ORDER NO. 30842 POSTAGE MACHINE CONTRACT WITH PITNEY BOWES Came to be heard this the 12th day of May, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the renewal of the Postage Machine Contract, for the County Clerk's Office, with Pitney Bowes at the same government rate as the last 4 years, and authorize the County Judge to sign same. ~ 3vgya- ~.a 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: March 12t" 2008 SUBJECT: (Please Be Specific) Office: County Clerk TIME PREFERRED: Consider, discuss and take appropriate actions to approve/renew the Postage Machine Contract with Pitney Bowes at the same government rate as the last four years for another four years and authorize the County Judge to sign. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: STIMATED 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 -enda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. P'~tC~£j~' ~~~~~ sneering the flow a,`communicatiorl^~ Your Business Information ~ CAN # ORDER # KERR COUNTY CLERKS OFFICE Full legal name of renter DBA name of renter Tax ID # (FEIN/TIN) 700 MAIN ST RM 122 KERRVILLE TX 78028-5389 Billing address City .State Zip+4 Billing contact name Billing contact phone # Billing CAN # 700 MAIN ST RM 122 KERRVILLE TX 78028-5389 Installation address (If different than billing address) City State Zip+4 00973152002 Installation contact name Installation wntad phone # Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # State lax (if applicable) Fiscal period (from - to) N d i B ee s ness Your us Qty Business Solution Description Check items to be included in customer's payment Mail Stream Solution - 1 ~ Equipment Maintenance Provides service coverage including certain parts and labor 1 DM500 Digital Mailing System (Base Package) 1 IntelliLink Interface / PSD for DM500-DM1000 ~ Software Maintenance _ Basic Accounting (25 Dept) Software Provides revision updates and technical assistance S Ib Integrated Weighing ~ Soft-Guard®Subscription 1 5 1b Integrated Weighing Platform Provides postal and corner updates 1 IntelliLink Subscription Ii you do not elect to include Sofl-Guard® protection with your lease, you will automatically receive uptlates at the then-current rates. ^x IntelliLinkTM SubscriptionlMeter Rental Provides simplified billing and includes ()resets per year ( )Confirmation Services Electronic access to postal confirmation service. Receive an invoice far postage, consolidated billing ( )Purchase Pourer antl enhanced management reporting information. Your Payment Plan ~ Number of months Monthl a First 48 $282 ( )Required advance check of $( )received ( )Tax exempt certificate attached Initial Rental Term Your Acknowledgement By your siBnaMa as "Rental below, you request Nat we rent to you the equipment descdbatl above or o any schatlule atlacMtl hereto (Ne 'Equipmenr) for essential govammanbl purposes in considerafion of your payment to us of Ne amounts set (o n the Payment Schedule, subject to Ne farms and contli0ons provitlatl In Nis Agreement. For purposes o/ Nis Agreement, all payments set IoM in Ne Payment Schedule shall be referred b as Na 'Tobl Payments.' The payments refened to in ' Payment Schedule oMrer Nan Ne "Final Paymenr shall ba rofaned tc sinBUlarly a a "Panotl Payment and collectively as Ne "Periotl Payments' Vour offer will Ee binding en us when wa accept it by having an authodzad empbyea sign it. All payme hereunder shall be payable only to us at our axecuEVe offices unbss wa direct you oMernise en wriVng. 1. NON-APPROPRIATION. Vou wanant Nal you have Nntls available to pay Na Total Paymenb until Ne erb of your c nent fiscal period. and shall use your bast aflorts to obbin funds to pay the Total Paymanb In each subsequent fiscal paiwd Nrot the end or your Initial Term. If your appropriaton request to your leglslati've hotly, or funding auNoriry ('Governing Body") for funds b pay Ne Total Paymanb is danietl, you may brminate Nis Agreement on Ne last day of the fiscal period br which !u have been approprated, upon (i) submission of tlocumanbtion r na Ely satisfactory m u evidencing Ne Governing Body's denial of a appropriation sufficient to wntinue Nis Agreement for Ne neA succeeding fiscal period, antl Iii) satisfaction of charpea and obligations under Nis Agreement inarted Nrouph tln eM of Ne fisnl period for which funds have been appropriated, inclWing Ne reNrn of the Equipment at your expanse. \ ~ , ,~'~L~t~B - Date annex ieper o n y erk) Pat Tinley Kerr County Judge jpieper@co.kerr.tx.us r~lame Title Email address Catherine Petry 042 Account rep District office PBGFS acceptance `.t.Ci Farm ,Rcr itj i~f') i'3ga>1 GnufluV Vc ndc'I'ihl~y F3owrs inc. ,;~ ,rddlF.n y t f tl -:' for t n -s and rontlVtion, For sand 5 nl Agreement or use of the Equipment, excluding those adjudged to have ~Ilrfsen solely from our gross negligence or willful misconduct. We shall give you prompt written notice of such Claims under this Section made upon us. Further, notwithstanding your obligation to defend, we retain the right, at your expense, to defend, and after consultation with you to settle or compromise the claims and actions. 14. PURCHASE ORDER USE. You may use a Purchase Order to offer to obtain use of Equipment and receive other services, provided however, if a purchase order is issued, none of its terms and conditions shall supplement, amend, modify or supersede the terms and conditions of this Agreement, nor shall any of its terms be incorporated herein and it shall have no effect except with respect to Equipment description, Equipment quantity, Term, requested services, Total Payments and Equipment location (the "Equipment/Service Detail"). Any provisions other than the EquipmenUService contained in a purchase order are hereby expressly objected to. 15. MISCELLANEOUS. This Agreement including the Equipment Service Level Agreement and Equipment Guide, if applicable, constitutes the entire agreement between the parties. This Agreement may not be amended, altered or changed except by a written agreement signed by the parties. If any provision should be found illegal, invalid or void, that provision is severable and should be considered deleted from this Agreement. The remaining provisions shall not be impaired and this Agreement shall be interpreted to the extent possible to give effect to the parties' intent. This Agreement shall inure to and be binding on the successors, heirs, transferees and the permitted assigns of the parties. The tollowing terms and conditions apply to all equipment service level agreements: 1.0 Basic Equipment Maintenance. To obtain service or emergency repair, you must contact PBI for service during its normal working hours (8am - Spm in the time zone where the equipment is located, Monday through Friday, excluding holidays) ("Normal Working Hours") or you may place a nest for service via its website wtvw.pb.com. In addition, you have access remote telephone support through the toll free response center (8 am to 8 pm EST, Monday through Friday, excluding holidays) at 1-800-522-0020. Depending on your Equipment type and at