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HomeMy WebLinkAbout06/16/2026 04. Distributed at the Meeting (5)Distributed at Meeting: FLOCK OWNS THE DATA COY Contract, WA SB 6002, ACLU information In front of you are 3 documents. (handouts should be WA SB 6002, COY contract terms, & ACLU article) These are all easily found online with a simple search, but to be sure you have them, we've provided them for you today and have highlighted the information we're discussing to make it even easier for you. Please read along with us. Let's start with WA Senate Bill 6002, which is "Relating to driver privacy protections and automated license plate reader systems," that was signed into law March 30, 2026, and went into effect immediately. If you turn to page 6, section 5, 1B, the highlighted section reads: "A third -party vendor providing automated license plate reader system services may access an automated license plate reader system solely to the extent necessary to fulfill a specific agency -authorized purpose." Please note there are no limits or specifications on what the agency can consider a "specific agency -authorized purpose." (https:j/lawfilesext.leg wa,gov bienniumJ202S-26JPdf/Oil5/ enate%2QPassed%20Legislaturel 6002-S. PL. pdf#page=1) Next, if you look at the ACLU article entitled, 'Flock Can Share Driver -Surveillance Data Even When Police Departments Opt Out, And Other Flock Developments," you'll see the highlighted section that reads, "Flock's default agreement with police departments gives the company the right to share data with federal and local agencies for "investigative purposes" even if a local department chooses to restrict data to its own officers. Every community in the nation that is home to Flock cameras should look at the user agreement between their police department (or other Flock customers) and the company, to see whether it contains a clause stating that the customer "hereby grants Flock" a "worldwide, perpetual, royalty -free free right and license" to "disclose the Agency Data... for investigative purposes." This is the language that will govern in a community unless a department demands changes to the standard user agreement that Flock offers." I would encourage you to read the entire article on your own time as it has a lot of factual information in it. (Flock Can Share Driver -Surveillance Data Even When Police Departments Opt Out, And Other Flock Developments 1 American Civil Liberties Union) And finally, lets all look at the City of Yakima FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM, page 11, section 4.1, Confidentiality. The highlighted section states, "Agency (YPD) hereby expressly grants Flock a non- exclusive, worldwide, perpetual, royalty- free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order." (https://apps.yakimawa.qov/WebLink/DocView.aspx? id=621103&dbid=O&repo=CityOfYakima&searchid=67d756 e-52ad-4d53-b49f- db0934f28a8d). To recap, according to Washington state law, the City contract with Flock, and as pointed out by the ACLU and numerous other agencies not listed here, the City does not own the data collected by the cameras and can not control what any other agency and specifically the 3rd party billion -dollar surveillance company does with the data. Do NOT renew these contracts. Do NOT add live video surveillance cameras. Remove the contracts. Invest that money in proven community resources. ENGROSSED SUBSTITUTE SENATE BILL 6002 AS AMENDED BY THE HOUSE Passed Legislature - 2026 Regular Session State of Washington 69th Legislature 2026 Regular Session By Senate Law & Justice (originally sponsored by Senators Trudeau, Holy, Alvarado, Bateman, Chapman, Conway, Dhingra, Frame, Hasegawa, Kauffman, Lovelett, Nobles, Pedersen, Shewmake, Slatter, Stanford, and Valdez) READ FIRST TIME 01/23/26. 1 AN ACT Relating to driver privacy protections and automated 2 license plate reader systems; adding a new chapter to Title 10 RCW; 3 prescribing penalties; and declaring an emergency. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. INTENT. The legislature finds that it 6 plays an important role balancing the need to ensure public safety 7 and an individual's right to privacy under both the federal Fourth 8 Amendment to the United. States Constitution and the broader 9 protection of individual rights guaranteed by Article I, section 7 of 10 the Washington state Constitution. 11 The legislature further finds that the dramatic expansion of 12 surveillance technology across the country has demonstrated the need 13 to establish sensible guardrails on the use of surveillance data 14 collected from monitoring the location and travel of individuals, 15 without a warrant, to ensure its use by law enforcement and other 16 government agencies must not come into conflict with existing 17 protections for Washingtonians and ensure that it is not being used 18 for purposes prohibited under state and federal law. p. 1 ESSB 6002.PL 1 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this 2 section apply throughout this chapter unless the context clearly 3 requires otherwise. 4 (1) "Agency" includes all state agencies and all local agencies. 5 (2) "Audit trail data" means all forms of data collected or 6 generated by an automated license plate reader system that identify 7 how the system is accessed or used. "Audit trail data" includes 8 information about who accesses or uses the system, and how and when 9 the system is accessed or used. "Audit trail data" does not include 10 automated license plate reader data. 11 (3) "Automated license plate reader data" means all data 12 collected by automated license plate reader systems including, but 13 not limited to, global positioning system coordinates, location, date 14 and time, speed of travel, photograph, license plate number, 15 automobile characteristics, or other identifying information. 16 "Automated license plate reader data" does not include audio or video 17 recordings generated by a dashboard or body worn camera, unless such 18 recordings are converted into computer -readable license plate 19 characters or associated metadata, or are indexed, made searchable, 20 or analyzed by license plate number, individual, vehicle, biometric 21 identifier, or other unique identifier for the purpose of 22 identifying, tracking, or reconstructing an individual's or vehicle's 23 location. 24 (4) "Automated license plate reader system" means a system, 25 software, or computer algorithm, whether used independently or in 26 combination with one or more mobile or fixed automated cameras, that 27 is used to convert images of license plates into computer -readable 28 data. An automated license plate reader system excludes automated 29 school bus safety cameras, speed safety camera systems, and automated 30 traffic safety camera systems, as defined in RCW 46.63.210, that do 31 not interface or interact with an automated license plate reader 32 system for purposes other than those authorized under RCW 46.63.180, 33 46.63.200, or 46.63.220 through 46.63.260. An automated license plate 34 reader system excludes photo toll system cameras authorized under RCW 35 47.56.795 or 47.46.105. 36 (5) "Court order," "warrant," or "subpoena" means a court order 37 as defined in RCW 43.17.420. 38 (6) "Law enforcement agency" has the same meaning as in RCW 39 10.116.010. p. 2 ESSB 6002.PL 1 (7) "Local agency" includes every county, city, town, municipal 2 corporation, quasi -municipal corporation, special purpose district, 3 focal housing authorities, or any office, department, division, 4 bureau, board, commission, or agency thereof, or other local public 5 agency including their respective employees and agents. 6 (8) "State agency" includes every state office, department, 7 division, bureau, board, commission, or other state agency, and their 8 respective employees and agents. 9 NEW SECTION. Sec. 3. OPERATION. (1) Except as provided for in 10 this section, it is unlawful for any agency to access, operate, or 11 use an automated license plate reader system or its associated. 