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<br />1.04 This Agreement shall not alter, amend, supersede or modify any of the provisions <br />of the Joint Powers Agreement for Airborne Law Enforcement Services, dated October 25, 1999, <br />and as amended ("JPA "). <br /> <br />II <br />SERVICES <br /> <br />2.01 ABLE, through its Member Agencies, will furnish the AGENCY with public <br />safety helicopter services as more particularly set forth in Exhibit "A", attached hereto and <br />incorporated herein by this reference, and subject to the limitations in the JP A. The term of the <br />Agreement shall be for one (I) year, subject to renewal for successive one (1) year terms as <br />mutually agreed to by the parties. ABLE, the Member Agencies and helicopter aircrews retain <br />the sole and exclusive discretion as to the specific type, nature, timing and duration of the <br />services performed pursuant to this Agreement. <br /> <br />2.02 In no event shall ABLE, the Member Agencies or the aircrew be responsible for <br />the direction and control of ground based law enforcement personnel and equipment of <br />AGENCY during the course and scope of the services performed pursuant to this Agreement. <br /> <br />III <br />AGENCY DUTIES <br /> <br />3.01 AGENCY shall pay ABLE a subscriber cost, as determined by ABLE pursuant to <br />Paragraph 4.01 of this Agreement, for services provided by ABLE under this Agreement. The <br />services performed by the ABLE aircraft shall commence as of the date and time the aircraft is <br />dispatched to or arrives over the airspace of the AGENCY, whichever occurs first. These <br />services shall continue until the aircrew notifies the AGENCY that the assignment is completed <br />or terminated due to higher priority assignments. Services performed by ABLE Aircraft for the <br />AGENCY shall be defined as: <br /> <br />A. A direct request for air support services by the AGENCY where an ABLE <br />aircraft arrives over the incident as logged by the aircrew (operationally <br />identified as a "D-l " call) or; <br /> <br />B. Any public safety call generated by the AGENCY and monitored by an ABLE <br />aircrew in which they arrive over the incident as logged by the air crew <br />(operationally identified as a "D-2" call) or; <br /> <br />C. Routine patrol over AGENCY's jurisdictional areas. <br /> <br />The AGENCY may authorize its ground based public safety supervision to cancel a <br />response as defined under subsection B. <br /> <br />3.02 AGENCY agrees to comply with the FAR Part 91 Operations Manual Section <br />4085 in making calls for services, which establishes priority for calls to ABLE. <br /> <br />2 <br />