Agenda packet — Madera City Council, May 7, 2025 (part 2 of 3)

$49,920
$45,920
$24,080
$119,920

FEE SCHEDULE B, OPTIONAL EXTENDED YEARS
Service
Year 4

 Review all fees and provide written recommendations
regarding any proposed changes.
 Update citywide cost allocation plan
Year 5

 Review all fees and provide written recommendations
regarding any proposed changes.
 Update citywide cost allocation plan
Fee Schedule B, Optional Extended Year 4 Total
Fee Schedule B, Optional Extended Year 5 Total

RFP 202425-21 Comprehensive Fee Study and Cost Allocation Plan Services Attachment B, Fee Schedules A through C & Proposal Authorization Form

Page 2 of 4 ends

$25,312
$24,648
$145,232
$169,880

FEE SCHEDULE C, PROFESSIONAL STAFF
Title Hourly Rate

PROPOSAL AUTHORIZATION FORM
RFP 202425-21 Comprehensive Fee Study and Cost Allocation Plan Services Attachment B, Fee Schedules A through C & Proposal Authorization Form

Page 3 of 4 ends

Project Manager $195 through Contract Year 1
Principal Consultant $195 through Contract Year 1
Senior Consultant $195 through Contract Year 1
(See Cost Proposal for Maximum Projected Rates through Contract Year 5) Pricing provided shall include any and all labor; materials, supplies, and equipment; supervision; travel and expenses; licensing and insurance, to provide the services described in this RFP solicitation.

Proposals shall be valid for a minimum of 180 days following submission.

Date
Company Name
Taxpayer ID Number
Street Address
City / State / ZIP
Phone Number
Person Preparing Proposal
Title
Email Address
Signature of Person Preparing Proposal
RFP 202425-21 Comprehensive Fee Study and Cost Allocation Plan Services Attachment B, Fee Schedules A through C & Proposal Authorization Form

Page 4 of 4 ends

1/24/2025
ClearSource Financial Consulting
45-3724134
7960 B Soquel Drive, Suite 363
Aptos, CA 95003
(831) 288-0608
Terry Madsen
President
[email protected] Digitally signed by Terry Madsen DN: O=ClearSource Financial Consulting, CN=Terry Madsen, E=tmadsen@ clearsourcefinancial.com
Reason: I am approving this document
Location: Aptos, CA
Date: 2025.01.23 09:35:25-08'00' Terry MadsenFoxit PDF Editor Version: 12.0.1

EXHIBIT C

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature
(name)
(address)

(city state zip)
Additional page(s) attached.

EXHIBIT D

INSURANCE REQUIREMENTS
A. Insurance Requirements
Consultant shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.  $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
 $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant’s bid.

Maintenance of Coverage
Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.

Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 7, 2025
Agenda Number: B-12
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Civil Service Commission ĨŽƌ ŝƐƚƌŝĐƚ ϲ RECOMMENDATION:

Adopt a resolution approving the appointment of Mattie Mendez to the Civil Service Commission SUMMARY:

The City of Madera Municipal Code provides that the Civil Service Commission (Commission) is comprised of seven (7) members. Each member of the City Council makes a nomination to be considered for appointment by the Mayor and the Mayor has one direct appointment.

Appointments are subject to approval of the City Council by resolution and require four affirmative votes for approval.

At the March 19, 2025, meeting, the City Council considered item B-10 regarding two appointments to the Civil Service Commission, one of which was for District 6. The appointment for District 6 was continued to the April 2, 2025, meeting. At the April 2, 2025, meeting, no appointment was approved for the District 6 Civil Service Commission position. At the conclusion of the item discussion, Mayor Gallegos requested Councilmembers have interested citizens submit applications to the City Clerk for consideration of appointment to the Civil Service Commission for District 6. Mayor Gallegos has considered applications submitted and has appointed Mattie Mendez to the Civil Service Commission for the District 6 Commissioner position. The appointment of Ms. Mendez is subject to approval by resolution of the City Council and requires four (4) affirmative votes to pass.

DISCUSSION:

The Commission is established in Chapter 2 of the City’s Municipal Code. The Commission reviews recruitments and certifies the list of eligible candidates for full time employment with the City.

The Commission also is the hearing body for appeals related to employment practices, including employee discipline, application of the City’s Personnel Rules, and hiring practices. Pursuant to Municipal Code Section 2-2.303, the Commission is a seven (7) member body. Nominations of individuals to serve as Commissioners may be made by each member of the City Council. The Mayor then makes appointments from those nominated. The Mayor also can make a direct appointment if no nomination is provided within a reasonable time. The Mayor’s appointments must be approved by the City Council as a whole, with the resolution of appointment approved by at least four (4) members of the Council. This nomination –> appointment –> approval process was developed to comply with Government Code Section 40605, which in summary provides that in a general law City where the office of Mayor is elected at-large, the Mayor, with approval of the City Council, shall make all appointments to boards, commissions, and committees.

Commission members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text. The District 6 position has been vacant since the resignation of Muhammad Latif in April 2023. Mayor Gallegos appointed applicant John Jasper, whose application to serve was on-file with the City Clerk’s office, due to the ongoing vacancy for this position. At its March 19, 2025, meeting, the City Council voted 3-2 to continue the District 6 appointment on the published agenda as item B-10 to its April 2, 2025, meeting. At the April 2, 2025, meeting, Mr. Jasper’s appointment was not approved. Mayor Gallegos then requested the City Council encourage interested citizens to submit applications to the City Clerk’s office to serve on the Civil Service Commission by April 16, 2025. Mayor Gallegos considered applications submitted and has appointed Mattie Mendez to serve as the District 6 Civil Service Commissioner.

The action contemplated with this report is to approve the appointment of Ms. Mendez. The Municipal Code provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

Table 1. Civil Service Commission Appointments
Commissioner Nominating Councilmember City Council District Dennis Smith Mayor Gallegos At-large Mayor
Nick Salinas Councilmember Zacharia
(previously appointed by then-District 1
Councilwoman Gallegos)
District 1
Vacant Mayor Pro Tem Rodriguez District 2
Saim Mohammad Councilmember Montes District 3
Shawn Griffin Councilwoman Evans District 4
Gloria Toscano Councilwoman Mejia District 5
Mattie Mendez Councilmember Villegas (appointment by Mayor Gallegos due to ongoing vacancy)
District 6
FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council members may submit additional nominations to the Mayor for consideration of appointment. Alternatively, Council may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Mattie Mendez
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF MATTIE MENDEZ TO THE CITY OF

MADERA CIVIL SERVICE COMMISSION
WHEREAS, the City of Madera has established a Civil Service Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, due to an ongoing vacancy in representation for City Council District 6, Mayor Gallegos has appointed Mattie Mendez to the Commission for a term concluding December 6, 2028, or as otherwise provided in the Madera Municipal Code; and WHEREAS, Mattie Mendez desires to serve on the Commission.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. Mattie Mendez’s appointment to the Civil Service Commission for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code, is approved.

3. This resolution is effective immediately upon adoption. ********************
Attachment 2: Volunteer Application for Mattie Mendez

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE
VllllEY CENTRAL APPLICATION
I hereby request t hat I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:

Il ADA Advisory Council
Il Beautification Committee
Il CDBG Block Grant Commission
0 Planning Commission
_D_ Other: ___ _____ _
Please type or print in ink.

HOME ADDRESS

MAILING ADDRESS

EMPLOYER
D Airport Advisory Commission
fil Civil Service Commission
_0_ Loan Review Committee
D Transit Advisory Board

CITY, STATE, ZIP HOME PHONE

CITY, STATE ZIP E-MAIL ADDRESS

JOB TITLE BUSINESS PHONE
Length of residence in the City of Have you ever been convicted of Are you 18 years of age or Madera: a felony? older?
Years 3 Months 4 Yes No X Yes X No
Educational background:

BS Degree in Child Development Practioner Option - Fresno State AS Degree - Reedley College
City Clerk Page 1 of2
Update 09/19/23
Please list any organizations of which you are a member and any offices you have held in those organizations:

Executive Director of Community Action Partnership of Madera County since 8/2/2011 Madera Rotary - Madera Relay for Life
Please list any appointed public boards or commissions on which you have served, dates of service, and any chairmanship or office held:

Madera Workforce Investment Corporation - prior vice chair - more than 8 years Madera County Local Planning Council - prior chair - served for 5 years National Community Action Partnership - elected Treasurer in 2023 Region 8 Head Start Association - since 2020
I am interested in serving for the following reasons:

I am interested in serving as the District 6 CSC representative for Councilmember Villegas. I feel with my experience of supporting over 300 employees has provided the foundation to learn and support the CSC.

I realize that I reside in District 2 but I would like to support District 6 in my professional capacity as I have provided services within the City of Madera since the late 1980's. I am available to respond to any questior References (optional):

Jay Varney, CAO Madera County
Dr. Julie Okane - Former Madera Unified School District Gino Chairamonte - City of Madera, Chief of Police
Russ Ryan, Attorney - Fresno
4/16/25
Date
City Clerk
Update 09/19/23
Mattie Mendez Digitally signed by Mattie Mendez
Date: 2025.04.16 14:00:57 -07'00'
Signature • '-JVJ L ,l/lh / '1 / I-IP / 'p-&
Please return ~ l~c~t7':n •t; --0

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West 4th Street, Madera, CA 93637
[email protected]
(559) 661-5405

Page 2 ends

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 7, 2025
Agenda Number: B-13
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Civil Service Commission for District 2 RECOMMENDATION:

Adopt a resolution approving the appointment of Stephani Perez to the Civil Service Commission SUMMARY:

Appointments are subject to approval of the City Council by resolution and require four affirmative votes for approval. At this time, Mayor Pro Tem Rodriguez has nominated Stephani Perez to serve on the Commission representing District 2 and Mayor Gallegos has appointed Ms.

Perez. The requested action is to confirm the appointment of Ms. Perez to the Commission.

DISCUSSION:

The Commission is established in Chapter 2 of the City’s Municipal Code. The Commission reviews recruitments and certifies the list of eligible candidates for full time employment with the City.

Commission members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text. The District 2 position has been vacant since the resignation of Celeste Voyles in December 2025. Mayor Pro Tem Rodriguez nominated Stephani Perez to represent District 2 and Mayor Gallegos appointed Ms. Perez. The action contemplated with this report is to approve the appointment of Ms. Perez. The Municipal Code provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

Table 1. Civil Service Commission Appointments
Commissioner Nominating Councilmember City Council District Dennis Smith Mayor Gallegos At-large Mayor
Nick Salinas Councilmember Zacharia
(previously appointed by then-District 1
Councilwoman Gallegos)
District 1
Stephani Perez Mayor Pro Tem Rodriguez District 2
Saim Mohammad Councilmember Montes District 3
Shawn Griffin Councilwoman Evans District 4
Gloria Toscano Councilwoman Mejia District 5
Mattie Mendez
(appointment
pending approval)
Councilmember Villegas (appointment by Mayor
Gallegos due to ongoing vacancy)
District 6
FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council members may submit additional nominations to the Mayor for consideration of appointment. Alternatively, Council may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Stephani Perez
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF STEPHANI PEREZ TO THE CITY OF

MADERA CIVIL SERVICE COMMISSION
WHEREAS, the City of Madera has established a Civil Service Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Mayor Pro Tem Rodriguez has nominated Stephani Perez to serve on the Commission and Mayor Gallegos has appointed Ms. Perez for a term concluding December 6, 2028, or as otherwise provided in the Madera Municipal Code; and WHEREAS, Stephani Perez desires to serve on the Commission.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. Stephani Perez’s appointment to the Civil Service Commission for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code, is approved.

3. This resolution is effective immediately upon adoption. ********************
Attachment 2: Volunteer Application for Stephani Perez

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE

APPLICATION
I hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
__ ADA Advisory Council
__ Beautification Committee
__ CDBG Block Grant Commission
__ Planning Commission
Other: --------
Please type or print in ink.
__ Airport Advisory Commission
X Civil Service Commission
Loan Review Committee
__ Transit Advisory Board

IRSTNAME

EMPLOYER JOB TITLE BUSINESS PHONE
Length of residence in the City of Have you ever been convicted of Are you 18 years of age or Madera: a felony? older?
-=--
01 X )( - Years Months Yes No Yes No -. -
City Clerk Pagel of 2
Update 09/19/23
Please list any appointed public boards or commissions on which you have served, dates of ser.rice, and any chairmanship or office held:
l_:m interested in serving for the following reasons:
lo \evcroje ®\ w ~er:\i<;(, ,a h iman c1~~0r<tS foe :¥r<,, References (optional): /\. \
00Sf ioA,(\~5ve "b -c..;11:\ U).y(( rY\i½
Date
City Cler'~
Update 09/19/23
Please return completed application to:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West 4th Street, Madera, CA 93637
[email protected]
(559) 661-5405

Page 2 of 2 ends

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 7, 2025
Agenda Number: B-1ϰ
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Motorola Service Provider Agreement Renewal
RECOMMENDATION:

Adopt a Resolution authorizing and approving an amendment to the City of Madera Fiscal Year 2024/2025 Adopted Budget to appropriate General Fund balance to cover a budget shortfall related to the renewal of an agreement with Motorola Solutions, Inc. for the upgrade and maintenance of Police Department communication equipment SUMMARY:

On March 20, 2024, the City entered into a contractual agreement with Motorola Solutions to provide continuous, 24/7 on-site technical support for critical communication infrastructure. The agreement remained in effect until its expiration on October 31, 2024. Although a renewal agreement has not yet been executed by either party, services have continued without interruption. However, any further delay in finalizing the renewal may present challenges for the City, particularly in maintaining the effectiveness and reliability of critical technology systems.

During the budget development process for the current fiscal year, the anticipated cost of renewing this agreement was inadvertently underestimated. As a result, the allocated funds are insufficient to cover the full cost of the renewed agreement. City staff is therefore requesting a budget amendment to authorize the additional funds required to support the full cost of the renewal. This will ensure continuity of critical technical services without disruption and maintain the integrity of the City’s communication systems.

DISCUSSION:

The Police Department utilizes specialty 911 dispatch and communications equipment to efficiently operate the department’s communication center. The infrastructure involves various complex components that require routine maintenance and support. A few critical components of infrastructure include radio and 911 call handling servers, dispatch radio and 911 consoles, and various radio antennas found across the city.

To maintain its communication infrastructure, the City is required to enter into an agreement directly with Motorola that includes system upgrades and an annual service agreement. The upgrade and annual service agreement bolster the City’s emergency communication capabilities, ensuring staff have the tools to respond efficiently in critical situations.

Traditionally, the agreement components such as the system upgrade, the City's annual service agreement, and the Verint usage agreement—would be managed under separate contracts, as each represents a distinct and specialized service. However, to streamline administrative processes and improve efficiency, Motorola has consolidated these components into a single agreement. All three services share consistent contract language, allowing for their integration without compromising the integrity or clarity of the terms. This consolidation simplifies contract management for the City and facilitates a more efficient review and approval process.

Implementation and System Upgrade
Initially, staff understood that the system upgrade would occur—and therefore require payment—on a biennial basis. This understanding was based on previous communications and the observed implementation schedule of the upgrades.

However, following a recent transition in Motorola account representatives, staff received updated information clarifying the actual structure of the upgrade agreement. While the physical implementation of the upgrade does occur every other year, the cost associated with the upgrade is spread evenly across both years. In effect, the City is enrolled in a two-year payment plan for a single upgrade that is delivered biennially. This clarification has necessitated a reassessment of the budgeted amount to ensure adequate funding for the annual payment obligations associated with the upgrade cycle.

Annual Service and Maintenance
The service agreement with Motorola is structured to be renewed on an annual basis. It provides comprehensive support, including remote technical assistance, hardware repair and replacement, on-site technical support, and preventative maintenance services. To facilitate efficient issue resolution, Motorola offers an online ticketing system that enables City staff to quickly report concerns. This system streamlines the process by providing prompt remote support or dispatching qualified personnel for on-site repairs when necessary.

Verint
Verint serves as the City’s communication infrastructure call logging system. It is a critical component that captures and archives all dispatch communications with the public, as well as internal radio transmissions between staff. This functionality ensures accurate recordkeeping, supports incident review, and enhances operational accountability.

In addition to the service and maintenance contract, Verint also includes an upgrade component.

Similar to the Annual Service Agreement, staff did not allocate funds for this upgrade on an annual basis, which has contributed to the current budget shortfall. The associated increase in cost is outlined in Table 1, which reflects the financial impact of the unbudgeted upgrade component.

Given that Verint is a relatively low-cost service and falls well within the City Manager’s delegated approval authority, staff determined that incorporating it into the broader agreement with Motorola would be both practical and efficient. Including Verint in the consolidated agreement ensures continuity of service, reduces administrative burden, and promotes streamlined contract management.

FINANCIAL IMPACT:

At the time the agreement was originally established, Council authorized the City Manager to approve annual renewals for a period of three years, provided the cost increases remained within a specified threshold. As such, no Council action is required with respect to the renewal of the annual service agreement. However, as previously noted, staff was provided with inaccurate or incomplete information regarding the upgrade component of the agreement. The requested action addresses the budget shortfall and ensures adequate funding for all three components of the Motorola service agreement.

Table 1 presents a detailed comparison of the budgeted costs versus actual cost, highlighting the variance between the two figures.

Table 1: Breakdown of Motorola Agreement
Item Budgeted Updated Costs
Annual Service Agreement $50,000 $35,009.11
System Upgrade/Implementation $0 $33,357.12
Verint Support $5,000 $6,666.67
Verint Upgrade $0 $5,000
Total $55,000 $80,032.90
Requested Budget Amendment $25,032.90
Some of the overages in the Annual Service Agreement component will help offset underbudgeting in other areas. However, there remains an overall shortfall of $25,032.90. Staff is requesting that Council authorize the use of General Fund balance to cover this deficit.

ALTERNATIVES:

The Council may refuse to authorize the budget amendment to cover the budget shortfall.

However, not fulfilling the contractual requirements with Motorola, the City would be in dire condition as critical communication tools would be susceptible to failure and security concerns.

Alternatively, Council may direct staff to identify alternative funds to cover the budget shortfall.

Furthermore, Council may request staff return with additional information regarding service coverage or any other component of the agreement.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Budget Amendment

2. Motorola Agreement Renewal Quote
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF
MADERA FISCAL YEAR 2024/2025 ADOPTED BUDGET TO APPROPRIATE

GENERAL FUND FUND BALANCE TO COVER A BUDGET SHORTFALL

RELATED TO THE RENEWAL OF AN AGREEMENT WITH MOTOROLA
SOLUTIONS, INC. FOR THE UPGRADE AND MAINTENANCE OF POLICE

DEPARTMENT COMMUNICATION EQUIPMENT
WHEREAS, on March 20, 2024, the City Council authorized the City to enter into an agreement with Motorola Solutions, Inc. (Motorola) for the upgrade and maintenance of Police Department communication equipment; and
WHEREAS, the City did not adequately budget for contract renewal cost for the 2024/2025 Fiscal Year; and
WHEREAS, the remaining $25,032.90 of the renewal cost was not included in the City of Madera Fiscal Year 2024/2025 Budget; and
WHEREAS, the amendment to the City of Madera Fiscal Year 2024/2025 Adopted Budget, listed in Exhibit A, attached hereto, is necessary to appropriate funds for the execution of the agreement.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:

1. The above recitals are true and correct.

2. Funds shall be appropriated in the Fiscal Year 2024/25 operating budget in the amount of $25,032.90 from available General Fund fund balance in the General Fund contracted services and software accounts to fund the execution of the agreement renewal.

3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Financial Services who is authorized to take such action as necessary to implement the terms of this resolution.

4. This resolution is effective immediately upon adoption. * * * * * * * *

ORG OBJECT
FUND CODE CODE PROJECT DESCRIPTION (+) (-)

PD GRANTS
1020 10202000 4900 Budgetary Carryover 25,033
1020 10202000 6440 Contracted Services 25,033
TOTALS 25,033 25,033

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2024/25 BUDGET APPROPRIATION

FOR A MOTOROLA SERVICE AGREEMENT
Date:07/03/2024
Company Name: MADERA, CITY OF Required P.O. :

PO # :

Customer # :1000419813
Bill to Tag # :

Contract Start Date :01-Nov-2024
Contract End Date :30-Jun-2025
Payment Cycle :ANNUALLY
Attn:

Billing Address: 205 W FOURTH ST
City, State, Zip: MADERA , CA, 93638
Customer Contact: Sarah Sarquiz
Phone: +1.559.661.5400
Qty Service Name Service Description Extended Amt
SVC02SVC0201A ASTRO SUA II UO IMPLEMENTATION SERVICES $0.00 LSV01S01107A ASTRO SYSTEM ESSENTIAL PLUS PACKAGE $35,009.11 SVC04SVC0169A SYSTEM UPGRADE AGREEMENT II $18,696.45
SVC02SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $14,660.67 SVC02SVC0490A VERINT-SUA II $5,000.00
SVC02SVC0446A VERINT SUPPORT & MAINTENANCE $6,666.67
Subtotal - Recurring Services $80,032.90
Subtotal - One-Time Event Services $0.00
Total $80,032.90

THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE

APPLICABLE, TO BE VERIFIED BY MOTOROLA
SPECIAL INSTRUCTIONS:

City of Madera - Essential Plus Package Includes: Technical Support, Infrastructure Hardware Repair with Advanced Replacement, Security Update Service, Dispatch, On-site Infrastructure Response Standard, Annual Preventive Maintenance - Verint Service Agreement (1) Master Site, (1) Dispatch and (2) RF Sites
I have received Applicable Statements of Work which describe the Services and cybersecurity services provided on this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, are attached hereto and incorporate the Cyber Addendum (available at https://www.motorolasolutions.com/en_us/ managed-support-services/cybersecurity.html) by reference. By signing below Customer acknowledges these terms and conditions govern all Services under this Service Agreement.

SERVICE AGREEMENT
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier: R04-JUL-24 00:40:47
• MOTOROLA SOLUTIONS

AUTHORIZED CUSTOMER SIGNATURE TITLE DATE

CUSTOMER (PRINT NAME)

MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Ian Castro 916-796-7000

MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name : MADERA, CITY OF
Contract Number : USC000853575
Contract Modifier : R04-JUL-24 00:40:47
Contract Start Date : 01-Nov-2024
Contract End Date : 30-Jun-2025

SERVICE AGREEMENT
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier: R04-JUL-24 00:40:47
CSM 04-11-2025
• MOTOROLA SOLUTIONS

SERVICE AGREEMENT
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier:
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336
Service Terms and Conditions
Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:

Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.