its option, PBI reserves the right to SLG Form (Rev. 5/07) service your Equipment by (a) Service by Replacement with new, reconditioned or remanufactured equipment, depending upon the age of the Equipment and the nature of the performance problem, or (b) On-site service, remote diagnostics or off-site service, including new (or equivalent to new) parts and assemblies replacement needed due to normal wear. Parts or assemblies for discontinued equipment (and/or equipment not marketed as new will be provided only if available. If service is provided for your Equipment by replacement and your problem cannot be resolved over the telephone, PBI will, at no cost to you, promptly ship new, reconditioned or remanufactured equipment to replace your Equipment. Within five (5) days of receipt of the replacement equipment, you must pack your defective Equipment in the shipping carton that contained the replacement equipment, place the shipping paid return address label on the carton and return it to PBI. You are responsible for the value of, and any damages to, the Equipment until PBI receives it. If service is provided for your Equipment by on-site service, remote diagnostics or off-site service, and if deemed necessary by PBI, a service engineer in most cases will be dispatched to arrive at your location for on-site service. There will be no hourly charges unless service is performed outside PBI's Normal Working Hours set forth above. Lubricants and other materials needed to service your Equipment are provided without additional charge. Notwithstanding the foregoing, consumable supplies for all levels of service and printheads for meters, Intellilink® equipment and printers for standard service are not covered by this SLA. Professional services other than those set forth herein are not covered by this SLA. Rate program software for electronic scales and weighing systems is excluded from coverage under this SLA. 2.0 Exclusions. This SLA excludes services and repairs that are made necessary due to negligence or accident, damage in transit, virus contamination and loss of data, use of Equipment in a manner not authorized by this SLA or other applicable purchase, lease or licensing agreement, external forces, use of Equipment in an environment with unsuitable humidity and/or line voltage, loss of electrical power, power fluctuation, operator error, casualty (such as fire, flood, or other natural causes), sabotage, repair or attempted repair by anyone other than PBI, the use of supplies or other hardware or software in connection with the Equipment not meeting PBI specifications, failure to use applicable software updates and/or use of Equipment with any system for which PBI has advised it will no longer provide support or has advised is no longer compatible. 3.0 Term. THE INITIAL TERM OF THIS AGREEMENT SHALL BE A TWELVE (12) MONTH PERIOD OR SUCH LONGER TERM AS MAY BE PROVIDED IN ANY LEASE AGREEMENT RELATING TO THE EQUIPMENT FOR WHICH MAINTENANCE COVERAGE IS PURCHASED PURSUANT TO THIS SLA AND SHALL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE TWELVE (12) MONTH PERIODS (OR UNTIL EXPIRATION OR TERMINATION OF THE LEASE AGREEMENT), UNLESS PITNEY BOWES RECEIVES FROM YOU WRITTEN NOTICE OF TERMINATION AT LEAST SIXTY (60) DAYS BEFORE THE END OF THE INITIAL TERM OR THE THEN CURRENT RENEWAL TERM. SUCH NOTICE SHALL BE PROVIDED TO THE FOLLOWING ADDRESS: Pitney Bowes Inc., 2225 American Drive, Neenah, WI 54956._ All amounts invoiced under this SLA are due and payable to Pitney Bowes upon your receipt of each invoice. 4.0 Modification; Termination. Pitney Bowes may, from time to time, change the services provided under this SLA, modify the terms of this SLA, or terminate such services or this SLA, at Pitney Bowes' discretion, with notice to you. If the equipment covered by this Agreement is moved frorrhtsvngttsat-' oc`f' a--fion, Pitney Bowes may elect, in its sole discretion and upon written notice to you, to revise this agreement to delete the on-site response times set forth in Section 11.0. In the event of such a revision, you will receive apro- rata refund for the remaining term of your agreement reflecting the cost of that additional on-site guaranteed response time service as compared to the cost of maintenance coverage without such response time obligation. Pitney Bowes will advise you, in such notice, if it believes, in its sole judgment, that any such change in services or modification of terms is material. If you receive notice that any such change in services or modification of terms is material, you may terminate this SLA by delivering to Pitney Bowes written notice of your desire to terminate within thirty (30) days after your receipt of such ~ Pitney Bowes rtnorNng thr. ftow of rommunicatlam~ notice from Pitney Bowes. Any such termination by you shall be effective ten (10) business days after Pitney Bowes' receipt of your notice of termination. Your notice must include your Customer account number and, if applicable, your lease number and be sent to Pitney Bowes, by certified mail, return receipt requested, at the following address: Pitney Bowes Inc., 2225 American Drive, Neenah, WI 54956. If you breach any applicable term of [his or any other agreement with Pitney Bowes or any of our affiliates, Pitney Bowes may immediately terminate this SLA. Pitney Bowes may also recover all expenses incurred in enforcing its rights under this SLA, including reasonable attorneys' fees and interest to the maximum extent permitted by law. If Pitney Bowes no longer offer maintenance service for the Equipment or this SLA is terminated by Pitney Bowes or if you have terminated this SLA as provided in this Section 4.0, Pitney Bowes' sole obligation shall be a pro- rata refund of fees paid for the terminated services except if the termination is due to your breach of this SLA. 5.0 Fees. Adjustments to SLA rates will be made only at renewal time. If your Equipment is regularly operated more than one eight-hour shift per day, five days per week, a surcharge will be added to your annual rate. Pitney Bowes reserves the right not to renew this SLA at any time and for any reason including, but not limited to, age of the Equipment or excessive cycle count, or your refusal to pay any amounts due under this SLA. If any payment under this SLA is not made in full on or before its due date, you shall pay Pitney Bowes' then applicable administrative fee assessed on delinquent accounts, including interest from its due date until paid in full, at the lesser of 1.5% per month or the maximum rate allowed by law. Your signature is PBI's assurance that you have the authority to enter into this SLA. Pitney Bowes' acceptance is signified when its authorized invoice is issued or by its acceptance of your payment. 