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Home My WebLink About2022-05-11 PSC Regular Meeting Agenda PacketCITY OF PALM DESERT PUBLIC SAFETY COMMISSION AGENDA WEDNESDAY, MAY 11, 2022 PALM DESERT CITY HALL 73-510 FRED WARING DRIVE, PALM DESERT CA 92260 ADMINISTRATIVE CONFERENCE ROOM 3:30 P.M. CITY OF PALM DESERT, CALIFORNIA I.CALL TO ORDER II.ROLL CALL III.ORAL COMMUNICATIONS Any person wishing to discuss any item not appearing on the agenda may address the Public Safety Commission at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless the Public Safety Commission authorizes additional time. Because the Brown Act does not allow the Public Safety Commission to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for a report and recommendation at a future Public Safety Commission meeting. Reports and documents relating to each of the following items listed on the agenda are available for public inspection at the City Manager’s Office and on the City’s website at www.cityofpalmdesert.org. IV.CONSENT CALENDAR A. MINUTES of the Regular Public Safety Commission meeting of April 13, 2022. Rec: Approve as presented. Action: B.RECEIVE AND FILE Palm Desert Specialized Units End of the Month Report for April 2022. Rec: Receive and file. Action: AGENDA PUBLIC SAFETY COMMISSION May 11, 2022 2 C.RECEIVE AND FILE Riverside County Fire Department/Cal Fire End of the Month Reports for April 2022. Rec: Receive and file. Action: D.RECEIVE AND FILE Code Compliance Weekend Reports for April 2022 Rec: Receive and file. Action: E.RECEIVE AND FILE Emergency Services Coordinator Monthly Reports for April 2022. Rec: Receive and file. Action: V.PRESENTATIONS AND UPDATES A.Citizens on Patrol Program a.Cops Caller April 2022 b.Monthly Report for April 2022 B.Police and Fire Departments C.Staff VI.NEW BUSINESS A.REQUEST FOR RECOMMENDATION to City Council the Award of a Contract to Flock Safety for a Fixed Location Automated License Plate Recognition (ALPR) System. Rec: By minute motion, approve a recommendation to City Council the award of a contract to Flock Safety for a fixed location Automated License Plate Recognition (ALPR) system. Action: B.REQUEST FOR CONSIDERATION of the FY 2022/23 Police and Fire Budgets. Rec: By minute motion, provide a recommendation to the City Council on the FY 2022/23 police and fire budgets. Action: AGENDA PUBLIC SAFETY COMMISSION May 11, 2022 3 VII.COMMISSIONER, COUNCIL-LIAISON, AND STAFF COMMENTS A.Public Safety Commissioners B.Council-Liaison Comments/Updates C.Staff Comments VIII.ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Public Safety Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 6th day of May 2022 Erika Castellano Erika Castellano, Recording Secretary CITY OF PALM DESERT PUBLIC SAFETY COMMISSION PRELIMINARY MINUTES WEDNESDAY, APRIL 13, 2022 RIVERSIDE COUNTY FIRE DEPARTMENT STATION 33 3:30 P.M. I.CALL TO ORDER Chair Luhring called the meeting to order at 3:31 p.m. II.ROLL CALL Present: Chair Doug Luhring Vice Chair Frank Taylor Commissioner Jeff Alley Commissioner Gary Bindman Commissioner Joseph Butts Absent: Commissioner Terry Kramer Commissioner Wendy cross Also Present: Andy Firestine-Assistant City Manager/Director of Public Works Stephen Aryan-Community Resource Manager Battalion Chief Pete Tierney-Riverside County Fire Department Division Chief Mike Beverlin-Riverside County Fire Department Erika Castellano-Recording Secretary III.ORAL COMMUNICATIONS None. IV.CONSENT CALENDAR A. MINUTES of the Regular Public Safety Commission meeting of March, 2022. Public Safety Commission Preliminary Minutes April 13, 2022 Page 2 Item A was removed from the Consent Calendar by Vice Chair Taylor for separate consideration. B. RECEIVE AND FILE Palm Desert Specialized Units End of the Month Report for March 2022. C. RECEIVE AND FILE Riverside County Fire Department/Cal Fire End of the Month Reports for March 2022. D. RECEIVE AND FILE Code Compliance Weekend Reports for March 2022. Upon a motion by Commissioner Alley, seconded by Commissioner Butts, and a 5-0-2 vote of the Public Safety Commission, items B through D on the consent calendar were approved as presented. (AYES: Alley, Bindman, Butts, Kramer, Luhring, Taylor; NOES: None; ABSENT: Kramer, Cross). Upon a motion by Commissioner Alley, seconded by Commissioner Butts, item A on the consent calendar was approved as presented with a consensus vote, with the exception of Vice Chair Taylor’s inclusion as he was not present at the previous meeting. V. PRESENTATIONS AND UPDATES A. Citizens on Patrol Program a. Cops Caller March 2022 b. Monthly Reports for March 2022 i. Mr. Alley relayed to the Commission that the Citizens on Patrol was down to 23 active members. B. Riverside County Fire Department Presentation C. Staff a. Andy Firestine asked the Public Safety Commission if they would like to continue meeting in person, to which the commission agreed. The next scheduled meeting will take place at 3:30pm on Wednesday, May 11, 2022 at the City of Palm Desert. Public Safety Commission Preliminary Minutes April 13, 2022 Page 3 VI. NEW BUSINESS A. REQUEST FOR RECOMMENTATION on that the Palm Desert City Council approve a two-year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000; and authorize the City Manager to execute the agreement, as approved to form by the City Attorney. Upon a motion by Commissioner Alley, seconded by Commissioner Butts, and a 5-0-2 vote of the Public Safety Commission, they recommended that the Palm Desert City Council approve a two-year agreement for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160,000; and authorize the City Manager to execute the agreement, as approved to form by the City Attorney. (AYES: Alley, Bindman, Butts, Luhring, Taylor; NOES: None; ABSENT: Cross, Kramer) B. Complete a tour of the Riverside County Fire Department Station 33 upon adjournment. VII. COMMISSIONER, COUNCIL-LIAISON, STAFF COMMENTS A. Commission-None B. Council-Liaison-None C. Staff-None VIII. ADJOURNMENT Chair Luhring adjourned the meeting at 4:26 p.m. ________________________________ Erika Castellano Recording Secretary Bill Weiser Jurisdiction Summary for City of Palm Desert Fire Chief Riverside County Fire Department/ CAL FIRE 4/1/2022 1:40:11 PM to 4/30/2022 1:40:11 PM Incident Response Activity *At least 1 Resource Dispatched #Incident Type Com Fire 1 False Alarm 64 Haz Mat 1 Medical 735 Other Fire 1 Other Misc 1 Public Service Assist 49 Res Fire 3 Rescue 2 Ringing Alarm 5 Standby 3 Traffic Collision 33 898Incident Total Average Enroute to On-Scene Time *Units Responding Charlie, Delta, Bravo, Echo, Code 3 5 132 489 1 4.29 77.99 <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average Min % 0 to 5 Min Enroute Time: Unit has been acknowledged as responding. On-Scene Time: Unit has been acknowledged as being On-Scene. Transport *Based on Units with a Transport time Jurisdiction Ambulance Responses DRM 37 EMC 343 JFK 4 Total: 384 Ambulance Mutual Aid Given DRM 10 EMC 137 JFK 2 Total: 149 Ambulance Mutual Aid Received DRM 9 EMC 104 JFK 3 Total: 116 Mutual Aid *Unit responses Jurisdiction Units Responses 461Engine 623Medic 200Patrol 110Truck/Quint 1,394Total: Mutual Aid Given 235Engine 225Medic 81Patrol 2Squad 59Truck/Quint 602Total: Mutual Aid Received 2Breathing Support 13Chief 309Engine 1Environmental Health 1HazMat 202Medic 4PIO 1Squad Page 1 of 35/1/2022 1:40:18PM 1Truck/Quint 534Total: Page 2 of 35/1/2022 1:40:18PM Truck Report T33 recorded 110 responses in City of Palm Desert from 4/1/2022 1:40:11 PM to 4/30/2022 1:40:11 PMT86 recorded 1 responses in City of Palm Desert from 4/1/2022 1:40:11 PM to 4/30/2022 1:40:11 PMSignificant Incidents On , Unit from CAL FIRE / Riverside County Fire Department responded to a reported structure at 44393 Lingo Ln in the City of Palm Desert. The first arriving Company Officer reported a heavy fire in the back corner of the residence. A coordinated effort of by firefighters contained the fire to two bedrooms and exterior patio covers, however extensive overhaul needed due to the fire loading inside of the residence. Red Cross was requested for one resident who is displaced with 5 dogs. City of Palm Desert Building and Safety will need to respond due to the structure being uninhabitable. No injuries were reported to civilians or firefighters on the conclusion of the Incident. 22CARRU052103 On , Cal Fire/Riverside County Fire Department resources were dispatched to a reported commercial structure fire in the laundry area of the Westin Desert Villas. The first arriving engine company found a fire within some laundry items in the laundry room. The fire control system contained the fire to the area of origin with minimal fire spread. There was smoke and water damage in the commercial services area and firefighters performed water removal operations to minimize the water damage. There was no civilian or firefighter injuries. 22CARRU052586 On , Cal Fire/Riverside County Fire Department resources were dispatched to a reported structure fire with explosion. Upon the arrival at scene of the first Fire Department company officer, smoke was seen emitting from an attached garage. The fire was contained by the residential fire suppression system and fire resources ensured the fire did not spread from the area of origin. There was no injuries to civilians or Fire Department staff. The residence was able to remain occupied. 22CARRU055567 On , Cal Fire/Riverside County Fire Department resources were dispatched to a reported structure fire with explosion. Upon the arrival at scene of the first Fire Department company officer, smoke was seen emitting from an attached garage. The fire was contained by the residential fire suppression system and fire resources ensured the fire did not spread from the area of origin. There was no injuries to civilians or Fire Department staff. The residence was able to remain occupied. 