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Home My WebLink About25-56 Neighbors Point Property Owners' Association Placement of Flock Safety Camera Agreement 05-14-2025RESOLUTION NO. 25-56 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND NEIGHBORS POINT COMMUNITY ASSOCIATION, INC. RELATING TO THE PLACEMENT OF A FLOCK SAFETY CAMERA WHEREAS, on May 14, 2025, the Board of Trustees adopted Resolution No. 25-56, approving an, Order Form with Flock Safety ("Flock") for five (5) LPR cameras to be installed at various locations throughout the Town of Firestone ("Town"); and "WHEREAS, Neighbors Point Community Association, Inc. ("HOA") desires to install Flock cameras at the entry way to the HOA; and WHEREAS, the Town is willing to partner with the HOA and supply it with one of the Flock cameras to be provided to the Town pursuant to the Order Form, subject to the HOA's payment of one-half of the annual service fee assessed by Flock along with other terms and conditions, all as set forth in a site agreement attached hereto as Exhibit A; and WHEREAS, the Board of Trustees finds that entering into the site agreement with the HOA is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Flock Safety Camera Site Agreement between the Town of Firestone and Neighbors Point Community Association, Inc is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the agreement on behalf of the Town. PASSED AND ADOPTED this 14 day of May, 2025. EXHIBIT A [Flock Camera Site Agreement] : ■ i , i, i r A i ., i i .ii i0 0A' i . r :•� i o 1 e ! WHEREAS Flock Safety provides cameras which proactively deter and solve crime through the use of a license plate reader which operates 24/7 and provides evidence to law enforcement agencies to assist in solving and the prevention of crime; and WHEREAS, the Town has a contract with Flock Safety and has located cameras throughout the Town; and WHEREAS, HOA desires to have a Flock camera installed at the entry way to the HOA; and WHEREAS, the Town with the permission of Flock Safety desires to provide the HOA a camera for such location subject to the terms and conditions set forth in this Agreement. Site Location. HOA grants permission to the Town to have Flock Safety install and operate one camera at the entry way to the HOA at a location selected by Flock and the Town the cost for which shall be borne by the Town, Annual Fee and Maintenance, The Town and the HOA shall each pay one-half of the annual service fee of $3OOO assessed by Flock Safety and the Town and the HOA shall equally split the Camera Relocations, Equipment Replacements and Flock Safety Falcon Flex Replacements costs as set forth in Flock Safety's Reinstall Fee Schedule at littv)s:,, wv,,,fi k fetv,co .= cir tall t i i i Ownership of the Premises. The Town does not have or claim and shall not at any future time have or claim, any ownership interest in the real property upon which the camera is located, by virtue of this Agreement or any occupancy or use of the premises except as set forth in this Agreement. Fhh''- 1 Notices. All notices, demands or other writings which this Agreement requires to be delivered, or which may be delivered by either party hereto to the other party shall be deemed to have been fully delivered, when made in writing personally served or deposited in the United States mail, postage prepaid and delivered to the addresses listed above. Facsimile transmissions & electronic mail with proof of receipt are also means of delivering these communications. Any change of address must be given in writing to either party. Indemnification. HOA shall indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the HOA , any subcontractor of HOA, or any officer, employee, representative, or agent of the HOA, or which arise out of a worker's compensation claim of any employee of the HOA or of any employee of any subcontractor of the HOA. Insurance. HOA agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the HOA pursuant ₹o this Agreement. At a minimum, HOA shall procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests' provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 2. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. HOA shall be solely responsible for any deductible losses under any policy. HOA shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. Removal of Camera. No later than sixty (60) calendar days after the termination of this Agreement, by expiration or otherwise, the Town shall, at its sole expense, dismantle and remove the camera and all associated fixtures from the premises, repair any damage to the premises resulting from the use of the camera, and return the premises to the HOA in good, usable condition, normal wear and tear and casualty excepted. No Multi Year Fiscal Obligation. Nothing herein shall constitute a multi -year fiscal obligation pursuant to the Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town's obligations under this Agreement are subject to the annual appropriation of funds by the Board of Trustees of the Town of Firestone. Any failure of a Town Board to annually appropriate adequate monies to fund the Town's obligations under this Agreement shall terminate this Agreement as such then existing appropriations are to be depleted. Notice o₹ any event of non -appropriation shall be promptly provided to the HOA. Relationship Between Parties. Nothing herein contained shall be deemed or constructed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture between the parties hereto, it being understood and agreed that neither the provisions hereof nor any acts of the parties shall be deemed to create any relationship between the parties hereto other than the relationship set forth in this Agreement. Severability if any section, subsection, or provision of this Agreement or the application thereof shall be held to be invalid and unenforceable for any reason, each remaining section, subsection, term or provision of this Agreement shall be valid or enforceable to the fullest extent permitted by law. Colorado Law: This Agreement is governed by the law of the State of Colorado and venue for any litigation shall be the District Court for Weld County. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either party shall not constitute a waiver of any of the other terms and obligations of this Agreement. 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. C eighhors,Point.CommunityAssociation, ":'.Pfesiderit , . '; i ATTEST: Miri ados Luna, Town Clerk APPROVE S TO FORM: arshali Keith Ma in, Town Attorney I 4