U.S. Cellular Service Agreement cell phones
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MEMORANDUM
August 26, 2005
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TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Cellular Service Agreement between U.S. Cellular and the City of
Dubuque
The City of Dubuque had gone out for bid for cellular phone service and has accepted
ComElec-US Cellular as the City's cellular service provider. During 2000, the City of
Dubuque switched to ComElec-US Cellular as the main cell phone service provider.
The City goes out for bids every 2 to 3 years to verify the best pricing and services are
in place.
Because the City has increased the number of cell phone users, Budget Director Dawn
Lang is recommending a master use agreement between the City of Dubuque and U.S.
Cellular to assist with standard cell phone user contract end dates, equipment choices
and prices. The attached agreement is for 2 years, July 1, 2005 - June 30, 2007 and
allows cell phone users to renew anytime within the first 18 months, and still have a
June 30, 2007 contract end date. If a user's cell phone needs replacing in the last 6
months of the agreement, ComElec-US Cellular will provide loaners.
In addition, the cell phone equipment choices have been narrowed down to 4 phones.
The prices have been reduced and merged into one list. There are no longer 2
separate prices for the different plans and terms, but one standard price list for 4 phone
choices during the duration of the agreement (comparison attached). US Cellular has
added a stipulation that 50% of City phones would need to be the Nokia or $20 would
be added to the price of each phone. The majority of the Police Department phones will
be the Nokia and we will encourage others to request Nokia also.
Budget Director Dawn Lang, Corporate Council Barry Lindahl, and Assistant Police
Chief Terry Tobin have all reviewed this contract. It will benefit the City by providing
lower equipment pricing, less confusion relating to phone choices, and a standard
contract end date for all City employees. The phone and service provider to be used by
Department Manager's and the Group Wise scheduling software is still being evaluated.
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. 16 Preset ringtones, plus vibrate alert
. Ringer type: 32-chord polyphonic
. Supports [, dl",
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. Supports Mobile Messaging
. 3 games - Racket, Bowling, and Sky
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Organizational Features
. 250 Contact phone book
. Calendar
. Calculator
. Voice activated dialing
. Voice memos
Technical Specifications
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. CDMA2000 1X technology
. 8RE~ Version: 1.1
. BRE~ Memory: 2.1 MB
. Talk Time: up to 3.7 hours
. Standby Time: up to 4.5 days (times
may vary depending on user settings,
feature use and network
configurations.)
. Battery: li-Ion Battery
. Size: 4.26" x .91" x 1.96"
. Screen size: 96 x 65 pixels
. Weight: 3.87 ounces
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. Wall Charger
. Headset
. User guide
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. 65K Color screen
. 10 Preset ringtones
. Ringtone type: 32-chord polyphonic
. Mobile Messaging capable with rapid
text entry
. Picture Messaging capable (send and
receive picture messages)
. Supports multiple languages
(English/Spanish)
. Ringer I D
. Picture ID
Organizational Features
. 500 Contact phone book
. Personal scheduler
. Calendar
. Calculator
. Voice memos
. Voice Activated Dialing
. Speakerphone
Technical Specifications
. CDMA20001X
. BRE~ version: 2.1
. BREIJI.fBl Memory 2.7 MB
. Screen Size: 128 x 128 pixels
. Talk time: up to 3.3 hours
. Standby time: up to 6.25 days (times
may vary depending on user settings,
feature use and network
configurations.)
. Battery: U-ion
. Dimensions: 3.60" x .90" x 1.80"
. Weight: 3.77 ounces
Includes
. Battery
. Wail charger
. User guide
. Headset
. Holster
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. 65K Color screen
. 35 Preset ringtones, plus vibrate alert
. Supports easy .o",J,,~,r'.: ;'"",
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. Mobile Messaging rapid text entry
. Supports "~d~,'j""!.k:r\1 "
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. Multi-language (English/Spanish)
. Ringer ID
Organizational Features
. 500 Contact phone book
. Personal scheduler and calendar
. Voice-activated dialing
. Spea~erph9.ne
Technical Specifications
. CDMA2000 1 X technology
. Talk Time: up to 3.3 hours*
. Standby Time: up to 6.25 days*
. Battery: Li,.ion battery
. Size: 3.60" x .90" x 1.80"
. Screen size: 128 x 128 pixels
. Weight 3.9 ounces
. BRE~ Version: 2.1
. BRE~ Memory: 2.65 MB
Includes
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* Times may vary depending on user settings,
feature use and network configurations.
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. 262K Color screen
. 41 Preset ringtones, plus vibrate alert
. Ringtone type: 32-chord polyphonic
. Supports 2215\10,:,;; .t.! f:',:, 'I;;
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Organizational Features
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dependent and may not be available
in all areas.
. 499 Contact phone book
. Sp~akerphone
. Personal Scheduler and calendar
. Calculator with tip calculator
. Voice command with driving mode
. Voice memos
. World clock
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!echnical Specifications
. COMA2000 1X (Digital)
. Talk Time: Up to 3 hours (times may
vary depending on user settings,
feature use and network
configurations. )
. Standby Time: Up to 7.5 days (times
may vary depending on user settings,
feature use and nerNork
configurations. )
Battery: Lithium Ion
. Dimensions: 3,56" x .96" x 1.89"
. Internal screen size: 128 x 160 pixels
. External screen size: 96 x 64 pixels
. Weight: 3.75 ounces
. BREW™ version: 2.1
. BREW™ memory: 3.5 MB
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Customer Service Agreement
between
U. S. Cellular
and
The City of Dubuque, Iowa
Sales Representative: Comelec Services, Authorized Agent
Dated: July 1, 2005
Expires: June 30, 2007
CONFIDENTIAL
The following proposals and assumptions are based on the immediate and projected needs of the City of Dubuque Iowa, meeting
specified minimum service line requirements. The rate plan options and equipment pricing as stated are based on U. S. Cellular
being the wireless provider for the stated service line minimums. This U. S. Cellular agreement is confidential, and is being offered
through Comelec Services, an Authorized Agent, representing U. S. Cellular.
