extreme events occur.
Developing a project to provide additional local surface storage is a possible adaptation strategy for climate change impacts on water supply and associated reliability. Storage provides a way of adjusting a water system to altered peak streamflow timing resulting from earlier snowpack melting. Additional storage capacity could also help the Merced Region adapt to the anticipated increased precipitation variability. It would also facilitate water transfers between basins from upstream reservoirs to receiving regions that have additional storage for the transferred water. Added storage provides greater flexibility for capturing surface water runoff, managing supplies to meet seasonal water demands, helping manage floods from extreme storm events, and adapt to extreme weather conditions such as droughts.
In addition to new storage, agencies could consider the potential to develop water purchasing agreements to buy water from other agencies that own existing storage reservoirs with substantial water supplies.
Rehabilitation and possible enlargement of existing dams and infrastructure can potentially eliminate the need for new reservoir storage.
Finally, implementing conjunctive management and groundwater storage can provide benefits similar to additional surface storage, in addition to increased water management flexibility while also reducing groundwater overdraft. There is the potential to bank imported water, flood flows, runoff, and/or recycled water for dry seasons in groundwater basins. Conjunctive management is highly dependent on how well ' Merced Integrated Regional Water Management Plan
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surface water and groundwater are managed as a single source to adapt to the changing climate system (RMC, 2013d).
Desalination (Brackish and Sea Water)
Because the Merced Region is not a coastal region, desalinating seawater is not an option and therefore not a reasonable climate change adaptation strategy. Desalination of deep connate groundwater is a possibility; however, the potential for land subsidence and brine discharge pose significant challenges to implementing this as a cost-effective adaptation strategy (RMC, 2013d).
Municipal Recycled Water Use
The California Recycled Water Policy, developed by the SWRCB in 2009, includes a goal of substituting as much recycled water for potable water as possible by the year 2030. Recycled water is a sustainable, climate-resilient local water resource that could significantly help the Merced Region meet water management goals and objectives and assist in meeting the seasonal water demands of agriculture. Water recycling also provides a local supply that generally uses less energy than other water supplies, helping to mitigate climate change impacts through associated reductions in GHG emissions. Recycled water will continue to be used for agricultural purposes and urban landscape irrigation in the Region (Carollo, 2017), and expanded use will be encouraged and explored (RMC, 2013d).
Improve Water Quality
Improving drinking water treatment and distribution, groundwater remediation, matching water quality to use, pollution prevention, salt and salinity management, and urban runoff management can help improve water quality. These strategies may help the Region adapt to drinking water and ecosystem-related water quality impacts from climate change. They may also contribute to providing additional supplies; for example, stormwater capture and reuse would reduce pollution and also provide a seasonal source of irrigation water for urban landscaping or groundwater recharge. Water quality performance metrics for this RMS could include stream temperature, dissolved oxygen content, and pollutant concentrations (CDM, 2011).
Drinking Water Treatment and Distribution
Climate change impacts can pose challenges for surface water treatment plants in a number of ways, including increased monitoring and treatment flexibility necessary to quantify and treat for source water quality changes in order to maintain finished water quality. Continued growth statewide will result in increased stress on the limited water resources available for domestic, agricultural, and industrial uses.
Improving water treatment technologies and matching quality to end use can provide the flexibility required to meet uncertain future conditions (RMC, 2013d).
Groundwater Remediation
Removing contaminants and pollutant plumes in current groundwater sources will provide additional water supply by allowing an otherwise unusable source to become usable. Combined with matching water quality and quantity to water demand type, this adaptation strategy will help reduce the need for imported water supplies with higher capital costs and greater associated GHG emissions.
Local government and agencies with land use responsibility should limit potentially contaminating activities in areas where recharge takes place (recharge zone protection) and work together with entities currently undergoing long-term groundwater remediation to develop a sustainable, long-term water supply for beneficial reuse (RMC, 2013d).
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Pollution Prevention
In recent years, as point sources of pollution have become regulated and controlled, “non-point source” pollution has become a primary concern for water managers. Non-point source pollution is generated from land use activities associated with agricultural development, forestry practices, animal grazing, uncontrolled urban runoff from development activities, discharges from marinas and recreational boating activities, and other land uses that contribute pollution to adjacent surface and groundwater sources.
Pollution prevention and management of water quality impairments should incorporate a watershed approach. DWR recommends the following approach to reduce non-point source pollution to existing surface and groundwater sources (DWR, 2013):
• Establish drinking water source and wellhead protection programs to shield drinking water sources and groundwater recharge areas from contamination.
• Identify communities that rely on groundwater contaminated by anthropogenic sources as their drinking water source and take appropriate regulatory or enforcement action against the responsible party. • Address improperly destroyed, abandoned, or sealed wells in these communities that may serve as potential pathways for contaminants to reach groundwater.
Public education can also reduce non-point source pollution to surface and groundwater sources. Protecting water supply sources will help to ensure that long-term sustainability of those supplies (RMC, 2013d).
Salt and Salinity Management
Accumulation of salts in soil can impair crop productivity, making salinity management a critical concern for the Region’s highly productive agricultural industry. Salinity management strategies establish or improve salinity management in the Region based on an understanding of salt loading and transport mechanisms. Several potential benefits of establishing or improving salt and salinity management include protecting water resources and improving water supplies, securing, maintaining, expanding, and recovering usable water supplies, and avoiding future significant costs of treating water supplies and remediating soils.
Salt and salinity management strategies identified by the California Water Plan Update 2013 include (DWR, 2013):
• Develop a regional salinity management plan, and interim and long-term salt storage, salt collection, and salt disposal management projects;
• Monitor to identify salinity sources, quantifying the level of threat, prioritizing necessary mitigation action, and working collaboratively with entities and authorities to take appropriate actions;
• Review existing policies to address salt management needs and ensure consistency with long-term sustainability;
• Collaborate with other interest groups to optimize resources and effectiveness; and • Identify environmentally acceptable and economically feasible methods for closing the loop on salt.
As discussed in Chapter 5, Section 5.4.4 Improve Water Quality, the Region developed a salt and nutrient management plan as part of the Merced IRWM planning process. This plan identifies specific salt and salinity challenges within the Region and strategies to help adapt to climate change by mitigating potential salinity increases associated with climate change (RMC, 2013b; RMC, 2013d). '
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Urban Stormwater Runoff Management
Urban stormwater runoff management, including Low Impact Development (LID), encompasses a broad range of activities to manage both stormwater and dry weather runoff. Stormwater capture and reuse projects can reduce the burden on wastewater treatment plants and potable water supplies, helping a region adjust to climate change impacts on water quality and water supply (CDM, 2011). The Merced Region should investigate and implement LID techniques and opportunities where appropriate and integrate urban runoff management with other RMS (RMC, 2013d).
Improve Flood Management
Increased frequency and severity of storm events will require the Merced Region to collaborate and accelerate flood protection projects in order to adapt to increased flooding risks due to climate change.
Flood management involves emergency planning, general planning activities, and policy changes.
Improving flood management can help a region adapt to not only potential flooding, but many other climate change impacts including ecosystem and water quality vulnerabilities. Performance metrics could include acres of meadows restored or volume of natural flood storage provided (CDM, 2011).
As discussed in Chapter 5, Section 5.4.5 Improve Flood Management, the Merced Region, as part of its IRWM planning process, completed an Integrated Flood Management Study to improve flood management.
This study addresses flooding throughout the Merced Region and helps to identify strategies to implement to contribute to this RMS and help adapt to climate change impacts (RMC, 2013a).
Structural Improvement
Local flood jurisdictions should establish long-term buyback programs to acquire properties immediately adjacent to levees and other structural facilities to facilitate the eventual removal or relocation of these structures and enhance the potential for setback levees and floodplain restoration where feasible. Planning for structural projects should be integrated into a comprehensive integrated flood management program that takes a watershed approach (DWR, 2013; RMC, 2013d).
Disaster Preparedness, Response, and Recovery
The vulnerability assessment previously described in Section 16.4, Regional Water Resource Vulnerability, helps identify the resources that are most susceptible to climate change impacts. Flood control districts and other relevant jurisdictions should analyze potential flood risks and make this information publicly available. The public should be provided with sufficient information about potential flood risks to make informed decisions that safeguard their lives, property, and critical facilities. Flood control districts should also incorporate the potential effects of climate change into planning for future flood events. Until more refined projections are developed, DWR recommends using a 20% higher peak flow reference for planning purposes (DWR, 2013; RMC, 2013d).
Practice Resource Stewardship
Resource stewardship includes overseeing and protecting land, wildlife, and water by way of conservation and preservation, ecosystem restoration and forest management, watershed management, flood attenuation, and water-dependent recreation. Restoring and preserving habitat and wetlands has multiple benefits, including promoting biodiversity and habitat enhancement as well as improved flood management, as the natural storage provided by riparian wetlands can serve as buffers that absorb peak flows and provide slow releases after storm events (DWR, 2008). Because the scope of resource stewardship includes all resources, these strategies can help adapt to climate change impacts in various ways, depending on project-specific details (CDM, 2011).
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Agricultural Lands Stewardship
Counties should adopt agricultural general plan elements and designate supportive agricultural districts that enhance agricultural land stewardship on high priority, productive agricultural lands. The focus of these districts should be for:
• Regulatory assistance through county agricultural ombudsmen; • Local agricultural infrastructure investment, marketing assistance, and the development of agricultural lands stewardship practices and strategies in cooperation with local, State and federal agricultural conservation entities;
• Land protection instruments, such as the Williamson Act and agricultural conservation easements; and
• Engagement of resource organizations such as resource conservation districts, the American Farmland Trust, and Ag Futures Alliances (via Ag Innovations Network), and be integrated with IRWMPs and HCPs where appropriate.
This recommendation should be implemented over the long-term as each county general plan is updated (CDM, 2011; RMC, 2013d).
Ecosystem Restoration
Climate change is predicted to further fragment, stress and shrink California’s ecosystems. Appropriate corrective actions should be designed to expand and reconnect them, preventing or reversing these effects.
As water managers in the region identify adaptation strategies for water and flood management, they should consider strategies that will also benefit ecosystems as follows.
1. Establish large biological reserve areas that connect or reconnect habitat patches.
2. Promote multidisciplinary approaches to water and flood management.
3. Expand financial incentives for farmers to grow and manage habitat.
4. Improve instream flow needs (CDM, 2011).
Improved and enhanced aquatic and riparian habitats can provide significant water resource benefits through promoting groundwater recharge, protecting and improving water quality, and contributing to flood protection (RMC, 2013d).
Forest Management
Although local water agencies that comprise MIRWMA, the Merced Region’s RWMG do not have responsibility to manage the upland forested areas that drain to the Region, protection of those lands is important for ensuring high quality surface runoff supplies. Proper forest management would improve water quality, help reduce wildfires, and improve ecosystem and habitat within the Region.
Additional stream gages and precipitation stations upstream of the Region (as well as within the Region itself) could help establish and confirm climate trends and evaluate hydroclimatic and geologic conditions.
Water quality and sediment monitoring stations would allow quantification of the effects of climate change as well as forest management activities on surface water quality (CDM, 2011; RMC, 2013d).
Land Use Planning and Management
General plans should be updated to reflect increased future flood risks; these should be updated as hydrologic projections change. Land use elements should identify and review flood-prone areas established ' Merced Integrated Regional Water Management Plan
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by FEMA or DWR. Also, revised general plans and regulations should reflect an integrated flood management approach.
Local land use agencies should not allow new critical public facilities, meaning those facilities that are required to maintain public health and safety, to be constructed within the 200-year floodplain. Existing critical facilities located in flood-prone areas should be noted in the Emergency Plans prepared by local agencies, with evacuation routes clearly identified.
Promoting the preservation of existing floodplains, restoration of natural floodplain functions where feasible, and careful analysis of the interface between natural floodplains and flood management structures can help prevent erosion and debris deposition from creating undue hazards to downstream facilities and property (DWR, 2013; RMC, 2013d).