6.0 Liabilities; Warranty. NOTWITHSTANDING ANYTHING TO THE "1NTRARY CONTAINED IN THIS AGREEMENT, PITNEY BOWES KES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY ARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES FURNISHED HEREUNDER. OTHER THAN THE LIQUIDATED DAMAGES THAT MAY BE APPLICABLE TO SERVICE LEVEL AGREEMENTS WITH GUARANTEED RESPONSE TIMES UNDER SECTION 11, IN NO EVENT WILL PITNEY BOWES BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF PBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PITNEY BOWES' LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, IN TORT OR WARRANTY, OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR EQUIPMENT MAINTENANCE PROVIDED DURING THE 12-MONTH TERM DURING WHICH SUCH LIABILITY AROSE WITH RESPECT TO SUCH SERVICE. 7.0 General For your convenience, if you replace the Equipment covered by this SLA, your coverage will remain in effect on the replacement Pitney Bowes equipment (if the equipment qualifies) at Pitney Bowes' then current annual rate for the replacement equipment. If you acquire an attachment to your covered Equipment or add a unit to a covered integrated system, Pitney Bowes will provide coverage for any qualifying attachment or unit and adjust your rate accordingly. If you do not elect to continue coverage on the replacement equipment, you may cancel this SLA within thirty (30) days after the date of your initial invoice, and any further maintenance or repair services provided for your Equipment will be subject to Pitney Bowes' then current chargeable rates for maintenance and emergency repair services. You may have additional remedies available under Pitney Bowes' Customer Satisfaction Guarantee Program as established by Pitney Bowes from time to time. In no event (including under the Customer Satisfaction Guarantee Program) will Pitney Bowes be liable for any damages including any lost profits, or other incidental or consequential damages for nonperformance of any obligations 'er [his SLA. This SLA comprises the entire agreement between us with and to the subject covered, and supersedes all prior statements, understandings and agreements, oral or written, or other documents if they purport to obligate us in any way beyond the terms of this SLA. Purchase orders or any other document that add to, vary from, or conflict with these terms are rejected. The terms of any software license agreement or software maintenance agreement between Pitney Bowes and you relating to the Equipment covered under this SLA shall have priority over the terms of this SLA. Pitney Bowes shall not be held responsible or incur any liability for any delay or failure in performance of any part of this SLA to the extent that such delay or failure results from causes beyond its control, including but not limited to fire, flood, explosion, war, terrorism, labor dispute, embargo, government requirement, civil or military authority, natural disasters, or other similaz types of situations. The Following terms apply to equipment service level agreements with training and equipment service level agreements with guaranteed response time (as elected on the cover page of the lease). They do not apply to basic equipment service level agreements. 8.0 Training Services. You may receive training during the term of this Agreement at a time mutually agreed upon by both parties. Such training will include an overview to the operator(s) on how to use the Pitney Bowes equipment covered by this Agreement. The number of training sessions that are included as part of the annual fees for your service level agreement are as follows: a. mail finishing products (which includes meters and scales) receive up to twenty four (24) training sessions in each twelve month period; b. certain mail finishing accounting solutions receive up to four (4) training sessions in each twelve month period; and c. mail creation products (which includes tabletop folders, tabletop inserters and address printers and the Documatch® mailing system) receive up to four (4) training sessions in each twelve month period. 9.0 Additional covered items. Printheads for meters, Intellilink® equipment and printers are provided without additional charge. The following terms apply to equipment service level agreements with guaranteed response time (as elected on the cover page of the lease). They do not apply to basic equipment service level agreements and/or equipment service level agreements with training. 10.0 Preventive Maintenance. Services. Pitney Bowes shall perform preventive maintenance on the Equipment which shall include maintenance of all non-expendable parts, cleaning, lubrication, and adjustments, when applicable. Preventative Maintenance services shall be performed at regular intervals scheduled in advanced at a time convenient for both parties and based on the manufacturers' recommended preventive maintenance schedules. 11.0 Response time. If Pitney Bowes determines that on-site service is necessary, Pitney Bowes shall use reasonable commercial efforts to have a service technician on-site within four (4) business hours of our receipt of your call to PBI's toll free number in Section 1.0. Pitney Bowes' business hours are Monday through Friday, 8 am to 5 pm in the time zone where the Equipment is located, excluding holidays. You acknowledge, however, that this response time relates solely to the arrival of a technician at your location, and that response time does not indicate the time to resolve a problem. This is not a guarantee of problem resolution during such four (4) hour time period, nor does it guarantee that all parts necessary to make a repair will be on-site within these time frames. In your discretion, you may elect to schedule service at a time outside of the four (4) hour response time set forth herein. Products designated as service by replacement, software maintenance, preventive maintenance, operator training or other services not essential to restore equipment to a functional condition will be scheduled in advance and are not part of the response times set forth herein. 12.0 Liquidated Damages for Failure to Meet Response Time. Pitney Bowes agrees that if it does not respond to your site within four (4) hours of receipt of the request for service, Pitney Bowes will reimburse you a credit SLG Form (Rev. 5/07) Pitney Bowes grrr~?ertng the flow nt rammunicatJnn~~ equal to three (3) months of the cost of the premium associated with the cost of the additional on-site guazanteed response time service as compared to the cost of maintenance coverage without such response time obligation ("Premium") upon your completion of refund form. You may request the refund form from your service technician or by calling the toll free number set forth in Section I.O. Pitney Bowes will then review your request for a refund and shall determine whether a credit shall be issued based upon the information provided by you and a review of its own records. The credits set forth herein are limited to credits for two (2) failures to meet the response time obligations in Section 11.0 in any twelve (12) month period. SLG Form (Rev. 5/07) ~ Pitneyr Bowes ~rglnaerJny the flaw of comrnunicatton^~ EQUIPMENT GUH)E DEFINITIONS. "PBI", "we" or "us" means Pitney Bowes Ina "PBGFS" means Pitney Bowes Global Financial Services LLC. "Bank" means The Pifiey Bowes Bank, Inc. "Party" shall mean each of PBI, PBGFS, Bank or you. "You" and "Your" means the customer. WARRANTY. 