Loading...
U.S. Cellular Service AgreementTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM July 12, 2007 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 years to verify the best pricing and services are in place. Budget Director Jennifer Larson 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, 2006 -June 30, 2008 and allows cell phone users to renew anytime within the first 18 months, and still have a June 30, 2008 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. Budget Director Jennifer Larson, City Attorney 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. I concur with the recommendation to sign the attached agreement and respectfully request Mayor and City Council approval. 'l ~ (~ ti l Michael C. Van illigen MCVM/jml Attachments THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM July 11, 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director ~ ~- SUBJECT: Cellular Service Agreement between U.S. Cellular and the City of Dubuque Introduction The purpose of this memo is to submit for review and signature, the Cellular Service Agreement between U.S. Cellular and the City of Dubuque. Background During 2000, the City of Dubuque switched to US Cellular as the main cell phone service provider (excluding Police, Fire and Airport). In March of 2003, the City of Dubuque checked pricing and renewed their service with ComElec-Cellular and the Fire Department transitioned over at that time. In March of 2005, the City of Dubuque checked pricing again and renewed their service with ComElec-Cellular and the Police Department transitioned over at that time. The City goes out for bids every 2 years to verify the best pricing and services are in place to fit the needs of the City. The City of Dubuque currently has 143 cell phone plan users. On March 16, 2007, a cell phone bid was sent to In Touch Cellular and Satellite, ComElec-US Cellular, Central Cellular, Pinnacle Cellular, and Verizon. Responses were received from all but Verizon and In Touch Cellular and Satellite, both of which requested to submit a bid after the due date of proposals and were denied by the bid review committee. After extensive review by the committee of calling areas, plan options, equipment costs and comparing pricing based on a 3-month average minute usage by City users, you approved accepting the U.S. Cellular proposal for cell phone service. Discussion The attached master use agreement is for 2 years, July 1, 2006 -June 30, 2008 and allows cell phone users to renew anytime within the first 18 months, and still have a June 30, 2008 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 6 phones. Four are speaker phones, three are camera phones, and all have the necessary options. Barry Lindahl, City Attorney, Terry Tobin, Assistant Police Chief, and I 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. Request I respectfully request your signature to the agreement between ComElec-US Cellular and the City of Dubuque so the City can move forward in receiving the benefits outlined above. Thank you. JML Attachments cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Terry Tobin, Assistant Police Chief Chris Kohlmann, Information Services Manager Kathy Sturm, Purchasing Coordinator Bob Schiesl, City Engineer Russ Stecklein, Police Captain • .. a ar We connect with your: Customer Service Agreement between U. S. Cellular and The City of Dubuque, Iowa Sales Representative: Comelec Services, Authorized Agent Dated: July 1, 2007 Expires: June 30, 2009 CONFIDENTIAL The following proposals and assumptions are based on the immediate and projected needs 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. `~ US. Cellular_ We connect w:th you: Ms. Jenny Larson Budget Director City of Dubuque 50 West 13~' Street Dubuque, IA 52001 Dear Jenny: 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 5.7 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 143 lines of active service with U.S. Cellular. This agreement will expire June 30~', 2009. Please do not hesitate to call me with any questions at 563-590- 9968. Sincerely, Jeff Swift, Representative Comelec Services U. S. Cellular Authorized Agent `~ US. Cellular We connect wttGe you: TABLE OF CONTENTS U.S. Cellular Information ................................................................................. 2 Table Of Contents ....................................................................................... 3 Agreement Overview .................................................................................................... 4 U. S. Celluar Information ............................................................................... 5 Proposed Solution ....................................................................................... 