Agenda packet — Palo Alto City Council, April 3, 2023 (part 3 of 4)

obligations to register with, and furnish certified payroll records directly to, DIR.

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Publi c Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is a 9204 Public Works Project and is required to comply wi th the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confi dential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Cod e Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangib le or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excl udes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession fr ee of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfu lly obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent t o disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the exte nt required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promptly upon learning of any breach in DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confi dential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

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29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
ATTACHMENT A-1: FALCON CAMERAS SPECIFICATIONS
ATTACHMENT B-1: STANDARD IMPLEMENTATION
ATTACHMENT C-1: ADVANCED IMPLEMENTATION
ATTACHMENT D-1: ELECTRICIAN INSTALLATION STEPS
EXHIBIT A-1: PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204

PUBLIC WORKS PROJECTS
EXHIBIT G: SURVEILLANCE ORDINANCE
EXHIBIT H: INFORMATION PRIVACY POLICY
EXHIBIT I: CYBERSECURITY TERMS AND CONDITIONS
EXHIBIT J: FLOCK GROUP SERVICES ADDITIONAL TERMS OF

SERVICE

For the purposes of construing, interpreting and resolving inconsistencies between and among the Exhibits of this Agreement , the Exhibits shall have the order of precedence as set forth in the preceding section. (Sections 1 through 30 of this Agreement shall have precedence over all of the Exhibits.) If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern a s may be in the best interests of the City.

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT No. S23187316 SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

____________________________
City Manager
APPROVED AS TO FORM:

__________________________
City Attorney or Designee
(Required on Contracts over $25,000)

FLOCK GROUP INC. dba FLOCK
SAFETY

Officer 1
By:

Name:

Title:

Officer 2 (Required for Corp. or LLC)
By:

Name:

Title:

DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Mark Smith
General Counsel
CFO
James LaCamp
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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.

I. AUTOMATIC LICENSE PLATE READER SYSTEM SERVICES
a) CONSULTANT’s surveillance devices shall function as vehicular motion-activated sensors to detect capturing sight and sound to decode images by narrowing down visual criteria related searches. CONSULTANT’s Automated License Plate Reader Systems ( ALPR or LPR) includes vehicle fingerprint technology, which will develop machine learning and computer vision analyses to break down captured evidence into searchable queries. The A LPR will provide the following:

Visual Evidence by:
 vehicle make, type, and color;
 license plate (missing plate, covered plate, paper plate, state of the license plate); and  unique features (roof rack, bumper stickers, and window stickers) Contextual Evidence by:
 timestamp;
 number of times vehicle has been captured in the last 30 days; and  associated vehicles.

b) CONSULTANT’s database video footage on visual and contextual evidence s are downloadable data deliverables to provide CITY users.

Survey Locations
CONSULTANT shall furnish leasing all equipment, equipment maintenance, installation, materials, tools, and software services to implement ALPR devices across City of Palo Alto’s designated key areas that shall include but not limited to the following tasks:

a) CONSULTANT shall coordinate with CITY Project Manager and Public Works department to present several viable opti ons for solar or AC power camera install feasibility for of up to forty (40) locations to present a deployment plan for the CITY to review and approve camera locations. CONSULTANT’s deployment plan shall include a technician to conduct site survey to:
 evaluate/reconfirm feasibility of a location per camera (location assessment, solar assessment, visibility review, etc.;
 check line of sight to the road, safety plans and methods required to perform camera installation; and
 evaluate/reconfirm adequate AT&T or T-Mobile cellular services in the area that is suitable by placing a white flag per location.

b) CITY shall provide support (if needed) to provide permits , special equipment or vehicles, custom engineering drawings or traffic plans, concrete cutting and AC -powered installation source;

c) CONSULTANT shall coordinate with State ’s PG&E “811” call service and CITY Utilities DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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department for safe underground digging to mark each camera approved marking location for underground utilities within a 10-foot radius.

d) In preparation of scheduling camera installation date, CONSULTANT shall ship any site - specific material(s) that CONSULTANT’s technician does not have on site and coordinate with CITY staff on scheduling process of any permits required, special equipment , safety assessment and traffic control safety plans.

Installation (one-time service per camera location)
a) On scheduled start date, CONSULTANT shall mount twenty (20) Falcon Camera devices (specifications are in detail reference as Attachment A -1) that meet stan dard installation procedures for Safety Performance Evaluation of Highway and Assessing Safety Hardware (NCHRP350/MASH), while adhering to standard procedural plans from the Manual of Uniform Traffic Control Devices (MUTCD).

b) Of the 20 camera locations, fourteen (14) cameras shall require Standard Implementation service, which CONSULTANT shall perform camera mount(s) onto CITY’s existing traffic pole infrastructure to meet CITY’s/County of Santa Clara’s Right of Way (ROW) for public use of existing property or future streets, curbs, planting strips or sidewalks . Standard Implementation is detailed therein in Attachment B-1.

c) The remaining six (6) cam eras shall require Advance Implementation service using required Department of Transportation (DOT) approved standard 12’ CONSULTANT’s above grade breakaway pole to meet DOT’s “Right of Way and Land Survey” activity requirements within Caltrans’ Interstate of Highway System geographic boundaries. Advanced Implementation is detailed therein in Attachment C-1.

d) Upon camera mount installation of each cameras, CONSULTANT shall collaborate with CITY Utilities department for CITY electrician(s) to install AC power source and connectivity to the cameras (per Electrician Installation Steps specified in Attachment D-1). CONSULTANT shall inspect camera to verify device and visual line of sight meets mount/placement specification.

Maintenance
CONSULTANT’s Field Operation team is responsible for physical installation and maintenance of leased cameras and associated equipment provided by CONSULTANT during term of this Agreement. This includes CONSULTANT’s team of technicians and maintenance schedulers to coordinate maintenance service with CITY staff.

Subscription/Software
Post-Camera-Installation, CONSULTANT shall set up a software licensing subscription account training for CITY Project Manager to designate authorized CITY staff to access CONSULTANT’s permission web-based portal and provide the CITY with training on best practices to search for relevant data.

II. ADVANCED SEARCH
CONSULTANT shall collaborate with CITY p olice staff upon request to perform via the CONSULTANT’S software web interface to utilize advanced evidence search capabilities to operate convoy analysis; multi -geo search, visual search queries; and common plate analysis in DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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which the ALPR shall perform:
 Visual Search to upload any digital image (i.e.) Ring doorbell footage, closed- circuit television stills or mobile phone pictures) to conduct vehicle search.  Multi-Geo Search to connect crimes across different locations to a common suspect vehicle to expedite case clearance and prevent repeat offenses.  Convoy Analysis on identifying vehicles frequently trave ling together to identify accomplices in organized crimes (i.e. Motor Vehicle theft & drug trafficking).

III. ADDITIONAL SERVICES (Optional)
CITY can request for additional surveillance relocation(s), which shall be mutually written in Agreement as detailed th erein within a Task Order (Exhibit A -1 form) per Section 4 of the Agreement. CONSULTANT shall perform the following optional Additional Services for:
a) camera relocations; and
b) camera and/or pole replacement to reinstall damage, theft or vandalism of ALPR equipment.

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ATTACHMENT A-1

FALCON CAMERAS SPECIFICATIONS

Falcon Cameras

Use Cases:
 CONSULTANT’S SAFETY LICENSE PLATE READERS (LPRs) are designed to capture images of near license plates, aimed in the direction of traffic.  CONSULTANT’S LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non-vehicle traffic, or intersections.

Placement:
 It captures vehicles driving away from an intersection.  It cannot point into the middle of an intersection.
 It should be placed after the intersection, to prevent “stop and go” motion activation, or “stop and go” traffic.

Mounting:
 It can be mounted on existing utility, light, or traffic signal poles, or 12 foot CONSULTANT’s poles. **NOTE** Permitting (or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, depending on local regulations & policies.
 It should be mounted one per pole*. If using AC power, they can be mounted 2 per pole.
o *Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole (by blocking visibility). Therefore, if relying on solar power, only one camera can be installed per pole.
 They can be powered with solar panels or direct wire-in AC Power (no outlets). **NOTE** CONSULTANT does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras.

