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HomeMy WebLinkAboutStaff Report 2408-3360CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, December 02, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     11.Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions) Public Comment City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Police Meeting Date: December 2, 2024 Report #:2408-3360 TITLE Approval of Amendment Number 1 to Contract Number S23187316 with Flock Safety in the amount of $349,808 for Automated License Plate Recognition (ALPR) to Implement 10 Additional Cameras and Extend the Term through December 2029 in a new not to exceed of $524,208; CEQA status – categorically exempt (Section 15321 enforcement actions) RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Amendment Number 1 to Contract Number S23187316 with Flock Safety for Automated License Plate Recognition (ALPR) to add 10 ALPR cameras and extend the term through December 2029 in an amount not to exceed $349,808. This amendment results in a revised not to exceed amount $524,208. EXECUTIVE SUMMARY The Police Department currently utilizes twenty Flock fixed ALPR cameras, which provide real- time alerts and investigative leads regarding stolen vehicles and plates, and vehicles associated with criminal activity. The deployment of fixed ALPR and the associated surveillance use policy was approved by the City Council in 20231. Based on the success of the initial deployment and in response to the identification of high-traffic areas lacking coverage, the Department is seeking to add ten additional cameras and extend the term of the contract for all thirty cameras for an additional forty-one months. The cost of the new cameras will be entirely covered by grant funding for the first three years. BACKGROUND On April 3, 2023, the City Council approved a three-year contract, in the amount of $174,400, with Flock Safety for the deployment of twenty fixed ALPR cameras, as well as the associated Surveillance Use Policy1. Based on the success of the twenty ALPR cameras already deployed, and the identification of specific areas where additional cameras would be useful, the Police Department proposes deploying ten additional ALPR cameras and extending the term of the contract for all thirty cameras thru December of 2029. ANALYSIS Automated License Plate Recognition (ALPR) technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The cameras, which are mounted to fixed infrastructure (e.g., lamp posts or street signs), capture computer-readable images that allow law enforcement to compare plate numbers against plates of known stolen vehicles or vehicles associated with individuals wanted on criminal charges. When a match is found, a real-time alert is generated, notifying police of the location where the image of the stolen or wanted vehicle was captured. ALPR data is also used by investigators, after a crime has been committed, to identify and locate associated vehicles. The deployment of Flock fixed ALPR cameras in Palo Alto began in July of 2023, with all twenty cameras operational by November of 2023. Since that time, the Department has used these cameras to great effect. Real-time alerts generated by the ALPR cameras have resulted in the recovery of dozens of stolen vehicles and stolen license plates, the apprehension of numerous wanted persons, and the seizure of firearms. In addition, ALPR has been used to safely locate missing persons. Data captured by the ALPR cameras has also assisted investigators in identifying and arresting numerous felony suspects after crimes have been committed. A few particularly notable examples to illustrate the variety of successful applications of Flock ALPR in Palo Alto over the past 12 months include: An elderly man, who suffers from dementia, was discovered to have taken his caregiver’s vehicle without permission and was missing. Flock data was used to determine his path of travel and locate him safely within the hour. Two suspects committed an armed robbery in Palo Alto after having just committed an armed robbery in another city. A Flock real-time alert allowed officers to locate the vehicle within minutes, apprehend the suspects, and recover multiple firearms. 