22CARRU055567 Page 3 of 35/1/2022 1:40:18PM CITY OF PALM DESERT CODE COMPLIANCE DIVISION SHORT- TERM RENTAL ACTIVITY REPORT Pedro Rodriguez Code Compliance Supervisor prodriguez@cityofpalmdesert.org 760-776-6442 CODE COMPLIANCE DIVISION SHORT-TERM RENTAL ACTIVITY REPORT This reporting period will reflect proactive patrols and investigations for the month of April. Code Compliance swing shift officer performed 2076 routine proactive patrols including monitoring short-term rental properties and responding to complaints regarding short- term rental violations. He performed and responded to 95 routine and after-hours code compliance complaints. During this reporting period the music festivals returned to the Coachella Valley resulting in an increase of calls for service and citations issued. During this reporting period, twenty-six citations were issued for operating and/or advertising a short-term rental without a valid permit. March-22 Total Inspections Routine Proactive STR inspections 2076 Code Compliance Routine After-hours Complaints 95 TOTAL INSPECTIONS 2171 Citations Issued Operating without a Short-term Rental Permit 26 Unruly Gathering/Noise Disturbance 0 No Onsite Owner 0 Occupancy Violation (minimum number of days) 0 Occupancy Violation (maximum number of guest) 0 Failure to Respond within 30 Minutes 0 Failure to Renew Short-Term Rental Permit 0 Failure to Remove Waste Container/Debris 0 Other Operational Violations 0 Other Citations 0 TOTAL CITATIONS ISSUED 26 Short-Term Rental Citations and Fines Citations issued 26 Fines issued $130,000 Fines Collected $60,000 APRIL 2022 2171 2076 1220 500 1000 1500 2000 2500 Total Inspections STR Inspections Code Cases 0 5 10 15 20 25 30 Total Citations Issued No STR Permit Operational Violations Other Citations CITATIONS ISSUED Staff Name: Michael Ornelas Division: Emergency Services Division Service Area: City of Palm Desert Reporting Period: April 7-May 3, 2022 In support of the City of Palm Desert’s, Emergency Preparedness Program, I engaged in, or completed, the following activities during the reporting period: •Community Outreach: o Continued HOA radio testing. The next test cycle will be on May 12, 2022 o Attended the Coachella Valley Disaster Preparedness Network HOA Disaster Academy o Contacted four community members with information on upcoming CERT training o Represented the City of Palm Desert at the Coachella Valley Emergency Managers Meeting o Represented the City of Palm Desert at the RCEMA meeting o CERT training for the 13-15 of May at the Monterey Country Club •City Internal Activities: o Participated in the City of Palm Desert Public Safety Commission meeting to discuss a variety of safety initiatives o Working with Riverside County EMD on LHMP o Continuing to work with J. Barron (EMD) for EMPG Funding o Attended a three-day Mitigation for Emergency Managers class (G393) o Updated City of Palm Desert’s work plan for Riverside County EMD o Attended MGT 905 ICS-400 Command and General Staff-Complex Incidents •Future Activities: o Update emergency preparedness information on City website o Conduct EOC training for City leadership and staff o Update Municipal Code STAFF REPORT CITY OF PALM DESERT PUBLIC SAFETY COMMISSION MEETING DATE: May 11, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager REQUEST: Recommend to City Council the Award of a Contract to Flock Safety for a Fixed Location Automated License Plate Recognition (ALPR) System. _________________________________________________________________________ Recommendation By minute motion, recommend to City Council the award of a contract to Flock Safety for a fixed location Automated License Plate Recognition (ALPR) system. Background Analysis On February 9, 2022, the Public Safety Commission recommended the advertisement of a Request for Proposal (RFP) for a fixed location Automated License Plate Recognition (ALPR) system. City Council similarly supported the release of this RFP on February 24, 2022. Advertisement of the RFP commenced on March 18, 2022, and the City received three responses: Consultant Location Flock Safety Atlanta, GA Morgner Construction Management Los Angeles, CA Motorola Solutions Chicago, IL A review and selection committee comprised of three members of the Public Safety Commission, the liaison of the City Council to the Public Safety Commission, a representative of the Riverside County Sheriff’s Department, and two members of City staff reviewed the three proposals and met on May 4, 2022, to review the qualifications of each proposal. Flock Safety submitted the most responsive bid to the RFP. Flock Safety contracts with over 1,000 cities and 1,500 law enforcement agencies across the country. They currently contract with the Riverside County Sheriff’s Department together with 15 cities within the county, including Cathedral City and Indio. Flock Safety operates a subscription-based model of $2,500 per camera per year, which includes all hardware, software, and LTE connectivity, together with a one-time fee of May 11, 2022 Recommendation to Award Contract – ALPR Technology at Selected Intersections Page 2 of 2 $350 per camera. Flock Safety has provided a bid for a 49-camera deployment that would cost $140,050 in the first year and $126,000 each year thereafter. Fiscal Analysis The project is contemplated in the FY 2022/23 budget and sufficient funding will be available with the adoption of the budget by City Council. ATTACHMENTS: Flock Safety proposal Your partner in fighting crime Jesse Mund 713.899.6379 jesse.mund@flocksafety.com City of Palm Desert RFP 2022-RFP-105 City of Palm Desert RFP Committee, We appreciate the opportunity to bid on this project. Based on the needs shared we are confident that we can deliver a system that will help prevent and reduce crime. When we started Flock Safety in 2017, we were just concerned citizens trying to use our talents in electrical engineering and software development to help our neighborhoods stop property crime. Since that time, we’ve heard from Sheriffs, Chiefs of Police, Command Staff, City Councils, Business Leaders, and other Concerned Neighbors like us from all across the country. There is a growing desire to work together to eliminate crime and I believe that with the right technology, hard-working officers, and community engagement we can make a serious dent in the crime in your jurisdiction. And it's working today in 1500+ cities, with 1000+ law enforcement agencies across the country. We’re seeing lower crime rates, kidnapping victims returned to their families unharmed, tens of millions of dollars in recovered stolen vehicles, illegal weapons taken off the streets, a renewed energy among detectives and patrol officers, and most importantly, communities that support their local law enforcement because they are safer than ever before. moreover, Flock is the only company in this space that views privacy as a deliverable, and we will continue to do so in perpetuity. We want to continue that success with you and your community, so that you can: • Use the latest, most advanced technology to capture better evidence • Build tighter partnerships between law enforcement and the community you serve • Have a local team of Flock Safety reps dedicated to working with you and serving you Together, we can change the fabric of our country. We look forward to hearing from you and hope you will join the “flock”! Thank you, Garrett Langley Founder and CEO 1170 Howell Mill Rd Unit 210, Atlanta, GA 30318 PH- 866-901-1781 Cover Letter City of Palm Desert RFP Committee, Thank you for taking time to evaluate Flock! A quick introduction to your Southern California Team is included, but as requested in the RFP, I want to introduce the Major Account Manager and Project Lead Mr. Jesse Mund. His contact information is: Jesse Mund Major Account Manager-West 713-899-6379 Jesse.mund@flocksafety.com Current Residence: San Diego, CA Flock Safety has been working with Riverside County Sheriff’s office as well as other police departments within the county to provide a county wide tool to enhance public safety within the region. Current customers in the county include: 1.Riverside County Sheriff 2.Murietta PD 3.Beaumont PD 4.Hemet PD 5.Cathedral City PD 6.Menifee PD 7.City of Moreno Valley 8.City of Lake Elsinore 9.City of Norco 10.City of Canyon Lake 11.Cathedral City PD 12.Indio PD 13.Corona PD 14.City of San Jacinto 15.City of Wildomar 16.City of Perris 17.City of Temecula The Flock installation process is straight forward and simple compared to other processes. Flock and the city agree to installation locations (included in RFP response), get the appropriate permits, and Flock installs the cameras. The RSO will then get access to the cameras and be able to use them to fight crime in Palm Desert. We look forward to answering any questions the city may have about our solution. Best Regards, Alex Latraverse CRO alex@flocksafety.com 770.905.6240 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 Flock Safety has built the first public safety operating system that helps neighborhoods, businesses, and law enforcement in 1500+ cities work together to eliminate crime, protect privacy, and mitigate bias. Pair devices that capture objective evidence and machine learning to create and deliver unbiased investigative leads to law enforcement. What makes Flock Safety’s technology different Thousands of communities use privately funded Flock Safety cameras throughout the country, which provides a huge benefit to local law enforcement as they can have access to those cameras without having to pay for them. Use cameras that are solar powered and include LTE internet connectivity (unlimited use included in cost), so they can be rapidly deployed virtually anywhere. Public & private partnerships Infrastructure free Vehicle fingerprint™ technology Capture far more than just license plates. Allow your investigators to search footage by vehicle type, make, and color; identify the state of a license plate; capture temporary plates,paper plates, and vehicles without plates. Our cameras also capture two (2) lanes of traffic traveling up to 75 MPH with a single camera. Simple & affordable Our cameras cost $2,500 per camera per year which includes hardware, software, solar power, LTE connectivity, unlimited users, and unlimited data storage. Discover crime and traffic patterns Prioritize changes by greatest impact Change your community for the better Give city council an ROI report New privacy setting (National + State search) 500M monthly reads Attached to “Lookup” experience A new way to solve cross-jurisdiction crimes “I have the plate where is the car?” Designed to search all cameras, all time Get a full view of all activity tied to one vehicle in your network Search plates across your jurisdiction Insights National and Local Sharing Lookup Performance Daytime Footage Temporary Plate Covered Plate Nighttime Footage No Plate Two Lanes of Traffic Camera Specifications Camera Performance Dimensions: 8.75” x 3” Weight: 3 lbs IP65 Waterproof Dimensions: 8.75” x 3” Weight: 3 lbs IP65 