HomeMy WebLinkAbout25-55 St. Vrain Ranch Property Owners' Association Placement of Flock Safety Camera Agreement 05-14-2025RESOLUTION NO. 25-55
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND THE ST. VRAIN RANCH PROPERTY
OWNERS' ASSOCIATION RELATING TO THE PLACEMENT OF A
FLOCK SAFETY CAMERA
WHEREAS, on May 14, 2025, the Board of Trustees adopted Resolution No. 25-55,
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, the St. Vrain Ranch Property Owners' Association ("HOA") desires to install
a Flock camera 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 the St. Vrain
Ranch Property Owners' Association 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 14th day of May, 2025.
EXfBIT A
[FIock Camera Site Agreement]
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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, 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 HOB,.. at a location selected by Flock and the Town the cost for which
shall be borne by the Town.
Assignment and Subleasing. HOA shall not assign or transfer this Agreement, or any interest
herein, without the prior written consent o₹ Town.
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 o₹ 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 o₹ insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by the HOA
pursuant to this Agreement. At a minimum, HOA shall procure and maintain, the insurance
coverages listed below, with forms and insurers acceptable to the Town.
I. 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 o₹ 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.
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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 of 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 o€ 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.
IN WITNESS WHEREOF, the Parries have executed this Agreement as of the Effective Date.
HOA
HOA President
St. Vrain Ranch Property Owners Association
ATTEST:
Mir os Luna, Town Clerk
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APP AS TO FORM:
Marshall Keith Martin, Town Attorney