People and Water
Climate change can be a polarizing and confusing topic that is difficult to communicate to many people.
Oftentimes, the public can view climate impacts as global rather than local. Regardless of how these environmental issues are perceived, water management systems are vulnerable to and are being affected by ongoing changes in climate. Therefore, outreach and engagement are vital aspects of society’s process of adapting to these impacts. This RMS is critical to improving communications between different groups of people and public agencies about the importance of climate adaptation and mitigation efforts. Promoting the benefits of improving air quality, public health, and water supply reliability is a significant part of encouraging public acceptance and investment in mitigation activities. In addition, water-dependent recreation will need to evolve as the climate changes. Due to increased temperatures, more people may seek water-dependent recreation for cooling. Meanwhile, increased variability in precipitation patterns will affect the quality of recreational water bodies, and armoring of coastlines due to sea level rise may pose safety risks and affect recreational access to beaches (DWR, 2013; RMC, 2013d).
Other Strategies
Additional conservation and demand reduction measures, such as crop idling, irrigated land retirement, and rainfed agriculture, could be implemented as climate change adaptive management strategies under this RMS (RMC, 2013d).
16.5.2 Applicability of RMS to Climate Change Adaptation In order to further understand the potential synergies between the Region’s RMS and climate change, the 2011 Climate Change Handbook outlines eight areas of climate change adaptation that must be considered to establish overall system resiliency (CDM, 2011). These include:
• Habitat Protection
• Flood Control
• Water Supply Reliability
• Additional Water Supply
• Water Demand Reduction
• Sea Level Rise
• Water Quality Protection
• Hydropower
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The Climate Change Handbook then uses a table to demonstrate the overlap between these areas of climate change adaptation and RMS. This table is replicated and customized for the Region in Table 16-5, representing the overlap between climate change adaptation and individual RMS deemed appropriate for the Region. As more vulnerability tools and assessments are developed related to the impacts that climate change may have on water resources, additional adaptation strategies will be identified to address the potential region-specific impacts of climate change.
Table 16-5: Applicability of RMS to Climate Change Adaptation Resource Management Strategies
Habitat
Protection
Flood Control
Water Supply
Reliability
Additional Water
Supply
Water Demand
Reduction
Water Quality
Protection
Hydropower
Reduce Water Demand
Agricultural Water Use Efficiency
Urban Water Use Efficiency
Improve Operational Efficiency and Transfers
Conveyance-Regional/Local
System Reoperation
Water Transfers
Increase Water Supply
Conjunctive Management and Groundwater Storage
Municipal Recycled Water
Surface Storage - CALFED
Surface Storage-Regional/Local
Improve Water Quality
Drinking Water Treatment and Distribution
Groundwater Remediation/Aquifer Remediation
Matching Water Quality to Use
Pollution Prevention
Salt and Salinity Management
Urban Stormwater Runoff Management
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Resource Management Strategies
Habitat
Protection
Flood Control
Water Supply
Reliability
Additional Water
Supply
Water Demand
Reduction
Water Quality
Protection
Hydropower
Improve Flood Management
Flood Management
Practice Resource Stewardship
Agricultural Lands Stewardship
Ecosystem Restoration
Forest Management
Land Use Planning and Management
Recharge Area Protection
Sediment Management
Watershed Management
People and Water
Economic Incentives
Outreach and Engagement
Water and Culture
Water-Dependent Recreation
Other Strategies
Crop Idling for Water Transfers
Irrigated Land Retirement
Rainfed Agriculture
Source: Adapted from the Climate Change Handbook for Regional Water Planning (CDM, 2011).
16.5.3 “No Regret” Strategies
In addition to RMS, the Region also identified “No Regret” adaptation strategies that address climate change impacts. “No Regret” strategies are practices that make sense for the current water management context and conditions while also providing benefits in the context of future projected conditions caused by climate change. As a result, the Region either is already implementing or planning to implement its “No Regret” strategies.
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Table 16-6 summarizes which RMS deemed appropriate for the Region overlap with “No Regrets” strategies for the Region.
Table 16-6: No Regret Strategies in the Merced Region
Resource Management Strategies No Regrets Strategy
Reduce Water Demand
Agricultural Water Use Efficiency
Urban Water Use Efficiency
Improve Operational Efficiency and Transfers
Conveyance-Regional/Local
System Reoperation
Water Transfers
Increase Water Supply
Conjunctive Management and Groundwater Storage
Recycled Municipal Water
Surface Storage – CALFED
Surface Storage – Regional/Local
Improve Water Quality
Drinking Water Treatment and Distribution
Groundwater Remediation/Aquifer Remediation
Matching Quality to Use
Pollution Prevention
Salt and Salinity Management
Urban Runoff Management
Improve Flood Management
Flood Risk Management
Practice Resource Stewardship
Agricultural Lands Stewardship
Ecosystem Restoration
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Resource Management Strategies No Regrets Strategy
Forest Management
Land Use Planning and Management
Recharge Area Protection
Sediment Management
Watershed Management
People and Water
Economic Incentives
Outreach and Engagement
Water and Culture
Water-Dependent Recreation
Other Strategies
Crop Idling for Water Transfers
Irrigated Land Retirement
Rainfed Agriculture
16.5.4 GHG Reduction Strategies
Table 16-7 (adapted from the California Water Plan Update 2009) identifies GHG reduction opportunities associated with each RMS deemed appropriate for the Region. Many of these RMS reduce energy consumption, especially the energy embedded in water, which ultimately reduces GHG emissions.
Reducing GHG emissions will help the Region contribute to climate change mitigation. Additionally, Merced County recently partnered with The Nature Conservancy on a Land Management and Multi-Benefit Assessment project. This project developed a tool for County land use planning to assess the climate and GHG reduction benefits achieved through a variety of land use, land management and conservation activities. This tool can be used in the future to estimate benefits related to a range of RMS.
Table 16-7: RMS and GHG Reduction Opportunities
Management
Objectives
Resource Management Strategy GHG Reduction Opportunities Reduce Water Demand Agricultural Water Use Efficiency
Urban Water Use Efficiency
Reducing water demands will reduce
groundwater pumping demands, which
result in GHG emissions.
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Management
Objectives
Resource Management Strategy GHG Reduction Opportunities Improve Operational
Efficiency
and Transfers
Conveyance – Regional/local
System Reoperation
Water Transfers
Improving operational efficiencies can
improve the overall efficiency of the
Region’s water systems, thereby
reducing cumulative energy demands
and GHG emissions.
Increase Water Supply Conjunctive Management &
Groundwater
Municipal Recycled Water
Surface Storage - CALFED
Surface Storage – Regional/Local
Localize water use, and efficiently
reuse water to reduce groundwater
pumping requirements and associated
GHG emissions.
Improve Water Quality Drinking Water Treatment and
Distribution
Groundwater Remediation/Aquifer
Remediation
Matching Water Quality to Use
Pollution Prevention
Salt and Salinity Management
Urban Stormwater Runoff
Management
Stabilize water cycles by conserving
water systems to their natural state.
Improve Flood
Management
Flood Management Controlling flooding in a holistic
watershed-based nature will potentially
reduce the need for construction of
intensive flood control systems. This
will reduce energy and associated
GHG emissions that would be required
for construction.
Practice Resources
Stewardship
Agricultural Lands Stewardship
Ecosystem Restoration
Forest Management
Land Use Planning and
Management
Recharge Area Protection
Sediment Management
Watershed Management
Provide opportunities for carbon
sequestration, reforestation, and
reduce climate change impacts by
restoring/maintaining land surfaces.
People and Water Economic Incentives (Loans,
Grants and Water Pricing)
Establishing economic incentives and
educating the public on the impacts of
GHG emissions can encourage
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Management
Objectives
Resource Management Strategy GHG Reduction Opportunities Outreach and Engagement
Water and Culture
Water-Dependent Recreation
reduction in water use and an
associated reduction in energy use.
Other Crop Idling for Water Transfers
Irrigated Land Retirement
Rainfed Agriculture
Reduce energy requirements and
GHG emissions from decreased
groundwater pumping demands.
Source: Adapted from the California Water Plan Update 2009 (DWR, 2009).
16.5.5 Plan for Further Data Gathering
Identifying and implementing appropriate adaptation strategies requires having the data necessary to (1) understand the magnitude of climate change impacts and associated vulnerabilities and (2) plan for strategy implementation in a timely manner. To aid in this understanding, the Merced Region has developed a data gathering and analysis approach to collecting and assimilating data related to the prioritized climate change vulnerabilities.
As an umbrella document, the Merced IRWM Plan is intended to coalesce and build upon available planning information and studies, not supersede them. Currently, significant data collection efforts are underway at the state, national, and international levels by agencies including DWR, CARB, the USEPA, and the IPCC among others. In order to ensure that the Merced Plan is responsive to projected climate change impacts and prioritized vulnerabilities, it will be critical to assimilate the data and information being collected through these avenues into future Plan updates. Further, a variety of project-specific data and information will be collected as part of the project performance and monitoring program. These data could contribute additional information on climate change information on the regional level that could be used to augment information developed at the state and national levels.
In conjunction with future Merced IRWM Plan updates, the available body of climate change information, data, and literature will be evaluated and incorporated into the vulnerability analysis and throughout the Plan, as appropriate. In addition, the data collection tables completed in support of the Plan-level and project-level monitoring will be revised, as appropriate, to include additional climate change parameters.
Further, the data management system (DMS) being developed for the Merced GSP (Opti DMS) may be used to track data that supports analysis of climate change impacts. This DMS could be augmented to allow for the visualization of data held in local databases, such as WISKI, Envision Connect, and Microsoft Excel spreadsheets, and can be expanded and augmented to allow for local control of data, continued use of legacy data systems, and data dissemination and use. Future planning efforts will determine precisely how the Opti DMS may be utilized to support the gathering and analysis of climate change data.
At a minimum the following data collection and analysis actions will be implemented as part of future plan updates to ensure that the plan adequately addresses prioritized climate change vulnerabilities:
• Review statewide available data at the following sites:
o DWR IRWM Climate Change Document Clearinghouse –
http://www.water.ca.gov/climatechange/docs/IRWM-ClimateChangeClearinghouse.pdf Merced Integrated Regional Water Management Plan
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o DWR’s Climate Change Website – https://water.ca.gov/Programs/All-Programs/ClimateChange-Program o Climate Change Handbook – http://slowatershedproject.org/reports/slo-county/US-EPAClimate-Change-Handbook-for-Regional-Water-Planning.pdf o State of California Climate Change Portal – http://www.climatechange.ca.gov o CARB website – http://www.arb.ca.gov/cc/cc.htm
o The California CAT website – http://climatechange.ca.gov/climate_action_team/index.html o CEQA Greenhouse Gas Analysis Guidance for DWR Grantees – http://www.water.ca.gov/climatechange/docs/Guidance%20For%20Grantees- %20Calculating%20GHGs%20for%20CEQA2011.pdf
o Association of Environmental Professionals. 2007. Alternative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents. https://www.counties.org/sites/main/files/fileattachments/aep_global_climate_change_june_29_final1.pdf o California Climate Action Registry. (2009). General Reporting Protocol Version 3.1. https://sfenvironment.org/sites/default/files/fliers/files/ccar_grp_3-1_january2009_sfeweb.pdf o California Climate Adaptation Planning Guide –
http://resources.ca.gov/climate/safeguarding/local-action o Center for Biological Diversity. 2007. The California Environmental Quality Act on the Front Lines of California’s Fight Against Global Warming.
http://www.biologicaldiversity.org/publications/papers/CBD-CEQA-white-paper.pdf • Review national and international data at the following sites:
o U.S. EPA. 2009. Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2007. https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks-1990- 2007
o World Resources Institute and World Business Council for Sustainable Development. N.d. The Greenhouse Gas Protocol for Project Accounting. http://www.wri.org/publication/greenhousegas-protocol-0 • Update plan performance monitoring and project-specific monitoring data collection tables to include climate change parameters as appropriate.