Electrician services should be completed within two days of installation to prevent the camera from dying.
 They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images

Solar Panels
 Solar panels need unobstructed southern -facing views

Pole
 If a location requires “DOT” approved pole (i.e., not CONSULTANT’s standard pole), the “advanced implementation” cost will apply per Exhibit C-1, Schedule of Rates

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ATTACHMENT B-1

STANDARD IMPLEMENTATION

Once designated camera locations are confirmed, as part of the Standard Implementation Service, CONSULTANT shall perform the following:
a) An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)
b) Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installation.  Engage 811 ‘Call-before-you-Dig’ system to receive legal dig date; and  Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meets.
c) Each installation may include the following:
 Installation of camera and solar panel with standard, 12’ above grade CONSULTANT’s break away pole.
 Installation of camera and AC adapter that a qualified electrician can connect to AC power. o CONSULTANT shall provide and mount an AC adapter that a qualified electrician can connect to AC power following their electrical wiring requirements per Exhibit D-1.

CONSULTANT cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope of work. CITY staff will conduct the electrical tasks.
 Access requiring up to a 14’ A-frame ladder
 Standard MUTCD traffic control procedures performed by a CONSULTANT’s technician d) Obtain a business license to operate in the City and State of camera location.

OUT OF SCOPE ITEMS
By default, CONSULTANT does not include the following as part of the Advanced Implementation Service but can optionally provide a quote for sourcing (additional cost):
o Installation on Standard, 12’ above grade Flock breakaway pole or existing infrastructure; o A Bucket Truck for accessing horizontal/cross-beams and/or height above 14’; o Special equipment rentals for site access;
o Site-specific engineered traffic plans;
o Third-party provided traffic control;
o State or City-specific specialty contractor licenses; o Custom engineered drawings;
o Electrical work requires a licensed electrician. CONSULTANT will provide and mount an AC; adapter that a qualified electrician can connect to AC power but cannot make any AC; connections or boreholes in any material other than dirt, grass, loose gravel (or other non- diggable material)
o Concrete cutting;
o Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.);
o Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.)
o Fees or costs associated with filing for required CITY, County, or State permits

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ATTACHMENT C-1

ADVANCED IMPLEMENTATION

Once designated camera locations are confirmed, as part of the Advanced Implementation Service, CONSULTANT shall perform the following:
a) An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)
b) Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installation.  Engage 811 ‘Call-before-you-Dig’ system to receive legal dig date; and  Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meets.
c) Each installation may include the following:
 Installation of camera and solar panel on a suitable NCHRP 350 or MASH approved pole.  Installation of camera and AC adapter that a qualified electrician can connect to AC power. o CONSULTANT shall provide and mount an AC adapter that a qualified electrician can connect to AC power following their electrical wiring requirements per Exhibit D-1.

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ATTACHMENT D-1

ELECTRICIAN INSTALLATION STEPS

1. Run AC cable and conduit to the box according to NEC Article 300 and any applicable local codes. The gland
accepts ½” conduit

2. Run Open the box using hinges

3. Connect AC Mains per wiring diagram below:
a. Connect AC Neutral wire to the Surge Protector
white Neutral wire using the open position on the
lever nut.
b. Connect AC Line wire to the Surge Protector black
Line wire using the open position on the lever nut.
c. Connect AC Ground wire to the Surge Protector
green ground wire using the open position on the
lever nut.

4. Verify that both the RED LED is lit on the front of the box

5. Close box and zip tie the box shut with the provided zip tie

6. While still on site, call Flock who will remotely verify that power is working correctly:
- Southeast Region - (678) 562-8766
- West-Region - (804) 607-9213
- Central & NE Region - (470) 868-4027

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EXHIBIT A-1

PROFESSIONAL SERVICES TASK ORDER

CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO.

OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:

2. CONSULTANT NAME:

3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
 SERVICES AND DELIVERABLES TO BE PROVIDED
 SCHEDULE OF PERFORMANCE
 MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

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EXHIBIT B

SCHEDULE OF PERFORMANCE

CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.

Milestones
Completion
Number of Days/Weeks (as specified
below)
from NTP

1. ALPR Services 20 Camera Installation – Year 1
(one-time service only)
60 days

2. ALPR Services w/ Advanced Search – Year 1
(June 1, 2023-May 31, 2024)
Ongoing within term of Agreement
(subject to completion of milestone 1)

3. ALPR Services w/ Advanced Search – Year 2
(June 1, 2024-May 31, 2025)
Ongoing within term of Agreement
(subject to completion of milestone 1)

4. ALPR Services w/ Advanced Search – Year 3
(June 1, 2025-May 31, 2026)
Ongoing within term of Agreement
(subject to completion of milestone 1)

Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)

The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.

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EXHIBIT C

COMPENSATION

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

BUDGET SCHEDULE

TASK NOT TO EXCEED
AMOUNT
Task 1
(ALPR Services 20 Camera Installation – Year 1
[one-time service only])
$9,400
Task 2
(ALPR Services w/ Advanced Search – Year 1
[June 1, 2023-May 31, 2024])
$52,500
Task 3
(ALPR Services w/ Advanced Search – Year 2
[June 1, 2024-May 31, 2025])
$52,500

Task 4
(ALPR Services w/ Advanced Search – Year 3
[June 1, 2024-May 31, 2025])
$52,500

Sub-total for Services $166,900
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses $166,900
Additional Services
(if any, per Section 4 [Year 1 through 3 – $2,500 annually]) $7,500
Maximum Total Compensation $174,400

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

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EXHIBIT C-1

SCHEDULE OF RATES

CONSULTANT’s schedule of rates is as follows:

CONSULTANT’s Professional Services and One-Time Installation Purchases

Description Price/Usage
Fee
Qty Subtotal
Professional Services - Standard Implementation $350.00 14.00 $4,900.00 Professional Services - Advanced Implementation $750.00 6.00 $4,500.00

Hardware and Software Products

Annual recurring amounts over subscription term:

Description Price/Usage
Fee
Qty Subtotal
Falcon Camera Lease & Software Licensing $2,500.00 20.00 $50,000.00 Flock Safety Advanced Search $2,500.00 1.00 $2,500.00

Additional Service - ALPR Equipment Replacement & Relocation (includes installation labor):

Description Qty Price/Usage Fee
Camera Replacement 1 $500.00
Pole Replacement 1 $500.00

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EXHIBIT D

INSURANCE REQUIREMENTS

CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT

OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES

YES
WORKER’S COMPENSATION

EMPLOYER’S LIABILITY

STATUTORY

YES

GENERAL LIABILITY, INCLUDING PERSONAL

INJURY, BROAD FORM PROPERTY DAMAGE

BLANKET CONTRACTUAL,

PRODUCTS/COMPLETED OPERATIONS AND FIRE

LEGAL LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000

$2,000,000

$2,000,000
$2,000,000

$2,000,000

YES TECHNOLOGY ERRORS AND OMISSIONS
LIABILITY COVERAGE. THE POLICY SHALL AT A

MINIMUM COVER PROFESSIONAL MISCONDUCT

OR LACK OF REQUISITE SKILL FOR THE

PERFORMANCE OF SERVICES DEFINED IN THE

CONTRACT AND SHALL ALSO PROVIDE
COVERAGE FOR THE FOLLOWING RISKS:
(i) NETWORK SECURITY LIABILITYARISING

FROM UNAUTHORIZED ACCESS TO, USE OF, OR

TAMPERING WITH COMPUTERS OR COMPUTER

SYSTEMS, INCLUDING HACKERS, EXTORTION,
AND
(ii) LIABILITY ARISING FROM

INTRODUCTION OF ANY FORM OF MALICIOUS

SOFTWARE INCLUDING COMPUTER VIRUSES

INTO, OR OTHERWISE CAUSING DAMAGE TO
THE CITY’S OR THIRD PERSON’S COMPUTER,

COMPUTER SYSTEM, NETWORK, OR SIMILAR

COMPUTER RELATED PROPERTY AND THE DATA,
SOFTWARE AND PROGRAMS THEREON.

CONTRACTOR SHALL MAINTAIN IN FORCE
DURING THE FULL LIFE OF THE CONTRACT.

THE POLICY SHALL PROVIDE COVERAGE FOR

BREACH RESPONSE COSTS AS WELL AS

REGULATORY FINES AND PENALTIES AS WELL AS

CREDIT MONITORING EXPENSES WITH LIMITS

SUFFICIENT TO RESPOND TO THESE
OBLIGATIONS.

