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August 19, 2003 - Board of Supervisors Agenda

1. Warranty replacement and exchanges may be done over the phone with 24 48 hours delivery In addition the Cricket Retail Store can also perform warranty replacement and exchange services Cricket Retail Store Location 3430 Tully Road Suite 46 Modesto CA 95350 Handset Insurance Replacement Plan 3 99 per month per handset includes Loss Theft Damage Co Payment per claim 35 00 co payment will be required for each claim maximum 2 claims per year per phone number Exclusions Abuse accidents and unauthorized alterations are not covered 07 30 03 3 Click Here to Return to Agenda EXHIBIT C TERMS e This agreement is valid for a period of three 3 years e All prices are exclusive of federal state and local taxes and other applicable assessments surcharges fees regulatory recovery fees and universal service fees e Contractor agrees to provide Stanislaus with Contractor s best pricing on all Service rate plans throughout the terms of the agreement for similar quantities of handsets terms and conditions e Handset product prices are valid for this category of Products and Service throughout the length of the contract Products and manufacturers may change from time to time e Monthly service charges are billed in advance and payment is due on or before the due date Invoice will reflect due date e The wireless service is subject to Contractor s standard Terms and Conditions of Service e billing
2. b You may authorize payment of your Cricket bill by credit or debit card credit card If you authorize continuing payment by credit card then you authorize us to charge all amounts you owe us to the credit card account We will not have to give any additional notice to you or obtain additional consent from you before billing that credit card for Service each month You agree that you ll pay the amounts we charge to your credit card under the terms of your agreement with the credit card issuer You may also pay your Cricket bill 1 by mailing a check or money order to us 2 in person at any Cricket authorized payment center or 3 over the phone You may have to pay an additional service charge if you make your payments in person or over the phone We reserve the right to require that you pay your Cricket bill with cash c If we have to take action beyond billing you in order to collect payment you will be required to pay our reasonable costs and expenses of collection Such costs and expenses may include attorneys fees and expenses the fees of any collection agency and court costs 07 30 03 3 Click Here to Return to Agenda d You must promptly notify us of any change in your billing address or the credit card you want to use for payment If Cricket bills and collects amounts for any third party service provider we will allocate payments we receive from you first to amounts due to Cricket We will then allocate any remaining paym
3. c Ringtones Graphics and Picture Messages must be purchased at the time that you download them with a valid credit card or checking account number The purchase will not appear on your Cricket service bill By clicking Buy on the purchase portion of the website you agree to pay for the Ringtone Graphic or Picture Message listed in the order confirmation Those purchases are non refundable If you order a Ringtone Graphic or Picture Message and your phone is not compatible or will not support the Ringtone Graphic or Picture Message you will still be charged but your phone will not be able to play the Ringtone or use the Graphic or Picture Message Please make sure that you have a compatible phone before you confirm your purchase If you purchase a Ringtone Graphic or Picture Message and your phone s memory does not have available storage you will be charged for the download Please follow the instructions on the website to determine what steps to take if your download is not successful It may take up to an hour for a download to complete 14 Termination a If you do not pay your bill on or before the date due as stated on your bill we may immediately suspend or terminate your Service Cricket is not required to provide you with any notification before terminating your Service f we accept a late or partial payment even if you mark the payment in full we do not waive our rights under this Agreement b We may also suspend or
4. Customer understands and agrees that in connection with any such MAC modification AWS may a modify Customer s Service Discount and Equipment percentage discount and or b permit or restrict Customer s access to certain other program components Customer s MAC modification will not affect Customer s Service Discount reconciliation obligation for the prior Term Year 3 2 Service Discount Reconciliation If Customer fails to achieve the MAC as may be modified in accordance with 3 1 above Customer will pay AWS the difference between the amount of the Service Discount received by Customer Corporate Responsibility User and or Individual Responsibility User and the amount of the Service Discount for which Customer would have qualified considering Service Revenue actually received by AWS during that Term Year 3 2 1 Ramp Period The first ninety 90 days after the Effective Date constitutes a ramp period such that Customer will be deemed to have achieved its MAC for the first Term Year if AWS receives Service Revenue in an amount equal to seventy five percent 75 of the MAC on or before the first anniversary of the Effective Date The ramp period applies only for purposes of calculating the Service Discount Reconciliation and does not apply to or modify Customer s obligation under Section 2 2 3 3 Business Downturn Notwithstanding anything to the contrary in the event that no or insufficient funds are appropriated
5. The parties acknowledge and agree that a In the event of a conflict between the terms contained in the WSCA Master Agreement and this Participating Addendum the terms and conditions of this Participating Addendum will control as between Contractor and the Participating Entity and b This 8 specifically supercedes 5 of the WSCA Master Agreement This Participating Addendum and the WSCA Master Agreement together with its exhibits set forth the entire agreement between the parties with respect to the subject matter of all previous communications representations or agreements whether oral or written with respect to the subject matter hereof Terms and conditions inconsistent with contrary or in addition to the terms and conditions of this Participating Addendum and the WSCA Master Agreement together with its exhibits shall not be added to or incorporated into this Participating Addendum or the WSCA Master Agreement and its exhibits by any subsequent Purchase Order or otherwise and any such attempts to add or incorporate such terms and conditions are hereby rejected The terms and conditions of this Participating Addendum and the WSCA Master Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms IN WITNESS WHEREOF the parties have executed this Participating Addendum as of the date of execution by both parties below Participating Entity Contractor AWS National Accounts LLC By
6. You may also purchase minutes of long distance use directory assistance and other optional Services when you pay in person at a Cricket payment center that is authorized to accept payments for these Services You may purchase optional prepaid services from us in increments established by us from time to time up to any maximum we establish b Purchases of prepaid Services are non refundable and may not be redeemed for cash or applied to your monthly service charge IF YOUR CRICKET SERVICE IS SUSPENDED OR TERMINATED DURING ANY MONTHLY SERVICE PERIOD AS PERMITTED BY THIS AGREEMENT YOU WILL NOT BE ENTITLED TO 1 ANY REFUND OF AMOUNTS PAID FOR SUCH SERVICE PERIOD OR 2 DISCOUNT OR PRO RATA REDUCTION OF AMOUNTS OWED FOR SUCH SERVICE PERIOD c If you purchase a Service that is available for a specific period for example a fixed number of long distance minutes per month or that has an expiration or termination date you will not be permitted to use that Service after the end of the specific period or after the applicable expiration or termination date d Long distance calls may be made only from your Cricket service area to destinations in the United States Mexico Canada and other specific areas designated by Cricket from time to time e You may check the amount of Services that you have purchased and that remain available for your use by calling PAY from your wireless phone Your monthly Service invoice from Cricket will not include cal
7. b Cricket will not be liable to you in connection with 1 the manufacturer s warranty 2 any actions or omissions of the manufacturer or 3 any malfunction or failure of the wireless phone or related equipment c Returns of Merchandise Returns of merchandise are accepted only if returned within thirty 30 days after the date of purchase The original sales receipt is required for a refund Returned phones must have been used for less than thirty 30 minutes and must be in like new condition with the original box packaging and all included accessories such as charger battery phone strap and instruction manual Returned merchandise other than phones must be unopened and unused with the original price tags still attached d The use of aftermarket accessories with your handset may void the handset warranty Please refer to your handset owner s manual for specific warranty guidelines 17 TTY TTY also known as TDD or Text Telephone is a telecommunications device that allows people who are deaf hard of hearing or who have speech or language disabilities to communicate by telephone If you have questions concerning the use of your wireless phone with a TTY device please contact us toll free at 1 800 CRICKET 1 800 274 2538 18 Lost or Stolen Wireless Phones Phone Replacement Plan a If your wireless phone is lost or stolen you must immediately notify us by calling toll free 1 800 CRICKET 1 800 274 2538 You may also need t
8. further any other lawful purpose You also agree that you will cooperate with Cricket in i investigating any complaints lodged by third parties for Content sent by you and ii ensuring compliance with this Agreement e The technical processing and transmission of the SMS Service including your Content may involve transmissions over various networks not operated or controlled by Cricket Cricket may change the Content to meet the technical requirements of connecting networks or devices Cricket cannot guarantee that your intended recipient is the only party that will receive the Content or that you will receive timely confirmations of the Content you send In addition Cricket cannot guarantee that messages you send or that are sent to you will be received in a timely manner or that your messages will be received at all 13 Ringtones Graphics and Picture Messages a Cricket may offer Ringtones Graphics and or Picture Messages for sale on its website Ringtones are song clips or other sounds that can be downloaded from the website to a compatible Cricket amp phone and serve as the call ringer Graphics and Picture Messages are two dimensional graphic images that can be downloaded from the website to a compatible Cricket amp phone and can used on that phone including the ability to insert the Picture Message as a picture in SMS messages sent from that phone You are only allowed to store the Ringtone Graphic or Picture Message on your Cricket
9. 32 99 fixed monthly rate unlimited wireless communications throughout Stanislaus amp Merced county market service area including the following Stanislaus communities Salida Riverbank Oakdale Patterson Newman Modesto Ceres Turlock Waterford Denair Hughson Keyes Hickman Crows landing and Vernalis Merced county communities of interest Hilmar Delhi Cressey Winton Livingston Atwater Merced Stevenson and Gustine This service plan does not include any features from the Features table below they are in addition to the Basic Plan rate Long distance and Directory assistance must be pre paid Long Distance 0 08 per minute for domestic long distance 0 18 per minute to Canada and Mexico Other One time 25 00 Activation Fee will be charged for each new service Directory assistance 0 99 per call Options Optional features can be ordered from the Features table below PLAN II CRICKET TALK 39 99 fixed monthly rate unlimited wireless communications throughout Stanislaus amp Merced county market service area as above Also includes Free 500 minutes of domestic long distance per month to U S Cities Three free features call waiting caller ID and three way calling Additional long distance 0 08 per minute for domestic long distance 0 18 per minute to Canada and Mexico 07 30 03 5 Click Here to Return to Agenda Other One time 25 00 Activation Fee will be charged for each ne
10. Annual Volume of Qualified Charges Service Discount on Wireless Data Service Using the GPRS Network Service Discount on Voice Service TDMA and GSM and Wireless Data Service CDPD The Service Discount will be applied from the day Service is activated or electronically associated with the corresponding Participating Entity s WSCA Foundation Account Number Service and Equipment Discounts may take two billing cycles to be reflected Neither the acceptance by AWS of any payment partial payment or any other performance by any Participating State and or Purchasing Entity nor any act or failure of AWS to act or to exercise any rights remedies or options in any one or more instances will be deemed a waiver of any such right remedy or option or of any breach or default by such Participating State and or Purchasing Entity then existing or thereafter arising No claimed waiver by AWS of any rights remedies or options will be binding unless the same is in a writing signed by AWS WSCA Discount is currently at 15 and is reviewed twice a year The subscription fees AT amp T Wireless discounts are as follows Monthly recurring charge One time activation charge sometime referred to as Start of Service Home airtime minutes Roaming minutes when AT amp T Wireless has re rated those minutes into the home calling plan Charges for features such as Detail Billing Short Message Service Voice Mail and Convenience Features Click
11. not assign the Number to any wireless phone or other equipment except as approved by us or otherwise required by law You may not assign the Number to any other party d Please note that your name and Number may be displayed on the phone of a person you call if that person uses caller identification We provide no cost methods to block and un block the display of your name and Number Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers 15 Wireless Phones and Other Equipment Your wireless phone is only compatible with Cricket wireless service and may be used only on Cricket s network The wireless phone and related equipment you use with Cricket Service can only be used in your Cricket service area 16 DISCLAIMER OF WARRANTY a Cricket does not manufacture wireless phones or related equipment or provide warranties with respect to those items Your rights with respect to your wireless phone and other equipment you purchase including your warranty rights and your rights to return defective products are governed by any warranty offered by the manufacturer CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED ABOUT THE SERVICE S YOUR WIRELESS PHONE OR ANY RELATED EQUIPMENT INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Our disclaimer does not deprive you of any rights you may have against the manufacturer