12 automated license plate reader data. 13 (2) An agency may access, operate, or use an automated license. 14 plate reader system and its associated data only for the following 15 authorized purposes: 16 (a) Any law enforcement agency may use an automated license plate 17 reader system for the purpose of comparing captured automated license 18 plate reader data with: 19 (i) Data in any of the following databases maintained by either a 20 federal or Washington state agency: The department of licensing, the 21 state criminal justice information system, the federal bureau of 22 investigation kidnappings and missing persons list, the national 23 center for missing and exploited children list, and the Washington 24 missing persons list; or 25 (ii) License plate numbers or vehicle characteristics that have 26 been entered into a state or local automated license plate reader 27 system database or entered in order to perform a search, upon an 28 officer's determination that the license plate numbers or vehicle 29 characteristics are relevant and material to an investigation of a 30 vehicle that is: 31 (A) Stolen; 32 (B) Associated with a missing or endangered person; 33 (C) Registered to an individual for whom there is an outstanding 34 felony or gross misdemeanor warrant; or 35 (D) Related to or involved in a felony or gross misdemeanor. 36 (b) Any parking enforcement agency, or their agent, including, 37 but not limited to, cities, counties, the department of enterprise 38 services, and institutions of higher education as defined in RCW p• ESSB 6002.PL 1 28B.10.016 may use an automated license plate reader system for the 2 following purposes: 3 (i) Enforcing restrictions on the use of parking spaces; or 4 (ii) Identifying vehicles in a database for impoundment or 5 immobilization under a local ordinance enacted under RCW 46.55.240, 6 provided the database includes only license plates of vehicles 7 subject to that ordinance. 8 (c) Any transportation agency may use an automated license plate 9 reader system for the following purposes: 10 (i) Providing real-time traffic information to the public, 11 traffic modeling, and traffic studies such as determining 12 construction delays and route use; and 13 (ii) Enforcing commercial vehicle systems at Washington state 14 patrol enforcement sites and weigh stations. 15 (d) State and local agencies operating automated license plate 16 reader systems are the legal owners of the associated automated 17 license plate reader data collected by the system the agency 18 operates. 19 (3) It is unlawful for any agency, as described in RCW 43.17.425, 20 to use an automated license plate reader system for immigration 21 investigation or enforcement, or both, in accordance with RCW 22 10.93.160, or for any protected health care services under chapter 23 7.115 RCW, or to track or otherwise monitor activity protected by the 24 Washington state Constitution and the first amendment to the United 25 States Constitution. 26 (4)(a) It is unlawful for any agency to collect automated license 27 plate reader data on the premises or immediate surroundings or access 28 to or from facilities that provide protected health care, as 29 described in chapter 7.115 RCW, or at facilities conducting an 30 immigration matter as defined in RCW 19.154.020, elementary and 31 secondary schools, places of worship, courts, or food banks. 32 (b) For the purposes of this subsection, "facilities" includes 33 only the building or buildings used for the purposes described in (a) 34 of this subsection and any immediately adjacent parking lots that are 35 primarily or exclusively used for the purposes described in (a) of 36 this subsection. 37 (5) Any agency that intends to use, or currently uses an 38 automated license plate reader system as of the effective date of 39 this section and intends to continue using the system, shall register 40 it with the office of the attorney general on forms approved by the p 4 ESSB 6002.PL 1 office for that purpose within 180 days of the effective date of this 2 section. The head of the agency shall certify that the system meets 3 all the requirements of this chapter, and that the agency has a 4 policy or policies in effect governing its use and a documented 5 training process for the officers that will use it. Agencies may not 6 use automated license plate reader systems that have not been 7 properly registered under this section. 8 (6) A positive match by an automated license plate reader system 9 alone does not constitute reasonable suspicion as grounds for a state 10 or local law enforcement officer to stop the vehicle.. The officer 11 shall develop independent reasonable suspicion for the stop or 12 immediately confirm visually that the license plate on the vehicle 13 matches the image of the license plate displayed on the automated 14 license plate reader system and confirm by other means that the 15 license plate number is in one of the databases specified in 16 subsection (2) (a) of this section. 17 NEW SECTION. Sec. 4. RETENTION. Automated license plate reader 18 data collected by or on behalf of an agency, as authorized pursuant 19 to section 3(2) of this act, shall not be used or shared for any 20 other purpose and shall not be retained longer than 21 days, with the 21 following exceptions: 22 (1) When retained pursuant to a valid, court -issued, probable 23 cause felony or gross misdemeanor warrant or subpoena, or as 24 permitted by court order in criminal or civil cases, provided the 25 data is deleted at the conclusion of the criminal or civil case, 26 pursuant to the applicable record retention schedule. Automated 27 license plate reader data may be shared in discovery in accordance 28 with applicable court rules; 29 (2) When retained for the purpose of parking enforcement, 30 provided the data is deleted no later than 12 hours after final 31 disposition of a parking enforcement case, including exhaustion of 32 any applicable appeals process; 33 (3) When retained for the purpose of traffic studies, provided 34 the data is deleted no later than 30 days after collection; 35 (4) When retained for the purpose of enforcing commercial vehicle 36 systems, provided the data is deleted no later than six months after 37 collection; and 38 (5) When retained for the purpose in section 3(2) (a) of this act 39 for as long as such captured automated license plate reader data is p. 5 ESSB 6002.PL 1 needed as evidence of specific unlawful conduct enumerated in section 2 3(2)(a) of this act. 3 NEW SECTION. Sec. 5. PROHIBITED PRACTICES. (1) An agency that 4 uses an automated license plate reader system pursuant to section 5 3(2) of this act shall not: 6 (a) Disclose, share, or permit access to automated license plate 7 reader data except as required in a judicial proceeding; 8 (b) Provide any other entity with direct access to the automated 9 license plate reader system, except with other state or local 10 agencies authorized to collect automated license plate reader data 11 under section 3 of this act. A third -party vendor providing automated 12 license plate reader system services may access an automated license 13 plate reader system solely to the extent necessary to fulfill a 14 specific agency -authorized purpose. 15 (2) Any agency that uses a database pursuant to section 3(2) (a) 16 and (b) (ii) of this act shall use the most recent and updated version 17 of the database that is available to the agency and shall check for 18 and apply any available updates no less than once every 24 hours. 19 (3) An agency shall not sell., lease, rent, or purchase automated 20 license plate reader data or audit trail data. 21 (4) An agency may obtain privately held automated license plate 22 reader data only pursuant to a valid, court -issued, probable cause 23 warrant. 24 (5) Automated license plate reader data is not subject to 25 disclosure under the public records act, chapter 42.56 RCW, except 26 such data may be used for bona fide research as defined in RCW 27 42.48.010 and does not include individually identifiable information. 