SUBJECT: Automatic License Plate Readers S.O.P. # 10 ~ 4

d. Follow up on any discrepancies, lost equipment or problems that occur with the ALPR units with the appropriate precinct coordinator.

e. Notify the Regional Auto Theft Team (RATT) to coordinate additional training seminars when necessary.

f. Collect the ALPR log and hits documents on a monthly basis and forward a copy to the RATT ·Unit Commander for statistical purposes.

8. RATT personnel will: a. Establish and provide "Train the Trainer" seminars for personnel tasked with training ALPR

operators. b. Collect, evaluate and file the ALPR statistical data. c. Act as a secondary/alternate contact for ALPR maintenance. d. Ensure the ALPR data file obtained from the reads is expunged 1 year from the date it was

originally obtained. · •. ,·e. Maintain a list of authorized users with ALPR data access.

FORM 173A

·.d:4J4t~ Colonel Michael McCleese Chief Operations Bureau

PAGE 3 OF 3 / ISSUE DATE: October 4, 2010

- 26644 -

' ;::c::.,./1/-'/ RMI7 BALTIMORE COUNTY POLICE'DEPARTMENT 1 r

PROCUREMENT AND MAINTENANCE REQUEST FORM

"Integrity . .. Fairness ... SeJVice"

DATE: 09/14/2011

TO: Captain Don Roby (Commanding Officer)

FROM: Detective Chris McDonald (Member Submitting Form)

RE: PROCUREMENT OF: Purchase of National Vehicle Location Service (NVLS) License Plate Reader Database

D MAINTENANCE (STATE LOCATION OF WORK TO BE DONE AND NATURE OF WORK):

CONTINUATION OF DESCRIPTION AND/OR JUSTIFICATION: DELIVERY CODE NO.

Item: Purchase of National Vehicle Location Service (NVLS) License Plate Reader Database

Budget Code: MD/DC ACT (1130)

ASAP Date Needed:

Available From:

Estimated Cost: $

Reason for Request:

National Vehicle Location Service (NVLS) 2021 Las Positas Court Suite 101 Livermore, CA. 94551 Rachel Huntington- Program Manager 716-507-3443

$99.00 per month

The Baltimore County Police DepartmenURegional Auto Theft Team is requesting to have access to the NVLS-Tier II Extended LPR database. Having access will allow our investigators to conduct license plate searches from a database that houses over 450,000,000 data records. On any given day there are several times when an investigator will search databases for vehicle registration plates, as they relate to a crime. The majority of these records are from the Northeast area of the United States. There are funds available in the Maryland/DC ACT grant that can cover the monthly costs.

REQUEST STATUS (FOR USE OF FISCAL OFFICE ONLY)

NOTICE: YOUR REQUEST FOR ________________ _ HAS BEEN:

0 Approved By: -----;o;-------:-:=---:--­(Procurement Officer)

0 Request/Quantity Reduced by:

0 Budget Program No. ____ _

D Ordered ________ _ (Date & Requisition No.)

Form e121 (Rev. 03/03)

0 Disapproved By: ---:::-----:-;::-;:--,­(Procurement Officer)

0 Budget Item But No Funds Available

0 Not A Budgeted Item

D Request Held Pending Funding

0 Resubmit-Requires More Information:

----------------~

- 26645 -

August 31, 2011

Maryland/De ACT Anti-Car Theft Committee

P.O. Box 6404 Columbia, MD 21045-6404

Baltimore County Police Department Attn: Lieutenant Matthew Gorman Commander/Baltimore Regional Auto Theft Team 700 E. Joppa Rd. Towson, MD. 21286

Dear Lieutenant Gorman, ·

The Maryland/DC Anti-Car Theft Committee has approved the 2011 grant for the Baltimore County Police Department for the period of 11112011 through 12/3112011. The gt'ant will allow Baltimore County Police Department !Regional Auto Theft Team to utilize funds to pay cellular phone bills, purchase phone upgrades and accessories. This grant can also be used to pay for monthly charges for the NVLS License Plate Reader Database.

Sh.ould you have any questions regarding this extension and reallocation of funds, I can be reached at 410-269-8761.

