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services from COUNTY. COUNTY expressly retains all riqhts and powers to direct. <br />1.02 Nothing in this Agreement shall be interpreted to give CITY a right to <br />services from COUNTY. COUNTY expressly retains all rights and powers to direct, <br />manage, maintain, train, employ, equip, operate and control all equipment, facilities, <br />properties and personnel in providing law enforcement helicopter services to CITY <br />pursuant to this Agreement. CITY acknowledges and agrees that the efficient use of <br />public safety helicopter services requires a timely and prioritized response of a <br />helicopter. CITY agrees that COUNTY will have the sole discretion to determine the <br />priority of calls for service and when an assignment of an air crew to a call will be <br />terminated. <br />1.03 Notwithstanding anything in the Agreement to the contrary, the CITY <br />expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, <br />operate and control all equipment, facilities, properties and personnel in providing <br />ground based public safety services to its land and residents. <br />COUNTY PROVIDED SERVICES <br />2.01 COUNTY will furnish the CITY with public safety helicopter services as more <br />particularly set forth in Exhibit "A," attached hereto and incorporated herein by this <br />reference. COUNTY and helicopter aircrews retain the sole and exclusive discretion as <br />to the specific type, nature, timing and duration of the services performed pursuant to <br />this Agreement. <br />2.02 In no event shall SHERIFF or the aircrew be responsible for the direction <br />and control of ground based law enforcement personnel and equipment of CITY during <br />the course and scope of the services performed pursuant to this Agreement. <br />2.03 Due to the source of funding, COUNTY agrees to comply with the <br />applicable CDBG Reg's set forth in the CDBG ADDENDUM attached hereto and <br />incorporated herein as Exhibit B. <br />CITY DUTIES <br />3.01 CITY shall pay COUNTY as determined by COUNTY pursuant to Paragraph <br />4.01 of this Agreement, for services provided by COUNTY under this Agreement. The <br />services performed by the SHERIFF helicopter shall commence as of the date and time <br />the helicopter is dispatched to, or arrives over, the airspace of the CITY, whichever <br />occurs first. These services shall continue until the aircrew notifies the CITY that the <br />assignment is complete or that the assignment must be terminated due to a higher <br />priority assignment. Services performed by SHERIFF helicopter for the CITY shall be <br />defined as: <br />A. A direct request for air support services by the CITY where a SHERIFF <br />helicopter arrives over the incident as logged by the aircrew (operationally identified as <br />Helicopter Assigned) or; <br />B. Any public safety call generated by the CITY and monitored by a SHERIFF <br />aircrew in which they arrive over the incident as logged by the aircrew (operationally <br />identified as Call Monitored and Responded) or; <br />Page 2 of 7