ITEM C5

OFFICE OF THE CITY MANAGER

(910) 341-7810 | FAX (910)341-5839
TDD (910)341-7873

9/19/2017

City Council
City Hall
Wilmington, North Carolina 28401

Dear Mayor and Councilmembers:

Attached for your consideration is a resolution authorizing a contract renewal with American Traffic
Solutions to provide automated red light enforcement services to the City of Wilmington. Based on
representative performance studies, these services continue to deter red light running and resulting
crashes in our City. The net proceeds from the service (approximately $900,000 annually) are, in
keeping with State law, turned over to the New Hanover County Schools. Under the new contract, the
estimated annual payments to ATS will be $480,000. The Citys net general fund contribution for this
contract considering payment residual and the New Hanover County Interlocal Agreement if extended,
is approximately $170,000 annually.

This renewal revises the contract term and the charges for service and anticipates a savings of $30,000
to the City and County, respectively, compared to the previous rate structure. The term is for a one
year contract with two, one year extensions. The contract term begins October 1, 2017. Based upon
American Traffic Solutions performance, staff supports the contract renewal.

Funding for this contract is budgeted in the Safelight Project budget for Fiscal Year 2018, and, if
adopted by City Council, will be available for this purpose; however, the two one year extensions are
subject to annual appropriation.

This contract Supports the Create a Safe Place and Support Efficient Transportation Systems Focus
Areas.

Passage of the attached Resolution is recommended.

Respectfully submitted,

Sterling B. Cheatham,
City Manager

C5-1
 City Council
Resolution City of Wilmington
North Carolina

Introduced By: Sterling B. Cheatham, City Manager Date: 9/19/2017

Resolution Authorizing the Contract Renewal with American Traffic Solutions of

Scottsdale, Arizona to Provide Automated Red Light Enforcement Services (08TR10)
LEGISLATIVE INTENT/PURPOSE:

This Resolution authorizes the renewal of the American Traffic Solutions contract to supply
automated red light enforcement services for an additional twelve-month period October 1,
2017 through September 30, 2018 with the option for two additional one year extensions. The
Traffic Engineering Division of the Planning, Development and Transportation Department
supports amending the contract with American Traffic Solutions based upon American Traffic
Solutions performance and upon mutual agreement with staff.

The estimated annual payments to ATS will be $480,000. However, the Citys net general fund
contribution for this contract considering payment residual and the New Hanover County
Interlocal Agreement if extended is approximately $170,000 annually. Funding for the first
year of the contract is budgeted in the Safelight Project Fund (08TR10) for Fiscal Year 2018,
and will be available for this purpose. The option for the two additional one year extensions is
contingent upon annual appropriation.

THEREFORE, BE IT RESOLVED:

THAT, the contract with American Traffic Solutions be renewed for the provision of automated
red light enforcement services at the negotiated unit prices, and that the City Manager be
authorized to execute the renewal on the behalf of the City.

Adopted at a ________________ meeting

on ____________________ 2017
Bill Saffo, Mayor

ATTEST:

Penelope Spicer-Sidbury, City Clerk

C5-2
 CONTRACT NO.: S6-0917Rev1

STATE OF NORTH CAROLINA PROFESSIONAL SERVICES AGREEMENT

COUNTY OF NEW HANOVER

THIS AGREEMENT (hereinafter the Agreement) is made and entered into this 1st day of
October , 2017, by and between the City of Wilmington, a North Carolina municipal corporation,
hereinafter referred to as the "CITY", and American Traffic Solutions, Inc., hereinafter referred to as the
"CONTRACTOR".
WITNESSETH

WHEREAS, the CITY desires to retain and engage the CONTRACTOR to perform certain
professional services hereinafter described, and further that the parties hereto desire to reduce the terms of
this Agreement to writing.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed upon by the parties, and in further consideration of the covenants
and representations contained herein, the parties agree as follows:

1. Term of Agreement. The term of this Agreement shall commence as of October 1, 2017
and continue through September 30, 2018 unless sooner terminated as provided herein. CITY shall be
entitled to two (2) extensions of this Agreement of one (1) year each pursuant to the same terms and
conditions as set forth herein. No changes to the contract terms shall be effective unless agreed to and
accepted in writing by the CITY and CONTRACTOR.