1 City Council, April 4, 2023, Item # 11, SR #2301-0741 https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=1105&compileOutputType= 1 Two suspects committed a robbery at a shopping center and injured a police officer during their escape. Flock data was used to identify and locate the suspect vehicle and arrest both suspects within 24 hours. A suspect was arrested in connection with a series of felony retail thefts. Investigators were able to strengthen their case by using Flock data to confirm that the suspect’s vehicle had, in fact, been in the area at the times of the thefts. A vehicle used in the commission of a homicide in another city entered Palo Alto. A Flock real-time alert allowed officers to locate the vehicle within minutes, and detain a suspect who was subsequently arrested by the investigating agency. To derive maximum benefit with the fewest cameras needed, the Department placed its initial twenty ALPR cameras at strategically selected locations based on several factors: crime statistics, common vehicular ingress and egress points, and traffic volume. The Department has identified other ingress and egress points without existing camera coverage, which suspects appear to be using to circumvent ALPR detection. Deploying ALPR cameras in these areas would provide more comprehensive coverage of vehicular ingress and egress points known to be used by suspects. The Department has also identified other heavily trafficked areas within the city with no existing camera coverage. Deploying ALPR cameras in these areas would allow officers to locate suspect vehicles more quickly within the City following an initial alert upon entry. The Department proposes to add ten total new cameras (for an on-going total of 30), to accomplish these goals. Additional Flock ALPR cameras will be deployed, and the associated data used, consistent with the Fixed ALPR surveillance use policy already approved by the City Council in 2023. In relevant part: Data will only be accessible to trained staff with a legitimate law enforcement need, and all queries will be logged and subject to audit. The Department will only share its data with other local law enforcement agencies with whom an MOU is in place. Neither the Department, nor Flock Safety, will share the Department’s data with any non-law enforcement entities. Data not saved as evidence in a specific criminal investigation will be purged after 30 days. The Department will continue to make accessible to the public, via its ALPR webpage2, relevant policies as well as information concerning the number of cameras deployed, the data retention 2 PAPD ALPR Webpage https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Automated-License-Plate- Recognition-ALPR period, and the names of law enforcement agencies with whom it shares data. Flock Safety will also continue to maintain a publicly accessible Transparency Portal3 containing much of the same information. Since implementation, the Department has conducted quarterly compliance audits of Flock system access by its users to ensure that searches are only being conducted for legitimate law enforcement purposes and consistent with Department policy and the applicable surveillance use policy. These audits found no incidents of unauthorized access or misuse. Compliance audits will continue during the term of the amended agreement. This report recommends the Council approve an Amendment No. 1 to Contract No. S23187316 with Flock Safety for implementation of ten additional ALPR cameras and extension of terms for all thirty ALPR cameras through December 2029. Contract Amendment with Flock Safety The proposed contract amendment calls for Flock Safety to install 10 additional ALPR cameras at locations identified by the Police Department, and to maintain a total of 30 ALPR cameras at locations identified by the Department. It also calls for Flock Safety to provide the Department with searchable access to its ALPR data, and to store the data for 30 days. The amended contract will have a five-year term, extending the existing term by forty-one months thru December 2029. The original contract1 was approved by Council on April 03, 2023 and was exempted from the competitive solicitation process to piggyback from City of Alameda’s solicited contract, under PAMC § 2.30.360(k). The ten additional cameras will come at an increased rate under the terms of the amendment as Flock has since increased its rates from those in the original contract; as such, the Department is exempting the amendment by § 2.30.360(d). Flock ALPR technology is currently the city standard for fixed ALPR, with 20 cameras deployed. Although, there may be comparable cameras on the market, it would be cost-prohibitive and inefficient to run multiple platforms due to incompatibility with existing City infrastructure. In addition, because Flock ALPR equipment is used by all the City’s neighboring law enforcement agencies, the Department’s use of Flock technology is critical to ensuring inter-agency investigative and enforcement collaboration, as data is shared among agencies pursuant to MOU. The Department is requesting to acquire the equipment directly from the manufacturer, as no other vendor provides, installs, or services Flock ALPR equipment. 