14-0203 Vigilant Solutions I _ Oao3
VIGILANT SOLUTIONS-SOFTWARE SERVICE PROGRAM
STATE AND LOCAL LAW ENFORCEMENT AGENCY AGREEMENT
This Agreement is made and entered into effective February 3, 2014 (the "Effective Date") between Vigilant
Solutions, Inc., a Delaware corporation ("Vigilant") and the City of Elgin, Illinois, a municipal corporation.
A. WHEREAS Vigilant stores and disseminates to law enforcement agencies publicly and privately gathered
license plate recognition (LPR) data as a valued-added component of the Vigilant law enforcement package of LPR
equipment and/or software; and
8. WHEREAS Agency desires to obtain access to Vigilant's Software Service with available publicly and
privately collected LPR data via the Law Enforcement Archival Reporting Network (LEARN) server owned and operated by
Vigila nt;
NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable
consideration, sufficiency of which is acknowledged by the parties,the parties agree as follows:
1. Definitions.
(a) Confidential Information. Refers to any and all (i) rights of Vigilant associated with works of
authorship, including exclusive exploitation rights, copyrights, moral rights and mask works, trademark and trade name
rights and similar rights, trade secrets rights, patents, designs, algorithms and other industrial property rights, other
intellectual and industrial property and proprietary rights of every kind and nature, whether arising by operation of law,
by contract or license, or otherwise; and all registrations, applications, renewals, extensions, combinations, divisions or
reissues of the foregoing; (ii) product specifications, data, know-how, formulae, compositions, processes, designs,
sketches, photographs, graphs, drawings, samples, inventions and ideas, and past, current and planned research and
development; (iii) current and planned manufacturing and distribution methods and processes, customer lists, current
and anticipated customer requirements, price lists, market studies, and business plans; (iv) computer software and
programs (including object code and source code), database technologies, systems, structures, architectures, processes,
improvements, devices, discoveries, concepts, methods, and information of Vigilant; (v) any other information, however
documented, of Vigilant that is a trade secret within the meaning of applicable state trade secret law or under other
applicable law, including but not limited to the LEARN Software Service and the Private LPR Data; (vi) information
concerning the business and affairs of Vigilant (which includes historical financial statements, financial projections and
budgets, historical and projected sales,capital spending budgets and plans,the names and backgrounds of key personnel,
contractors, agents, suppliers and potential suppliers, personnel training techniques and materials, and purchasing
methods and techniques, however documented; and (vii) notes, analysis, compilations, studies, summaries and other
material prepared by or for Vigilant containing or based, in whole or in part, upon any information included in the
foregoing. Notwithstanding anything to the contrary contained herein, any documentation or information which the
Agency may be required to provide to any entity by law (including but not limited to any information or documentation
subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.)) shall not constitute, and shall not be construed
so as to constitute, Confidential Information.
(b) LEA. Refers to a law enforcement agency.
(c) LEARN Software Service. Refers to a web based(hosted)suite of software applications consisting
of analytical and investigative software located on a physical database server that also hosts LPR Data.
VIGILANT
(d) License Plate Recognition ("LPR"). Refers to the process of utilizing cameras,either stationary or
mounted on moving vehicles,to capture and interpret images of vehicle license plates.
(e) LPR Data. Refers to both LEA LPR Data and Private LPR Data.
(f) LEA LPR Data. Refers to LPR data collected by LEAs and available on the LEARN Software Service
for use by other LEAs. LEA LPR Data is freely available to LEAs at no cost and is governed by the contributing LEA's retention
policy.
{g} Private LPR Data. Refers to LPR data collected by private commercial sources and available on
the LEARN Software Service with a paid subscription.
(h) User. Refers to an individual who is an agent and sworn officer of Agency and who is authorized
by Agency to access the LEARN Software Service on behalf of Agency through login credentials provided by Agency.
2. Licensed Access to the LEARN Software Service.
(a) Grant of License. During the term of this Agreement,Vigilant grants Agency a non-exclusive,non-
transferable right and license to access the LEARN Software Service for use in accordance with the terms of this
Agreement.
(b) Authorized Use. Agency is prohibited from accessing the LEARN Software Service other than for
law enforcement purposes.
(c) Ownership of Private LPR Data and LEARN Software. Except for the rights expressly granted by
Vigilant to Agency under this Agreement, Vigilant retains all title and rights to the Private LPR Data and the LEARN
Software. Nothing contained in this Agreement shall be deemed to convey to Agency or to any other party any ownership
interest in or to any LPR Data or the LEARN Software.