City of Livingston
2020 Urban Water Management Plan
Appendix F – SB X7-7 Compliance Form
APPENDIX F
SB X7-7 COMPLIANCE FORM
SB X7-7 Table 0: Units of Measure Used in 2020 UWMP*
(select one from the drop down list)
Million Gallons
*The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2-3.
NOTES:
NOTES:
SB X7-7 Table 2: Method for 2020 Population Estimate
Method Used to Determine 2020 Population
(may check more than one)
1. Department of Finance (DOF) or
American Community Survey (ACS)
3. DWR Population Tool
4. Other
DWR recommends pre-review
2. Persons-per-Connection Method
0 □
□
□
2020 15,448
SB X7-7 Table 3: 2020 Service Area Population
2020 Compliance Year Population
NOTES:
I
Exported
Water *
Change in
Dist. System
Storage*
(+/-)
Indirect
Recycled
Water
This column will
remain blank
until SB X7-7
Table 4-B is
completed.
Water
Delivered for
Agricultural
Use*
Process Water
This column will
remain blank
until SB X7-7
Table 4-D is
completed.
2,779 - - - - 1,854 926
NOTES:
SB X7-7 Table 4: 2020 Gross Water Use
2020 Volume
Into
Distribution
System
This column will
remain blank until
SB X7-7 Table 4-A
is completed.
2020 Gross Water
Use
2020 Deductions
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
Compliance
Year 2020
Volume Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/-)
Corrected Volume
Entering
Distribution System
2,779 2,779 -
SB X7-7 Table 4-A: 2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.
Name of Source
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
2 Meter
Error Adjustment - See guidance in Methodology 1, Step 3 of Methodologies Document NOTES
This water source is (check one) :
The supplier's own water source
A purchased or imported source
City of Livingston
Compliance Year
2020
0 □
Volume
Discharged
from
Reservoir for
Distribution
System
Delivery1
Percent
Recycled
Water
Recycled
Water
Delivered to
Treatment
Plant
Transmission/
Treatment
Loss1
Recycled
Volume
Entering
Distribution
System from
Surface
Reservoir
Augmentation
Recycled
Water
Pumped by
Utility1,2
Transmission/
Treatment
Losses1
Recycled
Volume
Entering
Distribution
System from
Groundwater
Recharge
- - - -
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3. 2 Suppliers will provide supplemental sheets to document the calculation for their input into "Recycled Water Pumped by Utility". The volume reported in this cell must be less than total groundwater pumped - See Methodology 1, Step 8, section 2.c.
SB X7-7 Table 4-B: 2020 Indirect Recycled Water Use Deduction (For use only by agencies that are deducting indirect recycled water) 2020 Surface Reservoir Augmentation
Total Deductible
Volume of Indirect
Recycled Water Entering
the Distribution System
2020 Groundwater Recharge
2020 Compliance
Year
Criteria 1- Industrial water use is equal to or greater than 12% of gross water use.
Complete SB X7-7 Table 4-C.1
Criteria 2 - Industrial water use is equal to or greater than 15 GPCD.
Complete SB X7-7 Table 4-C.2
Criteria 3 - Non-industrial use is equal to or less than 120 GPCD.
Complete SB X7-7 Table 4-C.3
Criteria 4 - Disadvantaged Community.
Complete SB x7-7 Table 4-C.4
SB X7-7 Table 4-C: 2020 Process Water Deduction Eligibility (For use only by agencies that are deducting process water) Choose Only One NOTES:
Data from this table will not be entered into WUEdata.
Instead, the entire table will be uploaded to WUEdata as a separate upload in Excel format. 0 □
□
□
2020 Gross
Water Use
Without
Process
Water
Deduction
2020 Industrial
Water Use
Percent
Industrial
Water
Eligible
for
Exclusion
Y/N
2,779 1,854 67% YES
Data from this table will not be entered into WUEdata.
Instead, the entire table will be uploaded to WUEdata as a separate upload in Excel format.
NOTES:
SB X7-7 Table 4-C.1: 2020 Process Water Deduction Eligibility (For use only by agencies that are deducting process water using Criteria 1) Criteria 1
Industrial water use is equal to or greater than 12% of gross water use 2020 Compliance Year
2020 Industrial
Water Use
2020 Population
2020
Industrial
GPCD
Eligible for
Exclusion Y/N
1,854 15,448 329 YES
Data from this table will not be entered into WUEdata.
Instead, the entire table will be uploaded to WUEdata as a separate upload in Excel format.
NOTES:
SB X7-7 Table 4-C.2: 2020 Process Water Deduction Eligibility (For use only by agencies that are deducting process water using Criteria 2) Criteria 2
Industrial water use is equal to or greater than 15 GPCD 2020 Compliance
Year
2020 Gross
Water Use
Without
Process Water
Deduction
Fm SB X7-7
Table 4
2020
Industrial
Water Use
2020 Nonindustrial
Water Use
2020
Population
Fm SB X7-7
Table 3
Non-Industrial
GPCD
Eligible for
Exclusion
Y/N
2,779 1,854 925 15,448 164 NO
NOTES:
Data from this table will not be entered into WUEdata.
Instead, the entire table will be uploaded to WUEdata as a separate upload in Excel format.
Criteria 3
Non-industrial use is equal to or less than 120 GPCD
SB X7-7 Table 4-C.3: 2020 Process Water Deduction Eligibility (For use only by agencies that are deducting process water using Criteria 3) 2020 Compliance
Year
Service Area
Median Household
Income
Percentage of
Statewide
Average
Eligible for
Exclusion? Y/N
2020 $75,235 54,886 73% YES
NOTES
California Median
Household Income*
*California median household income 2015 -2019 as reported in US Census Bureau QuickFacts.
Data from this table will not be entered into WUEdata.
Instead, the entire table will be uploaded to WUEdata as a separate upload in Excel format.
SB X7-7 Table 4-C.4: 2020 Process Water Deduction Eligibility (For use only by agencies that are deducting process water using Criteria 4) Criteria 4
Disadvantaged Community. A “Disadvantaged Community” (DAC) is a community with a median household income less than 80 percent of the statewide average.
SELECT ONE
"Disadvantaged Community" status was determined using one of the methods listed below:
If using the IRWM DAC Mapping Tool, include a screen shot from the tool showing that the service area is considered a DAC.
1. IRWM DAC Mapping tool https://gis.water.ca.gov/app/dacs/
2. 2020 Median Income
□
0 I
Industrial
Customer's Total
Water Use *
Total Volume
Provided by
Supplier*
% of Water
Provided by
Supplier
Customer's Total
Process Water
Use*
Volume of Process
Water Eligible for
Exclusion for this
Customer
1,833 1,833 100% 1,833 1,833
Industrial
Customer's Total
Water Use *
Total Volume
Provided by
Supplier*
% of Water
Provided by
Supplier
Customer's Total
Process Water
Use*
Volume of Process
Water Eligible for
Exclusion for this
Customer
21 21 100% 21 21
Compliance Year
2020
Compliance Year
2020
NOTES:
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
NOTES:
SB X7-7 Table 4-D: 2020 Process Water Deduction - Volume Complete a separate table for each industrial customer with a process water exclusion Name of Industrial Customer Emerald Textiles
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
Data from these tables will not be entered into WUEdata. Instead, the entire tables will be uploaded to WUEdata as a separate upload in Excel format.
Name of Industrial Customer Foster Frams
SB X7-7 Table 4-D: 2020 Process Water Deduction - Volume Complete a separate table for each industrial customer with a process water exclusion This table(s) is only for Suppliers that deduct process water from their 2020 gross water use. 2020 Gross Water
Fm SB X7-7 Table 4
2020 Population Fm
SB X7-7 Table 3
2020 GPCD
926 15,448 164
SB X7-7 Table 5: 2020 Gallons Per Capita Per Day
(GPCD)
NOTES:
Extraordinary
Events1
Weather
Normalization1
Economic
Adjustment1
164 - - 164 165 YES
1 All values are reported in GPCD
2 2020 Confirmed Target GPCD is taken from the Supplier's SB X7-7 Verification Form Table SB X7-7, 7-F.
SB X7-7 Table 9: 2020 Compliance
Optional Adjustments to 2020 GPCD
Did Supplier
Achieve
Targeted
Reduction for
2020?
Actual 2020
GPCD1
2020 Confirmed
Target GPCD 1, 2 TOTAL
Adjustments1
Adjusted 2020
GPCD 1
(Adjusted if
applicable)
Enter "0" if Adjustment Not Used
City of Livingston
2020 Urban Water Management Plan
Appendix G – Groundwater Subbasin Bulletin 118
APPENDIX G
GROUNDWATER SUBBASIN BULLETIN 118
San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Last update 2/27/04
San Joaquin Valley Groundwater Basin
Merced Subbasin
• Groundwater Subbasin Number: 5-22.04
• County: Merced
• Surface Area: 491,000 acres (767 square miles)
Basin Boundaries and Hydrology
The San Joaquin Valley is surrounded on the west by the Coast Ranges, on the south by the San Emigdio and Tehachapi Mountains, on the east by the Sierra Nevada and on the north by the Sacramento-San Joaquin Delta and Sacramento Valley. The northern portion of the San Joaquin Valley drains toward the Delta by the San Joaquin River and its tributaries, the Fresno, Merced, Tuolumne, and Stanislaus Rivers. The southern portion of the valley is internally drained by the Kings, Kaweah, Tule, and Kern Rivers that flow into the Tulare drainage basin including the beds of the former Tulare, Buena Vista, and Kern Lakes.
The Merced subbasin includes lands south of the Merced River between the San Joaquin River on the west and the crystalline basement rock of the Sierra Nevada foothills on the east. The subbasin boundary on the south stretches westerly along the Madera-Merced County line (Chowchilla River) and then between the boundary of the Le Grand-Athlone Water District and the Chowchilla Water District. The boundary continues west along the northern boundaries of Chowchilla Water District and El Nido Irrigation District. The southern boundary then follows the western boundary of El Nido I.D. south to the northern boundary of the Sierra Water District, which is followed westerly to the San Joaquin River. Average annual precipitation is 11 to 13 inches, increasing eastward.
Hydrogeologic Information
The San Joaquin Valley represents the southern portion of the Great Central Valley of California. The San Joaquin Valley is a structural trough up to 200 miles long and 70 miles wide. It is filled with up to 32,000 feet of marine and continental sediments deposited during periodic inundation by the Pacific Ocean and by erosion of the surrounding mountains, respectively.
Continental deposits shed from the surrounding mountains form an alluvial wedge that thickens from the valley margins toward the axis of the structural trough. This depositional axis is below to slightly west of the series of rivers, lakes, sloughs, and marshes, which mark the current and historic axis of surface drainage in the San Joaquin Valley.
Water Bearing Formations
Geologic units in the Merced Subbasin consist of consolidated rocks and unconsolidated deposits. The consolidated rocks include the Ione Formation, the Valley Springs Formation, and the Mehrten Formation. In the eastern part of the area, the consolidated rocks generally yield small quantities of water to wells except for the Mehrten Formation, which is an important aquifer.
San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Last update 2/27/04
The unconsolidated deposits were laid down during the Pliocene to present.
From oldest to youngest, these deposits include continental deposits, lacustrine and marsh deposits, older alluvium, younger alluvium, and floodbasin deposits. The continental deposits and older alluvium are the main water-yielding units in the unconsolidated deposits. The lacustrine and marsh deposits (which include the Corcoran, or “E-” Clay), and the floodbasin deposits yield little water to wells, and the younger alluvium in most places probably yields only moderate quantities of water to wells (Page 1973.)
