AGENDA Sawmills Town Hall Tuesday,July 20, 2021 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters: A. Budget Amendment  Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Town Manager Chase Winebarger Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene  A. July 20,2021 Regular Meeting Minutes B. July-20,2021 Closed Session Meeting Minutes  B. Disabled. American Veterans Chapter 61 Donation Request C. Caldwell County Schools Donation Request A. Flock Safety Cameras and Budget Amendment B. Sawmills Architectural Proposal Master Plan  9. Discussion:  10. Public Comment 11. Updates:  A. Code Enforcement Report B.Town Manager Updates C. Council Comment  12. Closed Session: N.C.G.S. $143-318.11(a)03)  13. Adjourn    Page 1 of7  TUESDAY,JULY20, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Melissa Curtis Keith Warren Joe Wesson COUNCIL ABSENT Rebecca Johnson  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Tanner Greene  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  6:06pm.  INVOCATION: Councilman Clay Wilson gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor. Johnny Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnny Greene asked for a motion to adopt the July 20, 2021 Melissa Curtis made ai motion, and Clay Wilson seconded, to adopt the. July 20, 2021 Agenda.  Agenda.  All were in favor.  APPROVE JUNE 15, 2021 REGULAR MEETING MINUTES: Mayor Johnny Greene Joe Wesson made a motion, and Clay Wilson seconded, to approve the June 15, 2021 regular  asked for a motion to approve the June 15, 2021 regular meeting minutes.  meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak.    July 20, 2021 Page 2 of7  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor. Johnny Greene announced Andrew Tramble, as the July Recycle Rewards winner. A credit ofthirty-two dollars ($32.00) will be added to the  current sanitation bill. No Council action was required. FINANCIAL MATTERS:  WPCOG IRAN DIVESTMENT ACT CERTIFICATION: Mayor Johnnie Greene stated that the Western Piedmont Council of Governments (WPCOG) has stated that they would need an Iran Divestment Act Certification signed stating that the Town of Sawmills is not Clay Wilson made a motion, and Melissa Curtis seconded, to sign the Iran Divestment Act Certification stating that the Town of Sawmills is not listed on the Finale Divestment List  listed on the Final Divestment List created by the State Ireasurer.  created by the State Treasurer. All were in favor.  WPCOG PLANNER/CODE ENFORCEMENT OFFICER AGREEMENT: Mayor Johnnie Greene stated that the current contract with the Western Piedmont Council of Governments (WPCOG) for planning services will expire on June 30, 2021, and will need to ber renewed. Ifrenewed, the contract will be effective starting July 1, 2021 and ending June 30, 2022. The amount of the contract will not exceed twenty-four thousand six hundred eighty-eight dollars ($24,688.00) and will be billed in four (4) equal quarterly payments of Melissa Curtis made a motion, and Clay Wilson seconded, to approve the Planning/Code Enforcement Contract Renewal with the WPCOG in the amount oft twenty-four thousand six hundred eighty-eight dollars ($24,688.00) and will be billed in four (4) equal quarterly payments of six thousand one hundred seventy-two dollars ($6,172.00). All were in favor. WPCOG PROVISION OF STORMWATER UTILITY GIS MAPPING SERVICES: Mayor Johnnie Greene stated that Western Piedmont Council of Governments has sent a contract for the Provision of Stormwater Utility GIS Mapping Services. The contract will be effective starting July 1, 2021 and ending December 31, 2025. The amount of the contract will not exceed thirty-four thousand six hundred sixty-eight dollars ($34,668.00) and will be billed in four (4) equal annual payments of eight thousand six hundred sixty-seven dollars Clay Wilson made a motion, and Melissa Curtis seconded, to approve the Provision of Stormwater Utility GIS Mapping Services contract in the amount not exceed thirty-four thousand six hundred sixty-eight dollars ($34,668.00) and will be billed in four (4) equal annual payments of eight thousand six hundred sixty-seven dollars ($8,667.00). All were in  six thousand one hundred seventy-two dollars ($6,172.00).  ($8,667.00).  favor.    July 20, 2021 Page 3of7  WPCOG ASSISTANCE IN SUPPORTING THE WESTERN PIEDMONT STORMWATER PARTNERSHIP: Mayor Johnnie Greene stated that the Western Piedmont Council of Governments has sent a contract for the Assistance in Supporting the Western Piedmont Stormwater Partnership. The contract will be effective starting July 1, 2021 and ending June 30, 2023. The amount of the contact will not exceed twenty-four thousand four hundred nine dollars ($24,409.00) and willl be billed: in eight (8) equal quarterly payments of three thousand fifty-one dollars and thirteen cents ($3,051.13). Melissa Curtis made a motion, and Clay Wilson seconded, to approve the Assistance in Supporting the Western Piedmont Stormwater Partnership contract in the amount not to excedtwenty-fourt thousand four hundred nine dollan:(24,09.00and willl be billed in eight (8) equal quarterly payments of three thousand fifty-one dollars and thirteen cents  ($3,051.13). All were in favor.  WPCOG PROVISION OF ADA PLANNING ASSISTANCE: Mayor Johnnie Greene stated that the Western Piedmont Council ofGovernments has sent a contract fort the Provision of ADA Planning Assistance. The contract will be effective. July 1, 2021 and ending June 30, 2023. The amount of the contract will not exceed six thousand three hundred five dollars ($6,305.00) and will be billed in eight (8) quarterly payments of seven hundred eighty-eight Melissa Curtis made a motion, and Clay Wilson seconded, to approve the Provision of ADA Planning Assistance contract in the amount not to exceed six thousand three hundred five dollars ($6,305.00) and will be billed in eight (8) quarterly payments ofs seven hundred eighty-  dollars and thirteen cents ($788.13).  eight dollars and thirteen cents ($788.13). All were in favor.  DISCUSSION:  INTERSECTION OF SAWMILLS SCHOOL ROAD AND DRY PONDS ROAD: Mayor Johnnie Greene stated that there have been numerous accidents and/or deaths due to traffic accidents at the intersection of Sawmills School Road and Dry Ponds Road. This Council discussed this matter and instructed Town Manager Chase Winebarger to reach out  intersection is a DOT road and not a Town maintained road.  to DOT and see if DOT can help with the accidents at the intersection.  RESOLUTION ADDRESSING 4110 ARDMORE LN: Mayor Johnnie Greene stated that the Council would need to approve. a Resolution Confirming Actions ofLaw Enforcement in Proceeding Against the Owners of 4110 Ardmore Lane to Abate the Nuisance at 4110 Ardmore Lane Pursuant to Chapter 19 of North Carolina General Statutes. North Carolina General Statute Chapter 19 authorizes the abatement of nuisances. The Town has been made Clay Wilson made aj motion, and. Joe Wesson seconded, to approve the Resolution Confirming Actions of Law Enforcement in Proceeding Against the Owners of 4110 Ardmore Lane to  aware. that 4110. Ardmore Ln has became a nuisance property.    July 20, 2021 Page 4 of7  Abate the Nuisance at 4110 Ardmore Lane Pursuant to Chapter 19 ofNorth Carolina General  Statutes. All were in favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  JULY CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated that  there are four (4) code enforcement cases open:  Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staff regarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would: recommend demolition. Town Planner Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor and former Town Planner to get all the evidence for this property. Town Planner Dustin Millsaps stated that on February 19, 2021, the title search process had been started with Town Attorney Terry Taylor. Town Planner Dustin Millsaps stated that on March 11, 2021, there were three (3) heirs found from the title search process and letters had been sent out to all three (3) heirs. Town Planner Dustin Millsaps stated that as of May 11, 2021, fines have started to occur on this property. Town Planner Dustin Millsaps stated that as of June 10, 2021, all information on this case. has been handed over to Town Attorney Terry Taylor to explore all options that are left to close Carolyn Bray/Robyn Brittan, 2570 Baker Cir. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated that he was working with Town Attorney Terry Taylor to abate this property. Town Planner Dustin Millsaps alsos stated that he will treat this as a. Junk and Debris and not minimum housing. Ifso, the Town can proceed to abate after thirty (30) days of notice. Town Planner Dustin Millsaps stated that he got a quote that will demo entire trailer and haul off all debris including  this case;    July 20, 2021 Page 5of7  our equipment, labor and fees. Town Planner Dustin Millsaps stated that the quote is four thousand one. hundred dollars ($4,100.00). Town Planner Dustin Millsaps stated that on September 10, 2020, the house was still in the same condition and the Town needed to discuss abatement. Town Planner Dustin Millsaps stated that on November 30, 2020, the he had been in contact with Town Attorney Terry Taylor to get all evidence for this property done with previous Town Planner. Town Planner Dustin Millsaps stated that on February 12, 2021, Council instructed Town Planner to table this case until the May 18, 2021, meeting to see where the property ends up. Town Planner Dustin Millsaps stated that on May 7, 2021, he spoke with Attorney Bruce Vanderbloemen, the estate attorney for Carolyn Bray, and wasi informed that thel house has had all the paperwork finished for the property to be sold in a tax sale at the end ofl May. Town Planner Dustin Millsaps stated that on July 2, 2021 Attorney Bruce Vanderbloeman had assumed rights over the property. Town Planner Dustin Millsaps stated that he went by the property on July 9, 2021 and the property looked to be Denise Dotson/William S Annas, II, 4095 Gatewood Dr. Abandoned Mobile Home/Minimum Housing. Town Planner Dustin Millsaps stated that a complaint was received on March 5, 2020, and a regular NOV letter and a certified NOV letter was sent on March 5, 2020, with a deadline of March 23, 2020. Town Planner Dustin Millsaps stated that the mobile home has been sprayed painted and has an apparent tenant, however, the water meter has been pulled from the property. Property was cleaned up. However, Mr. Annas informed Town Planner Dustin Millsaps that a new tenant has moved in the mobile home. Town