Indeed, CaliBliss had more than sufficient time to review its documents and provide them to the City in support of the Appeal , as indicated in the timeline below:
• On May 30, 2023, CaliBliss submitted its formal Notice of Appeal ("Notice") to the City, only supported by: (i) conceptual design drawings ; and (ii) plan check review comments from the City. • On June 27, 2023, the City provided formal notice that the first hearing on the Appeal would be heard on July 24, 2023, and CaliBliss did not provide any other evidence supporting the Appeal. • On July 25, 2023, after CaliBliss agreed to permit the City to re-calendar the hearing, the City sent you an email requesting additional information from CaliBliss , including additional supporting documentation, and requested that such information be provided no later than August 28, 2023.
• On August 10, 2023, the City sent an additional letter to you requesting that you explain the apparent disagreement regarding the pursuit of the Appeal between you and Mr. John Mikhail and its impact on whether Cali Bliss had authorization to appeal the expiration of the Permit. • On August 25, 2023, you sent the City a letter that repackaged much of the written explanation in the Notice, asserted that you could pursue the Appeal on behalf of CaliBliss , and only attached:
(i) CalBliss' Operating Agreement ; and (ii) CaliBliss' recent Statement of Information . • On September 1, 2023, Scott Taschner first emailed the City and stated he had "received a handful of documents from Andrew that will help explain/answer Council's questions, " but on a later call suggested that he had yet to fully review them and did not know whether the documents supported the Appea l.
• On September 9, 2023, you emailed the City stating you were creating a "list" of relevant documents.
Put simply, CaliBliss has had multiple opportunities over three (3) months to provide the documents it now seeks to review and produce to the City in support of the Appeal.
Attempted Sale of the Permit
On September 6, 2023, the Department of Special Program Compliance received an inquiry into "purchasing " the Permit. A copy of a listing to sell the property at which CaliBliss will operate (560-562 S.
Indian Canyon Dr., Palm Springs, CA 92265) was provided to our office , which is located online at: 560- 562 S Indian Canyon Dr Palm Springs. CA 92264 (loopnet.com) ("Listing"). A printed copy of the Listing is attached hereto as Attachment 1. The Listing clearly states that "[t]he property has a cannabis dispensary license with delivery , available for sale. License to be sold separately ." First, the Conditional Cannabis Permit is presently the subject the Appeal and the City Council has made no decision to grant an extension.
Second, the City has significant concerns regarding any attempt by CaliBliss to sell the Permit. A Conditional Cannabis Permit is not eligible for sale or transfer. Pursuant to Palm Springs Municipal Code
5.55.130, subdivision (b), only Annual Cannabis Permits are eligible to be transferred or sold:
Item 2B - Page 82
Andrew Mekhail
September 12, 2023
8. Transfer, conveyance, or sale of any or all ownership interests or control of an Adult-Use Cannabis Business or transfer of any Adult-Use Cannabis Permit issued under this Chapter may only be made to a person who has applied for and has been issued an Adult-Use Cannabis Permit or permits pursuant to the provisions of this Chapter and is otherwise fully qualified to operate an Adult-Use Cannabis Business in the City and approved by the City Manager. Any attempt to transfer an Adult-Use Cannabis Permit or an ownership interest in an Adult-Use Cannabis Business in violation of this Section shall render the Adult-Use Cannabis Permit for the Adult-Use Cannabis Business and all rights to operate such business in the City void.
The Permit is a "Conditional," not "Adult-Use Cannabis," permit and is not eligible for sale or transfer at all. (See Palm Springs Municipal Code 5.55.050 [providing that a '"Condition Cannabis Permit' ... does not permit the Applicant to commence actual operations of any Adult-Use Cannabis Activity."].) Feel free to contact me with any questions or concerns.
Sincerely,
CITY OF PALM SPRINGS
Veronica Goedhart, Director
Department of Special Program Compliance
cc: John Mekhael
Michael Kamali
8182666424
Pars Properties
560-562 S Indian Canyon Dr
2,880 SF | Retail Building | Palm Springs, CA | $1,695,000 ($589/SF) | 5.30% Cap Rate
INVESTMENT HIGHLIGHTS
Strategically situated on famous Indian Canyon
Drive with signage and storefronts visible to over
50,000 daily drivers
•
The property is located in a very prominent area of
downtown Palm Springs
•
Approximately 1 million tourists stay in hotels in
Palm Springs annually while another 600,000
visitors stay in non-hotel accommodations
•
Item 2B - Page 83
{, LoopNet™
EXECUTIVE SUMMARY
The penthouse upstairs are currently rented out for a total of $3500 per month, downstairs is available for lease or owner user. The property has a cannabis dispensary license with delivery, available for sale. License to be sold
separately. Property is on non-Tribal land, you own the land upon purchase.
FINANCIAL SUMMARY (PRO FORMA - 2023)
ANNUAL ANNUAL PER SF
Gross Rental Income $93,840 $32.58
Other Income $10,937 $3.80
Vacancy Loss - -
Effective Gross Income $104,777 $36.38
Taxes - -
Operating Expenses - -
Total Expenses $21,875 $7.60
Net Operating Income $82,902 $28.79
Item 2B - Page 84
PROPERTY FACTS
Sale Type Investment or Owner User
Property Type Retail
Property Subtype
Building Size 2,880 SF
Building Class C
Year Built/Renovated 1958/2020
Price $1,695,000
Price Per SF $589
Cap Rate 5.30%
NOI $89,902
Tenancy Single
Building Height 2 Stories
Building FAR 0.47
Land Acres 0.14 AC
Zoning C1
Parking 8 Spaces (2.57 Spaces per 1,000 SF Leased)
Frontage 52 FT on S Indian Canyon Dr
Storefront Retail/Residential
AMENITIES
Balcony•
Item 2B - Page 85
TRAFFIC
COLLECTION STREET CROSS STREET TRAFFIC VOLUME YEAR DISTANCE S Indian Canyon Dr W Ramon Rd, N 11,685 2022 0.04 mi
S Palm Canyon Dr W Ramon Rd, N 11,724 2022 0.07 mi
W Ramon Rd S Indian Canyon Dr, E 9,274 2022 0.08 mi
S Palm Canyon Dr S Indian Canyon Dr, NW 27,573 2022 0.10 mi E Ramon Rd S Cll Encilia, E 13,413 2022 0.10 mi
W Ramon Rd S Belardo Rd, W 4,715 2022 0.14 mi
Item 2B - Page 86
COLLECTION STREET CROSS STREET TRAFFIC VOLUME YEAR DISTANCE S Indian Canyon Dr E Saturnino Rd, N 15,221 2022 0.16 mi S Palm Canyon Dr W Ramon Rd, S 11,871 2022 0.19 mi
S Belardo Rd W Baristo Rd, N 2,605 2022 0.25 mi
S Indian Canyon Dr la Plz, N 14,101 2022 0.47 mi
WALK SCORE ®
Very Walkable (82)
NEARBY MAJOR RETAILERS
TRANSPORTATION
AIRPORT
Palm Springs International Airport 9 min drive 4.8 mi
PROPERTY TAXES
Parcel Number 508-121-004 Improvements
Assessment
$1,108,991
Land Assessment $204,979 Total Assessment $1,313,970
Item 2B - Page 87
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MAP OF 560-562 S INDIAN CANYON DR PALM SPRINGS, CA 92264 Item 2B - Page 88
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ADDITIONAL PHOTOS
Plat Map
Building Photo
Building Photo
Building Photo
Interior Ground Floor
Residential Unit Photo
Item 2B - Page 89
Oii. 05,
Building Photo
Other
Other
Residential Unit Photo
Residential Unit Photo
Residential Unit Photo
Item 2B - Page 90
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Residential Unit Photo
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Residential Unit Photo
Residential Unit Photo
Item 2B - Page 91
Listing ID: 29243161 Date Created: 8/10/2023 Last Updated: 8/23/2023 Address: 560-562 S Indian Canyon Dr, Palm Springs, CA
Residential Unit Photo
Residential Unit Photo
Residential Unit Photo
Residential Unit Photo
Residential Unit Photo
Residential Unit Photo
Item 2B - Page 92
The LoopNet service and information provided therein, while believed to be accurate, are provided "as is". LoopNet disclaims any and all representations, warranties, or guarantees of any kind.
Item 2B - Page 93
ATTACHMENT K
Item 2B - Page 94
Item 2B - Page 95
TheESCROW-
con nectl. on 1111 E. Tahquitz Canyon Way, #101 theescrowconnection.com Palm Springs, CA 92262 (7i0) 327-85i6 fax (761) 327-1812
BUYER/BORROWER STATEMENT
File No.: 43226-KK Printetl Datetrime: 12/11/2019 - 2:53:55PM Officer/Esc row Officer: Kathy Kleindienst
Buyerillorrower : St Paul Trading LLC
Seller: Michael L. Rivkin and Linda E. Rivkin, Trustees
TOTAL CONSIDE RATION
Initial De osit
Additional De osit
PRO RATIONS/ ADJUSTMENTS:
Rents
Rents
Securi
TlTLE CHARGES
Deed Recordin Fee: First American Title Insurance Com an ESCROW CHARGES TO: The Escrow Connection
Escrow Fee
Archive Fee
LENDER CHARGES
New to Michael L. Rivkin and Linda E. Rivkin, Trustees:
SUBTOTALS
DUE TO BUYER/BORROWER
TOTALS
Page I of 1
Closing Date:
Disbursement Date:
12/11/2019
12/11/2019
I 250 000.00
1,005.81
20.00 43.00
15.00 3,325.00
100.00
75.00 75.00
1,254,658.81 I
1,236.421
1,255,895.23 I
10,000.00
1 238 895.23
1 000.00
1 000.00
3 000.00
1 500.00
500.00
1,000,000.00
1,255,895.23
1,255,895.23
I
Item 2B - Page 96
STRATEGICIDEAS _
CaliBl iss Dispensary & Lounge - High Leve l Financi als Assum1;1tions Initial Year 1 Year 2 Year 3 Year 4 Year 5 Marketing
Cannabis User Demographics
Estimated Cannabi s Users(% of total population, using legal sources) 3.6% 4.1% 4.8% 5.6% 6.4% Tourist
Estimated Tour ist Cannabis Users ('000s, using legal sources) 487.0 563.8 652.7 755.5 874.6 YOUR ESTIMATE OF YOUR MARKET SHARE 2% 4% 5% 5% 5%
CaliBliss Dispensary & Lounge Estimated Customers ('000s, p.a.) 9.7 22.6 32.6 37.8 43.7 per week (individual s) 191 442 640 741 857
per day (individual s) 27 62 89 103 120
Assuming ONE trip per indiv idual
Local - Total Cannabis Users
Estimated Cannabi s Users ('000s , using legal sources) 1.7 1.9 2.1 2.4 2.6 Local - M edicinal
YOUR ESTIMATE OF YOUR MARKET SHARE 5% 8% 12% 15% 15%
CannaBliss Estimated Customer s (individuals) 28 38 47 so 41 Frequency of Trips and YOUR ESTIMATES (every X days) 10 10 10 10 10 10 Source: New Frontier Dat a, 2017
CannaBliss Estimat ed Custo mer Visits ('000s, p.a.) 1.0 1.4 1.7 1.8 1.5 per week (indivi duals) 20 27 34 35 30
per day (individu als) 3 4 5 5 4
Local - Recreational
Estimated Recreati onal Cannabis Users (indiv idua ls, legal sources) 1,152 1,440 1,736 2,043 2,367 YOUR ESTIMATE OF YOUR MARKET.SHARE 5% 8% 12% 15% 15%
CannaBliss Estim ated Customers (individua ls) 58 115 208 306 355 Frequency of Trips and YOUR ESTIMATES (every X days) 14 14 14 14 14 14 Source: New Front ier Data, 2017
CannaBliss Estimated Customer Visits ('000 s, p.a.) 1.5 3.0 5.4 8.0 9.3 per week (individual s) 29 59 106 157 181
per day (individ uals) 4 8 15 22 25
Item 2B - Page 97
CaliBliss Dispensary & Lounge - High Level Financials
Mode lled number of total daily customers
Sales
Overall Assumptions
YOUR ESTIMATE OF CANNABIS PRICE CHANGES
Cannabis Price Index
YOUR ESTIMATE OF FOOD AND DRINK PRICE CHANGES
Source: Federal Reserve
Food and Dri nk Price Index
CannaBliss
Tourist Spend Per Sale
Source: Forbes, $25-$50 per trip, $33 median, 2017
!Total Sales ($'000s, p.a.)
Local Medicina l Spend Per Sale
Source: New Frontier Data, 2017
!Total Sales ($'000s, p.a.)
Local Recreat ional Spend Per Sale
Source: Forbes, $25-$50 per t rip, $33 median, 2017
!Total Sales ($'000s, p.a.)
Revenues ($ 'OOOs)
CannaB/iss
Total Revenues
Costs ($ 'OOOs)
Initial Investment
Premises renovation (very wide range)
Furniture, incl. counters (very wide range)
Other
Turnkey Dispensary System
POS System
Security System
Air Filtration System
Other
!Total
AssumQtions Initia l Year 1
34 1.0
1.0 33.0 33.0
321.4
136.0 136.0
140.8
33.0 33.0
49.5 511.8
30.00 50.00
10.00 100.00
5.00 25.00
5.00 5.00
230.00
Year 2 Year 3 Year 4 Year 5
74 109 130 149
-5.00% -5.00% -5.00% -5.00%
1.0 0.9 0.9 0.8
1.79% 1.79% 1.79% 1.79%
1.0 1.0 1.1 1.1
31.4 29.8 28.3 26.9
707.0 971.9 1,068.8 1,175.4
129.2 122.7 116.6 110.8
178.7 212.7 210.9 167.4
31.4 29.8 28.3 26.9
94.2 161.7 226.0 248.8
979.9 1,346 .3 1,505.8 1,591.6
Item 2B - Page 98
STRATEGICIDEAS
CaliBliss Dispensary & Lounge - High Level Financials
Staffing
Open ing Hour s Per Day
Opening Days Per Week
Average Staffing
Hours Per Year
Hour ly Wage
Wage Inflation (long term average: 1. 7%, recent: 5-6%) Total Wages ($ '000s)
Premises
Name of Premises Option Ill
I (A) PREMISES 1
I (B) PREMISES 2
Enter premises deta ils below:
(A) PREMISES 1
Square Footage
Annual Price per Sq Foot($)
Tax per Sq Foot($)
(8) PREMISES 2
Square Footage
Annual Price per Sq Foot($)
Tax per Sq Foot($)
P&L CannaBliss
Gross Profit
Revenues
Annua l cost "I.
YOUR ESTIMATE FOR CANNABIS GROSS MARGIN
YOUR ESTIMATE FOR MARGIN COMPRESSION
Cost of Goods Sold
Source: BCC (60%), variou s sources (60-80 %)
Total Gro ss Profit
General and Admin
Premises
Marketing
Assumptions Initial
15.0 3%
Se.ectoptio rR (B) PREMISES!
125.6
84.9 2,736.0
42.0 3.9
3,326.0
24.0 1.5
60%
5%
6.0 12,495.0 12,495.0 12,495.0 12,495.0 12,495.0
1.00 187.4
84.9 511.8
1.00 204.7
307.1
84.9 6.0
1.03 193.0
84.9 979.9
1.05 411.6
568.3
84.9 6.0
1.06 198.8
84.9 1,346.3
1.10 593.7
752.6
84.9 6.0
1.09 204.8
84.9 1,505.8
1.16 697.3
808.5
84.9 6.0
1.13 210.9
84.9 1,591.6
1.22 773 .8
817.7
84.9 6.0
Item 2B - Page 99
STRATEGICIDEAS
CaliBliss Dispensary & Lounge - High Level Financials
Assumptions Initial
Wages
Employment Costs (payroll taxes - estimate)
Uti lities, Maintenance, Cleaning etc.
Vehicle Leasing (est. annual leasing cost, 48mo. 12000 mpa) Fuel (est. 12000 mpa, 34 mpg, $3.80/g)
Servicing
Vehicle Insurance
Total Annual Vehicle Costs
10%
6.0 12.5
Security 6.0
Other {Legal, Accounting , etc.) 2.0
State Annual Cannabis License (based on current schedule and revenue projections) Cannabis Licensing (one-off, estimated total) I 15.0
EB/TOA
Earnings before Intere st, Tax, Depreciation and Amortizat ion D&A
Depreciation of Initia l Investment (p.a.)
Remaining Initia l Investment
EBIT
Earnings Before Intere st and Tax
Tax
State Income Tax
Federal Income Tax
20%
8.84%
21%
230.00
Year 1
187.4
18.7 6.0
12.5 6.0
2.0 13.0
15.0 -44.5
46.0 184.0
-90.5
0.8 64.5
Year 2
193.0
19.3 6.0
12.5 6.0
2.0 20.0
218.6
46.0 138.0
172.6
15.3 119.4
Year 3
198.8
19.9 6.0
12.5 6.0
2.0 32.0
384.4
46.0 92.0
338.4
29.9 158.0
Year 4
204.8
20.5 6.0
12.5 6.0
2.0 32.0
433.8
46.0 46.0
387.8
34.3 169.8
Year 5
210.9
21.1 6.0
12.5 6.0
2.0 32.0
436.3
46.0 0.0
390.3
34.5 171.7
NI.------------------------------------- ------- - - ---- - --. INet Income -155.8 38.0 150.5 183.8 184.1 Cash Flow
Operations
(+) Total Net Income from Both Operations
(+) Total Non-Cash Expenses
(-) Investments
Working Capital
Estimated Working Capital (months expenses) 2.0
Order F01 ED70E22E8 on five rr.com
-155.8
46.0 -230.0
92.7 38.0
46.0 126.9
150.5
46.0 160.3
183.8
46.0 178.7
184.1
46.0 192.5
Item 2B - Page 100
STRATEGICIDEAS
CaliBli ss Dispensary & Lounge - High Level Finan cials Assumptions Initia l Year 1 Year 2 Year 3 Year 4 Year 5 (-/+) Change in Working Capital 92.7 34.2 33.4 18.4 13.9 !Annual Cash Flow from Operat ions -432.5 49.8 163.1 211.4 216.2 !cumu lative Cash Flow from Operation s -432.5 -382.7 -219.7 -8.3 207.9
Item 2B - Page 101
STARTUP
Planning
The Menus
• Start with creating the menu .
• Use it to canvass potential customers.
• The menu will drive materi als, equipment and supplier selection.
Opening Times
• Dispensaries are open 8am to 10pm every day or only on weekends. No data on busy periods.
Premises Set-up
Location
• Downtown, high-traf fic area is advantageous for both businesses. • CannaBli ss may benefit from being more secluded.
• Delivery of CannaBliss products as well as waste removal should be possible.
Furniture and Fixings
• Think though the customer experience from entry to exit. What will t hey do? What would YOU do?
Item 2B - Page 102
• Consider maintainabili ty of the furni t ure. Cosy atmo sphere and furniture might be prone to wear and tear.
Dispensary & Lounge
• Requireme nts for separati ng the space, includ ing potential exposure for minors.
• Privacy of visitors is a high priority.
• Options like tinted glass might satisfy the requirement s with out full y closing off the two sides.
• Consider entertainment opt ions, which are app ropriate for the cust omers and the ir expectations at t he lounge.
• Pharmacy-style cou nter for service by associates with no dire ct access to product s by the custom ers.
• There are self-service dispenser machines available.
• Utensi ls for consumpt ion for rent. Facilit y
to safely sanitise them befor e re-use.
• On premise ATM.
• There should be life-saving equip ment
available.
Safety
• R equirements for health and safety,
including fire safety, need t o be
imp lemented as valid at th e t ime the
businesses will launch.
,r .... 11 .. ..,.-:-,
• Public venues have additi onal
requir ement s, inclu ding fire safety
inspect ions.
Security
• P alm Spri ngs cri me rate nearly 2x of
Californi a and the nati onal average.
• Over 200 violent and pro perty crim es were
reported in the area arou nd N Palm Canyon
Driv e in t he past six months.
• Using visible component s as deterrent.
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around N Palm Canyon Drive (Feb- Aug
2019). Click ~ to access map
Item 2B - Page 103
Cash management setup
• CannaBliss will generate high amounts of cash.
• Additional control over associates (e.g., HD camera observing counter and cash register) as well as safe storage and removal of cash. • Safe for cash kept on premise.
• Alternative solutions for storing cash, e.g., safe deposit boxes. • Do not consider storing any cash at home of owners or associates.
Air filtration and odour control
• Major sources include cannabis smoke and odour and general waste. • Air filtration system for CannaBliss and the building ventilation system need to be aligned to work well together.
POS
• Generic POS system will not be adequate for CannaBliss. • System should include stock management and reporting , cash management , alerts when takings pass certain levels so that cash can be removed from premises.
• Important that the system prints "The cannabis excise taxes are included in the total amount of this invoice."
Team and Suppliers
Identify exact list of starting product lineup
• Use the finalised menus to develop lists of required materials. • Think through the lifecycle of the materials:
- how will you source it,
- where and how to store it and for how long,
- how will you use them,
- how will you identify being past expiration ,
- how to dispose them,
- which materials require special treatment.
Item 2B - Page 104
Cannabis distributors
• In addition to products, prices and payment terms, negotiate delivery methods and security.
• Ideally select several dist ributors for security of supply. • Identify distributors that can develop unique products or brand exist ing products as house brands or both.
• The distributor will charg e you for the excise tax, confirm .what markup will they use. The current BCC markup is 60%.
Waste removal
• Identify any waste that might be hazardous or require special treatment. • Avoid scheduling waste removal for busy periods.
Cleaning, sanitation, maintenance
• Premises might offer services or have service provides. • Cleaners have high level of access to the premises that might be a security risk.
Health equipment
• Having a defibrillator on-p remise might be a good precaution.
Emergency contacts
• Identify contacts for emer gencies, includ ing medical, fire and security. • Consider engaging doctors who deal with cannabis.
• Understand how police would respond in an emergency.
Storage
• Ensure adequate storage on-premise.
• Check that building ventilation (if the venue is in an office building) operates in line with requiremen ts, as t he system might be aligned to office hours.
Staffing
• Map staffing requirem ents to opening times and numbe r of staff expected. • Consider unexpected absences, e.g., sick leave, and potential impact on operations.
Item 2B - Page 105
• What if there are 8-10 people in the dispensary for one associate and delivery comes?
• Potential background checks for CannaBliss employees.
General and Administration
Legal
• Retain or at least identify a lawyer for business setup and on-going matters.
Accounting
• Retain an accountant who can manage a cash-only business, including payroll and federal tax implications.
Banking
• Even if banking the CannaBliss side is not feasible now, this might change · over time and would be a benefit for running the business.
Insurance
• Consider the usual business insurance cover, e.g., general liability , but... • Few insurance companies appear to offer cover for cannabis businesses.
Licensing
Cannabis
• City and state level licenses , annual license.
Item 2B - Page 106
DAY-TO-DAY
Opening
• Who wil l first open t he premises?
• Securit y procedure s to prevent robbery, e.g., unlo ck door, enter, lock door, deactiva te alarm .
• Training for staff to identif y suspicious behaviour arriving at the premis es. • Access to safe or lock box for petty cash.
• Openi ng CannaBliss and access to high value storage .
Reception of Delive ries
• Consider storage and who will receive the delivery if only one associate on premise.
• Balance value of st ock on-pr emise with frequency of delive ries.
Safety and Security Procedures
• Develop and train associat es in basic med ical emergency procedures. • Train associates in safe doses, particular ly for new users. • Potentially iden tify doctor s in close proximity, who prescribe cannabis , as contacts in an emergenc y or in case advi ce is needed. • Have a security comp any review procedures.
• Ensure staff is trained.
• Silent and regul ar alarm s.
• Persona l alarms.
• Consider contro lled entr y to premises at late evenings, i.e., custome rs ring the bell, associate checks CCTV before letting the m in.
Cash Removal
• Consider using procedur es t hat banks use with tellers: minimise cash on premise, regularly remove cash, handover procedures betwee n associate s. • Consider using multiple safe deposit boxes. Develop multiple alternat ive routes to each and select them randoml y.
• Do not keep cash on your person and do not store cash at home.
Item 2B - Page 107
Closing
• CannaBliss will likely close late and at a quieter time. • Train staff to use CCTV to identify suspicious behaviour, exit and lock the premises safely and arm the security system.
Item 2B - Page 108
END OF LIFE
Selling Down the Stocks
• CannaBliss stocks might be high value.
• Resale to other retail out lets might be tricky due to regulations. • Dist ributors might t ake it back at a discount.
Lease Extension until Removal Complete
• Ensure access to the prem ises until fully vacated .
Cleaning and Selling the Equipment
• High value equipment of CannaBliss mig ht be resold . • Professional cleaning might be expensive, but can certify sanitary compl iance and higher resale value.
Furniture and Waste Remova l
• Furniture may be re-sella ble, particularly the counters. • Ensure that all waste is rem oved from the premises.
Cleaning the Premises and Handover
• The lease agreement will likely cover t he cleaning requir eme nts after vacating t he premises.
• If not, still use a prof essional cleaning service, as it provid es cover for any complaints later.
Item 2B - Page 109
The Risk Assessment seeks to identify the most important risks of sta rting the business, which combines a cannabis dispensary and lounge with an elite coffee shop.
The list is not exhaustive for all risks, the objective is to iden t ify risks that are specific to the new market of cannabis and to the proposed business setup.
Use the High Level Financi als to fle x assumptions arou nd more general risks, like inflation , cost of labour etc.
Regulatory and Legal Risks
Variances across Local to Federal Levels
Laws and regul atio ns are at odds or show different level s of tolerance across levels of government:
• Federal: cannabis over 0.3% THC a Schedu le I drug. US Attorneys are free to enforce federal laws in states that legalised marihuan a. However, recent vot e in Congress to shie ld st ates from federal interference. • State: legal in California
• County: not permitted in Riverside County based on nuisance regulat ions. • Palm Spring: permitted in the city.
Risk·: Federal legi slation or intervent ion reverses Californi a and Palm Springs laws and regulations and leads to total loss.
The probability may appear low, however, t here is likely no mitigation.
Important note: This document DOES NOT constitute legal advice. Please always seek legal counsel with a lawyer or attorney author ized in your jurisdiction. __ J
Item 2B - Page 110
Risk: Future employment out of state or in fede rall y licensed organisation might not be possible .
A background check will reve al past or present ownership of a cannabis related business and would likely lead to disqualification. There is no mitigat ion.
Overall, starting or participati ng in a cannabis related business is a "bet" on the current trend towards legalisati on and minimal federal intervention.
Taxation
Cannabis businesses are taxe d in various fo rms at state and federal levels. • Federal corporate income tax applies to Gross Profit, business expenses (general, administrat ive, staff ing, premises etc.) are not chargeable. • State excise tax of 15%.
• State one-off and annual license fee on a sliding scale up to $112,000 p.a.
Risk: Federal income t ax may be payab le even in years the company makes a loss or can wipe out most of the pro fit.
Mitigati on: Build additional cash reserves to cover the ramp-up period.
Risk: Change to taxation leve ls or license fees result in higher prices or margin compression. Increa sed competiti on from illegal sellers.
Mitigation: Run a lean operat ion red ucing overhead costs. Vert ical integration buying or buying into dist ribut ors and pro duce rs.
Business Risks
Margin Compression
Public sources as well as modelli ng show that the canna bis business has a high profitability once it reaches a reasonab le market share. The barrier to entry is relatively low, mainly financial. Operationa l practices are easy to copy.
Important note: This document DOES NOT constitute legal advice. Please always seek legal counsel with a lawyer or attorney authorized in your jurisdiction.
Item 2B - Page 111
In addition, public reporting indicates that a large proportion of cannabis users continue to source from illegal sellers putting pressure on legal prices .
Risk: More investors enter the market and increase competition driving down prices resulting in reduced profitability.
Mitigation: Attracting less price sensitive customers, e.g., tourists, who seek safety over low prices, can partially mitigate margin compression. D ifferentiation, e.g., own house brands and specialty products can allow more freedom in pricing.
Important note: This document DOES NOT constitute legal advice. Please always seek legal counsel with a lawyer or attorney authorized in your jurisdiction.
Item 2B - Page 112
RETAINER AGREEMENT
I. The Parties. This Retainer Agreement ("Agreement") is made effective as of June 8, 2023 by and between the "Service Provider'' City Permit Help, located at PO Box 2772, Rancho Mirage, CA, 92270; AND, the "Client", CaliBliss LLC, located at 3017 Rue Montreux Escondido, CA 92026-8715.
II. Services. "Service Provider" agrees to provide the following Services: Planning, Development & Environmental Consulting services related to entitlements for operation of a cannabis dispensary and lounge located at 560-562 South Indian Canyon Drive , Palm Springs, California.
Ill. Term. The Services under the retainer shall commence on June 29th , 2023 and end at the completion of the term ( 6 2/3 hours of work). At the completion of the first term, "Client" may request additional "Terms" under the same terms as outlined in section IV. Upon completion of the first term, or any other future terms, either party may terminate this "Agreement" by notifying the other party, at any time.
