THE: ERWIN BOARD OF COMMISSIONERS JULY 2024 REGULAR WORKSHOP MONDAY,JULY: 22, 2024 @ 6:001 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. AGENDA ADJUSTMENTS APPROVAL OF AGENDA 3. OLD BUSINESS A. Depot (Page 2) B. N.gth Street Drainage Improvement (Page 4) C.3 301 St. Matthews Road (Page 6) A. 601 Lucas Road Demolition (Page 13) B. Surplus Town Owned Equipment (Page 14) C. Voluntary Annexation- Turlington Johnson (Page 16) D. Duplex, Multi-Family- RMV- Special Use (Page 19) 4. NEW: BUSINESS E. CCIP Variance (Page 21) F. Flock Camera Contract (Page 27) G. Concert Series (Page 81) 5. CLOSED SESSION A. Pursuant to General Statute 143-318.11(a)(6): for the Purpose of Discussing Personnel B. Pursuant to General Statute 143-318.11(a) (3).for the Purpose ofPreserving the Attorney-Client Privilege 6. GOVERNING COMMENTS 7. ADJOURNMENT 8997 ERWIN BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES JULY22, 2024 ERWIN, NORTH CAROLINA The Board of Commissioners for the Town of Erwin with Mayor Randy Baker presiding held its Regular Workshop in the Erwin Municipal Building Board Room on Monday, July 22, 2024, at Board Members present were: Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Charles Byrd, Timothy Marbell, Alvester McKoy, William Turnage, and David Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Town 6:00F P.M. in Erwin, North Carolina. Nelson. Engineer Bill Dreitzler, and Town Planner Dylan Eure were present. Mayor Baker called the meeting to order at 6:00. P.M. Commissioner McKoy gave the invocation. Town Clerk Lauren Evans led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Town Manager Snow Bowden requested to add Closed Session Item B Pursuant to General Statute 143-318.11(a)(3): for the Purpose of] Preserving the Attorney-Client Privilege. Commissioner Blackmon made ai motion to approve the agenda as amended and was seconded by Commissioner McKoy. The Board voted unanimously. OLD BUSINESS Depot Town Manager Snow Bowden provided the Board with a timeline of finances and actions taken regarding the Depot. Commissioner Byrd stated it was time to take the Depot down. Commissioner Nelson echoed Commissioner Byrd's comment. Town. Attorney Tim. Morris arrived at 6:06. PM. Mayor Baker stated that the Depot wasi not structurally sound. He considered taking the Depot down to the foundation and using the foundation to build a stage. 8998 MINUTES CONTINUED FROM JULY 22, 2024 Commissioner Blackmon inquired whether tearing the building down to the ground violated our deal with the Mill providing money to the Town to: restore the Depot to use as al Historical Museum. He stated ifit did not violate the agreement, his opinion was to takei it down to the The consensus of the Board was to place this item under consent at the Regularly Scheduled Board Meeting in August. The Board directed Town Manager Snow Bowden to put out bids to demolish the entire building, including the foundation. ground and move on. N. 9th Street Drainage Improvement Town Engineer Bill Dreitzler informed the Board that he reviewed the video oft the piping system at North gth Street. His professional opinion was that the size ofthe pipe was the problem, not the condition of the pipe. The biggest issue was that we could not take the draining issue on North gth Street and move it to another area. They will have to ensure there is adequate capacity far enough downstream to make sure the drainage makes it to the Black River. He stated we were currently waiting on the State to approve the letter ofintent to funds. Hei recommended tying in a more detailed look into the scope ofwork for this project. 301 St. Matthews Road Mayor Baker asked the Board ift there were any questions regarding the two bids in front oft the Commissioner Blackmon stated that the bid: needed to include a Permit for the State Health The consensus oft the Board was to place this item under consent awarding the bid to Martin Edwards & Associates at the Regularly Scheduled Board Meeting in August. Board. Hazard Control Unit. NEW BUSINESS 601 Lucas Road Demolition Town Manager Snow Bowden informed the Board that we will have a public hearing to discuss adopting an ordinance to demolish the structure at 601 Lucas Road at our regularly scheduled The consensus of the Board was to move forward with the Public Hearing at the Regularly Board Meeting in August. Scheduled Board Meeting in August. Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22md,2024 Subject: Depot At our last workshop meeting we presented the structural engineer report and cost estimates for the Depot. Ih have included at timeline oft the history oft the Depot. Ihave also included information about all oft the expenditures that I can find involving the Depot. TOWN OF ERWIN P.O. Box 459. Erwin,] NC28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage Depot Timeline First mention oft the Depot isi in. January 2012 August 2012- first discussion oft taking ownership oft the Depot November 2013- Bill of Sale/Transfer of ownership of depot approved Feb 2013- Friends oft the Depot have raised over 14K according to the meeting minutes Bricks donated for the foundation from Coats Elementary (Henry Elmore set up) November 2013 transfer of ownership for the Depot is approved February 2014- Hager Smith was selected to complete ai feasibility study with funds from the Erwin Historical Society of $5,500 (according to the minutes the funds were donated to the Town ofErwin, and the Town ofErwin paid Hager Smith) September 2014- Resolution supporting a partnership with the Erwin Historical Society . June 2014- Initial cost estimates presented for Depot project- $655,777 to complete the Jul2 2015- Board authorized $21,2701 to bej paid from the remaining textile museum funds and existing community enhancement funds to complete phase 1 ofthe project by -Authorize James Brewington to move the Depot once phase one oft the project is -American Earthworks in-kind donation $5,800 to $9,800 (site work at the -Cost estimate to move due to having to move cable and power lines tor renovate the Depot project Hager Smith complete to the site of the Depot at $15,000 Jan 2016- foundation is ready tol have depot placed on it previous site of the depot (replacing damaged soils) - 2017- $50,000 grant from the State ofNC -Board authorized the Depot be moved for a price not to exceed $15,678 -Paid $75,500 for design drawings ofbuilding (CSI) Structural Engineer Assessment (2024)-$5,142.12 FY 2023-2024- $5,145.12 (structural engineer) FY2019-2020- $38,235.97 (plans for building) FY20182019-59410643 (plans for building) FY2017-2018- $2,197.24 (study update) FY2015-2016-585205 (move depot to its current site) I March 5th, 2020 presentation from CSI potential costs of depot project $865,609 Total Funds Spent OF SA TOWN OF ERWIN Post Office Box 459 Erwin, NC28339 (910)897-5140 M-E-M-0-R-A-N-D-U-M DATE: TO: FROM: RE: Snow, April 12, 2024 Snow Bowden, Town Manager Bill Dreitzler, P.E., Town Engineer Ngth Street Drainage Improvements (1001 Block) Ihave completed my field assessments and a detailed review of the video inspection for the N gth Street Drainage Improvements. Specifically, the drainage system along the 100 Block ofl N gth Street and the pipe system from a yard inlet at 101 N gth Street that runs through and behind existing parcels to a drainage system in E I Street. The video inspection showed I joint separation, minor root: intrusions, several holes with visible soil and a few longitudinal cracks. Although the pipe system is substandard, there was no evidence that the condition of the pipes contribute to flooding concerns. Based on the inspection report, the pipe size is 24-inch diameter and likely undersized for the drainage Iwould recommend establishing a capital project that would upsize the pipe system to adequately carry a 25-year storm event. Furthermore, if grades allow, moving the system to the streets in lieu of yards. If the new system must continue to run behind the impacted parcels establish permanent drainage easements of adequate width based on the basin upstream oft the system. pipe size and depth. Pre-design opinion ofcost is: Survey: $5,000 Engineering: $30,000 Permitting: $2,500 Construction: $100,000 Contingency: $27,500 PROJECT BUDGET: $165,000 Iwould further recommend that the engineering phase of the capital project be included within the scope of services for the forthcoming Stormwater Study that is funded through a$500,000 appropriation from S.L. 2023-134. Sincerely, Os Bill Dreitzler, P.E. Town Engineer Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22md,2024 Subject: 301 St. Matthews Road At our August Town Board meeting, we will bej presenting the bids that the Town of Erwin received to demolish the condemned structure at 301 St. Matthews Road. The Town received two bids and they are listed below: Stand Sure Custom Homes- $6,500 Martin Edwards & Associates- $2,500 Firefox about:blank TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910)897-5648 PLANMINCINSPRCTONS DEPARTMENT July 18", 2024 @ 2:00 PM Town of Erwin Town Hall Conference Room Bid Opening Date/Time: Bid Opening Location: Property Address: Youn mayl hand deliver your bid to: 301 St. Matthews Road (HC Tax PIN # 1507-32-9623.000) Townof Erwin Attn: Chris P.. Jones, Code Enforcement Officer 100 West F Street, POI Box 459 Erwin, NC 28339 Town ofl Erwin Attn: Chris P.. Jones, Code Enforcement Officer 100 West F Street, PO Box 459 Erwin, NC: 28339 ors your may mail your bid to: Bids not received by the time and date listeda above willl be rejected. Certain clearance activities are tot take place upont the! lot described above. Thesei include those services whicharer marked withanX. Clearance ofl Buillings, Debris and Lot Clearance ofLot Only Clearance of ALI Buildings Clearance of Entire Lot Clearance ofthe Following Portiono ofLot: X Clearance ofOnlyt thel Following! Bulding Singe-amlysmucture withcondemmationt notice placed ons structure X Additional Specific Directions: Contractor will be responsible for seeding disturbed areas. DEFINITIONS: bricks Building Clearance - The complete removal of al buikling materials fromt thel loti including foundation, slabs, blocks and Lot Clearance The removal of all underbrush, trash, junk, trees less than 6"i inc diameter downto thet bare ground inthe immediate area oft the structure unless otherwise specifed above, 1 1of3 7/18/24, 09:11 Firefox about:blank RESPONSIBILITIES OF CONTRACTOR INCLUDE: Coordinate with utility companies fort the discomection ofa all utilities and power and phone lines. (X) Obtainanyp permits required fromthe' TownZoning/ Administrator, the County! Buahingimpecimolike: andthe (X) The Jlawful disposal, at an approved disposal site, of al building materials, trash and brush removed from lot. Provide the Code Administrator with copies ofa all disposal trip tickets. Bamrgwhuyigelaydeass County Health] Department. not permitted. RESPONSIBILITES OF CONTRACTOR INCLUDE: (contimed) (X) Grading and smoothing disturbed areas (to accommodate aj push mower), sowing grass and covering sown NOTE: Prior to commencing this project, the awarded contractor will be required to provide a cumrent Certificate of Insurance submitted to the' Town ofl Erwin, Plaming Department attention Chris P.. Jones. areas wihs sulficient straw to completely cover ground. A. Threshold Requirements a. Evidence ofl Insurance is required to be maintained in fule effect at no additionalcost: tot the TownofErwin for the duration oft this contract the following minimum amounts ofi insurance: Commercial Generall Liability withl limits notl less than $500,000; Worker's Compensation as specified by State Law; Employer's! Liability withl limits notl lesst than $1,000,000 eacho occurrence; iv. Automobile 1. Property Damage Liability withl limits notl less than $1,000,000 per occurrence. Prior to comencement ofv work, Contractor shall fumisht tot the Townac copyofthe Certificate of Insurance fromi its insurance carrier verifying these coverage amounts and thats shows the' Townof vi The contractor will hold ands save the Town ofl Erwin, its officers, agents ande employees harmless b. ConfictofInterest Statement & Supportingl Documentation: Respondent shallo disclose any] professionalor personal fnancial interests that mayl beaconfictofmteres: inrepresentingthe? TownofErwin. Inaddition, all Respondents shall further disclose arrangement to derive additional compensation from various 2. Bodily Injury $500,000 each! person Erwin as an additional Insured on the Certificate of Insurance. from