1. Warranty. Pitney Bowes Equipment (hereinafter "Equipment"), Rate Software and PROM's are warranted by PBI to be free from defects in material and workmanship and to perform according to their specifications for 90 days from the date of installation. If a defect in material or workmanship or a failure to perform within specifications occurs within the first 90 days after installation, PBI will repair it or, at its option, replace it at no charge. A "defect" does not include the failure of rates embodied in a Rate Update to conform to published rates as a result of carrier rate changes. The perfonnance of services by PBI shall be done in a professional and workmanlike manner. There is no warranty for services and repairs that are made necessary due to negligence or accident, misuse, usage which exceeds manufacturer's recommended usage, damage in transit, virus contamination or loss of data, misuse or abuse, external forces, loss of power, power fluctuation, operator error, casualty (such as fire, flood, or other natural causes), sabotage, repair or attempted repair by anyone other than PBI or the use of supplies not meeting PBI specifications. The warranty does not cover consumable parts or supplies such as belts, ink, ink rollers, sealer and moistener brushes, bulbs, felts and sponges or for parts worn out due to extraordinary use of the Equipment. 2. Disclaimer and limitation on liability. EXCEPT AS STATED ABOVE, PBI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PBI WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE, INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF PBI HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT. By signing this IntelliLinkT"' Subscription/N[eter Rental Agreement, you represent that you have read the '~ f.r--~.. iedgment of Deposit Requirement and are familiar with its terms. You agree that upon execution of this Agreement with PBI, you will also be bound by all terms and conditions of the Acknowledgment of Deposit Requirement, as it may be amended from time to time. USPS ACKNOWLEDGMENT OF DEPOSIT. By electing to lease or use computerized meter resetting system ("CMRS") meter equipment, you must transfer funds to the United States Postal Service ("USPS"), through a lockbox bank ("Lockbox Bank") for the purpose of prepayment of postage on CMRS-equipped meters ("Deposit"). 2. After the effective date of the lease or meter rental agreement between you and PBI, you may, from time to time, make Deposits in the Lockbox Bank account identified as: "United States Postal Service CMRS-PB." The USPS may, at its discretion, designate itself or a successor as recipient of Deposits by you. 3. Any Deposit made by you shall be credited by the USPS only for the payment of postage for CMRS equipment. Such Deposits will be held within the Postal Service Fund at the U.S. Treasury and may be commingled with Deposits of other customers. You shall not receive or be entitled to any interest or other income earned on such Deposits. 4. The USPS will provide a refund to you for remaining postage balances in CMRS equipment. The Lockbox Bank will provide a refund to you for deposits otherwise held by the USPS. These refunds are provided in accordance with the rules and regulations governing deposit of funds for CMRS, published in the Domestic Mail Manual or its successor. 5. The Lockbox Bank, which shall collect funds on behalf of the USPS, shall provide PBI, on each business day, information as to the amount of each Deposit made to the 'SPS by you, so PBI can update its records. 6. PBI may deposit funds on your behalf. The USPS will make no advances. Any relationship concerning advances is ween you and PBI, PBGFS and/or the Bank. 7. You acknowledge that the terms of this arrangement may be changed, modified, or revoked by the USPS, with propriate notice. 8. USPS regulations governing the deposit of funds for CMRS are published in the Domestic Mail Manual or its successor. You shall be subject to all applicable rules, regulations, and orders of the USPS, including future changes to such rules, regulations and orders, and such additional terms and conditions as may be determined in accordance with applicable law. The USPS rules, regulations, and orders shall prevail in the event of any conflict with any other terms and conditions applicable to any Deposit. 9 By engaging in any transaction through the Lockbox Bank, which will have the effect of setting postage through CMRS meter equipment, your activities concerning CMRS are subject to this USPS Acknowledgment of Deposit. INTELLILINK® SUBSCRIPTION/METER RENTAL. Pursuant to United States Postal Service ("USPS") regulations, PBI must own the IntelliLink® Control Center or Meter (which includes the postal security device, the user interface or keyboard and display and the print engine), and you may rent and use ii solely for the purpose of processing your mail, provided that you have a valid USPS meter license and you comply with (i) these provisions and (ii) all applicable USPS regulations. Your rights of use and rental shall be coterminous with your Lease ("Initial Term") and may not be cancelled during the Initial Term. You will be billed the subscription or rental fees set forth in your Lease. After the Initial Term, the use and rental provided for herein may be cancelled by either party upon 30 days prior written notice. After termination, you must return the IntelliLink® Control Center or Meter to PBI in the same condition as you received it, reasonable wear and tear excepted. Your subscription and/or rental fees will not be increased during the Initial Term. After the Initial Term, PBI may increase the subscription and/or rental fees upon 30 days' prior written notice, provided no notice will be given if such increase is being offset by a corresponding reduction in your lease payment. When you receive notice of an increase, you may terminate this use and rental as of the date the increase becomes effective. Your IntelliLink® Control Center and/or Meter may require periodic :ate infom;ation updates that you can obtain under our Soft-Guard® program or you will receive individual rate updates as a separate charge. PBI reserves the right to recover or disable the IntelliLink® Control Center or Meter and/or terminate this use and rental at any time and for any reason. Tampering with or misusing the IntelliLink® Control Center or Meter is a violation of federal law. You must use only attachments or printing devices authorized by PBI and only supplies meeting PBI's specifications. Consumable supplies and postage are your responsibility. From time to time, we may access or download information remotely from your mailing system equipment powered by Intellilink~ technology to provide us with information about your postage usage amounts and patterns. Such information enables us to provide you with the best customer support and information about other products and services that may be of use to you, and some of the access and/or information may be