- 26646 -

(

Project Name: tion

Vigilant Video 2021 Las Positas Court Suite# 101

Livermore, California 94551 (P) 818-915-8085 (F) 925-398-2113

Date

Quote Number:

DATA QUOTATION FOR:

NVLS 07/15/2011

RAH-8830

We at Vigilant Video are pleased to quote the following 1 year data subscription:

Qtv NVLS (I) VV-NVLS-02

Description

NVLS-Tier II Extended LPR Data Subscription

• •

•

Unlimited LPR data queries against the NVLS ]\(ationwide LPR database Hot-List record storage- Up to 12 License Plates with proactive alert notification Access to all Tier II utilities

0 My Plates, NVLS Hot-List, Shared NVLS Library, Vehicle Location Lookup Service & LPR Forum

I $ 1,188.00 (Annually)

US Territory Coverage via NVLS:

~Nonh DakO!(l

South .Dakota

Current NVLS Database Statistics:

450,000,000 LPR data records (Current) 35,000,000 new LPR data records (Monthly Average)

1,170,000 new vehicle location records (Daily Average)

- 26647 -

Proposal Notes:

I. All prices are quoted in USD and will remain firm and in effect for 30 days, 2. Price based on 12 month Subscription period from subscription start date. 3. Anticipated subscription start date to be August 1st, 20 II. 4. All Data access via http://nvls-lpr.com/nvls 5. One Training session up to two (2) hours provided at no cost to client. 6. All orders subject to credit acceptance by Vigilant Video management. 7. By accepting this proposal User agrees to the NVLS User Server Agreement 8. This Quote is provided per our conversation & details given by you- not in accordance to any written specification. 9. This Quote does not include anything outside the above stated bill of materials.

Quoted by: Rachel Huntington Phone: 716-507-3445 email: Rachel@vigilantvideo.com

Total Price $ 1,188.00 (Exoludo"\1 "odd,")

Accepted By: Date: IP.O#

- 26648 -

NVLS License Plate Recognition (LPR) Database Server: Law Enforcement Agency User Agreement

This Agreement is valid and considered to be binding only upon those NVLS users wherein such user and/or such user's employer has not executed a specific agreement with Vigilant Video which governs their behavior while utilizing the LEARN-NVLS LPR Database Server relative to an agreed server Acceptable Use Policy.

"You agree" you have provided your full consent to this Agreement ("Agreement") which contains the complete terms and conditions that apply to your user account and governs use of any and all data that is shared with you by others (such as private LPR data scan records within the server's database) which you may have been granted access to upon the LEARN­NVLS LPR Database Server (LEARN-NVLS) via NVLS Tier-II data access program. The purpose of this Agreement is to facilitate and memorialize the terms and conditions which will govern use of data. Please note that throughout this Agreement, "we, 11 "us, .. and "our" will mean LEARN-NVLS, and 11you," "your," and "yours11 will mean your NVLS user account. You expressly agree to abide by all the NVLS data use terms and conditions outlined below.

1. RECITALS

1.1. Whereas, Vigilant Video, Inc. (hereinafter, "NVLS") is a Delaware corporation that does business throughout the United States and administers connections to the nationwide LEARN-NVLS server.

1.2. Whereas, NVLS represents that it is a legal entity, authorized to do business in the state(s) in which it conducts business. NVLS represents that it is in the business of or desires to be in the business of gatheripg license plate and/or vehicle location data for purposes of assuring public safety and/or site security.

1.3. Whereas, NVLS and National Vehicle Service (NVS), NFPC (NVS- ORl identifier VANVS005V), via Project Code NVLS - [National Vehicle Location Service], may store and disseminate to law enforcement agencies publicly and privately gathered LPR data. The purpose of the project is to provide a common database and a web-based user interface to allow coordination with Federal, State, and Local Law EnforCement Agencies in the US and Canada to have access to certain public and privately collected LPR scan data.

1.4. Whereas, a dedicated LEARN-NVLS server exists in a class-I data facility in Virginia. NVS provides services to Law Enforcement and other Government Age1_1cies, and has the aforementioned dedicated LEARN-NVLS servef connected to NLETS and NCIC for the limited purposes for which NVS is granted access.

1.5. Whereas, all data received, uploaded and shared within the NVLS is placed within a physical environment secured by the same security apparatus required by the NLETS and NClC Security Policies.

2. DEFINTIONS

2.1. LEARN-NVLS LPR Database- Refers to a physical database server that hosts LPR data records acquired nationally for purposes of dissemination to local, state, federal and governmental Law Enforcement Agencies (LEA) by method of LEARN and NVLS account users- this database otherwise known as the National LPR Database for Law Enforcement only.

2.2. NVLS Program- Refers to the available software, support, and services provided by NVLS to those users who have entered into this Agreement with NVLS.