Waterproof 16GB local storage, ~2 weeks 14Ah Battery 30W Solar Panel (14” x 21”) AC Power (5 ft. range) Passive Infrared Motion Detection NCIC and Custom Alert Notifications Average of 10-15 seconds Includes time, location, plate, and vehicle image Includes state specific alerts based on image 100-240 VAC <1 amp 60 W Solar 11-14 Volt 1.4GHz 64-bit quad-core CPU 30-50 ft from vehicles Up to 2 lanes of traffic per camera Date and time with camera location Plate (state, partial, paper, and none) Vehicle details (Make, type, and color) Embedded Cellular LTE Connection Cellular service provider depends on area Designed & manufactured in the U.S. 850nm Custom IR Array 30 days storage (Amazon Web Services) Accessible via secure website Images can be downloaded and stored by department DesignDesign Data Power Motion Motion Power Source Processing Power Image Capture Connectivity Production Night Vision Cloud Storage REFERENCES We work with most of the law enforcement agencies in California that have city / county-wide fixed ALPR solutions, and we are bringing on 200+ new cities / counties nationally every single quarter. City of Temecula (RSO) Michael K. Heslin Director of Information Technology and Support Services City of Temecula (951) 308-6321 michael.heslin@TemeculaCA.gov 50+ Camera installation City of Moreno Valley Steve Hargis, PhD Strategic Initiatives Manager steveh@moval.org 951-413-3401 40+Camera installation Riverside County Sheriff Cpt. Ken Reichle kreichle@riversidesheriff.org 951-487-7363 260+Camera installation References Flock Team in California Flock Safety rep for the Major Accounts in Southern California. 7 years of experience working with the public sector Responsible for all aspects of contracting and planning Jesse MundMajor Accounts Manager-West 3 Years leading Training and implementation with Flock Safety Responsible for post-sales success, including training, installation updates, permitting, hot list connectivity, agency networking, and community engagement. Tonia Crump Major Accounts Customer Success Manager Oversees all permitting operations for California 7 years working in infrastructure permitting with MD7 Responsible for working with cities to understand and submit permit applications Veronica Cooley Permitting Manager Manage Communications and resources to install Flock Cameras Led the 260 camera deployment for the Riverside County Sheriff Scout Cappello Project Manager Cody will oversee all field installation services for the project Cody King Director of Field Ops <> Installations New customers will first get connected with their dedicated Onboarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Market Manager. This person serves as the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the support@flocksafety.com inbox Monday through Friday, 8:00 AM to 5:00 PM EST. Training, Ongoing Support & Timeline Regular software updates at no additional cost Camera maintenance is included in the subscription Unlimited users for hotlist integration and alerts, and camera footage search The average installation is to 6-8 weeks. Camera locations and installation timing is coordinated by the Flock Safety Customer Support team. Safety-As-A-Service Installation & camera locations Solutions Consultants with LE backgrounds who are experts in Flock ALPR and will help ensure that we have the best possible deployment for your city End to end service provider Product Implementation who will ensure that every location is vetted from a feasibility standpoint and we are set up for success, c) Permitting Team who will help with County, City, and even CalTrans permits. Install Process Guide New customers will first get connected with their dedicated Onboarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Market Manager. This person serves as the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the support@flocksafety.com inbox Monday through Friday, 8:00 AM to 5:00 PM EST. Current projected locations are here: https://planner.flocksafety.com/public/e537e9dc-4fc4-44e6-88ad-c78adcfd56b1 Process once the above locations are approved by Flock Safety and the City of Palm Desert 1.Flock's Project Manager, Scout, will take ownership of the project 2.Flock will submit for permits 3.Once Permits are approved, Flock will preform a physical site survey and call 811 4.Flock will schedule installation 5.Anticipated installation timeline will be 8 weeks from date of permits being issued by the city. Any CalTrans permits (if needed) will be separate and on a different timeline. The Flock safety installation process is designed to be straight forward and simple. All hardware will be provided and installed by our technicians. We will then add your network of cameras to the RSO network, and they can begin using the cameras immediately upon installation. The department is fully trained on their use, and has internal policy and training resources. The RSO has access to hundreds of Flock Cameras in Riverside County, and has procured 260 for the unincorporated areas of the county including the Palm Desert and Thermal patrol areas. In addition, most of the other cities in the county, that contract with RSO are currently Flock Safety customers, and 2 of which are listed as references as they have systems of similar size and scope as proposed in this RFP. Flock has a team of over 45 installers nationwide, and crews that can be dispatched if needed to support the local team. We also have access to local licensed subcontractors that can be utilized on an as-needed basis. Scope of Services 10.1. Equipment Specifications Requirements The cameras should have the capability to cover two to three lanes of traffic from a side angle. Three lanes would be preferable as well. The ALPR camera must have the ability to capture license plates on vehicles traveling 75+ miles per hour. The ALPR must be able to capture license plates during day or night, and this includes all styles (black and yellow, white, paper) of license plates, including out of state versions. Flock Response: Yes. Each camera will cover 2 lanes of Traffic • GPS capabilities to provide the location of the camera. Flock Response: Yes • System must be fully compliant with California Senate Bill 34. Flock Response: Yes • Cloud storage for all videos must comply with CJIS security requirements. Flock Response: Yes • All software and services required to deploy and operate the ALPR system. The system should have the capability to upload vehicle information as a "Hotlist." Flock Response: Yes • Data captured by the ALPR system must be available to share with other agencies as needed. Flock Response: Yes • ALPR software must have the availability of unlimited users for a base price, not a per- user license, and must be capable of use over LTE on mobile MDC's. Flock Response: Yes • The availability of solar for the power source and associated battery back-up would be beneficial and preferred by City. Flock Response: Yes, Flock plans to install every camera solar powered, which is included in the price. Flock has installed over 500 Solar powered cameras in Riverside County • Cameras must include bracketry to mount to a fixed object. The City’s preference is to mount the cameras on existing infrastructure, to the extent practicable. Flock Response: Understood. However, Flock will install a breakaway pole where no city infrastructure is located, which is included in the cost. Phase 1 includes 27 camerasSpecial Terms $71,000.00Recurring Total $76,950.00Total Price CA - CA-City of Palm DesertBill To Name Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001708Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 27.00 $67,500.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 27.00 $9,450.00 Phase 2 consists of 22 cameras. 1 camera (#42) is on Hwy 74 and will require a CalTrans permit, hence the Advanced implementation fee. Special Terms $58,500.00Recurring Total $63,100.00Total Price CA - CA-City of Palm DesertBill To Name Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001710Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 22.00 $55,000.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 21.00 $7,350.00 Professional Services - Falcon/Sparrow, Advanced Implementation 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. $750.00 $750.00 1.00 $750.00 The total cost for all 49 cameras to cover all 30 locations issued in the RFP by the city.Special Terms $126,000.00Recurring Total $140,050.00Total Price CA - CA-City of Palm DesertBill To Name afirestine@cityofpalmdesert.orgEmail (760) 346-0611Phone Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001711Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 49.00 $122,500.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 48.00 $16,800.00 Professional Services - Falcon/Sparrow, Advanced Implementation 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. $750.00 $750.00 1.00 $750.00 [MODEL - REMOVE THIS TITLE WHEN USED] Contract No. CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this day of , 20 , by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: [***INSERT NAME OF PROJECT***] (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [***INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.] 3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Contract No. Exhibit “A” [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***]. 3.2.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under Contract No. Exhibit “A” this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Contract No. Exhibit “A” Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***] 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include Contract No. Exhibit “A” contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. Contract No. Exhibit “A” (G) Cyber Liability Insurance. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. Contract No. Exhibit “A” (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Contract No. Exhibit “A” (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Contract No. Exhibit “A” Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Deleted: Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant Deleted: . Contract No. Exhibit “A” Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Contract No. Exhibit “A” Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: [INSERT NAME AND TITLE] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. 3.6.3.2 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City, including any method, process, product, or concept specified or depicted. 