IV. Compensation: In consideration for the Services provided, the "Service Provider" is to be paid in the following manner:
a. Retainer. The "Client" shall pay a "Retainer " in the amount of $1,000 to the "Service Provider" as an advance on future "Services" ( 6 2/3 Hours of work).
b. Per Hour. $150 /hour. (additional incremental retainers may be requested at this rate with negotiable terms on the amount of hours requested and/or recommended to assist with any future needs of the aforementioned business, relevant to the services City Permit Help provides.
V. Expenses. The "Service Provider'' shall be reimbursed for the following expenses:
a. Client agrees to pay any and all costs for items such as plotting/reprographics costs, City fees ( applications, noticing fees, peer review fees, etc.) and the like.
b. Client" agrees to pay the "Service Provider'' within thirty (30) days of receiving notice/invoice of any expense directly associated with the "Services".
VI. Indemnification. "Client"" shall release, defend, indemnify, and hold harmless "Service Provider" from all suits, actions, or claims of any character, name, or description including reasonable "Service Provider'
11 ' fees, brought on account of any
injuries or damage, or loss (real or alleged) received or sustained by any person, persons, or property, arising out of services provided under this "Agreement" Item 2B - Page 113
VII. Confidentiality & Proprietary Information. The "Service Provider"" acknowledg s that it will be necessary for the "Client" to disclose certain confidential and proprietary information to the "Service Provider'"' in order for the "Service Provider' ' to perform their duties under this
II
Agreement". The "Service Provider'"' acknowledg s
that disclosure to a third (3rd) party or misuse of this proprietary or confidential information could irreparably harm the Client. Accordingly, the "Service Provider'" will not disclose or use, either during or after the term of this "Agreement", any propri tary or confidential information of the
11 Client" without the "Client's" prior written
permission except to the extent necessary to perform the 11 Services" on the
11 Clie
behalf.
VIII. Additional Terms and Conditions. Upon mutual agreement between the "Cli and the
11 Service Provider", the
11 Service Provider" may use certain deliverables,
maps, pictures, aerial imagery, etc. for promotion of the 11 Service Providers" busin ss
websites, newsletters and other marketing tools, for CityPermitHelp.com, GIS Pros.com, & CVAFRD.com.
IX. Entire Agreement. This "Agreement", along with any attachments or addend~ms, represents the entire "agreement" between the parties. Therefore, this Agreeme~t supersedes any prior agreements, promises, conditions, or understandings betwer.n the "Client" and "Service Provider'"'. This
11 Agreement
11 may be modified or amended
if the amendment is made in writing and is signed by both parties. IN WITNESS I WHEREOF, the Parties hereto have executed this "Agreement" on the dates writtln hereunder.
Service Provider's Signature __________ Date: _____ _
Print Name: __ Scott Taschner ________ Date: ______ _
Client's Signature _ __,;,,.,...;z=------------ Date: 07/10/23 Print Name: Andrew Mekhail Date: _____ _
Client's Signature ______________ Date: _____ _
Print Name: ________________ Date.: _____ _
Client's Signature ______________ Date: _____ _
Print Name: Date: ---------------- ·-------
CityPermitHelp.com
[email protected]
(760) 409-2342
P.O. Box 2772, Rancho Mirage, CA 92270
Item 2B - Page 114
DocuSign Envelope ID: 1 A 1 EE497-EB97-49E6-B824 -BCBB9BC7D304 ~R,q!PMOUf
Highro ad Consulting Group Statement of Work ("Change Order") t'TOJeCt
Local Licen s ing - Palm Springs
Client CaliBliss
Lead Highroad Consultant Simone Sandoval, Director of Licensing & Compliance Estimated Begin Date At signing.
INTRODUCTION
HIGHROAD CONSUL TING GROUP LLC ("Consultant") is pleased to provide you with this Services Agreement for work related to the Client's cannabis facility located at Palm Springs , CA. This Services Agreement offer is valid for business ten (10) days from the date of transmission from Consultant to Client, and on the 11th day shall no longer be valid.
This Services Agreement is based upon the information provided to us and our understanding of the state of California 's standards and requiremen ts and the City of Palm Springs' laws and regulations.
Consultant proposes to perform the following tasks in accordance with the General Provisions:
SCOPE OF WORK ("SERVICES")
1. Scope D: Consultant shall project manage one conditional use permit application , assembling of all documenta tion, work with Client on floor space use for each activity, and any meetings or communicat ions with County staff necessary to effectuate these changes .
This fee does not include professi onal fees for the production of any outside documentation (i.e. a Title Report on the property, to scale floor plans, etc.) that are required as an attachment , though Highroad shall be responsible for assemb ling all such documents.
2. Scope E: Consultant shall prepare an Owner Letter of Rehabilitation for the intent of submitting with the Annual State App lication.
3. Scope F: Consultant shall work with Client and respective Realtor or Real Estate Broker in order to verifiably retain real estate for a cannabis storefront retail facility compliant to City of Palm Springs laws and regulations.
Total: Ten-Thousand dollars ($10,000.00) USO for work necessary to achieve a City of Palm Springs conditional use permit, and Owner Letter of Rehabilitation.
CLIENT RESPONSIBILITIES & ASSUMP TIONS
The following have been taken into cons ideration in the preparat ion of this proposal :
1. Client or their representative will be able to provide direction to Consultant as necessary .
2. Client understands that Highroad cannot guarantee the location of any such property inside or outside any given jurisd iction, and that Highroad 's obligation hereunder are simply to use reasonable best efforts to find the Property.
3. Client also understands that Highroad is not a licensed realtor in the State of California , and that Highroad 's services are limited by the legal restrictions placed on such unlicensed individuals.
4. Consultant will have full access to all relevant documents and information of Client. Client will execute any documents required to allow Consultant to communicate with the state agencies on Client's behalf. Client is responsible for responding with requested documents and/or information within 5 business days of written request by Consultant. Client shall be charged an additional fee of fifty USO ($50) per day for every day past that time period that Client has not provided the requested document(s) and/or information.
Client Responsibilities & Assumptions Initials Follow
14201 Palm Drive #105 Desert Hot Springs, CA. 92240 www.highroadcg .com (760) 671-5647
Item 2B - Page 115
DocuSign Envelope ID: 1A1EE497-E B97-49E6-B82 4-BCBB9BC7D304 -U1GHROAD
~ CONSULTING GROUP
Highroad Consulting Group Statement of Work ("Change Order")
FEE & TERM
1. The total "Fee" shall be Fifty-Thousand Dollars ($50,000.00) USO. This shall include specifically Scope's A, B, C, D, E & F.
2. By signing below, Client agrees to pay the total Fee due in three·installment s:
Twenty-Thousand Dollars ($20,000.00) due on or before signing of the Services Agreement (signed by both parties on July 03, 2019 and first (1st) installment payment received on July 10, 2019. , Fifteen-Thousand Dollars ($15,000.00) due within business three (3) days of signing this Statement of Work/Change Order ; the remaining Fifteen-Thousand Dollars ($15,000.00 ) will be due upon client approval of work but prior to the transfer or submissi on of work with the State of CA. Please note, any work-for-hire ("Work Product") created by Consultant remains the property of Consultant until payment is received in full. Consultant retains the right, as the Work Product's owner , to withdraw or cancel any application , license, permit or other documentation or consequential right created by work that has not been paid in full.
3. All invoices are due within business Three (3) days from receipt of invoice unless otherwise noted. An additional interest charge of 1.0% per month, shall begin to accrue on any unpaid amount after each invoice's specified due date.
4. Client agrees to pay any outside fees or costs that Consultant may incur in providing approved services to Client. All such fees and costs will not count toward the Fee but shall be included in the Fee invoices and shall be paid in accordance with those invoice's terms .
By Signing this Statement of Work ("Change Order"), Highroad and Client both agree that this SOW is hereafter incorporated into the Master Services Agreement ("Services Agreement") signed by both Parties on 07/03/2019.
Authorization & Approval
• . .
Client Signature al,\,J. n JAi flltk~L
Printed Name ~ Ele.WcoMel®lati> 1 I
Title owner I
Date 8/14 / 2019 I
· u ocu::,1gnea oy.
I Client Signature ~b~ M.ik.W
Printed Name J.ab-A3s'd~~h ~ck: ... I
Title Owner
Date 8/ 14/20 19 I
14201 Palm Drive #105 Desert Hot Springs , CA. 92240 www.highroadcg .com (760) 67 1-5647
Item 2B - Page 116
DocuSign Envelope ID: 164900C8-EFB6-4E04-831F-FF947FA51111 ATTACHMENT "A"
Statement of Work ___________________________________________________ , ___ _ Highroad offers you a choice to hire professional and experience consultants for an affordable price and gives you the benefit of sound judgement and efficiency without the headache of processing all documentation while staying in compliance with Federal, State and Local Regulations.
Engaging with Highroad for your end to end consulting needs provides you the opportunity to avail the services of qualified specialized resources without the burden of hiring people and running the office. This not only bring your running costs down but also provides your business with the benefit of an efficient and experienced Compliance and Licensing service with specialization and experience in all Cannabis Regulations.
The following is a Stater(lent of Work ("SOW") prepared by Highroad for the Client specified above. By Signing this contract, Highroad and Client both aJJee that this SOW is hereafter incorporated into the Services Agreement signed by both Parties on 6 612019 .
1. Scope A: Local Approval
This shall include preparation of all cannabis operation specific application portions, to include assembling of all documentation, work with Client on floor space use for each activity, and any meetings or communications with Palm Springs City staff necessary to complete the cannabis operation specific portions. This fee does not include portions of the application specific to meeting building codes or construction requirements, professional fees for the production of any outside documentation (i.e. a Title Report on the property, to scale floor plans, etc.) that are required as an attachment, though Highroad shall be responsible for assembling all such documents as necessary to achieve a City of Palm Springs Cannabis Related Businesses and Activities Permit.
Total: $15,000 for local cannabis pennitting and other work necessary to achieve a City of Palm Springs Cannabis Related Businesses and Activities Permit, excepting construction and building code specific requirements.
2. Scope B: Provisional and Annual State Licensing
This shall include application and management to completion of the License application, as well as the creation of the state specific Standard Operating Procedures required for state licensing for these activities.
Total: $20,000.00 for (1) Provisional and Annual State License includes process of Provisional and Annual License. Follow through and amendments necessary to obtain annual license.
3. Scope C: Full Suite of Standard Operating Procedures Includes Employee Handbook covering Cal/OSHA compliance, Workplace Safety, IT SOP, Security, Transportation, Quality Assurance, Sanitation, Product Safety, Traceability, Waste Management and SOPs related to specific license type. The Full Suite also includes an Emergency Action Plan, Fire Prevention, Fire Extinguisher Training and Employee Training programs tailored to specific license type.
Total: $5,000.00 Per license Type includes full Suite of customized Standard Operating Procedures (SOPs) per each license type.
Item 2B - Page 117
OocuSign Envelope ID: 164900C8-EFB6-4E04-831 F-FF947F A51111 -IIIGHROAD J!=> CO!ISUlllHG GRlllll'
Highroad Consulting Group Master Services Agreement ("Services Agreemen f) I
Dear Andrew Mekhail & John Mikhael ("Client"):
HIGHROAD CONSULTING GROUP LLC ("Consultant") is pleased to provide you with this Services Agreement for work related to the Client's cannabis facility located at Palm Springs, CA. This Services Agreement offer is valid for net ten (10) days from the date of transmission from Consultant to Client, and on the 11th day shall no longer be valid.
This Services Agreement is based upon the information provided to us and our understanding of the state of California's standards and requirements and the City of Palm Spring's laws and regulations. Consultant proposes to perform the following tasks in accordance with the Gener I Provisions:
I. SCOPE OF WORK ("SERVICES")
1. Services specified in the attached Statement of Work, attached hereto as Attachm nt A
2. Consultant shall provide to Client any services mutually agreed to by both parties. ny mutually agreed upon services that Consultant estimates to take 10 hours or less ~ay be agreed upon via email communication. For any service(s) Consultant estimates 1 to
take greater than 10 hours, a Statement of Work shall be signed by both Client and Consultant. Any new Services provided in accordance with this clause, whether I
through email communication or a signed Statement of Work ("SOW), shall be considered a part of this Services Agreement, ·shall be incorporated herein ands all be subject to all other rights duties and obligations hereunder excepting that the F e for any such additional Service shall be as so stated in the corresponding email or sow.
II. CLIENT RESPONSIBILITIES & ASSUMPTIONS
The following have been taken into consideration in the preparation of this proposal:
1. Client or their representative will be able to provide direction to Consultant as
2. and/or information.
3. Client will pay all necessary fees, including all fees required by the state to proclss and activate each license listed in Services.
4. Client will sign all required applications, forms and permits.
5. Client will be responsible to meet all building code or construction requirements, professional fees for the production of any outside documentation (i.e. a Title Repbrt on the property, to scale floor plans, etc.) that are required. as an attachment, thou h Highroad shall be responsible for assembling all such documents as necessary to obtain a City/County Cannabis Related Businesses and Activities Permit letter. 14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647
Item 2B - Page 118
DocuSlgn Envelope ID: 164900C8-EFB6-4E04-831 F-FF947F A51111 '-IIGHROAD
~COHSIJLIINGIIIIOUP
Highroad Consulting Group Master Services Agreement ("Services Agreement'')
6. Client shall be responsible for all documents specific to the building, planning and or construction of the facility, to include without limitation any document that requires a special license by the State of California (i.e. engineering), as well as providing all necessary specifications for the specific physical design plans of the proposed facility as required by the license application. Consultant shall advise on such plans at Clients request.
7. Client will keep Consultant promptly informed of all new developments, correspondence, or governmental notices or actions that involve or affect the Client or real property that is being licensed as a cannabis facility. a. Unless otherwise agreed, Client shall be responsible for meeting all non-specified licensing and permitting requirements, to include without limitation building permits, conditional use permits, environmental permits, riparian rights and fire marshal approvals.
Ill. FEE & TERM
I. The total "Fee" shall be $40,000.00 USD. This shall include specifically Scope's A, B and one set of SOP's under Scope C or Attachment A.
2. By signing below, Client agrees to pay the total Fee due in three installments: $20,000.00 due at signing, $10,000.00 due within 4 weeks of signing and the remaining $10,000.00 due upon client approval of work but prior to the transfer or submission of work with the State of CA.
Please note, any work-for-hire ("Work Product") created by Consultant remains the property of Consultant until payment is received in full. Consultant retains the right, as the Work Product's owner, to withdraw or cancel any application, license, permit or other documentation or consequential right created by work that has not been paid in full.
3. All invoices are due within fourteen (14) calendar days from receipt of invoice. An additional interest charge of 1.0% per month, shall begin to accrue on any unpaid amount after each invoice's specified due date.
4. Client agrees to pay any outside fees or costs that Consultant may incur in providing approved services to Client. All such fees and costs will not count toward the Fee but shall be included in the Fee invoices and shall be paid in accordance with those invoice's terms.
INITALS
IV.GENERAL PROVISIONS
Client and Consultant agree that the following General provisions shall be part of this Services Agreement:
1. Binding Effect. Client binds itself, its partners, successors, executors, administrators, and assigns to this Services Agreement in respect to all the terms and conditions of this Services Agreement.
2. Necessary Documents. Client agrees to provide Consultant with any and all documents or other information necessary for Consultant to provide the services requested by Client of Consultant. Client acknowledges that Consultant cannot be held responsible for missed filing deadlines caused by Client's delay in providing requested information.
14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647 Page2of8
Item 2B - Page 119
DocuSign Envelope ID: 164900C8-EFB6-4E04-831F-FF947FA51111 -1-IIGHROAD ~ CONSlll.TIII& GROUP
Highroad Consulting Group Master Services Agreement ("Services Agreemen ")
3. Not Legal Advice. Client expressly acknowledges and agrees that Client is aw re that Highroad Consulting Group, LLC are not licensed attorneys, is not permitted to engage in the practice of law, and otherwise does not have the capacity to provi e legal advice as to the effect any services that Highroad may render on my behalf or that such services would in any fashion be construed to be legal advice or in so I e way have been provided as such. Client understands that at no time does Highroad personnel check its answers for legal sufficiency, draw legal conclusions, provide le al advice, or apply the law to specific facts of my situation.
INITALS
4. Ownership. Client acknowledges that all original papers, documents, ma , s, application attachments, and other Work Product of Consultant, and copies ther~of, produced by Consultant pursuant to this Services Agreement, except documemts which are required to be filed with public agencies, shall remain the property of Consultant. Consultant shall have the unrestricted right to use any such Work Prod ct, that its right to utilize the Services and Work Product performed pursuant to t is Services Agreement will continue only so long as Client is not in default pursuant to the terms and conditions of this Services Agreement and Client has performed all obligations under this Services Agreement. Following payment by Client to Consult nt for Services rendered and unless otherwise requested by Client, all repo1s, documents, drawings, maps, specifications and instruments of Consultant's Servi90s shall remain in the possession of Consultant for a period of not less than three (3) years, after which time Consultant shall have the right to either deliver all docume~ 1 ts
to Client or dispose of all such documents, drawings and related material.
5. Use of Work Product. Client agrees not to use or permit any other person to use documents, exhibits, regulatory applications, business models, or other Work Prod~ct prepared by Consultant, which Work Product is not final, and which is not appro~ed as final by Consultant. Client agrees that Consultant is not responsible for any such use of non-final Work Product and waives any right to claim liability against Consult~nt, therefore. I
Client further agrees that final Work Product is for the sole use of Client for the specific purpose mutually agreed to by both Parties. Such final Work Product may not}e altered or reproduced in any way nor used on any other project or for any ottler purposes than as specifically authorized by Consultant in writing prior to any such u~e, alteration, or reproduction. I
6. Changes in Work Product. In the event the Client agrees to permit or authori~es changes in the documents prepared by Consultant pursuant to this Servi9es Agreement, to which changes Consultant has not previously consented to in writ~img, Client acknowledges that such changes and the effects thereof are not he responsibility of Consultant and Client agrees that Consultant is automatically relea ed from any and all liability arising there from and further agrees to defend, indemnify nd hold harmless Consultant, its officers, directors, principals, agents and employ es from and against all claims, demands, damages or costs arising there from uni I ss caused by the sole negligence or willful misconduct of Consultant. 14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647
Item 2B - Page 120
DocuSign Envelope ID: 164900C8-EFB6-4E04-831F-FF947FA51111 IJIGHROAD Highroad Consulting Group Master Services Agreement ("Services Agreement") !.D COYSIILTIKS BRtlllP
7. Quantities/Costs. The Consultant makes no representation concerning the estimated quantities and cost figures made in connection with applications, plans, specifications, or financial documents other than that all such figures are estimates only and the Consultant shall not be responsible for fluctuations in cost factors or variations from actual cost at the time of use.
8. Standard of Care. The Consultant shall perform its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. The Consultant shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
9. No Warranty. Consultant makes no warranty, either express or implied, as to its findings, recommendations, specifications, or professional advice except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance.
10. Copyright. All Work Product identified in this Services Agreement as within the Services of Consultant, shall be deemed protected as if such Work Product was within the protections against third-party use and disclosure of the general copyright law of the United States as well as California, including common law and statutory law, whether or not such Work Product actually is so copyrighted and without regard to whether or not such copyright law normally applies to such Work Product.
11. Job Site Conditions. If Applicable, the Client agrees that in accordance with generally accepted construction and/or office practices, the Client and/or their third-party contractor(s) will be required to assume sole and complete responsibility for job site conditions, to be included without limitation during the course of construction of the project. This responsibility for the job site shall include the safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours; and the Client further agrees to defend, indemnify and hold the Consultant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the Consultant.
12. Damages from Activities of Contractor's. Client agrees that any third-party contractor (hereafter "contractor") engaged by Client shall be responsible for all damages, safety issues and/or repairs resulting from the contractor's work and Consultant shall be held harmless from any claims resulting from contractor's performance.
13. Client Contractor Observation. Work prepared by Consultant shall be in accordance with currently accepted industry and agency standards. Consultant has no control over the contractor's means or methods; and unless Consultant is engaged to perform full time over-sight, Consultant cannot represent that the contractor's work is completed in accordance with the approved standards and specifications. Unless Consultant is performing full-time observation, Consultant's responsibility is limited to the work done by Consultant. The Client agrees that in accordance with generally accepted practices, the contractor will be required to assume sole and complete responsibility for the contractor's work, including safety, and the Client further agrees to defend, indemnify and hold Consultant harmless from any and all liability, real or alleged, in connection with the performance of work by the contractor, excepting liability arising from the sole negligence of Consultant employees.
14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647 Page4of8
Item 2B - Page 121
DocuSign Envelope ID: 164900C8-EFB6-4E04..S31F-FF947FA51111 -~B9JP6RIIUP Highroad Consulting Group Master Services Agreement rservlces Agreemen 1 ')
14. Quality of Performance. Consultant does not guarantee the completion or qualityi of performance of contract or the completion or quality of performance of contracts 1 by
the Client's contractors, or other third parties, nor is the Consultant responsible Ior their acts or omissions.
15. Changed Conditions. In the event Client discovers or becomes aware of changed field or other conditions which necessitate clarification, adjustments, modification;! or other changes, Client agrees to notify Consultant and engage Consultant to prep~re the necessary clarifications, adjustments, modifications or other changes I to Consultant's Services before further activity proceeds. Further, Client agrees that any contracts for any project which involves Consultant's Work Product shall includ~ a provision that requires the Client's contractor to notify Client of any changed field or other conditions after which Client shall timely notify Consultant.
16. Change of Services. Client acknowledges that the Services described in Scope of Services are based upon conditions existing at the time of the execution of t~is Services Agreement. Client further acknowledges that clarifications, adjustme~ts, modifications and other changes may be necessary to reflect changed conditions If Consultant determines that changed conditions reasonably require or otherwise jus ify the provision of emergency services in addition to those mutually agreed upon (su 1 ch
services to be referred to hereafter as "Emergency Services"), Consultant shall y whatever means Consultant deems reasonable under the circumstances attempt to notify Client of the nature of such changed conditions and the need for Emerge cy Services. Regardless if Consultant successfully notifies Client of the chang d conditions and the need for Emergency Services, Client authorizes Consultant to provide the Emergency Services and agrees to pay for same at the hourly Fee et forth in Attachment B and incorporated herein by this reference. Any such Emerge cy Services shall be performed subject to the terms and conditions of this Service! s Agreement as if specifically provided for herein.
17. Verbal Requests. For any work performed which is outside the original Scope of Work of this Services Agreement, when verbally directed by Client's duly authorizbd representative or agent, the Consultant will be entitled to compensation in accordan:ce with the Fee. Consultant shall make best efforts to confirm all such requests by Cli nt via email.
18. Meetings/Data Transfers. Meetings and computer data transfers shall be charged in accordance with the Fee schedule in Attachment B. Meetings shall include both cli nt and project team meetings, as well as agency meetings integral to the Scope of W , rk outlined above. Data transfers shall include time spent importing and editing data fr , m project design team members, creating and distributing data files to agencies, cli nt and team members as required.
19. Fees/Reproduction. The Client shall pay the costs of checking and inspection f~s and all other fees, permits, premiums, title company charges, blueprints and reproductions, and all other charges no~ specifically covered by the terms of t~is Services Agreement. Any such fees advanced by Consultant shall be invoiced to Clitnt at actual cost to Consultant.
20. Arbitration. Any dispute arising out of or relating to this Services Agreement, or t e breach thereof, shall be submitted to final and binding arbitration in accordance with the laws of the State of California and administered by the American Arbitratipn Association in accordance with its Commercial [ or other] Arbitration Rules. The I
14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647
Item 2B - Page 122
DocuSign Envelope ID: 164900C8-EFB6-4E04-831F-FF947FA51111 IJIGHROAD Highroad Consulting Group Master Services Agreement rServlces Agreement") !DCONSIILTINGGROIIP
arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
21. Non-Solicitation. During the Term of this Services Agreement and for a period of six (6) months thereafter, except with the prior written consent of the affected Party, each of the Parties shall not, directly or indirectly recruit or solicit any partner, member, manager, consultant, advisor or employee of the other Party to terminate his, her or its relationship with any such entity in order to become an employee, independent contractor or consultant for any other entity or person. The foregoing shall not apply to any position outside the State of California or to general solicitations of the public for employment so long as the general solicitation is not designed to specifically target, or does not have the effect of specifically targeting, any employee, independent contractor or other service provider of the other Party. Should either party breach this covenant, both parties agree that the liquidated damages for such breach shall be thirty percent (50%) of the total compensation paid during the immediate six (6) month period to the employee, consultant or contractor that the breaching party recruited or solicited.
22. Government Delays. The Consultant is not responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God; or the failure of Client to furnish timely information or to approve or disapprove Consultant's work promptly; or delay or faulty performance by Client, other contractors, or governmental agencies; or any other delays beyond Consultant's reasonable control.
23. Government Changes. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including but not limited to permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, building permits, or changes to law or regulations; and Consultant shall only act as an advisor in all governmental relations.
24. Consultant's Liability. It is agreed that Consultant's liability to Client and all other parties for claims arising from Consultant's performance or alleged failure to perform the services described in this Services Agreement shall be limited. The total aggregate liability of Consultant to Client and others shall be limited to the proceeds available from the Consultant's professional liability insurance policy in effect.
25. Breach of Contract. In the event Client fails to pay Consultant within thirty (30) calendar days after invoices are rendered, Client agrees that Consultant shall have the right to consider said default a total breach of this Services Agreement and, upon written notice, the duties, obligations and responsibilities of the Consultant under this Services Agreement are terminated. In such event, Client shall then promptly pay the Consultant for all the fees, charges, and services provided by Consultant.
26. Termination. The Consultant shall have the right to terminate this Services Agreement without cause, upon thirty (30) calendar days advance written notice to the Client.
27. Termination Payment Provisions. In the event this Services Agreement is terminated by any party for any reason, the Consultant shall be paid by the Client for all services provided on the time and material basis of work completed and not previously paid for, within fourteen (14) calendar days of when the notice of termination is given. Should dispute arise between the parties as to the work completed by the 14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647
Item 2B - Page 123
DocuSign Envelope ID: 164900C8-EFB6-4E04-831 F-FF947F A51111 · '-!1GHROAD ~CONSlll.TIIIG GRtlllP Highroad Consulting Group Master Services Agreement ("Services AgreemeT) Consultant the Client shall have the right to audit the cost records and time record · of the Consultant to the extent that they relate to the services provided hereunder.
INITALS
28. Assignment. The Client shall not assign his/her/its interest in this Services Agreement I
without the written consent of the Consultant, which shall not be unreasonaply withheld. The Consultant shall not assign its interest in this Services Agreem1nt without the written consent of the Client, which shall not be unreasonably withhj~d.
Notwithstanding anything to the contrary, the Consultant may assign its duties jnd obligations under this Services Agreement in the event of a merger, acquisition or similar financial transaction to the business entity that will effectively be taking con rol of Consultant's operational fulfillment obligations.
29. Validity. In the event any provision of this Services Agreement shall be held to~be invalid and unenforceable, the other provisions of this Services Agreement shall be valid and binding on the parties hereto.
30. Personal Guarantee. It is the practice of this office, when providing services to clos ly held corporations, partnerships or limited liability companies, to require the m uor shareholders, partners or members to assume responsibility for payment of our fdes in the event the entity does not have sufficient resources. Your signature on this Services Agreement constitutes your personal guarantee. I
31. Communications Risk. Consultant intends to use state of the art communications devices to the fullest extent possible, i.e., e-mail, document transfer by computbr, cellular telephones, and facsimile transfers. The use of such devices under curr~nt technology may place your confidences and privileges at risk. The effectiven~ss involved in use of these devices outweighs the risk of accidental disclosure. Y6ur signature on this Services Agreement constitutes your consent to the use of th~se devices. \
32. Authority to Enter Agreement. Each party warrants that the individuals who h ve signed this Services Agreement have the legal power, right, and authority to make t is Services Agreement and to bind each respective party.
33. Headings. The section headings contained in this Agreement are for refere ce purposes only and shall not in any way affect the meaning or interpretation oft is Agreement.
34. Construction. The language in all parts of this Agreement shall be in all ca es construed according to its fair meaning and not strictly for or against either Party.
Signature Page Follows
14201 Palm Drive #105 Desert Hot Springs, CA, 92240 www.highroadcg.com (760) 671-5647 Page7of8
Item 2B - Page 124
DocuSign Envelope ID: 164900C8-EFB6-4E04 -831 F-FF947FA511 11
YIGHROAD
~ CONSULTING GROUP
Highroad Consulting Group Master Services Agreement ("Services Agreement'') Authorization & Approval
I '
' I
Signatur e
Client Printed Name
Title
Date
Signatur e ~OocuS lgned by:
~tWvh~
Printed Name
V
Consultant kTcffl98F'filf g1~ffut
Title Member
Date 6/26/20 19
14201 Palm Drive 11105 Desert Hot Springs, CA, 9224 0 www.highroad cg.com (760) 671-5 647
Item 2B - Page 125
RETAINER AGREEMENT
This Agreement acknowledges the employment of the Commercial Real Estate Office of Kidder Mathews, and Nik Harmon (hereinafter "Advisor'') by CaliBliss, LLC (hereinafter "Client'') and the fee arrangement by which Advisor :ill represent Client in the following matter or proceeding: Palm Springs Dispensary Property Requirement ("Project").
Client understands that Advisor cannot guarantee the results of any proceeding and acknowledges that n representations have been made by Advisor about the outcome of this matter.
