AF='F'ROVAL. "fQ ~-~l1THQRI ~E: C::OU(`dTY ..TUDGE: TC7 SIGN B I LL I Nta RESK='f7N,~~- I F'~ I L :[ TY AG REEi'+IEhdT LaOmME RC: I AL_ ACCOUNT WITH SCIUTHWeSTERN HELL MOBILE C"STE1~1S On this, day the ~_'7th iiay of October, 1997 +_tpon irioti.on made by Commi ~5ioner L'~aldwin, 5ecanded by Commi55a.oner Let-, the Co+_rr,t unanimously approved by a vote of 4-0-~D, to a+_~thari.~e Co+_inty J+_rdge to sign Billing Re:spon=.ibility Agreement Commercial Accn+_rnt with So+_rthwe~atern hell tdobi.le c}~5tem~.. We, Commissioners' Court of Kerr County (na,rrxe of cOri7o~3te ©~tieer 1~ 5zu~nELli+xi~.~t ~t~~ii~~ 3~==ts]L,?SIC~ lrit~lv~tj~l~~? e~II~Y ~1."iv111~ lfle ~tliflOi'I~~ CO eSif~. ~ c*~ntrac:uai agrae*neni wi£h uouthKrester:~ i3ei1 <~ghiie ~vjrems cia authonae Robert Dens-on_„_,C~oi~nty Judge ~L7 ~C: !]~ ~3ei,~"ilf o~ ~ arr C >>~r; ;~ ~~ ca~a~a~azy uade*~sartcis and acitxs~+wle~.~~ i9av~n~nt respors~~iiii~r far ali ceilufar accvcznts essaoiishe~i under the cc~rn~arsy or entity BaII~e_ In t.~e Py~II~ ~~te a~cau.nts t~~y ~ero:rze ueiia~~ens. service :~. subvert ~0 ,ns~ez~zo~ 3IId []05Sii3fe CQS~t33fi8~I€#LI, She cflrr~par~y understands this 8iitfn~ 1Res~onsibi~ity ~.~ee:nsmt must ;~~ r~efye~'t bti S~ut~xweszertx Beii ~Ylobiie Systems before service can be e~raoi`ss:zed_ ~:~rxaer this a~ eeme~# 1 ~ °n~phanes will ne activates :~. HC3 ~ ::4~'IJ~ ROBERT A. DENSON P~.I~s''I E~ ~1.~ KERR COUNTY JUDGE ~~ OCTOBER 27, 1997 ~~ S~L~T'~S'~E~t~€ BELL V~QBivLL SYS'Z'E 730 S?,..t''t PEI3R~ PLAZA, 9TH i~'LC~C?]R. SA:v 0.~~`ON~O, '~ 78~I~ ~} T Tn, L e~~ e e l~ ~ o `~ f Q Southwestern Bell Wireless Activation Date ~ 0 '~~ WIRELESS SERVICE CONTRACT Please Print AgenUSalesperson ~~'~~ ~'` 'code BAN Mobile Number ( ) Group ID FREEDOM PLUS ONLY Landline Number PBID Number Name /1 iRy~l ~ L ~Int~; ~m P~ Atte n ~ oo ~~ Maih g dd~, /~ //e ~ ~~~},Bp~ ~j Alternate Contact Name Phone \Nome Phone Number City State Zip Code Secondary Authorization (PRINT( I authorize the individual listed above as Secondary Authorization to make any and all changes, additions or deletions related to this contract only. PHOTO ID REQUIRED' VERIFIED SOCIAL SECURITY #/FED. Tax I.D. Driver's License # Expiration Date State ~ •- • Individual ^ Sol Ownership ^ Partnership Corpof ation L/.t~'t..~ ~ ~a .., c gyn. .rte ..~1.. Lyt~ Employer or Pers/on~Authonzed t"6 Gorrtract on tsehalt of urgan¢anopr t/ Credit check # ` I Q ~~~~ ` ~~posit Amount JU ~ TI3nb~li;h Un Type: DALE n SERVICE ONLY ^ S1."JGUJ RENTAL 658810 sA ~ ~LZc~- Length of Service Commitment (from today's date) ^ 1 Year ~2 Years ^ 3 Years Early Termination Charge $200.1)0 At the end of the Service Commitment this Contract will continue on ~a month to month basis. One Tirne Service Activation Fee of $ .00 "~ Roamer Administration Fee of $5.00/month when Custer is roaming outside the South Texas Region. 11 ~itiuls Texas Infrastructure Fund Charge $0 75/month. ^ SOUTHWESTERN BELL 30 Includes 30 minutes per month Monthly Charge .... ..... $29.95 ' Airtime Usage Peak Off Peak Additional Minutes: .55 45 / Jrt~l,~les Call Waiting ^ SOUTHWESTERN BELL FREEDOM Monthly Charge.......... $39.95 Airtime Usage Peak Off Peak Additional Minutes: .35 .05 Includes Call Waiting ^ SOUTHWESTERN BELL 120 Includes 40 minutes of peak and 80 minutes of oft peak per month Monthly Charge.......... $49.95 ' Airtirne Usage Peak Off Peak Additional Minutes: .37 .25 Includes Call Waiting ^ SOUTHWESTERN BELL 400 Includes 250 minutes of peak and 150 minutes of off peak per month Monthly Charge.......... $99.95 'Airtime Usage Peak Off Peak Additional Minutes: .26 .18 Includes Call Waiting ^ SOUTHWESTERN BELL 600 Includes 600 minutes per month Monthly Charge ......... $149.95 `Airtime Usage Peak Off Peak Additional Minutes: .22 .22 Includes Call Waiting H ., i_ / ~, . ^ PROMOTION ^ SOUTHWESTERN BELL 250 EXP. DATE Includes 150 minutes of peak and 100 minutes of off peak 'Charges apply to local airtime rates per month within the South Texas Region. Optional Monthly Charge.......... $64.95 features, long distance, roaming, and Airtime Usage Peak Off Peak directory assistance calls not included. Additional Minutes: .29 .18 Included minutes are per billing cycle Includes Call Waiting and expire if unused. ^ Call Forwarding .................. ...................... $30'S- ^ 3 Way Calling .................... ...................... $2.25 ^ Detailed Billing ................... ...................... $2.50 ^ Emergency Road Service ........... ...................... $2.00 ............... ^ Call Notes ....... .............. $5.95 ........ ^ Call Notes Plus ................... ...................... $8.95 ^FeaturPak 1 (CF, DA) .............. ...................... $3.95 ^FeaturPak II (CF, DA, 3-W) .......... ...................... $4.95 ^FeaturPak III (CF, DA, 3-W, Call Notes) . ...................... $7.95 ^ Freedom Plus Service ............. ...................... $4.95 ^ FlexPhone ...................... .....................$19.95 .E] Connect 2 ....................... .....................$19.95 (Available on Southwestern Bell 250, 400, and 600 only) D CallerlD ........................ ......................$4.95 ^ Other ......................... ...........$ ^ Monthly Rental .. ............. ........... $ - -- Equipment Status: ~ ew ^ Pre-owned ^ Demo ^ Upgrade Tax ExemptioFt Status ^ Fed /l~ /' ~, /~ ~ ach Manufacturer/Model ~t tivl_C~ exemption certificate ocal ~ n ~ /1 ~rZ Q /'1 / 1 Customer's Initials Security tD/(ESN) # Suggested Retail Price or Replacement Price .... $ Sale Price ............................... $ Accessory $ Installation ............................... $ c~lo~ T .. Q SIC NAT'L ~ .FINANCE 1s ,~Idorct Deposit ~~ Purchas /n , Check Amt. Amt. ~ • v " # 7 ' ~ ~ PART 1 TERMS & CONDITIONS OF WIRELESS SERVICE CONTRACT & FOR SALES OF EQUIPMENT Southwestern Bell Wireless Inc. (SWBW), provides wireless service on the terms and conditions specified herein and at rates and charges established from time to time. Every use of the term 'you" or'your" in this Contract includes you, individually, as well as any company or other entity on whose behalf you are acting in submitting this application far service and/or equipment. 1. AVAILABILITY OF LIMITED SERVICE -Service is generally available to wireless mobile radio units (wireless telephones) equipped for this service and when within the range of cell sites located in the service area. Service is furnished for use by you or your authorized user and not for resale or redistribution in any form by you. A telephone number may not appear in more than ane mobile radio unit, except when provided by SWBW. Orders, including those which involve the start, change or discontinuance of service, will be accepted by SWBW only from you or your authorized agent. You have no ~:operty right in the telephone number. S1VBW reserves the right to assign, designate, or change such number, when, in its sole opinion, such assignment, designation or change is reasonably necessary in the conduct of its business. ~~' , _ • " 2- SERVICE COMMITMENT - 1'ou have contracted to have SWBW provide you service for the term specified on the front of this Contract under the~hea8ing-bf SbrviceComrnitment. The term of your Service Commitment begins with the first day your service rs activated. At the end of your Service Commitment, this Contract shall continue on the same terms and conditions contained herein on a month to month basis. If }our rate plan includes the provision of voice mailbox service, you must initialize this service pursuant to the procedures provided to you within thirty (30) days. Followiftg [his thirty (30) day period, you still will be allowed [o initialize the voice mailbox serwce by calling a Customer Service Representatwe. ~- you undderstand and agroe that SWE1k's damages rising out of any breach of your service commitment will be difficult, if not impossible, to determine. THEREFORE, IF YOU TERMINATE YOUR-SERVIeE BEFORE EXPIRATION OF THE TERM OF YOUR SERVICE COMMITIENT, YOU HEREBY AGREE TO PAY THE EARLY TERMINATION CHARGES FOR LIQUIDATED DAMAGES IN THE AMOUNT SPECIFIED HEREIN TO COMPENSATE SWBW FOR ITS COSTS, INCLUDING COSTS OF ACTT\'ATION OF YOUR SERVICE, INSTALLATION, ANTENNA, MINUTES OF USE AND;OR OTHER SERVICES WHICH 1NERE PROVIDED BY SINEW TO YOU IIV EXCHANGE FOR AND IN RELIANCE UPON YOUR AGREEMENT TO THE SERVICE COMMITMENT. Your Service Contract and commitment cannot he assigned without the consent of SW'61N. 3. DEPOSITS - At any time, SWBW may require you to make a suitable deposit to be held by SV1'BW, and you hereby rant SWBW a security interest in such deposit, to secure the payment of all sums due hereunder and on other account(s) for which you are responsible for payment, as wet as, the performance of all other obligations you may have to SWBW, whether now existing or hereafter arising. Upon termination of service, SWBW may apply }tour deposit against the outstanding amounts due hereunder, or against the outstanding amounts due on any other account(s) nor which you are responsible for payment, or any other amounts you owe SWBW. SWBW may require an additional deposit at any time during your service commitment. 