The program

The Order Form describes the product as “an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint technology to capture vehicular attributes.”[OF p.17] Vehicle Fingerprint search, as the Order Form lists it, lets an agency search footage by vehicle type, make, color, license-plate state, missing or covered plates, and features “like bumper stickers, decals, and roof racks.”[OF p.17] A search can therefore reach a vehicle whose plate is unreadable or absent.

The City’s Policy 422 describes the reader as providing “automated detection of all license plates captured by the camera(s).”[POL 422.1] The vendor’s Portal lists what is detected as “license plates, vehicles,” and says facial recognition, people, gender, and race are not.[PORTAL]

Two features of the package go beyond the camera on the pole. The Order Form lists a State Network and a Nationwide Network for license-plate lookup, meaning lookups on cameras opted in to those networks.[OF p.17] It also lists community camera access, which covers privately owned Flock devices in the jurisdiction that have been shared with the City.[OF p.17] The Order Form does not say which of the City’s cameras, if any, are opted in to the networks, and the documents do not record that setting.

Under the vendor terms, Flock owns the hardware. The City may not “remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.” Flock “shall have final discretion to veto a specific location,” and will advise on placement and collaborate on the “deployment plan.” Changes after installation carry a fee.[T&C §10.1-10.3]

Apparent discrepancy, not yet confirmed. This is a discrepancy on the face of the printed Order Form. It has not been confirmed with the City or with Flock, and this site does not assume an explanation for it. Until the City confirms the figures, treat the discount line as unresolved. The Order Form shows a $15,000.00 platform line and a $15,000.00 discount applied to that line, against a Year 1 subtotal of $15,000. The documents do not explain the discount line, and this site does not explain it. The annual recurring figure is $15,000.00 and the contract total is $75,000, as printed.[OF p.13, p.15] Five years at $15,000 comes to $75,000, which matches the 60-month initial term, but the Order Form does not show that calculation. The Order Form lists no professional services or one-time fees, and the installation line carries no dollar figure.[OF p.13-15, p.17]

The Order Form lists these FlockOS “Essentials” features. They are summarized here, not quoted in full.[OF p.17]

• State Network (license-plate lookup only): lookup on cameras opted in to the statewide Flock network.
• Nationwide Network (license-plate lookup only): lookup on cameras opted in to the nationwide Flock network.
• Community camera access (full access): access to privately owned Flock devices in the jurisdiction that have been shared with the City.
• Direct Share, surrounding jurisdiction (full access): search devices other law-enforcement agencies have directly shared, receive hot-list alerts, and view devices on the map.
• Unlimited users; time- and location-based search; license-plate lookup, meaning location history for a specific plate.
• Vehicle Fingerprint search, described above.
• Insights and Analytics: device performance, user and network audits, plate-read reports, hot-list alert reports, event logs, and outcome reports. The Order Form does not say whether the audit reports are run or shared with the City.
• An ESRI-based map interface with 3D views, floor plans, and GIS layers; real-time NCIC alerts on Flock ALPR cameras; unlimited custom hot lists.

Hot lists. The Portal lists the hot lists it alerts on as NCIC, NCMEC Amber Alert, and the Colorado Crime Information Center (CCIC).[PORTAL]

• Retention: 30 days, and up to one year. The Order Form sets a “Retention Period: 30 Days,” and the Portal gives 30-day retention as of its August 12, 2025 update.[OF p.13][PORTAL] Policy 422.4 says data stored on the server “should be securely stored for 1 year after the creation of the data.”[POL 422.4] The documents may describe different systems, a vendor cloud and a department server, but they do not say which is which.
• Ownership. The City owns Customer Data, and “Flock does not own and shall not sell Customer Data.”[T&C §4.1] The Portal says the data “is owned by The Edgewater (CO) Police Department.” The documents name two different owners and do not reconcile them.[PORTAL]
• Anonymized data. Flock may anonymize Customer Data and use the result, “including the training of machine learning algorithms,” to improve its services and “other Flock offerings.” Flock receives “a non-exclusive, worldwide, perpetual, royalty-free right” to use and distribute the anonymized data.[T&C §4.3] The Addendum says Flock “is not authorized to use City Records for any purpose other than providing services to the City under the Agreement.”[ADD p.1] The documents do not say whether anonymized data is a City Record. That conflict is unresolved here.
• Disclosure of footage. During the Retention Period, Flock “may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties” if legally required, or if Flock believes in good faith it is “reasonably necessary” to comply with legal process, enforce the Agreement, or address security, privacy, fraud, technical issues, or emergencies.[T&C §5.3]
• Third-party distribution. At the City’s request, the City can integrate with a third party to distribute Integration Data or Customer Data. The recipient may keep the data longer than Flock’s standard retention period, and the City “provides consent to such retention period.” Flock disclaims liability for such distributions, which are “at Customer’s own risk.”[T&C §4.4; §8.4]
• What the Portal says about sharing. The Portal says data is “never sold to 3rd parties.” The vendor terms allow disclosure in the cases above. Both can be true, but the Portal’s statement does not address disclosure.[PORTAL][T&C §5.3]
• Access. Users need a username and password. The City is responsible for all acts of its Authorized End Users, who must use City-issued email addresses and are limited to officers, employees, and agents of the City.[T&C §2.1; §3.1]
• Permitted purpose. The vendor terms define it as “legitimate public safety and/or business purpose,” including “awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.”[T&C §1.14] Flock may suspend access for misuse or use outside that purpose.[T&C §2.6]

