On the agenda: University Park meeting — automated license plate (Aug 5)
Past ⚠ Agenda Watch University Park, Maryland · Wednesday, August 5, 2026 — 1 month ago
About this record
The published agenda for this August 5 meeting contains: "automated license plate", "Facial Recognition", "facial recognition". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda, word for word
Government public record — the full text of the published document, archived August 4, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗
Agenda
August 5, 2026
MEETING OF
UNIVERSITY PARK MAYOR AND COMMON COUNCIL
WILL BE HELD
VIA VIDEO AND AUDIO CONFERENCE
8:30 p.m.
August 5, 2026
SPECIAL SESSION
The meeting will take place at Town Hall in the conference room. This meeting will be
conducted as a hybrid meeting. Members of the public may only join the meeting virtually.
To join the meeting through Zoom, please use the link below.
Join Meeting:
https://us02web.zoom.us/j/89189649729?pwd=NVRweGplSStIdm5UYStTY0g4TFUydz09
To join with audio only, dial: (301) 715-8592
Meeting ID: 891 8964 9729
Passcode: 441152
Public Participation:
Participants who join the video/audio conference will be muted during the meeting except for Mayor,
Council, and staff. Participants can turn their video on during the meeting, so we can all see each other,
or can turn it off if they would rather.
1. CALL TO ORDER: Mayor Morrissey
Present:
Kussmaul
Gathercole
Kelby
Morgan
McGaughey
Godfrey
Lopez
2.
APPROVAL OF THE AGENDA
3.
PRESENTATION BY OBVIO
4.
OPEN FORUM
5.
ADJOURNMENT
Absent:
Kussmaul
Gathercole
Kelby
Morgan
McGaughey
Godfrey
Lopez
TOWN OF UNIVERSITY PARK
AGENDA ITEM COVER REPORT
Agenda Item # 3
Meeting Date: August 5, 2026
Item Title: Obvio Stop Sign Camera Threshold Designation and Other Contract Questions
Background/Justification:
To continue implementation of the Stop Sign Camera project with Obvio, an enforcement
threshold must be established and configured for each stop sign camera.
Currently, there are no state or federal regulations specifying an enforcement threshold for
stop sign camera systems. A vehicle that comes to a complete and lawful stop will register a
speed of 0 mph before proceeding through the intersection. However, camera and radar
systems may detect minimal movement due to measurement tolerances, normal vehicle creep,
or equipment calibration. Establishing a low, instead of 0 mph, enforcement threshold helps
minimize the potential for false violations while preserving the integrity and intent of stop sign
enforcement. In recognition of this, neighboring jurisdictions have generally adopted thresholds
ranging from 2 to 4 mph. This range has allowed them to control traffic activity even though not
requiring a measured complete stop.
There are several additional contract questions that may require further discussion.
Options/Alternatives: Pause the project to conduct more research.
Adopt a 0 mph enforcement threshold
Adopt a 2 to 4 mph enforcement threshold
Fiscal Impact: None. Project costs remain the same.
Committee Recommendation:
Staff Comments: None
Community Engagement: NA
Recommended Action: Motion: To determine and approve a _____ mph enforcement threshold.
Attachments:
Current draft of Obvio contract, including privacy/security provisions.
OBVIO INC.
STOP SIGN AUTOMATED TRAFFIC LAW ENFORCEMENT AGREEMENT
THIS STOP SIGN AUTOMATED TRAFFIC LAW ENFORCEMENT AGREEMENT
(the “Agreement”) is effective the _____ day of ______________, 2026 (“Effective Date”), by and
between THE TOWN OF UNIVERSITY PARK (the “Town”), a municipal corporation of the State of
Maryland, whose address is 6724 Baltimore Avenue Park, MD 20782 and OBVIO, INC., a foreign
corporation registered in Maryland, hereinafter referred to as “Obvio,” whose principal address is 388 El
Camino Real, San Carlos, CA 94070. Obvio and the Town are hereinafter individually referred to as a
“Party” and collectively referred to as “Parties”
WHEREAS, Obvio is in the business of providing and implementing stop sign automated traffic
law enforcement systems and the collection of any citations issued pursuant thereto; and
WHEREAS, the Town desires to engage Obvio to provide equipment, cameras hardware,
software, and maintenance crew (either itself or through its subcontractors) to identify and enforce
violations of the traffic control devices within the Town.
WHEREAS, pursuant to §2-115(D) of the Town Code, the Town is authorized to forego a full bid
process and to sign onto a contract that results from a bidding procurement process that is comparable to
that of the Town; and
WHEREAS, Obvio was a successful bidder on a bidding procurement process issued by the
Town of Berwyn Heights that is comparable to that of the Town; and
WHEREAS, the Parties desire to enter into this Agreement for the implementation of an stop
sign automated traffic law enforcement system and collection of citations for violations thereto, for certain
locations within the Town pursuant to this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the above
recitals which are by this reference incorporated herein, and for other valuable consideration received,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.
Appointment. The Town hereby engages Obvio, as an independent contractor and not as
an agent or employee of the Town, to provide a Stop Sign Automated Traffic Law Enforcement System
(“System”) for certain locations within the Town and Obvio hereby accepts such work, rights and
obligations, subject to the terms and provisions of this Agreement.
2.
Definitions and Interpretation. In the Agreement: (i) capitalized terms defined by
inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following capitalized
terms shall have the following meanings elucidated hereunder:
A.
"Authorized Agent" means the designated employee from the Police Department
of the Town, the Traffic Control Administrator or such other individual(s) as the Town shall designate to
review Potential Violations and to authorize the Issuance of Citations.
B.
"Authorized Violation" means each Potential Violation in the Violation Data for
which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized
Agent through the Automated Traffic Law Enforcement System provided by Obvio.
C.
"Citation" means the notice of Violation, which is mailed or otherwise delivered
by Obvio (either by itself or its appointed sub-contractors) to the violator on the appropriate Enforcement
Documentation in respect of each Authorized Violation.
D.
"Confidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is
connected with such Person, such Person's business or methods of operation or concerning any of such
Person's suppliers, licensors, licensees,
or others with whom such Person has a business relationship,
and which has current or potential value to such Person or the unauthorized disclosure of which could be
detrimental to such Person, including but not limited to: Matters of a business nature, including but not
limited to information relating to development plans, costs, finances, marketing plans, data, procedures,
business opportunities, marketing methods, plans and strategies, the costs of construction, installation,
materials, or components, the prices such Person obtains or has obtained from its clients or the Town, or
at which such Person sells or has sold its services; and Matters of a technical nature, including but not
limited to product information, trade secrets, know-how, formulae, innovations, inventions, equipment,
discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data,
access or security codes, compilations of information, test results and research and development projects.
For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive
interpretation of trade secrets. Notwithstanding the foregoing, Confidential or Private Information will not
include information that: (i) was generally available to the public or otherwise part of the public domain
at the time of its disclosure; (ii) became generally available to the public or otherwise part of the public
domain after its disclosure and other than through any act or omission by any Party hereto in breach of
this Agreement; (iii) was subsequently lawfully disclosed to the disclosing Party by a person other than
a Party hereto; (iv) was required by a court of competent jurisdiction to be disclosed; or (v) was required
by applicable state law to be disclosed.
E.
