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<br />response as defined under subsection B. <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 />3.03 AGENCY agrees to install within its communications/dispatch center any radio <br />equipment necessary to communicate directly with ABLE on the designated "ABLE CALL" <br />frequency (800 MHz Talk Group). All costs associated with said installation will be paid by <br />AGENCY. <br />3.04 AGENCY shall provide afull-time sworn police sergeant employed by the <br />AGENCY for use by ABLE in providing law enforcement helicopter services. AGENCY shall <br />receive a credit against monthly service charges as provided in Section 4.02. <br />IV <br />ABLE COLLECTIONS <br />4.01 AGENCY shall pay the rate, set forth in Exhibit "A" to ABLE for services <br />provided to AGENCY under this Agreement. Upon thirty (30) days written notice to AGENCY, <br />ABLE may adjust the rate in Exhibit A based on ABLE's annual operating cost and the average <br />time per call. AGENCY shall pay the monthly rate set forth in Exhibit "A" for the preceding <br />month of service. <br />4.02 AGENCY shall receive a credit for the provision of a full-time sworn police <br />sergeant from AGENCY to ABLE as set forth in Section 3.04. Such credit shall be equal to the <br />cost to AGENCY for the salary and benefits for each month the sergeant is utilized by ABLE. <br />The credit shall be included in the total service provided to the AGENCY as set forth in Exhibit <br />"A". A credit shall not result in a refund of monies paid by AGENCY to ABLE. A credit shall <br />not be transferred by AGENCY to another public agency. <br />4.03 ABLE will provide the AGENCY with a monthly statement detailing all calls for <br />service and time spent on routine patrol over the AGENCY'S jurisdiction as provided by ABLE <br />aircrews. The AGENCY shall notify the ABLE Bureau Commander within ten (10) days of <br />receipt of the monthly statement of any disputed calls for service in which they are billed. The <br />Bureau Commander and the AGENCY Supervisor will review the service provided by ABLE on <br />a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A". The <br />Bureau Commander will be responsible for resolving disputes and adjusting service levels to <br />coincide with Exhibit "A". <br />V <br />INDEMNIFICATION AND WAIVER <br />5.0] AGENCY agrees that ABLE and the Member Agencies should be fully protected <br />from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way <br />related, to the performance of services pursuant to this Agreement. Accordingly, the provisions <br />of this Agreement should be construed and interpreted to provide the fullest possible protection <br />3 <br />