(d) Restrictions on Use of LEARN Software Service. Except as expressly permitted under this
Agreement,Agency agrees that it shall not,nor will it permit a User or any other party to,without the prior written consent
of Vigilant, (i) copy, duplicate or grant permission to the LEARN Software Service or any part thereof; (ii) create, attempt
to create,or grant permission to the source program and/or object program associated with the LEARN Software Service;
(iii) decompile, disassemble or reverse engineer any software component of the LEARN Software Service for any reason,
including, without limitation, to develop functionally similar computer software or services; or(iv) modify, alter or delete
any of the copyright notices embedded in or affixed to the copies of any components of the LEARN Software Service.
Agency shall instruct each User to comply with the preceding restrictions.
(e) Third Party Software and Data. If and to the extent that Vigilant incorporates the software and/or
data of any third party into the LEARN Software Service, including but not limited to the LEA LPR Data, and use of such
third party software and/or data is not subject to the terms of a license agreement directly between Agency and the third
party licensor, the license of Agency to such third party software and/or data shall be defined and limited by the license
granted to Vigilant by such third party and the license to the LEARN Software Service granted by Vigilant under this
Agreement. Agency specifically acknowledges that the licensors of such third party software and/or data shall retain all
ownership rights thereto, and Agency agrees that it shall not (i) decompile, disassemble or reverse engineer such third
party software or otherwise use such third party software for any reason except as expressly permitted herein;
(ii) reproduce the data therein for purposes other than those specifically permitted under this Agreement; or(iii) modify,
alter or delete any of the copyright notices embedded in or affixed to such third party software. Agency shall instruct each
User to comply with the preceding restrictions.
(f) Non-Exclusive Licensed Access. Agency acknowledges that the right or ability of Vigilant to
license other third parties to use the LEARN Software Service is not restricted in any manner by this Agreement, and that
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it is Vigilant's intention to license a number of other LEAs to use the LEARN Software Service. Vigilant shall have no liability
to Agency for any such action.
3. Other Matters Relating to Access to LEARN Software Service.
(a) Accessibility. The LEARN Software Service, LPR Data and associated analytical tools are accessible
to LEAs ONLY and are accessible pursuant to one of the following two methods:
(1) LEARN Private Data Subscription. Access to the LEARN Software Service through a
private data subscription allows for private data to be used at a much deeper level to include partial plate queries, geo-
fence queries, and analytic reports such as common plate and possible associate analysis.
(2) Application Programming Interface (API). The API access method allows for integration
of the LPR Data into external third-party analytic tools. The API does NOT provide ownership rights to the LPR Data, only
access during the subscription period. The API is available only in conjunction with a LEARN Private Data Subscription.
(b) Access to LEA LPR Data. LEA LPR Data is provided as a service to LEAs at no additional charge.
(c) Eligibility. Agency shall only authorize individuals who satisfy the eligibility requirements of
"Users" to access the LEARN Software Service. Vigilant in its sole discretion may deny LEARN Software Service access to
any individual based on such person's failure to satisfy such eligibility requirements.
(d) Account Security(Agency Responsibility).
(1) Agency shall be responsible for assigning an account administrator who in turn will be
responsible for assigning to each of Agency's Users a username and password (one per user account). An unlimited
number of User accounts is provided. Agency will cause the Users to maintain username and password credentials
confidential and will prevent use of such username and password credentials by any unauthorized person(s). Agency shall
notify Vigilant immediately if Agency believes the password of any of its Users has, or may have, been obtained or used
by any unauthorized person(s). In addition, Agency must notify Vigilant immediately if Agency becomes aware of any
other breach or attempted breach of the security of any of its Users' accounts.
(2) User logins are restricted to agents and sworn officers of the Agency. No User logins may
be provided to agents or officers of other local, state, or Federal LEAs. LPR Data must reside within the LEARN Software
Service and shall not be copied to another system, unless Agency purchases Vigilant's API.
(e) Data Sharing. If Agency is a generator as well as a consumer of LPR Data, Agency at its option
may share its LEA LPR Data with similarly situated LEAs who contract with Vigilant to access the LEARN Software Service
(for example, LEAs who share LEA LPR Data with other LEAs).
(f) Subscriptions. LEARN Software Service software applications and LPR Data, and all rights, goods
and services described and contemplated by this agreement are available to Agency and its Users on an annual
subscription basis with a limited number of usage credits (described below).