There are three ground water bodies in the area: an unconfined water body, a confined water body, and the water body in consolidated rocks. The unconfined water body occurs in the unconsolidated deposits above and east of the Corcoran Clay, which underlies the western half of the subbasin at depths ranging between about 50 and 200 feet (DWR 1981), except in the western and southern parts of the area where clay lenses occur and semi-confined conditions exist. The confined water body occurs in the unconsolidated deposits below the Corcoran Clay and extends downward to the base of fresh water. The water body in consolidated rocks occurs under both unconfined and confined conditions.
The estimated average specific yield of this subbasin is 9.0 percent (based on DWR, San Joaquin District internal data and that of Davis 1959).
Restrictive Structures
Groundwater flow is primarily to the southwest, following the regional dip of basement rock and sedimentary units. DWR (2000) data show two groundwater depressions south and southeast of the city of Merced during 1999.
Groundwater Level Trends
Changes in groundwater levels are based on annual water level measurements by DWR and cooperators. Water level changes were evaluated by quarter township and computed through a custom DWR computer program using geostatistics (kriging). On average, the subbasin water level has declined nearly 30 feet from 1970 through 2000. The period from 1970 through 1978 showed steep declines totaling about 15 feet. The ten-year period from 1978 to 1988 saw stabilization and a rebound of about 10 feet. 1988 through 1995 again showed steep declines, bottoming out in 1996 with water levels rising from 1996 to 2000. Water level declines have been more severe in the eastern portion of the subbasin Groundwater Storage
Estimations of the total storage capacity of the subbasin and the amount of water in storage as of 1995 were calculated using an estimated specific yield of 9.0 percent and water levels collected by DWR and cooperators.
According to these calculations, the total storage capacity of this subbasin is estimated to be 21,100,000 af to a depth of 300 feet and 47,600,000 af to the base of fresh groundwater. These same calculations give an estimate of 15,700,000 af of groundwater to a depth of 300 feet stored in this subbasin as of 1995 (DWR 1995). According to published literature, the amount of San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Last update 2/27/04
stored groundwater in this subbasin as of 1961 is 37,000,000 af to a depth of < 1000 feet (Williamson 1989).
Groundwater Budget (Type B)
Although a detailed budget was not available for this subbasin, an estimate of groundwater demand was calculated based on the 1990 normalized year and data on land and water use. A subsequent analysis was done by a DWR water budget spreadsheet to estimate overall applied water demands, agricultural groundwater pumpage, urban pumping demand and other extraction data.
Natural recharge into the subbasin is estimated to be 47,000 af. Values for artificial recharge and subsurface inflow are not determined. There is approximately 243,000 af of applied water recharge into the subbasin.
Annual urban and agricultural extractions are 54,000 af and 492,000 af, respectively. Other extractions equal approximately 9,000 af. Subsurface inflow values are not determined.
Groundwater Quality
Characterization. The groundwater in this subbasin is characterized by calcium-magnesium bicarbonate at the basin interior, sodium bicarbonate to the west, and calcium-sodium bicarbonate to the south. Small areas of sodium chloride and calcium-sodium chloride waters exist at the southwest corner of the basin (Page 1973). TDS values range from 100 to 3,600 mg/L, with a typical range of 200 to 400 mg/L. The Department of Health Services, which monitors Title 22 water quality standards, reports TDS values in 46 wells ranging from 150 to 424 mg/L, with an average value of 231 mg/L. For 10 wells, EC values range from 260 to 410 µmhos/cm, with an average value of 291 µmhos/cm.
Impairments. There are localized areas of high hardness, iron, nitrate, and chloride in this subbasin.
Water Quality in Public Supply Wells
Constituent Group1 Number of
wells sampled2 Number of wells with a
concentration above an MCL3
Inorganics – Primary 65 0
Radiological 58 1
Nitrates 64 2
Pesticides 62 8
VOCs and SVOCs 59 1
Inorganics – Secondary 65 8
1 A description of each member in the constituent groups and a generalized discussion of the relevance of these groups are included in California’s Groundwater – Bulletin 118 by DWR (2003). 2
Represents distinct number of wells sampled as required under DHS Title 22 program from 1994 through 2000.
3 Each well reported with a concentration above an MCL was confirmed with a second detection above an MCL. This information is intended as an indicator of the types of activities that cause contamination in a given basin. It represents the water San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Last update 2/27/04
quality at the sample location. It does not indicate the water quality delivered to the consumer. More detailed drinking water quality information can be obtained from the local water purveyor and its annual Consumer Confidence Report.
Well Characteristics
Well yields (gal/min)
Municipal/Irrigation Range: 100 – 4,450 Average: 1,500 – 1,900 Total depths (ft)
Domestic
Municipal/Irrigation Range: 100 - 800
Active Monitoring Data
Agency Parameter Number of wells
/measurement frequency
DWR (incl.
Cooperators)
Groundwater levels 378 Semi-annually
Department of
Health Services
(including
Cooperators)
Title 22 water
quality
142 Varies
Basin Management
Groundwater management: None
Water agencies
Public Merced I.D., Merquin County Water District,
Turner Island Water District,
Le Grand-Athlone W.D., Plainsburg I.D.,
Stevinson W.D.
Private Not Determined
References Cited
California Department of Water Resources (DWR), San Joaquin District. Unpublished Land and Water Use Data.
________. Well completion report files.
________. 1995. Internal computer spreadsheet for 1990 normal computation of net water demand used in preparation of DWR Bulletin 160-93.
________. 1981. Depth to Top of Corcoran Clay. 1:253,440 scale map. ________. 2000. Spring 1999, Lines of Equal Elevation of Water in Wells, Unconfined Aquifer. 1:253,440 scale map sheet.
Davis, GH, Green, JH, Olmstead, SH, and Brown, DW. 1959a. Ground Water Conditions and Storage Capacity in the San Joaquin Valley, California; US Geological Survey Water Supply Paper No. 1469, 287p.
Page, RW, and Balding, GO. 1973. Geology and Quality of Water in the Modesto-Merced Area, San Joaquin Valley, California, with a Brief Section of Hydrology. USGS WaterResources Investigations 6-73, 85p.
San Joaquin River Hydrologic Region California’s Groundwater San Joaquin Valley Groundwater Basin Bulletin 118
Last update 2/27/04
Williamson, Alex K, Prudic, David E, and Swain, Lindsay A. 1989. Groundwater flow in the Central Valley, California. US Geological Survey Professional Paper 1401-D. 127 p.
Additional References
Balding, GO, and Page, RW. 1971. Data for Wells in the Modesto-Merced Area San Joaquin Valley, California. U.S. Geological Survey Open-File Report.
California Department of Water Resources. 1980. Bulletin 118-80. Ground Water Subbasins in California.
________. 1994. Bulletin 160-93. California Water Plan Update, Vol. 1.
Davis, SN and Hall, FR. 1959b. Water Quality of Eastern Stanislaus and North Merced Counties, California; Stanford Univ. Pubs., Geol. Sci., v. 6, no. 1. 112 p.
Errata
Changes made to the basin description will be noted here.
City of Livingston
2020 Urban Water Management Plan
Appendix H – Energy Intensity Tables
APPENDIX H
ENERGY INTENSITY TABLES
Urban Water Supplier:
Water Delivery Product (If delivering more than one type of product use Table O‐1C) Retail Potable Deliveries
Table O‐1B: Recommended Energy Reporting ‐ Total Utility Approach Enter Start Date for Reporting Period 1/1/2020
End Date 12/30/2020
Is upstream embedded in the values
reported?
Sum of All
Water
Management
Processes
Water Volume Units Used MG Total Utility Hydropower 1452331 Volume of Water Entering Process (volume unit) 2779.00 0 2779 Energy Consumed (kWh) 4848012 0 4848012
Energy Intensity (kWh/volume) 1744.5 0.0 1744.5
Quantity of Self‐Generated Renewable Energy
0 kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Metered Data
Data Quality Narrative:
Narrative:
Urban Water Supplier Operational Control
Non‐Consequential Hydropower
Data was provided by the City of Livingston Public Works Department. The 2,779 MG is the total amount of groundwater produced by the City's eight active goundwater wells during 2020. A total of 4,848,012 kWh was used to extract groundwater from the underlining groundwater basin at each of the eight active groundwater wells and pump the water into the distribution system.
In the water system, energy is consumed to pump water from the underlining groundwater basin at each of the eight active groundwater wells and pump the water into the distribution system. The City does not produce any form of renewable engery for the water system and all engery consumped is produced by PG&E.
City of Livingston
City of Livingston
Enter Start Date for Reporting Period 1/1/2020
End Date 12/30/2020
Is upstream embedded in the values reported?
Volume of Water Units Used MG
Volume of Wastewater Entering Process (volume units selected above) 0 457 0 457 Wastewater Energy Consumed (kWh) 1452331 0 1452331
2779 0.0 3178.0 0.0 3178.0
4848012 0 0 00
Recycled Water Energy Consumed (kWh) 0 0 00
Recycled Water Energy Intensity (kWh/volume) 0.0 0.0 0.0 0.0 Quantity of Self‐Generated Renewable Energy related to recycled water and wastewater operations 0 kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Metered Data
DData Quality Narrative:
I Narrative:
City of Livingston
Wastewater management processes consuming energy include pumps, treatment, and discharge. The total wastewater volume is listed under the "Treatment" process. Recycled water energy consumption is not readily available. The City does not produce any form of renewable engery for the wastewater system and all engery consumped is produced by PG&E.
Table O‐2: Recommended Energy Reporting ‐ Wastewater & Recycled Water Urban Water Supplier Operational Control
Water Management Process
Data is provided by the City from wastewater flow meters and electric meters. Energy consumption in the "Treatment" process includes includes conveyance, treament, and discharge.
Collection /
Conveyance Treatment Discharge / Distribution Total
□
City of Livingston
2020 Urban Water Management Plan
Appendix I – Water Conservation Resolutions
APPENDIX I
WATER CONSERVATION RESOLUTIONS
(RESOLUTION NO. 2015-23 & 2016-55)
RESOLUTION NO. 2015-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RESCINDING RESOLUTION 2015-_____ REGARDING MANDATORY WATER USE RESTRICTIONS AND
ADOPTING WATER USE RESTRICTIONS CONTAINED IN THE WATER SHORTAGE CONTINGENCY PLAN CONTAINED IN THE 2015 URBAN WATER MANAGEMENT PLAN.
WHEREAS, On January 17, 2014, Governor Edmund G. Brown Jr. issued Proclamation No. 1-17-2014 declaring a State of Emergency to exist in California due to severe drought conditions and calling on Californians to reduce their water usage by 20 percent; and WHEREAS, On April 25, 2014, the Governor issued an Executive Order to strengthen the state’s ability to manage water and directed the State Water Resources Control Board (SWRCB) under its authority in California Water Code Section 1058.5 to adopt emergency regulations as it deems necessary to address water shortage conditions; and
WHEREAS, On July 15, 2014, the State Water Resources Control Board adopted California Code of Regulations, Title 23, Sections 863, 864, and 865, emergency regulations finding a drought emergency in California and imposing water conservation measures on individuals and water suppliers.
WHEREAS, Section 864 applies to all Californians and prohibits certain activities in promotion of water conservation, many of which are already required by the City of Livingston; and WHEREAS, Section 865 requires mandatory outdoor irrigation restrictions and reporting by water suppliers, including urban water suppliers like the City of Livingston; and WHEREAS, On July 28, 2014, the State Office of Administrative Law approved the SWRCB's proposed regulation and it became law; and
WHEREAS, On April 1, 2015, Governor Edmund G. Brown Jr. issued an Executive Order requiring mandatory water conservation measures to achieve a statewide reduction in potable water use of 25 percent; and
WHEREAS, the City has promoted conservation and on February 21, 2014 adopted Resolution 2014-1 imposing outside watering restrictions; and
WHEREAS, the City has achieved an 18 percent reduction in average per capita water use from 2013 to 2014; and
WHEREAS, the City relies solely on groundwater for its potable water supply; and WHEREAS, groundwater levels have been declining significantly and are impacting the reliability of some of the City’s water supply wells; and
WHEREAS, water conservation can reduce the City’s Maximum Day Demand and increase the reliability of its water supply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves as follows:
1. Upon adoption of the 2015 Urban Water Management Plan, Resolution 2015-_____ is rescinded and replaced with the Water Shortage Contingency Plan in Chapter 8 of said UWMP.