3.6.3.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise Formatted: List Paragraph, Justified, Indent: First line: 1.5", Right: 0.19", Space Before: 0 pt, Outline numbered + Level: 4 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -1.43" + Indent at: 0.07", Tab stops: 2.57", Left + 2.57", Left Commented [KN2]: This language doesn’t accurately represent the nature of Services with Flock (both a Hardware and SaaS platform). As stated in Flock’s T&Cs, Flock owns its IP and Agency owns Agency Data. As such, it is our preference to lean on our IP and License language. Deleted: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant¶ shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable ... [1] Deleted: ¶ Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than ... [2] Deleted: of the Documents & Data Deleted: and other Documents & Data Contract No. Exhibit “A” known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Contract No. Exhibit “A” 3.6.3.4 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the grossly negligent performance of the Consultant’s Services, the Project or this Agreement, except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Entire Agreement. This Agreement, together with Consultant’s term’s and conditions (“Government Agency Agreement”), contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. In the event of conflict between this Agreement and the Government Agency Agreement, the Government Agency Agreement shall control. Deleted: Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information Deleted: City shall not release the Proprietary receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. Deleted: including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses Formatted: Left, Right: 0.19", Tab stops: 1.57", Left Deleted: Deleted: ¶ Contract No. Exhibit “A” 3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.11 Assignment; Subcontracting. 3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working Commented [KN3]: Flock uses subcontractors as a part of Services. Deleted: Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Contract No. Exhibit “A” solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Contract No. Exhibit “A” SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: [INSERT NAME] [INSERT TITLE] ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney [***INSERT NAME OF CONSULTANT***] [***INSERT NAME OF LEGAL ENTITY***] [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: Its: Printed Name: QC OpenGov: Contract No. Exhibit “A” SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Contract No. Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES [***INSERT SCOPE***] EXHIBIT "A-I" FEDERALLY REQUIRED PROVISIONS FOR SERVICES [***INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE ALWAYS DELETE ENTIRE EXHIBIT “A-I”] EXHIBIT "B" SCHEDULE OF SERVICES [***INSERT SCHEDULE***] EXHIBIT "C" COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.] Page 11: [1] Deleted Kimberly Nyitray 4/12/22 2:24:00 PM 1.1.1.1 Page 11: [2] Deleted Kimberly Nyitray 4/12/22 2:27:00 PM Formatted ... [1] Formatted ... [2] 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 - CA-City of Palm Desert Legal Entity Name: \FSLegalEntityName{r}\ Contact Name: Andrew Firestine Address: 73510 Fred Waring Drive Palm Desert, California 92260 Phone: (760) 346-0611 E-Mail: afirestine@cityofpalmdesert.org Expected Payment Method: \FSExpectedPaymentMethod1\ Billing Contact: \FSBillingContact1\ (if different than above) Initial Term: 24 months Renewal Term: 24 months Billing Term: Annual payment due Net 30 per terms and conditions Name Price QTY Subtotal Professional Services - Falcon/Sparrow, Advanced Implementation $750.00 1.00 $750.00 Flock Falcon Camera $2,500.00 49.00 $122,500.00 Professional Services - Falcon, Standard Implementation $350.00 48.00 $16,800.00 (Includes one-time fees) Year 1 Total $140,050.00 Recurring Total: $126,000.00 I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement. \FSInitials1\ By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Agency: CA - CA-City of Palm Desert By: \FSSignature2\ By: \FSSignature1\ Name: \FSFullname2\ Name: \FSFullname1\ Title: \FSTitle2\ Title: \FSTitle1\ Date: \FSDateSigned2\ Date: \FSDateSigned1\ 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 of the order form (“Agency”) (each a “Party,” and together, the “Parties”). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an inves tigative 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, 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 (“Purpose”). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross -referenced in this Section 1. 1.1 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. 1.2. “Agency Hardware ” shall mean 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. The term “Agency Hardware ” excludes the Embedded Software 1.3 “Authorized End User(s)” shall mean 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. 1.4 “Documentation” will mean 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. 1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6 “Flock IP” will mean 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. 1.7 “Footage” means still images captured by the Agency Hardware in t he course of and provided via the Services. 1.8 “Hardware” or “Flock Hardware” shall mean 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. The term “Hardware” excludes the Embedded Software. 1.9 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 “Installation Services” means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 “Non-Agency End User(s)” shall mean 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. 1.12 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. 1.13 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below. 1.14 “Unit(s)” shall mean the Agency Hardware together with the Embedded Software. 1.15 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services. 1.16 “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. 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 Service Term (as defined in Section 6.1 below), 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 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, including without limitation using a third party to host the Web Interface 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 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 Service Term to Agency ’s in connection with its use of the Services as contemplated herein, and under Section 2.4 below. 2.4 Usage Restrictions. a. Flock IP. The purpose for usage of the Unit, 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 and not for tracking activities that the system is not designed to capture (“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, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative pr oduct from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (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, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. b. 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. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardwar e. 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 2.4(b), 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. 2.5 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. 2.6 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 Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicab le law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limite d to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other con sequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of th e Term will be tolled by the duration of any suspension (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. 2.7 Installation Services. 2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have final discretion on location of Units. 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 Locat ion ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. 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 charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera 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 lik e. Flock Safety shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 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 the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. 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 Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the 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 a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. 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 all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be comple ted within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the 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 the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. 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 Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be 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. 2.8 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 rendere d harmless. 2.9 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”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on -site support and maintenance services (“On-Site Services”) in-person or by email at support@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. 2.10 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 consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any 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 Agency s, (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 appli cable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Flock will assist Agency 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. Agency is responsible for any activity associated with its account. Agency shall be 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 per sonnel, 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 Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprie tary 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 otherw ise 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, such as when a car exits Agency ’s neighborhood, 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 Disclosin g 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 di sclosure 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. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with 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 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 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).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. 4.3 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 fore going. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the “Aggregated Data”). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. 5. PAYMENT OF FEES 5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability re sulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. 5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoic e for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30 th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than six ty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock’s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. 6. TERM AND TERMINATION 6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon execution of this Agreement. Following the Initial 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”, and together with the Initial Term, the “Service 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. 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service 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. 6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth p reviously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. 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. 6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service 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. Eit her 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. 6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hot- list’ alerts, which may include ‘hot tags’, stolen vehicles, Amber Alerts, etc. (“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 Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 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 2.9 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 Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit 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 Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liabil ity 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 Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software 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. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. 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. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS 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 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 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. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its 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, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 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 RE ASONABLE 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. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTE NT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 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 6.5 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 6.5 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 complimentary No -Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages result ing 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 p erformance 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 that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged vio lation of Section 3.2, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. 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 Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agenc y Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock’s behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS 10.1 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 and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), 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 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. 10.4 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. 10.5 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. 10.6 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. 10.7 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 FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” 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. 10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.09 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 organizations and individuals they are representing. 10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e - mail; the day after it is sent, if sent for next day delivery by recognized overnight deliver y service; and upon receipt, if sent by certified or registered mail, return receipt requested. CUSTOMER IMPLEMENTATION GUIDE 2 0 STAFF REPORT CITY OF PALM DESERT PUBLIC SAFETY COMMISSION MEETING DATE: May 11, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager REQUEST: Consideration of the FY 2022/23 Police and Fire Budgets Recommendation By Minute Motion, provide a recommendation to the City Council on the FY 2022/23 police and fire budgets. Background Analysis The City Manager recommends no significant changes to the services in the FY 2022/23 police and fire budgets. The police budget is approximately $20.98M, an increase of roughly $940k from the FY 2021/22 budget. This contract includes a 4.12 percent increase to the fully supported rate for FY 2021/22 (calculated retroactively) and projects a 2.5 percent increase for FY 2022/23 based on information provided by Riverside County. The contract rates for the specialized positions and differentials were similarly adjusted based on this data. The budget reflects the additional of a Business District Team (BDT) deputy and the addition of a fixed location automated license plate recognition (ALPR) system. Attachment 1 presents the detailed budget appropriation request for FY 2022/23 together with the Riverside County Sheriff’s Department contract law enforcement rates. The document from Riverside County is labeled as a draft as it reflects contract rates that have yet to be presented to the Riverside County Board of Supervisors for approval. The fire budget is approximately $17.8M and reflects the increase in the retirement (CalPERS) portion of the Benefits and Admin Fee that is more particularly described in Attachment 2 to the fire budget. The fire budget continues to provide contracted fire and EMS services ($16.6M) as well as the third-party EMS billing program ($133k), a State mandated Ground Emergency Medical Transport Quality Assurance Fee program ($235k), and a contingency fund for other expenditures ($50k). The fire budget also includes maintenance and capital funding to address deferred maintenance and multiple renovation and major repair projects at the existing fire stations. Also attached as part of Attachment 2, the Exhibit A form provided by Riverside County provides a detailed account of the rates by position that are built into the budget. It accounts for each position at the highest salary step, an amount that does not reflect actual costs because the majority of positions are not filled at the highest salary step. It also does not account for temporary vacancies during the year and excludes costs Staff Report: Police and Fire Budgets FY 2022/23 May 11, 2022 Page 2 of 2 associated with the City’s EMS billing program and fire contingency fund. Costs within the fire budget are offset by a variety of revenue sources that are accounted for in the fire budget overview in Attachment 2, including the structural fire tax, Prop A fire tax (approved by Palm Desert voters in 1980), EMS cost recovery, and reimbursement for a ladder truck that is shared between the cities of Rancho Mirage and Indian Wells. Those revenue offsets reduce the impact to the General Fund to $4.6M for FY 2022/23. Attachment 3 contains the budget study session presentation that is being given to City Council on May 10, 2022. It includes the same material referenced in Attachments 1 and 2 together with the police and fire staffing levels, key statistics, notable successes, and major planned initiatives. It also provides a look at the Capital Improvement Program for the fourth fire station and the renovation / reconstruction of fire stations #33 and #71, all of which is planned between FY 2023/24 and 2025/26. ATTACHMENTS: 1. Police budget with supplemental materials 2. Fire budget with supplemental materials 3. City Council study session presentation Palm Desert Police ContractCurrent Level of ServiceDetailed Budget Appropriation Request FY 2022/2023LINE ITEM DESCRIPTIONFTE Hours Per DayDaysFY 21/22 Rate Est. Increase FY 22/23 RatePer Position Request1 General Law Enforcement (Patrol:SUP-B) 28 144 365 $206.05 2.50% $211.20 $397,903.16 $11,100,738LINE ITEM DESCRIPTION PositionsHours Per YearPercent StaffedEstimated 21/22 RateEstimated 20/21 DifferentialEstimated IncreaseFY 22/23 Est. RateFY 21/22 Est. DifferentialPer Position Request2 Dedicated Sheriff's Lieutenant 1 2088 100% $156.82 $0.00 2.50% $160.74 $0.00 $335,626.16 $335,6263 Dedicated Sheriff's Sergeant - Motor 1 2088 100% $136.44 $2.90 2.50% $139.85 $2.96 $298,185.19 $298,1854 Dedicated Sheriff's Sergeant - BDT 1 2088 100% $136.44 $0.00 2.50% $139.85 $0.00 $292,008.89 $292,0095 Traffic Team (commercial enforcement:SDP-B) 0.69 1884 100% $206.05 $0.00 2.50% $211.20 $0.00 $397,903.16 $274,5536 Dedicated Motorcycle Enforcement (SDC-B) 4 2088 100% $176.35 $1.95 2.50% $180.76 $1.99 $381,577.30 $1,526,3097 Special Enforcement Team (SDC-B) 3 2088 100% $176.35 $0.00 2.50% $180.76 $0.00 $377,424.27 $1,132,2738 Business District Team (SDC-B) 4 2088 100% $176.35 $0.00 2.50% $180.76 $0.00 $377,424.27 $1,509,6979 Dedicated School Resource Officer (UDP-B) 1 1440 100% $118.70 $1.95 2.50% $121.67 $1.99 $178,065.36 $178,06510 Burglary Suppression (SDC-B) 2 2088 100% $176.35 $0.00 2.50% $180.76 $0.00 $377,424.27 $754,84911 CVVCGTF Deputy (UDC) 1 2088 100% $100.82 $0.00 2.50% $103.34 $0.00 $215,774.96 $215,77512 CVNTF Deputy (UDC) 1 2088 100% $100.82 $0.00 2.50% $103.34 $0.00 $215,774.96 $215,77513 Community Service Officer II 11 2088 100% $61.82 $0.00 2.50% $63.37 $0.00 $132,307.16 $1,455,379LINE ITEM DESCRIPTIONPer Position Request14 Overtime$369,24015 Palm Desert Station Facility Fee$394,74016 Records Management System$122,40017 Cal ID - Statewide Fingerprint ID System$53,89218 Mileage Cost - Patrol Units$419,16019 Mileage Cost - Plain Units$22,50020 BSU Fuel$12,00021 Motorcycle Fuel$8,70022 Motorcycle Maintenance$54,60023 Police Contingency Fund Special equipment, materials, training, & program support$30,00024 Explorer Post 507 contribution $6,90025 Operational Reoccuring Costs$70,00026 Shop with a Cop/YBFIT $10,00027 ALPR$113,500TOTAL$20,976,865Projected increase from FY 2021/22 Police Budget ($20,039,162) to the FY 2022/23, based on the current recommended level of service.