3 PAPD Flock Transparency Portal https://transparency.flocksafety.com/palo-alto-ca-pd TIMELINE The Department is informed that, following Council approval, Flock Safety can complete the installation of the additional ten cameras within approximately sixty days. FISCAL/RESOURCE IMPACT Just as with its existing Flock ALPR cameras, the Department is contracting for the installation and use – not the purchase – of ten additional ALPR cameras. Flock Safety will complete the installation and setup of the cameras. The cameras require no utility connection. Flock Safety will maintain or replace the cameras as needed. Data storage will be the responsibility of Flock Safety, who will be responsible for maintaining CJIS data protocols, and the data will be accessed via a web platform, requiring no new software. Under the terms of the existing agreement, the City has already paid $144,400 of the amended not-to-exceed total of $524,208 (for implementation and use of the existing cameras in FY 2023- 2025). Under the terms of the amended agreement, the total cost of the Flock ALPR program in FY 2025 will be $85,000, with $35,808 of that being attributable to the amendment (installation and use of the new cameras) and the balance having already been paid. This new cost will be covered by grant funding obtained by the Department via the State’s Organized Retail Theft (ORT) Grant Program. In FY 2026, the total cost of the Flock ALPR program will be $83,500; $33,500 of this cost will be covered by ORT grant funding, with the balance subject to appropriation of funds through the annual budget process. In FY 2027, the total cost of the Flock ALPR program will be $93,500; $33,500 of this cost will be covered by ORT grant funding, with the balance subject to appropriation of funds through the annual budget process. In FY 2028 and FY 2029, the total cost of the Flock ALPR program will be $93,500 annually, with the cost subject to appropriation of funds through the annual budget process unless staff can identify additional funding. The amendment also included $7,500 to be used to cover any costs associated with the relocation of cameras or damages not covered by warranty. STAKEHOLDER ENGAGEMENT Since February of 2023, the Department has maintained an informational webpage, including an opportunity for community comments or questions. The Department has not received any substantive comments during the past 12 months. ENVIRONMENTAL REVIEW Approval of this agreement is categorically exempt under CEQA regulation 15321 for enforcement actions. ATTACHMENTS Attachment A: Amendment Number 1 to Contract No. S23187316 with Flock Safety Attachment B: Council-approved Palo Alto Police Fixed ALPR Surveillance Use Policy APPROVED BY: Andrew Binder, Police Chief Vers.: Aug. 5, 2019 Page 1 of 18 AMENDMENT NO. 1 TO CONTRACT NO. S23187316 BETWEEN THE CITY OF PALO ALTO AND FLOCK GROUP INC. dba FLOCK SAFETY This Amendment No. 1 (this “Amendment”) to Contract No. S23187316 (the “Contract” as defined below) is entered into as of December 6, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and FLOCK GROUP INC. dba FLOCK SAFETY, a Delaware corporation, Department of Industrial Registration No. PW-LR-1000674310, located at 1170 Howell Mill Road NW, Suite 210, Atlanta, Georgia, 30318 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of leasing and installing Automated License Plate Reader System (ALPR) equipment, as detailed therein. B. The Parties now wish to amend the Contract in order to install ten (10) additional ALPR cameras to lease; extending term by 41 months from June 30, 2026 to December 5, 2029; and increasing not to exceed compensation by Three Hundred Forty Nine Thousand Eight Hundred Eight Dollars and Twenty Two Cents ($349,808.22), from One Hundred Seventy Four Thousand Four Hundred Dollars ($174,400) to Five Hundred Twenty Four Thousand Two Hundred Eight Dollars and Twenty Two Cents ($524,208.22). NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S23187316 between CONSULTANT and CITY, dated April 1, 2023. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through December 5, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. ” SECTION 3. Section 4. “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 2 of 18 “The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Five Hundred Sixteen Thousand Seven Hundred Eight Dollars and Twenty Two Cents ($516,708.22). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the total not- to-exceed compensation amount of Seven Thousand Five Hundred Dollars ($7,500) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Five Hundred Twenty Four Thousand Two Hundred Eight Dollars and Twenty Two Cents ($524,208.22), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 3 of 18 SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”, ADDED / AMENDED, REPLACES PREVIOUS. b. Attachment “A” entitled “FALCON CAMERAS SPECIFICATIONS”, AMENDED, REPLACES PREVIOUS. c. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, ADDED / AMENDED, REPLACES PREVIOUS. d. Exhibit “C” entitled “COMPENSATION”, ADDED / AMENDED, REPLACES PREVIOUS. e. Exhibit “C-1” entitled “SCHEDULE OF RATES” AMENDED, REPLACES PREVIOUS. f. Exhibit “J” entitled “FLOCK GROUP SERVICES ADDITIONAL TERMS OF SERVICE” AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 4 of 18 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or Designee FLOCK GROUP INC. dba FLOCK SAFETY Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments:  EXHIBIT A – SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  ATTACHMENT A-1 – FALCON CAMERA SPECIFICATIONS, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT B – SCHEDULE OF PERFORMANCE, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT C – COMPENSATION, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT C-1 – SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT J – FLOCK GROUP SERVICES ADDITIONAL TERMS OF SERVICE, (AMENDED, REPLACES PREVIOUS). Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Mark Smith General Counsel Garrett Langley CEO Vers.: Aug. 5, 2019 Page 5 of 18 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this 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 ALPR 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 description of product and services shall perform as detailed in Attachment A-1 C. CONSULTANT’s database video footage on visual and contextual evidences are downloadable data deliverables to provide CITY users. 1. 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 options for solar or AC power camera install feasibility for of up to Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 6 of 18 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 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 standard 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) cameras 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. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 7 of 18 2. Additional APLR Installation, Amendment No. 1 (one-time service per camera location) a) On scheduled start date, CONSULTANT shall mount ten (10) Falcon Camera devices (specifications are in detail reference as Attachment A-1) that meet standard 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) The additional ten (10) cameras, as designated by CITY per location, 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) 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. II. 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. III. 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. IV. ADVANCED SEARCH CONSULTANT shall collaborate with CITY police 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 which the LPR Advance Search functioning features shall perform to include:  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 traveling together to identify accomplices in organized crimes (i.e. Motor Vehicle theft & drug trafficking). V. ADDITIONAL SERVICES (Optional) CITY can request for additional surveillance relocation(s), which shall be mutually written in Agreement as detailed therein within a Task Order (Exhibit A-1 form) per Section 4 of the Agreement. CONSULTANT shall perform the following optional Additional Services Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 8 of 18 for: a) camera relocations; and b) camera and/or pole replacement to reinstall damage, theft or vandalism of ALPR equipment. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 9 of 18 ATTACHMENT A-1 FALCON CAMERAS SPECIFICATIONS, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT’s Falcon Cameras LPR products, services, features, and general install shall perform in detail within the description listed below: FlockOS Features Description FlockOS ™ - Essentials An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve efficiency, and connect the community. Flock Safety Falcon ® Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. Flock Safety Advanced Search Advanced Search is an optional upgrade for Law Enforcement Grade Falcon cameras. Advanced Search includes Convoy Analysis, Multi Geo Search, and Visual Search. Flock Safety Falcon ® Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. Flock Safety Falcon ® Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. Professional Services - Existing Infrastructure Implementation Fee One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. FlockOS Features & Description FlockOS Features Description Community Network Access The ability to request direct access to feeds from privately owned Flock Safety Falcon® LPR cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases. Unlimited Users Unlimited users for FlockOS State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your state. Nationwide Network (License Plate Lookup Only) With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations. Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside of your jurisdiction. 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. Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports. ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture. Real-Time NCIC Alerts on Flock ALPR Cameras Receive automated alerts when vehicles entered into established databases for missing and wanted persons are detected, including the FBI’s National Crime Information Center (NCIC) and National Center for Missing & Exploited Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 10 of 18 Children (NCMEC) databases. 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 CONSULTANT shall perform general installation requirement as describe in detail below: 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 Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 11 of 18 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) 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 (Completed) 2. 20 ALPR Services w/ Advanced Search – Year 1 (July 13, 2023 - July 12, 2024) Ongoing within term of Agreement (Completed) Amendment No. 1 3. ALPR Services 20 Cameras w/ Advanced Search – Year 2 (July 13, 2024 – December 5, 2025) Ongoing within Term of Agreement 4. ALPR Services 10 Camera Installation – Year 2 (one-time service only) Ongoing within Term of Agreement 5. 10 ALPR Services w/ Advanced Search – Year 2 (December 6, 2024 - December 5, 2025) Ongoing within term of Agreement (subject to completion of milestone 3) 6. 30 ALPR Services w/ Advanced Search – Year 3 (December 6, 2025 - December 5, 2026) Ongoing within term of Agreement 7. 30 ALPR Services w/ Advanced Search – Year 4 (December 6, 2026 - December 5, 2027) Ongoing within term of Agreement 8. 30 ALPR Services w/ Advanced Search – Year 5 (December 6, 2027 - December 5, 2028) Ongoing within term of Agreement 9. 30 ALPR Services w/ Advanced Search – Year 6 (December 6, 2028 - December 5, 2029) Ongoing within term of Agreement Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 12 of 18 (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. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 13 of 18 EXHIBIT C COMPENSATION, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) 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 Exhibit 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 (paid in full) Task 2 (ALPR Services 20 Cameras w/ Advanced Search – Year 1 [July 13, 2023 - July 12, 2024]) $52,500 (paid in full) AMENDMENT NO.1 Task 3 (ALPR Services 20 Cameras w/ Advanced Search – Year 2 [July 13, 2024 – December 5, 2025]) $55,808.22* (partially paid $52,500) Task 4 (ALPR Services 10 Camera Installation – Year 2 [one-time service only]) $1,500 Task 5 (ALPR Services 10 Cameras w/ Advanced Search – Year 2 [December 6, 2024 - December 5, 2025]) $33,500) Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 14 of 18 Task 6 (30 ALPR Services w/ Advanced Search – Year 3 [December 6, 2025 - December 5, 2026]) $83,500 Task 7 (30 ALPR Services w/ Advanced Search – Year 4 [December 6, 2026 - December 5, 2027]) $93,500 Task 8 (30 ALPR Services w/ Advanced Search – Year 5 [December 6, 2027 - December 5, 2028]) $93,500 Task 9 (30 ALPR Services w/ Advanced Search – Year 6 [December 6, 2028 - December 5, 2029]) $93,500 Sub-total for Services $516,708.22 Reimbursable Expenses (if any) $0 Total for Services and Reimbursable Expenses $516,708.22 Additional Services (if any, per Section 4 [Year 1 through 6]) $7,500 Maximum Total Compensation $524,208.22 *Prorated Falcon Camera Lease & Software Licensing for (previously installed) 20 annual licensing fees to cover during initial subscription start date of 07/12/25 through 11/25/25 will be at NO COST included in this balance for year 2 of 6 Service to bridge over cumulative fees to integrate with 10 added LPRs. *Prorated Flock Safety Advanced Search for (previously installed) 20 annual access fees to cover during initial subscription start date of 07/12/25 through 11/25/25 will