HomeMy WebLinkAboutRes2023-101 Flock Safety License Plate Recognition System AgreementRESOLUTION 2023-101
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH FLOCK
GROUP, INC. FOR THE FLOCK SAFETY LICENSE PLATE RECOGNITION
SYSTEM AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended executing an Agreement for the installation of License
Plate Recognition cameras with Flock Group, Inc. ("Flock"); and
WHEREAS, because Flock is the chosen vendor for the North County Dispatch Center, this
purchase is considered a sole source purchase pursuant to the Village's purchasing policies and
procedures; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Agreement with Flock Group, Inc. for the
installation of the Flock Safety License Plate Recognition System with eight cameras at various
locations within the Village and authorizes the Village Manager to execute the Agreement and an
Addendum, copies of which are attached hereto and incorporated herein. The total cost of the
Agreement shall not exceed $53,200.00 (subject to annual recurring fees), with funds expended
from Account No. A5711-33491 (Police — Contractual Services).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 14TH DAY OF DECEMBER, 2023.
0
VILLAGE CLERK
DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B
Flock Safety + FL - North Palm Beach
PD
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:
Todd Troutman
todd.troutman@flocksafety.com
7703102987
frock safety
DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B
Customer:
Legal Entity Name:
Accounts Payable Email -
Address:
f ock safety
FL - North Palm Beach PD
FL - North Palm Beach PD
mapplegate@village-npb.org
560 Us Highway 1 North Palm Beach, Florida
33408
Hardware and Software Products
Annual recurring amounts over subscription term
Flock Safety Platform
Flock Safety Flock OS
F1ockOS TM
Flock Safety LPR Products
Flock Safety Falcon
Professional Services and One Time Purchases
EXHIBIT A
ORDER FORM
Initial Term:
Renewal Term:
Payment Terms:
Billing Frequency:
Retention Period:
Included
Included
24 Months
24 Months
Net 30
Annual Plan - First Year Invoiced at Signing.
30 Days
Quantity
8
Total
Included
Included
Item
Cost
Quantity
Total
Flock Safety Professional Services
Professional Services - Standard Implementation Fee
$650.00
8
Subtotal Year 1:
Annual Recurring Subtotal:
Estimated Tax:
$5,200.00
$29,200.00
$24,000.00
$0.00
Contract Total: $53,200.00
DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B
Billing Schedule
Year 1
At Contract Signing
Annual Recurring after Year 1
Contract Total
*Tax not included
$29,200.00
$24,000.00
$53,200.00
DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B
Product and Services Description
Product Descriptio
Terms
Flock Safety Falcon ®
An infrastructure -free license plate reader camera that utilizes Vehicle
Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock
Hardware.
One -Time Fees
Service Description
Installation on existing
infrastructure
Professional Services - Standard
Implementation Fee
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
with the Flock Safety Standard Implementation Service Brief.
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Community
FloekOS Features
1 Community Cameras (Full Access)
Unlimited Users
ITime & Location Based Search
ILicense Plate Lookup
Vehicle Fingerprint Search
ESRI Based Map Interface
Real -Time NCIC alerts sent to Shared Agencies
IUnlimited Custom Hot Lists
Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited users for F1ockOS
Search full, partial, and temporary plates by time at particular device locations
Look up specific license plate location history captured on Flock devices
Search footage using Vehicle FingerprintTM technology. Access vehicle type, make, color, license plate
state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Safety's maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor
plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems,
utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e.,
hospitals, corporate campuses, universities)
Alert sent to any shared community Law Enforcement agency when a vehicle entered into the NCIC crime
database passes by a Flock camera
Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock camera
DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B
By executing this Order Form, Customer represents and warrants that it has read and
agrees all of the terms and conditions contained in the Terms of Service located at
https://www.flocksafetv.com/terms-and-conditions
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC.
By:
Name:
Title:
Date:
Customer: FL - North Palm Beach PD
DocuSigned by: ,- DocuSigned by:
hut 5 W (&
Mark smith
General Counsel
12/15/2023
By:
Name:
Title:
Date:
PO Number:
Chuck Huff
village manager
12/14/2023
After signed contract
DocuSign Envelope ID: 62CE527F-E1 E5-4A6E-AFAC-049DC62F4CA9
ADDENDUM TO TERMS AND CONDITIONS
THIS ADDENDUM is made as of the 14th day of December, 2023, by and between the
Village of North Palm Beach, a Florida municipal corporation ("Village"), and Flock Safety
Group, Inc. ("Flock").
In consideration of the mutual promises contained in this Addendum and the Order Form
(including general terms and conditions) executed by the parties (collectively "Agreement"),
the Village and Flock agree as follows:
1. Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the Village or Flock, nor shall
this Agreement be construed a waiver of sovereign immunity beyond the limited
waiver provided in Section 768.28, Florida Statutes. The Village shall not be required
to indemnify Flock.
2. Section 8.5 of the general terms and conditions is hereby amended to provide that at
a minimum, Flock shall maintain worker's compensation and employer's liability
insurance for all employees engaged in work pursuant to the Agreement,
comprehensive general liability insurance with bodily injury and property damage
limits of not less than one million dollars ($1,000,000) and comprehensive automobile
liability insurance with bodily injury and property damage limits of not less than one
million dollars ($1,000,000).
3. Section 9.3 of the general terms and conditions is hereby amended to delete the last
sentence limiting the amount of the indemnity obligation.
4. Section 11.8 of the general terms and conditions is hereby amended to require prior
written consent of the Village to reference and use the Village's logo in business and
development marketing efforts.
5. Flock is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of the
Agreement and in furtherance thereof, may demand and obtain records and
testimony from Flock and its subcontractors. Flock understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of Flock
or its subcontractors to fully cooperate with the Inspector General when requested
may be deemed by the Village to be a material breach of the Agreement justifying
termination.
6. As required by Section 119.0701, Florida Statutes, Flock shall:
a. Keep and maintain public records required by the Village to perform the
service.
b. Upon request from the Village's custodian of public records, provide the Village
with a copy the requested records or allow the records to be inspected or
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DocuSign Envelope ID: 62CE527F-E1 E5-4A6E-AFAC-049DC62F4CA9
copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the
Agreement if Flock does not transfer the records to the Village.
d. Upon completion of the Agreement, transfer, at no cost, to the Village all public
records in possession of Flock or keep and maintain public records required
by the Village to perform the services. If Flock transfers all public records to
the Village upon completion of the Agreement, Flock shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If Flock keeps and maintains public records
upon completion of the Agreement, Flock shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the Village, upon request from the Village's custodian of public
records, in a format that is compatible with the information technology systems
of the Village.
IF FLOCK HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO FLOCK'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-
3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
7. Pursuant to Section 448.095(2), Florida Statutes, Flock shall: (a) register and use the
E-Verify system to verify the work authorization of newly hired employees and require
all subcontractors (providing services or receiving funds under this Agreement) to
register and use the E-Verify system to verify the work authorization status of the
subcontractor's newly hired employees; (b) secure an affidavit from all subcontractors
(providing services or receiving funding under this Agreement) stating that the
subcontractor does not employ, contract with, or subcontract with unauthorized
aliens; (c) maintain copies of all subcontractor affidavits for the duration of the
Agreement; (d) comply fully with Section 448.095, Florida Statutes; (e) be aware that
a violation of Section 448.09, Florida Statutes, shall be grounds for termination of this
Agreement; and (f) be aware that if Village terminates this Agreement under Section
448.095(2)(c), Florida Statutes, Flock may not be awarded a public contract for at
least one year after the date on which the Agreement is terminated.
8. In the event any lawsuit is brought to enforce compliance with the terms of the
Agreement or interpret same, or if any administrative proceeding is initiated for the
same purposes, the prevailing party shall pay to the non -prevailing party reasonable
attorney's fees and costs, including appellate fees and costs. Venue for any action
arising out of this Agreement shall be exclusively in Palm Beach County, Florida.
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DocuSign Envelope ID: 62CE527F-E1 E5-4A6E-AFAC-049DC62F4CA9
9. In the event of any conflict between the terms of this Addendum and the Order Form
(including the general terms and conditions), the terms of this Addendum shall
control.
IN WITNESS WHEREOF, the Village and Flock have made and executed this Addendum
as of the day and year first above written.
Village of North Haelm: Beach: Flo ,Gr up ;Inc.
ocu Igo
By: ���� By:
D. Charles Huff, Village Manager
Name:
Title:
Mark smith
General counsel
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