Loading...
HomeMy WebLinkAbout1988-05-23-1000AM-Specialr • E AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, MAY 23, 1988, 10:00 A.M. 1988 HA 20 ?,'1 9 20 ' i BRAZOS COUNTY ' 1 BRYAN. TEXAS R• i l.' Approval of the minutes of the meeting held on May 9, 1988. 2. Consider and take action to authorize the Attorney General to include Brazos County in lawsuits for the collection of sales and use taxes. i 3. Consider and take action on agreements from consultants in J regard to Brazos County's health insurance plan. 4. Approval of Trade & Loan Agreement of Cellular One and Brazos County Civil Defense. 5. Acknowledge receipt and take action on court order from Dis- trict Judge's in regard to County Auditor. 6. Consider and take action on budget amendments. 7. Consideration of award of Dilly Shaw Tap Road Structure No. 1 and authorize the payment thereof. 8. Consider and take action of maintenance on roads that are inside the city limits. . 9. Consider and take action on personnel change of status. 10. Payment of claims. 11. Adjourn s V® PAG g~ d I ' I i i - I ISSIONERS' COURT ?ECIAL MEETING MAY 23, 1988 s i e V0 A special meeting of the Commissioners' Court of Brazos County, Texas was _ in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 ia.m. on Monday, May 23, 1988, with the following members of the I1Court present: R. J. Holmgreen, County Judge, Presiding; Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Carol Snedeker Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office I~ A. H. Winder County Engineer I Travis Nelson District Clerk Sandie Walker Treasurer Ronnie Miller Sheriff Louis Garcia, Jr. Constable Pct. 4 li Julia Stevenson Treasurer's Office Cathy Bryan Engineer's Office Robert McGlohon Bryan/College Station Eagle it Alice Brown KBTX-TV Andy Richardson KBTX-TV I~ Ramiro Quintero Brazos County Resident f Bubba Moore Candidate County Comm. Pct. 3 Don Ballard Visitor ~I Roy Barnes Mayor, Wixon Valley Howard Long Visitor The Court first considered approval of the minutes of the l iCommissioners' Court meeting held May 9, 1988. On motion by I iCommissioner Cooley, seconded by Commissioner Beard, the Court i IIvoted unanimously to approve the minutes as submitted. II The Court next considered authorizing the Attorney General ~I of Texas to include Brazos County as a plaintiff in any suit i brought by the Attorney General on behalf of the State of Texas IIfor the collection of sales and use taxes penalties and interest Ilwhich may be owed to this taxing authority. On motion by iCommissioner Cooley, seconded by Commissioner Turner, the Court voted unanimously to authorize the Attorney General of Texas to i ,include Brazos County in any suit for the collection of taxes. A icopy of the authorization is attached to and made a part of these I I if ~'1 • ws " r • • • Commissioners' Court meeting May 23, 1988 minutes. The court next considered retaining a consultant to assist in elvaluating the County's Health Insurance Plan. The consultant would study the current plan, assist in the preparation of specifications for bidding for health insurance and evaluate all bids received. On motion by Commissioner Beard, seconded by Commissioner Wilcox, the Court voted unanimously to retain David Atkinson to act as the County's consultant relating to-health insurance. The Court next considered entering into agreement with McCaw Communication DBA/Cellular one in which Cellular one will provide to the Brazos County Civil Defense Unit one (1) Novatel 380 telephone at no charge. The County will be assessed a Municipal !rate of $.20 per minute for air time used. If the equipment is i stolen or destroyed in circumstances other than a civil defense emergency, Brazos County will bear McCaw's replacement cost of the telephone. On motion by Commissioner Beard, seconded by Commissioner Wilcox, the Court voted unanimously to authorize the County Judge to enter into a Trade & Loan Agreement on behalf of ' Brazos County with McCaw DBA/Cellular One for the use of one (1) Novatel 380 telephone. A copy of the agreement is attached hereto. The Court next considered an Order of the District Court setting the salary of the County Auditor at $36,422 effective May 23, 1988. The County Judge moved to acknowledge and accept