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HomeMy WebLinkAboutR26-173 RESOLUTION NO. R26-173 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE NOTICE OF 3 NON-RENEWAL TO FLOCK GROUP, INC. FOR THE ORDER FORM FOR 4 FLOCK OS ELITE AND FLOCK SAFETY WING VMS APPROVED BY 5 RESOLUTION NO. R24-122; AUTHORIZING THE CITY MANAGER TO 6 EXECUTE THE NOTICE OF NON-RENEWAL; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, the City of Boynton Beach (the "City") and Flock Group, Inc. ("Vendor")entered 10 into a Master Services Agreement dated July 20, 2023, approved by Resolution No. R23-115 (the 11 "Master Services Agreement"); and 12 WHEREAS, pursuant to the Master Services Agreement, the City and Vendor entered into 13 that certain Statement of Work and Order Form for the implementation of Flock OS Elite and Flock 14 Safety Wing VMS for the Police Department, approved by Resolution No. R24-122, for an amount 15 not to exceed $60,000, and executed by the Parties on or about June 18, 2024 (the "Order Form"); 16 and 17 WHEREAS,the Order Form provides for an initial term that is currently scheduled to expire 18 in November 2026, and automatically renews for successive renewal terms unless either Party 19 provides written notice of non-renewal at least thirty(30)days prior to the end of the then-current 20 term; and 21 WHEREAS,the City does not intend to renew the Order Form and desires to provide timely 22 written notice of non-renewal to Vendor in accordance with the terms of the Master Services 23 Agreement and the Order Form; and 24 WHEREAS, the non-renewal of the Order Form applies solely to the Order Form approved 25 by Resolution No. R24-122 and does not affect, modify, or terminate the Master Services 26 Agreement or any other Order Form executed thereunder, all of which shall remain in full force 27 and effect in accordance with their respective terms; and 28 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 29 best interests of the city's citizens and residents to approve and authorize the issuance of a Notice 30 of Non-Renewal to Vendor for the Order Form. RESOLUTION NO. R26-173 3 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT: 33 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve the issuance of a Notice of Non-Renewal to Flock Group,Inc.for the Order Form for Flock 37 OS Elite and Flock Safety Wing VMS approved by Resolution No. R24-122 (the "Notice of Non- 38 Renewal"), in form and substance similar to that attached as Exhibit A. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the City Manager to execute the Notice of Non-Renewal. The City Manager is further 41 authorized to execute any ancillary documents as may be necessary to accomplish the purpose of 42 this Resolution. 43 SECTION 4. The City Clerk shall retain the fully executed Notice of Non-Renewal as a 44 public record of the City. A copy of the fully executed Notice of Non-Renewal shall be sent via 45 certified mail and email to the Vendor. 46 SECTION 5. This Resolution shall take effect in accordance with the law. 47 [SIGNATURES ON THE FOLLOWING PAGE] 48 RESOLUTION NO. R26-173 49 PASSED AND ADOPTED this \(, day of)Q Q-e_.,(1-\\pp 2026. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 Mayor- Rebecca Shelton ✓ 53 54 Vice Mayor-Thomas Turkin 55 56 Commissioner-Angela Cruz 57 58 Commissioner- Mack McCray ✓ 59 60 Commissioner-Aimee Kelley ✓ 61 62 VOTE 5� 63 ATTEST: 64 65 ' Clzpif,47/0/C26 66 TammyStardione v Ptebecca Shelton 67 City ClerkMayor 68 =`y OF BOY��'11 69 ; V •' . C°Rpo .p�ti� APPROVED AS TO FORM: 70 (Corporate Seal) ( s iH s.C,�/ �rri 5 71 ‘06;4:ID // 72 l, :,192 4i- �; \�� aai/4; 4e7 73 t‘\0 ,Q��A•••' Shawna G. Lamb 74 ` City Attorney The City of Boynton Beach T1'Y ° OFFICE OF THE CITY MANAGER 100 E. Ocean avenue = P.O. Box3100P Boynton Beach, Florida 33925-0310 iro N e ' (561) 742-6000 September 17,2026 Sent via Certified Mail No. 9589071052703458164406 Return Receipt requested And via Email to legal(a>.flocksafetv.com Flock Group Inc. Attn: Legal Department 1170 Howell Mill Road NW, Suite 210 Atlanta,GA 30318 RE: City of Boynton Beach("City")Notice of Non-Renewal of the Order Form for Flock OS Elite and Flock Safety Wing VMS (approved by City Resolution No. R24-122) (the "Order Form")Between the City and Flock Group Inc. Dear Representative: Please allow this correspondence to serve as formal Notice from the City of Boynton Beach that the City does not intend to renew the Order Form between the City and Flock Group Inc. ("Flock Safety") for the Flock OS Elite platform and Flock Safety Wing VMS integration,executed by the parties on June 18,2024, and approved by City Resolution No. R24-122 (the "Order Form"). The Order Form is governed by the Master Services Agreement approved by City Resolution No.R23-115(the"Master Services Agreement") and is currently scheduled to expire in November 2026.For the avoidance of doubt,this notice applies only to the Order Form identified above;the Master Services Agreement and all other Order Forms between the parties remain in full force and effect. As provided in Section 7.1 (Term) of the Master Services Agreement and the corresponding renewal provision of the Order Form, which permit either party to give notice of non-renewal at least thirty (30) days prior to the end of the then-current term,this notice is being delivered more than thirty (30)days in advance of the expiration of the current term of the Order Form.This notice is given in writing in accordance with the notice requirements of Section 11.15 (Notices) of the Master Services Agreement. Accordingly, the Order Form shall terminate at the end of its current term on November 18, 2026, and shall not automatically renew or extend for any successive term. Please confirm receipt of this notice and advise as to: 1. Any outstanding fees or amounts due under the Order Form through its termination date; 2. The process and any deadline for the City to export, download, and archive its Footage and other Customer Data associated with the Order Form services before termination, in light of the thirty (30)day Retention Period;and 3. Coordination and the anticipated timeline for Flock's removal of any Flock-owned Hardware installed under the Order Form (including any Wing Gateways) and restoration of the affected locations,as provided in Sections 7.2 and 10.5 of the Master Services Agreement. Page 1 of 2 The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Ocean avenue P.O. Box 310 ? Boynton Beach, Florida 33425-0310 ', ; (561)742-6000 The City appreciates Flock Safety's cooperation in facilitating an orderly transition. Should you wish to discuss anything in this correspondence further,please contact the undersigned. Name: Jonathan Kautz Address: 2100 High Ridge Road,Boynton Beach,Florida 33472 Phone: 561-742-6824 Email: Lautzinabbfl.us Sin 'e tugger, City Man. - „op., City of Boynton Beach -411b cc. Shawna G. Lamb, City Attorney Page 2 of 2