Los Angeles County

Service Authority for Freeway Emergencies

AGENDA

LOS ANGELES COUNTYSERVICE AUTHORITY FOR FREEWAY EMERGENCIES

(SAFE)

REGULAR BOARD MEETINGBOARD OF DIRECTORS

MTA Headquarters3rd Floor- Board Room

One Gateway PlazaLos Angeles

Thursday, July 29, 1999 - 9:30 AM

Call to order:

Directors:

Yvonne Brathwaite Burke, ChairJames Cragin, First Vice ChairRichard Riordan, Second Vice ChairRichard AlatorreMichael AntonovichHal BemsonJohn FasanaDon KnabeJose LegaspiGloria MolinaJenny OropezaFrank RobertsZev YaroslavskyTony V. Harris, Ex Officio

©ne Gateway Plaza, Los Angeles, California 90012-2932(213) 922-2954 ̄ (213) 922-2955

SERVICE AUTHORITY FOR FREEWAY EMERGENCIES BOARD RULES

PUBLIC INPUT

The meetings of the Service Authority for Freeway Emergencies Board are open t~ the public. A member of the public may address the Board on the subject of one or moreagenda items and/or other items of interest which are within the subject matter jurisdiction of the Service Authority for Freeway Emergencies. The total presentation for anycombination of agenda items and non-agenda items addressed shall not exceed two minutes in length. A request to address the Board must be submitted in person to the BoardSecretary prior to the start of the meeting.

All Public Comment will be heard at the end of each meeting. Each individual will have the opportunity to speak only once at the time Public Comment is heard and shouldinclude all comments for all items. The Public Comment period will last thirty minutes maximum in length. Speakers will be called according to the order in which the speakerrequest forms are received until the thirty minute period has expired. The Chair may limit the public input on any item or the total amount of time allocated for public testimonybased on the number of people requesting to speak and the business of the Board. If you are a party to a specific item, you will be called upon to speak at the time that issue isbeing considered.

In accordance with Government Code Section 54954,3(a) the Chair may from time to time dispense with public comment on items previously considered by a committeecomposed exclusively of Board members.

In accordance with State Law (Brown Act), all matters to be acted on by the SAFE Board must be posted at least 72 hours prior to the Board meeting. In case of emergency, when a subject ruatter arises subsequent to the posting of the agenda, upon making certain findings, the Board may act on an item that is not on the posted agenda.

CONDUCT IN THE BOARD ROOM The following rule pertains to conduct at Service Authority for Freeway Emergencies Board meetings:

REMOVAL FROM THE BOARD ROOM The Chair shall order removed from the Board Room any person who commits the following acts with respect to any meeting ofthe SAFE Board:

Disorderly behavior toward the Board or any member of the staff thereof, tending to interrupt the due and orderly course of said meeting.

A breach of the peace, boisterous conduct or violent disturbance, tending tu interrupt the due and orderly course of said meeting.

Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and

Any other unlawful interference with the due and orderly course of said meeting.

INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE BOARD

Agendas for the Regular SAFE Board meetings are prepared by the Board Secretary and are available prior to the meeting in the MTA Records Management Department and onthe Internet.

Every meeting of the SAFE Board of Directors is recorded on cassette tapes, and duplicate tapes are available for a nominal charge. A Spanish language translator is available atall Board Meetings. Translators for other languages must be requested 72 hours in advance.

After each Board meeting, a record is prepared which indicates the actions taken by the Board. This record is available on the second business day following the meeting.

DISCLOSURE OF CONTRIBUTIONS

The State Political Reform Act (Government Code Section 84308) requires that a party to a proceeding be~bre an agency involving a license, permit, or other entitlement for use,including all contracts (other than competitively bid, labor, or personal employment contracts), shall disclose on the record of the proceeding any contributions in an amount more than $250 made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. Persons required to make this disclosure shall do so byfilling out a "Disclosure of Contribution" form which is available at the SAFE Board Meetings. Failure to comply with this requirement may result in the assessment of civil orcriminal penalties.

ADA REQUIREMENTS

A cordless microphone is available for those persons with mobility impainnenLs who cannot access the public speaking area. Sign language interpreter services are available bygiving notice at least three business days in advance of the meeting. Please telephnne (213) 922-4600 between 8 a.m. and 5 p.m., Monday through Friday, Our TDD line (800)252-9040.

HELPFUL PHONE NUMBERSCopies of Agendas/Record of Board Action/Cassette Tapes of Meetings - (213) 922 2335 (Records Management Department)General Information/Rules of tire Board - (213) 922-4600Interuet Access to Agendas - www.mta.netTDD line (800) 252-9040

NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.

1. APPROVE minutes of Regular Board Meeting held March 25, 1999.

ADOPT the FY 1999-2000 budget in the amount of $13 million for the operation,maintenance, administration and improvement of the Los Angeles County Kenneth HahnCall Box System.

AUTHORIZE the Chief Executive Officer to negotiate and execute, pending approval ofSAFE’s FY00 Budget, the following interageney agreements:

A) A four-year Cooperative Agreement with the California Department ofTransportation (Caltrans) in an amount not to exceed $200,000;

B) A two-year Agreement, inclusive of a one-year option, with the CaliforniaHighway patrol (CHP) in an amount not to exceed $4,920,000.

4. Public Comment

Consideration of items not on the posted agenda, including: items to be presented and (if requested)referred to staff; items to be placed on the agenda for action at a future meeting of the Board; and/oritems requiring immediate action because of an emergency situation or where the need to takeimmediate action came to the attention of the Board subsequent to the posting of the agenda.

COMMENTS FROM THE PUBLIC ON ITEMS OF PUBLIC INTEREST WITHINCOMMITTEE’S SUBJECT MATTER JURISDICTION

ADJOURNMENT

1Los Angeles County

1

Service Authority for Freeway Emergencies

MINUTES/PROCEEDINGS

LOS ANGELES COUNTYSERVICE AUTHORITY FOR FREEWAY EMERGENCIES

(SAFE)

REGULAR BOARD MEETINGBOARD OF DIRECTORS

MTA Headquarters3rd Floor- Board Room

One Gateway PlazaLos Angeles

Thursday, March 25, 1999Called to order 1:30 P.M.