"Designated Location” means the Locations set forth in Exhibit A,
Services,
Description and Maintenance as attached hereto and such additional locations as mutually agreed between
the Parties from time to time.
F.
"Enforcement Documentation" means the necessary and appropriate
documentation related to the Stop Sign Automated Traffic Law Enforcement System, including but not
limited to Citation notices (using the specifications required by the Maryland Vehicle Code, and by any
specific ordinance(s), a numbering sequence for use on all Citation notices (in accordance with applicable
court rules), instructions to accompany each issued Citation, chain of custody records, criteria regarding
operational policies for processing Citations (including with respect to coordinating with the Department
of Motor Vehicles), and technical support documentation for applicable court and judicial officers.
G.
"Equipment" means any and all cameras, sensors, equipment, components,
products, software and other tangible and intangible property relating to the Stop Sign Automated Traffic
Law Enforcement System(s), including but not limited to all camera systems, and poles.
H.
"Fine" means the civil penalty
assessed for a Citation as authorized by law.
I.
"Governmental Authority" means any domestic or foreign government,
governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency,
commission or organization, and any subdivision, branch or department of any of the foregoing.
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J.
"Intellectual Property" means, with respect to any Person. any and all now
known or hereafter known tangible and intangible: (a) rights associated with works of authorship
throughout the world, including but not limited to copyrights, (b) trademark and trade name rights and
similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other property rights. (e) all
other intellectual and property rights (of every kind and nature however designated), whether arising by
operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals,
extensions, continuations, divisions or reissues hereof now or hereafter in force.
K.
"Intersection" means a conduit of travel (e.g., northbound, southbound,
eastbound or westbound) on which at least one (1) system has been installed by Obvio for the purposes
of facilitating Stop Sign Automated Traffic Law Enforcement System by the Town.
L.
"Operational Camera" means a camera that has been installed and is operational
and performing digital captures of traffic in the Intersection.
M.
"Operational Period" means the period of time during the Term, commencing
on the “GO LIVE” Date, during which the Automated Traffic Law Enforcement System is functional in
order to permit the identification and prosecution of Violations at the Designated Intersection Approaches
and the issuance of Citations for such approved Violations using the Automated Traffic Law Enforcement
System.
N.
"Person" means a natural individual, company, Governmental
partnership, firm, corporation, legal entity or other business association.
Authority,
O.
"Potential Violation" (generally referred to as an event) means, with respect to
any motor vehicle passing through a Designated Location, the data collected by the Automated Traffic
Law Enforcement System with respect to such motor vehicle, which data shall be processed by the
Automated Traffic Law Enforcement System for the purposes of allowing the Authorized Agent to
review such data and determine whether a Traffic Violation has occurred and a citation will be issued.
P.
"Proprietary Property" means, with respect to any Person,
any written or
tangible property owned or used by such Person in connection with such Person's business, whether or
not such property is copyrightable or also qualifies as Confidential Information, including without
limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda,
reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements,
literature, correspondence, spreadsheets, computer programs and software, computer printouts, other
written and graphic records and the like, whether originals, copies, duplicates or summaries thereof,
affecting or relating to the business of such Person, financial statements, budgets, projections and invoices,
and any information so identified by the Person.
Q.
"Stop Sign Automated Traffic Law Enforcement System" means, collectively,
all of the other equipment, applications, back office processes and traffic enforcement cameras, sensors,
components, products, software and other tangible and intangible property relating including but not
limited to the process by which the monitoring, identification and enforcement of Violations is facilitated
by the use of certain equipment, applications and back office processes of Obvio, including but not limited
to cameras, central processing units which, collectively, are capable of measuring Violations and
recording such Violation data in the form of photographic images and videos of motor vehicles for
automated traffic law enforcement.
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R.
R. "Violation" means a violation of the Maryland Vehicle Code, captured by an
Automated Traffic Law Enforcement System, or an automated traffic law violation as defined therein.
S.
"Violation Criteria" will be as per written in Maryland state law
T.
"Violations Data" means the images and other Violations data gathered by the
Automated Traffic Law Enforcement System at the Designated Location(s).
U.
"Traffic Compliance Administrator" means the Traffic
Administrator described in the municipal code of the Town.
Compliance
3. Services. Obvio will provide the Stop Sign Automated Traffic Law Enforcement System
and Program
by installing Automated Traffic Law Enforcement Systems at Designated Locations in
the Town, and such other services as set forth in Exhibit A,
Services, Description, Maintenance
attached hereto and incorporated by reference, along with the maintenance of such Automated Law
Enforcement Systems (“Services”).
4. Change Request. The Town may from time to time request changes to the Services
required to be performed or the addition of products or services to those required pursuant to the terms of
this Agreement by providing written notice thereof to Obvio. Upon Obvio's receipt of the requested
change, Obvio shall deliver a written statement describing the effect, if any,
the proposed changes
would have on the pricing of this Agreement. Following the Town's receipt of the new pricing, the Parties
shall negotiate to implement the proposed changes, the time, manner and amount of payment or price
increases or decreases, as the case may be, and any other matters relating to the proposed changes. If the
Town and Obvio fail to reach an agreement with respect to any of the proposed changes it shall not be
deemed to be a breach of this Agreement.
5.
Term, Termination.
A. Term. This Agreement shall commence on the Effective Date and remain in effect for
three (3) years following Installation (“Initial Term”). The Agreement
may be renewed by the
Town for up to two (2) additional consecutive one-year Renewal Terms .
B. Termination.
Either Party shall have the right to terminate this Agreement, without cause or cost, with
sixty (60) days written notice to the other Party. Notwithstanding the foregoing, if Town terminates
this Agreement without cause during the first eighteen (18) months of the Agreement, except as provided
in subparagraph C below, the Town shall reimburse Obvio in an amount equal to the cost (the "Cost"),
as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment cost
and salvageable material costs) solely associated with the installation of Designated Locations which
have been installed prior to termination. Obvio shall provide an itemization, with supporting invoices
and labor expense documentation, to the Town of the amount of the direct labor costs and direct material
costs (but not including equipment costs and salvageable material costs) solely associated with the
Designated Intersection, said amount is expected to be in the range of $10,000 to $20,000 per Designated
Intersection, but in no event shall said amount exceed $20,000 per Designated Intersection. After the first
eighteen (18) months of the Agreement, the Town shall not be liable or responsible to Obvio for any
costs in the event it terminates the Agreement without cause, including costs for labor, installation or
removal of the Equipment.
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Either Party shall have the right to terminate this Agreement immediately by written
notice to the other if (1) the applicable laws are amended to prohibit or substantially change the operation
of automated traffic law enforcement systems;
(2) any court having jurisdiction over the Town rules,
or state or federal statute declares the results from Obvio's automated traffic law enforcement systems are
inadmissible in evidence; or (3) the other Party commits any material breach of any of the provisions of
this Agreement which breach is not remedied within fourteen (l4) days after written notice from the Party
setting forth in reasonable detail their reasons for the alleged breach. If the Agreement is terminated due
to change in applicable law or decisions of the court, the Town shall not be liable to Obvio for any
reimbursement costs or expenses as provided in this Agreement.