any liability of anyl kind while performing under this contract. investment and reinvestment products, including fnancial contracts. Please fill out this bid forma and retum all pages byt the Bid Date shown at the top of page 1. Chris P.Jones Code. Administrator 910-591-4204 pionesQerwi-I.OTg 2 2of3 7/18/24, 09:11 Firefox about:blank PLEASEE PRINT THEI FOLLOWING INFORMATION: Bidder nformation: Company Name StardSwre (ufow Homes Address 31 Wwhtal I Roth Bvw WL 38339 Phone 119-940-471D 1. Iwill perform the above described: services for a gross bid fee of$ WS6D.D 2. Inaddition, Iamwillingto deduct thes sumofs 0 pahay--m. Item 1 (Gross Bid fee)$ 6,500, fromthes site andi nluofacashpayment. Thesematerials willl ber usedt to offset thea above gross demolition! bid priceas indicated below. Subtract Item 2 (Salvage Materals)$. o My net bidi iss 6. S60.40 Sithnsard Fiveyurdred dollavs Dollars (Myl Net Bidi iny words) Ched Vvdevson Printed Name of Company Representative Cheol Aner Signature of Company Representative 3 3of3 7/18/24, 09:10 ur TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910)897-5648 030199 PLANNINGAINSINSPECTIONS DEPARTMENT July 18h, 2024 @ 2:00 PM Town of Erwin Town Hall Conference Room Bid Opening Date/Time: Bid Opening Location: Property Address: 301 St. Matthews Road (HC Tax PIN # 1507-32-9625.0U0) Youi may hand deliver your bid to: Townof Erwin Att: Chris P.. Jones, Code Enforcement Officer 100 West F Street, PO Box 459 Erwin, NC 28339 Town ofErwin Attn: Chris P.. Jones, Code Enforcement Officer 100 West F Street, PO Box 459 Erwin, NC 28339 or your may mail your bid to: Bids not received by the time and date listed above will be rejected. Certain clearance activities aret tot take place upont thel lot described above. Thesei include those services which: arei marked with an X. Clearance ofBuildings, Debris and Lot Clearance ofLot Only Clearance ofAIIl Buildings Clearance ofEntire Lot X Clearance ofOnly thel Following) Building SKe-anymarwbwmkamaamsastpadmsan Clearance ofthe Following Portion ofLot: X Additional Specific Directions: Contractor wil bei responsible for seeding disturbed areas. DERINITIONS: bricks Building Clearance - The complete removalofall building materials fromi thel loti inchuding foundation, slabs, blocksand Lot Clearance - The removal ofallunderbrush, trash, junk, trees less than 6"i in diameter downt to thel bare ground int the immediate area ofthe structure unless otherwise specified above. RESPONSIBILITIES OFCONTRACTOR INCLUDE: D Coordinate with utility companies for the discomection ofall utilities andj power and phone lines. (X) Obtain anypermits required: fromt the' Town2 ZoningAdministrator, the Couyhaliginpasamolse: andt the (X) The lawful disposal, at an approved disposal site, ofa all building materials, trash and brush removed from lot. Provide the Code. Administrator with copies ofal disposal trip tickets. Buming gorbuyingofanydebiss County) Health. Department. not! permitted. RESPONSIBILITIES OF CONTRACTOR INCLUDE: (continued) (X) Grading and smoothing disturbed areas (to accommodate a push mower), sowing grass and covering sown NOTE: Prior to commencing this project, the awarded contractor will be required to provide a current Certificate ofInsurance submitted to the Town ofl Erwin, Planning Department attention Chris P.J Jones. areas with sufficient straw to completely cover ground. A. Threshold Requirements a. Evidence ofInsurance is required to be maintained ini full efèct at no additional cost to the' TownofErwin for the duration ofthis contract the following minimum amounts ofinsurance: Commercial General Liability with limits not less than $500,000; Worker's Compensation as specified by State Law; m. Employer'sLabiltly with limits not less than $1,000,000 each occurrence, iv. Automobile 1. Property Damage Liability withl limits notl less than $1,000,000 per occurrence. V. Prior to commencement ofwork, Contractor shall: furnish tot the' Townac copyofthe Certificate of Insurance from itsi insurance carrier verifying these coverage amounts and thats shows the' Townof vi. The contractor willl hold and save the Town ofErwin, its officers, agents and employees harmless b. ConfictofInterest: Statement & Supporting) Documentation: Respondent shallo disclose anyprofessionalor personal financial interests that mayb easmkofimsiheyesig the' TownofErwin. Inaddition, all Respondents shall further disclose arrangement to derive additional compensation from various 2. Bodily Injury $500,000 eachj person Erwin as an additional Insured on the Certificate ofInsurance. from any liability ofanyl kind while performing under this contract. investment and reinvestment products, including financialcontracts. Please fill out this bid formand return all pages by thel Bid Date shown at the top ofpage 1. Chris P. Jones Code. Administrator 910-591-4204 cpiones@erwin-nc.ong 2 PLEASE. PRINTTHEFOLLOWINGINFORMATION: Bidder Information: Company Name Marhin Edwardst Assotiates Inc. Address PoBoy 35 Erwin, NC 28339 Phone 910- 591-7420 1. Iwill perform the above described services for a gross bid; fe ofs 2500,00 2. Inaddition, Iamwillingt to deduct the sumof$ forsalvageablel building/otheri materiabtaken fromthes site andi inl fieuofacashpayment These materials willl bei used to offset the above gross demolitionb bid priceas indicated below. Item 1 (Gross Bid: fee)s 3500,CO Subtract Item 2 (Salvage Materials) $. 0.00 Mynetb bidiss 8500,00 twp Hhousand fve hundred Dollavs Dollars (MyN Net] Bid in words) Ashly Dvnn Printed Name ofCompany Representative hP Signature ofCompany Representative 3 Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July y22m4,2024 Subject: 601 Lucas Road At our August Town Board Meeting, we will have aj public hearing to discuss adopting an ordinance to demolish the structure at 601 Lucas Road. The Town has gone through the entire minimum housing process with this home, and there have been no improvements made whatsoever. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22md,2024 Subject: Surplus Town Owned Equipment There were funds approved in the FY 24-25 budget toj purchase new pistols for the Erwin Police Department. Ini the past, when the Town has purchased newj pistols for the Police Department we have sold/traded ini the older equipment. The guns will be purchased by a company with the proper Federal Firearm License. The company is the same company that currently has the state contract to sell firearms to municipal police departments int the State ofNorth Carolina. 8999 MINUTES CONTINUED FROMJULY22.2024 Surplus' Town Owed Equipment Town Manager Snow Bowden informed the Board that in the FY 24-25 Budget there were funds approved to purchase new handguns for the Erwin Police Department. In the past, the Police Department has surplused the old equipment which was standard practice. The consensus of the Board was to place this item under consent at the Regularly Scheduled Board Meeting in August. Voluntary Annexation- Turlington Johnson Town Manager Snow Bowden informed the Board that at our last Regularly Scheduled Board Meeting in June, Staff presented a voluntary annexation request for four parcels that are outside ofour ETJ. The Deputy Clerk investigated the request and ifthel Board wishes to move forward, The consensus of the Board was to place the Resolution under Consent at our Regularly aResolution to Fix the Date oft the Public Hearing must be approved. Scheduled Meeting in August. Duplex Multi-Family RMV Special Use Town Planner Dylan Eure stated that the Board had previously seen this request. The request was to add multi-family dwellings to the special uses ofRMV that would mimic the special uses in DMV.A Approving this request would be in line with our new Land Use plan. Hel had spoken with The consensus of the Board was to move forward with the Public Hearing at the Regularly multipleresidents who were interested in applying for this special use. Scheduled Board Meeting in August. CCIP Variance Town Planner Dylan Eure stated that this was a simple subdivision variance request for Central Carolina Industrial Park, thei mill site. They are: requesting to cut off the area with the storage The consensus of the Board was to move forward with the Public Hearing at the Regularly units from the rest of the site. Scheduled Board Meeting in August. Flock Camera System Town Manager Snow Bowden stated this was a standard contract. Funds were approved ini the current fiscal year budget for seven flock cameras. The Erwin Police Department has been working on locations to place the cameras around Town. TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: 910-897-5140: Fax:910-897-5543 www.erwin-nc.org Mayor Randy L.] Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David: L. Nelson William R. Turnage Surplus Equipment List Police Department July 222024 All Used Generation 4 Glock model 22. .40 caliber handgun with 3 magazines, sights, box, and grips. 1. Serial #: STT453 2. Serial #: YCC951 3. Serial #: BHFB809 4. Serial # BCKV915 5. Serial # BFFS235 6. Serial #: BFAZ517 7. Serial #: STT451 8. Serial #: PFT896 9. Serial #: STT455 one magazine 1. Serial #: FWP4283 1. Serial #: L2866473 2. Serial #: L2401788 3. Serial #: L2407260 4. Serial #: L2788126 Smith and Wesson SD9VE Handgun (Court Order released to PD for use or sale) with Winchester Model 1300 Defender 12 Ga. Shotgun. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22md,2024 Subject: Voluntary Annexation- Turlington Johnson At our regular June Town Board meeting Town Staff presented. a voluntary annexation request for four parcels that are non-contiguous. The four parcels are a part ofaj potential development that includes eight other parcels. The eight other parcels are in our outside our town limits as well but they are within our. Extraterritorial Jurisdiction (ETJ). The potential developers would like tol have all 12 parcels under the same zoning. jurisdiction. The eight parcels that are in our ETJ are located in our. Rural District (RD). Ifwe moved forward with the annexation process for the four requested parcels they would be zoned RD. The developers mentioned that once they started the development process they would like to move forward with having the eight other tracts of land in our ETJ annexed to our Town Limits. But that is not a guarantee and we cannot mandate that they request to be voluntary annexed. Ifthey wish to receive town services for the The four parcels are non-contiguous sO the process is al little different compared to the process with parcels of land that are contiguous. Deputy Town Clerk Katelan Blount has investigated this request and the Town could move forward with this request ifv we wish to do SO. Ifthe decision is tor move forward with the request we will: need to schedule aj public hearing for our September Town Board meeting which is on September 5th at 7PM. Town Staff can prepare ai resolution setting the date and have it under the consent agenda at our August Ist' Town Board meeting. eight parcels in our ETJ they would need to request to have them annexed. CERTIFICATE OF SUFFICIENCY To the honorable Mayor and Board of Commissioners ofthe Town of] Erwin, North Carolina: I, Katelan Blount, Deputy Town Clerk, do hereby certify that I have investigated the attached petition and hereby make the following findings: a. The petition contains an adequate property description of the area proposed for b. The area described in the petition is non-contiguous to the Town of Erwin's annexation in the form of metes and bounds. primary corporate limits, as defined by G.S. 160A-58.1 property lying in the area described therein. C. The petition is signed by and includes the address(es) of all owners of real d. Other findings In witness whereof, II have hereunto set my hand and affixed the seal oft the Town of Erwin, this the 1st] Day of August, 2024. (SEAL) Katelan Blount Deputy Town Clerk NOTICE OF PUBLIC: HEARING ON REQUEST FOR. ANNEXATION The public will take notice that the Mayor and Board of Commissioners oft the Town of Erwin has called aj public hearing at 7:00 PM on Thursday, September 5, 2024 at the Erwin Municipal Building Town Hall located at 100 West F Street, Erwin North Carolina 28339, on the question of annexing the following described territory, requested by petition filed pursuant to G.S. 160A-58.1: (All of lots 2,3,4, and 5, according tol Map Number 2006-292, recorded in the Harnett County Registry, entitled "Division Map Prepared For: H&S Land, LLC", Grove Township, Harnett County, North Carolina, as surveyed by Jordan-Tew &. Associates, P.A, dated December 13, 2005, and revised January 18, 2006, incorporated herein by reference, and made aj part oft this instrument, to which plat reference is hereby made for a full and complete description.) Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22md,2024 Subject: Duplex, Multi-Family- RMV- Special Use At our August Town Board meeting there is aj public hearing scheduled for a subdivision variance for the site ofthe Central Carolina Industrial Park (the mill). The Town approved a hardship subdivision variance: for the site last year that allowed the site to be subdivided into two separate parcels. They are asking for another variance that would allow another portion oft the site to be subdivided into a separate parcel. Our Town Planner Dylan Eure has reached out the UNC School of Government and he was told that the applicants can request this type of variance even though one has already been granted for the site. Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin's Board of Commissioners From: Dylan Eure, Town Planner Date: August 1,2024 Subject: Duplex, Multi-family - RMV- Special Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled. Zoning under. Article VI-A entitled Residential Mill Village within Section 36-155. Said section is the special uses and structures for the RMV zoning district. Per the 2023 Erwin Land Use Plan under Goal 1L LUH3 and LUH 4 state thati it is desirable to allow for greater densities and other forms oft non-single-family residences in medium- density zoning districts. The Land Use Plan also states specifically that they are to be placed within the RMV and DMV: zoning districts. Town of Erwin staff has also received several different inquiries over the last few months about homes that were constructed to be multi-family or two-family style homes to be used as such. Due to the nature of these homes being tailored tol bet two-family and multi-family dwellings, these home are challenging to flip and restore, unless the owner wants to convert thel home into as single-family residence, which they were: never designed tol be. In order for these homes tol be renovated and prevent further blight iti is the recommendation from Town Stafft to allow for two-family and multi- family dwellings to be a special use within the Residential Mill Village. Current definition ofa two-family dwelling: facilities for each, and a shared wall. Current definition ofa multi-family dwelling: and cooking facilities for each. Proposed special uses tol be added to RMV: Two-family dwelling Multi-family dwelling A dwelling arranged or designed for occupancy by two families, with separate housekeeping, cooking A dwelling arranged or designed for occupancy by three or more: families, with separate housekeeping Current Dimensional Requirements to be added to RMV: Minimum Lot Area: 7,000 sqft Minimum Lot Width: 65ft Proposed Dimensional Requirements to be added tol RMV: TwofamyMut-amlys 9,000 square feet per development and an additional 2,000 square feet per unit. Minimum Lot Width for Two-familyMulti-family: 751 feet. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July 22nd, 2024 Subject: CCIP Variance At our. August Town Board meeting, there is aj public hearing scheduled for a subdivision variance for the site oft the Central Carolina Industrial Park (the mill). The Town approved a hardship subdivision variance for the site last year that allowed the site tol be subdivided into two separate parcels. They are asking for another variance that would allow another portion oft the site tol be subdivided into a separate parcel. Our Town Planner Dylan Eure has reached out to the UNC School of Government and he was told that the applicants can request this type of variance even though one has already been granted for the site. Central Carolina Industrial Park/200 North 13 LLC 320 Roebling St. #125 Brooklyn NY 11211 6/25/2024 Dear Members of the Town of Erwin Planning Department, We are writing to formally request a variance to complete the subdivision of our property at100-200 North 135 St. The specificvariances we are seeking are as follows: 1. The side setback of Lot2B, towards Chief. Joseph Lane: A variance of 5 feeta and 9i inches 2. The side setback ofl Lot 2A, towards W. JS Street: Av variance of 25 feet for the side setback. 3. The Rear Setback of Lot 2B, towards the former drainage reservoir: A variance of131 feet for the side setback. and 8 inches fort the rear setback. These variances are requested to enable us to subdivide the property, which will benefit itsredevelopment. We appreciate your consideration of this request and are available to provide any further information or clarification as needed. Sincerely, Levi Gross, Office Manager levi@ccipnc.com 910-250-5025 Variance Application (February: 2011) Name of Applicant Levi Gross Mailing Address 320 Roebling St. #125 City, State, Zip Telephone Email Property Owner 200 North 13 LLC Mailing Address 320 Roebling St. #125 City, State, Zip Brooklyn NY 11211 Brooklyn NY 11211 910-250-5025 levi@ccipnc.com Telephone Email 910-250-5025 levi@ccipnc.com Address of Subject Property 100 North 13 St. Erwin, NC 28339 Parcel Identification Number(s) (PIN) of Subject Property 0597-54-8405.000 Variance Description: On a separately attached document, please state the particular zoning regulation for which the variance is being requested. Also state the requested variance (For instance, in the case ofas setback variance: request: Ifthe required side yard setback is 12' and the applicant can only meet a 10' setback; then the applicant will bei requesting a 2' variance from the 12' setback requirement.). Please attach a site plan with all Findings of Fact: The following are the findings ofi fact associated with a variance request. Applicant is to note that all ofthe following findings must be found ini the affirmative in order for the requested variance to be granted. The applicant is requested to review each of these findings and answer the same to the best ability of the applicant. Responses to each oft these findings may be attached to this application on a separate document. a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because ofits size, shape, or topography that are: not applicable to other lands or structures in the same district. b. Granting the variance the requested will not confer upon the applicant any special privileges denied to other C. A literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly d. The requested variance will be in harmony with the purpose and intent of this ordinance and will not be appropriate dimensional notations needed to demonstrate the variance request ifa applicable. residents of the district in which thej property is located. enjoyed by other residence oft the district in which the property is located. injurious to the neighborhood or to the general welfare. e. The special circumstances are not the result oft the actions of the applicant. f.The variance requested is the minimum variance that will make possible the legal use oft the land, building, or The undersigned property owner, or duly authorized agentrepresentative thereof certifies that this application and the forgoing answers, statements, and other information herewith submitted arei in all respects true and correct tot the best of their knowledge and belief. The undersigning party understands that any incorrecti information submitted may result in thet revocation oft this application. The undersigning party authorizes the' Town ofl Erwin toi review this request and structure. Owner/Applicant Must Read and Sign conduct as site inspection to ensure compliance to this application as approved. Levi Gross Print Name Levgross Signature dOwner or Representative 06/24/24 Date Variance Application Information Part 9 Chapter 4 Article 10 Board of Adjustments $9-4101.2 Powers and duties. The Board of Adjustment shall have the following powers and duties: To authorize upon appeal in specific cases variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship, sO that the spirit oft this ordinance shall A charge shall be made to the appellant according to town policy in order to cover administrative Aj public hearing shall bel held at which all oft the following conditions must bei found to exist: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other b. Granting the variance the requested will not confer upon the applicant any special privileges C.A literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residence oft the district in which the property is located. d. The requested variance will be in harmony with the purpose and intent of this ordinance and be observed and substantial justice done. and advertising costs (Subsection (d)). lands or structures in the same district. denied to other residents ofthe district in which the property is located. will not bei injurious to the neighborhood or to the general welfare. e. The special circumstances are not the result of the actions oft the applicant. f.The variance requested is the minimum variance that will make possible the legal use of the In considering all proposed variances from this ordinance the Board shall, before making any finding in a specified case, first determine that the proposed variançe will not constitute any change in the zone shown on the zoning map and will not impair an adequate supply of1 light and land, building, or structure. air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other No permitted use of land in other districts shall be considered grounds for the issuance of a variance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any expressly or by In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation respect impair the public health, safety, morals, and general welfare. implication prohibited by the terms oft this ordinance in said district. ofthis ordinance. oN EIBEREEE e 288888828B2 EIIEE 88888888EBE 338IS UISON 967.46 3HISHICLI HINOS 305.64 - S00'3730E 1273.10TOTAL) 33HISHLVL HINOS S00'5454"E 360.33 89146 NO0'3549W 970.36(TOTAL) .00699 3.00.00.00N Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July 22nd,2024 Subject: Flock Camera System Attached for your review is the contract for the Flock Camera system. There were funds included ini the budget for seven Flock cameras. This is aj pretty standard contract. This camera system will be extremely beneficial to the Erwin Police Department and other local law enforcement agencies. 9000 MINUTES CONTINUED FROMJULY22.7 2024 Mayor Baker asked Town Attorney Tim Morris' opinion on the contract. Town Attorney Tim Morris stated he reviewed the contract and nothing stood out tol him. The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in August. Concert Series Town Manager Snow Bowden informed the Board that Commissioner Nelson had worked hard raising funds to sponsor a concert for the Town of Erwin. Commissioner Byrd asked tol have this item on the agenda to discuss the Board sponsoring a concert series this year or next year. Commissioner Byrd stated that he would like to see the' Town sponsor a concert series next year. He felt it was important for the community. He also would like to see the Town go back to Commissioner Blackmon asked if we would organize the concert or give the money to the Town Manager Snow Bowden stated we could give the funds to the chamber and allocate it for the concert series. The Chamber was more experienced in getting the porta johns and renting the The Board asked Commissioner Nelson ifh he had all the funding he needed for the concert in having a 4thofJuly Celebration. chamber to organize. stage. September. Commissioner Nelson confirmed that the funding is secured for September. Mayor Baker informed the Board that the' Town secured a sponsor for the Gospel Sing for Denim Days and this same sponsor will also be funding the kids inflatables sO that they are free to the The Board instructed Town Manager Snow Bowden to bring a Budget Amendment of $10,000 back to the Board for approval to cover the cost of a concert in the Spring. public. CLOSEDSESSION Commissioner McKoy made ai motion to go into Closed Session Pursuant to General Statute 143-318.11(a) (6) for the Purpose of] Discussing Personnel and Pursuant to General Statute 143- 318.11(a)(3): for the Purpose of Preserving the Attorney-Client Privilege at 6:42 PM and was seconded by Commissioner Blackmon. The Board voted unanimously. DocuSign Envelope ID: 917ABED-S8C34F708DICB9CAZICED8IZ Flock Safety + NC-I Erwin PD Flock Group Inc. 11701 Howell Mill Rd, Suite210 