12. of billing For staff that exceeds this limited use other arrangements must be made separate from the County Department heads have the authority and responsibility to review inappropriate personal use of County phones and take appropriate action County Human Resources staff are available for consultation For any personal use beyond that defined above staff must arrange their own phone billed directly to their personal residence I accept full responsibility for the phone that will be issued to me and have read and understand the Stanislaus County Telecommunications Policy and agree to use the phone in accordance with the terms and conditions of the policy I am liable for replacement costs if my negligence or improper handling damages the County phone I understand I am personally liable for all unauthorized or improper charges that I may incur If it is determined by my Department Head that I have used this phone for unauthorized or improper purposes I shall reimburse the County within ten 10 days If I have not reimbursed the County as requested I understand and agree that the County shall offset all such unauthorized or improper charges through payroll deduction Misuse or violation of the Telecommunications Policy may result in disciplinary action including termination and may also result in criminal prosecution NAME OF STAFF RECEIVING THE PHONE Signature of Staff Receiving Phone Date Click Here to Return to Agenda Teleco
13. of the feature 3 5 2 Non Qualified Charges refers to the following charges to which the Service Discount will not apply a charges for long distance service b all charges for local landline interconnect toll services and other charges arising from or related to wireless operators providing long distance service c all charges for Equipment d roaming charges in areas other than AWS Markets e all taxes and f all other charges not described in 3 4 1 above including without limitation recoveries for universal service assessments 4 Equipment Pricing With respect to Equipment found at http www attws com cda AWS will provide Customer with the Equipment discount percentage set forth on the Cover Page 5 AT amp T Employee Sponsorship Program Sponsorship Program Customer s current W 2 employees may Subscribe to Service in AWS Markets under the Sponsorship Program Each Individual Responsibility User who subscribes to Service under the Sponsorship Program is individually responsible for complying with all of the terms and conditions of AWS Service Agreement applicable to the rate plan chosen by the Individual Responsibility User 5 1 Service Agreements Each Individual Responsibility User must enter into a separate agreement with AWS for Service and Equipment Service Agreement 5 2 Sponsorship Program Activation Processes and Procedures In order to receive the Sponsorship Program features set forth below Individu
14. terminate your Service without any liability to us and without prior notice if you breach any portion of this Agreement or if we suspect in good faith that you are using the Service s for fraudulent purposes c If you promptly pay amounts that are overdue or cure any other breach of this Agreement Cricket may reinstate or reconnect your service after you have paid any reinstatement reconnection maintenance or other fee we have established but we are not obligated to reinstate or reconnect your Service 07 30 03 5 Click Here to Return to Agenda d We may also terminate your service at our discretion after reasonable notice e You may terminate Service at any time by notifying a Cricket customer service representative Please note however that if you have a Service Commitment as described above you will be subject to the 150 Early Termination Fee if you terminate Cricket service before the end of your 12 month commitment 0 IF THIS AGREEMENT TERMINATES FOR ANY REASON YOU WILL NO LONGER BE ENTITLED TO ACCESS ANY OF OUR SERVICES AND YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OF ANY PAYMENTS YOU HAVE MADE TO US FOR MONTHLY SERVICE FEES FOR ANY OTHER PREPAID SERVICE OR FOR ANY OTHER REASON 15 Numbers a You do not own the Number assigned by Cricket We can change or reassign the Number by giving you notice b If your account is deactivated we can reassign the Number without giving you any notice c You may
15. waived for any violation that occurs later 07 30 03 7 Click Here to Return to Agenda b Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effect of this Agreement c You may not transfer or assign all or any part of your rights and obligations under this Agreement or your Service without our prior written approval The benefits conferred pursuant to this Agreement are intended solely for you and Cricket and there are not third party beneficiaries to this Agreement d Cricket may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you Upon its transfer or assignment of this Agreement Cricket shall be released from all liability with respect to this Agreement e This Agreement is not for the benefit of any third parties except our parent and subsidiary corporations and any person or entity to whom we transfer or assign this Agreement 23 Choice of Law and Severability a This Agreement shall be interpreted under 1 the laws of the state in which your Cricket amp service area is located other than its laws about choosing what state laws applies in interpreting a contract 2 applicable federal laws and 3 applicable tariffs If your Cricket service area is located in more than one state the law of the state in which the majority of the service area is located shall be used fo
16. By WSCA PA 1 doc Click Here to Return to Agenda Name Title Title Date Date APPROVED AS TO FORM STANISLAUS GOUNTY COUNSEL BY John P Doe hg Assistant County Counsel WSCA PA1 doc Click Here to Return to Agenda T WESTERN STATES CONTRACTING ALLIANCE A Brief History The Western States Contracting Alliance WSCA is a buying consortium of 15 states WSCA issued an RFP for Wireless Services on behalf of several States participating in a cooperative purchasing alliance They have normalized many of the legal differences between states so that one purchasing contract The Master Price Agreement can be used in many states WSCA s initial success has been in computer hardware In 2000 WSCA processed almost 1Billion in computer hardware sales to participating agencies through their alliance There are 15 primary states and 14 others that have buy agreements through WSCA Each state that accepts the terms of the Master Agreement and wants the benefits of the WSCA negotiated pricing will sign a Participating Addendum For more information on WSCA log on to www state nm us spd and click on the WSCA link The contract term is 5 years AT amp T Wireless was awarded in June 2001 It is 3 initial years with 2 option years This is the period the contract is in effect The individual subscription term is 1 year The Offer Equipment Pricing and Discounts AT amp T Wireless will apply a 50 discount ag
17. Denied 31 Approved as amended 4 ___ Other MOTION 1010 08 ATTEST File No APPROVAT O HE REVISED STANISLAUS COUNTY TELECOMMUNICATIONS POLICY AND APPROVAL OF NEGOTIATED CONTRACTS WITH MOBILE PHONE VENDORS PAGE 2 FISCAL IMPACT CON T County is paying 4 5 million a year to provide telecommunications to 4500 staff This is 1 000 per year per employee By having just one phone per employee standard rate plans averaging 50 per month and reducing central costs it is expected that the County s total telecommunications costs will be reduced to approximately 3 0 million per year This is a 1 5 million annual saving while increasing access and flexibility at the same time The new and revised contracts with the mobile phone vendors will implement new more cost effective plans and streamline the billing process Departments will receive their bills directly and will have the information to improve the management of their telecommunications costs DISCUSSION A Request for Proposal RFP was initiated by the County in July 2002 which has involved extensive negotiations with all of the telecommunications vendors as well as an analysis of current mobile phone and desk phone use The implementation of the results of the RFP has required a revision of the County s telecommunications policy The revised Telecommunications Policy developed by County departments with the CEO s office addresses the management and accoun
18. ENDUM FOR UNDER THE WESTERN STATES CONTRACTING ALLIANCE WIRELESS COMMUNICATION SERVICES AND EQUIPMENT MASTER PRICE AGREEMENT 10 00115 1 Scope Unless otherwise defined all capitalized terms in this Participating Addendum shall have the meanings ascribed to them in the Western States Contracting Alliance Wireless Communication Services and Equipment Master Price Agreement 10 00115 the WSCA Master Agreement The following are authorized Purchasing Entities under this Participating Addendum Replace these instructions with a brief description of the jurisdiction of the governmental entity signing this addendum For example the jurisdiction of a state may include all state agencies universities public schools and political subdivisions of the state The jurisdiction of a political subdivision such as a county generally includes all governmental entities within the county 2 Changes Insert changes that clarify the operation of the WSCA Master Agreement or are otherwise mandated by the Participating Entity s applicable statutes and or regulations If no changes are agreed upon by the parties include a statement that no changes are required 3 Lease Agreements NONE 4 Primary Contact Participating Entity s primary contact for this Participating Addendum is Name Address Telephone Fax E mail 5 Subcontractors The following subcontractor s are authorized to perform services NONE 6 Price Agreement Numb
19. EOF INCLUDING WITHOUT LIMITATION ANY SOFTWARE TOOLS GRAPHICS DESIGNS LOOK AND FEEL FEATURES FORM FORMAT INFORMATION AND CONTENT ARE PROVIDED TO CUSTOMER AS IS WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED AWS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Stanislaus County 032301 cda final 8 Additional Limitation of Liability AWS will not be liable for any delays in providing information on Extranet or any failure of such web site Notwithstanding anything to the contrary in 88 of the General Terms and Conditions Customer s sole and exclusive remedy for any damages losses claims costs and expenses arising out of or relating to Extranet will be the termination of Customer s access to Extranet 9 Trademarks Each party understands and acknowledges that the rights to use all service marks trademarks and trade names collectively Marks of the other party now owned or hereafter acquired are the property of the other party and each party will not use any of the other party s Marks without the other party s specific prior written approval Each party will comply with all rules and procedures collectively the Rules pertaining to the other party s Marks prescribed by the other party from time to time Any use which any party will make of the other party s Marks will inure to the benefit of the other part
20. Fs HE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS CHIEF EXECUTIVE OFFICE SUMMARY DEPT BOARD AGENDA 3 19 Urgent Routine AGENDA DATE __ Aveust 19 2003 CEO Concurs with Recommendation 4 5 Vote Required YES NO Informatioft Attached SA ESN APPROVAL OF THE REVISED STANISLAUS COUNTY TELECOMMUNICATIONS POLICY AND APPROVAL OF NEGOTIATED CONTRACTS WITH MOBILE PHONE VENDORS STAFF RECOMMEN DATIONS 1 APPROVE THE REVISED TELECOMMUNICATIONS POLICY 2 AUTHORIZE THE INTERIM CHIEF EXECUTIVE OFFICER TO SIGN THE NEGOTIATED CONTRACTS WITH THE MOBILE PHONE VENDORS FISCAL IMPACT The revised Telecommunications Policy will reduce telecommunications costs and improve access The appropriate use of mobile phones allows for staff efficiency and improves customer service As a result labor cost can be better managed along with productivity Continued Page 2 BOARD ACTION AS FoLLows 7 No 2003 799 On motion of Supervisor ___________________ Seconded by Supervisor ____ Mayfield and approved by the following vote Ayes Supervisors Paul Mayfield Grover Caruso and Chairman Simon _____ Excused or Absent Supervisors _ Abstaining 8 _ 1 X Approved as recommended 2
21. HRS 800 Scenic Drive Marginal Coverage Will install COW to improve in building coverage based on a minimum of 150 subscribers in that facility Animal Services 2846 Finch Rd Good Coverage SBHC 1501 Claus Rd Good Coverage Building E will install a repeater to improve coverage based on a minimum of 100 subscribers in that facility All other buildings have good coverage 251 Hackett Marginal Coverage Will install in building solution to provide coverage throughout facility based on a minimum of 300 subscribers in that facility Sheriff s 250 Hackett Marginal Coverage Will install antenna on roof of 251 Hackett and point at Sheriff facility based on a minimum of 50 subscribers in that facility 153 Broadway Turlock Good Coverage 1920 Memorial Drive Ceres Good Coverage 07 30 03 9 Click Here to Return to Agenda If Contractor installs telecommunications equipment on Stanislaus property Stanislaus will not charge Contractor any rent during the term of this Agreement If this Agreement is not renewed or extended Contractor will be allowed adequate amount of time to enter into a lease with Stanislaus or to relocate Contractor s equipment 07 30 03 10 Click Here to Return to Agenda EXHIBIT D continued Cricket service area i Phone will nat work in these aroas Se Vice area 7S Pat o quarattee of Covel 07 30 03
22. Here to Return to Agenda AT amp T WIRELESS SERVICES CORPORATE DIGITAL ADVANTAGE AGREEMENT Stanislaus County of 209 525 5800 Customer Legal Name Customer D B A Main Telephone Number 1021 T Street 3 Floor Modesto CA 95354 Street Address City State ZIP Code Agnes Amerine 209 525 5800 Primary Contact Primary Contact Telephone Number Check one Corporation C Partnership J Limited Liability Company Partnership State of Formation CALIFORNIA Term The Agreement is for an initial term beginning on 2001 the Effective Date and continuing for a period of X Two 2 years Three 3 years L Four 4 years Five 5 years At the end of this initial term the Agreement will automatically renew for successive one 1 year terms unless either party gives the other party notice of its intent not to renew at least ninety 90 days prior to the end of the then current term Any year of the term including any renewal year is referred to as a Term Year Agreement This AT amp T Wireless Services Corporate Digital Advantage Agreement between Customer on behalf of itself and as agent for its Affiliates and AWS National Accounts LLC AWS on behalf of itself and as agent for companies who operate commercial mobile radio telecommunications systems in the geographic areas covered by the Agreement Carriers consists of this Cover Page the attached AT amp T Corporate Digital Advantage Program Description the P
