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HomeMy WebLinkAbout2006-12-05-9:00AM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA :C&cuo~ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 5 DECEMBER 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -14: 3. Budget Amendment 06/07-8.1 thru 06/07-8.6. 4. Reclassification of the following position in the County Attorney's office as follows, with the additional salary funds to come from contingency: a. from Class 0559, Position 1, Receptionist (part-time, 1040 hours) to Class 0559, Position 1, Receptionist (part-time, 1300 hours) 5. Personnel Change of Status. 6. Payment of Claims. 7. Reappointment of John Woody to the Brazos Valley Groundwater Conservation District as the City of College Station's representative. Appointment term is 1101/2007 through 2r/31/2008. 12. 8. Increase in the monthly insurance premium for dependents of retirees. 9. Correction of employee continuous service time credited to longevity status. Office of the County Judge . 300 East 26'" St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 3614503 VOLP7 PAGE 59 Commissioners Court Agenda 5 December 2006 Page 2 10. Copier Lease Agreement with Ikon for copiers in the Brazos County Jail, term of lease is 60 months effective immediately. 11. Permission to advertise the following bids: a. 2007-008 Concrete b. 2007-009 Herbicides and Surfactants c. 2007-010 Equipment Lubricants d. 2007-011 CoWMix Limestone e. 2007-012 Fencing Supplies f. 2007-013 Fence Building g. 2007-014 Motor Grader Blades It. 2007-015 Decking Timber i. 2007-016 Bridge Piling j. 2007-017 Material Hauling k. 2007-018 Shop Supplies & Auto Parts 1. 2007-019 - Hydrated Lime 12. Establish date and time for a Public Hearing to consider the possible improvement of roads in Hunters Creek Subdivision and $500 assessment against the owners of record of the real property in this subdivision. Site is located in Precinct 3. 13. Payment Authorization in the amount of $4,016.74 to Colorado Materials for Grade 4 rock (road base material). The remainder of the order was delivered to the Road & Bridge Department after the purchase order was closed. 14. Request from the Juvenile Referee's Office for reimbursement of mileage accrued in the previous budget year. 15. Announcement of interest items and possible future agenda topics. 16. Call for citizen input and/or concerns. 17. Agency / Board / Committee reports by Court members. 18. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 97 PAGE 69 COMMISSIONERS' COURT REGULAR MEETING DECEMBER 5, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 5, 2006 with the following members of the Court present: Randy Sims, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Presiding; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #06/07- 8.1 through 8.6 that would reallocate funds for the 272 ad District Court, Non-Departmental, County Court at Law #1, Jail Administration; transfer funds from Contingency to Constable, Precinct 3, from Building Maintenance DDEA to Vol 21 - Page b o Commissioners Court meeting December 5, 2006 2 Capital Projects-Commissioners Court. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was a request from the County Attorney's Office to approve the renaming of a part-time Receptionist position at 1040 hours annually to a part time Receptionist position at 1300 hours annually. Also requested, was that the additional funds come from Contingency. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7025816 through 7026148 Vol 99 Page & / Commissioners Court meeting December 5, 2006 3 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the reappointment of two directors to the Brazos Valley Groundwater Conservation District whose terms expire at the end of this year. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to reappoint John Woody representing the City of College Station to the Brazos Valley Groundwater Conservation District. The term of the appointment is from January 1, 2007 through December 31, 2008. The next matter before the Court was consideration of an increase in the monthly insurance premium for dependents of retirees. Commissioner Cauley feels the need to wait and also address those that work short term and receive benefits. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda and consider it at the December 19, 2006 Commissioners Court meeting. Vol 97 Page lPa Commissioners Court meeting December 5, 2006 4 The Court next considered the correction of employee continuous service time credited to longevity status. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the correction. After some discussion, Commissioners Peters and Cauley asked to amend their motion and second to include directing the Human Resources Department to send out a letter notifying employees that an error has occurred, setting the deadline of January 31, 2007 for employee requests to review personnel records to determine if the county owes them additional longevity pay and to include employees hired prior to 2001 including temporary and part time employees. The motion carried unanimously. The next matter before the Court was consideration of a copier lease agreement with IKON covering three copiers for the Brazos County Jail. The monthly payment is $985.00 with a lease term of sixty (60) months. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the copier lease agreement. A copy is attached. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: Vol 97 Page ( 6 Commissioners Court meeting December 5, 2006 a. Bid 2007-008, b. Bid 2007-009, c. Bid 2007-010, d. Bid 2007-011, e. Bid 2007-012, f. Bid 2007-013, g. Bid 2007-014, h. Bid 2007-015, i. Bid 2007-016, j. Bid 2007-017, k. Bid 2007-018, 1. Bid 2007-019 Concrete Herbicides and Surfactants Equipment Lubricants Cold Mix Limestone Fencing Supplies Fence Building Motor Grader Blades Decking Timber Bridge Pilings Material Hauling Shop Supplies and Auto Parts Hydrated Lime 5 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered establishing a date and time for a Public Hearing to consider the possible improvements of roads in Hunter's Creek Subdivision and $500.00 assessment against the owners of record of the real property in this subdivision that is located in Precinct 3. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to set the date on Tuesday, January 16, 2006 at 10:00 a.m. The next matter before the Court was consideration of a payment authorization in the amount of $4,016.74 to Colorado Materials for Grade 4 rock (road base material). The order was delivered to the Road and Bridge yard after the purchase order was closed out. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted Vol 37 - Page tv q Commissioners Court meeting December 5, 2006 6 unanimously to approve the payment authorization. The Court next considered a request from the Juvenile Referee's Office for reimbursement of mileage accrued in the previous budget year. The request was submitted on November 30, 2006. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Cauley a) There will be a Public Hearing today on the Duck Haven Subdivision. Commissioner Wassermann a) We have finally received an Attorney General's Opinion on Millican being its own city. They found the city was dissolved and not incorporated. Commissioner Mallard a) The Court will be attending a CUC meeting in Austin on Thursday. The topic of discussion will be subdivision regulations. Under citizen input and/or concerns, the following spoke: Sheriff a) Informed the Court that the jail population was up to 533. Vol 3 9 - Page 65 Commissioners Court meeting December 5, 2006 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) The Health Department Board met last week and discussed bringing the Health Department in as a County department. The Board decided to keep it as a joint district but are looking over the joint agreement and updating it. 7 There being no further business to come before the Court, the meeting was adjourned. Vol 97 Page & (0 The foregoing minutes of the Commissioners Court meeting held December 5, 2006 have been examined and are approved in open Court this the 9r) day of S , 2007, in Bryan, Brazos County, Texas. l/J~'~~ Ctbxn+ Randy S' s Lloyd Wassermann Count Judge Commissioner, Precinct 1 ) I-K Duane Peters Commissioner, Precinct 2 Kenny Malla Commissioner, Precinc 3 Carey Ca ey, Jr. Commissi ner, Preci ct 4 Attest: K r n McQueen County Clerk Vol 97 Page 0 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200(0 AT 200(0 ~J/ VOL~PAGE r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON pin 1 ~f ~t ~rr 2000 6T Name Organization/Dep ment Sv ~ zf ~ ~~S cJ VOL P PAGE 69 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006-2007 BUDGET YEAR NO. 06/07-8.1 thru 06/07-8.6 On this the 5`h day of December 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 5 December 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5`h day of December 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: C Ran Sims, County Jud e Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL PAGE L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.1 12/5/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 61490000 CR Petit Jury Expense 400.00 0100 22100100 52500000 DR Contract Services 400.00 272nd District Court: To reallocate budget from Petit Jury Expense to Contract Services. VOL P PAGE -7 / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.2 