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Dawn Lang
City of Dubuqe, Iowa
50 W. 13th Street
Dubuque, Iowa 52001
Dear Ms. Lang:
Thank you for your interest in U.S. Cellular. I appreciate the opportunity to offer you U.S. Cellular's
business products and services and to offer you my personal service as well. I think that together we will
be able to accommodate and satisfy The City of Dubuque's communication needs as well as your
budgetary requirements.
U.S. Cellular currently serves over 5 million customers in the United States. We have been serving
businesses for many years and are focused on meeting the expectations of our business customers. We take
great pride in delivering quality products and services. We truly look forward to working with you, and
will commit our time, attention and expertise to your account in order to reach our goal of excellent
customer service.
This proposal is based on a 24 month agreement with 105 lines of active service with U.S. Cellular. This
agreement will expire June 30, 2007. Please do not hesitate to call me with any questions at 563-590-
9968.
Sincerely,
Jeff Swift, Sales Representative
Comelec Services
U. S. Cellular Authorized Agent
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TABLE OF CONTENTS
U.S. Cellu lar Information... . . . . . . . .. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . .. . .. . ...
Table Of Contents... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Ag reement Overview...................................................................................................
Co. Name Current Situation.. ........... ...... ........... ................. ...... ...... ..... ............ .............
Proposed Solution....................................................................,...................................
Agreement Term... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... .
Security Measures......................................................................................
Equipment Information......... ..... ............ ........... ...... ................. ...... ................. ..... .........
Roamer Support Center...............................................................................................
Terms and Conditions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
Signature Page... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
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AGREEMENT OVERVIEW
U.S Cellular is excited to offer this agreement to The City of Dubuque, Iowa. Ths
agreement provides The City of Dubuque, Iowa the opportunity to build a solid business
relationship with a financially sound wireless provider whom offers a robust wireless
network that has aggressively expananded over the last 14 years. U.S Cellular will
continue to aggressively expand the network and seek opportunities in order to maintain
U.S Cellular's standing as a leader in the industry. The purpose of this agreement will be to
clarify the details pertaining to the cellular service. The City of Dubuque, Iowa will be
provided a coterminous agreement, fixed equipment pricing, customized rate plans and
unmatched customer service and support. This program and additional benefits are
available to The City of Dubuque, Iowa due to your commitment to be the liable entity for
all current and future cellular lines.
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PROPOSED SOLUTION
Comoonent Selected Description of Component/Plan Detail
Mobile Business
Plan Name Plus X Proposed Rate Plan Name
Number of anytime minutes 700 per line X Number of minutes provided each month, per line utilizina this plan.
Number of pooled minutes 38 500 X Pooled minutes when lines on this plan are multiplied by monthly minutes.
Monthlv Access $40 per line X Monthly cost of Price Plan. Does not include Tax, Universal Service Fee, and 911 fE
Overage Rate per Minute .20 in local X Cost per minute when going over pooled minutes in a month.
Local Coverage Area Local X Area in which anytime minutes can be used. See included map.
10% of pooled
minutes
included. Then
Nationwide Roaming (See map) .30 per min. X Cost to roam per minute when outside the plan's area.
Current! Minimum Lines 55 5 The number of lines we will put on this rate plan and Min if required.
Activation Fee Waived X The fee charged when adding new lines of service.
Features Comoonent Selected Description of Component/Plan Detail
Caller ID Included X Let's you know who is calling before you answer.
VM w/Message Waiting Included X Our voicemail answers when you can't. Indicator light shows when message is received
Detailed Billing Included X Shows the time, date and the cost of every call on your monthly statement.
Call Waiting Included X The ability to answer an incoming call when currently on a call.
Call Forwardinlr Included X The ability to forward vour number to another number you allocate it to.
3-Wav Calling Included X The ability to conference call 3 users at a time.
Nationwide Long Distance Included X Free Long Distance, Roaming charges apply when outside your area plan.
Optional Features
Local Nights and Weekends not included Includes call between 9:00 pm- 5:50 am M-F. Friday 9:00 pm till Monday 5:5!
Mobile Messaging: Send and receive text messaaes from your wireless phone.
Per Use $0.10IEA X Unlimited incoming/ .10 cost per out going ( included with all plans)
Mobile Messalrinlr 50: $2.95/MO Unlimited incoming/50 messages out going
Mobile Messaging 100: $3.95/MO Unlimited incoming/ 100 messaaes out aoing
Mobile Messaging 250: $5.95/MO Unlimited incoming/ 250 messages out going
Mobile Messalrinlr 500: $9.95/MO Unlimited incoming/ 500 messages out going
Mobile Messaging 1000: $14.95/MO Unlimited incoming/ 1000 messages out going
Add an e-mail address for
your phone. $1.95/MO The ability to send an email message to your phone. 10digitnumber@email.uscc
Includes Unlimited mobile to mobile minutes - calls made to or from other U. S. Cellular
Customers when on our local network. Also calls to customers voicemail while on local
Mobile-to-Mobile Minutes. Included X network.
Includes Unlimited walkie-talkie style calling between other U. S. Cellular
SoeedTalk SM SpeedTalk 3M users, when on the U. S. Cellular Network. SpeedTalk 3M equipment
$10.00 ea. line Is required in order to select this feature.
Signal Insurance $4.95/MO $35 deductible covers if the phone is lost, stolen, or damage in any way.
Roadside Assistance $2. 95/MO 24/365 Help is just a phone call away. Protection travels with the phone.