6-7 Agreement Term ......................................................................................... 8 Equipment Information ................................................................................................. 8 Security Measures ...................................................................................... 9 Roamer Support Center ............................................................................................... 9 Terms and Conditions .................................................................................. 10-12 Signature Page ........................................................................................... 13 3 ~~ US. Cellular We connect with you: PROPOSAL OVERVIEW U.S. Cellular is proud to offer this proposal to The City of Dubuque. This proposal provides The City of Dubuque the opportunity to build a solid business relationship with a financially sound wireless provider which offers an advanced wireless network that has aggressively expanded over the last 15 years. U.S. Cellular will continue to expand the network and seek opportunities to maintain U.S. Cellular's standing as a leader in the industry. The City of Dubuque will be provided cost effective rate plans, products and services based on their business needs as well as unmatched customer service and support. Acceptance of this agreement creates and develops a contractual relationship between The City of Dubuque and U.S. Cellular for the term of 24 months. U.S. CELLULAR INFORMATION The Company: Headquartered in Chicago, U.S. Cellular (AMEX: USM) is the nation's seventh largest wireless telecommunications provider and was founded in 1983 by Telephone and Data Systems, Inc., which currently owns more than 80% of U.S. Cellular. Since then, U.S. Cellular has grown to provide wireless service to over 5.7 million customers in 149 markets throughout 28 states. U. S. Cellular's success is predicated on its brand promise and customer satisfaction, and has enjoyed explosive growth because of these strategies. In 2007, U. S. Cellular continues to improve the company's geographic footprint and improve our networks and business processes to grow profitably in 2007 and beyond. 4 `~ U S. Cellular_ We connect with your 30 Day Trial -take our best network challenge...testnur products... experience our customer service... and make sure they are right for you. Freedom to change -you can change to any qualifying calling plan or service offer at any time. U.S. Cellular is committed to being customers' first choice for superior wireless service. The company's goal is to ensure that all current and potential customers have a positive experience with U.S. Cellular - as evidenced by our industry-leading customer retention record. Through its six state-of-the-art Customer Service Centers, U.S. Cellular provides a level of service that makes it stand out in the competitive wireless industry. These Customer Service Centers are located in Medford, Oregon; Tulsa, Oklahoma; Cedar Rapids, Iowa; Milwaukee/Madison, Wisconsin; Knoxville, Tennessee; along with our newest center in Bollingbrook, Illinois. In addition, U.S. Cellular has more than 550 retail locations nationwide. U.S. Cellular provides its customers with more than basic wireless service. The company serves both individual consumers and business customers, offering such services as easyedges"" Phone Download Service, easyedges"" Wireless Modems, SpeedTalk® walkie talkie service, BlackBerry® Solutions, Text Messaging Plans, and Mobile-to-Mobile discount calling features. s ~~ US. Cellular We connect u~itGc you: Proaosed Solutions Com nt selected Deacrl o~F com Ian Detail Phan Name Business Communit 700 X Pro osed Rate Plan Name Number of me minutes 700 X Number of minutes rovided each month, er line utilizin this Ian. Number ofF ed minutes 44,800 based on 64 lines X Total lines multiplied by anytime minutes. The pooled minutes are Available to an user within the ooled rou . M Access 39.99 er flne X Monthly Cost of Price Plan. Does not include Tax, Universal Service Fee, and 911 fees. Overa a Rate er Minute .39 er min X Cost er minute when oin over ooled minutes in a month. Rate Plan calling Area -area considered "local" Wide Area X Area in which an ime minutes can be used. See included ma . Nationwide Roamin Minutes 60 per line! 3840 ooled er mos. X Roaming Minutes are Per Month and are in addition to the Anytime Minutes Included with our Ian. Additional Roamin Min are .39 ea. Current/ Minimum Lines 64 10 Initial line count as well as minimum line count for rate Ian in use. Activation Fee Waived X 30 Per Line. This Fee is waived on Business Accounts with 5+ Lines. Features Com ent Selected Deacrl of Com ntlPlan Detail Caller ID Included X Shows ou the number of incomin calls. VM w/Messa a Waitin Included X Di ital Answerin Service for Cell Phone. Includes New Ms indicato Detailed Billin Included X Shows the time date and the cost of eve call for our billin eriod. Call Waitin Included X The abilit to answer an incomin call when current/ on a call. Call Forwardin Included X The abilit to forward our cellular number to another number. 