25N - ENFORCEMENT HELICOPTER SERVICES

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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 an adjusted rate that accounts for the cost to AGENCY for the salary and benefits of the AGENCY employed sergeant utilized by ABLE as provided for in Article IV and Exhibit "A." IV ABLE COLLECTIONS 4.01 AGENCY shall pay ABLE Thirty Thousand Dollars per month ($30,000) as set forth in Exhibit "A," for Two Hundred Ninety-Four (294) flight hours of service provided to AGENCY under this Agreement ("Contract Amount'). Any services in excess of Two Hundred Ninety-Four (294) flight hours, on an annual basis, shall be billed at a rate of One Thousand Eight Hundred Two Dollars and Ninety-Three Cents ($ 1802.93). AGENCY shall not receive a refund if the total flight hours, on annual basis, are less than Two Hundred Ninety-Four (294) flight hours. 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 Contract Amount set forth herein and in Exhibit "A" for the preceding month of set-vice. 4.02 The Contact Amount reflects a credit that takes into account the cost of the provision of a full-time sworn police sergeant from AGENCY to ABLE as set forth in Section 3.04 and Exhibit "A." 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. 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 INDEMNIFICATION 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 services in the absence of the commitments of AGENCY as specified in this Agreement. 5.02 To the fullest extent permitted by law, AGENCY shall indemnify, defend and hold harmless ABLE, its Member Agencies their boards, officers, agents and employees (collectively, the "Indemnified Parties) fiom and against any and all claims (including, without Airbonie Law Enforcement Services 25N-5