$937,703Increase/Decrease4.81%Estimated costs to deploy cameras in 30 fixed locations (Year 1 costs of $113,500 with ongoing cost of $103,500)DETAILOfficer extended shifts, Investigations, CSO's , Sergeants, Dedicated Cost EstimateCost EstimateBilled at $1.00 per capita (53,892 as of 01/01/2021-DOF estimate)Funding for Palm Desert Explorer Post 507Costs for blood draws, blood analysis, sexual assault exams, etc. Costs to participate in these annual events499,000 miles $.84 per mile (based on current year average)45,000 miles @ .50 per mile (based on current year average)Avg. $1,000.00 per month x 12 monthsAvg. $145.00 monthly per motor x 12 months x 5 motorsAvg. $7,800 per year x 7 motorsPer an agreement with the DSUSD, 50% of actual cost is reimbursed directly to the city of Palm Desert (by DSUSD) for the SRO position at the PDHS.Productive Patrol Hours fluctuate most years. For FY 2022/23 1,884 "productive hours" are estimated under the new County shift model (3/12 & 4/12 less time estimated for vacation, sick, etc. because positions are backfilled).Page 1 V1.0 w/Filled=P/R #21 (Sept 23, 2021- Oct 06, 2021). *** - FINAL - 21/22 ***A T T A C H M E N T -- A CONTRACTSPage 1 of 22021/20222021/2022 2020/2021 2020/2021 Percentage ChangePositionRate per O/T Rate Rate per O/T Rate Rate per O/T RateHour per HourHour per HourHour per HourSheriff's Patrol Officer (SUP-B)206.05 79.61197.90 75.874.12% 4.93%Sheriff's Patrol Officer (SDP-B)206.05 79.61197.90 75.874.12% 4.93%Sheriff's Patrol Officer (SDC-B)176.35 79.61169.37 75.874.12% 4.93%Sheriff's Patrol Corporal (SUP)217.13 92.27212.13 88.452.36% 4.32%Sheriff's Patrol Corporal (SDC)185.83 92.27181.55 88.452.37% 4.32%Tribal Patrol Officer (TSUP-B)174.67 79.61168.97 75.873.37% 4.93%Tribal Patrol Officer (TSDC-B)149.49 79.61144.62 75.873.37% 4.93%Intermediate Patrol Officer (ISUP-B) 146.65 79.61141.92 75.873.33% 4.93%Intermediate Patrol Officer (ISDC-B) 125.51 79.61121.46 75.873.33% 4.93%Sheriff's Corporal (UDP)133.25 92.27126.89 88.455.01% 4.32%School Resource Officer (UDP-B)118.70 79.61112.66 75.875.36% 4.93%Sheriff's Deputy (UDP)117.80 78.75111.69 75.015.47% 4.98%Sheriff's Deputy (UDC)100.82 78.7595.59 75.015.47% 4.98%Sheriff's Corporal (UDC)114.04 92.27108.60 88.455.01% 4.32%Sheriff's Investigator130.52 102.86124.10 99.875.17% 3.00%Sheriff's Sergeant136.44 109.12129.37 105.185.46% 3.75%Sheriff's Lieutenant156.82 0.00146.15 0.007.30%Sheriff's Captain178.90 0.00164.93 0.008.47%Sheriff Service Officer II45.20 31.8047.60 33.68-5.04% -5.58%Community Services Officer II61.82 50.9462.25 50.26-0.69% 1.35%Other Rates as noted:2021/20222020/2021 Percentage ChangeDifferentials: Traffic/Motor Sgt2.90 / Hour2.86 / Hour1.40%Differentials: K9 & Motor Officer1.95 / Hour1.93 / Hour1.04%Differentials: K9 Daily Special Rate17.58 / Day17.41 / Day0.98%Differentials: SRO1.95 / Hour1.93 / Hour1.04%Vehicles: Black & White Units:0.84 / Mile0.87 / Mile-3.31%Vehicles: Plain Units:0.55 / Mile0.50 / Mile10.79%Vehicles: Other:0.55 / Mile0.50 / Mile10.79%R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2021-2022 CONTRACT LAW ENFORCEMENT RATES2/9/2022 LEGEND 21-22 AB 1-28-221 of 3DRAFT V1.0 w/Filled=P/R #21 (Sept 23, 2021- Oct 06, 2021). *** - FINAL - 21/22 ***A T T A C H M E N T -- A CONTRACTSPage 2 of 22021/20222021/2022 2020/2021 2020/2021 Percentage ChangePositionRate per O/T Rate Rate per O/T Rate Rate per O/T RateHour per HourHour per HourHour per HourSheriff 911 Comm Officer II54.93 51.5455.35 52.28-0.76% -1.42%Sr Sheriff 911 Comm Officer75.40 75.7773.28 74.282.89% 2.01%Sheriff Communications Supv88.67 91.2886.18 89.902.89% 1.53%Telephone Rpt Unit Officer II40.98 36.0541.63 36.85-1.56% -2.17%Supervising Telephone Rpt Unit Officer 53.42 49.5348.81 46.189.44% 7.25%Crime Analyst64.51 63.9862.23 62.713.66% 2.03%Sr Crime Analyst71.32 71.8570.16 71.141.65% 1.00%Crime Analyst Supervisor79.77 81.4677.02 79.963.57% 1.88%Accounting Assistant II38.88 33.6039.09 34.76-0.54% -3.33%Sr Accounting Asst48.36 44.9046.30 43.404.45% 3.47%Accounting Technician I49.72 46.4448.18 45.743.20% 1.52%Accounting Technician II49.54 46.3356.07 55.31-11.65% -16.25%Office Assistant II36.18 30.3435.42 30.352.15% -0.04%Office Assistant III42.06 37.3540.40 36.134.11% 3.37%Supv Office Assistant I43.38 38.4241.73 37.383.95% 2.78%Supv Office Assistant II47.15 43.1245.87 42.772.79% 0.80%Aircraft Mechanic72.30 72.9972.50 75.05-0.28% -2.74%Supv Aircraft Mechanic78.98 80.8580.90 83.72-2.37% -3.43%Forensic Technician II65.54 64.7066.09 64.26-0.83% 0.69%Supv Forensic Technician80.83 83.0487.39 81.62-7.51% 1.74%R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2021-2022 CONTRACT LAW ENFORCEMENT RATES2/9/2022 LEGEND 21-22 AB 1-28-222 of 3DRAFT V1.0 w/Filled=P/R #21 (Sept 23, 2021- Oct 06, 2021). *** - FINAL - 21/22 ***A T T A C H M E N T -- B HOSPITAL2021/2022 2021/2022 2020/2021 2020/2021 Percentage ChangeRate per O/T Rate Rate per O/T Rate Rate per O/T RatePosition Hour per Hour Hour per Hour Hour per HourHospital RatesHospital Patrol Officer (HUUP) 114.78 78.75 110.42 75.01 3.95% 4.98%Hospital K9 Officer (HUDC) 98.23 78.75 94.50 75.01 3.95% 4.98%Hospital Sheriff's Sergeant 133.85 109.12 128.28 105.18 4.34% 3.75%Hospital Correctional Deputy II 65.16 48.29 68.52 53.67 -4.90% -10.02%Hospital Correctional Corporal 88.06 71.70 85.05 72.15 3.54% -0.61%Hospital Correctional Sergeant 102.12 84.24 99.89 83.24 2.23% 1.20%Hopsital Sheriff Service Officer II 45.20 31.80 38.09 33.68 18.67% -5.58%Hospital Community Service Officer II 61.82 50.94 52.74 50.26 17.22% 1.35%Hopsital Accounting Assistant II 38.88 33.60 39.09 34.76 -0.54% -3.33%R I V E R S I D E C O U N T Y S H E R I F F ' S D E P A R T M E N T FY 2020-2021 HOSPITAL CONTRACT LAW ENFORCEMENT RATES2/9/2022 LEGEND 21-22 AB 1-28-223 of 3DRAFT Fire and EMS BudgetFY 2017/2018 FY 2018/2019 FY 2019/2020FY 2020/20217*FY 2021/22* FY 2022/2023Fire/EMS Cooperative Services Agreement13,287,151$ 13,505,359$ 13,442,865$ 12,734,027$ 15,901,000$ 16,616,545$ Wittman Billing Services $ 109,765 $ 145,857 $ 122,307 $ 133,000 $ 133,000 Federal Quality Assurance Fee1 $ 122,904 $ 150,000 $ 166,797 $ 226,000 $ 235,000 Contingency Fund $ 19,208 $ 45,819 $ 10,861 $ 25,557 $ 50,000 $ 50,000 Other (admin fees, utilities, R/M buildings, etc.) $ 189,373 $ 172,629 $ 122,810 $ 150,500 $ 202,500 $ 242,500 Capital Vehicles / Capital Projects2 $ 236,461 $ 1,213,000 $ 530,000 Total Expenditures: $ 13,495,732 $ 13,956,477 $ 13,872,394 $ 13,435,648 $ 17,725,500 $ 17,807,045 Fire Fund Revenues:Structural Fire Tax4 $ 5,909,280 $ 6,036,130 $ 6,250,113 $ 7,889,982 $ 6,519,410 $ 7,000,000 Prop A Fire Tax5 $ 2,237,916 $ 2,730,402 $ 2,314,419 $ 2,140,682 $ 2,400,000 $ 2,200,000 EMS Cost Recovery3 $ 2,121,193 $ 2,857,519 $ 2,571,832 $ 2,300,000 $ 2,400,000 Reimbursement for Ladder Truck6 $ 1,188,743 $ 1,151,283 $ 1,174,349 $ 1,101,349 $ 1,100,000 $ 1,100,000 Miscellaneous Fees (Permits, Fireworks, etc.)/Interest $ 84,019 $ 223,883 $ 192,712 $ 60,443 $ 25,000 $ 20,000 Total Revenue: $ 9,419,958 $ 12,262,891 $ 12,789,113 $ 13,764,287 $ 12,344,410 $ 12,720,000 Transfer in from the General Fund8 $ 3,668,540 $ 2,300,000 $ 3,000,000 $ 3,800,000 $ 4,000,000 $ 4,600,000 (Budgeted amount)Fire Fund Balance @ FY End (Fund 230)91,895,067$ 2,501,481$ 4,418,202$ 8,546,839$ 7,165,749$ 6,678,704$ Fire Facilities Restoration Fund Balances @ FY End (Fund 235)1,108,171$ 1,153,479$ 1,212,787$ 1,258,311$ * Budget only ‐ FY 21/22 (all other years = actuals)1Charged Per Medi‐Cal Transport ‐ cost increase in FY 21/222Capital Projects/ Capital Vehicles budgets: Improvements for 71 & 33, 4An annual Fire Tax credit from the County, which is comprised of structural fire taxes & former redevelopment agency pass through funds.5The 1980 voter approved City Fire Tax for upgrading fire prevention and protection services ($60 per dwelling unit and varies for commercial‐maximum levy).7In FY 2020/2021 added staffing for Squad 71 (2 Fire Apparatus Engineers/2 Firefighter II Paramedics)8Each year funds are transferred to maintain a Fire Fund balance adequate for future cost increases, equipment purchases and necessary renovations to City owned facilities.10Fire Facilities Fund (fund 235) consists of developer impact fees set aside for construction of 4th Fire Station, as determined by nexus studies.Note: The City has not been making transfers out for depreciation for equipment replacement since 2012* Budgeted @ 3.8 million3 Billing for services began October 2018. Cost recovery from Emergency Medical Services Billing Program. 