ALL DAMAGES $2,000,000 $2,000,000
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YES CYBER AND PRIVACY INSURANCE.

SUCH INSURANCE SHALL INCLUDE COVERAGE

FOR LIABILITY ARISING FROM COVERAGE IN AN

AMOUNT SUFFICIENT TO COVER THE FULL

REPLACEMENT VALUE OF DAMAGE TO,

ALTERATION OF, LOSS OF, THEFT,

DISSEMINATION OR DESTRUCTION OF

ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL INFORMATION, “PROPERTY” OF

THE CITY OF PALO ALTO THAT WILL BE IN THE

CARE, CUSTODY, OR CONTROL OF VENDOR,

INFORMATION INCLUDING BUT NOT LIMITED

TO, BANK AND CREDIT CARD ACCOUNT

INFORMATION OR PERSONAL INFORMATION,

SUCH AS NAME, ADDRESS, SOCIAL SECURITY

NUMBERS, PROTECTED HEALTH INFORMATION

OR OTHER PERSONAL IDENTIFICATION

INFORMATION, STORED OR TRAMSITTED IN
ELECTRONIC FORM.

ALL DAMAGES $2,000,000 $2,000,000

YES AUTOMOBILE LIABILITY, INCLUDING ALL

OWNED, HIRED, NON-OWNED

BODILY INJURY

EACH PERSON

EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000
YES

PROFESSIONAL LIABILITY, INCLUDING, ERRORS

AND OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT PERFORMANCE

ALL DAMAGES $1,000,000

YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,

SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY R ESULTANT

AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ON LY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY

AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.

III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFOR DED TO “ADDITIONAL INSUREDS”

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE

AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE

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AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE

AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:

HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP

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EXHIBIT E

DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS

This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontrac tors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations , including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.

CITY provides notice to CONSULTANT of the requirements of California Labor Code S ection 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to s ubmit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR . Additional information regarding public works and prevailing wage req uirements is available on the DIR w eb site (see e.g. http://www.dir.ca.gov) as amended from time to time.

CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.

CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).

CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:

Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.

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The payroll records shall be verified as true and correct and shall be certified an d made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.

At the request of CITY, acting by i ts Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.

CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.

If the certified payroll records are not provided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.

Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, a nd also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.

Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is require d or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not le ss than one and one -half (1&1/2) times the basic rate of pay, as provided in Section 1815.

CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to s ecure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).

CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).

CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevai ling wages and for failure to comply with wage and hour laws.

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EXHIBIT F
Claims for Public Contract Code Section 9204 Public Works Projects

The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.

1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, inc luding, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services perform ed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.

2. Claim Process.

(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.

(B) Submission. The Cla im must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.

Any Claim for additional payment must include a complete, itemized breakdown of al l labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost.

Any Claim for an extension of time or delay cos ts must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.

(C) Review . Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.

(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45- day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.

3. Disputed Claims

(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pur suant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any paym ent due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

(B) Mediation . Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutra l mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.

(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligat ion, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Cla im being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

6. Approved Subcontractor Claims . If an ap proved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subc ontractor.

The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to w hether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions . A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation an d proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contra ct Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

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EXHIBIT G

SURVEILLANCE ORDINANCE

Surveillance Use Policy for fixed Automated License Plate Recognition (ALPR) Technology

In accordance with Palo Alto Municipa l Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department’s use of fixed ALPR technology is as follows:

1. Intended Purpose. The technology is used by the Palo Alto Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including but not limited to identifying stolen or wanted vehicles, stolen license plates and missing persons, suspect interdiction and stolen property recovery.

2. Authorized Uses. 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. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
b. 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. c. First Amendment Rights. It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights of any person.
d. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, 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).

3. Information Collected. A fixed ALPR sy stem captures the date, time, location, license plate (state, partial, paper, and no plate), and vehicle characteristics (make, model, type, and color) of passing vehicles. using the Palo Alto Police Department’s A LPR’s system and the vendor’s vehicle identification technology.

4. Safeguards. All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto 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):
a. All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time. b. Persons approved to access ALPR data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation
c. Such ALPR data may only be released to other authorized and verified loca l enforcement officials and agencies for legitimate law enforcement purposes.

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d. Every ALPR system inquiry must be documented by either the associated case number or incident number, and lawful reason for the inquiry.

5. Retention. The City’s ALPR vendor, Flock Safety, will store the data (data hosti ng) and ensure proper maintenance and security of data stored in their data centers. Flock Safety will purge the data 30 days after collection; however, this will not preclude Palo Alto Police Department from maintaining any relevant vehicle data obtained from the system after that period if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation 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.

Information gathered or collected, and records retained by Flock Safety cameras will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.

6. Access by non -City Entities. The ALPR data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcem ent purposes or as otherwise required by law, and as provided below:
a. Requests
i. A law enforcement agency may make a written request for specific data, including the name of the agency and the intended official law enforcement purpose for access
ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted
iii. The approved request is retained on file
iv. Requests for ALPR data by non- law enforcement or non- prosecutorial agencies will be processed by the Department’s custodian of records and fulfilled only as required by law.
b. Memoranda of Understanding
i. Access to searchable data by other local law enforcement agencies shall only be granted pursuant to an MOU with that specific agency ii. Such MOU will provide that acce ss will only be used for legitimate law enforcement or public safety purposes
c. 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 Palo Alto Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement.

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d. Ensuring that procedures are followed for system operators and to maintain records of in compliance with Civil Code § 1798.90.52.
e. The title and name of the current designee in overseeing the ALPR operation is maintained. Continually working with the Custodian of Records on the retention and destruction of ALPR data as required.
f. Ensuring this policy and related procedures are conspicuously posted on the Department’s dedicated ALPR website.

It is the responsibility of the Investigative Services Captain (or other police administr ator as designated by the Police Chief) to ensure that an audit is conducted of ALPR detection inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12 -month period to verify proper use in accordance with the above authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the pre ceding six-month period and determine if each inquiry meets the requirements es tablished by policy. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department.

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EXHIBIT H

INFORMATION PRIVACY POLICY

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EXHIBIT I

CYBERSECURITY TERMS AND CONDITIONS

In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and informat ion security requirements (the "Requirements") set forth in Part A below.

A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's ope rations and maintenance processes needed to support the environment, including disaster rec overy and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availab ility to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.

In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" a s set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM").

Part A. Requirements:

The Consultant shall at all times during the term of any contract between the City and the Consultant:

(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following:
http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103

http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role.
(e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.

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(f) Develop an independently verifiable process, cons istent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated.
(g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role -based access contr ol ("RBAC") and segregation of duties ("SoD") mechanisms for all personnel, systems, and Softwar e used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detec tion and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance wi th industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release.

Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging.
(m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self -audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicab le, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third -party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response.
(q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier ter mination of this Agreement and in a mutually agreeable storage medium.

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Agreement, all of those records relating to the performance of the Services shall be provided to the ISM.
(t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to t he City and or any authorized recipient.
(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR -BCP) solutions to the City for the systems and services the Vendor provides to the City. (x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor s hall allow two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cl oud-hosted IT environment belongs to the City.
(y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications. (z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS.

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EXHIBIT J

FLOCK GROUP SERVICES ADDITIONAL TERMS OF SERVICE

FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM

This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA - Palo Alto Police Department

Legal Entity Name: City of Palo Alto
Contact Name: James Reifschneider
Address:
275 Forest Ave
Palo Alto, California 94301

Phone: (650) 329-2406
E-Mail:
[email protected]

Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)

Initial Term: 36 months
Optional Renewal Term: 24 months
Billing Term: Annual payment due Net 30
per terms and conditions
Billing Frequency: Annual Plan - First Year
Invoiced at Signing

Professional Services and One-Time Purchases

Name Price/Usage
Fee
QTY Subtotal
Professional Services - Standard Implementation
Fee $350.00 14.00 $4,900.00
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Professional Services - Advanced
Implementation Fee $750.00 6.00 $4,500.00

Hardware and Software Products
Annual recurring amounts over subscription term

Name Price/Usage
Fee
QTY Subtotal
Falcon $2,500.00 20.00 $50,000.00
Flock Safety Advanced Search $2,500.00 1.00 $2,500.00

Subscription with Installation Subtotal Year 1: $61,900.00 Annual Subscription Year 2 & 3 Subtotal: $104,000.00
Subscription Term: 36 Months
Estimated Sales Tax: $0.00
Total Year 1 through 3 Subscription Amount: $166,900.00 Additional Services for Camera & Pole Relocation/Replacement (if any): $ 7,500.00 Maximum Subscription and Additional Services Total: $174,400.00

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GOVERNMENT AGENCY AGREEMENT

This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block this Agreement (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”);

WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;

WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and

WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT

NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

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1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.