Product Code Description Usage Credits
VS-LDS-1 Level 1 Software Service 30,000
VS-LDS-2 Level 2 Software Service 150,000
VS-LDS-3 Level 3 Software Service 625,000
VS-LDS-4 Level 4 Software Service Unlimited
Usage credits are utilized as follows: queries use 1 credit each, basic reports use two credits each, and analytical reports
use 4 credits each. Agency's administrator has the capability to measure utilization of usage credits. The annual
subscription price and related product code for the LEARN Software Service are set forth in Agency's purchase order.
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(g) Annual Usage Credit Limit. If Agency approaches its annual usage credit limit, Vigilant shall
contact Agency with options to enable continued access to the LEARN LPR Database Server. Options are as follows: (i)
initiate a new annual subscription on the date annual usage credits are fully utilized; or (ii) continue with the current
subscription but pay an excess usage fee for excess usage equal to 1.2 times the prorated cost per usage credit and renew
at the same level the following year. For example, if a product code VS-LDS-2 subscriber uses 225,000 usage credits in a
given subscription year period, such subscriber would be able to renew at the VS-LDS-3 product code level the following
year OR remain at the VS-LDS-2 product code level and pay an excess usage fee of (1.2)*(225,000— 150,000)*(Annual
Contract Fee $$$/150,000) prior to renewing the VS-LDS-2 contract for the subsequent year.
(h) Available API. Vigilant offers an API whereby Agency may load LPR Data and provide for ongoing
updating of LPR Data into a third-party system of Agency's choosing (the "API"). This service is offered as an optional
service and in addition to the LEARN Private Date Subscription.
4. Restrictions on Access to LEARN Software Service.
(a) Non Disclosure of Confidential Information. Agency and each User will become privy to
Confidential Information during the term of this Agreement. Agency acknowledges that a large part of Vigilant's
competitive advantage comes from the collection and analysis of this Confidential Information and Agency's use, except
as expressly permitted under this Agreement,and disclosure of any such Confidential Information would cause irreparable
damage to Vigilant.
(b) Restrictions. As a result of the sensitive nature of the Confidential Information, Agency agrees,
except to the extent expressly permitted under this Agreement, (i) not to use or disclose, directly or indirectly, and not to
permit Users to use or disclose, directly or indirectly, any LPR location information obtained through Agency's access to
the LEARN Software Service or any other Confidential Information; (ii) not to download, copy or reproduce any portion of
the LPR Data and other Confidential Information; and (iii) not to sell,transfer, license for use or otherwise exploit the LPR
Data and other Confidential Information in any way. Additionally, Agency agrees to take all necessary precautions to
protect the Confidential Information against its unauthorized use or disclosure and exercise at least the same degree of
care in safeguarding the Confidential Information as Agency would with Agency's own confidential information and to
promptly advise Vigilant in writing upon learning of any unauthorized use or disclosure of the Confidential Information.
(c) Third Party Information. Agency recognizes that Vigilant has received, and in the future will
continue to receive, from LEAs associated with Vigilant their confidential or proprietary information ("Associated Third
Party Confidential Information"). By way of example, Associated Third Party Confidential Information includes LEA LPR
Data. Agency agrees, except to the extent expressly permitted by this Agreement, (i) not to use or to disclose to any
person,firm,or corporation any Associated Third Party Confidential Information, (ii) not to download,copy,or reproduce
any Associated Third Party Confidential Information, and (iii) not to sell, transfer, license for use or otherwise exploit any
Associated Third Party Confidential Information. Additionally, Agency agrees to take all necessary precautions to protect
the Associated Third Party Confidential Information against its unauthorized use or disclosure and exercise at least the
same degree of care in safeguarding the Associated Third Party Confidential Information as Agency would with Agency's
own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or
disclosure of the Associated Third Party Confidential Information. Notwithstanding anything to the contrary provided
herein, the Agency may release Associated Third Party Confidential Information to the extent such disclosure may be
required by law.
(d) Non-Publication. Agency shall not create,publish,distribute,or permit any written,electronically
transmitted or other form of publicity material that makes reference to the LEARN Software Service or this Agreement
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without first submitting the material to Vigilant and receiving written consent from Vigilant thereto. This restriction is
specifically intended to ensure consistency with other media messaging.