2. The City Council of the City of Livingston hereby maintains the declaration of a local drought emergency and recognizes that needs to adopt mandatory water conservation measures so that the water supply can be conserved for the greater public benefit; and
3. This emergency condition shall be presumed to continue unchanged unless and until a contrary finding is made by the City Council by resolution.
4. The following MANDATORY water conservation measures are hereby adopted, in compliance with the State Water Resources Control Board’s July 15, 2014 emergency drought regulations (collectively, the “Outdoor Water Use Restrictions”):
a. Outdoor irrigation of ornamental landscapes or turf with potable water shall be limited to two days per week in accordance with the following schedule:
i. Addresses ending in an even number shall only water on Tuesdays and Saturdays. ii. Addresses ending in an odd number shall only water on Thursdays, and Sundays. iii. No outdoor irrigation on Mondays, Wednesdays and Fridays. b. No outdoor irrigation of ornamental landscapes or turf with potable water is permitted between the hours of 9am and 8pm, except for drip irrigation, soaker hoses and hand watering;
c. No outdoor irrigation is permitted within 48 hours of a storm event; d. No excessive water flow or runoff onto pavement, sidewalks, gutters or ditched from watering or irrigating landscapes or vegetation of any kind; e. No car washing is allowed on Mondays, Wednesdays and Fridays except for commercial car washes equipped with a recirculating system. Car washing (except commercial car washes) shall be done by using a hand-held bucket or a hand-held hose equipped with a positive self-closing water shut-off nozzle.
f. The application of potable water to driveways and sidewalks is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency; and g. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system. h. Property owners must fix leaks, breaks or malfunctions when they find them, or within 72 hours of receiving a notice from the City;
5. The City Council of the City of Livingston authorizes the City Manager to direct staff to further promote water conservation by:
a. Providing notice of the new regulations in English and Spanish in bill inserts, and City’s webpage.
b. Training staff on the new regulations.
c. Providing information to customers regarding opportunities to save water. d. Conducting water loss audits and make leak detection and repair a top priority for the duration of the drought.
e. Preparing and submitting to the SWRCB the monitoring reports described in California Code of Regulations, Title 23, Section 865(d).
6. Per CCR Title 23, Section 864, the taking of any action prohibited in this resolution, in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs. Consistent with Section 864, violators will be assessed fines, after an initial warning, in accordance to the following schedule:
a. Warning for the first violation
b. $100 for the second violation
c. $200 for the third violation
d. $500 for the fourth violation and any other violation within a 12-month period.
7. Council also authorizes the City Manager to direct staff to monitor compliance and to enforce in the event the desired response is not being achieved.
8. Council’s adoption of the proposed Outdoor Water Use Restrictions is categorically exempt from CEQA under CEQA Guidelines 15307 (Actions by Regulatory Agencies for Protection of Natural Resources).
Passed and adopted this ____day of May, 2015, by the following vote:
AYES:
NOES:
ABSENT:
Rodrigo Espinoza, Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ___ day of May, 2015.
Antonio Silva, City Clerk
of the City of Livingston
RESOLUTION NO. 2016-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING A WATER SHORTAGE CONTINGENCY PLAN AND RESCINDING RESOLUTION 2015-23.
WHEREAS, the Urban Water Management Planning Act ("Act") requires every urban water agency supplying more than 3,000 acre-feet of water annually or serving 3,000 or more connections to prepare and adopt an Urban Water Management Plan (UWMP); and
WHEREAS, the Act requires that the 2015 UWMP include a water shortage contingency plan (WSCP) that describes mandatory water use restrictions to prepare for and respond to water shortages; and WHEREAS, the WSCP is included in the City's 2015 UMWP as Chapter 8; and WHEREAS, on May 5, 2015, the City of Livingston City Council adopted Resolution 2015-23 declaring a local drought emergency and adopting mandatory water conservation measures so that the water supply can be conserved for the greater public benefit; and WHEREAS, the mandatory water use restrictions in Resolution 2015-23 are redundant with those in the WSCP.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby resolves as follows:
1. Resolution 2015-23 is rescinded and replaced with the WSCP contained in Chapter 8 of the 2015 UWMP
Passed and adopted this 4
th day of October, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor Pro-Tern Samra and Council Members Sicairos and Soria None Mayor Espinoza and Council Member Mej a~
Gurpal Samra, Mayor Pro-Tern
·of the City of Livingston
I, hereby certify_ that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 4th day of October, 2016.
Bef!c1ftu,s;;;.rk
of the City of Livingston
City of Livingston
2020 Urban Water Management Plan
Appendix J – Rate Structure
APPENDIX J
RATE STRUCTURE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
ESTABLISHING NEW RATES FOR WATER SERVICE,
EFFECTIVE NOVEMBER 4, 2021
WHEREAS, the City of Livingston (the "City") provides water services to its residents; and WHEREAS, the City charges customers of this utility a charge to fund the on-going operation and maintenance of the water services; and
WHEREAS, Chapter 9-5 entitled "Water Service Regulations" of the Livingston Municipal Code provides for the establishment and operation of a water system and the imposition and collection of certain fees and charges from recipients of water services; and WHEREAS, water services provided by the City include, but are not limited to, collecting, pumping, treating, storing, and distributing water obtained from City wells; and WHEREAS, Section 9-5-27 of the Livingston Municipal Code provides for the setting of water charges, fee, and assessments by resolution or ordinance; and WHEREAS, Chapter 9-5 of the Livingston Municipal Code addresses various aspects of the City water service and requirements governing its use, including applications for service, deposits, meter installation and use, charges, meter readings, billing, discontinuance of service, and unpaid accounts, including provisions in Section 9-5-27, paragraph (D) of the Livingston Municipal Code establishing that all unpaid accounts for water delivered at any premises "shall constitute a lien against the same and shall be subject to collection all as provided by the Revenue Bond Law of 1941;" and WHEREAS, the City of Livingston determined to undertake a rate study to analyze the revenue requirements and the rate structure that should be adopted to proportionately allocate the costs of providing water service to its water customers. The rate study was prepared by Hansford Economic Consulting Inc., and has been on file at Livingston City Hall since the notices to property owners and customers were sent out on April 30, 2021; and
WHEREAS, charges for local agency water service have been held to be "property related fees or charges" subject to the requirements of Article XIIID of the California Constitution, also known as Proposition 218, pursuant to the holding in Bighorn-Desert View Water Agency v. Verjil (2006) 39 C4th 205;and
WHEREAS, Section 6 of Article XIIID of the California Constitution provides that imposing or increasing any property related fee or charge requires identifying the parcels on which the fee or charge will be imposed, and providing notice by mail of the proposed fee or charge to the record owner of each identified parcel indicating the amount of the fee or charge to be imposed on each parcel, the basis on which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, and the date, time and location of a public hearing on the proposed fee or charge; and WHEREAS, Section 53756 of the California Government Code provides that agencies providing water and sewer service may adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water, sewage treatment, or wastewater treatment or inflation adjustments, subject to requirements specified in that section; and Ordinance No. Page 1 of 5
WHEREAS, Section 6 of Article XIIID of the California Constitution further provides that hearings on proposed property-related fees or charges must be conducted at least forty-five ( 45) days after mailed notice to the owners of each identified parcel on which the fee or charge is proposed to be imposed, and that at the hearing, the local agency must consider all protests against the proposed fee or charge, and that if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge; and WHEREAS, the City Council directed that notice of a hearing ("Hearing") thereon be given to the property owners and tenants in the City, with such notice to include, among other matters, the information required to be included pursuant to California Constitution Article XIII D section 6; and WHEREAS, such notice has been mailed to those persons, at least forty-five (45) days before the Hearing; and
WHEREAS, the Revenue Bond Law of 1941, codified in section 54300 and following of the California Government Code, includes provisions that provide for the enforcement and collection of amounts due for utility services, subject to notice requirements that apply when delinquent charges are made a lien on the property that received the services; and WHEREAS, Section 54354.5 of the California Government Code prescribes that adoption of local agency resolutions or ordinances revising charges for utility services subject to the imposition of liens under the Revenue Bond Law and follow the notice and a hearing in accordance with that section, including publication of notice of the time and place ofa hearing on the proposed resolution or ordinance specifying that any interested person, including all persons owning property in the jurisdiction of the local agency, may appear and be heard on any matter relating to the proposed ordinance or the proposed rates or charges; and
WHEREAS, the notice required under Government Code section 54354.5 must be published at least once each week for two (2) weeks prior to the hearing in a newspaper published within the local agency jurisdiction, with the first publication occurring at least fifteen (15) days prior to the hearing; and WHEREAS, such notice has been published once each week for two (2) weeks, in accordance with Government Code section 54354.5, in the Merced Sun-Star on May 30, 2021 and June 6, 2021, as evidenced by Proofs of Publication on file with the City Clerk, prior to the public hearing held for this Ordinance; and
WHEREAS, City staff has worked closely with a Stakeholders' Committee, a Committee formed by the City Council, made up of two (2) Council Members and members of the community, to analyze the City's water service needs and draft rate studies; and
WHEREAS, the City held several workshops to inform the public of the proposed water service rates; and
WHEREAS, the City held workshops regarding the utility rate study in English, Spanish, and Punjabi. The workshops were held in the City Council Chambers as follows: May 25, 2021, June 3, 2021 and June 7, 2021; and
WHEREAS, the Hearing was held June 15, 2021; and
WHEREAS, at the Hearing, the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed rate increases to the Water Service Rates; and
Ordinance No. Page 2 of 5
WHEREAS, upon close of the Hearing, the City did not receive written protests against the establishment and imposition of the proposed rate increases to the Water Service Rates from a majority of the affected property owners and tenants directly liable for the payment of the Water Service Rates; and WHEREAS, the City Council continued the item to the September 2 l, 2021 Council meeting for further discussion; and
WHEREAS, the proposed water service rates are not discriminatory or excessive, are sufficient under Government Code section 54515, comply with the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the water enterprise, comply with the provisions of Title 5, Division 2, Part l, Chapter 6 of the Government Code, and are in compliance with all other applicable law; and
WHEREAS, the revenues derived from the proposed Water Service Rates will not exceed the funds required to provide the water services and shall be used exclusively for the water service system; and
WHEREAS, the amount of the proposed water service rates will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the proposed water service rates will not be imposed on a parcel unless the water services are actually used by, or immediately available to, the owner of the parcel; and WHEREAS, this Ordinance shall supersede all other previous resolutions and/or ordinances that may conflict with, or be contrary to, this Ordinance respecting the Water Service Rates described more particularly herein.
THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The foregoing recitals are true and correct and made a part of this Ordinance.
SECTION 2. WATER SERVICE RATES ADJUSTMENT
The City Council of the City of Livingston does hereby approve the Water Service Rates set forth in the attached Exhibit A. The City Council hereby authorizes and directs the City Manager to implement and take all actions necessary to effectuate the rates for the Service Fees set forth herein effective on November 4, 202 l.
SECTION 3. DELINQUENT CHARGES CONSTITUTE A LIEN
Delinquent charges and penalties when recorded in accordance with the provisions of the Revenue Bond Law shall constitute a lien upon the real property served.