1.2 “Agency Data” means the data, media and content provided by Agency through the Services.

For the avoidance of doubt, the Agency Data will include the Footage.

1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.

1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

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1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.

1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

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1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.

1.30 “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.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency.

Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right and license to use the Documentation during the DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

2.5 Usage Restrictions.

2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (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 any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP 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, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency 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 Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the 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 Agency 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 Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s then- current list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.

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2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware.

Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost.

Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, 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 tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed.

Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.

Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency.

Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency 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 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Flock will use commercially reasonable efforts to respond to requests for support.

Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected] , at no additional
cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency.

Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account. Agency shall be DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.

Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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certain legal obligations, but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non- exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, 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 Agency.

Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein.

Flock does not sell Aggregated Data

5. Reserved.

6. TERM AND TERMINATION.

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (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. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party.
b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware.
d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, 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. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

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6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4,

8.1, 8.2, 8.3, 8.4, 9.1 and 9.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency.

Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.

Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.

7.6 Force Majeure. 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, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE

AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES,

CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH

RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND

CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR

INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR

CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE

FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY LIMIT SET FORTH HEREIN SHALL NOT APPLY TO (1) DAMAGES CAUSED BY CONSULTANT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (2) CONSULTANT'S DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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OBLIGATIONS TO INDEMNIFY AND DEFEND CITY (3) CLAIMS OR GENERAL

DAMAGES THAT FALL WITHIN THE INSURANCE COVERAGE OF THIS AGREEMENT, (4) STATUTORY DAMAGES, AND (5) WRONGFUL DEATH CAUSED BY CONSULTANT.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S

AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

9. Reserved.

10. MISCELLANEOUS

10.1 Compliance With Laws. The Agency agrees to 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). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

10.2 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.

10.3 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

10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11
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Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. 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.

10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re- export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in 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.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

10.10 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.

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Surveillance Use Policy for fixed Automated License Plate Recognition (ALPR) Technology
In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department’s use of fixed ALPR technology is as follows:

2. Authorized Uses. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy.

3. Information Collected. 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. using the Palo Alto Police Department’s ALPR’s system and the vendor’s vehicle identification technology.

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b. Persons approved to access ALPR data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation
c. Such ALPR data may only be released to other authorized and verified local enforcement officials and agencies for legitimate law enforcement purposes. d. Every ALPR system inquiry must be documented by either the associated case number or incident number, and lawful reason for the inquiry.

5. Retention. The City’s ALPR vendor, Flock Safety, will store the data (data hosting) and ensure proper maintenance and security of data stored in their data centers. Flock Safety will purge the data 30 days after collection; however, this will not preclude Palo Alto Police Department from maintaining any relevant vehicle data obtained from the system after that period if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation 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.

Information gathered or collected, and records retained by Flock Safety cameras will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.

6. Access by non-City Entities. The ALPR data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise required by law, and as provided below:
a. Requests
i. A law enforcement agency may make a written request for specific data, including the name of the agency and the intended official law enforcement purpose for access
ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted
iii. The approved request is retained on file
iv. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed by the Department’s custodian of records and fulfilled only as required by law.
b. Memorandaphilip of Understanding
i. Access to searchable data by other local law enforcement agencies shall only be granted pursuant to an MOU with that specific agency ii. Such MOU will provide that access will only be used for legitimate law enforcement or public safety purposes
c. 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 Palo Alto Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement.

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7. Compliance Procedures. The Investigative Services Captain (or other police administrator as designated by the Police Chief) shall be responsible for compliance 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. Only properly trained sworn officers, crime analysts, and police staff are allowed access to the ALPR system or to collect ALPR information. b. Ensuring that training requirements are completed for authorized users. c. ALPR system monitoring to ensure the security of the information and compliance with applicable privacy laws.
d. Ensuring that procedures are followed for system operators and to maintain records of in compliance with Civil Code § 1798.90.52.
e. The title and name of the current designee in overseeing the ALPR operation is maintained. Continually working with the Custodian of Records on the retention and destruction of ALPR data as required.
f. Ensuring this policy and related procedures are conspicuously posted on the Department’s dedicated ALPR website.

It is the responsibility of the Investigative Services Captain (or other police administrator as designated by the Police Chief) to ensure that an audit is conducted of ALPR detection inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements established by policy. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department.

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Making
SMart
DeciSionS
about
Surveillance
A Guide for Community
trAnspArenCy,
ACCountAbility
& oversiGht
the ACLU
of CALiforniA
APriL 2016
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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
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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 Item 11
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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 Item 11
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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.

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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
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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
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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
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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%
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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.

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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 Item 11
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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
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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
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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 Item 11
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 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
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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 Item 11
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 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
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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).
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 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 Item 11
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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 Item 11
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 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
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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 Item 11
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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.

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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.

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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).

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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; Item 11
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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.

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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).

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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.

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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.

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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.

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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
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Community Services
Meeting Date: April 3, 2023
Report #: 2302-0942

TITLE
Parks and Recreation Commission Recommend Adoption of a Park Dedication Ordinance to Dedicate the 10-acre Measure E site as Parkland. CEQA status – not a project.

RECOMMENDATION
The Parks and Recreation Commission (PRC) recommend that City Council adopt a Park Dedication Ordinance (Attachment A) to dedicate the 10-acre parcel at Byxbee Park, also known as the Measure E site, as parkland.

BACKGROUND
On April 5, 2010, City Council directed staff to initiate a feasibility study for an Energy/Compost Facility in Palo Alto. On October 3, 2011, a Final Feasibility Report was presented to City Council (Staff Report 1). The Feasibility Report recommended that if a 10-acre parcel at Byxbee Park became available through the passage of Ballot Measure E, then the City should take further actions to consider anaerobic digestion and other technologies for managing the City’s food scraps, yard trimmings, and biosolids at the site. In November 2011, Palo Alto voters passed Measure E, which removed a 10-acre parcel of land adjacent to the Regional Water Quality Control Plant from dedication as parkland for a 10-year term, only for the limited use as an Energy/Compost Facility. The 10 acres were reserved exclusively for this purpose until November 2021, at which time the City Council could choose to return the area to parkland.

Key Sections from Ballot Measure E (Resolution) include the following:
•The Property shall be removed from dedication as parkland, for the exclusive purpose of building a facility (“Facility” herein) for converting yard trimmings, food waste, other 1 City Council, October 3, 2011; Agenda Item #10; SR #2037, https://www.cityofpaloalto.org/files/assets/public/from-archive/agendas-minutes-reports/reports/city-manager- reports-cmrs/2011/id-2037.pdf
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municipal organics and/or sewage sludge from the regional wastewater treatment plant by biological and/or other environmentally equally protective technology. •Ten years from the passage of this Initiative, the City Council may rededicate any portion of the Property not utilized for the purposes of this Initiative to parkland. •Any other use, except for parkland, would require a new vote of Palo Alto residents.

On December 8, 2014, City Council directed staff to not pursue the development of a compost facility (Staff Report 2). After an extensive process of requesting and evaluating proposals, staff concluded the compost facility was not cost effective. Palo Alto’s yard trimmings and food scraps are instead taken to a dry anaerobic digester in San Jose. On October 26, 2021, Public Works staff presented an update on Measure E (presentation3) to the Parks and Recreation Commission.

The Council approved PRC Work Plan4 includes a goal (#6) to identify, review, and recommend potential sites within our community to dedicate as parkland. The high priority of the goal is to review and make recommendations regarding potential dedication of the 10-acre Measure E site at Byxbee Park.