2.3. User - Refers to any individual or legal entity that enters into this NVLS Agreement. The term "User" herein, includes the entity, its owners, partners, employer or shareholders affiliated with such individual who executes this Agreeinent, as- well as any other entity, employer or organization which is owned in whole or in part by aily of the owners, shareholders, employer, partners or principals of such user that executes this Agreement.

2.4. License Plate Recognition ("LPR") - Refers to the process of utilizing cameras, either stationary, or mounted on moving vehicles, to capture and interpret images of license plates located on vehicles.

2.5. LEARN- Refers to the Vigilant Video Law Enforcement Archive and Reporting Network LPR server software and apparatus.

2.6. LPR Kits- Refers to the package of electronic hardware consisting of Vigilant Video provided LPR cameras, digital signal processor(s), one Mobile Data Computer (MDC), and a Garmin GPS device, as specified to interface with NVLS.

2. 7. Confidential Information - Refers to all data, information, user interfaces, business strategies, business processes, software technology, software processes, user or customer lists, and calculations ofNVLS.

Pagel of4

- 26649 -

3. VALID LAW ENFORCEMENT USERS AND DATA DISTRIBUTION

3.1. Eligibility· NVLS will only knowingly provide access to the NVLS Program to parties that can lawfully enter into and form contracts under applicable law. Additionally, NVLS will not knowingly enter into this Agreement with entities who are not later determined by NVLS to be among a group of appropriate users of NVLS and the data contained therein (e.g., a valid Law Enforcement Agency granted an ORI designator is one example of an appropriate user) based upon the then current verification process of NVLS to evaluate applicants desiring to execute this Agreement.

3.2. Account Security- You will be issued an http://nvls~lpr.com/nvls/ usemame and password (one per user account) after this agreement has been successfully executed and you have been verified as a genuine NVLS user or applicant. You will be responsible for keeping username and password credentials confidential and prevent all use of usem"ame and pasSword· credentials by any unauthorized person(s). You must notify NVLS immediately if you believe your password has been, or may have been obtained or used by any unauthorized person(s) or entity. In addition, you must notify NVLS immediately if you become aware of any other breach or attempted breach of the security of your Account, NVLS 1s online resources or the NVLS Program.

3.3. Data Sharing- You agree to share your LPR data with similarly situated users who have executed this Agreement (fm' example, law enforcement users can share LPR data scans with other law enforcement users.) Additionally, the nature of your user account may allow fo.r you to gain access to certain privately obtained LPR data that 1) you have been granted access to and 2) which also exists within the LEARN-NVLS server. · You agree that your user may receive LPR 'Hit' data reports whereupon your Hot-Li$t license plates are seen to match with LPR data scans within your jurisdiction (or otherwise specified in writing) whereby such scan data exists and is made available to NVLS account users. You also agree that LPR hit data reports based on matches to your Hot-List records (if you have uploaded any such Hot-List records to NVLS) which are out of your jurisdiction (or other agreed territ01y) are subject to being communicated via NVLS to law enforcement agencies with the appropriate jurisdiction in proximity to the GPS coordinates of the I.:.PR data sc·an recor.d.

4. OBLIGATIONS OF USER

4.1. Non Disclosure of Confidential Information. Each User will, or may, be privy to Confidential Information. User acknowledges that a large part of the NVLS value to users comes from the collection and analysis of this Confidential Information and disclosure of any such Confidential Information by any user to unauthorized entities would cause irreparable damage to NVLS. As a result of the sensitive nature of the Confidential Information, User agrees not to disclose, directly or indireCtly, any information obtained or garnered as a result of its' user status Within NVLS to any third party except to the extent" necessary to complete the obligations under this Agreement.

THIS PROVISION SURVIVES THE TERMINATION OF THIS AGREEMENT AND PROHIBITIONS AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION ARE FOR AN INDEFINITE PERIOD OF TIME.

4.2. Prohibition against Selling of Vehicle Location Information (e.g., LPR data)- As a User, you are prohibited from selling any NVLS data or providing access rights to· view such data to any third party.

4.3. You must use your account in a manner that demonstrates integrity, honesty, common sense and respect for the rights ofNVLS and other users ofNVLS. Yo~ must comply with any data usage guidelines set forth or adopted by NVLS.

4.4. User warrants and represents the following: You, or if you are a company, are duly organized, validly existing and in good standing, and are qualified and/or licensed to do business in all jurisdictions to the extent necessary to carry out your obligations under this Agreement; ,

5. PROHBIT!ONS OF DISCLOSURE BY USER

5.1. You shall not create, publish, distribute, or pennit any written, electronically transmitted or other fmm of publicity material that makes reference to NVLS or this Agreement without first submitting the material to NVLS and receiving written consent from NVLS. This prohibition is specifically intended to prohibit users from cooperating with any media outlet to bring attention to NVLS. If you breach this provision NVLS may terminate this Agreement immediately upon notice to you.

