HomeMy WebLinkAboutContract 55013-A4CSC No. 55013-A4
AMENDMENT NO.4
TO
CITY OF FORT WORTH CONTRACT 55013
This Fourth Amendment is entered into by and between the City of Fort Worth
(hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas
Street, Fort Worth, Texas, and Flock Group, Inc. ("Vendor"), Buyer and Vendor may be referred
to individually as a Party and collectively as the Parties.
WHEREAS, on December 9, 2020, the Parties entered into City Secretary Contract
55013 to provide automated license plate reader cameras ("LPR") and the associated software as
a service for the functionality of the LPR's ("Agreement/Contract");
WHEREAS, the Parties wish to amend the Agreement to increase the total authorization
by $100,000.00 for additional purchases.
NOW, THEREFORE, the Parties, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
The Agreement is hereby amended to increase the annual authorization as follows:
For the third renewal term, December 9, 2023 to December 8, 2024, the annual spend is
increased to an amount not to exceed $275,025.25. For any remaining renewals that are exercised
by the parties, the annual spend is increase to an amount not to exceed $631,000.00.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
3.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument. A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to Fort Worth City Secretary Contract No. 55013 Page 1 of 2
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: Mark McDaniel (Apr 1, 202410:32 CDT)
Name: Mark McDaniel
Title: Deputy City Manager
Date: Apr 1, 2024
APPROVAL RECOMMENDED:
By:
Name: Kevin Gunn
Title: Director, IT Solutions Department
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Flock Group, Inc.
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By: Mark Smith (Mar 28,202413:55 PDT)
Name: Mark Smith
Title: Secretary
Date: M a r 28, 2024
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CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Steven Vandever(Mar 29, 202408:07 CDT)
Name: Steven Vandever
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0995
Approved: 11/28/23
1295:2023-1082470
ATTEST:
By: Mi Molina(Mar28,202417:38 EDT)
Name: Michael Molina
Title: Vice President Legal Affairs
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to Fort Worth City Secretary Contract No. 55013 Page 2 of 2
M&C Review Page 1 of 4
Official site of the City of Fort Worth, Texas
ACITY COUNCIL AGEND Fo` H
Create New From This M&C
REFERENCE **M&C 23- 04FLOCK GROUP
DATE: 11/28/2023 NO.: 0995 LOG NAME: AMENDMENT AND RAVEN
SOFTWARE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Amendment to City Secretary Contract No. 55013 with Flock Group, Inc.
to Clarify the Number of Devices in Use, the Associated License Terms and Pricing for
Each Device, Ensure Compliance with the City's Encroachment Ordinance, and Clarify
the Total Spend Authorized by Council; Authorize a Separate, Sole Source, Agreement
with Flock Group, Inc. for its Raven Audio Detection System in the Amount of $70,000.00
for a Two -Year Term with Renewals; Waive the Associated Development Fees for
Installation, and Find a Public Purpose and Adequate Controls Exist
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an amendment to City Secretary Contract No. 55013 with Flock Group, Inc. to
clarify the number of license plate reader cameras that are in circulation and use by the City;
to clarify the associated license terms and pricing for each device that is connected to the
Flock software; to ensure compliance with the City's encroachment ordinance, and to clarify
the total spend authorized by Council;
2. Authorize a separate, sole source, agreement with Flock Group, Inc. for the use of the Raven
gunshot detection array and system in the amount of $35,000.00 annually, and up to
$70,000.00 for the initial two-year term, after the City receives appropriate credits; and
3. Authorize to waive the associated development fees for installation of the license plate
reader cameras and Raven audio detection devices in the City's right of way, and find that a
public purpose and that adequate controls exist for the waiver of the development fees.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to clarify steps taken related to City
Secretary Contract (CSC) No. 55013 with Flock Group, Inc. (Flock) and clarify the number of Flock
devices in use and their associated fees. Further, the purpose of this M&C is to provide the City
Council with information related to the Raven gunshot detection system and request authorization for
a separate sole source Agreement with Flock. Finally, this M&C is necessary to authorize the
execution of a Right -of -Way Use Agreement and to ensure the City, and Flock, comply with the City's
encroachment ordinance when installing cameras and audio devices in the City's right of way, to
waive the development fees associated with that installation, and to find that a public purpose and
adequate controls exist.
Background
In 2020, the Purchasing Division, with the Information and Technology Solutions Department (ITS),
held a formal Request for Proposal (RFP) No. 20-0128 for automated license plate reader cameras.
The RFP was for infrastructure free stationary cameras that could read license plates under specified
conditions. A team made up of members from the Fort Worth Police Department (FWPD) and ITS
reviewed the responses to the RFP and Flock was the vendor awarded the contract.