23. ICE INCLUDING ANY FAILURE TO COMPLETE CALLS INCLUDING 911 CALLS OR FOR DROPPED OR INTERRUPTED CALLS 2 FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU OR BY ANY THIRD PARTY WHETHER INTENTIONAL OR NOT OR BY OTHER THINGS WE DO NOT CONTROL OR BY AN ACT OF GOD OR NATURAL DISASTER g Cricket s maximum liability to you for any interruption or failure of Service is limited solely to Cricket providing you with a credit for any continuous Service interruption that lasts for more than 24 hours The credit will equal 1 30 of your monthly service charge for the interrupted Service for each continuous 24 hour period that Service remains interrupted after the Service interruption begins In calculating any credit owed to you we will treat the interruption as starting when it is reported to or detected by Cricket whichever occurs first The total credits owed to you for interruptions during any monthly service period may never be greater than your monthly service charge for that period Cricket will have no liability to you and will not have to issue you a credit if 1 your negligence or intentional misconduct caused the Service interruption 2 the Service interruption resulted from a failure of equipment or service not provided by Cricket or 3 Cricket acted upon a written or verbal request to suspend or terminate your Service h By using the Service s you agree that the remedies provided under this Agreement are exclusive and you waive your right
24. ainst the current MAP price subject that the total adjusted price is not less than 0 00 The equipment pricing structure offers the WSCA participants a 25 100 savings depending on the handset chosen Accessories receive a 2596 discount er ree MM SEMEN Subscription Airtime Discounts AWS is offering the WSCA participants more value in our rate plans This is accomplished by including the CDA 15 more minutes and an additional 200 anytime minutes above and beyond the normal minutes included in AT amp T Wireless standard service offerings Under the WSCA contract AWS has included an additional 200 minutes on the Regional Advantage and Digital Advantage service plans with a Monthly Recurring Charge MRC of Click Here to Return to Agenda 39 99 and higher for the life of the contract The Digital One Rate plans and Group Calling Plans do not receive the 200 minute bolt on The combined additional minutes offer the WSCA participants anywhere from 2596 65 more minutes over AT amp T Wireless commercial rates For clarification purposes WSCA customers have the ability to choose one of the special WSCA rate plans discussed above but will not have the ability to add a current voice promotion to those plans If the WSCA customer decides that a current voice promotion is more advantageous they may choose that promotion with the corresponding eligible rate plans in lieu of the WSCA bolt on
25. al Responsibility Users must follow the activation procedures and processes established by AWS from time to time In AWS Markets such procedures and processes may require Sponsorship Program activations to occur through designated AWS sales channels and events 5 3 Sponsorship Program Features Subject to Customer s continued compliance with the Agreement a Individual Responsibility Users may choose from any rate plan available to Customer within each AWS Market provided they qualify for the chosen rate plan b Individual Responsibility Users will receive the Equipment pricing set forth in 4 above c Service Revenue incurred by Individual Responsibility Users will contribute to Customer s MAC subject to 3 above d Individual Responsibility Users will receive Service Discounts which will be applied to their monthly invoices subject to 3 above and e Individual Responsibility Users and their usage contribute to Customer s AT amp T Corporate Digital Advantage program eligibility requirements 5 4 WIN Advantage Exclusion Individual Responsibility Users account information will not be included in WIN Advantage as defined in 6 below 5 5 Customer s Representation and Warranty Customer represents and warrants that all Individual Responsibility Users are current W 2 employees of Customer or its Affiliates Stanislaus County 032301 cda final 3 Click Her to Return to Agenda 5 6 Marketing Assistance Customer will participate w
26. amp phone and are not allowed to forward sublicense or disseminate any Ringtones Graphics or Picture Messages in any other way or to any other phone or device except for the transfer of Picture Messages as part of a permissible SMS text message Any such transfer of a Ringtone Graphic or Picture Message is a violation of these Terms and Conditions and may constitute a violation of other laws or regulations such as U S Copyright laws a In order to download a Ringtone Graphic or Picture Message you must have a compatible Cricket phone Please consult the Cricket website and the user manual for your phone to determine if it is capable of downloading Ringtones Graphics and or Picture Messages The ability to receive text messages does not necessarily indicate the ability to receive Ringtones Graphic or Picture Messages b Ringtones Graphics and Picture Messages use up memory on your Cricket phone and each phone can only store a limited number of Ringtones Graphics or Picture Messages If you do not have sufficient memory available you may not be able to download and or save the Ringtone Graphic or Picture Message that you order Please consult the user manual for your phone to determine the amount of memory required to download Ringtones Graphics or Picture Messages how to delete material or otherwise free up memory on your phone and other information regarding the download saving and use of Ringtones Graphics and Picture Messages
27. an be routed for reception but allow for an individual s mobile number if desired Forwarding Calls Reception staff receiving calls will as always need to use judgement when deciding what steps to take when a callis received The following general process is suggested for both desk and mobile phones at the staff member s discretion unless it is an emergency 1 Notify caller prior to transferring that he or she may reach a voicemail 2 Transfer call if caller doesn t mind leaving a voicemail if recipient isn t available 3 Ifcaller would prefer to leave a message with reception e mail message to recipient Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 Management Responsibilities Each department will identify a telecommunications coordinator responsible to the department head to act as liaison with the vendors as well as to ensure billing accuracy that inventory is well managed and surplus lines are disconnected This role may only require a few hours a month for a small department Each department will inform staff who their telecommunication coordinator is Procedures Phones will be issued to staff only after the Phone Requisition and Assignment form attached has been completed and senior management in each department has approved it Upon receipt of the phone staff will sign the Receipt of Phone and Acknowledgement form attached which includes the County usage policy The appro
28. anagement and a review of the rate plans List of Land Lines A list of active landlines should be maintained on an ongoing basis with unused lines being immediately disconnected to ensure accurate usage cost efficiency and appropriate billing Inventory of Mobile Phones Mobile phones and accessories should be tracked on an ongoing basis to ensure accurate usage and appropriate billing Attachments Receipt of Mobile Phone and Acknowledgement Phone Requisition and Assignment Form Move Add or Change Form Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 RECEIPT OF PHONE AND ACKNOWLEDGEMENT I the undersigned acknowledge that the phone being issued to me is for Official County business use only Furthermore my signature indicates that I have read and understood the County s policy on phone use Personal Phone Calls Abuse of the phone refers to non business use of equipment as defined in the Telecom Policy updated August 2003 and includes misuse of County paid staff time It includes for example unauthorized long distance personal calls or loss of staff productivity of ongoing repeated personal calls even locally County policy does provide for limited brief personal calls by staff to their homes to check on family members notifying family of the need to work late and scheduling a doctor and dentist appointment Be aware that this also applies to incoming personal calls regardless
29. antage in the operation of a service bureau d sell license publish display distribute or otherwise transfer WIN Advantage or any copy thereof in whole or in part to a third party nor e export WIN Advantage outside of the United States without AWS prior written consent 2 4 Compact Discs and Copies At no charge Customer will receive one 1 WIN Advantage compact disc per month for each of its Foundation Account Numbers Upon Customer s request AWS will provide Customer additional Stanislaus County 032301 cda final WIN Advantage compact discs for Customer s current or prior month s information for 25 each Customer solely to enable it to use WIN Advantage may make one archival copy of WIN Advantage as part of its usual software back up procedures Customer will have no other right to copy WIN Advantage Any copies of WIN Advantage made by Customer are the exclusive property of AWS 2 5 Ownership Customer acknowledges and agrees that nothing in the Agreement conveys or provides Customer with an ownership interest in and to WIN Advantage and Customer agrees to make no claim of ownership in and to WIN Advantage 2 6 Modifications and Reverse Engineering Customer acknowledges and agrees that only AWS will have the right to alter modify maintain enhance or otherwise modify WIN Advantage 3 Installation and Product Support 3 1 Initial Installation and Training Initial installation of WIN Advantage and up to fo
30. billing collection or fraud problems or other misuse or abuse of our wireless system b Services are generally available within the operating range of our wireless system in your service area The Services we provide you depend on over the air radio transmissions As a result many factors can affect your ability to make and receive calls on your wireless phone and the quality of those calls These factors include your location the conditions of the atmosphere the terrain nearby buildings and other structures In addition there may be times when you cannot make calls you have difficulty making calls on our system or your calls are interrupted This may occur in response to suspected fraud abuse misuse of the network hacking or viruses or because 1 the number of calls being made or received exceeds the capacity of a part of our system 2 a portion of our system breaks or fails to operate as expected 3 a problem occurs with service we purchase from someone else 4 we are improving our system or performing maintenance work 5 an accident occurs or 6 events occur that are outside of our control At such times Service including calls or attempted calls to emergency services like 911 may be interrupted or fail and or the quality of calls may be poor In some severe cases service to a geographic area may be eliminated altogether c Any statements by Cricket its employees representatives or agents about the coverage of our system ar
31. called tariffs and other laws may also govern our provision of Services to you If this Agreement conflicts with any applicable law or tariff the law or tariff shall control This Agreement replaces and supersedes all previous versions of the Terms and Conditions of Service Because these Terms and Conditions of Service may change from time to time please visit us at our official website www mycricket com or visit one of our retail stores for the most current version b IMPORTANT WHEN YOU START SERVICE OR PLACE ANY CALL ON OUR WIRELESS SYSTEM YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT IN ADDITION EACH TIME YOU PAY FOR SERVICE FROM US YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT IF YOU DISAGREE WITH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT YOU DO NOT HAVE TO ACCEPT THE AGREEMENT IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT DO NOT START SERVICE OR PLACE ANY CALLS ON OUR WIRELESS SYSTEM AND RETURN YOUR PHONE UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES TO THE STORE WHERE PURCHASED WITHIN THE RETURN PERIOD SET BY THAT STORE 2 a Scope of Service Cricket reserves the right to manage our wireless systems and the use of our Services As a result we may deny a request for Service from any customer or potential customer for any lawful reason In addition we may block access to certain categories of numbers for example 976 and 900 numbers or certain web sites if in our discretion we are experiencing
32. d to growing with you and providing wireless solutions for your voice and data needs along the way Sincerely Mike Tallman Brad Muncer Major Account Manager Business Sales Manager Mike Flanagan Director Business Sales o8 3O9Vd lt I 1 31 81 G6856Tl 0 EG T 98 27 82 20 98 i Click Here to Return to Agenda SERVICES AGREEMENT BETWEEN CRICKET COMMUNICATIONS INC AND STANISLAUS COUNTY RFI No 02 32 JMT This Agreement the Agreement is entered into as of July 31 2003 the Effective Date between Cricket Communications Inc Contractor a corporation organized and existing under the laws of the State of Delaware and Stanislaus County Stanislaus a municipality existing under the laws of the State of California Contractor and Stanislaus for the considerations hereinafter named agree as follows 1 SCOPE OF AGREEMENT Stanislaus hereby engages Contractor to provide the services described in Exhibit A hereinafter the the products described in Exhibit B hereinafter the Products under the terms and conditions of Exhibit C within the coverage area described in Exhibit D hereinafter the Coverage Area all of the above Exhibits attached hereto and incorporated herein 2 TERM OF AGREEMENT This Agreement shall become effective on the Effective Date and shall continue in effect for three 3 years 3 PRICING AND PAYMENT Prices for the Services and Products and the pa