The termination of this Agreement shall not relieve either Party of any liability that accrued
prior to such termination. Any terms that by their nature should survive the termination/ expiry of this
Agreement shall survive the termination/expiry of the Agreement, including Sections 6, 7, 12, 13, 15, 18,
and 19.7 (A, B, C, D, E, F, G, H, I, K, L, M).
On termination and/or expiry of this Agreement, the Town shall immediately cease using the
Stop Sign Automated Traffic Law Enforcement System provided pursuant to this Agreement and also
immediately stop using any other Intellectual Property of Obvio, deliver to Obvio any and all Proprietary
Property of Obvio provided to the Town pursuant to this Agreement and promptly approve payment of
any and all undisputed fees, charges and amounts due to Obvio for services performed prior to the
termination.
Within one hundred and twenty (120) days of termination, or such other time as the Parties
mutually agree, Obvio shall remove any and all Equipment, hardware and software Obvio installed in
connection with Obvio's performance of its obligations under this Agreement, and shall restore the
Designated Locations to substantially the same condition they were in prior to this Agreement.
Upon expiration or termination of this Agreement, Obvio shall, upon request of the Town, provide the
Town with a reasonably usable electronic copy of retained Town Data and shall permanently delete all
remaining Town Data within sixty (60) days, except to the extent retention is required by applicable law.
Upon request, Obvio shall provide written certification confirming completion of such deletion.
6. Compensation, Payment Terms. Compensation and Payment terms shall be as per
Exhibit B, Payment Terms and Compensation, attached hereto and incorporated by reference.
7.
License to access the Stop Sign Automated Traffic Law Enforcement System.
A. Subject to the terms and conditions of this Agreement, Obvio hereby grants to the
Town, a non-exclusive, non-transferable license during the Term of this Agreement to: (i) solely within
the Town, access and use of the Obvio Automated Traffic Law Enforcement System for the sole purpose
of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of the
Violations Processing Service Agreement that the parties intend to enter into (the "Service Agreement"),
the terms of which shall be included herein by way of reference upon execution, a sample of which is
attached here as Exhibit C and (ii) use the name Obvio, with the approval by Obvio, on or in marketing,
public awareness or education, or other publications or materials relating to the Automated Traffic Law
Enforcement System.
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B. The Town hereby acknowledges and agrees that Obvio is the sole and exclusive owner
of the Automated Traffic Law Enforcement System provided by Obvio, the name Obvio, the mark and
any and all Intellectual Property arising from or relating to the System.
C. The Town hereby covenants and agrees that it shall not make any modifications to the
Automated Traffic Law Enforcement System provided by Obvio, alter, remove or tamper with any Obvio
trademarks, or any other Intellectual Material; use any trademarks or other Intellectual Material in
connection without first obtaining the prior written consent of Obvio, or perform any type of reverse
engineering to the Obvio’s Automated Traffic Law Enforcement System.
D. Obvio shall have the right to take whatever action it deems necessary or desirable to
remedy or prevent the infringement of any Intellectual Property of Obvio, including without limitation
the filing applications to register as trademarks in any jurisdiction any of the Obvio Marks, the filing of
patent application for any of the Intellectual Property of Obvio, and making any other applications or
filings with appropriate Governmental Authorities. The Town shall not take any action to utilize its own
name or make any registrations or filings with respect to any of the Obvio Marks or the Intellectual
Property of Obvio without the prior written consent of Obvio.
8.
Non-Productive Cameras. A camera will be declared as a non-productive camera, if
either Party
determine that a camera
is not economical (does not cover the cost of program )
and/or has not reached the desired safety goals. A new location for a non-productive camera may be
selected through mutual consultation between Obvio and the Town subject to applicable legal
requirements for approving such locations. Any costs that may be associated with moving such nonproductive camera to a new location shall be mutually discussed by the parties.
In the event
no feasible location is identified and agreed upon between the P
arties, the camera will be removed
from the Town within one-hundred and twenty (120) calendar days after the receipt of the written notice.
Obvio shall remove any and all Equipment, hardware and software, and shall restore the Designated
Locations to substantially the same condition they were in prior to this Agreement. .
9.
LIMITED WARRANTY (SYSTEM). EXCEPT AS OTHERWISE PROVIDED IN
THIS AGREEMENT, OBVIO MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OBVIO AUTOMATED
TRAFFIC LAW ENFORCEMENT SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT
TO THE RESULTS OF THE TOWN'S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING
ANYTHING TO THE CONTRARY SET FORTH HEREIN, OBVIO DOES NOT WARRANT THAT
ANY OF THE DESIGNATED INTERSECTION EQUIPMENT OR THE AUTOMATED TRAFFIC
LAW ENFORCEMENT SYSTEM WILL OPERATE IN THE WAY THE TOWN SELECTS FOR USE,
OR THAT THE OPERATION OR USE OF THE STOP SIGN AUTOMATED TRAFFIC LAW
ENFORCEMENT SYSTEM
WILL BE UNINTERRUPTED. THE TOWN HEREBY
ACKNOWLEDGES THAT THE OBVIO PHOTO AUTOMATED TRAFFIC LAW ENFORCEMENT
MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS
AGREEMENT, OBVIO SHALL DILIGENTLY ATTEMPT TO CORRECT ANY SUCH
MALFUNCTION IN A TIMELY MANNER.
10.
Representation and Warranties.
A. Representation and Warranties of Obvio. Obvio hereby represents and warrants that
it has all right, power and authority to execute and deliver this Agreement and perform its obligations
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hereunder; and ( any and all services provided by Obvio pursuant to this Agreement shall be performed
in a professional and workmanlike manner and with respect to the installation and operation of the Stop
Sign Automated Traffic Law Enforcement System, subject to applicable law, and in compliance with all
specifications as agreed to between the Parties.
B. Representation and Warranties of the Town. The Town hereby represents and
warrants that (1) it has all right, power and authority to execute and deliver this Agreement and perform
its obligations hereunder (i.e. the passing of a Resolution or ordinance to enter into this Agreement); and
(2) any and all services provided by the Town pursuant to this Agreement shall be performed in a
professional and workmanlike manner.
11.
Sub-Contractors. Town understands and agrees that Obvio
may use sub-contractors
for execution of the Services as described in this Agreement, upon prior
notice to
the Town.
Obvio fully understands and agrees that it shall not be relieved from any of its obligations or liabilities
which have accrued towards the Town.
Obvio covenants to be liable for the acts or omissions of its
employees, associates, partners, agents and subcontractors. In the event, any specific agreement and/or
document that needs to be executed by such sub-contractors, then, the same will be routed through Obvio.
Any subcontractor shall provide the same level and proof of insurance as required of Obvio herein.
12.
Confidentiality.
The Town acknowledges and agrees that all materials, documents and information including,
without limitation, trade secrets, inventions, intellectual property rights, know-how and information
relating to the technology, customers, potential customers, business plans, promotional and marketing
activities, finances and other business affairs of Obvio are the exclusive property of Obvio and the Town
will have no rights, by license or otherwise, to disclose, exploit or use such information, intellectual
property or technology, except as set forth in this Agreement. Notwithstanding the foregoing, the Town
may disclose Obvio’s confidential information to the extent required by the Maryland Public Information
Act or other applicable law. Obvio shall mark any information that it wishes to remain “confidential” or
“proprietary” before providing the information to the Town. In the event that, pursuant to the Maryland
Public Information Act or other process, the Town receives a request for information that has been so
marked by Obvio, and the Town agrees that the information may be exempt from disclosure under
Maryland law, then the Town will not disclose the information and will notify the Obvio of the request.