28 (6) Any automated license plate reader system vendor must provide 29 technical controls preventing unauthorized data sharing, secondary 30 transfer, or access by nonauthorized agencies, including federal 31 civil immigration enforcement in accordance with this chapter. 32 (7) Automated license plate reader system vendors are prohibited 33 from selling, leasing, renting, or otherwise allowing access to 34 automated license plate reader data to any nonauthorized agency, 35 person, or entity. 36 (8) An automated license plate reader system vendor is prohibited 37 from making any changes to an automated license plate reader system, 38 including but not limited to software updates that may change sharing 39 permissions, without the knowledge or explicit consent of the p. 6 ESSB 6002.PL 1 authorized Washington agency. Automated license plate reader system 2 vendors must default any settings related to sharing to prevent any 3 sharing of an agency's data with any nonauthorized agency, person, or 4 entity. 5 NEW SECTION. Sec. 6. ADMISSIBILITY IN COURT, Any information 6 obtained from a knowing violation of section 3 of this act is 7 inadmissible in any civil or criminal case in all courts of general 8 or limited jurisdiction in this state, except with the permission of 9 the person whose rights have been violated in an action brought for 10 damages under section 10 of this act. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 34 35 36 NEW SECTION. Sec. 7. POLICIES, (1) By July 1, 2027, the attorney general shall develop and publish model policies on the use of automated license plate reader systems consistent with this act. (2) (a) By December 1, 2027, any agency that uses an automated license plate reader system pursuant to section 3(2) of this act shall: reader Adopt a policy governing use of the automated license plate system consistent with the model policies established under subsection (1) of this section and submit copies of the applicable policies policies to the attorney general; or, if the agency did not adopt consistent with the model policies, provide notice to the attorney general stating the reasons for any departures from the model policies and an explanation of how the agency's policies are consistent with the provisions of this act, and include a copy of the agency's relevant policies; and (ii) Submit an annual report on its automated license plate reader system practices and usage to the appropriate committees of the legislature. The report must also be conspicuously posted on the agency's public website. The report shall include: (A) The number of matches that resulted in traffic stops or arrests made with assistance from automated license plate reader systems, and the number of subsequent prosecutions; (B) The number of stolen vehicles and stolen license plates recovered due to use of the system; (C) The number of preservation requests and disclosure orders received; ESSB 6002.PL 1 (D) The number of times automated license plate reader data or 2 audit trail data was shared with or accessed by another governmental 3 entity and the identity of each of those governmental entities; 4 (E) The number of times automated license plate reader data was 5 shared or accessed pursuant to a judicial warrant; 6 (F) Any changes in policy that affect data collection, retention 7 period, access or sharing; 8 (G) Results from the agency's internal audit of its automated 9 license plate reader system; 10 (H) The total annual number of automated license plate reader 11 system reads, searches that yielded results, and alerts; and 12 (I) The locations of cameras used as part of automated license 13 plate reader systems. 14 (b) Prior to or coincident with implementation of an automated 15 license plate reader system, a local law enforcement agency shall 16 take measures to promote public awareness on the use of such system. 17 (3) After December 1, 2026, whenever an agency modifies or 18 repeals any policies pertaining to the use of automated license plate 19 reader systems, the agency shall submit notice of such action with 20 copies of any relevant policies to the attorney general within 60 21 days. 22 (4) By December 31, 2027, the attorney general shall publish on 23 its website a report on the requirements of this section, including 24 copies of the model policies. 25 (5) Agencies that adopt policies required by this section must 26 publish the policies on the agency website and submit a website link 27 for those published policies with the attorney general. The attorney 28 general is not required to publish those agency policies. 29 NEW SECTION. Sec. 8. AUDITS. (1) Each agency operating or 30 accessing an automated license plate reader system shall maintain 31 audit trail data documenting all access to the system. Audit trail 32 data must be retained for two years and must include, at a minimum: 33 (a) A record of each action in which automated license plate 34 reader data is accessed or searched, including: 35 (i) The identity or username of the person who accessed or 36 queried the system, and as applicable, the organization or entity 37 with whom the person is affiliated; 38 (ii) The date and time the automated license plate reader data or 39 the automated license plate reader system was accessed or searched; p. 8 ESSB 6002.PL 1 (iii) Data elements used to query the automated license plate 2 reader system; 3 (iv) Specific purpose for accessing or querying the automated 4 license plate reader system, including the offense type for any 5 criminal investigation; 6 (v) The associated call for service or case number; and 7 (vi) The location of the cameras that are part of the automated 8 license plate reader system accessed. 9 (b) All records of actions in which automated license plate 10 reader data is exported, downloaded, or shared; and 11 (c) Any audit trail data generated by or made available through a 12 third -party vendor providing automated license plate reader system 13 services. Each agency shall ensure that all such vendor audit trail 14 data is downloaded or otherwise obtained and retained by the agency 15 in accordance with this section. 16 (2) Data elements used to query the automated license plate 17 reader system and retained as audit trail data pursuant to subsection 18 (1)(a) of this section may be used solely for auditing purposes and 19 may not be searched, analyzed, compiled, or indexed for investigative 20 purposes. Data elements that contain unique identifiers must be 21 partially redacted in any public disclosure. 22 (3) Each agency shall conduct an internal audit at least once 23 each year to review: 24 (a) All access to and use of the automated license plate reader 25 system, as reflected in the audit trail data; and 26 (b) The agency's compliance with the data retention, purging, and 27 sharing requirements established under this chapter and agency 28 policy. 29 NEW SECTION. Sec. 9. VIOLATIONS —APPLICATION OF THE CONSUMER 30 PROTECTION ACT. (1) The legislature finds that the practices covered 31 by this chapter are matters vitally affecting the public interest for 32 the purpose of applying the consumer protection act, chapter 19.86 33 RCW. A violation of this chapter is not reasonable in relation to the. 34 development and preservation of business and is an unfair or 35 deceptive act in trade or commerce and an unfair method of 36 competition for the purpose of applying the consumer protection act, 37 chapter 19.86 RCW. p. 9 ESSB 6002.PL 1 (2) This section applies only to persons, as defined in RCW 2 19.86.010, who enter into contract with state and local government 3 agencies authorized to use automated license plate reader systems. 4 NEW SECTION. Sec. 10. CRIMINAL PENALTIES. Any person who 5 willfully and intentionally queries, accesses, or uses an automated 6 license plate reader system for a purpose not specifically authorized 7 under this chapter, or who willfully and intentionally retains, 8 sells, shares, permits access, or disseminates automated license 9 plate reader system data or audit trail data in violation of this 10 chapter, is guilty of a gross misdemeanor. 