6. ADDITIONAL TERMS

7 .1. Grant of Licenses. During the term of this Agreement, we grant to you a non-exclusive, non-transferable right and license to (i) access the NVLS site solely in accordance with the tenns and for the purposes of this Agreement and (ii) use NVLS logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials 11

) that we provide to you. You may not alter, modify or change the Licensed Materials in any way and you are only entitled to use the Licensed Materials during such time as you are a USER. This license will terminate immediately upon tennination of this Agreement.

Page2of4

- 26650 -

7 .2. USER agrees not to use proprietary materials or information in any manner that is disparaging. This prohibition is ·specifically intended to preclude USER from cooperating or otherwise agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent ofNVLS. USER also agrees not to voluntarily provide ANY information, including interviews, related to NVLS, its products or its services to any member of the media without the express written consent ofNVLS.

7.3. Term of this Agreement. Subject to the Automatic Termination Clause set forth in Section 8.5 below, this Agreement shall be for a term of one ( l) year and shall renew automatically for successive one (1) year terms, unless either party gives written notice of termination for Cause no less than 30 days prior to the end of the term.

7.4. Tennination. This Agreement shall not be Prematurely terminated unless either party breaches this Agreement and such breach remains uncured for 30 days after receiving wri-tlen notice Qf such breach.

7.5. NVLS may modify any of the terms and conditions in this Agreement, at any time. You will be notified of any modification. Modifications may include, but an~ not limited to, USER rules and policies. [f any modification or change is unacceptable, you may terminate this Agreement. Your continued participation as a USER following the receipt of notice of the change or new agreement will indicate and constitute your acceptance of the changes, modifications or new agreement.

7.6. Disclaimer. NVLS makes no express or implied representations or warranties regarding NVLS related equipment, website, online utilities or their performance, availability, functionality. Any implied warranties of merchantability, fitness for a particular purpose are expressly disclaimed and excluded.

7.7. Limitations of Liability .. NVLS WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES WITH RESPECT TO ANY SUBJECT MAITER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST OF BUSINESS). IN NO EVENT WILL THE COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED $10,000.00.

7.8. Indemnification. You agree to indemnity, defend and hold harmless NVLS and their employees, representatives, agents, officers, directors, and corporate employees (each, an 11lndemnified Party 11

), against any and all claims, suits, actions, or other proceedings brought against the Indemnified Pruiy based on or arising from any claim (i) resulting from your breach of this Agreement, (ii) that involves any vehicle owned or operated by you, (iii) or any employee or independent contractor hired by you or (iv) any and all claims based on your actions or omissions. You will piy any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys, fees and costs awarded against or otherwise incurred by the Indemnified Party in connection with or arising from any such claim, suit, action, or proceeding.

7.9. Independent Contractor Status. Each party will at all times be deemed to be an independent contractor with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deelned or construed in any manner as creating any partnership, joint venture, joint enterprise, single business enterprise, employment, agency, fiduciary or other similar relationship.

7.10. Assignment of thiS Agreement. You may not assign your rights or obligations under this Agreement to any party, without the express written consent of NVLS which will not be unreasonably withheld.

7 .11. You understand that NVLS may at any time, directly or indirectly, engage in similar an-angements on terms that may differ from those contained in this Agreement with other parties, including parties which may conduct operations in your geographic area. NVLS reserves the right to provide vehicle location data to appropriate third patty ent~ties for purposes of promotions, marketing, business development or any other commercially reasonable reason that NVLS deems necessary and supports the continued growth of the NVLS network ofLPR information.

7.12. You represent that you have independently evaluated this Agreement and are not relying on any representation, guarantee, or statement from NVLS or anyone else, other than as expressly set forth in this Agreement.

7.13. TillS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAWS AND/OR PRINCIPLES. YOU CONSENT TO THE EXCLUSIVE JURISDICTION IN THE STATE AND/OR FEDERAL COURTS LOCATED ll-.T TARRANT COUNTY, TEXAS, IN ANY DISPUTE INVOLVING THIS AGREEMENT.

7 .14. Except as otherwise pennitted by this Agreement, no amendment to this Agreement or waiver of any right or obligation created by this Agreement will be effective unless it is in writing and signed by both you and NVLS. Our waiver of any breach or default will not constitute a waiver of any different or subsequent breach or default.

