ORDER NO. 31816 COPIER CONTRACT FOR CRIME VICTIM SERVICES /INDIGENT HEALTH DEPARTMENT Came to be heard this the 13th day of September, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4 -0 -0 to: Approve new Copier Contract for Crime Victim Services /Indigent Health Department, subject to Item #4, with payment subject to appropriated funds, and in the event funds are not appropriated, it will not be a breach of Contract. \. 8 110 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Rosa Lavender OFFICE: Crime Victims Coordinator MEETING DATE: September 13, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to ratify and approve a new copier contract for the Crime Victim Services /Indigent Health Department. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) No NAME OF PERSON ADDRESSING THE COURT: Rosa Lavender 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 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday 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. Make sure any and all back up material is attached to this form. • III, e Document Efficiency ManageMentil i'luiii tt l66ethi L Dumber State and Local Government Master Agreement Number This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Gov Master Agreement ( 'Master Agreement-) identified on this Schedule between IKON Office Solutions, Inc. ("e" or "us') and Kcra / /- -a.( Q'{` as Customer ("Customer or "you "). All tei ms and conditions of the Master Agreement are incoipot led into this Schedule and made a part hereof. 11 is the intent of the parties that this Schedule he separately enforceable as a complete and independent agreement. independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION Cus omer (Bill To) tilling Contact Name - 70o iv f 0 Pnxluct fa >`atian Address Bitting Address (rfA�eremfrom bunion ndAressJ 4- {fr rear TY 7b - Gty County State Zip City County State hip Billing Contact Telephone Number lllin Contact Facsimile Number Billing Contact E -Mall Address 71a-`a -?71 lo)zj2-Eft / /syr kyle 4 0 her- •ac PROM ICI' DESCRIPTION ( "Product ") Qty 1 Product Descripboa. Make & Model Qty , Product Description Make & Model - -- c ! R i f-s t kl, a-ffb PAYMENT SCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment montlrs) (WadwW Tat) Et Monthly © 1' Pa © Quarterly C 1 °S Last Payment ( 4 p 7 © other C other A0 _ ....... Guaranteed Minimum Images"' Cwt of AJdilionol lnwpcx° Meter Reading/Billing Frequency Cohn _.., ek/ hBe. Color C Monthly Quarterly 1 {000 0 . NP✓i ' Based upon Marianna Payment Billing Frequency ° Based upon standard 8 %'• x 1 I" paper size. Paper sizes greater than 8 x 1 1 "may count as more than one image _ Sales Tux 8 sempt: [ YES (Attach Exemption Certificate) Customer Billing Reference Nun thee (P.O. R, etc.) Addendum(s) attached: C YES (check if yes and indicate total number of pages: ) - TERMS AND CONDITIONS 1. 'fhe first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above - described items (1' oduer) for lawful corn meKial (non- consunterl purposes. T1115 IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT 1 TILE MINIMUM TERM INDICATE') 4 ROVE- if we accept this Schedule, you agree to use the above Product on ail the terms hereof; including the'rerms and Conditions on 1hp f -FSB ASK IKOA' irate ikon. corn Muter Agreement. 1111S WILL ACKNOWLEDGE TFIAT l OL HAVE READ AND UNDERSTAND TItIS SCHEDULE AND FILE MASFER AGREEMENT AND IHAVIt RECEIVED A COPY OF TI11S SCHEDULE AND THE MASfEft AO12EhMEN 7. b nane (harees/Meters: In relllrn for the Minimum Payment, you are entitled to use the number oCerMaranteed Minimum Images as specified in Ole Paymeot Schcdute of lhis Agreen1111 The Meter Reading/Billing F tequcmny is the period of time (monthly, quarlels etc.) tar which l he number or a%:me ihed ss ill lie reconciled F 11cu i use more pun the Gnaranl l d Minnrnni !maims d*iw th selecnx[ Metio Kcadioe /Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified In the Payment Schedule of this Schedule for images, black and while aodior color, which exceed the Guaranteed Minim Images ("Additinna1 Images "). 1' he charge For Additional Images is calculated by multiplying Ilse number of Additional images times the applicable Cost of Additional ! mages. The Meter Reading/Billing Frequency 013y he different than the Mlnin)mn Payment 'Billing Frequency as specified in the Payment Schedule of this, Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, Or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is no/ received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s) Notwithstanding any adjustment, you will never pay less than the Minimum Payment 4. Additional Provisions (if any) are: Tit E PERSON SIGH INC 11115 AGREEMENT ON BEHALF OF THE CI omER RLI'It ESE :NTS THAT I I l'/SI IE HAS THE AUTHORITY 101)0 SO. CUSTOMER Accepted by: IKON OFFICE SOLI TIONS, INC. Hy x. HV _ Authorized Signer S1sndime Auth need Signer Signature Printed Name: Printed Name: Talc Dale Lille: ._._ Date: • 1- 888 -,ASK IKON rwnr.,Erm.cnm d . =r Oucunient Efficiency ' A ' , icon cowAgr The helow service conanitmenls (collectively, the "Service Commitments') are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its pr ncipal place of business et 70 Valley Stream Parkway, Malvern, PA 19355 PROW), one of the largest distributors of office solutions in the world The