Section 2. DEFINITIONS AND INTERPRETATION

2.1 “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.

2.2 “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement.

2.3 “Services” means those installation, maintenance, support, training, and other services described in this Agreement.

Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement.

Section 4. SCOPE OF SERVICES

4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.

At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services.

4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed

4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.

4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.

4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.

4.6 If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.

4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this.

Section 5. EXCLUDED SERVICES

5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.

5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler.

Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.
0 MOTOROLA SOLUTIONS

SERVICE AGREEMENT
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier:
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment.

Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.

Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola.

Section 8. INVOICING AND PAYMENT

8.1 Customer affirms that a purchase order or notice to proceed is required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.

8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices for valid charges as defined in this service agreement or ordering document as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).

Section 9. WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 10. DEFAULT/TERMINATION

10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.

10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.

10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term.

Section 11. LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. 0 MOTOROLA SOLUTIONS

SERVICE AGREEMENT
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier:
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR

OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.

Section 12. EXCLUSIVE TERMS AND CONDITIONS

12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.

12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties.

Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS

13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request.

Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement.

13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data.

13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement.

Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters.

Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.

Section 16. MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction.

Section 17. GENERAL TERMS

17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.

17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed.

17.3 Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Madera, State of California, or any other appropriate court in such county, and Motorola covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Fresno, State of California. 0 MOTOROLA SOLUTIONS

SERVICE AGREEMENT
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier:
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336

17.4 Failure to exercise any right will not operate as a waiver of that right, power, or privilege.

17.5 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God.

17.6 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.

17.7 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event.

17.8 THIS AGREEMENT MAY BE RENEWED ON ITS ANNIVERSARY DATE UPON APPROVAL BY THE CITY COUNCIL. RENEWAL WILL BE REVIEWED AND APPROVED ON A YEAR-TO-YEAR BASIS. At the anniversary date, Motorola may adjust the price of the Services and provide written notice no less s i xt y ( 6 0 ) days prior to said price increase.

17.9 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates.

17.10 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document.

Revised Sept 03, 2022
0 MOTOROLA SOLUTIONS
Cybersecurity Online Terms Acknowledgement
This Cybersecurity Online Terms Acknowledgement (this “Acknowledgement”) is entered into between Motorola Solutions, Inc. (“Motorola”) and the entity set forth in the signature block below (“Customer”).

1. Applicability and Self Deletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including Remote Security Update Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise provided to Customer, including through bundled or integrated offerings or otherwise.

NOTE: This Acknowledgement is self deleting if not applicable under this Section 1.

2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at http://www.motorolasolutions.com/cyber-renewals-integrations are incorporated in and form part of the Parties’ agreement as it relates to any cybersecurity products or services sold or provided to Customer. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on-line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola. The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms.

3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services. This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter.

4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.

The Parties hereby enter into this Acknowledgement as of the last signature date below.

Revised Sept 03, 2022

SERVICE AGREEMENT
500 W Monroe Street
Chicago, IL. 60661
(888) 325-9336
Quote Number : QUOTE-2704638
Contract Number: USC000853575
Contract Modifier: R04-JUL-24 00:40:47
• MOTOROLA SOLUTIONS

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 7, 2025
Agenda Number: B-15
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Engagement of Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC (Baker Donelson) RECOMMENDATION:

Adopt a resolution ratifying an Agreement Waiver and Consent with Baker Donelson for limited engagement as legal counsel in support of the City’s application for disaster relief funds for the January 2023 Winter Storms event
SUMMARY:

The City of Madera and State of California experienced significant storm events and related impacts beginning in December 2022. President Biden declared a major disaster for various counties in California, inclusive of Madera County, for severe winter storms, flooding, landslides, and mudslides. The disaster period began December 27, 2022, and concluded January 31, 2023, and is commonly referred to as the January 2023 Winter Storms event.

The City of Madera declared a local emergency related to storm impacts incurred during the disaster period. Staff identified applicable projects and sought disaster assistance through the Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (CalOES). On April 10, 2025, the City received notification from FEMA that some costs were being denied reimbursement due to not complying with Federal procurement requirements.

Specifically, the work was completed under a Purchase Order and there was no written contract with the firm providing work. The determination may be appealed within sixty (60) days of receipt of the notice. After researching consultants who specialize in disaster recovery claims, staff entered into an agreement with Baker Donelson to assist the City in filing a timely and complete appeal. While the agreement is within the City Manager’s authority under the City’s purchasing policy, the City Attorney has recommended the agreement be brought to Council for ratification as it includes a waiver of conflicts.

DISCUSSION:

During the January 2023 Winter Storms event disaster period, the City of Madera experienced significant impacts, including:
▪ Debris clearing in the storm system, public right-of-way, and park spaces ▪ Emergency protective measures
▪ Catastrophic failure of the Avenue 13 sewer trunk line at Granada Drive ▪ Multiple storm drain line failures and related asphalt and/or sidewalk failures ▪ Asphalt failure
▪ Degradation of equipment at the Wastewater Treatment Plant due to additional incoming debris
▪ Administrative costs associated with the above as well as with administration of the claim for damages with FEMA and CalOES
Staff identified eligible projects related to storm damage and sought disaster recovery assistance from FEMA and CalOES for these specific activities. The most expensive project was the response and repair of the Avenue 13 sewer trunk line at Granada Drive that failed due to storm surge in the sanitary sewer system. This project included bypass pumping and replacement of the collapsed trunk line. On April 10, 2025, the City was notified by FEMA that expenses related to Floyd Johnston Construction for bypass pumping after the initial 60-day response and for replacement of the collapsed trunk line were being denied due to not having a written contract in compliance with Federal procurement requirements. The work was completed under a Purchase Order, which while itemized, is a one-way document from the City to the contractor and does not necessarily contain all required language of a procurement contract under Federal requirements.

As the denied portion of the claim was the costliest portion of the claim totaling approximately $2.3 million, staff immediately researched and spoke with consultants specializing in disaster recovery claims and appeals as staff has exhausted internal resources in providing information to FEMA in support of the claims. Three firms were contacted for quotes, summarized in Table 1.

Table 1. Disaster Recovery Consulting Firms to Assist with FEMA Appeals Firm Name Cost Proposal
Berquist Recovery Consulting, LLC ▪ $300/hour not to exceed 80 hours ($24,000) ▪ 15% of any funds recovered through the appeal process ($344,672 if full recovery)
Baker Donelson ▪ Hourly rates from $235 - $615
▪ Total not to exceed $25,000
Hagerty Consulting, Inc. Declined to quote due to conflict; Hagerty works with the State of California on disaster claims, and the City’s appeal must first be reviewed and approved by CalOES prior to
FEMA.

Staff interviewed both firms that provided fee proposals and, based on both approach and fee structure, recommended engaging Baker Donelson’s services. Baker Donelson will assist the City prepare a contract with Floyd Johnston Construction that complies with both CalOES and FEMA procurement requirements. This contract will be brought before Council for ratification and can be used in the future to ensure compliance during emergency purchasing situations. Baker Donelson will then represent the City through the appeal process for the denials.

Baker Donelson provided their standard engagement letter and terms and conditions for review.

Staff requested and Baker Donelson agreed to the inclusion of the City’s standard indemnity language and insurance requirements for consultants. Baker Donelson was also amenable to the Not to Exceed $25,000 provision. If it appears services will reach or exceed the Not to Exceed provision to complete the scope of work, Baker Donelson will notify the City. However, based on their past experience, they felt $25,000 was a reasonable number to expect in completing the proposed services.

The contract value, $25,000, is within the City Manager’s authority to execute pursuant to City of Madera Municipal Code §2-4.04. Operating under this authority within the City’s purchasing policy, staff sent Baker Donelson’s engagement letter to both the City’s Procurement Services Manager and City Attorney for review. During this review, it was identified that while execution of the agreement was within the City Manager’s authority based on contract value, because it included a blanket waiver of conflicts of interest, the agreement should be ratified by the City Council. As time is of the essence in pursuing the appeal, the engagement was signed by the City Manager within his purchasing authority. At this time, it is requested that Council ratify the engagement, specifically the waiver of conflicts.

FINANCIAL IMPACT:

The initial fees incurred will be paid from the Insurance Reserve Fund, contracted legal services.

If the appeal is successful, any fees paid for services may be included in the City’s Category Z administrative costs for reimbursement from FEMA. If successful and reimbursed by FEMA, the Insurance Reserve Fund will be reimbursed.

ALTERNATIVES:

Council may direct staff not to pursue the appeal or may direct staff to seek additional proposals.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Baker Donelson Engagement Letter
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

RATIFYING AN AGREEMENT WAIVER AND CONSENT WITH BAKER,

DONELSON, BEARMAN, CALDWELL, & BERKOWITZ, PC FOR LIMITED

ENGAGEMENT AS LEGAL COUNSEL
WHEREAS, the City of Madera is seeking disaster recovery relief for damages incurred during FEMA-4683-DR-CA, also known as the January 2023 Winter Storms event; and WHEREAS, the City is in need of expert services to assist with the appeal of certain denied portions of amounts claimed; and
WHEREAS, Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC (Baker Donelson) is a law firm with expertise in disaster recovery and government services; and WHEREAS, an engagement letter has been prepared between the City and Baker Donelson that captures the desired scope of work and terms and conditions for the services to be provided; and
WHEREAS, the engagement letter was executed by the City Manager within the purchasing authority provided in Madera Municipal Code §2-4.04; and WHEREAS, the engagement letter included an Agreement Waiver and Consent that included a waiver of conflicts on behalf of the City, and is therefore recommended for review and ratification by the City Council.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Agreement Waiver and Consent between the City of Madera and Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC, attached as Exhibit 1 and incorporated herein, is ratified.

3. This resolution is effective immediately upon adoption. ********************
Exhibit 1: Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC Engagement Letter

Insurance Requirements for Consultants
Without limiting Consultant
Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Consultant shall maintain limits no less than:
$1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
as required by the State of California and $1,000,000
per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of and volunteers.
$1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate. Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in bid.

Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, - (or higher) and a Financial Size Category
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant
involve or may involve coverage under any of the required liability policies.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 7, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Automatic License Plate Reader Purchase
RECOMMENDATION:

Adopt a Resolution approving Omnia Partners piggyback agreement R250203 for the purchase of Automatic License Plate Readers from Flock Group Inc., dba Flock Safety for $47,215
SUMMARY:

The City currently utilizes automatic license plate readers (ALPRs) as part of its public safety strategy to enhance law enforcement capabilities and support criminal investigations. These systems have proven effective in identifying stolen vehicles, tracking wanted suspects, and aiding in Amber Alerts. As part of the City's continued efforts to strengthen community safety and operational efficiency, staff propose purchasing additional ALPR units to expand coverage across key locations. This expansion will improve real-time data collection, increase situational awareness for first responders, and further support investigative efforts throughout the city.

DISCUSSION:

The City uses ALPRs to capture images of vehicle license plates and convert them into machine-readable data using optical character recognition technology. ALPRs automatically scan passing vehicles, record license plate numbers, along with the date, time, and location of the capture, and check them against law enforcement databases for matches related to stolen vehicles, wanted persons, or other alerts. These systems are typically installed at strategic fixed locations throughout the city.

The City’s initial deployment of its ALPR system was implemented through the purchase of Motorola Avigilon (Avigilon) ALPR units. While these devices have served the City’s needs, Flock Safety (Flock) has emerged as a leading provider in the ALPR market, offering highly competitive pricing and a rapidly expanding network widely adopted by both commercial entities and law
B-16
enforcement agencies nationwide. Currently, the City does not operate any Flock ALPR units, which limits access to the data collected through Flock’s interconnected network. As a result, the City is unable to leverage valuable information shared across jurisdictions, hindering the effectiveness of the City’s investigative and public safety efforts.

To address the current gap in data access, staff recommends the purchase of eight Flock ALPRs.

This quantity represents the minimum threshold required to gain access to Flock’s commercial and law enforcement data-sharing network. By meeting this threshold, the City will be able to access valuable data collected by external partners, including the Madera County Sheriff’s Office and various privately owned commercial properties, such as retail centers within the City limits.

This enhanced data sharing will significantly improve the City’s ability to support law enforcement investigations, track criminal activity across jurisdictions, and proactively address public safety concerns.

Purchasing Policy Procedures
The City Council (Council) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process. A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies.

After reviewing the available purchase options for these purchases, staff determined that using piggyback purchase agreements between public agencies represents the most advantageous purchasing strategy. Procuring the item above with a Request for Proposal (RFP) would require significant City resources. This strategy ensures the City receives excellent pricing with efficient use of staff time and resources.

Omnia Partners provides purchasing methods like piggybacking to meet the needs of governmental entities. Benefits include free access and usage of pre-negotiated, completed, ready-to-use contracts for products and services from reliable suppliers. In the case of piggyback agreement R250203, Flock was awarded the contract from the Region 4 Education Services Center in Houston, Texas. Flock has provided the City with a quoted price of $47,215based on pricing from the piggyback agreement.

As this purchase falls within the City Manager’s current purchasing authority, it could technically proceed without City Council action. However, the agreement includes ongoing subscription and maintenance costs that, over time, will cumulatively exceed the City Manager’s approval threshold. Considering this, and to ensure transparency and alignment with long-term budget planning, staff is proactively seeking Council approval to proceed with the acquisition of Flock ALPRs. This approach ensures that the City’s investment in public safety technology is both fiscally responsible and consistent with established governance practices.

FINANCIAL IMPACT:

The City has secured external funding through the Community Corrections Partnership (CCP) Committee to support the initial purchase of these ALPR units. This funding will cover the cost of the system and provide access to data-sharing capabilities for a period of two years. At the conclusion of this two-year term, City staff will return to the CCP Committee to request continued financial support for the ongoing annual costs associated with the ALPR program. If the CCP Committee does not approve future funding, staff will explore alternative funding sources, including applicable grant opportunities or allocations from the City’s General Fund or Measure K, to ensure continuity of service.

ALTERNATIVES:

Council may choose not to authorize the purchase of Flock ALPRs; however, doing so would leave the City without access to a significant and growing network of license plate data, as many regional law enforcement agencies and private sector partners have adopted the Flock system.

Alternatively, Council may direct staff to explore other funding sources to support the initial twoyear implementation period. Furthermore, Council may request that staff return with further information or analysis.

ATTACHMENTS:
ϭ. Resolution
a.
ǆŚŝbŝƚ ͗ WŝŐŐǇback aŐrĞĞŵĞnƚ ZϮϱϬϮϬϯ
Ϯ. YuoƚĞ Ĩroŵ Flock
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING OMNIA PARTNERS PIGGYBACK AGREEMENT R250203 FOR

THE PURCHASE OF AUTOMATIC LICENSE PLATE READERS FROM FLOCK SAFETY IN THE AMOUNT OF $47,215
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (Council) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, orservices without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and
WHEREAS, staff has conducted its due diligence and determined that piggyback purchases through Omnia Partners best meet the City’s interests.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:

1. The above recitals are true and correct.

2. The Council approves Omnia Partners piggyback agreement for the purchase of automatic license plate readers in the amount of $47,215 from Flock Group., dba Flock Safety, per its material terms as set forth in Exhibit A, and authorizes the City Manager to execute an agreement consistent with those material terms, or other required documents to complete the purchase, subject to approval as to legal form by the City Attorney.

3. This Resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT
Region 4 Education Service Center (ESC)
Contract # R250203
for
Weapons and Threat Detection Equipment, Services, and Other Solutions
with
Flock Group Inc. dba Flock Safety
Effective: April 1, 2025
The following documents comprise the executed contract between the Region 4 Education Service Center and Flock Group Inc dba Flock Safety, effective April 1, 2025:

I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference

CONTRACT
1 DRAFT CONTRACT
This Contract (“Contract”) is made as of April 1, 2025 by and between Flock Group Inc. dba Flock Safety (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Weapons and Threat Detection Equipment, Services, and Other Solutions (the products and services”).

RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number 25-02 for Weapons and Threat Detection Equipment, Services, and Other Solutions (“RFP”), to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The initial term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued under the Contract for a period of up to one year beyond the Contract term.

The anticipated full term of the contract is five (5) years. The Successful Offeror(s) shall have the right to enter local “service” agreements with Participating Public Agencies accessing the

CONTRACT
2 contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any local agreements, job orders, project agreements or maintenance agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, Flock’s Master Services Agreement and the Order Form, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing 11) TERMINATION OF CONTRACT

CONTRACT
3 a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have thirty (30) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation within the thirty (30) day cure period, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably

CONTRACT
4 within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract for a period of up to one year beyond the term of the Contract. 14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price

CONTRACT
5 is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a thirdparty auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a

CONTRACT
6 registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten

CONTRACT
7 (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

Linda Tinnerman
7iDUPr & 8IiUe

25-02 Addendum 1
Flock Safety
Flock Group Inc.

Supplier Response
Event Information
Number: 25-02 Addendum 1
Title: Weapons Detection Screening System
Type: Request for Proposal - Region 4 ESC
Issue Date: 10/10/2024
Deadline: 11/21/2024 02:00 PM (CT)
Notes: Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.

Only online proposals will be accepted. Proposals must be submitted via Region 4 ESC's online procurement system:
region4esc.ionwave.net.

No manual, emailed, or faxed proposals will be accepted.

NON-MANDATORY PRE-PROPOSAL CONFERENCE
Meeting to be held on
Thursday, October 31, 2024 at 10:00 am
via ZOOM. Join at https://esc4.zoom.us/j/92648560362
Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Procurement and Operations Specialist.

Page 1 of 30 ends

Contact Information
Address: Finance and Operations
7145 West Tidwell Road
TX 77092
Email: [email protected]

Page 2 of 30 ends

Flock Safety Information
Contact: Ty Moddelmog
Address: 1170 Howell Mill Road NW
Ste 210
Atlanta, GA 30318
Phone: (866) 901-1781
Email: [email protected]
Web Address: www.flocksafety.com
By submitting your response, you certify that you are authorized to represent and bind your company.

Jennie. Mac Anaspie [email protected]
Signature Email
Submitted at 11/21/2024 01:29:47 PM (CT)
Supplier Note
Please note Code 2270, Fed Funds, Open Records and one other form were signed in Acrobat combined, so the request for the uploaded singular doc will contain all 27 combined pages. Apologies! Requested Attachments
Products and Pricing OMNIA Price list.xlsx
Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

Value Added Services Flock Safety RFP Response
FINAL 11-21-2024.docx.pdf
Provide any additional information related to products and services the Offeror proposes to enhance and add value to the Contract. For example, a proposal for furniture may include additional value-added selections such as installation, white glove delivery options, setup/cleaning, classroom design/layout, special orders, etc. (OPTIONAL) Offer and Contract Signature Form 25-02 Offer and Contract Signature Form.pdf
Please complete the Offer and Contract Signature Form, located on the Attachments tab, and upload the completed document here.

Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy
Complete_with_Docusign-
_Texas_Gover.pdf
Please complete the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy, located on the Attachments tab, and upload the completed document here.

Antitrust Certification Statements Complete_with_Docusign_Antitrus t_Certificati.pdf
Please complete the Antitrust Certification Statements, located on the Attachments tab, and upload the completed document here.

Disclosure of Interested Parties form or Evidence of Exemption Form_1295_Certificate_10129462

3.pdf
If you are required under statute to submit a Disclosure of Interested Parties form (1295 form), you must do so here.

Section 6 must be completed in its entirety. Alternatively, if you are exempt under the statute, you must provide documentation affirming your exemption. (REQUIRED, see Attribute titled "DISCLOSURE OF INTERESTED PARTIES")

Page 3 of 30 ends

Additional Agreements Offeror will require Participating Agencies to sign.

No response
Upload any additional agreements offeror will require Participating Agencies here.

Texas Government Code 2270 Verification Form Complete_with_Docusign- _Texas_Gover (1).pdf
Please complete the Texas Government Code 2270 Verification Form, located on the Attachments tab, and upload the completed document here.

Diversity, HUB Certifications No response
If your firm holds a certification from certifying agencies related to M/WBE, DBE, HUB, or other diverse business designations, you may upload the certificate here. (OPTIONAL) Conflict of Interest Questionnaire CIQ (1).pdf
If a conflict exists that requires the submission of a Conflict of Interest Questionnaire (CIQ), complete and upload the document here. (REQUIRED ONLY IF A CONFLICT EXISTS, see Attribute titled "CONFLICT OF INTEREST QUESTIONNAIRE" for additional information.)
W-9 Upload W-9 Flock Safety (1).pdf
Interested offerors must upload an updated Form W-9 prior to submitting a proposal.

OMNIA Partners - Exhibit F Federal Funds Certifications Complete_with_Docusign- _Texas_Gover.pdf
Please complete the OMNIA Partners - Exhibit F Federal Funds Certifications, located on the Attachments tab, and upload the completed documents here.

OMNIA Partners - Exhibit G New Jersey Business Compliance New Jersey Business Compliance (Ex. G) 3 (1)-combined.zip
Please complete the OMNIA Partners - Exhibit G New Jersey Business Compliance forms, located on the Attachments tab, and upload the completed documents here.

TERMS & CONDITIONS ACCEPTANCE FORM
Flock Safety 25-02 Appendix B
Terms & Conditions Acceptance
Form 11-21-2024.pdf
Please complete the Terms & Conditions Acceptance Form, located on the Attachments tab, and upload the completed document here.

Customized Core List by Agency OMNIA Price list.xlsx
Provide asample of what a Core List may look like for Participating Public Agencies.

OMNIA Partners Appendix D, Exhibit A Response
Flock Safety Exhibit A Response
for National Cooperative Contract
25-02 OMNIA Partners - .pdf
Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract.

Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.

Are the units/equipment vandal resistant at or above IK08? IK08.docx

Page 4 of 30 ends

Bid Attributes
1 CONTRACT DURATION
The initial term of the Contract is for a period of three (3) years unless terminated, canceled, or extended as otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for additional terms up to two (2) years after the end of the initial term or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. In the event the proposal term, including renewals, ends before another proposal is executed, proposal prices and discounts may be extended on a month-to-month basis by mutual consent. Extensions are limited to the lesser of: a) six (6) additional monthly terms, or b) the time which is required to complete a new solicitation for the goods and services provided for in this solicitation. Notwithstanding the foregoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued within the Contract term for a period of up to one year beyond the Contract term.

