ORDER NO 30910 PLAT SCANNER SERVICE AGREEMENT Came to be heard this the 14`x' day of July, 2008 with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 the service agreement with Cad Supplies Specialty for the County Clerk's Plat Scanner/plotter. ,~ 3 v9~ ~ 1~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper MEETING DATE: July 14, 2009 SUBJECT: (Please Be Specific) Office: Count,~erk TIME PREFERRED: Consider, discuss and take appropriate action to approve the Service Contract for the Plat Scanner/Plotter for another year and authorize Judge Tinley to sign the contract. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: TIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE Jannett Pieper Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. Jannett Pig ,o~- subject: Attachments r Chris Epstein [Chris@cadsupplies.com] "Jannett Pieper" Seiko Renewal Kerr LP1010 SA.doc ~, U Kerr LP1010 SA.doc (334 KB) Dear Jannett, I trust all is going well for you. As I am sure you know costs are skyrocketing. We have recently had only our 2nd price increase in 12 years! This has affected our Seiko contract business as well. It is time to renew your contract. Your contract price his been $.16 per LF. Your new cost per LF is_ $.165, an increase of 1-~ a cent. This is still a 25° discount off our regular bond price for our non-contract clients. This was not a step we have taken lightly. We value our relationship. I want to assure you we are doing all we can to keep our costs competitive. Hopefully you will find this to be a reasonable increase. Sincerely, ris Epstein rcount Manager Email Chris@cadsupplies.com 13734 N. IH 35 * Austin, Texas 78728 (512) 833-9800 * Fax (512) 833-9807 * Toll Free (866) 339-6200 www.cadsupplies.com ~ ~~~~~ ~~ ~- CAD SUPPLIES SPECIALTY 13734 N. IH 35 Austin, TX 78728 Deluxe Service Agreement Phone: 512-833-9800 Fax: 512-833-8907 CAD SUPPLIES SPECIALY agrees to furnish, and the undersigned Client agrees to accept and pay for the following services on the equipment listed below subject to the following terms and conditions. A. Name: Address Contact: Telephone No Kerr County Clerk 700 Main Street Suite 122 Kerrville, TX 78028 Jannett Pieper 830-792-2255 B. Service: All Parts and Labor /On-Site 4 HOUR RESPONSE Preventative Maintenance Service Call Items covered By This service Agreement C. Model: LP1010MF Serial Number:67K2233D D. Effective dates: 7/1/08 to 6/30/09. E: Monthly Base $ 75 Paper, Toner & Service Maintenance Charges-LF $ .065 Optional Toner-LF .035 Optional Paper-LF .065 Total Cost LF .165 Initial (Charges are billed monthly) I certify that the equipment on this document has been inspected a ets CAD Supplies Specialty specifications to be covered by this agreement. CAD SUPPLIES SPECIALITY Inspection Representative Date~J,~[ The following described attachments to this agreement are herein: The additional terms and conditions on the reverse are part of this Agreement. The Client acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Further, the Client agrees that this Agreement, and any Supplements referencing, signed by all parties will be through complete and exclusive statement of the Agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. CAD SUPPLIES SPECIALTY SIGNATURE: DATE (d/~~ '~'~~ CLIENT SIGNATU DATE: '~ ADDITONAL TERMS AND CONDITIONS TO THE CAD SUPPLIES SPECIALTY SERVICE AGREEMENT B. Maintenance Service Provided 6.1 CAD SUPPLIES SPECIALTY agrees to provide maintenance services during the period specified in this Agreement to keep the equipment in or restore equipment to good working order. 6.2 The maintenance service obligations eMend only to the equipment listed on Page 1, Section C of this Agreement. 6.3 Maintenance services will be performed and provided by CAD SUPPLIES SPECIALTY during the "Principal Period Maintenance" (hereafter "PPM") which shall mean the period between the hours of 8 a.m. and 5 p.m. local time Monday through Friday, excluding recognized holidays. 6.4 CAD SUPPLIES SPECIALTY will perform maintenance services on an unscheduled basis when notified by the Client that the equipment is inoperable. CAD SUPPLIES SPECIALTY'S goal is call back within one day and an on-site visit based on the service level of the contract. 6.5 Maintenance services will include replacement parts deemed necessary by CAD SUPPLIES SPECIALTY. All parts will be furnished on an exchange basis and will be new standard parts or parts of equal quality. CAD SUPPLIES SPECIALTY shall have no obligation to replace expendable items such as printer ribbons, batteries, print heads, magnetic media, paper supplies and similar supply dems. End-of-life replacement parts are also excluded. Replaced parts removed from the equipment become the property of CAD SUPPLIES SPECIALTY without charge to CAD SUPPLIES SPECIALTY. 7. CAD SUPPLIES SPECIALTY offers one type of service: 7.1 Parts and Labor/On Site Maintenance and repair will be provided at Client's location described herein during the PPM. All labor and parts are included. 