33. dates must remain the same for all phone bills in each Stanislaus department e Hard copy of bills will be set up and sent monthly to each Stanislaus department A combined CD bill for all departments will be sent monthly to Stanislaus County Strategic Business Technology Dept 801 11th Street 4th Floor Modesto CA 95354 07 30 03 Click Here to Return to Agenda EXHIBIT C continued Standard terms and conditions of Service cricket communications 4 Terms and Conditions of Service 1 a This is An Important Agreement Regarding the Services We Provide to You These Terms and Conditions of Service constitute an important agreement Agreement between you and Cricket Communications Inc Cricket which conducts business under the name Cricket Wireless Inc in Pennsylvania PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY This Agreement governs our relationship with you and with any other person that you allow to use or that uses your Cricket phone or any of our wireless service s Service or It explains our respective legal rights concerning prohibited uses billing and payment dispute resolution starting and ending service fees limitations of liability and other important topics This Agreement also includes by this reference any terms and conditions applicable to the Service s that you select as described in any of our product brochure s In addition certain regulatory filings
34. e additional long distance minutes from Cricket or 2 permit you to make additional long distance and or directory assistance calls but charge you at the then prevailing rate for all such calls Cricket may provide you with notice through SMS message or otherwise when your long distance minutes are nearly expired 5 Changes to Agreement or Rate Plan We may change this Agreement your Rate Plan and any applicable tariff at any time Any changes to this Agreement are effective when we publish the revised terms and conditions or otherwise give you notice of such changes Increases or decreases in State and Federal taxes Universal Service Fees and other government assessments fees and surcharges that we include on your bill are not considered a rate change by Cricket IF CRICKET INCREASES YOUR SERVICE RATES OR MATERIALLY ALTERS THE FEATURES OR SERVICES INCLUDED WITH YOUR RATE PLAN YOU MAY TERMINATE SERVICE WITHIN THIRTY 30 DAYS OF THE DATE THAT WE SEND YOU NOTICE OF SUCH EVENT WITHOUT INCURRING AN EARLY TERMINATION FEE Otherwise you agree to changes to this Agreement and your Rate Plan if you use our Service or make a payment to us after we notify you of the changes 6 Safe Use Always use your phone in a safe manner that does not create a risk to your safety or the safety of others around you For example it can be dangerous for you to engage in stressful or emotional conversations on your wireless phone or otherwise become distracted while driv
35. e extra additional minutes are costly Usage can be monitored through review of the monthly bill or the mobile phone itself to determine if a higher cost higher usage plan is needed The following guidelines have been created to assist in determining what option is the most efficient for each employee Clearly the most cost effective device and plan shall be selected to meet individual staff requirements to communicate with customers both internal and external Desk phone Cost effective when staff stays at their desk most of the time and has no need for a mobile phone due to their assignment As contact with staff can only be made when they are at their desk be aware of the business impact of not being able to reach them if they are away from their desk for long periods Mobile phone Cost effective when staff is away from their desk working with clients traveling or their job function requires mobile access If this option is Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 selected this should be their only phone Various approved vendors offer options for either local coverage or for a wider roaming area The Mobile Phone Requisition is designed to determine the most appropriate plan for the specific needs of the individual staff Guidelines for the Selection of Mobile Phone and Plans The County has worked diligently to select vendors that will provide the high level of customer service requ
36. e only intended to describe approximately Cricket s coverage in your service area You should not interpret any such statement to mean that Service will be available without interruption in your service area d You agree to provide us with any information we reasonably request to help us manage the Service or to determine if you qualify for Service and are using the Service according to this Agreement 3 Privacy Our privacy policy describes our privacy practices The policy as amended from time to time can be found at our official web site www mycricket com We encourage you to learn about our privacy practices and to regularly check the official web site for updates 07 30 03 1 Click Here to Return to Agenda 4 Rate Plan a We determine what types of Service and rate plans Rate Plans we offer to you We may offer different Services and different Rate Plan s to different people and entities Services offered under some Rate Plans may be more limited than those offered under other Rate Plans Rate Plans may also vary by the local market in which Service is offered The Services and Rate Plan you select determine the charges you have to pay for Services The Rate Plan you select will be your Rate Plan until that Rate Plan is modified you switch to a different Rate Plan if we offer other Rate Plans to you or your Service is terminated You may be required to make deposits or advance payments pay certain fees or agree to maintain se
37. eement without incurring the Termination Charge by providing AWS thirty 30 days prior written notice of such termination within thirty 30 days of the effective date of the Service Area deletion provided however that this 6 2 will not apply to the deletion of the Houston Texas Affiliate Market 11 Incorporation of Agreement The terms conditions and defined terms set forth in all documents comprising the Agreement including without limitation the Cover Page this Program Description together with any attachments thereto and the General Terms and Conditions apply throughout all such documents Stanislaus County 032301 cda final 4 Click Hete to Return to Agenda AT amp T WIRELESS SERVICES CORPORATE DIGITAL ADVANTAGE AGREEMENT AFFILIATE MARKETS ATTACHMENT 1 Coordination with Affiliated Carriers AWS will coordinate the provision of Voice Service and Numbers from Carriers in Affiliate Markets subject to Customer s continued compliance with 2 of the Program Description and this Attachment Wireless Data Service is not available to Customer in Affiliate Markets 2 Documentation and Service Agreements In order to receive Numbers and Voice Service from Carriers in Affiliate Markets Customer Corporate Responsibility Users and or Individual Responsibility Users may be required to enter into separate service agreements with each such Carrier If there is any conflict between the terms of the Agreement and such Carrier s service ag
38. efined in 3 4 1 below Service Revenue of at least 45 000 per Term Year If Customer fails to achieve this revenue requirement in any Term Year Customer will pay to AWS the difference between this revenue requirement and the amount that Customer actually paid for Service usage in such Term Year 3 Service Discount Subject to Customer s continued program eligibility AWS will provide Customer with discount the Service Discount based upon its minimum annual commitment of Service Revenue MAC in accordance with the table set forth below Customer s MAC is set forth on the Cover Page The Service Discount will be applied to Customer s Qualified Charges AWS may restrict certain rate plans or certain other discount programs from either contributing to Customer s MAC or qualifying for the Service Discount or both AWS will advise Customer when such restrictions apply Discount Discount Discount 45 000 1 100 000 4 700 000 12 100 000 1 600 000 6 000 000 13 200 000 2 200 000 9 8 000 000 14 3 1 MAC Modification Customer may modify its MAC after each Term Year Any such modification is subject to AWS consent which will not be unreasonably withheld and the parties will memorialize the modification in a signed writing Customer must notify AWS of its desire to modify the MAC within thirty 30 days after each Term Year however the authorized modification will become effective as of the first day of the then current Term Year
39. eive Service under Customer s account Corporate Responsibility Users or b receive Service under individual accounts in accordance with the Employee Sponsorship Program described herein Individual Responsibility Users Service includes wireless voice telecommunications services Voice Service and cellular digital packet data services Wireless Data Service 2 AT amp T Corporate Digital Advantage Program Eligibility Requirements Customer must at all times meet the following program eligibility requirements throughout the term of the Agreement in AWS Markets For the purpose of determining Customer s continued eligibility AWS may review Customer s activity under the Agreement at any time 2 1 Minimum Employee Requirement Customer must have a subscription level of at least fifty 50 separate Corporate Responsibility Users and or Individual Responsibility Users If AWS reasonably determines that Customer together with its Affiliates will not achieve this subscription level within ninety 90 days of the date of the Agreement or will not maintain this subscription level during the term of the Agreement then Customer will be in default under 6 1 of the General Terms and Conditions provided however that for purposes of breach of this section only AWS notice period will be sixty 60 days 2 2 Minimum Revenue Requirement Customer must use a volume of Service such that AWS will realize service revenue for Qualified Charges as d
40. ent to amounts due to such third party service providers e You have the right to dispute charges on your bill but you must notify us of the dispute within 60 days after the billing date or you waive the dispute Even if you have a dispute with us you have to pay all charges on time until the dispute is resolved f We may charge you additional fees up to the maximum amount permitted by law for i any check or other negotiable instrument returned unpaid by a financial institution for any reason and ii any credit card or check payment made to your account that is disputed by the holder of the credit card or checking account as fraudulent or improper g We may elect to provide you with your bill information through internet access to Cricket s website SMS messages to your Cricket phone or other methods as an alternative to a paper bill delivered in the mail We may also offer you the option to discontinue receipt of a paper bill in the mail and may impose a fee for the delivery of a paper bill to you 11 Long Distance Directory Assistance and Other Optional Prepaid Services a You must pay in advance for access to Cricket s long distance directory assistance and other optional Services not included in your Rate Plan You may purchase access to minutes of long distance directory assistance Service and other optional Services we offer on a prepaid basis by dialing PAY on your Cricket amp phone and charging your purchase to your credit card
41. er All Purchase Orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include WSCA Master Agreement number 10 00115 7 Purchase Orders All Purchasing Entities issuing valid Purchase Orders will be bound by the terms and conditions of the WSCA Master Agreement including without limitation the obligation to pay Contractor for Service and Equipment provided The parties acknowledge and agree that orders submitted to Contractor from a Purchasing Entity through the Purchasing Entity s Business Procurement Card are authorized Purchase Orders under the WSCA Master Agreement 8 Order of Precedence The parties acknowledge and agree that a In the event of a conflict between the terms contained in the WSCA Master Agreement and this Participating Addendum the terms and conditions of this Participating Addendum will control as between Contractor and the Participating Entity and b This 8 specifically supercedes 5 of the WSCA Master Agreement This Participating Addendum and the WSCA Master Agreement together with its exhibits set forth the entire agreement between the parties with respect to the subject matter of all previous communications representations or agreements whether oral or written with respect to the subject matter hereof Terms and conditions inconsistent with contrary or in addition to the terms and conditions of this Participating Addendum and the WSCA Master Agreement together with its
42. ere less than this Click Here to to IE REVISED STANISLAUS COUNTY TELECOMMUNICATIONS POLICY AND APPROVAL OF NEGOTIATED CONTRACTS WITH MOBILE PHONE VENDORS One of the challenges in the RFP was to persuade the vendors to offer cost efficient fixed rate plans to make billing simple and to make over use more obvious All of the vendors now offer fixed rate plans which will result in lower monthly costs for many staff The personal mobile phone marketplace is extremely competitive but the new County plans include such things as free phones some replacement phones every year and additional benefits such as discounts on accessories Verizon offers the County discount of 19 off any personal plan advertised which makes them very competitive The proposed Telecommunication Policy addresses personal use of mobile and desk phones Apart from very limited personal calls staff shall make their own arrangements for their private mobile phone use Each employee receiving a County mobile phone shall sign an agreement to ensure the personal use policy is understood and accepted There are many changes occurring in the telecommunications industry Coverage continues to improve radio is becoming more available due to the patent held by Nextel expiring and mobile data speeds are increasing Teams working closely together will benefit from the increased competition in the use lower pricing and coverage of the radio capability M
43. ered or approved by Cricket the Service may only be used for voice communications and may not be used with automatic number dialers or to transmit or knowingly receive data not authorized by Cricket You may not resell the Service or use the Service in any manner or for any purpose that contradicts the terms of this Agreement 8 Charges a You are responsible to pay all charges for Service including the following 1 recurring monthly access charges for each monthly billing period in which you had access to the Service for all or any portion of that billing period 2 optional Service features selected by you and for which separate charges apply including long distance and directory assistance 411 calis 3 charges for adding multiple phones to the same account if such charges apply 4 any Service activation reinstatement reconnection administrative termination or other charges that may apply 5 all third party charges that you have authorized 6 all applicable taxes and 7 regulatory charges including regulatory charges imposed in connection with Cricket s provision of the Service s b For Rate Plans that include per minute airtime access charges like long distance the length of your call will be rounded up to the nearest minute and applied against the services you have purchased Charges for a completed long distance call from your wireless phone will begin when you press the SEND key and will end when either party ends the cal