Planner Dustin Millsaps stated that a second NOV letter was sent on May 15, 2020 with a deadline of June 15, 2020 for additional garbage on property. Town Planner Dustin Millsaps stated that staff will investigate and work with Town Attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and all garbage has been picked up, however, the house has multiple windows smashed out which is now a minimum housing violation. Town Planner Dustin Millsaps stated that he spoke with property owner and he plans on removing the trailer on November 5, 2020. Town Planner Dustin Millsaps stated that he spoke to William SAnnas, II, the property owner, on November 5, 2020 and his plans are removing the mobile home. Town Planner Dustin Millsaps stated that he tried to get in touch with property owner William S Annas, II four (4) times from November 5, 2020 to November 19, 2020 before he would answer the phone for him again, and Town Planner Dustin Millsaps stated he informed property owner Williams S Annas, II that the Town would have to pursue moving the mobile home or fines would occur for him. Town Planner Dustin Millsaps stated that he talked to property owner William SAnnas, II on December 8, 2020 and was informed that the property owner had been in contact with an attorney about removal oft the mobile home. Town Planner Dustin Millsaps stated that on January 7, 2021, he spoke with property owner William S Annas, II and the property owner stated that he had not worked with his attorney because his attorney had been quarantined multiple times. Town Planner Dustin Millsaps stated that on 2/7/21 he talked with property owner William S Annas, II,  vacant;    July 20, 2021 Page 6of7  again and Mr.. Annas stated that hei is still talking tol his attorney about getting the issue handled. Town Planner Dustin Millsaps stated that he spoke with property owner William S Annas, II, on 4/13/21 and Mr. Annas stated that he is currently in the process of evicting current tenant SO that he can tear the mobile home down. Town Planner Dustin Millsaps stated that on June 10, 2021, he spoke with William S Annas, II, and was informed that the tenant has been evicted and the last day for the tenant to move out is June 11, 2021. Town Planner Dustin Millsaps stated that William S. Annas, II informed him that after the evicted tenants time to leave is up, he will get with his attorney to look at his options with the dilapidated trailer. Town Planner Dustin Millsaps stated that on. July 1,2021 the tenants had officially been evicted and William S Annas, II was talking with his attorney to see what his next steps on for the trailer would be. Town Planner Dustin Millsaps stated that he went by the property on. July 9,2 2021 and William S Annas, II had started tearing the mobile home down; Glen, Cleo and Doug Sawyer, 4113 Horseshoe Bend Rd. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint regarding tall grass and rubbish and sent a NOV letter on July 2, 2021. Town Planner Dustin Millsaps stated that on  July 9, 2021 he went by the property and the problem still persist.  No Council action was: required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that the Town had purchased between 2,300 to2 2,400 fish and put them in the pond on the Baird Drive Property. Town Manager Chase Winebarger stated that, with Council's approval, he would like to start banning people from Town properties. Town Manager Chase Winebarger stated that people were trying to sleep in the gazebo at the Farmers Market Field and there were people from 4110 Ardmore Ln bringing water jugs and filling them up behind the restrooms at the parks, along with using the bathroom and making messes Town Manager Chase Winebarger stated that Ebenezer Christian Children's Home had bought land off Horseshoe Bend Road across from Friendship Baptist Church. Town Manager Chase Winebarger stated that the land adjoins Virginia Acres on the back side. Town Manager Chase Winebarger stated that he would like to talk to the  at the parks.  owners and see if they would like to annex into the Town.  COUNCIL COMMENTS:  Melissa Curtis stated that, as a member of the beatification committee, she would like to suggest that the Town put hay bales and mums at the intersection ofUS Highway 321A and Sawmills School Road for the fall and then change it out the decorations seasonally at that  spot.    July 20, 2021 Page 7of7  Joe Wesson wanted to thank Kelly Price for coming out and stated that he hoped everyone  has a great week.  CLOSED SESSION PURSUANT TO N.C.G.S. $143.318-11(A)0): Mayor Johnnie Clay Wilson made a motion, and Melissa Curtis seconded, to go into closed session pursuant tol N.C.G.S. $ 143.318-11(a)3) at approximately 6:41pm. All were in favor. Clay Wilson made a motion, and Joe Wesson seconded, to come out of closed session at  Greene asked for a motion to go into closed session.  approximately 7:01pm. All were in favor.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn. Clay Wilson made a motion, and Joe Wesson seconded, to adjourn the meeting. All were in  favor.  The meeting was adjourned at approximately 7:01pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  August 17,2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Harold Ramsey on winning the Recycle Rewards Program for the month of August. Mayor Johnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEMS 8A  MEMO DATE: SUBJECT:  August 17,2021 Financial Matters: Special Revenue Fund Budget Amendment  Discussion:  During the regularly scheduled Council meeting on June 2, 2020, Town Council approved a special revenue fund for the American Rescue Plan Act (ARPA). The Town of Sawmills has received eight hundred twenty-six thousand eight hundred sixty dollars and fifty-two cents  ($826,860.52).  Recommendation:  Staff recommends Council approve a budget amendment in the amount of eight hundred twenty-  six thousand eight hundred sixty dollars and fifty-two cents ($826,860.52).    Agenda Item 8A  TOWN OF SAWMILLS BUDGET ORDINANCE AMENDMENT  Bei it Ordained by the Town Council of the Town of Sawmills, Caldwell County, North Carolina, the following Amendment to the Budget Ordinance for Fiscal Year 2021 -2 2022. Now, therefore, Be It Resolved the following Amendment is hereby Adopted:  Description Special Revenue Fund American Rescue Plan Act (ARPA)  Revenue $826,860.52  Fund 3  Expenditures $826,860.52  General Government Expenditures  Fund3 3  Explanation: By establishing a special revenue fund, all transactions in regards to revenue and expenditures will be accounted for, and reportable to all agencies involved, regarding ARPA  related transactions during Fiscal Year 2021-2022. This Amendment now. Adopted this the 17th day of August, 2021.  Approved: By:  By: ATTEST: Clerk  Mayor, Town of Sawmills  Finance Officer, Town of Sawmills  Terry Taylor Town Attorney and Fiscal Control Act.  This instrument has been preaudited in the manner required by the Local Government Budget  195891-1    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  August 17,2021 Financial Matters: Request for Donation  Discussion:  The Town has received a request from the Disabled American Veterans Chapter 6 for a donation  in the amount oftwo hundred dollars ($200.00). There are sufficient funds in the budget for this request.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    RATED  Town of Sawmills  Johnnie Greene, Mayor Chase Winebarger, Town Manager  Funding Request:  Name of Organization:  Phone #:  Disabled American Veferans ch6  Permanent Address: #113 Hikary Mt Rdckd Hudsn N88638  City:  State: Fed Tax ID #:  Zip Code:  Sfeve Hokselaw Contact Name: 396-4732  Amount Requested:  Amount needed for the Project:  200  Date Funds Needed: Sep1z,21 Project Begin/End Dates: Go4F Tovinament on 9-18-21  Sep18,a1  Complete description of project:  How will the funds be ysed?  help veterans tgamihe with, Asrtedaelal billc.7 Keeps 2 AN son rotid for Mot ICAnG Netwerk  How will this project benefit the community? See above  Official Town Use Only  Date application received: s/alal Date approved/denied (circle one): Date check written:  Date presented to Council: shsla  Amount approved:  Available balance in Governing Body Expense Acct: 2,0000  Check #:  Amount:  This instrument has been preaudited int the manner required by the Local Government Budget and Fiscal Control Act. gpuacld    AGENDA ITEM 8C  MEMO DATE: SUBJECT:  August 17,2021 Financial Matters: Request for Donation  Discussion:  The Town has received a request from the Caldwell County Schools for a donation in the  amount of$14,000.00 (fourteen thousand dollars). There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    Town of Sawmills  Johnnie Greene, Mayor Chase Winebarger, Town Manager  Funding Request:  Name of Organization: Caldweu Couwy Sehnods  Phone  #828727 8467  Permanent Address:  City:  State: 56 6000998  Zip Code:  Michelle_Balain  Contact Name: AnecNdIChhw Tax ID#:  Amount Requested: 14000 Date Funds Needed: 1-1-2021 Complete description of project: SRo Lovtact  Amount needed. for the Project: Project Begin/End Dates:  670,000 6-30-2021  How will the funds be used?  ofEset tolol expewses S6 safcsus How willl this project benefit the community? 5t2o Supost fos Schsolos needed  Dare appiicationr received. shola Dates agproved/tened (cirde one): Available baiance in Governing Body Expense Acct. Date check written:  Offical Town jises Oniy 14,000.00 Amguntapproved:  Dates presented 6 Council sl2l21  Check  Amount:  Thisa strumen: has been: preauditeit at the mamnenawuredb, snatoral Goverment: Budgen anc FiscarCortrtAct, Cpurclat    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  August 17, 2021 Discussion: Flock Safety Cameras And Budget Amendment  Discussion:  Mayor. Johnnie Greene and' Town Manager Chase Winebarger met witha a representative with Flock Safety regarding cameras set up around the Town to help with crime deterrence. Ift the Council decides to purchase the cameras, there will need to be a budget amendment in the  amount to be determined by Council.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    fy'ock safety FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM  This Order Form together witht the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock")and the customer identified below ("Customer") (each of Flock and Customer, a' "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY CUSTOMER. AGREEMENT" attached (the "Terms") which describe ands 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 willl become effective when this Order Form is executed by both Parties (the "Effective Date").  