The Measure E site is bordered by the Regional Water Quality Control Plant, Emily Renzel Wetlands, and Byxbee Park (Attachment B). Approximately, one-third of the 10 acres is relatively flat terrain (from the exterior fence of the Regional Water Quality Control Plant to just beyond the service road), and the remaining two thirds is on a sloped hillside adjacent to Byxbee Park, which is the closed landfill. There is a Public Works post landfill closure maintenance facility on the Measure E site. Maintenance infrastructure, like these facilities, can be found in several parks and open space areas. This maintenance facility and the access road were in their current location (on parkland) prior to the 2011 Ballot Measure E.

ANALYSIS
On September 27, 2022, the PRC discussed and provided feedback regarding the dedication of the 10-acre Measure E site as parkland (Staff Report5). The PRC voiced support for dedicating the site as parkland. On October 25, 2022, the PRC voted 4- 2 to recommend that City Council 2 City Council, December 8, 2014; Agenda Item #14; SR #5182, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2014/id5182.pdf
3 Parks and Recreation Commission, October 26, 2021; Agenda Item #4; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2021-agendas-and-minutes/measure-e-site-prc-10-26-2021.pdf 4 Parks and Recreation 2022-2023 Work Plan; https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/agendas-minutes/parks-and-recreation-commission/parks-and-recreation-commission-2022- work-plan.pdf
5 Parks and Recreation Commission, September 27, 2022; Agenda Item #3; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2022-agendas-and-minutes/09.2022/measure-e-staff-report-

09.27.22.pdf
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dedicate the Measure E site (Staff Report 6). The Ad Hoc Committee articulated the following reasons for pursuing the parkland dedication:
•The Measure E site can only be used for the exclusive purpose of building a processing facility for yard trimmings, food waste and other organic materials. •Any non-parkland use, other than the one exactly specified in Measure E, would require a new vote of Palo Alto residents.
•Neither the Public Works nor Utilities Departments currently have plans for the Measure E site.
•The Measure E site includes a wildlife habitat corridor between the Renzel Wetlands and the Bay that should be protected, and a trail connection for a loop around Byxbee Park. •As dedicated parkland, the Measure E site would be limited to “park, playground, recreation, or conservation purposes (as defined by Article VIII of the Palo Alto City Charter). Dedicated parkland can't be used for non-park purposes unless a majority of the City's voters vote to un-dedicate the land.

The two Commissioners with dissenting votes suggested that the City do more research before concluding whether the site is a potential location for a processing facility for yard trimmings, food waste, and other organic materials. Several public speakers, many of whom were original sponsors of Measure E, encouraged the PRC not to rededicate the 10 acres as parkland. They encouraged more study of the feasibility of building a processing facility at the site. Other public speakers advocated for dedicating and protecting the 10-acre site for native plants and wildlife habitat.

Independent of these discussions, the City has proceeded with other sustainability and climate change related initiatives. This includes evaluating the development of an advanced water purification facility at the former Los Altos Treatment Plant, other wastewater treatment needs, and sea level rise planning. These interests could lead to other potential uses for the Measure E site. The City Council may wish to discuss these interests as part of its deliberations.

FISCAL/RESOURCE IMPACT
If City Council adopts the recommendation in this staff report, no additional budgetary action is required. The 10-acre site will remain in its current condition.

STAKEHOLDER ENGAGEMENT
6 Parks and Recreation Commission, October 25, 2022; Agenda Item #5; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2022-agendas-and-minutes/10.2022/prc-staff-report-measure-e-action-

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The following community meetings and hearings were held to obtain public input on the proposed policy:

1. September 27, 2022, Parks and Recreation Commission meeting

2. October 25, 2022, Parks and Recreation Commission meeting

ENVIRONMENTAL REVIEW
The recommendation does not meet the definition of a project under Section 21065 of the Public Resources Code (California Environmental Quality Act [CEQA] Guidelines Section 15378) because adoption of this policy would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS
Attachment A: Ordinance Re-Dedicating the Measure E site as Dedicated Parkland Attachment B: Measure E Site Map
APPROVED BY:

Kristen O'Kane, Community Services Director
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1 265_20230331_ts24

ORDINANCE NO. _

Ordinance of the Council of the City of Palo Alto Dedicating the Area Commonly Known as the Measure E Site as Parkland

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Improvements. The City Council finds and declares that:

(a) Article VIII of the Charter of the City of Palo Alto and section 22.08.00 4 of the Palo Alto Municipal Code specify that land intended to be used for park purposes can be dedicated for such use by ordinance.

(b) The Measure E site is defined as the area described in Exhibit A -2.1 to this ordinance. It is approximately 10 acres in size. It is bordered by the Cit y’s Byxbee Park, Emily Renzel Wetlands, and the Regional Water Quality Control Plant.

(c) The Measure E site was formerly part of Byxbee Park. The site was un-dedicated by a vote of the people in November 2011 pursuant to Resolution 9195 (passed August 1, 2011).

The terms of the ballot measure allow the site to be used only for a processing facility for yard trimmings, food waste and other organic materials. The measure allows the site to be re - dedicated after 10 years. No processing facility was ever built.

(d) The City intends to re-dedicate the Measure E site through this ordinance.

(e) Upon adoption of this ordinance, the Measure E site shall become part of Byxbee Park.

SECTION 2. The City Council hereby dedicates the Measure E site pursuant to Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code.

SECTION 3. Section 22.08.025 is hereby added to Chapter 22.08 (Park dedications) to read as follows:

22.08.025 Addition to Byxbee Park (former Measure E Site) That certain parcel of land as delineated and described in Exhibit A -2.1, formerly known as the Measure E site, is hereby reserved for park, playground, recreation or conservation purposes.

SECTION 4
. Exhibit A-2.1 of this ordinance shall be codified as Exhibit A-2.1 to the Exhibits for Title 22.

SECTION 5
. The City Council finds that this ordinance is not a project within the meaning of CEQA.

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SECTION 6. This ordinance shall be effective on the thirty -first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

Assistant City Attorney City Manager

Director of Community Services

Director of Public Works

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Exhibit A-2.1

Addition to Byxbee Park (former Measure E Site) – Legal Description All that certain real property situated in the City of Palo Alto, County of Santa Clara, State of California and more particularly described as follows; commencing at a four by four fence post as shown on that Record of Survey filed with the Santa Clara County Recorder in book 258 page 4 and 5 on August 15
th 1969; thence from said four by four fence post, South 88° 58' 50" East 415.54 feet; to a point on the southerly line of the Sewage Treatment Plant Parkland exclusion as said exclusion is shown on Exhibit A -2 of Section 22.08.020 of the Palo Alto Municipal Code, said point also being the True Point of Beginning for this description; thence from said True Point of Beginning the following four (4) courses and distances; south 36° 42' 20" East 209.06 feet; south 41° 31' 45" East 276.48 feet; south 53° 12' 33" East 180.61 feet; north 50° 22' 18" E ast 652.20 feet; thence North 41° 35' 41” West 633.72 feet to a point on said southerly line of the Sewage Treatment Plant Parkland exclusion; thence along said Sewage Treatment Plant Parkland exclusion; South 52° 42' 10" West 671.94 feet, to the True Point of Beginning.

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Attachment A: Measure E
Site Map
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: April 3, 2023
Report #: 2303-1074
TITLE
Update, Discussion, and Potential Direction regarding State and Federal Legislation

RECOMMENDATION
Staff recommends that the City Council receive an update on Federal and State Legislation.

Council Members may add additional legislation to the list of bills to monitor, and Council may provide direction regarding positions on pending legislation.

BACKGROUND AND ANALYSIS
On November 7, 2022, the City Council adopted the 2023 Legislative Guidelines (Attachment C)1 and a tentative 2023 Legislative Workplan (Attachment D). The guidelines provide a baseline for the City’s legislative advocates at the State and Federal level to advocate on the City’s behalf in relation to proposed legislation. Where the Guidelines provide sufficient direction, the City’s legislative advocates may discuss Palo Alto's interests with state legislators and their staff and / or may prepare a letter of advocacy in alignment with the guidelines for the Mayor's signature. This is key to enabling the City to weigh in on fast-moving developments.

The Legislative Workplan is intended to provide a roadmap of key dates throughout the legislative year.