44. exhibits shall not be added to or incorporated into this Participating Addendum or the WSCA Master Agreement and its exhibits by any subsequent Purchase Order or otherwise and any such attempts to add or incorporate such terms and conditions are hereby rejected The terms and conditions of this Participating Addendum and the WSCA Master Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms IN WITNESS WHEREOF the parties have executed this Participating Addendum as of the date of execution by both parties below Participating Entity Contractor AWS National Accounts LLC By By Name Name Title Title Date Date APPROVED AS TO FORM WSCA PA August 2002 do muNTY_COUNSEL BY z cL gt Click Here to Return to Agenda FOR PARTICIPATING ADDENDUM UNDER THE WESTERN STATES CONTRACTING ALLIANCE WIRELESS COMMUNICATION SERVICES AND EQUIPMENT MASTER PRICE AGREEMENT 10 00115 1 Scope Unless otherwise defined all capitalized terms in this Participating Addendum shall have the meanings ascribed to them in the Western States Contracting Alliance Wireless Communication Services and Equipment Master Price Agreement 10 00115 the WSCA Master Agreement The following are authorized Purchasing Entities under this Participating Addendum Replace these instructions with a brief description of the jurisdiction of the governmental entity signing this addendum For examp
45. f Liability Mutual Waivers and Indemnities a YOU AND WE ARE WAIVING IMPORTANT RIGHTS IN THIS SECTION TO THE FULLEST EXTENT ALLOWED BY LAW b YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO A REFUND OR CREDIT OF CHARGES YOU OWED TO US FOR SERVICES FOR THE MONTHLY SERVICE PERIOD IN WHICH THE LIABILTY AROSE WE AGREE YOUR MAXIMUM LIABILITY TO US IS LIMITED TO CHARGES YOU OWE US ANY ACTUAL DAMAGES YOU INTENTIONALLY CAUSE TO OUR BUSINESS OR PROPERTY AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR WIRELESS PHONE OR THE SERVICES YOU AND WE AGREE TO WAIVE ALL RIGHTS TO RECOVER 1 PUNITIVE DAMAGES AND 2 CONSEQUENTIAL INDIRECT AND SPECIAL DAMAGES WHETHER OR NOT ADVISED OF THE POSSIBLITY OF SUCH DAMAGES d YOU AND WE ALSO AGREE NOT TO MAKE AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY CLAIM FOR EQUITABLE RELIEF INCLUDING A REQUEST FOR AN INJUNCTION OTHER THAN TO PROTECT ANY PATENTS COPYRIGHTS TRADEMARKS OR TRADE SECRETS OR TO PREVENT ABUSIVE FRAUDULENT OR ILLEGAL USE OF A WIRELESS PHONE A TELEPHONE NUMBER OR OUR SYSTEM e YOU AGREE TO INDEMNIFY US OUR EMPLOYEES AND AGENTS FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF USE OF YOUR WIRELESS PHONE OR THE USE OF SERVICES WITH YOUR PHONE f EXCEPT FOR CREDITS FOR INTERRUPTED OR FAILED SERVICE WHICH ARE DESCRIBED IN THE FOLLOWING PARAGRAPH WE SHALL NOT BE LIABLE TO YOU 1 FOR INTERRUPTION OR FAILURE OF SERV
46. for the accuracy or timing of billing information from Carriers in Affiliate Markets 7 Corporate Invoicing If Customer chooses Corporate Invoicing under 7 1 of the Program Description AWS will include in Customer s invoice bills for Voice Service usage from Carriers in Affiliate Markets subject to the participation and cooperation of such Carriers Customer authorizes AWS to receive bills for Voice Service usage directly from Carriers in Affiliate Markets and will direct such Carriers to send those bills to AWS Customer requests and authorizes AWS to pay and or settle all current charges set forth on such bills directly to or with the Carriers in Affiliate Markets Customer acknowledges and agrees that AWS is only a consolidator of invoices and is not responsible for the accuracy or timing of Voice Service usage bills from Carriers in Affiliate Markets and that AWS is not liable for any damages resulting from late invoicing or late payment if AWS does not receive such bills on time Customer bears all responsibility for resolving local billing issues directly with Carriers in Affiliate Markets 8 Definition of Affiliate Markets Affiliate Markets means areas served by entities affiliated with AWS 9 Incorporation of Agreement The terms conditions and defined terms set forth in all documents comprising the Agreement including without limitation this Attachment the Cover Page the Program Description together with any addi
47. hone usage must be limited and must not compromise your driving ability and safety including the safety of those around you It is expected that staff will pull over and stop the vehicle if the phone call will compromise safety All staff must comply with State law Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 Use of Mobile Phones while Traveling on County Business Refer to the Travel policy Replacement Policy A County issued phone is considered to be County property and as such shall be treated with great care It is understood that events may occur in which a phone becomes damaged It is County policy that in the event that a County phone is damaged and must be replaced the individual may be held responsible for replacement cost if determined to be caused by negligent care or improper handling by staff This will be a department head decision Some replacement costs have been built into the contracts and will be taken into consideration when applying the above policy Type of Phone A number of standard models of mobile phones will be made available as part of the contracts and at no cost to the County for use by County staff Business requirements may dictate additional options or phone specifications to be approved by the department head County sourced phones remain the property of the County Business Cards It is recommended that all business cards list a phone number where calls c
48. igned to interfere with any other computer software or hardware or telecommunications equipment or any data transmission not authorized by Cricket 2 impersonate any other person including but not limited to a Cricket employee or otherwise act in a manner that negatively affects other participants 3 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via SMS 4 collect or store personal data about other users or 5 spam post or transmit any solicited or unsolicited advertising promotional materials or any other forms of solicitation In addition you agree to bear all risks associated with the use of SMS and any Content including any risks relating to your reliance on the accuracy completeness timeliness or usefulness of such Content 07 30 03 4 Click Here to Return to Agenda c You agree that Cricket may remove or block any Content that Cricket believes violates this Agreement or is otherwise objectionable d You agree that Cricket may terminate your Service may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such termination preservation or disclosure is reasonably necessary to 1 comply with legal process 2 enforce this Agreement 3 respond to claims that any Content violates the rights of third parties 4 protect the rights property or personal safety of Cricket its employees users and the public or 5
49. in accordance with this policy and to take appropriate action if a violation occurs This policy applies equally to County desk phones mobile phones two way radios and pagers and must be applied in a consistent manner Staff should be free to use County phones for County business any time Use on Vacation or on Other Extended Leaves Unless specifically approved on the Mobile Phone Requisition staff shall not use the County mobile phone line while on vacation The only use for carrying a County mobile phone while on vacation will be for the specific purpose of County business or if staff have the separate personal line Employees are generally expected to keep their phone at work when absent from the job for extended periods of time Mobile Phone Etiquette Mobile phones should be turned off or set to vibrate mode during meetings with rare exception As it is not considerate of meeting attendees to take a call during a meeting and it is inefficient business practice All interruptions should be kept to a minimum whenever possible Unless staff duties require access at all times phones should be answered during normal business hours the exception being during breaks and lunches Voice messages should be checked immediately upon return from a break lunch or meeting The mobile phone ring should be set at an appropriate level to avoid disturbing co workers Use in a Vehicle If you are on County business and driving a vehicle mobile p
50. ing Be aware of and comply with the laws that apply to you when you are driving Become familiar with your phone and its features When possible use a device that allows you to talk on your phone without holding it when you are driving These devices are often called hands free devices If you need to make or answer a call while driving and are experiencing heavy traffic or bad weather conditions park your vehicle in a safe area before making or answering the call Do not take notes look up phone numbers or engage in stressful or emotional phone conversations while driving 7 Prohibited Uses You must comply with all laws and regulations while using the Service The Service may not be used 1 for telemarketing commercial research commercial data collection or transmission sale or resale of Service i e selling bartering or trading to others the use of local long distance Service or SMS messaging on your Cricket phone or the operation of any telephone based business for example chat lines or fortune telling services 2 for any fraudulent illegal or abusive purpose or in a manner that interferes or causes problems with the operation of Cricket s wireless system or 3 continuously with or without breaks so as to create the functional equivalent of a telephone line dedicated to your use Except for short messaging 07 30 03 2 Click Here to Return to Agenda services SMS for text messages only and other Services expressly off
51. ired by the County on a cost effective basis As a result of these efforts the vendors on the Vendor Selection Chart and Guidelines have signed contracts with the County and now each department can select the plan most appropriate to their needs A number of the older plans currently in place are very cost effective and should be retained unless the vendors increase the cost Before switching any plans an assessment shall be made of any penalties or additional costs to determine if the switch is cost effective Personal Usage The County owns the phone the rates and the contracts which results in staff being liable for improper personal usage County policy does provide for limited brief personal calls by staff to their homes to check on family members notifying family of the need to work late and scheduling a doctor and dentist appointment Use for family emergencies and security will be allowed but 1f the emergency is ongoing it is expected that staff make departmental leadership aware of the situation Be aware that this also applies to incoming personal calls regardless of billing For staff that exceeds the brief personal calls outlined above other arrangements must be made separate from the County For staff who expect to exceed this limited personal use other arrangements must be made separate from the County This personal usage policy applies to desk phones as well as mobile phones Phone plans must be selected based on
52. ith AWS in efforts to obtain eligible employees subscription to the Sponsorship Program 6 Billing Services Subject to 87 3 below Customer will receive certain billing analysis tools using AT amp T Wireless Information Navigator Advantage software together with all updates and modifications thereto collectively WIN Advantage 7 Invoicing Options With respect to Service Customer will have the invoicing options set forth below Under either invoicing option Customer remains liable for all charges incurred under the Agreement regardless of whether such charges were incurred by Customer its Affiliates or their respective Corporate Responsibility Users 7 1 Corporate Invoicing Under corporate invoicing AWS will provide an invoice each month through WIN Advantage consolidating all Corporate Responsibility Users Voice Service and Wireless Data Service charges for the preceding monthly billing cycle Customer will promptly notify AWS of any Numbers to be added or deleted from Customer s invoice 7 2 Corporate Responsibility User Invoicing End User Invoicing Under End User Invoicing AWS will provide an invoice each month to Customer s Corporate Responsibility Users setting forth such Corporate Responsibility Users Voice Service and or Wireless Data Service charges for the preceding monthly billing cycle 73 Wireless Data Service Invoicing Limitations Customer acknowledges and agrees that to the extent Customer directs AWS t
53. l c If you activate a new phone on your account to replace a phone previously on the account or if you activate an account with equipment not provided by Cricket or an authorized Cricket dealer we may charge you a phone programming fee in connection with the activation of the new phone 9 Account Activity Credit Verification and Release of Information a We may take any action permitted by law that we believe is necessary to verify your identity age account activity or credit and we may take that action at any time Our actions may include 1 verification of your billing account and other personal information 2 review of your use of Services and of your account to confirm your compliance with this Agreement or to help assess the Services we provide and the performance of our systems and 3 ordering receiving and reviewing credit reports about you from any credit agency Upon request we will provide you with the name and address of any agency that gives us a credit report about you b You authorize us to share credit information about you with credit reporting agencies and to share information we gather about you as may be permitted by law including providing such information to third parties retained by Cricket to collect amounts that you owe Cricket We reserve the right to use information we gather about you and information provided by you for purposes of determining compliance with this Agreement and we reserve the right to den
