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2019-05-16 US Cellular-Mobile GIS Tablets AmendmentMay 16, 2019 I, Richard Hansen, Mayor of Blair, hereby authorize Brenda Wheeler, City Clerk, to electronically sign the Lease Agreement with US Cellular for mobile GIS Tablets for use by city staff that was approved by the City Council on February 12, 2019. This is an amendment to the original agreement removing the sales tax portion of the agreement. Richard Hansen, Mayor DocuSign Envelope ID: B1FEDOF2-E371-4D6F-BO2D-32C39OD37B36 Seller RETAIL INSTALLMENT CONTRACT / RETAIL INSTALLMENT AGREEMENT r"N• I lccnC of r;rPatpr Inwa. LLC_ 3537W 13th St. Ste 106. Grand Island. NE 68803 216 S 16th Date: 02/21/2019 Item(s) Purchased(" Property"): See Attached Addendum Truth -in -Lending Disclosure ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED The amount of credit provided to you or on your behalf. TOTAL OF PAYMENTS The amount you will have paid after you TOTAL SALES PRICE The total cost of your purchase on credit, including your down The cost of your credit as a yearly rate. The dollar amount the credit will cost you. $0.00 3. Unpaid balance of cash price (1(c) - 2) $7,950.48 have made all payment of 5. Official fees $0.00 6. Unpaid balance/Amount financed (3 + 4 + 5) payments as 7. Finance charge $0.00 s. Total amount payable under contract/Time balance (6 + 7) $7,950.48 scheduled. $0.00 0% $0.00 $7,950.48 $7,950.48 $7,950.48 Your payment schedule will be: Number of Payments and Amount of Each Payment When Payments Are Due Payment:1 $726.48 Monthly beginning on (date) 03/14/2019 (e) Payments: 2 - 36 $206.40 See your contract documents for any additional information about nonpayment, default, any required repayment In full before the scheduled date, and prepayment refunds and penalties. "U.S. Cellular®" means USCC Services, LLC or its affiliates. "e" means estimate. This contract is intended for Business purposes and the Truth -in -Lending Act does not apply. I*nm Jv +I^n of fhn Amnnnt GIR9 -rl (a) Cash pricebeforetaxes $7,430.40 (b) Taxes $520.08 (c) Total cash price (a) + (b) $7,950.48 2. Total down payment (including taxes paid in cash) $0.00 3. Unpaid balance of cash price (1(c) - 2) $7,950.48 4. Insurance financed as part of the amount financed $0.00 5. Official fees $0.00 6. Unpaid balance/Amount financed (3 + 4 + 5) $7,950.48 7. Finance charge $0.00 s. Total amount payable under contract/Time balance (6 + 7) $7,950.48 9. Total sales price/Deferred payment price/Time sale price (1(c) + 4 + 5 + 7) $7,950.48 Number of Payments and Amount of Each Payment Date of Each Payment 03/14/2019 (e) Payment: 1 $726.48 Payments: 2 - 36 $206.40 U.S. Cellular. DocuSign Envelope ID: B1FEDOF2-E371-4D6F-B02D-32C390D37B36 Promise to Pay: You will pay us the Amount Financed under this Retail Installment Contract ("Contract") by making the payments in the amounts described in the Payment Schedule in the Truth in Lending Disclosure (which is part of this Contract). Prepayment: You may prepay additional installments of the unpaid balance in increments equal to or in multiples of the monthly installment amount identified in the Contract, or all of the unpaid balance of the Amount Financed, at any time without penalty. If you want to prepay additional installments or the unpaid balance you must call Customer Service or go to a retail store and pay us the additional installments or the full amount owed immediately. If this Contract is entered into in Maine, you may prepay any part of the unpaid balance of the Amount Financed at any time without penalty by sending a check to U.S. Cellular, Attn: PC Maine, P.O. Box 7835, Madison, WI 53707-7835. The check must be payable to U.S. Cellular with the cell number or account number for the device in the memo line. Insurance/Extended Warranty: You are not required to purchase property insurance protecting against the loss or theft of the Property or an extended warranty contract ("Protection Products") as a condition to receiving credit. You may obtain property insurance or extended warranty coverage from anyone you want. If you get the Protection Products from or through us, the prices, terms and conditions will be provided to you separately in the Device Protection+ brochure, which is being provided to you at the same time you receive this disclosure. Amounts that we charge for Protection Products are not included in the Amount Financed. Returns: You may return the Property to us in good condition and accompanied with original packaging, battery, accessories and instruction manuals within fifteen (15) days of purchase. If you return the Property, you must have valid proof of purchase and will be entitled to a full refund of the purchase price, less a restocking fee of $35.00. After completing the return, and payment of the