12/5/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1100150 61130000 CR Contingency 338.00 0100 30301100 65550000 DR Radio Maintenance 338.00 Constable Pct. 3: To move budget from the County's Contin enc to cover the maintenance cost for 800 MHz radios of Constable Pct. 3. VOL 99 PAGE 7a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.3 12/5/2006 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 1100050 72590000 CR Professional Fees - Other 112.00 01001100050 61280000 DR Dues 112.00 Non-De artmental: To reallocate budget to over the Texas Social Security Program dues. YOL PAGE-T3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.4 12/5/2006 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 2300010 59100000 CR DDEA 130.00 0100 23000100 60360000 DR Furniture 130.00 County Court at Law #1: To reallocate budget to cover the furniture cost. Vol 2 1 PAGE -7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.5 v )iannnc FD 0100 0100 0100 0100 DIV 28002000 28002 28002 28002 ACCT 1 59100000 65150000 67211000 61110000 PROJ DR/C CR DR DR DR + ✓ r ACCOUNT NAME DDEA Commuter Maintenance Software Conference & Seminars Increase 300.00 3255.00 210 0.00 Decrease 5,655.00 Jail Administration: reallocate bud et to co cover the ADORE software including the on-site hvinin and maintenance costs associated with the urchase of the software. V)LPAGE 75 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 8.6 12/5/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1700010 59100000 CR DDEA 3,531.00 0100 91110000 DR Transfer to Ca ital Pro ect Fund 3,531.00 4500 49028000 CR Transfers from General Fund 3,531.00 4500 6300050 80890000 DR Building Renovation 3,531.00 Ca ital Projects - Commissioners' Court: To transfer funds from the Buildin Maintenance's DDEA to allow for the wchase of a truck to be used b the d artment. VOL 91 PAGE -7 ~ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 5, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on i Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Lamar, Brenda Wendt, Stephanie Resignation Position Reclassification I.T. Soares, Ian J.P. Pct. 3 Hronek, Brandy New Hire Resignation Juvenile Services Booker, Shericka Hurley, Joe Jackson, Tyrone Linder, Harmony Robinson, Leonard Tyler, Kandice Resignation New Hire Transfer within Dept. State Stipend Resignation State Stipend SO/Admin. Holmes, Alton Resignation SO/Jail Favila, Oscar Transfer within Dept. Hutcheson, Catherine New Hire Approved in Commissioners' Court: December 5 200 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VA g9 PACE 7 7 Document Efficiency At Work." Equipment Removal or Buyout Authorization ❑ Equipment Owned by Customer. This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON') to pick-up and remove certain items of equipment that are owned by you, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (1) IKON may rely on the request, (2) the request shall be governed by this Authorization, (3) you have good, valid and marketable title to such equipment and have satisfied all payment and other obligations relating to such equipment which may be owing to any third party under any applicable lease, financing, sale or other agreements, (4) you have obtained any and all necessary consents and approvals required to authorize IKON to remove such items of equipment and to take title thereto, and (5) by this Authorization, you hereby transfer good and valuable title and ownership to IKON to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and you will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in IKON. IKON does not assume any obligation, payment or otherwise, under any lease, financing, sale or other agreements relating to any equipment. Such agreements shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you to any third party in respect of all equipment identified in the removal requests issued by you. 0 Equipment Leased by Customer from IKON IOS Capital or IKON Financial Services This Authorization will confirm that you desire to engage IKON to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (1) IKON may rely on the request, and (2) the request shall be governed by this Authorization. If you are entering into a new lease with IKON or IKON Financial Services in connection with the upgrade of currently leased equipment, IKON agrees that following acceptance, the new lease will terminate the existing lease with respect to any upgraded equipment. Except for the obligations of IKON to pick-up and remove items of upgraded equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. ❑ Equipment Leased by Customer from a Thud Party. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance certificate), service and/or other agreement ("Agreement") between IKON and/or IKON Financial Services, IKON agrees to pay to (A) ❑ the customer (and Customer hereby agrees to promptly pay such amount to the below named payee ("Payee")), or (B) ❑ the Payee identified below, an amount ("Buy Out Amount") equal to , to pay off and/or reduce Customer's obligations owing under that certain equipment lease agreement no. ("Third Party Lease") between Customer and Payee relating to the equipment identified in the Third Party Lease ("Equipment"). ❑ W-9 included ❑ Third Party Quote or Proof of Buyout Amount attached Mailing Method ❑ Mail Check (Regular) ❑ Overnight Check Payee Name: Vendor Code: Address: City, State, & Zip Code: Attention: Distribution Code (for 3rd party transaction): The Buy Out Amount represents the total amount payable by IKON for such purpose. IKON shall have no obligation, and does not assume any obligation, under the Third Party Lease. Customer acknowledges that Customer is solely responsible to make payments to the Payee under the Third Party lease, to return the Equipment at the appropriate time to the appropriate location as determined by the Payee, and to fulfill any and all payment and other obligations under the Third Party Lease. Customer agrees to indemnify and hold IKON harmless from any losses, damages, claims, suits and actions (including reasonable attorneys' fees) arising from the breach by Customer of any of its obligations contained in this authorization and/or the Third Party Lease. AGREED AND ACCEPTED: CUSTOMER IKON OFFICE SOLUTIONS, INC By: Prepared By: Name: Approved By: Title: -N V141 Name: Date: Title: Date: emoval.1105 IKON Sales Forms WOL'9q PAGE 79This Authorization applies to the equipment identified above and to the following Removal/Buyout option: [CHECK ONE] STATE AND t ! GOVERNMENT Document Efficiency At Work.- Product Schedule Number. Image Management Plus 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 Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. h is the uttent of the parties that this Sch dine be separately you enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION City County State Customer Contact No e: Yf'I EC~RrU C;AtJKEC. PRODUCT DESCRIPTION ("PRODUCTS") PAYMENT SCHEDULE Minimum Term (mos.) (0D Minimum payment Wi tit Tax $ 9, , o 9, , o ty Product Location 99x'03 Address Zip City County State Zip Customer Telephone Number: Fax Numberail Address: -1 1 499-36~~y?S2 Model & Serial Number Quantity Equipment Description: Make, Model & Serial Number Per Image I Additional Images $ $ rbG L Payment Due Monthly -Quarterly -Other Uuaranteed Minimum Meter Reading/Billing Mon 61v/Quarterly/Other Images ZW-.0-0 For Additional Images Advance Payment (with tax) $ -Monthly - APPLY to 1st Payment .-.Quarterly 1-00Other Other _ Aarvml Sales Tax Exempt &es (Attach Exemption Certificate) Customer Billing Reference Number (P.O.#, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: 1 TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. ed to ex to cial 2. You, the NON-CuANCELABLE AGREEMENTtFOR THE use tMINIMUM TErRMd iINDICATEDtems If wle ace ptrthis (non-consume youragreeptosuse the Bove Prod ctt((s on aallFthe rerAms hereof, including the Terms and Conditions on the Master Agreement. THIS WH.L 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 hang dg,A"e ~ In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: ,L w i L CUSTOMER X 4 IKON OFFICE SOLUTIONS, INC. T y/ tlel ~ne Date:) Authorzed Si r _ Date: i Authorized Signer Q DII_ ( ~ i N (Authorized gner's printed name) (Authorized Signer's printed name) T/ Document Efficiency At Work" Image Management Plus Commitments The below performance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. 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 Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are 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 part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies r quired to produce images on the Products covered under the is le (other than non-metered Products and soft-metered triples. The supplies will be provided according to facmrer's specifications. Optional supply items such as paper and iin sparencies are not included. G ARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON's election, will either provide a temporary loan- er while the Products are being repaired at IKON's service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Arm: Quality Assurance. The Quahty Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with in performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. IKON: Document Efficiency At Work'" and IKON Office Solutions' are trademarks of IKON Office Solutions, Inc. S&LG Image Management Plus Schedule 4.04 VOL 87 P EE 80