ORDER NO. 31434
SERVICE AGREEMENT WITH CAD SUPPLIES SPECIALTY FOR PLAT
SCANNER
Came to be heard this the 14th day of September, 2009, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Service Agreement with Cad Supplies Specialty for Plat Scanner for the County
Clerk's Office.
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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: September 14, 2009
SUBJECT: (Please Be Specific)
Office: County Clerk
TIME PREFERRED:
Consider, discuss and take appropriate action to approve the service agreement with Cad
Supplies Specialty for the plat scanner. (same agreement as last year with no increase in
fees)
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: Jannett Pieper
ESTIMATED LENGTH OF PRESENTATION: two minutes
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 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.
Make sure any and all back up material is attached to this form.
#31434
CAD SUPPLIES SPECIALTY agrees to furnish, and the undersigned Client agrees to accept and pay for the following
the equipment listed below subject to the following terms and conditions.
A. Name: Kerr County Clerk
Address: 700 Main St.
N/A
Kerrville TX, 78028
Contact: ***Jannett Pieper
Telephone No.:
Email: jpieper@co.kerr.tx.us
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: 67i{2233D
D. Effective dates: ~/1/09 ~ to 6/30/10 "'
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E: Monthly Base $ 75.00
Maintenance Charges-LF $ .065
Optional Toner-LF .035
Optional Paper-LF .06
Total Cost LF .16 Initial
(Charges are billed monthly)
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I certify that the equipment on this document has been inspected and meets CAD Supplies Specialty specifications to be
by this agreement.
CAD SUPPLIES SPECIALITY Inspection Representative DATE:
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
have read this Agreement, understand it, and agree to be bound by its terms and conditions. Further, the Clien!
agrees that this Agreement, and any Supplements referencing, signed by all parties will be through complete a
exclusive statement of the Agreement between the parties, superseding all proposals or prior agreements, oral
written, and all other communications between the parties relating to the subject matter of this agreement.
CAD SUPPLIES SlGNATU ~ `~- r DATE: ~ ~ I O°
on
CLIENT SIGNATURE: DATE: ~~~
Al)DITONAL TERMS AND CONDITIONS TO THE CAD SUPPLIES SPECIALTY SERVICE AGREEMENT ('.
1. Maintenance Service Provided ~
1.1 CAD SUPPLIES SPECIALTY agrees to provide maintenance services during the period speafiad in this Agreement to keep the equipment in or restore equipment to good working order.
1.? The maintenance service atiligations extend only to the equipment listed on Page 1, SeGion C d thrs Agreement.
1,3 Maintenance services will be performed and provided by CAD SUPPLIES SPECIALTY during the'Prirtcipal Period Maintenance' (hereafter'PPM") which shall mean the period between th hours of 8
a.m. and S p.m. local lima Monday through Friday, exGuding recogn¢ed holidays.
1.4 CAD SUPPLIES SPECIALTY wile perform maintenance services on an utsG,eduled basis rotten notlied by the Client that the equipment ksxropereble. CAD SUPPLIES SPECIALTY'S goal is call back
wilhit one day and an on-site visit based on the service level of the contract.
1.5 Maintenance services wig include replacement parts deemed necessary bJ' CAD SUPPLIES SPECIALTY. All parts wiN be famished on an exchange basis and vriN be new standard parts parts of
equal quality. CAD SUPPLIES SPECIALTY shall have no obligation to replace expentlaDle Nems such as printer ribbons, bath, print heads, magnetic media, paper supplies and similar pply items.
End-d-life replacement parts are also excluded. Replaced parts removed from the equipment become the property d CAD SUPPLIES SPECIALTY wlftart charge to CAD SUPPLIES SPE tALTY.
2 CAD SUPPLIES SPECIALTY offers one type d service:
2.1 Parts and Labor/On Ske
Maintenance and repair will be provided at Client's loption described herein during Vie PPM. AU labor and parts are inducted.
3. Responsibilities of Client
Client shall promptly notify CAp SUPPLIES SPECIALTY d wvered equipment falue and thereafter akow CAD SUPPLIES SPECALTY to use such faGllies, features and other equifunent , sistent with
Client's natnai busvtess praetiee, at no charge, in the reasonable opinions d Client and CAD SUPPLIES SPECIALTY necessary in order to enable CAD SUPPLIES SPECIALTY to perform the servi s
hereunder. To faGiftate CAD SUPPLIES SPECIALTY'S performance under this Agreement, Client shall pravitle reasonable facikties such as, but rat limted to ware storage space, a designated rk area
with adequate heat and light, and across to a telephone line in accordance with Client's tors"tress
praGice. TFtese facilities era to be provided upon the request d CAD SUPPLIES SPECIALTY. Thr shout the
terms d the Agreement, CNent shall control the env'vonmenf condliar>s according to industry standards.