Directors Present:

Richard Riordan, ChairYvonne Brathwaite Burke, First Vice ChairJames Cragin, Second Vice ChairRichard AlatorreMichael AntonovichHat BemsonJohn FasanaDon KnabeJose LegaspiGloria MolinaJe~my OropezaZev YaroslavskyLarry ZarianTony V. Hams, Ex Officio

One Gateway P!aza, Los Angeles. California 90012-2932(213) 922-2954 ̄ [213) 922-2955

AWARDED a fixed price contract to Maneri Sign Co., Inc. Gardena, the lowestresponsive, responsible bidder to install TTY signage on 4,500 ear boxes in the amountof $126,000.

APPROVED BY A 2/3 VOTE an amendment to Contract No. LAT-053-96 with ComarcoWireless Technologies, Inc. Irvine, to refurbish call boxes in Los Angeles CountyKenneth Hahn Call Box System, for an amount not to exceed $585,000. Due to theproprietary nature of the call box components, an amendment to Comarco WirelessTechnologies, Inc., the manufacturer of the call box, is recommended. The total amendedvalue of the contract shall be $4,924,339.

Closed Session - Con~ference with Le2al Counsel - Existin_~ Litigation-- G.C. 54956.9 (a):

Thalheimer, et al v. Los Angeles Coun~ Service Authority for FreewayEmergencies, et al, Case No. BC 113690

AUTHORIZED settlement agreement which provided tbr various actions to makefreeway call boxes handicapped accessible up to certain limits, including acontract for Assessment of physical accessibility of the call boxes. Authorizedseeking funding for the settlement by cross actions against co-defendants,CalTrans and CHP, and, in addition, funding for the physical accessibility portionout of freeway funds in the Call for Projects.

Prepared by: Christina Lumba-GamboaRecording Secretary

Michele Jackson~Interim Board Secretary

Los Angeles County

Service Authority for Freeway Emergencies

SAFE BOARDJULY 29, 1999

SUBJECT: FISCAL YEAR 1999-2000 BUDGET

ACTION: ADOPT THE FY 1999-2000 BUDGET

RECOMMENDATION

Adopt the FY 1999-2000 budget in the amount of $13 million for the operation, maintenance,administration and improvement of the Los Angeles County Kenneth Hahn (?all Box System.

ISSUE

The Los Angeles County Service Authority for Freeway Emergencies (SAFE) was created 1998, pursuant to California Streets and Highway Code Section 2550 et.seq. The SAFE isresponsible for the operation, maintenance and administration of the Los Angeles CountyKenneth Hahn Call Box System, comprised of over 4,400 call boxes installed throughout LosAngeles County. The proposed FY 1999-2000 budget provides the resources needed for SAFEto operate the system, meet its statutory mission and comply with the terms of the ThalheimerSettlement Agreement.

OPTIONS

The SAFE Board has two alternatives. It can (a) decide to not adopt the proposed budget or (b)make a modification, either a decrease or an increase, to the proposed budget. Neither of theseoptions is recommended.

To ensure the continued operation of the call box system, an annual budget needs to be adopted.Without the budget, SAFE will be unable to operate the system and fulfill its statutory mission.Modification of the proposed budget is also not recommended. The proposed budget wasdeveloped to ensure the SAFE is sufficiently funded for FY 1999-2000. The proposed FY 1999-2000 budget represents a reduction of approximately $3 million compared to the adopted FY1998-99 budget and any additional reduction to the budget may adversely impact SAFE’s abilityto properly fulfill its mission and/or to comply with the terms of the Thalheimer SettlementAgreement.

One Gateway Plaza, Los Angeles, California 90012-2932(213) 922-2954 ̄ (213) 922-2955

FINANCIAL IMPACT

SAFE obtains its revenue from an annual $1.00 surcharge assessed on each vehicle registeredwithin Los Angeles County. Use of these funds is restricted to motorist aid call boxes. SAFE isprojecting to carry over a beginning year fund balance of approximately $21 million for FY1999-2000. This fund balance is due to low initial operating and maintenance costs and thedeferral of accessibility and other improvements until settlement of the Thalhcimer lawsuit. Thecarry over balance will be augmented by approximately $6 million in vehicle registrationrevenue for FY 1999-2000.

The projected SAFE fund balance and the annual vehicle registration surcharge revenuesprovides sufficient funds for the proposed FY 1999-2000 budget. SAFE currently receives noadditional funding from any other source. The FY 1999-2000 proposed budget provides funds toensure compliance with the terms of the Thalheimer Settlement Agreement and to ensure the on-going operation and maintenance of the call box system. As SAFE is currently housed within theMTA, the proposed budget also provides funding to properly reimburse the MTA for the cost ofservices provided on behalf of SAFE.

BACKGROUND

The $13 million proposed FY 1999-2000 budget represents a decrease of approximately $3million or 21% compared to the adopted FY 1998-99 budget. This decrease is primarilyattributable to a reduction in the budget for Contracted Services, which is mainly due to thesettlement of the Thalheimer lawsuit and the deferral of the procurement for additional callboxes. SAFE does not project the need to procure additional call boxes at this time. Otherdecreases in labor, administrative services and equipment are due to a lowered need for theseservices this fiscal year. This decrease will not adversely impact the ability or" SAFE to properlymanage and operate the call box system.

The proposed FY 1999-2000 budget will enable SAFE to meet its major objectives fbr thecoming fiscal year, which include: 1) Implementation of the Thalheimer Settlement Agreement,which includes TTY improvements to 3,600 call boxes and modifications from the edge of theshoulder to the call box and at the call box site to improve accessibility for the mobility impaired;2) Installation of 150 call boxes on County roads; and 3) Evaluation and implementation, appropriate, of operational enhancements, including call answering privatization and call boxmaintenance improvements.

Thalheimer Settlement

In March 1999, the Board approved a settlement agreement regarding the Thalheimer lawsuit.The lawsuit charged that the call box system was inaccessible to individuals who may be deaf,hard of hearing, speech impaired and/or mobility impaired. The Settlement Agreement stipulatesthat SAFE will upgrade the system to ensure accessibility for deaf, hearing and/or speechimpaired individuals and will spend up to $7.5 million to improve the accessibility from the edgeof the shoulder to the call box and at the call box itself for mobility impaired individuals.