AQYISORV FEES: Advisory fees for representation of Client in this proceeding are based upon the following houri charges:
Nik Harmon and Team $ 400 /hr
Client will be charged at the above rates for all time spent on this matter. An upward adjustment may also be mad to the normal hourly charge for special demands made upon Advisor including difficulty, whether the work is of an emergency character, results achieved and inability to represent other clients. Any adjustment will be mutually agr ed by Client and Advisor
RETAINER: A retainer of$ 5 000 is required prior to commencement of any advisory services for Client. The retainer will be applied against future billings. Advisor will refund the unused portion, if any, of Client's retainer upo~ completion of all work on Client's file. In the event Advisor must spend more time working on the project than that f which the Retainer Fee covers, before moving forward Advisor and Client must mutually agree that Advisor shall continue working on the project and the Advisory Fees will continue to be charged.
PAYMENT OF FEES: If Client and Advisor mutually agree to continue working on the project beyond that of which the Retainer Fee covers, Client will be responsible for the prompt payment of all fees and costs incurred in excess f the retainer. Absent other arrangements made in writing, payment is due immediately upon receipt of the billing statement. Charges not paid by the last business day of the billing month are considered delinquent and will bear interest at the rate of eighteen percent (18%) per annum, or the maximum rate allowed by law, whichever is less.1 the event Advisor must take legal action to collect Client's account, Client expressly agrees to pay all collection c ts, including reasonable Advisor fees.
SERVICES TO BE PERFORMED: Advisor will charge Client for services which will include, but are not limited to, ~e following: (1) telephone contact with property owners which own property suitable for the Project; (2) Project I correspondence; (3) document preparation; (4) real estate research; (5) office conferences; and (6) travel time to ,nd from locations away from the Advisor's office if necessary. Services are billed to Client on the basis of time expended, rounded to Fifteen (15) minute increments. Each party to a negotiation has available certain alternatives which will affect the amount of time and money expended in the proceeding. Since the time spent on each matter varies, as does the nature and amount of work necessary to achieve a desired result, Advisor makes no estimate as to the extent of the advisory service or the total amount of fees and expenses which Client's case will require. Advisor wil track and provide to Client a-thorough breakdown and explanation of time spent working on the Project.
Client shall not be charged for any phone conversations directly with Advisor.
COSTS OF COPYING FILE: Advisor will provide Client with contemporaneous copies of all correspondence when they are received or sent by Advisor.
WITHDRAWAL OF AQYISOR: Client understands and expressly agrees that Advisor may withdraw from representation of Client at any time if Client fails to honor the fee arrangement therein set forth including, but not limited to, payment of fees and expenses on a timely basis; fails to cooperate in the preparation of the case; fails t make a full and complete disclosure of the facts and circumstances relating to the case; or otherwise takes any action Item 2B - Page 126
DocuSign Envelope ID: 7278AF5D-502B-4840-8EB6-DC35229A73n
RETAINER AGREEMENT
This Agreement acknowledges the employment of the Commercial Real Estate Office of Kidder Mathews, and Nik Harmon (hereinafter "Advisor'') by CaliBliss, LLC (hereinafter "Client") and the fee arrangement by which Advisor will represent Client in the following matter or proceeding: Palm Springs Dispensary Property Requirement ("Project').
Client understands that Advisor cannot guarantee the results of any proceeding and acknowledges that no representations have been made by Advisor about the outcome of this matter.
APYISORV FEES: Advisory fees for representation of Client in this proceeding are based upon the following hourly charges:
Nik Harmon and Team $ 400 /hr
Client will be charged at the above rates for all time spent on this matter. An upward adjustment may also be made to the normal hourly charge for special demands made upon Advisor including difficulty, whether the work is of an emergency character, results achieved and inability to represent other clients. Any adjustment will be mutually agreed by Client and Advisor
RETAINER: A retainer of $ 5,000 is required prior to commencement of any advisory services for Client. The retainer will be applied against future billings. Advisor will refund the unused portion, if any, of Client's retainer upon completion of all work on Client's file. In the event Advisor must spend more time working on the project than that of which the Retainer Fee covers, before moving forward Advisor and Client must mutually agree that Advisor shall continue working on the project and the Advisory Fees will continue to be charged.
PAYMENT OF FEES: If Client and Advisor mutually agree to continue working on the project beyond that of which the Retainer Fee covers, Client will be responsible for the prompt payment of all fees and costs incurred in excess of the retainer. Absent other arrangements made in writing, payment is due immediately upon receipt of the billing statement. Charges not paid by the last business day of the billing month are considered delinquent and will bear interest at the rate of eighteen percent (18%) per annum, or the maximum rate allowed by law, whichever is less. In the event Advisor must take legal action to collect Client's account, Client expressly agrees to pay all collection costs, including reasonable Advisor fees.
SERVICES TO BE PERFORMED: Advisor will charge Client for services which will include, but are not limited to, the following: (1) telephone contact with property owners which own property suitable for the Project; (2) Project correspondence; (3) document preparation; (4) real estate research; (5) office conferences; and (6) travel time to and from locations away from the Advisor's office if necessary. Services are billed to Client on the basis of time expended, rounded to Fifteen (15) minute increments. Each party to a negotiation has available certain alternatives which will affect the amount of time and money expended in the proceeding. Since the time spent on each matter varies, as does the nature and amount of work necessary to achieve a desired result, Advisor makes no estimate as to the extent of the advisory service or the total amount of fees and expenses which Client's case will require. Advisor will track and provide to Client a thorough breakdown and explanation of time spent working on the Project.
Client shall not be charged for any phone conversations directly with Advisor.
COSTS OF COPYING FILE: Advisor will provide Client with contemporaneous copies of all correspondence when they are received or sent by Advisor.
WIJHQRAWAL OF APYISOR: Client understands and expressly agrees that Advisor may withdraw from representation of Client at any time if Client fails to honor the fee arrangement therein set forth including, but not limited to, payment of fees and expenses on a timely basis; fails to cooperate in the preparation of the case; fails to make a full and complete disclosure of the facts and circumstances relating to the case; or otherwise takes any action Item 2B - Page 127
DocuSign Envelope ID: 7278AF5O-5028-4840-8EB6-DC35229A7377 which impedes the ability of Advisor to provide adequate and ethical representation.
THIS RETAINER AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN ADVISOR CLIENT. ADVISOR ADVISES THE CLIENT TO READ THE RETAINER AGREEMENT CAREFULLY AND TO DISCUSS ANY QUESTIONS OR CONCERNS REGARDING THE TERMS OF THE RETAINER AGREEMENT.
I hereby acknowledge that I have read this Retainer Agreement and have discussed any questions or concerns I have regarding this Retainer Agreement and have received a copy of the same. I agree to retain Advisor in accordance with the terms and conditions of this Retainer Agreement. 8/28/2019
Dated:
sm.1to19
Dated:
~-~ BY: JiJ.rw ~
John Mi khael
Name Printed:
Andrew Mekhail
Name Printed:
In consideration of the foregoing, I hereby agree to provide representation in the above matter.
Dated: Kidder Mathews By Nik Harmon - Advisor
Item 2B - Page 128
which impedes the ability of Advisor to provide adequate and ethical representation.
THIS RETAINER AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN ADVISOR AND CLIENT. ADVISOR ADVISES THE CLIENT TO READ THE RETAINER AGREEMENT CAREFULLY AND TO DISCUSS ANY QUESTIONS OR CONCERNS REGARDING THE TERMS OF THE RETAINER AGREEMENT.
I hereby acknowledge that I have read this Retainer Agreement and have discussed any questions or concerns I have regarding this Retainer Agreement and have received a copy of the same. I agree to retain Advisor in accordance with the terms and conditions of this Retainer Agreement.
Dated:
BY: Name Printed:
Dated:
BY: Name Printed:
In consideration of the foregoing, I hereby agree to provide representation in the above matter.
Dated: Kidder Mathews By Nik Harmon - Advisor
Item 2B - Page 129
From: Ray Ann Boquecosa
Business Name:
Ray Ann Boquecosa
Blk 24 Lot 28 Kingstown 1, Barangay 171, Bagumbong
Caloocan, 1421
Philippines
Bill to: CaliBliss LLC
Attn: Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
United States
DESCRIPTION /MEMO
Invoice for Complete 2 concept renderings: Milestone 2 - Downstairs Renders TOTAL AMOUNT:
IN:Volcl
INVOICE# 7 588613810
DATE Jun 4, 2023
DUE DATE lun4, 2023
TOTAL AMOUNT $485.00
TOTAL DUE
AMOUNT
$485.00
$485.00
Invoice created via ~ work
REMIT TO
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
Item 2B - Page 130
From:
Bill to:
Karen Wilkins
Business Name:
Karen Wilkins
785 Quintana Road
#180
Morro Bay, CA, 93442
United States
CallBliss LLC
Attn: Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
United States
DESCRIPTION / MEMO
(25306023) Karen Wilkins - 5:00 hrs@$75.00/hr-04/26/2021 - 05/02/2021 TOTAL AMOUNT:
INVOICE#
DATE
INVOICE
DUE DATE
TOTAL AMOUNT
TOTAL DUE
T379345224
May 2, 2021
May3,2021
$2762.50
AMOUNT
$2762.50
$2762.50
Invoice created via llpwork
REMITTO
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
Item 2B - Page 131
From:
Bill to:
Robert Illes
Business Name:
Robert M. Illes
240 South Reeves Drive
NA
Beverly Hills, CA, 90212
United States
CallBllss LLC
Attn: Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
United States
'.J~estRIPTION / MEMO
Invoice for 3d rendering edit: Milestone 1 - 3d rendering edit TOTAL AMOUNT:
INVOICE.
INVOICE#
DATE
DUE DATE
TOTAL AMOUNT
TOTAL DUE
Invoice created via
REMIT TO
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
53375937
J~n 17, 2021
J n 17, 2021
$3335.00
$3335.00
$3335.00
Item 2B - Page 132
From:
BIii to:
Robert Boyle
Business Name:
Robert Boyle
1005 Southeast 16th Avenue
Apt2
Portland, OR, 97214
United States
CaliBliss LLC
Attn: Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
United States
DESCRIPTION /MEMO
Invoice for Logo Design, Branding & Creative: Milestone 4 - Signage TOTAL AMOUNT:
INVOICE#
DATE
INVOICE
DUE DATE
TOTAL AMOUNT
TOTAL DUE
T331829594
Oct 10, 2020
Oct 10. 2020
$3500.00
AMOUNT
$3500.00
$3500.00
Invoice created via llpwork
REMIT TO.
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
Item 2B - Page 133
From:
Bill to:
Spencer Boyle
Business Name:
Spencer Boyle
CaliBliss LLC
Attn· Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
U nlted States
DESCRIPTION /MEMO
INVOICE
INVOICE#
DATE
DUE DATE
TOTAL AMOUNT
TOTAL DUE
1271726339
Nov27 2019 I
N e>V 27, 2019
$1500.00
AMOUNT
Invoice for Site Plan and Floor Plan needed for Commercial Retail Space: Milestone 2 - Final City Approval of $1500.00 Deliverable
TOTAL AMOUNT:
Invoice created via l.j),C
REMIT TO
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
$1500.00
work
Item 2B - Page 134
From:
Bill to:
Vasilios Artemiou
Business Name:
Vasilios Artemiou
1826 Merikoke Avenue
Wantagh, NY, 11793
United States
CaliBliss LLC
Attn: Andrew Mekhail
239 Laurel st #203
San Diego, CA, 92101
United States
DESCRIPTION /MEMO
INVOICE#
DATE
INVOICE
DUE DATE
TOTAL AMOUNT
TOTAL DUE
1268111315
Nov 8, 2019
Nova, 2019
3,500.00
AMOUNT
Invoice for Civil engineer needed for Odor control plan: Milestone 1 - Odor control equipment selection 3,500.00 TOTAL AMOUNT: 3,500.00
Invoice created via Upwork
REMIT TO
Upwork Global Inc.
475 Brannan St., Suite 430
San Francisco, CA 94107
USA
Item 2B - Page 135
RETAINER AGREEMENT
I. The Parties. This Retainer Agreement ("Agreement") is made effective as of une 8, 2023 by and between the
11 Service Provider" City Permit Help, located at PO Ba 2772, Rancho Mirage, CA, 92270; AND, the
11 Client", CaliBliss LLC, located at 3017 Rue
Montreux Escondido, CA 92026-8715.
II. Services.
11 Service Provider'' agrees to provide the following Services: Planni g, Development & Environmental Consulting services related to entitlements for operation of a cannabis dispensary and lounge located at 560-562 South Indian Canyon Drive , Palm Springs, California.
Ill.- Term. The Services under the retainer shall commence on June 29th, 2023 a , d end at the completion of the term (6 2/3 hours of work). At the completion of thJ first term,
11 Client
11 may request additional
11 Terms" under the same terms as outlined i
section IV. Upon completion of the first term, or any other future terms, either pa y may terminate this "Agreement" by notifying the other party, at any time.
IV. Compensation: In consideration for the Services provided, the 11 Service
Provider" is to be paid in the following manner:
a. Retainer. The
11 Client" shall pay a
11 Retainer
II
in the amount of $1,000
to the "Service Provider" as an advance on future
11 Services
11 (6 2/3 Hours f
work).
b. Per Hour. $150 /hour. (additional incremental retainers may be requested t this rate with negotiable terms on the amount of hours requested and/or recommended to assist with any future needs of the aforementioned business, ·relevant to the services City Permit Help provides.
V. Expenses. The
11 Service Provider" shall be reimbursed for the following expe ses:
a. Client agrees to pay any and all costs for items such as plotting/reprographics costs, City fees (applications, noticing fees, peer review fees, etc.) and the like.
b. Client" agrees to pay the
11 Service Provider'' within thirty (30) days of
receiving notice/invoice of any expense directly associated with the "Services".
VI. Indemnification. "Client'
111
shall release, defend, indemnify, and hold harmless
"Service Provider" from all suits, actions, or claims of any character, name, or description including reasonable "Service Provider'"' fees, brought on account of qmy injuries or damage, or loss (real or alleged) received or sustained by any person, j persons, or property, arising out of services provided under this "Agreement" 1 Item 2B - Page 136
VII. Confidentiality & Proprietary Information. The "Service Provider 111
' acknowledges
that it will be necessary for the "Client" to disclose certain confidential and proprietary information to the "Service Provider'"' in order for the "Service Provider'"' to perform their duties under this "Agreement". The "Service Provider'"' acknowledges that disclosure to a third (3rd) party or misuse of this proprietary or confidential information could irreparably harm the Client. Accordingly, the "Service Provider'"' will not disclose or use, either during or after the term of this "Agreement", any proprietary or confidential information of the "Client" without the "Client's" prior written permission except to the extent necessary to perform the "Services" on the "Client's" behalf.
VIII. Additional Terms and Conditions. Upon mutual agreement between the "Client" and the "Service Provider", the "Service Provider" may use certain deliverables, maps, pictures, aerial imagery, etc. for promotion of the "Service Providers" business websites, newsletters and other marketing tools, for CityPermitHelp.com, GIS Pros.com, & CVAFRD.com.
IX. Entire Agreement. This "Agreement", along with any attachments or addendums, represents the entire "agreement" between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the "Client" and "Service Provider'"'. This "Agreement" may be modified or amended if the amendment is made in writing and is signed by both parties. IN WITNESS WHEREOF, the Parties hereto have executed this "Agreement" on the dates written hereunder.
Service Provider's Signature __________ Date: _____ _
Print Name: __ Scott Taschner ________ Date: ______ _
Client's Signature __ ;_Le..------------- Date: 07/10/23 Print Name: Andrew Mekhail Date: _____ _
Client's Signature ______________ Date: _____ _
Print Name: Date: ---------------- ------
Client's Signature ______________ Date: _____ _
Print Name: ________________ Date: _____ _
CityPermitHelp.com
[email protected]
(760) 409-2342
P.O. Box 2772, Rancho Mirage, CA 92270
Item 2B - Page 137
A OFFICE OF THE TREASURER-TA,,'( COLLECTOR
\)//j}Jl
1 RIVERSIDE COUNTY, CALIFORN1A
Payment Receipt
Bill Number
508121004 2020 2020000906846 $8,149.01
Merchant Name
First Name
Middle Initial
Last Name
Address
City
Country
State
Postal Code
Phone
Email Address
Total Payment
Amount
Account
Number
Routing
Number
County of
Riverside Egov
Paul
b
Baskaron
3132 Rue
Montreux
Escondido
United States
Califo rnia
92026
us + 1 626-533-
8733
[email protected]
$8,149.01
xxxx8817
121042882
'
Payment submitted!
Amount Charged
Transa ction ID
Payment Date/ Time
$8, 149.01
135078455
11/24/2020 9:54:41 AM
Pacific
PAYMENT TERMS AND CONDITIONS
AUTHORIZATION
By checking the "I accept the Terms and Conditions" 1
;checkbox below I authorize my bank to debit my
specified account for the amount of my payment. I
This is a one-time payment which will occur on the 1 1
next business day or as soon as practical thereafter. ; If my payment cannot be completed for any reason,
including insufficient funds or error in the
information which I submitted, I will retain the same
liability , which is my sole responsibility , for payment as though I had not attempted to make the
payment. I also understand that additional fees and
penalt ies may be collected to the extent of
applicable law.
RECEIPT
A receipt can be printed after payment is accepted
which may serve as evidence of payment. If an
email address is provided during the payment
process , a receipt will be emailed to you after the
!payment is processed.
1CONTACT
If for any reason you wish to make a change to the
i
payment after submission, please contact County of
Riverside Egov for assistance.
r;; I agree to the terms and condi tions.
Item 2B - Page 138
1. I H_._: er_._,_t_:••·_la ___ n_ d
~~~~
Privacy Polley I Terms of Use
Item 2B - Page 139
DocuSign Envelope ID: 1 A 1 EE497-EB97-49E6-B824 -BCBB9BC7D304 y ~~GHROAD I • ------.., CONSUlTIN6 GROUP
Highroad Consulting Group Statement of Work ("Change Order'') ~
Project Local Licensing - Palm Springs
Client Cali Bliss
Lead Highroad Consultant Simone Sandoval, Director of Licensing & Compliance Estimated Begin Date At signing.
INTRODUCTION
HIGHROAD CONSUL TING GROUP LLC ("Consu ltant") is pleased to provide you with this Services Agreement for work related to the Client's cannabis facility located at Palm Springs , CA. This Services Agreement offer is valid for business ten (10) days from the date of transmission from Consultant to Client , and on the 11th day shall no longer be valid.
This Services Agreement is based upon the information provided to us and our understanding of the state of California's standards and requirements and the City of Palm Springs' laws and regulations.
Consultant proposes to perform the following tasks in accordance with the General Provisions :
SCOPE OF WORK ("SERVICES")
1. Scope D: Consultant shall project manage one conditional use permit application , assembling of all documentation , work with Client on floor space use for each activity , and any meetings or communications with County staff necessary to effectuate these changes.
This fee does not include professional fees for the production of any outside documentation (i.e. a Title Report on the property , to scale floor plans, etc.) that are required as an attachment , though Highroad shall be responsible for assembling all such documents .
2. Scope E: Consu ltant shall prepare an Owner Letter of Rehabilitation for the intent of submitting with the Annual State Application.
3. Scope F: Consultant shall work with Client and respective Realtor or Real Estate Broker in order to verifiab ly retain real estate for a cannabis storefront retail facility comp liant to City of Palm Springs laws and regulations.
Total: Ten -Thousand dollars ($10,000.00) USO for work necessary to achieve a City of Palm Springs conditional use permit , and Owner Letter of Rehabilitation.
CLIENT RESPONSIBILITIES & ASSUMPTIONS
The following have been taken into consideration in the preparation of this proposal :
1. Client or their representative will be able to provide direction to Consultant as necessary .
2. Client understands that Highroad cannot guarantee the location of any such property inside or outside any given jurisdiction, and that Highroad 's obligation hereunder are simply to use reasonable best efforts to find the Property .
3. Client also understands that Highroad is not a licensed realtor in the State of California , and that Highroad's services are limited by the legal restrictions placed on such unlicensed individuals .
4. Consultant will have full access to all releva nt documents and inform ation of Client. Client will execute any documents required to allow Consu ltant to communicate with the state agencies on Client's behalf. Client is responsible for responding with requested documents and/or information within 5 business days of written request by Consu ltant. Client shall be charged an additiona l fee of fifty USO ($50) per day for every day past that time period that Client has not provided the requested document(s) and/o r information.
Client Responsibilities & Assumption s Initials Follow
14201 Palm Drive #105 Desert Hot Spring s, CA. 92240 www.hiqhroadcq .com (760) 671-5647
Item 2B - Page 140
DocuSign Envelope ID: 1A1EE497-EB97-49E6-B824-BCBB9BC7D 304 I !1GHROAD ~ CONlULIIMG GROUP
Highroad Consulting Group Statement of Work ("Change Order'')
FEE & TERM
1. The total "Fee" shall be Fifty-Thousand Dollars ($50,000.00 ) USO. This shall include specifica lly Scope's A, B, C, D, E & F.
2. By signing below, Client agrees to pay the total Fee due in three installments :
Twenty -Thousand Dollars ($20,000.00) due on or before signing of the Services Agreement (signed by both parties on July 03, 2019 and first (1st) installment payment received on July 10, 2019 ., Fifteen-Thousand Dollars ($15,000.00 ) due within business three (3) days of signing this Statement of Work/Change Order; the remaining Fifteen-Thousand Dollars ($15,000.00) will be due upon client approval of work but prior to the transfe r or submission of work with the State of CA. Please note, any work-for-hire ("Work Product") created by Consultant remains the property of Consultant until payment is received in full. Consultant retains the right, as the Work Product's owner, to withdraw or cancel any application, license, permit or other documentation or consequential right created by work that has not been paid in full.
3. All invoices are due within business Three (3) days from receipt of invoice unless otherwise noted. An additional interest charge of 1.0% per month , shall begin to accrue on any unpaid amount after each invoice's specified due date.
4. Client agrees to pay any outside fees or costs that Consultant may incur in providing approved services to Client. All such fees and costs will not count toward the Fee but shall be included in the Fee invoices and shall be paid in acco rdance with those invoice's terms.
By Signing this Statement of Work ("Change Order"), Highroad and Client both agree that this SOW is hereafte r incorpo rated int o the Master Servi ces Ag reemen t ("S ervices Agreement " ) signed by both Parti es on 07/03/2019.
Authorization & Approval
r
;
I
! • .. g y
Client Signature a IA,J.n 1A1 M.f.uiL
Printed Name W oow;oMe~eo l
Title owner
Date 8/14/2019
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Title owner
Date 8/14/2019
14201 Palm Drive #105 Desert Hot Springs, CA. 92240 www.hiqhroadcg .com (760) 671-5647
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO.
C-2019-096, HELD BY CALIBLISS, LLC
Jurisdiction
: The appeal hearing is conducted in accordance with Palm Springs Municipal Code Chapter 2.05 which confers jurisdiction upon the City Council to hear all appeals to the City Council other than those separately handled pursuant to Chapter
2.50. WHEREAS, Calibliss, LLC (“Appellant”) was issued Conditional Cannabis Permit No. C-2019-096 (“Permit”) pursuant to Palms Springs Municipal Code Chapter 5.55 on July 14, 2020. A twelve- month extension was granted on July 4, 2021, and a second twelve-month extension was granted on July 5, 2022; and
WHEREAS, the second extension window for the Permit expired on July 3, 2023, and staff advised representatives for Appellant that an additional twelve- month extension would require the approval of City Council (by an appeal) and w ould be subject to a penalty of up to $10,000, pursuant to Palm Springs Municipal Code Section
5.5.080; and
WHEREAS, Appellant thereafter filed a Notice of Appeal of the expiration of the Permit on May 30, 2023; and
WHEREAS, notice of the appeal hearing before the City Council was given in accordance with applicable law, and was rescheduled from July 24, 2023, to September 14, 2023, upon Appellant’s request and the City’s consent to afford Appellant an additional opportunity to address questions from the City Council; and
WHEREAS, noti ce of the appeal hearing before the City Council was given in accordance with applicable law, and was rescheduled from September 14, 2023 to October 12, 2023, with Appellant’s consent to afford Appellant an additional opportunity to address questions from the City Council; and
WHEREAS, the City Council of the City of Palm Springs opened and conducted a duly noticed appeal hearing in accordance with Palm Springs Municipal Code S ection
5.55.080 and Chapter 2.05 on October 12, 2023; and
WHEREAS, the City Council of the City Palm Springs was presented with a report from report from staff regarding the appeal dated October 12, 2023 (“Report”), and evidence regarding Appellant’s ability to demonstrate substantial progress toward becoming operational, and ident ification of any unique factors that impeded Appellant from becoming operational; and
Item 2B - Page 141
Resolution No. _____
WHEREAS, the City Council of the City of Palm Springs has carefully reviewed and considered all the evidence presented in connection with said appeal on September 14, 2023.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, after due consideration given to the relevancy, weight, and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with t he City Council’s procedure, as follows:
SECTION 1. INCORPORATION OF RECITALS.
The foregoing Recitals are true
and correct and are incorporated herein by this reference.
SECTION 2. DETERMINATION.
Calibliss, LLC has failed to provide a dequate evidence of substantial progress toward becoming operational and no unreasonable delay , that includes Calibliss, LLC’s failure to present evidence identifying unique factors that impeded them from becoming operational. Accordingly, pursuant to Palm Springs Municipal Code Section 5.55.080 and based upon the Report, the evidence in the record , and testimony presented at the hearing, the City Council
DENIES Calibliss, LLC’s appeal for a twelve-
month extension of the Permit.
Calibliss, LLC has presented adequate ev idence of substantial progress toward becoming operational and a lack of unreasonable delay.
Accordingly, pursuant to Palm Springs Municipal Code Section 5.55.080 and based upon the evidence in the record and testimony presented at the hearing, t he City Co uncil
GRANTS Calibliss, LLC’s appeal for a twelve -
month extension of the Permit, to expire on , 2024.
Calibliss, LLC shall pay a penalty in the amount of $____________.
PASSED, APPROVED, AND ADOPTED BY TH E PALM SPRINGS CITY COUNCIL THIS ___ DAY OF ________________, 2023.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE
CITY CLERK
Item 2B - Page 142
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 24, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 2B - Page 143
CITY COUNCIL STAFF REPORT
10/12/2023
SUBJECT:
APPROVE TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND
DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS
RECOMMENDATION:
Approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology.
1. Authorize the City Manager or designee to execute the agreement.2.
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 12, 2023 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE TWO -YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
Staff first presented this item at the September 26, 2023 City Council Meeting, at which time Council requested additional details on the proposal and specific information about Flock Safety, and requested the item come back as a discussion item on the October 12 agenda. This staff report provides additional information as well as responses from Flock with regard to the follow ing topics: Data Sharing, Third- Party Vendor Access, Cloud Storage through AWS, and the incorporation of PSPD's ALPR policy into the revised agreement with Insight Public Sector, Inc.
Staff is recommending Council approve a two-year agreement for the installation of fixed ALPR cameras at strategic locations in the city . The Palm Springs Police Department already has an ALPR policy in place and is attached for review. ALPR technology uses a combination of cameras and computer software to scan the license pl ates of passing vehicles. The use of ALPR technology provides several potential benefits, including crime deterrence, real-time alerts to police when stolen or wanted vehicles enter an area, and enhanced investigative capabilities when a crime has already occurred. The two- year contract will be funded through the adopted 2023-2025 City budget.
RECOMMENDATION:
1. Approve Cooperative Subscription Agreement No. 23C214 ( Attachment A) with Insight Public Sector, Inc. for 2 years , not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology.
2. Authorize the City Manager or designee to execute the agreement.
City Council Staff Report
October 12, 2023 -- Page 2
Flock ALPR Implementation
BUSINESS PRINCIPAL DISCLOSURE:
Insight Public Sector, Inc. is a corporation registered in Illinois and California. See Attachment B.
BACKGROUND:
During the meeting of September 26, 2023, Council raised questions regarding the service agreement with Insight Public Sector, Inc. Specifically, Council inquired about the incorporation of PSPD's policy (Attachment C) into the updated agreement. The revised agreement now contains PSPD’s policy.
Furthermore, Council sought additional information pertaining to data storage within the Flock system and the Amazon Web Service (AWS) Government Cloud. Council’s inquiries included concerns about data security, the types of data collected, breach response protocols, and the possibility of AWS sharing or selling data to third- party vendors. Council members also inquired about data sharing with Federal or Out-of-State Agencies and the measures Flock employs to ensure these agencies do not gain access to personal identifying information. Council also inquired into the AI functions within the Flock system. Flock responded to each of these questions, and their responses can be found in Attachment H.
Additionally, Flock Safety has provided a PDF presentation detailing the use of Flock in Palm Springs. This presentation includes information about the Flock ALPR system, strategies for mitigating risk, and how Flock can assist the Police Department in terms of transparency, audits, and gaining insights into the system. Flock has also furnished a PDF document in response to the recommendations made by the ACLU, which can be found in Attachments I & J.
During the September 26
th meeting, PSPD discussed the f ederal Criminal Justice Information Services (CJIS) compliance protocols required of both Flock and PSPD to ensure data security in law enforcement. PSPD reached out to Flock to provide more details about their compliance with CJIS. See Attachment K.
