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Exhibit B <br /> Payment Provisions <br /> A. Annual Flight Hours, Cost, and Payment: <br /> 1. Pursuant to Government Code Section 51350, City agrees to pay to County the full costs of <br /> performing the services mutually agreed upon in this Contract. The level of service and costs are set <br /> forth in Section B, which shall be amended in subsequent years as the Parties deem appropriate. <br /> 2. The Santa Ana City Council delegates authority to the City Manager to execute the subsequent <br /> amendments in year two (July 1, 2027-June 30, 2028) and year three (July 1, 2028-June 30, 2029) <br /> for the contract amount of the first year of this agreement, plus up to ten percent and any future <br /> salary and benefit increases. Any increase beyond ten percent for any amendment of this Agreement <br /> will require City Council approval. <br /> 3. Flight hours that are deemed countywide service will not be counted towards the contracted flight <br /> hours per year. The following type calls are deemed countywide service: Vehicle pursuits, bank <br /> robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, <br /> felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. <br /> 4. City shall not receive a refund if the total flight hours,on an annual basis, are less than the contracted <br /> flight hours per year. Upon 30 days written notice to City, County may adjust the hourly rate based <br /> on County's annual operating cost and the average time per call. Any services in excess of the <br /> contract flight hours per year, on annual basis, shall be billed to City. <br /> 5. County will provide the City with a monthly flying hour report detailing assigned call time, patrol <br /> time and countywide service time spent over the City's jurisdiction as provided by Sheriff aircrews. <br /> The City shall notify the Sheriffs Special Operations Division Commander within ten days of <br /> receipt of the monthly flying hour report of any disputed call times. The Special Operations Division <br /> Commander and the City Supervisor will review the service provided by Sheriff on a monthly basis <br /> to ensure that it coincides with the agreed upon service level. The Special Operations Division <br /> Commander will be responsible for resolving disputes and adjusting service levels. <br /> 6. County shall invoice City monthly and will require payment by City of one-twelfth (1/12) of the <br /> Maximum Obligation of City. If a determination is made that increases due to Employee Bargaining <br /> must be paid, County thereafter shall include the pro-rata charges for such increases in its monthly <br /> invoices to City for the balance. <br /> 7. At the time this Contract is executed, there may be unresolved issues pertaining to potential changes <br /> in salaries and benefits for County employees. If changes result in the County incurring or becoming <br /> obligated to pay for increased costs for or on account of personnel whose costs are included in the <br /> calculations of costs charged to City hereunder, City shall pay County,the full costs of said increases <br /> to the extent such increases are attributable to work performed by such personnel after the starting <br /> date of this Contract. City shall pay County in full for such increases on a pro-rata basis over the <br /> portion of the Contract term remaining after County notifies City that increases are payable. <br /> If City is required to pay for such increases, County, at the request of City, will thereafter reduce <br /> the level of service provided to City to a level that will make the Maximum Obligation of City an <br /> amount specified by City. The purpose of such adjustment of service levels will be to give City the <br /> option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other <br /> higher or lower level specified by City. In the event of such reduction in level of service and <br /> County of Orange Page 1 of 2 <br /> Sheriff Coroner Department <br />