On November 17, 2020, through M&C 20-0842, the City Council authorized an agreement with Flock
in an amount up to $500,000.00 annually to purchase automated license plate camera readers for ITS
on behalf of FWPD, with an initial term of one year and nine annual renewal options. The total cost of
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$500,000.00 included initial one-time fees for the purchase of at least 48 cameras and 3 years of
service for the annual subscription related to the Flock software that enables the cameras to detect
and read license plates. On December 9, 2020, the City executed CSC No. 55013 (Agreement) and
leased 48 cameras for a usage fee of $96,000.00 and a one-time installation fee of $12,000.00. The
cameras were installed primarily on existing City infrastructure but a small number were installed on
Flock owned poles in the City's right-of-way.
On August 17, 2021, through M&C 21-0567, the City Council authorized an amendment to the
Agreement to increase the total compensation amount by $125,000.00 for a new annual amount of
$625,000.00 for the purchase of additional automated license plate reader cameras for use by the City
of Fort Worth Code Compliance Department related to litter detection. Thereafter, on October 4, 2021,
the City executed Amendment No. 1 to CSC No. 55013 to increase the total compensation in
accordance with the council authority. The Agreement was amended a second time on June 24, 2022
to revise the pricing schedule and renew the Agreement for an additional one-year term from
December 9, 2021 to December 8, 2022. The Agreement is currently in its second renewal term and
set to expire December 8, 2023, unless renewed for a third renewal term by the mutual agreement of
the parties.
In May of 2023, while installing a camera, Flock contractors nearly contacted a water line while
digging in the City's right-of-way to install a pole to hold a Flock camera. This incident led to the
discovery that: (1) the Agreement does not accurately reflect the number of cameras in use or fees
charged to the City; and (2) the use of the City's right-of-way for installation has not followed the
requirements of the City's encroachment ordinance. Further, it was discovered that the majority of the
funds authorized by council in the previous M&Cs have not been used to purchase cameras, but,
instead, are being used for the associated software license fees with Flock. The majority of the
cameras in use today are City -owned cameras built by the FWPD, after the FWPD acquired the parts
through existing contracts, and incorporated into the Flock system. This cheaper approach has
allowed the FWPD to employ additional cameras within the Flock system under the existing council
authority. However, the contract did not clearly reflect the actual implementation described above.
CAMERAS AND FLOCK -OS IN USE
It is recommended that the Agreement be amended to clarify that the City is currently leasing 117
Flock Safety Falcon LPR cameras and has incorporated 141 City -owned cameras into the Flock
system using its Flock Safety Wing, LPR software integration. The total fees paid to Flock for the use
of the above cameras is $504,000.00 annually.
In addition, the City is paying Flock $12,000.00 annually for 20 of its Flock Safety Wing Livestream
feature which connects every integrated livestream camera in the community alongside the Flock
Safety Hot List alerts in a single view. The Flock Safety Wing Livestream is an integration component
attached to a third party camera network through its internet connection that exports the camera
feeds to Flock so it may be shared with FWPD. The City uses this feature to incorporate cameras
obtained by private third -party entities into the Flock system, with permission and as requested, so
that the footage may be used by FWPD. The City is also paying Flock $15,000.00 annually for its
Wing System Connect, now called FlockOS, which is Flock's subscription service that includes,
among other things, its Environmental Systems Research Institute (ESRI) Based map interface, video
management system, integration with Flock hardware, real-time alerts, unlimited users and
connections, and the automated license plate reader search tool with vehicle fingerprint analytics.
The total annual spend for all cameras currently in use (leased and City -owned), the Flock Safety
Wing Livestream feature, and FlockOS is $531,000.00. These cameras and features were added at
different times since the Agreement was executed in 2020; which created overlapping license terms
for FlockOS depending on when a particular camera was integrated into the Flock system. The
associated license terms are tracked internally by Flock and were not described in the Agreement.
Accordingly, in addition to detailing the information above, the amendment authorized by this M&C
will clearly co -term all FlockOS device license terms with the term of the Agreement. Some of the
associated license terms were pre -paid by the City to cover more than one year's term. Therefore, by
co -terming every device, the annual spend for the next term of the Agreement will receive a credit, as
further detailed below.
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CITY RIGHT-OF-WAY
The majority of cameras in use are installed on City -owned infrastructure. However, three of the
cameras leased from Flock are installed on Flock owned poles installed in the City's right of way. In
addition, moving forward, integration of additional cameras may require the installation of additional
Flock -owned poles in the City right-of-way. Ordinarily, when a Vendor encroaches in the City's right-of-
way, the City requires compliance with the City's encroachment ordinance, Ordinance No. 24514-11-
2020 (Ordinance). The Ordinance requires, among other things, the City's consent to the
encroachment, the payment of certain development fees, permitting, execution of a Right -of -Way use
agreement, and the appropriate coordination with City departments to ensure utilities are located and
avoided. The amendment authorized by this M&C will include an executed Right -of -Way Use
Agreement (Right -of -Way Agreement) as an additional exhibit to the Agreement. The Right -of -Way
Use Agreement will grant Flock a non-exclusive license to use certain portions of the City's right-of-
way in order to erect, construct, install, operate, maintain, repair, and replace Flock -owned equipment,
subject to certain terms and conditions detailed in the Right -of -Way Use Agreement. Pursuant to the
Right -of -Way Use Agreement, Flock will be permitted to install equipment in the City's right-of-way but
must coordinate with the City and comply with the Ordinance.