(e) Non-Disparagement. Agency agrees not to use proprietary materials or information in any
manner that is disparaging. This prohibition is specifically intended to preclude Agency from cooperating or otherwise
agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent of
Vigilant. Agency also agrees not to voluntarily provide ANY information, including interviews, related to Vigilant, its
products or its services to any member of the media without the express written consent of Vigilant.
(f) Manner of Use. Agency must use its account in a manner that demonstrates integrity, honesty,
and common sense.
(g) Survival of Restrictions and Other Related Matters.
(1) Agency shall cause each User to comply with the provisions of this Section 4.
(2) Agency agrees to notify Vigilant immediately upon discovery of any unauthorized use or
disclosure of Confidential Information or any other breach of this Section 4 by Agency or any User, and Agency shall
reasonably cooperate with Vigilant to regain possession of the Confidential Information, prevent its further unauthorized
use, and otherwise prevent any further breaches of this Section 4.
(3) Agency agrees that a breach or threatened breach by Agency or a User of any covenant
contained in this Section 4 will cause irreparable damage to Vigilant and that Vigilant could not be made whole by
monetary damages. Therefore,Vigilant shall have, in addition to any remedies available at law,the right to seek equitable
relief to enforce this Agreement.
(4) No failure or delay by Vigilant in exercising any right, power or privilege hereunder will
operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other
or further exercise thereof.
(5) The restrictions set forth in this Section 4 shall survive the termination of this Agreement
for an indefinite period of time.
5. Term and Termination.
(a) Term. This Agreement shall be for a term of one (1) year from the Effective Date of this
Agreement.
(b) Termination.
(1) Agency may terminate this Agreement upon thirty (30) days prior written notice to
Vigilant for any reason without penalty.
(2) Vigilant may terminate this Agreement upon:
(A) a failure on the part of Agency to pay any amount due and payable to Vigilant
under this Agreement within thirty(30)days following receipt of written notice from Vigilant of such failure; or
(B) a material breach of any other provision of this Agreement by Agency or any User
which remains uncured for thirty (30) days following receipt of written notice from Vigilant of such material breach.
(c) Effect of Termination. Upon termination or expiration of this Agreement for any reason, all
licensed rights granted in this Agreement will immediately cease to exist and Agency must promptly discontinue all use of
the LEARN Software Service,erase all LPR Data accessed through the LEARN Software Service from its computers,including
LPR Data transferred to an API, and return all copies of any related documentation and other materials.
(d) No Refunds. Upon termination of this Agreement for any reason whatsoever,whether by Agency
or Vigilant,Agency shall not be entitled to a refund of the annual subscription fee, or any portion thereof.
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VIGILANT
6. Miscellaneous.
(a) Notices. Any notice under this Agreement must be written. Notices must be addressed to the
recipient and either (I) hand delivered; (ii) placed in the United States mail, certified, return receipt requested;
(iii)deposited with an overnight delivery service;or(iv)sent via e-mail and followed with a copy sent by overnight delivery
or regular mail, to the address or e-mail address specified below. Any mailed notice is effective three (3) business days
after the date of deposit with the United States Postal Service or the overnight delivery service, as applicable; all other
notices are effective upon receipt. A failure of the United States Postal Service to return the certified mail receipt to the
dispatcher of such notice will not affect the otherwise valid posting of notice hereunder.
Vigilant's address for all purposes under this Agreement is:
Vigilant Solutions, Inc. Agency's address for all purposes under this Agreement is:
Attn: Steve Cintron Attn: Commander Dan O'Shea
2021 Las Positas Court,Suite#101 151 Douglas Ave
Livermore, California 94551 Elgin, IL 60120
Telephone: 925-398-2079 Telephone: 847-289-2691
E-mail: steve@vigilantsolutions.com E-mail: oshea_d@cityofelgin.org
with a copy to:
Holland,Johns& Penny, L.L.P.
Attn: Margaret E. Holland
306 West Seventh Street, Suite 500
Fort Worth, Texas 76102
Telephone: 817-335-1050
E-mail: meh@hjpllp.com
Either party may designate another address for this Agreement by giving the other party at least five (5) business days'
advance notice of its address change. A party's attorney may send notices on behalf of that party, but a notice is not
effective against a party if sent only to that party's attorney.
(b) Disclaimer. Vigilant makes no express or implied representations or warranties regarding
Vigilant's equipment, website, online utilities or their performance, availability, functionality, other than a warranty of
merchantability and fitness for the particular purpose of searching for license plate locations in the database and
performing other related analytical functions. Any other implied warranties of merchantability or fitness for a particular
purpose are expressly disclaimed and excluded.