Fiscal Year 1999-2000 Budget2

NEXTSTEPS

Upon approval of the budget, staff will begin implementation of the major projects for FY 1999-2000, which include:

¯ Implementation of the Thalheimer Settlement Agreement, which includes TTYimprovements and Mobility Impaired Accessibility improvements to the call box system.

¯ Evaluation of call answering privatization.¯ Management of on-going call box maintenance, cellular service and call answering

operations.

Staffwill monitor the budget and projects to ensure SAFE meets all its requirements in a fiscallyresponsible manner.

ATTACHMENTS

A. Proposed Fiscal Year 1999-2000 Budget Summary

Prepared by: Kenneth Coleman,Program Manager

Executiv/e4)fficeRegio~l Transportation Planningand’Development

ALL~N G. LIPSKYVOffice of the Chief Executive Officer

Fiscal Ycar 1999-2000 Budget3

Proposed Fiscal Year 1999-2000 Budget Summary

Major Expenditure Categories

Attachment A(A-l)

Category

Contracted Services

On-Going Operations(CHP Agreement, CaltransCooperative Agreement, etc.)

Thalheimer Settlement Agreement(TTY Improvements, PhysicalAccess Improvements, etc.)

Professional & Technical Support(Legal & Audit Services,Cellular Analysis, etc.)

Other Services(Call Box SiteModifications,Refurbishment, etc.)

Labor/Fringe/Overhead

Administrative Services

Equipment

Total FY 1999-2000 Budget

$4,401,350

$5,048,331

$1,375,000

$1,448,000

~otal Percentage

$12,272,681 94.5%

$ 475,630 3.7%

$ 208,850 1.6%

$ 27,912 0.2%

$12,985,073 100.0%

Fiscal Year 1999-2000 Budget4

Comparison FY 99 Budget vs. FY 00 Budget

Category FY 99 FY 00 lncrcase/(Decrease)

~Contracted Services $14,592,345 $12,272,681 ($2,319,664)

2Labor/Fringe/Overhead $ 1,111,170 $ 475,630 ($ 635,540)

3Administrative Services $ 388,300 $ 208,850 ($ 179,450)

4Equipment $ 252,500 $ 27,912 ($ 224,588)

Total $16,344,315 $12,985,073 ($3,359,242)

(A-2)

FY00 SAFE Fund Summary

Projected Beginning SAFE Fund Balance

Projected Vehicle Registration & Interest Revenue

Projected Funds Available

FY00 Proposed Budget

Projected Year End SAFE Fund Balance

$21.210,723

$ 6,637,077

$27,847,800

$12,985,073

$14,862,727

’ Decrease due to settlement of Thalheimer lawsuit and deferral of the procurement of additional callboxes.~ Decrease due to real location of staff and decreased funding of staff support services from MTA.s Decrease due to a reduction in the budget for telephone lines and marketing services.4 Decrease due to a reduction in the budget for communications equipment, computer supplies and

vehicle acquisition.

Fiscal Year 1999-2000 Budget

5

(A-3)

DESCRIPTION/SUMMARY

Contracted Services - $12,272,681

Allocation of resources to support the operation of the Kenneth Hahn Call Box System.The FY00 Budget for Contracted Services represents a $2.3 million decrease from theFY99 adopted budget. This decrease is attributed to the settlement of the Thalheimerla,vsuit and the deferral of the procurement for additional call boxes.

Funds are programmed for the following major categories:

On-Going Contractual Operations - $4,401,350

This category includes the contract services necessary for day-to-day operation ofthe call box system. Contracts includes system maintenance, cellular service, callanswering and Caltrans support. Budget is based upon contractual rates andhistorical data regarding the cost to maintain the system.

Implementation of Thalheimer Settlement Agreement - $5,048,331

This category includes the contract services necessary to comply with andimplement the Thalheimer Settlement Agreement. Contract costs include system-wide TTY improvements for the deaf, hard of hearing and/or speech impaired,assessment and implementation of mobility impaired improvelnents. Budget isbased upon contractual rates and the terms of the Thalheimer SettlementAgreement.

Professional and Technical Support - $1,375,000

This category includes contract services necessary to analyze and improve theoverall operation and perl~brmance of the call box systenr. Contracts include theanalysis of cellular service, evaluation of call answering privatization, evaluationof the call box system performance, audit support and legal support. Budget isbased upon project management and departmental estimates to provide theservices.

Other Contract Services - $1,448,000

This category includes other general contracts needed to improve the operation ofthe system. Contracts include the refurbishment of the call box system,

Fiscal Year 1999-2000 Budget

6

implementation of Caltrans’ required site modifications to mitigate the presenceof transverse retaining walls (retaining walls perpendicular to the direction oftravel)and the installation of call boxes. Budget is based upon contractual rates andproject management estimates to perform the required improvements.

(A-4)

Labor/Fringe/Overhead - $475,632

Allocation of funds to cover program management, oversight and support. Thisallocation provides for Project Management, Contracts/Procurement and Accountingsupport and services.

The FY00 Budget for Labor/Fringe/Overhead represents a $635,540 decrease from theFY99 adopted budget. This decrease is attributed to the reallocation of staff and thedecreased funding of staff support services from MTA.

Administrative Services - $208,850

Allocation of funds for general administrative services and support. Services includePrinting, Phones, Insurance, Freight/Postage, Office Supplies, Travel, Training, and othergeneral administrative services needed for the SAFE to properly operate.

The FY00 Budget for Administrative Services represents a $179,450 decrease from theFY99 adopted budget. This decrease is attributed to a reduction in the budget fortelephone lines and marketing. This decrease will have no negative impact on SAFE’soperational ability or its ability to comply with the Thalheimer Settlement Agreement.

Equipment - $27,912

Allocation of funds to ensure the ability of SAFE field staff to use and maintain SAFEnon-revenue vehicles and to procure support equipment needed to properly monitor andadminister the SAFE.