In February 2023, the City Council approved a contract with Townsend Public Affairs to provide State and Federal advocacy services as well as grants applications and compliance services.

With respect to legislative advocacy, this contract continues the City‘s legislative affairs work that has been in place for many years. With respect to grants, the contract will augment the efforts of City staff to pursue grant opportunities that align with City goals, apply, and comply with reporting and other requirements.
1 https://www.cityofpaloalto.org/files/assets/public/city-manager/legislation/2023-legislative-guidelines-final.pdf and also included as Attachment C to the April 3 staff report Item 13
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For the April 3 City Council discussion, Townsend Public Affairs prepared the attached memo (Attachment A) on bills in the current legislative session. The memo is organized in the State updates section by pulling a handful of bills to the top and including specific Palo Alto impact information for those bills. The memo also lists other bills that Townsend is monitoring on behalf of the City. Staff will continue to analyze these bills with Townsend as they progress. If desired, Council members may also raise for discussion other legislation of Palo Alto interest that is not listed in the memo or may recommend action on any of the bills listed on the monitoring list. The memo also includes a Federal update.

The 2023 State legislative calendar (which includes deadlines and other important dates) can be found online at: https://www.assembly.ca.gov/system/files/2023- 01/2023_legislative_calendar_final.pdf. This calendar provides helpful context when reviewing the bills included in the Townsend memo.

Process:

The City Council expressed interest in being more involved in the legislative advocacy process, particularly related to State legislation. Going forward, Townsend and staff will regularly share legislative updates with the City Council based on the bills the City is monitoring or has taken positions on. If there are additional bills that Council members feel the City should be monitoring, please let staff know. Townsend and staff will review the bill and recommend a course of action. For context, the listed bills are being monitored in anticipation of potentially taking a position in the future depending on what happens with the bill.

Staff would like to confirm the process that the City Council will use for reviewing legislation. In prior years, the process has varied between going first to the Policy and Services Committee versus review directly by the full City Council. Given the City Council’s interest in discussing and receiving the updates, staff could plan on a monthly agenda item on legislation between February and June each year. For 2023, this would mean that another update will be scheduled in May and in June.

Upcoming Visits:

Townsend and staff are working to prepare a Sacramento Day for the City Council (aiming for April 19, but the date is tentative). The intent of the day is to meet with legislators and State agencies to discuss City priorities, especially related to funding. Townsend and staff continue to work on details for this visit.

Additionally, the National League of Cities conference takes place in the last week of March.

Townsend and staff are organizing meetings with relevant Federal agencies and the Item 13
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Washington, DC elected officials representing Palo Alto. The Mayor will represent Palo Alto for these meetings.

Lastly, Townsend and staff are coordinating visits from the legislators to Palo Alto. There are a few ideas under review and staff will update the Council when more information is available.

Other Information:

The City sent a letter recently to California Attorney General Bonta, requesting an investigation of the winter natural gas price spike. Governor Newsom requested a federal investigation (supported by Mayor Kou) that has now received a positive response from the Federal Energy Regulatory Commission (FERC). Palo Alto’s letter requests a similar investigation at the state level. On March 16, the California Public Utilities Commission (CPUC) formally opened an investigation. The letter is included as Attachment B for awareness (no action needed on it at this time).

FISCAL/RESOURCE IMPACT
There is no additional funding needed for this update report. The City Council budgets annually for the legislative advocacy services and these efforts are led by staff in the City Manager’s Office with stakeholder support across departments on key issues.

STAKEHOLDER ENGAGEMENT
Staff from multiple departments are involved in the legislative process in helping to review the impacts of bills as well as discussing grant opportunities linked to state and federal programs.

ENVIRONMENTAL REVIEW
The City’s legislative advocacy activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment).

ATTACHMENTS
Attachment A: Update Memo from Townsend Public Affairs
Attachment B: Letter to Attorney General Bonta - Natural Gas Prices Attachment C: 2023 Legislative Guidelines
Attachment D: Tentative 2023 Legislative Workplan
APPROVED BY:

Ed Shikada, City Manager
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1 M E M O R A N D U M

To: The Honorable Lydia Kou and Members of the Palo Alto City Council CC: Ed Shikada, City Manager
Chantal Cotton Gaines, Deputy City Manager

From: Townsend Public Affairs
Christopher Townsend, President
Niccolo De Luca, Vice President
Ben Goldeen, Federal Advocacy Manager
Alex Gibbs, Grants Manager
Carlin Shelby, Associate

Date: March 22, 2023

Subject: State and Federal Legislative Updates

Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Palo Alto to provide a summary of State and Federal efforts, highlight the current status of the legislative process, and identify various pieces of legislation that may be of interest to the City.

Overview

Nearing the end of March, the State Legislature has entered its high-paced period of the legislative cycle, which includes weekly robust agendas of policy committees and bill amendments. Since the bill introduction deadline in mid-February, the Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Additionally, there are six special session bills on the Governor’s declared special session to legislate high gas prices (3 each in the Assembly and Senate). These numbers constitute the highest number of bill introductions in a single session over the past decade.

Overarching legislative trends focus on opioid overdose prevention and response, housing production and strea mlining, behavioral health reform , proposals for new statewide general obligation bonds, and public safety reforms including addressing Proposition 47. While some of these trends will maintain relevance throughout the Session, others may be replaced by other issues, depending on events that will transpire over the year and the progression of bills throughout the various steps included in the legislative process.

Looking ahead, the Legislature will continue this pace of bill considerations until the focus once again shifts back to the State’s budget for the May Revision of the previously proposed January budget. The budget framework will guide policy considerations for bills that draw on state resources before the focus shifts once again to legislation as bills move over to the second house.

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2 Priority Legislation for the City of Palo Alto

1. Bills With City Positions

The following chart provides an overview of bills with pending positions taken as of March 21, 2023. (‘Pending’ positions means that staff drafted a letter for these bills based on the Legislative Guidelines. Though not required, staff looks for Council affirmation on these on April 3).

BILL SUMMARY/STATUS CITY IMPACT POSITION/

RECOMMENDATION
AB 1505
(Rodriguez)
Appropriates $250,000,000 for the purpose of
implementing the Seismic Retrofitting Program
for Soft Story Multifamily Housing
Status: Pending Policy Committee Referral
Seismic safety improvements
align with the Palo Alto City
Council’s 2023 Priority of
Community Health and Safety
and will help the City progress
in the seismic improvements
objective.

City Position:

Pending Support
SB 43
(Eggman)

Updates the definition of “gravely disabled” to
include a new focus on preventing serious
physical and mental harm stemming from a
person’s inability to provide for their needs for
nourishment, personal or medical care, find
appropriate shelter, or attend to self-protection
or personal safety, due to their mental or
substance use disorder.

Status: Will be heard in Senate Health
Committee March 29
One of the Palo Alto City
Council Priorities for 2023 is
Community Health and Safety
which includes some focus on
mental health. This bill seems
to align with that priority.

City Position:

Pending Support
SB 363
(Eggman)
Establishes a real-time, internet-based
dashboard to collect, aggregate and display
information about the availability of beds in a
range of psychiatric and substance abuse
facilities.

Status: Will be heard in Senate Health
Committee March 22.

One of the Palo Alto City
Council Priorities for 2023 is
Community Health and Safety
which includes some focus on
mental health. This bill seems
to align with that priority. The
City would need to further
analyze the resources required
for this legislation.

City Position:

Pending Support
SB 423
(Wiener)
Extends the provisions of SB 35 (Wiener,
Statutes of 2017) indefinitely. Removes coastal
exemption and objective planning standards
criteria.

Status: Passed the Senate Housing Committee
on a 6-1 vote. Referred to the Senate
Governance and Finance Committee.

Palo Alto has included in the
Legislative Guidelines many
principles to support local
control of land use and this bill
contrasts with that.

City Position:

Pending Opposition
SB 719
(Becker)
Requires law enforcement agencies to ensure
any non-confidential radio communications are
accessible to the public.

Status: Referred to Senate Public Safety
Committee. Pending hearing date.

The City Council supported
similar legislation in 2022. As
of Fall 2022, the City of Palo
Alto switched routine Palo Alto
Police radio transmissions to
now be broadcast on an
unencrypted channel. This bill
in it’s current form should not
affect Palo Alto operations.