Obvio’s failure to so mark any information, document or other materials shall not deprive it of confidential
status. Obvio agrees to keep confidential the data provided by the Town or obtained by Obvio on the
Town’s behalf.
To the extent allowed by law, unless information has already been released in the public domain,
neither Party shall disclose to any third person, or use for itself in any way for pecuniary gain, any
Confidential Information obtained from the other Party during the course of the negotiations for this
Agreement or during the Term of this Agreement. Upon termination of this Agreement, each Party shall
return to the other all tangible Confidential Information of such party. Neither Party shall disclose to any
third party any Confidential Information without the other Party's express written consent. Exceptions
are limited to its employees who are reasonably required to have the Confidential Information, agents,
representatives, attorneys and other professional advisors that have a need to know such Confidential
Information, and where disclosure is required pursuant to laws relating to disclosure of public records by
governmental authorities.
Notwithstanding any other provision herein, Obvio shall not sell, license, monetize, or otherwise
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use Violations Data, citation data, or any other data collected through the Program for any purpose
other than for: traffic safety enforcement; citation processing; payment processing; and legally
required program administration. Notwithstanding the foregoing, Obvio may use or disclose data
collected through the Program: (a) in connection with other programs authorized in writing by the
Town; and (b) for the investigation and prosecution of criminal offenses by local and state law
enforcement agencies, pursuant to lawful requests and in accordance with Section 4 of this
Addendum.
This restriction applies to Obvio and all subcontractors engaged pursuant to Section 11 of
the Principal Agreement. Any use of program data beyond the purposes listed above shall
constitute a material breach of the Principal Agreement.
13.
Indemnification, Limitation of Liability.
A. Subject to and without waiving common law and other governmental immunities and
the provisions of §5-301 et seq. and §5-507, Local Government Tort Claims Act, Courts and Judicial
Proceedings Article, Annotated Code of Maryland, Town hereby agrees to defend and indemnify and hold
harmless Obvio and its affiliates, shareholders or other interest holders, managers, officers, directors,
employees, agents, representatives and successors, permitted assignees and all persons acting by, through,
under or in concert with them (including but not limited to the supplies of equipment, installers and any
other subcontractors) (collectively the "Obvio Parties"), or any of them against, and to protect, save and
keep harmless from, and to pay on behalf of or reimburse them as and when incurred for, any and all
Losses which may be imposed on or incurred by any Obvio Party or equipment provided and/or installer
arising out of or in any way related to: (1 ) any material representation, inaccuracy or breach of any
covenant, warranty or representation of the Town contained in this Agreement; (2 ) the negligence or
wilfull misconduct of the Town, its employees', contractors or agents which result in
injury to any
natural person (including third parties) or any damage to any real or tangible personal property (including
the personal property of third parties), except to the extent caused by the negligence or wilfull misconduct
of any Obvio Party.
Any claim, action or demand not caused by Obvio's failure to perform its obligations under
this Agreement or Obvio’s negligence or willful misconduct; or any claim, action or demand challenging
the Town's use of the Stop Traffic Automated Traffic Law Enforcement System or any portion thereof,
the validity of the results of the Town's use of the Automated Traffic Law Enforcement System or any
portion thereof; validity of the Citations issued, prosecuted and collected as a result of the Town's use of
the Automated Traffic Law Enforcement System provided by Obvio.
B. Obvio hereby agrees to defend and indemnify and hold harmless the Town, its former
and current appointed and elected officials, Mayor, Council Members, employees, engineers, volunteers,
managers, officers, directors, representatives and successors, permitted assignees and each of their
affiliates, and all persons acting by, through, under or in concert with them or any of them (the "Town
Parties"), against, and to protect, save and keep harmless the Town Parties from, and to pay on behalf of
or reimburse the Town Parties as and when incurred for, any and all liabilities, obligations, losses,
damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and
disbursements (including reasonable attorneys' fees and court costs) of whatever kind and nature, which
may be imposed on or incurred by any Town Party arising out of or related to: (a) any material
misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Obvio contained
in this Agreement; (b) the negligence or willful misconduct of Obvio, its employees or agents which result
in death or
injury to any natural person (including third parties) or any damage to any real or tangible
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personal property (including the personal property of third parties), except to the extent caused by the
negligence or willful misconduct of the Town Parties ; or (c) any claim, action or demand not caused
by the Town's failure to perform its obligations under this Agreement.
C. Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable
to the other, by reason of any representation or express or implied warranty, condition or other term or
any duty at common or civil law, for any lost profits; indirect, incidental, or consequential damages,
however caused.
D. In the event of any claim, action or demand in respect of which any Party hereto seeks
indemnification from the other, the Party seeking indemnification shall give the Party from whom
indemnification is being sought written notice of such Claim promptly after the Indemnified Party first
becomes aware. The Party from whom indemnification is being sought shall have the right to choose
counsel to defend such Claim
and to control, and settle such Claim. The Party
seeking
indemnification
shall have the right to participate in the defense at its sole expense.
E. During the term of this Agreement, Obvio shall procure and maintain, at Obvio's sole cost and expense,
the insurance coverages set forth in
Exhibit D attached hereto and made a part hereof.
14.
Violation Processing. Under this Agreement, Violation shall be processed as follows:
A. All Violations Data shall be stored on the Obvio System.
B. Obvio shall process the Violation Data gathered from the Designated Intersection(s)
into a format capable of review by the Authorized Agent.
C. Obvio shall provide the Authorized Agent with access to the Obvio System for the
purposes of reviewing the pre-processed Violations Data within fourteen (14) days of the gathering of the
Violations Data from the applicable Designated Intersection(s).
D. Thereafter, the Town shall cause the Authorized Agent to review the Violations Data
and to determine whether a citation shall be issued with respect to each Potential Violation captured
within such Violation Data, and transmit each such determination using the software or other applications
or procedures provided by Obvio on the Automated Traffic Law Enforcement System.
E. Obvio hereby acknowledges and agrees that the decision to issue a citation shall be the
sole, unilateral and exclusive decision of the Authorized Agent and shall be made in such Authorized
Agent's sole discretion (a "Citation Decision"), and in no event shall Obvio have the ability or
authorization to make a citation decision. Any claims relating to Citation Decisions shall be addressed in
accordance with Section 13.2 (Indemnification, Limitation of Liability). Further, the Town shall be
obligated to execute all violations (citations) sent out on its’ behalf.
15.
Dispute Resolution. Upon the occurrence of any dispute or disagreement between the
Parties hereto arising out of or in connection with any terms or provision of this Agreement, the subject
matter hereof, or the interpretation or enforcement hereof (the ''Dispute"), the Parties shall engage in
informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written
notice of either Party, each of the Parties will appoint a designated officer whose task it shall be to meet
for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the
Parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the Parties are
unable to resolve the Dispute within ninety (90) calendar days, and in the event that either of the Parties
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concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute
is not reasonably likely, then the Parties are free to pursue any and all remedies available to them by law.
16.