7.15. This Agreement represents the entire agreement between us and you and supersedes all prior agreements and communications, oral or written between you and NVLS, its agents or representatives.

7.16. Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if

Page 3 of4

- 26651 -

such failure or delay is due to fire, flood, earthquake, strike, power outage, blizzard, war (declared or undeclared), ·commercial impracticability, embargo, blockade, legal prohibition, governmental action, riot, insunection, damage, destruction or any other cause beyond the reasonable control of such party.

7.17. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

7.18. All notices required by this Agreement shall be addressed to and mailed through the U.S. Postal service to the parties' addresses as set forth below. Additionally, the parties may agree at a later date to allow all such notices to be con.ducted in a different manner, inducting via eRrnail or through electronic posting on a designated website.

YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION

Please address all inquiries and notices to:

Vigilant Video, NVLS Program Manager

2021 Las Posi!as Court, Suite #101

Livermore, CA 94551

925-398-2079

Page 4 of4

- 26652 -

Christopher McDonold - RE: NL VS Subscription

From: To: Date:

"Rachel Huntington" <rachel@vigilantvideo.com> "'Christopher McDonald'" <cmcdonold@baltimorecountymd.gov> 8/2/2011 4:17PM

Subject: RE: NL VS Subscription

Hi Detective McDonald,

The subscription is to be paid for 1 time per year.

Sincerely,

Rachel Huntington

National Vehicle Location Service (NVLS) NVLS- Program Manager 716-507-3445

www. vigila ntvideo.com

Page 1 of3

This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited.

From: Christopher McDonald [mailto:cmcdonold@baltimorecountymd.gov] Sent: Tuesday, August 02, 2011 3:28 PM To: Rachel Huntington Subject: RE: NLVS Subscription

Thank you Rachel. Can we pay for multiple months at a time?

>>>"Rachel Huntington" <rachel@vigilantvideo.com> 8/2/2011 3:01PM>>>

Hi Detective McDonald,

It was a pleasure speaking with you today.

Attached is an NVLS Q & A, recent publication in Police & Security News and a few success stories to view and share.

The NVLS Tier II program adds significant value to your team's efforts and I am confident your superiors will see

file://C:\Documents and Settings\cmcdonold.BA211186\Local Settings\Ternp\XPgrpwise\4... 8/3/2011

- 26653 -

Page 2 of3 ' '

this program as a great investigative data resource.

We are excited to bring your team on board. Please let me know where we are in the process and what next

steps we can take together to ensure your success.

Here is a link for the Power Point presentation for NVLS Tier I and Tier II:

http://www.vigilantvideo.com/webinars/NVLS Tier I Tier ll.zip

NVLS Tier II is search engine LPR database. It is essentially an ALPR system but with downloads from multiple

sources throughout Maryland. There is also a National version available.

For $99 per month Per User, the NVLS Tier II user can:

1. Make unlimited searches for whole or partial license plate numbers

2. Enter up to 12 plates (per employee) receive pro active Hot- List Notifications on all plates (Up to 5000)

a. Notified 24/7 by text, email or phone on those hits

3. Hits produce a color photo of the vehicle, plate image and Google map location for each time the plate enters the system.

4. Data Intelligence Reports

5. Capabilities to share LPR hit reports

6. NVLS Library

7. NVLS Forum

8. FAQ's page

I look forward to hearing from you.

Sincerely,

Rachel Huntington

National Vehicle Location Service (NVLS) NVLS- Program Manager 716-507-3445

www.vigilantvideo.com

This message (including any attachments) contains confidential information intended for a specific individual

file://C:\Documents and Settings\cmcdonold.BA211186\Local Settings\Temp\XPgrpwise\4... 8/3/201 i

- 26654 -

Page 3 of3

and purpose, and is protected by law. If you are not the intended recipient, you should delete this message. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited.

From: Christopher McDonold [mailto:cmcdonold@baltimorecountymd.gov] Sent: Tuesday, August 02, 2011 2:32 PM To: rachel@vigilantvideo.com Subject: NLVS Subscription

Rachel, My name is Chris McDonold, from Baltimore County Police De·partment, MD. I am interested in some information about the costs of subscribing to NLVS. When you get a moment could you contact me with the information? Thank you. Chris

Detective Christopher T. McDonald #3443 Baltimore County Police Department Regional Auto Theft Team 700 E. Joppa Rd. 8th Floor Towson, MD. 21286 Office 410-887-6247 Cell 443-677-9420 FAX 410-823-5573 cmcdonold@baltimorecountymd.gov

file://C:\Docwnents and Settings\cmcdonold.BA211186\Local Setti.ngs\Temp'"XPgrpwise\4... 8/3/2011

- 26655 -

TO:

FROM:

DATE:

BALTIMORE COUNTY, MARYLAND INTER-OFFICE CORRESPONDENCE

Keith A. Dorsey, Director Office of Budget and Finance

Chief James W. Johnson Police Departm~~.._.....