8. Responsibilities of Client Client shall promptly notify CAD SUPPLIES SPECIALTY of covered equipment failure and thereafter allow CAD SUPPLIES SPECIALTY to use such facilities, features and other equipment consistent with Client's normal business practice, at no charge, in the reasonable opinions of Client and CAD SUPPLIES SPECIALTY necessary in order to enable CAD SUPPLIES SPECIALTY to perform the services hereunder. To facilitate CAD SUPPLIES SPECIALTY'S performance under this Agreement, Client shall provide reasonable facilities such as, but not limited to: secure storage space, a designated work area with adequate heat and light, and access to a telephone line in accordance with Client's business practice. These facilities are to be provided upon the request of CAD SUPPLIES SPECIALTY. Throughout the terms of the Agreement, Client shall control the environment conditions according to industry standards. The Client agrees that they shall have the sole responsibility for backup procedures and safeguarding the software and data during service work performed by CAD SUPPLIES SPECIALTY. CAD SUPPLIES SPECIALTY is not liable for software damage due to any outside factor, i. e., software virus. 9. Exclusions 9.1 All maintenance service obligations of CAD SUPPLIES SPECIALTY hereunder are contingent upon the proper use of the equipment. CAD SUPPLIES SPECIALTY shall be under no obligation to furnish maintenance service: (1) If maintenance, adjustment, repair or parts replacement is required because of accident, deliberate act, neglect, misuse, failure of electrical power, air conditioning, humidity control, transportation, or causes other than ordinary use; or (2) If the equipment is maintained or repaired by someone other than CAD SUPPLIES SPECIALTY personnel, without the prior written approval of CAD SUPPLIES SPECIALTY. If maintenance service were required as a result of causes stated above, such repairs would be made at CAD SUPPLIES SPECIALTY'S discretion and at its applicable per call rates and terms then in effect. 9.2 Maintenance service also does not include or cover: (1) Operating supplies or accessories, painting or refinishing the equipment or furnishing of materials for this purpose; or (2) Electrical work external to the equipment, or maintenance of accessories, alterations, attachments or other devices or services connected with relocation of equipment not originally specifically stated herein. 9.3 CAD SUPPLIES SPECIALTY shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance or interruption of service resulting from acts of God, civil or military catastrophes, transportation delays, inability to obtain materials or parts from suppliers, or other forces beyond its reasonable control. 9.4 All equipment, which is to be subject to his Agreement, must be inspected by a CAD SUPPLIES SPECIALTY technician prior to the commencement dale of this Agreement. Any equipment repairs performed by CAD SUPPLIES SPECIALTY to bring the equipment to satisfactory condition shall be billed at the per call rates and terms then in effect. Client shall pay the inspection charge set forth on the reverse side of this Agreement. 9.5 Maintenance services required because of improper installation of the equipment if the equipment is not installed by a CAD SUPPLIES SPECIALTY employee, shall not be included under this Agreement and will be billed at the current terms and rates then in effect. 9.6 Service calls responded to due to operator error or software related problems, will be billed at the terms and rates then in effect. 5. Subcontract. CAD SUPPLIES SPECIALTY shall have the right to sub-contract any or all of its responsibilities hereunder to one or more sub- contractors, but this shall not relieve CAD SUPPLIES SPECIALTY of its responsibilities under this agreement 6. Limitations and Warranty. 6.1 Wananty. All materials, supplies, parts and other products supplied under this agreement are provided by CAD SUPPLIES SPECIALTY on an "as is" basis. The manufacturers of said materials, supplies, parts and other products may provide warranties for their products. CAD SUPPLIES SPECIALTY does not warrant that any material, supplies, parts or other products will meet Client's requirements, or that the operation or use of any materials, supplies, parts and other products will be uninterrupted or error free. CAD SUPPLIES SPECIALTY makes no warranties, express or implied, including, but not limited to, the implied warranties or merchantability or fitness for a particular purpose. 6.2 Limitations of Remedies. CAD SUPPLIES SPECIALTY'S entire liability and Client's exclusive remedy for damages from any cause whatsoever, including, but not limited to, nonperformance or misrepresentation and regardless of the form of action, shall be limited to the total service charge paid by Client hereunder. This limitation of liability will not apply to claims for personal injury or damage to tangible property caused by CAD SUPPLIES SPECIALTY'S negligence. In no event will CAD SUPPLIES SPECIALTY be liable for damages caused by Client's deliberate acts of negligence or for special incidental or consequential damages, lost profits, loss of use of equipment, loss of stored memory and or data, cost of substitute equipment or other down time costs even if CAD SUPPLIES SPECIALTY has been advised of the possibility of such damages, or for any claim against Client by any other party. Some states have laws that require warranty and liability rights different from those stated herein. In such states, the minimum required warranty and liability terms shall apply. 