2. Contractor's Services. The CONTRACTOR hereby agrees to provide to the CITY a traffic
signal violation photo monitoring and enforcement program with automated red light enforcement services
for thirteen (13) approaches located within the City of Wilmington, NC (hereinafter the Automated
Enforcement System) as set forth in Exhibit A attached hereto and incorporated herein by this reference.
The parties hereto acknowledge that the terms outlined in Exhibit A shall be valid and enforceable to the
extent they are not inconsistent with the provisions as set forth herein, and to the extent that they are
inconsistent, the provisions as set forth in this Agreement shall control. The parties hereto further agree that
the terms, conditions and requirements as set forth in any Request for Proposal (RFP) put forth by CITY
and responded to by CONTRACTOR shall be binding upon the parties to the extent that they do not conflict
with the provisions as set forth herein, said RFP, if applicable, being attached hereto as Exhibit B and
incorporated herein by this reference.

3. Compensation to Contractor. The CITY hereby agrees to pay to CONTRACTOR the

estimated amount of Four Hundred Eighty Thousand dollars ($480,000.00) for services as provided herein.
Payment will be made within 30 days after receipt of an approved invoice. In the event that

Page 1 of 9

C5-3
CONTRACTOR should fail to provide the services as set forth above, CITY shall be entitled to a refund of
its payment(s) to CONTRACTOR.

In consideration of the services as set forth in paragraph 2 above, CITY shall pay to ATS the following:

a. Standard Payment. CITY shall pay to CONTRACTOR twenty-two dollars and fifty cents
($22.50) for each $50.00 civil penalty collected and deposited in a designated CITY bank
account.

b. Late Penalty Payment. CITY shall pay to CONTRACTOR an additional three dollars ($3.00) for
each $50.00 late penalty collected and deposited in a designated CITY bank account.

c. Relocation Payment. CITY shall pay to CONTRACTOR an amount not to exceed twenty-eight
thousand dollars ($28,000) for each movement of a camera from its current location or current
approach to another location or approach. CONTRACTOR acknowledges that cameras shall be
relocated or changed only upon written request of CITY.

4. Additional Service. CONTRACTOR agrees to assist the CITY in identifying additional

approaches to be monitored by an Automated Enforcement System at the direction of the CITY. For any site
recommended by the CITY, CONTRACTOR will only install a Camera System if a site selection analysis
concludes an installation is feasible. CONTRACTOR makes no representations or warranties that any
violation rate estimates will be predictive of actual future traffic violation rates. CONTRACTOR and the
CITY agree to work on determining which, if any, Camera System, product or service(s) are good
candidates that are mutually agreed to for upgrade. If new locations or system upgrades are identified and
mutually agreed upon by both parties, the parties agree to negotiate an amendment to the term of the
Agreement and pricing if necessary.

5. Termination. CITY shall have the right to terminate this Agreement at any time and without
cause upon thirty (30) days written notice to the other party.

6. Records. The CITY has the right to audit all records pertaining to this Agreement both
during its performance and after its completion. Further, upon termination of this Agreement, the
CONTRACTOR shall deliver to the CITY all records, notes, memorandum, data, documents or any other
materials produced by CONTRACTOR in connection with services rendered pursuant to this Agreement.
If compensation for expenses shall be provided to CONTRACTOR, the CONTRACTOR shall maintain all
expense charge documents for a period of three (3) years following the completion of this agreement and
said documents shall only be forwarded to the CITY upon request.

7. Ownership of Documents. The CONTRACTOR agrees that all materials and documents
developed pursuant to this Agreement shall be the exclusive property of the CITY, and the CONTRACTOR
shall retain no property or copyright interest therein. Further, upon termination of this Agreement, the
CONTRACTOR shall deliver to the CITY all records, notes, memorandum, data, documents or any other

Page 2 of 9

C5-4
materials received or obtained from the CITY in connection with services rendered pursuant to this
Agreement.

8. Independent Contractor. This Agreement does not create an employee/employer relationship

between the parties. It is the intention of the parties that the CONTRACTOR will be an independent
contractor and not the CITY's employee for all purposes, including, but not limited to, the application of the
Fair Labor Standards Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
federal Internal Revenue Code, the provisions of the North Carolina revenue and taxation laws, the North
Carolina Wage and Hour Act, the North Carolina Workers' Compensation Act, and the provisions of the
North Carolina Employment Security Law. The CONTRACTOR will retain sole and absolute discretion in
the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities
hereunder. The CONTRACTOR agrees that he/she/it is a separate and independent enterprise from the
CITY; and that it has a full opportunity to find other business, that it has made its own investment in its
business, and that it will utilize a high level of skill necessary to perform the services described herein. This
Agreement shall not be construed as creating any joint employment relationship between the
CONTRACTOR and the CITY, and the CITY will not be liable for any obligation incurred by the
CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums.