Customer: Town of Sawmills  Contact Name: Chase Winebarger  4076 US-321 Granite Falls, NC 28630  Address:  Phone: E-Mail: Billing Contact: (ifdifferent than above)  828-396-7903  manager@townotsawmilsnc.com  Expected Payment Method:  Initial Term: 24 Renewal Term: 24 Months  Billing Term: Annual payment due Net 30 pert terms and  conditions Price  Name  QTY  Subtotal  (Includes one-time fees) Flock Falcon Camera Implementation Fee (Public)  $2,500.00 $250.00  4 4  $10,000.00 $1,000.00  Year 1Total $11,000.00  Flock Group Inc. Today's Date- Aug 05,2021 This proposal expires in 30 days.  Order Form Town of Sawmills 0064v00001sPg9PAAS    fy'ock safety  Recurring Total:  10000  Special terms: None  Ihave reviewed and agreet tot the Customer Implementation Guide on Schedule Ba at the end ofthis agreement.  By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the" Terms attached. Thel Parties have executed this Agreement as oft the dates set forth below.  Flock Group Inc By: Name: Title:. Date:  Customer: By: Name: Title:. Date:  Flock Group Inc. Today's Date- Aug 05, 2021 This proposal expires in 30 days.  Order) Form Town of Sawmills 0064v00001sPg9PAAS    fi'ock safety  EXHIBITA Statement of Work  Installation of Flock Camera on existing. pole or Flock-supplied pole ifr required.  Flock Group Inc. Today's Date Aug 05,2021 This proposal expires in 30 days.  Order Form Town of Sawmills 0064v0001sPg9PAAS    fock safety  GOVERNMENT AGENCY CUSTOMER AGREEMENT  This Government, Agency Agreement (this "Agreement"): is entered into by and between Flock Group, Inc. with aj place of business at 11701 Howell Mill Rdl 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'st technology platform (the "Flock Service"), and upon detection, the Flock Service creates images and recordings ofs suspect vehicles ("Footage"): and can provide notifications to Agency upon the instructions of Non- 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 oft the Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations, WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock's records retention policy, Agency ist responsible for extracting, downloading and archiving Footage from the Flock System oni its own storage devices for auditing for roisupraladmnstative 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 fort the purpose ofcrime awareness andj prevention by police  Agency End User "Notifications");  businesses, andi individual users;  departments and archiving for evidence gathering ("Purpose").  AGREEMENT  NOW,THEREFORE, Flock: and Agency agree as follows and further agree toi incorporate the Recitals  into this Agreement.  1.DEFINITIONS  Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in 1.1 "Authorized. End User" shall mean any individual employees, agents, or contractors of Agency accessing or using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this 1.2"Agency Data" will mean the data, media and content provided by Agency through the Flock Services. For the avoidance of doubt, the Agency Data willi include the Footage and geolocation information and environmental data 13-Documentation" will mean text and/or graphical documentation, whether in electronic or printed: format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in 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  this Section 1.  Agreement.  collected by sensors built into the Units. accordance with the terms of this Agreement.  Authorized) End Users in connection with the foregoing.    flock safety  1.6"Footage" means still images and/or video captured by the Hardware int the course ofa and provided via the Flock 1.7"Hardare" shall mean the Flock cameras and any other physical elements that interact with the Embedded Software and the Web Interface top provide the Flock Services. Thet term "Hardware" excludes the Embedded 1.8 "Implementation Fee(s/"means the monetary fees associated with the Installation Services, as defined in 1.9 "Installation Services" means the services provided by Flock regarding the installation, placements and 1.10"Flock. Services or Services" means the provision, via the Web Interface, ofl Flock'ss software application for 1.11 "Non-Agency. End User" means al Flock's non-Agency customer that has elected to give Agency access to its 1.12 "Non-Agency End User Data" means the Footage, geolocation data, environmental data and/or notifications of  Services. Software. Section 1.91 below.  configuration of the Hardware, pursuant to the Statement of Work attached hereto. automatic license plate detection, searchingi image records, ands sharing Footage.  data int the Flock system. aNon-Agency! End User.  1.13 "Unit(s)" shall mean the Hardware together with the Embedded Software.  1.14" "Usage Fee" means the subscription fees tol be paid by the Agency for ongoing access tol Flock Services and 1.15 "Support. Services" shall mean On-site Services and Monitoring Services, as defined in Section 2.91 below. 1.16 "Web Interface" means the website(s) or application(s) through which Agency andi its Authorized End Users  Hardware.  can access the Flock Services in accordance with the terms of this Agreement.  2. FLOCK SERVICES AND! SUPPORT  2.11 Provision of Access. Subject to the terms oft this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of thel Flock Services via the Web Interface during the Service Term (as defined in Section 6.1) andl No-Fee Term, solely for the. Authorized End Users. Thel Footage will be available for Agency's designated administrator, listed on the Order Form, and any Authorized) End Users to access viat the Web Interface fort thirty (30) days. Authorized End Users will be required to sign up for an account, and select aj password and username ("User ID"). Flock will also provide Agency the Documentation to be usedi in accessing and using thel Flock 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, ifundertaken by Agency, would constitutea breach ofthis Agreement, shall be deemed al breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware oft the provisions ofthis Agreement as applicable to such Authorized End User's use of the Flock 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 oft the Flock Services, Interface which the Flock Services makes available to Agency and Authorized End Users WARRANTIES PROVIDED! BY SUCH THIRD PARTIES, ARETHE. AGENCY'S SOLE. ANDI EXCLUSIVE REMEDY AND FLOCK'S SOLE. ANDI EXCLUSIVEI LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency agrees to comply with any acceptable use policies and othert terms ofany third-party service provider that are  including without limitation using a third party to host the Web  provided or otherwise made available to Agency from time tot time.    fiock safety  2.21 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non-transferable, non-sublicensable (except tot the. Authorized End Users), revocable right to use the Embedded Software asi installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the 2.31 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 in connection with 2.41 Usage Restrictions. Thej purpose for usage oft thel Hardware, Documentation, Services, support, and the Flock IP iss solely to facilitate gathering evidence that could be usedi ina a lawful criminal investigation by the appropriate government agency and not for tracking activities that thes system is not designed to capture ("Permitted Purpose"). Agency willi not, and will not permit any Authorized End Users to, () copy or duplicate any oft 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 int the Flock IP, or attempt to do any oft the foregoing, and Agency acknowledges that nothing int this Agreement willl be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any oft the Flock IP, or create any derivative product from any oft the foregoing, or attempt to do any of the foregoing, except witht thej prior written consent ofl Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working ofany oft the Flock IP; (v) remove, obscure, or alter any notice ofanyi intellectual property or proprietary right appearing on or contained within any of the Flock Services or Flock IP; (vi) use the Services, support, Hardware, Documentation ort 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, or2.3. 2.5 Retained Rights; Ownership. As between the Parties, subjectt to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP andi its components, and Agency acknowledges that iti 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 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 oft the Flock IP if(i) Flock reasonably determines that (a)t therei is at threat or attack on any oft the Flock IP; (b). Agency's or any Authorized End User's use of thel Flock Service disrupts or poses as security risk to thel Flock Service or any other customer or vendor ofFlock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision oft thel Flock Services to Agency or any Authorized End Useri is prohibited by applicable 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 ofthis] provision, including, buti not limited to, utilizing the Flock 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, top 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 toi resume providing access to the Flock Service as soon as reasonably possible after the event giving rise tot the Service Suspension is cured. Flock willl have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User mayi incur as a result ofa 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 oft the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at  Flock Services.  its use of thel Flock Services as contemplated herein, and under Section 2.4, below.  Flock's sole discretion. There are noi implied rights.  least one full day). 2.71 Installation Services.  2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location andp positioning ofthe Units for optimal license plate image capture, as conditions and location    fyock safety  allow. Flock and Agency must mutually agree on the location (mounting site or pole), position and angle oft the Units (each Unit location sO designated by Agency, a "Designated Location"). 