STAFF ANALYSIS:
Automated License Plate Recognition (ALPR) technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The cameras, which can be fixed (e.g., mounted on road signs or traffic lights) or mobile (i.e., mounted on a vehicle), capture computer-readable images that allow law enforcement to compare plate numbers against plates of known stolen vehicles or vehicles associated with individuals wanted on criminal charges. When a match is found, a real -time alert is generated, notifying police of the location where the image of the stolen or wanted vehicle was captured. ALPR data can also be used by investigators, after a crime has been committed, to identify and locate associated vehicles. The Palm Springs Police City Council Staff Report
October 12, 2023 -- Page 3
Flock ALPR Implementation
Department has utilized two mobile ALPR units for over 10-years. The limitation of these mobile ALPRs is that alerts and data collection only occur when that vehicle is being operated by an officer and data is also limited to the route and dis tance traveled by the patrol vehicle.
The addition of fixed ALPR cameras provides the city with a cost-effective force multiplier that helps direct officers to where crimes are occurring and provides invaluable investigative leads following a crime. Fixed ALPR technology is being used widely by many local police agencies to locate stolen vehicles and solve crimes where a vehicle has been used. Over time, the quality and accuracy of ALPR technology has continued to evolve, while also becoming more affordable.
Staff is utilizing a cooperative purchasing program procurement process through Omnia Partners, a national cooperative procurement organization as permitted under Palm Springs’ Municipal Code section 7.09.010. Under the Omnia Cooperative Contract No. 23-6692-03, the city can contract with Insight Public Sector, who were selected through a competitive solicitation to acquire the fixed ALPR equipment that is supplied by Flock Safety. City staff reviewed the marketplace for this technology and received uniformly positive feedback from numerous other local government agencies regarding their experiences with the quality and reliability of the ALPR systems supplied by Flock Safety.
Staff recommends the Council approve a two- year cooperative contract wi th Insight Public Sector Inc., for Flock Safety ALPR Camera Implementation in an amount not to exceed $99,750.00.
The proposed contract calls for Flock Safety to install and maintain fifteen ALPR cameras at locations identified by the Police Department. I t also calls for Flock Safety to provide the Department with searchable access to its ALPR data, and to store the data for 30 days.
Automated License Plate Recognition Policy
Palm Springs’ Police Department’s (PSPDs) Automated License Plate Readers (ALPRs) policy section 430.10 - Releasing ALPR Data provides procedures to protect personal privacy in the acquisition and use of surveillance technology and provides for ongoing oversight. Additionally, this policy section prohibits PSPD personnel from sharing ALPR data with federal agencies or with law enforcement agencies outside of California.
Fixed ALPR is “surveillance technology” and California Senate Bill 34 – Automated License Plate Recognition Act requires law enforcement agencies to prov ide an opportunity for public comment.
In addition, prior to the approval by the Council of a new surveillance activity, Chief Mills recommended the completion of a Surveillance Evaluation, consisting of five specific elements.
City Council Staff Report
October 12, 2023 -- Page 4
Flock ALPR Implementation
Surveillance Evaluation
(1) A description of the surveillance technology, including how it works and what information it captures;
A fixed ALPR system captures the date, time, location, license plate (state, partial, paper, and no plate), and vehicle characteristics (make, model , type, and color) of passing vehicles. FLOCK ALPR cameras are positioned to capture rear license plates only and are not designed to capture images of vehicle occupants. Flock cameras do not use facial recognition technology or capture other personal information from residents or drivers beyond license plate and vehicle data. ALPR data is transmitted in an encrypted format to, and stored by, Flock Safety, consistent with Criminal Justice Information System (CJIS) protocols. The Department will access the data via a web-based platform.
(2) Information on the proposed purpose, use and benefits of the surveillance technology;
Purpose & Use:
Recent years have seen regional increases in catalytic converter thefts, auto burglaries, vehicle thefts and organized retail thefts. The community has also experienced several brazen robberies and residential burglaries. Those responsible for such crimes commonly use a vehicle to travel to and flee from the crime scene. Moreover, they often engage in criminal offenses involving multiple jurisdictions, and commonly arrive in a stolen vehicle, a vehicle bearing stolen plates, or a vehicle that law enforcement has previously connected to verified criminal activity. Identifying such vehicles, via fixed ALPR, as they enter a target area provides law enforcement an opportunity to intervene before additional crimes are committed, and potentially apprehend wanted persons or recover stolen property. ALPR data also provides investigators with an additional technique to identify and apprehend offenders
once a crime has already occurred.
Other local communities are currently using fixed ALPR technology, including Cath edral City, Rancho Mirage, Palm Desert, La Quinta, Indio, Desert Hot Springs, with others in the process of implementing the technology. Anecdotally, these jurisdictions report that since the deployment of fixed ALPR, they have experienced a marked increas e in the recovery of stolen vehicles and report investigative success stories attributable to ALPR data.
Benefits of Usage:
The use of ALPR technology provides several potential benefits:
• Real-Time Alerts: When a real -time ALPR alert occurs, notifying police of the presence of a wanted or stolen vehicle, officers can respond to the area to search for the vehicle. If officers locate the vehicle, prior to making an enforcement stop, they visually confirm the plate number and manually check it against law enforcement databases to confirm the accuracy of the ALPR information and the legal justification for the stop.
City Council Staff Report
October 12, 2023 -- Page 5
Flock ALPR Implementation
• Deterrence: Even if officers are unable to locate and stop the vehicle in question, suspects may see the police response and be deterred from further criminal activity. Indeed, the mere presence of the fixed ALPR cameras may act as a deterrent. Police personnel have reported to staff that some criminals will intentionally target jurisdictions without ALPR technology and avoid those where it is in use.
• Solving Crimes Already Committed: Commonly, by the time a crime is reported to police, the suspects have already fled the area, and it is the job of police to identify and locate the suspects later. While victims and witnesses can often provide a description of the vehicle used by a suspect, those descriptions are frequently incomplete (e.g., a partial license plate number, vehicle type and color only) or consist of a license plate number that corresponds to a stolen vehicle or a stolen plate. Inves tigators can turn that imperfect information into actionable leads by querying the ALPR database. Existing DMV databases do not offer this capability.
• Regional Coordination: ALPR data sharing among local law enforcement partners allows agencies to collaboratively investigate, identify and apprehend multi - jurisdictional offenders, or those who commit crimes in one jurisdiction but reside in another. For example, in the case of organized retail thieves, ALPR data sharing may allow investigators to connect multiple cases across disparate jurisdictions, share evidence, and obtain the best prosecutorial outcomes.
• Expanded Searchable Data Set: Private entities (e.g., shopping centers, individual retailers) utilizing ALPR cameras can share their data with local law enforcement, to include real-time alerts. This is a one -way share. In other words, an entity that shares its ALPR data with law enforcement does not gain access to law enforcement data in return. The investigative usefulness of an ALPR system is greatly enhanced as its searchable data set increases, whether from other law enforcement contributors or private entities.
The Department believes that the deployment of a fixed ALPR system, with sound policies and training, would support crime prevention, criminal apprehension, stolen vehicle recovery, and criminal investigation.
(3) The location or locations where the surveillance technology may be used;
To derive maximum benefit with the fewest cameras needed, cameras will be placed at strategically selected locations based on several factors: crime statistics, common vehicular ingress and egress points, and traffic volume. Accounting for these factors provides the greatest likelihood of capturing images of suspects’ vehicles and their license plates. While the Department has no intention of permanently installing ALPR cameras in residential neighborhoods, cameras could be temporarily repositioned in response to a City Council Staff Report
October 12, 2023 -- Page 6
Flock ALPR Implementation
specific crime in a specific neighborhood. If placed in a residential neighborhood, cameras would not be positioned to capture images of homes, front yards, or pedestrians.
The Palm Springs Police Department is deeply committed to fostering transparency, trust, and community engagement in all aspects of its operations, including the placement of Flock ALPR cameras. Before deploying such cameras in neighborhoods or areas where there may be concerns about over-policing, the department will prioritize an inclusive and collaborative approach. This involves conducting thorough community assessments and seeking input from residents, community leaders, advocacy groups, and other stakeholders. The goal is to ensure that any decision to place ALPR cameras is made with a clear understanding of the community's needs and concerns. Moreover, the department will work closely with these communities to establish strict usage guidelines and policies that respect individual rights, civil liberties, and privacy while addressing legitimate law enforcement needs. By working hand-in-hand with the community, the Palm Springs Police Department aims to strike a balance between public safety and community empowerment.
(4) Existing federal, state and local laws and regulations applicable to the surveillance technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts;
Some organizations, such as the American Civil Liberties Union (ACLU), have generally expressed concerns about the use of ALPR, specifically on the aspects of data access, storage, retention, sharing, and reporting. The Department’s ALPR Policy is responsi ve, in whole or in part, to each of these concerns and the ACLU’s LPR guidelines. For example, while many local law enforcement agencies retain ALPR data for one year and often longer, the Department believes that a retention period of 30 days will adequat ely support its investigative needs. Only data which has been identified as relevant to a specific criminal investigation will be retained longer.
In addition to the Palm Springs Police Department’s policy, California Civil Code §1798.90.5, et seq. governs the collection of license plate information by government agencies. It spells out the policies and training that an agency must implement when collecting ALPR data. These policies, largely, address the same concerns set forth above.
The Department will ensure that its policies and training satisfy the requirements of this statute. Flock Safety has adopted a usage and privacy policy consistent with California Civil Code §1798.90.5, et seq. Moreover, by the terms of the proposed contract with the City, Floc k Safety is required to observe specific data security protocols, including restricting data access only to that which is necessary for system maintenance, logging all access by its employees, conducting quarterly compliance audits, and permitting the City to review these audits logs.
Internally, data will only be accessible to trained staff with a legitimate law enforcement need, and all queries will be logged and subject to audit. Whereas some local law City Council Staff Report
October 12, 2023 -- Page 7
Flock ALPR Implementation
enforcement agencies share data with federal and out of state law enforcement agencies, the Palm Springs Police Department will only share its data with other local (State of CA) law enforcement agencies with whom an MOU is in place, and those queries would likewise be logged and available in an audit . Neither the Department, nor Flock Safety, will share the Department’s data with any non-law enforcement entities.
The Palm Springs Police Department remains steadfast in its commitment to protecting the privacy and civil rights of its community members. To that end, the department has made it abundantly clear that it will not share any data obtained through the Flock ALPR system with non-law enforcement groups or any entities seeking information unrelated to law enforcement matters. This strict policy ensures that sensitive issues such as abortions, LGBTQ rights, and immigration remain entirely separate from law enforcement data-sharing practices, safeguarding the personal information and privacy of all residents.
The department's unwavering dedication to maintaining the trust and confidentiality of its community underscores its commitment to upholding both the law and the principles of individual rights and privacy.
The Department has made accessible to the public, via its ALPR webpage, relevant policies and will include information concerning the number of cameras deployed, the data retention period, and the names of law enforcement agencies with whom it shares data. Flock Safety will also maintain a publicly accessible Transparency Portal containing much of the same information.
(5) The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding.
In year one, the initial deployment of this ALPR technology would come at a total cost of $50,750, including the initial installation and setup. In year two, the on- going annual cost is $45,000. This includes access to the cameras, data storage, and access to the ALPR database. The Department anticipates no more $4,000 will be needed annually to repair any damaged equipment. This project is included in the FY 2023- 2025 budget and sufficient funding is available as adopted by the city council.
This report recommends the Council approve the following:
• A two-year Cooperative contract with Insight Public Sector, Inc. (No. 23-6692-03) for Flock Safety ALPR Implementation
Evaluation
STAKEHOLDER ENGAGEMENT:
The Department consulted with several other agencies to gather best practices for the deployment, and oversight of a fixed ALPR program.
City Council Staff Report
October 12, 2023 -- Page 8
Flock ALPR Implementation
In August 2023, the Department reviewed the attached ACLU guidelines to better understand the ACLU’s concerns about the use of ALPR technology, and to ensure PSPD’s policy addressed those concerns in amending PSPD’s ALPR policy.
Additionally, on September 18, 2023, the Department held a community meeting to address the topic with the community at large at the PSPD Training Center . See Attachments D & E.
In September 2023, the Department l aunched an updated informational webpage, including an opportunity for community input. See Attachment F.
ENVIRONMENTAL ASSESSMENT
:
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report. Approval of this agreement and surveillance policy are categorically exempt under CEQA regulation 15321 for enforcement actions.
ALIGNMENT WITH STRATEGIC PLANNING:
The implementation of Flock Fixed ALPR Cameras is in direct alignment with the City of Palm Springs' 2023-2025 Strategic Plan to enhance the quality of life and prioritize public safety. By strategically placing these cameras on light poles and standalone poles throughout the city, we are taking proactive measures to improve community security.
The captured license plate information will enable law enforcement agencies to effectively address and reduce criminal activities. This initiative demonstrates our commitment to fostering a safer environment for our residents and visitors, while actively supporting our goal of minimizing crime and enhancing the overall well-being of the community.
FISCAL IMPACT
:
The Department is contracting for the installation and use – not the purchase – of ALPR cameras. Flock Safety will complete the installation and setup of the cameras and will be the owner of the equipment. The cameras are solar -powered and transmit data via a wireless cell signal, requiring no utility connection. Flock Safety will maintain or replace the cameras as needed. Data storage - other than specific images identified as evidence in a criminal investigation - will be the responsibility of Flock Safety who will be responsible for maintaining CJIS data protocols, and the data will be accessed via a web platform, requiring no new software.
PSPD expects the individual camera costs at $2500 each, with the installation to vary.
PSPD believes that for the proposed 15- camera deployment, the cost to purchase and install to not exceed an initial cost of $50,750.00. The yearly subscription cost may fluctuate but is expected to be approximately $4 5,000 annually. This includes access to the cameras, data storage, and access to the ALPR database. Damaged cameras will be City Council Staff Report
October 12, 2023 -- Page 9
Flock ALPR Implementation
replaced by Flock Safety at a cost of $800 per camera as referenced in the Insight Public Sector Contract citing the FLOCK End User License Agreement, with an annual cost not expected to exceed $ 4,000. This project is included in the FY 2023- 2025 budget and sufficient funding is available as adopted by the city council.
REVIEWED BY:
Department Director: Andrew Mills
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Teresa Gallavan for Scott C. Stiles
ATTACHMENTS:
A. Cooperative Subscription Agreement with Insight Public Sector, Inc. No. 23C214 B. Public Integrity Disclosure Form
C. Palm Springs Police Department ALPR Policy
D. Original PSPD Community Presentation
E. PSPD Town Hall Flyer
F. Image of PSPD ALPR webpage
G. ACLU Guidelines
H. Flock’s Response to Questions posed by City Council on September 26th I. Flock’s Presentation
J. Flock’s response to ACLU’s considerations when using ALPR K. Flock Safety and CJIS compliance document
L. Updated PSPD Presentation
M. ALPR Comparisons
ATTACHMENT A
55575.18125\41695792.1
8.9.2023
COOPERATIVE SUBSCRIPTION OF INFRASTRUCTURE-FREE LICENSE PLATE READERS AGREEMENT NO. 23C214
This Cooperative Subscription of Infrastructure- Free License Plate Readers Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Insight Public Sector, Inc., an Illinois corporation with its principal place of business at 2701 E. Insight Way, Chandler AZ (“Contractor”). City and Contractor are sometimes i ndividually referred to as “Party” or collectively as “Parties” in this Agreement.
1. BACKGROUND.
a. This Agreement is made and entered into in reference to the competitively solicited OMNIA Partners (formerly U.S. Communities) Contract No. #23- 6692-03 with Contractor (“Cooperative Agreement”).
b. The City desires to subscribe for 15 infrastructure- free license plate readers and associated subscription service (“Services”), as attached hereto as Exhibit “A”, the content of which is incorporated by reference to thi s Agreement as if fully set out her in its entirety.
c. Contractor desires to perform said Services on the terms and conditions set forth in this Agreement, as well as the Terms and Conditions attached hereto as Exhibit “F” and incorporated by reference herein.
2. TERM. The term of this Agreement is 2 years beginning on the date provided in the Notice to Proceed for the City’s Procurement and Contracting Department. The parties may mutually extend the term of this Agreement for up to 3 additional 1- year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term of the then- current Option Period.
3. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $103,750.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Exhibit “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.
4. APPROPRIATIONS. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
5. INSURANCE. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "C", incorporated herein by reference. If no insurance is required Exhibit “C” will reflect that there are no requirements.
6. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not Formatted: Font: (Default) Arial
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limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violati on of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that aris e out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirem ents and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7. NOTICE
. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:
To City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Insight Public Sector, Inc.
Attn: Cathy Chapman
2701 E Insight Way
Chandler, AZ 85286-1930
800-467-4448
8. COMPLIANCE WITH LAW . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. When providing the Services, Contractor shall comply with the City of Palm Spri ngs Police Department Policy 403 (Automated License Plate Readers) to the extent such policy is applicable to Contractor’s provisions of Services. Said policy is attached hereto as Exhibit “E” and incorporated by reference herein, and may be amended from time to time. City shall provide Contractor with a copy of any amendments to such Policy.
Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.
9. CHANGES. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
10. TERMINATION PRIOR TO EXPIRATION OF TERM.
City may terminate this Agreement at
any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, Formatted: Font:
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safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specific ally approved by the Contract Officer.
Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not termi nate this Agreement except for cause, upon 30 days written notice to City.
11. COVENANT AGAINST DISCRIMINATION .
In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not 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; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE. When funding for the Services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
13. ENTIRE AGREEMENT. This Agreement, along with the Cooperative Agreement constitut es the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsis tency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
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BETWEEN THE CITY OF PALM SPRINGS
AND INSIGHT PUBLIC SECTOR, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
(2nd signature required for
Corporations)
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: Item No.
APPROVED AS TO FORM: ATTEST:
By
By
City Attorney City Clerk
APPROVED:
By Date
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF WORK
The Contractor is to provide a subscription service (“Services”) provided through Insight Public Sector, Inc. The system, developed by Flock Safety and licensed to Insight Public Sector, Inc., is a network of license plate readers (LPR) strategically placed in cooperation with PSPD and the Contractor.
Damaged cameras will be replaced by Flock Safety at a cost of $800 per camera as referenced in the Insight Public Sector Contract citing the FLOCK End User License Agreement, with an annual cost not expected to exceed $4,000.00
Team Configuration:
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform, while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
System Features:
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and
detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
• Vehicle make
• Body type
• Color
• License plates
• Partial tags
• Missing tags
• Temporary tags
• State recognition
• Decals
• Bumper stickers
• Back racks
• Top racks
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National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders Georgia DOR
IL SOS
Illinois Leads NCIC
NCMEC
Amber Alert REJIS
CCIC FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical information you need to do your job by eliminating the need for password resets and steps in the log-in process.
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EXHIBIT “B”
QUOTE / PRICING
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EXHIBIT “C”
INSURANCE REQUIREMENTS
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors.
Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Milli on Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad- form property damage, and product and completed operations coverage; (ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and Formatted: Font:
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(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
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EXHIBIT “D”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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EXHIBIT “E”
AUTOMATED LICENSE PLATE READER POLICY
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EXHIBIT “F”
FLOCK’S TERMS AND CONDITIONS
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar Formatted: Font:
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categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Permitted Purpose” means for legitimate law enforcement purposes, including but not limited to the awareness, prevention, and prosecution of crime, investigations, prevention of commercial harm, to the extent permitted by law.
1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.15 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.16 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
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services to its agencies, the competitive strength of, or market for, Flock’s products or services such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for 55575.18125\41695792.1
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persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data for the purpose of training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
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Receiving Party regarding features, functionality, and performance of this Agreement. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations. and will notify Customer so that Customer may have an opportunity to seek a protective order or limit the scope of such disclosure.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem Formatted: Font:
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appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
55575.18125\41695792.1
8.9.2023
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit C.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK, ITS
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL
NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY 55575.18125\41695792.1
8.9.2023
CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F)
FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER
CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE
ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF
LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will 55575.18125\41695792.1
8.9.2023
collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are 55575.18125\41695792.1
8.9.2023
expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
Formatted: Font:
55575.18125\41695792.1
8.9.2023
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation. Flock shall have the option to terminate this Agreement upon prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
These Terms and Conditions are subject to change.
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT C
Policy
430
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 1 Automated License Plate Readers (ALPRs)
430.1 PURPOSE AND SCOPE
ALPR technology is a computer- based system that utilizes special cameras to capture license plate information. The ALPR system captures an infrared image of a license plate and converts it to a text file using Optical Character Recognition ("OCR") technology. The text is compared to various hot lists generated by local, state, and federal law enforcement agencies, including the National Crime Information Center ("NCIC"), and generates an alert when there is a hit. The ALPR system identifies license plates and will not identify the person operating the motor vehicle. The Department may, as a separate step and for legitimate law enforcement purposes per the Federal Driver's Privacy Protection Act, and as set forth in this Policy, undertake to identify the owner of a vehicle in the event the ALPR system generates an alert, such as by running the license plate number through the State of California Department of Motor Vehicle (DMV) database.
The ALPR system shall be restricted to legitimate law enforcement uses for the purpose of furthering legitimate law enforcement goals and enhancing public safety. Such uses and goals include, but are not limited to, providing information to officers that will assist in on-going criminal investigations, crime prevention, crime detection, the apprehension of wanted persons, ensuring the safety of vulnerable individuals through the recovery of missing and endangered persons, and improving the quality of life in our community through the identification and removal of stolen or unregistered motor vehicles.
The Department shall utilize hot lists which further the above specified goals of the ALPR system, where there is a legitimate and specific law enforcement reason for identifying a vehicle associated with an outstanding arrest warrant, vehicles related to missing persons investigations, vehicles associated with AMBER Alerts, stolen vehicles, vehicles that are reasonably believed to be involved in the commission of a crime, vehicles which are registered to or are reasonably believed to be operated by persons who do not have a valid operator's license or who are on the revoked or suspended list, vehicles with expired registrations, vehicles registered to persons who are subject to a restraining order issued by a court or by the Parole Board, or who are subject to any other duly issued order restricting their movements, vehicles registered to persons wanted by a law enforcement agency who are of interest in a specific investigation, or vehicles registered to persons who are on any watch list issued by a State or Federal agency responsible for homeland security when information has been received concerning a specific individual. 430.2 POLICY
The policy of the Palm Springs Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 It shall be the policy of the Palm Springs Police Department that all Department members abide by the policy and its procedures set forth when using the ALPR system, thereby increasing the efficiency and effectiveness of its public safety efforts in a manner that safeguards the privacy concerns of law abiding citizens.
430.3 DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images of license plates to lists of known plates of interest.
(b) Automated License Plate Reader (ALPR) System: The computerized storage system of data collected from Automated License Plate Readers. (c) Hit Alert: An audible and/or visual signal from the ALPR System activated upon the read of a license plate by the ALPR Sytem that has NOT BEEN VISUALLY VERIFIED by the ALPR operator against the photo in the ALPR System. A Hit Alert from the ALPR system may indicate that a scanned license plate number may be in the NCIC or other law enforcement database for a specific reason, including, but not limited to, being related to a stolen car, wanted person, wanted vehicle, missing person, domestic violence protective order or terrorist-related activity. (d) Hot List: A list of license plates associated with vehicles of interest from databases including, but not limited to National Crime Information Center (NCIC), Department of Motor Vehicles (DMV), and vehicles sought by local law enforcement agencies. (e) Detection: Data obtained by an ALPR of license plates within public view that were read by an ALPR device, including potential images of the license plate and vehicle on which it was displayed, and information regarding the location of the ALPR equipment at the time of the detection.
430.4 ALPR ADMINISTRATOR
The Police Captain overseeing the Operations Division shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 (g) Ensuring this policy and related procedures are conspicuously posted on the Police Department website.
(h) Shall submit a quarterly ALPR System Audit Report and Total Detection Report to the Chief of Police.
(i) All installation and maintenance of ALPR equipment, as well as ALPR data retention and access shall be managed by the ALPR Administrator who will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.
430.4 AUTHORIZED USERS
The ALPR System shall only be accessed by the following Police Department positions after the completion of Department approved training and upon the approval of the ALPR Administrator:
(a) Police Officers
(b) Police Sergeants
(c) Police Lieutenants
(d) Police Captains
(e) Police Chief
(f) Police Dispatchers
(g) Crime Analyst
(h) Community Service Officers
(i) City approved contractor for ALPR system maintenance. 430.6 ALPR OPERATIONS
Use of an ALPR isrestricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training and receiving ALPR Administrator approval.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4 (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) ALPR operators shall ensure ALPR cameras are properly affixed to the assigned police vehicle prior to starting their shift and shall inspect the equipment for damage or excessive wear.
(g) ALPR operators shall ensure the ALPR system is functioning properly at the start of their shift.
(h) ALPR operators shall report any damage, excessive wear, and/or function issues to the ALPR Administrator via Department email immediately. (i) Login/Log-Out Procedure- To ensure proper operation and to security oversight of the ALPR system, all operators will be required to have individual credentials for access and use of the systems and/or data.
(j) Any potential data breaches of the ALPR system shall be reported to the ALPR Administrator immediately.
(k) When an ALPR Detection alarm is received alerting an ALPR Operator of a positive Hit from the ALPR database, operators shall compare the digital image of the license plate to the Hotlist information to verify the Hit for both the state and characters on the license plate. Absent exigent circumstances, ALPR Operators shall confirm the ALPR information via radio or mobile data computer to immediately confirm the Hit prior to taking enforcement or any other type of police action
(l) If an alert is received on an incorrect letter or number on a license plate, the user should correct the number received on the hit for accurate information if the correct information is available.
430.7 ALPR SYSTEM OPERATIONS
Use of the ALPR System is restricted to the purposes outlined below. Department members shall not use the system for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) The ALPR system shall only be used for official law enforcement purposes. (b) No member of this department shall be permitted to access the ALPR System without first completing department-approved training and receiving ALPR Administrator approval.
(c) Database information shall be considered confidential and for law enforcement personnel only.
(d) Login/Log-Out Procedure- To ensure proper operation and to security oversight of the ALPR system, all operators will be required to have individual credentials for access and use of the systems and/or data.
(e) ALPR System Users shall not allow non-authorized users to view system data. (f) Access to the ALPR system shall be from Department issued or Department owned computer equipment and shall not be accessed from personally owned devices without written permission from the ALPR Administrator.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5 (g) All queries of system data shall include the reason for query and any applicable event number associated with query.
(h) Any potential data breaches of the ALPR System shall be reported to the ALPR Administrator immediately.
(i) The Palm Springs Police Department shall maintain robust security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
430.8 DATA COLLECTION AND RETENTION
The Operations Division Captain is responsible for ensuring that systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles or fixed locations to the designated storage in accordance with department procedure.
The ALPR vendor, Flock Safety, will store the ALPR data (data hosting) and ensure proper maintenance and security of data stored in their data towers. Flock Safety will purge their data at the end of the 30 days of storage. However, this will not preclude the Department from maintaining any relevant vehicle data obtained from the system after that period pursuant to City's approved retention schedule mentioned above or outlined elsewhere.
All ALPR data downloaded should be stored for no longer than one year, and in accordance with the established records and retention protocols. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence until the pending litigation is resolved (Government Code § 34090.6).
ALPR technology uses cameras to capture and store images from public spaces, where persons do not have a reasonable expectation of privacy. All videos gathered by these systems are for the official use of this department. The ALPR cameras will be positioned to optimize collection of images from public places to minimize collection of images from places where an expectation of privacy exists or places exposed to view (e.g., parking lot of a shop or business). 430.9 ACCOUNTABILITY AND PRIVACY
All personnel authorized to use or access ALPR System data will be accountable for knowledge of this policy. All personnel shall report errors and suspected or confirmed violations of this policy to their supervisor.
All access to the system will be logged and the Department will maintain an audit trail of requested and accessed information, including the purpose of the query.
All data will be closely safeguarded and protected by both procedural and technological means.
The Palm Springs Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6 (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) The ALPR System and software resides in a cloud-based data center featuring full redundancy and access controls.
(d) All investigative queries into collected ALPR data are logged by user and available for auditing and review by the Department as outlined in this policy. (e) ALPR system audits should be conducted on a regular basis. To ensure proper oversight into the use of the system and adherence to this policy, all activities (plate detections, queries, reports, etc.) are automatically recorded by the system for auditing purposes. System audits shall be conducted by the Operations Captain quarterly. The audit report shall include an explanation regarding any data retained longer than than two years (e.g. data retained as evidence in a criminal case). (f) Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy.
The following uses of the ALPR system are specifically prohibited:
(a) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). (b) Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
(c) Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.
(d) Anyone who engages in an impermissible use of the ALPR system or associated scan files or hot lists may be subject to:
· criminal prosecution,
· civil liability, and/or
· administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.
For security or data breaches, see the Records Release and Maintenance Policy.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7 430.10 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:
(a) The name of the agency.
(b) The name of the person requesting.
(c) The intended purpose of obtaining the information.
(b) The request is reviewed by the Chief of Police or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
(d) Detection data will only be shared with law enforcement agencies who utilize the Law Enforcement Archival Reporting Network unless approved by the ALPR Administrator. (e) Detection data shall not be sold or transferred to non-law enforcement entities or persons.
(f) Detection data will not be shared with any federal agencies or with law enforcement agencies outside of the State of California, absent a court order or special request submitted to PSPD explaining the intended purpose of obtaining the information, and only with approval from the Chief of Police, or their designee.