necessary in order to conduct an inspection as required by USPS regulations. Any individually identifiable information that we obtain about you in this manner will not be shared by us with any third parties. From time to time, we may elect in our sole discretion to share aggregate data about our customers' postage uses with third parties. Please contact us if you have any questions about these data collection and/or sharing practices. You will notify PBI prior to moving the IntelliLink® Control Center or Meter to a different location. In order to obtain postage, you must contact PBI's POSTAGE BY PHONE® data center. Postage refill fees, if any, will not increase during the Initial Term but thereafter refill fees may be increased upon 30 days prior written notice. If you participate in any PBI, PBGFS and/or Bank postage advance programs, payment will be advanced on your behalf to USPS, subject to repayment by you under the terms and conditions of the applicable postage advance program and billed separately from your Quarterly Lease Payment. Refunds of unused postage, if any, will be made by USPS in accordance with then current USPS regulations. Your download of postage after receipt of these terms shall be deemed your acceptance. SOFT-GUARD® SUBSCRIPTION/RATE UPDATES. If the Lease includes aSoft-Guard® subscription, PBI will provide up to 6 Rate Updates during each 12 month period following the date of installation of the applicable Equipment. PBI will provide each Rate Update only if required due to a postal or carrier change in rate, service, yip Code or zone change. Your Soft-Guard® subscription does not cover any change in rates due to custom rate changes, new classes of carrier service or a change in Zip 1e or zone due to Equipment relocation. If your order does not include aSoft-Guard®subscription or if you have received the maximum number of Rate Updates under r Soft-Guard® subscription, you will automatically receive Rate Updates or additional Rate Updates, as applicable, at the then-current list price. If you do not elect to purchase aSoft-Guard subscription upon the execution of the Lease, you may purchase one at a later date through PBI's Customer Care Center. There will be no charge for Rate Updates supplied within 90 days after the applicable Equipment is first installed. {0007RR07.2 I (~ Pitney Bowes glnegring the itgw of rammunicatlnm~ PURCHASE POWER CREDIT LINE. 1. Purchase Power Credit Line Works. (a) You may participate in Pitney Bowes' Purchase Power program, by providing the requisite information contemplated by section 8 below and thereafter ordering meter resets, office supplies, or other services, including carrier billing (a service to effectuate shipping transactions) through the Purchase Power program, whichever is applicable (the "Program"). When you or an employee or agent of yours with express, implied, or apparent authority to do so (an "Authorized User"), places such an order under the Program "on line" by telephone or otherwise, your Purchase Power Account, (the "Account"), will be chazged for the amount of postage, products, and services requested and the related fees, if applicable. (b) the Purchase Power credit line is a product of the Bank and is not available to individuals for personal, family, or household purposes. You will receive a billing statement for each billing cycle for which you have any activity on the Account. You must pay the Account balance under the terms provided herein. Payments are due by the due date shown on your billing statement. You may pay the entire balance due or a portion of the balance, provided that you pay at least the minimum payment shown on the statement. In the event of a partial payment, you will be responsible for the unpaid balance of the Account under the terms herein. 2. Deferred Payment Terms. By using the Purchase Power program, you agree that whenever there is an unpaid balance outstanding on the Account which is not paid in full by the due date shown on your billing statement, the Bank will charge you, and you will pay, interest on the unpaid balance of the Account from time to time, for each day from the date the transaction is posted to the Account until the date the unpaid balance is paid in full, at a variable rate equal to the Annual Percentage Rate applicable to the Account from time to time. The Annual Percentage Rate applicable to the Account will be calculated as follows: the Bank will take the highest "Prime Rate" published in the "Money Rates" section of the The Wall Street Journal on the last business day of the month and add the margin disclosed below to the Prime Rate. The Annual Percentage Rate will be adjusted on a monthly basis based on any fluctuation in the Prime Rate. Any change in the Annual Percentage Rate based on the calculation described in this section will become effective on the first day of your next billing cycle. The margin which will be added to the Prime Rate to determirrC the Annual Percentage Rate will be 12.75% (using the Prime Rate in effect as of June 30, 2006, the daily Periodic Rate would be .057534 % and the corresponding Annual Percentage Rate would be 21 %); provided, however, that if you are in default under this Agreement, the margin which will be added to the Prime Rate to determine the Annual Percentage Rate will be 22% (using the Prime Rate in effect as of June 30, 2006, the daily Periodic Rate would be .08287 % and the corresponding Annual Percentage Rate would be 30.25% in the event of such a default) ,The default interest rate will remain in effect for at least six billing cycles. If the Account becomes current and is in good standing for six consecutive billing cycles, the Bank may, in its sole discretion, change the Annual Percentage Rate applicable to the Account to the rate then in effect for accounts not in default.. The Account balance that is subject to a finance charge each day will include (i) outstanding balances, minus any payments and credits received by the Bank on the Account that day, and (ii) unpaid interest, fees, and other charges on the Account. The Bank will chazge a minimum finance charge of $1.00 in any billing cycle if the finance charge as calculated above is less than $1.00. Each payment that you make will be applied to reduce the outstanding balance of the Account and replenish your available credit line. The Bank may refuse to extend further credit if the amount of a requested charge plus your existing balance exceeds your credit line. 3. Account Charges. unless prohibited by applicable law, you agree to pay such fees and charges of which the Bank has given you notice, as the same may be in effect from time to time, including, without limitation, the fees and charges relating to: (a) transaction fees, if applicable; (b) your failure to pay in a timely manner; (c) your exceeding your credit line; and (d) fees attributable to the return of any checks that you give to the Bank as payment of the Account. 