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20-21
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Last modified
7/29/2021 2:20:40 PM
Creation date
4/16/2021 3:18:21 PM
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Resolutions
Number
20-21
Date
4/15/2021
Description
Authorizing the City Manager to Negotiate and Enter into an Agreement with Flock Safey for up to Forth (40) Automatic License Plate Reader (ALPR) Cameras Not to Exceed $120,000 Annually and Appropriate $120,000 from the Unreserved General Fund in Fiscal Year 2020-2021 for ALPR Expenses
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ffock safety <br />representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or <br />resulting from any of the foregoing. <br />4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to <br />collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and <br />other information relating to the provision, use and performance of various aspects of the Services and related <br />systems and technologies (including, without limitation, information concerning Agency Data and data derived <br />therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any <br />personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or <br />aggregated data based on Agency Data and Non -Agency End User Data input into the Services (the "Aggregated <br />Data"). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during <br />and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the <br />Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime <br />prevention efforts, and (ii) disclose the Agency Data and Non -Agency End User Data (both inclusive of any <br />Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search <br />access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set <br />forth herein. <br />5. PAYMENT OF FEES <br />5.1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware (as described <br />on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 7th day following the <br />Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the <br />Initial Fees have been made and shall have no liability resulting from any delay related thereto. Agency shall pay <br />the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in <br />advance of each payment period. All payments will be made by either ACH, check, or credit card. The first month <br />of Flock Services corresponding to the first Usage Fee payment will begin upon the first installation of Hardware. <br />For Agencies who purchase ten (10) or more Units, in the event that only a portion of the Units are installed at the <br />first installation with additional Units to be installed at a later date, Usage Fees shall be calculated on a pro rata basis <br />corresponding to the then -installed Units. Agencies will be invoiced for the additional Units immediately upon <br />installation of the remaining Units. <br />5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges <br />and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such <br />Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email), Agency believes that Flock <br />has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the <br />first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries <br />should be directed to Flock's customer support department. Agency acknowledges and agrees that a failure to <br />contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result <br />of such billing error. <br />5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for <br />invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. <br />Unpaid amounts are subject to a finance charge.of 1.5% per month on any outstanding balance, or the maximum <br />permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of <br />Service. To the extent allowable by law or Agency regulations pertaining to tax-exempt entities, Agency shall be <br />responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income. <br />5.4 No -Fee Term Access. Subject to Flock's record retention policy, Flock offers complimentary access to the <br />Flock System for thirty (30) days ("No Fee Term") to Agency when Non -Agency End Users intentionally prescribe <br />access or judicial orders mandate access to Non -Agency End User Data. Agency agrees to pay the Initial Fees and <br />Usage Fees according to Section 5.1 and will receive Flock's complimentary access to the Flock Service and <br />Footage for no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely <br />the result of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency <br />Resolution 20-21 Page 9 <br />
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