Directorv Assistance $ 1. 25/EA Dial 411 for Directorv Assistance to get any phone number for any listing in the US
Alrreement Lenlrth 24 months X Period of time which customer agrees to keep active service with U. S Cellul;
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Component Selected Description of Component/Plan Detail
Corporate
Plan Name Custom 3 X Proposed Rate Plan Name
1# of anytime minutes None included X Number of minutes for the account as a whole
Monthlv Access per line $8.00 X Monthly cost of Price Plan. Does not include Tax, Universal Service Fee, and 911 fe
Cost per Minute $.09 X Per minute cost when in local footprint.
Local Coverage Area Local X o.rea in which anytime minutes can be used. See included map.
Nationwide Roaminlr (See map) $ .30 per min. X Cost to roam per minute when outside the plan's area.
Current! Minimum Lines 88 10 he number of lines we will put on this rate plan and Min if required.
Activation Fee Waived X he fee charaed when addina new lines of service.
Features Component Selected Description of Component/Plan Detail
Caller ID Included X Let's YOU know who is callina before YOU answer.
VM w/Message Waiting Included X Our voicemail answers when you can't. Indicator light shows when message is received
Detailed Billing Included X Shows the time, date and the cost of every call on your monthly statement.
Call Waiting Included X he ability to answer an incoming call when currently on a call.
Call Forwardinlr Included X he ability to forward your number to another number YOU allocate it to.
3-Wav Calling Included X he ability to conference call 3 users at a time.
Nationwide Long Distance Included X Free Long Distance, Roaming charges apply when outside your area plan.
Optional Features
Local Nights and Weekends Not Available Includes call between pm- am M-F. Friday pm till Monday
Mobile Messaging: Send and receive text messages from your wireless phone.
Per Use $0.10/EA X Unlimited incoming/ .10 cost per out going
Mobile Messaging 50: $2. 95/MO Unlimited incomina/ 50 messaaes out aoina
Mobile Messaging 100: $3.95/MO Unlimited incomina/ 100 messaaes out aoina
Mobile Messaging 250: $5.95/MO Unlimited incoming/ 250 messages out going
Mobile Messaging 500: $9.95/MO Unlimited incoming/ 500 messages out going
Mobile Messaginlr 1000: $14.95/MO Unlimited incoming/ 1000 messages out going
Add an e-mail address for your
phone. $1.95/MO he ability to send an email message to your phone. 10digitnumber@email.uscc
Includes mobile to mobile minutes - calls made to or from other U. S. Cellular
ustomers when on our local network. Also calls to customers voicemail while on local
Mobile-to-Mobile Minutes. network.
Signal Insurance $4.95/MO :t>35 deductible covers if the phone is lost, stolen, or damage in any way.
Roadside Assistance $2.95/MO ::>4/365 Help is iust a phone call away. Protection travels with the phone.
Directory Assistance $ 1. 25/EA Dial 411 for Directory Assistance to get any phone number for any listing in the US
Agreement Length 24 months X Period of time which customer agrees to keep active service with U. S Cellul,
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Agreement Term: Coterminous.
The agreement term for all 1 05 lines of service will expire 24 months from the date of this agreement
regardless of the activation date of said lines of service. U.S. Cellular will provide equipment discounts as
outlined below on new service lines and upgrades from existing equipment if requested. If The City of
Dubuque, Iowa would elect not to renew their cellular service agreement with U.S Cellular at the contract
end date, The City of Dubuque, Iowa will be required to repay a termination fee of $150 for each line that
received new cellular equipment within the 6 months preceeding the contract end date, or continue the
service for 24 months from the date of new equipment being provided.
EQUIPMENT INFORMATION
Due to the changing environment of equipment suppliers, U.S. Cellular reserves the right to substitute
equipment of equivalent value if at any time during the contract term the equipment stated below becomes
unavailable from the supplier. In order to provide a consistent pricing option for The City of Dubuque Iowa,
the following prices will be offered on the equipment listed, regardless of rate plan chosen. In the event
over 50% of active lines purchase a better or best level phone, then $20 will be added to the price of all
future purchased better or best level phones.
Equipment No Contract Price 24 Month Agreement
Good level
Nokia 6019i $159.95 ea. $9.95 ea.
Better level
Motorola 262 $199.95 ea. $29.95 ea.
Motorola 265 $249.95 ea. $39.95 ea.
Best level
LG vx-6100 $299.95 ea. $69.95 ea.
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Loaner Phone Program: U. S. Cellular and Comelec Services, agrees to supply The City of Dubuque,
Iowa a "loaner phone" at no charge if at any time a problematic phone cannot be immediately repaired or
exchanged at a U.S. Cellular retail location.
Suspend Policy: U.S. Cellular agrees to suspend any line for The City of Dubuque, Iowa per The City of
Dubuque, Iowa's notification. No Extension of the contract applies if a minimum of 105 lines are kept and
no more that 15% of the total lines are suspended. Failure to keep a 105 line minimum or suspension of
more than 15% may result in extending contract term time. (ex. If more than 15% of the lines are
suspended, then each line that is suspended for 3 months, will result in a 3 month extension of the
agreement for those lines).
Roamer Support Center: 888.872.7462
U.S. Cellular's Roamer Support Center assists customers when they are roaming and encountering
problems. This national support line addresses the following issues:
1) Customer's inability to place calls while roaming.
2) Customer's inability to receive calls while roaming.
3) Customer's handset shows signal strength but says "no service" or is
constantly scanning.
4) Customer getting a credit card operator while attempting to place calls.