be at NO COST included in this balance for Service year 2 of 6 Service to bridge over cumulative fees to integrate with 10 added LPRs. *Prorated Falcon Camera Lease & Software Licensing for (previously installed) 20 annual licensing fees to cover during initial subscription start date of 11/13/25 through 12/5/25 will be at $3,808.22 included in this balance for year 2 of 6 Service to bridge over cumulative fees to integrate with 10 added LPRs. *Prorated Flock Safety Advanced Search for (previously installed) 20 annual access fees to cover during initial subscription start date of 11/13/25 through 12/5/25 will be at $143.84/day included in this balance for year 2 of 6 Service to bridge over cumulative fees integrating with 10 added LPRs. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 15 of 18 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 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. Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 16 of 18 EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT’s schedule of rates is as follows: CONSULTANT’s Professional Services and One-Time Installation Purchases: Description (Year 1, 20 LPR Services) 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 Description (Year 2, 10 LPR Services) Price/Usage Fee Qty Subtotal Professional Services - Standard Implementation $150.00 10.00 $1,500.00 Hardware and Software Products Recurring costs over 10 added APLR camera subscription 5-year term (December 6, 2024 thru December 5, 2029): Description Price/Usage Fee Qty Subtotal Falcon Camera Lease & Software Licensing (annually) $3,000.00 10.00 $30,000.00 Flock Safety Advanced Search (annually) $3,500.00 1.00 $3,500.00 Recurring costs over 20 existing ALPR camera previously installed for continuing service subscription to cover until December 5, 2026. Recurring costs for additional 10 ALPR subscription are effective December 6, 2024: Description (effective since Jul. 1, 2023 Dec 1, 2026,) Price/Usage Fee Qty Subtotal 20 Falcon Camera Lease & Software Licensing (annually) $2,500.00 20.00 $50,000.00 20 Flock Safety Advanced Search (annually) $2,500.00 1.00 $2,500.00 Description (effective Dec. 2, 2024 until Dec. 1, 2029) Price/Usage Fee Qty Subtotal 10 Falcon Camera Lease & Software Licensing (annually) $3,000.00 10.00 $30,000.00 10 Flock Safety Advanced Search (annually) $3,500.00 1.00 $3,500.00 Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 17 of 18 EXHIBIT J FLOCK GROUP SERVICES ADDITIONAL TERMS OF SERVICE, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) 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: james.reifschneider@cityofpaloalto.org Expected Payment Method: \FSExpectedPaymentMethod1\ Billing Contact: \FSBillingContact1\ (if different than above) Initial Term: 80 months Optional Renewal Term: 0 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 (Effective Jul. 1, 2023 thru Dec. 5, 2024) Price/Usage Fee QTY Subtotal Professional Services - Standard Implementation Fee $350.00 14.00 $4,900.00 Professional Services - Advanced Implementation Fee $750.00 6.00 $4,500.00 Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Vers.: Aug. 5, 2019 Page 18 of 18 Professional Services – Existing Infrastructure, Standard Implementation (effective Dec. 6, 2024 $150.00 10.00 $1,500 Hardware and Software Products Annual recurring amounts over subscription term Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 TOTAL CU R R E N T 20 50,000 50,000 50,000 adv search 2,500 2,500 2,500 FlockOS install 9,400 61,900 52,500 52,500 AD D 10 30,000 30,000 adv search 1,000 1,000 FlockOS incl incl 32,500 3,000 Prorated Annual/Access Fee 3,308.22 RE N E W 30 90,000 90,000 90,000 adv search 3,500 3,500 3,500 FlockOS incl incl incl 93,500 93,500 93,500 Subtotal 61,900 88,308.22 83,500 93,500 93,500 93,500 514,208.22 AM E N D M E N T N O . 1 30 61,900 88,308.22 83,500 90,000 90,000 90,000 adv search 1,000 Combined cost included above 3,500 3,500 3,500 FlockOS incl incl incl incl incl install 1,500 Amending NTE Total 61,900 90,808.22 83,500 93,500 93,500 93,500 516,708.22 Annual Subscription with Installation Subtotal Year 1: $61,900.00 Annual Subscription w/ Installation Year 2 Subtotal: $90,808.22 Annual Subscription Year 3 Subtotal: $83,500.00 Annual Subscription Year 4 Subtotal: $93,500.00 Annual Subscription Year 5 Subtotal: $93,500.00 Annual Subscription Year 6 Subtotal $93,500.00 Total Year 1 through 6 Subscription Amount: $516,708.22 Additional Services for Camera & Pole Relocation/Replacement (if any): $ 7,500.00 Maximum Subscription and Additional Services Total: $524,208.22 Docusign Envelope ID: 6EE3AC1E-8953-47D3-856A-80DA617364D5 