words "you" and "your' refer to you, our cuslanr'. You agree that IKON alone is the pony to provide all of the services set forth below and Is fully responsible to you, the customer, far all of the Service Commitments. The Service Commitments are only applicable to the equipment ('Equipmerr) described in the Image Management Plus Product Schedule lo which these Service Commitments are attached, excluding tacetmie machines, single- lundion and wide - format ptlules and production units The Service Commitments are effective on the dale the Equipment is accepted by you and apply during IRONS vomit rashness hr rsexchalirg and IKON teccgntzed holidays t hey rern,in et c c.r O. MISii sum TNNt ■h SSs9 vs 110 0,10 du „..ell o :s ing! ryhni. if The Imago Management Minimum Payment and the Cost of Additional Images, as described IKON is committed to perfuming these a Sery te Commitments and agrees to perform As on the Image Management Pius Produd Schedule, will nal increase in price during the services in a manner consistent with the applicable manufacturer's specifications- If IKON tais Minimum Term of the Image Management Plus Produd Schedule, unless agreed to in rotting lo 'noel any Service Commitments and in the unlikely even: that IKON is not able to rep r the and signed by both partes. Equipment in your office, IKON, a1 IKON'S election, will provide to you ether the delivery ol;a t r trAt e qt.G Pc n urttp5 temporary loaner, for use while the Equipment is being repaired at IKON'S service center, hr IKON will provide full coverage mafntenence services, including replacement parts, drums, IKON vdll replace such Equipment with comparable Equipment of equal or greater capability Et lobar and all service MI5, dung Normal Business Hours. °Normal Business Hours' are ne additional Marge. These are the exclusive remedies available to you under the lmade between 8:00am and 5:c prn, Monday to Friday excluding public holidays. IKON will also Management Plus Commitments Customer's exclusive remedy shall be for MON to re-pertain provide the supplies required to produce images on the Equipment covered under the Image any Services not to compliance with Ibis warranty and brought to IKON'S atientor in wriddg Management Plus Product Schedule (other Than non metered equipment and sofrnelered within a reasonable time but In no event more than bhidy (30) days after sod Services ate Equipment). The supplies will be provided according to manufacturers specifications. Optional performed - If you are dissatisfied with IKONs performance, you must send a registered letter supply items such as paper and transparencies aro nut induded outlining your concerns to the address specified heresy in the "Quality Assurance' secliop ' COrtherelthiNi Please allow 30 days for resolution IKON will provide a quartedy average response lirne el 2 to 6 business hours for al service cur ° , MN; ` ='i • calls located within a 30-mite radius of any IKON once, and 4 to 8 business hours for service Your IKON sales professional will, upon your request, be pleased to review your equipment calls located within a 31 -60 mile radius for the term et the Image Management Flus Product performance metrics on a quarterly basis and mutually convenient date and time IKON hill Schedule Response time is measured in aggregate for all Equipment covered by the Image (alloy up within 8 business hour; of tali or e-mail to one of our account rnonagemerl leaky Manegema Plus Product Schedule members requesting a metrics review. IKON will, upon your request, be pleased to annually u h 'il u t review your business environment and discuss ways 0 whist we may improve effiriendsry aCi 'Nl IKON will service the Equipment to be Operational with a quaderly uplime average of 96% and reduce costs relating le your document management processes during Normal eusiness Hours, excluding preventative and interim maintenance lime taut ii; t SI Downtime will begin at the Noe you place a service call to IKON and will end when the Please send all correspondence relating to the SeMce Commitments via registered letter in Equipment is again Operational. You agree to make the Equipment available to IKON ter the Urally Assurance Department located at 3920 Arkwrighl Road, Macon, GA 31210, Aliq: scheduled preventative and interim maintenance- You further agree to give IKON advance Quaky Assurance The Cualily Assurance Department MI coordinate resolution of airy notice of any mound and specific *monads you may have so that IKON can schedule with performance issues concerning the above Service Conmilments with your kcal IKON eftice . you interim and preventative maintenance in advance of such needs. As used in these Service If either of Inc t Response The or Uptime Performance Commitments is net mel, a onF tim Commitments 'Operational" means substantial compliance Alb the manufacturers credit equal In 3% of your Minimum Payment Invoice total an the nmFpadcrming unit will hp specifications andlor performance standards and excludes customary end-user corrective made available upon your request Credit requests must be made in wntng via regittereP actions letter to the address above IKON is committed to responding to any questions regerdi� stm ' h = !.K it s ;the erenesseif s 1l 1Sr( °. invoiced amounts for the use of the Equipment relating to the Product Schedule within