6The ladder truck is a shared resource with the Cities of Rancho Mirage and Indian Wells, and reimbursed per agreed upon Cove Communities formula9Fire Fund Balance ‐ in 2012 the balance was $441, since then transfers have been made to provide funding for anticipated cost increases, additional staff (Squad 71), equipment purchases and necessary facility restorations @ Station 71 & 33. CAPTAINS CAPTAIN MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #33 Medic Engine 470,923 2 413,710 2 474,065 2 1,358,698 6 Medic Unit 948,129 4 948,129 4 STA #67 Medic Engine 268,500 1 235,462 1 413,710 2 474,065 2 1,391,736 6 268,708 1 711,097 3 979,805 4 STA #71 Medic Engine 268,500 1 235,462 1 413,710 2 474,065 2 1,391,736 6 Medic Unit 948,129 4 948,129 4 Medic Squad 470,923 2 474,065 2 944,988 4 STA #55 Medic Unit 948,129 4 948,129 4 Fixed Relief 235,462 1 206,855 1 711,097 3 1,153,414 5 235,462 1 1,185,162 5 1,420,623 6 SUBTOTALS 537,000 1,883,693 268,708 1,447,986 7,348,001 $11,485,389 2 8 1 7 31 49 18,139 904,955 49.89 9,540 9,540 1 12,113 2,701 406,523 32 95,196 285,588 3 35.25 21,621 402,382 68,602 274,408 4 41.95 25,735 478,876 1,331 5,286 33,813 2,796,085 326,008 36,250 108,750 3 $14,716,231 *(6,873,156) $7,843,075 *(3,467,465) (4,358,369) 952,678 ($6,873,156) 3 49.00 9,575 0.89 32 **49.89 7 3 12 per Defib Number of Hazmat Calls Hazmat Stations Monitors/Defibs Assigned Medic FTE Number of Calls Fire Stations Total Assigned Staff Battalion Chief Support Assigned Staff TOTAL ESTIMATED TAX FUNDING *The City of Palm Desert will be responsible for the Medic Unit at Indian Wells Station 55 and all maintenance and personnel costs associated there with. **City of Palm Desert Truck 33 is on separate Exhibit "A-1" per Chief's request 101409. **(PCA 37102) per Station per Station per Station Volunteer Program (Schedule B) Medic Program (Schedule C) Battalion Chief Support (Schedule D) ECC Support (Schedule E) Fleet Support (Schedule F) Comm/IT Support (Schedule G) Hazmat Support (Schedule I) per assigned Staff ** per Entity Allocation Medic FTE and .30 FTE per Station per Call and per Fire Suppression Equip per Call and per Call and ESTIMATE TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF PALM DESERT DATED MARCH 1, 2022 FOR FY2022/2023 Vac. Relief-Engine SUBTOTAL STAFF SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan) *See notation below for estimate assupmtions Medic Unit Administrative/Operational (Schedule A) FIRE ENGINE USE AGREEMENT each engine TOTAL ESTIMATED CITY BUDGET PALM DESERT ESTIMATED FIRE TAX CREDIT SUPPORT SERVICES SUBTOTAL DIRECT CHARGES NET ESTIMATED CITY BUDGET STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU total contract transfer FY22/23 EXHIBIT "A" CITY OF PALM DESERT Page 1 of 2 392,554 36,250 387,615 18,139 316,465 9,540 268,500 12,113 304,832 2,701 235,462 95,196 268,708 21,621 206,855 35.25 237,032 68,602 122,196 25,735 179,153 41.95 167,029 1,861 146,067 514.83 85,642 5,286 97,438 1,330.66 190,711 1,987 520230 522380 520300 522410 520320 522860 520800 522890 520805 523220 520830 523680 520840 523700 520845 523780 521380 523800 521440 526700 521500 526940 521502 527840 521540 529500 521660 529510 521680 529550 522310 537240 522340 542060 522360 Medical-Dental Supplies Maint-Health & Safety Maint-Critical Systems Utitlity - Heating Fuel Utitlity - Electricity Training - Education / Tuition Locks/Keys Rent-Lease Building Printing / Binding Printed Forms Office Supplies Office Equip Non Fixed Assets Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Maint-Extermination Station Budgeted Maint-Bulding and Improvement Maint-Building and Improvement Maint-Fuel Tanks Maint-Telephone Maint-Office Equipment Maint-Accident Repairs Maint-Motor Vehicles Maint-Kitchen Equipment Maint-Copier Machines Trash Household Furnishings Laundry Services Appliances Household Expense Telephone Service Pager Service Cellular Phone Capital Improvements Remodeling Interfnd Exp-Utilities Utitlity - Water Licenses And Permits Pharmaceuticals Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services. SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Office Supplies/Equip. Fire Fighting Equip. Public Affairs / Education Procurement Personnel Data Processing Training Finance / Accounting Facility Support - Facility maintenance staff with associated operating costs. Hazmat Program - Support staff, operating costs, and vehicle replacement FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions CAPT MEDIC FTE CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT ENG BATT DEL DEPUTY CHIEF FIRE ENGINE DIV CHIEF SRVDEL BAT CHIEF VOL DEL HAZMAT VEHICLE REPLACEMENT - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 - Projected increase to Safety & Non-Safety Staff and Support Services from FY22/23 Cost Allocation Estimate. *Cost Assumptions: - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary FY 22/23 DIRECT BILL ACCOUNT CODE OFFICE ASSISTANT III FACILITY FTE SECRETARY I HAZMAT STATION COUNTY DEPUTY FIRE MARSHAL HAZMAT CALLS FIRE SAFETY SUPERVISOR COMM/IT STATION FIRE SAFETY SPECIALIST COMM/IT CALLS FIRE SYSTEMS INSPECTOR FACILITY STATION FIRE PREVENTION TECHNICIAN ENG/MEDIC ECC STATION FF II ECC CALLS FF II/MEDIC FLEET SUPPORT FY22/23 EXHIBIT "A" CITY OF PALM DESERT Page 2 of 2 CAPTAINS CAPTAIN MEDICS ENGINEERS ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #33 Truck 33 805,500 3 706,385 3 1,241,131 6 2,753,016 12 SUBTOTALS 805,500 706,385 1,241,131 2,753,016 3 3 6 12 Administrative/Operational (Schedule A)18,139 217,668 12 68,602 68,602 1 286,270 3,039,286 MEDICAL EMERGENCY FOR THE CITY OF PALM DESERT TRUCK 33 DATED MARCH 1, 2022 FOR FY2022/2023 **(PCA 37121) Assigned Staff SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan) Data Processing Procurement SUBTOTAL STAFF SUPPORT SERVICES SUBTOTAL per assigned Staff ** Administrative & Operational Services Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Battalion Chief Support - Pooled BC coverage for Cities/Agencies that don not include BC staffing Medic Progra - Support Staff, Training, Certification, Case Review & Reporting, Monitor/ Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance. Fleet Support (Schedule F) ESTIMATE *See notation below for estimate assumptions TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND Hazmat Program - Support staff, operating costs, and vehicle replacement. Training Finance / Accounting support functions. ESTIMATED TRUCK BUDGET Office Supplies/Equip. Fire Fighting Equip. Public Affairs / Education Personnel Facility Support - Facility maintenance staff with associated operating costs. Communications / IT Support - Support staff, communications, radio maintenance, computer per Fire Suppression Equip SUPPORT SERVICES (Fire Cost Allocation) as part of their contracted services. Defibrillator replacement cycle. Emergency Command Center Support - Dispatch services costs. FY22/23 EXHIBIT "A" CITY OF PALM DESERT TRUCK 33 Page 1 of 2 392,554 36,250 387,615 18,139 316,465 9,540 268,500 12,113 304,832 2,701 235,462 95,196 268,708 21,621 206,855 35.25 237,032 68,602 122,196 25,735 179,153 41.95 167,029 1,861 146,067 514.83 85,642 5,286 97,438 1,330.66 190,711 1,987 520230 522380 520300 522410 520320 522860 520800 522890 520805 523220 520830 523680 520840 523700 520845 523780 521380 523800 521440 526700 521500 526940 521502 527840 521540 529500 521660 529510 521680 529550 522310 537240 522340 542060 522360 FF II FF II/MEDIC FIRE SAFETY SPECIALIST DEPUTY CHIEF DIV CHIEF BAT CHIEF CAPT CAPT MEDIC FIRE SYSTEMS INSPECTOR SECRETARY I - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary FLEET SUPPORT HAZMAT CALLS HAZMAT VEHICLE REPLACEMENTCOUNTY DEPUTY FIRE MARSHAL HAZMAT STATION COMM/IT CALLS FACILITY STATION FACILITY FTE *Cost Assumptions: - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 FIRE PREVENTION TECHNICIAN COMM/IT STATION ECC CALLS ECC STATION Telephone Service Medical-Dental Supplies - Projected increase to Safety & Non-Safety Staff and Support Services from FY22/23 Cost Allocation Estimate. FY 22/23 DIRECT BILL ACCOUNT CODE FIRE SAFETY SUPERVISOR MEDIC MONITORS/DEFIBS REPLACEMENT BATT DEL FY 22/23 ESTIMATED POSITION SALARIES TOP STEP SRVDEL FIRE ENGINE ENG ENG/MEDIC VOL DEL MEDIC FTE OFFICE ASSISTANT III Household Expense Pharmaceuticals Appliances Licenses And Permits Cellular Phone Pager Service Maint-Critical Systems Maint-Health & Safety Maint-Copier Machines Printing / Binding Maint-Kitchen Equipment Rent-Lease Building Maint-Motor Vehicles Locks/Keys Laundry Services Office Equip Non Fixed Assets Household Furnishings Office Supplies Trash Printed Forms Maint-Extermination Maint-Fuel Tanks Utitlity - Water Maint-Building and Improvement Interfnd Exp-Utilities Station Budgeted Maint-Bulding and Improvement Capital Improvements Remodeling Maint-Accident Repairs Training - Education / Tuition Maint-Office Equipment Utitlity - Electricity Maint-Telephone Utitlity - Heating Fuel FY22/23 EXHIBIT "A" CITY OF PALM DESERT TRUCK 33 Page 2 of 2 Day 3Public Safety 94 Law Enforcement ServicesProvided via Partnership with the Riverside County Sheriff’s Department •Department Successes Responded to Approximately 24,000 service calls Priority One –6 Minutes Avg.Response Time. Filled vacant positions. Added a BDT deputy. Conducted procurement for ALPR. Negotiated agreement with LexisNexis for onlinepolicereports. Streamlined reporting and updated police website. Purchased new motor unit. Major Initiatives for FY 2022-23 Complete study of alternative policing servicemodelwithMatrixConsultingGroup. 95 POLICE LINE ITEM DESCRIPTION FTE Hours Per Day Days FY 21/22 Rate Est. Increase FY 22/23 Rate Per Position Request 1 General Law Enforcement (Patrol:SUP-B) 28 144 365 $206.05 2.50%$211.20 $397,903.16 $11,100,738 LINE ITEM DESCRIPTION Positions Hours Per Year Percent Staffed Estimated 21/22 Rate Estimated 20/21 Differential Estimated Increase FY 22/23 Est. Rate FY 21/22 Est. Differential Per Position Request 2 Dedicated Sheriff's Lieutenant 1 2088 100%$156.82 $0.00 2.50%$160.74 $0.00 $335,626.16 $335,626 3 Dedicated Sheriff's Sergeant - Motor 1 2088 100%$136.44 $2.90 2.50%$139.85 $2.96 $298,185.19 $298,185 4 Dedicated Sheriff's Sergeant - BDT 1 2088 100%$136.44 $0.00 2.50%$139.85 $0.00 $292,008.89 $292,009 5 Traffic Team (commercial enforcement:SDP-B 0.69 1884 100%$206.05 $0.00 2.50%$211.20 $0.00 $397,903.16 $274,553 6 Dedicated Motorcycle Enforcement (SDC-B)4 2088 100%$176.35 $1.95 2.50%$180.76 $1.99 $381,577.30 $1,526,309 7 Special Enforcement Team (SDC-B)3 2088 100%$176.35 $0.00 2.50%$180.76 $0.00 $377,424.27 $1,132,273 8 Business District Team (SDC-B)4 2088 100%$176.35 $0.00 2.50%$180.76 $0.00 $377,424.27 $1,509,697 9 Dedicated School Resource Officer (UDP-B)1 1440 100%$118.70 $1.95 2.50%$121.67 $1.99 $178,065.36 $178,065 10 Burglary Suppression (SDC-B)2 2088 100%$176.35 $0.00 2.50%$180.76 $0.00 $377,424.27 $754,849 11 CVVCGTF Deputy (UDC)1 2088 100%$100.82 $0.00 2.50%$103.34 $0.00 $215,774.96 $215,775 12 CVNTF Deputy (UDC)1 2088 100%$100.82 $0.00 2.50%$103.34 $0.00 $215,774.96 $215,775 13 Community Service Officer II 11 2088 100%$61.82 $0.00 2.50%$63.37 $0.00 $132,307.16 $1,455,379 LINE ITEM DESCRIPTION Per Position Request 14 Overtime $369,240 15 Palm Desert Station Facility Fee $394,740 16 Records Management System $122,400 17 Cal ID - Statewide Fingerprint ID System $53,892 18 Mileage Cost - Patrol Units $419,160 19 Mileage Cost - Plain Units $22,500 20 BSU Fuel $12,000 21 Motorcycle Fuel $8,700 22 Motorcycle Maintenance $54,600 23 Police Contingency Fund Special equipment, materials, training, & program support $30,000 24 Explorer Post 507 contribution $6,900 25 Operational Reoccuring Costs $70,000 26 Shop with a Cop/YBFIT $10,000 27 ALPR $113,500 TOTAL $20,976,865 Projected increase from FY 2021/22 Police Budget ($20,039,162) to the FY 2022/23, based on the current recommended level of service.