54. l records or other details concerning your use of long distance directory assistance or other optional Services Cricket may impose a fee for such records in instances where applicable law requires disclosure or permits Cricket to disclose in its discretion 12 SMS Text Messaging a Cricket offers a short messaging Service text messaging or SMS for an additional fee which allows subscribers to send messages to some other subscribers both on and off the Cricket network The content of all messages sent or received through the SMS service Content is the sole responsibility of the person sending the message Since Cricket does not control the Content of messages sent to you by others you may be exposed to messages that are offensive indecent or objectionable You agree that you will not hold Cricket liable in any way for any message Content created or sent by others including any messages that contain errors or omissions You further consent to receiving advertising alerts and other broadcast messages from us or our authorized agents b If you a subscriber to Cricket s SMS Service you agree that you will not transmit or knowingly accept any communication or data that would violate any laws court order or regulation or would be offensive to the recipient You further agree that you will not to use Cricket s SMS service to 1 transmit or accept any material that contains a software virus or any other computer program des
55. le the jurisdiction of a state may include all state agencies universities public schools and political subdivisions of the state The jurisdiction of a political subdivision such as a county generally includes all governmental entities within the county 2 Changes Insert changes that clarify the operation of the WSCA Master Agreement or are otherwise mandated by the Participating Entity s ap plicable statutes and or regulations If no changes are agreed upon by the parties include a statement that no changes are required 3 Lease Agreements NONE 4 Primary Contact Participating Entity s primary co ntact for this Participating Addendum is Name Address Telephone Fax E mail 5 Subcontractors The following subcontractor s are authorized to perform services NONE 6 Price Agreement Number All Purchase Orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include WSCA Master Agreement number 10 00115 7 Purchase Orders All Purchasing Entities issuing valid Purchase Orders will be bound by the terms and conditions of the WSCA Master Agreement including without limitation the obligation to pay Contractor for Service and Equipment provided The parties acknowledge and agree that orders submitted to Contractor from a Purchasing Entity through the Purchasing Entity s Business Procurement Card are authorized Purchase Orders under the WSCA Master Agreement 8 Order of Precedence
56. lies to all staff including contract employees volunteers and all those working in any capacity for the County Departments shall issue and manage all phones cost effectively and efficiently ensuring that inventories landlines and billing are aligned with staffing changes and usage Staff are expected to adhere to departmental and County policies regarding phone use and shall acknowledge an understanding of these policies on the appropriate form prior to the actual assignment of any phone Purpose Phones may be assigned to designated staff to conduct County business and shall be utilized according to County policy Phones are tools to increase effectiveness efficiency and access for customers reducing response time as well as improving communications within the County Contractors will only be assigned County phones as part of their contract under the County telecom policy Types of Phones and Plans It is County policy that each employee should have access to a phone whether a desk phone or a mobile phone unless there is a specific reason approved by the Department Head to have both Before selecting a mobile plan it will be essential to establish actual usage based on experience and estimated job requirements for the individual employee It is recommended that the least expensive plan lowest amount of minutes closest to the identified usage be selected Care should be exercised when choosing a plan to ensure it is not too low as th
57. link to Extranet the Hyperlink provided that the Hyperlink will not result in any framing of Extranet Customer will provide an actual representation of the Hyperlink including without limitation any text icons graphics and design to AWS for its prior written approval 4 Access Restrictions Customer may only access the Extranet through the Hyperlink and will not access any information other than Service information through Extranet Customer may seek to restrict certain Service information for access by Customer s designated administrative employees only Additional restrictions including without limitation password requirements may be applicable for access to such additionally restricted information and Customer will ensure that only designated administrative employees will have access to such information Customer will ensure that employees of Customer and its Affiliates will comply with the access restrictions set forth in this 4 5 Privacy Although the law generally prohibits the unauthorized interception of and or access to electronic communication privacy cannot be guaranteed Customer agrees that AWS shall not be liable for any unauthorized interception of and or access to Extranet 6 Modification AWS may at any time and in its sole discretion modify enhance discontinue and or add to Extranet and any and all aspects thereof 7 No Warranty AT amp T EXTRANET ADVANTAGE AND ANY AND ALL ASPECTS THER
58. ly on the County s needs If the minutes on the plan are exceeded and there is unreasonable personal use identified the employee assigned to the phone will be held responsible to reimburse the County for personal calls and the employee may be subject to disciplinary action If staff decide they want to have a second line on their County phone for personal use billing on this line must be directed to their residence Staff must ensure they do not accidentally use the County line for personal calls and vice versa Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 If the needs of the County require the unlimited minutes plan and if the staff member is required to be accessible after hours staff may use the phone after hours for County business and for the limited personal use as defined in this policy It will be important to ensure the County minutes plan is not exceeded Inappropriate use of County phones constitutes grounds for discipline under Stanislaus County Code Section 3 28 010 Inappropriate use includes unauthorized non business use of phones and misuse of County paid time in the conduct of such calls It also includes unauthorized long distance personal calls and or loss of staff productivity because of ongoing repeated incoming and outgoing personal telephone calls Department heads have the authority and the responsibility to identify inappropriate personal use of County phones
59. mmunications Policy Updated August 19 2003 PHONE REQUISITION AND ASSIGNMENT FORM DATE NAME OF EMPLOYEE DEPARTMENT FUND amp ORG NO PROGRAM WHERE ASSIGNED USE OF PHONE Mark all those which apply Circle one Mobile Phone Desk Phone a Monday to Friday a 8amto 5pm a Nights and or Weekends a On call a Useonly within the County Occasional Long Distance in California Occasional Long Distance outside California Q Long distance Daily Weekly in California a LongDistance Daily Weekly in USA Q Required on Vacation Q Special Business Requirements for additional equipment a Shared with a Other DATE ACTION TAKEN NEW PHONE REQUESTED BY DATE Signature and Name of Manager APPROVED BY DATE Signature and Name of Senior Manager MOBILE PHONE RETURN RECEIVED SIGNATURE amp NAME DATE EMPLOYEE SIGNATURE amp NAME DATE Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 MOVE ADD OR CHANGE FORM Desk Phone DATE NAME OF EMPLOYEE DEPARTMENT CURRENT FUND amp ORG NO CURRENT PROGRAM WHERE ASSIGNED REQUIREMENT a MOVE a ADD a CHANGE NEW LOCATION NEW FUND amp ORG NO NEW PROGRAM WHERE ASSIGNED BUSINESS REQUIREMENT DATE ACTION TAKEN NEW PHONE If changed or new REQUESTED BY DATE Signature and Name of Manager APPROVED BY DATE Signature and Name of Senior Manager Click Here to Return to Agenda PARTICIPATING ADD
60. mplated by this provision This provision shall not constitute a waiver of any charges including MAC Service Discount Reconciliation charges incurred by the Customer prior to the time the parties mutually agree to amend or replace the Agreement 3 4 Limitation of Liability AWS is not liable for any damages resulting from any failure by AWS or its billing vendors to properly calculate and apply the Service Discount AWS and Customer will reconcile any miscalculation on the following month s invoice 3 5 Certain Other Definitions 3 5 1 Qualified Charges refers both for the purposes of determining the MAC and for determining the amounts against which the Service Discount is applied to the following undiscounted Voice Service charges and Wireless Data Service charges provided however that the Wireless Data Service charges must be invoiced together with the Voice Service charges in order to be deemed Qualified Charges a one time charges for Service activation and conversion b monthly wireless access charges c home wireless airtime charges d roaming airtime charges incurred by Numbers provisioned from AWS Markets while roaming in other AWS Markets e charges for detail billing f charges for tethering and g charges for additional wireless service features such as voice mail but excluding enhanced features such as directory assistance or fee based information services where AWS or Carrier pays a fee to a third party vendor for use
61. nter Court San Diego California 92121 Attn Legal Dept Fax 858 882 6080 Notices to Stanislaus shall be addressed to Stanislaus County Chief Information Officer CEO Office 1010 10th Street Suite 6800 Modesto CA 95354 Attn John Emerson Fax 209 567 4280 If a party changes its address during the terms hereof it shall so advise the other party in writing and any notice thereafter required to be given shall be sent according to the new information 10 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California and any action to enforce or interpret the provisions of this Agreement or the rights and obligations of the parties arising hereunder shall be maintained only in the courts of San Diego County California 11 ASSIGNMENT Stanislaus shall not assign any of its rights or obligations under this Agreement without the prior written consent of Contractor Contractor may assign its rights duties and obligations under this Agreement to any affiliates of Contractor in which Contractor or any of its affiliates has or will have any interest 12 WAIVER 07 30 03 3 Click Here to Return to Agenda 13 ENTIRE AGREEMENT This Agreement together with its Exhibits constitutes the entire agreement between Contractor and Stanislaus with respect to the subject matter hereof and shall not be amended or modified without specific written agreement to that effect signed by both parties No oral sta
62. o invoice Wireless Data Service charges separately from Voice Service charges the Wireless Data Service charges will not appear on WIN Advantage and will not contribute to Customer s MAC or receive the Service Discount 8 Termination Charge For termination of the Agreement by AWS pursuant to 6 1 of the General Terms and Conditions the Termination Charge will equal a 3 750 times the number of months remaining in the term as of the termination date plus b with respect to each Corporate Responsibility User who was active on Service for less than twelve months 25 times the number of months less than twelve during which such Corporate Responsibility User was active on Service as of the termination date 9 Customer s Representation and Warranty Customer represents and warrants that any of its Affiliates receiving Service under the Agreement meet and will continue to meet throughout the term of the Agreement the definition of Affiliate set forth in 16 of the General Terms and Conditions 10 Agreed Modifications to General Terms and Conditions AWS and Customer agree to the following modifications to specific sections of the General Terms and Conditions 10 1 Changes to Section 6 2 AWS and Customer agree that 6 2 is deleted and replaced with the following 6 2 Termination for Deletion of Service Area If the deletion of any Service Area materially reduces the Service provided to Customer hereunder Customer may terminate this Agr
63. o notify the provider of your phone replacement plan if you selected that coverage b You are responsible for all charges for Service provided to your Number until you notify us of a loss or theft We will promptly suspend Service to your Number once you notify us your phone has been lost or stolen You are still responsible for monthly Service charges incurred on your account prior to the time that you inform us that your phone has been lost or stolen We may require you to provide evidence of the loss or theft such as a police report or a sworn affidavit and to sign other documentation regarding the loss or theft that we deem necessary In addition we may require that you change your Number If the wireless phone is later found we may require that you exchange it for another one before we reactivate your Service s c Cricket offers optional phone replacement plan coverage for an additional charge If you selected or are provided with coverage under the phone replacement plan please note that it is provided and administered by a third party not Cricket We only provide you with 1 information about enrollment coverage premiums deductibles and co payments and ii 07 30 03 6 Click Here to Return to Agenda a convenient way to pay for coverage through your Cricket amp account If you want additional information or a summary of the coverage contact the provider at the number listed in your service package materials 19 Limitations o
64. obile data offers the County staff access to computer systems without being at the office This creates opportunities to improve business processes and to provide network backup in the event the main network was not available This backup facility may be critical during an emergency No new funding will be required as the contracts provide free mobile phones as part of the plan The telecommunications operational costs will be reduced Board Priorities Two Board priorities will be positively impacted by this policy change e Deliver excellent community services will be improved by providing more access to staff who are not at their desks on a continual basis e Promote efficient government operations will be improved by reducing telecommunications costs by a considerable amount The smaller departments which have already tested this policy and the concept of one phone have saved approximately 4096 of their previous telecommunications costs While this represents just a small number of County staff the impact of significant savings on the current total telecommunications budget of 4 5 million in annual costs should not be underestimated Click Here to Return to Agenda A OVAL OF THE REVISED STANISLAUS COUNTY TELECOMMUNICATIONS POLICY AND APPROVAL OF NEGOTIATED CONTRACTS WITH MOBILE PHONE VENDORS PAGE 4 Measures Of Success The following measures will define the success of this policy e Reduction in the overall telecommunicati