(c) Limitations of Liability. VIGILANT WILL NOT BE LIABLE FOR AGENCY'S USE OF THE LPR DATA OR
LEARN SOFTWARE SERVICE APPLICATIONS AND WILL NOT BE LIABLE TO AGENCY UNDER ANY CIRCUMSTANCES WITH
RESPECT TO ANY SUBJECT MATTER 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). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR OTHERWISE UNENFORCEABLE
VIGILANT
VILIGANT'S CUMULATIVE LIABILITY TO AGENCY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED
$10,000.00.
(d) 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 deemed
or construed in any manner as creating any partnership, joint venture, joint enterprise, single business enterprise,
employment,agency, fiduciary or other similar relationship.
(e) Assignment of this Agreement. Agency may not assign its rights or obligations under this
Agreement to any party, without the express written consent of Vigilant.
(f} No Exclusivity. Vigilant may at any time, directly or indirectly, engage in similar arrangements
with other parties, including parties which may conduct operations in geographic areas in which Agency operates.
Additionally,Vigilant reserves the right to provide LPR Data to third-party entities for purposes of promotions, marketing,
business development or any other commercially reasonable reason that Vigilant deems necessary and appropriate.
(g) No Reliance. Agency represents that it has independently evaluated this Agreement and is not
relying on any representation, guarantee,or statement from Vigilant or any other party, other than as expressly set forth
in this Agreement.
(h) Governing Law;Venue. THIS AGREEMENT IS GOVERNED BY AND INTERPRETED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO CONFLICTS-OF-LAWS PRINCIPLES. THE PARTIES HERETO
CONSENT THAT VENUE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT WILL BE IN THE CIRCUIT COURT OF KANE
COUNTY, ILLINOIS.
(i} Amendments. Except as otherwise permitted 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 parties. Vigilant's waiver of any breach or default will not constitute a waiver of any other or subsequent breach
or default.
(j} Entirety. This Agreement and the Agency's purchase order, setting forth Vigilant's LEARN
Software Service being purchased by Agency pursuant to this Agreement and the related product code and subscription
price, represent the entire agreement between the parties and supersede all prior agreements and communications,oral
or written between the parties. Except to the limited extent expressly provided in this Section 6(k), no contrary or
additional terms contained in any purchase order or other communication from Agency will be a part of this Agreement.
(k) Force Majeure. Neither party will be liable for failure to perform or delay in performing any
obligation under this Agreement if nonperformance is caused by an occurrence beyond the reasonable control of such
party and without its fault or negligence such as acts of God or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather,
delays of common carriers,or any other cause beyond the reasonable control of such party.
(I} Severability. 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. Payment Terms
Agency shall pay Vigilant the total sum of$7,500 for all rights, goods and services as are described
and contemplated by this agreement.
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8.Compliance with Laws.
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that
in connection with the performance of this AGREEMENT that VIGILANT shall comply with all applicable federal, state,
city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, VIGILANT
hereby certifies, represents and warrants to the AGENCY that all VIGILANT employees and/or agents who will be
providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States.
VIGILANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary
and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for
in this AGREEMENT. The AGENCY shall have the right to audit any records in the possession or control of VIGILANT
to determine VIGILANT's compliance with the provisions of this paragraph. In the event the AGENCY proceeds with
such an audit VIGILANT shall make available to the AGENCY VIGILANT's relevant records at no cost to the AGENCY.
VIGILANT shall pay any and all costs associated with any such audit.
9. Execution.
This agreement may be executed in counterparts,each of which shall be an original and all of which shall
constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document.The signature
of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as
an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this
agreement shall be considered to have the same binding legal effect as an original document. At the request of either
party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this
agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by persons duly authorized as of the
date and year first above written.
Company: Vigilant Solutions, Inc.
Authorized Agent: William J. Quinlan
Title: National Sales Manager
Date: �' q
Signature:
Agency: City of Elgin
Authorized Agent: Sean Stegall
Title: City Manager
Date:
/fz/,Y
Signature:
[signature page—LEARN Software Service
State and Local Law Enforcement Agency Agreement]
ill: ►
ELGIN
THE CITY IN THE SUBURBS-
AGENDA ITEM: 11
MEETING DATE: April 10, 2013
ITEM:
Agreement with Vigilant Solutions, Inc for the Purchase of Two License Plate Recognition Sys-
tems
($39,300)
OBJECTIVE:
Enhance the efficiency and capabilities of the Police Department through a license plate recog-
nition system.