Memorandum of Understanding
(a) Access to searchable data by other local law enforcement agencies shall only be granted pursuant to an MOU with that specific agency
(b) Such MOU will provide that access will only be used for legitimate law enforcement or public safety purposes
The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the access to ALPR data.
The Palm Springs Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement.
Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 430.11 TRAINING
The Training Sergeant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
Each approved user shall have received CLETS Security Training and Approval, department approved ALPR training, and any required POST approved training prior to access or use of the ALPR System.
Palm Springs Police Department
Policies
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/10/04, All Rights Reserved.
Published with permission by Palm Springs Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 8 The training shall include user acknowledgement of this Policy.
ATTACHMENT D
Potential Use of
Automated License
Plate Recognition
(ALPR) Technology
https://www.palmspringsca.gov/September 27, 2023
ALPR – What is it?
Automated License Plate Recognition (ALPR) technology uses a combination of cameras and computer software to scan the license plates of passing vehicles.
These computer-readable images allow law enforcement to compare plate numbers against plates of wanted vehicles and vehicles associated with wanted persons, missing persons, etc.
ALPR – Types
Two Types of ALPR:
ALPR – How It Works
ALPR – What Problem Does it Addres?
Regional increases in property crimes, including catalytic converter thefts, auto burglaries, vehicle thefts and organized retail thefts
Recent, albeit rare, brazen robberies and assaults
Offenders commonly:
use a vehicle;
use a stolen vehicle or vehicle with a stolen plate;
engage in crimes in multiple jurisdictions;
Cost-effective force multiplier
ALPR – What Information is Captured?
A fixed ALPR system is designed to capture:
the date, time, and location;
license plate (state, partial, paper, and no plate);
vehicle characteristics (make, model, type, and color)
ALPR – What Information is Not Captured?
A fixed ALPR system is not intended to capture
A fixed ALPR system does not use facial recognition
images of vehicle occupants
ALPR – Fixed ALPR vs. Red Light Cameras
A red light camera is designed to capture
A fixed ALPR system is designed to capture
driver images for driver identification
rear license plate images for vehicle identification
ALPR – Legal Considerations
Only allows trained authorized users
Official Use Only
No automatic sharing of data with out of state
agencies
Routine system audits
Prohibits invasion of privacy, harassment or
intimidation, personal use
Palm Springs - ALPR Policy
Requires training
Requires limitations/controls on access
Requires limitations on sharing
State Law
ALPR – Policy
Limited to need to know and right to know;
Criminal penalties for unauthorized access;
Training provided to employees;
Queries are logged and auditable;
Agency controls with whom data is shared;
No outside sharing by vendor;
No outside state sharing, unless a court
order or reason is provided, and approved
by the Chief of Police
Internal and External Access
CJIS-compliant transmission and storage by
vendor
Automatically purged after 30 days*
Data Integrity
Data Integrity
ALPR – Uses & Benefits
Proactive Real-time alerts
Reactive (Investigative)
Searchable database
USES
Real Time Alerts
Deterrence
Solve Crimes Already
Committed
Regional Coordination
BENEFITS
ALPR – Local Implementation & Collaboration
ALPR technology is an existing tool for local law enforcement including Numerous success stories and examples of where it could have been used A growing majority of agencies in the Coachella Valley currently use it Many private businesses, HOAs, and individuals have ALPR and elect to neighboring communities
in Palm Springs
share that data with law enforcement
ALPR – Next Steps
Council feedback and discussion on potential implementation of ALPR Technology
Public Comments
Approve Contract with Insight Public Sector through a cooperative purchase program
Install 15 Flock ALPR cameras throughout the City of Palm Springs Automated License Plate Recognition (ALPR)
Questions
ATTACHMENT E
PSPD
TOWN HALL
Come talk with us about the following
policies as they relate to use,
transparency, and accountability.
Drones
Automated license plate readers (ALPR)
POLICY TOPICS
MilitaryEquipment www.palmspringsca.gov
760-323-8119
CONTACT US
Monday,
September 18, 2023
@ 5:30 PM
PSPD Training Center
200 S. Civic Drive, Palm Springs
ATTACHMENT F
ATTACHMENT G
Making
SMart
DeciSionS
about
Surveillance
A Guide for Community
trAnspArenCy,
ACCountAbility
& oversiGht
the ACLU
of CALiforniA
APriL 2016
urveillance is on the rise in our communities, but basic transparency, oversight, and accountability remain the exception, not the rule. Police are spending billions of dollars on very sophisticated and invasive surveillance technology from license plate readers and cell phone trackers to facial recognition and drones. Too many of these programs are moving forward without public conversation, careful consideration of the costs and benefits, or adequate policies in place to prevent misuse and protect rights. As a result, surveillance may enable high-tech profiling, perpetuate systems of abusive policing, and undermine trust in law enforcement, particularly in communities of color where police misconduct has been rampant and community relationships have been strained. It’s time for change.
Communities must be equal partners in any decision about the use of surveillance technology. They need to know when and why surveillance is being considered, what it is intended to do, and what it will really cost — both in dollars and in individual rights. They need to be certain that any proposal includes strong mechanisms for transparency, accountability, and oversight. Otherwise, public trust can be easily damaged, and communities can end up saddled with systems that are too invasive, very expensive, and much less effective at accomplishing community safety goals than initially imagined.
This guide provides a step-by-step framework to approach surveillance proposals, properly evaluate their true costs, and develop policies that provide transparency, oversight, and accountability. Its checklist walks community members, policymakers, and law enforcement officials through essential questions to ask and answer about surveillance proposals, and includes dozens of case studies highlighting smart approaches and missteps to avoid. The guide concludes with model language for policymakers to adopt to make sure the right process is used every time a surveillance proposal is considered.
We hope you will find this document and its supporting materials (available online at aclunc.org/smartaboutsurveillance) useful in ensuring your community is making informed decisions about surveillance.
N i c o l e A . O z e r P e t e r B i b r i n g Technology and Civil Liberties Policy Director Police Practices Director ACLU of California ACLU of California
S
1 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Authors: Chris Conley, Matt Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, and Nicole Ozer, ACLU of California Contributing Writers: Addison Litton and Thomas Mann Miller Design & Layout: Gigi Pandian & Daniela Bernstein
This publication was underwritten with support from the ACLU Foundation and the ACLU’s generous members and donors.
PUBLISHED BY THE ACLU OF CALIFORNIA
SECOND EDITION — APRIL 2016
CONTENTS
Technology Overview ............................................................................................................................................. 2 Key Questions to Answer Before Moving Forward with Any Surveillance Proposal .......................... 3 Why It Matters: The Costs and Consequences of Surveillance ................................................................. 4 Surveillance Impacts Civil Rights and Community Trust ................................................................................ 4 Surveillance Carries Both Immediate and Ongoing Financial Costs ............................................................. 7 Surveillance Must Take Evolving Privacy Law into Account ......................................................................... 8 Necessary Steps when Considering a Surveillance Proposal ................................................................... 11 Collectively Evaluate the Effectiveness, Costs and Alternatives Before Making Decisions about Surveillance ................................................................................................................................................. 11 Establish a Surveillance Use Policy to Mitigate Harms and Protect Rights ................................................ 17 Ensure Accountability by Enforcing Policies and Encouraging Ongoing Public Engagement .............. 21 Conclusion................................................................................................................................................................ 24 Appendix: Model Surveillance & Community Safety Ordinance ............................................................ 25 Endnotes ................................................................................................................................................................... 29 2 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES
3 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
4 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Why It Matters: The Costs and Consequences of Surveillance Surveillance technology is often proposed as an efficient public safety tool. But too often, proposals ignore not only the true financial costs of surveillance technology but also their potential to infringe on civil rights and undermine public trust and effective policing. Communities should identify and assess all of the harms and costs of surveillance as early in the consideration process as possible in order to determine whether moving forward with a surveillance technology is really the right choice.
A. SURVEILLANCE IMPACTS CIVIL RIGHTS AND COMMUNITY TRUST The community at large can pay a heavy price if
surveillance technology is acquired and deployed
without evaluating its impact on civil rights and its
potential for misuse. Surveillance can easily intrude
upon the individual rights of residents and visitors,
perpetuate discriminatory policing, or chill freedom of expression, association, and religion — freedoms that
public officials are sworn to protect.1 As a result,
surveillance can erode trust in law enforcement, making it harder for officers and community members to work
together to keep the community safe.2
1. SURVEILLANCE CAN INTRUDE UPON COMMUNITY
MEMBERS’ RIGHTS
The greatest cost of surveillance technology may not be financial but personal: the invasion and infringement of civil rights. Various types of surveillance technology are capable of capturing and storing vast amounts of information about community members and visitors: the political rallies and religious services they attend, the health services they use, the romantic partners they have, and more. Just the perceived threat of surveillance has the potential to harm community members by discouraging individuals from participating in political advocacy, opposing police misconduct, evaluating reproductive choices, exploring their sexuality, and engaging in other activities that are clearly protected by the federal and California constitutions. And, too often, this perception is grounded in reality, as demonstrated by Fresno’s use of social media monitoring software that flagged “#blacklivesmatter” as an indicator of criminal activity.34 There are many examples of the misuse of surveillance to target individuals based on their race, ethnicity, associations, or religious or political activities. Police in Santa Clara used a GPS device to track a student due to his father’s association with the local Muslim Community Association.5 Police in Michigan sought “information on all the cell phones that were congregating in an area where a labor-union protest was expected.”
6 The NSA specifically monitored the email of several prominent Muslim-Americans with no evidence whatsoever of wrongdoing.7 In Britain, where video surveillance is pervasive, a European Parliament “[S]urveillance programs follow a long
history of law enforcement targeting African
American and other minority groups…. We
need … a future in the city where our police
department and other public institutions
have true community oversight and
accountability.”
The Rev. B.T. Lewis and Taymah Jahsi,
Organizers, Faith in Community in Fresno2
Civil Rights Principles in an Era of Big Data, signed by fourteen of the nation’s leading civil and human rights groups, sounds the alarm on how surveillance technology often disproportionately affects communities of color and religious and ethnic minorities. It calls for technology to be “designed and used in ways that respect the values of equal opportunity and equal justice” and urges users to “stop high‐tech profiling” and “preserve constitutional principles.” The document further calls for search warrants and other independent oversight of law enforcement and “clear limitations and robust audit mechanisms to make sure that if these tools are used it is in a responsible and equitable way.”4 5 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
study showed that “the young, the male and the black were systematically and disproportionately targeted not because of their involvement in crime or disorder, but for ‘no obvious reason.’”8 Surveillance programs that do not focus on individual targets can be particularly problematic. Tracking entire groups or communities extends “guilt by association” to those who have done nothing wrong, discourages participation in local activities, and alienates community members. And once members of the group are tainted with such suspicion, it becomes easy to justify prying into their private lives, or even threatening them with further consequences if they do not cooperate with additional surveillance efforts. 9 101112
SURVEILLANCE OF POLITICAL AND SOCIAL ACTIVISTS
The government has a long and troubled history of abusing surveillance powers to target political and social activists. From the “Red Squads” of the early 20th cent ury to the FBI’s efforts to infiltrate and discredit antiwar and civil rights activists in the 1960s, to recent surveillance of the Black Lives Matter movement:
The Department of Homeland Security monitored the social media a c c o u n t s o f B l a c k L i v e s Matter members and collected details about the locations of members and plans for peaceful protests in Ferguson, Baltimore, and New York City. This led many to question why the DHS — formed to combat terrorism — was surveilling members of a peace ful domestic social justice movement.10
Police in Fresno, California, secretly acquired and tested multiple social media surveillance tools that encouraged surveillance of hashtags like #BlackLives Matter, #dontshoot, and #wewantjustice and assigned individuals a “threat level.” This led to nationwide negative press attention and calls for reform from community members, all of w hich forced the police chief to issue a public apology.11
Authorities in the Oregon Department of Justice came under fire when it was revealed that a senior investigator had used software to conduct surveillance o f hashtags including #BlackLivesMatter, which returned results for civil rights advocates, including the president of the Urban League of Portland. The story triggered a public apology by Oregon’s Attorney General and led to an internal investigation.12
Intelligence reforms born from lawsuits and congressional inqui ries have led many law enforcement agencies to bar the collection of information about political activism and other First Amendment‐ protected activities without a j ustifiable suspicion of crimina l activity. But surveillance of Black Lives Matter demonstrates a need for similar restrictions on the use of surveillance technology today to ensure that it is not used to chill or undermine political and social activism. 6 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES “Dragnet” surveillance often targets communities of color:
for example, in Oakland, the police have
disproportionately used license plate readers in African- American and Latino neighborhoods.13 In Compton,
police flew a plane rigged with high-powered surveillance cameras overhead for weeks without the public’s
knowledge or consent.14 Because it involves collecting vast amounts of information, dragnet surveillance also creates the potential for all sorts of abuse, from NSA analysts tracking romantic partners15 to a Washington, D.C. police lieutenant blackmailing patrons of a gay bar.1617 18
Surveillance carries privacy and free speech threats even if it is conducted solely in public places. This is particularly true when surveillance information is aggregated to build a robust data profile that can “reveal much more in combination than any isolated record.”19
As Supreme Court Justice Sonia Sotomayor has noted,
“a precise, comprehensive record of a person’s public
movements … reflects a wealth of detail about her
familial, political, professional, religious, and sexual associations.” In addition, “[a]wareness that the
Government may be watching chills associational and
expressive freedoms.”
20 2. SURVEILLANCE CAN ERODE TRUST IN LAW ENFORCEMENT
When law enforcement fails to fully engage with community members about the impact of surveillance — or, worse, entirely skirts the democratic process by acquiring and deploying surveillance technology without public discussion at all — it erodes trust even further, making it even harder for law enforcement officers to work with the community to solve crimes and protect public safety.
In the years after the September 11th attacks, the New York Police Department created a secretive intelligence wing that infiltrated Muslim neighborhoods with undercover officers, where they monitored the daily lives of and compiled dossiers about Muslim-Americans engaging in constitutionally protected activities in cafes, bookstores, and private residences with no
evidence of illegal activity.21 22These activities gravely harmed the community’s trust in law enforcement and led to a multi-year lawsuit and settlement that barred the
NYPD from conducting investigations on the basis of race, religion, or ethnicity, and mandated implementation of a series of reforms designed to deter warrantless surveillance.
In Compton, news broke about an aerial surveillance
program that watched the whole community and was
intentionally kept “hush-hush” by the Sheriff’s Department to deter civil rights complaints. Both citizens and lawmakers were up in arms that they had been kept in the dark about such intrusive surveillance. Angry community members rightly questioned, "Why are we the target? As citizens we deserve [to know]. We are not all criminals.... It's an invasion of privacy.” The Mayor called for a “citizen private protection policy,” ensuring that the community would be notified before any new surveillance equipment was deployed or used.23
“One of the most alarming parts of that
history has been the ways that surveillance
h a s b e e n m i s u s e d a g a i n s t B l a c k p e o p l e who have been advocating for their
justice. It’s been used to discredit, abuse,
and incarcerate.”
O p a l T o m e t i , B l a c k L i v e s M a t t e r c o ‐ founder17
"Those of us from marginalized communities
grew up in environments very much shaped
by surveillance, which has been utilized to
r a m p u p t h e c r i m i n a l j u s t i c e s y s t e m a n d increase deportations….”
Steven Renderos, Center for Media Justice
18 “The effects of surveillance on New York
Muslim communities have been
devastating.… Community members’ ties
to local police precincts have
deteriorated due to distrust and fear.”
H i n a S h a m s i , A C L U N a t i o n a l S e c u r i t y Project Director22
7 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
B. SURVEILLANCE CARRIES BOTH IMMEDIATE AND ONGOING FINANCIAL COSTS In addition to the costs to civil rights and civil liberties, the fiscal impact of surveillance can be extensive.
Modifying current infrastructure, operating and maintaining systems, and training staff can consume limited time and money, even if federal or state grants fund initial costs. Surveillance technologies may also fail or be misused, resulting in costly lawsuits. To calculate the full financial cost of surveillance technology, communities must look beyond the initial sticker price. 24 1. SURVEILLANCE REQUIRES INFRASTRUCTURE, STAFFING, TRAINING, AND MAINTENANCE The hidden costs of infrastructure, training and staffing, operations and maintenance, and the potential for budget overruns, can dwarf the cost of acquiring surveillance technology in the first place. Communities that have failed to accurately estimate the full financial cost of a surveillance system have dealt with massive cost overruns and programs that failed to accomplish their stated purpose. For example, Philadelphia planned to spend $651,672 for a video surveillance program featuring 216 cameras. Instead, it spent $13.9 million on the project and wound up with only 102 functional cameras after a year, a result the city controller described as “exceedingly alarming, and outright excessive — especially when $13.9 million is equivalent to the cost of putting 200 new police recruits on our streets.”25 To avoid a similar incident in your community, it is essential to identify all of the costs required to install, use, and maintain surveillance technology before making a decision about whether to do so.
2. SURVEILLANCE CAN CREATE FINANCIAL RISKS INCLUDING LITIGATION AND DATA BREACH Surveillance programs that fail to include proper safeguards to prevent errors or misuse and protect freedom of expression, association, and religion, or that inadequately enforce such safeguards, can lead to expensive litigation that diverts resources from other public services. For example, Muslim residents in Orange County filed a discrimination lawsuit when it was revealed that state agents were sending informants into mosques to collect information on the identities and activities of worshippers.26 The NYPD paid $2 million in attorney fees for spying on New York’s Muslim communities.27 Even technical glitches can create the potential for costly lawsuits and other expenses: the City of San Francisco was embroiled in a multi- year civil rights lawsuit after wrongly pulling over, handcuffing, and holding at gunpoint an innocent woman due to an error by its ALPR system.
28 29
The collection of surveillance data also creates the risk of data breaches that can incur significant public costs as well as endanger residents’ privacy and economic security.
Even following best practices (which itself can entail significant expense) is not enough to prevent every breach. California law requires that a local agency notify residents about a security breach.30 And the fiscal costs of a breach of sensitive surveillance data could be very high: a 2015 report found that companies spent an average of $3.7 million to resolve a data security breach.31 The more information your community collects and retains, the greater the risk and potential cost of a breach. “When you’re considering a new
technology, it’s important to evaluate
not only the upfront costs but also the
c o s t s o f m a i n t e n a n c e a n d u p g r a d e s that will occur down the road.”
Captain Michael Grinstead, Newport
News (VA) Police Department24
“After public backlash about Oakland’s
proposed Domain Awareness Center,
we really had to regroup and think about
how we needed to proceed.”
Renee Domingo, former Oakland
Emergency Services Coordinator
29 8
MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES
3. LACK OF PROPER PROCESS CAN WASTE TIME AND MONEY
Failing to thoroughly discuss surveillance proposals and listen to community concerns early in the process can result in massive backlash and wasted time and funds when plans are suspended or ultimately cancelled. Oakland was forced to scrap most of the planning for its ill-fated Domain Awareness Center and scale the project back considerably after community members protested the misleading mission statement and lack of transparency for the project.
32 In Santa Clara County, a
secretive process to purchase a Stingray cell surveillance device was derailed by the County Executive after it sidestepped necessary community debate and county oversight.33 34
Community members grounded San Jose’s secret drone
purchase and the police were forced to apologize for the lack of transparency and community input.35 Engaging with the community before taking steps to go forward with a surveillance proposal is essential to avoiding similar mistakes that spark widepsread community outrage and waste time and resources.
C. SURVEILLANCE MUST TAKE EVOLVING PRIVACY LAW INTO ACCOUNT The use of surveillance technology is facing increased scrutiny and limits. Courts and lawmakers at the state and federal level, driven by increased public concern about privacy, are acting to protect individual rights and civil liberties. As a result, your community needs to consider both the existing laws and the potential for legal change, including the policy and individual rights concerns that are driving that change, when evaluating a surveillance proposal. 36
In recent years, federal courts have repeatedly reinforced legal protections for individual rights in the context of today’s technology. In 2015, the U.S. Supreme Court unanimously told law enforcement to “get a warrant” to search an arrestee’s cell phone. In another unanimous decision, the Court also ruled a warrant is required to use a GPS beeper to track a suspect’s vehicle, with a majority of the Court suggesting that using technology to track an individual’s location — even in public — over an extended period of time triggers constitutional scrutiny.37 Finally, multiple federal courts declared the NSA’s
warrantless collection of telephone metadata unlawful, with one criticizing its “almost Orwellian” scope.38 Surveillance programs that fail to account for this trend may well be held unconstitutional, and criminal investigations based on evidence from those programs could be jeopardized.
The California Constitution is even more protective of community members’ privacy, including in public spaces. The state right to privacy expressly gives Californians a legal and enforceable “right to be left alone” that protects interests in privacy beyond the home.39 The California Supreme Court has held that covertly “infiltrating” and monitoring the activities of students and professors at classes and public meetings without any indication of criminal activity violated the California Constitution,40 as did warrantless aerial surveillance of a resident’s backyard.41 Californians’ right to free expression also extends outside of the home, even to privately owned areas like shopping centers.42
Numerous laws and regulations also place limits or requirements on the use of surveillance technology. The federal Wiretap Act and its California counterpart limit the use of surveillance technology capable of “The fact that technology now allows an
individual to carry such information in
his hand does not make the information
any less worthy of the protection for
which the Founders fought.”
Riley v. California, U.S. Supreme Court36
“SJPD should have done a better job
of communicating the purpose and
acquisition of the UAS (Unmanned
A e r i a l S y s t e m ) d e v i c e t o o u r
community….The community should
have the opportunity to provide
feedback, ask questions, and express
their concerns before we move
forward with this project.”
San Jose Police Department34
9 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
intercepting the contents of live communications. And in 2015, California lawmakers enacted three separate laws that specifically address issues related to surveillance technology:
Collection of Electronic Information: The California Electronic Communications Privacy Act requires a search warrant when collecting electronic information with surveillance technology like cell phone tracking technology. It also requires a warrant for searching electronic devices or compelling email, location information, or other metadata from service providers. The law creates additional procedural safeguards, including notice to the suspect, and allows for suppression or court-mandated deletion of information obtained or retained in violation of the law. 43 Automated License Plate Readers: Newly enacted California law requires an opportunity for public comment, a written, publicly available use policy that is “consistent with respect for an individual’s privacy and civil liberties,” and reasonable security safeguards for any use of automated license plate readers. Individuals can sue for harms due to a security breach or other unauthorized disclosures.
44 Cell Phone Tracking Technology: Newly enacted California law requires public process, local legislative approval for all agencies other than sheriffs, a public use and privacy policy that is “consistent with respect for an individual’s privacy and civil liberties,” and the disclosure of agreements with other agencies concerning the use of IMSI catchers and other cell phone tracking technology. The law also allows an individual to sue an agency for violating these provisions. 45 There have also been bipartisan legal changes at both the federal and state level to rein in surveillance. In 2016, federal lawmakers adopted reforms related to NSA spying.46 Eighteen other states have enacted laws restricting law enforcement access to location information,47 and a majority of states have introduced legislation aimed at curbing the use of drones for surveillance purposes.4849 These state and federal changes are driven by a clear shift in public attitudes towards surveillance. Community members want and expect reform at both the state and local level to increase transparency, accountability, and oversight for surveillance technology. Two thirds of California voters want to see local elected officials like City Councilmembers or County Supervisors approve new surveillance technologies before they can be used. Similarly, a strong majority of voters want to see both local (65 percent) and state (64 percent) policies SURVEY OF LIKELY 2016 CALIFORNIA VOTERS FINDS STRONG SUPPORT FOR REFORMS TO SURVEILLANCE TECHNOLOGY USE BY LAW ENFORCEMENT
Likely 2016 voters polled in a Califor nia statewide survey strongly favor local and state level reforms of law enforcement surveillance technology practices.49 A summary of key findings from the survey:
Reform Proposal Support
Require the local City Council or Board of Supervisors to vote to approve new surveillance technology before it is used by local police. 67% Develop and enforce local policies to set limits on surveillance technology used by police. 65%
Develop and enforce statewide policies to set limits on surveillance technology used by police. 64%
Require law enforcement agencies to publicly report how often they are using surveillance. 62%
Provide public notification prior to local police buying new technology for surveillance. 58%
10 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES developed and enforced that set limits on police use of surveillance technology. Voters also want to see steps taken to require public reporting from law enforcement agencies regarding the frequency of use of surveillance technologies (62 percent) as well as public notification before the purchase of any new surveillance technologies (58 percent).50 51
All of these factors have led many communities to move
forward with local ordinances that ensure transparency, accountability, and oversight for all surveillance
technologies.52 Your community should follow their lead and thoroughly evaluate any surveillance proposal in
order to protect the rights of your community members,
identify hidden costs and financial risks, and ensure that you comply with existing laws and are consistent with
increasing public concerns about privacy.
“With a surveillance equipment ordinance,
any of the existing equipment that Oakland
might already have or any that is soon to
come out will have to go through the
vetting process.”
Brian Hofer, Chair, Oakland Domain
Awareness Center Privacy Committee51
ENACT A SURVEILLANCE & COMMUNITY SAFETY ORDINANCE
TO MAKE SURE THE RIGHT PROCESS IS FOLLOWED EVERY TIME
Passing the Surveillance & Communi ty Safety Ordinance included in the Appendix to this guide will h e l p y o u r c o m m u n i t y a v o i d p r o b l e m s d o w n t h e l i n e b y f o l l o w i n g the right process every time. It ensures that there is community analysis of surveillance techno logy whenever it is considered, that local lawmakers approve each step, and that any surveillance pr ogram that is approved includes both a Surveillance Use Policy that safeguards individual rights and transparency and accountability mechanisms to ensure that the Policy is followed.
11 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Necessary Steps when Considering a Surveillance Proposal Surveillance can be misused in ways that harm community members, undermine public safety goals, and saddle taxpayers with unnecessary costs. That’s why it is essential to publicly and thoroughly evaluate surveillance proposals. The following section will help your community — including diverse residents, public officials, and law enforcement — work together to de termine whether surveillance really makes sense and put in place robust rules to ensure proper use, oversight, and accountability if your community decides to move forward with a surveillance proposal. 53
A. COLLECTIVELY EVALUATE THE EFFECTIVENESS, COSTS AND ALTERNATIVES BEFORE MAKING DECISIONS ABOUT SURVEILLANCE
Surveillance should only be a means to an end, never an end in itself. That means that your community should have an actual purpose in mind or problem that needs to be addressed before even considering surveillance technology. Once you have that, you can collectively evaluate whether surveillance is likely to effectively accomplish your goals, as well as estimate the costs to both your community’s budget and to individual rights.
1. DECIDE AS A COMMUNITY: INVOLVE THE ENTIRE COMMUNITY
FROM THE START
The best way to consider whether surveillance is the right choice and to avoid costly mistakes is to engage the entire community — including law enforcement, local lawmakers, and members of the public — in a thorough discussion about any surveillance proposal.
Different segments of your community are likely to bring valuable perspectives to the process of evaluating whether to acquire and use surveillance technology. And the time to engage with your community is at the very beginning of the process, before any funding is sought, technology is acquired, or system is used.54 Several cities considering proposals to introduce or
expand surveillance have found it useful to actively
engage community members through working
groups and ad-hoc committees to shape policy and
provide oversight. The Redlands Police
Department convened a Citizens’ Privacy Council,
open to any city resident of the city, to provide
advice on surveillance-camera policies and oversee
police use of the cameras.
55 Richmond formed an56
ad-hoc committee to evaluate policies for its video
“The public debate that the surveillance ordinance
will require on new technologies and their uses will
be beneficial for everyone, including city officials,
to help them learn more about how these
programs work and what they mean to the public.”
Joe DeVries, Oakland Assistant to the City
Administrator56
Fewer than 15 percent of
California communities publicly
debated surveillance programs
before moving forward. (ACLU
2014)
54 The Department of Homeland Security (DHS) Privacy Office and Office for Civil Rights and Civil Liberties issued CCTV: Developing Privacy Best Practices, a report that encourages government agencies to build privacy, civil rights, and civil liberties considerations into the design, acquisition, and operations of video surveillance systems. An a ppendix highlights the need to follow the Fair Information Practice Principles of Transparency, Individual Participation, Purpose Specification, Data Minimization, Use Limitation, Data Quality and Integrity, Security, Accountability, and Auditing.53 12 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES surveillance program.57 And in 2014, following community backlash and the vote not to expand Oakland’s Domain
Awareness Center, the City Council created a Privacy and Data Retention Ad Hoc Advisory Committee comprised of diverse community members to create safeguards to protect privacy58 rights and prevent the misuse of data for a scaled-back system to be used at the Port of Oakland.59 Oakland now has a formal Privacy Commission, which will provide advice to the City of Oakland on best practices to protect privacy rights in connection with the City's purchase and use of surveillance equipment and other technology that collects or stores data.60
Is the community engaged in an informed debate about any surveillance proposal? It is never too early for a public debate about a surveillance proposal. Community members should know what kind of surveillance is being considered, what it is intended to do and how it will affect them at the earliest stages of the process, when their input can bring out important information, highlight community concerns, and help avoid unforeseen problems and community backlash. 61 The public should be given effective notice that surveillance is being considered. Effective notice means more than a line item in a public meeting agenda. Law enforcement should proactively contact community groups, including those representing ethnic and religious communities, and local media to increase public awareness early in the process and engage the entire community with the issue. 62
“Technology can only serve
democracy to the degree that it is
democratized.”