11 NEW SECTION. Sec. 11. CIVIL REMEDY. A person injured by a 12 violation of this chapter may bring a civil action to recover any 13 equitable, declaratory relief, or injunctive relief with respect to 14 the violation; and recover all other appropriate relief, including 15 monetary damages. The court may award to a person aggrieved by a 16 violation of this chapter who prevails in an action brought under 17 this section the costs of the action, including reasonable attorneys' 18 fees. 19 NEW SECTION. Sec. 12. SEVERABILITY CLAUSE. If any provision of 20 this act or its application to any person or circumstance is held 21 invalid, the remainder of the act or the application of the provision 22 to other persons or circumstances is not affected. 23 NEW SECTION. Sec. 13. Sections 1 through 11 of this act 24 constitute a new chapter in Title 10 RCW. 25 NEW SECTION. Sec. 14. This act is necessary for the immediate 26 preservation of the public peace, health, or safety, or support of 27 the state government and its existing public institutions, and takes 28 effect immediately. --- END - - p. 10 ESSB 6002.PL Flock Can Share Driver -Surveillance Data Even When Police Departments Opt Out, And Other Flock Developments The company's default agreement with police departments grants the company license to share people's license plate data Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy, and Technology Project October 24, 2025 There's been more news recently about the driver -surveillance company Flock. The company has recently been feeling the heat after the revelation that data from its national license plate scanner network was (and likely still is being) shared with Trump Administration agencies including ICE. Recently my colleagues at the ACLU of Massachusetts carried out a broad statewide open -records project, and among their findings is that Flock's default agreement with police departments gives the company the right to share data with federal and local agencies for "investigative purposes" even if a local department chooses to restrict data to its own officers. Every community in the nation that is home to Flock cameras should look at the user agreement between their police department (or other Flock customers) and the company, to see whether it contains a clause stating that the customer "hereby grants Flock" a "worldwide, perpetual, royalty -free free right and license" to "disclose the Agency Data... for investigative purposes." This is the language that will govern in a conununity unless a department demands changes to the standard user agreement that Flock offers. That is something we absolutely urge any agencies doing business with Flock to do — and, the ACLU of Massachusetts found, is exactly what the Boston police department did. Other takeaways from the Massachusetts ACLU's open -records requests to over 80 police departments across the state: • Sharing of video. A Flock training video that ACLU -MA obtained shows how police departments can not only share their data on the movements of drivers who live in their communities, but also live video as well. When choosing agencies to share data with, an agency can check off network permissions including a department's Video Management System (VMS), which stores video data. Keep in mind that "video" in this context means not just flat files but AI -enhanced intelligence; as Flock emphasizes in an ominous marketing message, its cameras provide "More Than. Recorded Video." (I've recently discussed. AI -enhanced cameras here and here.) Wide sharing. As in many other states, police in Massachusetts have been sharing data about the movements of state residents with Flock's network, allowing 7,000 agencies and organizations across the United States to access that data. That despite a state "Shield Law" that bars police from providing information or assistance to out-of-state police in relation to abortion. or gender -affirming care. Among Flock's law enforcement customers nationwide, fully 75% have enrolled in the "National Lookup Tool," the company told Oregon Senator Ron Wyden, who has been conducting oversight inquiries into the company. Some other Flock -related developments: Virginia documents reveal yet more sharing of driver -surveillance data with ICE Also on the data -sharing front, reporters in Virginia uncovered another police department that has been giving federal immigration authorities access to Flock driver -surveillance data. Despite assurances to the contrary from a number of police departments, thousands of outside law enforcement agencies searched Virginians' driving histories over 7 million times in a 12-month period, including 3,000 immigration -related searches, reporters at the Virginia Center for Investigative Journalism at WHRO- TV found. And one Virginia agency, the Warren County Sheriff's Office, performed more immigration searches than any other in the state — and confirmed that it did so because federal immigration agents asked them to. "We have an Intel analyst that works in our criminal investigations division, and she works closely with all federal partners," a department spokesperson confirmed. He said the sharing has since been ended. We don't know how many such "intelligence" analysts are continuing to cooperate with the Trump Administration across the country — but, there are enough such analysts that they have their own association and conference. Texas police lied through their teeth on abortion search In May, 404Media reported that a police department in Texas (where abortion is banned in most circumstances) did a warrantless nationwide Flock search through data on millions of people, logging as the reason "had an abortion, search for female." Alongside reporting about the sharing of driver - surveillance data with ICE, this story generated enormous concern and contributed to skepticism about Flock in many communities. The sheriff of the agency that performed the search told 404Media that the woman's family "was worried that she was going to bleed to death, and we were trying to find her to get her to a hospital," and that "it was about her safety." Our allies at the Electronic Frontier Foundation, however, used open -records laws to obtain documents about the search and found that the department had initiated a month -long "death investigation," had. consulted prosecutors about the possibility of charging the woman, and sent detectives to interview the woman and review her text messages. There was also zero mention or record of police or family concern over her health or safety. Flock had issued a wounded statement taking the Texas police officers at their word and decrying the way "misinformation" about the abortion search was being used to unfairly criticize the company. It makes sense that Flock didn't question the honesty of the Texas police here, because trust that law enforcement won't engage in abuse is an inherent premise of their entire business. Flock teams with Amazon's Ring Cameras in sharing of home video with police Flock and Ring Cameras (owned by Amazon) announced a partnership to facilitate the sharing of Ring customers' video with law enforcement. It's not great to see one of America's biggest companies teaming up with a mass -surveillance company at this authoritarian moment in our history. As Ass Technica aptly summarized it, the announcement shows Amazon "increasingly positioning its consumer cameras as a law enforcement tool" after previously moving away from that. In addition to reflecting the times, Amazon's deal also highlights the efforts of Flock and its competitor Axon (which already had a deal with Ring) to become police departments' centralized "operating system." Note also that Ring cameras have face recognition enabled. We recommend that anyone who feels they really want to install a doorbell camera protect their privacy by storing their video locally or using end -to -end encryption (both offered by Ring, though inexplicably Ring forces customers to pay extra not to use their cloud service). Both of those options also forestall participation in the police -sharing program. Flock pushing police "Drones as First Responder" programs