4. RATES, CHARGES, AND PAYMENT -You will receive monthly bills which are due and to be paid in full on the due date shown on the bill. You are responsible to pay SWBW for'all charges assessed to your mobile number includiny wireless airtime charges on the subscribed system and charges incurred on other wireless systems (roamer charges), recurring monthly access, optional features, if any, any toll charges assessed to your mobile number, collect calls, third party billed calls to your mobile number, roaming administrative charges, network surcharge/land charges, applicable taxes and other charges or calls billed to your mobile number. You accept responsibility for outgoing and incoming calls to and from your wireless telephone. Chargeable time for calls originated or received by a wireless telephone begins when a signal connection is established to the carrier facilities (channel seizure) anal ends when the wrrgless telephone signals call disconnect (channel disconnect) al the carrier's facilities ("Connected Call").These charges are assessed based upon connection to the carrfer.facilities, regardless of whether the call is completed. Local airtime rates and peak,'off peak hours vary by market. There is a minimum charge for each Connected Call. Airtime is billed irr increments. ACtrial airtime usage is rounded up to the next full minute increment fur bitting purposes. Monthly recurring charges are billed a bill cycle in advance. SWBW reserves the right to increase or otherwise change any and all rates and charges, make changes to your subscribed airtime plan and change its peak/off peak hours upon thirty (30) days notie>3 tq you. SWBW reserves the righitq pass through and charge roaming charges, and increases in roaming administrative charges, and any increases in network surcharge/land charges with no advance notice to you: SWBW reserves the right during the term of this Contract to discontinue offering certain airtime rate plans and to change available rate plans if you no longer qualify for the rate plan to which you are subscribed, upon thirty (30) days notice to you. You may, during that thirty (30) day period choose from other available rate plans. Should you fail to select another available rate plan within that thirty (30) day period, you agree that SWBW may assign your service to a comparable available rate plan. You are responsible to notifySWBW in writing of any disputed charges within sixty (60) days of the date of the initial charge or manner of charge. Ii you do not notify SWBW within that time period in the manner stated, you have waived your right to dispute those amounts or procedures in question. • 5. TAXES -The price of the Service does not include sales, use, excise, ad valorem, property or any other tax or service fees, including 9-1-1 fees, which now or hereafter may be imposod, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes or fees directly or reimburse SWBW for any such taxes which SWBW may be required to collect or pay immediately upon the invoicing of any such taxes. 6. LATE PAYMENT/RETURN CHECK -SWBW may, at its option, assess a monthly late payment charge on any payments not received by the due date. SWBW may assess the late payment charge either as a monthly charge equal to the Lesser of five percent (5%) of the delinquent payment or five dollars ($5.00). In no event will any such charge exceed the highest lawful rate. A charge will be made by SWBW for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason; and SWBW may demand payment by money order, cashiers check or similarly secure corm of payment, at SWBW's discretion. You shall pay to SWBW all costs and expenses, including without limitation, reasonable attorney's fees, the fees of any collection agency, and court costs incurred by SWBW in exercising any of its rights or remedies hereunder when enforcing any of the terms, conditions or provisions hereof. 