Malkia Cyril, Director, Center for
Media Justice58
CASE STUDY: SANTA CLARA COUNTY CANCELS STINGRAY BUY DUE TO TRANSPARENCY CONCERNS
In 2015, the Santa Clara County Executive rejected the Sheriff’ s proposal to purchase a Stingray after the Board of Supervisors questioned the expense and secrec y o f t h e p r o j e c t . T h e B o a r d questioned how they could be asked to spend more than $500,000 of taxpayer money to approve a purchase that was shrouded in secrecy even from the Board its elf. The County Executive ultimately rejected the purchase because the company providing the Stingray refused to “agree to even the most basic criteria we have in terms of being responsive to public records requests… We had to do what we thought was right.”61
CASE STUDY: OAKLAND’S “DOMAIN AWARENESS CENTER” FORCED TO SCALE BACK AFTER KEEPING COMMUNITY IN THE DARK
In 2013, the City of Oakland tried to expand its “Domain Awareness Center,” originally focused on the Port of Oakland, into a citywide surveillance network linking together video cameras from local streets and schools, traffic came ras, and gunshot microphones. Instead of soliciting early public input about the expanded system, Oakland tried to move forward without any meaningful engagement with the community. Residents were outraged, and the City Council voted against expanding the system.62
13 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
An informed debate also requires that your63
community have access to a wide range of
information in order to assess how surveillance
would work in practice and whether it would advance
local goals. Community meetings with various
speakers representing different perspectives (not just
law enforcement and the technology vendor) can
help the community understand how the surveillance
technology actually works and its potential
implications. The entity seeking to acquire new
surveillance technology should also prepare and
release a Surveillance Impact Report and a
Surveillance Use Policy to help everyone understand how a technology will work, its potential costs, and the safeguards that will prevent its misuse if the proposal were approved. Your community may also consider convening an ad-hoc committee of local
residents, experts and advocates who can work
together to make recommendations or help complete these documents.64 “It is critical to our judicial system and our
democracy that the public and our elected
representatives be informed about the use
of these devices so that we can have a
d i s c u s s i o n a b o u t t h e i r p r i v a c y i m p l i c a t i o n s and make informed decisions about policies
for their use.”
Joe Simitian, Santa Clara County
Supervisor63
USE A SURVEILLANCE IMPACT REPORT TO MAKE AN INFORMED DECISION The scope and potential costs of a surveillance technology shou ld be assessed and made available to the community through a Surveillance Impact Report. This report should include:
o Information describing the techn ology, how it works, and what i t collects, including technology specification sheets from manufacturers;
o The proposed purposes(s) for the surveillance technology; o The location(s) it will be deployed and crime statistics for any location(s); o An assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; and
o The fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding.
A worksheet to help your communi ty prepare a Surveillance Impac t Report is available at aclunc.org/smartaboutsurveillance.
CASE STUDY: SANTA CRUZ COUNCILMEMBERS LACK INFORMATION FOR ALPR
DECISION
After the Santa Cruz City Council approved the use of federal funds to purchase ALPRs for the police department, councilmembers noted that they did not have a lot o f information about the technology or its impact on the community at the time of its decision. When one councilmember was asked what effect the scanners might have on community members, he replied, “I don’t know enough about the technology.” Another was unaware of privacy is sues, admitting, “The council didn’t get much correspondence about the potential for the erosion of civil rights that these kinds of devices can cause....”64
14 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES How will the community decide whether to proceed with a surveillance proposal? Community members deserve more than just information about surveillance proposals: they need the opportunity to help determine whether the proposal actually benefits the community and how or whether it should move forward, either by giving input to local policymakers at public hearings or by casting their own ballot on the issue.
In either case, initial community approval should be obtained before any steps towards acquiring surveillance technology are taken, including applying for funding from outside entities. This ensures that external grants do not circumvent the proper democratic process and cut community members out of the loop. Local policymakers or the community as a whole should be given additional opportunities to weigh in if the proposal changes or as more details become available.65
2. DEFINE THE PURPOSE: ASK HOW AND WHETHER THIS TECHNOLOGY WILL AID YOUR COMMUNITY Your community cannot determine whether surveillance is an appropriate solution if you have not first identified the problem. Defining the specific purpose or issues that surveillance is intended to address is essential to evaluate the likely effectiveness of surveillance and to identify alternatives that might provide a better fit for your community’s needs and budget. It can help highlight the individuals or communities who are likely to be most impacted by surveillance and ensure that their thoughts and concerns are fully understood. It also provides a starting point for crafting a Surveillance Use Policy by defining specific objectives for which surveillance is appropriate and barring its use outside of those purposes. What specific community purposes will be aided by adopting this technology? A well-defined community purpose should include a specific problem and a measurable outcome that the community desires. Vague purposes such as “protecting our city from criminals” make it difficult for the community to understand how surveillance might be used or how its effectiveness might be measured. In contrast, a purpose such as “increase recovery of stolen vehicles” succinctly identifies an outcome desired by community members and helps frame public discussion. That discussion may in turn lead you to narrow or alter the purposes for which surveillance should be used, if you decide to use it at all. 66 CASE STUDY: OAKLAND SPENDS $2M ON “HARDLY USED” POLICE TECHNOLOGY The cash‐strapped city of Oakland learned the hard way that acquiring new police technology without a clearly defined purpose can be a waste of time and money. A city audit revealed that the city had squandered almost $2 million on hardly used police tec hnology between 2006 and 2011.
The auditor recommended steps to ensure that technology purchases were intended to fulfill specific strategic objectives and regular evaluation of their effectiveness.66 CASE STUDY: SAN JOSE’S DRONE GROUNDED UNTIL COMMUNITY APPROVES San Jose residents were outraged when they learned that their p olice department had purchased a drone without any public debate. Amid critical media coverage and protests from community groups, civil‐rights advocates, an d local residents, police apo logized and said they would ground the drone until they could conduct adequate public outreach.65 15 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Will this surveillance technology help your community achieve that purpose? After your community identifies the purposes that surveillance technology might be able to address, you should evaluate whether the proposed technology would actually achieve them. Manufacturer’s claims should not be taken at face value, and certainly not in isolation. Instead, your community should look at all of the evidence or arguments suggesting that surveillance will or will not effectively help you achieve your defined purpose.67
Are there better alternatives to achieve your purpose? Even if the proposed surveillance technology does seem likely to help your community achieve its purpose, there still may be alternatives that are just as (or more) effective, less expensive, and/or less likely to be misused or otherwise negatively impact your community members.
In particular, you should compare the effectiveness and costs of technology-based solutions with non- technology-oriented approaches to address the problem. For example, multiple studies have shown that traditional approaches such as increased lighting and foot patrols significantly reduce crime. 68 You should not automatically assume that surveillance technology will be more effective.69
3. IDENTIFY THE COSTS AND RISKS: EXAMINE FINANCIAL, LEGAL, AND PRACTICAL CONSEQUENCES Even if a specific technology is appropriate for your community’s purposes, there still may be financial, legal and practical concerns that may make adopting it undesirable. This section will help you measure the likely costs of surveillance so that you can determine whether they are truly outweighed by the expected benefits.
CASE STUDY: CITIES REPLACE RED LIGHT CAMERAS WITH LONGER YELLOW LIGHTS California cities are increasingly shutting down red light cameras as evidence mounts that the cameras increase, rather than decrease, traffic accidents. For example, in Walnut, CA, a study found that red light cameras resulted in dramatic increases in “red light running collisions” (400%), “rear end collisions” (71%) and “broadside collisions” (100%)” and that “no argument can be made that photo enforcement has improved safety . . . within the cit y of Walnut. In fact, the use of red light cameras appears to have decreased safety and put roadway users at increased risk.” In light of this evidence, more than half of the California cities that once used red light cameras have ended their programs, turning instead to alternatives that have proven more effective at preventing accidents such as longer yellow lights at dangerous intersections.69 CASE STUDY: SAN FRANCISCO RECONSIDERS PLANS TO EXPAND
SAFETY CAMERA PROGRAM THAT FAILS TO IMPROVE COMMUNITY SAFETY In 2005, San Francisco set out to deter violent crime and provide police with an investigative tool by installing video cameras in the City’s high‐crime, high‐traf fic areas. However, p ost‐installation crime statistics published by ma ndate under a city ordinance re vealed that the cameras neither reduced crime nor assisted in solving them in any meaningful way. In fact, the cameras only led to six suspects being charged by the SFPD between 2005 and 2008. As a result, the Police Commission reconsidered its plans to expand the program.67
16 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES How much will the technology cost your community to acquire and operate? Deciding how to allocate funds is one of your
community’s most important tasks. Every dollar
your community spends on surveillance
technology is a dollar it cannot spend on some
other community need. Costs related to
surveillance technology will include personnel
time, training costs, maintenance and upkeep, as
well as any network and storage costs for the
data your community may collect. Potential costs
associated with risks of data breach or lawsuits
based on abuse of surveillance also need to be
recognized.
70 Questions about costs cannot be dismissed solely
because your community is seeking grant funding to pay for the technology. These grants are attractive for obvious reasons: they appear to allow your community to buy a technology without having to spend local taxpayer dollars. But outside grants may not cover the costs that follow a technology’s adoption, particularly the long-term costs of operation, repairs, and personnel. Estimating these costs as accurately as possible — and making sure those estimates are shared with the community and made part of the debate about adopting surveillance — is key.
What are the legal risks and associated potential costs of the surveillance proposal? Surveillance technology can carry a number of significant legal risks and requirements, in part because of rapid changes to privacy and surveillance law. Even under current law, misuse of surveillance systems or data, or technical glitches outside of your control could subject your community to potential legal liability.
And as courts and lawmakers continue to reassess how privacy and free speech rights should apply in the digital age, there is a risk that your community’s investment in surveillance technology could leave it saddled with equipment that can no longer be legally used as intended. These factors need to be accounted for when performing a cost-benefit analysis of any surveillance proposal. 71 “One more question to ask ourselves is whether
w e a r e c a r e f u l l y c o n s i d e r i n g t h e i n f r a s t r u c t u r e that is needed to support technology — the
costs of monitoring it and of staffing technology
units at a time when departments are laying off
civilians. We really need to think about all of the
aspects of technology when initial investments
are being made.”
P o l i c e E x e c u t i v e R e s e a r c h F o r u m , “ H o w A r e Innovations in Technology Affecting Policing?”70
CASE STUDY: FBI REMOVES GPS TRACKERS AFTER SUPREME COURT RULES THAT WARRANTLESS TRACKING IMPLICATES FOURTH AMENDMENT
The FBI had installed approximately 3,000 GPS trackers on cars throughout the United States, without a warrant, when the U.S. Supreme Court ruled in 2012 that their use implicated the Fourth Amendment. As a result, the FBI deactivated the warrantless trackers, and its agents had to physically retrieve them. Obtaining warrants before using those GPS trackers would have ensured the constitutionality of obtained evidence and saved the FBI considerable time and effort.71 17 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
How could the surveillance proposal negatively impact public safety or individual rights? A surveillance proposal designed to benefit your community may carry side effects that undermine that objective. Insecure systems can present a tempting target for hackers, potentially making your community less safe in the process. Surveillance programs that target or disproportionately impact communities of color or other marginalized groups can make it harder for law enforcement to work cooperatively with those groups to investigate crimes. And surveillance can chill political and social engagement such as attendance at political rallies, gun shows, or religious ceremonies if community members fear that their lives are constantly being monitored. Identifying the harms as well as benefits of surveillance is an important part of evaluating any proposal.72
B. ESTABLISH A SURVEILLANCE USE POLICY TO MITIGATE HARMS AND PROTECT RIGHTS
If after careful consideration and public debate your community decides that a particular surveillance technology is worth adopting, you need to ensure that policies are in place so that it is used properly. A clear, legally enforceable Surveillance Use Policy that provides guidance about when and how to use surveillance can safeguard individual rights while protecting local law enforcement and your entire community from costly lawsuits, bad press, loss of community trust, and more. Recognizing the necessity of use policies, Seattle and Spokane, Washington, recently passed ordinances requiring police to develop use guidelines for new surveillance equipment before using it.73
74 CASE STUDY: REDLANDS DEPLOYS INSECURE CAMERA NETWORK The surveillance camera network in the city of Redlands made th e news for the wrong reasons when computer security experts demonstrated how easily they could take control of the cameras.
Although the police department expressed concern about “people with criminal intent using the public camera feed to case homes or businesses or track the police force,” the network was deployed with no security at all. Even after the story broke, the network was secured with an outdated encryption protocol that a researcher described as “pu tting a diary lock on your front door.”72
CASE STUDY: ALAMEDA COUNTY SOLICITS PUBLIC INPUT FOR STINGRAY POLICY Before upgrading its cell phone surveillance technology, the Alameda County District Attorney publicly released its draft use policy and solicited feedback f rom the community. In response to feedback, the District Attorney made changes that resulted in a policy requiring a warrant for the use of the device and strict limits on how data could be used. This transparent and democratic process helped build community trust and ensured a stronger set of safeguards would be in place from the start.74
18 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Here are some of the key elements of a robust, legally enforceable Surveillance Use policy:
1. USE APPROPRIATELY: PLACE CLEAR LIMITS ON SURVEILLANCE If your community has been following this guide, you’ve already defined community purposes that justify a particular technology. Now it’s time to use those purposes to decide and codify both the acceptable uses that will benefit the community and those that are simply prohibited. Doing so safeguards against use of the technology in a manner the community never intended.
When is surveillance permitted or prohibited?
The first step is straightforward but essential: defining how and when the technology may be used. Every entity in your community that conducts surveillance should have a policy that clearly specifies appropriate uses of each technology and bars all other uses.
In order to benefit from and reflect community input and oversight, technology should only be used for the particular purposes for which it was acquired. Any proposed new uses should be subject to the same public discussion as the acquisition of new technology, allowing the community to weigh in on the appropriateness of any expanded purpose.
Your policy needs to be consistent with constitutional
guarantees of privacy, equal protection, freedom of
speech, and freedom of religion. In fact, your use
policy should not only address clearly unlawful but
also potentially unlawful uses of surveillance
technology. If there are questions about the legality of a specific practice, your use policy should prohibit that practice until there is a definite answer.
75 What legal or internal process is required to use surveillance? It is also important to ensure that all legally required and internal processes are followed each time surveillance is used. These processes help to prevent unauthorized or outright illegal uses and also make sure that even appropriate uses of the surveillance technology minimize the impact on individual rights.76 In many cases, the best way to ensure that legal requirements are satisfied is to require a search warrant prior to conducting surveillance, allowing the court system to play a role in overseeing the program. With the streamlined modern warrant process, officers can seek a judge’s approval quickly and easily by simply placing a phone call or using a mobile device.77
Internal recordkeeping, including recording the reason for each use of surveillance, can also help ensure compliance with the appropriate use policy and create an audit trail for ongoing feedback and oversight. How are officers trained before they conduct surveillance? Having clear policies is not helpful if the people using the technology or the data it collects lack the underlying knowledge to comply with those policies. Training programs for anyone involved with surveillance must be comprehensive, encompassing not just the technology and Surveillance Use Policy but the purposes and legal rules that inform the Policy. Training should spell out both the obligations of anyone using the technology and the consequences for policy violations.
The police need to “have more of a dialog
with the council, because we are the ones
that . . . approve funding decisions and we
want to make sure . . . that you are
hearing everything that we hear as well.”
Seattle Councilmember Bruce Harrell 76
Publicly available use policies
were found for less than 1 in
5 local California surveillance
programs (ACLU 2014
research).
75 19
ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Are you only collecting necessary data?
Ensuring that surveillance technology is used in a way that accomplishes its stated purpose without collecting additional data is a straightforward way to reduce the risk of privacy invasions. That’s why the federal statute authorizing wiretaps has from its inception required “minimization” — an effort to make sure that even after a warrant has been issued and collection is underway, police only intercept communications relevant to the investigation, not every communication made by the target.78 The same principle should be applied to other forms of surveillance, requiring a reasonable effort to avoid collecting superfluous information. For example, a police department that deploys drones to an accident scene to quickly identify any need for police or emergency intervention does not need to record and retain video footage.79
2. PREVENT MISUSE OF DATA: LIMIT WHEN DATA CAN BE USED AND WHO CAN ACCESS IT Even data collected for a legitimate purpose can be put to illegitimate uses. It is essential that your community establish clear rules so that surveillance data is used only for approved purposes. Doing so not only prevents outright abuses of the data that can erode public trust but also keeps “mission creep” from altering the balance that you have already worked out between government actions and individual liberties. How will surveillance data be secured?
The first step in preventing misuse of data is ensuring that it is stored securely. Technical safeguards are necessary to help protect community members’ data from accidental disclosure and misuse. You should consult with experts and implement safeguards at multiple levels that protect data at all points in its lifespan.
Your community may already possess secure storage space separated from other databases and computer systems. This provides you with an obvious level of control. If you choose to store data elsewhere, you must ensure that it is secure and subject to your safeguards. Your community should also designate someone as an authority or custodian with responsibility over community members’ data and your storage systems. 80
CASE STUDY: OHIO STATE HIGHWAY PATROL RETAINS ONLY ALPR HITS The Ohio State Highway Patrol policy for automated license plate readers (ALPRs) states, “all ‘non‐ hit’ captures shall be deleted immediately.” The ALPR program i s intended to detect stolen vehicles, Amber Alerts, and persons with outstanding warrants. As a result, retaining data about “non‐hit” vehicles does not further that purpose, and a policy of deleting that data immediately protects the community from unnecessary risks.79
CASE STUDY: MONTEREY COUNTY SUFFERS DATA BREACH
DUE TO “TOTALLY OBSOLETE” DATA PRACTICES
Monterey County’s computer systems were breached in 2013 and the personal information of over 140,000 local residents was stolen. A subsequent grand jury investigation concluded that the breach stemmed from “totally obsolete” data practices and a fai lure to follow privacy laws. The grand jury warned of “serious financial consequences” if the county failed to change its practices.80 20 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Under what circumstances can collected data be accessed or used? In addition to technical safeguards to protect data, you should also limit the circumstances under which it can be legitimately accessed or used. These limits should be based on the specific purposes your community agreed to when it adopted the technology. For example, if the purpose of the technology is to address specific violent crimes, your policy might allow database searches only as part of an official investigation of a violent crime, and only for data that is related to that investigation. Data access and use policies that are consistent with the articulated purposes for the system will provide guidance to operators and engender community trust by deterring abuses that can follow unfettered access to surveillance data.
Your community’s goal of balancing privacy and security will be easier to achieve if particular data access and use limits are accompanied by steps to ensure the rules are followed. Database access should be limited — for example, by only allowing junior staff to access data with the permission and guidance of a more senior officer, or by limiting data access solely to senior officers. As explained earlier, training is a must. Restricting data access to a limited set of trained employees decreases the potential that community members’ data can be misused. To ensure targeted use of data, it may be appropriate to require a search warrant or similar external process before the data can be accessed at all. 81 What limits exist on sharing data with outside entities? Placing limits on how data use is a great step, but third parties that receive the collected data may not have the same limits in place. To protect residents’ privacy and prevent uses of information contrary to community desires, it is important to articulate when — if ever — the technology’s purposes justify sharing any collected information. During the public debate over your Surveillance Use Policy, the community should decide when sharing is permissible and when it is prohibited.
If data can be shared, your community must also determine how to ensure that the entity receiving the data lives up to your community’s standards. This may require contractual language binding the third party to your data policies and safeguards. For example, the city of Menlo Park, California, specifically requires by ordinance that any agreement with Northern California’s fusion center demand compliance with the City’s own retention policy.82 If a potential recipient of your data cannot agree with your policies or conditions, the best choice is to not share your data.
3. LIMIT DATA RETENTION: KEEP INFORMATION ONLY AS LONG AS NECESSARY The longer you retain information, the greater the potential privacy and security risks. The easiest way to minimize these risks is to retain only necessary information and to delete it after the purpose for its collection is achieved.
CASE STUDY: LAX POLICIES LEAD TO “LOVEINT” ABUSE
Without strong policies limiting access to data, the temptation to misuse government databases for personal interests can be hard to resist. The NSA even has a specific term, LOVEINT, for employees who monitor their significant others. Two Fairfield, C A , o f f i c e r s c o u l d f a c e c r i m i n a l charges after using a statewide police database to screen women from online dating sites.81 21 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Does retaining data help accomplish the purpose for which the technology was acquired? To maximize the usefulness of your technology and minimize civil liberties concerns, a retention period should not be longer than necessary to directly advance community purposes. For instance, deploying automated license plate readers to83
locate stolen or Amber Alert vehicles
is not aided by the collection of
historical data. Retaining data “just in
case it becomes useful” increases the
risk that data will be used contrary to
the purpose agreed upon by the
community or wind up in the hands of
a bad actor. Retaining data can also increase the costs of surveillance by requiring expensive storage solutions and making it harder to effectively use the system. Focusing on the specific objective that surveillance is intended to accomplish can help you determine a retention period that balances that objective with the costs and risks associated with data retention. Are there other legal or policy reasons that inform your data retention policy? There may be other legal and policy issues that affect your data retention policy, informed by legal concerns unrelated to your community’s purposes. For example, your community should choose a retention period that balances a desire to be responsive to public records requests with residents’ civil liberties, including privacy. Responsiveness to records requests should not be a primary justification for an extended retention period, however, since community concerns about surveillance are better addressed by retaining less information in the first place. What happens when the data retention period expires?
To prevent misuse of data after your community’s desired retention period has lapsed, ensure that data is regularly deleted after that time. This can be accomplished via automated technical measures or periodic audits.
Before data is collected, your community should also decide whether there are any specific circumstances that justify the retention of data beyond your community’s chosen retention period. For instance, it might be appropriate to preserve data relevant to a specific ongoing investigation, data necessary to complete an investigation of internal data misuse, and data relevant to a criminal defendant’s case. Any such conditions should be informed by your community’s purposes and clearly articulated in your Surveillance Use Policy.
C. ENSURE ACCOUNTABILITY BY ENFORCING POLICIES AND ENCOURAGING ONGOING PUBLIC ENGAGEMENT
Even if your community has already deployed surveillance technology, the community as a whole has a crucial role in ensuring that the public interest is promoted through its use. One key question is whether your Surveillance Use Policy is effectively safeguarding individual rights and preventing abuses. A second is whether the assumptions you made when you approved surveillance in the first place still hold true after actual experience with the technology and its impact. Revamping or even cancelling an ineffective or imbalanced program is better than wasting time, money, and community trust on a tool that does more harm than good.
“If there’s anything of a criminal nature recorded on video, it’s grabbed and inventoried within hours. Most
everything else is never looked at again, so it’s purged automatically.”
Commander Steven Caluris, Chicago Police Department83
22 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES
1. IDENTIFY AND ADDRESS ABUSES: AUDIT USE OF TECHNOLOGIES AND DATA AND ADDRESS ANY MISUSE The safeguards in your Surveillance Use Policy are only worthwhile if the policy is actually followed. But given the secretive nature of many forms of surveillance, ensuring compliance takes conscious effort. Strong internal and external oversight and auditing can help identify isolated or systemic abuses of surveillance technology, and legally enforceable sanctions can deter both. How are operators supervised?
Personnel management and technical measures both
facilitate internal oversight of your technology and data.
Designating a chain of command for a given surveillance technology helps specific personnel understand what
responsibilities they have over the equipment or data and makes it easy to trace where misuse occurred. All of this helps your community deter abuses and guarantee that
resources are used wisely.
84 How will misuses of the technology be identified?
The best way to identify misuse of surveillance is to “watch the watchers” by keeping thorough records of each time surveillance is deployed or surveillance data is called up. The person or persons with oversight responsibility should be independent, given full access to the technology and database, and empowered to receive complaints about misuse and draw conclusions that can lead to legally enforceable consequences. To catch what human oversight misses, your community should ensure that technical measures including access controls and audit logs are in place. Placing the oversight authority with a third party such as the City Council or a citizen panel may also increase the likelihood that the misuses are accurately identified.
85 What legally enforceable sanctions exist to deter misuse and abuse of this technology? By establishing consequences for violations of the guidelines, your community encourages proper use of the technology and sends a message that community values apply to everyone. Depending on the circumstances, sanctions ranging from retraining to fines, suspensions, or termination may be appropriate for violations of your Surveillance Use Policy. In addition, your community should provide an appropriate remedy for anyone harmed by an abuse. Legally enforceable sanctions discourage misuse and guarantee that aggrieved community members will be made whole. “As stewards of the public’s
interests, we know the government
doesn’t get to simply say ‘trust us’
and carry on: we have to earn that
trust on a daily basis. We have to be
accountable and transparent….”
Former Oakland Mayor Jean Quan84
CASE STUDY: FRESNO ADOPTS ANNUAL AUDIT OF VIDEO SURVEILLANCE When the Fresno Police Department proposed a citywide video‐pol icing program using live‐feed cameras, the city council required an annual independent audit to ensure that all of the privacy and security guidelines for the system’s use were being followe d. Fresno Police Chief Jerry Dyer said he supported the audit: “I have no doubt the audit will be very helpful to our ongoing video policing operations.” The city appointed a retired federal district court judge as auditor, who then examined current use of the system and made specific policy recommendations.85 23 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
2. KEEP THE DIALOG OPEN: ENCOURAGE PUBLIC OVERSIGHT AND ONGOING DISCUSSION Community oversight and feedback plays two essential roles in ensuring that any current surveillance program actually benefits your community. First, transparency about abuses of surveillance allows the community to determine whether the Surveillance Use Policy or any associated sanctions need to be revised to address the issue. Second, as your community learns first-hand whether surveillance is effective and how it impacts different individuals and groups, you may wish to reassess the purposes for which surveillance should be used or even whether it should still be used at all. Surveillance should be under the control of the community at all times, not just when it is initially being considered.
How will the community continue to be informed about the surveillance program? It is important that your community’s oversight mechanisms not only are in place before surveillance is used but also remain available as long as the surveillance program continues or any collected data remains. This allows the community to continue to learn about and provide feedback on the effectiveness and impact of surveillance, and provides the information you will need to evaluate any changes going forward.
One of the most effective ways to keep your community informed is to produce an annual report about each surveillance technology that has been used in the past year. This report should include:
o A description of how and how often the technology was used; o Information, including crime statistics, that indicate whether the technology was effective at accomplishing its stated purpose;
o A summary of community complaints or concerns about the technology; o Information about any violations of the Surveillance Use Policy, data breaches, or similar incidents, including the actions taken in response, or results of any internal audits; o Whether and how data acquired through the use of the technology was shared with any outside entities;
o Statistics and information about Public Records Act requests, including responses; and o The total annual costs for the technology, including personnel and other ongoing costs, and any external funding available to fund any or all of those costs in the coming year.
In addition, there may be other ways to provide your community with information about the operation and effectiveness of the surveillance program. Responding to Public Records Act requests with as much information as possible, taking into account factors such as the privacy rights of individuals whose information may be included in the requested data, is one way to allow interested community members access to concrete information about the program. Creating standing committees of community members, regularly holding public events and forums, and establishing open inspection periods for the technology can also help keep the community informed.
How will local officials and the public re‐evaluate the decision to engage in surveillance or the existing policies and safeguards?
The community’s decision to approve surveillance should be reconsidered on an annual basis. If there is evidence that calls into question the conclusion that the benefits of surveillance outweigh costs and concerns, or that there are better ways to achieve the same purpose with fewer costs or risks, policymakers should seek community input and take whatever action is appropriate to address these concerns. That may involve narrowing the purpose or scope of surveillance, requiring modifications to the Surveillance Use Policy, or exploring alternatives that better address community needs. 24 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Conclusion
Communities increasingly understand the need to make smart choices about surveillance technology and ensure that time, energy, and resources are not spent on systems that cost more, do less, and threaten the rights of community members. Community members demand — and deserve — a voice in any decisions about surveillance technology. Proper transparency, accountability, and oversight must be the rule in considering any surveillance technology proposal. We hope the recommendations in this guide help you work to enact local and state policies to ensure consistent public process each time surveillance technology is considered.
25 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
Appendix: Model Surveillance & Community Safety Ordinance A. KEY PRINCIPLES OF THE MODEL ORDINANCE
o Informed Public Debate at Earliest Stage of Process: Public notice, distribution of information about the proposal, and public debate prior to seeking funding or otherwise moving forward with surveillance technology proposals.
o Determination that Benefits Outweigh Costs and Concerns: Local leaders, after facilitating an informed public debate, expressly consider costs (fiscal and civil liberties) and determine that surveillance technology is appropriate or not before moving forward. o Thorough Surveillance Use Policy: Legally enforceable Surveillance Use Policy with robust civil liberties, civil rights, and security safeguards approved by policymakers. o Ongoing Oversight & Accountability: Proper oversight of surveillance technology use and accountability through annual reporting, review by policymakers, and enforcement mechanisms.