Security Measures:
Within the U.S. Cellular billing system "Special Instructions" will be issued designating who is authorized to
make changes on behalf of the The City of Dubuque, Iowa account as well as any special procedures
regarding the facilitation of The City of Dubuque, Iowa account. This is an important security measure that
will insure only the appropriate personnel from The City of Dubuque, Iowa will be authorized to make
changes or purchase equipment on The City of Dubuque, Iowa account. (See last page for authorizations)
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Terms and Conditions
TERMS AND CONDITIONS OF AGREEMENT
These are the Terms and Conditions for Service between the customer ("you") and U.S. Cellular ("U.S.
Cellular", "we" or "us"). "Service" refers to the telecommunication services, including voice and data services,
you purchase from U.S. Cellular. Your "Agreement" includes (1) these Terms and Conditions, (2) the Service
Order ("Service Order"), and (3) if you purchased data services, the license agreement posted at
www.uscellular.com/termsandcond it ions .
Eligibility
You are eligible for Service only if you or your employer, have a billing address within U.S. Cellular's licensed
market area. If you meet the eligibility requirement only through your employment address, you may only be
eligible for local rate plans.
Term
This Agreement is effective upon acceptance by U.S. Cellular and continues until terminated in a manner as
provided in this Agreement. If you or U.S. Cellular terminate Service for any reason during the Initial Term as
specified in your Service Order, you may be assessed an early termination fee. Upon termination for any
reason, you are responsible for the payment of all charges. If your Service is reinstated, you may be charged
a reactivation fee.
Termination by You
You may terminate Service at any time by notifying U.S. Cellular. A request to port your number will be a
request by you to terminate Service.
Termination by U.S. Cellular
U.S. Cellular may terminate or suspend your Service if you fail to perform any obligations of this Agreement
including the restrictions and obligations set forth in the paragraphs regarding "Use of Service" and "Payment
and Due Date."
Changes to Service
Changes to your Service, including termination, will be effective at the end of the then-current billing cycle.
Use of Service
At least 50% of your monthly usage must be used in U.S. Cellular's licensed markets. Service is furnished for
your use only; you may not resell Service to third parties. You may not use the Service for any unlawful,
improper, harassing or abusive purpose or in such a way that interferes with our network, business
operations, employees or customers.
Payment and Due Date
You are responsible for payment of all charges on your bill, including telecommunications-related charges
(such as monthly access, airtime, roaming, toll, long distance, application charges and data network usage);
charges for optional services (such as voicemail, caller ID, and directory assistance); regulatory cost recovery
charges (such as Universal Service Fund, Enhanced 911 and Wireless Number Portability); surcharges; and
taxes. Regulatory cost recovery fees, surcharges, and taxes are subject to change without notice. Payments
are late if not received by U.S. Cellular by the due date shown on the monthly invoice. We may charge a late
fee for any amount not paid when due. We may charge you a returned check fee for a check returned for any
reason. You agree to reimburse U.S. Cellular for its costs, including reasonable attorneys' fees, collection
fees and similar expenses incurred by U.S. Cellular with respect to collection of payment.
j( US. Cellular 9
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Coverage
You understand that Service may be interrupted or unavailable due to atmospheric or topographical
conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage
by U.S. Cellular or its agents are not guarantees.
Rates
The rates for Service are specified in your Service Order. U.S. Cellular may change your rates upon notice to
you.
Theft
If your phone is stolen, you are responsible for all charges until you report the theft to U.S. Cellular. We may
require a police report or sworn statement verifying the theft before waiving any charges.
Deposits
U.S. Cellular may require a deposit from you to guarantee payment of charges for Service and from time-to-
time may increase the deposit based on your usage and payment history.
Billing Practices
Each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that
are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you
push the "send" button until you terminate your call by pushing the "end" button on your phone. "Application
charges" include the charges incurred for downloading data applications and monthly subscription fees for
data applications. "Data network usage charges" are the charges for transferring data (i.e., downloading
applications, accessing the Internet, etc.) rendered in units of kilobytes or megabytes. Each partial kilobyte of
data transferred will be rounded up and billed as a full kilobyte.
Roaming
Due to delayed reporting by other carriers, some wireless usage while roaming outside a U.S. Cellular market
may be billed in months subsequent to your actual usage. The minutes used, and associated charges, will be
applied against your monthly plan minutes in the month that the usage appears on your bill rather than the
month the calls were actually placed.
Amendment
We may change the terms of this Agreement at any time by providing you with notice. If you do not agree to
the proposed changes, you may cancel your service without incurring an early termination fee by notifying us
within 30 days from the time you receive notice. If you use the Service after the 30-day period, you agree to
be bound by the changes.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration at
the request of either party. Each party bears its own costs and attorney's fees. We will reimburse you for any
reasonable filing or hearing fees to the extent they exceed what your court costs would have been if your
claim had been resolved in a state court. The American Arbitration Association shall administer the arbitration,
and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction. Both
parties acknowledge that this Agreement is a transaction involving interstate commerce, and is therefore
governed by the Federal Arbitration Act. By agreeing to arbitration, both parties are waiving their right to
litigate in court including any right to a jury trial. The parties agree that all claims shall be treated individually
and there shall be no consolidation of claims or class actions. For additional information on invoking
arbitration and how the arbitration process works, you may call the American Arbitration Association at 800-
778-7879.
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Privacy
U.S. Cellular may release information about you or your account when required by a subpoena or other lawful
process. We will not provide you with notice of such requests. You can view our complete privacy policy at
www.uscellular.com.
Credit Information
You authorize personal references or consumer reporting or credit agencies to furnish U.S. Cellular with your
credit records or history.
Limits of Liability
U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE SERVICES OR RELATED EQUIPMENT,
OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR RELATED EQUIPMENT, IS LIMITED
TO THE CHARGES YOU INCUR FOR SERVICES OR RELATED EQUIPMENT DURING THE AFFECTED
PERIOD. THIS MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL
DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR
EXEMPLARY DAMAGES, OR ATTORNEYS' FEES.
