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<br /> <br /> <br /> <br /> <br /> 3.03 CITY agrees to install within its communications/dispatch center any radio <br /> equipment necessary to communicate directly with SHERIFF on the designated <br /> "SHERIFF CALL" frequency (800 MHz Talk Group). All costs associated with said <br /> installation shall be paid by CITY. <br /> <br /> ANNUAL FLIGHT HOURS, COST AND PAYMENT <br /> <br /> 4.01 The COUNTY shall provide Three Hundred and Sixty-Five (365) flight hours <br /> to the CITY per year. Pursuant to Government Code Section 51350, CITY agrees to pay <br /> to COUNTY the full cost of performing the services mutually agreed upon in this <br /> Agreement. CITY shall pay COUNTY the annual operating cost as set forth in Exhibit <br /> "A," for Three Hundred and Sixty-Five (365) flight hours of service per year provided to <br /> CITY under this Agreement ("Contract Amount") for the first year of this agreement (July <br /> 1, 2012- June 30, 2013). For the second year of this Agreement, a written amendment <br /> will be executed to amend the Annual Flight Hours, Cost and Payment section of the <br /> Agreement and Exhibit A. Any services in excess of Three Hundred and Sixty-Five <br /> (365) flight hours per year, on an annual basis, shall be billed at the hourly rate set forth <br /> in Exhibit "A." CITY shall not receive a refund if the total flight hours, on an annual basis, <br /> are less than Three Hundred and Sixty-Five (365) flight hours per year. Upon thirty (30) <br /> days written notice to CITY, COUNTY may adjust the hourly rate in Exhibit "A" based on <br /> COUNTY's annual operating cost and the average time per call. COUNTY will provide <br /> CITY with a monthly invoice that is one twelfth of the annual Contract Amount. CITY <br /> shall pay COUNTY the Contract Amount set forth in Exhibit "A" in accordance with <br /> COUNTY Board of Supervisors' approved County Billing Policy, which is attached <br /> hereto as Exhibit "B." <br /> 4.02 COUNTY will provide the CITY with a monthly service statement detailing all <br /> calls for service and time spent on routine patrol over the CITY's jurisdiction as provided <br /> by SHERIFF aircrews. The CITY shall notify the SHERIFF's Special Enforcement <br /> Bureau Commander within ten (10) days of receipt of the monthly statement of any <br /> disputed calls for service. The Special Enforcement Bureau Commander and the CITY <br /> Supervisor will review the service provided by SHERIFF on a monthly basis to ensure <br /> that it coincides with the service level as set forth in Exhibit "A." The Special <br /> Enforcement Bureau Commander will be responsible for resolving disputes and <br /> adjusting service levels to coincide with Exhibit "A." <br /> INDEMNIFICATION <br /> <br /> 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury, <br /> damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the <br /> performance of services pursuant to this Agreement. Accordingly, the provisions of this <br /> Agreement should be construed and interpreted to provide the fullest possible <br /> protection to COUNTY. CITY acknowledges that COUNTY would not provide services <br /> in the absence of the commitments of CITY as specified in this Agreement. <br /> <br /> 5.02 To the fullest extent permitted by law, CITY shall defend at its expense <br /> including attorney's fees and with counsel approved in writing by COUNTY, indemnify <br /> and hold harmless COUNTY and its officers, employees, and agents (collectively, the <br /> <br /> <br /> Page 3 of 6 <br /> 25B-5 <br />