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 ini installation due to. Agency's delay in identifying the choices for the Designated Locations, in ordering and/or having the Designated. Location ready fori installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by bothl Flock andt the Agency,anys subsequent changes to the deployment plan( ("Reinstalls)driven by Agency's request will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at peNAIpeatyamrcintal-teseldng 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 2.7.2. Agency's 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, The "Agency. Installation Obligations" include, to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process; (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, or (ini) 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, etc.), such costs to be approved by the Agency. Flock will provide options tos supply power ate each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject toa any reimbursement, tolling, or credit fora any suspension periodo ofl Flock Services due tol lows solar. Flock will make all reasonable efforts within their control tor minimize suspension ofl Flock Services. Any fees payable tol Flock exclude the foregoing. Without being obligated. or taking any responsibility for the foregoing, Flock may pay andi invoice related costs to Agency ifAgency didi nota address themp priort to the execution ofthis Agreement or at third party requires Flock toj pay. Agency represents and warrants thati itl has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any 2.7.3 Flock's Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, Flock will continue to monitor the performance oft the Units for the length of the Term and will receive access to the Footage for aj 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 can opt out of Flock's access tol Footage after the initial installation which would waive Flock'sr responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor 2.7.4 Security. Interest. The Hardware shall remain the personal property of Flock and willl be removed upon the termination or expiration ofthis Agreement. Agency agrees toj perform all acts which may be necessary to assure the retention oftitle of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, ifmade 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 2.81 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price fori 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. Int the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock: shall  vandalism, weather, theft, lack of criminal activity in view, and the like.  necessary inspections or tests in connection with such installation.  may be provided by Flock or a third party.  remedy or right.    fyock safety  have the right to cease work immediately: in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result oft the discovery or presence ofhazardous material or hazardous conditions shall be the responsibility of Agency ands shall bej paid promptly upon billing. 2.9: Support Services. Subject to thej payment oft fees, Flock shall monitor thej performance and functionality of Flock Services and may, from time tot time, advise Agency on changes to the Flock Services, Installation Services, ort 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, andt the fees payable relating to such work shall be agreed byt the Parties prior to any alterations to or changes oft 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")i in-person or by email atl nelo@locksately.com. Flock will use commercially reasonable efforts tor respond to requests for support. If Agency chooses tos self-install Hardware or install Hardware on a mobile location, Flock shall make reasonable commercial efforts to provide On-Site Services, ifpermissible.. Agency shall noth be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit malfunction duet toi installation on mobile locations (i.e. trailers). Agency shall be subject to Reinstall Fees for re-positioning Units on mobile locations, or subsequent installation on Flock or other stationary poles. 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 oft this Agreement. To the extent that any terms oft this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall 2.11 Changes tol Platform. Flock Safety may, ini 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 Safety's products or services toi its customers, (b) the competitive strength of, or market for, Flock Safety's products or services, (c) such  control.  platform or system's cost efficiency or performance, or (ii) to comply with applicable law.  3.AGENCY RESTRICTIONS ANDI RESFONSIBILITIES  3.1 Agency Obligations. Upon creation ofa User ID, Agency agrees toj 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 ofits account andj password. Agency is responsible for any activity associated withi 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, ati its own expense, provide assistance tol Flock, including, but notl limited to, by means of access to, and use of, Agency facilities, as well as by means ofassistance from Agency personnel, to the limited extent any oft 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 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 and retention thereof. To the extent allowed by the governing law of the state mentioned in Section 10.6, ori ifr no state ist mentioned in Section 10.6, by the law ofthe State of Georgia, Agency hereby agrees toi indemnify andl hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys' fees, in connection with any claim or action that arises from an alleged violation oft the foregoing, Agency's Installation Obligations, or otherwise from Agency's use oft the Services, Hardware and any Embedded Software, including any claim thats 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 andi may prohibit any use oft the Services it believes may be (or  any Installation Services.  alleged tol be)i in violation of the foregoing.    fy'ock safety  4.CONFIDENTIALITY: AGENCY DATA; NON-AGENCYDATA  4.1 Confidentiality. 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 Flocki is non-public information including but not limited to features, functionality, designs, user interfaces, trades secrets, intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and. requirements, and performance oft thel Flock Services. Proprietary Information of Agency includes non-public Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End User tol Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, person or body any oft the Proprietary Information, except as ar necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate toj preserve and protect the Proprietary Information andt the parties' respective rights therein, at all times exercising at least a reasonable level of care. Eachj party agrees to restrict access to the Proprietary Information oft the other party to those employees or agents who require access in order toj perform hereunder. Thel Receiving Party agrees: () tot take the same security precautions toj protect against disclosure or unauthorizedi use ofs such Proprietary Information thatt the party takes with its own proprietary information, buti in no event will ap party apply less than reasonable precautions toj protect such) Proprietary Information, and (ii) not to use (except inj performance oft the Services or as otherwise permittedl herein) or divulge to any third person any such Proprietary Information. Flock's use oft the Proprietary Information may include processing the Proprietary Information to send Agency Notifications or alerts, such as when a car exits Agency's neighborhood, or to analyze The Disclosing Party agrees thatt the foregoing shall not apply with respect to any information that the Receiving Party can document (a)i is or becomes generally available to the public, or (b) was ini its possession or known by Receiving Party prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to Receiving Party without restriction bya a third party, or (d) was independently developed without use ofa any Proprietary Information oft the Nothing in this Agreement willj prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, summons, judicial order or other judicial or governmental process, provided that the Receiving Party gives thel Disclosing Party reasonable prior notice ofs such disclosure to obtain aj protective order or otherwise oppose the disclosure. For clarity, Flock may access, use, preserve and/or disclose the Footage tol law enforcement authorities, government officials, and/or third parties, iflegally required to do sO ori 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 ofany potential violation thereof; (c) detect, prevent or otherwise address security, fraud ort 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. Having received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court order but 4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants tol Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End User Data and perform all acts withi respect tot the Agency Data and Non-Agency End User Data as may be necessary for Flock toj provide the Flock Services to Agency, including without limitation the Support Services set forthi in Section 2.9 above, anda at non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data and Non-Agency End User Data as a part oft the Aggregated Data (as definedi in Section 4.45 below). As between Flock and Agency, Agency iss solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data: and Non-Agency End User Data. 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 andi interest in the Non-Agency End User Data." This Agreement does not byi itselfr 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.  the data collected toi identify motion or other events..  Disclosing Party.  such retained Footage will not be retrievable without a valid court order.    fiock safety  4.3 Feedback. If Agency provides any suggestions, ideas, enhancementi requests, feedback, recommendations or otheri information relating to thes subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives: to assign) tol Flock alli right, title andi interest (including intellectual property rights) with respect to or 4.4 Aggregated Data. Notwithstanding anythingi in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to ori identify Agency or any individuals or de-identifies such data and other information relating tot the provision, use and performance of various aspects oft the Services andr related systems andt technologies (including, without limitation, information concerning Agency Data and data derived therefrom). Fort 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 and Non-Agency End User 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 () use and distribute such Aggregated Data toi improve and enhance the Services andf for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (bothi inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access tol law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set  resulting from any of the foregoing.  