October 18,2011 7 U U SUBJECT: Sole Source Justification- Vigilant Video-National Vehicle Location

Service License Plate Reader Database

The Baltimore County Police Department Regional Auto Theft Team requests access·to the National Vehicle Location Service (NVLS) license plate reader database. Vigilant Video collects license plate reader data from public and private sources that is added to the NVLS database. This program is only offered by Vigilant Video. The database is available to law enforcement agencies to research license plate and/or vehicle location data.

Having access will allow our investigators to conduct license plate searches from a database that currently houses over 585,000,000 data records. They estimate a daily average of 1,170,000 new vehicle locations. NVLS has a concentrated coverage of the Northeast area of the United States. The NVLS database would be a valuable investigative resource for our detectives.

Funds are available in the FY11 Maiyland/DC ACT grant 005-015-1130 to cover the annual cost of this service. The grantor has encouraged the Regional Auto Theft Team to utilize this product.

Vigilant Video is the only company that offers access to an extensive private and public license plate reader database. We request a sole source procurement of NVLS-Tier II Extended LPR Data Subscription. ·

Thank you for your consideration in this matter.

Approved:

Keith Dorsey, Director Office of Budget and Finance

- 26656 -

MASTER AGREEMENT Document ID:00002052 ~ Version: 1 New

Buyer: Jocelyn Hare

Fiscal Year: 2012

BALTIMORE COUNTY, MARYLAND

Office of Budget and Finance

Buyer Phone: 410-887-3883

Effective Date: 12101/H Expiration Date: 11/30112

Date Printed: December 01,2011

Vendor vcooooo 16814 Phone:

Vigilant Video Inc

2021 Las Positas Court Suite 101

Livennore CA 9455!

.

Document Description: Data subscription, NVLS - Tier II Ex:terided LPR database

Approved by County Council:

Not to Exceed: $!0,000.00

Reason for Modification:

Contact: Rachel Huntington, P))one: 716-507-3445 I FAX .925-398-21 IJ; email: Rachel@vigilantvideo.com: Quotation Number RAH'-8830 Dated 07/15/11. The Procurement AffidaVit1 Insurance Verifica'tion, a~d County's Standard Terms and Conditions approved by the Contractor are incorporated herein:· Annual pricy ·escalation is limited lo the cun·ent CPI-U up to 5% maximum at the time of the reqUest. Total compensation paid to the Contractor shaH not exceed $10,000 during the entire including renewal options. Police Department Contact: Detective Chri"s McDonald, Regional AutO Theft Team, 4_\0-887-6247.

This is not an order to ship (or begin service). A Delivery Order (DO) or Purchase Order (PO) must be issued before you are authorized to ship (or begin service). This is a notice that the Master Agreement (MA) referenced above has been awarded to you based on the bid (or proposal) you submitted .. All terms, conditions and specifications of the solicitation will apply to all orders placed from this agreement. Any agency authorized to purchase from this agreement must issue an order and reference the Master Agreement number, line number and commodity·item number fat each item. Changes.in items to be furnished are not permitted (unless approved by the Purchasing Division prior to' delivery). Prior approval must also be obtained before. distributors can be added or deleted. If a distributor list was submiited, th·e contractor must send copies of this award to each distributor. Quantities listed are estimated and no quantities are guara·riteed. The contractor must supply actual requirements ·ordered at the Master Agreement price awarded. ·

- 26657 -

;I

Line No.

1

·Commodity

92002

UoM

YEAR

· Unit Price·

$1,188.0000

Discount% Off Catalog $

0.0000

Contract Amount

$0~9000

Data subscription, National Vehicle Location Service (NVLS) -Tier II Exlended License Plate Recognition (LPR), includes: Unlimited LPR data queries against the NVLS Nationwide LPR database: Hot-List record storage-- up .to 12 liCense plates with proactive alert notification;·

Access to all Tier II utilities (My Plates, NVLS Hot-List, Sliared NVLS Library, Vehicle Localion Lookup Service & LPR Foruni); All data

access via tittp://nvls-lpr.com/nvls; One training session up to_twd (2) hqurs provided at no cost tO CoUnty.