4. Account Cancellation and Suspension. The Bank may at any time close or suspend the Account, and may refuse to allow further charges to the Account. No cancellation or suspension will affect your obligation to pay any amounts you owe. 5. Enforcement. If you fail to observe the provisions hereof, the Bank may declare the entire Account balance due and payable. If the Bank is required to take collection action or any other legal action related to your Account, you will be responsible for all court and collection costs and reasonable attorneys' fees. 6. Amendments; Termination. The Bank can -*~end any of the provisions and terms related to the Program at any time by written notice to you. Each time you use the Program, you are signifying your acceptance of .terms and provisions as then in effect. Any amendment will become effective on the date stated in the notice and will apply to any outstanding balance on the Account. one Bank may terminate the Program at any time. The Bank will notify you in the event of any termination. Any outstanding obligation will survive termination of the Program. 7. Miscellaneous. The Bank may accept late payments, partial payments or checks and money orders marked "payment in full" without compromising any rights. The Program and advances thereunder shall be governed by and construed in accordance with the Taws of the State of Utah and applicable federal law. 8. USA PATRIOT ACT. To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, the Bank asks that you provide identifying information, including your address and taxpayer identification number. The Bank may also ask for additional identifying information, where appropriate, including asking that your representative who is opening the Account provide his/her name, address, date of birth, driver's license and/or such other documents and information that will allow the Bank to identify him/her. VALUE BASED SERVICES. 1. Fees. If your lease includes Value Based Services, these services will be made available to you through your IntelliLink® Subscription, and the fees ("Fees") for these services will be included in your Quarterly Lease Payment. Your Fees will not be increased during the Initial Term. After the end of the Initial Term, we may increase the Fees, but we will give you thirty (30) days' prior written notice. When you receive this notice of an increase, you may terminate these services as of the date the increase becomes effective. If at any time you request a change to your Value Based Services, the Fees will be adjusted. 2. Limited Warranty. We warrant that, for a period of ninety (90) days from the date of delivery, the Value Based Services will perform substantially in accordance with their specifications under normal use. This warranty is void if the failure to perform is due to negligence or accident, virus contamination or loss of data, misuse or abuse, external forces, loss of power, power Fluctuation, operator error, casualty (such as fire, flood, or other natural causes), sabotage, repair or attempted repair by anyone other than PBI or the use of supplies not meeting PBI specifications. We are only responsible for maintenance of the performance of the Equipment. Equipment performance will be governed by the warranty terms found in the Equipment Guide. EXCEPT AS HEREIN SPECIFICALLY PROVIDED, THE VALUE BASED SERVICES ARE PROVIDED WITHOUT ANY FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties. Therefore, the above disclaimer may not apply to you. 3. LIMITED LIABILITY. WE WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR BY REASON OF YOUR USE OF THE SERVICES, INCLUDING INCIDENTAL CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Termination. We shall have the right to terminate the services if you breach your obligations hereunder and fail to cure such breach within thirty (30) days after you have been notified in writing of such breach. 5. USPS Provided Services. If one or more of the Value Based Services you selected is provided by the USPS, then the description of those services and the applicable terms for usage can be found in the USPS Domestic Mail Manual as it may be amended from time to time by the USPS. Any fees charged by the USPS for any special service you purchase will be payable by you in the same way that you pay for postage. The USPS is solely responsible for acceptance and processing of customer requests for Value Based Services. We are not responsible for the results of any malfunctions of any part of the communication link (i.e., telephone lines connecting the IntelliLink® Control Center with the USPS data system). If USPS discontinues a service you have selected, we will discontinue such service automatically. ENTIRE AGREEMENT. This Equipment Guide constitutes the entire agreement between the parties as to the subjects addressed in this Equipment Guide, and representations or statements, both oral and written, not included herein are not binding on the parties. tcoo~aaoz2 } Form $~38-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales OMB No. 1545-0720 (Rev. November 2000) - Under Internal Revenue Code section 149(e) r ~eM of the Treasury revenue service Caution: If the issue price of the issue is $100, 000 or more, use Form 8038-G. Reoortina Authority Check box if Amended Return O 1 Issuer's name 2 Issuer's employer identification number KERR COUNTY CLERKS OFFICE 3 Number and street (or P.O. box'rf mail is not delivered to street address) Roomisuite 700 MAIN ST RM 122 4 City, town, or post office, state, and ZIP code 5 Report number KERRVILLE TX 78028-5389 5 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representati~ ( ) Description of Obligations Check if reporting: a single issue U or on a consolidated basis LJ 8a Issue price of obligation(s) (see instructions) ............................................... 8a b Issue date (single issue) or calendar year (consolidated) (see instructions} - ................. . 9 Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s) ........................................................... 9a b Representing a loan from the proceeds of another tax-exempt obligation (e.g., bond bank) ........... 9b 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box ...... ......... - 11 If any obligation is in the form of a lease or installment sale, check this box ................................. ......... -~ 12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box ..................................... -~ Sign Here q-v~n.s 7~ / 14 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. P~ ~rpose of Form .038-C;C is used b~ the rzxuers of entpt govenunental obliFttimts to provide the IKS with the iufonnation required by section l49(e) and to monitor the requirements of sections 14l through 1~(1. Who Must File Issuers of tax-exempt govenunental obligations with issue prices of less than $100.1,)00 must file Form 80.8-GC. Issuers of atax-exempt goveromenttl obligation faith a^ issue price of $ 1011,0(10 or more must file Fonn 8038-G, htfonnation Return for Tax-Exempt Uocenunental OI?IigaUons. Filing a separate return. Issuers ho~'e the option lu file a separate Fnrm 8f138-CiC for am lax-exenlpl governntenlal obligation with an issue pt ice of less than $10(1,0(10. Art issuer of atax-exeutpt bind used to finance construction expendihires must file a separate Fonn 8038-GC fur each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 12 instnictions). Filing a consolidated return. For all tax-exempt goventmental obligations with issue prices of less thou 8100,000 flat arc not reported on a separate Fmm 80.38-C.C, an issuer must file a consolidated information return including all such issues issued within the ealendarcear. Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, th&Y are true, come and co plete. Issuer's oath ri ed representative Date Type or print name and title Thus, au issuer may the a separate Form 8038-(i(: fur each of a number of small issues and report the remainder of small issues issued durutg the calendar year un one consolidated Form 80.18-C;C. However. a separate Fonn 8038-CiC must he tiled to give the IRS notice of the election to pay a pennlty~ in lieu of arbitrage rebate, When To File To file a separate return, file Fonn 8038-GC on or before the ISth day of the second calendar month after the close of the calendar quarter in which the issue is issued. To file a consolidated return, file Fomt 80:8-GC on or before Febniary lath of the calendar year following the year ut which the issue is issued. Late filing. Att issuer may he granted an extension of time to file Fonn 8038-UC under Section .3 of Rec. Proc. 88-10, 1988-I C.B. 63~, if it is determined that the faihue to file on tune-i;rnot due to avillful neglect T}pe ur print at the top of the furnt, "'I1tis Statement Is Subrnittecl ut Accordance with Kea'. Proc. 88-Ill." Attach to the Form 8038- CiC aletter briefly staling why the fumt was not submitted to the IItS on time. Also indicate whether the obligation in question is under examination by the IRS. Ike not submit copies of an}' hood documents, leases, or installment sale doctw7ents. See Where To File below. Where To File File Fonn R03R-CiC, and am attaclmteuts, with the httemal Revenue Sen'ice Center; Ogden, IJ1' 84201. Other Forms That May Be Required Fur rebating arbitrage (or pavutg a penalty in lieu of arhitrage rebate) ro the Federal government. use Form 8038-T, P,rfiitrage Kehate and Penalty itt Lieu of Arbitrage Rebate. For private ncticih' bonds, use Fonn 8038, Information Keturn for Tax- Esempt Private ActitiK Bond Issues. Rounding to Whole Dollars You may show' the money items nn this relam as tt'hole-dollar amounts. To do so. drop any amount less than ~0 cents and increase am amount from 50 to 99 cents to the nest higher dollar. Definitions obligations. This refers to a single ttx-exempt governmental obligation if Form 8(t38- C;C is used for separate reporting ur to nniltiple htx- exempt govenmtental obligations if-tlte fcttnt is ttsed-for consolicktted reporting: Tax-exempt obligation. This is a land, installment purchase agreement, ur financial lease. on which the utterest is excluded from income under section 103. Tax-exempt governmental obligation. A rtx- esentpt obligation that is not a pria~tte activity bond (see below) is atax-exempt govenuneutal obligation. This utcludes a bond issued by a qualified. volunteer ire deparhneut under section 150(e) Private activity bond. This includes an obligation issued. as part of an issue in which: • More than 1(1% of the proceeds are to he used tilt env private aclivitc busutess use. and Cat. No. 641088 Form 8038-GC (Rev.11-2000) ^Folm 8038-GC (Rev. 11-2000) ' t.~^re than 10% of the payment of principal or of the issue is either (a) secured by an i~rl in properh~ to he used for a prig-ate business use (or payments fin' such pmpertvj or {b) to be derived tiom payments for propene ('or borrowed nx~ney) used for a private business use. It also includes a hood. the proceeds of touch (a) are to be used to make or nuance loans tother than loans described in section IA II'c)12)) to persons other Than governmental units and (b) exceeds the lesser of >% of the proceeds or x5 million. Issue. Generally, obligations are treated as part of the same issue only if they are issued by the same issuer, on the same date, and as par[ of a single transaction, or a series of related transactions. Hotyever, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a "deco'-down loan°) or (b) tyith a teen not exceeding 270 days, may be treated as part of the same issue if the obligations tyre equally' and ratably' secured under a single indenhue or loan agreement and are issued under a common financing arrangement le g., under the same official statement periodically updated to reflect changing Etchtal circumstanced. Also, ti,r obligations issued under a ch'aty-dotyn loan that meets the requiements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if till of the amounts to be advanced under the draty-dotvrr loan are reasonably expected to he advanced within 3 years of the date of issue of the first oh' ,rion. Likewise, obligations (other than actn•i[y bonds) issued under a single went that is in the Yorm of a lease or inshdhnenl sale may he heated as part of the same issue it all oC the property covered M' that agreement is reaumablc expected to he delivered ~t ithm ; rears of the Date of issue of the first obligation. Arbitrage rebate. (ieneralh~, interest on a state or local bond is not tax exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from ineesting proceeds of the bond in higher yielclutg nonpurpose int'eshnents. See section 148(tj. Construction issue. This is an issue of tax-exempt bonds that meets both of the following conditions. t. At least 7~% of the available construction proceeds of the issue are to he used for construction expendihtres with respect to property to be owned by a governmental unit or a >01(c )13) organization. and 2. All of the bonds that are part of the iss^t,e are qualified ~01(c)(3j bonds. hands [hat are not private aclicil} bonds. or private activity bonds issued to finance property to be owned by a govennnenhil trait or a >O1(c)(3) organization. Iu lien of rebating anc arbitrage'~2t ma}' be owed to the United States, the issuer of a construction issue racy make an i'revocable election to pay a penalty. The penalty is equal to 1 % of the amount of construction proceeds that do not meet certain spendutg requi'emeuts. See section 1a°'^~4j(C) and the Instructions for Fonn 8(138- Specific Instructions In general, a Fonn 8038-CiC must be completed on the basis of available information and reasonable espectntions as of the date the issue is issued. Hutt-ever, forms that are filed on a consolidated basis racy he crnupletad on the basis of information readihi available to the issuer at the close of the calendar year to ttitich the form relates, supplemented by estimates made in good faith. Part 1-Reporting Authority Amended retum. If this is an amended Form 8038-GC, check dte amended return box. Complete Part I and only those lites of Fonn 8038-GC that are being amended. Do not amend estimated amounts previously repotted once the actna] antouuts are determined. (See the Part II itstnnctions below.) Line 1. The issuer's name is the name of the entity issuitg the obligations, not the name of the entih receiving the benefit of the financuig. In [he case of a lease or' installment sale. the issuer is the lessee or purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should appl' fur one on Fonn SS-4, Application for Employer Identification Number. Tlus farm may he obtained at Social Security- Administration offices or by calling 1-80O-TAX-FC1RM. If the EIN has not been received b~ the due date for Form 8038-GC, write "Applied for" in the space for the E1N. Line 5. At3er the preprinted ~, enter two self- desigrra[ed numbers. Number reports emtsecutively during anc calendar year (e. g., i34. 