9. Release and Indemnity. To the fullest extent permitted by law, CONTRACTOR shall
release, indemnify, keep and save harmless the CITY, its agents, officials and employees, from any and
all responsibility or liability for any and all damage or injury of any kind or nature whatever (including
death resulting therefrom) to all persons, whether agents, officials or employees of the CITY or third
persons, and to all property proximately caused by, directly or indirectly, the performance or
nonperformance by CONTRACTOR (or by any person acting for CONTRACTOR or for whom
CONTRACTOR is or is alleged to be in any way responsible), whether such claim may be based in
whole or in part upon contract, tort (including alleged active or passive negligence or participation in the
wrong), or upon any alleged breach of any duty or obligation on the part of CONTRACTOR, its agents,
officials and employees or otherwise. The provisions of this Section shall include any claims for
equitable relief or for damages (compensatory or punitive) against the CITY, its agents, officials, and
employees including alleged injury to the business of any claimant and shall include any and all losses,
damages, injuries, settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses.
Expenses as used herein shall include without limitation the costs incurred by the CITY, its agents,
officials and employees, in connection with investigating any claim or defending any action, and shall
also include reasonable attorneys fees by reason of the assertion of any such claim against the CITY, its
agents, officials or employees. CONTRACTOR expressly understands and agrees that any performance
bond or insurance protection required by this agreement, or otherwise provided by the CONTRACTOR,
shall in no way limit CONTRACTORs responsibility to release, indemnify, keep and save harmless and
defend the CITY as herein provided. The intention of the parties is to apply and construe broadly in
favor of the CITY the foregoing provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1.

10. Representatives of the Parties. Sterling B. Cheatham, City Manager, is designated as the
CITY's contract administrator for this Agreement. The contract administrator shall be responsible for

Page 3 of 9

C5-5
monitoring the CONTRACTOR's performance, coordinating the CONTRACTOR's activities, approving all
administrative requests by the CONTRACTOR and approving all payments to the CONTRACTOR
pursuant to this Agreement. Further, any notice required to the CITY under this Agreement shall be
sufficient if mailed to the CITY by certified mail as indicated below:
Sterling B. Cheatham, City Manager
City of Wilmington
P.O. Box 1810
Wilmington, NC 28402
Ms. Rebecca Collins shall be the CONTRACTOR's representative for this Agreement. Any notice
required to the CONTRACTOR under this Agreement shall be sufficient if mailed to the CONTRACTOR
by certified mail as indicated below:

Ms. Rebecca Collins, General Counsel

American Traffic Solutions
1150 N. Alma School Road
Mesa, AZ 85201
(480) 443-7000

11. Other Laws and Regulations. CONTRACTOR will comply with any and all applicable
federal, state and local standards, regulations, laws, statutes and ordinances including those regarding
toxic, hazardous and solid wastes and any pollutants; public and private nuisances; health or safety; and
zoning, subdivision or other land use controls. CONTRACTOR will take all reasonably necessary,
proper or required safety, preventative and remedial measures in accordance with any and all relations
and directives from the North Carolina Department of Human Resources, the United States
Environmental Protection Agency, the North Carolina Department of Environmental Quality, Health
Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt
prevention or cessation (now or in the future) of violations of either the applicable provisions of such
standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder.
CONTRACTOR specifically acknowledges and agrees that CONTRACTOR, and any subcontractors it
uses, has complied with and shall continue to comply with the provisions of the federal E-Verify
program in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
CONTRACTOR shall maintain adequate safeguards with respect to sensitive customer information in
conformance with and pursuant to 16 C.F.R. 681.1 and in accordance with N.C. Gen. Stat. 132-1.10
and 75-65.

12. Insurance Requirements. The amount of insurance to be provided for all coverages listed
under this section shall be not less than $1,000,000, unless otherwise specified, per occurrence for claims
arising from bodily injury and/or property damage, including accidental death which may arise directly or
indirectly from CONTRACTORs performance of its obligations under this Agreement. CONTRACTOR
shall be responsible for any liability directly or indirectly arising out of professional services performed
under this contract by a subcontractor which liability is not covered by the subcontractor's insurance.

