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"SHERIFF CALL" frequency (800 MHz Talk Croup). All costs associated with said installation shall be paid by CITY. ANNUAL FLIGHT HOURS, COST AND PAYMENT 4.01 The COUNTY shall provide Three Hundred and Sixty -Five (365) flight hours to the CITY per year, with the exception of the contract period July 1, 2015 - June 30, 2016, during which the COUNTY shall provide Three Hundred and Sixty -Six (366) flight hours to the CITY. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full cost of performing the services mutually agreed upon in this Agreement. CITY shall pay COUNTY the annual operating cost as set forth in Exhibit "A," for Three Hundred and Sixty -Five (365) flight hours of service provided to CITY under this Agreement ( "Contract Amount ") for the first year of this agreement (July 1, 2014 - June 30, 2015), For each subsequent year of this Agreement, a written amendment will be executed to amend the Annual Flight Hours, Cost and Payment section of the Agreement and Exhibit A. Any services in excess of the contracted flight hours per year, on an annual basis, shall be billed at the hourly rate set forth in Exhibit "A." The Santa Ana City Council delegates authority to the City Manager to execute the subsequent amendments in year two (July 1, 2015 -June 30, 2016) and year three (July 1, 2016 -June 30, 2017) for the contract amount of the first year of this agreement as outlined in Exhibit "A" plus up to ten percent (10 %). Any increase beyond ten percent for the amendments of this Agreement will require City Council approval. 4.02 Flight hours that are deemed countywide service will not be counted towards the contracted flight hours per year. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. CITY shall not receive a refund if the total flight hours, on an annual basis, are less than the contracted flight hours.per year. Upon thirty (30) days written notice to CITY, COUNTY may adjust the hourly rate in Exhibit "A" based on COUNTY's annual operating cost and the average time per call. COUNTY will provide CITY with a monthly invoice that is one twelfth of the annual Contract Amount. CITY shall pay COUNTY the Contract Amount set forth in Exhibit "A" in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Exhibit "B." 4.03 COUNTY will provide the CITY with a monthly flying hour - report detailing assigned call time, patrol time and countywide service time spent over the CITY "s jurisdiction as provided by SHERIFF aircrews. The CITY shall notify the SHERIFF's Special Enforcement Bureau Commander within ten (10) days of receipt of the monthly flying hour report of any disputed call times. The Special Enforcement Bureau Commander and the CITY Supervisor will review the service provided by SHERIFF on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A." The Special Enforcement Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A." INDEMNIFICATION 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the Page 3 of 7 25A -5