The FY00 Budget for Equipment represents a $224,588 decrease fi’om the FY99 adoptedbudget. This decrease is attributed to reductions in the budget for communicationsequipment, vehicle acquisition and computer supplies. SAFE upgraded and obtainedneeded equipment in FY99 and is not projected to need additional equipment duringFY00. This budget decrease will not affect SAFE’s operational ability or its ability tocomply with the Thalheimer Settlement Agreement.

Fiscal Year 1999-2000 Budget

7

Los Angeles County

SUBJECT:

ACTION:

Service Authority for Freeway Emergencies

SAFE BOARDJULY 29, 1999

AGREEMENTS WITH THE STATE OF CALIFORNIA

AUTHORIZATION TO NEGOTIATE AND EXECUTE INTERAGENCYAGREEMENTS WITH THE CALIFORNIA DEPARTMENT OFTRANSPORTATION AND THE CALIFORNIA HIGHWAY PATROL

RECOMMENDATION

Authorize the Chief Executive Officer to negotiate and execute, pending approval of SAFE’sFY00 Budget, the following interagency agreements:

A) A four-year Cooperative Agreement with the California Department of Transportation(Caltrans) in an amount not to exceed $200,000;

13)A two-year Agreement, inclusive of a one-year option, with the California Highway Patrol(CHP) in an amount not to exceed $4,920,000.

RATIONALE

The negotiation and execution of these agreements is needed to ensure compliance withCalifornia Streets and Highway Code Section 2550 et.seq., California Vehicle Code Section2421.5 and the terms of the Thalheimer Settlement Agreement. Calitbrnia Streets and HighwayCode Section 2550 et.seq, requires Caltrans and the CHP to review and approve plans for SAFEand further requires SAFE to reimburse both agencies for all reasonable costs incurred.California Vehicle Code Section 2421.5 requires SAFE to reimburse the CHP for all reasonablecosts incurred from answering call box calls. The Thalheimer Settlement Agreement requiresCaltrans to review and approve plans within 45 days and requires SAFE to enter into anagreement with a responsible entity to answer Text Teletyperwriter (TTY) call box calls with thesame priority, information and relative speed as voice calls placed from call boxes.

The negotiation and execution of the four-year Caltrans Cooperative Agreement will enableCaltrans to review and approve SAFE’s plans within 45 days and provide a mechanism for SAFEto reimburse Caltrans all reasonable costs incurred due to its review and approval function. TheCooperative Agreement is dated to be in effect from July 1, 1999 to June 30, 2003.

One Gateway Plaza, Los Angeles, California 90012 2932(213) 922-2954 ̄ (213) 922-2955

The negotiation and execution of the one-year Agreement with the CHP will ensure that all callbox calls are answered and responded to equally and that SAFE reimburses the CHP for allreasonable costs incurred. The Agreement is dated to be in effect from July 1, 1999 to June 30,2000, unless SAFE exercises an option to extend the Agreement for one additional year.

FINANCIAL IMPACT

Funding for both agreements is included in SAFE’s FY00 proposed budget in cost center 3351 -SAFE, under project number 300209 - SAFE and line item 50320 - Contract Services.Budgeting for future year funding of these Agreements, including any option, is theresponsibility of the cost center manager and Executive Officer.

ALTERNATIVES CONSIDERED

SAFE can decide not to negotiate and execute the Cooperative Agreement with Caltrans and/orthe Agreement with the CHP. This alternative is not recommended since SAFE requires Caltranssupport to properly operate the Kenneth Hahn Call Box System and the CHP to answer andrespond to call box calls. While SAFE has the option to pursue the privatization of call box callanswering, which requires the concurrence of the CHP, neither SAFE nor the CHP are preparedto implement this option at this time.

BACKGROUND

The Los Angeles County Kenneth Hahn Call Box System is comprised of over 4,400 call boxesinstalled throughout Los Angeles County and generates approximately 30,000 calls per month.The majority of these call boxes are installed on state highways and freeways. The CooperativeAgreement with Caltrans establishes the working relationship between SAFE. the owner andoperator of the call box system, and Caltrans, the owner and operator of the statc highway andfreeway system. Issues such as the issuance ofperrnits, the timely review and approval of plans,the temporary removal of call boxes and other operational items are covered in this CooperativeAgreement. The negotiated contract value ensures that only reasonable costs incurred arereimbursed by SAFE to Caltrans.

The Agreement with the CHP ensures that all call box calls will be answered and handled in aprofessional and timely manner. Pursuant to Calitbrnia Vehicle Code Section 2421.5, SAFEmay contract with the CHP or a private entity to answer and handle call box calls. SAFE isevaluating the feasibility of contracting call answering services with an outside private company,but has not made a final determination at this time. This Agreement with the CHP will enableSAFE to continue providing the motorists of Los Angeles County with call box services andconcurrently examine and, if appropriate, develop plans to privatize call box call answeringoperations. The Agreement maintains current service levels, dedicated call box operators andsupervisors, and ensures minimal redirection of the dedicated personnel. This negotiatedAgreement ensures that SAFE will contract for sufficient CHP resources to answcr call box callsat a reasonable cost.

Caltrans & CIII’ Agreements

2

NEXT STEPS

Upon approval, staff will finalize the negotiations and execution of the agrcements with bothagencies to ensure compliance with the California Streets and High~vay Code, California VehicleCode and the Thalheimer Settlement Agreement.

ATTACHMENTS

A. Cooperative Agreement with the California Department of TransportationB. Agreement with the California Highway Patrol

Prepared by: Kenneth ColemanProgram Manager

i~.e uE~ea;~ Pl2ing

and Development

ALLAN G. LIPSKY ~- ~ffiOffice of the Chief Exeeutive eer

Caltrans & CHP Agreements

3

56789

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AGREEMENT BETWEEN THE STATE OF CALIFORNIADEPARTMENT OF CALIFORNIA HIGItWAY PATROL

ANDTHE LOS ANGELES COUNTY SERVICE AUTHORITY FOR FREEWAY

EMERGENCIES

This AGREEMENT, made and entered into this 1st day of July, 1999, by and between theState of California acting by and through the Department of California Highway Patrol,hereinafter called CHP, and the Los Angeles County Service Authority for FreewayEmergencies, hereinafter called SAFE, under provisions of the California Vehicle CodeSections 2421.5, and the Streets and Highway Code Chapter 14 (commencing with Section2550) to Division 3.