forth herein.  5.PAYMENT OFI FEES  5.1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt ofi invoice, afters successful validation oft the Units. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto. Agency shall payt 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 willl be made by either ACH, check, or credit card. The first month of Flock Services corresponding tot the first Usage Feej payment willl begin upon the first installation of Hardware. For Agencies whoj purchase ten (10) or more Units, in the event that only aj portion oft the Units are installed at the first installation with additional Units tol bei installed at a later date, Usage Fees shall be calculated on a pro rata basis corresponding to the then-installed Units. Agencies will be invoiced for the additional 5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and toi institute new charges and Fees at the end oft the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end ofs such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). IfAgency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date ont 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 customer 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 hada asa 5.31 Invoicing, Late Fees; Taxes. Flock may choose tol 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 oft thei invoice. Unpaid amounts are subject to af finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, andi may result ini immediate termination of Service. To the extent allowable by law or Agency regulations pertaining tot tax-exempt entities, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income. 5.4No-Fee Term Access. Subject to Flock's record retention policy, Flock offers complimentary access tot the Flock System for thirty (30) days ("No Fee Term") to Agency when Non-Agency End Users intentionally prescribe access orj judicial orders mandate access to Non-Agency End User Data. Agency agrees toj pay the Initial Fees and Usage Fees according to Section 5.1 and will receive Flock's complimentary access to thel Flock Service and  Units immediately upon installation oft the remaining Units.  result ofs suchl billing error.    fock safety  Footage for no additional cost. Should such access cause Flock toi incur internal or out-of-pocket costs that are solely ther result oft the access, Flock reserves the right toi invoice these costst to Agency under Section: 5.3 and Agency agrees toj pay them. The complimentary No-Fee Term access to Flock Services shalls survive the expiration or termination oft this Agreement for five (5) years unless Agency provides written notice oft thei intent to cancel access  tol Flock Services.  6.TERM AND TERMINATION  6.1 Term. Subject to earlier termination as provided below, thei initial term ofthis Agreement shall be for the period oft time set forth on the Order Form (the "Initial Term"). Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew. for successive renewal terms for the greater of one year and thel length set) forth on the Order Form (each, a" "Renewal Term", and together witht thel Initial Term, the "Service Term") unless either party gives the other party notice ofi non-renewal at least thirty (30) days prior to 6.2 Agency Satisfaction Guarantee. At any time during the agreed upon term, an Agency not fully satisfied with thes service or solution may self-elect tot terminate their contract. Self-elected termination will resulti in a one-time fee ofa actual cost ofremoval and labor, said cost not to exceed $500 per camera. Upon self-elected termination, ar refund willl be provided, prorated for any fees paid for the remaining Term length set forth prevouly.sal-tmintion of the contract by the Agency willl be effective immediately. Flock will remove all equipment at Flock'sown convenience, within a commercially reasonable period upon termination. Advance notice willl be provided. 6.3 Termination. 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 givingt thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate ift the breaching party has cured the breach prior to the expiration ofsuch thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party ofi insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (i) upon the other party's dissolution or ceasing to do business. Upont termination for Flock's material breach, Flock will refund to Agency ap pro-rata portion of the pre- 6.41 Effect of Termination. Upon any termination oft the Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency's right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions int the collection ofs such units. Upon termination oft this 6.51 No-Fee Term. The initial No-Fee Term will extend, after entering into this Agreement, fort thirty (30) days from the date al Non-Agencyl End User grants access to their Footage and/or Notifications. In expectation ofr repeated non- continuous No-Fee Terms, Flock mayi in its sole discretion leave access open for Agency's Authorized End Users despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee Terms are deemed to be part ofthel No-Fee Term. Flock, in its sole discretion, can determine not toj provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may 6.6 Survival. The following Sections will survive termination: 2.4, 2.5,3,4,5 (with respect to any accrued rights to  thee end oft the then-current. term.  paid Fees for Services not received due tos such termination.  Agreement, Agency will immediately cease all use ofFlock Services.  terminate any No-Fee Term or access to future No-Fee Terms upon 30 days' notice.  payment), 4.65.74.81,82.85.4 9.1 and 10.5.  7.REMEDY; WARRANTY AND DISCLAIMER  7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a "Defect"), Agency must first make commercially reasonable efforts to address the problem by contacting Flock'st technical support as described in Section 2.9 above. Ifsuch efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right int their    fock safety  sole discretion to refuse or delay replacement ori its choice ofremedy fora al Defect until after it has inspected and tested the affected Unit provided that suchi inspection andt test shall occur within seventy-two (72) hours after Agency notifies the Flock ofal Defect. Int the event ofal Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at ai fee according to the then-current Reinstall Policy hatps/www.flocksatey, comrensl-peschadle. 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 willl have no liability to Agency regarding such affected functionality nor shall the Usage Fee or 7.21 Exclusions. Flock will not provide ther remedy described in Section 7.1 above ifany of the following exclusions apply: (a): misuse oft thel Hardware or Embedded Software in any manner, including operation oft the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation,' or other restrictions on use provided by Flock; (b) damage, alteration, or modification oft the Hardware or Embedded Software in any way; or (c) combination oft the Hardware or Embedded Software with software, hardware or other 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 aj 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 7.4 Disclaimer. THE REMEDY DESCRIBED IN: SECTION 7.1 ABOVE IS AGENCY'S SOLEI REMEDY, AND FLOCK'S SOLEI LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED SOFTWARE. THEI FLOCK DOES NOT WARRANTTHAT THE SERVICES WILL BE UNINTERRUPTEDOR ERROR FREE; NORI DOES ITI MAKE ANY WARRANTY AS TO THE RESULTS THATI MAY BE OBTAINED FROM USE OF THE: SERVICES. EXCEPT AS EXPRESSLY SETI FORTH IN THIS SECTION, THE SERVICES ANDI INSTALLATION SERVICES ARE PROVIDED* "AS IS" ANDI FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS ORI IMPLIED, INCLUDING, BUTI NOTI LIMITED TO, IMPLIED WARRANTIES OFI MERCHANTABILITY ANDI FITNESS FOR A PARTICULARI PURPOSE ANDI 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 NOSTATE IS MENTIONED IN: SECTION 10.6, 7.51 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will bej provided upon. 7.61 Force Majeure. Flock Safety 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 oft third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts ofhackers, internet service providers or any other third party or acts or  Implementation Fees owed! be impacted.  technology that was not expressly authorized by Flock.  of any scheduled service disruption.  BY THE LAW OF THE: STATE OF GEORGIA.  request.  omissions of Agency or any Authorized End User.  8.LIMITATION OFI LIABILITY ANDI INDEMNITY  8.11 Limitation ofLiability. NOTWITESTANDING ANYTHING TO1 THE CONTRARY, FLOCK ANDITS SUPPLIERS (INCLUDING BUTI NOT LIMITED TO. ALL. HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS ANDI EMPLOYEES SHALL NOTBE RESPONSIBLE OR LIABLE WITH RESPECTTO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS. AND CONDITIONS RELATEDTHERETOUNDER ANY CONTRACT, NEGLIGENCE, STRICT    flock safety  LIABILITY, PRODUCT. LIABILITY, OR OTHER THEORY: (A)F FORI ERROR ORI INTERRUPTION OF USE ORFORI LOSS ORI INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA ORI FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY ORI LOSS OF BUSINESS; (B)J FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGEOR IDENTIFY AND/OR CORRELATE Al LICENSE PLATE WITH THEI FBI DATABASE; (D)FOR. ANYI PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE: IN GOODI 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 ORI NOTE FLOCK HAS BEEN ADVISED OF THEI POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANI EMERGENCY, AGENCY SHOULD CONTACT 911 AND: SHOULD NOTI RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION: 8 ONLY APPLIES TO THE EXTENT ALLOWED! BY THE GOVERNING LAW OF THE STATEI MENTIONED IN SECTION 10.6, OR IF NOS STATE IS MENTIONED IN SECTION 10.6, BY THE 8.2 Additional No-Fee Term Requirements. INI NOI EVENT SHALL FLOCK'S AGGREGATE LIABILITY,IF ANY, ARISING OUT OF ORI IN ANY WAY RELATEDTO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEEDSI100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT! LIABILITY OR OTHERWISE. Except for Flock's willful acts, Agency agrees to pay for Flock's attorneys' fees to defend Flock for any alleged or actual 8.31 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions ofits own employees, deputies, officers, or agents, in connection witht the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (ifat all) only for thet torts ofits own officers, agents, or employees that occur within the scope of their official duties.. Agency will not pursue any claims 8.41 Indemnity. Agency hereby agrees toi indemnify and! hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from: an alleged violation 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 ofthe Services, Hardware and any 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 oft the Services, Flock may dos so and may prohibit any use oft the Services it believes may be (or  LAW OF THE STATE OF GEORGIA.  