I certify compliance with this attribute.
2 NAME OF INDIVIDUAL COMPLETING THIS PROPOSAL
Jennie Mac Anaspie
3 HOW MANY YEARS HAS YOUR BUSINESS OPERATED UNDER ITS PRESENT NAME 7 4 WHAT IS YOUR CURRENT NUMBER OF CUSTOMER ACCOUNTS?
5000
5 WHAT ARE YOUR BUSINESS HOURS?
Monday through Friday, 8 AM–8 PM EST or 5 AM–5 PM PST.
6 IS 30 DAYS AFTER RECEIPT OF INVOICE AN ACCEPTABLE PAYMENT SCHEDULE FOR YOUR BUSINESS?
If Yes, type "YES".

If No, describe your payment schedule in the field provided.

Yes
7 WHAT IS THE STANDARD LEAD TIME FOR RECEIPT OF PRODUCTS AFTER ORDER IS RECIEVED (ARO), IN DAYS?
Provide your answer in number of DAYS after receipt of order (ARO).

Software is provisioned upon receipt of order. Hardware install timelines depend on the permitting laws of the jurisdiction.
8 ACCOUNT MANAGER NAME
Please indicate the name of the account manager we should speak to with concerns about the products and/or services in this proposal.

Ty Moddelmog
9 ACCOUNT MANAGER EMAIL
[email protected]

Page 5 of 30 ends

1 0

ACCOUNT MANAGER PHONE
(404) 993-2200
1 1

PAYMENT REMITTANCE ADDRESS
PO Box 121923, Dallas, TX 75312-1923
1 2

PAYMENT REMITTANCE PHONE
(844) 900-0732
1 3

CONTRACT/PURCHASE ORDER/QUOTE EMAIL
Vendors may choose to have purchase orders emailed to them in PDF format in lieu of having them faxed or mailed.

To elect this option, please offer the preferred email address in the accompanying field. This email address will apply to any purchases from your company, so the use of a generic email address is suggested, such as [email protected] or [email protected]. [email protected]
1 4

CONTRACT/PURCHASE ORDER/QUOTE FAX NUMBER, IF APPLICABLE If applicable, please provide a fax number to send orders and quote requests. 1 5

REQUIRED REFERENCE QUOTE OR CONTRACT NUMBER, IF APPLICABLE Enter your quote or contract number and/or any other information our staff would need provide on the face of purchase orders in order to receive discount percentages and contract pricing.

Omnia will receive a quote number tied to its purchase orders. Once the contract is awarded, the number will be communicated.
1 6

COMPANY WEBSITE ADDRESS, IF APPLICABLE
www.flocksafety.com
1 7
HOW WERE YOU NOTIFIED OF THIS BID OPPORTUNITY?
In order to verify the efficiency of communication tools used to notify vendors of bidding opportunities, we ask that you provide us with the manner in which you received notification of this request for bid/proposal.

IONWAVE platform
1 8
REFERENCE 1
Please provide the reference of a school and/or business who have utilized the same equipment/products within the last two years. Include Company/Government name, address, contact name, and contact phone number.

University of IA Campus PD Cedar Rapids, IA Ian Mallory Detective 1 9
REFERENCE 1 EMAIL
[email protected]
2 0
REFERENCE 2
Please provide the reference of a school and/or business who have utilized the same equipment/products within the last two years. Include Company/Government name, address, contact name, and contact phone number.

Tim Larouere Director, Loss Prevention (636) 812-1461 Dierbergs Markets

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2 1
REFERENCE 2 EMAIL
[email protected]
2 2
REFERENCE 3
Please provide the reference of a school and/or business who have utilized the same equipment/products within the last two years. Include Company/Government name, address, contact name, and contact phone number.

Frank Sorgie Senior LP Manager 832-549-4591 Academy Sports 2 3
REFERENCE 3 EMAIL
[email protected]
2 4
THE U.S. STATE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED.

Georgia
2 5

RECIPROCITY
For Businesses not located in Texas: Does your state of residence or incorporation require out-of-state bidders to underbid vendors residing in your state by a prescribed amount or percentage to receive a comparable contract? If Yes, please input that percentage; If No, please leave the adjacent field blank.

No response
2 6

PARTIAL AWARD ACCEPTANCE
REGION 4 ESC retains the right to award this contract in such a manner that it receives the best overall value for the goods and/or services requested in this request for proposal or bid, which may include awarding to multiple vendors.

I understand.
2 7

PURCHASE ORDER POLICY
REGION 4 ESC purchases tangible goods and services through the use of approved Purchase Orders. Vendors are highly discouraged from sending products, and/or performing services without prior receipt of an approved District Purchase Order. While campuses and departments may call for quotes and information, please be advised the District is not obligated to pay for any services and/or products ordered via telephone or email in without the presence of a properly executed Purchase Order.

I understand.
2 8

ADDENDA NOTIFICATIONS
Any addenda to this proposal will be issued electronically through this system. It is vendor's responsibility to review addenda upon e-mailed notice and retract/amend their submission as deemed necessary. REGION 4 ESC may choose to mark a proposal received prior to the issuance of an addendum as non-responsive should REGION 4 ESC, in its sole determination, finds the addendum to be of such material change that it warrants such determination. If such proposal is found non-responsive, REGION 4 ESC will not consider the proposal for evaluation or further consideration.

I understand.
2 9 Provide equipment manufacturer, equipment types and discounts off published list price.

Flock Safety Manufacturer.
3 0 Define any freight charges.

All charges included in contract.

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3 1 Describe how Offeror responds to emergency orders.

Flock Safety does not have a process for emergency orders at this time. 3 2 What is Offeror's average Fill Rate?
N/A
3 3 What is Offeror's average on time delivery rate? Describe Offeror’s history of meeting the shipping and delivery timelines.

Flock Safety has specific installation timelines based on the type of installation taking place. The length of time for installation can take between
3 4 Describe Offeror's return and restocking policy.

In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
3 5 Describe Offeror's ability to meet service and warranty needs.

Please review Section 8 of our Terms and Conditions: https://www.flocksafety.com/terms-and-conditions 3 6 Describe Offeror's customer service/problem resolution process. Include hours of operation, number of services, etc.

Flock Safety has a support team that is able to assist with any problems. Support is able to be reached via phone or email. The Support team responds to 95% of all tickets during business hours (8am EST - 8pm EST).

Additionally, each account has a dedicated Customer Success Manager that is able to help with any issues/training/troubleshooting.
3 7 Describe Offeror's invoicing process. Include payment terms and acceptable methods of payments.

Offerors shall describe any associated fees pertaining to credit cards/p-cards.

Please see Section 6 of our Terms and Conditions: https://www.flocksafety.com/terms-and-conditions 3 8 Describe Offeror's contract implementation/customer transition plan.

We are a private company and do not disclose this information. However, we are happy to provide our DNS - 085951311
4 0 Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.

We have a customer facing help center with technical resources and how-to guides. Only accessible once an account is established with Flock. Types of support provided include phone, e-mail, chat. 4 1 Describe the Offeror’s safety record.

Our recent Safety Report showed minor issues which were remedied the day of the inspection.

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4 2 Provide a brief history of the Offeror, including year it was established and corporate office location.

Flock Safety, located at 1170 Howell Mill Road NW, Ste 210, Atlanta, GA 30318, offers public safety solutions with license plate recognition cameras and video surveillance, primarily serving law enforcement and property management. Founded in 2017 in Atlanta by Garrett Langley after a personal experience with crime, the company aims to enhance community safety. We are Flock Safety has grown significantly and is trusted by state and local agencies and communities across the U.S. Our mission is to eliminate crime and create a safer future. 4 3 Describe Offeror's reputation in the marketplace.

Flock Safety holds the position of No. 58 on the Deloitte Technology Fast 500™, a ranking of the 500 fastestgrowing companies in North America, now in its 29th year. Flock grew 2,660% over the last three years and is the fourth fastest-growing Atlanta-based company on the list. In addition to the Deloitte Fast 500, Flock Safety has been recognized in the top 4% of companies on the Inc. 5000 and named one of Georgia’s top 40 fastest-growing companies by the Atlanta Chapter of the Association for Corporate Growth® (ACG). 4 4 Describe Offeror's reputation of products and services in the marketplace.

Our growth continues to reflect the demand for our product from law enforcement and other governmental agencies.
4 5 Describe if distributors/dealers/resellers/subsidiaries/partners ("affiliates") will be used to fulfill the contract. Submit a list of those affiliates authorized to sell under the proposed contract.

Where and how does Offeror propose to maintain an authorized affiliate list so it may be accessed by Participating Agencies? How often does the supplier propose to update the affiliate list? Confirm the Offeror reviews the financial health, debarment status and overall general capacity of authorized affiliates. Offerors who us authorized affiliates are responsible for ensuring authorized affiliates are performing in accordance with the contract.

Flock Safety does not use affiliates.
4 6 Describe the experience and qualifications of key employees.

CSMs (48) with an average tenure at Flock Safety of 1.95 years, Implementation (51) with an average tenure at Flock Safety of 1 year, Sales (149) with an average tenure at Flock Safety of 1.36 years, Support (11) with an average tenure at Flock Safety of 1.39 years
4 7 Describe Offeror's experience working with the government sector.

For each Customer, Flock will work with the customer to map out the locations of each camera. This map will be shared with the Customer for approval to ensure it is meeting expectations for the customer. Next, all locations will go through Permitting with Flock prior to installation. Field Technicians will come onsite to install all cameras. Once this is complete, the Customer Success Manager will train the end users to ensure the Customer is aware of how to use Flock Safety.
4 8 Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
2024 - 1)A Complaint was filed against Flock Group Inc by Jhostin Quinones, a former employee, alleging that his employment with Flock was terminated because he complained about sexual harassment. His claim is based on his view that requests to be on camera, during a team meeting, were sexual in nature. Flock disputes the claim, has timely filed its answer and is vigorously defending the matter. 2)A Complaint was filed in US District Court, Eastern District of North Carolina, against PHD Energy and Flock Group Inc (“Flock”) by the Phoenix Insurance Company, the insurance company for East West who performs manufacturing and assembly of Flock cameras, alleging negligence by Flock, in particular, that Flock failed to exercise reasonable care with respect to its manufacturing instructions and directions provided to East West regarding the assembly of Flock cameras at East West facilities.

Flock disputes the claim, has timely filed its answer and is vigorously defending the matter.

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4 9 Provide Offeror's expertise in working with public sector and understanding of the unique technical regulatory requirements.

Flock Safety is an all-in-one technology solution that helps law enforcement, K-12 schools, and Universities work together with cities, businesses, and schools to eliminate crime and keep communities safe. Our intelligent platform equips end users with the power of technology at scale to solve more crime and shape a safer future together. Our full-service, maintenance-free technology solution is trusted by more than 5,000 communities across the country to help solve and deter crime in the pursuit of safer communities for everyone. With our robust number of Customers, this has allowed us to navigate all technical and regulatory requirements to assist customers. 5 0
Indicate if Offeror is licensed to do business in all 50 states.

Yes
No
5 1 Value Add - Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.

Advanced Vehicle Identification: Flock cameras capture high-quality license plate images, enabling detailed searches beyond just plate numbers, including vehicle make, model, color, and even partial plate details.

Community Engagement: Flock Safety encourages community participation by allowing residents to register their own vehicles to be excluded from alerts, fostering trust and minimizing false positives. Real-time Alerts: When a flagged vehicle enters a monitored area, immediate alerts are sent to law enforcement, enabling proactive response to potential criminal activity. Data Analysis and Insights: The platform provides analytics to identify crime patterns and trends, helping law enforcement strategically allocate resources. 5 2 Include a per diem rate.

N/A
5 3 For Non-Normal Working Hours, indicate if there is a minimum charge of hours and what the number of hours is.

Currently, we do not provide 24/7 support. However, our technical support team is available Monday through Friday, from 8:00 AM to 8:00 PM EST, with a commitment to respond to all tickets within one hour. To ensure the success of this project, we are open to discussing potential expansions to our support offerings as needed. 5 4 Is pricing available for all products and services? Yes
5 5 Describe any shipping charges (where applicable).

N/A
5 6 Provide pricing for warranties on all products and services.

N/A - pricing is inclusive
5 7 Describe any return or restocking fees.

In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
5 8 Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.

None currently

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5 9 Describe how customers verify they are receiving Contract pricing.

Flock Safety’s products are fixed price and tied to the contract's pricing list. 6 0 Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category
discounts should not change over the term of the Contract.

Annual updates
6 1 Describe how future product introductions will be priced and align with Contract pricing proposed.

Depending on the product, it would align with current pricing strategy to align with the contract. 6 2 Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.

Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

N/A
6 3 Minority Women Business Enterprise Certification
If yes, list certifying agency.

No
6 4 Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Certification If yes, list certifying agency.

No
6 5 Historically Underutilized Business (HUB) Certification If yes, list certifying agency.

No
6 6 Historically Underutilized Business Zone Enterprise (HUBZone) Certification If yes, list certifying agency.

No
6 7 Other recognized diversity certificate holder
If yes, list certifying agency
No
6 8 Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners.

Include a list of current cooperative contracts (regional and national) Offeror holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

We are on a few other cooperatives. The TX DIR, NASPO Cloud, and a handful of smaller cooperatives. As an organization our goal is to streamline our processes as much as possible, while also providing the procurement options that our customers are requesting. OMNIA is a frequent request. We anticipate leveraging the Master Agreement as our cooperative of choice.

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6 9 Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions.

Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.

Yes
No
7 0 Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners.

All sales materials are to use the OMNIA Partners logo. At a minimum, the Offeror's sales initiatives should communicate:

Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency Best government pricing
No cost to participate
Non-exclusive
Yes
No
7 1 Confirm Offeror will train its national sales force on the Master Agreement. At a minimum, sales training should include:

Key features of Master Agreement
Working knowledge of the solicitation process
Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners Knowledge of benefits of the use of cooperative contracts Yes
No
7 2 Provide the name, title, email and phone number for the person(s), who will be responsible for:

Executive Support
Marketing
Sales
Sales Support
Financial Reporting
Accounts Payable
Contracts
Ty Moddelmog, Chief of Staff to the CRO, 404-993-2200 [email protected] 7 3 Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.

The sales organization is segmented into teams focusing on State and large municipal agencies (DPS, DOE, DOT, Dallas, Houston, etc), universities and local schools, small to midsize governments, commercial businesses, and homeowners associations. Our CRO, Alex Latraverse, heads the Revenue Team. His email is [email protected].

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7 4 Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.

Flock Safety has a comprehensive strategy for sales, order processing, and support to Omnia's customers. Our marketing team will leverage a variety of mediums and events to promote our solutions and the contract vehicle to agencies. The sales organization targets state and local agencies, K-12 schools and universities, homeowners associations, and commercial businesses, to educate and provide proposals for our solutions.Our marketing team will focus on the following activities: Publish content on our website and create landing pages for the targeted agencies. Publish sponsored content in trade publications to promote the success of our solutions agencies.

Subscribe to digital advertising including re-targeting. Advertise in trade publications Provide recurring direct mail and email campaigns Social media content Provide custom email signature tagsOur marketing and sales teams will work together on the following activities: Provide booths and speaking engagements at industry events Provide webinars hosted by Flock as well as third-parties such as trade publications Provide Flock-hosted offline events 7 5 Explain in detail how Offeror will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.

Flock Safety’s strategy to market our solutions to the Agencies that are able to leverage this TX DIR contract vehicle includes the following. Our marketing team will focus on the following activities: Publish content on our website and create landing pages for the targeted agencies. Publish sponsored content in trade publications to promote the success of our solutions by TX agencies. Subscribe to digital advertising including re-targeting.

Advertise in trade publications Provide recurring direct mail and email campaigns Social media content Provide custom email signature tags Our marketing and sales teams will work together on the following activities: Provide booths and speaking engagements at industry events Provide webinars hosted by Flock as well as third-parties such as trade publications Provide Flock-hosted offline events Flock will create an annual marketing plan to communicate our solutions to the targeted agencies and update the plan regularly to ensure our success on the TX DIR contract.
7 6 State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier's top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.

We do not provide this information.
7 7 Year 1 - Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement ("Guaranteed Contract Sales").

To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $0
7 8 Year 2 - Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $0
7 9 Year 3 - Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. $0

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8 0 Please download and thoroughly review the Scope of Work, located on the Attachments Tab. Indicate your review and acceptance.

Yes
8 1 Oral Communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.

Yes
8 2 Please download and thoroughly review the Terms and Conditions, located on the Attachments Tab.

Indicate your review and acceptance.

Yes
8 3 Products/Pricing - Upload on Response Attachments Tab i. Offerors shall provide pricing based on coefficient pricing completing Appendix D; or on a discount from a manufacturer’s or other price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Discounts proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum the Awarded Offeror must hold the proposed price list firm for the first 12 months after the contract award. Offerors may elect to limit their proposals to any category or categories. ꞏ Complete the applicable Pricing information
o Provide equipment manufacturer, equipment types and discount off published list price. o Define any freight charges.
o Provide classifications of labor with billable rates for each respondent’s office(s), territories or district(s) along with any sub-office pricing as required. Each of these labor classification rates shall be fully burdened, defined and will be set for Normal Working Hours and Non-Normal Working Hours. Sub-contractor labor shall not be recognized.

Each respondent shall determine their sub-contractor’s labor rate as a prime labor classification. For example, an electrician’s labor rate shall be calculated based on the respondent’s sub-contractor’s labor billable rate plus respondent’s normal margins on sub-contractor labor. Labor classification shall be provided in the response. o If using coefficient pricing, the Normal Working Hours and Non-Normal Working Hours for tasks identified in the Scope of Work shall use a benchmark against an established data set (e.g.; RSMeans or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have a coefficient of labor against an established data set (e.g.; RSMeans or others) city cost index by each respondent’s office(s), territories or district(s) to determine effectiveness of providing these tasks. Offerors using coefficient pricing will complete Appendix D.

Federal Funding Pricing: Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may be applied, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit F.
8 4 Not to Exceed Pricing
Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.
8 5 Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

We are not a distributor nor do we maintain a retail network.

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8 6 Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide,
to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days Flock Safety has a comprehensive strategy to provide OMNIA customers with sales, order processing, and support. It all starts with our marketing team, who will leverage a variety of mediums and events to promote our solutions to agencies. We follow up with our sales organization, which targets state and local agencies, K-12 schools and universities, homeowners associations, and commercial businesses, to educate and provide proposals for our solutions. The sales organization is segmented into teams focusing on State and large municipal agencies, Universities, local schools, small to midsize governments, commercial businesses, and homeowners associations. We leverage technology to facilitate streamlined order processing for the best customer experience.

Our CRM provides electronic proposals, and we leverage DocuSign to make contract management easier. Our finance team works with Sales and Customer Success to ensure the required documents are all initiated and maintained orderly. Flock Safety owns the installation process, including device mapping, location permitting, installation, and optimization. This one-source alignment lets the customer get the best value out of the cameras, with experts included from start to finish. Our Customer Success team is responsible for working with customers to ensure they get great support from Flock Safety. It is their responsibility to ensure the customers are successfully adopting the solutions and supporting them if any issues arise, including, but not limited to, training, onsite meetings, etc. They are their main point of contact with Flock and provide regular business review meetings to ensure the customers are satisfied. We measure customer satisfaction regularly.

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8 7 Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners Days 0 - 30: We will enable our entire GTM team (including Sales and Success across all Public Sector Verticals) on how to transact on OMNIA and how to work with customers’ buyers and procurement professionals to guide them from quote to cash. We will accomplish the following activities in the next 90 days to ensure a successful rollout of the partnership: Flock will enable our entire Public Sector GTM team (including Sales, Success, DealOps, and PreSales) on how to transact on OMNIA and how to work with customers’ buyers and procurement professionals to guide them from quote to cash. Flock will equip our CRM and Q2C platforms to produce quotes that comply with OMNIA standards and ensure that our entire GTM team is enabled on how to create said quotes.

We will create a mechanism to track OMNIA deal volume on an ongoing basis We will ask all sales reps to reach out to their account base to inform customers of the partnership. We will flag existing contracts that will be up for renewal over the award dates of our MSA and work with customers to determine if they can renew on the OMNIA contract. Our website will be available with the required support and tools to make the process smooth and include the requested items: • OMNIA Partners standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to OMNIA Partners’ website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners 8 8

GENERAL TERMS AND CONDITIONS
Respondent agrees to comply with the Contract and General Terms and Conditions provided as an attachment to this online bid event. Any deviations to the Contract and General Terms and Conditions may be provided using the procedures set forth in the attribute pertaining to deviations.

I certify compliance with this attribute.
8 9

DEVIATIONS TO TERMS AND CONDITIONS
Any Deviation from the RFP documents, including the General Terms and Conditions, Notice to Offeror, or any other document presented with terms for consideration by the proposer MUST be documented and presented on the Deviation Form and attached to this electronic bid event via an electronic upload to the "Response Attachments" tab. In addition to indicating the requested deviations on the form, additional pages may be provided to more thoroughly explain each deviation listed on the Deviation Form.

I certify compliance with this attribute.

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9 0

FELONY CONVICTION NOTIFICATION
State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into an agreement with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”.

Subsection (b) states “a school district may terminate the agreement with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a), or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract”.

Subsection (c) states “this section does not apply to a publicly held corporation”.

Use the list of values associated with this item to identify your status as it relates to this legal requirement.

Non-Felon - person/owner IS NOT a convicted felon
9 1

NAME OF FELON AND NATURE OF FELONY, IF APPLICABLE
If response to previous attribute was "Felon - person/owner IS a convicted felon", vendor shall give the name of the felon and details of conviction.

If you did not answer "Felon - person/owner IS a convicted felon" in the previous question, type "N/A" in the respective field.

N/A
9 2

CRIMINAL HISTORY RECORDS REVIEW OF CERTAIN CONTRACT EMPLOYEES Texas Education Code Chapter §22.0834 requires that criminal history records be obtained regarding covered employees of entities that contract with a school entity in Texas to provide services for that school entity (“Contractors”) and entities that contract with school entity contractors (“Subcontractors”). Covered employees with disqualifying criminal histories are prohibited from serving at a school entity. Contractors/Subcontractors contracting with a school entity shall (1) maintain compliance with the requirements of Texas Education Code Chapter 22 to the school entity; and (2) require that each of their subcontractors complies with the requirements of Texas Education Code Chapter 22. Contractors performing work at a school entity in Texas must comply with these statutes.

Compliance includes providing or causing employees and sub-contractor employees to provide requested information and fingerprinting upon request.

Covered employees: Employees of a Contractor/Subcontractor who have or will have continuing duties related to the service to be performed at a school entity and have or will have direct contact with students. The school entity will be the final arbiter of what constitutes continuing duties and direct contact with students at their school.

