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3.02 AGENCY agrees to comply with the FAR Part 91 and Operations Manual Section 4085 in making calls for services, which establishes priority for calls to ABLE. 3.03 AGENCY agrees to install within its communications/dispatch center any radio equipment necessary to communicate directly with ABLE on the designated "ABLE CALL" frequency (800 MHz Talk Group). All costs associated with said installation will be paid by AGENCY. 3.04 AGENCY shall provide a full-time sworn police sergeant employed by the AGENCY for use by ABLE in providing law enforcement helicopter services. AGENCY shall receive a credit against monthly service charges as provided in Section 4.02. IV ABLE COLLECTIONS 4.01 AGENCY shall pay the rate, set forth in Exhibit "A" to ABLE for services provided to AGENCY under this Agreement. Upon thirty (30) days written notice to AGENCY, ABLE may adjust the rate in Exhibit A based on ABLE's annual operating cost and the average time per call. AGENCY shall pay the monthly rate set forth in Exhibit "A" for the preceding month of service. 4.02 AGENCY shall receive a credit for the provision of a full-time sworn police sergeant from AGENCY to ABLE as set forth in Section 3.04. Such credit shall be equal to the cost to AGENCY for the salary and benefits for each month the sergeant is utilized by ABLE. The credit shall be included in the total service provided to the AGENCY as set forth in Exhibit "A". A credit shall not result in a refund of monies paid by AGENCY to ABLE. A credit shall not be transferred by AGENCY to another public agency. 4.03 ABLE will provide the AGENCY with a monthly statement detailing all calls for service and time spent on routine patrol over the AGENCY's jurisdiction as provided by ABLE aircrews. The AGENCY shall notify the ABLE Bureau Commander within ten (10) days of receipt of the monthly statement of any disputed calls for service in which they are billed. The Bureau Commander and the AGENCY Supervisor will review the service provided by ABLE on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A". The Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A". V INDEMNIFICA TION AND WAIVER 5.01 AGENCY agrees that ABLE and the Member Agencies should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to ABLE and the Member Agencies. AGENCY acknowledges that ABLE would not provide 3 25M-5