Ordinance No. Page 3 of 5
SECTION 4. CEOA
The City Council hereby finds that the levy of the proposed water service rates as supported by a water rate study prepared by Hansford Economic Consulting Inc. (which is incorporated herein by reference), is exempt from CEQA review under Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273 because the proposed water service rates are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the City's water system, are necessary to maintain service within the City's existing service area, and will not result in expansion of the system.
The City Council further finds that the action entails the creation of a government funding mechanism which is exempt from CEQA as not being a "project" pursuant to CEQA guidelines section 153 78. The City Council authorizes the City Clerk to file a notice of exemption with the County Clerk to that effect.
SECTION 5. GENERAL AUTHORIZATION
The City Manager is hereby authorized and directed, for and in the name of and on behalf of the City, to execute and deliver any and all documents, to do any and all things and take any and all actions that may be necessary or advisable, in their discretion, in order to effect the purposes of this Ordinance. All actions heretofore taken by officers, employees, and agents of the City that are in conformity with the purposes and intent of this resolution are hereby approved, confirmed, and ratified.
SECTION 6. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 7. SUPERSESSION/REPEAL
Ordinance No. 614 adopted June 3, 2014, and any and all other resolutions or ordinances and parts thereof in conflict with the provisions of this Ordinance are superseded and repealed, effective on the effective date of this Ordinance. However, violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Ordinance, under any chapter, ordinance, or pmt of an ordinance, or resolution or part of a resolution, shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.
SECTION 8. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption. The increased Water Service Rates, as attached hereto as Exhibit A, shall become effective on November 4, 2021 .
Introduced: June 15, 2021
Passed and Adopted:
Ordinance No.
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:
State of California)
County of Merced)
City of Livingston)
I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 15th day of June, 2021, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this __ day of __ , 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
379521 L1
Ordinance No.
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
EXHIBIT A
Total calculated rates include the fixed monthly service charges, meter replacement fees, and consumption charges. The calculated water rate schedule is provided in Table 10 below.
Table-10
Calculated New Water Rates Schedule
Charges Current Aug-21 Jul-22 Jul-23 Jul-24 Jul-25
Base Charge
1" and smaller $25,13 $28.64 $29.79 $30.98 $32.22 $33.52
1.5" $50.27 $57.29 $59.58 $61.96 $64.45 $67.04
2" $80.43 $91.66 $95.32 $99.14 $103.11 $107.26
3" $175.94 $200.51 $208.52 $216,86 $225.56 $234.63
4" $301.61 $343.73 $357.46 $371.76 $386.68 $402.23
6" $628.35 $716.10 $744.70 $774.51 $805.58 $837.98
8" $1,206.43 $1,374.92 $1,429.82 $1,487.05 $1,546.n $1,608.91 10" $1,910.18 $2,176.95 $2,263.88 $2,354.50 $2,448.97 $2,547.45 Meter Fee
1" and smaller $3.05 $3.30 $3.39 $3.47 $3.56 $3.65
1.5" $11.11 $7.79 $7.99 $8.18 $8.39 $8.60
2" $12.13 $14.88 $15.25 $15.63 $16.02 $16.42
3" $25.74 $18.56 $19.03 $19.50 $19.99 $20.49
4" $40.61 $43.94 $45.04 $46,17 $47.32 $48.51
6" $56.33 $75.94 $77.83 $79.78 $81.77 $83.82
8" $89.50 $123.82 $126.91 $130,09 $133.34 $136.67
10" $204.51 $159,79 $163.78 $167.88 $172.07 $176.38
Service Charge Monthly Water Allowance
Attached Residential (per Unit) 10,000 gallons
Detached Residential {per Unit) 25,000 gallons
Non-Residential (per Meter) 35,000 gallons
Consumption Charge per 1,000 gallons of water in excess of allowance each month All Customers $1.57 $1.64 $1.72 $1.80 $1.89 $1.98
Construction Water $1.17 $1.88 $1.97 $2.06 $2.15 $2.25
source: City of Livingston and 2021 HEC rate study. schcd * Water rate schedules l.Sx outside City limits.
In compliance with california SB-7, which requires all new multi-family residential development to be individually metered or sub-metered, any newly constructed units will pay the same base rate per unit as all current detached residential units unless the owner of the building(s) sub-meters each unit and performs its own internal water billing of each unit.
City of Livingston Water, Wastewater and Solid Waste Rate Study Page29 City of Livingston
2020 Urban Water Management Plan
Appendix K – Notice of Public Hearing
APPENDIX K
NOTICE OF PUBLIC HEARING (NOT INCLUDED IN DRAFT UWMP)
City of Livingston
2020 Urban Water Management Plan
Appendix L – Publication of Notice of Public Hearing
APPENDIX L
PUBLICATION OF NOTICE OF PUBLIC HEARING (NOT INCLUDED IN
DRAFT UWMP)
City of Livingston
2020 Urban Water Management Plan
Appendix M – 2020 UWMP and WSCP Adoption Resolution
APPENDIX M
2020 UWMP AND WSCP ADOPTION RESOLUTION (NOT INCLUDED IN
DRAFT UWMP)
City of Livingston
2020 Urban Water Management Plan
Appendix N – 2020 UWMP Checklist
APPENDIX N
2020 UWMP CHECKLIST
2020 Guidebook Location Water Code Section Summary as Applies to UWMP Subject 2020 UWMP Location (Optional
Column for Agency Review Use)
Chapter 1 10615 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. Introduction and Overview Chapter 1, pg. 8-12 Chapter 1 10630.5
Each plan shall include a simple description of the supplier’s plan including water availability, future requirements, a strategy for meeting needs, and other pertinent information. Additionally, a supplier may also choose to include a simple description at the beginning of each chapter.
Summary Lay Description, pg. 1-7
Section 2.2 10620(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier. Plan Preparation Section 2.2 Section 2.6 10620(d)(2)
Coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.
Plan Preparation Section 2.5
Section 2.6.2 10642
Provide supporting documentation that the water supplier has encouraged active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan and contingency plan.
Plan Preparation Section 2.5
Section 2.6, Section 6.1 10631(h) Retail suppliers will include documentation that they have provided their wholesale supplier(s) - if any - with water use projections from that source. System Supplies Sections 2.5.1 & 6.4 Section 2.6 10631(h)
Wholesale suppliers will include documentation that they have provided their urban water suppliers with identification and quantification of the existing and planned sources of water available from the wholesale to the urban supplier during various water year types.
System Supplies Not Applicable
Section 3.1 10631(a) Describe the water supplier service area. System Description Chapter 3, pg. 17-22 Section 3.3 10631(a) Describe the climate of the service area of the supplier. System Description Section 3.4 Section 3.4 10631(a) Provide population projections for 2025, 2030, 2035, 2040 and optionally 2045. System Description Section 3.5.1, Table 3-2 Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the supplier’s water management planning. System Description Section 3.5.2
Sections 3.4 and 5.4 10631(a) Indicate the current population of the service area. System Description and Baselines and Targets
Section 3.5.1
Section 3.5 10631(a) Describe the land uses within the service area. System Description Section 3.6 Section 4.2 10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors. System Water Use Section 4.3 Section 4.2.4 10631(d)(3)(C) Retail suppliers shall provide data to show the distribution loss standards were met. System Water Use Section 4.3.3 Section 4.2.6 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans and other policies or laws. System Water Use Section 4.3.6
Section 4.2.6 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water use projections. System Water Use Section 4.3.6
Section 4.3.2.4 10631(d)(3)(A) Report the distribution system water loss for each of the 5 years preceding the plan update. System Water Use Section 4.3.3 Section 4.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of the supplier. System Water Use Section 4.4
Section 4.5 10635(b) Demands under climate change considerations must be included as part of the drought risk assessment. System Water Use Section 4.5
Chapter 5 10608.20(e)
Retail suppliers shall provide baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data.
Baselines and Targets Section 5.6
Chapter 5 10608.24(a) Retail suppliers shall meet their water use target by December 31, 2020. Baselines and Targets Section 5.7 Section 5.1 10608.36
Wholesale suppliers shall include an assessment of present and proposed future measures, programs, and policies to help their retail water suppliers achieve targeted water use reductions.
Baselines and Targets Not Applicable
Section 5.2 10608.24(d)(2)
If the retail supplier adjusts its compliance GPCD using weather normalization, economic adjustment, or extraordinary events, it shall provide the basis for, and data supporting the adjustment.
Baselines and Targets Section 5.7.1
Section 5.5 10608.22
Retail suppliers’ per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use of the 5 year baseline. This does not apply if the suppliers base GPCD is at or below 100.
Baselines and Targets Section 5.7
Section 5.5 and Appendix E 10608.4 Retail suppliers shall report on their compliance in meeting their water use targets. The data shall be reported using a standardized form in the SBX7-7 2020 Compliance Form. Baselines and Targets Section 5.7.2 Sections 6.1 and 6.2 10631(b)(1) Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought. System Supplies Sections 6.2, 6.4 & 7.2 2020 Guidebook Location Water Code Section Summary as Applies to UWMP Subject 2020 UWMP Location (Optional
Column for Agency Review Use)
Sections 6.1 10631(b)(1)
Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought, including changes in supply due to climate change.
System Supplies Section 6.11
Section 6.1 10631(b)(2) When multiple sources of water supply are identified, describe the management of each supply in relationship to other identified supplies. System Supplies Not Applicable Section 6.1.1 10631(b)(3) Describe measures taken to acquire and develop planned sources of water. System Supplies Section 6.9 Section 6.2.8 10631(b) Identify and quantify the existing and planned sources of water available for 2020, 2025, 2030, 2035, 2040 and optionally 2045. System Supplies Section 6.10 Section 6.2 10631(b) Indicate whether groundwater is an existing or planned source of water available to the supplier. System Supplies Section 6.3
Section 6.2.2 10631(b)(4)(A)
Indicate whether a groundwater sustainability plan or groundwater management plan has been adopted by the water supplier or if there is any other specific authorization for groundwater management. Include a copy of the plan or authorization.
System Supplies Section 6.3.3
Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System Supplies Section 6.3.1 Section 6.2.2 10631(b)(4)(B) Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount of water the supplier has the legal right to pump. System Supplies Section 6.3.4 Section 6.2.2.1 10631(b)(4)(B)
For unadjudicated basins, indicate whether or not the department has identified the basin as a high or medium priority. Describe efforts by the supplier to coordinate with sustainability or groundwater agencies to achieve sustainable groundwater conditions.
System Supplies Section 6.3.1 & 6.3.4
Section 6.2.2.4 10631(b)(4)(C) Provide a detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years System Supplies Section 6.3.5 Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped. System Supplies Section 6.3.5
Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long- term basis. System Supplies Section 6.2
Section 6.2.5 10633(b) Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project.
System Supplies (Recycled
Water)
Section 6.6
Section 6.2.5 10633(c) Describe the recycled water currently being used in the supplier's service area. System Supplies (Recycled Water)
Section 6.6
Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic feasibility of those uses.
System Supplies (Recycled
Water)
Section 6.6.4
Section 6.2.5 10633(e)
Describe the projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected.
System Supplies (Recycled
Water)
Section 6.6.4
Section 6.2.5 10633(f) Describe the actions which may be taken to encourage the use of recycled water and the projected results of these actions in terms of acre-feet of recycled water used per year.
System Supplies (Recycled
Water)
Section 6.6.5
Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the supplier's service area. System Supplies (Recycled Water)
Section 6.6
Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supply. System Supplies Section 6.7 Section 6.2.5 10633(a) Describe the wastewater collection and treatment systems in the supplier’s service area with quantified amount of collection and treatment and the disposal methods.
System Supplies (Recycled
Water)
Section 6.6
Section 6.2.8, Section 6.3.7 10631(f)
Describe the expected future water supply projects and programs that may be undertaken by the water supplier to address water supply reliability in average, single-dry, and for a period of drought lasting 5 consecutive water years.
System Supplies Section 6.9
Section 6.4 and Appendix O 10631.2(a) The UWMP must include energy information, as stated in the code, that a supplier can readily obtain.