I certify compliance with this attribute.
9 3 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION Businesses that have been certified by the Texas Building and Procurement Commission (TBPC) or other qualified agency as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this proposal invitation. The electronic catalogs will indicate HUB certifications for vendors that properly indicate and document their HUB certification on this form.

Select one of the available options:

OPTION A: My business has NOT been certified as HUB.

OPTION B: I certify that my business has been certified as a Historically Underutilized Business (HUB), and I have/will upload the certification information into the "Response Attachments" Tab located in this online bidding event.

OPTION A - Not HUB

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9 4

DISCLOSURE OF INTERESTED PARTIES
Texas state law requires the Disclosure of Interested Parties be filed with a public entity, including regional service centers and school districts, for any contract which:
(1) requires an action or vote by the governing body; or (2) has a value of $1 million or more; or
(3) for any services provided that would require an individual to register as a lobbyist under TX Gov’t Code Chapter 305.

NOTE: This form is not required if the vendor is a publicly-traded business entity, including a wholly-owned subsidiary of the business entity (a company in which ownership is dispersed among the general public via shares of stock which are traded via at least one stock exchange or over-the-counter market).

If you are required by law to submit this form, it must be completed online at the Texas Ethics Commission website.

Obtain a numbered certificate and click the link below to access the instructions and to complete this required form.

Upon completion, vendors required to submit the form must attach it to the proposal via the "Response Attachments" Tab.

Click here to complete the form on the Texas Ethic Commission's 1295 Form webpage.

Please note: The District must verify receipt of all required 1295 forms received within 30 days on the Texas Ethics Commission website. This verification does not indicate a contract award. Contract awards will be issued via direct communication from the AISD Purchasing Department. A contract requiring a Disclosure of Interested Parties form is voidable at any time if:
(1) the governmental entity or state agency submits to the business entity written notice of the business entity's failure to provide the required disclosure; and
(2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice.

IF UNDER LAW YOU ARE EXEMPT FROM SUBMITTING THIS 1295 FORM, PROPOSERS MUST SUBMIT A DOCUMENT THAT SHOWS PROOF OR PROVIDES EXPLANATION OF THIS EXEMPTION.

THE FOLLOWING CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS OF TEXAS DISCLOSURE OF INTERESTED PARTIES LAWS:
• a sponsored research contract of an institution of higher education; • an interagency contract of a state agency or an institution of higher education; • a contract related to health and human services if:
• the value of the contract cannot be determined at the time the contract is executed; and • any qualified vendor is eligible for the contract;
• a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity; • a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or • a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.

I certify compliance with this attribute.

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CONFLICT OF INTEREST QUESTIONNAIRE
Region 4 Education Service Center (Region 4) is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any vendor who does business with Region 4 or who seeks to do business with Region 4 must fill out the new Conflict of Interest Questionnaire (CIQ) if a conflict of interest exists. A conflict of interest exists in the following situations:
1) If the vendor has an employment or other business relationship with a local government officer of Region 4 or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or 2) If the vendor has given a local government officer of Region 4, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or
3) If the vendor has a family relationship with a local government officer of Region 4. “Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7). “Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).
“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a). “Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

Individuals serving as a Member of the Board of Directors, the Executive Director, Cabinet Members, and other local government officers may be found at: https://www.esc4.net/about/about-region-4.

For additional information on Conflict of Interest Questionnaire, and the statutes that mandate it, please visit the following links:

Texas Local Government Code, Section 176
Texas House Bill 23
A blank Conflict of Interest Questionnaire is available by clicking:
https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

If your firm is required to return a completed Conflict of Interest Questionnaire with your proposal submission, use the "Response Attachments" Tab to upload the completed document.

I certify compliance with this attribute.

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9 6

ENTITITES THAT BOYCOTT ISRAEL
Pursuant to Chapter 2271 of the Texas Government Code, the Respondent hereby certifies and verifies that neither the Respondent , nor any affiliate, subsidiary, or parent company of the Respondent , if any (the “Respondent Companies”), boycotts Israel, and the Respondent agrees that the Respondent and Respondent Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

EXCEPTIONS: Clause only applies to contracts and contractors that meet the following criteria: (i) Respondent is not a sole proprietorship; (ii) with 10 or more full-time employees; and (iii) with a contract to be paid a value of $100,000 or more wholly or partially from public funds of the governmental entity.

I certify compliance with this attribute.
9 7

FOREIGN TERRORIST ORGANIZATIONS
Section 2252.152 of the Texas Government Code prohibits Region 4 ESC from awarding a contract to any person who does business with Iran, Sudan, or a foreign terrorist organization as defined in Section 2252.151 of the Texas Government Code. Respondent certifies that it not ineligible to receive the contract.

I certify compliance with this attribute.
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FIREARMS ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION Respondent verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Region 4 ESC.

APPLICABILITY: This clause applies only to a contract that: (1) is between a governmental entity and a company with at least 10 full-time employees; and (2) has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity.

EXCEPTIONS: This clause is not required when a state Agency: (1) contracts with a sole-source provider; or (2) does not receive any bids from a company that is able to provide the written verification required by Section 2274.002(b) of the Texas Government Code.

I certify compliance with this attribute.
9 9

ENERGY COMPANY BOYCOTT PROHIBITED
Respondent represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Region 4 ESC.

EXCEPTIONS: Clause only applies to contracts and contractors that meet the following criteria: (i) a “company” within the definitions of Section 2274.001(2) of the Tex. Gov’t Code; (ii) with 10 or more full-time employees; and (iii) with a contract to be paid a value of $100,000 or more wholly or partially from public funds of the governmental entity.

I certify compliance with this attribute.
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0 CRITICAL INFRASTRUCTURE AFFIRMATION
Pursuant to Government Code Section 2274.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.

EXCEPTION: Clause only applies to solicitations and contracts in which the contractor would be granted direct or remote access to or control of critical infrastructure, as defined by Section 2274.0101 of the Texas Government Code, in this state, other than access specifically allowed for product warranty and support purposes.

The Governor of the State of Texas may designate countries as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code.

Agencies should promptly add any country that is designated by the Governor to this clause.” I certify compliance with this attribute.

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1 OPEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:

OPTION A: We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

OPTION B: We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act and these requested exemptions are uploaded into the "Response Attachments" Tab located in this online bidding event.
(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt.

In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confidential and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.) OPTION A - No proprietary information
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2 CONSENT TO RELEASE PROPOSAL TABULATION
Notwithstanding anything explicitly and properly declared as Confidential or Proprietary Information to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the District may publicly release, including posting on the public Region 4 ESC and/or OMNIA Partners website(s), a copy of the proposal tabulation for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), unit price(s), hourly labor rate(s), or other specified pricing; and Vendor award notice information.

I certify compliance with this attribute.

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3 CONTRACTING INFORMATION
If Vendor is not a governmental body and
(a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by REGION 4 ESC; or
(b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by REGION 4 ESC in a fiscal year of REGION 4 ESC, the following certification shall apply; otherwise, this certification is not required.

As required by Tex. Gov’t Code § 552.374(b), the following statement is included in the RFP and the Agreement (unless the Agreement is
(1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or
(3) proceeds from which are used to pay debt service of a public security of loan):
“The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to REGION 4 ESC for the duration of the Agreement; (2) promptly provide to REGION 4 ESC any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of REGION 4 ESC; and (3) on completion of the Agreement, either
(a) provide at no cost to AISD all contracting information related to the Agreement that is in the custody or possession of Vendor, or
(b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to REGION 4 ESC.

I certify compliance with this attribute.
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4 ANTI-TRUST CERTIFICATION STATEMENT
Vendor affirms under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and
(4) Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

I certify compliance with this attribute.
1 0
5 FEDERAL RULE (A) - CONTRACT TERM VIOLATIONS
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR §200.320), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by Region 4 ESC, Region 4 ESC reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

I certify compliance with this attribute.

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6 FEDERAL RULE (B) - TERMINATION CONDITIONS
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when federal funds are expended by REGION 4 ESC, REGION 4 ESC reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to:
(1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation; (4) to the greatest extent authorized by law, if an award no longer effectuates the program goals or priorities of the Federal awarding agency or REGION 4 ESC. REGION 4 ESC also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if REGION 4 ESC believes, in its sole discretion that it is in the best interest of REGION 4 ESC to do so. The vendor will be compensated for work performed and accepted and goods accepted by REGION 4 ESC as of the termination date if the contract is terminated for convenience of REGION 4 ESC. Any award under this procurement process is not exclusive and REGION 4 ESC reserves the right to purchase goods and services from other vendors when it is in the best interest of REGION 4 ESC.

I certify compliance with this attribute.
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7 FEDERAL RULE (C) - EQUAL EMPLOYMENT OPPORTUNITY
(C) Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-

1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” It is the policy of REGION 4 ESC not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or disabling conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.

Pursuant to Federal Rule (C) and the requirements stated above, when federal funds are expended by REGION 4 ESC on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

I certify compliance with this attribute.

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8 FEDERAL RULE (D) - DAVIS BACON ACT/COPELAND ACT
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by REGION4 ESC, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

I certify compliance with this attribute.
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9 FEDERAL RULE (E) - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (E) (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

I certify compliance with this attribute.
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0 FEDERAL RULE (F) - RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (F)If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

I certify compliance with this attribute.

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1 FEDERAL RULE (G) - CLEAN AIR ACT/FEDERAL WATER POLLUTION CONTROL ACT (G) The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

Pursuant to Federal Rule (G) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

I certify compliance with this attribute.
1 1
2 FEDERAL RULE (H) - DEBARMENT AND SUSPENSION
(H) (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas.

Vendor shall immediately provide written notice to REGION 4 ESC if at any time the vendor learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

REGION 4 ESC may rely upon a certification of a vendor that the vendor is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless REGION 4 ESC knows the certification is erroneous.

I certify compliance with this attribute.

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3 FEDERAL RULE (I) - BYRD ANTI-LOBBYING AMENDMENT
(I) (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term and after the awarded term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd AntiLobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

I certify compliance with this attribute.
1 1
4 FEDERAL RULE (J) - PROCUREMENT OF RECOVERED MATERIALS (J) When federal funds are expended by REGION 4 ESC, REGION 4 ESC and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Pursuant to Federal Rule (J) above, when federal funds are expended REGION 4 ESC, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

I certify compliance with this attribute.

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5 FEDERAL RULE (K) - PROHIBITION ON CERTAIN TELECOM AND SURVEILLANCE SERVICE AND

EQUIPMENT
(K) Region 4 ESC, as a non-federal entity, is prohibited from obligating or expending Federal financial assistance, to include loan or grant funds, to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain, or (3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system. Covered telecommunications equipment is telecommunications equipment produced Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and physical security surveillance of critical infrastructure and other national security purposes, and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes detailed in 2 CFR § 200.216.

The Respondent certifies that it will not purchase equipment, services, or systems that use covered telecommunications, as defined herein, as a substantial or essential component of any system, or as critical technology as part of any system.

I certify compliance with this attribute.
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6 FEDERAL RULE (L) - BUY AMERICAN PROVISIONS
(L) As appropriate and to the extent consistent with law, REGION 4 ESC has a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, including but not limited to iron, aluminum, steel, cement, and other manufactured products, when spending federal funds. Vendor agrees that the requirements of this section will be included in all subawards including all contracts and purchase orders for work or products under this award, to the greatest extent practicable under a Federal award. Purchases that are made with non-federal funds or grants are excluded from the Buy American Act.

Vendor certifies that it is in compliance with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must still follow the applicable procurement rules calling for free and open competition.
“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

I certify compliance with this attribute.
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7 FEDERAL RULE - REQUIRED AFFIRMATIVE STEPES FOR SMALL, MINORITY, AND WOMEN-OWNED

FIRMS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS
When federal funds are expended by REGION 4 ESC, Vendor is required to take all affirmative steps set forth in 2 CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including:
1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

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8 FEDERAL RULE - FEDERAL RECORD RETENTION
When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.334. The vendor further certifies that vendor will retain all records as required by 2 CFR §200.334 for a period of five (5) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Vendor agrees that REGION 4 ESC, Inspector General, Department of Homeland Security, FEMA, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor, and its successors, transferees, assignees, and subcontractors that are directly pertinent to the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Vendor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Contract.

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9 FEDERAL RULE - PROFIT NEGOTIATION
For purchases using Federal funds in excess of $250,000, REGION 4 ESC may be required to negotiate profit as a separate element of the price. (See 2 CFR 200.324(b)).

When required by REGION 4 ESC, Vendor agrees to provide information relating to profitability of the given transaction and itemize the profit margin as a separate element of the price.

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0 FEDERAL RULE - SOLID WASTE DISPOSAL ACT
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Sold Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceed $10,000; procuring sold waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014.) Pursuant to this federal rule, when federal funds are expended by REGION 4 ESC, the vendor certifies that during the term of all contracts resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in this paragraph.

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1 APPLICABLITY TO SUBCONTRACTORS
Vendor agrees that all contracts it awards pursuant to this procurement action shall be bound by the terms and conditions of this procurement action.

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1 2
2 COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When REGION 4 ESC expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

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3 INDEMNIFICATION
Acts or Omissions
Vendor shall indemnify and hold harmless Region 4, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract.

Infringements
a) Vendor shall indemnify and hold harmless Region 4 and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES.
b) Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement.
c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor’s sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing.

Taxes/Workers’ Compensation/Unemployment Insurance – Including Indemnity a) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR’S AND VENDOR’S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT.

VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS’ COMPENSATION. THE CUSTOMER AND/OR REGION 4 SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR

OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
b) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, REGION 4 AND/OR THEIR

EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS’ FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION IN

ITS PERFORMANCE UNDER THIS CONTRACT, VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES.

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4 EXCESS OBLIGATIONS PROHIBITED
Proposer understands that all obligations of Region 4 ESC under the contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the contract may be terminated by Region 4 ESC.

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5 SUSPENSION AND DEBARMENT
Respondent certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the contract by any state or federal agency.

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6 CHANGE IN LAW AND COMPLIANCE WITH LAWS
Proposer shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the contract to the Region 4 ESC, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the contract. Region 4 ESC reserves the right, in its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to incorporate any modifications necessary for compliance with all applicable state and federal laws, regulations, requirements and guidelines.

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November 21, 2024
Omnia Partners,
We appreciate the opportunity to bid on this project. Based on the needs shared with us, we are confident we can deliver products and services to help your clients deter, reduce, and solve crime.

We started Flock Safety in 2017 as concerned citizens applying our skills in electrical engineering and software development to help our neighborhoods solve property crime. Since that time, we have partnered with sheriffs, chiefs of police, command staff, city councils, business leaders, schools and universities, and other concerned neighbors – like ourselves – from all across the country.

There is a strong desire from all stakeholders in our communities to work together to eliminate crime. We believe with the right technology, hard-working officers and transparent community engagement, we can make a serious impact on crime.

Our approach is working across the country today – in more than 5,000 cities across 49 states, in partnership with thousands of law enforcement agencies. Weʼre seeing Flock Safetyʼs technology used to reduce crime; return kidnapping victims safely to their families, take illegal weapons off the streets, and return stolen property valued in the tens of millions. This progress gives renewed energy to create trust between law enforcement and the communities they serve.

Moreover, Flock Safety always holds privacy, transparency and accountability as a primary directive, embedding each in our products and services, now and in the future.

We want the clients you serve to see the same success:
•Using the latest, most advanced technology to capture objective evidence and solve crimes;
•Building mutual partnerships between your law enforcement agency and the community you serve; and
•Having a local team of Flock Safety reps dedicated to serving the community alongside them.

If Flock Safety is awarded your business, Flock Safety will work with Omnia Partners to find mutual terms satisfying both parties.
1 Together, we can eliminate crime and shape a safer future.

Thank you,
Garrett Langley
Founder and CEO
2 Table of Contents
Company Overview 5
History 6
Mission 6
Why Flock Safety? 6
Executive Summary 8
Scope of Partnership 8
Overview of Flock Safetyʼs Suite of Products and Solutions 9 FlockOS® 911 10
Product Details 10
License Plate Recognition LPR 10
Flock Safety Falcon® 12
Flock Safety Falcon® LR Long Range) 13
Flock Safety Falcon® SR 14
Flock Safety Falcon Flex™ 15
Flock Safety Wing® LPR 16
Live Video - Condor 17
Flock Safety Condor PTZ Camera 18
Flock Safety Condor Fixed Camera 19
Live Video - Flock Safety Wing® 21
Audio Detection 22
Software 23
Flock Safety Aerodrome 28
Analytics 28
Service and Support 30
FlockOS® Community Tier 31
FlockOS® Essentials Tier 32
FlockOS® Advanced Tier 33
FlockOS® Elite Tier 35
Enhanced LPR Package 37
FlockOS® 911 39
Features include: 39
Organizational Structure 41
Security and Privacy Compliance 43
SOC 3 44
SOC 2 Type 2 44
Cloud Security Allianceʼs CAIQ 44
NIST Cybersecurity 44
3 CJIS 44
Service and Support 44
Pricing/Quote 45
Summary 45
4 Company Overview
Flock Safety is an all-in-one technology solution that helps law enforcement work together with cities, businesses, and schools to eliminate crime and keep communities safe.

Our intelligent platform equips law enforcement with the power of technology at scale to solve more crime and shape a safer future together. Our full-service, maintenance-free technology solution is trusted by more than 5,000 communities across the country to help solve and deter crime in the pursuit of safer communities for everyone.

Join thousands of agencies reducing crime with Flock Safetyʼs public safety operating system.
5 History
Flock Safety focuses on public safety solutions within the security and surveillance industry.

We offer license plate recognition cameras, video surveillance, and software platforms designed to enhance community safety by providing unbiased evidence collection and crime-solving tools. Flock Safetyʼs products are primarily utilized by sectors like law enforcement, education and property management.

Mission
Our core mission centers around fostering safer communities by providing cutting-edge technology solutions for crime detection and prevention. The primary objective is empowering neighborhoods, businesses and law enforcement agencies with advanced, non-invasive security systems that enhance public safety and deter criminal activities. We leverage innovative technologies, like Automatic License Plate Readers ALPRs and data analytics, helping create a safer environment for everyone.

Explore more information on case studies, customer stories, how-to-guides, webinars and other information on how to make your community safer here.

Why Flock Safety?
Detect/Decode/Deliver
As a law enforcement agency, you are likely looking to multiply your force in an efficient, cost-effective manner. We have the end-to-end solution for your needs. We help you build powerful evidence via our LPR and live video products, giving you the tools and intelligence you need to make progress on improving the safety and security of your community and assets.

We believe we have a competitive advantage over other companies offering a similar kind of product. Our mission of creating safer communities drives every aspect of our business.

Every customerʼs experience is a result of owning that responsibility; from regularly bringing innovations to market addressing new threats in the field to frictionless access to the evidence and analysis that helps close a case.

We are the sole manufacturer and developer of our ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing and machine vision services that integrate with the Flock Safety ALPR Camera.
6 A Better Solution
24/7 Community Coverage: Flock is working when you are not. Our solutions are powered by AI and Machine Learning ML technology. We give you detailed information and unbiased evidence to make your case and solve the crime.

Streamline Solution: By choosing Flock Safety, you have a turnkey solution - including hardware, software and maintenance for all License Plate Readers LPRs, Audio, Video and Real-Time Intelligence. There is only one vendor relationship responsible for managing all your public safety intelligence needs.

Network of Cameras: Not only do we place cameras where you need them; we offer access to available cameras in your community and beyond your jurisdiction.

A Better Process
Weʼve built our solutions based on the challenges law enforcement faces today. We are with you from the sale through training and post-implementation support. We manage equipment integrity and performance, all maintenance and service. If there is a problem, we own and fix it.

Scale to Fit Your Needs: Easily expand and grow your footprint based on your ever-changing needs. As the concerns of your community change or as the budget increases, your coverage and capabilities can expand with Flockʼs platform.

Better Relationships
Many of our employees have worked in law enforcement and know what it means to be in your shoes. You will work with experts who understand what will work for you and what wonʼt.

They are invested in your success and keeping your state a safe, secure place to live, work and travel.

A Team of Experts: You receive Flockʼs full-service support including:
● City-wide coverage mapping
● Installation
● Maintenance
● External Affairs support
● Education and training for your agency
Our suite of services ensure you have everything required to successfully meet your objectives. Stop wasting valuable time hunting for evidence. Our expansive coverage of connected communities, powered by public and private partnerships give you more data and opportunities to solve crime. Flockʼs platform brings you the power of intelligent evidence, at scale.

Choose a Trusted Partner: Rest easy knowing we design our solutions for secure, responsible use, including various user permissions, usage audit capabilities and limited data 7 retention.

You own 100% of collected footage - we never share or sell your data with third parties. Our commitment to privacy, transparency and ethical approach to innovation is why communities and local governments prefer Flock Safety.

Executive Summary
Scope of Partnership
Flock Safety is an all-in-one technology solution that helps law enforcement, K12 schools, and Universities work together with cities, businesses, and schools to eliminate crime and keep communities safe. Our intelligent platform equips end users with the power of technology at scale to solve more crime and shape a safer future together. Our full-service, maintenance-free technology solution is trusted by more than 5,000 communities across the country to help solve and deter crime in the pursuit of safer communities for everyone.

Flock Safetyʼs strategy to market our solutions to the Agencies that are able to leverage this TX DIR contract vehicle includes the following. Our marketing team will Focus on the following activities:
● Publish content on our website and create landing pages for the targeted agencies.
● Publish sponsored content in trade publications to promote the success of our solutions by TX agencies.
● Subscribe to digital advertising including re-targeting. ● Advertise in trade publications
● Provide recurring direct mail and email campaigns
● Social media content
● Provide custom email signature tags
Our marketing and sales teams will:
● Provide booths and speaking engagements at industry events ● Provide webinars hosted by Flock as well as third-parties such as trade publications
● Provide Flock-hosted offline events
8 Overview of Flock Safetyʼs Suite of Products and Solutions Flock Safety is an all-in-one technology solution helping law enforcement work together with cities, businesses, and schools to eliminate crime and keep communities safer. Our intelligent platform equips law enforcement with technology at scale to solve more crime and shape a safer future together. The platform includes:

Flock Safety Falcon® LPR Camera Suite
Our range of fixed and location-flexible devices, revolutionizes law enforcement response and investigations by offering Vehicle Fingerprint® data, real-time alerts, searchable evidence, and analytics across diverse roadways and use cases.

Flock Safety Condor™ Live Video
A subscription-based, maintenance-free hardware solution for law enforcement agencies looking to bolster their situational awareness and operational efficiency.