Atlanta, GA30318 MAIN CONTACT: Taylorl Ellison ywalsondlesaisy,on 7049426362 fiock safety DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 Company Overview At Flocks Safety, technology unites law enforcement: andi the communities they serve toe eliminate crime ands shape as safer future, together. We createdt thet first public safety operating systemt to enable neighborhoods, schools, businesses, andl law enforcement to work together to collect visual, audio, ands situational evidence across ane entire cityt tos solvea andj prevent crime. Our connected platform, comprised ofl License Plate Recognition (LPR), live video, audio detection, anda a suite ofi integrations (AVL, CAD &r more), alerts! law enforcement whena ani incident occurs andt turns unbiased data into objective answerst that increase case clearance, maximize resources, and reduce crime ally without compromising transparency or human privacy. Joint thousands of agencies reducing crime with Flock Safety's public safety operating system 2000+ communities with private- public partnerships 120 incident alerts/minute 1B+ month <60%* inF Flock cities 1B+ vehicles detected/ <60% local crime reduction *According toa2 2019 study conducted by Cobb County Police Department Introduction Layer Intelligence to Solve More Crime Thep pathwayt to a safer futurel looks different fore every community. As such, this proposal presentsa a combination ofp products that specifically addresses your publics safety needs, geographical layout, sworn officer count, andl budget. These components make upy your custom public safety operating system, a connected devicer network ands software platform designedt tot transform real-time data into a panoramic view ofy yourj jurisdiction and helpy youz zeroi inc ont thel leads that solver more cases, prevent future crimes, andi foster trust int the communities yous serve. Softwarel Platform network of devices. Flock Safety's out-of- boxs software platform collects andi makess sense of visual, audio, ands situational evidence across your entire DocuSigni Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Out-of Box Software Features Simplified! Search Geta a complete view ofa all activity tiedt to one vehiclei iny your network ofp privately andp publicly owned cameras. The user-friendly: searche experience allows officers tot filter hours ofi footage ins seconds based ont time, location, and detailed vehicle criteria using patented Vehicle Fingerprint" TM technology. Searchf filtersi include: Vehicle make Bodyt type Color License plates Partialt tags Missing tags Temporary tags Stater recognition Decals Bumper stickers Back racks Top racks National and Local Sharing Access 1B+ additional plater reads each monthy without purchasing more cameras. Solve cross-jurisdiction: crimes by optingi into Flock Safety's sharing networks, including one-to- one, national, and statewide: searchr networks. Users can also receive alertsf from several external LPR databases: California SVS FDLE FL Expired Licenses FLE Expired Tags FL Sanctioned. Drivers FL Sex Offenders Georgia DOR ILSOS llinois Leads NCIC NCMECA Amber Alert REJIS CCIC FBI Real-time. Alerts Interactive ESRI Map Vehiçle Location. Analysis Receive SMS, email, andi in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle View your AVL, CAD, traffic, and LPR alerts alongside live on- scene videof from a singlei interactive mapi fora al birdseye view Visualize sequential Hot List alerts andi the direction oft travel to guide officers tot finds suspect vehicles faster. Fingerprint matches, and more. of activity iny yourj jurisdiction. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Out-of-Box Software Features (Continued) Transparency Portal Insights Dashboard Establish community trust witha a public-facing dashboard that shares policies, usage, and public safety outcomes related toy your policingt technology. Access at-a-glance reportingt to easily prove ROI, discover crime and trafficp patterns and prioritize changes toy your public safety strategy by using data to determine the most Download FlockoSt toy your MDTs to ensure officers never miss al Hot List alert while out onp patrol. Attachr relevanti information to Custom Hot List alerts. Give simple, digestible context tol Dispatchers and Patrol Officers responding to Hot List alerts sot theyo can act confidently and drivel better outcomes. Wheny you create a custom Hot List Alert, add case notes, photos, reports, and other relevant Increasey your logins speed andi information: security with Okta orA Azure Single Sign On (SSO). Quickly açcess critical information your needt to doy yourj job! by eliminating the need for password resets and stepsi int thel log-in process. significant impact. Native MDT Application Hot List Attachments case information. Single Sign On (SSO) DocuSign Envelope ID; 1917ABED-56C3-4F70-BD1C-B9CA21CED872 License Plate Recognition Thel Flock: Safety Falcone LPR camera uses Vehicle Fingerprint" technology tot transform hours off footage into actionable evidence, even when al liçense plate isn't visible, and sends Hotl List alerts tol law enforcement users whena a suspect vehicle is detected. The Falcon! has fixed and location-flexible deployment options with 30% more accurate readst than! leading LPR.* *Results from the 2019 side-b -by-side comparison test conducted by LA County! Sheriff's Department Flock Safety Falcon"LPR Camera Flock Safety Falcon" Flex idealf for youre ever-changing investigative needs. V1LPRO Camera licenses band clamps Flock Safety Falcone LR Fingerprint datai fori increasing investigative leads onl high-volume roadways like highways andi interstates. V1L Long-Rage LPR Camera VComputing device inp protective poly Fixed, infrastructure-freel LPR camera Location-flexible LPR camera designed Long-range, high-speed LPR camera designed for permanent placement. for fast, easys self-installation, whichis that captures license plates and Vehicle V1 Standard LPR Camera VUnlimited LTE data service + Flock OS platform licenses V1DOTE breakaway pole VDuals solar panels maintenance VUnlimited LTE datas service + software V1p portable mount with varying-sized case VAC Power VPermitting, installation, and ongoing maintenance VPermitting, installation, and ongoing V1Charger fori internal battery Vihardshell carrying case DocuSign Envelope ID: 1917ABEDS8C34F708DIC-B9CAZICED8I2 Your Flock Safety Team Flock Safety isr moret than at technology vendor; we area ap partner iny your mission1 to builda a safer future. We work with thousands ofl law enforcement: agencies across the US1 to! builds stronger, safer communities that celebrate the hard work of those whos serve andp protect. We don't disappear after contracts are signed; we pride ourselves on! becoming ane extension of your hard-working team as part of our subscription: service. Implementation Meet with a Solutions Consultant (former LEO) to builda deployment plan based ony your needs. Our Permitting Team and Installation Technicians will work to gety your device network approved, installed, and activated. Your designated Customer Success Manager will helpt train your power users and ensure your maximize the platform, while our customer: support team will assist with needs as We proactively monitor the! health ofy your device network. If we detect that a device is offline, af full-time technician will servicey your devicef for no extra charge. Note: Ongoing maintenance does not apply tof Falcon Flex User Training + Support they arise. Maintenance devices. Government Affairs Public Relations Get support educating your stakeholders, including city councils and other governing! bodies. Media Relations Public Relations team. Share crimes solvedi int the local media with thel helpo of our DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 fi'ock safety EXHIBIT. A ORDER FORM Customer: NC-ErwinPD Legal Entity! Name: NC- Erwinl PD Accounts Payablel Email: liohmson@erwvi-mcorg Hardware and Software Products Annuali recuring amounts overs subscription term Item Flock Safety Platform FlockSafetyl Flock OS Flockos TM- Essentials Flock Safetyl LPRI Products Flock Safety! Falçon @ Solar Falcon GLR Initial' Term: 24N Months Renewal" Term: 241 Months Payment Terms: Net30 Retention Period: 30Days Address: 100 West FSt Erwin, North Carolina 28339 Billing Frequency: Annual Plan First' Year Invoiced ats Signing. Cost Inçluded Included Included Cost $650.00 $750.00 Quantity Total $21,000.00 Included Included Included Total $3,900.00 $750.00 $25,650.00 $21,000.00 $4,000.00 $3,265.51 $46,650.00 6 Professional Services and One Timel Purchases Item One Time Fees Quantity 6 FlockSafetyl Professional: Services Professional Services- Standard Implementation Fee Professional Services- Solar) Implementation. Fee Subtotal Year 1: Annual Recurring Subtotal: Discounts: Estimated Tax: Contract' Total: Taxes shown above are provided as an estimate.. Actual taxes aret ther responsibility of the Customer, This Agreement willd automatically: renewj for successive renewal terms oft thes greater ofo one) year ort the lengths setf fortho ont the Order Form (each, a" "Renewa! Term" unless either Party gives the other Party notice ofnon-renewalatk least thirty (30) days prior to thee end oft the then-current term. DocuSign Envelope ID: 9I7ABEDS8C34F708D1C-BSCAZICEDSTZ Billing Schedule Billing Schedule Year1 At Contract Signing Annual Recurring after Year1 Contract' Total Amount (USD) $25,650.00 $21,000.00 $46,650.00 *Taxi noti included Discounts Discounts Applied Flock Safety Platform Flock Safety Add-ons Flock Safety Professional Services Amount (USD) $4,000.00 $0.00 $0.00 DocuSign! Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Product and Services Description Flock Safcty Platform! Items FlockOSTM Flock Safety Falcon @ One-Time Fees Installation one existing infrastructure Implementation Fee Professional Services- FlockOS Features & Description Flockos Features Community Network Access Unlimited Users State Network (Licensel Plate] Lookup Only) Nationwidel Network (License Platel Lookup Only) Lawl Enforcement! Network Access Time & Location] Based! Search License) Plate Lookup Vehiclel Fingerprint Search & Insights Analytics ESRII Based Mapl Interface Real-Timel NCIC Alerts on Flock ALPR Cameras Unlimited Custom HotI Lists Product Description Terms Flock Safety'ss situational awareness operating system. Fingerprint" technology to capturey vehicular attributes. thel Flock Safety Advanced] Implementation Servicel Brief. with thel Flock Safety Standard Implementation Servicel Brief. Ani infrastructure-1 freel license plater reader camerat that utilizes Vehicle The Terms shall commencer upon firsti installation: and validation ofFlock One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, ands shipping & handlingi ina accordancev with One-time! Professional Services engagement. Includes site & safêty assessment, camera setup &t testing, ands shipping &b handlingi inz accordance with Hardware. Service Description Profèssional Services- Standard One-timel Professional Services engagement. Includes sitea ands safèty assessment, camera setup andt testing, ands shippinga and! handling ina accordance Advanced Implementation: Fee thel Flock Safety Advanced Implementation Servicel Brief. Description evidencet that clears cases. Unlimited users for FlockoS state. The abilityt tor request direct access tof feedsf fromj privately owned Flock Safetyl Falcon@ LPR cameras located inr neighborhoods, schools, and! businessesi iny your community, significantly increasing actionable Allows agencies tol look upl license plates ona all cameras optedi intot thel Flock Safetyr network within your With they vastl Flock Safetys sharing network, lawe enforcement: agencies no longer! havet tor rely onj justt their deviçes alone. Agencies canl leveragea nationwides system! boasting 10b billion additional plate reads per month toa amplifyt thep potentialt to collect vitale evidencei in otherwise dead-endi investigations. Thea abilityt tor request direct açcesst to evidence detection devices from Lawl Enforcement: agencies outside Searchf full, partial, andt temporary: plates byt time: at particular device locations Look ups specificl license plate location history captured on) Flock devices Searchf footage using Vehicle FingerprinfM technology. Access vehicle type, make, color, license plate state, missing/ covered plates, and other unique features likel bumpers stickers, decals, andi roofr racks. Reportingt toolt to! helpa administrators managet their LPR programs with device performance data, usera and network audits, plater readr reports, hot) lista alert reports, event logs, and outcome reports. Map-based interface that consolidates: all datas streams andt thel locations ofe each connected asset, enabling greater situational awareness anda common operating picture. Receivez automated: alerts when vehicles enteredi into established databases fori missing: andy wanted persons are detected, includingt the FBI's! National Crimel Information Center (NÇIC) and! National Center for Missing & Exploited Children (NCMEC)databases. Ability to adda suspect's license platet toac custom list and get alertedy wheni itp passest by al Flock camera ofy yourj jurisdiction. DocuSign Envelope ID: 1917ABED58C34F708DIC-89CAZICED872 Bye executing this Order Form, Customer represents and warrants thati it has read and agrees to all oft the terms and conditions contained int the Master Services Agreement attached. Thel Parties have executed this Agreement as oft the datess set forth below. FLOCK GROUP, INC. Customer: NC-1 Erwin) PD By: Name: Title: Date: By: Name: Title: Date: POI Number: Mark Smith Snow Bowden Town Manager DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Master Services Agreement This Master Services Agreement (this "Agreement"): is entered into by and between Flock Group, Inc. with aj place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA: 30318 ("Flock") and the entity identified ini the signature block ("Customer") (each a "Party," and together, the "Parties"). This Agreement is effective on the date of mutual execution ("Effective Date"). Parties will sign an Order Form ("Order. Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit. A. RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution through Flock'st technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive. Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock's standard Retention Period (defined below) Flock deletes all Footage on ai rolling thirty (30) day basis, except as otherwise stated on the Order. Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions ofthis Agreement, solely for the awareness, prevention, and prosecution of crime, bona fidei investigations and evidence gathering for law enforcement purposes, ("Permitted Purpose"). DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 1.DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- 1.1 "Agreement" means the order form (to be provided as Exhibit A, "Order Form"),t these terms and conditions, and any document therein incorporated by reference in section 11.4. 1.2"Anonymized Data" means Customer Data permanently stripped ofidentifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no 1.3"Authorized. End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this 1.4"Customer Data" means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.5. "Customer Hardware" means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to 1.6 - "Effective. Date" means the date this Agreement is mutually executed (valid and enforceable) 1.7 "Embedded. Sofiware" means the Flock proprietary software and/or firmware integrated with 1.8 "Flock Hardware" means the Flock device(s), which may include thej pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth int the 1.9"Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End 1.10"Flock, Services" means the provision ofl Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio referenced in this Section 1. longer bei identified directly or indirectly. Agreement. provide the Services. by both Parties. ori installed on the Flock Hardware or Customer Hardware. applicable Order Form. Users. Flock IP does not include Footage (as defined below). detection, searching image records, video and sharing Footage. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 1.11 "Footage" means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via thel Flock Services. 1.12 "Installation Services" means the services provided by Flock for installation of Flock 1.13 "Permitted. Purpose" means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution ofc crime; investigations; and 1.14" "Retention Period" means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on: its own storage 1.15 "Term" means the date, unless otherwise stated in the Order Form, upon which the cameras 1.16"Web. Interface" means the website(s) or application(s) through which Customer and its Services. prevention of commercial harm, to the extent permitted by law. devices. are validated by both Parties as operational. Authorized End Users can access the Services. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 2.SERVICES AND SUPPORT 2.1 Provision of Access. Flock hereby grants to Customer ai non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the. Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select aj password and username ("User ID"). Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware ofall applicable provisions of this. Agreement 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, (such as using a third party to host the Web Interface for cloud storage or a cell 2.2 Embedded Software License. Flock grants Customer al limited, non-exclusive, non- transferable, non-sublicensable (except to the. Authorized End Users), revocable right to use the Embedded Software as it pertains to. Flock Services, solely as necessary for Customer to use the 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at uppert@locisately.com (such services collectively referred to as 2.4 Updates to Platform. Flock: may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength of, or market for, Flock's products or services, such platform or system' 's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 2.5 Service Interruption. Services may bei interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for phone provider for wireless cellular coverage). Flock Services. "Support Services"). DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency: maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to. Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User mayi incur asa result ofa Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties associated with the Customer, the time will bet tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event ofa Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end oft the Term. 2.6 Service Suspension. Flock may temporarily suspend Customer's: and any Authorized End User's access to any portion or all oft the Flock IP or Flock Service if( (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer's: account ("Service Suspension"). Customer shall notl be entitled to any remedy fort the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the 2.7. Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or 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 have the right to cease work Term will be tolled by the duration of the Service Suspension. immediately. 3. CUSTOMER OBLIGATIONS DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation ofa User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, ai name that they do not have the right to use, or any other name with thei intent ofimpersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of] Flock. Authorized End Users shall not share their account username or password information and must protect the security oft the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate. Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation oft their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term ofthis agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as "Customer 3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use. Flock 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 Obligations"). sharing of data, video, photo, or audio content. 4.1 DATA USE. AND LICENSING 4.1 Customer Data. As between Flock and Customer, all: right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer. Data and perform all acts asi may be necessary for Flock to provide the Flock Services to Customer. Flock 4.2 Customer Generated Data. Flock may: provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, does not own and shall not sell Customer Data. DocuSign Envelope ID: 19I7ABEDS8C34F708D1CB9CAZICED872 content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated. Data"). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. Customer grants Flock ar non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for thej purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data. 4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock ai non-exclusive, worldwide, perpetual, royalty-free: right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. S.CONFIDENTIALITYDISCLOSURES 5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the "Receiving Parvy')understands: that the other Party (the "Disclosing Party") has disclosed or1 may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary. Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance oft the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that thel Party takes with its own proprietary information, but ini no event less than commercially reasonable precautions, and (ii) not to use (except inj performance oft the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession orl known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed toi it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information oft thel Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to anyjudicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice ofs such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to thel Disclosing Party, destroyed or erased (ifrecorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination oft the Agreement. Notwithstanding any termination, all confidentiality obligations of] Proprietary Information that ist trade secret shall continue inj perpetuity or until such information is no longer trade secret. 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns: nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose inl Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of thel Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any oft the Flock IP is compiled ori interpreted, or apply any other process or procedure to derive the source code ofany software included int the Flock IP; (iii) attempt to modify, alter, tamper with or repair any oft the Flock IP, or attempt to create any derivative product from any oft the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any oft the Flock IP; ;(v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use thel Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There 5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock: may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or are no implied rights. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 third parties, if legally required to do SO ori if Flock has a good faith belief that such access, use, preservation or disclosurei is reasonably necessary to comply with al legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations. 6.PAYMENT OF FEES 6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date ofreceipt. IfCustomer believes that Flock has billed Customer incorrectly, Customer must contact. Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. Ifany undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery ofi its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer oft the payment 6.2 Notice of Changes to Fees. Ini the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end oft the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal 6.3Taxes. To the extent Customer is not at tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed byt taxing authorities associated with the order. IfFlock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall bei invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock: receives, after any deduction and withholding, equals the amount Flock would delinquency before exercising any suspension right. Terms. have received if no deduction or withholding had been required. DocuSign Envelope ID: 1917ABED-5603-F70-BDIC-BSCA21CED872 7.' TERM. AND TERMINATION 7.1 Term. The initial term oft this Agreement shall be for the period oft time set forth on the Order Form (the "Term'"). Unless otherwise indicated on the Order Form, the' Term shall commence upon first installation of Flock. Hardware, as applicable. Following the' Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms oft the greater of one year or the length set forth on the Order Form (each, a "Renewal Term") unless either Party gives the other Party notice of non-renewal at least thirty 7.2' Termination. Upon termination or expiration oft this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach oft this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to thel breaching Party; provided, however, that this Agreement will: not terminate ift thel breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party ofinsolvency, receivership or bankruptcy proceedings, (ii) upon the other Party'smaking an assignment for the benefit of creditors, or (iir) upon the other Party's dissolution or ceasing to do business. In the event ofa a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will: refund Customer a pro-rata portion oft the pre-paid fees for Services not received due to such 7.3 Survival. The following Sections will survive termination: 13.567.3.849111m4 (30) days prior to the end of the then-current term. termination. 