~,~ ~~ a~ o~~.-~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bob Wilson MEETING DATE: November 9, 2009 OFFICE: Toshiba TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on request from Bob Wilson for an explanation as to why the Commissioners' Court chose the IKON copier contract over the Toshiba copier contract. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Bob Wilson ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter SS 1 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. 5:00 PM previous Tuesday `, TOSHIBA BUSINESS SOLUTIONS Texas 10231 KOTZEBUE * SAN ANTONIO, TX 78217 (210) 357-2600 * (800) 292-1151 November 9, 2009 Commissioner's Court County Courthouse Kerr County Kerrville, Texas 78028 Members of the Court: I wish to address the recent copier award for the Commissioner's Court by the Commissioner's Court! I obtained a copy of the "new" signed agreement! Included in this letter is a copy of your signed agreement and a copy of my proposed agreement which clearly shows that "I WAS LOWER"! I was assured by Ms. Grinstead that I met all the purchasing criteria and by Judge Tinley that the County wants to pay the least amount possible for these services! Respectfully, I wish to ask: 1) For an oral and written, itemized account as to why I being the "LOWER PROVIDER", could not earn the Kerr County Taxpayer's Business! 2) What the purchasing criteria for Kerr County is! Thank u! Joh Robert (Bob) Wilson ount Representative 20 YEAR EMPLOYEE Toshiba Business Solutions 10231 Kotzebue San Antonio, Texas 78217 (800)-292-1151; Cell Direct: (210)-269-7797 t , ~ ~ '~ ~ 70231 Kotzebue BUSINESS SOLUTIONS San Antoni°' Texas 782, 7 Phone: 210.357.2600 New Mexico Fax: 210.357.2630 Texas i his document is written in'Plain English.' The words Lessee, you, and your refer to the customer. The words Lessor, we, us and our refer to Toshiba Financial Services. Every attempt has been made to elirninale contusing language to create a simple, easy to-read document. ~~ ~ ~~ ~. APPLICATION NUMBER I AGREEMEh11 NUMBER • ~ ' i' ' ~ Legal Company Name: Kerr County, Texas Fed. Tan ID tl. Contact Person: Jody Grinstead Bill-To Phone: Bill-To Fax, Lulling Address: 700 Main Steet City, State-Zip: Kerrville, Texas T8026 Equiprnenl Location: (if City, State-Zip: different Irom above): ~ ' • Contact Name: Subsidiary Location: !t • • 1 ~ ~ ITEM DESCRIPTION ;:.: . , ` ` ` S'ER(AL NUMBER lKRTtNG METER 1. Toshiba e-Studio351c w! RADF, Electronic Sorting and Stand 1 2. 3. 4. ~- ___ / ~ 5. ,--- r ~ ~ ., Ehcl-of-L'Case:Optiorisi I :, Number of Payments: 60 0( ~ 192.00 ' Ycc~ v.~ll have the follov,5ng options at end of your origu~a Security DeposiC $ - ^ ReCeiVed Icrm provid°d tiw Lurie hasholtdrml of deh utt tinder tlk Lease has occurred lod oarfyand no even and is continuing Payn>znt includes: 10,000 88W Images Per Month Excess Images at 0.00909 Per B8W Image . ~ ' , d ,, Payment includes: 0 Color Images Per Month Excess Images at ~ 6020 Per Color Image Purchase thr Equipment at Fair Mar 1 . k~t Value Excess Images Billed: ^/ Monthly ^ QUdrLBrly 2. Ronew the Lca; 3 Docwnenlation Fee: $75.00 (included in First Invoice) Lease payment period is monthly unless otherwise indicated. 3. Reium Egwpmenl THIS IS A NONCANCELABLE /IRREVOCABLE AGREEMENT. THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED. ~"~ Toshiba Financial Services Signature: X Title: Date: First Name: Signature: X Title: To induce us to enter into this Lease, the undersignedjointly and severally unconditionally guarantees to us the prompt payment when due or an tessee~s oougauons ro us under me pease, we ww nor oe requuea ro proceeu agaursr rr lessen or the Equipment or enforce any other remedy before proceeding against the undersigned. The undersigned agrees to pay all reasonable attorneys tees and other expenses incured by us by reason of default by lessee or tY undersigned. The undersigned waives notice of acceptance hereol and of all other notices or demands or any kind to which the undersignedmay be entitled. The undersigned conseNS to any extensions or modifications granted to us ar the release and/or compromise of any obligations of lessee or any other obligors and guarantors without in any way releasing the undersigned from his or her obligations hereunder. The obligations or the undersigned shalt continue even u,e lessee Decomos insolvent or bankrupt or is discharged Irom bankruptcy, and the undersigned agrees not to seek to ba repaid by lessee in the avant the undersigned ~nust pay us. This is a continuing Guaranty and shall not be discharged or affected by death of the undersigned, shall bind the heirs, administrators, representatives, successors and assigns