With Condor's high-resolution live and recorded footage, coupled with AI enhancements, law enforcement can improve response strategies, enhance safety, and accelerate case resolutions.

Wing
Our full-service subscription video integration allows law enforcement agencies to integrate existing live video cameras (owned by the department or private community members) into FlockOS®, without having to manage the setup, installation, or upkeep.

Dramatically increase your LPR investment's effectiveness by layering live video's power in a centralized operational view in FlockOS.

Flock Safety Raven®
Raven is a subscription-based audio event detection, localization, and notification solution consisting of a network of audio sensors, machine learning algorithms, and cloud-based software. Using a network of low-power, infrastructure-free devices to cover a target area, Flock Safety Raven® can detect when and where gunshots or fireworks occur, alert local law enforcement in under 60 seconds. This contextual information directs them to where incidents occurred so they can make informed decisions about how to respond, and move rapidly to preserve evidence, help victims, and apprehend suspects.

FlockOS®
A public safety platform that unifies first and third-party data across video, LPR and audio to deliver real time intelligence. The cloud-based platform is a set of fully integrated solutions that “Detect,ˮ “Decode,ˮ and “Deliverˮ evidence to the right person, at the right time. Omnia 9 Partnerʼs clients can centralize their technology suite to monitor multiple locations, campuses or neighborhoods in one place.

FlockOS® 911
The FlockOS 911 software experience allows users to tune into real-time 911 audio and visual media directly within our platform. Users efficiently filter 911 calls via geolocation, ensuring first patrol officers only see and hear calls within their patrol radius. Additionally, in collaboration with Prepared 911, dispatchers and patrol officers can now receive live video, photos, and texts from emergency scenes via the 911 caller, granting unparalleled situational awareness sourced, in part, by citizens.

Flock Safety Aerodome Drones
Flock Safety Aerodome has developed a fully remote, automated, multi-station, and drone DFR platform capable of providing air support for any service call within three minutes. The Aerodrome software enables teleoperators to deploy a strategically positioned drone to a call for service with a single button click from a centralized, remote location (an average of 86 seconds).

Its high-powered zoom camera, laser rangefinder, night vision, and thermal imaging capabilities allow the teleoperator to capture minor details, such as identifying suspect vehicles' firearms or license plate numbers.

Flock Aerodome has spearheaded remote operations with True Beyond Visual Line of Sight BVLOS capabilities. Traditional programs rely on rooftop-based visual observers. The result is a multi-person workflow for DFR operations. Our advanced airspace awareness sensors and implementation of the Air Traffic Awareness software module have successfully combined to create a digital visual observer exceeding human capabilities and can replace human observers.

Flock Safety Mobile Security Trailer
Flock Safetyʼs Mobile Security Trailers help deter crime while simultaneously capturing objective video evidence to enhance investigations. Provide a movable public safety presence, ideal for high crime night-life areas, retail lots and special events.

Product Details
Below are specifications and descriptions for the products and software included in the Omnia Partners RFP.

License Plate Recognition (LPR)
The Flock Safety Falcon® LPR camera suite, encompassing a range of fixed and location- flexible devices, revolutionizes law enforcement response and 10 investigations by offering Vehicle Fingerprint
® data, real-time alerts, searchable
evidence, and analytics across diverse roadways and use cases.

The Flock Safety Falcon suite not only expedites case clearances by providing real-time investigative leads, even without visible license plates, but also streamlines operations by offering a full-service subscription model. This approach eliminates the upfront costs and complexities associated with coordinating multiple vendors and systems, enabling law enforcement agencies to concentrate more effectively on crime reduction.

Data Storage + Encryption:
● Our LPR is designed for secure, responsible use with customized user permissions, usage audits, and limited data retention. Devices only capture vehicle data, not people, to mitigate bias and accelerate case clearance. Your agency owns 100% of the data, and we never sell it to third parties. ● All images and metadata are encrypted throughout its entire lifecycle, from on-device to storage in the cloud. Flock Safety uses Amazon Web Services AWS cloud storage and KMS-based encryption, limiting access to the encryption keys. All CJIS data is stored in the AWS GovCloud and is only available to Law Enforcement agencies. No CJIS data is shared with non-law enforcement Flock Safety customers.
● LPR images are stored for 30 days by default unless a differing local law/ordinance/agreement/etc. dictates otherwise for the LPR storage policy.
11 Flock Safety Falcon®
Fixed, infrastructure-free LPR for
standard two-lane roadways with
moderate traffic.
● 75 MPH / 65ʼ Distance
● Solar Power + LTE Connectivity
Camera

DIMENSIONS
Length: 8.75ˮ | Width: 2.875ˮ | Weight: 3 lbs
Dual Solar Panels

VOLTAGE
1820V

MOUNTING
Adjustable band clamps

FOOTAGE
Uploads via integrated LTE

DIMENSIONS
Length: 21.25ˮ | Width: 28ˮ | Weight:

25.73 lbs (w/ hardware)
MOUNT
Pole top or side of existing pole

FIELD OF VIEW
15ʼ wide, 65ʼ distance

ASSEMBLY
Flock Safety in Atlanta, GA
Pole
DOT Breakaway Pole - 12ʼ installed height

DIMENSIONS
Diameter: 2.875ˮ OD, 2.125ˮ ID | Weight: 32 lbs

MATERIALS
6061 Aluminum with black coating | Alloy: 6061
12 Flock Safety Falcon® LR Long Range)
Fixed, long-range LPR for
off-shoulder or high-speed,
multi-lane highways with heavy
traffic.
● 100 MPH / 150ʼ Distance
○ 34 lanes
○ Up to 50ʼ from the roadway
○ 4 MP Resolution
● AC Power + LTE Connectivity
Camera

DIMENSIONS
Length: 15.6ˮ | Height: 4.4ˮ | Width: 5.4ˮ
Power
Compute Box

DIMENSIONS
Length: 13.15ˮ | Height: 15.95ˮ | Width: 7.9ˮ | Weight: 19.5 lbs.

MOUNTING
Adjustable band clamps

COMPUTE BOX
AC voltage: 120V AC

CONSUMPTION
Consumption: 41W Peak
13 Flock Safety Falcon® SR
Fixed, short-range LPR for
parking lots and tight entries and
exits.
● 25 MPH / Wide FoV
● Solar + LTE Connectivity
Camera

DIMENSIONS
Length: 8.75ˮ | Height: 5ˮ | Width: 2.875ˮ | Weight: 3 lbs Dual Solar Panels

VOLTAGE
1820V

MOUNTING
Adjustable band clamps

FOOTAGE
Uploads via integrated LTE

DIMENSIONS
Length: 21.25ˮ | Width: 28ˮ | Weight:

25.73 lbs (w/ hardware)
MOUNT
Pole top or side of existing pole

FIELD OF VIEW
15ʼ wide, 65ʼ distance

ASSEMBLY
Flock Safety in Atlanta, GA
Pole
DOT Breakaway Pole - 12ʼ installed height

DIMENSIONS
Diameter: 2.875ˮ OD, 2.125ˮ ID | Weight: 32 lbs

MATERIALS
6061 Aluminum with black coating | Alloy: 6061
14 Flock Safety Falcon Flex™
Location-flexible LPR for temporary coverage with easy, self-serve relocation and installation
While stationary LPR devices serve as a foundational tool for community protection, not having access to location-flexible LPR solutions can limit vital evidence capture and your ability to address crime. Introducing the Flock Safety Falcon Flex™, a location-flexible license plate reader camera combined with cutting-edge proprietary software. Designed for rapid deployment, it adapts to your dynamic investigative scenarios, ensuring you capture the evidence when and where you need it.

EVIDENCE CAPTURE SIMPLIFIED
With a lightweight, versatile design and bundled LTE service, position your camera in virtually any location for optimal evidence capture.

SMARTER READS FOR ACTIONABLE LEADS
Beyond just license plates - our Vehicle Fingerprint feature allows for detailed searches, capturing vehicle characteristics like type, make, color, state, missing or partial plates, stickers, racks, and more.

MOBILE GUIDED SELFINSTALLATION
Quickly activate and set up your Flock Safety Falcon Flex™ using any Android or iOS device, guided every step of the way by our intuitive installer app.

Select a Flock Safety Falcon Flex™ deployment kit with the power options for your needs. Minimum purchase required. Includes monthly virtual training for unlimited users. Trailer not included. 15 Flock Safety Wing® LPR
Modernize your existing camera infrastructure without breaking your budget by integrating third-party IP or LPR cameras into FlockOS®. Transform existing cameras into cutting-edge investigative tools, employing the same trusted Vehicle Fingerprint technology found in Flock Safety Falcon LPR cameras. 16 Live Video - Condor
Elevate Situational Awareness with AIPowered Video for Safety and Efficiency Flock Safety Condor live video is a subscription-based, maintenance-free hardware solution for law enforcement agencies looking to bolster their situational awareness and operational efficiency. With Condor's high-resolution live and recorded footage, coupled with AI enhancements, law enforcement can improve response strategies, enhance safety, and accelerate case resolutions.

Much like Flock Safety Falcon® LPR is AI-enabled with Vehicle Fingerprint ® technology, which
recognizes unique vehicle attributes, so suspect vehicles can be located even when a plate isnʼt visible, Condor video is AI-enabled with Visual Alerts. Visual Alerts identify and match suspect vehicles across your entire camera network based on visual similarity. That means law enforcement can retrieve a vehicle of interest across multiple cameras in FlockOS® without toggling between multiple feeds, assisting with the coordination of safer real-time vehicle pursuits.

Visual Alerts reduce the number of vehicles users must review during a real-time search or pursuit by 95% across all nearby Condor live video cameras. 17 Flock Safety Condor PTZ Camera
Live and recorded video with
remote PTZ controls and 25X
optical zoom. Ideal for open
areas like intersections and
parks.
● AC Power + LTE Connectivity
Camera Camera Mount

DIMENSIONS
Length: 11.6ˮ | Height: 6.5ˮ | Width: 6.5ˮ

DIMENSIONS
Height: 7.9ˮ | Width: 9.1ˮ
Power

AC VOLTAGE
120V AC

CONSUMPTION
Consumption: 41W Peak
Compute Box

DIMENSIONS
Length: 13.15ˮ | Height: 15.95ˮ
Width: 7.9ˮ | Weight: 19.5 lbs

MOUNTING
Adjustable band clamps to existing pole or
infrastructure at 1230ʼ
18 Flock Safety Condor Fixed Camera
Fixed, long-range, live, and
recorded video with remote zoom
controls. Ideal for building
exteriors and city streets.
● AC Power + LTE Connectivity
Camera

DIMENSIONS
Length: 15.6ˮ | Height: 4.4ˮ | Width: 5.4ˮ
Power
Compute Box

DIMENSIONS
Length: 13.15ˮ | Height: 15.95ˮ | Width: 7.9ˮ |
Weight: 19.5 lbs

MOUNTING
Adjustable band clamps to existing pole or
infrastructure at 1230ʼ

AC VOLTAGE
120V AC

CONSUMPTION
Consumption: 41W Peak
19 20
Live Video - Flock Safety Wing®
Integrate third-party video cameras in FlockOS® to unify your video evidence.

Live video streaming and retention provide officers more context before arriving on the scene of an incident and more substantial evidence during post-incident case resolution, promoting safety and crime reduction. Flock Safety's full-service subscription video integration, Flock Safety Wing®, gives law enforcement agencies the ability to integrate existing live video
cameras (owned by the department or private community members) into FlockOS®, without having to manage the setup, installation, or upkeep. Dramatically increase the effectiveness of your investment in LPR by layering the power of live video in a centralized operational view in FlockOS®. Choose the integration that fits your cityʼs needs:

FLOCK SAFETY WING® CLOUD LIVE
Access live video and turn your video camera into a Vehicle Fingerprint ™ enabled LPR camera through a direct-to-camera connection.

FLOCK SAFETY WING® CLOUD REPLAY
Access live and recorded video, and even turn your video camera into a Vehicle Fingerprint ™ enabled LPR camera through a direct-to-camera connection.

FLOCK SAFETY WING® VMS
Access live and recorded video from your existing video management system.

FLOCK SAFETY WING® GATEWAY
Consolidate live and recorded video from various private and public cameras by installing a Wing® Gateway device on-site.
21 Audio Detection
Flock Safety Raven® is a subscription-based audio event detection, localization, and notification solution consisting of a network of audio sensors, machine learning algorithms, and cloud-based software. Using a network of low-power, infrastructure-free devices to cover a
target area, Flock Safety Raven® can detect when and where gunshots occur, alert the local police department in under 60 seconds, and get a response to the scene quickly and accurately.

The Flock Safety Raven® quickly alerts officers to gun-related incidents and directs them to where they occurred so they can respond rapidly to preserve evidence, help victims, and apprehend suspects. Unlike traditional gunshot detection, which only alerts officers that a gunshot occurred, Flock Safety Raven® works with Flock Safety Falcon® LPR and live video in the area, so officers can see a virtual crime scene, identify investigative leads, and solve gun- related crimes faster. 22 Software
The Flock Safety software, referred to as FlockOS®, is a comprehensive public safety platform designed to help solve more crime and keep communities and officers safe.

The platform seamlessly integrates both Flock Safety and third-party devices and systems across video, LPR, and audio detection to empower law enforcement with real-time alerts, evidence, and situational awareness on any computer, Mobile Data Terminal MDT, or mobile device in a single operational view. Customize this subscription-based software solution to your specific needs through the combination of various tiers and add-ons as outlined below.
23 Pick your level of LPR network access to get started. Essentials requires hardware purchase
FlockOS® LPR Software Packages COMMUNITY
FlockOS® Community
ESSENTIALS
FlockOS® Essentials

COMMUNITY NETWORK ACCESS
Ability to Request Access to Community Devices HOAs, Business, + School Safety) Unlimited Users

LAW ENFORCEMENT NETWORK ACCESS
State Network LP Lookup Only)
Nationwide Network LP Lookup Only)
Direct Share - Surrounding Jurisdiction Full Access)

VEHICLE FINGERPRINT SEARCH FEATURES
Time & Location Based Search
License Plate Lookup
Vehicle Fingerprint® Search
Flock Insights/Analytics page
Axon Fleet 3 LPR Integration
REALTIME FEATURES
ESRI Based map Interface
Real-Time NCIC alerts on Flock LPR cameras
Unlimited custom hot lists
24 25
26 27
Flock Safety Aerodrome
Analytics
Monitor trends and patterns across various locations and bring fraudulent events to light across all your locations. Enhanced LPR offers a uniquely integrated, extensive LPR network, helping you streamline your public safety operations, including ● Convoy Search: Track vehicles frequently seen together at your locations. ● Multi Geo Search: Track vehicles seen in multiple locations. ● Visual Search: Upload your own image to identify similar looking vehicles visiting your locations.

Streamline your evidence collection and case management from information collected on Flock Safety devices. Add evidence directly to your case files via our ThinkLP integration.

Traffic Analytics - Leverage LPR cameras to generate aggregate traffic counts to understand when, where, and what kinds of vehicles are on your roadway. This package can help Law Enforcement, but also represents a significant opportunity to partner with 28 transportation agencies.
● Traffic Engineering: Use Flock Safetyʼs vast LPR network to dramatically expand your network of continuous counting stations
● Resource Planning: Leverage historical traffic data to strategically deploy safety and enforcement resources where they make the most impact ● Emergency Management: Use traffic data to develop evacuation and emergency response plans
● Economic Development: Leverage data on traffic to understand economic trends and make better strategic investments
Advanced Investigations Analytics - Identify patterns of potentially criminal activity with data collected from the cameras. Flock uses data analysis and pattern recognition to produce leads for crimes, even before they are reported. ● Cold Plate Analytics: Identify license plates that have been changed between two different vehicle descriptions, identifying potential criminal activity. Trafficking and Interdiction Analytics - Identify vehicles that follow known inter-state trafficking patterns. ● Hot List Mapping - Leverage historical hot list alert patterns to plan resource deployment.
29 Service and Support
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We donʼt disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team.
30 FlockOS® Community Tier
Modernize operations, access LPR and Vehicle Fingerprint® evidence to boost crime-solving capabilities, and build bridges of trust with local neighborhoods, businesses, and schools, with the FlockOS Community Tier.

Key Features

COMMUNITY NETWORK ACCESS
Ability to Request Access to Community Devices HOAs, Businesses, and Schools Only) VEHICLE FINGERPRINT® SEARCH FEATURES
● Time & Location Based Search ● License Plate Lookup ● Vehicle Fingerprint® Search ● Insights & Analytics Page ● Axon Fleet 3 LPR Integration REALTIME FEATURES
● ESRIBased Map Interface ● Real-time NCIC & NCMEC Alerts on Flock Safety Falcon® LPR cameras ● Unlimited Custom Hot Lists

ADDITIONAL FEATURES
● Unlimited Users ● Transparency Portal
31 FlockOS® Essentials Tier
Multiply your force and expand your network of evidence-collection devices with the FlockOS® Essentials tier. This tier allows you to access both public and private Flock Safety devices, as well as third-party video cameras, extending your reach beyond your local jurisdiction. With FlockOS® Essentials, you become part of a nationwide network that provides over 10 billion additional license plate reads each month. This significant expansion in data access dramatically increases your chances of uncovering crucial evidence in challenging cases.

Key Features

COMMUNITY NETWORK ACCESS
Ability to Request Access to Community Devices HOAs, Businesses, and Schools Only)

JURISDICTIONAL CONTEXT FEATURES
● Flock Safety Wing® Gateway, Flock Safety Wing® Cloud, Flock Safety Wing® VMS purchased by LE

ADDITIONAL FEATURES
● Unlimited Users ● Transparency Portal
32 FlockOS® Advanced Tier
Multiply your force, expand your network of evidence-collection devices, and access real-time jurisdictional context with the FlockOS Advanced tier. This tier allows you to access both public and private Flock Safety devices, as well as third-party video cameras, extending your reach beyond your local jurisdiction. With FlockOS Advanced, you become part of a nationwide network that provides over 10 billion additional license plate reads each month. This significant expansion in data access dramatically increases your chances of uncovering crucial evidence in challenging cases.

FlockOS Advanced also introduces the integration of third-party live video cameras, seamlessly viewable through Flockʼs Video Management System VMS and an interactive Map view, enriching your situational awareness. This tier fosters community trust and cooperation via the Camera Registry Program. It also ensures optimal utilization of resources through the Community Rollover Program, preventing any underused streams or equipment from going to waste.

Key Features

COMMUNITY NETWORK ACCESS
Ability to Request Access to Community Devices HOAs, Businesses, and Schools Only)

JURISDICTIONAL CONTEXT FEATURE
33 ADDITIONAL FEATURES
● Single Sign-On SSO ● Unlimited Users ● Transparency Portal 34 FlockOS® Elite Tier
The FlockOS Elite tier uniquely combines Flock Safety's License Plate Recognition LPR, audio detection, and access to public and private Flock Safety devices, as well as third party cameras, providing timely and relevant insights for better law enforcement responses. Distinguishing itself from traditional brick-and-mortar real-time crime centers RTCCs and other cloud-based solutions, FlockOS Elite is scalable and community-powered, offering a versatile, cloud-based RTCC platform. This accessibility allows law enforcement agencies, regardless of their size or resources, to access real-time intelligence, evidence, and situational context from various devices, including computers, patrol vehicle Mobile Data Terminals MDTs, and mobile devices. This system ensures that agencies have the necessary tools at their disposal to respond safely and effectively to incidents, enhance public safety, and make informed decisions.

A notable aspect of the Elite tier is its focus on regional collaboration. Agencies can work together, sharing resources, technology, and intelligence, including integrated Computer-Aided Dispatch systems and cameras. This collaboration fosters quicker responses to threats and crime patterns, improving safety in larger areas and optimizing resource use.

Key Features

COMMUNITY NETWORK ACCESS
Ability to Request Access to Community Devices HOAs, Businesses, and Schools Only)

LAW ENFORCEMENT NETWORK ACCESS
● State Network License Plate Lookup Only) ● Nationwide Network License Plate Lookup Only) ● Ability to Request Access to Law Enforcement Devices Outside Jurisdiction VEHICLE FINGERPRINT® SEARCH FEATURES
● Time & Location Based Search ● License Plate Lookup ● Vehicle Fingerprint® Search ● Insights & Analytics Page ● Axon Fleet 3 LPR Integration REALTIME FEATURES
● ESRIBased Map Interface ● Real-time NCIC & NCMEC Alerts on Flock Safety Falcon® LPR cameras ● Unlimited Custom Hot Lists 35 JURISDICTIONAL CONTEXT FEATURES
● Flock Safety
Wing®
Gateway, Flock
Safety Wing®
Cloud,
Flock Safety
Wing® VMS
purchased by
LE ● Custom Map
Layers ● Axon Fleet
Locations
● Axon BWC Body Worn Camera)
Locations
● Map PDF Attachments ● Camera Registry Program ● Community Rollover Program ● AVL Connection ● CAD Connection ● Floor Plans ● Drone Video Integration ● FirstTwo Connection ● Regionalization Support ● Real-Time Routing

ADDITIONAL FEATURES
● Single Sign-On SSO ● Unlimited Users ● Transparency Portal 36 Enhanced LPR Package
The Enhanced LPR Package is a software add-on for any of the FlockOS tiers designed to help detectives and patrol officers conduct more efficient, informed, and collaborative investigations. Its advanced License Plate Recognition LPR features streamline investigations, providing officers with immediate access to essential information and improving communication within and across departments.

Vehicle Fingerprint® Search Features
Unlock more investigative leads and build stronger cases with less information.

CONVOY SEARCH
Discover hidden links by identifying suspect vehicles traveling together. Ideal for tackling organized crime and pinpointing associates.

VISUAL SEARCH
Go beyond LPR data. Convert any digital image into a lead, whether sourced from a civilian smartphone or a security camera.

MULTIGEO SEARCH
Trace a suspect vehicle across multiple incidents. This feature allows for connecting disparate crimes without specific vehicle details or plate numbers.

Real-Time Features
Equip officers with quick, relevant case context to foster collaboration and expedite clearance rates.

VEHICLE DESCRIPTION ALERTS
Set up alerts for vehicles based on body type, make, color, and other criteria, ensuring timely and relevant notifications, even without a license plate number.