3-Wa Callin Included X The abilit to conference 3 callers at a time. Nationwide Lon Distance Included X Nationwide toll free callin is included in all minutes of use. Toolbox Feature Choose 1 of these features per CTN. May be changed as needs Chang Additional features ma be urchased er CTN as needed. Unlimited Mobile to Mobile INCLUDED X IF SELECTED -Unlimited calls between U. S. Cellular subscribers Within the Wide Area callin area. See Ma for details. Priced er CT Unlimited Call ME incomin 6.00 er CTN IF SELECTED -No Charge for Incoming Calls from any source within Rate Plan callin area. Priced er CTN. Unlimited Ni ht & Weekends $6.00 er CTN IF SELECTED -No Charge for calls made from Rate Plan calling area Between 9 p.m.and 7 a.m. Mon -Thu and from Fri at 9 p.m. ti117 a.m. Monda .Priced er CTN. 100 Roamin Minute Packa a 10.00 er Package of 100 additional Roaming Minutes may be purchased at 10.00 er Packa e. More than one acka a ma be urchased. Mobile Messa in Send and receive text messa es from our wireless hone. Per Use 0.15/EA X Unlimited incomin / .15 cost er out oin included with all laps Mobile Messa in 250: 4.95IM0 Unlimited incomin / 250 messa es out oin Incomin No Char e Mobile Messa in 750: 9.951M0 Unlimited incomin / 750 messa es out oin Incomin No Char e Mobile Messaging UNLIMITED: 14.95IM0 Unlimited incoming/ UNLIMITED messages out going. Incomin No Char e d es"" data services .95 I MO This feature allows for Unlimited access to a suite of data products designed for your phone. Games, ring-tones, news, sports, weather, just to name a few. Price is per CTN and Additional cost are incurred for purchasing or subscribing to the a lications. BlackBer Service 39.95/ 44.95 Available with Voice Service or as a Stand Alone. Included unlimited access. S eedTalk sM 10.00 Includes Unlimited walkie-talkie style calling between other U. S. Cellular SpeedTalk sM users, when on the U. S. Cellular Network. SpeedTalk sr. equipmer Is re uired in order to select this feature. Si nal Insurance 5.951MO 50 deductible covers if the hone is lost stolen or dama a in an wz Dlrecto Assistance 1.501EA Dial 411 for Directo Assistance to et an hone number for an listin in the I `~ U S. Cellular_ We connect wzth you: Proposed Solutions (continued) Com nt Selected Desch aF Com ent/Plan Detail Plan Name Corporate Custom X Pro osed Rate Plan Name Month/ Access 8.00 X Monthly cost of Price Plan. Does not include Tax, Universal Service Fee and 911 fees. Rate Per Min -Wide Area .09 er min. X This plan does not include packaged minutes. This is the rate per minute in Wide Area callin ma . Local Covera a Area Wide Area X Area in which an ime minutes can be used. See included ma . Nationwide Roamin See ma .39 er min X Cost to roam er minute when outside the Ian's area. Current) Minimum Lines 79 25 Number of initial lines on rate plan and Min allowed to qualify for this Ian. Activation Fee Waived X 30 Per Line. This Fee is waived on Business Accounts with 5+ Lines. Features Com onent Selected Descri tion of Com onentJPlan Detail Caller ID Included X Let's ou know who is callin before ou answer. VM w/Messa a Waitin Included X Our voicemail answers when you can't. Indicator light shows when messa a is received. Detailed Billin Included X Shows the time, date and the cost of every calf on your monthly statement. Call Waitin Included X The abilit to answer an incomin call when current/ on a call. Call Forwardin Included X The abilit to forward our number to another number ou select. 3-Wa Callin Included X The abilit to conference-call 3 users at a time. Airtime a lies. Nationwide Lon Distance Included X Free Long Distance, Roaming charges apply when outside your area Ian. O Features Mobile Messa in Send and receive text messa es from our wireless hone. Per Use 0.20/EA X Unlimited incomin 1.20 cost er out oin included with all tans Mobile Messa in 250: 4.95IM0 Unlimited incomin / 250 messa es out oin Incomin No Char e Mobile Messa in 750: 9.95/MO Unlimited incomin / 750 messa es out oin Incomin No Char e Mobile Messaging UNLIMITED: 14.951M0 Unlimited incoming/ UNLIMITED messages out going. Incomin No Char e Blackl3er Service 39.95/ 44.95 Available with Voice Service or as a Stand Alone. Includes unlimited access to email, web browsin ,and other data. Si nal Insurance 5.95/MO $50 deductible covers if the phone is lost, stolen, or accidentally dama ed in an wa . Directo Assistance 1.50/EA Dial 411 for Directory Assistance to get any phone number for any listin< in the US `~ US. Cellular_ We connect with you: Agreement Term: Coterminous. The agreement term for all 143 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 would elect not to renew their cellular service agreement with U.S Cellular at the contract end date, The City of Dubuque 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: During the term of this agreement, The City of Dubuque will receive 1 new discounted phone for each active service line. At The City of Dubuque's direction, discounted equipment will be placed on the active lines. New lines will also be eligible for discounted equipment at the same cost. The terms of the co- terminous agreement shall apply. Manufacturer and Model Retail Price 2-YR A reement LG UX210 $See Re $.01 Motorola W315 $See Re $.01 Motorola v323i $See Re $19.95 LG 245 $See Re $19.95 K ocera KX440 $See Rep $19.95 Motorola RAZR See Rep $39.95 Pricing: Pricing for the above phone models is subject to change during the two year contract term. If U S Cellular promotions dictate the stated equipment pricing to be less, the promotional offering will be extended to The City of Dubuque. Availability: Due to the changing environment of equipment suppliers, U S Cellular will substitute equipment of equivalent value if at any time during the contract term the equipment stated above becomes unavailable from the supplier. Phone Warranty: All new phones include a 1 year manufacturer's warranty that covers manufacturer's defects of the phone. The warranty does not cover against loss, theft, and water damage as a result of accidents or abuse. It is recommended that supplemental insurance be purchased to cover non-warranty issues. Optional insurance through Signal Dial Direct Plus is available at a cost of $5.95/mos per phone. See Signal Insurance Brochure for coverage details. Underwritten by: Assurant Solutions companies. `~ US. Cellular We connect wzth you: Loaner Phone Program: U. S. Cellular and Comelec Services, agree to supply The City of Dubuque 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 per The City of Dubuque's notification. No Extension of the contract applies if a minimum of 1291ines (or 95% of lines) are kept active and no more that 10% of the total lines are suspended. Failure to keep a 129 line minimum or suspension of more than 10% may result in extending contract term time. (ex. If more than 10°~0 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). Business to Business Billing Support: The City of Dubuque will also have access to a specialized Business Customer Service and Billing Support Team through a toll free number. This Business Support Department will have representatives dedicated solely to your billing and customer service needs. U. S. Cellular's Business Customer Service Number: 800-305-2501 Account Analysis Reporting: If requested, quarterly usage reports can be generated showing each user's monthly minutes of use, associated roaming fees, monthly charges, account totals, and quarterly averages. This reporting tool allows your company to maintain a clear picture of individual and account usage patterns, averages and trends. 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. `~ US. Cellular. We connect zvzth vou: 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 account as well as any special procedures regarding the facilitation of The City of Dubuque's account. This is an important security measure that will insure only the appropriate personnel from The City of Dubuque will be authorized to make changes or purchase equipment on The City of Dubuque's account. (See last page for authorizations) io ~~ U S. Cellular_ We connect with you: 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/termsandconditions. 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. 11 `~ US. Cellular We connect with you: 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. 12 ~~ US. Cellular We connect with you: 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. 13 ~~ U S. 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. Authorized Contacts: i Q ~ ~ ~ .J~GtVI A'~ °l-r' Authorized Contacts: 1r U IIrL°L~' Authorized Contacts: Terra `TC~Oi /1T SSA • O ~ iLe.. ~/1 ~~''~ Authorized Contacts: Gh r'is Kc~11 YYl~YI , ~nfarYYlQ~i0Y1 seC11 iCPS Maier 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: ~-~~--~~ Title: ~u~r~ss ~VEZr~P~_ ~z Date: (~ ~ ~ 1~ao ~ Comelec Services Representative: Title: ryi4 Jr¢!~' ~~' Date: ~~/~~ 7 The City of Dubuque Customer Signature: Title: Date: 14