City Position:

Pending Support

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3 2. Bills With Recommended Action

The following chart features two bills that TPA advocates have identified with recommendations for the City to take a formal position on, pending Council consideration and approval.

BILL SUMMARY/STATUS CITY IMPACT POSITION/

RECOMMENDATION
AB 68
(Ward)
Requires ministerial approval of infill multifamily
units up to 50 feet in defined "Climate Smart
Parcels" proximate to transit and commercial
clusters.

Status: Referred to Assembly Committees on
Housing and Local Government. Pending hearing
date.

Palo Alto has included in the
Legislative Guidelines many
principles to support local
control of land use and this
bill contrasts with that.

Recommendation:

Oppose
SB 405
(Cortese)
Requires for the 7th cycle housing element that
the planning agency notify the owner of a site
included in the site's inventory. If an owner
doesn't intend to develop at least 80% of the
number of units indicated, the site cannot be
included.

Status: Referred to Senate Housing Committee.

Pending hearing date.

Palo Alto has included in the
Legislative Guidelines many
principles to support local
control of land use. This bill
could create administrative
burdens related to site
inventory certification and
site identification for future
RHNA cycles.

Recommendation:

Oppose

3. Notable bills with Recommendations to Monitor Progress

The following chart encompasses priority legislation TPA advocates are monitoring on behalf of the City. Positions noted as “Recommendations” reflect the suggested position from TPA advocates and are subject to change, pending review of each bills’ impact on the City. Should the City Council or staff note any additional pieces of legislation to incorporate into this chart, TPA advocates will gladly accommodate. TPA can also provide a recommendation regarding to support or opposition to these bills if the City Council is interested in acting upon them at this time.

BILL SUBJECT SUMMARY STATUS POSITION/

RECOMMENDATION
AB 557
(Hart)
Open
Meetings
Extends modified teleconferencing
provisions under the Brown Act when a
declared state of emergency is in effect,
or in other situations related to public
health, indefinitely.

Referred to Assembly
Local Government
Committee. Pending
hearing date
Recommendation:

Monitor
AB 817
(Pacheco)
Open
Meetings
Allows subsidiary bodies of a local agency
to use alternative teleconferencing
provisions under the Brown Act, without
the need of a State of Emergency.

Referred to Assembly
Local Government
Committee. Pending
hearing date.

Recommendation:

Monitor
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RECOMMENDATION
AB 1484
(Zbur)
Labor
Relations
and
Retirement
Requires temporary employees of cities
and counties to join existing bargaining
units accessible to permanent employees.

Imposes requirements on employers with
temporary employees hired to do the
same or similar work performed by
permanent employees.

Pending Policy
Committee Referral
Recommendation:

Monitor
AB 1532
(Haney)
Housing and
Land Use
Makes the conversion of vacant office
buildings into residential developments a
use by right in all areas regardless of
zoning.

Pending Policy
Committee Referral
Recommendation:

Monitor
AB 1630
(Garcia)
Housing and
Land Use
Prohibits local governments from
prohibiting a dormitory on any real
property located within 1/2 mile of a
university campus, as long as specific
conditions are met relating to affordability
and student occupancy.

Pending Policy
Committee Referral
Recommendation:

Monitor
AB 1633
(Ting)
Housing and
Land Use
Specifies that a local agency has
disapproved a housing project in violation
of the Housing Accountability Act (HAA) if
it fails to make a determination that a
project is exempt from the California
Environmental Quality Act (CEQA), or
fails to adopt, certify, or approve certain
environmental documents under specified
circumstances.

Pending Policy
Committee Referral
Recommendation:

Monitor
AB 1637
(Irwin)
Informational
Technology
(IT)
Requires cities to switch to a .gov domain
if they have not already done so.

Switching to a .gov domain is free of cost
to qualified public agencies and
incorporates additional cyber security
protections. While free of cost, the update
could create additional work for City IT
departments.

Pending bill language. Recommendation:

Monitor
AB 1764
(Housing
Committee)
Housing and
Land Use
Makes several technical and clarifying
changes to code sections pertaining to
housing and community development.

Pending Policy
Committee Referral
Recommendation:

Monitor
ACA 1
(Aguiar-
Curry)
Revenue and
Taxation
Lowers the necessary voter threshold
from a two-thirds supermajority to 55
percent to approve local general
obligation (GO) bonds and special taxes
for affordable housing and public
infrastructure projects.

Pending Policy
Committee Referral
Recommendation:

Monitor
SB 251
(Newman)
Governance
and
Transparency
Prohibits an elected officer from
employment by any other elected officer
with the same constituency.

Referred to Senate
Elections and
Constitutional
Amendments
Committee. Pending
hearing date.

Recommendation:

Monitor
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5 BILL SUBJECT SUMMARY STATUS POSITION/

RECOMMENDATION
SB 252
(Gonzalez)
Labor
Relations
and
Retirement
Requires CalPERS to divest existing fossil
fuel company investments on or before
July 1, 2030.

Referred to Senate
Labor, Employment,
and Retirement
Committee. Set for
hearing on April 12.

Recommendation:

Monitor
SB 429
(Bradford)
Energy and
Utilities
Requires natural gas corporations to
credit customers all revenues, including
accrued interest, received as a result of
the greenhouse gas cap and trade
program. Requires those credits to be
distributed during the February billing
cycle, so as to coincide with the highest
usage gas utility bill during the year.

Amended with new
language 3/20.

Pending committee
assignment.

Recommendation:

Monitor
SB 450
(Atkins)
Housing and
Land Use
Identified as the SB 9 (Atkins, Statutes of
2022) "Clean up bill." Among other things,
prevents local agencies from creating
zoning, subdivision, and design rules that
do not apply equally to all development
within a particular area.

Referred to the Senate
Housing Committee.

Pending hearing date.

Recommendation:

Monitor
SB 567
(Durazo)
Housing and
Land Use
Provides renter protections including
expanding the population of protected
tenants, limiting allowable rent increases,
and closing loopholes related to the no-
fault just cause for eviction.

Pending committee
assignment.

Recommendation:

Monitor
SB 572
(Stern)
Energy and
Utilities
Requires the PUC, Energy Commission,
and the Federal Energy Regulatory
Commission to each consider imposing
additional requirements to protect
ratepayers from price spikes, stranded
assets, duplication of services, and the
risk of windfall profiteering and market
manipulation in wholesale and retail
markets.

Referred to Senate
Energy, Utilities, and
Communications
Committee. Pending
hearing date.

Recommendation:

Monitor

State Budget Update

The State’s budget is in a unique position this year as a result of the Internal Revenue Service (IRS) and Franchise Tax Board (FTB)’s decision to extend the tax filing deadline for the 51 counties impacted by the winter storms to October 16, 2023.

The Legislature has a constitutional responsibility to approve a budget n o later than June 15, which is historically based on revenues received by the State through the April 15 tax filing deadline. Since the tax filing deadline has been extended five months beyond its original date, the Legislature approve a budget with a general frame work for its spending plan in June with subsequent alterations towards the end of the year.

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6 Governor Newsom Announces Plans to Bolster the State’s Response to Homelessness and Behavioral Health

In lieu of a State of the State this year, Governor Newsom opted to hold a statewide tour and meet directly with residents and make major announcements related to reducing homelessness, improving public safety, reducing health care costs, and initiating mental health care reforms.

On Sunday March 19, the Governor concluded his tour by discussing reforms that would go on the 2024 ballot to improve how California treats mental health and substance use disorders. The Governor’s proposal breaks down to three main components:

• A general obligation bond to finance the construction of thousands of new community mental health facilities throughout the state.
• Reforms to the MHSA, directing $1 billion annually to pay for housing and other community-based residential solutions, expanding treatment eligibility to include those with substance use disorders, and creating greater flexibility in the use of remaining funds. • Alignment of behavioral health benefits across all health plans in California and new accountability and oversight measures for county behavioral health plans.

It is anticipated that these reforms will complement the rollout of the Governor’s CARE Court plan initiated last year, which e stablishes the Community Assistance, Recovery, and Empowerment (CARE) Court Prog ram and the CARE Act to provide comprehensive treatment, housing and support services to Californians with complex behavioral health care needs.

