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2022 25 RESOLUTION
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2022 25 RESOLUTION
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Last modified
3/8/2023 8:29:47 AM
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3/7/2023 11:38:45 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2022 25
Date
5/16/2022
Year
2022
Title
AUTOMATED LICENSE PLATE READERS FLOCK GROUP INC,
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flock safety <br />Co provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of <br />Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable <br />Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, <br />utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this <br />Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, <br />to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email <br />address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. <br />Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably <br />possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, <br />liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized <br />End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by <br />Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be <br />tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the <br />proportion of cameras on the Agency 's account that have been impacted. <br />2.7 Installation Services. <br />2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical <br />installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license <br />plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, <br />position and angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall <br />have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor <br />performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in <br />installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated <br />Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The <br />deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment <br />plan ("Reinstalls") will incur a charge for Flock's then -current list price for Reinstalls, as listed in the then -current <br />Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These <br />changes include but are not limited to camera re -positioning, adjusting of camera mounting, re -angling, removing <br />foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to <br />vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on <br />decision to reinstall Flock Hardware. <br />2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in <br />and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the <br />
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