the Court Order. The motion died for lack of a second. The Court discussed the consequences of a mid-year salary increase and budget amendment that would affect the General Fund expenditures. Commissioner Cooley moved for acknowledgement and acceptance of the Court order but it too died for lack of a second. After considerable discussion, Commissioner Wilcox moved to table the Order and the budget amendment until he could visit with the District Judges and discuss the matter further. Commissioner Beard seconded the motion. In a show of hands Commissioners Beard, Turner and Wilcox voted "Aye", Commissioner Cooley and the VOL PAG f1i •S I I i . I i i i I 1 I !i I f ~ j VO Commissioners' Court meeting May 23, 1988 i County Judge voted "No", whereupon the County Judge declared the i I motion carried. i The Court next considered awarding the following bid: i Bid No. 88-411 - Dilly Shaw Tap Road Structure No. 1 for the j Road & Bridge Department I Bidder Base Bid Start/Cpl. j 1. Lilljedahl Bros. Const. $29,968.68 20/50 days 2. Fuqua Const. Co. $31,071.00 10/45 days 3. Young Bros. $36,081.00 10/45 days 4. Steele Const., Inc. $48,588.57 30/45 days 5. Vara Const. Co., Inc. $55,641.00 20/60 days 6. The Boswell Co. $56,805.00 30/120 days j t Holland Winder, County Engineer, stated after visiting with the State Department of Highways and Public Transportation, he recommended acceptance of the low bid submitted by Lilljedahl Brothers Construction. On motion by Commissioner Wilcox, seconded by Commissioner Beard, the Court voted unanimously to accept the recommendation of the County Engineer and award the contract to Lilljedahl Brothers ~I Construction. ,jCommissioner Wilcox stated the funds to pay for the construction I~Iwould come from the Certificates of Obligation. The Court next considered the maintenance of former county ~ I Broads that now lie within the city limits of a municipality. ';``Commissioner Cooley stated that he had asked for further jiclarification of the Attorney General's ruling from an attorney and was informed that if the road in question is a connecting ~ilink or forms an integral part of a county road or highway, then I~ j ,with the cities' consent, the county could maintain the road. The (Commissioner then moved to have the County maintain the following goads stating that maintenance would not be limited to these goads and that sometime in the future other roads would be added and some would be deleted: Pct. 1: 1. Arrington Pct. 2: No roads 2. Greens Prairie 3. Barron 4. Graham 5. Bradley 6. Bird Pond 7. Dowling 8. I &GN (Near Dowling) 9. Quail Run Drive AG F r I i f • • • a` y r_ . Commissioners' Court meeting May 23, 1988 Pct. 3: 1. Dansby Pct. 4: 1. Turkey Creek 2. Sara 2. F&B Road 3. Marcy 3. Whites Creek 4. Pamela 5. Linda Lane The motion died for lack of a second. The County Engineer I explained to the Court that the list presented by Commissioner Cooley had been prepared prior to the incorporation of Wixon Valley in Precinct 2. Commissioner Wilcox felt that it was the sole authority of the Engineer and the Road and Bridge Administrator to designate which roads were connecting links and Ilto define the scope of the work to be done on each. The County Judge mentioned that the Attorney General's opinion did not (state which entity would be responsible for payment. It was the consensus of the Court that the County would assume full ilresponsibility for payment. The County Judge continued by telling , the Court that in February of this year, under the direction of 'Ithe Court, he had written to the Mayors of Bryan, College Station land Wixon Valley regarding the intergovernmental agreement which (must be entered into prior to continuing maintenance. He stated the had not heard from any of the Mayors. Commissioner Beard f Imoved to accept the roads previously listed for continued county I I ~imaintenance, be free to add to or delete from the listing, any jroad so designated all this with a signed letter of consent from each of the municipalities involved. The motion was seconded by IlCommissioner Turner. In a show of hands, Commissioners Beard, 1 !Cooley and Turner voted 'Aye'. Commissioner Wilcox abstained !citing that this was not within the law, did not meet the `requirements of the