inaWye At any time 2her the expiration of the initial ninety day period of the orignal lens of the Image (2) day limeharne lo ensure fee most teneyfeganseplease 0811- 888 -ASR 18018 Management Plus Product Schedule to which these Service Commitment relate, IKON will, upon your metres!, review your image volume. If the image volume has moved upward or These Service Commitments do not per repairs resulting from misuse (including ti'nthoilt downward to an amount sufficient for you Id consider an alternative plan, IKON will on a limitation improper voltage or environment or the use of supplies Mal do not ceilorm to the quarterly basis, present pricing options to conform lc a new image volume If you agree that manufacturers specifications), ubjecive matters (such as color reproduction accuracy) dr additional equipment is required to saltsfy your increased image volume requirements, IKON any other fader beyond the reasonable control of IKON- IKON and you each acknowledgk will include the equipment In the pricing options. The addition of equdpwnenl andlor that these Service Commitments represent the entire understanding of the parties win respegt in :ceases /decreases to the Guaranteed Minimum Images requires an amendment to the Subject matter hereof and that your sOe comedy for any Service Commlbnenle nrjl t'Amendment') to the linage Management Pa_< Product Schedule That must be agreed Is and performed in accordance w51h the foregoing m m as set forth under the section hereof entilieel signed by both you and IKON- The Amendment may nal be Tess Than the remaining term of 'Performance Ccmrniment'. The Service Commitments made herein are service andk4 the costing Image Management Plus Product Schedule MP may be extended for a teen up to maintenance warranties and are not produce warranties. Except as expressly eel forth nereirj, 60 months. Adjustments to the Guaranteed Minimum Images commitment andla the addition IKON makes no warranties, express or implied, including any implied warranties tit of equipment may result in a higher or lower minimum payment. Images decreases are hinted merchantability, fitness for use, or - fitness for a particular purpose. Neither parry hereto shall to 25% ol the Guaranteed Minimum Images in effect al the time of Amendment he Gable le the other for any mrnseteential, indirect punitive or spedal damages. Thesk Service Ccmmihnents shall be governed according lo Inc taws of the Commonwealth ql At any time after the expiration of ore -half of the anginal term of the Image Management Plus P ennssivenia without regard to its conflicts of law principles. These Servtee Commitments are Product Schedule to which 'hese Service Commitments relate, you rnay reconfigure the nal assignable by the Customer. Unless of ervrise staled in your Implementation Schedule, Equipment by adding, exchanging, or upgrading to an item of Equipment with additional your Equipment will ONLY be serviced by an IKON Peddled Technician You ecknm•Aedgf features or enhanced loulmology. A new linage Management Pka Product Schedule or and agree Thal, in connection with its performance of its obligations under tress Service Amendment for not less Than the remaining lens of the existing Image Management Phis Commitments, IKON may place automated meter reading units on anaging devices, Including Product Schedule or Amendment, must be agreed lo and signed by you and IKON. The Image but not limited to the Equipment, al your location in order to facilitate Pie bluely and efciere Management Cwt c' Additional Images and the Minimum Payment of the new image collection of accurate meter reed data en a monthly, quenedy or ensile) bas's. IKON aoneei Management Plus Product Schedule or Amendment will be based on any obligations that such units null he used by IKON solely for such purpose. Once transmitted, all meter road remaining cn the Equipment, the added equipment and new image volume cornmtlnneni Your data shall become the sole property of IKON and will be utilized for biting purposes. IKON Account Executive yell be pleased to work with you on a Technology Refresh prior to the end of your Image Management Plus Product Schelde or Amendment IN WITNESS WHEREOF, Oath prey has caused Is duly authorized officer to escente these Image Management Pun (ommitanenIs ni of 20 Cl ;s i'OOIER IKON 0<11(1< SOLUTIONS, INC Ryer: HT_ Name Name I itter Tine- Data: !lard ?hr. t •nor hot,;, _ -ems , u.n:. .tit ,._- vat d_., - .1 ru Work Order- US n : IKON Office Solutions, INC. il pt 0> Document Efficiency i _ e 1 P _ tsar „, Base Fq Model # Base Eq Serial # !Email Address of PS Rep Date of Servsce6 Customer must already he an IKON customer to use this form without being part of the SFP Wen n ...._._... __.. _......._._..._s. _ .., _i Bill ToCust No.: Pymt Method: Ship To Customer No.: PO O No No: PO Date: Bill To Customer: Kerr, County Of Ship To Customer: ',. Address: 700 Main St Address: ' ` City: Kerrville State: TX Z110 i/80213 s.hy: ip y. Customer Contact: Dawn Lantz Title: Manager Phone: (830) 792_2239 IKON Sales Rep: Brady Wells Phone: (210) 403 -4826 MPS /FSM/SAM /SAC: SC: __ SC -C: SNSSA: . Description of Services Professional Services Provided Connect Svc Tech - Segment 2 (21 to 30 !rpm) e Design anal pertmm sor1GOn Ior pnum onlallon plan o IlistoA and sonde minter interlace a Assist o.