System Suppliers, Energy
Intensity
Section 6.12
Section 7.2 10634 Provide information on the quality of existing sources of water available to the supplier and the manner in which water quality affects water management strategies and supply reliability Water Supply Reliability
Assessment
Section 7.2
Section 7.2.4 10620(f) Describe water management tools and options to maximize resources and minimize the need to import water from other regions.
Water Supply Reliability
Assessment
Section 7.2.4
Section 7.3 10635(a)
Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five consecutive water years by comparing the total water supply sources available to the water supplier with the total projected water use over the next 20 years.
Water Supply Reliability
Assessment
Section 7.2
Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the demand management measures and water supply projects.
Water Supply Reliability
Assessment
Section 7.3
2020 Guidebook Location Water Code Section Summary as Applies to UWMP Subject 2020 UWMP Location (Optional
Column for Agency Review Use)
Section 7.3 10635(b)(1)
Include a description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts 5 consecutive years.
Water Supply Reliability
Assessment
Section 7.3
Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water shortage conditions.
Water Supply Reliability
Assessment
Section 7.3
Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period.
Water Supply Reliability
Assessment
Section 7.3
Section 7.3 10635(b)(4)
Include considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.
Water Supply Reliability
Assessment
Section 7.3
Chapter 8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below. Water Shortage Contingency Planning
Chapter 7 pg. 56-65
Chapter 8 10632(a)(1) Provide the analysis of water supply reliability (from Chapter 7 of Guidebook) in the WSCP Water Shortage Contingency Planning
Section 8.2
Section 8.10 10632(a)(10)
Describe reevaluation and improvement procedures for monitoring and evaluation the water shortage contingency plan to ensure risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented.
Water Shortage Contingency
Planning
Section 8.10
Section 8.2 10632(a)(2)(A) Provide the written decision-making process and other methods that the supplier will use each year to determine its water reliability.
Water Shortage Contingency
Planning
Section 8.3
Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the supplier’s water reliability for the current year and one dry year pursuant to factors in the code.
Water Shortage Contingency
Planning
Section 8.3
Section 8.3 10632(a)(3)(A)
Define six standard water shortage levels of 10, 20, 30, 40, 50 percent shortage and greater than 50 percent shortage. These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of supply.
Water Shortage Contingency
Planning
Section 8.4
Section 8.3 10632(a)(3)(B) Suppliers with an existing water shortage contingency plan that uses different water shortage levels must cross reference their categories with the six standard categories.
Water Shortage Contingency
Planning
Section 8.4, Table 8-1
Section 8.4 10632(a)(4)(A) Suppliers with water shortage contingency plans that align with the defined shortage levels must specify locally appropriate supply augmentation actions.
Water Shortage Contingency
Planning
Section 8.4, Table 8-1
Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages. Water Shortage Contingency Planning
Section 8.5
Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes. Water Shortage Contingency Planning
Section 8.5
Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions are appropriate to local conditions.
Water Shortage Contingency
Planning
Section 8.5
Section 8.4 10632(a)(4)(E) Estimate the extent to which the gap between supplies and demand will be reduced by implementation of the action.
Water Shortage Contingency
Planning
Section 8.5
Section 8.4.6 10632.5 The plan shall include a seismic risk assessment and mitigation plan. Water Shortage Contingency Plan
Section 8.5.6
Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water shortages.
Water Shortage Contingency
Planning
Section 8.6
Section 8.5 and 8.6 10632(a)(5)(B)
10632(a)(5)(C)
Suppliers must describe that they will inform customers, the public and others regarding any shortage response actions triggered or anticipated to be triggered and other relevant communications.
Water Shortage Contingency
Planning
Section 8.6
Section 8.6 10632(a)(6) Retail supplier must describe how it will ensure compliance with and enforce provisions of the WSCP.
Water Shortage Contingency
Planning
Section 8.7
Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the supplier to enforce shortage response actions. Water Shortage Contingency Planning
Section 8.8
Section 8.7 10632(a)(7)(B) Provide a statement that the supplier will declare a water shortage emergency Water Code Chapter 3.
Water Shortage Contingency
Planning
Section 8.8
Section 8.7 10632(a)(7)(C) Provide a statement that the supplier will coordinate with any city or county within which it provides water for the possible proclamation of a local emergency.
Water Shortage Contingency
Planning
Section 8.8
Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated shortage response actions.
Water Shortage Contingency
Planning
Section 8.9
2020 Guidebook Location Water Code Section Summary as Applies to UWMP Subject 2020 UWMP Location (Optional
Column for Agency Review Use)
Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions.
Water Shortage Contingency
Planning
Section 8.9
Section 8.8 10632(a)(8)(C) Retail suppliers must describe the cost of compliance with Water Code Chapter 3.3: Excessive Residential Water Use During Drought
Water Shortage Contingency
Planning
Section 8.9
Section 8.9 10632(a)(9)
Retail suppliers must describe the monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance.
Water Shortage Contingency
Planning
Section 8.10
Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas.
Water Shortage Contingency
Planning
Section 8.12
Sections 8.12 and 10.4 10635(c)
Provide supporting documentation that Water Shortage Contingency Plan has been, or will be, provided to any city or county within which it provides water, no later than 30 days after the submission of the plan to DWR.
Plan Adoption, Submittal, and
Implementation
Section 10.4
Section 8.12 10632(c) Make available the Water Shortage Contingency Plan to customers and any city or county where it provides water within 30 after adopted the plan.
Water Shortage Contingency
Planning
Section 10.4
Sections 9.1 and 9.3 10631(e)(2) Wholesale suppliers shall describe specific demand management measures listed in code, their distribution system asset management program, and supplier assistance program. Demand Management Measures Section 9.2 Sections 9.2 and 9.3 10631(e)(1)
Retail suppliers shall provide a description of the nature and extent of each demand management measure implemented over the past five years. The description will address specific measures listed in code.
Demand Management Measures Section 9.3
Chapter 10 10608.26(a) Retail suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use targets (recommended to discuss compliance).
Plan Adoption, Submittal, and
Implementation
Chapter 10 pg. 94-98
Section 10.2.1 10621(b)
Notify, at least 60 days prior to the public hearing, any city or county within which the supplier provides water that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. Reported in Table 10-1.
Plan Adoption, Submittal, and
Implementation
Section 10.2.1
Section 10.4 10621(f) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021.
Plan Adoption, Submittal, and
Implementation
Section 10.4
Sections 10.2.2, 10.3, and 10.5 10642
Provide supporting documentation that the urban water supplier made the plan and contingency plan available for public inspection, published notice of the public hearing, and held a public hearing about the plan and contingency plan.
Plan Adoption, Submittal, and
Implementation
Sections 10.2 - 10.4, Appendices K
& L
Section 10.2.2 10642 The water supplier is to provide the time and place of the hearing to any city or county within which the supplier provides water.
Plan Adoption, Submittal, and
Implementation
Section 10.2.1
Section 10.3.2 10642 Provide supporting documentation that the plan and contingency plan has been adopted as prepared or modified.
Plan Adoption, Submittal, and
Implementation
Appendix M
Section 10.4 10644(a) Provide supporting documentation that the urban water supplier has submitted this UWMP to the California State Library.
Plan Adoption, Submittal, and
Implementation
Section 10.4
Section 10.4 10644(a)(1) Provide supporting documentation that the urban water supplier has submitted this UWMP to any city or county within which the supplier provides water no later than 30 days after adoption.
Plan Adoption, Submittal, and
Implementation
Section 10.4
Sections 10.4.1 and 10.4.2 10644(a)(2) The plan, or amendments to the plan, submitted to the department shall be submitted electronically.
Plan Adoption, Submittal, and
Implementation
Section 10.4
Section 10.5 10645(a)
Provide supporting documentation that, not later than 30 days after filing a copy of its plan with the department, the supplier has or will make the plan available for public review during normal business hours.
Plan Adoption, Submittal, and
Implementation
Section 10.5
Section 10.5 10645(b)
Provide supporting documentation that, not later than 30 days after filing a copy of its water shortage contingency plan with the department, the supplier has or will make the plan available for public review during normal business hours.
Plan Adoption, Submittal, and
Implementation
Section 10.5
Section 10.6 10621(c) If supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate case filings.
Plan Adoption, Submittal, and
Implementation
Section 10.6
Section 10.7.2 10644(b) If revised, submit a copy of the water shortage contingency plan to DWR within 30 days of adoption.
Plan Adoption, Submittal, and
Implementation
Section 10.7.2
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT
ALPR Subscription - Flock Safety
April 19, 2022
Chuck Hale, Interim Police Chief
RECOMMENDATION:
Authorize the City of Livingston, City Manager to enter into a contract with Flock Safety for the subscription and placement of 8 Automated License Plate Readers (ALPR) within the City of Livingston.
BACKGROUND AND DISCUSSION:
The Livingston Police Department wishes to use technology, information, and intelligence gained from the use of automated license plate readers to combat criminal activity, enhance productivity, and improve officer safety. The automated license plate readers also provide traffic mitigation measures that could potentially have a drastic impact on current traffic issues within the City of Livingston.
The ALPR cameras are installed in fixed locations throughout the city and capture license plates from passing vehicles. Once the license plate is processed by the ALPR camera and sent to the cloud, Livingston Police Officers using the Flock Safety account (or the Department's Dispatch Center) is notified within seconds whenever a license plate is read that is associated with the following criteria: stolen vehicle, identification of vehicles connected to wanted felons, Amber Alerts, or any other search criteria determined by the Department. The system retains the captured license plates and photographs of every vehicle it "sees." This allows investigators to review captured vehicle information to possibly locate vehicles that may have been associated with criminal activity in certain areas of the City. Once potential vehicles are identified as being involved in a crime, investigators can input a license plate, which would prompt the system to alert officers with a digital photo of the vehicle and pinpoint mapping of its current or previous location.
The cloud-based database is also searchable for certain descriptors if a full license plate is not known. The searchable descriptors include but, are not limited to vehicle make and model, such as "semi-truck", color, and certain unique characteristics a vehicle may have.
ALPR technology is nothing new to the City of Livingston and the Livingston Police Department.
One of the Police Department's two radar trailers are equipped with a much older out of date type ALPR system. The department already has a policy in place for the use of data and information gleaned from ALPR cameras.
Flock Safety is the only manufacture that has ALPR cameras that are capable of communicating with our current digital evidence system, Axon - Evidence.com. There is a sole source letter attached to this staff report.
FISCAL IMPACT:
Flock only leases ALPR equipment and their pricing for Year is $20,000. There is a one-time installation fee of $350 per camera. Flock's all-inclusive price per camera includes the hardware, software, SIM card and data plan, warranty, maintenance, monitoring, installation, and software upgrades. The total cost for the first year of service is $22,800 and $20,000 in subsequent years on a year-to-year basis. If a decision was made to add more cameras in the future, the City would take on the additional subscription fee for each camera at the going rate at the time of purchase.
Because the Flock Safety ALPR system is all inclusive there is no maintenance cost. The Flock ALPR cameras are solar powered therefore there is not wiring or power issues. There would be no impact to public works or any current police department staff.
ATTACHMENTS:
1 . Resolution
2. Sole Source Documents
3. Flock Safety Quote
2 1
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
TO ALLOW THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH FLOCK SAFETY GROUP INC FOR THE IMPLEMENTATION OF
AUTOMATED LICENSE PLATE READERS
WHEREAS, the City of Livingston is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Livingston is required to provide public safety and police services to the community; and
WHEREAS, the Livingston Police Department would like to lease eight (8) Automated License Plate Reader Cameras from Flock Safety Group Inc not-to-exceed amount of $25,300 for the first year to increase public safety efforts within the City and enhance investigative ability; and
WHEREAS, the Livingston Police Department has been using Automated License Plate Readers which are now outdated and unserviceable. The Livingston Police Department also has a current policy in place for the use of Automated License Plate readers and the information that they collect.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, hereby approves such agreement with Flock Safety Group Inc and approves the use of such equipment within the City of Livingston.