Disclaimer of Warranties
U.S. CELLULAR MAKES NO WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED
WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. U.S. CELLULAR IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS
CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC
CONDITIONS, OR ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR
SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATION WITH RESPECT TO
EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO
WHICH U.S. CELLULAR HAS NO LIABILITY WHATSOEVER).
Assignment
U.S. Cellular may assign this Agreement without notice to you. You may assign this Agreement only with our
consent.
Entire Agreement
This Agreement is the entire agreement between you and U.S. Cellular. This Agreement supersedes any
inconsistent or additional promises made to you by any employee or agent of U.S. Cellular.
No Waiver; Severability
U.S. Cellular's failure to enforce any right or remedy available under this Agreement is not a waiver. If any
part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
j(.us. Cellular
11
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~ us. Cellular
We connect with you:
Indication of Authority and Signature Page
Please print in the names of individuals that are authorized to make purchases for, make changes
to, and receive information regarding the account established for The City of Dubuque, Iowa.
Authorized Contacts: Michael C. Van Milligen, City Manager
Author~zed Contacts: Dawn Lang, Budget Director
Authorized Contacts: Terry Tobin, Ass't Police Chief
I
Authorized Contacts:
By signature below, I understand and confirm the accuracy of the above information and agree to the
above terms and agreements.
U. S. Cellular ..
Representative: Stephen ......
Title: Business Development Specialist
Date: 8/23/05
Comelec Services
Representative:
Title:
Date:
.Jeffrey A. Swift
Iowa Sales Rep.
8/24/05.
The City of Dubuque, Iowa
Customer Signature: /s/ Michael Van Milligen
Title: City Manager
Date: 9/8/05
j( US. Cellular
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We connect with you:
Customer Service Agreement
between
u. S. Cellular
and
The City of Dubuque, Iowa
Sales Representative: Comelec Services, Authorized Agent
Dated: July 1, 2005
Expires: June 30, 2007
CONFIDENTIAL
The following proposals and assumptions are based on the immediate and projected needs of the City of Dubuque Iowa, meeting
specified minimum service line requirements. The rate plan options and equipment pricing as stated are based on U. S. Cellular
being the wireless provider for the stated service line minimums. This U. S. Cellular agreement is confidential, and is being offered
through Comelec Services, an Authorized Agent, representing U. S. Cellular.
ar
ft: us. Cellular
We connect with you:
Dawn Lang
City of Dubuqe, Iowa
50 W. 13th Street
Dubuque, Iowa 52001
Dear Ms. Lang:
Thank you for your interest in U.S. Cellular. I appreciate the opportunity to offer you U.S. Cellular's
business products and services and to offer you my personal service as well. I think that together we will
be able to accommodate and satisfy The City of Dubuque's communication needs as well as your
budgetary requirements.
U.S. Cellular currently serves over 5 million customers in the United States. We have been serving
businesses for many years and are focused on meeting the expectations of our business customers. We take
great pride in delivering quality products and services. We truly look forward to working with you, and
will commit our time, attention and expertise to your account in order to reach our goal of excellent
customer service.
This proposal is based on a 24 month agreement with 105 lines of active service with U.S. Cellular. This
agreement will expire June 30, 2007. Please do not hesitate to call me with any questions at 563-590-
9968.
Sincerely,
Jeff Swift, Sales Representative
Comelec Services
U. S. Cellular Authorized Agent
~ US. Cellular
ft: us. Cellular
We connect with you:
TABLE OF CONTENTS
u. S. Cellu lar Information... .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. .. . .. . .. . .. . . .. .. . .. . .. . .. . . .. .. .... 2
Table Of Contents......... .............................................................................. 3
Agreement Overview........... ................. ........... ................. ........................................... 4
Co. Name Current Situation ......................................................................................... 4
Proposed Solution........................................................................................................ 5
Agreement Term... ... ...... ... ... ... ... ... ... ... ... ... ... ...... ...... ... ... ... ... ... ... ... ... .... ... .... 6
Security Measures...................................................................................... 6
Equipment Information ............................ ........... ....................... ....................... ............ 6-8
Roamer Support Center.... ............................ ........... .................................................... 8
Terms and Conditions... ... ... ... ... ... ... ...... ... ... ... ... ...... ... ... ... ...... ... ... ... ... ... ... .... 9-14
Sig natu re Page... .. . . .. .. . ... .. . . .. .. . .. . . .. .. . .. . . .. .. . . .. . .. .. . . .. .. . . .. .. . .. . .. . .. . .. . . .. .. . .. . . .. .. . . 15
~ US. Cellular 3
~ us. Cellular
We connect with you:
AGREEMENT OVERVIEW
U.S Cellular is excited to offer this agreement to The City of Dubuque, Iowa. Ths
agreement provides The City of Dubuque, Iowa the opportunity to build a solid business
relationship with a financially sound wireless provider whom offers a robust wireless
network that has aggressively expananded over the last 14 years. U.S Cellular will
continue to aggressively expand the network and seek opportunities in order to maintain
U.S Cellular's standing as a leader in the industry. The purpose of this agreement will be to
clarify the details pertaining to the cellular service. The City of Dubuque, Iowa will be
provided a coterminous agreement, fixed equipment pricing, customized rate plans and
unmatched customer service and support. This program and additional benefits are
available to The City of Dubuque, Iowa due to your commitment to be the liable entity for
all current and future cellular lines.
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PROPOSED SOLUTION
Component Selected Description of Component/Plan Detail
Mobile Business
Plan Name Plus X Proposed Rate Plan Name
Number of anytime minutes 700 per line X Number of minutes provided each month, per line utilizinQ this plan.