7. RELEASE OF INFORMATION -You consent to SWBW's disclosure of account information to or from credit reporting agencies, credit bureaus, private credit reporting associations, or to or from other providers of wireless service at any time during your service with SWBW. You hereby authorize SWBW to release for their marketing or other use, any and all proprietary information related to your accounts} with SWBW to Soutitwestem Bell Wireless Inc., and its affiliated entities and partnerships, SBC Communications, Inc., and its subsidiaries or affiliates, including its telephone companies, long distance companies and its cable, paging, or video affiliates or partners. `you understand that without this consent, such information can be used only in conjunction with your existing service. S. TERMINATION OF SERVICE -You may terminate service by notifying SWBW. If you terminate service before the completion of any service commitment other than a month to month term, you agree to pay the early termination charge to SWBW for liquidated damages in the amount set out on the front of this Contract and as described in Paragraph 2 herein. SWBW may terminate your service for non-payment of any sum due SWBW hereunder, ornon-payment of any amount due SWBW on other wireless account(s) for which you are responsible for payment, or for non-payment for any other service, repairs or equipment furnished in connection with your wueless phone, or upon violation of any of the conditions of this Contract, including fraud. Subject to any applicable regulation or tariff, SWBW may by notice to you, without incurring any liability, either temporarily discontinue your service, or terminate your servrce and this Contract. SWBW may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors or sale of substantially all of your assets. Service may also be refused or discontinued without notice in the event that: 1 }service is used in such a manner that will adversely affect SWBW service to others or is otherwise in violation of any Federal Communication Commission Rules or Regulations or state, federal or local laws; 2) services are not available from the network provider or its successor; 3) your credit information provided to SWBW is inaccurate; or 4) SWBW becomes aware of facts indicating that your credit standing has deteriorated. SWBW reserves the right to require a deposit for continuation of service, if SWBW deems such advisable. In the event your services are interrupted a restore/ fee may be applicable. 9. WIRELESS TELEPHONES -Except as provided in Parl II below, SWBW is not responsible for the installation, operation, quality of transmission or maintenance of your wireless telephone. 11 your equipment is lost or stolen, you are responsible for all wireless service charges until the theft is reported to SWBW and evidence of the theft is provided to SWBW (i.e. police report) directly, by calling your local customer service number at 1-800-333-2355 You understand that in the even) of non-payment of charges, the wireless radio system may be programrrled to refuse service to the equipment on whl~hthe delinquent Charges were incurred as well as to equipment for which you have any other accounts with SWBW, until payment in full rs made. You agree to advise any prospective purehaser of the equipment of any such charges outstanding. 10. SWBW LIMITATION AND CONDITIONS OF LIABILITY; INDEMNITY -Service may be temporarily interrupted including dropped calls, delayed or otherwise limited due to: 1) transmission limitations caused by atmospheric and other conditions; 2) the availability of radio frequency channels; 3) system capacity limitations; 4) coordlnatlon with adjacent wireless companies; 5) equipment moditicatrons, upgrades, relocations, failures, repairs and/or similar activities; and 6) negligence of SWBW. SWBW therefore assumes no duty to provide uninterrupted service to you or your authorized user. SWBW shall have no liability and no credits shall be given for any of the above referenced conditions arisingg out interruptions, delays, or failures in transmission as well as: 1) your negligent or willful act; 2) the failure of equipment or-service riot provided through SWBW facilities, or 3) the failure of services not provided by SWBW; or 4) acts of God, fire, riots, Government