restocking fee, we will credit the amount of your refund to your obligation to pay the Amount Financed. Wireless Service: You are required to obtain voice, messaging or data wireless service ("Wireless Service") from U.S. Cellular at the time you enter this Contract in order to obtain financing under this Contract. If you do not activate the device purchased under this Contract within 30 days of the Contract date or, if applicable, the shipment date of the device, you agree that U.S. Cellular may automatically activate the device, or alternatively U.S. Cellular may in its discretion charge, and you agree to pay, the entire remaining balance owed for your device as soon as your next bill. If you are transferring a cell number from another device to the device purchased under this contract, the device to which the cell number was previously assigned will no longer be operational once the device purchased under this Contract is activated. We may include the charges you owe under this Contract on the bills you receive for the Wireless Service. Other terms and conditions for Wireless Service will apply. If you purchase a tablet device, you may terminate your Wireless Service agreement after the first month of Wireless Service without an early termination fee. If you purchase a handset device, you are required to maintain Wireless Service during the term of this Contract. If you purchase a Wireless Service with an upgrade program, we will accept your return to us of the device financed under this Contract as long as you have not failed to perform your obligations under this Contract, the device is in good working condition, you enter a new Contract on the terms we currently offer,and have made payments in an amount equal to or greater than the required minimum number of installment payments for a particular installment term. The minimum payment amount required to qualify for an upgrade under a 20 payment installment plan is equal to 12 installment payments as identified in the Contract, 18 installment payments as identified in the Contract for a 24 payment installment plan, and 24 installment payments as identified in the Contract for a 30 payment installment plan. If we accept your device, we will (a) cancel the unpaid principal balance of the Amount Financed of this Contract (other than past due amounts), (b) provide you a credit on your account equal to the amount (if any) of the down payment on this Contract for amounts other than taxes times a fraction equal to (i) the number of full or partial unbilled payments remaining in the Contract, divided by (ii) the total number of payments in the Contract, and (c) if you entered into this Contract while you reside in Maine and have prepaid amounts due under this Contract, either provide you credit on your account or a refund equal to the amounts of your prepayments. We may require you to mail your returned device to us in accordance with our instructions and, if we do, the device must be in good working condition when we receive it or we may not accept it. Payments: You will make payments due under this Contract in U.S. dollars by check drawn on a bank in the United States, money order, cashiers check or other means we approve. Items payable under this Contract may appear on the monthly billing statements for your Wireless Services. If you make a payment on a bill you receive for Wireless Service and amounts you owe under this Contract, we may apply your payment in any manner we determine. Partial payments may result in the suspension or cancellation of your service plan and in equipment not operating on our network. Default: You will be in default if you, (a) fail to make any payment when required, (b) violate any other provision of this Contract, (c) become the subject of any bankruptcy or insolvency proceeding, or (d) die. If you are in default, to the extent permitted by applicable law, we may require you to pay immediately the entire unpaid Amount Financed as well as our collection costs, attorneys' fees and court costs related to enforcing your obligations under this Contract. If this Contract is entered into in Iowa, Maine or Wisconsin, we will not require you to pay attorneys' fees. Limits of Liability: U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS' FEES. Disclaimer of Warranties: EXCEPT TO THE EXTENT THAT U.S. CELLULAR PROVIDES A WRITTEN LIMITED WARRANTY FOR SPECIFIC EQUIPMENT, U.S. CELLULAR MAKES NO WARRANTY REGARDING THE EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW. U.S. CELLULAR IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR. Arbitration: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS CONTRACT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS' FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS CONTRACT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS CONTRACT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION DocuSign Envelope ID: B1FEDOF2-E371-4D6F-BO2D-32C39OD37B36 OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS, WE EXPRESSLY REJECT AND DO NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS CONTRACT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 1-800-778-7879 OR VISIT ITS WEBSITE AT ADR.ORG. Maryland Credit Grantor Election: If this Contract is entered into in the state of Maryland, we elect that the Maryland closed-end credit grantor statute shall apply to this Contract, Md. Commercial Law sections 12-1001 through 12-1029. Miscellaneous: (a) This Contract is governed by the laws of the State in which this Contract is entered into. The Contract is deemed to be entered into in the State where the store in which you purchase the Property is located. (b) We may assign any of our rights or obligations under this Contract without notice to you. You agree you will not assign this Contract or any interest in it and will not sell or offer to sell or transfer or enter into any lease with respect to the Property covered by this Contract without our prior written consent. If you wish to assign this Contract, you and the assignee agree to complete and sign a change of responsibility request form and, as consideration for U.S. Cellular's written agreement to allow the assignment, you and assignee agree to forgo the pro rata down payment credit that would otherwise be due under Wireless Service paragraph subsection (b) above. (c) Our failure to exercise any of our rights will not be a waiver of our ability to exercise such rights in the future; any waiver of our rights must be in writing and signed by US. Our Privacy Policy: We collect nonpublic personal information ("NPI") about you from the following sources: (1) information we receive from you on applications or other forms; (2) information about your transactions with us, our affiliates, or others; and (3) information we receive from a consumer agency. We may disclose all of the information we collect as permitted by law. We restrict access to NPI about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronics, and procedural safeguards that comply with federal standards to guard your NPI. This Privacy Policy applies solely where the Seller is identified as an Agent, and only to NPI obtained in connection with this Retail Installment Contract. If this Retail Installment Contract is assigned to U.S. Cellular, United States Cellular Corporation's privacy policy will apply to NPI it collects. DocuSign Envelope ID: BIFEDOF2-E371-4D6F-B02D-32C390D37B36 ►� ANY HOLDER OF THIS CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER/CUSTOMER: (1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT AND THE WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED. (2) DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES. (3) YOU ARE ENTITLED TO AN EXACT COPY OF ANY CONTRACT YOU SIGN. (4) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS CONTRACT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. (5) KEEP THIS CONTRACT TO PROTECT YOUR LEGAL RIGHTS. (6) THE SERVICE CHARGE DOES NOT EXCEED 0% PER ANNUM COMPUTED MONTHLY. All customers: You acknowledge receipt of our Privacy Policy, which may not be applicable to this transaction. You also acknowledge receipt of a completely filled-in copy of this contract when you signed it. RETAIL INSTALLMENT CONTRACT Docuftned by: C� RAWs�, B46F180133D845C... Buyer's Signature or Buyer's Authorized Contact for Buyer —Docuftned by: Seller's Signature DocuSign Envelope ID: B1FEDOF2-E371-4D6F-B02D-32C39OD37B36 WHAT DOES United States Cellular Corporation ("U.S. Cellular") DO WITH YOUR PERSONAL INFORMATION COLLECTED IN CONNECTION WITH YOUR RETAIL INSTALLMENT CONTRACT? ti's Financial companies choose how they share your personal information. Federal law gives C onsumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and credit scores • Payment history and transaction history • Account transactions and account balances When you are no longer our customer, we continue to share your information as described in this notice. All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons United States Cellular Corporation chooses to share; and whether you can limit this sharing. For our everyday business purposes - such as to process your transaction, maintain your account(s), respond to court orders and legal Yes No investigations, or report to credit bureaus For our marketing purposes - to offer our products and services toI Yes I No you For joint marketing with other financial companies I No I We don't share For our affiliates' everyday business purposes - information aboutI Yes I No your transactions and experiences For our affiliates' everyday business purposes — information about( No I