CUSTOM HOT LIST ATTACHMENTS
Equip officers with crucial context during responses. Attach detailed case notes, photos, and reports to Hot List Alerts for a more strategic and secure approach to law enforcement. 37 CUSTOM HOT LIST DECONFLICTION
38 FlockOS® 911
The FlockOS 911 software experience allows users to tune into real-time 911 audio and visual media directly within FlockOS, efficiently filtering 911 calls via geolocation to ensure first patrol officers only see and hear calls within their patrol radius to reduce noise. Additionally, in collaboration with Prepared 911, dispatchers and patrol officers can now receive live video, photos, and texts from emergency scenes via the 911 caller, granting unparalleled situational awareness sourced, in part, by citizens.

By bridging the information gap between 911 callers, dispatchers, and sworn officers, FlockOS 911 ensures every moment is optimized, every officer is well-informed, and communities benefit from a superior, agile public safety system.

Features include:
● View and listen to 911 calls on the Alerts page in FlockOS ● Only see 911 calls within your patrol radius via geolocation call filtering ● Receive real-time on-scene media, like videos and images, from 911 callers on the Alerts page in FlockOS
39 40
Your Dedicated Flock Safety Team
Organizational Structure
41 Customer References
Each of the law enforcement agencies listed below are current Flock Safety customers and partners who have purchased and deployed our hardware and software throughout their respective areas with significant success. They have agreed to speak with prospective Flock Safety contracting entities to answer questions about their experience using Flock Safety to reduce and prevent crime.

Agency Point of Contact
University of IA Campus PD
Cedar Rapids, IA
Ian Mallory
Detective
[email protected]
Dierbergs Markets
Chesterfield, MO
Tim Laouere
Director, Loss Prevention
[email protected]
Academy Sports
Katy, TX
Frank Sorgie
Senior LP Manager
[email protected]
42 Security and Privacy Compliance
Flock Safetyʼs Compliance Program has robust controls for securing data and ensuring service availability. We recognize our role in the compliance network and diligently adhere to all relevant Cybersecurity Laws, regulations, attestations, and frameworks our customers rely on.

We promote and are transparent about the responsible use of technology and maintain operational resiliency. Weʼve created the Flock Safety Trust Page to share our documentation on those controls to safeguard the privacy and security of sensitive customer data.

For specific information on our policies, please visit this link.

Compliance and Attestations
Flock Safety's Compliance Program helps customers understand our robust controls for securing data and ensuring service availability. We recognize our role in the compliance network and diligently adhere to relevant cybersecurity laws, regulations, attestations, and frameworks that matter to our customers.
43 SOC 3
Overview of our Service Organization Controls relating to Security, Availability, and Confidentiality Trust Services Categories.

SOC 2 Type 2
Aligned to Security, Availability, and Confidentiality Trust Services Categories.

Cloud Security Allianceʼs CAIQ
Assessment of and alignment to a comprehensive framework that identifies cloud responsibilities and mitigates risks with shared computing models.

NIST Cybersecurity
Adoption of policies, procedures, and security controls necessary to identify, protect, detect, respond, and recover from cybersecurity events.

CJIS
Adoption of requirements designed to protect criminal justice information and provide secure access for law enforcement.

Service and Support
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We donʼt disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team.
44 Pricing/Quote
See Appendix
Summary
Our business objective is focused on providing solutions producing superior results for agencies, delivering unbiased evidence and enabling each investigation to resolve faster.

Everything in our business model supports this mission.

With Flock Safety, the Tennessee Highway Patrol can invest with confidence. We offer open integrations, lifetime maintenance, and AI/Machine Learning. THPʼs existing technology is fully utilized while Flock Safetyʼs continually updated software and hardware keep its operations future-proof.
45 Confidentiality and Disclosure Notice
All documents, materials, and information (collectively referred to as "Confidential Information") submitted by participants in response to this Request for Proposal (“RFPˮ) are considered confidential and proprietary to the submitting party. The Confidential Information includes, but is not limited to, technical data, business strategies, financial information, and any other sensitive information disclosed in the RFP response. The party requesting the RFP (the "Issuer") agrees to: 1 maintain the confidentiality of the Confidential Information with the same degree of care it uses to protect its own confidential and proprietary information, but in no event less than a reasonable degree of care, 2 use the Confidential Information solely for the purpose of evaluating and responding to the RFP, and 3 restrict disclosure of the Confidential Information to employees, agents, or contractors who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those set forth herein. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. Such obligation of confidentiality continues beyond the evaluation period until the Confidential Information becomes publicly available through no fault of the Issuer. If the Issuer decides not to proceed with the proposal, or upon the submitting partyʼs request, the Issuer must return or destroy all copies and certify such action in writing. By reviewing or responding, the Issuer acknowledges and agrees to these terms.
46 Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock Flock Safety Drone
Hardware and Services Flock Safety DFR 2.0 - 200ft flock_dfr_1_5 $150,000.00 Flock Flock Safety Drone
Hardware and Services Flock Safety DFR 2.0 - 400ft flock_dfr_2_0 $307,000.00 Flock Additional Battery Pack 1 year subscription, preferred contract length 2-5 years; External battery pack attachment utilized to extend the life of Flock Products Add_Batt_Pack $750.00 Flock Avicore Blue Light Kit 1 year subscription, preferred contract length 2-5 years; Blue Light with USB cable to plug into Avicore boxes 801-00144 $150.00 Flock Blue Light Attachment 1 year subscription, preferred contract length 2-5 years; Flock Safety attachable blue light. blue_light_attachment $250.00 Flock Deterrence Add On
1 year subscription, preferred contract length 2-5 years; Prominent signage and lighting to proactively deter bad actors and inform visitors your property is being protected
falcon_deterrence $1,000.00
Flock Extended data retention
(Up to 1 Year)
1 year subscription, preferred contract length 2-5 years; Extended data retention for up to 1 year for 1 Law Enforcement grade Falcon camera.
extended_data $300.00
Flock Falcon/Penguin Pack Wall
Charger Falcon/Penguin Pack Wall Charger Falcon_PPWallCharg $50.00 Flock Flock Safety Sign Flock Safety attachable sign. flock_sign $30.00 Flock Solar Power Boost 1 year subscription, preferred contract length 2-5 years; Low sun area solar boost package to support longer power duration solar_power_boost $500.00 Flock Traffic Analytics Package 1 year subscription, preferred contract length 2-5 years; cost is per camera traffic_analytics $500.00
Flock Flock Safety Raven ® -
1/2mi
Raven Audio detection - 1 year subscription, preferred contract length 2-5 years; 1/2 mile of coverage. Number of units deployed depends on geography and density of area. Raven detection is license by coverage area, not number of units.
raven_device_halfmi $20,000.00
Flock Flock Safety Raven ® -
1/4mi
Raven Audio detection - 1 year subscription, preferred contract length 2-5 years;; 1/4 mile of coverage. Number of units deployed depends on geography and density of area. Raven detection is license by coverage area, not number of units.
raven_device_qtrmi $12,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock Flock Safety Raven ® - 1mi
Raven Audio detection - 1 year subscription, preferred contract length 2-5 years; 1 square mile of coverage. Number of units deployed depends on geography and density of area. Raven detection is license by coverage area, not number of units. raven_device_1mi $35,000.00
Flock Flock Safety Raven ® K-12
School
Raven Audio detection - one location/school of external coverage.

Number of units deployed depends on geography and density of area. Raven detection is license by coverage area, not number of units.
raven_device_k_12 $8,500.00
Flock Recurring Revenue LTE Connectivity - 1 year subscription, preferred contract length 2-5 years;
Flock_LTE $960.00
Flock FlockOS Community
Program - 100 / 800
1 year subscription, preferred contract length 2-5 years; Flock Community Program with Rollover Devices. Package of 100 locations OR 800 feeds, whichever occurs first. Flock will coordinate with the Agency on who receives agency-paid
connections.
flockos_comm_program_100_8
00 $30,000.00
Flock FlockOS Community
Program - 20 / 160
1 year subscription, preferred contract length 2-5 years; Flock Community Program with Rollover Devices. Package of 20
Locations OR 160 Connections, whichever occurs first. Flock will coordinate with the Agency on who receives agency-paid
connections.
flockos_comm_program_20_16
0 $6,000.00
Flock FlockOS Community
Program - 50 / 400
1 year subscription, preferred contract length 2-5 years; Flock Community Program with Rollover Devices. Package of 50
Locations OR 400 Connections, whichever occurs first. Flock will coordinate with the Agency on who receives agency-paid
connections.
flockos_comm_program_50_40
0 $15,000.00
Flock FlockOS Enhanced LPR -
Bucket 1
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 1 is for law enforcement agencies with up to 15 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket1 $2,500.00
Flock FlockOS Enhanced LPR -
Bucket 10
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket10 $50,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS Enhanced LPR -
Bucket 11
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 11 is for law enforcement agencies with up to 2000 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket11 $55,000.00
Flock FlockOS Enhanced LPR -
Bucket 12
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 12 is for law enforcement agencies with up to 2500 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket12 $60,000.00
Flock FlockOS Enhanced LPR -
Bucket 13
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 13 is for law enforcement agencies with up to 3000 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket13 $65,000.00
Flock
FlockOS Enhanced LPR -
Bucket 14
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 14 is for law enforcement agencies with up to 3500 sworn officers in approved headcount. flockos_enhanced_lpr_bucket14 $70,000.00
Flock
FlockOS Enhanced LPR -
Bucket 15
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 15 is for law enforcement agencies with up to 4000 sworn officers in approved headcount. flockos_enhanced_lpr_bucket15 $75,000.00
Flock
FlockOS Enhanced LPR -
Bucket 16
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 16 is for law enforcement agencies with up to 4500 sworn officers in approved headcount. flockos_enhanced_lpr_bucket16 $80,000.00
Flock FlockOS Enhanced LPR -
Bucket 2
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 2 is for law enforcement agencies with up to 25 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket2 $3,500.00
Flock FlockOS Enhanced LPR -
Bucket 3
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 3 is for law enforcement agencies with up to 50 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket3 $7,500.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS Enhanced LPR -
Bucket 4
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 4 is for law enforcement agencies with up to 100 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket4 $10,000.00
Flock FlockOS Enhanced LPR -
Bucket 5
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 5 is for law enforcement agencies with up to 200 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket5 $15,000.00
Flock FlockOS Enhanced LPR -
Bucket 6
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 6 is for law enforcement agencies with up to 300 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket6 $20,000.00
Flock FlockOS Enhanced LPR -
Bucket 7
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 7 is for law enforcement agencies with up to 500 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket7 $30,000.00
Flock FlockOS Enhanced LPR -
Bucket 8
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 8 is for law enforcement agencies with up to 700 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket8 $37,500.00
Flock FlockOS Enhanced LPR -
Bucket 9
1 year subscription, preferred contract length 2-5 years; The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers. Bucket 9 is for law enforcement agencies with up to 1000 sworn officers in approved headcount.
flockos_enhanced_lpr_bucket9 $45,000.00
Flock FlockOS ™ 911 - Bucket 1
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™ Bucket 1 is for law enforcement agencies with up to 15 sworn officers in approved headcount.

FlockOS_911_bucket1 $3,600.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock
FlockOS ™ 911 - Bucket 10
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount. FlockOS_911_bucket10 $250,000.00
Flock
FlockOS ™ 911 - Bucket 11
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 11 is for law enforcement agencies with up to 2000 sworn officers in approved headcount. FlockOS_911_bucket11 $300,000.00
Flock
FlockOS ™ 911 - Bucket 12
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 12 is for law enforcement agencies with up to 2500 sworn officers in approved headcount. FlockOS_911_bucket12 $350,000.00
Flock
FlockOS ™ 911 - Bucket 13
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 13 is for law enforcement agencies with up to 3000 sworn officers in approved headcount. FlockOS_911_bucket13 $400,000.00
Flock
FlockOS ™ 911 - Bucket 14
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 14 is for law enforcement agencies with up to 3500 sworn officers in approved headcount. FlockOS_911_bucket14 $450,000.00
Flock
FlockOS ™ 911 - Bucket 15
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 15 is for law enforcement agencies with up to 4000 sworn officers in approved headcount. FlockOS_911_bucket15 $500,000.00
Flock
FlockOS ™ 911 - Bucket 16
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 16 is for law enforcement agencies with up to 4500 sworn officers in approved headcount. FlockOS_911_bucket16 $550,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ 911 - Bucket 2
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 2 is for law enforcement agencies with up to 25 sworn officers in approved headcount.

FlockOS_911_bucket2 $9,000.00
Flock FlockOS ™ 911 - Bucket 3
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 3 is for law enforcement agencies with up to 50 sworn officers in approved headcount.

FlockOS_911_bucket3 $20,000.00
Flock FlockOS ™ 911 - Bucket 4
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 4 is for law enforcement agencies with up to 100 sworn officers in approved headcount.

FlockOS_911_bucket4 $35,000.00
Flock FlockOS ™ 911 - Bucket 5
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 5 is for law enforcement agencies with up to 200 sworn officers in approved headcount.

FlockOS_911_bucket5 $55,000.00
Flock FlockOS ™ 911 - Bucket 6
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 6 is for law enforcement agencies with up to 300 sworn officers in approved headcount.

FlockOS_911_bucket6 $80,000.00
Flock FlockOS ™ 911 - Bucket 7
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 7 is for law enforcement agencies with up to 500 sworn officers in approved headcount.

FlockOS_911_bucket7 $120,000.00
Flock FlockOS ™ 911 - Bucket 8
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 8 is for law enforcement agencies with up to 700 sworn officers in approved headcount.

FlockOS_911_bucket8 $160,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ 911 - Bucket 9
1 year subscription, preferred contract length 2-5 years; The FlockOS™ 911 software experience allows users to tune into live 911 calls directly within FlockOS™. Bucket 9 is for law enforcement agencies with up to 1000 sworn officers in approved headcount.

FlockOS_911_bucket9 $200,000.00
Flock FlockOS ™ Advanced -
Bucket 1
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. No hardware spend required. Bucket 1 is for Law Enforcement agencies up to 15 sworn approved headcount FlockOS_Adv_bucket1 $2,500.00
Flock FlockOS ™ Advanced -
Bucket 10
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. No hardware spend required. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount.

FlockOS_Adv_bucket10 $50,000.00
Flock FlockOS ™ Advanced -
Bucket 11
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. No hardware spend required. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount.

FlockOS_Adv_bucket11 $55,000.00
Flock FlockOS ™ Advanced -
Bucket 12
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 12 is for law enforcement agencies with up to 2500 sworn officers in approved headcount.

FlockOS_Adv_bucket12 $60,000.00
Flock FlockOS ™ Advanced -
Bucket 13
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 13 is for law enforcement agencies with up to 3000 sworn officers in approved headcount.

FlockOS_Adv_bucket13 $65,000.00
Flock FlockOS ™ Advanced -
State LE
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Includes 30 days LPR retention. No hardware spend required. Must have FlockOS Essentials. State LE is for state law enforcement entities (DPS, DOC, etc)
FlockOS_Adv_stateLE $40,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock
FlockOS ™ Advanced -
Bucket 14
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 14 is for law enforcement agencies with up to 3500 sworn officers in approved headcount. FlockOS_Adv_bucket14 $70,000.00
Flock
FlockOS ™ Advanced -
Bucket 15
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 15 is for law enforcement agencies with up to 4000 sworn officers in approved headcount. FlockOS_Adv_bucket15 $75,000.00
Flock
FlockOS ™ Advanced -
Bucket 16
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 16 is for law enforcement agencies with up to 4500 sworn officers in approved headcount. FlockOS_Adv_bucket16 $80,000.00
Flock FlockOS ™ Advanced -
Bucket 2
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 2 is for law enforcement agencies with up to 25 sworn officers in approved headcount.

FlockOS_Adv_bucket2 $3,500.00
Flock FlockOS ™ Advanced -
Bucket 3
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 3 is for law enforcement agencies with up to 50 sworn officers in approved headcount.

FlockOS_Adv_bucket3 $7,500.00
Flock FlockOS ™ Advanced -
Bucket 4
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 4 is for law enforcement agencies with up to 100 sworn officers in approved headcount.

FlockOS_Adv_bucket4 $10,000.00
Flock FlockOS ™ Advanced -
Bucket 5
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 5 is for law enforcement agencies with up to 200 sworn officers in approved headcount.

FlockOS_Adv_bucket5 $15,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ Advanced -
Bucket 6
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 6 is for law enforcement agencies with up to 300 sworn officers in approved headcount.

FlockOS_Adv_bucket6 $20,000.00
Flock FlockOS ™ Advanced -
Bucket 7
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 7 is for law enforcement agencies with up to 500 sworn officers in approved headcount.

FlockOS_Adv_bucket7 $30,000.00
Flock FlockOS ™ Advanced -
Bucket 8
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 8 is for law enforcement agencies with up to 700 sworn officers in approved headcount.

FlockOS_Adv_bucket8 $37,500.00
Flock FlockOS ™ Advanced -
Bucket 9
1 year subscription, minimum contract length 2 years; FlockOS Advanced includes enhanced features to add 3rd party and Community video. Bucket 9 is for law enforcement agencies with up to 1000 sworn officers in approved headcount.

FlockOS_Adv_bucket9 $45,000.00
Flock FlockOS ™ Elite - Bucket 1
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 1 is for law enforcement agencies with up to 15 sworn officers in approved headcount.

FlockOS_Elite_bucket1 $5,000.00
Flock FlockOS ™ Elite - Bucket 10
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount.

FlockOS_Elite_bucket10 $100,000.00
Flock FlockOS ™ Elite - Bucket 11
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 11 is for law enforcement agencies with up to 2000 sworn officers in approved headcount.

FlockOS_Elite_bucket11 $110,000.00
Flock FlockOS ™ Elite - Bucket 12
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 12 is for law enforcement agencies with up to 2500 sworn officers in approved headcount.

FlockOS_Elite_bucket12 $120,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ Elite - Bucket 13
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 13 is for law enforcement agencies with up to 3000 sworn officers in approved headcount.

FlockOS_Elite_bucket13 $130,000.00
Flock FlockOS ™ Elite - State LE
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. State LE is for state law enforcement entities (DPS, DOC, etc)
FlockOS_Elite_stateLE $80,000.00
Flock
FlockOS ™ Elite - Bucket 14
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 14 is for law enforcement agencies with up to 3500 sworn officers in approved headcount. FlockOS_Elite_bucket14
$140,000.00
Flock
FlockOS ™ Elite - Bucket 15
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 15 is for law enforcement agencies with up to 4000 sworn officers in approved headcount. FlockOS_Elite_bucket15
$150,000.00
Flock
FlockOS ™ Elite - Bucket 16
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 16 is for law enforcement agencies with up to 4500 sworn officers in approved headcount. FlockOS_Elite_bucket16
$160,000.00
Flock FlockOS ™ Elite - Bucket 2
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 2 is for law enforcement agencies with up to 25 sworn officers in approved headcount.

FlockOS_Elite_bucket2 $7,500.00
Flock FlockOS ™ Elite - Bucket 3
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 3 is for law enforcement agencies with up to 50 sworn officers in approved headcount.

FlockOS_Elite_bucket3 $15,000.00
Flock FlockOS ™ Elite - Bucket 4
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 4 is for law enforcement agencies with up to 100 sworn officers in approved headcount.

FlockOS_Elite_bucket4 $20,000.00
Flock FlockOS ™ Elite - Bucket 5
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 5 is for law enforcement agencies with up to 200 sworn officers in approved headcount.

FlockOS_Elite_bucket5 $30,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ Elite - Bucket 6
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 6 is for law enforcement agencies with up to 300 sworn officers in approved headcount.

FlockOS_Elite_bucket6 $40,000.00
Flock FlockOS ™ Elite - Bucket 7
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 7 is for law enforcement agencies with up to 500 sworn officers in approved headcount.

FlockOS_Elite_bucket7 $60,000.00
Flock FlockOS ™ Elite - Bucket 8
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 8 is for law enforcement agencies with up to 700 sworn officers in approved headcount.

FlockOS_Elite_bucket8 $75,000.00
Flock FlockOS ™ Elite - Bucket 9
1 year subscription pricing; minimum contract length 2 years; FlockOS Elite helps you build your Realtime Center. Bucket 9 is for law enforcement agencies with up to 1000 sworn officers in approved headcount.

FlockOS_Elite_bucket9 $90,000.00
Flock FlockOS ™ Essentials -
Bucket 1
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 1 is for law enforcement agencies with up to 15 sworn officers in approved headcount.

FlockOS_Basic_bucket1 $6,000.00
Flock FlockOS ™ Essentials -
Bucket 10
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 10 is for law enforcement agencies with up to 1500 sworn officers in approved headcount.

FlockOS_Basic_bucket10 $60,000.00
Flock FlockOS ™ Essentials -
Bucket 11
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 11 is for law enforcement agencies with up to 2000 sworn officers in approved headcount.

FlockOS_Basic_bucket11 $66,000.00
Flock FlockOS ™ Essentials -
Bucket 12
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 12 is for law enforcement agencies with up to 2500 sworn officers in approved headcount.

FlockOS_Basic_bucket12 $72,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ Essentials -
Bucket 13
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 13 is for law enforcement agencies with up to 3000 sworn officers in approved headcount.

FlockOS_Basic_bucket13 $78,000.00
Flock FlockOS ™ Essentials -
State LE
1 year subscription pricing; minimum contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. State LE is for state law enforcement entities (DPS, DOC, etc).

FlockOS_Basic_stateLE $48,000.00
Flock FlockOS ™ Essentials -
State Non LE
1 year subscription pricing; minimum contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. State Non LE is for state entities that are not sworn.

FlockOS_Basic_state_Non_LE $30,000.00
Flock FlockOS ™ Essentials -
Bucket 2
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 2 is for law enforcement agencies with up to 25 sworn officers in approved headcount.

FlockOS_Basic_bucket2 $12,000.00
Flock FlockOS ™ Essentials -
Bucket 3
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Essentials requires hardware purchase. Bucket 3 is for law enforcement agencies with up to 50 sworn officers in approved headcount.

FlockOS_Basic_bucket3 $18,000.00
Flock FlockOS ™ Essentials -
Bucket 4
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 4 is for law enforcement agencies with up to 100 sworn officers in approved headcount.

FlockOS_Basic_bucket4 $24,000.00
Flock FlockOS ™ Essentials -
Bucket 5
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 5 is for law enforcement agencies with up to 200 sworn officers in approved headcount.

FlockOS_Basic_bucket5 $30,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock FlockOS ™ Essentials -
Bucket 6
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 6 is for law enforcement agencies with up to 300 sworn officers in approved headcount.

FlockOS_Basic_bucket6 $36,000.00
Flock FlockOS ™ Essentials -
Bucket 7
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 7 is for law enforcement agencies with up to 500 sworn officers in approved headcount.