Page 4 of 9

C5-6
 a. CONTRACTOR shall maintain during the life of this contract WORKERS'
COMPENSATION and EMPLOYER'S LIABILITY INSURANCE covering all of
CONTRACTORs employees to be engaged in the work under this contract, providing the required
statutory benefits under North Carolina Workers Compensation Law, and Employers Liability
Insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims
due to bodily injury by accident or disease. Whenever work under this contract includes exposure to
claims under the U. S. Longshoremen's and Harbor worker's Act, such coverage shall be provided by
appropriate endorsement to this policy. The insurer shall agree to waive all rights of subrogation
against the City of Wilmington, its officers, officials, agents and employees for losses arising
from work performed by the CONTRACTOR for the City of Wilmington.

b. CONTRACTOR shall take out and maintain during the life of this contract
COMMERCIAL GENERAL LIABILITY INSURANCE, including coverage for INDEPENDENT
CONTRACTOR OPERATIONS, CONTRACTUAL LIABILITY assumed under the provisions of
this contract, PRODUCTS/COMPLETED OPERATIONS LIABILITY and BROAD FORM
PROPERTY DAMAGE LIABILITY insurance coverage, Exclusions applicable to explosion,
collapse and underground hazards are to be deleted when the work to be performed involves these
exposures. The CITY shall be named as an additional insured under this policy. The insurer shall
agree to waive all rights of subrogation against the City of Wilmington, its officers, officials,
agents and employees for losses arising from work performed by the CONTRACTOR for the
City of Wilmington. Unless otherwise specified, this coverage shall be written providing liability
limits at least in the amount of $1,000,000, Combined Single Limits, applicable to claims due to
bodily injury and/or property damage arising from an occurrence.

c. CONTRACTOR shall take out and maintain during the life of this Agreement
AUTOMOBILE LIABILITY INSURANCE with a limit of not less than $1,000,000 each
accident. Such coverage shall be written on a comprehensive form covering owned, non-owned and
leased vehicles.

CONTRACTOR shall furnish the schedule of insurance carried under this contract in the form of a
Certificate of Insurance attested by the insurance carrier or appointed agent, indicating the type, amount,
class of operations covered, effective date and expiration date of all policies. This Certificate shall be in six
(6) counterparts and when the contract is signed by CONTRACTOR, a copy thereof shall be inserted in
each copy of the contract documents and upon insertion shall become a part of such documents.
CONTRACTOR will notify the CITY by registered mail at least twenty (20) days prior to any cancellation
or non-renewal of these coverages.

13. No Presumption. None of the Parties shall be considered the drafter of this Agreement
or any provision hereof for the purpose of any statute, case law, or rule of interpretation or construction
that would or might cause any provision to be construed against the drafter hereof. This Agreement was
drafted with substantial input by all Parties and their counsel, and no reliance was placed on any
representations other than those contained herein.

Page 5 of 9

C5-7
 14. Entire Agreement and Amendment. This Agreement, including any Exhibits attached,
which are incorporated herein and made a part hereof, constitutes the entire contract between the parties,
and no warranties, inducements, considerations, promises or other inferences shall be implied or
impressed upon this Agreement that are not set forth herein. This Agreement shall not be altered or
amended except in writing signed by all Parties.

15. No Assignment. No party shall sell or assign any interest in or obligation under this
Agreement without the prior express written consent of all the parties.

16. Conflict of Interest. No paid employee of the CITY shall have a personal or financial
interest, direct or indirect, as a contracting party or otherwise, in the performance of this Agreement.

17. Non-Waiver of Rights. It is agreed that the CITY's failure to insist upon the strict
performance of any provision of this Agreement, or to exercise any right based upon a breach thereof, or the
acceptance of any performance during such breach, shall not constitute a waiver of any rights under this
Agreement.

18. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the parties and their respective
successors and assigns.

19. Reference. Use of the masculine includes feminine and neuter, singular includes plural; and
captions and headings are inserted for convenience of reference and do not define, describe, extend or limit
the scope of intent of this Agreement.

20. Interpretation/Governing Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina without regard to any conflicts of law
principles and subject to the exclusive jurisdiction of federal or state courts within the State of North
Carolina. In the event of a conflict between the various terms and conditions contained herein or between
these terms and other applicable provisions, then the more particular shall prevail over the general and the
more stringent or higher standard shall prevail over the less stringent or lower standard. The place of this
Agreement, its situs and forum, shall be Wilmington, New Hanover County, North Carolina, and in said
County and State shall all matters, whether sounding in contract or tort relating to the validity, construction,
interpretation or enforcement of this Agreement be determined.