Relationship between the Parties. Nothing in this Agreement shall create, or be deemed
to create, a partnership, joint venture or the relationship of principal and agent or employer and employee
between the Parties. The relationship between the Parties shall be that of independent contractors, and
nothing contained in this Agreement shall create the relationship of principal and agent or otherwise
permit either Party to incur any debts or liabilities or obligations on behalf of the other Party (except as
specifically provided herein). The payment obligations as set forth in this Agreement shall not create any
“revenue sharing” arrangements between the Parties.
17.
Force Majeure. Neither Party will be liable to the other or be deemed to be in breach of
this Agreement for any failure or delay in rendering performance arising out of causes beyond its
reasonable control and without its fault or negligence. Said causes may include but are not limited to, acts
of God, or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine
restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused
by any act or omission by Obvio, and unusually severe weather. The Party whose performance is affected
agrees to notify the other promptly of the existence and nature of any delay.
18. Other Payments; Expenses; Taxes. The Town will not be responsible for any cost or
expenses of operation of any kind associated with Obvio’s provision of services pursuant to this
Agreement, except as set out herein. Obvio shall be entitled to no fees, bonuses, contingent payments, or
any other amount in connection with the services to be rendered hereunder except as set out herein. The
parties hereto further agree that the Town shall have no obligation to reimburse, pay directly or otherwise
satisfy any expenses of Obvio in connection with the performance of his obligations under this Agreement
except as set out herein.
It is expressly understood and acknowledged by the parties hereto that the fees payable hereunder
shall be paid in the gross amount, without reduction for any Federal or State withholding or other payroll
taxes, or any other governmental taxes or charges. The parties hereto further recognize that Obvio, as an
independent Contractor of the Town, is responsible for directly assuming and remitting any applicable
Federal or State withholding taxes, estimated tax payments, Social Security payments, unemployment
compensation payments, and any other fees, taxes, and expenses whatsoever. In the event that Obvio is
deemed not to be an independent Contractor by any local, state or federal governmental agency, Obvio
agrees to indemnify and hold harmless the Town for any and all taxes, charges, fees, costs and expenses,
including, but not limited to, reasonable attorneys’ fees incurred thereby . The Town is a non-taxable
entity.
19.
Data Retention and Deletion Policy. Obvio shall maintain the following written
data retention and deletion policy:
A.
Non-Violation Video Data.
Non-violation video data shall be stored
locally on the device for no more than twenty-four (24) hours, after which it shall be automatically
overwritten. The Town may request a shorter retention period to the extent permitted by applicable
law.
B.
Violation Clip Data. When a potential violation is detected, only the associated
short video clip shall be securely transmitted to cloud storage for law enforcement review. If a citation
is rejected by the Authorized Agent, the corresponding video shall be promptly deleted.
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C.
Approved Citation Data. Data corresponding to approved citations shall
be retained in accordance with the Town's retention schedule and applicable Maryland statutes.
D.
Notice of Policy Changes.
Any proposed material change to the data
retention and deletion policy must be approved by the Town.
20.
Prohibition on Generalized Vehicle Tracking
Town Data shall not be used to create, contribute to, support, or enhance any generalized
automated license plate reader database, vehicle movement database, hotlist system, behavioral
profiling system, or cross-jurisdiction vehicle tracking system.
Nothing in this Agreement shall authorize the use of the System for generalized law enforcement
surveillance unrelated to stop sign enforcement activities authorized by the Town.
21.
Prohibition on Facial Recognition and Biometric Identification
Obvio shall not use facial recognition technology, biometric identification technology, occupant
identification technology, gait recognition technology, or similar technologies on any image or
video collected pursuant to this Agreement, nor shall Obvio attempt to identify vehicle
occupants.
22.
Restrictions on Disclosure and Sharing
Obvio shall not disclose, transfer, provide access to, or share Town Data with any third party
except:
A. as reasonably necessary to perform services expressly authorized under this Agreement;
B. to subcontractors approved by the Town and contractually bound to equivalent privacy,
confidentiality, retention, and security obligations;
C. pursuant to a valid subpoena, court order, warrant, or other compulsory legal process; or
D. as otherwise expressly authorized in writing by the Town.
Unless prohibited by law, Obvio shall promptly notify the Town of any subpoena, warrant, court
order, or compulsory legal request seeking disclosure of Town Data.
23.
Access Logging and Audit Rights
Obvio shall maintain logs documenting access to Town Data, including the identity of the user
accessing the data, the date and time of access, the type of data accessed, and the action
performed.
The Town shall have the right, upon reasonable notice, to audit Obvio’s compliance with the
requirements of this Section, including review of applicable access logs and retention practices.
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24.
Data Security
Obvio shall maintain commercially reasonable administrative, technical, and physical safeguards
designed to protect Town Data from unauthorized access, disclosure, destruction, loss, alteration,
or misuse.
Such safeguards shall include encryption of Town Data in transit and at rest, role-based access
controls, multi-factor authentication for administrative access, and secure deletion procedures.
25.
Security Incident and Breach Notification. In the event of a confirmed or
reasonably suspected unauthorized access to, acquisition of, or disclosure of, program
data, Obvio shall:
A. notify the Town in writing within forty-eight (48) business hours of Obvio's
discovery of the incident;
B. include in such notice: (i) a description of the nature of the incident; (ii) the data
and systems potentially affected; (iii) the approximate date and time of discovery;
and (iv) the steps Obvio has taken or intends to take to contain and remediate the
incident;
C. provide the Town with written updates as material new information becomes
available; and
D. cooperate fully with the Town in any reasonable investigation or remediation effort.
Obvio's breach notification obligations under this Section survive 3 years post the
termination of the Agreementwith respect to any incident occurring during the Term.
26. Subcontractor and Third-Party Data Restrictions. All sub-contractors,
payment processors, and third-party service providers engaged by Obvio in connection
with the Principal Agreement, shall be bound by written agreements which shall at
minimum provide the following:
A. restrict their use of program data solely to the specific services for which they are engaged;
B. prohibit the sale, sharing, or disclosure of program data to any other party for any
purpose;require data security standards no less protective than those Obvio
maintains under the Principal Agreement; and
C. require such third parties to promptly notify Obvio of any security incident
involving program data, so that Obvio may fulfill its notification obligations to the
Town under Section 25 of this Agreement.
Upon written request by the Town, Obvio shall provide a written summary of the
applicable data use restrictions governing any such third-party arrangement. Obvio shall
remain fully responsible to the Town for the acts and omissions of all sub-contractors and
third-party service providers with respect to the obligations set forth in this Section,
consistent with Section 10 of the Principal Agreement.
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27..
Miscellaneous.
A. Notices. All notices under this Agreement will be in writing and will be deemed
to have been duly given when received, if personally delivered; when receipt is electronically
confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified mail, return receipt
requested. All notices will be provided to the email or mailing address listed in this Agreement.
B. Assignment. Neither Party may assign all or any portion of this Agreement
without the prior written consent of the other, which consent shall not be unreasonably withheld
or delayed. Provided, however, the Town hereby acknowledges and agrees that delivery and
performance of Obvio's rights pursuant to this Agreement may require Obvio to engage certain
sub-contractors, and further, may require a significant investment by Obvio, and that in order to
finance such investment, Obvio may be required to enter into certain agreements or arrangements
including, but not limited to, acknowledgments and/or consents with equipment lessors, banks,
financial institutions or other similar persons or entities. Town hereby agrees that Obvio shall
have the right to assign, pledge, hypothecate or otherwise transfer its rights to the equipment.