FlockOS_Basic_bucket7 $42,000.00
Flock FlockOS ™ Essentials -
Bucket 8
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 8 is for law enforcement agencies with up to 700 sworn officers in approved headcount.

FlockOS_Basic_bucket8 $48,000.00
Flock FlockOS ™ Essentials -
Bucket 9
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 9 is for law enforcement agencies with up to 1000 sworn officers in approved headcount.

FlockOS_Basic_bucket9 $54,000.00
Flock
FlockOS ™ Essentials -
Bucket 14
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 14 is for law enforcement agencies with up to 3500 sworn officers in approved headcount. FlockOS_Basic_bucket14 $84,000.00 Flock
FlockOS ™ Essentials -
Bucket 15
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 15 is for law enforcement agencies with up to 4000 sworn officers in approved headcount. FlockOS_Basic_bucket15 $90,000.00 Flock
FlockOS ™ Essentials -
Bucket 16
1 year subscription pricing; min contract length 2 years; FlockOS Essentials gets you access to the nationwide network of Flock LPR cameras with unlimited users. Bucket 16 is for law enforcement agencies with up to 4500 sworn officers in approved headcount. FlockOS_Basic_bucket16 $96,000.00 Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock Flock Safety Falcon ® Flex
1 year subscription, preferred contract length 2-5 years; Battery powered, Law enforcement grade tactical deployment (portable + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology Falcon Flex is self install by the customer. falcon_flex $3,500.00
Flock Flock Safety Falcon ® Flex
Bundle
1 year subscription, preferred contract length 2-5 years; Min bundle of (5) Falcon Flex cameras with Solar, AC or DC adapter; Law enforcement grade tactical deployment (portable + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology. falcon_flex_bundle $5,000.00
Flock Flock Safety Falcon ® LR
1 year subscription, preferred contract length 2-5 years; Law enforcement grade, long range and high vehicle speed license plate recognition camera. AC Power Only. Includes 30 days storage.

Falcon_Highway $5,000.00
Flock Solar Falcon ® LR
1 year subscription, preferred contract length 2-5 years; Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology. Solar Power only. Includes 30 days storage.
solar_falcon_lr $5,000.00
Flock Flock Safety Falcon ®
1 year subscription, preferred contract length 2-5 years; Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology.

Includes 30 days storage.

Falcon_Camera $3,000.00
Flock Termination Fee Camera removal fee for early termination of contract retrieve_camera $500.00 Flock Battery Pack Replacement One-time fee for replacement of an external battery pack. Batt_Pack_Replacement $750.00 Flock Camera Replacement One-time fee for replacement of a camera if damaged or stolen Camera_Replacement $800.00 Flock Falcon Flex Replacement One-time fee for replacement of Falcon Flex if damaged or stolen FalconFlex_Replacement $1,500.00 Flock Pole Replacement Pole Replacement pole_replacement $500.00 Flock Advanced Pole
Replacement One-time fee for replacement of an advanced pole location adv_pole_replacement $5,000.00 Flock
Flock Safety Condor Fixed,
Solar with Solar Power
Boost
Condor Fixed, Solar with Power Boost, includes 30 days edge storage
solar_condor_fixed_lte_power_
boost $3,750.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock
Flock Safety Condor ™
Fixed Camera w/ LTE
Service
1 year subscription, preferred contract length 2-5 years; Law enforcement grade live streamed fixed camera with 30 days of edge storage. VMS included and server free. Installed and maintained by Flock Safety
Condor_Fixed_LTE_Service $3,000.00
Flock Flock Safety Condor ™ PTZ
w/ LTE Service
1 year subscription, preferred contract length 2-5 years; Law enforcement grade live streamed PTZ camera with 30 days of edge storage. VMS included and server free. Installed and maintained by Flock Safety, turn key-no additional software or integrations required.
*Flock provided sim card camera is limited to 25 hours per month of live streaming.

Condor_PTZ_LTE $3,000.00
Flock Flock Safety Solar Condor
™ Fixed Condor Fixed, Solar, includes 30 days edge storage solar_condor_fixed_lte $3,250.00 Flock Flock Safety Wing ™ LPR
1 year subscription, preferred contract length 2-5 years; Wing software integration transforms traditional IP cameras into Flock Safety enabled LPR cameras. Includes Vehicle Fingerprint ™ computer vision
wing_integration $1,500.00
Flock Two Condor ™ Fixed Solar 2 Condor Fixed, Solar, includes 30 days edge storage dual_solar_condor_fixed_lte $5,200.00 Flock Two Condor ™ Fixed with
Solar Boost
2 Condor Fixed, Solar with Power Boost, includes 30 days edge storage
dual_solar_condor_fixed_lte_po
wer_boost $5,700.00
Flock Flock Safety Wing ™ Cloud
Live 10 - 99 streams
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 10-99 Streams wing_cloud_live_only $30.00 Flock Flock Safety Wing ™ Cloud
Live 100+ streams
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 100+ streams wing_cloud_live_only $22.00 Flock Flock Safety Wing ™ Cloud
Replay 10 - 99 streams 1 year subscription price; minimum subscription of 2 year. Replay.

Priced per stream. Includes 7 days worth of storage. 10-99 streams wing_cloud_replay $160.00
Flock Flock Safety Wing ™ Cloud
Replay 100+ streams 1 year subscription price; minimum subscription of 2 year. Replay.

Priced per stream. Includes 7 days worth of storage. 100+ streams wing_cloud_replay $130.00
Flock Flock Safety Wing ™
Gateway - 128 Streams
1 year subscription, preferred contract length 2-5 years; Gateway - 128 streams, includes 4 TB of data (up to 14 days) wing_gateway_128_streams $8,000.00 Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Flock Flock Safety Wing ™
Gateway - 16 Streams
1 year subscription, preferred contract length 2-5 years; Gateway - 16 streams, includes 4 TB of data (up to 14 days) wing_gateway_16_streams $600.00 Flock Flock Safety Wing ™
Gateway - 32 Streams
1 year subscription, preferred contract length 2-5 years; Gateway - 32 streams, includes 4 TB of data (up to 14 days) wing_gateway_32_streams $1,000.00 Flock Flock Safety Wing ™
Gateway - 8 Streams
1 year subscription, preferred contract length 2-5 years; Gateway - 8 streams, includes 4 TB of data (up to 14 days) wing_gateway_8_streams $300.00 Flock Wing VMS 10-99 Streams 1 year subscription price. 2 year subscription minimum. Pricing is per stream. 10-99 streams wing_VMS_10-99 $30.00
Flock Wing VMS 100-249
Streams
1 year subscription price. 2 year subscription minimum. Pricing is per stream. 100-249 streams wing_VMS_100-249 $24.00
Flock Wing VMS 1000+ Streams 1 year subscription price. 2 year subscription minimum. Pricing is per stream. 1000+ streams wing_VMS_1000_plus $22.00
Flock Wing VMS 250 - 999
Streams
1 year subscription price. 2 year subscription minimum. Pricing is per stream. 250 - 999 streams wing_VMS_250-999 $23.00
Flock Wing VMS 4-99 streams
Non LE
Non LE. 1 year subscription price. 2 year subscription minimum.

Pricing is per stream. 4-99 Streams wing_VMS_4-99_NonLE $45.00 Flock Wing VMS 100-249
streams Non LE
Non LE. 1 year subscription price. 2 year subscription minimum.

Pricing is per stream. 100-249 streams wing_VMS_100-249_NonLE $40.00 Flock Wing VMS 250-999
streams Non LE
Non LE. 1 year subscription price. 2 year subscription minimum.

Pricing is per stream. 250-999 streams wing_VMS_250-999_NonLE $38.00 Flock Wing VMS 1000+ Streams
Non LE
Non LE. 1 year subscription price. 2 year subscription minimum.

Pricing is per stream. 1000+ streams wing_VMS_1000plus_NonLE $36.00 Flock Wing Gateway 8 Streams -
Non LE
Non LE 1 year subscription, preferred contract length 2-5 years; Gateway - 8 streams, includes 4 TB of data (up to 14 days) wing_gateway_8_streams_NonL
E $1,160.00
Flock Wing Gateway 16 Streams -
Non LE
Non LE 1 year subscription, preferred contract length 2-5 years; Gateway - 16 streams, includes 4 TB of data (up to 14 days) wing_gateway_16_streams_NonLE $1,728.00 Flock Wing Gateway 32 Streams -
Non LE
Non LE 1 year subscription, preferred contract length 2-5 years; Gateway - 32 streams, includes 4 TB of data (up to 14 days) wing_gateway_32_streams_NonLE $2,624.00 Flock Flock Safety Wing ™ Cloud
Live 4-99 streams - Non LE
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 4-99 streams
wing_cloud_live_only_4-
99_NonLE $45.00
Flock
Flock Safety Wing ™ Cloud
Live 100-249 streams -
Non LE
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 100-249 streams
wing_cloud_live_only_100-
249_NonLE $40.00
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Flock
Flock Safety Wing ™ Cloud
Live 250-999 streams -
Non LE
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 250-999 streams
wing_cloud_live_only_250-
999_NonLE $38.00
Flock
Flock Safety Wing ™ Cloud
Live 1000+ streams - Non
LE
1 year subscription price; minimum subscription of 2 year. Live Only, priced per stream. 1000+ streams
wing_cloud_live_only_1000plus
_NonLE $36.00
Flock
Flock Safety Wing ™ Cloud
Replay 4-99 streams. Non
LE
Non LE. 1 year subscription price; minimum subscription of 2 year.

Replay. Priced per stream. Includes 7 days worth of storage. 4-99 streams
wing_cloud_replay_4-99_NonLE $265.00
Flock
Flock Safety Wing ™ Cloud
Replay 4-99 streams. Non
LE
Non LE. 1 year subscription price; minimum subscription of 2 year.

Replay. Priced per stream. Includes 7 days worth of storage. 100- 249 streams
wing_cloud_replay_100-
249_NonLE $232.00
Flock
Flock Safety Wing ™ Cloud
Replay 4-99 streams. Non
LE
Non LE. 1 year subscription price; minimum subscription of 2 year.

Replay. Priced per stream. Includes 7 days worth of storage. 250- 999 streams
wing_cloud_replay_250-
999_NonLE $225.00
Flock
Flock Safety Wing ™ Cloud
Replay 4-99 streams. Non
LE
Non LE. 1 year subscription price; minimum subscription of 2 year.

Replay. Priced per stream. Includes 7 days worth of storage. 1000+ streams
wing_cloud_replay_1000plus_N
onLE $217.00
Flock Condor Expansion Bundle Expansion offer: 1 Condor Fixed, Solar co-located on existing Falcon pole solar_condor_expansion $2,000.00
Flock Condor Expansion Bundle Expansion offer: 1 Condor Fixed, Solar co-located on existing Falcon pole with Solar Power Boost solar_condor_expansion_boost $2,500.00 Flock Condor Expansion Bundle 1 Condor Fixed, Solar and 1 Falcon co-located on same pole condor_falcon_bundle $5,000.00 Flock Condor Expansion Bundle 1 Condor Fixed, Solar and 1 Falcon co-located on same pole with Solar Power Boost condor_falcon_bundle_boost $5,500.00
Flock Condor Expansion Bundle Intersection Bundle 1: 4 Falcon, AC and 2 Condor Fixed, AC condor_falcon_intersection_bun
dle $7,500.00
Aerodome DFR 1.0
1 year subscription: M350 Drone, H20T/H30T, 16 TB65 Batteries, DFR Software Suite, Integrations, 40 hrs / wk of RPIC Coverage, Aerodome Regulatory Services, SOP/CONOP Development,
Training, Other Aerodome Services
AD-1 $196,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Aerodome DFR 2.0
1 year subsciption w/ hardware lease: M350, H20T\H30T, 16 TB65 Batteries, Atlas 350 Battery Swapping DFR Docking Station, DFR software suite, integrations, 3D Radar, Aerodome regulatory services, SOP/CONOP Development, training, and other Aerodome services
AD-21 $336,811.00
Aerodome DFR 2.0
3 year subscription w/ hardware lease: M350, H20T/H30T, 16 TB65 Batteries, Atlas 350 Battery Swapping DFR Docking Station, DFR Software Suite, Integrations, 3D Radar, Aerodome Regulatory Services, SOP/CONOP Development, Training, Other Aerodome Services
AD-23 $307,133.00
Aerodome DFR 2.0
1 year subscription w/hardware lease: M350, H20T\H30T, 16 TB65 Batteries, Atlas 350 Battery Swapping DFR Docking Station, DFR Software Suite
AD-211 $194,613.00
Aerodome DFR 2.0
3 year subscription w/ hardware lease: M350, H20T\H30T, 16 TB65 Batteries, Atlas 350 Battery Swapping DFR Docking Station, DFR Software Suite
AD-231 $150,715.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (0-10,000) Assist_Plus_10 $5,200.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (10,000- 30,000) Assist_Plus_30 $6,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (30,000 and 50,000) Assist_Plus_50 $7,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (50,000 and 80,000) Assist_Plus_80 $8,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (80,000 and 100,000) Assist_Plus_100 $9,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (100,000 and 120,000) Assist_Plus_120 $10,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (120,000 and 150,000) Assist_Plus_150 $11,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (150,000 and 180,000) Assist_Plus_180 $12,200.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (180,000 and 210,000) Assist_Plus_210 $14,200.00
Prepared
Cloud - Managed by Vendor
(Annual or Multi-Year
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (210,000 and 240,000) Assist_Plus_240 $16,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (240,000 and 270,000) Assist_Plus_270 $18,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (270,000 and 300,000) Assist_Plus_300 $20,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (300,000 and 350,000) Assist_Plus_350 $22,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (350,000 and 400,000) Assist_Plus_400 $24,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (400,000 and 450,000) Assist_Plus_450 $26,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (450,000 and 500,000) Assist_Plus_500 $28,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (500,000 and 550,000) Assist_Plus_550 $30,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (550,000 and 600,000) Assist_Plus_600 $34,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (600,000 and 650,000) Assist_Plus_650 $38,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (650,000 and 700,000) Assist_Plus_700 $42,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (700,000 and 800,000) Assist_Plus_800 $46,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (800,000 and 900,000) Assist_Plus_900 $48,200.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (900,000 and 1,000,000) Assist_Plus_1000 $50,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (1,000,000 and 1,100,000) Assist_Plus_1100 $52,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Plus Annual Subscription; Call Volume (1,100,000 and 1,300,000) Assist_Plus_1300 $54,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (0-10,000) Assist_Pro_10 $6,500.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (10,000- 30,000) Assist_Pro_30 $19,500.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (30,000 and 50,000) Assist_Pro_50 $30,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (50,000 and 80,000) Assist_Pro_80 $46,400.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (80,000 and 100,000) Assist_Pro_100 $58,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (100,000 and 120,000) Assist_Pro_120 $69,600.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (120,000 and 150,000) Assist_Pro_150 $84,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (150,000 and 180,000) Assist_Pro_180 $99,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (180,000 and 210,000) Assist_Pro_210 $115,500.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (210,000 and 240,000) Assist_Pro_240 $132,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (240,000 and 270,000) Assist_Pro_270 $145,800.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (270,000 and 300,000) Assist_Pro_300 $165,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (300,000 and 350,000) Assist_Pro_350 $185,500.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (350,000 and 400,000) Assist_Pro_400 $208,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (400,000 and 450,000) Assist_Pro_450 $234,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (450,000 and 500,000) Assist_Pro_500 $260,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (500,000 and 550,000) Assist_Pro_550 $275,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (550,000 and 600,000) Assist_Pro_600 $288,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (600,000 and 650,000) Assist_Pro_650 $312,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (650,000 and 700,000) Assist_Pro_700 $322,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (700,000 and 800,000) Assist_Pro_800 $352,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (800,000 and 900,000) Assist_Pro_900 $396,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (900,000 and 1,000,000) Assist_Pro_1000 $430,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (1,000,000 and 1,100,000) Assist_Pro_1100 $440,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Pro Annual Subscription; Call Volume (1,100,000 and 1,300,000) Assist_Pro_1300 $520,000.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (0- 10,000) Assist_Unlimited_10 $8,450.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (10,000-30,000) Assist_Unlimited_30 $25,350.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist UnlimitedAnnual Subscription; Call Volume (30,000 and 50,000) Assist_Unlimited_50 $39,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (50,000 and 80,000) Assist_Unlimited_80 $60,320.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (80,000 and 100,000) Assist_Unlimited_100 $75,400.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (100,000 and 120,000) Assist_Unlimited_120 $90,480.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (120,000 and 150,000) Assist_Unlimited_150 $109,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (150,000 and 180,000) Assist_Unlimited_180 $128,700.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (180,000 and 210,000) Assist_Unlimited_210 $138,600.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (210,000 and 240,000) Assist_Unlimited_240 $158,400.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (240,000 and 270,000) Assist_Unlimited_270 $174,960.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (270,000 and 300,000) Assist_Unlimited_300 $198,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (300,000 and 350,000) Assist_Unlimited_350 $222,600.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (350,000 and 400,000) Assist_Unlimited_400 $249,600.00
Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (400,000 and 450,000) Assist_Unlimited_450 $280,800.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (450,000 and 500,000) Assist_Unlimited_500 $312,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (500,000 and 550,000) Assist_Unlimited_550 $316,250.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (550,000 and 600,000) Assist_Unlimited_600 $331,200.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (600,000 and 650,000) Assist_Unlimited_650 $358,800.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (650,000 and 700,000) Assist_Unlimited_700 $370,300.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (700,000 and 800,000) Assist_Unlimited_800 $404,800.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (800,000 and 900,000) Assist_Unlimited_900 $455,400.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (900,000 and 1,000,000) Assist_Unlimited_1000 $494,500.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (1,000,000 and 1,100,000) Assist_Unlimited_1100 $506,000.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared Assist Unlimited Annual Subscription; Call Volume (1,100,000 and 1,300,000) Assist_Unlimited_1300 $598,000.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; Up to 15 First Responders OnScene_15 $3,600.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 16-25 First Responders OnScene_25 $5,400.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 26-50 First Responders OnScene_50 $10,800.00 Department of Information Resources Request for Offer DIR-CPO-TMP-577 Data Storage, Data Communications Networking Equipment and Relates Services BRAND CATEGORY PRODUCT DESCRIPTION PART NUMBER MSRP/List Price
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 51-100 First Responders OnScene_100 $15,600.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 101-200 First Responders OnScene_200 $28,800.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 201-300 First Responders OnScene_300 $36,000.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 301-500 First Responders OnScene_500 $54,000.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 501-700 First Responders OnScene_700 $67,200.00 Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 701-1,000 First
Responders OnScene_1000 $75,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 1,001-1,500 First Responders OnScene_1500 $99,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 1,501-2,000 First Responders OnScene_2000 $126,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 2,001-2,500 First Responders OnScene_2500 $150,000.00
Prepared
Cloud - Managed by Vendor
(Monthly, Daily, or Hourly
Subscription)
Prepared OnScene Annual Subscription; 2,501-3,000 First Responders OnScene_3000 $180,000.00
Department of Information Resources Request for Offer {{RFONUMBER}} {{SolicitationName}} Related Services MSRP/List Price
DIR Customer
Discount from
Example: Maintenance Example: $2,000.00 Example: 50%
Example: Server Installation Example: $1,000.00 Example: 25% Additional Trip - Additional signage installation (elective) $350.00 10%
Additional Trip - Angle adjustment (elective) $350.00 10% Additional Trip - Other $350.00 10%
Advanced Pole Relocation (non AC powered) $5,000.00 10% Camera Relocation for Falcon (non AC powered) $350.00 10% Coastal Mash Pole Install Fee *does not include AC power connection and/or electrician services $2,750.00 10% Community Program Implementation Fee 100-800 $20,000.00 10% Community Program Implementation Fee 20-160 $10,000.00 10% Community Program Implementation Fee 50-400 $20,000.00 10% Condor Install Fee *does not include AC power connection and/or electrician services $750.00 10% Existing Infrastructure for Falcon *does not include AC power connection and/or electrician services $150.00 10% Implementation Fee Electrical Services $1,250.00 10%
Implementation Fee Electrical Subscription $1,000.00 10% Implementation Fee Standard Mash Pole (one time) *does not include AC power connection and/or $1,250.00 10% Install Fee Falcon LR *does not include AC power connection and/or electrician services $1,000.00 10%
LPR Integration Setup $500.00 10%
Relocation Fee Flock Pole (non AC powered) $750.00 10% Solar Install Fee *does not include AC power connection and/or electrician services $750.00 10% Standard Flock Pole install_fee for Falcon *does not include AC power connection and/or electrician $650.00 10% Two Condor Bundle Install *does not include AC power connection and/or electrician services $900.00 10% Wing Gateway Implementation Fee $500.00 10% Wing Implementation fee per stream; 10 stream minimum $50.00 10%
Wing Replay Site Connection $500.00 10%
Wing System Connect Implementation $1,500.00 10% Professional Services - Customer Training for 12 months $25,000.00 10%
PLEASE NOTE: All prices quoted to Customers shall include the .75% administrative fee.

Price Sheet for Related Services
Exhibit A
Response for National Cooperative Contract

1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.

1.1 Requirement
The Region 4 ESC (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and OMNIA Partners, Public Sector, Inc., a Delaware corporation (“OMNIA Partners”), is requesting proposals for Weapons and Threat Detection Equipment, Services, and Other Solutions. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.

All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.

This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.

These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Version June 26, 2024
Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.

1.2 Marketing, Sales and Administrative Support
During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.

OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.

The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:

A. Marketing collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:

A. Individual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:

A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
Version June 26, 2024
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform.

1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $50M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.

1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the Participating Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners).

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All signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement.

Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.

1.5 Objectives of Cooperative Program
This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:

A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.

2.0 REPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.

2.1 Corporate Commitment
Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency.

Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.

2.2 Pricing Commitment
Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.

2.3 Sales Commitment
Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.

3.0 SUPPLIER RESPONSE
As part of the attributes in Ion Wave, Offeror’s are to supply the following information, to the best of their ability, in order for the Principal Procurement Agency to determine the Offeror’s ability to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.

3.1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.

B. Total number and location of salespersons employed by Supplier.

C. Number and location of support centers (if applicable) and location of corporate office.

D. Annual sales for the three previous fiscal years.

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a. Submit FEIN and Dunn & Bradstreet report.

E. Describe any green or environmental initiatives or policies.

F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.

Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency: ___________________________________ c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes No If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder
Yes No
If yes, list certifying agency: ____________________________________ H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards.

If any, list which certifications subcontractors hold and certifying agency.