claims arising out of or in any way related to the No-Fee Term.  ora actions against Flock's suppliers.  alleged to be) in violation of Section 3.2 or this Agreement.  9.RECORD RETENTION  9.1 Data Preservation. The Agency agrees tos store Agency Data and Non-Agency End User 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'sc consideration for paid access and no-fee access to the Flock System, tot the extent that Flock is required by local, state or federal law to store the Agency Data or thel Non-Agency End User Data, Agency agrees toj preserve ands securely: store this data on Flock's behalfs so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from  Agency upon demand.  IO.MISCELLANEOUS  10.1 Severability. Ifany provision oft 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.    fock safety  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 ofi its rights and obligations, in whole ori in part, under this 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy ntps/www.flocksalocksalely/com/einsal-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement oft the mutual understanding of the parties ands supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter oft this Agreement, and that all waivers and modifications must bei in a writing signed by both parties, except as otherwise provided herein. None of Agency's purchase orders, authorizations ors similar documents will alter the terms oft this Agreement, and any such 10.41 Relationship. No agency, partnership, joint venture, or employment is created as a result oft this Agreement and. Agency does not have any authority of any kind to bind Flocki in any respect whatsoever. 10.5 Costs and Attorneys" Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing 10.6 Governing Law; Venue. This Agreement shall be governed by the laws oft the State of Georgia without regard toi its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal and state courts sitting ini the State of Georgia will have proper and exclusive. jurisdiction and venue withi respect to any disputes arising from or related to the subject matter oft this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement ort the making of validity thereof or its interpretation or any breach thereof shall be determined ands settled by arbitration in Atlanta, Georgia by a sole arbitrator pursuant to the rules andi regulations then obtaining of the. American. Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having. jurisdiction. Thes service ofa any notice, process, motion or other document in connection with an arbitration award under this agreement or fort the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided 10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right tor reference and use Agency's name andt trademarks and disclose the nature oft the Services provided! hereunder in each case in business and 10.8 Export. Agency may not remove or export from the United States or allow the export or re-export oft thel Flock IP or anything related thereto, or any direct product thereofi in violation of any restrictions, laws or regulations oft the United States Department of Commerce, the United States Department ofTreasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As definedi inl FAR section 2.101, the Services, thel Hardware, the Embedded Software and Documentation are "commercial items" and according tol DFAR section 25222770140,0)and (5) are deemed tol 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 ofs such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms oft this Agreement and will be 10.91 Headings. Thel headings are merely for organization and should not be construed as adding meaning to the 10.10Counterparts. This Agreement may be executed ini two or more counterparts, each of whichs shall be deemed 10.11 Authority. Each oft the below signers oft this Agreement represent that they understand this Agreement and have the authority to sign on! behalfof and' bind the organizations andi individuals they are representing.  Agreement without consent.  conflicting terms are expressly rejected.  party willl be entitled tor recover costs and attorneys' fees.  herein.  development and marketing efforts, including without limitation on Flock's website.  prohibited except to the extent expressly permitted byt the terms oft this Agreement.  Agreement ori interpreting the associated Sections.  and original, but all of which together shall constitute one and the same instrument.    fyock safety  10.121 Notices.. All notices undert this Agreement willl bei in writing and willl be deemed tol have been duly given when received, ifp personally delivered; when receipti is electronically confirmed, ift transmitted by facsimile or e- mail; the day after iti is sent, ifsent for next day delivery by recognized overnight delivery service; and upon receipt,  ifs sent by certified or registered mail, retur receipt requested.    fyock safety  EXHIBITB  Customer Implementation Guide (Initials Required on Page lof Order Form).  Flock Group Inc. Today's Date Aug 05,2021 This proposal expires in 30 days.  Order Form Town of Sawmills 0064v0001sPg9PAAS    fyock safety Let's defeat crime together."  Customer Implementation Guide Law Enforcement  Implementation Timeline Implementation Team  Things to Consider when Picking Locations Customer Responsibilities: AC-Powered Cams  Electrician Handout  Electrician Installation Steps FAQs about AC-Powered Flock Cameras  Installation Service Brief Permitting: Pre-Install Questionnaire  Timeline Right of Way AC Power VS. Solar Traffic Control & Installation Methods Paperwork & Required Forms  Contacts Fee Schedule Help Center Customer Support    Implementation Timeline  This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized,  delays can occur as noted in the timeline below:  Review Locations  Confirm camera locations with ouralearprsentalive Flock: Your Sales representative wil present several viable options for camera Customer: Review Deployment Plan & approve cameral locations Please Note: (Public Works israquled.to move forward, peaseobtaint approvar Prepare for finalized camera locations Flock: Confirm Deployment Plan and signed agreement. Flock will movef forward with next steps forl locations that don'tr need permits (minimum 101 locations needed tor move forward with partial installation) Customer: Prepare the belowi items, as needed Ifpermtz are required begins appicatons process Ifcameras wiil be AC powered. nire an ECIEICAETET Fiock: Flock technician conducts site survey to (1) evaluate solar or power access, (2) check line of sight to the road, and (3) evaluate cellular servicei int the area. When the technician deems the locations suitable, s/he will place. a white Pleaset note: Ifthei iritialy Uelermedipcatins. comtmeet Ficck: stancards, we wwD évalate anew locaton, ootans sustomer approvat, aredsas stes survey  locations  Finalize Locations  Step1  Conduct On-site Survey & placef flags:  flag at each spot.  Tnis mays pusht timeltne for irstaation  Call811  Step: 2  Flack: Flock Safety will coordinater wth Calis 811 tor mark each camera location for Please Note: Cais1lis as govemment servica, sommatound times may varzand.  underground utilitles withinal 10- foot radius. IS outsides ofFlock contrcl Schedule installation:  Step3 3  Flock: Flock will (1) ship any sites specific materials that the technician does not  have locally (2): schedule the installation date Install & Validate Cameras  Step 4  Flock: Afteri installation. your Customer Success Manager will confirm that cameras: are capturing footage wella and functioning properly. They will then give) youf full access tot the system along withr nelpful training resources. Flock: While we typically compiete installations within 4 weeks of finalizing locations, delays may occur due to external factors. Int these instances, we will continue to work through this process until your cameras are fullyi installed and  Ongong ast neecea  Finalize anyl Installationneeds  operational.    Implementation Team Flock Team  How they will supportyou your lifetime as a Flock customer.  Your Customer Success Manager is your strategic partner for They will be your guide through the installation process. After install, they will help you understand how best to leverage the Flock Safety tool to solve crime. You should reach out to them  when you want to discuss: Training Benefits of features  Customer Success Manager  Best practices for getting relevant data Opportunities to expand the security network in your Feedback on your partnership with Flock  area  The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To getin touch with support, simply email support@tlocksatety.com.  Support can help you:  Request camera maintenance Troubleshoot online platform Contract/E Billing questions Update account information Camera Sharing questions  Flock Safety: Support  Quick "How to" questions in your Flock Account Your Product Implementation Specialist is your technical They will help translate your goal for using Flock Safety cameras into a technical plan that can be executed and enable you to solve crime. Your specialist will work with you to: Review the cameras in your deployment Ensure that the deployment plan is set up for success from a technological standpoint in addition to meeting Ifany of your locations require permits, a member of the Product Implementation team will assist you in packaging  product expert.  Product implementation Specialist  your goals for the product your application(s).    The Fieid Operations team is responsible for the physical installation and maintenance of cameras and associated equipment provided by Flock. This includes a large team of technicians, schedulers, and many others involved in ensuring They take the technical plan you finalized with Product Implementation and work closely with other teams at Flock to and in a way that maximizes the opportunity to solve crime ata a *Note*: For all Installation questions or concerns, please always direct them to your Customer Success Manager and  the delivery of your product.  Field Operations make sure that your cameras are installed quickly and safely,  Team  specific location.  not to the technician.  