into private sector Police "drones as first responder" (DFR) programs are being launched by an increasing number of police departments nationwide. Under these programs, if you dial911 the police send a drone to your house, and to other emergency call locations. And we've been concerned about these programs' implications and called for strict limits on them. Now Flock has begun to offer DFR programs to private businesses. This use of drones, which the company calls "Drones as. Automated Security" (DAS), raises the prospect of private corporate security drones flying around communities, threatening to become another step in the corporatization of American policing. I don't see a problem with the owner of a ranch or large industrial complex flying drones around their property, except for potentially issues around filming neighboring properties, as I recently discussed with regard to the related issue of private drone patrols. But the company is also marketing the service to businesses such as big box stores, where they are envisioned as helping store security chase shoplifters beyond the property limits into towns. Flock says the system can be tied to the company's other sensors such as license plate readers, which we know some big box stores are already rudely using on their unsuspecting customers. Store security workers don't generally engage in car chases with suspects, but here it sounds like they might be doing the equivalent with drones, bleeding private security into what should be official police functions. https://www.aclu.org/news/privacy-technology/floclt-massachusetts-and-updates DocuSi n Envelope ID: B18FOE12-D4EB-4F45-BA3E-376A039D703F FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and the customer identified below (`°Agency") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY AGREEMENT' attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order For is executed by both Parties the "Effective Date"). Agency: WA - Yakima P13 Legal Entity Name: Address: 200 South 3rd Street Yakima, Washington 98901 Expected Payment Method: Puc c A E. 0 C{.i . Term: 24 months al Term: 24 months Contact Name: Dustin Soptich Phone: 509.576.6341 E-Mail: dustin.soptich@yakimawa.gov yakimawa.gov Billing Contact i different than above) Billing Term: Annual payment due Net 30 per terms and conditions DocuSign Envelope ID: B1E3F0E12-D4EB-4F45-E3A3E-376A039D703F Raven Promo (Includes one - Special terms: Name e fees) Price $0.00 QTY Subtotal $0.00 Year 1 Total $0.00 Recurring Total: $0.00 • Agency will receive one (1) FREE square mile of Raven coverage for 12 months with the signing of a 2-year contract After FREE initial 12 months, Agency shall be billed standard pricing of S25,000 per square mile of Raven coverage per year. Agency shall have the option to terminate Raven subscription upon prior written notification to Flock at least thirty (30) days prior to the end of the first year Term. If Agency fails to notify Flock of Agency's intent to cancel subscription, Raven subscription shall auto -renew and Agency shall be billed the standard price of $25,000 per square mile of Raven coverage per year. OocuSign Envelope ID: B1BF0E12-04EB-4F45-BA3E378A039D703F I have reviewed and a the Oust rmer lstlplemeentatic Guide on Schedule B at the end of this agreement. By eatecsatlasg this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached, The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. [Ob ByName: Title: Date: l�,p *wise. 074S2621ee2B4e1._ Alex t_atraverse Agency: WA - Yakima PD By Name: (f (-he rr-150Y-} Chief Revenue Officer Title: C / V rl 2/4/2022 Irk Date: (("" CITY CONTRACT 1 RESOLUTION NO: po - 27 DocuSign Envelope ID: B18F0E12-04EB-4F45-BA3E-376A0390703F flock safety GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this "Agreement') is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or government agency identified in the signature block below ("Agency") (each a "Party," and together, the "Parties"). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock. Service creates images and recordings of suspect vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non -Agency End User ("Notifications"); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search. and archive Footage and receive Notifications, including those from non -Agency users of the Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock's records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering ("Purpose"). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1, DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. 1.1 "Agency Data" will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. 1.2. "Agency Hardware" shall mean the third -party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Age.ney Hardware" excludes the Embedded Software 1.3 "Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement, DocuSign Envelope ID: BIBFDEI2.0401-4F4543A3E-376A039D703F 1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5 "Embedded Software" will mean the software and/or firmware Hardware. or preinstalled on the Agency 1.6 "Flock IP" will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Servi 1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras or device, 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. The term "Hardware" excludes the Embedded Software. 1.9 "Implementation Fee(s)"means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 "Installation Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 "Services" or "Flock Services" means the provision„ via In automatic license plate detection, searching image records, and sharing Footage. ck's software application for 1.12 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below. 1.13 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software. 1.14 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services. 1.15 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non -transferable right to access the features and functions of the Services via the Web interface during the Service Docu5ign Envelope ID: B1BFOE12-D4EB-4F45-BA3E-376A0390703F Tenn (as defined in Section 6.1 below), solely for the Authorized End Users, The Footage will be available for Agency 's designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third parry to host the Web Interface which makes the Services available to Agency and Authorized End Users. WARRANTIES PROVIDED BY SAID THIRD PARTY SERVICE PROVIDERS ARE THE AGENCY'S SOLE AND EXCLUSIVE REMEDY AND FLOCK'S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH TH1RD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non -transferable right and license to use the Documentation during the Service Term to Agency 's in connection with its use of the Services as contemplated herein, and under Section 2.4 below. 2.4 Usage Restrictions. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decornpile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or at -tempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of DocuSIgn Envelope ID: BiBFOEI2-04E8-4F45-BA3E-376A038D703F the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency 's rights under Sections 2.1, 22, or 2.3. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any propose in Flock's sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency 's and any Authorized End User's access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the flock 111; (b) Agency '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 Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption of access to the flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency 's direct actions or by the actions of parties associated with the Agency , the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency 's account that have been impacted. 2.7 Installation Services. 