RECOMMENDATION:
Authorize the purchase of two license plate recognition systems with related software compo-
nents from Vigilant Solutions, Inc. through the Houston-Galveston Area Council buying consor-
tium in the amount of$39,300.
BACKGROUND
Elgin Police officers run computer checks on many vehicle license plates through the course of
daily patrols. These checks may result in finding stolen vehicles, vehicles wanted in connection
with crimes, vehicles with suspended / invalid plates or other special alerts. This ability is an in-
valuable tool that may lead officers to discover other crimes when following up on computer
checks. Logging the dates and times of running plates is also an investigative tool that may help
detectives find vehicles that were involved in crimes. However, the process of running plates is
manual, requires officers to divert their attention to a keyboard and is limited by the speed of
typing and interpreting the data.
OPERATIONAL ANALYSIS
In the last several years, new technology called Automated License Plate Recognition Systems
(ALPR) has become available for law enforcement. ALPR systems mount cameras to police vehi-
cles and scan plates in all directions as the vehicles conduct normal patrol functions. As the sys-
tem reads license plates it compares the plates to a database of vehicles with special alerts such
as stolen vehicles, wanted vehicles or vehicles with suspended plates. If a plate with one of
these alerts is scanned the officer is notified and can take appropriate action. The system also
logs a photo of the vehicle and plate and records the date, time and the GPS location where the
plate was scanned. The data and photographs that are logged are stored in a database system
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that allows officers to search the system for leads on cases. The ALPR systems are capable of
capturing several hundred plates every hour.
A committee in the Elgin Police Department received product demonstrations from the four
most prevalent ALPR vendors. The demonstrations included officers riding in ALPR cars through
parts of Elgin and witnessing the capture abilities of the systems. Members of the committee
also reviewed the in car interfaces and the investigative interfaces for the systems. During
these demonstrations, the system from Vigilant Solutions, Inc. stood out as the front runner.
The speed of the system coupled with the user friendly interfaces made Vigilant the top choice.
The Vigilant solution is also unique in that they have a fleet of vehicles that scan plates in most
large metropolitan areas and make that data available as part of their ALPR solution. Another
unique feature to the Vigilant system is that they host all of the ALPR data in a secure cloud en-
vironment where the other systems require the agency to host and maintain their own server
and storage.
Vigilant Solutions installed an ALPR system on an Elgin Police squad car as part of a 30 day trial
period. During that trial, officers scanned thousands of plates and received multiple alerts on
wanted or other vehicles. Several arrests were made as a result of the system and the data
stored helped track down some wanted suspects where their addresses were not known.
The police department is seeking to purchase two of these units to be placed on marked police
vehicles. The department believes this will be a valuable tool and force multiplier to help make
Elgin officers more efficient. The funding for the project would come from drug asset forfeiture
which allows the department to use seized drug dealer money to help fight crime. Additionally,
Vigilant Solutions is providing one year of free access to their national database of private li-
cense plate recognitions systems (NVLS). NVLS is currently being used by detectives and has
been an extremely effective tool for solving crimes. The normal cost per year for NVLS is
$2,400.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The cost of purchasing two license plate recognition systems from Vigilant Solutions, Inc totals
$39,300. The city is receiving discounted pricing below what is provided to the Houston-
Galveston Area Council (H-GAC) buying consortium in addition to three years of free mainte-
nance. The maintenance cost beginning in year four will be $2,400 per year for both systems.
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BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
Drug Asset For- 250-0000-791.92-49 239570 $39,300 $39,300
feiture
LEGAL IMPACT
Section 5.02.020(B) of the General Provisions of the Procurement Ordinance permits "purchas-
es made pursuant to any joint purchasing program sponsored by the State or other governmen-
tal agency."
ALTERNATIVES
The city council may choose not to award the contract and delay upgrading the capabilities of
the fire engines.
NEXT STEPS
1. Sign the contract with Vigilant Solutions, Inc.
2. Order the license plate recognition systems.
3. Install the systems on two marked patrol vehicles.
4. Train officers on the use of license plate recognition systems.
Originators: Jeffrey Swoboda, Police Chief
Bill Wolf, Commander
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A. Vigilant Solutions, Inc. Proposal
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