21. Saving Clause. If any section, subsection, paragraph, sentence, clause, phrase or portion of
this Agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the
remaining portions hereof.

22. Time. Time is of the essence in this Agreement and each and all of its provisions.

Page 6 of 9

C5-8
 23. Immunity Not Waived. This Agreement is governmental in nature, for the benefit of the
public. CONTRACTOR acknowledges that City reserves all immunities, defenses, rights or actions
arising out of Citys sovereign status under applicable law. No waiver of any such immunities, defenses,
rights or actions shall be implied or otherwise deemed to exist by reason of Citys entry into this
Agreement.

24. Non-Appropriation. In the event no City funds or insufficient City funds are
appropriated or otherwise available by any means whatsoever in any fiscal year for any payment due
under this Agreement, then the City will immediately notify CONTRACTOR of such occurrence and
this Agreement shall create no further obligation of the City as to such fiscal year and shall be null and
void, except as to the portions of payments for which funds shall have been appropriated and budgeted.
In such event, this Agreement shall terminate on the last day of the fiscal year for which appropriations
were received without penalty or expense to the City of any kind whatsoever.

25. Authority to Act/IDA Certification. Each of the persons executing this Agreement on
behalf of CONTRACTOR does hereby covenant, warrant and represent that the CONTRACTOR is a
duly organized and validly existing legal entity authorized to transact business within the State of North
Carolina, that the CONTRACTOR has full right and authority to enter into this Agreement, and that
each and all persons signing on behalf of the CONTRACTOR were authorized to do so. The
undersigned certifies that CONTRACTOR is not listed on the Final Divestment List created by the N.C.
State Treasurer pursuant to Chapter 147 (the Iran Divestment Act) of the North Carolina General
Statutes. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147,
CONTRACTOR shall not utilize in the performance of the contract any subcontractor that is identified
on the Final Divestment List.

26. Non-Discrimination. CONTRACTOR will take affirmative action not to discriminate

against any employee or applicant for employment or otherwise illegally deny any person participation in or
the benefits of the program which is the subject of this agreement because of race, creed, color, sex, age,
disability or national origin. To the extent applicable, CONTRACTOR will comply with all provisions of
Executive Order No. 11246 the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all
applicable federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and
other directives promulgated to prohibit discrimination. Violation of this provision, after notice, shall be a
material breach of this agreement and may result, at CITY's option, in a termination or suspension of this
agreement in whole or in part.

27. Counterparts. This Agreement may be executed in several counterparts, including separate
counterparts. Each shall be an original, but all of them together constitute the same instrument.

28. City Not Liable for Special or Consequential Damages. The City shall not be liable to the
Company, its agents or representatives or any subcontractor for or on account of any stoppages or delay
in the performance of any obligations of the City, or any other consequential, indirect or special
damages or lost profits related to this Contract.

Page 7 of 9

C5-9
 IN WITNESS WHEREOF, the CITY and the CONTRACTOR have each executed this Agreement
in duplicate originals, one of which shall be retained by each of the parties.

CITY OF WILMINGTON, NORTH CAROLINA

By: _________________________________
Sterling B. Cheatham, City Manager

Witness:

________________________________
Daryle L. Parker, Purchasing Manager

Approved as to Form:

___________________________
John D. Joye, City Attorney

FINANCE OFFICERS CERTIFICATION STATEMENT

This instrument has been preaudited in the manner required by The Local Government Budget
and Fiscal Control Act.
This ___ day of __________________, 20____.

_________________________________
Jennifer R. Maready, Finance Director

Project Number: 08TR10

Account Number: 021-0000-440.31-60
Estimated Contract Amount: $360,000 FY 17/18 10/1/17 thru 6/30/18
Federal ID Number: 56-60000239
PO Number: _____________

The following contract fees are subject to annual appropriations:

Account Number: 021-0000-440-31-60
Estimated Amount: $120,000.00 FY18/19 7/1/18 thru 9/30/18

Estimated contract amount for the period 10/1/17 thru 9/30/18 - $480,000.00

Page 8 of 9

C5-10
 American Traffic Solutions, Inc.

___________________________________

______________________________________
By: ___________________ (NAME)
___________________ (TITLE)

STATE OF ________________

COUNTY OF ______________

I, __________________________, a Notary Public in said State and County, do hereby certify

that, ___________________ personally appeared before me this day and acknowledged that he (she) is
the ________________ of ____________________________ and acknowledged the due execution of
the foregoing instrument.

