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Home My WebLink About09 - Amendment to PSA for Flock ALPR SystemQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report September 9, 2025 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org PREPARED BY: Jonathan Stafford, Deputy Director - 949-644-3650, jtafford@nbpd.org TITLE: Amendment No. Two to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System ABSTRACT - The Police Department requests City Council approval of Amendment No. Two (Amendment) to the agreement with Flock Group, Inc. (Flock) and a budget amendment to cover the costs of the Amendment. If approved, the term of the agreement will be extended to coincide with the execution date, four additional automated license plate reader (ALPR) units will be placed at three locations in Newport Beach, and data retention will be increased from 30 days to one year. Costs for the Amendment will be $144,800 over the remaining four years of the agreement for a total not -to -exceed amount of $1,618,100. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Two to the Professional Services Agreement with Flock Group, Inc, of Atlanta, Georgia to extend the term of the agreement to coincide with the execution date, for the addition of four ALPR units and to increase data retention from 30 days to one year at a cost of $144,800 for a total not -to -exceed amount of $1,618,100 and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 26-024 appropriating $15,200 in increased expenditures in Account No. 01035355-811008 from the unappropriated General Fund balance. DISCUSSION: The City Council approved the original agreement with Flock on July 9, 2024, for 69 ALPR units strategically placed throughout the city, 30 days of data retention, and related advanced search features. The agreement has been amended once to add four ALPR units in the area of Fashion Island for a total of 73 ALPR units. The Police Department has identified three new locations where ALPR units are needed and has determined that ALPR data retention needs to be increased to one year. 9-1 Amendment No. 2 to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System September 9, 2025 Page 2 New ALPR Locations The Police Department identified three locations where ALPR units are needed to increase coverage of the Flock system. Better coverage is needed to address ongoing problems with criminal activity, disturbance behavior and reckless driving at Corona del Mar State Beach, and to decrease the distance between ALPR units in the upper Newport Coast area to provide more timely travel pattern information for vehicles suspected of involvement in crimes. The new ALPR locations are described below: 1. The entrance to Corona del Mar State Beach. This location would have dual ALPR camera/processor units scanning vehicles entering and exiting the beach parking lot. The camera/processor units will be installed on a single pole in the landscaped median and will share a solar panel/battery unit. 2. The northeast corner of Vista Ridge Road and Newport Coast Drive scanning all lanes of northbound vehicular traffic using a Long Range Falcon ALPR unit. 3. The southeast corner of Ridge Park Road and Newport Coast Drive scanning eastbound vehicular traffic using a standard Falcon ALPR unit. Increased Data Retention The current 30-day retention period for ALPR data has proven insufficient for effective investigation of crimes. Crimes are often not reported immediately and diligent investigative work sometimes requires extended time to determine that a pattern or series of crimes are related by modus operandi, by vehicle or suspect description or other information shared among regional law enforcement agency partners. Increasing ALPR data retention will enable investigators to identify vehicles suspected of being used in crimes and to verify whether an identified suspect vehicle was used in crimes that occurred more than 30 days in the past. Costs Total costs for the Amendment over the remaining four years of the agreement are $144,800. The table below shows a breakdown of costs for the new ALPR units and the additional data storage- 9-2 Amendment No. 2 to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System September 9, 2025 Page 3 ANNUAL COSTS COMPONENT QUANTITY COST (Per Unit) TOTAL (Over 4 Years) Falcon ALPR Unit 1 $3,000 $12,000 Long -Range Falcon Unit 1 $5,000 $20,000 Dual Falcon Unit 1 $4,800 $19,200 Installation (one-time fees) 1 $1,200 $1,200 Extended Data Retention 77 $300 $92,400 FY 2025-26 Costs $37,100 Annual Cost - Years 3-5 $107,700 Amendment No. 2 Total $144,800 FISCAL IMPACT: The Budget Amendment appropriates $15,200 in increased expenditure appropriations from the General Fund unappropriated fund balance. Costs for the Amendment will be expensed to the Detective Division Professional Services account, 01035355-811008. Funding for increasing data retention to one year for the 73 existing ALPR units was approved as a budget enhancement for the current fiscal year, so the Budget Amendment will cover the costs of the four new ALPR units, including installation and extended data retention. Ongoing costs for the new ALPR units will be addressed in the annual budget preparation process. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. Two to the Professional Services Agreement with Flock Group, Inc. for Flock ALPR System Attachment B — Budget Amendment No. 26-024 9-3 Attachment A Amendment No. 2 to the Professional Services Agreement with Flock Group, Inc. for Flock ALPR System AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH FLOCK GROUP INC. FOR FLOCK ALPR SYSTEM THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 9th day of September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and FLOCK GROUP INC., a Delaware corporation ("Consultant"), whose address is 1170 Howell Mill Road NW, Suite 210, Atlanta, GA, 30318, and is made with reference to the following: RECITALS A. On July 9, 2024, City and Consultant entered into a Professional Services Agreement (Contract No. C-9663-1) ("Agreement") to provide installation, maintenance, and operational services for the Flock ALPR System ("Project"). B. On December 19, 2024, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, and to increase the total compensation. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on October 18, 2029, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit E to the Agreement shall be supplemented to include the Flock Unit Locations, attached hereto as Exhibit E and incorporated herein by reference ("Services" or "Work"). Exhibit E to the Agreement, Exhibit E to Amendment No. One, and Exhibit E to this Amendment No. Two shall collectively be known as "Exhibit E." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Amendment Order Form, attached hereto as Exhibit B and incorporated herein by reference. Exhibit 9-5 B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Flock Order Form(s) attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Six Hundred Eighteen Thousand One Hundred Dollars and 001100 ($1,618,100.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Forty Four Thousand Eight Hundred Dollars and 00/100 ($144,800.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Flock Group Inc. Page 2 • e IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_gr2 RTl L rIL� CITY OF NEWPORT BEACH, a California municipal corporation Date: By:_aa_ Ar By: Aaron C. Harp Joe Stapleton City Attorney Mayor ATTEST: Date: Molly Perry Interim City Clerk CONSULTANT: FLOCK GROUP INC., a Delaware corporation Date: By: Garrett Langley Chief Executive Officer Date: By: Dan Haley Secretary [END OF SIGNATURES] Attachments: Exhibit B — Order Form Exhibit E — Flock Unit Locations Flock Group Inc. Page 3 9-7 EXHIBIT B ORDER FORM Flock Group Inc. Page B-1 9-8 f i0ock safety AMENDMENT This amendment ("Amendment") supersedes and amends the previously executed agreement between the Parties, dated 10/24/2024, relating to the provision of services by Flock Group Inc ("Flock") to CA - Newport Beach PD ("Customer") and any schedules or exhibits attached thereto or incorporated therein by reference (the "Agreement") The remainder of the Agreement shall remain in full force and effect- In the event of a conflict between this Amendment and the Agreement the terms of this Amendment will prevail_ Any capitalized terms used in this Amendment will have the same meaning as in the Agreement, unless expressly defined otherwise. This Amendment is effective upon execution by both Parties (the "Effective Date"). The Agreement is amended as follows: Any applicable Flock HardwarelSoftware, Professional Services and/or One Time Purchases listed on the table(s) below are added into the Agreement in its entirety. Any recurring fees added to the Agreement through this Amendment will be prorated as of the Effective Date of this Amendment. Any prorated amounts provided are for recutring fees only and subject to change based on Effective date. After the current Term, Customer shall pay the fees as set forth in the applicable product tables pursuant to payment terms indicated on the Order Form or pnor Agreement Hardware and Software Products Annual recurring amounts aver subscnption term Flock Safety LPR Products Solar LPR, fka Solar Falcon Included 2 Included Solar Long -Range LPR, fka Solar Falcon LR Included I Included Flock Safety LPR. fka Falcon Included I Included Flock Safety Platform Add Ons Extended data retention (Up to l Year) $300 00 77 $23,100 00 Professional Services and One Time Purchases Flock Safety Professional Services Professional Services - Solar Bundle Implementation $900 00 1 MOM Fee Professional Services - Existing Infrastructure $150.00 1 $150.00 Implementation Fee Professional Services - Existing Infrastructure S150.00 1 $150.00 Implementation Fee Annual Recurring Subtotal: S35 900,00 EXHIBIT E FLOCK UNIT LOCATIONS Flock Group Inc. Page E-1 9_10 EXHIBIT E ADDITIONAL FLOCK UNIT LOCATIONS Installation of Flock ALPR units on traffic signals and streetlights shall not interfere with City -owned or permitted cameras, traffic control devices, antennae or any other equipment. 2. Installation locations can be changed by City pursuant to the terms of the Agreement. Flock Unit # Flock Unit Name Location Installation Type City Streetlightl Traffic Signal # P#005 Breakers Drive @ Entrance to CdM Main Beach 3000 Breakers Drive New Flock Pole NIA F#007 Ridge Park Rd @ Newport Coast Dr EB S/E Ridge Park Rd/Newport Coast Dr Traffic Signal NIA LR#030 Newport Coast Dr @Vista Ridge Rd NB NIE Newport Coast/Vista Ridge Rd Traffic Signal SLC9051 9-11 Attachment B Budget Amendment No. 26-024 9-12 �� W PUPA City of Newport Beach BUDGET AMENDMENT 2025-26 BA#:26-424 Department: Police ONETIME: ❑ Yes ❑ No Requestor: Jonathan Stafford ❑ CITY MANAGER'S APPROVAL ONLY Clerk: 0 COUNCIL APPROVAL REQUIRED jFinance Director: Man To increase expenditure appropriations from the General Fund for additions to the Flock ALPR system Date Date 617-6125 Date0bio?6/91,t- ❑ from existing budget appropriations ❑ from additional estimated revenues Q from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ ...�_.. �...�.._ _ Subtotal $ - EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01035355 811008 DETECTIVES - SERVICES PROFESSIONAL 15,200.00 Subtotal $ 15,200.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ O10 300000 GENERAL FUND - FUND BALANCE CONTROL (15,200.00) Subtotal $ (15,200.00) Fund Balance Change Required 9-13