Tha Chem agrees that they shall have the sole responsONity for backup procedures and safeguarding the software ant data during service work performed by CAD SUPPLIES SPECIALTY. AD
SUPPLIES SPEC WLTY is not liable for software damage due to any outside factor, i.a., software virus.
0. Exctusiona
4.1 AN mairttenartce service obligations d CAD SUPPLIES SPEC41Ll'Y ttareuder are contir>~nt upon the proper use of the equipment. CAD SUPPLIES SPECIALTY shall De render no oblige ', to
famish maintenance service: (t) tt malrttenance, adjustmen, repair ar parts replacement H required trecause of acadent, del6er'ete aa, rteglaG, misuse, taikre d electrical power, aircoral- ' . pg,
humidly r:ortboi, transportation, or causes other than ordinary use; ar (2) tt Nte equipment is meinteired ar repaired by aemeona other than CAD SUPPLIES SPECALTY personnel, wlhout t prior
written ~provai d CAD SUPPLIES SPECIALTY. k maintenance service ware required as a resuN of causes statetl above, such repairs weal be made at CAD SUPPLIES SPECIALTY'S d' etion and
at ft's applicable per caN rates and terms then in etfeG.
4.2 Makttenartce service also does rmt include or cover: (1) Opefatirg suppler or accessories, painting or refxtistring the equipment or ftrnistring d materials far this purpose; or (2) Eiedricat work external
to the equipment. or maintartartce d accessories. alterations, attaGanents or other devices or services cortrteded with rebcetion d equipment not orginaky specifx;aly stated herein. I
4.3 CAD SUPPLIES SPECIALTY shall not be deemed to be in defauk d any proviagn hereof or be liable far any delay, failure in periarmartce or irttenuptiort d service resWtrg from acts d Coq; civil or
raillery catastrophes, transportation delays, inability to obtain materiels a parts frrxn suppliers, or other forces beyond its tBasortable control.
4.4 All equipment, which 's to tre,,,s~,~ to his Agreement, must be irtspeded by a CAD SUPPLIES SPECALTY teduriaan prior to the commencement date d this Agreement. Any equgxttem pals
pertonned by CAD SUPPLIES SPECIALTY to bring the equipment to satistttctory rnndkion shall be biked at the per call rates and terms then in efleIX. Client shale pay the inspection charge t forth on
the reverse side d this Agreerttent.
4.5 Maintenance services requred because d improper installation d the equipment k the equipment is not installed try a CAD SUPPLIES SPECIALTY employee shall rttlt be indude0 under thi
Agreement and will ba billed et the current terms and rates then in effect.
4.8 Service calls responded to tlue to operator error or software related problarrts, wiN be blued ai the terms and rates then n effect.
5. SutrcontracL
CAD SUPPLIES SPECIALTY shall have the right to sub-contraG any or aN d its responsibilities hereunder to one or more sub-contractors, but this ahaN rid relieve CAD SUPPLIES SPECIALTY pF is
responsibilities trader this agreement. '~,
6. Umitatbns and Warranty. ~, ~
6.1 Warranty.
AN materials, supplies, parts try other Products sr,tpplied under this agreement are provided by CAD SUPPLIES SPECIALTY trt an'as is' basis. The manutacttrers d said materials, suppf ;parts and
other products may provide wartartties for then pradttrxs. CAD SUPPLIES SPECUU.TY does not warrrmt Utat any mt#ariai, supplies, parts a other products will meet Client's requirements, tx at the
operation or use d em' materials, st4rplies, parts and other products wiN be uninternyHed or error free. CAD SUPPLIES SPECALTY makes no warranties, express or implied, including, but limited to,
the implied warrertties a merchantability a fitness for a particular ptrpose.
6.2 Limitations d Remedies.
CAD SUPPLIES SPECIALTY'S entire Iiebiiily and Client's exdwive remedy for damages from arty cause whatsoever, including, but not kmilad to, nonpertonnance or misrepretserxatbn and ardless of
the lorm d action, shall be limted to fire total service charge paid by Cliem hereunder. This limitation d liairilky wiq not apply b clams tar personal injury rr damage to targibb property cau by CAD
SUPPL~S SPEC WLTY'S negNgence. In no event wNl CAD SUPPLIES SPECIALTY be liable for damages caused try Client's delberete acts d negligence or tar speGal inGderttai a cons ial
damages, lost profits, bss d use of equipment, loss d stared memory and ar data, cost d sttbstisde equpment or other down tune coat® even l CAD SUPPLIES SPECIALTY has been d the
possibiNty d txtGr damages, or for any clekn against CNent by any other party. Some states have laws that require warranty and li>~ifly rights different from those stated herext. In such states itxr
minimum required wenartty and liability terms shell apply.
7. ModNicationorAtnencOmnL
No motlification or amen~rtent of this Agreement will be binding on ei0ler pony artless in writvg and signed by an taAtror¢ad representative d office d each party.