Witness my hand and official seal, this the _____ day of _____________, 20___.

_____________________________
Notary Public

My Commission Expires:

______________________ [NOTARY SEAL]

Page 9 of 9

C5-11
 Exhibit "A"
to the
Agreement between
THE CITY OF WILMINGTON, NORTH CAROLINA
and
AMERICAN TRAFFIC SOLUTIONS, INC.

dated the day of 2017

Scope of Services

ATS shall provide to CITY a traffic signal violation photo monitoring and enforcement program
with automated red light enforcement services for thirteen ( 13) approaches located within the
City of Wilmington, NC (hereinafter the "Automated Enforcement System") as follows:

a. Locations. The parties hereto acknowledge that as of the date of this Agreement, all
cameras and equipment (hereinafter collectively the "Equipment") contemplated to be
utilized for the Automated Enforcement System are installed and operating as intended
and that no additional Equipment or installation work is necessary at this time. The
parties hereto acknowledge that the location and approach of Automated Enforcement
System Equipment as of the date of this Agreement is as follows:
Approach Location
Eastbound Market Street at New Centre Drive
Westbound Market Street at 23rd Street
Southbound Wooster Street at Third Street
Northbound Seventeenth Street at Dawson Street
Eastbound Dawson Street at Third Street
Westbound Wooster Street at Seventeenth Street
Northbound College Road at 17th Street
Eastbound Dawson Street at Sixteenth Street
Westbound Wrightsville Ave at Colonial Drive
Southbound Sixteenth Street at Wooster Street
Northbound Carolina Beach Road at Southern Boulevard
Westbound Market Street at Seventeenth Street
Northbound Third Street at Dawson Street

b. Maintenance. ATS shall maintain the Automated Enforcement System and all associated
Equipment in good working order.

Exhibit A Page 1 of 6 C5-12

 c. Operation of Automated Enforcement System. ATS shall operate the Automated
Enforcement System subject to the following conditions:
i. Camera system will provide clear daytime and nighttime images such that the license
plate, the vehicle make and model and the traffic signal indication are clearly
discernible, Black & white, color and other images are acceptable.
ii. System will be able to record all violators on the approaches being monitored.
iii. ATS shall supply all necessary hardware as well as the installation of the Equipment.
iv. ATS will be fully responsible for maintenance of the Equipment. All repairs needed
shall be made within twenty four (24) hours of reported malfunction.
v. Camera system will be able to operate from vehicle loops/sensors or out of pavement
detection installed at the stop bar. ATS shall work with CITY to identify detection
zone placement. Detection equipment shall not interfere with intersection detection.
vi. The Equipment will be able to automatically detect a vehicle that is violating a red
traffic signal, including detecting the speed of such vehicles and the amount of time
elapsed accurate to 0.1 second between when the signal turned red and the when the
violation occurred.
vii. The Equipment will be able to capture three (3) images per violation, the first of
which depicts the violating vehicle in advance of the stop bar, while the signal on
that approach is red, and the second of which depicts the same vehicle completely
beyond the stop bar, while the signal for that approach is red. The last shall be a
clearly readable image of the vehicle's license plate.
viii. Cameras will be able to operate in all lighting and weather conditions and produce
clear and readable images after enhancement by the software.
ix. 90% of images taken will be able to be developed as citations. All images, including
those not fit to be issued as a citation, shall be stored by ATS. Uncitable images
should be marked with reason why image was not issued as a violation.
x. The cameras will be mounted on a stand-alone pole. The camera housing and pole,
alone, will be painted a color to be acceptable to the CITY.
xi. Camera housings will be secure and tamper-proof to protect against unauthorized
opening, and must be designed so access can be achieved without disrupting traffic.
All collections of images are to either be off-street, electronic or during the hours of
midnight to 06:00 AM.
xii. Each red light citation will be processed and mailed to the owner of the vehicle in
violation within two 2 business days of jurisdiction approval.
xiii. 98% of all citizen inquiries by walk-in, letter, email or telephone, will be resolved by
ATS.
xiv. ATS will collect at least 80% of citations issued.
xv. Software will be able to interface with DMV records to automatically insert vehicle
registration information and ownership.
xvi. The software/camera system will imprint on each image the time and date of the
violation; frame sequence number; intersection identification; the amber time
duration and the amount of time that the picture was taken after the signal had turned
red and the speed of the violating vehicle. This data shall be encoded on the original
image at the time of capture. Timing shall be recorded to the hundredth of a second
and reported to the nearest tenth of a second.