53>, etc.). Part II-Description of Obligations Line 8d. The issue price of i~bligations is generally determined under Regulations section 1.148-1(h). Thus, when issued for cash, the issue price is the price at trhich a substantial amount of the obligations are sold to the public. To deter'utite the issue price of an obligation issued fur property, see sections 1273 and 1274 and the related regulations. Line 8b. For a single issue, enter the date of issue, generally the date on which the issuer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) fiords; for a lease or installment sale, enter the date interest starts to accn~e. For issues reported on a consolidated basis, enter the calendar rear during trhich the obligations were issued Page 2 Lines 9a and 9b. For line 9a, enter the amount of the proceeds that twill he used to pay principal. interest, or call premium o^ any other issue of bonds, including proceeds that twill he used to food an escrow account for flux ptu'pose. Both line 9a and 9b may appl}' to a particular obligation. For exmnple, report un line 9a and 96 obligations used to rehuxl prior issues which represent locus from the proceeds of another kix- exempt obligation. Line 11. Check flux box if property other than cash is eschmtged for the ohiigation, e. g., acquiring a police car, a fire truck, ur telephone equipment through a series of monthl' paynreuts. (This t}'pe oT obligation is sometines reY'erred to as a "municipal lease.") Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the Fonn of cash, even if the term "lease" is used in the title of the issue. Line 12. Check this box if the issue is a construction issue and an irrevocable election to pay n pennlR it lieu of arbitrage rebate has been ,nude on er before the date the bonds there issued. The penalty is payable with a Form 8038-T for each 6auonth period after the date the bonds are issued, Do not make mty payment of penal[}' in lieu of rebate with Form 8033-GC. See Rev. Yroc 92-22, 1992-1 C.S. 736, for rules regarding the "election documeut.'~ Paperwork Reduction Act Notice We ask for the information on this form to cam' out the Internal Revenue laws of the United Slates. You are t'equired to give us the information. We need it to ensure that you are canplying with these laths. Yon are not required to provide the it&mnation requested on a form that is subject to the Paperwork Reduction Act wtless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generalh. tax rehuns and return information are confidential, ns required by section C,103. The time needed to complete and rile this form varies depending on individual circumstances. The estimated average time is: Learning about the law or the form .....................1 hr., 58 min. Preparing the form .................3 hr., 3 min. Copying, assembling, and sending the form to the IRS ...........16 min. If you have comments concerning the accuracy of these tune estimates or suggestions tiff making this form simpler, the would be happy' to hear Yiom you. You can tyrite to the Tax Forms Committee, Western Area Distribution Center. Rancho Cordova. CA 937}3-0601. Do not send the form to this address. Instead, see Where To File on page 1. ,J' ~~,P,r,' K,P,rr Co•~uhty Cll~rr~v Too Mcuwstreet, StPi.' 122 x~•w~ r~ Tsozs ~°' Fr o~ Date: May 13, 2008 TO: Leigh Ann Battle, Senior Area Sales Executive Pitney Bowes, Inc. Phone: 1-800-322-8000, ext. 76756 Fax: 1-203-617-3096 FROM: Cheryl A. Thompson, Chief Deputy Phone: (830) 792-2259 Fax: (830) 792-2274 Attached is postage machine contract renewal. TOTAL PAGES INCLUDING COVER: 9 REMARKS: IF YOU HAVE ANY PROBLEMS, QUESTIONS OR THIS TRANSMISSIONS IS ILLEGIBLE OR INCOMPLETE, PLEASE CONTACT US AT (830) 792-2255 Thank you, ~ p ~a s09 $d ~, $66,~a~,,3~57 PLEASE SEND BILL/PAYMENT TO: JANNETT PIEPER KERR COUNTY CLERK 700 MAIN ST KERRVILLE, TX 78028 Page 1 of 1 Jannett Pieper From: Catherine.battle@pb.com Sent: Friday, May 09, 2008 2:39 PM Subject: ""*NEW EMAIL ADDRESS"**'` Hello Everyone! As most of you already know, I got married on April 5, 2008. I am sending this email to inform all of you that my last name has changed from "Petty" to "Battle". Consequently, my email address has changed to catherine.battle@pb.com. If you wish to contact me by email in the future, please use my new email address. My voicemail, fax number and cell phone number remain the same. I hope you all have a fantastic weekend! Leigh Ann Battle Senior Area Sales Executive Pitney Bowes, Inc. V: 800.322.8000 x 76756 C: 210.883.7751 F: 203.617.3096 www.pb.com ,,aa W~ ~~~~ ~~~~ ~/Wt- $DO-jz2~ x/33 5/12/2008 Pitney Bowes Engineering the flowof communication'" PAT TINLEY KERR COUNTY CLERKS OFFICE 700 MAIN ST STE 122 KERRVILLE TX 78028-5389 Date: May 20, 2008 Rental Account No: 8591687 407 Thank you for your order and the opportunity to serve your company. Pitney Bowes and Pitney Bowes Global Financial Services LLC (PBGFS) are dedicated to your total satisfaction and are committed to providing you with the finest products, backed by the highest quality care and service. PBGFS is pleased to acknowledge acceptance of your offer to utilize our Term Rental Agreement program for your Pitney Bowes Equipment needs. If you would like a copy of the fully executed agreement, including a duplicate set of terms and conditions, please call 800-288-2357 . To expedite the process, please have your Customer Account Number listed at the top of this letter available. Shortly, you will receive your first invoice. Our records show that you agreed to the payment schedule (which includes the deferred interest), shown below. Please review this information at your earliest convenience and contact us at 1-800-288-235?, if you have any questions. Equipment Description: MAILING SYSTEM Equipment Location: 700 MAIN ST RM 122 KERRVILLE TX 78028 Deferred Interest: $1, 419.00 Payments Frequency Total Payment First 48 Monthly $282.00 * plus applicable sales and use taxes. Please note that your invoices will be sent to the mailing address of this letter. Return all remittances to: Pitney Bowes, P. O. Box 856179, Louisville, KY 40285-6179. Our office hours are 8:00 a.m. to 6:00 p.m. Eastern Time. If you have any questions or comments, please call us at 1-800-288-2357. Sincerely, Richard Gabris Government Operations Manager JUN Q 4 2008 2? Waterview Dr. Shelton Connecticut 06484-4361 800-288-2357