- locsr in coonpaNg In lion neheol _ o Insult and soup 5lnl ntlue0iPPO's on nuts txv (A vwads'n I inns a P01oIw operator haining Ior lend op0ralor i administrator o Ere] user training far Ninl devursePPO's for up to iris (2) Pe0000 • — Task j eIKON Code OMD Code _ Oty Price Ext, Price Notes: 1 _ . 1 IPSCO002 WPWVOO 1 512500 512500 pa NO Add�lisnel GOSI 1 a 1 t Total Price: 1 312&00 11 00 000 ,0, Order shalt he efeclke as of rte dale of minden hp bulb EKON and Customer. Its sign ul below, rhe onders ion drenry¢rrlthat1hey are drily authorized to enter into Ills 'Vora Order no 1 ka ndeor Ibeix nspedFx enitlicc j COSIt)NIER - IKON OFFICE SOLUTIONS, INC. _ l WY:S71,11 By: pia: None_ Tat Title, H (We Date: its 'PERMS AND CON 00f IONS The pc Gsmance by 10014 of the Services desco 00:1111 this Work Order is subject 05 and shall ho gummed solely by the following 0 :0111 and conditions: - C s over engages I0ON l0 perform the services described in this Work Order (the Services"). Cleanses to the scope of the Services shall be made 0012 in 0 wT,1ten changeorder signed by both parties 101i1V shall hove no obligation m commence work in connection with any charge until the fee and +or schedule inquct of the clrulge and all other applicable terms are agreed upon by both parties in exiting. 1008 shall provide the Smite at the Customer Iscsi00 0a Forth herein or on a rent ate basis. Inconsideration of to Services hereunder, Cusmmn shall pay 100N the Service fees in the amounts and w the rases set forth above. Customer shall pay all amounts payable to IKON hereunder within thirty(30)days of the dale of the invgx submittal by IKON II 100N 115 Otto IiIOeO collection or usfonement efforts, Customer shall be liable for all costs thereof, including, without limitationoeaenolole attorneys fees 'n] late charger_ IKON may suspend or terminate Services fir non-payment. Customer shall ire responsible for payment of any applicable taxesarising is eomnection with the transaction contemplated hereby pother than with respect to the income of 10011). Customer shall provide 000N with such access to its facilities, nrlwrrks and systems as may he reasonably necessary for I00N to perform its Services_ Cnsmmer acknowledges Ilml 160N's performance of the Services is depnldoll upon Customers timely and et etive nn&Pmw¢1 of its responsibilities h oemlder Euless connect lvi]Y services are r specifically ideni ilea In the Task and Description section of this Work (Oder as part of the SSo: vices to be peel'camed by 100N, 100N shall have no obligation 6r perform and no responsibility for the connect inn of any hardalme re sofswrc m any Customer network or system. IKON shall perform its Services to 0 professional manner IKON is net the m(1m1 faclnru of Any of the software, tools andel products Utilized in connetion with Ills Work Oder. IKON shall, however, mike arellobie to Customer any warranties nlode to 100N by the manolitdnrcrs of software, tools moor products uhlized by 000N 01 connection wide its Soviees hereunder, to the extent uwaa4r a ble and without recourse EXCEPT AS EXPRESSLY SE 0010100 HEREIN, IKON MAKES NO kh ARRAN FIB, EXPRESSED OA IIlE01111), INCLUDING WARRANTIPS OF MERCHANTABILITY, OR HINESS POR A PARTICULAR PURPOSE, IN CONNECTION 00(0 ]1 rills WORK ORDER AND THIS f12ANS;ACTI1NS CON1001PI d;fr.D HEREBY M NO 00.;Nf SEI001. IKON BE 010010 10 CUSTOMER FOR AN INDIRECT, 51110000.011 CONSFQIrchn I Al 000{A(IES OR LOST 0000015 ARISING OUT OF OR RELATED TO 50115 WORK ORDER OR TOL PERFORMANCE OR BREACH HEREOF, 013007 110 0511 IF IKON IRS BEEN 0000500 OP THE POSSIIIILI']Y 1'IEl:RR00. 1001'5 LIABILI50 TO CD5TOMpd1 HEREUNDER, 10 ANY, SHALL IN NO E0E7Nf 0X01101) TIUF. 101AI 00 1116 00E5 PAID TO IRON HERE IVD0R E5 01050011i 0 11 10 1201705: 5110 Lb IKON BE 01001 P. 10 CUSTOMER 1-013 0115 00h10018 RESULTING FROM 013 RLI A I F) TO 050 03100RE 00 TOP SOFTWARE, 0 0 0 1 1 1 1 lit rt NOI' LIMITED 1 o, Loss OF DATA, A, OR DELAY 001)0IICERY OF S0.RF KPS UtaDER (IRS WORK ORDER IKON ASSUMo S NO00LIG TO PROVIDE (1121535 0 VI AN 1I0IRUS OR SIMILAR sonumw. AND 0(0035COPIi 01 SER0003 0011500 PI AIEI) 11E0E05 DOES NOT (Nell IDE ANY 50)0118E0310ES. I reps for p0 pou. of this Work Order, IKON shall 0 0 1 0 0 , 0 00 1 1 00 1 0 1 0 0 1 0 5 proprietary or cool dunioi Customer dam dsrisod from its Services hereunder_ presided, hone. ti, that 10011 mnv tise genii& statistics wising to the So s iee nwa.lenolt so long ns it does not ashes_ the identity o40niomer or make any reference to any information nom which Om identity of C1stomer may he reasonably ascertained. Custoloer agrees that during the torn of the Scl vices and for a period of one (I7 year alley termination thereof. it s11511 not diravl0 Dr indirectly solicit, hire or (Ilrwise retains all employee or independent contractor any employes of 1006 that is or was uelved welt er pmt .11 the Ser vices This Work Order nprc0oIo the ntir ngnartille111 flaeul the parties relnlin to the subject mailer !refuel and superseded all prim understandings, atitinps. proposals. representations or communications, owl or 11Tilteir, aleither pals This Wolk Order may lie imocal1 only in sailing executed by the authorized repntmnta10Ves of both parties. Ant. purchase order, service order or 011ie Ci sic oriel mdatne deame n 1 1101. modify r affect this • Work Or der, not have any ether legal anted. and