Exhibit A Page 2 of 6 C5-13

 xvii. Software will be able to enhance images in low light or glare conditions. Resultant
images must be clear and readable regardless of weather conditions and time-of day.
xviii. The software shall have an internet application provided that will allow authorized
CITY personnel to search citations for the purpose of determining the proper citation
for payment and posting of said payment to the correct citation.
xix. The software shall have an internet application that will allow the vehicle owner
receiving the citation the ability to review the citation, to enhance the images in read
only mode, view any video if applicable, and make payment via credit card. All
common credit cards should be available.
xx. ATS shall store data and citation information in a database. ATS shall describe the
information system to be used. Information software system must provide record
keeping and tracking functions for all citations from issuance through final
disposition, including the capability of producing the following reports:
Total violations by location by hour of day, day of week, week of month, month
of year, or year.
Total payments received by day of week, week of month, month of year, or year.
Total number and dollar amount of delinquent offenders; List of delinquent
offenders.
Statistical report of billing and collections.
Statistical report of revenue collected or billed by type (fine, late fee)
Number and list for payments from first notice, second notice and third notice.
Number and list of non-finable violations by exception code.
Number of violations per State (based on registration plate)
Number of violations per various speeds.

d. Enforcement. ATS shall use CITY-authorized contractor personnel. ATS will be

responsible for issuing civil citations to enforce regulations relating to red light traffic
violations.

e. Collections. ATS shall collect payments from the public on the civil citation. ATS will
make a reasonable effort using commercially available means to correct addresses and
retransmit citations that are returned as mail undeliverable. If 63 days from the original
printing of the citation, the offender has not paid the citation ATS shall provide that
information to the CITY's collections office for further pursuit of payment.

f. Time. The Equipment shall operate 24 hours per day, 7 days per week. The CITY
reserves the right to temporarily suspend enforcement during emergencies, weather
events, convoys, special events or circumstances as needed.

g. Adjudication. ATS will coordinate the administrative appeal hearings for citizen appeals
of citations. This will include receiving initial appeal requests, scheduling appeal
hearings between the citizen and an independent hearing officer, and providing the
hearing officer with all background materials pertinent to the appeal, as well as providing
space for the hearing. The CITY will directly pay for the costs of the independent
hearing officers. The adjudicator, or hearings officer, will be an independent contractor
paid by the CITY, but is scheduled, trained, and coordinated by ATS.

Exhibit A Page 3 of 6 C5-14

 ATS will be responsible for providing a copy of the citation under appeal along with an
affidavit designed to authenticate and ensure the admissibility of the citation if required
by a court. The affidavit must be from someone capable of stating facts necessary to
qualify the citation as a business record and to establish the reliability of the equipment
and processes that produced the citation. In the event that a court requires the personal
appearance of an individual capable of testifying as to the authenticity of the citation as a
business record and/or to establish the reliability of the equipment and processes that
produced the citation so as to ensure the admissibility of the citation, ATS shall be
responsible for satisfying any such court-imposed requirement.

h. CITY Oversight. The CITY will provide an employee who will observe the operations of
ATS and act as the CITYs representative and liaison. As part of the CITYs oversight
ATS shall develop and produce reports, and statistics and other information as needed
regarding issuance rates, collection rates, dismissal rates financial performance as needed
by the CITY. Citations shall be reviewed and approved by the CITY prior to issuance.
ATS shall provide a secure website for the purposes of CITY review. The website shall
provide the ability to review all recorded images for both violations and citations to
ensure all valid violations are converted to citations. ATS shall institute all necessary
controls to ensure to prevent fraud and theft by its employees. These controls shall
consider such issues as cash handling, deposit protocols, citation dismissal and other
issues deemed necessary by the CITY.

i. Management. ATS shall provide overall management of the automated enforcement

program, at the direction of the CITY's Project Manager.

j. Customer Service. ATS must satisfactorily handle and provide response to all public
inquiries whether written, in person, bye-mail or by phone about the automated
enforcement program, including ticketing, enforcement and overall program management
in accordance with the CITY of Wilmingtons principles on customer service. ATS must
provide within the Wilmington City limits an office for convenient walk-up or drop-off
payment of citations. ATS shall keep a record of all citizen complaints, the resolution,
and the action taken to contact the complainant; such records shall be retained for the
duration of the project, and made available upon request to the CITY Project Manager.
ATS shall include a provision for payment by generally accepted cred it cards such as
MasterCard, Visa, and others.