65. ons costs reflected in the monthly financial statements as being lower than current budget e Reduced mobile phone costs as there are now unlimited use plans and fixed rates This will also be reflected in the monthly financial statements e The elimination of the two phones will reduce the number of landlines circuits paid to the vendor which will reduce costs e The County s Telecommunication coordinators will review the effectiveness of this Policy prior to next year s budget process to measure results POLICY ISSUES The adoption of this Telecommunication Policy will promote efficiency in government operations and accountability STAFFING IMPACT There will be two areas impacted which are in the administration in each department and in the SBT telecommunications team The SBT team will not replace the two staff who worked on the monthly billing and are about to retire There will be some additional work by departmental staff as the billing will be sent directly to them from the vendors However due to the fixed rate plans management of the billing should be straightforward and not require additional staff at this time Click Here to Return to Agenda m Telecommunications Policy y Updated August 19 2003 Proposed Telecom Policy It is the policy of Stanislaus County that phones desk phones and mobile phones will be used to provide services to the County s customers and for internal efficiency This policy app
66. or in the event funds that once were appropriated are withdrawn by the governing body either of which significantly Stanislaus County 032301 cda final 2 Click Hefe to Return to Agenda reduces the volume of Service required by Customer with the result that Customer will be unable to meet its volume commitments under the Agreement notwithstanding Customer s best efforts to avoid such shortfall AWS and Customer will cooperate in efforts to develop a mutually agreeable alternative proposal that will satisfy the concerns of both parties and comply with all applicable legal and regulatory requirements If the parties reach mutual agreement on an alternative proposal the parties will sign a contractual amendment or replacement agreement to implement any mutually agreeable alternative proposal subject to all applicable legal and regulatory requirements Customer acknowledges and agrees that this provision shall not apply to any Service volume reduction resulting from i a decision by Customer to transfer some or all of its wireless usage or projected growth to carriers other than the Carriers or ii a decision by Customer other than a decision to engage in a corporate divestiture that materially affects Customer s ability to fulfill the requirements of the Agreement Customer will notify AWS in writing of any business downturn events or other conditions that it believes will necessitate the commencement of negotiations of the alternative proposal conte
67. or is through no fault of Stanislaus hereafter disclosed in publicly available sources of information 5 2 Return of Information In the event of any termination expiration or upon request by Contractor all copies of such Information shall be immediately returned to Contractor 6 PROPRIETARY RIGHTS Stanislaus acknowledges and agrees that all Information shall remain the property of Contractor and no license express or implied to use any of Contractor s intellectual property is granted under this Agreement 7 INSURANCE Contractor shall maintain insurance coverage in an amount not less than 2 000 000 aggregate for bodily injury or death personal injury and property damage liability 8 INDEMNIFICATION Each party hereto agrees to indemnify defend and hold the other party harmless from and against any and all claims damages losses and expenses including but not limited to reasonable attorneys fees and disbursements arising out of or resulting from any claim action or other proceeding that is based upon the other party s breach of this Agreement or any negligent act or omission or willful misconduct of the other party 07 30 03 2 Click Here to Return to Agenda 9 NOTICE All notices shall be in writing and sent by registered or certified mail postage prepaid or via facsimile with confirmation to the following addresses Notices to Contractor shall be addressed to Cricket Communications Inc 10307 Pacific Ce
68. pecific approval of the Board the phone itself may be sent to a non profit organization In this case the County will first cancel the monthly rate plan Click Here to Return to Agenda Telecommunications Policy Updated August 19 2003 Monthly Invoices A department representative is responsible for reviewing monthly bills to ensure accuracy and ensure usage is consistent with the billed amount as well as County policy Departments are responsible for paying the telecommunications bills of their staff Any discrepancy or excess charges should be immediately taken up with the Telecom vendor representative If there are staff personal calls which are inconsistent with County policy Stanislaus County Code Section 3 28 010 regarding discipline of classified employees will come into effect If vendor issues are not resolved contact the Strategic Business Technology SBT help desk for further assistance if the department has a Service Level Agreement for telecommunications support For contractual issues contact the Chief Information Officer There will be a meeting of the telecommunications coordinators SBT telecommunications and the CIO when required to resolve any outstanding billing contractual coverage or other issues Auditing Process There are a number of reasons which may initiate an audit of a phone account They include verification that plans are not being exceeded a suspicion of excessive personal calls random checks by m
69. r interpreting this Agreement b If any provision in this Agreement is declared to be invalid or unenforceable the validity of the other provisions of this Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law 24 Dispute Resolution a PLEASE READ THIS SECTION CAREFULLY IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION ARBITRATION IS DIFFERENT FROM COURT THE RULES ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT IN ADDITION YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS YOU ARE WAIVING ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US OUR AFFILIATES PREDECESSORS OR SUCCESSORS IN INTEREST ON A CLASS BASIS WE IN TURN WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS b This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship Any dispute or claim made by you against us or against our parent company or any of our subsidiaries arising out of or relating to this Agreement our Privacy Policy or your use of the Service whether based in contract tort sta
70. reement then such Carrier s service agreements will control 3 Pricing Carriers in Affiliate Markets set the pricing for both Voice Service and Equipment provided by them and prices set forth in the Agreement will not apply to Voice Service or Equipment obtained from Carriers in Affiliate Markets 4 Program Restrictions Subject to 3 of the Program Description Customer s Corporate Responsibility Users and Individual Responsibility Users based in select Affiliate Markets found at http attws com cda together with their respective Voice Service usage in those Affiliate Markets will count towards Customer s eligibility requirement under 2 1 of the Program Description and will contribute to Customer s MAC or monthly volume of Qualified Charges as applicable Such usage will receive the Service Discount in those Affiliate Markets 5 Ordering and Fulfillment Customer will comply with AWS processes and procedures for ordering Voice Service and Equipment from Carriers in Affiliate Markets AWS national ordering and fulfillment process is not available for Service and Equipment ordered with respect to such Carriers Stanislaus County 032301 cda final 6 Billing Services AWS will compile the billing analysis information from Carriers in Affiliate Markets subject to the participation and cooperation of such Carriers Customer acknowledges and agrees that AWS is only a compiler of billing information and is not responsible
71. rminated on the account the Early Termination Fee in addition to all other amounts owed on your account If you are a new Cricket amp customer no Early Termination Fee will be charged if you terminate Cricket amp service within thirty 30 days of activating Cricket service However depending on the number of minutes you have used on your Cricket phone you may not receive a refund of the purchase price of the phone You may change from the Cricket Talk Rate Plan to another Cricket Rate Plan if other Rate Plans are available and offered to you during the Service Commitment however you may be required to pay a Rate Plan change fee and you will be required to maintain Cricket service under the new Rate Plan for the remaining balance of your Service Commitment The Cricket amp Talk Rate Plan may include a certain number of U S long distance minutes for free Those minutes may be depleted at an accelerated rate if the phone is used to make long distance calls outside of the United States or directory assistance calls Cricket may choose at any time to remove access to directory assistance or international long distance as part of the free U S long distance minutes available under the Cricket amp Talk Rate Plan If you use all of the long distance minutes available for free under the Rate Plan Cricket may 1 prevent you from making any additional long distance and or directory assistance calls from your Cricket phone unless you purchas
72. rogram Description the General Terms and Conditions in effect on the date set forth above and found at http www attws com cda the General Terms and ae and the following additional attachments collectively the Agreement x Affiliate Markets Attachment C Unaffiliated Carriers Attachment AT amp T Extranet Advantage Attachment WorldView Attachment Subject to eligibility requirement AT amp T Wireless Information Navigator amp L Wireless Connectivity Option Attachment Advantage Attachment Customer s MAC as defined in 83 of the Program Description 400 000 i Gantaraae s Equipment Discount Percentage 25 By signing below Customer and AWS agree to be bound by the terms and conditions of the Agreement APPROVED AS TO FORM Stanislaus County of on behalf of itself and its Affiliates STANISLAUS COUNTY COUNSEL By Authorized Signature Print Name and Title of Person Signing AWS National Accounts LLC on behalf of itself and its Affiliates By Authorized Signature Print Name and Title of Person Signing Stanislaus County 032301 cda final 1 Click Here to Return to Agenda AT amp T WIRELESS SERVICES CORPORATE DIGITAL ADVANTAGE AGREEMENT PROGRAM DESCRIPTION 1 Service AWS through Carriers will provide commercial mobile radio services more particularly described in the Agreement Service to Customer its Affiliates and their respective W 2 employees who either a rec
73. rvice for a certain period of time before we will start Service for you If we make more than one Rate Plan available to you you may change to another Rate Plan by giving us reasonable advance notice but you may be required to pay us a Rate Plan change fee or other fee s and agree to maintain service for a certain period in connection with changing Rate Plans ALTHOUGH YOUR RATE PLAN FEATURE AND PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS THEY ARE PART OF THIS AGREEMENT b Service Commitment for Cricket amp Talk Rate Plan If you select the Cricket amp Talk Rate Plan you agree to maintain Cricket amp service for at least twelve 12 months Service Commitment for each line of service that you activate with the Cricket Talk Rate Plan The Service Commitment begins on the day that you activate your Cricket Talk service If you terminate your Cricket service before the end of the Service Commitment Cricket will suffer damages that will be difficult or impossible to determine Therefore if you terminate your Cricket service before the end of the Service Commitment for any reason other than a material change of terms conditions or rates applicable to your Cricket Talk Rate Plan as set forth below or b if we terminate your service for nonpayment or other default before the end of the Service Commitment you agree to pay Cricket as liquidated damages and not as a penalty an early termination charge of 150 per line of service te
74. s Up to 3 5 hours talk time Weighs 3 52 ounces Phone Feature Voice activated dialing Up to 25 ringer types plus vibrating alert EXHIBIT B Products Picture Not available Picture Not Available Phone Accessoires Car Adapter Headset Face Plate Leather Carrying Case Li Ion Batteries Belt Clip picture not available New customers only Click Here to Return to Agenda Kyocera Opal Series Two way text messaging Built in contact directory stores names addresses and notes Brilliant blue backlit display and keypad Supports multiple language options Up to 3 4 hours talk time Weighs 3 1ounces Phone Accessories Same as above Pictures N A EXHIBIT B continued Wireless Handset Equipment Pricing Per Unit Retail Pricing Stanislaus County Pricing ITEM DESCRIPTION WARRANTY Kyocera Phantom Kyocera Opal 1 Year EE 07 30 03 2 99 99 Less 99 99 instant rebate tax on Original price 0 tax Less 99 99 instant rebate tax on Original price 50 tax 149 99 Click Here to Return to Agenda Wireless Equipment Accessories Pricing Per Unit ITEMDESCRIPTION WARRANTY J O Standard return policy is thirty 30 days or thirty 30 minutes whichever occurs first A handsets have a one year original equipment manufacturer limited warranty against manufacturing defects
75. sing the Agreement including without limitation this Attachment the Cover Page the Program Description together with any additional attachments thereto and the General Terms and Conditions apply throughout all such documents Click H re to Return to Agenda V verizonwieless We never stop working for you 8 06 03 John Emerson County of Stanislaus 1010 10th St 6th Floor suite 6800 Modesto CA 95354 Dear John Verizon Wireless is excited to work with the County of Stanislaus by providing wireless voice and data services We have established an account for the County of Stanislaus which will be governed by the terms and conditions of the State of California Participating Addendum to the Western States Contracting Alliance WSCA Master Agreement contract 411 00115 executed earlier this year In addition to the normal WSCA offerings Verizon Wireless is also extending to the County the following three exclusive benefits 1 FREE LG VX 10 s or the VX 10 s replacement for every County or individual liable customer subject to applicable California sales tax on the unactivated retail price 2 Discounted 1000 minutes Nights and Weekends for 4 99 month County sponsored lines only Night hours are Monday Friday 9 00pm 6 00am Weekend hours are from Friday 9 00pm Monday 6 00am 3 DUAL NAM capability for County or individual liable sponsored lines Thanks you for choosing Verizon Wireless We look forwar