shall serve nn is, the purpose of identifying the .c.vicr ordered this Work Order may not be trnsfen ed or assigned by Customer vithout ilre • prim' Milted 00010tot 01100N. This Work Order shall be interpreted in numb-moo with the substantive lasses of the Commonwealth of Pennsylvania, without Fuld to p1 inc ples ofson Picts of Ins, The rsOhonsip of the ponies is riot of independent con0avlers. IKON shall not to responsible for and shall Ibeexcused from per.nnnwtce or hese reasonable additional pc lolls of time to pagan its obligations ahcle it is delayed or pr evenla1 from pclorming any of ,to obligations for reasons beyond IKON'' rcasonnblecontrol, including without luniatinn, seta of God natural Jsolos0 labor disputes, vibes err unavailability of services, personnel cc lnatelc6 This 031,11 Order is separately cube m3complete and independent &ruling athrbernunt. independent of all other Work Oros of any By sikoiri g the Customer acknowledges and accepts the toms and conditions 01 this Work Order, and confirms that the undmsµfni has the necessary poser's and authority to toter into this Work Oda on hcrCf ofCmlomer. . 07. }� y . 2.00 III �m t11a�°' lftli ffi 1 111 1 OF 1 IMAGE r,l 1,t iKON Document Efficiehcy Manage en ; ; : � � t At Work' ... _tr -mcx. C+ n,... ..x 'cr Ra. < _. AaICONCU AHY Product Schedule Number: I State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Agreement ( "Master Agreedtent ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and Krer, r'ie-nh4 d't , as Customer ( "Customer" or "you "). AB terms and conditions of the Master Agreement are incorpprated m ed into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Master Agreement. CUSTOMER INFORMATION K card, da f �-- Cust omer (Bill To) Billing Contact Name 7 Mat.- 51 6 + 4 107 Product Location Address Billing Address (if dii feremfrom location address) rrwi(r rr� TY 78& t City County State Zip City County State Zip F— i Billing Contact Telephone Number Byll Contact Facsimile Number BIIJ)'ng Contact E-Mail Address a ) ?IX "1R7/ a� }f7'- Of / �tOI s'er r r � Go. kerr. t ..0t I PRODUCT DESCRIPTION ( "Product ") Qty Product Description: Make & Model Qty Product Description: Make & Model t Kq. J .Wp aff0 1 f PAYMENT SCHEDULE ' Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment (months) (Without Tax) 12 Monthly ® 1" Payment Quarterly I" & Last Payment 4 7 v Pi ® Other El Other SA ,, ■ Guaranteed Minimum Images" Cost arAddit Images° Meter Reading/Billing Frequency j InEraallill Color Color g Monthly I Quarterly i ilia 0 •Ol - N/4 Omer: F • Based upon Minimum Payment Billing Frequency °Based upon standard 8' /:" x 11 "paper size. Paper sizes greater than 8 7:" x 1 I" may count as more than one image Sales Tax Exempt: i YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: ❑ YES (check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above - described items ( "Product ") for lawful commercial (non- consumer) purposes. THIS IS AN UNCONDITIONAL, NON- CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including tbe Tenns and Conditions on The t... ° c° „`>or 1- 888 -ASK IKON www.ikon.com SI.O PSI 1?0J0 IKON OIacc&,Iunamw and lxON O. ralci.ug d1R'.1'./a aiaah( "p0" v.°4Can1., or IKON na K.4�ni,' 1 rz,o,b i,c myi"ered uxlanvI. or U hCm,ipai'rW r.o, 11,12 • • Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Charges/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/BillOg Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of iris Schedule for images, black and white and /or color, which exceed the Guaranteed Minimum Images ( "Additional Images "). The charge or Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Me er Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automaged meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is that received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the num r of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading ®. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions Of any) are: THE PERSON SIGNING THIS AGREEMENT ON BEHALF Of CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER Accepted by: IKON OFFICE SOLUTIONS, INC. • By: X Alle ) B y : Au oozed Signe Signature Authorized Signer Signature Printed Name: Printed Name: Title: Date: Title: Date: I-888-ASK IKON www.ikon.com A G Is-IMP u21(11 I:ON Solimrti and DO IN Document 01'c' A Wort k -A RTO' Pomp valeark< of IKON Mice &nowt Ir. Re l is a Lgiocrod umlrnsl of R` I. Comic., LW Po,c1 11 (9N DocumentEffcioicy IKON OFFICE SOLUTIONS, INC. At We IMAGE MANAGEMENT PLUS COMMITMENTS nemxcawin The below service commitments (collectively, the 'Service Commitments) are brought to you by IKON Office Solutions, Inc., en Ohio corporation having its principal place of bushes at 70 Valley Stream Parkway, Maivem, PA 19355 ( one of the largest cistibutors of office solutions in the weld. The words 'you" and your refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and Is Fully responsible to you, the customer, for all of the Service Camniknents. The Service Conunilmen* are only appkcable to the equipment ('Equipment') described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single - Function and wide -banal printers and production units. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your pad. • TERM PRICE PROTEC flee PERFORMANCE COMMITMENT The knage Management Minimum Payment and the Cost of Adctional Images, as described IKON is committed to performing These Service Commitments and agrees to perkier its on the knage Management Pte Produd Schedule, PI not increase in price during the services In a manner consistent with the applicable manufacturer's specifications. N IKON lads Minimum Temp of the knage Management Plus Product Schedule, unless agreed to in aiding to meet any Service Commitments and in the milk* event that IKON is not able to r the and signed by both parties. Equipment k your office, IKON, at IKONs election, will provide to you either he there of a EQUIPMENT SERVICE AND SUPPLIES temporary loaner, fur use while Ole Equipment is being repaired at IKONS service con r, or IKON wig provide full coverage maintenance services, inducing replacement pads, drams, IKON v4l replace such Equipment with canpaable Equipment of equal or greater cape y at labor and al service earls, dung Normal Business Hours. 'Nam& Business Hours' are no additional charge. These are the exdus ve remedies evadable to you under the age between 8:00en and 5:OOpm Monday to Friday excluding public hoklays. IKON wall ohm Management Plus Commitments Customers exclusive remedy shell be fur IKON to rep provide the supplies required to produce images on the Equipment covered rider the Image any Services not in carwfance with this warranty and brought to Mats attention in Ong Management Plus Product Schedule (other gran non- meered equtnnent and soft - metered wihin a reasonable time, but in no event more than thirty (30) days after such Serv' are Equipment). The applies vA8 be provided according to manufacturer's specifications. Optional performed. If you are dissatisfied with IKON's pert niance, you must send a registered tier supply tens such as paper and transparencies am not included. outdoing your concerns to he address specified below in the 'Quaky Assurance' s lion. RESPONSE TIME COMMITMENT Please allow 30 days for resolution. I IKON will provide a quarterly average response time of 2 to 6 buskess hours for all service ACCOUNT MANAGEMENT I calls located within a 30-mile radius of any IKON office, and 4 to 8 business hours for service Your IKON sales proessi eal Ml, upon your request be pleased to review your equip`nenl cads keeled v*in a 31 -60 mole radius M he lean of he knage Management Plus Product performance metrics an a quadedy basis and mutually convenient date and time. IKON MP Schedule. Response lime Is measured in aggregate brad Equipment covered by the Image follow up within 8 business hours of a cal or e-mail to one of our account management team Management Plus Product Schedue. members requesting a metrics review. IKON volt, upon your request be pleased lo anduatly UPTIME PERFORMANCE COMMITMENT review your business environment and discuss ways in which we may improve elficiekies IKON will service the Equipment to be Operational with a quarledy uptime average o196% and reduce costs relating to your document management processes. dldg Normal Business Hours, exdudng preventative and interim maintenance time. QUALITY ASSURANCE Downtime MII begin at to erne you place a service cad to IKON and vM end when the Please send al correspondence relating to the Service Commitments via registered to Equipment Is again Operational. You agree to make the Equpnenl available to IKON tar the Quality Assurance Department located at: 3920 Arkwrighl Road, Macon, GA 31210, sin: sdieduled preventative and 'interim maintenance. You further agree to give IKON advance Quality Assurance The Quality Assurance Department all coordinate resoMion any noire of any aka and specific uplink needs you may have so that IKON can schedule Mlh performance issues concerning Me above Service Commitments Mh your local IKON ce. you interim and preventative maintenance in advance of such needs. As used In these Service If ether of tie Response Time or Uplkne Performance Commitments is not mot, a o time Commitments 'Operational' means substantial compliance vAh the manufacbrer's credal equal to 3% of your Minimum Payment invoice total on he noreperfceming wt be specifications and/or performance standards and excludes custanary end-user corrective made evadable upon your request. Credit requests must be made in writing via re • ered actions. letter to the address above. IKON Is committed to responding b any questions reg 'nit IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS invoked amounts fur the use of the Equipment relating to the Product Schedule within in two At any time ate he expiration of to initial ninety day period of the odpinal Inn of the Image (2) day timeframe. To ensure Ile most limey response please calf 1- 888- ASK-NOM Management Plus Product Schedule to which these Servce Commitments relate, IKON Mk, MISCELLANEOUS upon your request, review your image volume. If the image volume has moved upward or These Service Commitments do not cover repairs resulting from misuse (including n • damwad in an amount sultdent for you to consMe an alternative plan, IKON win, on a lineation improper voltage or environment or the use of supplies that do nal confirm ' the quatedy basis, present pricing options to conform to a new image volume. If you agree that manufacturers specifications), subjective matters (such as color repeddction accure•) or add0onal equipment is