B. MODEL ORDINANCE TEXT
The [Council/Board of Supervisors] finds that any decision to use surveillance technology must be judiciously balanced with the need to protect civil rights and civil liberties, including privacy and free expression, and the costs to [City/County]. The [Council/Board] finds that proper transparency, oversight, and accountability are fundamental to minimizing the risks posed by surveillance technologies. The [Council/Board] finds it essential to have an informed public debate as early as possible about whether to adopt surveillance technology. The [Council/Board] finds it necessary that legally enforceable safeguards be in place to protect civil liberties and civil rights before any surveillance technology is deployed. The [Council/Board] finds that if surveillance technology is approved, there must be continued oversight and annual evaluation to ensure that safeguards are being followed and that the surveillance technology’s benefits outweigh its costs.
NOW, THEREFORE, BE IT RESOLVED that the [Council/Board] of [City/County] adopts the following:
Section 1. Title
This ordinance shall be known as the Surveillance & Community Safety Ordinance.
Section 2. [Council/Board] Approval Requirement
1) A [City/County] entity must obtain [Council/Board] approval at a properly-noticed public hearing prior to any of the following:
a) Seeking funds for surveillance technology, including but not limited to applying for a grant or soliciting or accepting state or federal funds or in-kind or other donations; b) Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; c) Using new surveillance technology, or using existing surveillance technology for a purpose, in a manner or in a location not previously approved by the [Council/Board]; or d) Entering into an agreement with a non-[City/County] entity to acquire, share or otherwise use surveillance technology or the information it provides. 2) A [City/County] entity must obtain [Council/Board] approval of a Surveillance Use Policy prior to engaging in any of the activities described in subsection (1)(b)-(d).
26 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Section 3. Information Required
1) The [City/County] entity seeking approval under Section 2 shall submit to the [Council/Board] a Surveillance Impact Report and a proposed Surveillance Use Policy at least forty-five (45) days prior to the public hearing.
2) The [Council/Board] shall publicly release in print and online the Surveillance Impact Report and proposed Surveillance Use Policy at least thirty (30) days prior to the public hearing.
Section 4. Determination by [Council/Board] that Benefits Outweigh Costs and Concerns The [Council/Board] shall only approve any action described in Section 2, subsection (1) of this ordinance after making a determination that the benefits to the community of the surveillance technology outweigh the costs and that the proposal will safeguard civil liberties and civil rights.
Section 5. Compliance for Existing Surveillance Technology Each [City/County] entity possessing or using surveillance technology prior to the effective date of this ordinance shall submit a proposed Surveillance Use Policy no later than ninety (90) days following the effective date of this ordinance for review and approval by [Council/Board]. If such review and approval has not occurred within sixty (60) days of the submission date, the [City/County] entity shall cease its use of the surveillance technology until such review and approval occurs.
Section 6. Oversight Following [Council/Board] Approval 1) A [City/County] entity which obtained approval for the use of surveillance technology must submit a Surveillance Report for each such surveillance technology to the [Council/Board] within twelve (12) months of [Council/Board] approval and annually thereafter on or before November 1. 2) Based upon information provided in the Surveillance Report, the [Council/Board] shall determine whether the benefits to the community of the surveillance technology outweigh the costs and whether civil liberties and civil rights are safeguarded. If the benefits do not outweigh the costs or civil rights and civil liberties are not safeguarded, the [Council/Board] shall direct that use of the surveillance technology cease and/or require modifications to the Surveillance Use Policy that will resolve the above concerns.
3) No later than January 15 of each year, the [Council/Board] shall hold a public meeting and publicly release in print and online a report that includes, for the prior year:
a. A summary of all requests for [Council/Board] approval pursuant to Section 2 or Section 5, including whether the [Council/Board] approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval; and b. All Surveillance Reports submitted.
Section 7. Definitions
The following definitions apply to this Ordinance:
1) “Surveillance Report” means a written report concerning a specific surveillance technology that includes all of the following:
a. A description of how the surveillance technology was used; b. Whether and how often data acquired through the use of the surveillance technology was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s);
c. A summary of community complaints or concerns about the surveillance technology; 27 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
d. The results of any internal audits, any information about violations of the Surveillance Use Policy, and any actions taken in response;
e. Information, including crime statistics, that help the community assess whether the surveillance technology has been effective at achieving its identified purposes; f. Statistics and information about public records act requests, including response rates; and g. Total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year. 2) “[City/County] entity” means any department, bureau, division, or unit of the [City/County]. 3) “Surveillance technology” means any electronic device, system utilizing an electronic device, or similar used, designed, or primarily intended to collect, retain, process, or share audio, electronic, visual, location, thermal, olfactory or similar information specifically associated with, or capable of being associated with, any individual or group.
4) “Surveillance Impact Report” means a publicly released written report including at a minimum the following: (a) Information describing the surveillance technology and how it works, including product descriptions from manufacturers; (b) information on the proposed purposes(s) for the surveillance technology; (c) the location(s) it may be deployed and crime statistics for any location(s); (d) an assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; and (e) the fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding.
5) "Surveillance Use Policy" means a publicly released and legally enforceable policy for use of the surveillance technology that at a minimum specifies the following:
a. Purpose: The specific purpose(s) that the surveillance technology is intended to advance. b. Authorized Use: The uses that are authorized, the rules and processes required prior to such use, and the uses that are prohibited.
c. Data Collection: The information that can be collected by the surveillance technology. d. Data Access: The individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information. e. Data Protection: The safeguards that protect information from unauthorized access, including encryption and access control mechanisms.
f. Data Retention: The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period.
g. Public Access: How collected information can be accessed or used by members of the public, including criminal defendants.
h. Third Party Data Sharing: If and how other [City/County] or non-[City/County] entities can access or use the information, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information. i. Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology, including any training materials.
j. Auditing and Oversight: The mechanisms to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the technology or access to information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy. 28 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Section 8. Enforcement
1) Any violation of this Ordinance constitutes an injury, and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance.
2) A court shall award costs and reasonable attorneys' fees to the plaintiff who is the prevailing party in an action brought to enforce this Ordinance.
3) In addition, for a willful, intentional, or reckless violation of this Ordinance, an individual shall be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $1,000 per violation, imprisonment in the county jail for not more than six months, or both such a fine and imprisonment.
Section 9. Severability
The provisions in this Ordinance are severable. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue to have force and effect.
Section 10. Effective Date
This Ordinance shall take effect on [DATE].
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1 For example, the San Francisco Police Department’s Mission Statement states that “policing strategies must preserve and advance democratic values” and that “police must respect and protect the rights of all citizens as guaranteed by the state’s Constitution.” Police Department, Mission Statement, http://sf-police.org/index.aspx?page=1616. 2 B.T. Lewis & Taymeh Jahsi, Stop using social media to monitor south Fresno’s protesters, The Fresno Bee, Feb. 10, 2016, available at http://www.fresnobee.com/opinion/readers-opinion/article59388976.html. 3 Matt Cagle. This Surveillance Software is Probably Spying on #BlackLivesMatter, ACLU of Northern California (Dec. 15, 2015), https://www.aclunc.org/blog/surveillance-software-probably-spying-blacklivesmatter. 4 See Press Release, Leadership Conference, Civil Rights Principles for the Era of Big Data, http://www.civilrights.org/press/2014/civil-rights-principles-big-data.html. 5 Terrence O’Brien, Caught Spying on Student, FBI Demands GPS Tracker Back, Wired.com, Oct. 7, 2010, http://www.wired.com/2010/10/fbi-tracking-device/.
6 Michael Isikoff, FBI Tracks Suspects’ Cell Phones Without a Warrant, Newsweek, Feb, 18, 2010 (updated Mar. 13, 2010), available at http://www.newsweek.com/fbi-tracks-suspects-cell-phones-without-warrant-75099. 7 David Kravets, Rights Groups Decry New NSA Leak: Snooping on Muslim-Americans’ E-mail, Ars Technica (July 9, 2014), http://arstechnica.com/tech-policy/2014/07/rights-groups-decry-new-nsa-leak-snooping-on-muslim-americans-e- mail/.
8 Matt Apuzzo and Al Baker, New York to Appoint Civilian to Monitor Police’s Counterterrorism Activity, N.Y. Times, Jan. 7, 2016, available at http://www.nytimes.com/2016/01/08/nyregion/new-york-to-appoint-monitor-to-review-polices- counterterrorism-activity.html; Case page, Raza v. City of New York – Legal Challenge to NYPD Muslim Surveillance Program, Jan. 7, 2016, https://www.aclu.org/cases/raza-v-city-new-york-legal-challenge-nypd-muslim-surveillance- program.
9 See Tanvir v. Holder, Case No. 13-CV-6951 (S.D. N.Y. Apr. 22, 2014) (First Amended Complaint), available at http://apps.washingtonpost.com/g/documents/world/lawsuit-accusing-us-of-putting-people-on-no-fly-list-after-they- say-they-wont-spy/941/.
10 George Joseph, Exclusive: Feds Regularly Monitored Black Lives Matter Since Ferguson, The Intercept, July 24, 2015, https://theintercept.com/2015/07/24/documents-show-department-homeland-security-monitoring-black-lives-matter- since-ferguson/.
11 Matt Cagle. This Surveillance Software is Probably Spying on #BlackLivesMatter, ACLU of Northern California (Dec. 15, 2015), https://www.aclunc.org/blog/surveillance-software-probably-spying-blacklivesmatter; see also Shaun King, Fresno police join group of officials monitoring #BlackLivesMatter hashtag, labeling a peaceful movement a threat, N.Y. Daily News, Dec. 17, 2015, available at http://www.nydailynews.com/news/national/king-monitoring-blacklivesmatter-labels-movement- threat-article-1.2468808.
12 David Rogers, Black Lives Matter Supporters in Oregon Targeted by State Surveillance, ACLU Speak Freely blog, Nov. 11, 2015, https://www.aclu.org/blog/speak-freely/black-lives-matter-supporters-oregon-targeted-state-surveillance; Courtney Sherwood, Oregon attorney general ‘appalled’ by probe of Black Lives Matter, Reuters, Nov. 11, 2015, http://www.reuters.com/article/us-oregon-race-idUSKCN0T104N20151112. 13 Jeremy Gillula and Dave Maass, What You Can Learn from Oakland’s Raw ALPR Data, Electronic Frontier Foundation, Jan. 21, 2015, https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data. 14 Angel Jennings, Richard Winston & James Rainey, Sherriff’s Secret Air Surveillance of Compton Sparks Outrage, L.A. Times, Apr. 23, 2014, available at http://www.latimes.com/local/lanow/la-me-ln-sheriffs-surveillance-compton-outrage- 20140423-story.html.
15 Andrea Peterson, LOVEINT: When NSA Officers Use Their Spying Power on Love Interests, Wash. Post, Aug. 24, 2013, available at http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/24/loveint-when-nsa-officers-use-their- spying-power-on-love-interests/.
16 See Julia Angwin & Jennifer Valentino-DeVries, New Tracking Frontier: Your License Plates, Wall St. J., Sep. 29, 2012, available at http://online.wsj.com/news/articles/SB10000872396390443995604578004723603576296. 17 Jenna McLaughlin, The FBI v. Apple Debate Just Got Less White, The Intercept, Mar. 8, 2016, https://theintercept.com/2016/03/08/the-fbi-vs-apple-debate-just-got-less-white/. 18 Rania Khalek, Activists of Color Lead Charge Against Surveillance, NSA, Truthout, Oct. 30, 2013, http://www.truth- out.org/news/item/19695-activists-of-color-at-forefront-of-anti-nsa-movement. 19 Riley v. California, 134 S. Ct. 2473, 2489 (2014).
20 United States v. Jones, 132 S.Ct. 945, 955, 56 (2012).
Endnotes
30 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES
21 Adam Goldman & Matt Apuzzo, NYPD Defends Tactics over Mosque Spying; Records Reveal New Details on Muslim Surveillance, Huffington Post (Feb 25, 2012), http://www.huffingtonpost.com/2012/02/24/nypd-defends-tactics- over_n_1298997.html; Adam Goldman & Matt Apuzzo, New York Drops Unit That Spied on Muslims, N.Y. Times, April 15, 2014, available at http://www.nytimes.com/2014/04/16/nyregion/police-unit-that-spied-on-muslims-is- disbanded.html.
22 Hina Shamsi and Ramzi Kassem, The NYPD spied on Muslim Americans. Will a court settlement change anything?, The Guardian, Jan. 8, 2016, http://www.theguardian.com/commentisfree/2016/jan/08/nypd-spied-muslim-americans-will- court-settlement-bring-change.
23 Angel Jennings, Richard Winston & James Rainey, Sherriff’s Secret Air Surveillance of Compton Sparks Outrage, L.A. Times, Apr. 23, 2014, available at http://www.latimes.com/local/lanow/la-me-ln-sheriffs-surveillance-compton-outrage- 20140423-story.html.
24 Police Executive Research Forum, How Are Innovations in Technology Transforming Policing? 26 (Jan. 2012) [hereinafter PERF Report], available at http://www.policeforum.org/assets/docs/Critical_Issues_Series/ how%20are%20innovations%20in%20technology%20transforming%20policing%202012.pdf. 25 Press Release, Office of the Controller, Butkovitz Alarmed by Police Camera Program, June 20, 2012, http://www.philadelphiacontroller.org/page.asp?id=792.
26 See Fazaga v. FBI, 844 F.Supp.2d 1022 (C.D. Cal. 2012). 27 Adam Goldman, NYPD settles lawsuits over Muslim monitoring, Wash. Post, Jan. 7, 2016, available at https://www.washingtonpost.com/world/national-security/nypd-settles-lawsuits-over-muslim- monitoring/2016/01/07/bdc8eb98-b3dc-11e5-9388-466021d971de_story.html. 28 See Tim Cushing, Another Bogus Hit from a License Plate Reader Results in Another Citizen Surrounded by Cops with Guns Out, TechDirt (May 23, 2014), https://www.techdirt.com/articles/20140513/07404127218/another-bogus-hit-license-plate- reader-results-another-citizen-surrounded-cops-with-guns-out.shtml. 29 Symposium, The Value of Privacy, U. Cal.-Hastings School of L. Const. L. Q., Apr. 7, 2014 (oral remarks), available at http://livestre.am/4P7Lk.
30 Cal. Civil Code § 1798.29 (2014).
31 Larry Ponemon, Cost of Data Breaches Rising Globally, Says ‘2015 Cost of a Data Breach Study: Global Analysis,’ May 27, 2015, https://securityintelligence.com/cost-of-a-data-breach-2015/. 32 Will Kane, Oakland to Limit Surveillance Center to Port, Airport, S.F. Gate, Mar. 6, 2014, available at http://www.sfgate.com/bayarea/article/Oakland-to-limit-surveillance-center-to-port-5290273.php. 33 Cyrus Farivar, In rare move, Silicon Valley county gov’t kills stingray acquisition, Ars Technica, May 7, 2015, http://arstechnica.com/tech-policy/2015/05/in-rare-move-silicon-valley-county-govt-kills-stingray-acquisition/. 34 Press Release, San Jose Police Provide Statement Regarding Purchase of Unmanned Aerial System (UAS), San Jose Police Dept., Aug. 5, 2014, available at http://www.sjpd.org/iNews/viewPressRelease.asp?ID=1874. 35 Robert Salonga, San Jose: Police apologize for drone secrecy, promise transparency, San Jose Mercury News, Aug. 5, 2014, available at http://www.mercurynews.com/crime-courts/ci_26279254/san-jose-police-apologize-secret-drone-purchase- promise.
36 Riley v. California, 573 U.S. (2014), Slip Op. at *28. 37 U.S. v. Jones, 132 S. Ct. 945, 954 (2012) (Sotomayor, J., concurring); id. at 957 (Alito, Ginsberg, Breyer, and Kagan, J., concurring in the judgment).
38 Charlie Savage and Jonathan Wiseman, N.S.A. Collection of Bulk Call Data Is Ruled Illegal, N.Y. Times, May 7, 2015, available at http://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html; Klayman v. Obama, Civ. No. 13-0851 (D.D.C. Dec. 16, 2013). 39 Ballot Pamplet., Proposed Amendments to Cal. Const. with Arguments to Voters, Gen. Elec. (Nov. 7, 1972). 40 White v. Davis, 533 P.2d (Cal. 1975).
41 People v. Cook 41 Cal. 3d 373 (1985).
42 Robins v. Pruneyard Shopping Center, 592 P.2d 899 (Cal. 1979) (holding that, under the California Constitution, members of the public have a legal right to pass out pamphlets and seek signatures in a privately owned shopping center), aff’d, .447 U.S. 74 (1980).
43 Cal. Penal Code §§ 1546-1546.4. See generally Tracy Seipel and Eric Kurhi, California digital privacy laws boosted, protecting consumers from Big Brother, big business, San Jose Mercury News, Oct. 9, 2015, available at http://www.mercurynews.com/health/ci_28948653/california-digital-privacy-laws-boosted-protecting-consumers- from.
44 Cal. Gov’t Code § 53166.
45 Cal. Civil Code §§ 1798.29, 1798.82, and 1798.90.5.
31 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE
46 Jennifer Steinhauer and Jonathan Weisman, U.S. Surveillance in Place Since 9/11 Is Sharply Limited, N.Y. Times, Jun. 2, 2015, available at http://www.nytimes.com/2015/06/03/us/politics/senate-surveillance-bill-passes-hurdle-but- showdown-looms.html?_r=0; see also U.S.A. Freedom Act, H.R. 2048, 114th Cong. (2016). 47 Allie Bohm, Status of Location Privacy Legislation in the States, ACLU Free Future (April 8, 2014), https://www.aclu.org/blog/technology-and-liberty-national-security/status-location-privacy-legislation-states (as of May 6, 2014).
48 Allie Bohm, Status of 2014 Domestic Drone Legislation in the States, ACLU Free Future (April 22, 2014), https://www.aclu.org/blog/technology-and-liberty/status-2014-domestic-drone-legislation-states (as of May 6, 2014). 49Smart About Surveillance, ACLU of California, http://www.aclunc.org/smartaboutsurveillance. 50 Id.
51 Interview with Brian Hofer, Transparency over secrecy: Oakland’s surveillance policy, KALW Local Public Radio, available at http://kalw.org/post/transparency-over-secrecy-oakland-s-surveillance-policy#stream/0. 52 See Bonnie Eslinger, Menlo Park Council Approves Ordinance Regulating Police Use of Surveillance, San Jose Mercury News, May 14, 2014, available at http://www.mercurynews.com/breaking-news/ci_25766277/menlo-park-council-approves- ordinance-regulating-police-use; Seattle City Council Enacts Groundbreaking Legislation Protecting Residents’ Civil Liberties, Local Progress (May 1, 2013), http://localprogress.org/seattle-city-council-enacts-groundbreaking-legislation-protecting- residents-civil-liberties/.
53 U.S. Dep’t of Homeland Security, CCTV: Developing Best Practices (2007), available at http://www.dhs.gov/xlibrary/assets/privacy/privacy_rpt_cctv_2007.pdf. 54 State of Surveillance in California – Findings and Recommendations, ACLU of California, Jan. 2015, available at https://www.aclunc.org/sites/default/files/201501-aclu_ca_surveillancetech_summary_and_recommendations.pdf. 55 Redlands Police Department, Citizen Privacy Council, http://www.cityofredlands.org/police/CPC. 56 Halima Kazen, Watching the Watchers: Oakland Seeks Control of Law Enforcement Surveillance, The Guardian, July 13, 2015, available at http://www.theguardian.com/us-news/2015/jul/13/oakland-law-enforcement-surveillance. 57 Memorandum, Establishing Ad Hoc Committee to Review the Community Warning System and Industrial Safety Ordinance (Sept. 18, 2012), http://64.166.146.155/agenda_publish.cfm?mt=ALL&get_month=9&get_year=2012&dsp=agm& seq=12339&rev=0&ag=241&ln=23604&nseq=0&nrev=0&pseq=12303&prev=0. 58 Keynote address of Malkia Cyril, Targeted Surveillance, Civil Rights, and the Fight for Democracy, Center for Media Justice, Oct. 13, 2015, available at http://centerformediajustice.org/2015/10/13/targeted-surveillance-civil-rights-and-the-fight- for-democracy/.
59 See Memorandum, City Administrator’s Weekly Report (Apr. 25, 2014), http://www2.oaklandnet.com/oakca1/groups/cityadministrator/documents/report/oak046804.pdf. 60 http://www2.oaklandnet.com/Government/o/CityAdministration/d/PrivacyAdvisoryCommission/index.htm 61 Matt Richtel, A Police Gadget Tracks Phones? Shhh! It’s Secret, N.Y. Times, Mar. 15, 2015, available at http://www.nytimes.com/2015/03/16/business/a-police-gadget-tracks-phones-shhh-its-secret.html?_r=0; Cyrus Farivar, In rare move, Silicon Valley county gov’t kills stingray acquisition, Ars Technica, May 7, 2015, http://arstechnica.com/tech-policy/2015/05/in-rare-move-silicon-valley-county-govt-kills-stingray-acquisition/. 62 Ali Winston, Oakland City Council Rolls Back the Domain Awareness Center, East Bay Express (Mar. 5, 2014), http://www.eastbayexpress.com/SevenDays/archives/2014/03/05/oakland-city-council-rolls-back-the-dac. 63 Cyrus Farivar, In rare move, Silicon Valley county gov’t kills stingray acquisition, Ars Technica, May 7, 2015, http://arstechnica.com/tech-policy/2015/05/in-rare-move-silicon-valley-county-govt-kills-stingray-acquisition/. 64 John Malkin, Surveillance City? GoodTimes, Jan 29, 2014, http://www.gtweekly.com/index.php/santacruznews/goodtimescoverstories/5386surveillancecity.html. 65 Robert Salonga, San Jose: Police Apologize for Drone Secrecy, Promise Transparency, San Jose Mercury News, Aug 5, 2014, available at http://www.mercurynews.com/crime-courts/ci_26279254/san-jose-police-apologize-secret-drone-purchase- promise.
66 See Oakland City Auditor, Police Technology Performance Audit: FY 2006–07 through 2010–11 (2012), available at http://www.oaklandauditor.com/images/oakland/auditreports/0pd%20tech.pdf. 67 See Citris, Cistris Study on SF Public Cameras Released (Jan. 9, 2009), http://citris-uc.org/citris-study-on-sf-public- cameras-released/.
68 See David P. Farrington & Brandon C. Welsh, Effects of Improved Street Lighting on Crime: A Systematic Review, Home Office Research Study 251 (Aug. 2002), p. 42; Ronald V. Clarke, U.S. Department of Justice, Office of Community Oriented Policing Services, Improving Street Lighting to Reduce Crime in Residential Areas (Dec. 2008), available at http://cops.usdoj.gov/Publications/e1208-StreetLighting.pdf; Jay Beeber, Collision Analysis of the Photo Enforced Intersection in Walnut, CA, http://www.thenewspaper.com/rlc/docs/2014/ca-walnut.pdf. 69 See Steve Scauzillo, Red Light Cameras Being Stopped, L.A. Daily News (Jan. 21, 2014), http://www.dailynews.com/general-news/20140121/red-light-cameras-being-stopped.
32 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES
70 PERF Report, supra note 24, at 44.
71 United States v. Jones, 132 S. Ct. 945 (2012); Joann Pan, FBI Turns Off 3000 GPS Devices After Ruling, Mashable (Feb. 27, 2012), http://mashable.com/2012/02/27/fbi-turns-off-3000-gps-devices/. 72 Kashmir Hill, Whoops, Anyone Could Watch California City’s Police Surveillance Cameras, Forbes.com (Aug. 21, 2014), http://www.forbes.com/sites/kashmirhill/2014/08/11/surveillance-cameras-for-all/. 73 Seattle City Council Enacts Groundbreaking Legislation Protecting Residents’ Civil Liberties, Local Progress (May 1, 2013), http://localprogress.org/seattle-city-council-enacts-groundbreaking-legislation-protecting-residents-civil-liberties/; Jamela Debelak, ACLU of Washington, Surveillance: Spokane Acts to Protect Privacy and Provide Transparency (Aug. 21, 2013), https://aclu-wa.org/blog/surveillance-spokane-acts-protect-privacy-and-provide-transparency. 74 Matt Cagle, Alameda County Just Got a Privacy Upgrade – Alameda County, It’s Your Move, ACLU of Northern California blog, Nov. 17, 2015, https://www.aclunc.org/blog/california-just-got-privacy-upgrade-alameda-county-its-your-move. 75 State of Surveillance in California – Findings and Recommendations, ACLU of California, Jan. 2015, available at https://www.aclunc.org/sites/default/files/201501-aclu_ca_surveillancetech_summary_and_recommendations.pdf. 76 Seattle City Council, Public Safety, Civil Rights and Technology Committee May 2, 2012, Seattle Channel, at 38:55, http://www.seattlechannel.org/mayor-and-council/city-council/20122013-public-safety-civil-rights-and-technology- committee/?videoid=x23397.
77 Terry McFadden, Technology Helping Police to Receive Warrants Faster, WNDU.com (July 8, 2013), http://www.wndu.com/ news/specialreports/headlines/Technology-helping-police-to-receive-search-warrants-faster--214651051.html. 78 18 U.S.C. § 2518(5) (2014).
79 Ohio State Highway Patrol Policy No. OSP-103.29 (revised Dec. 23, 2008). 80 Julia Reynolds, Monterey County Grand Jury Finds Computer Data Risks, Monterey Herald, Aug. 21, 2014, available at http://www.montereyherald.com/news/ci_26009592/monterey-county-grand-jury-finds-computer-data-risks. 81 Dianne Feinstein, NSA Officers Spy on Love Interests, Wall St. J., Aug. 23, 2013, available at http://blogs.wsj.com/washwire/2013/08/23/nsa-officers-sometimes-spy-on-love-interests/; Anjali Hemphill, Dating on Duty: Officers Accused of Screening Dates Using Police System, CBS 13 Sacramento (Aug. 22, 2014), http://sacramento.cbslocal.com/2014/08/22/dating-on-duty-officers-accused-of-screening-dates-using-police-system/. 82 See Bonnie Eslinger, Menlo Park Council Approves Ordinance Regulating Police Use of Surveillance, San Jose Mercury News, May 14, 2014, available at http://www.mercurynews.com/breaking-news/ci_25766277/menlo-park-council-approves- ordinance-regulating-police-use.
83 PERF Report, supra note 24, at 36.
84 Dan Brekke, Oakland Approves Scaled-Back Version of Disputed Surveillance Center, KQED.com, Mar. 5, 2014, http://ww2.kqed.org/news/2014/03/04/oakland-mayor-jean-quan-suggests-scaling-back-domain-awareness-center. 85 George Hostetter, Former Judge Wanger Writes Far-Ranging Audit on Fresno Video Policing, Fresno Bee, Jan. 7, 2014, available at http://www.fresnobee.com/2014/01/07/3701754/judge-wanger-delivers-impressive.html.
Back Cover Citations
Editorial, ACLU offers a smart safeguard for using surveillance technology, The Los Angeles Times, Nov. 23, 2014, available at http://www. latimes.com/opinion/editorials/la-ed-surveillance-and-privacy-20141123-story.html.
Editorial, Bay Area governments must protect citizen privacy, San Francisco Chronicle, Feb. 25, 2015, available at http://www.sfchronicle. com/opinion/editorials/article/Bay-Area-governments-must-protect-citizen-privacy- 6101993.php.
Steven Greenhut, Surveillance is sneaking its way into cities, The San Diego Union-Tribune, Nov. 17, 2014, available at http://www.sandiegouniontribune.com/news/2014/nov/17/surveillance-sneaking-cities-model-ordinance-aclu/.
Editorial, ACLU push for surveillance policy is timely, San Jose Mercury News, Nov. 13, 2014, available at http://www.mercurynews.com/ opinion/ci_26932183/mercury-news-editorial-aclu-push-surveillance-policy-is.
Police are spending billions of
dollars on very sophisticated
and invasive surveillance
technology. Too many of these
programs are moving forward
without public conversation,
careful consideration of the
costs and benefits, or adequate
policies in place to prevent
misuse and protect rights.
This guide provides a step-
by-step framework to
ask and answer the right
questions about surveillance
proposals and build in proper
mechanisms for transparency,
accountability, and oversight.
The guide also includes dozens
of case studies highlighting
smart approaches and missteps
to avoid and model language
for policymakers to adopt to
make sure the right process is
used every time a surveillance
proposal is considered.
“ The ACLU’s approach to vetting new technologies is so pragmatic that cities, counties and law enforcement
agencies throughout California would be foolish
not to embrace it. ”
–Editorial, Los Angeles Times
“ We urge more city and county governments to…[study]
an ordinance that would set specific rules about what
can be done with citizens’ private information. ”
–Editorial, San Francisco Chronicle
“ It’s easy to see the value in [ACLU’s] approach—in all areas of government... “
– Steven Greenhut, San Diego Union-Tribune
“ Elected leaders, not police departments, should set
policy for the use of surveillance equipment. This is the ACLU recommendation. It’s also common sense. “
–Editorial, San Jose Mercury News
ATTACHMENT H
ContractQuestions
Canweaddthecity’slicenseplatereaderpolicytotheagreement?○ Wecancertainlyexplorethiswithourlegalteam,Flockhoweverhasnoaccesstoyourdataortheabilitytoenforceyouradministrativepolicy.