Renewal Period No: 1 Renewal Begin Date: 12101112 Renewal End Date: .11/30/13

RenewarPeriod No: 2 Renewal Begin Date: 12/01/13 Renewal End Date: 11/30/14

Renewal Period No: 3 Renewal Begin Date:. 12/01/14 ReneWal End Date: 11130/15

Renewal Period No: 4 Renewal t3egin Date: 12/01/15· Renewal End Date: 11/30/16

Renewal Period No: 5 Renewal Begin Date: 12/01/16 Renewal End Date: 11130117

Renewal Period No: 6 Renewal Begin Date: 12/01/17 Renewal End Date: 11/30/18

Renewal Period No: 7 Renewal Begin Date: 12101118 Renewal End Date: "!1130/19

Page: 2

- 26658 -

1 •. ·Purchases are subjecl to the Batlimore County Charter and Article 10, Tille 2 of the BaiUmore County Code, 2003, as amended. Baltimore County will not bil responsible ror any goods delivered or servlces rendered unless cover0d by an official order signed by the Purchasing Agent or his/her de~ignee. No change, modification, or revision shall be binding upon Baltimore County unless made in writing by the Purchasing Agent or his/her .designee. Contractor shall not assign ils obligations ('o perform hereunder in whole or in part without the prior Wrillen consent !Jf lha Purchasing Agent or his/her desl9ne~.

2. If thls.Maslar Ag're'emenl, Corliract, or Purchase Order is tO(an e.mountof $25,000 or less, \he County ExecuUve and the County Adminislralive Officer are not required by the Baltimore County Code to sign. Accotdlngly, any sLich Master Agreemenl Contract or Purchase Order \hat is for $25,000 or less shall be signed by the Director of the 'Office of Budget and Finance or liis designee as allowed for in \he County Code, ..

3. The C~unty's Sol!cilalioh, Request for Proposal, or Request for Bid, as applicable, shall be incorporated herein jn !ts e!"'llrety.

4. The Contractor may not and shal! nol amend or modify the terms and condlllons of this Master Agreemenl, Conlrncl, or Purchase Order, as applicable, unless· suc_h amend~enl or modification is In writing and signed by a legally authorized signatory of the Contractor and the County, and the Baltimore County Office of Law~

5, lnv~iclng: Invoices must be submilled,. in duPlicate, \O the Office of Budget and Finance, Disbursements Section,- Rqom 148, 400 WaShington Avenue, Towson, MD 21204-4665. lnvoir;es must shew the vendG(s'federallax ldenlillcalion number (FEIN) or social security number, as appropriate and order nurnber and line number(s) that correspond with !he or!:!er(s), Cash discount periods will ht'.' ccimpuled either frOm the date of delivery and acceptance of the goods ordered, or the date or receipt of correct and proper Invoices prepared in accordance with terms of B<iiUmore County's order, whichever date is later. Under no circumstances vtill interest be paid. · ·

6. lm:;orporalion by reference: 1i !his purcha~e order is the result of a wrllten solicitation, _the sol!cltation and response are hereby incorporated by refei-ence.

7. Collnly Council Approval: Prior approval of the Baltimore County Councn Is required on contracts for services fn excess of $25,000 per year or in excess of two years.

B. Fee Prohibition: The COI\IractOr warrants and represents that it has not employed or engaged anY person or entiiy to solk:H or secure this agreement, and that it has not paid, or agreed to pay any person or enlity a fee or any o!her consideration conUngent on \he making of this agreemeill If any sui~ claim, or demand s?all ~rise concerning such a lee, _the contractor agrees to" indemnify, hold harmless, and defend the County from all such claims, suits, or demands ..

9. Discrimination Prohibited: In the execuUon or ihe obliga!lons and responslbllllles· hereunder, including, but not limited to, hiring or employment made possible by or relaling to!hls agreement, the contractor shall not discriminate against persons because of race, color, rti.llglon, sex, age, polil!cal affiKalior., national o(~gin, marital s\alus, or disabmty unrelated in nature a lid extent so as to reasonably preclude the performance of the employment.

19- Applicable law: This agreement shall be gpveroed and construed In accOrdance with the laws and. regulations of the Slate of Maryland and Ball!more County.

11. Funding Out: If funds are not appropriated or othel\¥ise made available to support continUation of this agreetnent In any fiscal year. the County shal! have the right Ia terminate the agreement without prior notice to the contractor and without any obligation or penally.