76. tability of mobile phone and desk phone use Considerable attention has been paid to personal use as it has been perceived that mobile phones offer greater opportunity for abuse The input of other Counties was also sought The RFP process has also precipitated other changes The most common activities of the central telecommunications team in Strategic Business Technology SBT were billing and moves adds and changes MAC Billing activities were involving as many as 4 staff and the MAC involve staff performing changing circuits every time an employee changes desks or offices Clearly this is not efficient and requires correction The departmental staff will be closer to the users of the mobile phones and be able to discern when there is over billing by the vendor or the possibility of personal use limits being exceeded There have been a number of cost efficiency gains in this process As a result of the RFP process the improvement of the billing process and the reduction in surplus landlines it is anticipated telecommunication cost will be reduced Part of the policy improves cost efficiency by the elimination of staff having two phones both a desk phone and a mobile phone The policy provides direction about which phone to choose All of the items boosting cost efficiency have been piloted in a number of smaller departments to determine real cost savings One department saved 44 of their monthly telecommunications bill Others w
77. tement of any person whatsoever shall any manner or degree modify or otherwise affect the terms and provisions of this Agreement 14 ARTICLE HEADINGS The headings of the several Articles are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement 15 SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns 16 SEVERABILITY If any provision or any portion of any provision contained in this Agreement is determined to be invalid under any applicable statute or rule of law then it shall only to that extent be deemed omitted 17 SURVIVABILITY The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement including but not limited to Paragraphs 4 5 and 6 18 ATTORNEY S FEES In the event either party brings any legal action or other proceeding to enforce its rights hereunder the prevailing party shall be entitled to recover its reasonable attorneys fees and costs CONTRACTOR STANISLAUS COUNTY By Name Title VVA Title Date 7 E 3 Date SUSOVED AS TO FORM STANISLAUS COUNTY COUNSEL BY 07 30 03 4 Click Here to Return to Agenda EXHIBIT A SERVICES PLAN I BASIC PLAN
78. tional attachments thereto and the General Terms and Conditions apply throughout all such documents Click Her to Return to Agenda AT amp T WIRELESS SERVICES CORPORATE DIGITAL ADVANTAGE AGREEMENT AT amp T WIRELESS INFORMATION NAVIGATOR ADVANTAGE ATTACHMENT 1 Definitions These following capitalized terms will have the meanings set forth below 1 1 Documentation means the user manual s and other printed or on line help materials accompanying each delivery of WIN Advantage 12 Foundation Account Number means an account number assigned by AWS to Customer for billing purposes that include no fewer than 50 Responsibility Users 13 Product Support means a service whereby AWS shall provide telephonic technical product support on WIN Advantage for up to three 3 of Customer s registered individuals 2 License 2 1 Grant of License AWS grants to Customer non exclusive non transferable license to use WIN Advantage pursuant to the terms and conditions of the Agreement the License 2 2 Authorized Use Customer may use WIN Advantage on up to ten 10 computer terminals for the sole purpose of using the Reports and Tools 2 3 Restrictions Customer will not a use WIN Advantage on a network b modify translate disassemble decompile reverse engineer or in any other way derive any source code from WIN Advantage nor will it merge WIN Advantage with another computer program c use WIN Adv
79. to any other remedies which may be available to you at law or in equity 20 Notices Any notice that Cricket mails to you will be treated as having been given to you five days after Cricket deposits the notice into the United States mail addressed to you at your last known address as shown in our billing records It is important that you notify us of any address changes Your failure to notify us of a change in your address may result in termination or interruption of your Service We reserve the right to provide notice to you by telephone SMS voicemail electronic mail service or any other method reasonably calculated to provide notice to you Any such notice will be treated as having been given to you when sent to you electronically or left with you on your phone or on your answering voicemail service Your notice to us shall be deemed given when received by us 21 Directory We may decide to publish or allow to be published a directory of subscribers including name address and phone number as permitted by law By using the Service s you consent to being included in such a directory unless we offer an opportunity to be assigned or use an unlisted or unpublished Number in which case we may charge you a fee 22 General Provisions Regarding This Agreement a If we waive any portion of this Agreement the waiver will not be treated as a waiver by us of any other provision of this Agreement or a waiver of our right to enforce the portion we have
80. tute fraud misrepresentation or any other legal theory will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court c You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute You may request arbitration if your claim or dispute cannot be resolved within sixty 60 days The arbitration of any dispute or claim shall be administered by the American Arbitration Association under its Wireless Industry Arbitration Rules that are in effect at the time of the arbitration The AAA Rules and information about arbitration and fees are available upon request from the AAA and online at www adr org d Any arbitration shall be confidential and neither you nor we may disclose the existence content or results of any arbitration except as may be required by law or for purposes of enforcement of the arbitration award Judgment on any arbitration award may be entered in any court having proper jurisdiction Cricket Communications Inc Printed in USA May 2003 07 30 03 8 Click Here to Return to Agenda EXHIBIT D COVERAGE AREA Downtown 1010 10Th Street Good Coverage Possible carrier upgrade pending traffic load additional T1 carrier MIS 1021 I Street Good Coverage Old City Hall 801 H Street Good Coverage Juvenile Hall 2215 Blue Gum Good Coverage B
81. ur 4 hours of initial training on WIN Advantage will be provided by AWS to Customer at no charge 32 Product Support AWS will provide Product Support to Customer at no charge for three 3 months following completion of the initial installation After this three month period expires AWS will provide Customer with Product Support based upon a per call fee Customer will pay 90 per hour for this Product Support pro rated with a ten 10 minute minimum charge for each such call placed by Customer AWS reserves the right to change the fee for this time based Product Support at any time 4 Incorporation of Agreement The terms conditions and defined terms set forth in all documents comprising the Agreement including without limitation this Attachment the Cover Page the Program Description together with any additional attachments thereto and the General Terms and Conditions apply throughout all such documents Click Here to Return to Agenda AT amp T WIRELESS SERVICES CORPORATE DIGITAL ADVANTAGE GREEMENT AT amp T EXTRANET ADVANTAGE ATTACHMENT 1 AT amp T Extranet Advantage AWS will provide Customer with access to AT amp T Extranet Advantage Extranet subject to the terms and conditions of the Agreement and this Attachment 2 Extranet Eligibility Requirement Customer must at all times have Service Revenue of at least 200 000 per Term Year to be eligible to access Extranet 3 Hyperlink Customer will maintain a hyper
82. ved requisition and signed acknowledgement forms are to be sent to the departmental telecommunications coordinator for filing and an additional copy of each completed form shall be filed in the employee s departmental County personnel file This process applies to staff using a shared phone If a phone is lost or stolen staff must notify their telecom coordinator and their supervisor immediately A policy report should be completed When staff give their resignation or receive their termination notice departmental Human Resources HR must notify the telecommunications coordinator at least one week beforehand if possible to ensure that the phone and all associated accessories assigned to this staff member are returned to the County When staff move from one location to another within the department and require a desk phone change then the Move Add and Change form attached must be signed by departmental senior management and filed by the telecommunications coordinator before the change is made When staff move to another department the phone will be turned in and a new one issued as determined by the new department When staff goes on extended vacations or other leaves their supervisor should remind them to leave their phone at work The disposal of mobile phones shall be consistent with the following process If the County can not re use this phone then it will be declared surplus using the same process as other equipment and with the s
83. w service Directory assistance 0 99 per call This charge is applied against the Long Distance allowance Options Additional optional features can be ordered from the Features table below FEATURES Voice Mail Options Basic Voicemail option 3 99 per month 10 messages w 7 day retention Enhanced Voicemail option 6 99 per month 25 messages w 10 retention First feature is 3 99 per month second feature is 3 00 Excludes Text Messaging Caller ID First feature is 3 99 per month second feature is 3 00 Excludes Text Messaging 3 Way Calling First feature is 3 99 per month second feature 3 00 Excludes Text Messaging unlimited messages per month 140 characters per message Cricket Feature Value Packs 7 99 per month Includes 3 features Excludes Text Messaging 9 99 per month includes 4 features Excludes Text Messaging Call forwarding is not currently available OTHER Additional Long distance paid in advance Invoice Fee 55 cents per monthly invoice Call Length Peak off peak and call length do not apply to the unlimited local calling service 07 30 03 6 Click Here to Return to Agenda Kyocera Mobile Phones Kyocera Phantom Series 07 30 03 Features Voice activated dialing Up to 25 ringer types plus vibrating alert Two way text messaging capabilities Brilliant blue backlit display And keypad Changeable mask accessorie
84. y Each party acknowledges the validity of the other party s Marks the other party s ownership thereof and any and all United States and foreign registrations that have been or may be granted thereon to the other party Each party will not either during or after the term of the Agreement do anything itself or aid or assist any other party to do anything which would infringe violate damage dilute cause a loss of distinctiveness harm or contest the rights of the other party in and to the other party s Marks Any unauthorized use by one party of the other party s Marks or any use by one party not in compliance with the Agreement or the other party s Rules will constitute infringement of the other party s rights and a material breach of the Agreement Each party acknowledges that it has no rights in or to the other party s Marks except as provided herein and will not acquire any rights in the other party s Marks as a result of any use of the other party s Marks Each party will immediately discontinue use of the other party s Marks upon a any expiration or termination of the Agreement b any termination of Customer s access to Extranet or c written request by the other party Nothing in the Agreement gives Customer the right to use any Marks of any third party including without limitation any Marks of Equipment manufacturers 10 Incorporation of Agreement The terms conditions and defined terms set forth in all documents compri
85. y or limit the provision of Service on the basis of our findings or your credit history c Any person able to provide your name the last four digits of your social security number driver license number or other personal identifying information acceptable to Cricket and your Cricket amp wireless phone number Number is authorized by you to receive information about and make changes to your account including adding new Service or disconnecting existing service If you are receiving Service under a Rate Plan through your employer you authorize us to share account information with your employer d In an effort to prevent fraud and identity theft Cricket may contact you after you activate your Cricket service to verify your identity and certain personal information If you are unable to verify your identity or provide such information you may be asked to go to a Cricket retail store within a specified period of time to provide information and to verify your identity Your failure to do so may result in the interruption or termination of your Cricket amp service which may subject you to charges and or penalties 10 Billing and Payment a Monthly Service charges are generally billed in advance and payment is due on or before the date due as stated in your bill Your monthly service period can be found on your bill and is approximately 30 days long Your monthly service period and other dates related to your account may change from time to time
86. yment schedule are listed in the Exhibits Contractor shall submit to Stanislaus on a monthly basis invoices requesting payment and such invoices shall be paid by Stanislaus on or before the bill due date Contractor shall send separate invoices by department directly to each department 07 30 03 1 Click Here to Return to Agenda 4 TAXES Stanislaus shall pay when due all applicable local state and federal taxes and or assessments surcharges fees regulatory recovery fees and universal service fees in effect during the term of this Agreement 5 CONFIDENTIALITY 5 1 Use of Confidential Information Received Contractor may from time to time communicate to Stanislaus or Stanislaus may otherwise gain access to certain confidential business and or technical information with respect to Contractor s operations business plans and or intellectual property the Information Stanislaus shall treat all Information as confidential whether or not so identified and shall not disclose or permit the disclosure of any Information without the prior written consent of Contractor Stanislaus shall limit the use and disclosure of the Information within its organization to the extent necessary to use the Services and shall inform all such discloses of the confidential nature of such Information and of Stanislaus s obligations under this Paragraph 5 The foregoing obligations of this Paragraph 5 shall not apply to any Information which has been

August 19, 2003 - Board of Supervisors Agenda

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