intergovernmental agreement, and lacked !specific data on the scope of work to be done. The County Judge (declared the motion carried. The Court proceeded to consider the change of status of the 'following employees. NAME DEPARTMENT REASON Crum, Tykie Sheriff Office Resignation Scott, Bradley Sheriff Office Transfer Hightower, Glen DA/Task Force Resignation On motion by Commissioner Turner, seconded by Commissioner a F Vr I- JK-5 - 4&0 . i I i Zommissioners' Court meeting May 23, 1988 Wilcox, the Court voted unanimously to approve the changes as submitted. i The Court next considered the following Claims as submitted by the County Treasurer for payment: 10 General Fund----------------Claims 106341 thru 106699 20 Road & Bridge---------------Claims 106802 thru 106906 21 Boonville Cemetery----------Claims 106712 thru 106714 30 Capital Projects & Improvements: i Proposition I---------Claims 106715 thru 43 Oil & Gas Fund--------------Claims 106716 thru 54 Health Department-----------Claims 106737 thru 106746 70 Indigent Health Care--------Claims 106747 thru 106783 90 Community Services Off------Claims 106784 thru 10678 91 Juvenile Comm. Grant--------Claims 106787 thru 106788 ! 94 Victim Assistance Prog------ Claims 106789 thru 106793 95 Comm. Crime Prevention------Claims 106794 thru 96 Family Violence-------------Claims 106795 thru 106796 97 Narc. Traf. Task Force------Claims 106797 thru 106801 on line checks - 40810, 40819 through 40820 On motion by Commissioner Beard, seconded by Commissioner Wilcox, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. 1 1 i i t t V0 AGE aa' Oil' i • 0 The foregoing minutes have been examined and approved in open Court this the. I1; day of 196&)'(29 , in Bryan, Brazos County, Texas. -R. Jtl mgreen County Judge 'Palter wilcox Commissioner, Precinct 2 MRlt' ri 'Turner Commissioner, Precinct 4 Bill J,/Cooley Commissioner, Precinct 1 Billy ear Commis over, Precinct 3 js; ~~J' d~ Fran Boris i County Clerk 4 R.J. (DICK) HOLMGREEN COUNTYJUDGE BRAZOS COUNTY, TEXAS Braz os County Courthouse 300 East 26th Street, Suite 114 Bryan, Texas 776034327 (409) 361-4102 F Attorney General of Texas Collections Division P. O. Box 12548 Capitol Station Austin, Texas 78711-2548 Re: Sales and Use Tax Suit Authorization Taxing Authority of Brazos County Dear Sirs: The above identified taxing authority hereby authorizes the Attorney General of Texas to include it as a Plaintiff in any suit brought by the Attorney General on behalf of the State of Texas to collect sales and use taxes, penalties and interest, which may be owed to this taxing authority. It is understood and acknowledged that this authorization will continue in effect unless written revocation is delivered to the above address by certified mail. Taxing Authority of Brazos County By: J R. J. H mgreen, Coun y Judge ~k 4 fi E I ~1~~, •Z 3. ) 9 8 8 Date: This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on Jim Mattox Attorney General of Texas VOLS.-PAGE~~ t C~ J • McCaw Communication TRADE b LOAN AGREEMENT DBA/ Cellular One BRAZOS COUNTY. TEXAS_ 400 Tarrow Drive 300 Ea. 26th Street College Station, TX 77840 Bryan, Texas 77803 A. CONSIDERATION PROVIDED BY MCCAW COMMUNICATIONS CELLULAR TELEPHONE COMPANY Define items, service and cther valuable consideration(s) that Cellular One will provide to BRAZOS COUNTY CIVIL DRFENSE as part of this Agreement. Specify the value of each items to be provided (attach addition- al pages if necessary). DESCRIPTION QUANTITY VALUE NOVATEL 380 795.00 EXTRAS AIRTIME WILL BE CHARGED AT MUNICIPAL RATES Tn ARA7r)g COUNTY CIVrr. nF.FF.NSF. BRAZOS COUNTY TEXAS TOTAL VALUE $ 795_()n I. . B. CONSIDERATION PROVIDED BY BRAZOS COUNTY CIVIL DRFENSE Define items. service and other valuable consideration(s) that BRZ. CTY. rTV ?L DEF. . will provide to Cellular One as part of this Agreement. Specify the value of each of the items to be provided (attached additional pages if necessary). • i VOL PAG E r two DESCRIPITON QUANTITY VALUE ANY SORT OF PUBLIC SERVICE ANNOUNCEMENTS. ETC_ THAT wrT.T. R,g CAGK Zii CELLULAR ONE AS A CONTRIBUTOR OF THE PHONE FOR THE BCCD. EXTRAS TOTAL VALUE $ W IA CONDITIONS C. Cellular One will provide all items, services and other valuable consideration(s) to BRAZOS COUtiTY on or before MARCH 