We don't share your creditworthiness For our affiliates to market to you I No ( We don't share For nonaffiliates to market to you I No I We don't share Call 1-773-399-8900 or go to uscellular.com DocuSign Envelope ID: B1FEDOF2-E371-4D6F-BO2D-32C39OD37B36 e00101MEMENESEEM Who is providing this United States Cellular Corporation and our operating affiliates, listed below notice? How does U.S. Cellular To protect your personal information from unauthorized access and use, we use security protect my personal measures that comply with federal law. These measures include computer safeguards and information? secured files and buildings. We collect your personal information, for example, when you How does U.S. Cellular • Open an account or pay your bills collect my personal • Pay us by check or use your credit or debit card information? • Show identification documents We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes — information about your credit Why can't I limit all worthiness sharing? • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Companies related by common ownership or control. They can be financial and nonfinancial companies. Affiliates Our affiliates include nonfinancial companies, such as our operating affiliates which • provide wireless cellular service. Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates United States Cellular Corporation does not share with nonaffiliates so they can • market to you. A formal agreement between nonaffiliated financial companies that together market financial Joint marketing products or services to you. • United States Cellular Corporation does not jointly market The other entities providing this notice are listed below: California Rural Service Area #1, Inc.; USCOC of Central Illinois, LLC; Indiana RSA No. 4 Limited Partnership; Indiana RSA No. 5 Limited Partnership; Cedar Rapids Cellular Telephone, L.P.; Dubuque Cellular Telephone, L.P.; Farmers Cellular Telephone Company, Inc.; Iowa RSA No. 9 Limited Partnership; Iowa RSA No. 12 Limited Partnership; USCOC of Greater Iowa, LLC; Kansas #15 Limited Partnership; USCOC Nebraska/Kansas, LLC; USCOC of Cumberland, LLC; USCOC of Rochester, Inc.; USCOC of Greater Missouri, LLC; Bangor Cellular Telephone, L.P.; Maine RSA #1, Inc.; Maine RSA #4, Inc.; NH #1 Rural Cellular, Inc.; Jacksonville Cellular Telephone Company; North Carolina RSA 1 Partnership; USCOC of Greater North Carolina, LLC; Wilmington Cellular Telephone Company; Texahoma Cellular Limited Partnership; USCOC of Greater Oklahoma, LLC; Oregon RSA #2, Inc.; USCOC of Oregon RSA #5, Inc.; United States Cellular Operating Company of Medford; USCOC of South Carolina RSA #4, Inc.; Tennessee RSA No. 3 Limited Partnership; United States Cellular Operating Company of Knoxville; United States Cellular Telephone Company (Greater Knoxville), L.P.; Vermont RSA No.20-62, Inc.; USCOC of Virginia RSA #3, Inc.; McDaniel Cellular Telephone Company; USCOC of Richland, Inc.; USCOC of washington-4, Inc.; Western Sub -RSA Limited Partnership; Yakima MSA Limited Partnership; Hardy Cellular Telephone Company; Kenosha Cellular Telephone, L.P.; Madison Cellular Telephone Company; Racine Cellular Telephone Company; United States Cellular Operating Company LLC; USCOC of LaCrosse, LLC. USCOC of Pennsylvania RSA No. 10-132, Inc. DocuSign Envelope ID: B1FEDOF2-E371-4D6F-BO2D-32C39OD37B36 ADDENDUM TO THE RETAIL INSTALLMENT CONTRACT Date: 02/21/2019 Customer Name: City of Blair Account Number: 868430102 Mobile Number ESN/MEID Equipment Mfg/Model# Order Date Final Down Payment Installment Term Monthly Payment Eouioment Price Amount/Device 1 (402) 237-0356 89496781604626580 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 2 (402) 237-0331 89496781604555380 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 3 (402) 237-0322 89496781604535420 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 4 (402) 237-0181 89496525604591980 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 5 1 (402) 237-0112 1 89496525604524350 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 6 (402) 237-0073 89496781604544640 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 7 (402) 237-0030 89496781604805540 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 8 (402) 237-0363 89496781604692270 203531 - IPAD PRO 10.5 256GB SILVER - New 02/20/2019 $928.80 $ 0.00 36 $25.80 Total $7,430.40 Total $0.00 Total $206.40 IN WITNESS WHEREOF, the parties have executed and delivered this Addendum as of the date as set forth above as part of the Retail Installment Contract ('RIC"). This Addendum provides details regarding equipment purchased by Customer under the RIC. This Addendum is governed by the terms and conditions of RIC. U.S. Cellular DoycJt�uL"SI"'d by; By:l RroFad9��aP. City of Blair, Nebraska �DOCUSigned by: I.W(MW (�'atin.St,ln.