Town further acknowledges and agrees that in the event that Obvio provides written notice to the
Town that it intends to Transfer all or any of Obvio's rights pursuant to this Agreement, and in the
event Town fails to provide such approval or fails to object to such Transfer within thirty (30)
calendar days after its receipt of such notice from Obvio, then for the purposes of this Agreement,
the Town shall be deemed to have consented to and approved such Transfer.
C. Audit. Each of the Parties hereto shall have the right to audit the books and
records of the other Party hereto (the “Audited Party'') solely for the purpose of verifying the
collection of Citation payments, the payment of compensation to Obvio and the payment of fines
to the Town. Any such audit shall be conducted upon not less than three (3) business days prior
notice, at mutually convenient times and during the normal business hours. In the event any such
audit establishes any underpayment of any payment by the Audited Party, payable pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall. In the event any such
audit establishes any overpayment by the Audited Party, the non-Audited Party shall promptly
pay the amount of the excess to the Audited Party. The Party requesting the audit shall be solely
responsible for the expenses of any audit it requests, except that, in the event that such an audit
establishes that the Audited Party has underpaid any amount owed for a particular month by more
than five percent (5%), the cost of such audit shall be borne by the Audited Party.
D. Injunctive Relief; Specific Performance. The Parties hereby agree and
acknowledge that a breach of License, Restricted Use or Confidentiality of this Agreement would
result in severe and irreparable injury to the other Party, which injury could not be adequately
compensated by an award of money damages, and the Parties therefore agree and acknowledge
that they shall be entitled to injunctive relief in the event of any breach of any License, Restricted
Use or Confidentiality provisions of this Agreement
E. Remedies Cumulative. Each and all of the several rights and remedies provided
for in this Agreement shall be construed as being cumulative and no one of them shall be deemed
to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of
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any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other
remedy.
F. Jurisdiction. Subject to the Dispute Resolution, any Dispute arising out of or
in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of
the State Courts of the State of Maryland located in Prince George’s County, and both Parties
specifically agree to be bound by the jurisdiction and venue thereof.
G. Entire Agreement. This Agreement along with violation processing agreement,
Exhibits, schedules, etc represents the entire Agreement between the Parties, and there are no
other agreements whether written or oral, which affect its terms. This Agreement may be amended
only by a subsequent written agreement signed by both Parties.
H. Severability. If any term or provision of this Agreement shall be held invalid
or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and
each term and provision of this Agreement shall be enforced to the original intent for the
Agreement.
I.
Waiver. Any waiver by either Party of a breach of any provision of this
Agreement shall not be considered as a waiver of any subsequent breach of the same or any other
provision thereof.
J. Headings. The headings of the sections contained in this Agreement are
included herein for reference purposes only, solely for the convenience of the parties hereto, and
shall not in any way be deemed to affect the meaning, interpretation or applicability of this
Agreement or any term, condition or provision hereof.
K. Binding Effect. This Agreement shall incur to the benefit of and be binding
upon all of the Parties hereto and their respective executors, administrators, successors and
permitted assigns.
L. Compliance with Laws. Nothing contained in this Agreement shall be
construed to require the commission of any act contrary to law, and whenever there is a conflict
between any term, condition or provision of this Agreement and any present or future statute, law,
ordinance or regulation contrary to which the Parties have no legal right to contract, the latter shall
prevail, but in such event the tenet, condition or provision of this Agreement affected shall be
curtailed and limited only to the extent necessary to bring it within the requirement of the law,
provided that such construction is consistent with the intent of the Parties as expressed in this
Agreement.
Obvio shall comply with all applicable federal, state, and local laws governing automated
traffic enforcement systems, automated enforcement records, personally identifiable information,
recorded images, motor vehicle information, cybersecurity, and public records, including but not
limited to the Maryland Transportation Article, the Maryland Public Information Act, and
applicable provisions of the Maryland Public Safety Article, as amended from time to time.
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M. Execution and Counterparts. This Agreement may be executed in any
number of counterparts, each of which when so executed and delivered shall be deemed an
original, and all of which together shall constitute one and the same agreement. Execution of a
facsimile or scanned copy or via an e-signing platform will have the same force and effect as
execution of an original, and a facsimile or scanned signature will be deemed an original and valid
signature.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly
executed on the day and year first above written
Obvio Inc.
By: ____________________________
Name: Dhruv Maheshwari
Title: President
Witness:
Mayor and Common Council
Town of University Park
By: ________________________________
By: _____________________________
T'Alicandra Hegeman, Town Clerk
Laurie K. Morrissey, Mayor
APPOVED AS TO FORM ANDLEGAL SUFFICIENCY
By:________________________________
Suellen M. Ferguson, Town Attorney
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EXHIBIT A
Services, Description, Maintenance
1.
Feasibility Studies.
● Obvio will perform certain feasibility studies (at no cost to the Town) to study specific
intersection(s). This study is a tool to localize the data for a particular Town in order to
optimize the designated locations and start the Automatic Traffic Violation Program in the
said Town.
2.
Designated Locations.
● Obvio and the Town, through its Police Chief or his/her designee, will mutually agree
upon the Identification Locations to be enforced pursuant to this Agreement, which
Locations will be based on community safety and traffic needs as determined by the Town.
The Designated Locations shall be set forth on a supplement to this Exhibit A, which shall
be read by way of reference in this Agreement.
3.
Construction and Installation.
● Obvio will install and activate the Stop Sign Automated Traffic Law Enforcement System
at Designated Locations in accordance with an implementation plan to be mutually agreed
to by Obvio and the Town.
● Obvio will use reasonable commercial efforts to install the Stop Sign Automated Traffic
Law Enforcement
System in accordance with the schedule set forth in the
implementation plan that will be formalized at the time of project commencement.
● Obvio will use reasonable commercial efforts to install and activate the first specified
intersection within the first ninety (90) days from Notice to Proceed. The Town agrees that
the estimated timeframe for installation and activation is not guaranteed.
● The Town will use good faith efforts to assist in the timely approval of permit requests
made by Obvio. The Town will provide Town engineers to review Obvio permit requests
and all documentation within ten (10) business days after receipt. Obvio will make any
necessary revisions to such permit applications and resubmit to the Town or other issuing
agencies within five (5) business days after receipt of comments by the Town.
4.
Training.
● Obvio shall provide training for personnel of the Town, including but not limited to the
persons who Town shall appoint as Authorized Agents and other persons involved in the
administration of the Automated Traffic Law Enforcement System. Training shall include
training with respect to the Obvio Automated Traffic Law Enforcement System and its
operations, presenting Violations Data in court and judicial proceedings and a review of
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the Enforcement Documentation. Training for individuals other than the Originally Trained
Officers or their replacements may be an extra cost to be agreed to by the Parties before
training shall be provided.
5.
Repair and Maintenance.