7. Modification or Amendment. No modification or amendment of this Agreement will be binding on either party unless in writing and signed by an authorized representative of office of each party. 8. Transfer of Equipment. In the event that the equipment on Page 1, Section C of this Agreement is subsequently removed from the original location to another location, then such equipment shall be excluded from the terms of this agreement beginning on the date of its removal, any provisions for service of equipment at location other than the location stated on Page 1 Section C, must be made in writing, signed by both parties and attached to the Agreement. If reinstallation services are required as a result of causes stated above, such repairs will be made at CAD SUPPLIES SPECIALTY'S discretion and at its applicable per call rates and terms then in effect. 9. Software Maintenance. This agreement does not cover maintenance and/or damages of software packages, whether acquired from CAD SUPPLIES SPECIALTY or any other source. 10. Charges The charges for the service offering(s) selected by Client are set forth on Page 1, Section E, under Total. Client shall pay this amount in full upon the execution of this Agreement. In the event any sum of money owed by the Client under this Agreement is not paid when due and remains unpaid for ten (10) days, CAD SUPPLIES SPECIALTY may add a service charge equal to the lesser of (1)1- 1 /25 % per month on the past due amount; or (2) the highest contractual rate allowed by law. 11. Terms and Termination. S i. i This agreement shall be effecSve from the Service Commencement Cata and shall c:,ntinua for the term specified on the reverse s de hereof. 11.2 In the event any sum of money owed by Client is not paid when due and remains unpaid for thirty (30) days or more, or if Client defaults in the pertormance of any other obligation under this Agreement, CAD SUPPLIES SPECIALTY may terminate this agreement by giving the Client ten (10) days notice. t 1.3 CAD SUPPLIES SPECIALTY may immediately terminate this Agreement by written notice to the Client and may regard Client in default of this Agreement if Client becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition for bankruptcy, suffers or permits the appointment of a receiver for its business assets or becomes subject to any proceedings under any bankruptcy or insolvency law, or has wound up liquidated, voluntarily or otherwise. If any of the above occurs, Client shall immediately notify CAD SUPPLIES SPECIALTY of such occurrence. 12. Assignment This Agreement is not assignable by Client without the prior written consent of CAD SUPPLIES SPECIALTY. Any attempt by Client to assign any rights, duties, or obligations which arise under this Agreement, without CAD SUPPLIES SPECIALTY'S consent, shall be void. 13. Jurisdiction. This Agreement is entered into and shall be governed and construed in accordance with the laws, the State Commercial Code ("UCC") of Texas. In the event of any inconsistency between such UCC and this Agreement, the Agreement shall prevail. By the execution of this Agreement, the Client agrees to be subject to the jurisdiction of the Courts. 14. General. 14.1 This agreement, together with all attachments or documents referenced herein, contains the entire agreement of CAD SUPPLIES SPECIALTY and Client on the subject matter of service to be performed hereunder. No representation, inducement, promise, negotiation or agreement; oral or otherwise not contained herein shall be of any force or effect. 14.2 This agreement supersedes all prior maintenance agreements and understandings between the parties and may not be changed or terminated orally and may not be assigned by Client. 14.3 This Agreement shall not be effective until approved by CAD SUPPLIES SPECIALTY. 14.4 No delay or failure of either party in exercising any right hereunder, and no partial single exercise of such right(s) shall be deemed a substitute to the waiver of such right(s). If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 14.5 If either party neglects or fails to perform any of its obligation under this Agreement and such failure shall continue for a period of twenty (20) days after written notice thereof, the other party shall have the right to terminate this Agreement. 14.6 All written notices required to be given by either party fo the other under this Agreement shall be addressed to the CAD SUPPLIES SPECIALTY location designated herein and addressed to the Client at the address designated in Section A of this document. Such shall be deemed received given five (5) days after postmarked by the United States Postal Service, certified, return receipt requested. 14.7 No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by party claimed to have waived and consented. 14.8 Client shall be responsible for the payment of all taxes in connection with this Agreement. 14.9 In the event that CAD SUPPLIES SPECIALTY retains an attorney to enforce any provision of this Agreement, Client agrees to pay the reasonable fee thereof