R2021-40 Resolution Authorizing a Lease Agreement Between the City of Decatur and Flock Safety for the Deployment of 60 LPR Cameras in the City Neighborhoods and Adjacent Thoroughfares

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frock safety GOVERNMENT AGENCY CUSTOMER 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 below("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 Service creates images and recordings of suspect vehicles("Footage")and can provide notifications to Agency upon the instructions of Non- Agency End User("Notifications"); WHEREAS,Agency desires to purchase,use and/or have installed access to the Flock Service in order to create,view,search and archive Footage and receive Notifications,including those from non-Agency users of the Flock System(where there is an investigative purpose)such as schools,neighborhood homeowners associations, businesses,and individual users; WHEREAS,because Footage is stored for no longer than 30 days in compliance with Flock's records retention policy,Agency is responsible for extracting,downloading and archiving Footage from the Flock System on its own storage devices;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 purpose of crime awareness and prevention 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 "Authorized End User"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. 1.2"Agency Data"will mean the data,media and content provided by Agency through the Services.For the avoidance of doubt,the Agency Content will include the Footage and geolocation information and environmental data collected by sensors built into the Units. 1.3"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. 1.4"Embedded Software"will mean the software and/or firmware embedded or preinstalled on the Hardware. 1.5"Flock IP"will mean the Flock Services,the Documentation,the Hardware,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. 1.6"Footage"means still images and/or video captured by the Hardware in the course of and provided via the Services.