TERMS AND CONDITIONS:

By and in consideration of the covenants and conditions herein contained, the SAFE and theCHP do hereby agree as follows:

This AGREEMENT is for services and assistance provided by the CHP inaccordance with the "CHP/Caltrans Call Box and Motorist Aid Guidelines,"hereinafter called "Guidelines," as they may be revised from time to time, with theSAFE’s approval and in accordance with California Vehicle Code Section 2421.5,and which are attached hereto as "Exhibit A" and incorporated herein by thisreference.

This AGREEMENT shall be effective for the period July 1, 1999 through June 30,2000 and the payments to CHP from SAFE under this AGREEMENT shall notexceed $2,400,000, unless SAFE executes the option to extend the AGREEMENTfor one (1) additional year in which case the AGREEMENT shall terminate on June30, 2001 and the payments to CHP from SAFE under this AGREEMENT shall notexceed $4,920,000, subject to the following terms and conditions:

2.1. This AGREEMENT shall not become effective until (1) the SAFE hassubmitted to CHP a copy of the resolution, order, motion, or ordinance fromthe SAFE Board approving execution of this AGREEMENT and identifyingthe individual authorized to sign on behalf of the SAFE, and (2) thisAGREEMENT is duly signed by both parties.

2.2. This AGREEMENT may be extended for a period of one (1) year providedSAFE notifies CHP in writing, no later than January 31, 2000. If so notified,this AGREEMENT will be in effect through June 30, 2001. SAFE and CHPagree to meet before or in January 2000 to discuss the option of outsourcingcall answering and, if applicable, a transition plan to implement theoutsourcing of call answering.

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2.3. This AGREEMENT may be modified only in writing if duly approved andsigned by both parties, and shall be modified by the parties to conform to anyfuture changes to federal or state law which affect the terms of thisAGREEMENT.

2.4. Because of early termination costs incurred by both parties, either party mayterminate this AGREEMENT before the expiration of its term, or anyextension, only upon six (6) months prior written notice to the other party,without incurring any additional cost.

For services and assistance herein, the SAFE agrees to reimburse CHP quarterly, inarrears and upon receipt of an itemized invoice, for the charges identified in thisAGREEMENT. Upon receipt, review and approval by SAFE, payment shall bemade to CHP as invoiced within sixty (60) days. If payment is not submittedbecause of a dispute, SAFE agrees to submit the reason(s) for the dispute to CHPwithin thirty (30) days of receiving the invoice charges.

3.1. Payment shall be made to:

Department of California Highway PatrolAccounting SectionP.O. Box 942898Sacramento, CA 94298-0001

3.2. Invoices shall be sent to:

Los Angeles County SAFEAttn: SAFE Program Manager1 Gateway Plaza, M.S. 99-22-7Los Angeles, CA 90012

LEVEL OF SERVICE TO BE PROVIDED BY CHP

CHP agrees to provide the following level of service for SAFE call box calls.

4.1. As a standard, 95% of call box calls shall be connected within 20 secondsand answered by operators within 60 seconds after the first ring at the centerand handled to conclusion within 4 minutes (240 seconds) or less.

4.2. SAFE understands that the use of a translation service may adversely impactthe level of service due to potentially longer call handling time, andcommunication using TTYs is slower than voice communication to theextent that typing is slower than speaking. SAFE understands that cellularconnection time outside the Communications Center is out of CHP’s control.SAFE further understands that inclement weather, extraordinary events oracts of nature, which are beyond CHP’s control may adversely impact the

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level of service and CHP’s level of service requirements may be excused forsuch events.

4.3. CHP Los Angeles Communications Center (LACC) staffand SAFE shallmeet monthly to review and discuss call box service levels and discussmethods to ensure the achievement &the level of service.

4.4. CHP shall ensure that call takers are adequately trained to use TTYequipment, trained to switch from TTY mode to voice mode easily during acall, and shall query all open line calls with a TTY.

4.5. CHP shall receive and respond to calls made utilizing TTYs in call boxeswith the same priority and substantially the same speed as it receives andresponds to voice calls placed from call boxes.

4.6. In the event the standard, as outlined in section 4.1, is not met for a onemonth period, SAFE and CHP shall confer, agree upon and implementmeasures to rectify the situation.

CHP PERSONNEL

SAFE shall reimburse CHP for Communications Operator IIs (CO IIs) andCommunications Supervisor Is (CS Is) personnel costs, based upon the third step(mid step) of the wage scale at the time &invoicing The CHP Statewide SAFECoordinator and the Word Processing Technician personnel costs will be based onthe actual step of the wage scale at the time &invoicing. CI-tP agrees to providestaffbased upon the following:

5.1. Communications Operators (CO II)

A total of up to thirty-one (31) trained CO IIs assigned, as needed, todedicated Call Box Call Answering Positions (CAPs). CHP shall developmonthly CAP staffing schedules designed to meet the level of service andmaintain operational flexibility. A copy of the CAP schedule will bemaintained on file for SAFE review and shall be reviewed during the monthlymeetings between LACC and SAFE.

5.2. Communications Supervisor Is (CS I)

Four (4) CSIs to provide dedicated on-floor supervision of CAP operators.CSI schedules will be adjusted for 24 hour coverage. One (1) CSI shall assigned at all times, per shifts "A," "B," and "C." Supervisors will provideon-floor supervision of CAP operators for at least 75% of the shift time, andwill keep daily activity/status reports summarizing daily shift activity.Reports will be kept on file for SAFE review and shall be reviewed duringthe monthly meetings between LACC and SAFE.

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.3. CO II Operator in Charge (OIC)

One (1) trained CO II OIC to provide as needed dedicated on-floorsupervision of the CAP operators during any shift. The OIC shall beavailable to provide as needed CAP operator supervision in the absence of aCSI. The OIC will keep daily activity/status reports summarizing daily shiftactivity. Reports will be kept on file for SAFE review and shall be reviewedduring the monthly meetings between LACC and SAFE. SAFE shall only beinvoiced for the time that the OIC was performing SAFE related duties.

