Res 1998-102 - Laserfiche WebLink

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basis in accordance with Section 90.179 of the rules of the FCC, 47 C.F.R § 90.179. Participant shall be billed in accordance with Section 4 of this Agreement. 3.2 All service fees to Provider are intended to recover a portion of the expenses and capital expenditures associated with the Trunked Radio System. Provider does not intend to recover the entire cost of the Trunked Radio System but intends only to receive a reasonable value for the services provided to Participant in order to recover a portion of the expenses and capital expenditures. For the purpose of assuring that the services are provided to Participant on a non-profit, cost shared basis over the life of the Trunked Radio System, Provider will maintain an accounting of fees, expenses and capital expenditures associated \-"Iith constructing, managing, operating and maintaining the Trunked Radio System. Included within the expenditures shall be an accounting, including appropriate reserves, for future expenditures on and improvements of the Trunked Radio System. The total fees, expenses and capital expenditures will be allocated through the service fees to the Participant and each future Participant, on a prorated basis, taking into account any reductions of expenditures caused by the provision of equipment or services by Participant. To the extent that the expenses and capital expenditures of the Trunked Radio System allocated to the Participant are less than the service fees paid by Participant to Provider, averaged over the twelve (12) months preceding the date on which such a determination is made, Provider will adjust service fee schedules, refund such excess to the Participant or at the Participant's election, issue a credit for future services provided to the Participant, to insure that the TruILÌ<:ed Radio System is operated on a non-profit, cost sharing basis. Provider does 'not anticipate that refunds or credits will be available to Participant piior to the time the entire Trunked Radio System operates on a break even basis. 3.3 In addition to basic services, Provider is able to procure equipment and provide installation, maintenance, and related services under this Agreement; such services shall be performed either by Provider personnel or through independent contractors. If Participant selects such services, the services will be noted on the Community Link Mobile Service Agreement. Provider shall ensure that all contractors are thoroughly knowledgeable and experienced in the work they may perform. 3.4 Provider shall procure and install the equipment necessary to implement the services requested by Participant. At Participant's option~ Participant shall be responsible for purchasing and installing its equipment from the vendor of the Trunked Radio System. A list of Participant's equipment shall be attached to this Agreement as Attachment D. Participant expressly understands that Provider, as an FCC licensee, will superVise Participant's activities pursuant to this Agreement, and that Provider will retain control over all aspects of the operation of the Trunked Radio System, as required of a licensee under the FCC's rules and regulations. Participant expressly acknowledges that all shared transmitters must be subject to Provider's control. Lo\VER COLORADO RIvER AlrfHORITY -3-