Passed and adopted this 19th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Juan Aguilar, Jr., Mayor
of the City of Livingston
ATTEST:
I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 19th day of April, 2022.
__________________________
Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
November 30, 2021
To: Irving Police Department
Re: Sole source letter for Axon Evidence digital evidence management services and Flock automated license plate recognition technology A sole source justification exists because Axon Enterprise, Inc. ("Axon") is the only digital evidence management system with the express right to integrate Flock's automated license plate recognition technology with Axon Evidence services.
Axon's relevant SKUs for this justification include the following:
1. 7 4300 Flock Safety ALPR Camera System
2. 74302 Flock Safety ALPR Camera System Installation
Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.
Flock is a trademark of Flock Group, Inc., dba Flock Safety.
The Axon+ Delta Logo Axon, and Axon Enterprise are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information visit www.axon.com/legal, Alt rights reserved.© 2021 Axon Enterprise, Inc.
fi'ock safety
Sole Source Letter for Flock Safety ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.
The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:
1. Patented Vehicle Fingerprint Technology:
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, vehicle color, vehicle type, vehicle make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to 'Save Search' based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
o Only LPR provider with "Visual Search" which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
2. Integrated Cloud-Software & Hardware Platform:
o Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 51bs and able to be powered solely by a solar panel of 60W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion capture to start and stop recording without the need for a reflective plate
o Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o Cloud storage of footage
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
fi'ock safety
o Covert industrial design for minimizing visual pollution
3. Transparency & Ethical Product Design:
o One-of-a-kind "Transparency Portal" public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
o Built-in integration with NCMEC to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to "opt-out" of being captured
4. Integrated Audio & Gunshot Detection:
o Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)
5. Partnerships:
o Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
o Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon's Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety's Falcon cameras
o Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
6. Warranty & Service:
o Lifetime maintenance and support included in subscription price o Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
1170 Howell Mill Rd. NW· Suite 210, Atlanta, GA 30318
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Fonn together with the Terms (as defined herein) describe the relationship between Flock Group lnc. ("Flock") and the customer identified below ("Agency") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY AGREEMENT" attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date").
Agency: CA - Livingston PD
Legal Entity Name:
Address:
1446 C St
Livingston, California 95334
Expected Payment Method:
Initial Term: 24 months
Renewal Term: 24 months
Contact Name: Chuck Hale
Phone: (209) 600-2540
E-Mail: [email protected]
Billing Contact:
{if different than above)
Billing Term: Annual payment due Net 30 per terms
and conditions
Name Price
Flock Safety Advanced Search <25 Falcons $2,500.00
Professional Services - Falcon, Standard $350.00
Implementation
Falcon Camera $2,500.00
(Includes one-time fees)
QTY Subtotal
1.00 $2,500.00
8.00 $2,800.00
8.00 $20,000.00
Year I Total $25,300.00
Recurring Total: $22,500.00
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Agency: CA - Livingston PD
By: By:
Name: Name:
Title: Title:
Date: Date:
fi'ock safety
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 11 70 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or government agency identified in the signature block of the order form(" Agency") (each a "Party," and together, the "Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non-Agency End User ("Notifications");
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service 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 by police departments, and archiving for evidence gathering ("Purpose").
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.
I. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
1.1 "Agency Data" will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.
1.2. "Agency Hardware" shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Agency Hardware" excludes the Embedded Software
1.3 "Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed fonnat, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
1.5 "Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.
1.6 "Flock IP'' will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services.
1.8 "Hardwanf' or "Flock Hardwartf' shall mean the Flock cameras or device, 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. The term "Hardware" excludes the Embedded Software.
1.9 "Implementation Fee{s)" means the monetary fees associated with the Installation Services, as defined in Section 1.10 below.
1.10 "/11stallatfon Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware.
1.11 "Non-Agency End User(s)" shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
1.12 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software application for automatic license plate detection, searching image records, and sharing Footage.
1.13 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below.
1.14 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software.
1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services.
1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency's designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, 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 Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency's sole and exclusive remedy and flock's sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Service Term to Agency 's in connection with its use of the Services as contemplated herein, and under Section 2.4 below.
2.4 Usage Restrictions.
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (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, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (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 any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency'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 Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.
Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result ofa Service Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency 's account that have been impacted.
2.7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a "Designated location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, ifnecessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan ("Reinstalls") will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware.
2.7 .2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency iflstallation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension ofFlock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware.
2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware.
Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.
2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove 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 Agency's default and Flock shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain 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 in the area affected until such materials are removed or rendered harmless.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services").
Subj ect to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services ("On-Site Services") in-person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support.
2. 10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency's consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
2. 10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its Agency s, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law.
3. RESTRICTIONS AND RESPONSIBILITIES
3. 1 Agency Obligations. Flock will assist Agency end-users in the creation ofa User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person.
Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the 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 video, photo, or audio content. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, 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 Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units ("Agency Data"). 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 will a party apply less than reasonable precautions to protect such Proprietary Infonnation, 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. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency 's neighborhood, or to analyze the data collected to identify motion or other events. 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 ofany 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. For clarity, 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: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or ( d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or pennitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data .. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency.
Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the "Aggregated Data"). Agency hereby grants Flock a nonexclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data.
5. PAYMENT OF FEES
5. la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card.
5.lb Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty~five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver ofany claim Agency may have had as a result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income.
6. TERM AND TERMINATION
6.1 a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "I11itial Term"). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless othenvise 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", and together with the Initial Term, the "Service 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.
6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "/11itial Term"). The Term shall commence upon first installation and validation ofa Unit. Following the Initial Term, unless othe1wise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms/or the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service 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.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of$500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period oftime upon termination.
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service 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. Either party may terminate this Agreement, without notice, (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 party1s dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to 'hotIist' alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. ("No-Fee Term"). In the event a NonAgency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may terminate any NoFee Term or access to future No-Fee Tenns upon thirty (30) days' notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Agency must notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner.
7.3 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. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. 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.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE 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 OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE JS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
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 ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DA TA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY 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. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IFNO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STA TE OF GEORGIA.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions ofits own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers.
8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency's consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.
10. MISCELLANEOUS
10.1 Severability. lfany 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 and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's prior' written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s}, the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s}, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, 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 Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.
10.4 Relationship. No agency, partnership.joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website.
10.7 Export. Agency 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 agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section 252.2277014(a)(l) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, perfonnance, 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.
10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.
10.09 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 organizations and individuals they are representing.
I 0.10 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 facsimile oremail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
f i' o c k s a f e t y
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and the customer identified below ("Customer") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY CUSTOMER AGREEMENT' attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the" Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date").
Customer: CA - Livingston PD
Address: 1446 C St
Livingston, California 95334
Expected Payment Method:
Initial Term: 24.00
Renewal Term: 24 Months
Falcon Flex
Name
Flock Safety Advanced Search <25 Falcons
Professional Services - Falcon, Standard
Implementation
Falcon Camera
(Includes one-time fees)
Flock Group Inc.
This proposal expires in 30 days.
Contact Name: Chuck Hale
Phone: (209) 600-2540
E-Mail:
[email protected]
Billing Contact:
(ifdifTerent than above)
Pilot period: First 45 days of Initial Term; option to cancel contract at no cost. Initial Term invoice due after Pilot period.
Billing Term: Annual payment due Net 30 per terms and
conditions
Price
$3,000.00
$2,500.00
$350.00
$2,500.00
QTY Subtotal
2.00 $6,000.00
1.00 $2,500.00
16.00 $5,600.00
16.00 $40,000.00
Year 1 Total: $54, I 00.00
Recurring Total: $48,500.00
Order Form
fi'ock safety
By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
Flock Group Inc Customer:
By: By:
Name: Name:
Title: Title:
Date: Date:
Flock Group Inc. Order Form
This proposal expires in 30 days.
fi'ock safety
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 303 18 ("Flock") and the police department or government agency identified in the signature block of the order form (" Agency") ( each a "Party," and together, the "Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non-Agency End User ("Notifications"); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency. or Flock provided Hardware (as defined below) in order to create. view. search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service 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 by police departments, and archiving for evidence gathering ("Purpose").
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as fo llows and further agree to incorporate the Recitals into this Agreement.
I. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section I .
1.1 "Agency Data" will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.
1.2. "Agency Hardware" shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Agency Hardware" excludes the Embedded Software
1.3 "Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.
1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
1.5 "Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.
1.6 "Flock IP' will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services.
1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras or device, 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. The term "Hardware" excludes the Embedded Software.
1.9 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in Section I. IO below.
I. IO "Installation Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware.
I .I I "Non-Agency End User{s)" shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
1.I2 "Servicei' or "Flock Services" means the provision, via the Web Interface, of Flock's software application for automatic license plate detection, searching image records, and sharing Footage.
1.13 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below.
1.14 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software.
1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services.
1.16 "Web Inte,face" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency 's designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username ("User JD"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, 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 Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency's sole and exclusive remedy and flock's sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Service Term to Agency's in connection with its use of the Services as contemplated herein, and under Section 2.4 below.
2.4 Usage Restrictions.
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock JP; (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, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Plock; (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 any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-insta1I, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.
Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency'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 Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose ( each such suspension, in accordance with this Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.
Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result ofa Service Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency 's account that have been impacted.
2. 7 Installation Services.
2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor perfonnance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (" Reinstalls") will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware.
2. 7 .2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary.
Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period ofFlock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware.
2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.
2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove 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 Agency's default and Flock shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain 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 sha ll have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services ("OnSite Services") in-person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support.
2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency's consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platfonn that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its Agency s, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Flock will assist Agency end-users in the creation ofa User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person.
Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the 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 video, photo, or audio content. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4. CONFIDENTIALITY; AGENCY DATA
4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the "Receiving Party") understands that the other Party (the "Disclosi11g Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary I11formatio11" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units ("Agency Data"). 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 will a party apply less than reasonable precautions to protect such Proprietary Information, 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. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency 's neighborhood, or to analyze the data collected to identify motion or other events. 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. For clarity, 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: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; ( c) detect, prevent or otherwise address security, fraud or technical issues; or ( d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.
4.2 Agency Data .. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency.
Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the "Aggregated Data"). Agency hereby grants Flock a nonexclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data.
5. PAYMENT OF F~;ES
5. la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card.
5.lb Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt ofinitial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30'" day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30'" day following receipt of invoice.
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income.
6. TlmM AND TERMINATION
6.la Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon execution of this Agreement. Following the Initial 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", and together with the Initial Term, the "Service 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.
6.lb Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon first installation and validation ofa Unit. Following the Initial Term, unless othenvise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms/or the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service 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.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination.
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b ), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service 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. Either party may terminate this Agreement, without notice, (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. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to 'hotlist' alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. ("No-Fee Term"). In the event a NonAgency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Tenn will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may terminate any NoFee Term or access to future No-Fee Terms upon thirty (30) days' notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Agency must notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner.
7.3 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. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. 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.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE 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 OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION I 0.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6,BYTHE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request.
7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User.
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
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 ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELA TE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT INTHE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GA VE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 91 I AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, ORIFNO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED$ 100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers.
8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency's consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.
10. MISCELLANEOUS
I 0.1 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 and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, 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 Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.
10.4 Relationship. No agency, partnership,joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website.
10.7 Export. Agency 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 agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section 252.2277014(a)(l) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DF AR 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.
10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.
10.09 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 organizations and individuals they are representing.
10.10 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 facsimile oremail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. f i' o c k s a f e t y
EXHIBIT A
Statement of Work
Installation of Flock Camera on existing pole or Flock-supplied pole if required Flock Group Inc.
This proposal expires in 30 days.
Order Form