AWS/DataStorageQuestions
Howdowehandledataprivacyand/ or abreachof thedata?a. Datasecurityi. UniqueinstanceofAmazonWebServicesGovernmentCloud1. Onlyauthorizeduserscanhavethis2. AES-256encryptionii. CamerasdonothavepublicfacingIPaddresses1. Notpossiblytoremotelyhackb. Whatdataiscollected?i. Licenseplatesandvehicledetails.ii. Nopersonallyidentifiableinformation(PII)-itwouldbealistoflicenseplatesandpicturesofcars.ButnotconnecttotheDMVorownersofthevehicles.c. Whathappensifthereisabreach?i. Wewillfollowallstateguidelinesonnotification.Somestateshavespecificwayswemustnotify(i.eviaemailtoallcustomers,onapublicposting,oronourwebsite,etc.)ii. Note-theobligationtonotifymightdependonwherethebreachcamefrom.IfthebreachoccurredonourAmazonwebhostingservice,thenAmazonmayhavetonotifyusers.iii. Also,Flock’shasanE&OpolicywithaninsurancecompanythatspecializesinCyberLiability.Theaggregatelimitis5,000,000andtheperoccurrencelimitis3,000,000,anditdoesinclude3rdpartycoverage.Therearecoveragesimbeddedinthepolicyinmultipleplacesthatareuniquetoourinsurer.
HowisthedatastoredinAWSbuttheydon'thaveaccessorcanseethedata?PleaseseetheAWS-CJISdocumentattached.
CanAWSorFlocksellthedatatothirdpartyvendors?No.ThedataisownedbytheCityofPalmSpringsandcanonlybesharedbyyourpolicedepartmentwithinthesystemtootherpolicedepartmentsforlegallawenforcementpurposes.Everysearchbyeveryuseristrackedandauditablebyyourpolicedepartment.
WillFlocksharePSPD'sdatawithFederalorOutofStateAgencies?Ifno,howcanweguaranteethat?Whatprotectionsandauditsareinplace? Flockdoesnothaveaccesstoyourdatanorcanitshareit.YourcontractwithFlockoutlinesthatcommitmentfromus.
ExplainhowtheAItechworkswithinFlock.
FlocksFalconcamerasaremotiondetectionactivated.Theyarefocusedontheroadandcapturethebackofvehiclesandtheirlicenseplates.Ourmachinelearningtechnologyverifiesthelicenseplateandprovidesalertsonvehiclesthatmatchthoseonawantedlist(InCaliforniathatwillbetheCaliforniaStolenVehicleSystem).Themachinealsocategorizestheuniquevehiclefeaturesforfuturesearch.ExampleColor,Model.Thereisnofilterforpeople,noristherefacialrecognitionwithinoursystem.
InsightCo-Op
FlockSafetyhasseveraluniquefeatures,includingoursolesourcewiththeAxonevidence.comsystem,ouruniquevehiclefingerprinttechnologyaswellasproprietarynetwork.
SystemScreenShots
Search-LookupTool
ImmigrationWarning-StateofCalifornia
ATTACHMENT I
+ Palm Springs, CA
Eliminate crime and shape a
safer future, together.
Why Flock Safety?
What we observe:
the current reality
● Limited Police Resources
● Crime is on the rise
● Trust is needed more
than ever
What we believe:
the opportunity
● Technology multiplies the
force
● Capture and distribute
objective evidence to the
right user
● Engage community to
support and grow
How does the technology
work?
When you get Flock you get:
Flock Safety provides your police department with
indiscriminate evidence from fixed locations. We
provide all of the maintenance so that your police
department and city staff can focus on keeping your
city safe and prosperous.
INFRASTRUCTURE-FREE
Reduce time to value and
utility costs with full-service
deployment.
24/7 COVERAGE
Capture objective vehicle
data around the clock to
multiply your force.
REAL-TIME ALERTS
• NCIC
• NCMEC (Amber Alert)
• Custom Hot Lists
Ethically Made
• No people
• No facial recognition
• No traffic enforcement
• Indiscriminate evidence
What this IS What this is NOT
● License plate recognition
● Gathers objective evidence
and facts about vehicles, not
people
● Alerts police of wanted
vehicles
● Used to solve crime
● Adheres to all state laws
● Not facial recognition
● Not tied to Personal
Identifiable Information
● Not used for traffic
enforcement
● Data not stored beyond 30
days → automatically
deletes every 30 days
Proactive: Real time Alerts when stolen or
wanted vehicles enter your city
Investigative: As clearance Rates
increase, crime rates decrease
Flock cameras serve as a deterrent
How does this
technology prevent
and eliminate
crime?
Ն Replace image]
Mitigating Risk
Protecting Privacy
● Footage owned by Agency/City and
will never by sold or shared by Flock
● 30 day data retention, then deleted
● Short retention period ensures that
all data not associated with a crime
is automatically deleted &
unrecoverable
● Takes human bias out of
crime-solving by detecting
objective data, and detecting
events that are objectively illegal
(ex. Stolen vehicles)
● All data is stored securely in the AWS
Cloud, and end to end encryption of all
data
● Search reason is required for audit trail
● NOT facial recognition software
● NOT predictive policing
● NO PII is contained in Flock
● NOT used for traffic enforcement
● Not connected to registration data or 3rd
party databases (Carfax, DMV)
● Transparency Portal (optional)
Transparency + Insights
Measure ROI and promote the ethical use
of public safety technology
Transparency Portal
● Customizable for each agency
● Display technology policies
● Publish usage metrics
● Share downloadable Search audits
Insights Dashboard
● Measure crime patterns and ROI
● Audit Search history
Examples
● Click here for Morgan Hill PD
● Click here for Vallejo PD
Already solving and
preventing crime
City of La Quinta
Riverside County SO
City of Moreno Valley
Santa Maria PD
San Jose PD
Vallejo PD
El Centro PD
Alameda County SO
City of Palm Desert
City of Rancho Mirage
City of La Puente
Elk Grove PD
Vacaville PD
Chino PD
City of Eastvale
Ontario PD
El Monte PD
Concord PD
San Mateo County SO
Corona PD
Oroville PD
Bakersfield PD
City of San Jacinto
Flock Safety In California
Plus, many more
commercial and
private customers
City of Lake Forest
City of Temecula
Culver City PD
Morgan Hill PD
Alhambra PD
City of Lancaster
Tracy CA PD
Hemet PD
City of Fairfield
Benicia PD
Redlands PD
San Leandro PD
Placer County SO
Beverly Hills PD
City of San Clemente, CA
El Cerrito PD
City of Salinas
City of Yorba Linda
El Cajon PD
City of Los Altos Hills
Riverside PD
Montclair PD
City of Stanton
City of La Canada Flintridge
Piedmont PD
Gilroy PD
City of West Hollywood
Lompoc PD
City of San Ramon
San Joaquin County SO
Yuba County Sheriff's Office
Seaside PD
Colton PD
City of Pico Rivera
San Marino PD
Alameda PD
City of Norco
Rocklin PD
Ventura County SO
Richmond PD
Glendora PD
Baldwin Park PD
Costa Mesa PD
Fresno PD
Milpitas PD
Town of Danville
City of Santa Fe Springs
West Covina PD
Atherton PD
City of Menifee
Hayward PD
Barstow PD
City of Dana Point
South San Francisco PD
Carmel By The Sea PD
San Mateo PD
Lake County Sheriff's
Office
Nevada County SO
Azusa PD
Desert Hot Springs PD
The Presidio Trust
Timeline
● El Cajon PD Installed 40 LPR
Cameras throughout their city.
● In the first few weeks of having
some of their cameras installed
they have arrested 2 adults and 4
juveniles in the possession of
stolen vehicles.
Hate Crime Targeting LA Synagogue
El Cajon PD
El Cajon, CA
Timeline
On February 16th, 4:15 PM, the Los
Angeles Police Department put out the
vehicle plate information of the suspect
involved in two shootings at synagogues
in their area.
Cathedral City PD received this
information and ran the vehicle’s plate in
Flock and discovered that the suspect
vehicle had entered Cathedral City.
A flyer with the suspect’s information and
vehicle description was sent out to patrol.
Officers responded to a shot fired call at
5:24 PM and the synagogue shooter was
on scene.
Officers recognized the suspect vehicle as
the one from the flyer. Suspect was taken
into custody.
Hate Crime Targeting LA Synagogue
Cathedral City PD
Cathedral City, CA
Case Study: Smash and Grab Robbery
● January 2022 - Five suspects attempt a
Smash & Grab at a Jewelry store but are
chased off by the owner
● But here’s what didn’t make the news…
● Suspect vehicle identified using Flock
● SBPD thought the suspects would try
again, potentially more violently
● Vehicle placed on a custom hotlist
● SBPD receives a real time alert that the
suspects are returning
● Officers locate the vehicle within seconds
preventing another attempt
San Bruno, CA
San Bruno, PD
San Bruno jewelry store owner stops attempted
smash-and-grab robbery
- ABC 7 News - Bay Area
Case Study: Auto Theft
Chamblee, GA
Chamblee PD
Stranger on Stranger Abduction August,
28 2020
When every second matters, Flock Safety’s Machine Vision is Critical 12:33 PM
1:01 PM
2:30 PM
5:03 PM
6:00 PM
Amber Alert Issued
Search Conducted with Flock Safety
Suspect Vehicle Located
Felony Stop + Arrest
Baby Reunited with Mother
ATTACHMENT J
Developing your ALPR policy
Ethics-Driven Innovation
In the ACLU’s reports on ALPR, they make recommendations for law enforcement who consider using ALPR. Flock addressed each of these in our system design and implementation. (4) Consult legal counsel
(a) Flock welcomes conversations with legal counsel.
(5) Open to public input and receive approval from
democratically elected governing bodies
(a) Flock encourages all agencies to seek democratic
approval.
(6) Operate in public and disclose use of ALPR
(a) Flock developed a transparency portal.
(7) Public audits and reports
(a) Flock requires an investigative reason to search,
and we provide an audit report to system
administrators.
(1) Short data retention
(a) Flock by default deletes the data every 30
days, allowing a detective to use the footage
for investigative purposes
(b) Flock is among the shortest of all the state
statutes on data retention
(2) No hot lists unless independently verified.
(a) The FBI curates NCIC hot list plates; the
NIJ curates NAMUS; DOJ funds and
curates NCMEC.
(b) Most ALPR policies require hot list
verification before action.
(c) HOAs cannot create hot lists.
(3) No data sharing with 3rd parties.
(a) Flock does not share with 3rd parties
ATTACHMENT K
July2022
FlockSafety&CJISCompliance
FlockSafety’sALPRsolutionleveragesplatenumberextractfilesfromNational, State,andlocal hotlistdatabasestoprovidereal timealertingtoLawEnforcementagencieswiththegoal of EliminatingCrime.
ThemostcommonhotlistextractfileusedwithLPRsolutionsistheNCICfileprovidedbytheFBI. Thisfileiscomposedof hotlistentriessubmittedbyagenciesacrosstheUSandonlycontainslicenseplatenumberandstate, reason, vehicledescription, andORI numberof thesubmittinglawenforcementagency.
Inordertoaccessthisfileonbehalf of aLawEnforcementagency, FlockSafetyhasreadandunderstoodtheCJISSecurityPolicy(currentlyv5.9, dated6/1/20) providedbytheFBI. Asaresult, FlockSafetyhasimplementedthenecessaryprocessandtechnologiestomeetorexceedthe“minimumstandardsof securityrequirements”outlinedintheFBI’sCJISSecurityPolicy.
ThefollowingdocumentlaysouttheprocessesandtechnologiesimplementedbyFlockSafetyforcompliancewiththeFBI’sCJISSecurityPolicy. ThefollowingpolicyareasareasoutlinedintheCJISSecurityPolicy(v5.9).
Asof July2022, thereisnocentral CJISauthorizationbody, noaccreditedpool ofindependentassessors, norastandardizedassessmentapproachtodeterminingwhetheraparticularsolutionisconsideredCJIScompliant. FlockSafetyiscommittedtohelpingagenciestomeetCJISrequirementsaspublishedbytheFBI.
Additional References
FBI CJISSecurityPolicy
AWSCJISPolicy
1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
PolicyArea1—InformationExchangeAgreements
Aspartof all FlockSafetycontractsforservice, whetheraspartof apurchase, trial, orsharedaccessagreement*, FlockSafetyandtheagencyenterintoan“InformationExchangeAgreement” intheformof aMemorandumof Understanding(MOU).
ThisMOUrepresentsthecommitmentbetweentheagencyandFlockSafetytoensurepreventionof unauthorizeddisclosure, alteration, ormisuseof theCJISdataleveragedbythelawenforcementagencyviatheFlockSafetysolution. *AnagencywhohasnotpurchasedFlockSafetycamerasbuthasaccesstocameraspurchasedbyanotherentity PolicyArea2—SecurityAwarenessTraining
All FlockSafetyemployeesthatinteractwithCJISdataoraccessinfrastructurethathandlesCJISdataundergothenecessarySecurityAwarenessTraining, aswell asafingerprint-basedbackgroundcheck. Additionally, theseemployeessigntheFBICriminal JusticeInformationServicesSecurityAddendum.
PolicyArea3—Incident Response
FlockSafetyiscommittedtothesecurityof all customerdataCJISorotherwise. Inthecaseof anincidentFlockSafetydefinesitsstepsaroundreportingof accidentalormaliciousattacksthatexposeCJISdata. 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
PolicyArea4—AuditingandAccountability
FlockSafetyisdedicatedtotheappropriateuseof theFlockSafetytechnologybybothFlockSafetycustomerusersandFlockSafetyemployees. Asaresult, FlockSafetyprovidesrobustauditingthatcovertheeventsoutlinedintheFBI’sCJISSecurityPolicyandmore.
Aspartof theseauditingeventsFlockSafetycapturesDate/Time, whatwasaccessed, thetypeof access, whoaccessedit, andtheoutcomeof thataccess. All auditinformationisstoredforaminimumof 1 year, asoutlinedintheFBI’sCJISSecurityPolicy.
PolicyArea5—AccessControl
ToensureappropriateAccessControl forbothFlockSafetycustomerusersandFlockSafetyemployees, FlockSafetyhasimplementedgranularaccesspermissionsthatallowforthecreationof rolesassociatedwithindividualsbasedonthenecessarycontrol criteriasetbythelawenforcementagencyundertheCJISpolicy.
All FlockSafetysolutionshostedinAWSleverageAES256symmetricencryptioninaccordancewiththeCJISSecurityPolicy. Additionally, FlockSafetyleveragesFIPS140-2-compliantAPIsandstorageintheAWSGovCloud. FlockSafetyleveragessecure, encryptedsessionstoAWSserversusingHTTPS(TransportLayerSecurity[TLS]).
PleaseseetheAWSCJISComplianceOverviewforadditional information.
PolicyArea6—IdentificationandAuthentication
All FlockSafetyusershaveauniqueUUID(128-bit) thatidentifiesthemthroughouttheFlockSafetysolution. ThisUUIDismaintainedevenif changesaremadetotheuseraccount(e.g., namechangeorpermissions).
FlockSafetyrequirestheuseof securepasswordsandprovidesmulti factorauthentication(MFA) solutionsforadditional securitymeasures. 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
PolicyArea7—ConfigurationManagement
All changestoFlockSafetysoftwareandcloudhardwareareloggedanddocumented. FlockSafetyleveragesCJIScomplianthardware, withCJIScompliantaccessrestrictions(physical anddigital), whichishostedbyAWSintheirAWSGovCloudintheUS.
FlockSafetymaintainsdetailednetworkdiagramsthatoutlinethecomponentsoftheFlockSafetysystemandtheinteractionsbetweenthosecomponents.
PleaseseetheAWSCJISComplianceOverviewforadditional information.
PolicyArea8—MediaProtection
FlockSafetyleveragesCJIScomplianthardware, withCJIScompliantaccessrestrictions(physical anddigital), whichishostedbyAWSintheirAWSGovCloudintheUS.
All FlockSafetysolutionshostedinAWSleverageAES256symmetricencryptioninaccordancewiththeCJISSecurityPolicy. Additionally, FlockSafetyleveragesFIPS140-2-compliantAPIsandstorageintheAWSGovCloud. FlockSafetyleveragessecure, encryptedsessionstoAWSserversusingHTTPS(TransportLayerSecurity[TLS]).
All FlockSafetylicenseplateandimagedataisharddeletedbasedontheFlockSafetyretentionpolicy, oranydemocraticallycreatedretentionpolicybytheagency.
PleaseseetheAWSCJISComplianceOverviewforadditional information.
PolicyArea9—Physical Protection
FlockSafetyleveragesCJIScomplianthardware, withCJIScompliantaccessrestrictions(physical anddigital), whichishostedbyAWSintheirAWSGovCloudintheUS.
PleaseseetheAWSCJISComplianceOverviewforadditional information. 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
PolicyArea10—SystemsandCommunicationsProtectionandInformationIntegrity FlockSafetyleveragesCJIScomplianthardware, withCJIScompliantaccessrestrictions(physical anddigital), whichishostedbyAWSintheirAWSGovCloudintheUS.
All FlockSafetysolutionshostedinAWSleverageAES256symmetricencryptioninaccordancewiththeCJISSecurityPolicy. Additionally, FlockSafetyleveragesFIPS140-2-compliantAPIsandstorageintheAWSGovCloud. FlockSafetyleveragessecure, encryptedsessionstoAWSserversusingHTTPS(TransportLayerSecurity[TLS]).
PleaseseetheAWSCJISComplianceOverviewforadditional information.
PolicyArea11—Formal Audits
FlockSafetyisreadytocomplywithandformal auditsneededtoensureCJIScompliance.
PolicyArea12—Personnel Security
All FlockSafetyemployeesthatinteractwithCJISdataoraccessinfrastructurethathandlesCJISdataundergothenecessarySecurityAwarenessTraining, aswell asafingerprint-basedbackgroundcheck. Additionally, theseemployeessigntheFBICriminal JusticeInformationServicesSecurityAddendum. 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
PolicyArea13—MobileDevices
FlockSafetysolutionsarecloudhostedanddeliveredasawebapplication. Asaresult, all FlockSafetysolutionscanbeaccessedbyacomputerormobiledevicewithacurrentgenerationwebbrowser. Aswithanyweb-basedapplication, theFlockSafetysolutioncanbeblockedorlimitedbyanyfirewall orothersecurityprotocolsimplementedonlawenforcementagencycomputersormobiledevices.
Nomatterthetypeof device, all FlockSafetysolutionsfollowthenecessarysecurityprotocolsforaccess, audits, mediaprotection, andoverall securityascoveredintheproceedingPolicyAreas.
Anyrequirementsaroundtheuseof theFlockSafetysolutionviaamobiledeviceshall becoveredbytheagency'sCJISpolicy, asisthecasewithanyothercomputerowned/usedbythelawenforcementagency. 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318
ATTACHMENT L
Potential Use of
Automated License
Plate Recognition
(ALPR) Technology
www.palmspringsca.govOctober 12,
2023
ALPR – What Information is Captured?
• A fixed ALPR system is designed to capture:
⚬ the date, time, and location;
⚬ license plate (state, partial, paper, and no plate);
⚬ vehicle characteristics (make, model, type, and color) ALPR – What this IS and is NOT
What this IS What this in NOT
• License plate recognition
• Gathers objective evidence and
facts about vehicles, not people
• Alerts police of wanted vehicles
• Used to solve crime
• Adheres to all state laws
• Not facial recognition
• Not tied to Personal Identifiable
Information
• Not used for traffic enforcement
• Data not stored beyond 30 days →
automatically deletes every 30 days
(Retention time can be adjusted + or -)
ALPR – Fixed ALPR vs. Red Light Cameras
• A red light camera is designed to capture
driver images for driver identification
• A fixed ALPR system is designed to capture
rear license plate images for vehicle identification
ALPR – Legal Considerations
Palm Springs - ALPR Policy
• Only allows trained authorized users
• Official Use Only – Reasonable Suspicion
• No out of state sharing*
• Routine system audits
• Prohibits invasion of privacy, harassment or
intimidation, personal use
State Law
• Requires training
• Requires limitations/controls on access
• Requires limitations on sharing
ALPR – Policy
Internal and External Access
• Limited to need to know and right to know;
• Criminal penalties for unauthorized access;
• Training provided to employees;
• Queries are logged and auditable;
• Agency controls with whom data is shared;
• No sharing by vendor;
• No outside state sharing
• Court order
• Request to Chief of Police – Major
Crime
Data Integrity
• CJIS-compliant transmission and storage by
vendor. Amazon Web Services (AWS) using
AES256 bit encryption, a standard
encryption system used by both the Federal
Government and the National Security
Agency.
Data Integrity
• Automatically purged after 30 days*
ALPR – Protecting Privacy
• Footage owned by Agency/City
• 30 day data retention, then deleted
• Takes human bias out of crime-solving by detecting
objective data, and detecting events that are
objectively illegal (ex. Stolen vehicles)
• All data is stored securely in the AWS Cloud, and end to end encryption of all data
• Search reason is required for audit trail
• NO facial recognition software
• NO predictive policing
• NO PII is contained in Flock
• NOT used for traffic enforcement
• Not connected to registration data or 3rd party
databases (Carfax, DMV)
• Transparency Portal (optional)
ALPR – Uses & Benefits
USES
• Proactive Real-time alerts
• Reactive (Investigative)
⚬ Searchable database
BENEFITS
• Real Time Alerts
• Deterrence
• Solve Crimes Already
Committed
• Regional Coordination
ALPR – Local Implementation & Collaboration
• ALPR technology is an existing tool for local law enforcement including neighboring communities
• Numerous success stories and examples of where it could have been used in Palm Springs
• A majority of agencies in the Coachella Valley currently use it • Many private businesses, HOAs, and individuals have ALPR and elect to share that data with law enforcement
ALPR – Case Study
Suspects arrested after
shooting 3 people, killing 1 of
them
Incident Details
On October 31, 2022, PSPD responded to a shooting incident with multiple victims at the Raising Cane’s Restaurant in Palm Springs. Officers arrived and found four people had been shot, one of them killed. All of the victims were U.S. Marines who were involved in a brief confrontation with the suspects just prior to the shooting.
PSPD obtained surveillance video from the location with vehicle information and entered that information into the Flock system.
Within 24 hours, PSPD received an alert the suspect vehicle was near Indio. Officers were dispatched to the area and located the vehicle. T wo suspects were identified and arrested for the murder and attempted murder of 4 people.
October 31, 2022
Photo” The Desert
Sun
ALPR – Case Study
Man accused in two
homicides in Palm Springs
arrested after lead from Flock
Incident Details
On January 25, 2021, Jennifer Dillon, a 59-year-old female was found deceased inside her home. Forensic evidence identified her death as a homicide.
On July 30th, 2021, Joseph Rajczi, an 80-year-old male was found deceased in his residence. His death was ruled a homicide.
PSPD canvassed the neighborhoods and submitted forensic evidence for clues. Both homicides showed signs that one person may be involved in both murders. Months went by before PSPD received a break in the case. A vehicle description was provided without a license plate and PSPD enlisted the help of the Cathedral City Police Department to search for similar vehicle descriptions. A possible match was provided to PSPD
investigators via a lead from a Flock camera PSPD to the 31- year-old male suspect who was arrested and charged with both murders.
Photo: KESQ
September 8,
2021
ALPR – Case Study
Hate Crime Targeting LA
Synagogue - Suspect Located
in Cathedral City
Incident Details
On February 16th, around 4:15 PM, LAPD shared vehicle
license information of the suspect involved in two shootings at synagogues in Los Angeles.
Local agencies, PSPD and Cathedral City PD obtained this information and ran the vehicle’s plate in Flock where it was discovered the suspect vehicle had entered Cathedral City .
A short time later, officers located and arrested the suspect without incident after receiving a shots fired call in Cathedral City .
This alert also allowed PSPD to immediately deploy staff to its local synagogues in the event the suspect continued on his rampage.
ALPR – Transparency
Transparency + Insights
Measure ROI and promote the ethical use
of public safety technology
Transparency Portal
• Display technology policies
• Publish usage metrics
• Share downloadable Search audits
Dashboard
• Measure crime patterns and ROI
• Audit Search history
Example
• Click here for Vallejo PD
WHY FLOCK?
Privacy
The police department places a high priority on safeguarding the privacy of our community members. Flock has stringent data protection protocols in place to ensure that surveillance footage remains secure and accessible only to authorized law enforcement personnel. We are committed to respecting the privacy of residents and maintaining the confidentiality of their personal information. We are also committed to keeping the data within the State of California and our policy prohibits the sharing of ALPR data with out-of-state agencies.
Affordability and Scalability
Affordability is paramount for the police department, as the affordability of Flock ALPR cameras enables large-scale deployments of flock safety solutions without causing financial strain. During our research Flock was found to be the most cost appropriate solution compared to other ALPR solutions.
Regional Sharing
The police department encourages regional collaboration and data sharing among neighborhoods to enhance community safety. Through our Flock safety initiatives, law enforcement agencies (Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, La Quinta, and Indio), and neighborhoods can work together to share surveillance data, fostering a stronger sense of community and promoting cooperation among residents. This collaborative approach contributes to making our entire region a safer place for all residents.
Accurate Data Retrieval
Flock's system, equipped with state-of-the-art technology, enables accurate data retrieval. Whether it involves reviewing footage for security incidents, or criminal investigations, our system provides law enforcement with reliable and precise data retrieval capabilities. This accuracy enhances the effectiveness of our efforts to maintain community safety and aids in the swift and efficient resolution of incidents.
ALPR – Next Steps
• Council feedback and discussion on potential implementation of ALPR T echnology
• Approve Contract with Insight Public Sector through a cooperative purchase program
• Install 15 Flock ALPR cameras throughout the City of Palm Springs
Automated License Plate Recognition (ALPR)
Questions
ATTACHMENT M
PALM SPRINGS POLICE DEPARTMENT
Flock vs. Other ALPR Companies
When the Palm Springs Police Department considered the implementation of Automatic License Plate Recognition (ALPR) systems like Flock Safety in comparison to other systems, several key factors were considered. Here is a comparative overview of Flock Safety ALPRs and other ALPR systems:
Focus on Community Safety:
Flock Safety: Flock Safety emphasizes community safety and has gained popularity in smaller communities, homeowners' associations, and municipalities due to its dedication to public safety.
Other ALPR Systems: Some other ALPR systems may have a broader focus beyond community safety, catering to different types of organizations or agencies.
Privacy Considerations:
Flock Safety: Flock Safety has a 30-day data retention policy and ensures data privacy by not sharing information with out-of-state agencies, immigration, or third-party vendors. It also does not employ facial recognition technology.
Other ALPR Systems: Privacy practices may vary among different ALPR systems and could be influenced by the specific policies and practices of the organizations using them.
Data Security:
Flock Safety: Flock Safety stores data securely on AWS Government Cloud, which is designed to meet stringent government security requirements, enhancing data security.
Other ALPR Systems: Data security practices may differ among various ALPR systems, depending on the security measures implemented by the respective organizations.
Machine Learning:
(<1%) of data from Flock cameras that get anonymized and stripped of any metadata, which is then used to teach Flock’s software how to find specific types of vehicles and vehicle attributes
(the “machine learning”). No data is ever sold to third parties. Internally, Flock confirms that the images identified are accurate and utilizes the information to improve our machine learning capabilities.
Example: A new 2024 Red Ferrari comes out. We pull examples of Red Ferraris and feed it to our algorithm so that our cameras now know what a Red Ferrari looks like and doesn’t mistake it for a Red Lamborghini. To do this, we strip the image of ALL data. It’s just used for this limited purpose of making the system better at delivering the service.
This is similar to a Google Captcha that asks you to “select all of the fire hydrants” or “click all of the traffic lights”. All you see is an image, which does not tell you when/where the image was taken and provides no additional data beyond a visible screenshot. Flock uses the same process to manually validate images, internally.
Community Integration:
Flock Safety: Flock Safety's approach is community-centric, making it accessible to a wide range of community organizations, including neighborhoods, local businesses, and homeowners' associations.
Other ALPR Systems: Integration and accessibility of other ALPR systems may vary based on the types of organizations they serve and their target markets.
Ease of Deployment:
Flock Safety: Flock Safety offers plug-and-play installation, making it user-friendly and accessible for communities looking to enhance their safety quickly.
Other ALPR Systems: Deployment ease can differ among various ALPR systems, with some potentially requiring more extensive integration efforts.
Use for Traffic Enforcement:
Flock Safety: Flock Safety explicitly does not use its ALPR technology for traffic enforcement, focusing solely on public safety and security.
Other ALPR Systems: The use of ALPR technology for traffic enforcement may vary depending on the policies and priorities of other ALPR system providers.
Cost and Accessibility:
Flock Safety: Flock Safety's affordability and accessibility made it an attractive option for the Palm Springs Police Department.
Other ALPR Systems: Pricing and accessibility of other ALPR systems may vary based on the specific offerings and target markets of different providers, but the other systems we evaluated came at a significant cost increase. As an illustration, while Vigilant's Fixed ALPR solutions come at an approximate price of $165,528 for an 11-camera package, Flock offers a significantly more cost-effective option at just $45,000 for a 15-camera package.
In summary, we found the choice between Flock Safety and other ALPR systems was dependent on our specific needs and priorities. Flock Safety is particularly appealing to smaller communities and community-centric organizations with a strong emphasis on privacy and data security. We found that other ALPR systems, in contrast, cater to different types of organizations with varying policies and priorities. It was essential for the Palm Springs Police Department to carefully evaluate our goals and requirements when selecting an ALPR system to ensure it aligns with our unique needs and values.