Please Note: On some occasions, third parties outside of Flock Safety may be (or need to  be) involved in your implementation.  Outside Party Electrician/Street Department Public Works (LE) Department of Transportation (DOT), City, or County agencies  When they may be involved ensure power connectivity  Ify your Flock cameras need to be AC powered, you (customer) are responsible for providing an electrician to Tow weigh in on use of public Right of Ways or property Ifinstallation in your area requires permitting    Things to Consider when Picking Locations  Falcon Cameras Use Cases  Flock LPRS are designed to capture images of rear license plates, aimed in Flock LPRS are not designed to capture pedestrians, sidewalks, dumpsters,  the direction of traffic.  gates, other areas of non-vehicle traffic, intersections They capture vehicles driving away from an intersection. They cannot point into the middle of an intersection.  Placement  They should be placed after the intersection, to prevent stop and go motion They can be mounted on existing utility, light, or traffic signal poles, or 12 foot Flock poles. **NOTE** Permitting (or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, They should be mounted one per pole*. If using AC power, they can be  activation, or "stop and go" traffic.  Mounting  depending on local regulations & policies.  mounted 2 per pole.  *Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole (by blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.  They can be powered with solar panels or direct wire-in AC Power (no outlets).. **NOTE**, Flock does not provide Electrical services. The agency or community must work with an electrician to wire the cameras once installed. Electrician services should be completed within 2 days of installation to prevent the camera They will require adequate cellular service using AT&T or T-Mobile to be able to  from dying. process & send images  Solar Panels  Solar panels need unobstructed southern-facing views    Customer Responsibilities: AC-Powered Cams  In the event your Flock cameras need to be AC-powered, the customer is responsible for acquiring an electrician and ensuring they connect the camera to power., See steps 2and  6below.  fi'ock safety Let's defeat crime together, Don't Let Access to Solar Limit Your Power Needs The Flock Safety license plate reading camera system can leverage AC power to help your community solve crime no matter the location.  How to Get Started with a Powered Install 1.Create a Deployment Plan Work with Flockt to select the best location(s) for your cameras and power sources. 2. Acquire an Electrical Quote Contact an electrician to receivea quotet tor run 120volt AC powert to the camera. 3. Sign Flock Safety Agreement Sign the Flock Safety purchase order to begint the installation of the cameras. 4. Conduct Site Survey Flock willl mark camera locations. locate underground utilities and mark ifpresent. 5.Instail Camera Flock will instail the camera and AC power kita at the specified camera location. 6. Connect Camera to Power Notify the electrician that the cameraisready for the power connection installation.  Easy to Use Install Power Kit Work with Local Electricians Efficient Quote & Installation Process  ffock safety www.locksafety.com 866-901-1781  Visit locksafety.com/power-instal. for the full plan, FAQs & to get started!    Electrician Handout Electrician Installation Steps  1. Run AC cable and conduit to the box according to NEC Article 300 and any applicable local codes. The gland accepts %" conduit 2. Open the box using hinges 3. Connect AC Mains per wiring diagram below:  a. Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut. b. Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut.  C. Connect AC Ground wire to the Surge Protector green ground wire using  the open position on the lever nut.  4. Verify that both the RED LED is lit on the front of the box 5. Close box and zip tie the box shut with the provided zip tie 6. While still on site, call Flock who will remotely verify that power is working  correctly:  Southeast Region - (678)562-8766 West-Region - (804)607-9213 Central & NE Region - (470)868-4027  SURGEF PROTECTOR  AC/DCC CONVERTER: 24V6 60W REDP PANELLIGHT  CAMERA  ACA CN  120VAC FROMUGHTPOLE    FAQs about AC-Powered Flock Cameras  What voltage is supported? The AC kit is designed to work with 120VAC infrastructure by default. A 240VAC version is available on request. How much power does this consume? Peak current draw is 1.5 A at 120VAC. Average power draw is roughly 30W in high traffic conditions, but may be lower Whoi isi responsible for contracting the electrician? The customer is responsible for contracting an electrician. We can help answer questions, but the customer is Who is responsible for maintenance? Flock will handle all maintenance related to the camera and power equipment installed by Flock. However, any problems with the electrical supply are the responsibility of the customer. The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source.  when less vehicles are present.  responsible for identifying and contracting an electrician.  Ini the event the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verify the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated the customer should check any GFCI's or breakers in the supply circuit or How much does it cost? Work required to bring AC power to each location will be different, SO exact pricing is not possible. The primary driver of cost is the distance What information dol Ineed to provide my electrician? The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful ify you know the location of existing power infrastructure before creating the Can you plug into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug, but must be directly wired into the power mains. While using outlet plugs may be convenient, they can easily be unplugged presenting a tampering risk to this critical safety infrastructure. If an outlet is close to the camera, the electrician can route power directly to the camera with a direct How long does this process typically take? The installation process typically takes 6-8 weeks. In order to accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera. What kind of electrician shouldllooki for? Any licensed electrician should be able to perform this work, though we have found that those who advertise working with What happens if the electrician damages the equipment? The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due  call the electrician who installed the power supply.  from AC power source to the intended camera location.  deployment plan.  wire-in connection.  landscape lighting are most suited for this work.    to the electrical infrastructure or the work performed by the electrician would be When should the electrician perform his work? Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole. What if my electrician has questions about Flock's AC Kit? You should share the AC-Power Kit Details packet with the electrician if they have questions What if the AC power is on at timer? Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing  the responsibility of the customer.  circuit.    Installation Service Brief  Below outlines the statement of work for your Flock Camera Installation:  What is covered by Flock  What is NOT covered by Flock  Special note  Flock Cameras & Online Traffic Control and any associated costs  Platform Mounting Poles AC Power Kit (as needed) Solar Panels (as needed) Site Surveys and Call 811 Scheduling Installation Labor Costs Customer Support/ Training Cellular Data Coverage Maintenance Fees (review Fees Sheet for more details)  Electrician & ongoing electrical costs Engineering Drawings Relocation Fees Contractor licensing fees Permit application processing fees Specialist mounting equipment  exc. changes during initial installation  Including, but not limited to, *MASH poles or adapters  Bucket trucks  Loss, theft, damage to Flock equipment  Data storage for 30 days Camera downtime due to power outage Only applicable for *MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends  AC-powered cameras  evaluation criteria to assess test results    Permitting: Pre-Install Questionnaire  1. Timeline  InF Flock Safety's experience, in-depth permitting requirements can add 2+ months toi the installation timeline. Law enforcement agencies and city governments can work with their local Public Works or Department of Transportation offices directly to help expedite the process. When Flock Safety customers manage the permitting processes, results tend to come Is your agency able to own the permitting process with Flock Safety's Will any of the Flock Safety cameras be installed on city, state or power company owned poles orin city, county, or state Right of Way (RoW)? Will additional permits or written permission be required from third-party entities (such as DOT, power company, public works, Will any cameras be installed on city-owned traffic signal poles (vertical  more quickly. assistance?  2. Right of Way  What is the RoW buffer?  etc)? mass)?  Ify yes, please provide heights/photos to determine if a bucket truck is Note: If height is greater than 15 feet tall, a bucket truck is  needed for the installation. required.  3. AC Power VS. Solar  IfAC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety Ifsolar powered, consider the size of the solar panel and potential to impact  powered installation kit? (link) visibility of DOT signs/signals:  Single Panel: 21.25"x1 14"x2 2" (Length x Width X Depth) Double Panel: 21.25" x 28" X 2" (LxWxD)  4. Traffic Control & Installation Methods  Ifabucket truck is required, this typically necessitates a full lane to be blocked in the direction of travel. Can you provide a patrol car escort, or  willi full traffic control be required?  Note: If traffic control is required, you may incur additional costs due too city/state requirements; Fees will be determined by quotes  received.  Iffull traffic control required (cones, arrowboards, etc.):    Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices (MUTCD). Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineer? Are there state-specific special Vversions/variances that must be Ifal bucket truckis notrequired, the shoulder or sidewalk should suffice and enable Flock Safety to proceed without traffic control systems inj place. Note: In some states (i.e. California), sidewalks may require signage. Ifs signage is mandatory, Will your Public Works department be able  followed?  to assist?  