required to satisfy your kcneased image volume requirements, IKON any other factor beyond the reasonable caned of IKON. IKON and you each at • -die PI indude the equipment In the pricing options. The adlekon of equipment andla that these Service Commitments represent the entire understanding of the parties with • sect increases/decreases to tie Guaranteed Minimum Images requires an amendment to he sued mattes hereof and that your sole remedy for any Service Carnmihnem not ('Amendment') to the Image Management Plus Product Schedule that must be agreed to and performed in accordance with the foregoing is as set forth under the section hereof a 'tied signed by balk you and IKON. The Amendment may not be less than to remaining tens of 'Performance Commitment'. The Service Commitments made herein are serve d/or the existing Image Management Plus Product Schedule but may be extended for a term up to maintenance warranties and are not product warranties. Except as expressly sel forth rein, 60 months. Adjustments to the Guaranteed Minimum Images commitment and/or the addition IKON makes no warranties, express Of impaled, Inducing any inked wara* -. of of equipment may result In a higher or barer minimum payment. Images decreases are limited merchentabely, fitness for use, or fitness for particular purpose. Nether parry hereto shall to 25% of the Guaranteed Minimum Images In effect at the lime of Amendment. be Gable to Oe other for any consequential, indirect, punitive or special damages. ese EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION Service Commitments shag be governed according to he laws of the Cammonwea of Al any time after the expiration of one-half of he aigind term of the Image Management Plus Pennsylvania without regard to Its conflicts of law principles. These Service Commilmen - are Product Schelde to which mesa SeMce Commitments relate, you may reconfigure the not assignable by the Customer. Unless otherwise stated in your implementation Sc : • le, Equipment by adding, exchanging, a upgrading to an item of Equipment with additional your Equipment will ONLY be serviced by an IKON Certified Technician'. You ark • - ea features or enhanced technology. A new Image Management Plus Product Schedue a and agree drat, In connectice with Its performance of its obligations under these S. ce A be used Commitments, IKC* may place automated meter rearing units on imaging devices, iicglding Amendment du not kiss than t, remaining s be term a tide existing you a Management age but not limited to the Equipment, al four location in ceder to batiste the timely and efficient Product Schedule or Amendment must be agreed a and signe by nine tno M new Image collection of accurate meter read data on a monthly, quarterly or annual bads. MMON epees Management Coss of duc S h Images Amendment to Minimum Payment of the new Mona tend Management Pins Product Schedule or Amedmenl Md be based on any obligations that such units w1used by IKON solely for such purpose. Once transmitted, ale me read remaking on the Equpment, the added equpment and new image volume mnmdrnent. Your data shall become he sole property of IKON and will be utilized for billing purposes. IKON Account Executive MII be pleased to work with you on a Technology Refresh prior to she end of your Image Management Plus Product Schedule or Amendment. IN WITNESS WHEREOF, each party has caused Its duly authorized officer to execute these Image Management Plus Commitments as of , 20 . CUSTOMER - i IKON OFFICE SOLUTIONS, INC. , i By:____ - "' _ — • Na me: _ Name: - Title: __- _ _ Title: Date: Date: INIPCO2. 10 IKON Office Sololiossi and IKON. roc tat E0iciw, At WetkLIA loon Cowan, as u ',knurls oll6 01The Solulmos.l N -h ".r rselsomrl vakma,l, 01 minor, C npa,y, 1 W York 'km Work Order - US • IKON Office Solutions, INC. 11 KP N Document Efficiency At Wo rk.`" I Base Eq Modell Base Eq Serial* 'Email Address of PS Rep I Date of Services: At Work. Customer must already be an IKON customer to use this form without being part of the SFP Bill ToCust No.: Pymt Method: Ship To Customer No.: PO No: PO Date: Bill To Customer: Kerr, County Of Ship To Customer: Address: 700 Main St Address: City: Kerrville State: TX Zip: 78028 City: State: Zip: Customer Contact: Dawn Lantz Title: Manager Phone: (830) 792 -2439 IKON Sales Rep: Brady Wells Phone: (210) 4034826 MPS/FSM/SAM/SAC: SC: SC -C: SA/SSA: Descdptkn of Services ProressionalSendess Provided Corned Svc Tech- Segment 2 at to 30 ppm) o neebn std perbm solution k,wIemeMalbn pbn o iWN AS contour. printer Inertia o Aunt customer In conMearO to their network MAW eat setup print ddvnr,FPO% on op to Iwo (2) woM19Mlom o Pa der operator tinning tor bad operator/ administrator o End user Ireland for pdMUlversdoPOS reecuplo Iwo IN persons Task [IKON Coda ONO Code • • Pia Ext. Price Notes - 1 ,.ayes s • r r - , 1125.00 512500 At No Additional Cast 2 a folal Pile*: 1 112b.00 This Work Order sisal be emenive n er the dare of exeaurim by both IKON and Cusb,aer. By slanted blow, the undersigned represent awl they are drily autlwrbed to enter into this Work Order en behalf er their respective entities 1 CUSTOMER _ .i IKON OFFICE SOLUTIONS INC. BY: a N• .e: Name: Title: Thk: Date: Pate: TERMS AND CONDITIONS The performance by IKON of the Services described in This Work Ord[ is subject 10 and shall