15, 1988 D. BRAZOS COUNTY will provide all items, services, publicity, and other valuable consideration(s) to Cellular One on or before MARCH 15, 1990. through COMMENTS SPECIFIC TERMS: if the equipment is stolen or damaged in circumstances other than a civil defense emeregency Brazos County Civil Defense Department will bear MCCaw's replacement cost of the telephone CONTINGENCY: VOL " U~ PAGE i 26 , Ab I. . Page three I The rollowing individuals, acting as authorized representatives or their res pective I companies, do hereby agree to the above arrangement and by their signatures represent that there is no other consideration given by either party other than that herein studied. AGREED TO BY McCaw Communications DBA Cellular One AGREED BY ~C ! 4'.d i BY: s (title) County Judge (title) ; (date) (date) • 11 ~ fa t i 1 i i - - - - - - THE WHITLEY cc 476-71in AUSTIN, TIMA1 ..0 Cellular One 400 Tarrow Street College Station, TX 77840 Billing Activation Date (409) 696.0528 , Account Number. Mobile Phone Number, Account Name Lief~r~ ,Phone jarApplicant Name Home Phone 13MOOs Ca•t r;l M 40-34/- eC -C. N 1 ' Billing Address Clty tatsN/~ Zlp 2 O Residence i C C v Nl ? ors a~rM.r - 7 8 0 0 Business Local Street dress (If Different From Billing Address) City State Zip i S M a- I Applicant Home Address 300 ,E• d /vT 57 , O City State ZIP j . su=T~ 778 , Name of Phone User. Occupation. Title or Rank Drivers License Number-41 State Social Security Number Bank Credit Card Number. Type of Card. Expiration Date: . / i z -j5 Lsto- 0- folio NIW ' N I R Type of Business DSB Number. Tax Exempt Identification Number. O Federal ❑ State 0 Municipal WHY DID YOU CHOOSE CELLULAR ONE? Year Make Model State License Number Vehicle Identification Number (VIN) Mobile Phone Number, Unlock Code. Scheduled Installation Oats Installation Center. j Transceiver Unit M. Control Unit F. Electronic Security IP FCC Cods F. ' Phone Manufacturer Model Antenna Manufacturer Model 1 Equipment O Purchase O Lease O Rent O COAM 8VTh'. Service Package Read Paragraphs 3C 6 D on reverse tj O Economy O Basic O V I P. INNh iGpA) 1 (2 year term) O Frequent Use (1yearterm) lamer 1 Cuel Inlllale rwlaL Nltl W 1 1 i MONTHLY SERVICE EQUIPMENT THROUGH CELLULAR ONE O Monthly Service Fee f O Purchase Price = 1 ❑ Feature Package ❑ Installation 1 ❑ Call Forwarding ❑ Lease Subscription Fee O Call Diversion ❑ Lease Payment ❑ Three Way Calling Total Unit Cost. O Call Waiting Remaining Payment No at ;kDetalled Billing 2. 00 O Insurance Con O Toll Restriction O Security all O Hot Line/Speed Dial Equipawt Total i ❑ Incoming Only 1 l O Outgoing Only ❑ Cellular Secretary" y 0 1 O Basic O Professional ❑ Executive (5-311 sec) (10-45 sec) (25-3 min) Monthly Total $ Service Total (From Startup Service Fees) _ ;27, 00 START UP SERVICE FEES Equipment Total (From Equip. Through Cellular One) Federal Tax (If applicable) Activation Charge = ~S 0 State Tax (If applicable) O Monthly Total Total ---1 O Security Deposit O Less Payment Service Total i~ 6,e d;//y/ToW Ow i -2sLL~ Form of Payment f I Check No. Cash$ "'It Subscriber Indicates pyInitialing here t'rte'^'•=, Subscriber authorizes- Company to charge adyamount dueunder this Subscription Agreeme~t~to1 P O Amt. $ Date the credit card account described above. L T By signature below Subscriber confirms the truth and completeness of the above information and acknowledges It has read all terms and conditions on the reverse side of this 4 Subscription Agreement Including specifically those appearing In Paragraphs 3(c). ](d), 3(a). 7 and & Subscriber further authorizes any personal ref•rencas or consumer report Ing/credit agencies to furnish Company with or obtain from Company Subscriber's credit records or history In the evert of unauthorized signature by an agent W a corporate or•J• other business subscriber, the undersigned agrees to be Individually liable for amounts not paid when due. , , I r I Authorized Sig tell /Date Prl Name Dealer Sales Representative Cellular One Customw Service Representative, ( 030 011110 O Exempt O Special O Deposit $ E) Carrier ceAlR4ats NWAW 0Insurance. . , .'ILA VD - PAGE 5-~ i r i - ,r r r~ u ~J ~ • • ,err ~ t . SUBSCRIPTION AGREEMENT General Terms and Conditions ThbissnAgrolo