Certificate Of Completion Envelope Id: 6EE3AC1E895347D3856A80DA617364D5 Status: Sent Subject: Docusign: Amendment No.1 S23187316 Flock_ALPR_FINAL.pdf Source Envelope: Document Pages: 18 Signatures: 2 Envelope Originator: Certificate Pages: 3 Initials: 0 Mai, Philip AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Philip.Mai@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 11/14/2024 2:58:51 PM Holder: Mai, Philip Philip.Mai@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Mark Smith mark.smith@flocksafety.com General Counsel Flock Group Inc Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 75.238.233.32 Sent: 11/14/2024 3:08:26 PM Viewed: 11/15/2024 4:30:51 PM Signed: 11/15/2024 4:31:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Garrett Langley garrett@flocksafety.com CEO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 104.28.32.197 Signed using mobile Sent: 11/15/2024 4:31:17 PM Resent: 11/16/2024 7:36:49 AM Viewed: 11/16/2024 7:54:53 AM Signed: 11/16/2024 7:55:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Philip Mai Philip.Mai@CityofPaloAlto.org Buyer City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 11/16/2024 7:55:14 AM Viewed: 11/16/2024 8:17:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp James Reifschneider James.Reifschneider@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kyle Egkan kyle.egkan@flocksafety.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tariq Bright tariq.bright@flocksafety.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jack Hackworth jake.hackworth@flocksafety.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angelica Ricafort Angelica.Ricafort@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Clerks's Office Org ClerksOffice@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign James LaCamp james.lacamp@flocksafety.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/14/2024 3:08:26 PM Envelope Summary Events Status Timestamps Envelope Updated Security Checked 11/16/2024 7:36:48 AM Envelope Updated Security Checked 11/16/2024 7:36:48 AM Envelope Updated Security Checked 11/16/2024 7:36:48 AM Envelope Updated Security Checked 11/16/2024 7:36:48 AM Payment Events Status Timestamps 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: 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 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. 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 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. 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. From:Kat Snyder To:Council, City; Binder, Andrew Subject:Use of Flock cameras, Item 11 Date:Monday, December 2, 2024 10:42:10 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council and Police Chief Binder, I have concerns about expanding our use of Flock cameras, particularly in the current political climate. When the Trump administration takes over, we will have more surveillance aroundwomen's doctor appointments and around immigrants living their lives. As a Sanctuary city and county, I worry that setting up the infrastructure for this surveillance can easily lead to itbeing used for purposes we didn't choose. The ACLU warns against using Flock cameras - they note that the default use of Flock sets up a nationwide surveillance network that can be accessed by more than just law enforcement - infact, private entities can make their own "hot lists." Flock wants to become the default surveillance system for law enforcement across the country and sharing data with theircustomers all across the country is part of their competitive advantage. I'm grateful that we chose much more stringent data management than the default but I'm worried that it clashes with Flock's bottom line. How do we know that, when it comes down toit, they will respect our data privacy? I say this because a few years ago Palantir swore that their products were not used by ICE when, in fact, they were behind the largest immigrationenforcement workplace raid in US history. What verification systems do we have set up to make sure Flock is doing what they say? Once the cameras are in place, do we have a way to verify that the data they collect (license plate,make/model, color, bumper stickers) cannot expand beyond that to, for example, facial recognition? The company plans to enter into facial recognition and other AI/ML spaces, sothis is not just an idle question. There are many more concerns about Flock but in the interest of keeping this brief, I will just drop a link to the ACLU's white paper on Flock in case it is of interest:https://www.aclu.org/wp-content/uploads/publications/flock_1.pdf Take care, ~Kat SnyderPalo Alto Resident