Number of pooled minutes 38 500 X Pooled minutes when lines on this plan are multiplied by monthly minutes.
Monthlv Access S40 per line X Monthly cost of Price Plan. Does not include Tax, Universal Service Fee, and 911 fE
Overage Rate per Minute .20 in local X Cost per minute when going over pooled minutes in a month.
Local Coverage Area Local X Area in which anytime minutes can be used. See included map.
10% of pooled
minutes
included. Then
Nationwide Roaming (See map) .30 per min. X Cost to roam per minute when outside the plan's area.
Current/ Minimum Lines 55 5 The number of lines we will put on this rate plan and Min if required.
Activation Fee Waived X The fee charged when adding new lines of service.
Features Component Selected Description of Component/Plan Detail
Caller ID Included X Let's you know who is calling before you answer.
VM w/Message Waiting Included X Our voicemail answers when you can't. Indicator light shows when message is received
Detailed Billing Included X Shows the time, date and the cost of every call on your monthly statement.
Call Waiting Included X The ability to answer an incoming call when currently on a call.
Call Forwarding Included X The ability to forward your number to another number you allocate it to.
3'Wav Calling Included X The ability to conference call 3 users at a time.
Nationwide Long Distance Included X Free LonQ Distance, RoaminQ charQes apply when outside your area plan.
Optional Features
Local Nights and Weekends not included Includes call between 9:00 pm- 5:50 am M-F. Friday 9:00 pm till Monday 5:5!
Mobile Messaging: Send and receive text messages from your wireless phone.
Per Use $0.10/EA X Unlimited incominQ/ .10 cost per out QoinQ ( included with all plans)
Mobile Messaging 50: S2.95/MO Unlimited incoming/50 messages out going
Mobile Messaging 100: S3.95/MO Unlimited incoming/ 100 messages out going
Mobile Messaging 250: S5.95/MO Unlimited incoming/ 250 messages out going
Mobile Messaging 500: $9.95/MO Unlimited incominQ/ 500 messaQes out QoinQ
Mobile Messaging 1000: $14.95/MO Unlimited incoming/ 1000 messages out going
Add an e'mail address for
your phone. $1.95/MO The ability to send an email messaQe to your phone. 10digitnumber@email.uscc
Includes Unlimited mobile to mobile minutes - calls made to or from other U. S. Cellular
Customers when on our local network. Also calls to customers voicemail while on local
Mobile.to'Mobile Minutes. Included X network.
Includes Unlimited walkie-talkie style calling between other U. S. Cellular
SpeedTalk SM users, when on the U. S. Cellular Network. SpeedTalk SM equipment
SpeedTalk 8M $10.00 ea. line Is required in order to select this feature.
Signal Insurance $4.95/MO $35 deductible covers if the phone is lost, stolen, or damage in any way.
Roadside Assistance S2.95/MO 24/365 Help is iust a phone call away. Protection travels with the phone.
Directorv Assistance $1.25/EA Dial 411 for Directory Assistance to ~et any phone number for any Iistin~ in the US
Agreement Length 24 months X Period of time which customer agrees to keep active service with U. S Cellul;
y. US. Cellular
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ComDonent Selected Description of Component/Plan Detail
Corporate
Plan Name Custom 3 X Proposed Rate Plan Name
1# of anvtime minutes None included X Number of minutes for the account as a whole
Monthlv Access Der line $8.00 X Monthly cost of Price Plan. Does not include Tax, Universal Service Fee, and 911 fe
Cost per Minute $.09 X Per minute cost when in local footprint.
Local Coverage Area Local X Area in which anytime minutes can be used. See included map.
Nationwide RoaminQ' (See map) $ .30 per min. X ""ost to roam per minute when outside the olan's area.
Current/ Minimum Lines 88 10 he number of lines we will put on this rate plan and Min if required.
Activation Fee Waived X he fee charged when addina new lines of service.
Features Component Selected Description of Component/Plan Detail
Caller ID Included X Let's you know who is callina before vou answer.
VM w/Message Waiting Included X Our voicemail answers when you can't. Indicator light shows when message is received
Detailed BiIlinQ' Included X Shows the time, date and the cost of every call on your monthly statement.
Call Waiting Included X he ability to answer an incomino call when currently on a call.
Call Forwarding Included X he ability to forward vour number to another number you allocate it to.
3-Wav CallinQ' Included X he ability to conference call 3 users at a time.
Nationwide LonQ' Distance Included X Free Long Distance, RoaminQ charges apply when outside your area plan.
Optional Features
Local Nights and Weekends Not Available Includes call between om- am M-F. Friday pm till Monday
Mobile Messaging: Send and receive text messaaes from vour wireless phone.
Per Use $0.10/EA X Unlimited incoming/ .10 cost per out goinQ
Mobile Messagine: 50: $2.95/MO Unlimited incoming/50 messages out ooino
Mobile MessaQ'inQ' 100: $3.95/MO Unlimited incomina/ 100 messaaes out aoina
Mobile MessaQ'inQ' 250: $5.95/MO Unlimited incoming/ 250 messages out QoinQ
Mobile Messae:ine: 500: S9.95/MO Unlimited incominQ/ 500 messages out QoinQ
Mobile Messae:ine: 1000: S14.95/MO Unlimited incoming/ 1000 messaoes out aoino
Add an e-mail address for your
ohone. $1.95/MO rrhe ability to send an email messaQe to your phone. 10diqitnumberlalemail.uscc
Includes mobile to mobile minutes - calls made to or from other U. S. Cellular
Mobile-to-Mobile Minutes. vustomers when on our local network. Also calls to customers voicemail while on local
network.
Signal Insurance $4.95/MO $35 deductible covers if the ohone is lost, stolen, or damaQe in any way.