It is recommended that all permitting fees for the encroachment onto the City's right-of-way be waived
to further the public purpose of improving public safety through crime detection, prevention, and
enforcement support. It is also recommended that the City Council determine that there are adequate
controls in place in the form of the Agreement and the Right -of -Way Use Agreement.
FLOCK SAFETY RAVEN SYSTEM
Flock also offers the use of its Flock Safety Raven audio detection system (Raven). The Raven is an
audio detection system implemented in 1-square mile coverage areas to detect gunshots using
FlockOS. The Raven works by placing audio devices in a 1-square mile array and incorporating the
devices into FlockOS to detect gunshots within the array. Accordingly, the system is purchased in
1-square mile array packages. If a gunshot is detected within the coverage area, FlockOS will alert the
City to facilitate a rapid response so that FWPD may further investigate the source of the detected
sound. In 2022, the City of North Richland Hills (NRH) was the recipient of grant funds from the Texas
Anti -Gang Center (TAG) through the Office of the Governor's Homeland Security Grants Division
(HSGD) FY2023 North Texas Anti -Gang Center Program Grant #2848908. NRH, as the recipient of
the grant funding, used the funds to purchase 4-square miles of the Raven system at a discounted
rate of $25,000.00 annually per square mile array, for a two-year term. Thereafter, pursuant to an
asset transfer addendum and interlocal agreement as authorized by M&C 23-0045, NRH transferred
to the City the two-year term of the 4 square mile array, which is valued at $200,000.00. Therefore, the
City has an outstanding credit of $200,000.00 for its initial use of the Raven system. Afterward, to
continue using the 4-square mile array transferred to the City, the City will pay Flock its standard rate
of $35,000.00 per square mile, or $175,000.00 annually for the full 4 square mile system transferred
from NRH.
Therefore, it is recommended that the City Council authorize a separate, sole source, agreement
(Raven Agreement) with Flock for the use of the Raven for an initial two-year term and authorize
unlimited renewals. With the Raven Agreement, the City will make use of the $200,000.00 credit for
the Raven system transferred to the City from NRH by implementing 4-square miles of the Raven
system at no cost to the City for the initial two-year term. Additionally, the City will purchase an
additional 1-square mile of the Raven System at the annual cost of $35,000.00, or $70,000.00 for the
initial two-year term. If the Raven Agreement is renewed for a third year, to maintain the full 5-square
mile coverage area, the annual spend will be $175,000.00. Any additional coverage or use of the
Raven System will include an additional $35,000.00 annual price point per square mile.
ANNUAL COSTS
Beginning with the third renewal term of the Agreement from December 9, 2023 through December 8,
2024, the annual spend for CSC No. 55013 will be: $175,025.25 for the third renewal term due to
credit offsets from co -terming prepaid device license terms; and then $531,000.00 recurring annually
for each successive renewal term.
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For the Raven Agreement, the initial term will co -term with CSC No. 55013 and begin December 9,
2023 and expire December 8, 2024. The City will receive a credit of $200,000.00 over the first two
years due to the asset transfer from NRH. As a result, the City will pay Flock $70,000.00 for the initial
two-year term of the Raven Agreement for the additional 1-square mile. For the first renewal term, or
third year of the Raven Agreement, the credit from the NRH transfer will expire, so the annual spend
will increase to $175,000.00 to maintain the 5-square mile coverage array of the Raven System.
Funding is budgeted in the Other Contractual Services account of the CCPD Citywide Camera
Program Department's Crime Control & Prev Distr Fund.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in
the current operating budget, as previously appropriated, in the Crime Control & Prev Distr Fund.
Prior to an expenditure being incurred, the Police and Information Technology Solutions
Departments have the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID . Year I (Chartfield 2)
Submitted for Citv Manager's Office bv: Valerie Washington (6192)
Oriainatina Department Head: Kevin Gunn (2015)
Additional Information Contact: Mark DeBoer (8598)
ATTACHMENTS
04FLOCK GROUP AMENDMENT AND RAVEN SOFTWARE.docx (CFW Internal)
FID Table FLOCK.XLSX (CFW Internal)
Form 1295 Certificate 101117061-1.Ddf (CFW Internal)
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