| | | | | | | | CITY OF PEORIA, ARIZONA COUNCIL COMMUNICATION | Agenda Item: 4C. |
| Date Prepared: 9/23/2024 | Council Meeting Date: 10/15/2024 |
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| | | | | | | | | TO: | Mike Faust, City Manager
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| | | | | | | | THROUGH:
| Mike Faust, Deputy City Manager |
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| | | | | | | | | FROM:
| Jeffrey Curran, Development and Engineering Director
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| | | | | | | | SUBJECT:
| Agreement, Flock Group, Inc., Revocable License |
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| | | | | | | | Purpose:
Discussion and possible action to approve a Revocable License Agreement issued to Flock Group, Inc. for the purpose of granting permission to install, operate, maintain traffic cameras, and use public highways, public rights-of-way, public streets, and public utility easements within the City of Peoria to provide Flock Services as set forth in the related Master Services Agreement. |
| | | | | | | | Summary:
As a critical component of the Peoria Police Department’s Real Time Crime Center operations, the City and Flock Group, Inc. have entered into a Master Services Agreement (“Services Agreement”), attached hereto as Exhibit A, dated September 23, 2024 (ACON07225) for the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage (“Flock Services”).
Flock will install traffic cameras on specific City-owned street light poles, or traffic signal poles if authorized by the City in its sole discretion, and use the public highways, public streets, public rights-of-way, and public utility easements in the City to provide Flock Services pursuant to the terms of the Services Agreement. The equipment to be installed consists of the aforementioned traffic cameras and may include the pole, clamps, solar panel, installation components, and any other physical elements (“Facilities”). All Facilities installed shall comply with City construction and engineering standards and will be installed and constructed at the Sites generally depicted in Exhibits A of the proposed Revocable License Agreement (“License”).
For the purposes of providing the Flock Services, the City and Flock desire to enter into a License to facilitate the installation, maintenance, operation and repair of Flock’s Facilities at the Sites within the City’s public highways, public streets, public rights-of-way, and public utility easements
The Sites depicted in Exhibit A of the License may be amended upon written request of Flock and subject to the approval and discretion of the City’s Development and Engineering Department Director. Any amendments to the Exhibits will not become effective until written Flock’s request and the Development and Engineering Department Director’s approval has been filed with the City Clerk.
Under the terms of the License, Flock is responsible to:
· Apply for and obtain any permits prior to constructing, installing, maintaining or performing any work in the public highways, public streets, public rights-of-way or public utility easements, which require a permit and plan review approval from the City.
· Submit required construction assurances (permits bond in the amount of the cost of the improvements) and certificate of insurance for each permit prior to beginning any and all construction work performed pursuant to the rights granted under this Agreement. The permit bonds for each permit are separate from the Performance Bond and Revocable Letter of Credit.
· Post a performance bond in favor of the City in the sum of $100,000 to guarantee that the Licensee shall well and truly observe, fulfill and perform each and every term of this License;
· Prior to applying for any permit deposit a security fund in the sum of $100,000, as security for the faithful performance by it of all the provisions of this License, and compliance with all orders, permits and directions of any department or office of the City.
· Comply with the other terms and conditions of the License. |
| | | | | | | | Previous Actions/Background:
September 23, 2024 – The City and Flock entered into the Master Services Agreement attached hereto as Exhibit A. |
| | | | | | | | Staff Recommendation:
Staff recommends approval of the Revocable License Agreement issued to Flock Group, Inc. for the purpose of granting permission to construct, install, operate, maintain, and use public highways, public rights-of-way, public streets, and public utility easements within the City of Peoria to install its Facilities and provided Flock Services for the Peoria Police Department’s Real Time Crime Center. |
| | | | | | | | Contact Name and Number:
Jeff Curran, P.E., (623) 773-7249 |
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