12. Material Safely Data Sh~et: If prodiJCts to be provided to lhe County contain any substances that could be hazardous or injurious to a person's health, a material safely"data sheet (MSDS) must be provided to the Purchasing Divisi.on, 400 Washington Avenue, Room 148, Towson, MD 21204-4665. Th!s applies also ~o any product used by a contractor when providing a service to the County.

13. Recycled and Recyclable Products: The contractor agrees that ll will not use packaging materials made of non-tecyclab!e Styrofoam (Polystyrene). Addifionai!y, any materials used in pac~lng to cushion, protect and ship are to be made o~ rGGycle~. recyclable. or biodegradable materials. · ·

14. Coplers,.scanners, printers, facsimile equipment and any other office equipment that contain hard drives that have the caPability to.store data inlerna\!y, wll! be required to provide overwrite capability with an option to return hard ~rives to !he County for proper disposal althe end of life. ·

15. Termination fo.r Convenience: The County may terminate this agreement, in w!Jole or in part, \vilhou) cause, by providing wrlllen notice lheri;lof to the contractor. In the event of· termination, Without cause, the County sha.U advise the contractor ln writing of the termination date ~nq of work to be performed during !he final days prior to. termination. The contractor shall be paid for all reasonable costs incurred by \he contractor up to the date of termination set forth In the wriUen notice of leffilloalion. The contr.actor will not be reimbursed for a"ny anlicipatory ptofits, which. have not been earned up to the dale of terminal"lon. Payments to be provided on_ a lump sum basis sha.ll be prorated by !he County based on the services rendered or goods del[vered up to the date-of termination set forth ln the y.rrilten noUce.

16. Terminallon for Default In addillon to other available rights and remedies, the County shall have the righl upon the happening ol any default, wilhDlll.providlng notice to !he contractor: 1) To terminate this agreement immediately, in whole or in part; 2) To suspend the contractor's aulhorlly to receive any undisbursed funds; and/or ;_l) To proceed at any lime or from lime to Ume to protect and enforce aU rights and remedies available to the County, by suit or any other appropriatn proceedlngs, "11-!hether for specific pertormance or any covenant, term or condition set forth ln the contra~!. or for damages or other relief, or proceed to take any aclion authorized or permitted under applicable law or regulations, Upon terminclllon of this agreement for default, the CountY may elect to pay the contractor for sef'Aces provided or goods d?livered up to the dale of termination, Jess the amount of damages caused by the default, all as determined by the CounJy in its sole discretion. If the damageS exceed the undisbursed sum!;; avallable for compensation, the County shaH not b,e obligated to make any further disbursements hereunder.

17. _ Indemnification: The centrar;tor shall Indemnify and hold harmless the Couniy, its employees,.agents arid olllclals from any and aU liabii!Ues, cla1'ms, suits, or demands including atlO(ffey's fees and court costs which may be Incurred or made against the county, its employees, agents or officials resulting from any act or omission r;Onimltted in the performance of the duties imposed by·8nd peiformed under \he terms of the agreement. The contractor sha!l not be responsible for acts of gross negligence or willful mi::~:conduc\ committed by the County. ·

The contraclor shall also indemnify r:md hold harmless \he County, ils employees, agen!s and officials from any and allliabi!illes, claims, suits, or demands including aUomey's fees and court costs which may be made against the County, ils employees, agents or officials by any third party arising frorn the alleged violation qf any third party's trade secrets, proprietary information, trademark, copyright, patent rights, or intellectual property rights in connection with the agreement.

18. Defense: Unless notified in writing by the County to the contrary, 1tie contractor shall provide defense for \he Counly, its employees, agents and offK:lals and in doing so !he contractor shall allow the County to participate In said defense of the County, i\s employees. agents and officials, to the extent and a"s may be requhed by the County and the con\taclor shall cooperate with the County in all aspeCts in connection therewith. All filings, actions, se\Uements, and pleadings shall be provided to lh"e Counly for comment and review prlor to filing or entering thereof. No filing, action, settlement or pleE'Iding shall be filed or entered without the prior consenl end approval of the County,

19. Property lost, Damaged or Destroyed: Any deliverables to be provided by the contractor will remain at the contractp(s risk unll! written acceptance by Balllmore County; and the contractor will replace, at the contractor's expense, all deliverables lost, damaged or destroyed by any cause whatsoever. ·

Reviewed for Legal Sufficiency (based upon typeset do;vment)

By: / -B~a~lt~im __ o_re~C-9-dr7nLty-O~ffi~1c-e--of~L~a-~-,------

Baltimore County, ryland

By: -----?~-----------------County dministrative Officer

(approva~es not convey approval or disapproval of substantive nature of the transaction)

Page: 3

- 26659 -