authorities or other causes beyond the control of SWBW. Company shall not be liable for any failures or delays in transmission in connection with the provision of 911 service where available. ~ You agree that the liability of SWBW, it any, for delays, and failures in transmission of service (service problems) tq you, whether caused by the rr~~egligehre'Uf SWBW or otherwise, is hereby limited to the allowance of a credit in the form of an adjustment for no more than the charges billed by SWBW to you for wireless service for'the period during which the service problem occurred, except that no credit shall be given for recurring monthly charges, if any, for a servrce problem of less than 24 hours duration. fVO credit shall exceed the wireless service charges billed for the period during which the service problem occurred. No credits shall be given for dropped cRlla. SWBW has the right to require that credits be applied for upon written request and to deny any request for credit for an alleged service problem where the evidence of such problem Is in onclusive, pr the req est is-otherwise unwarranted or Insufficient. Except as provided above, you hereby agree that SWBW shall not be liable for, and shall be held harml~ss by you from and against, and you agree to indemnify SWBW for, any and all claims - aid damages, of every kind, including damages to your vehicle, personal injury and specifically special or consequential damages, arising out of the use of any service and/or equipment ~, provided unde(thls.Contract, as well as any damages arising out of or attributed, directly or indirectly, to servrce problems or use of the wireless service and/or equipment by you and any third i party. You understand that' for al[.additional fee, speakerphone equipment is available from numerous sources. This service enables you to use your wireless telephone without holding the receiver; tfrereby allowin~you.tQ use both hands while operating your motor vehicle. if SWBW undertakes to connect Customer to an interexchan carri Customer'S~cholCe and the customer's phone is inadvertently connected to a different carrier, SWBW s liability is limited to connecting customer to chosen carrier at the earlie~t opp4rtun after pr~stbmer notifies SWBW. If the choice of carrier is through presubscription, which SWBW may but is not required to provide and which SWBW may cease to offer upon 0 days otk:e, th n the obligation to connect Customer to the carrier shall only be applicable if the participating carrier participates in and continues to participate in such presubsoriatioh. CusTomer is responsible for payment of interexchange carrier charges for any calls connected through another carrier, whether by presubscription or otherwise. l ~ - 11. GOV~RNING~LAW -This Contrail shall be governed by the laws of the State of Texas without regard to choice of law principles. This contract contains the entire agreement and understanding of the parties governing the relationship formed by this Contract; supersedes any previous agreements or understandings, oral or written; and may not be modified except in writing. You may not assl~n this Contract without SWBW's prior written consent, and any attempted assignment without such consent shall be void. 12. CALLTO OUTSIDE OF WIRELESS SYSTEM -Unless connected through an interexchange carrier, service for calls from within the subscribed wireless system to areas outside the subscribed wireless area li.e. Iona distance calls/ will he orovided by SWBW Dursuant t0 applicable charges. COMMISSIONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO 6E REVIEWED BY THE COURT MADE BY: C;1 ann K _ H~1 PkamS MEETING DATE: ~ n i 2 ~ ~~~ OFFICE: K rr Co ~n y Animal Control TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Authorize Glenn x. xolekamp to sign Southwestern Bell Responsibility Agreement for Cel~_ular Phone. EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: ESTIMATED LENGTH OF PRESENTATION: 5 min. PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: G?_enn x. Holekamp Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 8. 552 of the Government Code is as follows. Meetings held on first Monday: 5:00 P.M. previous Tuesday Meetings held on Thursdays: 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the Courts formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines.