Loading...
Res 2023-101 Flock Safety License Plate Recognition System AgreementFlock 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 DocuSign Envelope ID: 4B49F19C-99F0-48F8-B99D-961BAC08647FDocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B EXHIBIT A ORDER FORM Customer: FL - North Palm Beach PD Initial Term: 24 Months Legal Entity Name: FL - North Palm Beach PD Renewal Term: 24 Months Accounts Payable Email: mapplegate@village-npb.org Payment Terms: Net 30 Address: 560 Us Highway 1 North Palm Beach, Florida 33408 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 30 Days Hardware and Software Products Annual recurring amounts over subscription term Item Cost Quantity Total Flock Safety Platform $24,000.00 Flock Safety Flock OS FlockOS ™ Included 1 Included Flock Safety LPR Products Flock Safety Falcon ® Included 8 Included Professional Services and One Time Purchases Item Cost Quantity Total One Time Fees Flock Safety Professional Services Professional Services - Standard Implementation Fee $650.00 8 $5,200.00 Subtotal Year 1: $29,200.00 Annual Recurring Subtotal: $24,000.00 Estimated Tax: $0.00 Contract Total: $53,200.00 DocuSign Envelope ID: 4B49F19C-99F0-48F8-B99D-961BAC08647FDocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B Billing Schedule Billing Schedule Amount (USD) Year 1 At Contract Signing $29,200.00 Annual Recurring after Year 1 $24,000.00 Contract Total $53,200.00 Tax not included DocuSign Envelope ID: 4B49F19C-99F0-48F8-B99D-961BAC08647FDocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B Product and Services Description Flock Safety Platform Items Product Description 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 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. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - 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. FlockOS Features & Description Package: Community FlockOS Features Description Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you. Unlimited Users Unlimited users for FlockOS Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks. ESRI Based Map Interface 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) Real-Time NCIC alerts sent to Shared Agencies Alert sent to any shared community Law Enforcement agency when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists 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: 4B49F19C-99F0-48F8-B99D-961BAC08647FDocuSign 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.flocksafety.com/terms-and-conditions/L1/ The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: FL - North Palm Beach PD By: \ FSSignature2\ By: \ FSSignature1\ Name: \ FSFullname2\ Name: \ FSFullname1\ Title: \ FSTitle2\ Title: \ FSTitle1\ Date: \ FSDateSigned2\ Date: \ FSDateSigned1\ PO Number: DocuSign Envelope ID: 4B49F19C-99F0-48F8-B99D-961BAC08647F 12/15/2023 Mark Smith General Counsel DocuSign Envelope ID: 564A4B85-B302-49FF-AE62-6DE61E839D4B Chuck Huff Village manager After signed contract 12/14/2023 Page 1 of 3 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 DocuSign Envelope ID: C1C76493-9059-47FD-BB1B-4429FB13996ADocuSign Envelope ID: 62CE527F-E1E5-4A6E-AFAC-049DC62F4CA9 Page 2 of 3 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. DocuSign Envelope ID: C1C76493-9059-47FD-BB1B-4429FB13996ADocuSign Envelope ID: 62CE527F-E1E5-4A6E-AFAC-049DC62F4CA9 Page 3 of 3 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 Palm Beach: Flock Group, Inc. By: By: Charles D. Huff, Village Manager Name: Title: DocuSign Envelope ID: C1C76493-9059-47FD-BB1B-4429FB13996A Mark Smith General Counsel DocuSign Envelope ID: 62CE527F-E1E5-4A6E-AFAC-049DC62F4CA9