Roadside Assistance $2.95/MO ?4/365 Help is just a phone call away. Protection travels with the phone.
Directorv Assistance S1.25/EA Dial 411 for Directorv Assistance to oet anv ohone number for any listinq in the US
Ae:reement Lene:th 24 months X Period of time which customer aQrees to keep active service with U. S Cellul,
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Agreement Term: Coterminous.
The agreement term for al11 05 lines of service will expire 24 months from the date of this agreement
regardless of the activation date of said lines of service. U,S. Cellular will provide equipment discounts as
outlined below on new service lines and upgrades from existing equipment if requested. If The City of
Dubuque, Iowa would elect not to renew their cellular service agreement with U.S Cellular at the contract
end date, The City of Dubuque, Iowa will be required to repay a termination fee of $150 for each line that
received new cellular equipment within the 6 months preceeding the contract end date, or continue the
service for 24 months from the date of new equipment being provided.
EQUIPMENT INFORMATION
Due to the changing environment of equipment suppliers, U.S. Cellular reserves the right to substitute
equipment of equivalent value if at any time during the contract term the equipment stated below becomes
unavailable from the supplier. In order to provide a consistent pricing option for The City of Dubuque Iowa,
the following prices will be offered on the equipment listed, regardless of rate plan chosen. In the event
over 50% of active lines purchase a better or best level phone, then $20 will be added to the price of all
future purchased better or best level phones.
Equipment No Contract Price 24 Month Agreement
Good Level
Nokia 6019i $159.95 ea. $9.95 ea.
Better Level
Motorola 262 $199.95 ea. $29.95 ea.
Motorola 265 $249.95 ea. $39.95 ea.
Best Level
LG vx-6100 $299.95 ea. $69.95 ea.
j( US. Cellular
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Loaner Phone Program: U. S. Cellular and Comelec Services, agrees to supply The City of Dubuque,
Iowa a "loaner phone" at no charge if at any time a problematic phone cannot be immediately repaired or
exchanged at a U.S. Cellular retail location.
Suspend Policy: U.S. Cellular agrees to suspend any line for The City of Dubuque, Iowa per The City of
Dubuque, Iowa's notification. No Extension of the contract applies if a minimum of 105 lines are kept and
no more that 15% of the total lines are suspended. Failure to keep a 105 line minimum or suspension of
more than 15% may result in extending contract term time. (ex. If more than 15% of the lines are
suspended, then each line that is suspended for 3 months, will result in a 3 month extension of the
agreement for those lines).
Roamer Support Center: 888.872.7462
U.S. Cellular's Roamer Support Center assists customers when they are roaming and encountering
problems. This national support line addresses the following issues:
1) Customer's inability to place calls while roaming.
2) Customer's inability to receive calls while roaming.
3) Customer's handset shows signal strength but says "no service" or is
constantly scanning.
4) Customer getting a credit card operator while attempting to place calls.
Security Measures:
Within the U.S. Cellular billing system "Special Instructions" will be issued designating who is authorized to
make changes on behalf of the The City of Dubuque, Iowa account as well as any special procedures
regarding the facilitation of The City of Dubuque, Iowa account. This is an important security measure that
will insure only the appropriate personnel from The City of Dubuque, Iowa will be authorized to make
changes or purchase equipment on The City of Dubuque, Iowa account. (See last page for authorizations)
~ US. Cellular
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Terms and Conditions
TERMS AND CONDITIONS OF AGREEMENT
These are the Terms and Conditions for Service between the customer ("you") and U.S. Cellular ("U.S.
Cellular", "we" or "us"). "Service" refers to the telecommunication services, including voice and data services,
you purchase from U.S. Cellular. Your "Agreement" includes (1) these Terms and Conditions, (2) the Service
Order ("Service Order"), and (3) if you purchased data services, the license agreement posted at
www.uscellular.com/termsandcond itions.
Eligibility
You are eligible for Service only if you or your employer, have a billing address within U.S. Cellular's licensed
market area. If you meet the eligibility requirement only through your employment address, you may only be
eligible for local rate plans.
Term
This Agreement is effective upon acceptance by U.S. Cellular and continues until terminated in a manner as
provided in this Agreement. If you or U.S. Cellular terminate Service for any reason during the Initial Term as
specified in your Service Order, you may be assessed an early termination fee. Upon termination for any
reason, you are responsible for the payment of all charges. If your Service is reinstated, you may be charged
a reactivation fee.
Termination by You
You may terminate Service at any time by notifying U.S. Cellular. A request to port your number will be a
request by you to terminate Service.
Termination by U.S. Cellular
U.S. Cellular may terminate or suspend your Service if you fail to perform any obligations of this Agreement
including the restrictions and obligations set forth in the paragraphs regarding "Use of Service" and "Payment
and Due Date."
Changes to Service
Changes to your Service, including termination, will be effective at the end of the then-current billing cycle.
Use of Service
At least 50% of your monthly usage must be used in U.S. Cellular's licensed markets. Service is furnished for
your use only; you may not resell Service to third parties. You may not use the Service for any unlawful,
improper, harassing or abusive purpose or in such a way that interferes with our network, business
operations, employees or customers.
Payment and Due Date
You are responsible for payment of all charges on your bill, including telecommunications-related charges
(such as monthly access, airtime, roaming, toll, long distance, application charges and data network usage);
charges for optional services (such as voicemail, caller 10, and directory assistance); regulatory cost recovery
charges (such as Universal Service Fund, Enhanced 911 and Wireless Number Portability); surcharges; and
taxes. Regulatory cost recovery fees, surcharges, and taxes are subject to change without notice. Payments
are late if not received by U.S. Cellular by the due date shown on the monthly invoice. We may charge a late
fee for any amount not paid when due. We may charge you a returned check fee for a check returned for any
reason. You agree to reimburse U.S. Cellular for its costs, including reasonable attorneys' fees, collection
fees and similar expenses incurred by U.S. Cellular with respect to collection of payment.
