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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 />ANNUAL FLIGHT HOURS. COST AND PAYMENT <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 />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 />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 />Page 3of6