5. Paperwork & Required Forms  Flock Safety will need copies of paperwork to complete prior to proceeding (ex. business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate IfFlock Safety will need to interface directly with the departments, please share the contact information of the following departments:  your assistance in procuring these.  6. Contacts  Permitting Public Works Traffic Department    *Fee Schedule  After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan ("Reinstalls") driven by a Customer's request will incur a fee per the table below. All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email *Below fee schedule is subject to change; see HERE fort the most up to date information  pporeIocsaevcon.  Reinstall or jobt type Camera or pole relocation  Reinstall fee $150 $500 $150 $300 $125 $100 $150 $150  Camera replacement as ar result of vandalism, theft, or third party damage Pole replacement as a result of vandalism, theft, or third party damage  Pole upgrade  Angle Adjustment - Customer request  Installation of additional Flock Safety sign (including cost of sign) Convert camera to use ofe electrical outlet (excluding cost ofe electrical work) Other site visit/technician visit that does not resulti ina ar reinstall being required    Help Center  Our Help Center is filled with tons of resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:  How dolsearch camera footage? How do ladd a user?  How do ladd a vehicle to my own Hot List?  How do lenable browser notifications for Hot List alerts?  How dolgettext alerts for HotList?  How dolrequest camera access from other nearby agencies?  How do luse the National Lookup to search for a plate? (National Lookup - network of law enforcement agencies that have opted to allow their Flock cameras to be used for  searches)  How dol Ireset my /a another user's password?  Customer Support  You can reach our customer support team anytime by emailing  support@flocksafety.com. They can help answer any "How-To" questions you may have.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  August 17,2021 Discussion: Architectural Proposal Master Plan for Baird Dr  Discussion:  CBSA. Architects are proposing architectural planning services toj provide a comprehensive master The base amount of the contract is twenty thousand dollars ($20,000.00) and will be a mixed fee. The fee shall be adjusted according to any required adjustment in the scope of work. Any such  plan toi identify and locate various facilities withing the site.  adjustment shall be agreed in writing by both the Town and CBSA Architects.  Recommendation:  Staffrecommends: Council discuss this matter and decide how they wish to proceed.    CBSA architecis  August 9, 2021  Mr. Chase Winebargers MPA Town Manager Town of Sawmills 4076 US Hwy 321-A Sawmills, NC 28630 Re: Architectural Proposal Master Plan Dear Mr. Winebarger:  email: manager@townofsawmilisnc.com  Thank you for the opportunity to share and discuss the Town of Sawmill's plans to develop a newly acquired piece of property. We are happy to provide the following proposal for architectural planning services as requested. This proposal is based upon our understanding oft the following. The site is approximately 50 acres and consists of multiple pieces of property located mostly along the west side of Baird Road across from the existing Sawmills Park. Most of the property is open farmland with small, wooded areas and as small pond contained by an earthen dam within the property. The property will ber reviewed for al long-range master plani including various types ofr newi facilities. These facilities include at town hall, recreation center, and amphitheater. A park area shall include recreation fields such as football/soccer, softball/baseball, access to the pond for recreational use, and support facilities such as toilets, storage, and shelters for the various activities which may occur. Roadways, parking, sidewalks, walking trails, and other amenities willl be included to support the various functions to Services will include meetings with you and any other department representatives deemed necessary to understand and create potential building and site programs. Once program information is gathered, we will provide facility footprints to reflect sizes adequate to support the various functions. We plan to team with West Associates who will assist our planning efforts for site layout of facilities and evaluate the impact upon existing topography. We will evaluate and identify optimal layout of vehicular and pedestrian paths, plan fori future water and sewer utilities, and evaluate water shed restrictions.  provide a comprehensive plan.  A. SCOPE OF SERVICES  We are proposing architectural planning services to provide a comprehensive master plan to identify and locate various facilities within the site based upon thet following scope of work.  Base Service 1. 2.  Meet with Town Manager to begin project. necessary to gather pertinent information.  Meeting(s) with Town Manager and other department representatives as deemed  2262 2nd StN NW  PO.Box1 1239  Hickory, NC 28603 I P828.322.3403 I F828.322.1802    CBSAA Architects Page2  3. 4. 5. 6. 7.  Prepare facility programs based upon information gathered from town staff. Develop facility footprints based upon program information. Site visits as required to verify existing conditions and coordinate with the existing site. Evaluate existing site topography with preliminary site layout and determine economical Prepare preliminary site plan based upon aerial photography available from Caldwell GIS or similar source. This proposal does not include a detailed grading plan, but will reveal existing contours and take into account how site layout may be impacted by existing  and feasible site development possibilities.  topography.  8. 9.  Meet with Client as needed to review preliminary design. Prepare final Site Plan based upon Client feedback. 10. Meet with Client as needed to review final Site Plan drawing. 12. Present Site Plan drawing to Town Council as required. 13. Finalize Master Plan drawing based upon Client comment.  11. Prepare presentation material as required for presentation to Town of Sawmills.  14. Deliver final drawing(s) to Client. Services Not Included Architect and Client. 1. Construction Documents. 2. Site Grading. 3. Site Survey. 4. Erosion Control Plan. 5. Landscape Plan. 6. Interior Design. 7. Geotechnical Exploration/Testing. 8. Special Inspections.  This fee proposal does not include the following services. If any of these services are deemed necessary then they may be provided as an additional service and agreed upon in writing by  B. DELIVERABLES  Design Documents will contain customary information necessary to identify the preliminary scope ofwork. Drawings willl be prepared by design professionals licensedi in goods standing with the State of North Carolina. The following list is an example of but not limited to drawings and information that will generally be provided. Drawings shall be created within electronic ACAD  drawing format. 1. Architectural a. b. C. PROFESSIONAL FEE  Existing Aerial Site Plan  Overall Master Plan (Architectural: Site Plan)  Selected' Views as required for detail discussions (Enlarged. Architectural: Site Plan)  1. We propose the following fee based upon the before mentioned scope of work. The fee isa fixed fee. The fee shall be adjusted. according to any required adjustment in the scope of work. Any such adjustment shall be agreed in writing by both Client and CBSA Architects.  Base! Service Fee Master Plan Design 2262M.StNW  $20,000.00  POE Box: 1239 080921 docx  Hickory, NC 28603 P828.322.3403  F828.322.1802  GMARTYIA    CBSA Architects Page3  2. Compensation to CBSA Architects for additional services requested by Client beyond the described Scope of Services will be negotiated, or an additional fee will be based on our  current hourly rates which are as follows.  Archtet-Pincpal/Poled Manager Arhtect-Pincpalrolet Architect Architect- - Consultant Interior Designer Senior CAD Technician Graphic Designer CAD Technician Administrative Assistant  $140.00 $140.00 $130.00 $100.00 $8 85.00 $ 80.00 $ 75.00 $ 60.00  3. Compensation to CBSA Architects for additional services beyond the described Scope of Services provided by our Consulting Engineers will be billed at ar rate of1.10times the amount 4. Fees exclude normal reimbursable expenses such as document reproduction costs, promotional materials, models, electronic renderings, postage and overnight deliveries as directed by Client. Expenses for mileage are waived for travel to and from project site. Any other long distance travel outside of Catawba and Caldwell Counties as required by Client will be billed as a reimbursable expense. Reimbursement for long distance travel mileage shalll be billed at the current legal IRS rate. Other reimbursable expenses shall be billed at a rate of 5. Inc consideration of performance of the services described ini the Scope of Services, Client will pay CBSA Architects in accordance with the agreement, and CBSA Architects shall charge the Owner only in accordance with those same rates. Client will pay CBSA Architects following submission of deliverables, as per agreement, and accompanying invoice. Ifservices are terminated prior to completion an invoice will be submitted to reflect the portion of services completed. Client will pay CBSA Architects following submission of 7. Invoices shall be: submittedi for payment upon completion ofe each phase of work. Invoices are due upon receipt. Invoices not paid within 30 days from the date of receipt by Owner will be considered past due. Interest will be assessed against past due balances at the rate of one  invoiced to CBSA Architects.  1.101 times the expense.  partially completed deliverables and accompanying invoice.  percent (1.5%) per month.  Thank you again for the opportunity to provide a proposal for this project. If you are in agreement with this proposal, please sign below and return a copy to our office. Please call with any questions or  misunderstandingsimay, have presented within this proposal.  2262m.SENW GMARTYIA MOMLNASALmN  POBox1239  Hickory, NC28603  P828.322.3403  F828.322.1802    CBSA Architects Page 4  CBSAArchitects Mu  Client: Town of Sawmills  Marty A. Beal, AIA, LEED AP BD+C  Principal  Signature Printed Name Printed Title Date  CC: File  226:2mdSENW  POI Box 1239 Sawmills_ 080921. docx  Hickory, NC28603 P828.322.3403  F828.322.1802    AGENDAI ITEM1 11A  MEMO DATE: SUBJECT:  August 17,2021 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Dustin Millsaps continues to make  throughout the town. Recommendation: No Council action required.