FEDERAL UPDATES

Congressionally Directed Spending Submittal

The City/TPA team worked in partnership to draft, fine tune, and submit a congressionally directed spending request for infrastructure funding to help redevelop the Buena Vista Mobile Home Park.

The Park, a locally significant affordable housing resource, is in desperate need of sustainable redevelopment, including 100% electrification. An award would assist the predominantly Latinx and very low-income residents who call it home. This application was in partnership with the Santa Clara County Housing Author ity and the requested amount was $2 million dollars. The request was submitted to Senator Padilla, Senator Feinstein, and Congresswoman Eshoo.

President Biden Releases FY24 Budget

President Biden released the FY24 budget proposal outlining his vision to build on the Administration’s work of lowering costs for families, protecting and strengthening Social Security and Medicare, reducing the deficit, and more. The $6.8 trillion budget proposal for FY2024 includes tens of billions of dollars in new spending and tax increases, which will likely face pushback from Congressional Republicans. The President’s proposal would increase spending by $400 billion from last year.

The proposal calls for new taxes on wealthy Americans and corporations and using those funds to help extend Medicare’s solvency by 25 years. The proposed budget increases defense spending by $26 billion to a total of $842 billion, a 3.2% increase from last year. The Homeland Security Department would get $4.7 billion to help respond to the migration surge at the U.S. - Mexico border.

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7 Additional federal agencies would see double-digit spending boosts including proposed spending increases to: Agriculture 14%; Commerce 11%; Education and Energy 13.6%; HHS 11.5%; Interior 9.3%; Justice 5.9%; Labor 11.5%; State 11%; Transportation 6.7%; and Treasury 15%.

The budget brings back some of the administration’s original goals of Build Back Better, to build off the success of the Inflation Reduction Act. These include additional education, housing, and climate provisions. The full budget text can be found here: www.whitehouse.gov/omb/budget/

Highlighted provisions include:

Housing and Housing Assistance

• $59 billion in mandatory funding and tax incentives aimed at increasing the affordable housing supply, incl uding for extremely low -income households. Includes $10 billion in mandatory funding to incentivize State, local, and regional jurisdictions to make progress in removing barriers to affordable housing developments, such as restrictive zoning. The Budget also includes $10 billion in mandatory funding for a new First -Generation Down Payment Assistance program. And the Budget expands access to affordable rent through the Housing Choice Voucher (HCV) program to well over 200,000 additional households— including guaranteed assistance for all 20,000 youth who age out of foster care annually and an incremental expansion to cover the 450,000 extremely low -income (ELI) veteran families nationwide.
• $4.1 billion for the Low Income Home Energy Assistance Program (LIHEAP), building on the $13 billion provided in the Inflation Reduction Act to reduce energy bills for families, expand clean energy, transform rural power production, and create thousands of good- paying jobs for people across rural America. Since the Low Income Household Water Assistance Program (LIHWAP) expires at the end of 2023, the Budget proposes to expand LIHEAP funding and allow States the option to use a portion of their LIHEAP funds to provide water bill assistance to low-income households.

Public Safety

• Continued funding to the President’s comprehensive Safer America Plan, including funding to put 100,000 additional police officers on our streets for accountable, community-oriented policing; $19.4 billion over 10 years for crime prevention strategies; and $5 billion over 10 years for community violence interventions. The Budget also includes $17.8 billion for DOJ law enforcement, including a total of nearly $2 billion for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to expand multijurisdictional gun trafﬁcking strike forces with additional personnel, increase regulation of the ﬁrearms industry, and implement the Bipartisan Safer Communities Act. • The Budget includes nearly $25 billion for U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). The Budget includes funds for CBP to hire an additional 350 Border Patrol Agents, $535 million for border technology at and between ports of entry, $40 million to combat fentanyl trafficking and disrupt transnational criminal organizations, and funds to hire an additional 460 processing assistants at CBP and ICE.

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8 Climate Resiliency and Disaster Preparedness

• $4.5 billion in clean energy across America. The Budget supports clean energy workforce development and sustainable infrastructure projects across the country, including $1.8 billion to weatherize and retrofit low-income Americans’ homes. • More than $24 billion to help build communities’ resilience to floods, wildfires, storms, extreme heat, and drought brought on by climate change, expand conservation and ecosystem management, strengthen America’s natural disaster response capabilities, increase the resilience of rural housing to the impacts of climate change while reducing rent burdens, and ensure the resilience of our nation’s defense to climate change. • Increased investment to tackle the Wildfire crisis. FY 2024 budget request for the Department of the Interior’s (DOI) wildland fire and hazardous fuels management totals $1.33 billion, and for the Department of Agriculture (USDA) Forest Service’s wildland fire and hazardous fuels management totals $2.97 billion. These investments are designed to increase firefighters’ pay, expand firefighting capacity, and enhance support for firefighter health and wellbeing.

Federal Aviation Administration Reauthorization

Federal lawmakers face a September 30, 2023 deadline to reauthorize the Federal Aviation Administration and the House Transportation and Infrastructure Committee and Senate Commerce Committee are working to craft the must -pass legislation. FAA Reauthorization sets funding levels and policies for FAA programs and grants, including policy around air traffic operations, airport improvement grants, and NextGen technology. Finding remedies for flight disruptions, aging technology, and cramped seating, and managing new entrants into the airspace will be at the center of the debate.

House Transportation and Infrastructure Committee Chairman Sam Graves (R -MO) has set an aggressive timeline to move FAA Reauthorization legislation, stating in February that he wanted to bring legislation to the floor of the House of Representatives this July. This timeline would put the House ahead of the Senate, setting up conference negotiations over August and September, with likely final action in September or later in the fall. I f a deal slips past the September 30 deadline, a short-term extension of current authorizations would be necessary.

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CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 March 10, 2023

The Honorable Rob Bonta
Attorney General, State of California
Department of Justice
P.O. Box 944255
Sacramento, CA 94244-2550

RE: Request from the City of Palo Alto to Investigate the High Cost of Natural Gas Prices

Dear Attorney General Bonta:

As the Mayor of Palo Alto, I want to respectfully request the assistance of your office to investigate the high costs of natural gas that is having a negative impact on our families, our energy reduction efforts, and our purchasing authority.

The City of Palo Alto is the only municipality in California that operates a full suite of city- owned utility services, including water, electric, gas, sewer, refuse, storm drain, and a dark fiber loop. Natural gas prices were at historic levels in January 2023 and we paid between $4 per therm and $5 per therm for gas in January 2023 which is approximately four times the $1/therm rate in January 2022. This is compounded by the recent storms and cold fronts that have brought rare snow to Santa Clara County, Alameda County, and Marin County, and other locations throughout the Bay Area.

Even with the City using reserves to mitigate the price increases and not passing the full cost of January gas through to customers, residents are greatly impacted by these cost increases. We have received multiple reports of residents with monthly bills exceeding $1,000, which is an extraordinary hardship.

The City is providing free access to the Home Efficiency Genie program, sharing energy saving tips, and offering special payment plan arrangements for those who need extra time paying their winter gas bills for 6 to 8 months. These measures help in this situation but the stability of the gas rates going forward is more important to ensuring continued financial stability for our residents.

It is clear that the root causes of these extraordinary prices warrant further examination which is why we are requesting the assistance of your office. We need the focus of our federal agencies and State agencies to utilize all investigatory resources on assessing whether market manipulation, anticompetitive behavior, or other anomalous activities are driving these ongoing elevated prices in the western gas markets. If it is determined that companies profited inappropriately, we hope that your office will hold the actors accountable, and ratepayers receive refunds for these ill-gotten gains.

We expressed our strong support to the Governor for his recent request to the Federal Energy Regulatory Commission (FERC) for immediate attention to the matter of escalating wholesale Item 13
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CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 natural gas prices impacting customers in California and other western states. We are grateful for his leadership and are willing and ready to partner with your office to take the necessary steps to address high natural gas prices.

Whereas this important matter impacts my city and our region, and also has a negative impact on the entire state of California.

Thank you for your consideration.

Sincerely,

Lydia Kou
Mayor
City of Palo Alto

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The City of Palo Alto’s 2023 Federal and State Legislative Guidelines

Page 1 of 3 ends

Palo Alto City CouncilApril 3, 2023

Palo Alto City Council
April 3, 2023