2.7.1 Designated Locations For installation of flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock and Agency must mutually agree on the location (mounting site or pole), position and angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have no liability to Agency resulting from any poor performance, fimctionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in identifying the choices for the Docu a n Envelops lD: 1#tFQE12-L14EB-4F45-EA3E-376A439o703F Designated Locations, in ordering and/or having the Designated Location ready for installatton including having all electrical work preinstalled and permit ready, if necessary. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan ("Reinstalls") driven by Agency's request will incur a charge for Flock's then -current list price for Reinstalls, as listed in the then -current Reinstall Policy (available at https://www.flocksafety.comlreinstaIi-fee- schedule) and any equipment charges. These changes include but are not limited to camera re -positioning, adjusting of camera mounting, re -angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal, activity in view, and the like.. 2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation. work. The "Agency Installation Obligations" include. to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise. gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or (iii) any other supplementary cost for services perfonned in connection with installation of the Hardware, including but not lirnited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third -party personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles, etc., if necessary), such costs to be approved by the Agency. In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services, Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock's Obligations, Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work DoneSign Envelope tD:1318FOE12-D4EB-4F45-BA3E-376A039D703F shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality controL Agency can opt out of Flock's access to Footage after the initial installation which would waive Flock's responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other legal remedy or right. In the event of natural expiration of this Agreement, Flock shall remove Flock Hardware at no additional cost to Agency. 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In 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 immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing. 2.9 Support Services. Subject to the payment of fees, Frock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or fimctionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). Subject to the terms hereof'; Flock will provide Agency with reasonable technical and on -site support and maintenance services ("On - Site Services") in -person or by email at support(flocksafety.cont. Flock will use commercially reasonable efforts to respond to requests for support. If Agency chooses to self -install Hardware or install Hardware on a mobile location, Flock shall make reasonable commercial efforts to provide On -Site Services, if permissible. Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit malfunction due to installation on mobile locations (i.e. trailers). Agency shall be subject to Reinstall Fees for re -positioning Units on mobile locations, or subsequent installation on Flock or other stationary poles. DocuBign Envelope ID: B1BFOE12-04EB-IF45-BA3E-376A039D703F 2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become pan of this Agreement, upon Agency's consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock Safety's products or services to its Agency s, (b) the competitive strength of, or market for, Flock Safety's products or services, (c) such platform or system 's cost efficiency or performance, or (ii) to comply with applicable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any installation Services, 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. To the extent allowed by the governing law of the state mentioned in Section 10.6, or if no state is mentioned in Section 10.6, by the law of the State of Georgia, Agency hereby agrees to inderrmify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses. including without limitation costs and attorneys' fees, in connection with any claim or action that arises from an alleged violation of the foregoing, Agency 's installation obligations, or otherwise from Agency 's use of the Services, Hock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency 's use of the Services, Flockmay do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA DocuSign Envelope ID: BIBFOE12-D4EB-4F45-BASE-376A039D703F 4.1 Confidentiality. This provision is subject to any obligations under F©IA and state -specific Public Records Acts. Each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units ("Agency Data"). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency 's neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the 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 or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will trot be retrievable without a valid court order. 4.2 Agency Data. Agency and Non -Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non -Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty -free, worldwide license to use the Agency Data and Non- Agency End User Data and perform all acts with respect to the Agency Data and Non -Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support DocuSign Envelope ID: B1 EFOE12-D4EB-4F45-BA3E-376A039D703F Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty -fire, fully paid license to use, reproduce, modify and distribute the Agency Data and Non -Agency End User Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non -Agency End User Data. As between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized andior aggregated data based on Agency Data and Non -Agency End User Data input into the Services (the "Aggregated Data"). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during and after the Service Tenn hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data and Non -Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. 5. PAYMENT OF FEES 5.1a Wing Fees, For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form, together the "Initia( Fees") as set forth on the Order Forrn on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. DocuSign Envelope ID: B1BF0E12O4Et F4E-378ACt38D7E 3F 5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial. Fees, and Agency shall pay on or before 301' day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30t day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income. 6.1a. Wing Term. Subject to earlier te. 6. TERM AND TERMINATION vided below, the is Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon executionof this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set,Jorth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement DocuSign Envelope ID: BiBFOE12-©4EB-4F45-6A3E-376AQ39D7o3F will automatic allga renew for successive renewal terms for the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non -renewal at !east thirty (30) days prior to the end of the then -current term. 6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self -elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Falcon Camera (Flock Hardware). Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency wilt remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination. 6.3 Termination. In the event of any material breach of this Agreement, the non -breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the pre- paid Fees for Services not received due to such termination. 