stbetweenfhecustomershmoriftfeversealde("Subsicribeirlardthecellulatprovldershownonthereversesidercgmparty'yfortheprovlalonoftellulsfradio--I- ofmittnkatfona services ("Service". This Agreement shall not be binding upon Company unless and until accepted and executed by an authorized employee of the company. I Availability Service is available to the Subscriber's receiving equipment rUnIIJ only when it Is within the operating range of the Ompany's cellular system, and SeMa Iq tubjeCt topAsnI{asW limitations caused by atmospheric or topograpftleal Condltlona Service may be temporarily refused, limited. Interrupted, or curtailed due to governmental regsilaliona oromder "Or ca,dty~imI equipment mOdifrWtrons upgrades, relocations, repair's and sfmllar actfwtles necessary or appropriate for the proper operation of the Sprvic~ ♦ , I,,, A 2 Use of Service. Subscriber acknowledges that Company will rely on Subscribers' represen talion that the Unit and Service will be used primarily for business purposes and not pdhna , y for; artt;I family, household oraguMtural purposes. Orders fpraetivaUng,changing or tgrmmaluig Service will be accepted by the Company only from Subscriber or its authorizedagetiL Subsicrlb4fthi6 ftrfetary or ownership rights to or interests in a specific telephone ngmberassrgned toSu0criber's Unit and Company shall reserve the righLio change telephone numberasslgnments from time to 111misbyghrIM iiotfse ' • of the change to Subscnber Subscriber may not use or as¢¢Ign its telephone number tp any other Unit or elecVgnic serial number ("ESN's. Subscriber shalt got program any other telephone numberinto no !puts and any such act shall be deemed an Immediate termination by Subscriber I f ' ' J Subscriber is responsible for ensuring that the Unit is technically and operationally compatible with the cellular system and In conformance with applicable Federal Communications CommisslonrFC0 rules and regulations. Subscriber agrees not to use its Unit for any unlawful or abusive purpose or in such away as to create damage or risk tO Company's business, reputation, employees, facifts, third partfe at to the public generally 3. Term/RatesRermuution. _ 1 - a The term of this Agreement will commence on the Service Activation Date ahowrrort the reverse side and continue until terminated in the mapnerprovldedbelosi pm It* ni4ntNls unichaw is payable in advance upon execuflon of this Agreement - --~4r Q in the case of a monthly Agreement, Subscriber a Com any may terminate upon at least 30 days' advance written notice to the other. In such event, Su scriber will pay all char a p' Safest for periods through the date of termination. Subscriber will return all Company-owned or leased equipment to Company within five days of any termination, y I / , 'I - "-I G IF SUBSCRIBER SELECTS A PUN WITH A FIXED TERM LONGER THAN ONE MONTH (SUCH AS AN ANNUAL PLAN) AND SO INDICATES BY INITIALING ONTHE REVERSE OFTHIS AGRFf MEh% THEINITIAL TERM OFTHIS AGREEt11ENTSHALL CONTINUE FORTHENUMBER 06FULL MONTHS APPLICABLE TOTHEPLAN SELECTED. UNLESS TERMINATED BYCOMPANY ORSUMNSERSY30 Ys ADVANCE WRITTEN NOTICE PRIOR TO THE END OF THE INITIAL (OR ANY RENEWAL) TERM, THE INITIAL (AND EACH PENEINAL•TERM) OF THIS AGREEMENT WILL BE IIUTOM&ClLUf`XNdNE~FQ~i SUCCESSIVE TERMS OF THE SAME NUMBER OF FULL MONTHS AS THE INITIAL TERM. 7 M SUBSCRIBER ACKNOWLEDGES THATIT WILL BE CHARGEDA SPECIAL RATE (SUBJECT TOCHANGEAS PROVIDED IN (d) BELOW) IN CONSIDERATION OFSUBSCRIBER'S AGREEMENTTO SUBSCRIBE i FOR A FIXED TERM PERIOD LONGER THAN ONE MONTH SUBSCRIBER AGREES THAT COMPANY WILL BE DAMAGED BY SUBSCRIBER'S EARLY CANCELLATION OF THIS AGREEMENT, AND THEREFORE SUBSCRIBER AGREES TO PERFORM ALL OF ITS OBLIGATIONS UNDER THIS AGREEMENT FOR THE ENTIRE TERM HEREOF. ANY ATTEMPTED TERMINATION OF THIS AGREEMENT BYSUBSCRIBERPRIOR To THE EXPIRATION OF THE AGREEMENT TERM SHALL BEA BREACH HEREOF IN THE EVENT OF SUCH BREACH, COMPANY SHALL HAVE THE OPTIONOF(i)ACCEPiINGTHEATTEMPiEDTERMINATIOV EFFECTIVE 30 DAYS THEREAFTER UPON SUBSCRIBER'S PREPAYMENT OF THE GREATER OF (a) A $100 CANCELLATION FEE AND A $100 FEE FOR EACH QUARTER OR PART THEREOF REMAINING IN THE TERM OF THIS AGREEMENT OR (b) THE MONTHLY ACCESS FEES OWED OVER THE REMAINING TERM OF THIS AGREEMENT, OR (if) NOT ACCEPTING SUBSCRIBER'S