$937,703 Increase/Decrease 4.81% Estimated costs to deploy cameras in 30 fixed locations (Year 1 costs of $113,500 with ongoing cost of $103,500) DETAIL Officer extended shifts, Investigations, CSO's , Sergeants, Dedicated Cost Estimate Cost Estimate Billed at $1.00 per capita (53,892 as of 01/01/2021-DOF estimate) Funding for Palm Desert Explorer Post 507 Costs for blood draws, blood analysis, sexual assault exams, etc. Costs to participate in these annual events 499,000 miles $.84 per mile (based on current year average) 45,000 miles @ .50 per mile (based on current year average) Avg. $1,000.00 per month x 12 months Avg. $145.00 monthly per motor x 12 months x 5 motors Avg. $7,800 per year x 7 motors Per an agreement with the DSUSD, 50% of actual cost is reimbursed directly to the city of Palm Desert (by DSUSD) for the SRO position at the PDHS. Productive Patrol Hours fluctuate most years. For FY 2022/23 1,884 "productive hours" are estimated under the new County shift model (3/12 & 4/12 less time estimated for vacation, sick, etc. because positions are backfilled).96 Five Year Budget History-Police Department FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 Patrol Hours 171.4 171.4 171.4 144 144 144 Patrol FTE's 36 36 36 30 28 28 Patrol Budget $11,687,208 $11,801,164 $12,060,510 $10,528,756 $10,817,689 $11,100,738 Other Contract Sworn 25 25 25 19 19 20 Contracted Non-Sworn 10 10 8 11 11 11 Other Staff Budget $8,401,960 $8,552,100 $8,564,649 $7,368,396 $7,626,623 $8,188,495.15 Other Costs Budget $1,689,234 $1,579,854 $1,651,068 $1,613,658 $1,570,816 $1,687,632.00 Patrol Rate Increase %:10%5%5%6%4% TOTAL $21,778,402 $21,933,119 $22,276,227 $19,510,810 $20,015,128 $20,976,865 FIVE YEAR BUDGET HISTORY –POLICE DEPARTMENT 97 Police Services Staffing Provided via Partnership with the Riverside County Sheriff’s Department Positions Palm Desert Patrol Deputies/Corporals (FTE)27.90 Special Enforcement Team (SET)3.00 Business District Team (BDT)4.00 COVE Commercial Traffic Enforcement 1.00 Motor Team 4.00 Burglary Suppression Team 2.00 School Resource Officer 1.00 CVVCGTF Deputy 1.00 CVNTF Deputy 1.00 Total Sworn Patrol & Special Teams 44.90 Captain 1.00 Lieutenant 1.00 Motor Sergeant 1.00 BDT/SET Sergeant 1.00 Rate Supported Lieutenants (FTE)1.54 Rate Supported Sergeants (FTE)5.68 Rate Supported Investigators (FTE)3.89 Total Sworn Management/Rate Support 15.11 Community Service Officer II (CSO)11.00 Rate Supported CSOs (FTE)1.99 Rate Supported Sheriff's Service Officer (FTE)1.07 Rate Supported Accounting Staff (FTE)1.86 Rate Supported Office Staff (FTE)3.74 Total Classified Support 19.66 Total Sworn Positions 60.01 Total Contract Positions 79.67 Total Sworn Positions p/ 1,000 Residents 1.1 98 FBI VIOLENT CRIME DATA (2014-2020)99 FBI VIOLENT CRIME RATE (2014-2020) 2.52 3.31 6.71 2.73 5.99 1.22 2.44 5.77 2.35 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE 2020 Violent Crime Rate (per 1,000) 100 FBI VIOLENT CRIME RATE (2014-2020) 98.9 155.8 212.4 223.1 280.3 231.4 150.8 176.1 174.6 258.7 244.3 439.6 411.2 423.5 402.6 396.4 428 444.8 453.3 447.5 442.1 442 404.5 387.1 387.8 369.1 361.6 373.7 397.5 394.9 383.4 380.8 398.5 0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 500.0 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Violent Crime Rate (per 100,000) Palm Desert California United States 101 FBI PROPERTY CRIME DATA (2014-2020)1,1941,1521,1601202,2101,3242,1782,7226771,1521,2381,1101502,1121,2202,2993,0297691,0971,3029261101,9441,0852,1442,7547017691,1417841592,2871,1972,0761,9635727171,1436381322,2421,1541,9892,0787086028946801381,8801,0321,8481,9666286517154801111,3768521,5641,690621CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE 2014 2015 2016 2017 2018 2019 2020 102 FBI PROPERTY CRIME RATE (2014-2020) 12.64 17.05 14.76 23.33 15.44 22.68 30.57 37.91 36.53 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 CATHEDRAL CITY COACHELLA DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE 2020 Property Crime Rate (per 1,000) 103 Questions? 104 Fire Budget 105 Fire Suppression, Rescue, & Emergency Medical ServicesProvided via partnership with the Riverside County Fire Department (Cal-FIRE) Successes Responded to 9,049 calls for service: Station 67 –1,034;Station 33 –3,143;Station 71 –4,872 Launched fire facilities study with MatrixConsultingGroup,formed a sub-committee,conducted study session with City Council on 4th fire station and necessary improvements to FS33and71,and presented to the Public SafetyCommission Developed plan of action to address deferredmaintenancetofirefacilities Major Initiatives for FY 22/23 Develop funding MOU for 4th fire station and continue to develop strategy for the planning, design, and construction of the 4th fire station Prepare concurrent strategy for the rehabilitation or reconstruction of FS 33 and 71 Review the current fee schedule for emergency medical services cost recovery. Continue to address deferred maintenance. 106 Fire Suppression, Emergency and Rescue Non-General Fund Budget Non-General Fund BudgetFY 2022/23 Proposed Budget Fire Services Fire Service 16,430,375 Professional Service 385,000 Repair & Maintenance 150,000 Office Equipment - Utilities 92,500 Capital 530,000 Capital - Autos - Capital Equipment 108,400 Grand Total 17,696,275 Prior Year Budget 17,499,500 107 Fire & EMS Staffing Provided via partnership with the Riverside County Fire Department Station Position Total Engineer 2.0 Firefighter II 2.0 Firefighter II Medics 6.0 Total Station No. 33 10.0 Truck Captain 3.0 Truck Engineer 3.0 Firefighter II 6.0 Total Ladder Truck 33 12.0 Captian 1.0 Engineer 2.0 Firefighter II 2.0 Firefighter II Medics 5.0 Total Fire Station 67 10.0 Captian 1.0 Engineer 3.0 Firefighter II 2.0 Firefighter II Medics 8.0 Total Fire Station 71 14.0 Engineer*2.0 Firefighter II Medics 2.0 Total Medic Unit 255**4.0 Fixed Relief 5.0 Vacation Relief 6.0 Total Staiton Relief 11.0 Total Firefighter / Medic Position 61.0 *Converson from FFII Paramedic to Engineer due to national Paramedic ** Located in Indian Wells and services Palm Desert 108 2021 Incidents109 2021 Statistics Incident Count by Station PRA 2017 2018 2019 2020 2021 Total 33 3,184 3,116 3,206 2,917 3,143 15,566 67 1,106 1,082 1,058 993 1,034 5,273 71 5,345 5,101 5,264 4,688 4,872 25,270 E33 M33 T33 E67 M67 E71 M71 2017 4 3.9 3.9 4.2 4.3 4.3 4.1 2018 3.7 4 4 4.5 4.2 3.7 4 2019 4 3.9 3.9 4.4 4.5 3.8 4.1 2020 4.3 4.2 4.2 4.7 4.9 4.2 4.4 2021 4.7 5.3 5.2 5.1 5.3 5.1 5.3 % Change 9%26%24%9%8%21%20% 110 2021 Statistics –Medical vs Other calls CPD Payor, 0% Medicare, 57% Medicaid, 12% Private Insurance, 10% Bill Patient, 5% Private Pay , 16% Distribution of EMS Cost Recovery Trips Fire , 10% Medical, 83% Other, 7% Calls by Type 2021 111 Fire and EMS Budget FY 2017/2018 FY 2018/2019 FY 2019/2020 FY 2020/20217*FY 2021/22* FY 2022/2023 Fire/EMS Cooperative Services Agreement 13,287,151$ 13,505,359$ 13,442,865$ 12,734,027$ 15,901,000$ 16,616,545$ Wittman Billing Services $ 109,765 $145,857 $ 122,307 $133,000 $133,000 Federal Quality Assurance Fee1 $ 122,904 $150,000 $ 166,797 $226,000 $235,000 Contingency Fund $19,208 $ 45,819 $10,861 $25,557 $50,000 $50,000 Other (admin fees, utilities, R/M buildings, etc.) $189,373 $ 172,629 $122,810 $ 150,500 $202,500 $242,500 Capital Vehicles / Capital Projects 2 $ 236,461 $ 1,213,000 $530,000 Total Expenditures: $ 13,495,732 $ 13,956,477 $ 13,872,394 $ 13,435,648 $ 17,725,500 $ 17,807,045 Fire Fund Revenues: Structural Fire Tax4 $ 5,909,280 $ 6,036,130 $ 6,250,113 $ 7,889,982 $ 6,519,410 $ 7,000,000 Prop A Fire Tax5 $ 2,237,916 $ 2,730,402 $ 2,314,419 $ 2,140,682 $ 2,400,000 $ 2,200,000 EMS Cost Recovery3 $ 2,121,193 $ 2,857,519 $ 2,571,832 $ 2,300,000 $ 2,400,000 Reimbursement for Ladder Truck6 $ 1,188,743 $ 1,151,283 $ 1,174,349 $ 1,101,349 $ 1,100,000 $ 1,100,000 Miscellaneous Fees (Permits, Fireworks, etc.)/Interest $84,019 $ 223,883 $192,712 $60,443 $25,000 $20,000 Total Revenue: $ 9,419,958 $ 12,262,891 $ 12,789,113 $ 13,764,287 $ 12,344,410 $ 12,720,000 Transfer in from the General Fund8 $ 3,668,540 $ 2,300,000 $ 3,000,000 $ 3,800,000 $ 4,000,000 $ 4,600,000 (Budgeted amount) Fire Fund Balance @ FY End (Fund 230)9 1,895,067$ 2,501,481$ 4,418,202$ 8,546,839$ 7,165,749$ 6,678,704$ Fire Facilities Restoration Fund Balances @ FY End (Fund 235)1,108,171$ 1,153,479$ 1,212,787$ 1,258,311$ * Budget only - FY 21/22 (all other years = actuals) 1Charged Per Medi-Cal Transport - cost increase in FY 21/22 2Capital Projects/ Capital Vehicles budgets: Improvements for 71 & 33, 4An annual Fire Tax credit from the County, which is comprised of structural fire taxes & former redevelopment agency pass through funds. 5The 1980 voter approved City Fire Tax for upgrading fire prevention and protection services ($60 per dwelling unit and varies for commercial-maximum levy). 7In FY 2020/2021 added staffing for Squad 71 (2 Fire Apparatus Engineers/2 Firefighter II Paramedics) 8Each year funds are transferred to maintain a Fire Fund balance adequate for future cost increases, equipment purchases and necessary renovations to City owned facilities. 10Fire Facilities Fund (fund 235) consists of developer impact fees set aside for construction of 4th Fire Station, as determined by nexus studies. Note: The City has not been making transfers out for depreciation for equipment replacement since 2012 * Budgeted @ 3.8 million 3 Billing for services began October 2018. Cost recovery from Emergency Medical Services Billing Program. 6The ladder truck is a shared resource with the Cities of Rancho Mirage and Indian Wells, and reimbursed per agreed upon Cove Communities formula 9Fire Fund Balance - in 2012 the balance was $441, since then transfers have been made to provide funding for anticipated cost increases, additional staff (Squad 71), equipment purchases and necessary facility restorations @ Station 71 & 33.Five Year Review w/Footnotes112 Fire Station CIP •NS Fire Station (2023/2024)Updated Est. Cost $26.5M Potential Funding Source(s) – $10-18M -PA 4 Bond Funds (w/regional benefit findings) $2.5M –PA 2 Bond Funds (Funds returned from I-10 @ Portola $1.3M –Fire Facilities Restoration Fund (235) $2.5M –Contribution from County of Riverside (Arena Project) $2.2-7.2M –Contribution from County of Riverside/Cal Fire** •Station #71 Renovation (2024/2025)Est. Cost $12M Potential Funding Source(s) – $12M –PA 2 Bond Funds (Funds returned from I-10 @ Portola) •Station #33 Renovation (2025/2026)Est. Cost $12M Potential Funding Source(s) – $2.7M –PA 1 Bond Funds (Funds returned from McCallum) $8M –Fire Fund (230) General Fund Reserve **Contribution amount subject to negotiation 113 Questions? 114