of undersigned, and may De enforced Dy or f. the Denebt of any assignee or successor of us. Tne undersigned and we waive insolar as permitted by law any trial by jury for any action between Ne parties. Print Nan>e of 1st Guarantor. Signature: X Date: Print Name of 2nd Guarantor: Sgnature: x Date: TSF - {0,{0 1 0l 2 TBS LEASE WITH MAINTENANCE AGREEMENT-CUSTOMIZABLE 1051606 ~~~ P empt: ^ YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. wl, etcJ Addendtun(s) attached: ^ YES (check if}~es and indicate total number ofpages: __) r{~ , -- 1, i ~~,~ wl ~ , , ,, „ ~; ~ - ~ ~ . t ;, ~+, ,, ~r ~, ~, Product Schedule Number: State and Local Government blaster Ayreement Number: Doctament i~fficienGy A RICOH COMPANY This Image Management Plus Product Schedule ("Schedule") is made part o the Stale and~oc 1 Govemrent Master Agreement (°l4taster Agreement") identifred on this Schedule between IKON Office Solutions, Inc:. ("wc" or "us") and n ~f_f/__ as Customer ("you"). All terms and condi ions of the Ivfaster Agreement are incorporated into this Schedule and made n part hereof. [t is the interuof the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CIJSTONIER INFORMATION Customer (Bill To) /` ,L Product Location v~ l`l a ~ ~Clr Address ~ rlddreas 7db /Prat. ~ ~F _ City ~trytt` County t rj State '~~(' Zip 'Z~028' City County Smte Zip Cast r Contact Name: Cost n~~ clop one Number: F ti Nu ber/E-mail Address: ~d r+ hs c.•d ~a ~ as ! t ~ a ~ ~-~ r~ nnn>ItnT TCCl~DiDTIr1N /rtPrndurfc~~l nvYV., x ,.....,~..~.......~.. ~ _ ... _.._-_ ~ entity Equi .meet Descri lion: Make Model, & Serial Number __,_ uanti __ _ ui runt Descri lion: Make, D9odel & Serial Number too d _ De V1W FNT CC'1-i F.IlI11 .F: Minimum Term (mos): Cost For Image Cost of Additional Images $ ~ n b ~ GDIa/ Guaranteed Minimum Monthly~/QQuatter1y10ther lmages D cdl' ~' __ __ Meter ReadingBitling For Additional Images Monthly. -- Minimum Payment Whhout Tax $ ~~? J Payment Dtte: fonthly ~Qttarterly ther Advance Payment (with taY): $ Nrq" Apply tolst Payment Other { p n~uarterly Other TERMS AND CONDITIONS 1. The first Payrtient will be due on the Effective Date. Tlx deliveery date is to be indicated by signing a separate acceptance form. 2. You, the mtdersigned Customer, have applied to us to use the above-described items ("Prodtrcts'~ for lawful commercial (non-consumer) purposes. THIS IS AN UNCOYDITIONAL,NON-CANCELIBLE AGREEHiENT FOR THE MI;VI~11Ub3 TERi•t INDICATED ABOVE. if the accept this Schedule, }rou agree to use the above Product(s) on all the terms hereof, including the Ternts and Conditions on the Master Agreement. 'I'RIS HILL ACKNOR'LEDGE THAT TOIJ IIAS'E READ AND UNDERSTAYD THIS SCHEDULE A1~'D THE l1tASTER AGREEh1ENT AND HAVE RECEIVED A COPY Ol: PHIS SCHEDUI-E AND THE i4WSTER AGREEhIENT. 3. Image Char¢esr~eters; in reurrn for die Minimum Paymertt, you arc entitled to use the number of Guaranteed Minimum h4onthly/Qratrterly/Otlxr Images. ff you use more than the Guaranteed Minimum MonlhlylQuarterly/Other Images in any monthly/quarterlyiother period, as apphcable, you tt~ll additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If the determine that you have used more than 20°/. over the manufacturer's recommended specifications for supplies, you agree to (wry re:uonahle charges for those excess supplies. The meter reading frequency is the period of tithe (monthly, quarterly, semi-annually or annually) for which the number of images tiled will be reconciled. The ureter reading frequency and corresponding additional charges, if any, may lx different titan the Minimum Payment frequency. You wit] provide us or our designee with the actual meter reading upon request. If etch meter reading is not received within 7 da}~s, x~e may estimate the number of images used. Adjustments for estnnatzd charges for additional images wilt be made upon receipt of actual miter readings. Notwithstanding any adjushnent, you will never pay less than the Minimum Payment. 4. Additonal Provisions (if aoy) err: _. ___ _-. -- THE PERSON SIGNING TF{IS AGREEDIEt~'T ON BEtLALF OF T[IE CUST011ER REPRESENTS TIiAT HE/SHE HAS THE AlIf1;O1ZITY TO DO SU. CUSTOMER ~' IIiON Office Solutions, loc. ;;!X~ ~ TI.I~~'~1~~•1 y Lat,:,~'PWV t X Title: Date tithexized~ ~ -C'~~ Authorized Signer V + _~~tTIN(~`( tAuthorized Signer's printed name) (Authorized Signer's printed name) 1-S$S-.9SIi-IAOrV r+~+r+v.iko++.carr I~(1~ (?tiic~~ tivlutiout and Ila?N~ Doruai:nt Lfticirnc~ ;\t t ,r1; u ~ A Pi~alr C'orntr.~m are tra~k~ua 4s r,t IKb\ OCli:e Solutions. tnc tiicuh:u h + r -cuter •d tradenr.2r:~ of l:icah Coitip;ur.. L!... ~. i Thank You far Providing i #~ '~k of Dedication ~ Commitmen# ~ ~ ~_ f~ ' ~: .. ~ 1 i ~ i