5.4. Communications Operators (CO ID Training Positions

Two (2) CO II training positions shall be provided to train CO II positionsfunded by SAFE. SAFE shall only be invoiced for the time that the COIltraining positions were performing SAFE related duties.

5.5. Word Processing Technician (WPT)

One (1) WPT position to support SAFE related administrative activities andduties at LACC, and to provide documentation to the SAFE whenrequested, including but not limited to: staffing reports, time-sheets, call boxcall answering statistics. At a minimum the documentation shall be availableand reviewed during the monthly meetings between LACC and SAFE.Reimbursement for the WPT will be based on the actual step of the wagescale for the incumbent WPT, at the time of invoicing.

5.6. Statewide CHP SAFE Coordinator

SAFE shall pay for its proportional share of the actual wage rate for a singleCHP SAFE Coordinator at the time of invoicing. The SAFE Coordinatorposition will be used exclusively for SAFE related business.

Each SAFE’s proportional share billing "factor" will be determined at thebeginning of each fiscal year by comparing the number of motor vehiclesregistered within each SAFE’s boundaries to the total number of motorvehicles registered in all counties who have entered into SAFE agreementswith the CHP. This proportional share will be billed over four fiscalquarters. ClIP will include an estimation of the SAFE Coordinator’spersonnel costs in the annual staffing estimation.

Overtime and Training Pay Reimbursement

SAFE agrees to reimburse CHP for training pay (skill pay) and overtime incurred CAP/OIC operators, CSIs and the WPT in support of this AGREEMENT.

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6.1. Overtime Reimbursement

SAFE shall reimburse the CHP for overtime incurred above the total regularCAP/OIC, CSI and WPT. SAFE shall only reimburse CH~ for overtimeincurred above and beyond the time required to fill the positions authorizedin this AGREEMENT, as outlined in Section 5. The total overtime incurredfor all categories combined shall not exceed the following amounts:

OptionYear 1 Year 2$126,970 $133,320

The CI-~ will inform the SAFE, in writing, in the event that the annualovertime reimbursement limit is going to be exceeded and an explanation ofthe overtime usage. Upon such notification, the SAFE may, at its solediscretion, authorize the CHP in writing to exceed the authorized limit.SAFE will not reimburse the CHP for any overtime beyond the limit that hasnot been authorized in advance by the SAFE. SAFE understands that ifovertime reimbursement limits are reached and no authorization is providedby the SAFE to exceed the limit, the CHP may not be able to guaranteestaffing levels, may not be able to provide the required administrativesupport, and may not be able to achieve the level of service outlined inSection 4.

Overtime reimbursement for the WPT shall be pre-approved in writing bySAFE. Reimbursement for the WPT overtime shall be billed at the actualwage rate of the incumbent at the time ~finv~icing.

6.2. Training Pay (skill pay) Reimbursement.

SAFE agrees to reimburse CHP for actual training pay in effect at the timeof invoicing and incurred by CO II Training Operators in support of thisAGREEMENT. Training pay reimbursement shall be billed at the actualcost paid to Training Operators, for training new operators on CAPpositions and procedures, pursuant to their collective bargaining agreement.CHP shall itemize the time spent training on the invoices.

Redirection Policy

Operators assigned to a CAP shall handle call box calls only. However, CHPreserves the right, to use CAP operators to handle 9-1-1 emergency calls for shortinstances (not to exceed 3 minutes per CAP operator per hour) when the needarises. In the event of major emergencies CHP will notify SAFE in writing, within30 days, that a long term staffing redirection was required. CHP will not requireapproval from SAFE before such a staffing redirection is made.

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SAFE shall not be invoiced for costs associated with or incurred due to the longterm redirection of staff. The long term redirection of the operators must not havea negative impact on the standards established in Section 4. ClIP shall ensure thatthe dedicated on-floor CAP supervisor is not redirected at any time.

SAFE may, at its sole discretion and cost, conduct audits of CHP’s redirection ofCAP operators. The findings of any such audit will be reviewed by CHP and SAFEand, if appropriate, reductions to invoices will be taken to ensure the appropriateuse of SAFE funds.

Communication Center Operations

It is anticipated that there shall be a need to review staffing requirements andprocedures during the term of this AGREEMENT. CHP and SAFE shall reviewand modify the staffing requirements and procedures to support the suggested levelof service outlined in Section 4 in the event of the following occurrences:

8.1. Staffing Review and Modification

SAFE may request, or CHP may perform at its own cost, a staffing analysisto determine if the current authorized level of staffing is sufficient to handleSAFE call box calls, at the level of service outlined in Section 4. If a changein staffing is required due to a non-predicted need, or significantincreases/decreases in call box calls, the CHP and/or SAFE may request inwriting that such a change be made, subject to the following:

8.1.1. SAFE or CHP, will submit a letter to the other party, with applicablesubstantiating data, indicating any necessary changes in staffing. Theother party shall have thirty (30) days to provide a written responseindicating concurrence or disagreement with the recommendation.

8.1.2. ClIP can only hire additional staff after receiving a writtencommitment from SAFE to fund additional position(s).

8.1.3. If a decrease is mutually agreed to, up to six (6) months will necessary to make every legal and budgetary effort to re-direct theCAP operators position(s) to prevent personal hardships. In event will SAFE pay for the personnel after six (6) months.

8.2. Management/Administration

CHP LACC shall review, maintain, modify, the following for CAP operators,supervisors and staff, as needed, and provide SAFE with copies:

8.2.1.8.2.2.8.2.3.

Standard Operating ProceduresTraining Methods and MaterialsWork Aids (quick reference cards, tip sheets, etc.)

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8.3. LACC and SAFE shall meet monthly to discuss:

8.3.1.

8.3.2.8.3.3.

8.3.4.8.3.5.

Call box call answering reports, including personnel reports asdefined in Section 5 and performance reports as defined in Section8.4, and required level of service.Overall operational procedures and concerns.Strategies to ensure that the best level of service possible is providedto call box users.Call box staffing, overtime and invoice review.Current technological trends which would reduce costs.