• Public records. “City Records” are subject to the Colorado Open Records Act and “shall remain at all times the property of the City.” Flock must give the City access to any City Record on reasonable request, and to all City Records at no cost when the Agreement ends.[ADD p.1]
• Records requests go through the City. Flock must tell the City about any records request it receives for City Records and refer the requester to the City. If Flock wants a record treated as confidential, it must say so in writing to the City.[ADD p.1]
• Use limit. Flock “is not authorized to use City Records for any purpose other than providing services to the City under the Agreement.”[ADD p.1]
• Insurance. Any City insurance is excess to, and not contributory with, Flock’s. Flock is solely responsible for any deductible losses.[ADD p.1]
• Governmental immunity. The City does not waive the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.[ADD p.3]
• TABOR and non-appropriation. The City does not create a multi-year debt. Payments after the current fiscal year depend on funds being appropriated, and fiscal years end December 31. “If the City does not appropriate the funds, the Agreement terminates automatically.”[ADD p.3] The vendor terms describe a City right to terminate on 30 days’ written notice for non-appropriation, “without penalty or other cost.”[T&C §11.15] The two describe the mechanism differently. The Addendum controls in a conflict.
• Law and venue. Colorado law governs. Any legal action goes in Jefferson County, Colorado.[ADD p.3]
• Conflicts of interest. Flock must disclose any interest of its own that is adverse to the City’s interests. The City may end the agreement if one exists.[ADD p.3]
• Notices. Written notices to the City go to Lenore Pedroza, City Clerk, 1800 Harlan Street, Suite C, Edgewater, Colorado 80214.[ADD p.1]

The Order Form sets a 60-month initial term and a 24-month renewal term.[OF p.13] The vendor terms renew the agreement “for successive renewal terms of the greater of one year or the length set forth on the Order Form,” unless either party gives notice of non-renewal at least 30 days before the current term ends. Under the Order Form, that renewal length is 24 months.[T&C §7.1][OF p.1] Because the term starts on first installation, which is not in these documents, the dates of the notice windows cannot be computed from them.

Fees. Invoices are payable Net 30. Flock must give 60 days’ notice before the end of the Initial or Renewal Term of any change in fees, and a change applies only to subsequent renewal terms.[T&C §6.1-6.2]

Other exits in the documents.

• Breach. 30 days’ written notice with a 30-day cure period. If Flock cannot cure a material breach, it refunds pre-paid fees for services not received.[T&C §7.2]
• Non-appropriation. See the Addendum’s terms above.[ADD p.3][T&C §11.15]

Liability and warranty. Flock’s liability is capped at the fees paid or payable in the prior 12 months, with exceptions for gross negligence, willful misconduct, and indemnification obligations.[T&C §9.1] The services are provided “AS IS,” except as stated, and Flock does not warrant error-free operation or the results of using them.[T&C §8.4]

The Order Form and the Addendum are between the City and Flock. Policy 422 gives administration of the system to the Chief of Police, or a designee, who manages installation, maintenance, retention, and access.[POL 422.2] Mayor Steve Conklin signed for the City, and City Clerk Lenore Pedroza attested. Flock’s signature is by its General Counsel, dated 12/13/2023.[ADD p.5][OF p.19]

The vendor terms make the City responsible for all acts of its Authorized End Users.[T&C §3.1] The City may not reverse-engineer the services, or use them for anything other than the Permitted Purpose.[T&C §5.2] Policy 422.3(a) limits use to “official and legitimate law-enforcement business.”[POL 422.3] The documents do not name the individual users who hold accounts.