● All repair and maintenance and related costs of the Automated Traffic Law Enforcement
System shall be the sole responsibility of Obvio as they are the sole owner of all of the
related equipment utilized in the Automated Traffic Law Enforcement System. Such
maintenance shall include but not be limited to maintaining the casings of the cameras
included in the Obvio System and all other equipment in functional condition. Any damage
to the Automated Traffic Law Enforcement System due to vandalism, traffic accidents etc.,
shall not be the liability of Obvio, and all repair and maintenance cost for the same shall
be paid from the sums received by the Town from issuance of citations .
● The provision of, and all costs associated with, all necessary communication, broadband
and telephone services and equipment to the Designated Intersection shall be the sole
responsibility of Obvio.
● Obvio aims to respond to any notice of a non-functioning system within 48 hours. Obvio
will assess and provide maintenance services in a commercially reasonable timeframe.
6. The initial approved locations for placement of stop sign cameras is as follows:
•
41st and Tennyson Rd NE
•
College Heights Dr. NE and Wells Pkwy
•
Underwood St. S and Beechwood Rd
•
Woodberry St. S and Queens Chapel Rd
•
Pineway S and Claggett Pineway
•
Wells Pkwy E and Calverton Dr
•
44th Ave N and Sheridan
•
Van Buren St NW and 44th
Additions to this list must be approved by the Mayor and Council.
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EXHIBIT B
Payment Terms & Compensation
● Stop Sign Automated Traffic Violation Program. Subject to the installation and
maintenance costs, the Stop Sign Automatic Traffic Violation Program (“Program”) is a
cost neutral program that is set up for the Town. The costs for the Program shall be
recovered from the
Citations
that are issued pursuant to the Violation Processing
Agreement. In the event
the fee for the Program exceeds the collections from the
Citations
, then, only the revenue so generated and recovered shall be charged to the
Town, and the remaining fee shall be rolled over to the following month. If it is the last
month of the contract, the fee will be waived. The Fee shall be exclusive of any taxes. Each
Party shall bear their own taxes.
CALCULATION FOR AUTOMATED TRAFFIC VIOLATION FEE
Within the cost neutral program, payment is to be made as per the payment terms stated below:
● Hardware Leasing Fee: $1000 monthly, per camera
● This cost includes the maintenance of the camera system.
● AND Violation Processing Charge: $10 per Processed Violation shall be charged to
the Town, where:
● A processed violation is a violation that is prepared and ready for Law Enforcement
Approval
● This charge covers all costs associated with:
■ Pre-citation Tasks/Services:
● Capture and Review of Evidence
● Registered Owner Name/Address Retrieval
● Submittal of Violation Evidence Package for Police Approval
● Post-citation Tasks and Services:
■ Printing & mailing of citations;
■ Payment processing, including check/credit card processing
■ Digital Evidence Retention of all notices, recipient correspondence
and court proceedings;
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■ Support of adjudication in all court proceedings
● Customer Services:
■ Client services offered by Obvio including a toll-free number, call
center hearing scheduling, live operator violation status, and
payment support services;
■
Flagging Services: Flagging of unpaid Citations with MVA and
removal of flags upon receipt of payment
● Delinquency Collection Fee: Collections agency will take 25% for each
citation it is able to collect on.
● In the event of a non-functioning system, where the system is not appropriately performing
the services as described above:
● If the camera is non-functioning, due to equipment or software malfunctions, Obvio
will provide a credit in the amount of $50 per day (up to 14 calendar days); if the
non-functioning period extends beyond 14 days, the entire monthly maintenance &
hardware fee will be waived. As there will be no tickets processed & issued, there
will be no violation processing charges during this period. Any balance due from
previous months will roll over until the camera is functioning again.
● Payment Terms:
● Program Fee: Program fees will be calculated on a monthly basis pursuant to the above
and shared with the Town before the 15th calendar day of the following month. Monthly
Fees will be charged to the Town and applied prior to fund disbursement on the 15th of the
following month.
***
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EXHIBIT C
VIOLATION PROCESSING SERVICE AGREEMENT
This Violation Processing Service Agreement (the “Service Agreement”) is made as of this
________, _______, 2026 by and between Obvio, Inc., a company licensed to do business in the
State of Maryland, located at 388 El Camino Real, San Carlos, CA 94070. (“Obvio”), and the
Town of University Park, a Maryland municipal corporation, with offices at 6724 Baltimore
Avenue, University Park, MD 20782 (the “Town”).This Service Agreement is being entered into
between the Parties as a part of the Automated Traffic Law Enforcement Agreement of the even
date (“Principal Agreement”) and the terms of this Service Agreement shall be read in conjunction
with the terms of the Principal Agreement.
RECITALS
WHEREAS, the Town has requested this Service Agreement to ensure that Violations, as
defined herein, are processed efficiently and with minimal administrative burden on the Town’s
resources and personnel; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
AGREEMENT
● Capitalized Terms. All capitalized terms used here shall have the meaning ascribed to it
in the Principal Agreement. The definitions from the Principal Agreement are incorporated
herein by reference as if set forth in full. As used in this Service Agreement, “Transaction”
means, cumulatively, all correspondence sent by Obvio to the registered owner (or lessee,
where applicable) of a vehicle resulting from a single Violation.
● Violation Processing. During the Operational Period, Violations shall be processed as
follows:
○ All Violations Data shall be stored on the Obvio’s Automated Traffic Law
Enforcement System.
○ The
Automated Traffic Law Enforcement System shall process Violation Data
gathered from the Designated Intersections into a format capable of review by the
Authorized Officer within three (3) days of the gathering of the Violation Data in
one of the following ways. The method of review shall be in the discretion of the
Town:
■ The Obvio Automated Traffic Law Enforcement System shall be accessible
by the Authorized Agent through a virtual private network in encrypted
format by use of a confidential password on any computer equipped with a
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high-speed internet connection and a web browser; or Obvio shall provide
the Authorized Agent with access to the Obvio Automated Traffic Law
Enforcement System for the purposes of reviewing the pre-processed
Violations Data.
■ Obvio will apply violator name and address details to Citations according
to the information supplied by the Secretary of State.
■ The Town shall cause the Authorized Agent to review the Violation Data
and to determine whether a Citation shall be issued with respect to each
Potential Violation captured within such Violation Data, and transmit each
such determination in the form of an Electronic Signature to Obvio using
the software or other applications or procedures provided by Obvio on the
Obvio Automated Traffic Law Enforcement System for such purpose, and
● OBVIO HEREBY ACKNOWLEDGES AND AGREES THAT THE
DECISION TO ISSUE A CITATION SHALL BE THE SOLE,
UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED
AGENT AND SHALL BE MADE IN SUCH AUTHORIZED AGENTS
SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT
SHALL OBVIO HAVE THE ABILITY OR AUTHORIZATION TO
MAKE A CITATION DECISION AND SUBJECT TO AND WITHOUT
WAIVING COMMON LAW AND OTHER GOVERNMENTAL
IMMUNITIES AND THE PROVISIONS OF §5-301 ET SEQ. AND §5507, LOCAL GOVERNMENT TORT CLAIMS ACT, COURTS AND
JUDICIAL PROCEEDINGS ARTICLE, ANNOTATED CODE OF
MARYLAND,TOWN SHALL INDEMNIFY OBVIO AGAINST ALL
SUCH CITATION DECISIONS.
● With respect to each Authorized Violation, Obvio shall print and mail a
Citation within four (4) days after Obvio’s receipt of the Citation Decision.