TERMINATION OF THIS AGREEMENT AND SEEKING ALL DAMAGES AVAILABLE AT UAW OR EQUITY TO COMPANY AS A RESULT OF SUBSCRIBER'S BREACH OF THIS AGREEMENT.. SUBSCRIBERS MAY CHANGE TO ANOTHER RATE PLAN UPON THIRTY DAYS' NOTICE TO COMPANY. NO TRANSFER CHARGE SHALL BE ASSESSED, AND THE ORIGINAL TERIiIOFTHISAGREEI PENT SHALL REMAIN UNMODIFIED. ' It. , d. COMPANY AESERVESTHERIGHT TOYODIFYiHECHARGES FORSERVICE SHOWNONTHEREVERSE HEREOF ATANYTIMEDURING THETERM OFTHISAGREEMEYTUPON30-DgYAPVANCE NOTICE TO SUBSCRIBER INACGORDANCE-WITH ARiFFPROVISIONS(IFXNY).ACCEPTANCES BYCOMPANY OFADVANCEPAYMENTS BYSUBSCRIBER SHALLNOTBEDEE96DAWAIVEROF~CpOMPANY3 RIGHT TO MODIFY ITS CHARGES ATANY TIME AND SHALL NOT RELIEVE SUBSCRIBER OF ITS OBLIGATION TO PAY SUCH MODIFIED CHARGES IN THE CASE OF ANY MODIFICATION OFCHARGES,AFD(ED TERM (s, NOT MONTHLY) SUBSCRIBER SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT BY WRITTEN NOTICE DELIVERED TO COMPANY WITHIN 15 DAYSAFTER SUCH SUBSCRIBER IS INFORMED OF THE PROPOSED MODIFICATION, PROVIDER HOWEVER, THAT UPON RECEIPT OF SUBSCRIBER'S ELECTION TO TERMINATE THIS AGREEMENT, COMPANY SHALL HAVE 15 DAYS TO NOTIFY SUBSCRIBER OF ITS INTENT NOT TO MODIFY SUBSCRIBER'SChARGES, IN WHICH CASE THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT AND BINDING ON SUBSCRIBER FOR THE FULL TERM ATTHE CHARGES APPLICABLE TO SUBSCRIBER WITHOUT EFFECT OF THE PROPOSED MODIFICATION f e Should Sut:scfiber default in the payment of any sum hereunder, breach any representations herein, fail to perform any of its obligations at the time and In the manner specified in this Agreement or under any other agreement between Company and Subscriber, or fail to maintain any Unit without damage or interference to Company business or fatuities, or should Subscriber be the subject of any proc,eodlrip under the Bankruptcy Act or become insolvent, Company shall have the right to discontinue Service at any time without notice and/or terminate this Agreement. In either case, Subscriber shall remain Ilabie for the payment of all charges due Company under this Agreement, which shall be immediately due and payable. Further, Subscriber may be subject to reactivation charges it Service Is subsequently recoq~ menced These remedies are not exclusive but are in addition to all remedies provided by law In the event of Subscriber's default, Subscriber will reimburse Company for court costs, attomeys' fees, coft361 • r investipt.on or collection and similar expenses incurred byres parry in the enforcement of any right or privilege hereunder, Time is of the essence, and Company's failure at anytime to require strict performance by Subscriber of anjrof the brovislons hereof shall not waive of diminish Company's right to thereafter demand strict compliance with any provisions of this Agreement F e Deposrb The Company may, at its sole discretion, require an applicant or Subscriber to make a suitable deposit with the Company lobe hold as a guarantee of the payment ofchargeslfnotprohfbW by applicable laws or tariffs, deposits received by Company maybe commingled with other Company funds and will not accrue Interest for Subscriber's benefit. Upon termination of this Agreement, any deposit or advance ,enice charges will be applied to pay any charges then or thereafter due, and any excess will be returned without interest within 60 days after termination to Subscriber at its last-known address, If the US: Postal Service is not able to deliver such funds to Subscriber and returns the funds to Company, such returned unused advance payments or deposit funds shall be maintained for the account of Subscriber forbne,ear, subject loan account servicing fee of SlUmonth. Any portion remaining after such one-year period shall be conclusively deemed to have been forfeited by Subscriber and shall thereafter be the Company s property -.1 The amount of any deposit may be adjusted by the Company at any time to reflect revised estimated monthly charges based on actual usage.' The fact that a deposit has been maje does not relieo Subscrber Irom prompt payment of bills, not does it constitute a waiver or mode f ication of the provision: of this Agreement allowing discontinuance of Service and/or termination of this Agreement for nonpsy ment of any sums due 4 S Billing and