~ US. Cellular 9
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Coverage
You understand that Service may be interrupted or unavailable due to atmospheric or topographical
conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage
by U.S. Cellular or its agents are not guarantees.
Rates
The rates for Service are specified in your Service Order. U.S. Cellular may change your rates upon notice to
you.
Theft
If your phone is stolen, you are responsible for all charges until you report the theft to U.S. Cellular. We may
require a police report or sworn statement verifying the theft before waiving any charges.
Deposits
U.S. Cellular may require a deposit from you to guarantee payment of charges for Service and from time-to-
time may increase the deposit based on your usage and payment history.
Billing Practices
Each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that
are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you
push the "send" button until you terminate your call by pushing the "end" button on your phone. "Application
charges" include the charges incurred for downloading data applications and monthly subscription fees for
data applications. "Data network usage charges" are the charges for transferring data (Le., downloading
applications, accessing the Internet, etc.) rendered in units of kilobytes or megabytes. Each partial kilobyte of
data transferred will be rounded up and billed as a full kilobyte.
Roaming
Due to delayed reporting by other carriers, some wireless usage while roaming outside a U.S. Cellular market
may be billed in months subsequent to your actual usage. The minutes used, and associated charges, will be
applied against your monthly plan minutes in the month that the usage appears on your bill rather than the
month the calls were actually placed.
Amendment
We may change the terms of this Agreement at any time by providing you with notice. If you do not agree to
the proposed changes, you may cancel your service without incurring an early termination fee by notifying us
within 30 days from the time you receive notice. If you use the Service after the 30-day period, you agree to
be bound by the changes.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration at
the request of either party. Each party bears its own costs and attorney's fees. We will reimburse you for any
reasonable filing or hearing fees to the extent they exceed what your court costs would have been if your
claim had been resolved in a state court. The American Arbitration Association shall administer the arbitration,
and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction. Both
parties acknowledge that this Agreement is a transaction involving interstate commerce, and is therefore
governed by the Federal Arbitration Act. By agreeing to arbitration, both parties are waiving their right to
litigate in court including any right to a jury trial. The parties agree that all claims shall be treated individually
and there shall be no consolidation of claims or class actions. For additional information on invoking
arbitration and how the arbitration process works, you may call the American Arbitration Association at 800-
778-7879.
~ US. Cellular
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Privacy
U.S. Cellular may release information about you or your account when required by a subpoena or other lawful
process. We will not provide you with notice of such requests. You can view our complete privacy policy at
www.uscellular.com.
Credit Information
You authorize personal references or consumer reporting or credit agencies to furnish U.S. Cellular with your
credit records or history.
Limits of Liability
U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE SERVICES OR RELATED EQUIPMENT,
OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR RELATED EQUIPMENT, IS LIMITED
TO THE CHARGES YOU INCUR FOR SERVICES OR RELATED EQUIPMENT DURING THE AFFECTED
PERIOD. THIS MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL
DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR
EXEMPLARY DAMAGES, OR ATTORNEYS' FEES.
Disclaimer of Warranties
U.S. CELLULAR MAKES NO WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED
WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. U.S. CELLULAR IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS
CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC
CONDITIONS, OR ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR
SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATION WITH RESPECT TO
EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO
WHICH U.S. CELLULAR HAS NO LIABILITY WHATSOEVER).
Assignment
U.S. Cellular may assign this Agreement without notice to you. You may assign this Agreement only with our
consent.
Entire Agreement
This Agreement is the entire agreement between you and U.S. Cellular. This Agreement supersedes any
inconsistent or additional promises made to you by any employee or agent of U.S. Cellular.
No Waiver; Severability
U.S. Cellular's failure to enforce any right or remedy available under this Agreement is not a waiver. If any
part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
~ US. Cellular
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Indication of Authority and Signature Page
Please print in the names of individuals that are authorized to make purchases for, make changes
to, and receive information regarding the account established for The City of Dubuque, Iowa.
Authorized Contacts: M ;c.ho.e-I ('. \!~ II;~", I I2;~M M"')<V
Authorized Contacts: lliw" Lcu,~ I t-w.d:t;:I- 1)\ V"e_ LtcI'""
Authorized Contacts: -rerv~fTohlY") ~~')-t. \ oL<..<- r~:e.{:
I
Authorized Contacts:
By signature below, I understand and confirm the accuracy of the above information and agree to the
above terms and agreements.
The City of Dubuque, Iowa
Customer Signature:
Title:
Date:
U. S. Cellular
Representative:
Title:
Date:
Comelec Services
Representative:
Title:
Date:
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Indication of Authority and Signature Page
Please print in the names of individuals that are authorized to make purchases for, make changes
to, and receive information regarding the account established for The City of Dubuque, Iowa.
Authorized Contacts: M. ;c.ho..e..\ C. \/o..n Nu 1\ Ic)en I ~'t'fM MCII.'fV
Authorized Contacts: I::x...w" Lo.,"j I "D Il,d'Pci l), ve-<.:l:Q.
Authorized Contacts: -ref) lohlY), -t\~')-t. aLee.. r ~;e.~
Authorized Contacts:
By signature below, I understand and confirm the accuracy of the above information and agree to the
above terms and agreements.
U. S. Cellular
Representative: -~~ ~ c::::.
Title:
Date:
"BVSlN6SS "DEV-E;l.-OPMe.lT sPB:JI4W ST'
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Comelec Services
Representative:
Title:
Date:
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The City of Dubuque, Iowa
Customer Signature:
Title:
Date:
~ US. Cellular
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