6.5 No -Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to `hot- list' alerts, which may include "hot tags', stolen vehicles, Amber Alerts, etc. ("No -Fee Term"). In the event a Non - Agency End User grants Agency access to Footage and/or Notifications from a Non -Agency End User Unit, Agency will have access to Non -Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non -Agency End Users and Flock may, in their sole discretion, leave access open. The No -Fee Term will survive the Term of this Agreement. Flock, in its sale discretion, can determine not to provide additional No -Fee Terms or can impose a price per No -Fee Term upon thirty (30) days' notice. Agency may terminate any No - Fee Term or access to future No -Fee Terms upon thirty (30) days' notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any acerued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7, I Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect'), Agency must first make commercially reasonable efforts to address the problem by contacting Flock's technical support as DocuSign Envelope ID; B1BFOE12-04EB-4F4S-BA3E-376A03B0703F described in Section 2.9 above, If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy- two (72) hours after Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then -current Reinstall Policy (https://www.flocksafety.corn/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently Iost, damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Agency Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Flock Hardware, Agency Hardware or Embedded Software in any manner, including operation of the Flock Hardware, Agency Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock or the Agency Hardware manufacturer; (b) damage, alteration, or modification of the Agency Hardware, Flock Hardware or Embedded Software in any way which would cause Agency Hardware, Flock Hardware or Embedded Software to malfunction; or (c) combination of the Agency Hardware or Embedded Software with software, Agency Hardware or other technology that was not expressly authorized by Flock. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY 'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY 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, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE DocuSign Envelope ID: BleF0E12-04EB-4F45-BA3E-376A039D703F EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 7.5 Insurance. 7.5 Automobile Liability Insurance. Before this Contract is fully executed by the parties, Flock shall provide Agency with a certificate of insurance, or copy of the policy declarations page, as proof of automobile liability insurance with a minimum liability limit of S1,000,000.00 per occurrence combined single limit bodily injury and property damage. If Flock carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements. The certificate or declaration page shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. General Liability Insurance. Before this Contract is fully executed by the parties, Flock shall provide the Agency with a certificate of insurance as evidence of General Liability Insurance with coverage of at least S1,000,000.00 per occurrence and an annual aggregate limit of at least S1,000,000.00. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide, If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Contract. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three years following the termination of this Contract. 7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts (Whackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), DocuS gn Envelope ID: B1 BFOE12-D4EB-4F'45-BASE-376A039D7©3F OFFICERS, .AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 8.2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, Except for Flock's willful acts, Agency agrees to pay for Flock's attorneys' fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No -Fee Term. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers. 8.4 Indemnity. Agency hereby agrees to indenlnify acid hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency's Installation DaceSign Envelope ID: 81 EFOE12-D4EB-4F45-BA3E-376A039D703F Obligations, Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non Agency End Users, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. Flock agrees to protect, defend, indemnify, and hold harrnless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements), resulting from negligent acts and/or omissions or willful misconduct of the Flock or its agents arising out of the performance of this Contract. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data and Non -Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency's consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non -Agency End User Data, Agency agrees to preserve and securely store this data on Flock's behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS II/ 1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by either party with the prior written consent of the other party, which shall not be unreasonably withheld, 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then -current Reinstall Policy (https://www.flocksafety.corn/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of DocuSign Envelope ID: B1E1F0E12-04EB-4F45-BA3E-378A039D703F Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms aie expressly rejected. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 10.6 Governing Law; Venue.. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal and state courts sitting in the State of Washington will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement or the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by arbitration in Yakima County by a sole arbitrator pursuant to the rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein. 10.7 Publicity. a. Trademarks; Outreach Materials. Any educational, marketing, outreach or online materials created or provided by Flock related to the Project, including templates, (collectively, "Outreach Materials"), may display the name and logo of the City of Yakima. Each use shall be approved prior to dissemination by Flock. Each Party retains ownership of its respective trademarks, logos and other identifying information, with the goodwill from any use inuring to the owner's benefit. Except for the City of Yakima trademarks, service marks, logos, and other identifying information contained in Outreach Materials, Flock will own the Outreach Materials, b. Required phrasing on Outreach Materials. All Outreach Materials that include the City logo or identifying information must contain the following statement Docu5ign Envelope ID:131BFOE12-04EB-4F45-8A3E-376A0391)703F "The City of Yakima does not endorse the services offered herein, and is not partnered or otherwise involved with the services Flock advertises herein or would provide to you as part of its program. Any questions, comments or concerns should be addressed through Flock. The City of Yakima is not advocating or suggesting that you purchase any product, program or service through Flock." c. Revocation of Permission to Use Logo. The City shall have the right to revoke permission to use the City logo at any time. The City shall provide notice, in writing, to Flock that the right to use the City logo has been revoked and the effective date of revocation (revocation can be effectively immediately). Flock shall immediately cease and desist distribution of all materials containing the City's logo on the effective date of the revocation, and shall destroy all copies of Outreach Materials still in their possession that contain the City logo. 10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Servives, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.10 Counterparts. This Agreement ay be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.11 Authority. Each ofthe below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Flock's Aggressive Expansions Go Far Beyond Simple Driver Surveillance Build it (an authoritarian tracking infrastructure) and they (expanded uses) will come Jay Stanley, Senior Policy Analyst, August 18, 2025 The cloud Automatic License Plate Reader (ALPR or LPR) company Flock is building a dangerous nationwide mass -surveillance infrastructure, as we have been pointing out for several years now. The problem with mass surveillance is that it always expands beyond the uses for which it is initially justified — and sure enough, Flock's system is undergoing insidious expansion across multiple dimensions. If your community adopts this technology, you need to know it's doing more than just recording what car is driving where and at what time. It's worth stepping back and looking at an overview of what's going on. The company's