Payment of Charges Subscriber is responsible for payment of all charges for Service furnished, together with usage charges (which are in addition to regular monthly service eharge4 for all calls processed through Subscriber's Unit or through any telephone number assigned to Subscriber, including but not limited to any applicable landline access charges, and toll charges resulting from the origination of calls to points outside Company's local calling area Monthly charges for cellular system access and for any optional Unit or Service features selected by Subscriber are billed one month M advance, with charges prorated (if necessary) for beginning and ending months of Service. All charges for usage which are billed by a third party to Company will be Included in the Subscribers bill as am i aspossiblethereafter Payments are delinquent if notreceivt;dbyCompany bytheduedate shown onthemonthly invoice. 11Subscriber hasauthorized charges tobemade against acredit cudaecounLCompalil will charge amounts due to the credit card account prior to the4ue date. No additional notice to or consent or authorization of Customer shall be required for such charge. If Subscriber has not authorized charges to be made to a credit card account, or if charges made to the credit card account are not paid, payment must be received on or before the due data Buyer agrees that (a) time 13 011 the essence; (DI rt nould be impractical to fix the exact amount of Company's damages if Subscriber fails to pay promptly; and (c) In-the event of such failure, Subscriber shall pay Company as liquidated damages brie and one-half percent it 5%) per month of any amount not paid when due, which fee'shki be paid for every month the amount is unpaid and shall be prorated on a daily basis for each day that payment Is overdue; provided such charge is permitted according to any applicable tariff or law and further provided such liquidated damages will not be compounded monthly Acceptance by Company of checks or drafts shall t not constitute a waver of Company's fight to payment by legal tender, and acceptance of tateor partial payments or payments marked "Paid in Full" or similar notations shall not waive any rights of Compady t hereunder Subscriber may, at the option of Company, and in accordance with !ariffs (if any), be c'hueed a returned check fee of $10 00 for any check returned for insufficient funds. Inquiries about orobjeclbn# to invoices must be in writing and must be received by Company from Subscriber no later than the due dale set forth in the invoice, PROVIDER however, all amounts due Company, Including disputed amounts, must be paid to Company on or before the due date set forth In the Invoice. Company will make good faith efforts to resolve disputes in accordance with Company procedures or applicable tarlffs pf an4' 6 Sales Tax, etc In addition to the costs of Services provided under this Agreement, Subscriber shall pay any applicable sales, use, public utility gross receipts or other taxes, fees or charges Imposed on Company as a result of providing the Services or the Unit to Subscriber Such taxes will be added to the Subscriber's bill when Imposed or required by law, and any such taxes, fees orcharges paid byCompa7 will be reimbursed by Subscriber 7 No Warranties COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIER REGARDING THE SERVICE OR ANY UNIT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. . a Limitation of Liability NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COMPANY'S NONPERFORMANgHEREUNDER SHALL BEEXCUSED IFCIUSEDBYACTOROMISSION OFANU DER, LYINGCARRIERNFANY), EQUIPMENT FAILURE, ACTS OFG04STRIKES, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND COMPANY'SREASONABLE CONTROL INADDITION, THEUA91LITY OF COVANY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN ITS OPERATION OF SERVICE FURNISHER OR IN THE TRANSMISSION THEREOF OVER THE FAaLfTIES USED IN FURNISHIN 3 SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT OF PRORATED MONTHLY CHARGES TO SUBSCRIBER FOR SAID SERVICE DURING THE PERIOD SO AFFECTIV PROVIDED THAT NO LIABILITY SHALL RESULT FOBOUTAGES OF24 HOURS OR LESS IN NO EVENT SHALCCOMPAOY BE LIABLE TO SUBSCRIBER, SUBSCRIBER'S EMPLOYEES, SUBSCRIBER'S AGE } OR SUBSCRIBER