CM-05-12-216Request for City Council/City Manager Action
City Council v City Manager
I
Department Name:
Contact Person:
Parks and Recreation
Vanessa Shrauner/Debbie Davila
Project Manager/Resource: Terri Waggoner
Project Coordinator:
Assigned Attorney:
Veronica Rivera
Council or City Manager
Approval/Agenda Date: Friday, December 16, 2005
Blue Sheet Wording
Project Name: PARD Program Brochure
ContractorNendor: Capital Printing and Mailing
Funding Source: 5210-100-23000
Amount: TBD
City Manager to cancel contract with Capital Printing and Mailing for printing of the PARD Brochure.
Finance Information
Is Funding Required?
Finance Approval
Finance
®Finance
®Purchasing
Budget
Yes
No
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below) risetTOTCLIVITSTI,M10 PA,
ace
n/a L. Olsen
N/A E. Wilson
Howard Baker
Cheryl Delaney
Date 12/14/2005
Date 12/13/2005
Date 12/13/2005
Date 12/13/2005
For Submission to ALL City Council and City Manager Action Items
Project Mgr. Signature: (.1 A / Date:
Dept. Director Signature*:
City Attorney Signature*:
City Manager Signature:
Date: M./i7
Date: 2 S or -
Date: -
TDate:%" ll%-0ri
* Dept. Director and Le. - Approval and is required for ALL items requesting City Manager/City Council approval.
Updated 6-9-05
BLUE SHEET FORMAT
DATE: December 12, 2005
SUBJECT: City Manager Approval
ITEM:
To cancel agreement with Capital Printing and
Mailing for printing the 2006 PARD Program
Brochures.
Department: PARD
Staff Person: Rick Atkins (Director)
Terri Waggoner (Marketing Specialist)
Justification: Breach of contract. Company made an error in their
bid and have withdrawn themselves from the printing contract for
the brochures.
Funding:
Cost:
Source of funds: General Fund 5210-100-23000
Outside Resources:
Background Information:
PARD prints three booklets a year (spring, summer and fall). Efforts are being made to award contact to
Another vendor for the booklets.
Public Comment:
Blue Sheet Format
Updated 01/20/04
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Mayor
Nyle Maxwell
Mayor Pro -tem
Alan McGraw
Council Members
Rufus Honeycutt
Joe Clifford
Carlos T. Salinas
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
00093708/jkg
City Attorney
Stephan L. Sheets
Austin Copy Craft Printing
d/b/a Capital Printing Co.
Attention: Mike Dodson
Post Office Box 17548
Austin, TX 78760-7548
CM/RRR No. 0304 1560 0007 1215 5996
December 12, 2005
Re: "City of Round Rock Agreement for Purchase of Printing Services for 4 -Color
Program Booklets from Austin Copy Craft Printers d/b/a Capital Printing Co."
bearing effective date of November 22, 2005
Mr. Dodson:
By this correspondence, the City of Round Rock acknowledges receipt of notice
from Capital Printing that Capital Printing has elected not to perform its
obligations under the above -referenced and attached contract due to an error made
in its bid. The parties acknowledge that this constitutes breach, and that the
contract is hereby terminated for said cause under Sections 15.01(B), 16.01(B),
11.01, and the second paragraph of Section 25.01.
Section 15.01(B) states, "Vendor shall be declared in default of this Agreement if
it does any of the following:... Fails to fully, timely and faithfully perform any
of its material obligations under this Agreement."
Section 16.01(B) states, "In the event of any default by Vendor, City has the right
to terminate this Agreement for cause, upon ten (10) days' written notice to
Vendor."
Section 11.01 states, "If Vendor cannot provide the goods and services as
specified, City reserves the right and option to obtain same from other suppliers or
sources."
The second paragraph of Section 25.01 states, "[A]ny failure of Vendor to fulfill
obligations for each portion of this Agreement within the agreed timeframes will
constitute a material breach of this Agreement.... Where damage is caused to
City due to Vendor's failure to perform in these circumstances, City may pursue
any remedy available without waiver of any of City's additional legal rights or
remedies."
CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664
Phone: 512.z18.5400 • Fax: 512.218.7028 • www.ci.round-rock.tx.us
Please discontinue all services in connection with the performance of this Agreement and
cancel promptly all existing orders and contracts chargeable to this Agreement. The
parties acknowledge that City has no obligation or liability whatsoever for any further
payment to Vendor.
Sincerely,
Enclosure
cc: Steve Sheets
Rick Atkins
Ric Bowden
Randy Barker
Howard Baker
es R. Nuse, P.E.
Manager