8.4. Data/Reports

CHP LACC shall provide SAFE with monthly reports and/or data regardingCHP operations specific to handling call box calls. The reports and/or datato be generated from the ACD (telephone system) will be available startingthe month after final acceptance of the ACD takes place. The methodologyand availability of these reports/data will be dependent upon the limitations,capabilities, and parameters of the telephone system. CHP agrees to provideSAFE with call box call information in a format that is accessible anduseable, such as diskettes or tapes. The reports shall be reviewed during themonthly meeting between LACC and SAFE.

8.4.1. Summarized Monthly Personnel Reports

This report shall indicate the number of scheduled and actualCAP/OIC operators, and CSIs per shift, the number CAP/OICoperators and CSI overtime hours per shifts, and the actual numberof CAP/OIC operator and CSI hours worked per shift. The reportshall also provide identical information regarding the use of any COIItraining operators and the WPT. CHP shall maintain copies of allCAF/OIC operators, CSI, COIl training operator and WPT timesheets. The individual time sheets will be available for review by theSAFE at the monthly meetings and upon request by SAFE.

8.4.2. Summarized Monthly Staffing Reports

This report shall contain information regarding the number ofavailable CAP operators per shift, the CAP operator assigned pershift, the total number of operators available and the CSI assignedper shift.

8.4.3. Overtime Report (LACC)

This report shall summarize the usage of overtime by each authorizedcategory. The report shall provide a summary of overtime used forthe quarter, to date and the amount of authorized overtime

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remaining. The report shall also provide a general description orjustification regarding the use of overtime. The report shall becompiled on a monthly basis for each authorized category.

8.4.4. Redirection Report (LACC)

This report shall summarize on a monthly basis the amount of timeand the number of instances CAP operators were redirected. Thereport shall also indicate if the redirection of staff had any negativeimpact on the standard as outlined in Section 4.

8.4.5. TTY Usage Report (if available)

CHP LACC shall provide SAFE with a monthly summary of theusage of the TTYs. The report shall provide the total number ofTTY calls and the type and number of TTY calls (i.e. actual TTYcall, error, CAP instituted).

8.4.6. Monthly call box call answering performance data

CHP LACC shall provide on a monthly basis data regarding call boxcall answering performance. Exhibit "B" provides a list of the datarequested by the SAFE.

8.4.7. Monthly truck utilization data

CHP LACC shall provide on a monthly basis data regardingdedicated call box trunk utilization. Exhibit "B" provides a list of thedata requested by the SAFE.

8.4.8. Monthly call disposition data

CHP LACC shall provide on monthly basis data regarding thedisposition of call box calls. Exhibit "B" provides a list of the datarequested by the SAFE.

8.4.9. Monthly SAFE Coordinator Summary Reports

CHP shall provide on a monthly basis a summary report on theactivities of the Statewide Coordinator.

8.5. Interaction with the Media

8.5.1. CHP LACC and SAFE shall coordinate all requests to ensure aprompt, proper and correct response. Under no circumstances shallCHP represent or respond for the SAFE, nor shall SAFE represent orrespond for CHP. A copy of all responses provided by the CHP shall

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be forwarded to the SAFE and a copy of all responses provided bythe SAFE shall be forwarded to the CHP.

8.5.2. CHP LACC and SAFE shall be responsible for jointly coordinatingall appropriate media and public information releases regarding thecall box system.

ClIP agrees to submit an itemized invoice quarterly to the SAFE which may includethe following charges:

ONGOING:

9.1. Personnel costs (salary, benefits and overtime) determined under the termsof this AGREEMENT. Operator and Supervisor personnel costs will bebased on the third step (mid step) of the wage scale for CommunicationsOperators in effect at the time of invoicing. SAFE Coordinator and WordProcessing Technician personnel costs will be based on the actual step of thewage scale for each position incumbent, at the time of invoicing. Thesecosts are subject to change according to increases and/or decreases in Stateof California salary and benefit rates, which are beyond CHP control.

9.2. Indirect Costs - in accordance with California State Administrative ManualSection 8752 and 8752.1, indirect costs will be applied to the monthlypersonnel costs. The indirect cost rate is determined by the CHP andapproved by the California Department of Finance (DOF) and is subject change each State fiscal year. A notice reporting any change to the indirectcosts rate will accompany the first quarter invoice affected by the change.SAFE Coordinator shall inform SAFE of any change to the indirect costsrate schedule as soon as known.

9.3. Translation Service - call box related charges billed to CHP by a TranslationService Contractor that are directly attributable to SAFE, will be reimbursedby SAFE. CHP will maintain a contract with a translation service to providenecessary interpretation/translation services for call box-related calls. CItPwill bill SAFE, in arrears, quarterly for charges billed by the translationservice contractor. All SAFE invoices will be accompanied by copies ofbillings from the translation services contractor.

In the event CHP requires communications center equipment directly related to thecall box system, CI-IP shall provide SAFE with a written request detailing the needand cost of the equipment to SAFE. SAFE shall have 30 days to provide a writtenresponse to said request. Upon SAFE’s approval, CHP shall be responsible for theprocurement, installation and maintenance of the equipment and SAFE shallreimburse ClIP for the approved equipment, as agreed upon in SAFE’s writtenresponse. No equipment shall be installed in a CItP facility which does not meet allCHP operational and technical specifications.

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ll.

12.

13.

14.

15.

16.

17.

18.

19.

In the event SAFE implements modifications to the call box system which requiresmodifications to CHP communication center equipment, SAFE shall fund thenecessary technology/equipment, integration and modification, maintenance andnecessary resources for the CHP to appropriately answer and dispatch incoming callbox calls originating from SAFE’s motorist aid system of call boxes, or SAFE willreimburse CHP for these costs. No communications center equipment will beinstalled in a CHP facility which does not meet all of CHP’s operational andtechnical specifications.

SAFE shall ensure that all dedicated CAP positions are equipped with a TTY, thatthe same features for voice calls are also used for TTY calls to the extent that thereare equivalent features, that the TTYs are maintained in good working order andback-up TTYs are available. SAFE shall be responsible for all costs associated withthe maintenance and availability of these TTYs. ClIP shall ensure that the TTYsprovided by SAFE are properly handled and used.