SCUSTOMERS,ORANYTHIRDPARK'FORANYCOST, DELAY, OR INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES ARISING OUT OFORINCONNECTION MTHCOMPANYSFAILU i TO PERFORM UNDER THIS AGREEMENT. COMPANY SHALL NOT BE LIABLE TO SUBSCRIBER, ITS EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTY FOR INJURIES TOPERSONS OR P A ARISING FROM SUBSCRIBER'S USE OF THE UNITOR THESERVICEORTHE INSTALLATION, REPAIR OR MAINTENANCE OF THE UNIT BYANY PARTIES WHO ARE NOT EMPLOYEES OF THECOMPANY. SUBSCRIBER AGREES TO INDEMNIFY AND HOLDCOMPANY ANDITSOFFICERS, EMPLOYEES, AGENTS AND AFFILIATES AND AN UNDERLYING CAPRIER(IFANY)HARMLESS FROM ANDAGAINST ANYANDALL COSTS, EXPENSES, ACTS. ACTIONSOR CLAIMS. ARISINGOUTOFOR IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BYSUBSCRIBEP,ITSEMPLOYEES4AGEM CUSTOMERS, OR ANY THIRD PARTIES, UNLESS OCCASIONED BY THE SOLE NEGLIGENCE OF COMPANY IN THE EVENT SUBSCRIBER HAS AUTHORIZED COMPANY TO CHARGE AMOUNTS DUE AGAINST i ITS CREDIT CARD ACCOUNT, THE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT CONTAINED IN THIS PARAGRAPH SHALL EXTEND TO CLAIMS, EXPENSES, LIABILITIES OR DAMAGESARISINO f! IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT CARD ACCOUNT OR FROM THE ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH CREDIT CARD ACCOUNT. SUBSCRIBER FURTH AGREES TOPAYCOMPANYSREASONABLE ATTORNEYS'FEES AND COSTS ARISING FROM ANY SUCH ACTIONS OR CLAIMS AND THOSE INCURREDINESTABLISHING THEAPPUCABILITYOFTHiSPARAG 9 Privacy on Your Cellular Phone. Cellular telephone systems use radio channels to transmit voice and data communications over a complex network. Conversations are very difficult to Interc:eptbecauis it of the Ntwo. k's unique design, which assigns calls randomly to anyone of hundreds of radiq channels at various locations. Although federal and state laws make It illegal forlhird parties to listen I o eellul calls, privacy cannot be guaranteed, and the Company'sYl,npt be liable to Subscriber for any clainis, loss, damages or costs which may result from a lack of privacy experienced Oval UnIL~ `r it you are concerned with protecting yourprivacy, there are products on the market which can scramble your telephone calls. For more Information about these products, contact your local mobile telephonb dealer: 10 No Agency Created This Agreement does not in any way create the relationship of principal and agent, joint venturer, partner or employer and employee between Companyend Subscrlberand u tie circumstances shall Subscriber hold out to be or In any way be considered an agent of Company. 11. Assignment Company may assign In whole or in part Its right or duties under this Agreement, without notice to Subscriber, and upon such assignment Company shall be released from all Ilablil tereunder Subscriber may assign this Agreement only upon the prior written consent of Company Subject to this restriction, this Agreement shall apply tot Inure to the benefit of, and be•birtding upor4t heirs, successors, Subcontractors, and assignees of the respective parties.'... 12. Notices Notices to Subsc•;ber shall be deemed given it deposited in the U S. Mail addressed to the Subscriber's last known address as shown on the reverse side hereof. Notice to Compjrme be deemed given when received by the General Manager of Company at the address shown on the reverse side hereof 13. Separability Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and shall be enforceable. ~ U Goveming Law and Regulations This Agreement, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by applicable federall regulations of the FCC, the laws and regulations of the state where Service is provided, and by any tariff required to be filed by the Company pursuant to Such state's law This Agreement is subject to am1liodifrcation a termination If required by such rag ulatkuu orr .•15. Subscriber Copy Subscriber acknowledges that he/she is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement aid, If signing on behalf of a corporation or other entity, is fully authorized to sign on behalf of such entity This represents the final and entire agreement of the Company and Subscriber and replaces and supersedes sill pw of contemporaneous agreements!, representations, negotiations or contracts, verbal or written, between the parties hereto, If, II