k. Public Information. CITY will be lead agency for the Automated Enforcement System
public information effort; however, ATS shall participate in the development of the
marketing plan, contributing ideas and research on efforts that have been effective in
other cities that have similar programs. The CITY will assume all costs of implementing
the public information program. This does not include the time given by ATS to
participate in the plan development meetings and research. ATS shall establish and
maintain a website for the program. The website shall contain information specific to the
CITYs program, enable customers to securely log in and view their citation/video, pay
their citation and check on the status of their case. The CITY will provide a link to this

Exhibit A Page 4 of 6 C5-15

 website from the CITY's website. All contact with the media shall be coordinated
through the CITY Project Manager and the CITY Public Information Officer. ATS shall
not speak to or provide information to the media, either on or off the record, unless
authorized by the CITY. ATS shall not disclose or make available to any person in
formation about an individual derived from the North Carolina Division of Motor
Vehicles. In addition, ATS shall not release or allow public inspection of any
confidential information. Confidential information is defined to include:
(1) social security or employer taxpayer identification numbers;
(2) drivers license, state identification card, or passport numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification (PIN) code as defined in G.S. 14-113.8(6);
(8) digital signatures;
(9) any other numbers or information that can be used to access a person's financial
resources;
(10) biometric data;
(11) medical information;
(12) fingerprints
(13) passwords

l. Equipment. All Equipment shall meet applicable codes and standards. All field
Equipment provided shall be Certified by Underwriters Laboratories or acceptable
documentation provided to satisfy inspectors. All field Equipment shall be housed in a
cabinet separate from the traffic signal controller. The CITY will provide all connections
within the traffic signal control box. ATS shall provide all documentation and equipment
necessary to make the connection. The North Carolina Department of Transportation
requires the connection to the signal controller box be electrically isolated from the
control box. ATS is responsible for securing power service for its equipment. All utility
connections shall be underground, unless otherwise approved by the CITY. At the end of
this contract ATS shall remove all Equipment from the public rights-of-way and restore
any damaged areas.

m. Record Keeping. ATS shall keep true and accurate records of revenue, expenses, and
shall provide copies to the CITY upon request in a form to be determined by the CITY.
All financial records relating to the project shall be made available to a duly authorized
representative of the CITY upon request. Information and data collected shall be stored in
a database to enable tracking of tickets and the capability to print statistical reports as
needed. ATS may be requested to maintain other non-financial information as it relates
to the project, and as mutually agreed upon. All citation images must be stored for a 5-
year period on reproducible CD/DVD format or equivalent and accessible on request by
the CITY Project Manager. Annually, ATS shall furnish the CITY all citation data in an
Excel spreadsheet or Access database format. All fields in the citation record and the
images shall be included.

Exhibit A Page 5 of 6 C5-16

 n. DMV Access. ATS shall be responsible for coordinating with the appropriate state
Departments of Motor Vehicles and establishing record access as needed for issuing
citations.

o. Citations. Each citation should include, among other things, a minimum of three images
showing the vehicle entering the intersection, the vehicle in the intersection, and a close
view of the license tag. See Service Standards for additional requirements.

p. Payments and Customer Contact. A Wilmington, N.C. address shall be used to receive
all mail in payments. A Wilmington, North Carolina phone number shall be provided for
all inquiries regarding specific citations and general program information.

q. Rates. The amount of citations for running a red light is $50.00. An additional $50.00
late penalty will be assessed 30 days after the due date shown on the original citation. All
due dates assigned shall exclude weekends and published City holidays. A three day
mail delivery time shall be considered in the issuance of late notices such that the late
notice is mailed 33 days after the citation is mailed, not printed.

r. Revenues. Revenues are to be accounted for in accordance with generally accepted

accounting principles. ATS will provide a monthly report to the CITY in a form
acceptable to the CITY Finance Department. All revenue from citations will be deposited
in an account designated by the CITY. All citizen payments shall be made payable to the
City of Wilmington. All payments will be sent to ATS who will record the payments and
then deposit the funds in a CITY -specified account. ATS will then invoice the CITY for
the amount owed to ATS for these violations.

s. Invoices. ATS shall submit a correct invoice no more than once each month to the CITY
in accordance with financial terms agreed upon. The CITY shall pay ATS within thirty
(30) days of receipt of a correct invoice, as determined by the CITY.

Exhibit A Page 6 of 6 C5-17