The maintenance of the call box system, including the telephone service and linecosts shall be the sole responsibility of the SAFE.

In support of the new telephone system to be installed in LACC, SAFE agrees topay the one-time installation costs of a T 1 Trunk and the monthly service thereafterfor the Meridian Max Standard Telephone System once fully installed and acceptedby the CliP.

SAFE shall have the right to periodically, but at least monthly, place test calls fromTTYs installed in call boxes.

All communications center equipment purchased under this AGREEMENT shallbecome the sole property of the CHP, unless the equipment, such as the TTYdevice, was purchased specifically by and for SAFE in which case the equipmentshall become the sole property of SAFE.

CHP shall review SAFE’s plans and specifications for upgrading or modifying theSAFE’s call box system, and provide written comment within Forty-five (45) workdays of submittal by SAFE. If the Forty-five (45) work day time frame cannot met, the CHP shall notify SAFE, in writing, specifying the reasons why andindicating the additional time required.

The total amount of this AGREEMENT shall not exceed $2,400,000. If extendedfor one additional year, the total amount shall not exceed $4,920,000. Eachquarterly invoice shall include a thorough explanation and justification for any newadditional charges or changes of the amounts of past charges.

SAFE may, at its sole discretion and cost, conduct audits of any CHP SAFE relatedactivities and requirements, including but not limited to financial, performance,compliance, and/or personnel, related to this AGREEMENT. CHP shall keep andmaintain full and complete records and books of account of its costs and expenses

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20.

21.

22.

relating to the performance of this AGREEMENT, in accordance with generallyaccepted accounting practices. Upon reasonable advanced written notice SAFEand/or its representatives shall have the fight to examine any books, records,accounts and other documents directly pertaining to this AGREEMENT and thecosts incurred. CItP shall keep and preserve all such books, records, accounts andother documents for a period of at least three (3) years from and after thecompletion of this AGREEMENT or if this AGREEMENT is terminated in wholeor in part after the termination of this AGREEMENT.

AGREEMENT will not be adversely affected by the use of existing CHP products,equipment, hardware, software, electronic components and systems (individuallyand collectively referred to herein as CHP Equipment) which may be non-Year2000-compliant, and that all CHP Equipment acquired after the effective date of thisAGREEMENT and relied upon by CHP in the performance of this contract shall be"Year 2000 Compliant." As used herein, the term, "Year 2000 Compliant" shallmean that CHP Equipment acquired after the effective date of this AGREEMENTwill continue to perform the same functions and provide the same level of accurateinformation and calculations during the years 1999, 2000, and thereafter, as it didprior thereto. In that regard, CHP warrants and represents that the functionality ofthe ClIP Equipment acquired after the effective date of this AGREEMENT, and theCHP services provided will not be adversely affected by the fact that suchinformation and/or calculations may be provided. CI-IP agrees to test all existingClIP equipment used in the provision of CI-IP services under this AGREEMENT toassess its performance with dates after 1999, and has modified, replaced ordeveloped appropriate procedures for the continued use of that CHP equipment toprevent interruption of the CHP services specified in this AGREEMENT from, intoand between the twentieth and twenty-first centuries, and the years 1999 and 2000.

Neither the CHP or any officer, agent, or employee shall be responsible for anydamage or liability occurring by reason of anything done or omitted to be done bythe SAFE under or in connection with any work, authority, or jurisdiction delegatedto the SAFE under this AGREEMENT. Pursuant to Government Code Section895.4, the SAFE shall fully indemnify and hold CI-IP harmless form any liabilityimposed for injury (as defined by Government code Section 810.8) occurring reason of anything done or omitted to be done by the SAFE under or in connectionwith any work, authority, or jurisdiction delegated to the SAFE under thisAGREEMENT and for which the SAFE would otherwise be liable.

Neither the SAFE nor any officer, agent, or employee shall be responsible for anydamage, or liability occurring by reason of anything done or omitted to be done byCHP or in connection with any work, authority, or jurisdiction delegated to the CHPunder this AGREEMENT. Pursuant to Government Code Section 895.4, CHP shallfully indemnify and hold the SAFE harmless from any liability imposed for injury (asdefined in Government Code Section 810.8) occurring by reason of anything doneor omitted to be done by CHP under or in connection with any work, authority, orjurisdiction delegated to CHP under this AGREEMENT and for which the CHPwould otherwise be liable.

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23. Except as otherwise provided in this AGREEMENT, any dispute concerning aquestion of fact arising under this AGREEMENT which is not disposed of bymutual agreement of the parties may be submitted to an independent arbitratormutually agreed upon by the CHP and SAFE. The arbitrator’s decisions shall benon-binding and advisory only, and nothing herein shall preclude either party, at anytime, from pursuing any other legally available course of action, including the filingof a law suit. Pending a final decision of a dispute hereunder, both parties shallproceed diligently with the performance of their duties under this AGREEMENT,and such continued performance shall not constitute a waiver of any rights, legal orequitable, of either party relating to the dispute.

24. All services under this AGREEMENT shall be coordinated by:

25.

26.

Department of the California Highway PatrolTelecommunications Sections860 Stillwater RoadWest Sacramento, CA 95605(916) 375-2901

The contact person shall be the CI-IP SAFE Coordinator.

Los Angeles County SAFE1 Gateway Plaza, M.S. 99-22-7Los Angeles, CA 90012(213) 922-2951

The contact person shall be the SAFE Program Manager.

This AGREEMENT, and any attachments or documents incorporated herein byinclusion or reference, constitutes the complete and entire agreement between theCHP and SAFE and supersedes any prior representations, understandings,communications, commitments, agreements or proposals, oral or written.

Under no circumstances will SAFE or its subcontractor(s) use the name "CaliforniaHighway Patrol" or "CHP" to promote a product which is part of the call boxsystem without the written consent of the CHP.

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STATE OF CALIFORNIADEPARTMENT OF CALIFORNIAHIGHWAY PATROL

By:Administrative Services Officer

Date:

LOS ANGELES COUNTYSERVICE AUTHORITY FORFREEWAY EMERGENCIES

By:

Title:

Date:

By:Counsel, Los Angeles SAFE

Date:

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