be governed solely by the fallowing lams and conditions: Customer engages IKON to perform One services described in this Work Order (the " Services'). Change to the scope of the Services shall be made only in a written change order signed by both panics IKON shall have no obligation 10 commence work in connection with any change until the fee audlor schedule impact of the change and all dha applicable tams are agreed upon by both parties in writing. IKON shall provide the Services at the CUslore location set lath herein or on a remote basis. In considaatian Bits Services hereunder, Cuseoma shall pay IKON the Service fees in the amounts and at the rates sot forth above. Customer shall pay all amounts payable to IKON hereunder within thirty(30)days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement egans, Customer shall be liable for all costs thereof, including, without limitation, reasmable attorneys' fees and late charges. IKON may suspend or laminate Services for non-payment. Customer shall be responsible for payment of any applicable taxes arising in connection with the transactions contemplated hereby (dha than with respect to the income of IKON). Customs shall provide IKON with such access to its facilities, networks and systems as may be reasonably necessary for IKON to perform its Services. Customer acknowledges that 1KON's performance of the Services is dependent upon Customer's timdy and effective performance of its responsibilities hereunder. Unless connectivity services are specifically identified in the Task and Description section of this Work Order as pan of the Services to be performed by IKON, IKON shall have no obligation to perform and no responsibility for the connection of any hardwvareor software to any Customer network or system. IKON shall )clam its Services in a professional manner. IKON is not the manufacturer of any of the software, tails endra products utilized in connection with this Work Order. IKON shall, however, make available to Customer any warranties made to IKON by the nanufadaas of the software, lolls and/or products utilized by IKON in connection with its Services hereunder, to the extent bansfaable and without recourse. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IKON MAKES 140 WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WORK ORDER AND THE TRANSACTIONS CONTEMPLATED HEREBY. IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER POR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS WORK ORDER OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF IKON HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IKON'S LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HEREUNDER BY CUSTOMER IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED 10, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES TINDER THIS WORK ORDER. IKON ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI.VIRUS OR SIMILAR SOFTWARE AND THE SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT INCLUDE ANY SUCH SERVICES. Except for purposes of this Work Order, IKON shall not use or disclose any proprietary or confidential Customer data derived from its Services hereunder; provided, however, that IKON may use general statistics relating to the Service engagement so long as it does not disclose the identity of Customer or make any reference to any information from which the identity of Customer may be reasonably ascertained. Customer agrees that during the term of the Services and for a period of one (1) year after termination thereof, 11 shall not directly or indirectly solicit, hire or otherwise retain as an employee or independent contractor any employee of IKON that is or was involved with or pan of the Services This Work Order represents the entire agreement between the parries relating to the subject matter hereof and supersedes all prior understandings, writings, 1woposals,recresentation or communications oral or written, of either nary. This Work Order ; may be amended only in writing executed by the authorized representatives of both )caries. Any purchase order, service order or other Customer ordering document will not modify or affect this Work Order, na have any other legal effect, and shall serve only the purpose of identifying the service ordered. This Work Order may not he Transferred or assigned by Customer without de prier written consent of IKON. This Work Order shall be imapreled in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles ofconlids of law. The relationship of the parties is that of independent contractors. IKON shall not be responsible for and shall be excused from performance a have reasonable additional periods otlime to perform ib obligations where it is delayed or prevented from performing any or its obligations for reasons beyond IKON's reasonable control, including, without limitation, acs of God, natural disasters, labor disputes, strikes or unavailability of services, persoond Or materials. This Work Order is separately enforceable as a complete and independent binding agreement, independent of all other Work Orders, if any By signing, the Customer acknowledges and accepts the tams and conditions of this Work Order, and confirms that the undasignd has lie necessary power and authority to eater into this Work Order on behalf ofCuslomer. v. 01.2E09 1111 ttetntri t°(k UI 111 1 OF 1