The following information will be included on all Citations:
○ Registered owner’s name and address
○ Copies of the recorded images depicting the Violation;
○ A statement that the recorded images are evidence of a traffic
violation;
○ License plate of vehicle;
○ Violation description; Date, time and location of Violation;
○ Vehicle make (if readily discernible);
○ Information regarding the availability of a hearing to contest the
Violation on its merits;
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○ The fine imposed, the date of required payment and penalty assessed
for late payment;
○ A warning that a failure to pay the penalty imposed, or to timely
contest it, is an admission of liability and may result in registration
being flagged;
○ A statement that the owner may proceed by paying the fine or
challenging the fine,
○ A statement that payment of the fine and any applicable late
payment penalty shall dispose of the Violation with finality
● Obvio will obtain approval from the Town on the form of Citation to be
used;
● Obvio shall provide a toll-free telephone number for the purposes of
answering citizen inquiries for at least 40 business hours per week.
● Obvio will provide a full turn key lock box banking service. Obvio will
contract with a bank for the provision of lockbox services incorporating the
collection and banking of fine payments by means of check. money order
or credit card transaction. Obvio will provide a full monthly accounting of
fine receipts and associated transactions to the Town and remit civil penalty
proceeds, as determined in Exhibit B of the Principal Agreement, to the
Town by check or Automated Clearing House transaction no later than the
15 th day following each month end.
● Obvio will provide a secure website Letsdrivesafer.com offering violators
the ability to view still and video images of their violation and an online
credit card payment facility.
● Obvio will mail such Transaction notices as may be required by applicable
law.
● Obvio will provide the Town with hearing evidence packages in line with
requirements of the Law.
● Obvio will, at the request of the Town and at Obvio’s sole expense, establish
a file transfer process with the appropriate hearing facility or other Town
departments as the Town requires.
● Upon Obvio’s receipt of a written request from the Town and in addition to
the reports, Obvio shall provide, without cost to the Town, reports regarding
the processing and issuance of Citations in such format and for such periods
as the Town may reasonably request; provided,
However, that Obvio
shall not be obligated to provide in excess of twelve (12) such reports in any
given twelve (12) month period without cost to the Town.
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● During the six (6) month period following the Installation Date and/or upon
Obvio’s receipt of a written request from the Town at least fourteen (14)
calendar days in advance of an administrative hearing (or court proceeding,
if applicable), Obvio shall provide expert witnesses for use by the Town in
prosecuting Violations; provided, however, that the Town shall either: (i)
use reasonable best efforts (using pleadings provided by Obvio), to seek
judicial notice, or in lieu of requiring Obvio to provide such expert
witnesses; or (ii) provide evidence to Obvio that a trial court in Prince
George’s County has already ruled in favor of a Defendant on the issue of
judicial notice.
● Obvio shall provide training, as per the terms of the Principal Agreement.
● Prosecution and Collection Compensation. The Town shall reasonably
prosecute Citations and the collection of all fines and penalties in respect
thereof, and Obvio shall have the right to receive, and the Town shall be
obligated to pay, the compensation set forth in Exhibit B of the Principal
Agreement.
● Procedure upon Termination. Upon termination of this Service Agreement,
Obvio shall, in addition to complying with its duties and obligations in
Section 5 of the Principal Agreement, (i) deliver to the Town within
fourteen (14) days of such termination a final report regarding the issuance
of Citations, (ii) promptly deliver to the Town a final statement reporting
all fees and charges properly owed by the Town to Obvio under this
Agreement, including Citations issued prior to the termination, and (iii)
provide such assistance as the Town may reasonably request from time to
time in connection with prosecuting and enforcing Citations issued prior to
the termination of the Service Agreement. Obvio shall retain its
compensation, as provided in Exhibit B of the Principal Agreement, from
the fines it collects and the balance shall be promptly paid to the Town.
Upon the Town’s collection of unpaid Citations issued by Obvio prior to
the termination, the Town shall promptly pay Obvio any compensation
owed under the Principal Agreement, if any; provided, however, that,
effective twelve (12) months after the termination of this Agreement, Obvio
shall no longer be entitled to any compensation under this Agreement and
all fines collected thereafter shall be retained by the Town.
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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly
executed on the day and year first above written
Obvio Inc.
By:
Name: Dhruv Maheshwari
Title: President
Town: Mayor and Common Council
Town of University Park
By:
Name: Laurie K. Morrissey
Title: Mayor
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EXHIBIT D
Insurances
During the Term, and any extension thereof, Obvio shall procure and maintain, at Obvio's sole
cost and expense, the following insurance coverage with respect to claims for injuries to persons
or damages to property which may arise from or in connection with the performance of work or
services pursuant to this Agreement by Obvio, and each of Obvio' s subcontractors, agents,
representatives and employees:
1. Commercial General Liability Insurance. Commercial General Liability Insurance with
coverage of not less than one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) in aggregate for personal
injury and property damage;
2. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation
Insurance with coverage of not less than the limits required by applicable Law, Employer's
Liability Insurance with coverage of not less than One Million Dollars ($1,000,000); and
3. Umbrella General Liability Coverage of not less than Two Million Dollars ($2,000,000).
With respect to the insurance described in this Exhibit D, any deductibles or self-insured retentions
must be declared to the Town, and any changes to such deductibles or self insured retentions
during the Term will be sent to the Town in writing within thirty days of such change(s).
4. Cyber Liability: Coverage for intentional or unintentional release of private information,
alteration of electronic information, extortion and network security with a minimum limit of
$1,000,000 per occurrence and $1,000,000 aggregate. Coverage should include the cost of
notification and credit monitoring of affected individuals and third parties, regulatory fines and
penalties.
With respect to the Commercial General Liability Insurance described above, the following
additional provisions shall apply:
• The Town Parties shall be covered as named additional insureds and loss payees with
respect to any liability arising from any act or omission by Obvio.
• The insurance coverage procured by Obvio and described above shall be the primary
insurance with respect to the Obvio Parties in connection with this Agreement, and any
insurance or self-insurance maintained by any of the Town Parties shall be in excess, and
not in contribution to, such insurance. Any failure to comply with the reporting provisions
of the various insurance policies described above shall not affect the coverage provided to
the Town Parties, and such insurance policies shall state that such insurance coverage shall
apply separately with respect to each additional insured against whom any claim is made or
suit is brought, except with respect to the limits set forth in such insurance policies.
• With respect to the insurance described in this Exhibit D, each such insurance policy shall
be endorsed to state that the coverage provided thereby shall not be canceled or have coverage
reduced except after thirty (30) calendar days' prior written notice to the Town. If any of the
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Obvio Parties are notified by any insurer that any insurance coverage will be canceled or
reduced, Obvio shall immediately provide written notice thereof to the Town and shall take
all necessary actions to correct such cancellation in coverage limits, and shall provide written
notice to the Town of the date and nature of such correction.
• Obvio shall provide certificates of insurance and copies of each insurance policy
evidencing the insurance required pursuant to the terms of this Agreement, which certificates
shall be executed by an authorized representative of the applicable insurer, and which
certificates shall be delivered to the Town prior to Obvio commencing any work pursuant to
the terms of this Agreement.
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- Agenda Watch · Aug 4, 2026
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- Aug 4, 2026 Filed on the Docket
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