surveillance data is being used by ICE. First, as has received wide attention, this system is being used by ICE to help carry out the Trump Administration's abusive removal program. Flock sells their cloud -connected cameras to police departments and private customers across the nation, pulls the license plate readings they collect into their own servers, and allows police to do nationwide searches of the resulting database, giving even the smallest -town police chief access to an enormously powerful driver -surveillance tool. The tech news outlet 404Media obtained records of nationwide searches which include a field in which officers list the purpose of their search. These records revealed that many of the searches were carried out by local officers on behalf of ICE for immigration purposes, including its notorious Enforcement and Removal Operations division. Emails from police departments in Oregon also shed light on how local police are providing informal assistance to ICE. It's safe to say that even many who support the use of ALPR programs by their local police to catch local criminals do not support funneling the data that is collected to the Trump Administration and those carrying out its abusive and often unlawful immigration program. A search for a recipient of an illegal abortion The sarne kinds of police department logs that revealed ICE's access to Flock's dragnet also revealed that a police officer in Texas used the system to search nationwide for a woman who'd had a self- administered abortion — illegal in the state. An abortion rights group told 404Media that, based on calls to their hotline, already "there is an overwhelming fear" among women that they're "being watched and tracked by the state" — and such reports are hardly going to help. This mass surveillance tool is creating fear among those targeted by immigration, anti -abortion, and other regressive actions, but eventually everyone will become aware that their movements are being tracked. That's no way to live in a democratic society. Plugging in to data brokers Meanwhile, as police around the nation expand their uses of this surveillance machinery, Flock is expanding the power of the system itself. For example, the company is planning to plug its systems into commercial data brokers that offer services such as "people lookup." Flock has long claimed that their LPRs don't collect personally identifiable information, as if license plates can't easily be connected to specific people. That claim was always bogus, but with their new product they make that falsity explicit, boasting that the new product will let police "jump from LPR to person." In the 1970s, after some government agencies were found to be building dossiers on people who aren't suspected of involvement in crime like the East German Stasi, Congress enacted the Privacy Act banning agencies from such recordkeeping. Yet the ethically shady and frequently inaccurate data broker industry does basically the same thing, and when law enforcement becomes a customer of those data brokers, it represents an end -run around the law. By tying its LPR data together with data brokers, Flock is effectively automating and scaling the end run around our checks and balances that law enforcement data broker purchases represent. (A proposal called the Fourth Amendment is Not For Sale Act that would ban this was passed by the U.S. House in 2024, but got blocked in the Senate.) From still to video, and with Al In another major expansion, Flock is turning its plate readers into surveillance cameras. The company has announced that police departments will soon be able to obtain not just still photos from ALPR cameras, but also video, with the ability to request live feeds or 15-second clips of cars passing by the cameras. And Flock is using AI to let law enforcement search through that data using natural language searches. The company uses the example of searching for "landscaping trailer with a ladder," but we have to assume searches could encompass descriptions of anything captured by one of their cameras, including vehicle occupants and bystanders. We recently wrote about how generative AI is turbo -charging video search and surveillance, and this is an example of the trend. Imagine that a police officer stood on your street writing detailed notes about you every time you drove or walked by them. All the details about what your car looks like (make, model, color, distinguishing characteristics, bumper stickers, etc.), as well as details about visible occupants and pedestrians — how many, at what time, their activities, demographic data, what they are wearing, attributes they may have such as a beard, hat, tattoo, or t-shirt, and what that hat, t-shirt, or tattoo might say. Now imagine that there is an army of police officers doing this on every block. This is the surveillance world that Flock is building. Creating an infrastructure for corporate blacklisting and surveillance In June, Flock also announced the launch of a "Flock Business Network," a "collaborative hub designed to help private sector organizations work together to solve and prevent crime." This will sound ominous to anyone familiar with the very long history of private companies and government agencies working together to create watch lists, blacklists, and databases about people in the United States. In the heyday of the labor movement (and perhaps today), organizers were commonly put on blacklists as "troublemakers," and could have trouble getting a job as their name was shared among employers. During the civil rights, antiwar, and other social justice movements of the 20th century, there were a number of private databases created by shady collections of right-wing vigilantes and super -patriots who took it upon themselves to compile dossiers on activists they disagreed with. These private databases, such as the San Diego Research Library and the Western Goals Foundation, were shared with police and government security agencies and took on quasi -official roles in the efforts of police "intelligence" arms to combat those progressive movements, while remaining outside the normal checks and balances of government. Today, face recognition technology threatens to make these lists easier than ever to create and administer — and so does license plate surveillance. In its announcement, Flock boasted that its service would allow companies to "add vehicles to Flock Hotlists... so any user subscribed to that Hotlist is alerted the next time that vehicle is detected by a Flock LPR," giving the private sector "the power of a shared network to identify threats." Elsewhere Flock says, "By sharing insights and intelligence, companies can identify patterns, suspects, and criminal networks that might not be apparent to a single security team." Investigating criminals should be the job of law enforcement, not big companies that have strong incentives to use these infrastructures against labor activists, disfavored customers, and others — to use them not for crime, but to protect the bottom line. Generating suspicion Finally, as I recently wrote about, Flock has also introduced AI analytics products that shift the company from providing tools for officials to use in investigating suspicion to generating suspicion. Because the company funnels plate reads from customers across the nation into its own centralized database, it is able to run analytics on that dataset. One such analysis service that it has begun selling is an attempt to identity "large-scale criminal activities" by scanning the movement patterns of all vehides contained in their dataset to try to identify and alert law enforcement to those that their algorithm decides are "suspect." Overall, this explosion of new uses is what happens when you build an authoritarian tracking infrastructure — it expands in more and more ways. State legislatures and local governments around the nation need to enact strong, meaningful protections of our privacy and way of life against this kind of AI surveillance machinery. https://www.aclu.org/news/privacy-technology/flock-roundup