N/A
I. Describe how supplier differentiates itself from its competitors.

Flock Safety distinguishes itself from competitors primarily by its centralized, cloud-based data storage system, which allows for comprehensive vehicle identification beyond just license plates, utilizing "Vehicle Fingerprint" technology to capture unique car features like roof racks or wheels, and by offering a large network of cameras across various locations, creating a broader surveillance picture for law enforcement compared to more targeted ALPR systems
J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.

K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable;
Xb. is not owned or operated by anyone who has been convicted of a felony; or
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.

L. Describe any debarment or suspension actions taken against supplier Version June 26, 2024

3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

B. Describe how supplier proposes to distribute the products/service nationwide.

Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.

C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.

D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.

E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

3.3 Marketing and Sales
A. Given the public nature of the solicitation and contract, OMNIA Partners makes solicitation and contract documentation, including pricing documents, available on its website so Participating Public Agencies may easily conduct their due diligence. Describe any portions of the response that should not be available on the website and why those portions should not be available.

B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days
C. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
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ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.

Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
ξ OMNIA Partners standard logo;
ξ Copy of original Request for Proposal;
ξ Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
ξ Summary of Products and pricing;
ξ Marketing Materials
ξ Electronic link to OMNIA Partners’ website including the online registration page;
ξ A dedicated toll-free number and email address for OMNIA Partners
D. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners.

Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

E. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.

F. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
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ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
G. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts H. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
I. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.

I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.

J. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.

K. State the amount of Supplier’s Public Agency sales for the previous fiscal year.

Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.

L. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.

M. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).

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$___0____.00 in year one
$___0____.00 in year two
$___0____.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

N. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with
lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master
Agreement as the alternate or additional proposal.

Detail Supplier’s strategies under these options when responding to a solicitation.

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CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY
Date Received
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed.

Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?
Yes No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer.

Controlling
Name of Interested Party
4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)

CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
1 OFFICE USE ONLY
2 11/21/2024
Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

Name of business entity filing form, and the city, state and country of the business entity's place of business.

Flock Group Iin
Atlanta, GA United States
Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Omnia Partners
ALPR Services
0000
2024-1241685
Date Filed:

Date Acknowledged:

Certificate Number:

CERTIFICATION OF FILING
Langley, Garrett Atlanta, GA United States X
Feury, Matt Atlanta, GA United States X
Sukhar, Ilya San Francisco, CA United States X
Clayton, Alex San Francisco, CA United States X
Ulevitch, David New York, NY United States X
Herendeen, Julie San Francisco, CA United States X
Ceran, Jennifer San Francisco, CA United States X
6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________,

UNSWORN DECLARATION
5 Check only if there is NO Interested Party.

My address is _______________________________________________, _______________________, and my date of birth is _______________________.

Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street) (state) (zip code) (country)
(month) (year)
_______, ______________, _________.

State of ________________, on the _____day of ___________, 20_____. (city)
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2 !
!

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"

!

Appendix C, Doc #2

ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

3. In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and

4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company

Appendix C, DOC # 4
T
Texas Government Code 2270 Verification Form
House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.

Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.

I, ____Mark Smith_______________________________________________, as an authorized representative of ______Flock Group Inc.______________, a contractor engaged by Insert Name of Company Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above-named Texas governmental entity in the future.

Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.

I further affirm that if our company's position on this issue is reversed and this affirmation is

no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.

I swear and affirm that the above is true and correct.

Signature of Named Authorized Company Representative
Date

Exhibit F
Federal Funds Certifications

FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:

Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.

DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract.

Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.

Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a passthrough entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

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Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.

Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.

Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.

Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.

The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data

or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that—
(1) It Ƒ will, Ƒ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It Ƒ does, Ƒ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
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(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
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(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or thirdparty audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does offeror agree? YES Initials of Authorized Representative of offeror (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

Does offeror agree? YES Initials of Authorized Representative of offeror (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
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Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.

Does offeror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the nonFederal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These

requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

Does offeror agree? YES Initials of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does offeror agree? YES Initials of Authorized Representative of offeror (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does offeror agree? YES Initials of Authorized Representative of offeror Version June 26, 2024
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.

Does offeror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonFederal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making

of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS

INVOLVING FEDERAL FUNDS
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When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY

POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally:
(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. (2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK

CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.

Check for YES:

Certificate of Non-Compliance with 49 USC §5323(j)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7. Check for YES:

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FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA:

CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES:

OR
Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7. Check for YES:

Does offeror agree? YES Initials of Authorized Representative of offeror _____ Offeror’s Name: _________Flock Safety__________________________________________________________________ Address, City, State, and Zip Code: _1170 Howell Mill Road NW, Ste 210, Atlanta, GA 30318___________________ Phone Number:
_____866-901-1781_____________________________
Fax Number: ______N/A________________________________
Printed Name and Title of Authorized Representative: ______Mark Smith - General Counsel and Secretary_____________ Email Address: [email protected]______________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror agree? YES Initials of Authorized Representative of offeror _____

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror _____

COMMUNITY DEVELOPMENT BLOCK GRANTS

Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions of the Federal DavisBacon Act. HUD-4010 Labor Provisions also applies to this contract.

Does offeror agree? YES Initials of Authorized Representative of offeror _____ Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name: Flock Safety
Address, City, State, and Zip Code: 1170 Howell Mill Road NW, Ste 210, Atlanta, GA 30318 Phone Number: _______866-901-1781______________ Fax Number: N/A_________________________ Printed Name and Title of Authorized Representative: Mark Smith - General Counsel and Secretary Email Address: [email protected]
Signature of Authorized Representative: ____________________________________ Date: _______November______________
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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.
“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”. “Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal

benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to: 1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

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2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses 1.

CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.

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1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.

1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- 1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract,
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loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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(5) The contractor will comply with all provisions of Executive Order 11246 of September

24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Version June 26, 2024
applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor

Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. c. Requirements. If applicable, the non-federal entity must do the following:
i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the DavisBacon Act, must also include a provision for compliance with the Copeland “AntiKickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).

The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non
Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause: Compliance with the Davis-Bacon Act.

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a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public

Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

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The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E).

Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
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$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the nonFederal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA.

See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act Version June 26, 2024
as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION
a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative Version June 26, 2024
agreement programs.
c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount. 3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, Version June 26, 2024
subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.
c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
d. Required Certification. If applicable, contractors must sign and submit to the non-federal Version June 26, 2024
entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official: Mark Smith - General Counsel and Secretary Date
Version June 26, 2024

11. PROCUREMENT OF RECOVERED MATERIALS
a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
d. Suggested Language.
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. DOMESTIC PREFERENCES FOR PROCUREMENTS

As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.

Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:
i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

15. DHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1

(2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

Version June 26, 2024

16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

17. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729- 3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions:

Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.” d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to

the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

Version June 26, 2024
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Offeror’s Name: ____Flock Safety_____________________________________ Address, City, State, and Zip Code: 1170 Howell Mill Road NW, Ste 210, Atlanta, GA 30318 Phone Number: ____866-901-1781__________ Fax Number: _______N/A___________________ Printed Name and Title of Authorized Representative: Mark Smith - General Counsel and Secretary Email Address: [email protected]_________________________________________ Signature of Authorized Representative: ____________________________________ Date: ________________________________
Version June 26, 2024

Appendix C, Doc #1

ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY

OPEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.

Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).

Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:

We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.

(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.)

Date Authorized
Signature
Title: General Counsel and Secretary

Most of our hardware is encased in plastic and are thus IK07.

Flock Safety + CA - Madera PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Caroline Fraher
[email protected]
3108443659
Created Date: 05/01/2025
Expiration Date: 05/31/2025
Quote Number: Q-138845
PO Number:

Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.

Bill To: 330 S C St Madera, California 93638 Ship To: 330 S C St Madera, California 93638 Billing Company Name: CA - Madera PD Subscription Term: 24 Months Billing Contact Name: Payment Terms: Net 30
Billing Email Address: Retention Period: 30 Days
Billing Phone: Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $22,800.00
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 8 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard
Implementation Fee $617.50 1 $617.50
Professional Services - Existing Infrastructure
Implementation Fee $142.50 7 $997.50
Subtotal Year 1: $24,415.00
Annual Recurring Subtotal: $22,800.00
Discounts: $2,485.00
Estimated Tax: $0.00
Contract Total: $47,215.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change.

Proposed Special Terms: OMNIA Contract #RS250203
Billing Schedule Amount (USD)
Year 1
At Contract Signing $24,415.00
Annual Recurring after Year 1 $22,800.00
Contract Total $47,215.00
*Tax not included
Discounts Applied Amount (USD)
Flock Safety Platform $2,400.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $85.00
Product and Services Description
FlockOS Features Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Professional Services - Standard Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Existing Infrastructure Implementation Fee One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 7, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Contractor Services Agreement with EMTS Inc. for Professional Landscape Maintenance Services RECOMMENDATION:

1. Adopt a Resolution awarding a Contractor Services Agreement under Request for Proposal (RFP) No. 202425-15 to EMTS Inc, dba Elite Maintenance & Tree Services, for Professional Landscape Maintenance Services in the amount of $294,457.56, for the Downtown District, certain City facilities & non-medians, and median islands

2. Adopt a Resolution Amending the City’s Fiscal Year 2024/25 Adopted Budget for $5,790 SUMMARY:

On March 19, 2025, the City received four proposals from interested contractors vying for the opportunity to provide professional landscape maintenance services for the Downtown District, certain City facilities and non-medians, and several median islands throughout the City. The submitted proposals were in response to RFP No. 202425-15, released on Wednesday, February 19, 2025.

Staff is recommending awarding RFP No. 202425-15 to EMTS in the amount of $294,457.56. The agreement will be for a period of three years, with the option to extend the terms of the agreement for two additional years with mutual consent.

DISCUSSION:

The City has historically retained contractors to perform landscape maintenance work at several City-owned properties, including the Downtown area, certain City facilities, and City median islands. These are broken into the three following groups.

D-1
▪ Group 1 is the Downtown area map, which includes the areas north to south between North A Street to South E Street, and east to west from East 5th Street to East 6th Street. ▪ Group 2 includes maps for non-medians and certain City facilities including, but not limited to, City Hall, Corporation Yard, Police Department, Frank Bergon Senior Center, and John Wells Youth Center.
▪ Group 3 includes such City medians along Yosemite Avenue, Gateway Drive, Howard Road, and Cleveland Avenue.

Detailed maps of the service areas are included in this report, as Attachment 2.

The current contractor, EMTS, has maintained the areas within the program since 2020.

Specifically, EMTS was awarded the agreement on February 19, 2020, under RFP 201920-08 at $200,880/year. At the time, EMTS came in as the lowest proposal, scoring at the top in nearly all categories reviewed, as part of the proposal’s evaluation. The agreement was set for three years, with the option of a two-year extension with mutual written consent. On February 15, 2023, the Council approved Amendment No. 1 to the agreement for the two-year extension, extending the agreement through February 20, 2025. The agreement was increased to $224,985.60/year for the two-year extension.

On February 5, 2025, the Council approved a 90-day extension to the agreement through May 21, 2025, to allow for finalization of RFP No. 202425-15 and submittals. The agreement's fee costs remained unchanged.

As a result, on February 19, 2025, RFP No. 202425-15 for Professional Landscape Maintenance Services was published.

Review Process
With the RFP publicly released on February 19, 2025, responses to the RFP were due on March 19, 2025. The Procurement Manager reviewed the four proposals submitted initially for compliance with requirements, completeness, and responsiveness. They were then forwarded to a review committee for scoring and ranking, without the cost proposal totals. A committee of staff from the Parks and Community Services Department, the Public Works Department, and the Finance Department reviewed the proposals submitted. The RFP detailed the evaluations to be rated based on the following criteria:
▪ Sufficient Experienced Personnel for the Project
▪ Maintenance Experience
▪ Approach to Work/Task/Schedules
▪ References
▪ Cost Proposal
From these categories, a total score and ranking were provided. The proposals, ranging in fees from $253,500 to $530,520, were ranked by the review committee as detailed below in Table 1.

The cost proposal fees were calculated into the final weighted totals. Proposals were numerically scored and ranked using the criteria and weighting described in the RFP. The scores assigned reflect the extent to which the criteria were evaluated as being fulfilled relative to other proposals. The cost of service presented in the proposals represented only one of the several criteria used in the evaluation of proposals. City Ordinance No. 1015 C.S., Section 2-4-10, makes the provision for an RFP being “generally the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered).” For RFP 202425-15, the cost proposal was 50% of the evaluation total, with the evaluation criteria as follows:
▪ Sufficient Experienced Personnel for the Project: 10% ▪ Maintenance Experience: 10%
▪ Approach to Work/Tasks/Schedule: 20%
▪ References: 10%
▪ Fee: 50%
Table 1: Proposals Received Ranked by Weighted Totals
Committee
Rank
Firm Weighted
Totals
Cost Proposal
per year
1 Elite Maintenance & Tree Services 87.25 $294,457.56
2 Priority Landscaping Services, LLC 82.00 $275,245.32
3 New Image Landscape Company 80.65 $253,500.00
4 Villa Gardening Service, Inc. 59.08 $530,520.00
EMTS was ranked the highest by the review committee out of the four proposals, representing the best value for the City. They scored near the top in all categories evaluated. EMTS would bring the following value to the City:
▪ EMTS has over 30 years of experience in the landscape industry. They have experiencing providing professional landscape management for commercial landscape area including Homeowners Associations, health care, industrial, retail facilities, and municipalities, including the City of Madera.
▪ Possess all licensing requirements, including C27 contractor license, DIR registration, Gardener Pest Control license, City of Madera business license, and capability to fulfill insurance criteria and coverage amounts.
▪ Access to over 225+ team members, providing expertise in landscape management, plants, irrigation systems, watering conditions, erosion control, chemical application, fertigation, arbor care, weed abatement, and pest management. ▪ Will dedicate a maintenance crew, with a detailed equipment list including vehicle, machinery, and equipment quantity.
▪ Will dedicate an Irrigation Technician, equipped with their vehicle, machinery and equipment.
▪ Will dedicate a Spray Technician, also equipped with their vehicle, machinery, and equipment.
▪ To ensure timely management, should a piece of equipment fail the crews, EMTS has access to both a mobile and in-house mechanic to make the necessary repairs as well as access to rental equipment to prevent any services from stalling. ▪ EMTS has its headquarters in Clovis and has five branches and additional satellite yards serving Central and Northern California territories.

EMTS is the current contractor providing the landscape maintenance services for the Downtown District, certain City facilities, and several median islands throughout the City. Their current agreement is set to expire May 21, 2025. The current agreement is for $224,985.60.

It is to be noted, during the course of the current agreement with EMTS, they have performed satisfactorily and without issues. They are punctual, complete work as requested, and work closely with the City, communicating their schedule without concerns.

FINANCIAL IMPACT:

The financial impact of the new agreement represents an increase of $69,471.96 per year from the current agreement, as of Amendment No. 1 cost schedule with EMTS. This includes the current cost schedule of $224,985.60 to the new proposed agreement total of $294,457.56. The costs would be broken down into three respective budgets as follows:
▪ $8,010.96 in City’s Parking District Operations budget (4140-0000-6440), funded by the Downtown Association (Group 1)
▪ $88,988.76 in Parks Maintenance budget (1020-6100-6440), funded by the City’s General Fund (Group 2)
▪ $197,457.84 in Median Landscaping budget (1020-6120-6440), funded by the Gas Tax revenue (Group 3)
Table 2 outlines the cost comparison over the past few years for each of the groups.

Table 2: Landscape Costs Comparisons – Annual Cost
Group 1 Group 2 Group 3 Total Cost
EMTS Agreement Approved
February 19, 2020 $5,460 $60,840 $134,580 $200,880
EMTS Amendment No. 1
(Current Cost Schedule) $6,115.20 $68,140.80 $150,179.60 $224,985.60 RFP No. 202425-15
EMTS Bid Results $8,010.96 $88,988.76 $197,457.84 $294,457.56 The increase in the agreement results from various items, including a rise in wages, cost of supplies and materials, equipment, fuel, and additional areas of service that the new agreement outlines. Specifically, there were four new areas added, and one map’s landscape maintenance needs were expanded beyond the scope of the previous contract. These included:
▪ Expanding the Police Department site map to include an additional new parking lot and maintenance on the D Street entry/exit side.
▪ Adding the John Wells Youth Center site excluding the playground and pool ▪ Adding the Madera Municipal Airport entryway on Airport Drive ▪ Adding Tiburon Way, from Hampton Drive to Hillsboro Avenue along the Fresno River ▪ Adding Accornero Street medians, from National Avenue to Sunset Avenue ▪ Removal of the previous 4th Street and Sunset median map The total number of areas being covered includes a total of 41 distinct maps versus 38 maps previously serviced.

Since the agreement would be scheduled to terminate on May 21, 2025, a budget adjustment is also being requested to account for the work to be completed through June 30, 2025. While staff budgeted for the services through June 30, 2025, the projections were based on the current agreement totals set to expire May 21, 2025. A budget adjustment would allow staff to account for the difference in the monthly cost, per budget, effective May 22, 2025, through June 30, 2025.

Table 3 shows a monthly cost comparison from the current agreement versus the proposed agreement, and the difference needed to account for through June 30, 2025. The additional amount needed would be $5,789.33.

Table 3: Landscape Costs Comparisons – Total Monthly Cost Group 1 Group 2 Group 3 Total Monthly
Cost
EMTS Agreement Cost Per
Month – Expiring May 21, 2025 $509.60 $5,678.40 $12,560.80 $18,748.80 EMTS Agreement Cost Per
Month – Effective May 22, 2025 $667.58 $7,415.73 $16,454.82 $24,538.13 Difference -/+ +$157.98 +$1,737.33 +$3,894.02 +$5,789.33 The agreement total would be budgeted accordingly in FY 2025/26. The revenue sources for these increases will come from Gas Tax revenue, the Downtown Association, and the City’s General Fund.

ALTERNATIVES:

Staff has carefully considered the bids received for the project. An alternative course of action involves rejecting all bids which could potentially lead to several consequences that need to be taken into account.

Rebidding the project introduces uncertainties that may impact the project's overall cost. There is a possibility of receiving higher bids or encountering a lack of additional bids in a subsequent bidding process. This scenario could prolong the timeline for selecting a contractor, which would impact the work needed, either coming to a halt or being reduced significantly, as the work would have to be redirected to the existing Parks Maintenance staff in addition to their regular duties.

ATTACHMENTS:
ϭ͘ Resolution awarding a Contractor Services Agreement under Request for Proposal (RFP) No. 202425-15 to EMTS Inc, dba Elite Maintenance & Tree Services, for Professional Landscape Maintenance Services in the amount of $294,457.56, for the Downtown District, certain City facilities, and median islands a͘ Exhibit 1 – Contractor Services Agreement
Ϯ͘ Maps of Landscape Maintenance Service Areas
ϯ͘ Resolution Amending the City’s Fiscal Year 2024/25 Adopted Budget for $5,790 a͘ Exhibit A – Budget Amendment
ATTACHMENT 1
Adopt a Resolution awarding a Contractor Services Agreement under Request for Proposal (RFP) No. 202425-15 to EMTS Inc, dba Elite Maintenance & Tree Services, for Professional Landscape Maintenance Services in the amount of $294,457.56, for the Downtown District, certain City facilities, non-medians and median islands Exhibit 1 – Contractor Services Agreement
RESOLUTION NO. 25 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING RESOLUTION AWARDING A CONTRACTOR
SERVICES AGREEMENT UNDER REQUEST FOR PROPOSAL (RFP) NO. 202425-15 TO EMTS INC, DBA ELITE MAINTENANCE & TREE SERVICES,

FOR PROFESSIONAL LANDSCAPE MAINTENANCE SERVICES IN THE
AMOUNT OF $294,457.56
WHEREAS, the City of Madera released a Request for Proposals (RFP) No. 202425-15 calling for Professional Landscape Maintenance Services; and WHEREAS, the RFP No. 202425-ϭϱ was released on February 19, 2025; and WHEREAS, the RFP No. 202425-15 was duly noticed and published accordingly; and WHEREAS, there were 4 bids received as of March 19, 2025; and WHEREAS, the 4 bids were evaluated for completeness, responsiveness, and cost; and WHEREAS, EMTS Inc submitted the most responsive, responsible, and complete proposal at $294,457.56; and
WHEREAS, the City wishes to enter into a Contractor Services Agreement with EMTS Inc for the professional landscape maintenance services; and WHEREAS, the agreement would be for three years through May 7, 2028, with the option of a two-year extension with written mutual consent.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:
ϭ͘ The above recitals are true and correct.

Ϯ͘ dhe itǇ oƵnĐil oĨ the itǇ oĨ Dadera does herebǇ aĐĐeƉt the ĨoƵr bids reĐeiǀed Ĩor this ƉrojeĐt͕ Ĩinds that
Dd^ /nĐ͕ is the ŵost resƉonsiǀe and resƉonsible bidder͕ and aǁards a serǀiĐe aŐreeŵent ĐontraĐt to
Dd^ /nĐ͘ Ĩor the RFP ϮϬϮϰϮϱͲϭϱ ProĨessional >andsĐaƉe
DaintenanĐe ^erǀiĐes ƉrojeĐt in the aŵoƵnt oĨ ΨϮϵϰ͕ϰϱϳ͘ϱϲ as attaĐhed hereto as ǆhibit
ϭ͘
ϯ͘ This Resolution is effective immediately upon adoption. *******
Exhibit 1 – Contractor Services Agreement

CONTRACTOR SERVICES AGREEMENT

CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND EMTS INC dba Elite Maintenance & Tree Service
This Contractor Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and EMTS INC dba Elite Maintenance & Tree Service ("Contractor”). This Agreement shall be effective on the date signed by City which shall occur after execution by Contractor (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, RFP No 202425-15, to select a Contractor to provide Professional Landscape Maintenance Services.

B. Contractor submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a Contractor and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Contractor to perform the requested Services on the basis of Contractor's demonstrated competence and professional qualifications.

D. City desires to retain Contractor, and Contractor desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Contractor agree as follows:

AGREEMENT

1. Scope of Services. Contractor shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated by herein by this reference. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. [Note: Scope of Services Exhibit will also include the text from RFP regarding Maintenance Standards and Other Provisions.]

2. Commencement of Services; Term of Agreement. Contractor shall commence the Services upon City’s issuance of a written "Notice to Proceed." This Agreement shall be effective on May 22, 2025, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through May 22, 2028, unless otherwise terminated earlier by one of the parties pursuant

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Madera City CouncilMay 7, 2025

Madera City Council
May 7, 2025