8. Ttarrsfsr d Equipment
In the event that the equipment on Pape 1, Section C d this Agreernerl is subsegttantly removed fran the original location to artott>ar location, then such equipment shall be exckrded from the sot
Ittis agreement begirxring on the date d ks removal, any provisions far service d equipment at bCehen other than the loc~on stated tut Page 1 Sedron C, must be made in writing, signed b bottt s and
attached to the Agreement. k reinstallation services are required as a resale d causes stated above, such repairs will be made at CAD SUPPLIES SPECIALTY'S disaetiort and at ks applicable pe P 1 refer and
terms then in effect.
9. Software Maintenance.
This agreement does not cover maintenance andior damages d software paGUges, whether acquired from CAD SUPPLIES SPECIALTY or any ottter sotrce.
10. Charges
The charges for the service offering(s) selected by Chant are sd forth on Paga t, Section E, order Total. Client shed pay dos amount in fuN upon the exeaAion d the Agreement. In the event y sum of
money owed by the CNent under this Agreement is not peltl when due acrd remains unl~id for ten (10) days, CAD SUPPLIES SPECIALTY tray add a service charge equal to the lesser d (1)1.1125% month
on the past due amount; or (2) ttte ttigttesf contrtxxttal rate albwed by law.
11. Torras and Terminiion.
1 t 1 Ttris a~eetnent shall t>e effective from the Service Commencement Date and shall continue for the term specified on the reverse side hereof.
11.2 In hie event any sun d money owed by Client is not paid when due std remains unpaid for thirty (30) days or more, or lClient defaults in the parfonnance d any ottrer obligation under this '.
Agreement, CAD SUPPLIES SPECIALTY may terminate this agreement by giving the Client ten (10) days notice. '
11,3 CAD SUPPLIES SPECIALTY may imrnetliately termir>are this Agreement by wrfUen notice to the Client and may regard Ckrxtt in defauN d this Agreement d Client becomes insdvent, male b general
assignment for the benefl of credlors, fires a voluntary petition for trtrtkntptry, stA}ers or pertnlts the eppoinvnent d a receiver for ks business assets or becomes subject to any proceedings er any
baritruptcy or insolvency law, or has would up liquidated, vohrlarily ar otherwise. If any d the above occurs, CNent shall immediately notify CAD SUPPL~S SPECIALTY d such oaxtrrertca. '
12. Assignment
This Agreement is not assignafrle by Client wlhout the prior written cartsent d CAD SUPPLIES SPECIALTY. Any artempi by Client to assign any rights, duties, or obligations which arise under his
Agreement, wlhout CAD SUPPLIES SPECIALTY'S consent, shah be void.
13. Jurisdictbn.
Ttas Agreement w entered into and shall be governed and construed in eCCOrdttnce wktt the laws, the State Commercial Code ('UCC') d Texas. in the evert d any inoonsisttrncy between t1CC and
this Agreement, the Agreement shall prevail. By the exealtian d this Ageement, the Client agrees to be tiubject to the jurisdictim d the Coats.
14. General.
14.1 This agreement, together with all attachments or documents referenced herein, contains the solos agreement d CAD SUPPLIES SPECIALTY and Client on ttre subjad matter d service to
pertontrad hereunder. No representation, inducement, promise, negotiation or agreement; sal a etharwise not corrteinad trereirt shell be d arty tofCe a effect.
14.2 This agreement supersedes sIl prior meint agreements end understantlings between the parties and may not be charged or terminated oreky end may rid be assigned by Client.
14.3 Ttus Agemement shah rtot Ire eflecfive until approved by CAO SUPPLIES SPECUU.TY.
14.4 No delay or faikre d eittrar pony in exercising any right hereunder, and ro partial slrtgle exercise d such right(s) shalt be deemed a stlrstittle to the waiver d such right(s). If any provisicn of Ntis
agreement is hakl to be Invalid, illegal or txtardorceable, the rerttainYrg provisoro shall rtevarttteless continua in fuu force and effect without being knpaired or invaldated in any way.
14.5 t! either party neglects a fails to perform arty d Its abNgatbns txtder this Agreement and such taiitre stroll contntte for a period d twenty (20) days after written rwtice thered, the outer party II have
the right to tertninete this Agreement.
14.6 All written notices required to De given try ekher party to the outer ruder this Agreement shall be addressed to the CAD SUPPLIES SPECIALTY locator designated herein and addressed fo t Client at
the address desigrtaled in Section A d this document. Suit shall be deemed received given five (5) days attar postmarked by the Untied States Postal Service, certified, velum receipt ragtrast
14.7 No term or provision t19i9df shall t>8 deemed waived and rto breach excused unless such waiver a consent shall be in writing and signed by party Calmed b have waived and consented.
14.8 Ciienl shell Ire responsible for ttvw, payment d all taxes in axvtectian wkh this Agreement.
14.9 in the avant that CAD SUPPLIES SPECIALTY retains an altorrtey to enforce any provision d this Agreement, Client agrees to pay the reasonable tee thered