11.6. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 8.F REMEDY FORI DEFECT; WARRANTY. AND DISCLAIMER 8.1 Manufacturer Defect. Upon ai malfunction or failure of] Flock Hardware or Embedded Software (a "Defect"), Customer must notify Flock's technical support team. In the event ofa Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves thei right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, CustomerI may request a replacement of] Flock Hardware at a fee according to the reinstall fee schedule atps/www.locksalctycomrcinsall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flocki is not liable for any resulting impact to Flock service, nor shall Customer receive ai refund for the 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in ai manner which: minimizes errors and interruptions in the Services and shall perform the Installation Services in aj professional and workmanlike manner. Services may bet 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 8.41 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TOI DEFECTS. FLOCK DOES NOT WARRANT THAT1 THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ITI MAKE. ANY WARRANTY ASTO' THE RESULTS THAT MAYI BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE: PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITEDTO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR. A Customer gives notice to Flock. lost, damaged, or stolen Flock Hardware. writing or by e-mail ofany scheduled service disruption. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION11.6. 8.5. Insurance. Flock will: maintain commercial general liability policies as stated in Exhibit B. 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions ofthird-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of! hackers, internet service providers or any other third party acts or omissions. 9.LIMITATION OF LIABILITY; INDEMNITY 9.1 Limitation ofLiability. NOTWITHSTANDING ANYTHING1 TO1 THE CONTRARY, FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL. NOT BE RESPONSIBLE OR LIABLE WITH RESPECTTOANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACI, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C)COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR. ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR. ANY MATTER BEYOND FLOCK'S. ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F)J FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TOTHE ACT OR OMISSION THAT GAVE RISE TO' THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO' THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL. MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. 9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions ofits own employees, officers, or agents, in connection with the performance oft their official duties under this Agreement. Each Party to this Agreement shalll be 9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: () any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or usedi in the performance oft this Agreement; or (ii) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence oft the Customer or its agents, officers or employees. Flock's performance oft this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) liable for the torts ofi its own officers, agents, or employees. months. 10. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property ofFlock. Title to any Flock Hardware shall not pass to Customer upon execution ofthis Agreement, except as otherwise specifically set forthi in this Agreement. Except as otherwise expressly stated ini this Agreement, Customer: is not permitted toi remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer isi found to engage in any oft the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention oft title oft the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove. Flock Hardware at Flock's discretion. Such removal, ifr made by Flock, shall not be deemed a waiver of Flock's DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 rights to any damages Flock may sustain as ai result of Customer's default and Flock shall have 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning oft the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation ofFlock Hardware to create a deployment plan ("Deployment. Plan").) In the event that Flock determines that Flock Hardware will not achieve optimal functionality ata a designated location, Flock shall have final discretion to veto a specific location, and will provide 10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting oft the mounting, removing foliage, replacement, changes tol heights of mpbo.losstiysntemisinsial-testalie. Customer will receive prior notice and 10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described ini the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with 10.5 Flock's Obligations. Installation of any Flock Hardware shall bei installed in al professional manner within a commercially reasonable time from thel Effective Date oft this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to: monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or1 third party to perform certain obligations under this Agreement, provided that Flock's use ofs such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this the right to enforce any other legal remedy or right. alternative options to Customer. poles will incur a fee according to the reinstall fee schedule located at confirm approval of any such fees. such installation. Agreement. 11. MISCELLANEOUS DocuSign Envelope ID: 1917ABED-56C3-F70-BD1C-89CA21CED872 11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, 11.2 Severability. Ifany provision oft this Agreement is found to be unenforceable or invalid, that provision will bel limited or eliminated to the minimum extent necessary sO that this 11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of 11.4 Entire. Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule hitps/wyw.locksalctycomrenstal-fee-schedule, and any attached exhibits are the complete and exclusive statement oft the mutual understanding oft the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter ofthis Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's 's purchase orders, authorizations or similar documents will alter the terms ofthis Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict oft terms found in this Agreement or any other terms and conditions, the terms oft this Agreement shall prevail. Customer agrees that Customer's purchase isn neither contingent upon the delivery ofa any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 11.6 Governing Law; Venue. This Agreement shall be governed by the laws oft the state: in which the Customer is located. The Parties hereto agree that venue would bej proper in the including responding to any subpoena request(s). Agreement will otherwise remain in full force and effect. merger, consolidation or similar transaction. DocuSign Envelope ID: 19I7ABEDS8C34F708D1C-B9CAZICED872 chosen courts oft the State ofwhich the Customer: is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded ini its entirety from this 11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer'sp prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms ofthis Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall 11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer's name and disclose the nature of the Services inl business and development and marketing efforts. Nothing contained in this Agreement shall be construed as conferring on any Party, any right to 11.9 Feedback. IfCustomer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any ofthe 11.101 Export. Customer: may not remove or export from the United States or allow the export or re-export ofthe 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 ofl Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according tot the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.22770140a)C) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part ofany Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or Agreement. control. use the other Party's name as an endorsement of product/service. foregoing. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 commercial software documentation by the U.S. Government will be governed solely by the terms oft this Agreement and will bej prohibited except to the extent expressly permitted by the 11.11 Headings. The headings are: merely for organization and should not be construed as adding meaning to the. Agreement ori interpreting the associated sections. 11.12. Authority. Each oft the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind thel Parties they are: representing 11.13 Conflict. Int the event there is a conflict between this Agreement and any applicable statement ofwork, or Customer purchase order, this Agreement controls unless explicitly stated 11.14 Notices. All notices under this Agreement will bei in writing and will be deemed tol have been duly given when received, if personally delivered; when receipt is electronically confirmed, iftransmitted by email; the day afteri it is sent, ifs sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or,i if different, below), ifs sent by certified or registered mail, return receipt requested. 11.15 Non-Appropriation. Notwithstanding any other provision ofthis Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on1 the availability ofs said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non appropriation with terms oft this Agreement. upon the Effectivel Date. otherwise. thirty (30) days written notice without penalty or other cost. DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 FLOCK NOTICES ADDRESS: 11701 HOWELL MILL ROAD, NW SUITE210 ATLANTA, GA3 30318 ATTN: LEGAL DEPARTMENT EMAIL: legal@flocksatetly.com Customer NOTICES ADDRESS: ADDRESS: ATTN: EMAIL: DocuSign Envelope ID: 917ABED-S8C34F708D1C-B9CAZICED872 EXHIBITB INSURANCE Required Coverage. Flock shall procure and maintain for the duration ofthis Agreement insurance against claims for injuries to persons or damages toj property that may arise from or in connection with the performance of the services under this Agreement and the results oft that work by Flock ori its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating oft no less than "A" and' "VII". Flock shall obtain and, during the term ofthis Agreement, shall maintain policies ofp professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts ofnot less than the limits listed herein. The insurance policies shall provide that thej policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage. Types and Amounts Required. Flock shall maintain, at minimum, the following insurance ()Commercial General Liability insurance written on an occurrence basis with minimum limits ofOne Million Dollars ($1,000,000) per occurrence and' Two Million Dollars ($2,000,000) int the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and (ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits ofTen Million Dollars ($10,000,000) per occurrence and' Ten Million Dollars ($10,000,000): in (ii) Professional Liability/Errors and Omissions insurance with: minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000): in the (iv) Commercial Automobile Liability insurance with ai minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, coverage for the duration of this Agreement: completed operations coverage; the aggregate; aggregate; including owned and non-owned and hired automobile coverage; and DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 (v)Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000). DocuSigni Envelope ID: 9I7ABEDS8C34F708D1C-BPCAZICED8TZ Customer mplementation Guide Law Enforcement fyock safety DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Table of Contents Implementation Timeline Flock Safety Team 2 3 6 implementation Service briefs: Existing infrastructure Existing Infrastructure Implementation Standard Implementation Advanced Implementation VS Standard VS Advanced Things to Consider When Selecting Locations Customer Responsibilities: AC-Powered Cams 12 14 15 Electrician Handout Electrician Installation Steps FAQs about AC-Powered Flock Cameras Installation Service Brief Summary Permitting: Pre-Install Questionnaire 18 19 1. Timeline 2. Right of Way 3. AC Power VS. Solar 4. Traffic Control & Installation Methods 5. Paperwork & Required Forms 6. Contacts *Fee Schedule Help Center Customer Support 21 22 22 CUSTOMER IMPLEMENTATION GUIDE: LAW ENFORCEMENT fiock safety 1 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 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: REVIEWLOCATIONS Confirm Camera Locations With Your Sales Representative FLOCK: Your sales representative will present several viable options for camera locations CUSTOMER: Review Deployment Plan & approve camera locations PLEASE NOTE: If Public Works is required to move forward, please obtain approval FLOCK: Confirm Deployment Plane and signed agreement. Flock will movei forward with next steps for locations that don't need permits (minimum 10 locations needed to move FINALIZELOCATIONS Prepare For Finalized Camera Locations forward with partial installation) CUSTOMER: Prepare the belowi items, as needed Ifp permits are required, begin application process Ifo camera willl be AC-powered, hire ane electrician/street department Conduct On-site Survey & Place Flags STEP1 FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm: solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag PLEASE NOTE: Ift thei initially determined locations don't meet Flock standards, we will evaluate ar new location, obtain customer approval, and redo a site survey. This may at each spot push timeline for installation Call 811 STEP2 FLOCK: Flock Safety will coordinate with Call 811 tor mark each camera location for PLEASE NOTE: Call 811 is a government service, so turnaround times may vary andi is underground utilities within a 10-foot radius outside of Flock control Schedule Installation STEP3 FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date Install & Validate Cameras STEP4 FLOCK: Afteri installation, your Onboarding Specialist will confirm that cameras are capturing footage well andi functioning properly. They willt then give you full access to the system along with helpful training resources Finalize Any Installation Needs ONGOING - ASI NEEDED FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. Ini thesei instances, we will continue to work through this process untily your cameras are fully installed and operational fyock safety 2 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Flock Safety Team mplementation Team How They Will Support You Your Project Manager is your primary contact Your project manager will guide you through the entire installation process, keeping you apprised of all implementation updates as well as answering any questions you have during this time. They will ensure that all the cameras are on the ground and operating for at least 48 hours before transitioning you to your Customer Success Manager. during camera installation. Project Manager The Field 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 the delivery of the product. They take the technical plan you finalized with Product Implementation and work closely with other teams at Flock to make sure that the cameras are installed quickly and safely and in away that maximizes the opportunity to solve *Note*: For all Installation questions or concerns, please always direct them to your Customer Success Manager and not the Field Operations Team crime at a specific location. technician. flock safety 3 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Relationship Team How They Will Support You Your Customer Success Manager is your strategic partner for your lifetime as a Flock customer. While the cameras are getting installed, your CSM will help get your account set up and get all key Post-Camera-nstalaton, your CSM will be your go-to for most account-related needs: You should users trained on the system. Customer Success Manager reach out to them to: Set up Account Training Understand benefits of features Learning best practices for getting relevant Identifying opportunities to expand the security Provide feedback on your partnership with data network in your area Flock The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To get in touch with support, simply email upportelocksaltelycon or call 866-901-1781 Mon-Fri 8am-8pm EST. Request camera maintenance Troubleshoot online platform Contract / Billing questions Update account information Camera Sharing questions Support can help you: Flock Safety Support Quick "How to" questions in your Flock Account flock safety 4 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Outside Party When They May Be Involved Ifthe Flock cameras need to be AC powered, you (customer) are responsible for providing an electrician to ensure power connectivity Electrician/Street Department To weigh in on the use of public Rights of Way or Public Works (LE) property Department of Transportation (DOT), City, or County agencies Ifinstallation in your area requires permitting PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your mplementation. fiock safety 5 DocuSign Envelope ID: 1917ABED-56C3-F70-BD1C-89CA21CED872 mplementation Service Briefs: Existing Infrastructure VS Standard VS Advanced Existing Infrastructure Install Standard Install Flock Medium Mid Advanced Install NCHRP 350/ MASH Longest Highest Pole Timeline Cost None Short Lowest Existing Infrastructure Implementation COST: $150 per camera (one time cost) Included In Scope: Once designated locations are approved by the customer, as part of the Existing Infrastructure Implementation Service Flock will perform the following: An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) o Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels ifr relying on solar power, only one camera can be installed per pole. Confirm that a location is safe for work by following State utility locating are on a single pole (blocking visibility). Therefore procedures. Each installation may include the following: Installation of camera and solar panel or AC adapter box on a suitable existing pole fiock safety 6 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 Types of existing infrastructure such as existing utility, light, and traffic Pole no higher than 8'-12' (approval at Flock Safety's discretion) Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our electrical wiring requirements. Flock is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician signal poles. and associated costs, not included in the scope. 0 Access requiring up to a 14' using an A-frame ladder Standard MUTCD traffic control procedures performed by a Flock Obtain a business license to operate in the city and state of camera location technician Out Of Scope: By default, Flock does not include the following as part of the Existing Infrastructure Implementation Service but can provide a quote for sourcing at Mounting on mast arms (always require bucket truck and traffic control) an additional cost: Call 811 Cal-Defore-you-Dig system Installation of any poles including but not limited to o Standard, 12' above grade Flock breakaway pole I NCHRP 350 or MASH approved pole (as may be required for locations in ABucket Truck for accessing onzonta/cross-peanms and/or height above 14' DOT right of way) Special equipment rentals for site access Site-specific engineered traffic plans Third-party provided traffic control connection requirements Custom engineered drawings State or city-specific specialty contractor licenses or unique attachment Electrical work requires a licensed electrician. fiock safety 7 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Concrete cutting Private utility search for privately owned items not included in standard 811 Upgrades to power sources to ready them for Flock power (additional fuses, Any fees or costs associated with filing for required city, county, or state Licensing or attachment agreements with asset/Intrastructure owners procedures communication, networking, sprinklers, etc.) switches, breakers, etc.) permits Utility contracts and billing Customer requested relocations (see fee schedule) Standard Implementation COST: $650 per camera (one time cost) Included In Scope: Once designated locations are approved by the customer, as part of the Standard Implementation Service Flock will perform the following: An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions Engage 811 Cal-elore-you-Dig system to receive legal dig date I Apply approved markings Coordinate with 811 regarding any necessary during the installation high-risk dig clearances or required vendor meets Each installation may include the following: Installation of camera and solar panel with standard, 12' above grade Flock breakaway pole fiock safety 8 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-890A21CED872 Installation of camera and AC adapter that a qualified electrician can connect to AC power on a suitable existing pole, no higher than 8-12' (approval at Flock Safety's discretion) Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our electrical wiring requirements. Flock is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope. Access requiring up to a 14' A-frame ladder S Standard MUTCD traffic control procedures performed by a Flock technician Obtain a business license to operate in the City and State of camera location Out Of Scope: By default, Flock does not include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost: Use and/or mounting to existing infrastructure. NCHRP 350 or MASH approved pole (as may be required for locations in DOT AB Bucket Truck for accessing honzonta/cross-beams and/or height above 14' right of way) Special equipment rentals for site access Site-specific engineered traffic plans Third-party provided traffic control Custom engineered drawings State or city-specific specialty contractor licenses Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Concrete cutting Private utility search for privately owned items not included in standard 811 procedures communication, networking, sprinklers, etc.) fiock safety 9 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 Upgrades to power sources to ready them for Flock power (additional fuses, Any fees or costs associated with filing for required city, county, or state Licensing or attachment agreements with asset /infrastructure owners switches, breakers, etc.) permits Utility contracts and billing Customer requested relocations (see fee schedule) Advanced Implementation COST: $1,900 per camera (one time cost) Included In Scope: Once Designated Locations are confirmed, as part of the Advanced Implementation Service, Flock will perform the following: Ani in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during E Engage 811 Cal-Defore-you-Dig system to receive legal dig date Apply approved markings Coordinate with 811 regarding any necessary the installation high-risk dig clearances or required vendor meets Each installation may include the following: Installation of camera and solar panel on a suitable NCHRP 350 or MASH Installation of camera and AC adapter that a qualified electrician can approved pole. connect to AC power. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our electrical wiring requirements. Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). flock safety 10 DocuSign Envelope ID: 917ABED-56C3-4F70-BDIC-B9CA21CED872 Electrical work requiring a licensed electrician and associated costs, not included in the scope. A Access requiring up toa 14' A-frame ladder S Standard MUTCD traffic control procedures performed by a Flock technician Obtain a business license to operate in the City and State of camera location Out Of Scope: By default, Flock does not include the following as part of the Advanced Implementation Service but can optionally provide a quote for sourcing (additional cost): Installation on Standard, 12' above grade Flock breakaway pole or existing AB Bucket Truck for accessing orzontalctoss-Deams and/or height above 14' infrastructure. Special equipment rentals for site access Site-specific engineered traffic plans Third-party provided traffic control Custom engineered drawings State or City-specific specialty contractor licenses Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Concrete cutting Private utility search for privately owned items not included in standard 811 Upgrades to power sources to ready them for Flock power (additional fuses, Fees or costs associated with filing for required City, County, or State permits procedures communication, networking, sprinklers, etc.) switches, breakers, etc.) fiock safety 11 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-89CA21CED872 Things to Consider When Selecting Locations Falcon Cameras Use Cases Flock LPRS are designed to capture images of rear license plates aimed in the direction Flock LPRS are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non-vehicle traffic, of traffic. intersections. Placement 7 They capture vehicles driving away from an intersection. > They cannot point into the middle of an intersection. They should be placed after the intersection to prevent stop and go motion activation or "stop and go" traffic. Mounting 0 They can be mounted on existing utility, light, traffic signal poles, or 12 foot ) They should be mounted one per pole.** If using AC power, they can be They can be powered with solar panels or direct wire-in AC Power (no Flock poles.* mounted 2 per pole. outlets).*** They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images. Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, ** Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one **Flock does not provide Eleçtrical services. Once installed, the agency or community must work with ane electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from depending on local regulations & policies. camera can bei installed per pole. dying. fyock safety 12 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Solar Panels Solar panels need unobstructed southern-facing views. Pole Ifal location requires a "DOT Pole" (i.e., Advanced Pole, notl Flock standard pole), the implementation cost will be $5,000/camera. fyock safety 13 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Customer Responsibilities: AC-Powered Cams Ifthe 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 2 and 6 below. How to Get Started with a Powered Install 1. Create a Deployment Plan and power sources Work with us to select the best location(s) for Flock Safety cameras 2. Acquire an Electric Quote Contact an electrician to receive a quote to run 120volt AC power to 120v the camera 3.Sign Flock Safety Agreement Sign the Flock Safety purchase order to begin the installation of cameras 4. Conduct Site Survey mark if present 5. Install Camera camera location Flock will mark camera locations, locate underground utilities and Flock will install the camera and AC power kit at the specified 6.C Connect Camera to Power connection installation Notify the electrician that the camera is ready for the power fiock: safety 14 DocuSign Envelope ID:1 1917ABED-56C3-4F70-BD1C-89CA21CED872 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 b. Connect AC Line wire to the Surge Protector black Line wire using the open c.C Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut. position on the lever nut. 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 SURGE PROTECTOR N AC/DC CONVERTERZAVBOW REDPANELLIGHT CAMERA ACA V. ACN 120VAC FROMLIGHTPOLE ffock safety 15 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 FAQs about AC-Powered Flock Cameras What voltage is supported? version is available on request. How much power does this consume? The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in high traffic conditions but maybe lower when fewer vehicles are present. Who is responsible for contracting the electrician? The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician. Who is responsible for maintenance? Flock will handle all maintenance related to Flock's camera and power equipment. However, any problems with the electrical supply are the customer's responsibility. 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. Ift the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verifies 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 call the electrician who installed the power supply. How much does itcost? Work required to bring AC power to each location will be different, sO exact pricing is unavailable. Primary cost drivers include arrow boards and the distance from the camera location to the AC power source. Whatinformation dolneed to provide my electrician? infrastructure before creating the deployment plan. The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpfuli if you know the location of the existing power fiock safety 16 DocuSign Envelope ID: 19I7ABEDS8C34F7080IC-B9CA2ICED872 Can you plugi it 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. The electrician can route power directly to the camera with a direct wire-in connection if an outlet is close to the camera. How long does this process typically take? The installation process typically takes 6-8 weeks. 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 shouldllook for? Any licensed electrician should perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work. 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 to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer. 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 a 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 circuit. fYock safety 17 DocuSign Envelope ID: 917ABED-56C3-4F70-8D1C-B9CA21CED872 Installation Service Brief Summary Below outlines the statement of work for the Flock Camera Installation: What Is Covered By Flock Flock Cameras & Online Platform Mounting Poles What Is NOT Covered By Flock Traffic Control And Any Associated Costs Special Note *DOT Approved Pole Cost Electrician &0 Ongoing Electrical Costs Engineering Drawings Relocation Fees Contractor Licensing Fees Permit Application Processing Fees Specialist Mounting Equipment 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) Data Storage For 30 Days Excluding Changes During Initial Installation Including, But Not Limited To, **MASH Poles Or Adapters Bucket Trucks Loss, Theft, Damage To Flock Equipment Camera Downtime Due To Power Outage ***Field Technician Maintenance For Falcon" Flex Only Applicable For AC-Powered Cameras *f al location requires a' "DOT pole" (i.e., not our standard), the implementation cost will be $5,000/camera; This cost **MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results *lf a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800 is applicable for installations in GA, IL, SC, TN, and CA. fyock safety 18 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Permitting: Pre-Install Questionnaire 1. Timeline InF Flock Safety's experience, in-depth permitting requirements can add 2+ The SLA for permit document submission is within 15 days from contract months to the installation timeline. signature date (contract Closed-Won) 2. Right of Way Will any Flock Safety cameras be installed on the city, state, or power company-owned poles or in the city, county, or state Right of Way (RoW)? Will additional permits or written permission be required from third-party entities (such as DOT, power companies, public works, etc.)? Will any cameras be installed on city-owned traffic signal poles (vertical ol If yes, please provide heights/photos to determine if a bucket truck is Note: A bucket truck is required if the height exceeds 15 feet tall. > What is the RoW buffer? mass)? needed for the installation. 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 powered Ifsolar-powered, consider the size of the solar panel and potential to impact installation kit? the visibility of DOT signs/signals: Single Panel: 21.25" X 14"x2" (Length X Width X Depth) D Double Panel: 21.25" X. 28" x2" (LxWxD) 4. Traffic Control & Installation Methods Ifal bucket truck is required, this typically necessitates an entire lane to be blocked in the direction of travel. Can you provide a patrol car escort, orv will full traffic control be required?* PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received. fiock safety 19 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Iffull traffic control is required (cones, arrow boards, 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 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 versions/varances that must be followed? Ifal bucket truck is not required, the shoulder or sidewalk should suffice and enable Flock Safety to proceed without traffic control systems in place. Note: In some states (i.e., arrow boards), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to of Uniform Traffic Control Devices (MUTCD). assist? 5. Paperwork & Required Forms Flock Safety will need copies of paperwork to complete before proceeding (ex., business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these. 6. Contacts IfFlock Safety needs to interface directly with the departments, please share the contact information of the following departments: P Permitting - Public Works Traffic Department fiock safety 20 DocuSign Envelopel ID: 9IT7ABEDS8C34F708D1C-B9CAZICEDSTZ *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. What Services Incur Fees: Requested relocations post-approval by customer Relocations due to poor performance will be the responsibility of Flock Ifac customer requests a location against the advisement of Flock, performance issues and any requested relocations will be the responsibility of Per the contract and absent a defect, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy https/www.flocksalely/com/einstal-fee-schedule Misc billables for out of scope items for each implementation the customer. Incurred Fees: Camera relocation E Existing infrastructure (non-AC powered). F Flock pole (non-AC powered). A Advanced pole (non-AC powered). $350 $750 $5000 $800 $500 $5000 $1300 $5800 Replacements Camera only as a result of vandalism, theft, or damage - Pole replacement only as a result of vandalism, theft, or damage Flock pole Advanced pole Full replacement as a result of vandalism, theft, or damage Flock pole, camera, and solar (non-AC Powered). Advanced pole, camera, and solar (non-AC Powered). fiock safety 21 DocuSign Envelope ID: 1917ABED-56C3-4F70-BD1C-B9CA21CED872 Trip charge Examples: $350 Angle adjustment (elective) Install additional Flock signage 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 upportelocksaley/com Help Center Our Help Center is filled with many 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 doladd a user? How do ladd a vehicle to my own Hot List? How dolenable browser notifications for Hot List alerts? How do I get text alerts for Hot List? How dolrequest camera access from other nearby agencies? How do luse the National Lookup to search for a plate? network of Flock cameras to be used for searches) How dolreset my /a another user's password? (National Lookup network of law enforcement agencies that have opted to allow their Customer Support You can reach our customer support team anytime by emailing upportelocksaleycen They can help answer any "How-To" questions you may have. fiock safety 22 Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: July22nd,2024 Subject: Concert Series Commissioner Nelson has been raising funds to sponsor a concert for the Town ofErwin this fall. At the moment, hei is planning on working with the Erwin Area Chamber of Commerce to hold this concert. Commissioner Nelson helped plan a concert that was held last fall that had a pretty good turnout. We heard al lot of] positive feedback about the concert last year. These types ofe events are great for the community. I wanted to take a few minutes to discuss potentially sponsoring the upcoming concert and/or future concerts that we could host for the community. MINUTES CONTINUED FROMJULY/7.2024 RECONVENED Commissioner McKoy made a motion to go back to regular session at 7:54 PM and was seconded by Commissioner Byrd. The Board voted unanimously. GOVERNING COMMENTS Mayor Baker congratulated Town Clerk Lauren Evans on her new addition. He reminded the Board ofthe Family Fun Day for Town Employees on. Friday, July 26th from 12-2 PM. ADJOURNMENT Commissioner Byrd made a motion to adjourn at 7:56 P.M. and was seconded by Commissioner McKoy. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: SS6 Ofaua Esio Lauren Evans NCCMC Town Clerk Randy) Baker Mayor