CM-2005-032Cert - 'Roo S - p3'a.
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Mayor
Nyle Maxwell
Mayor Pro -tem
Alan McGraw
Council Members
Tom Nielson
Joe Clifford
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
March 7, 2005
K -B Contract Cleaning, Inc.
Attn: Mr. Lewis Bowland
813 Taulbee Lane
Austin, TX 78757
Re: "City of Round Rock Agreement with K -B Contract Cleaning, Inc.
for Janitorial Services" bearing effective date of August 12, 2004
Mr. Bowland:
By this correspondence, please be advised that the above -referenced and
attached contract is terminated for cause, effective immediately. You are
advised to stop all work incident to the contract, terminate any subcontracts (if
applicable), place no further orders (if applicable), and incur no further costs or
expenses of any nature whatsoever which are related to the contract.
The City of Round Rock is terminating the referenced contract under Section
1.08(3) and 1.08(4):
1.08 Termination
This Agreement may be terminated for any of the following conditions:
(3)
By either party for failure by the other party to perform the
services set forth herein in a satisfactory manner, such
termination notice to be given in writing to the other party.
(4) By either party for failure by the other party to fulfill its
obligations herein.
Section 1.08 further states that, if City terminates the agreement, "no fees
other than fees due and payable at the time of termination shall thereafter be
paid" ... and that City shall pay only for uncontested services performed to
date of notice of termination.
00083484/jkg
CITY OF ROUND ROCK ADMINISTRATIVE DEPT., 221 East Main Street • Round Rock, Texas 78664
Phone: 512.218.5401 • Fax: 512.218.7097 • www.ci.round-rock.tx.us
Notice of Contract Termination
K -B Contract Cleaning, Inc.
March 7, 2005
Page 2
In terminating the referenced contract, the City of Round Rock declares K -B Contract
Cleaning, Inc. to be in default under Section 1.20(2):
1.20 Default
If Services Provider ... defaults under this Agreement and is a cause of City
purchasing services elsewhere, then Services Provider agrees that it may be charged
the difference in cost, if any, and that it will not be considered in the re -
advertisement of the service and that it may not be considered in future
advertisements for the same type of work unless the scope of work is significantly
changed.
Services Provider shall be declared in default under this Agreement if it does any of
the following:
(2) Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement.
Further, the City of Round Rock declares that it takes this action pursuant to Specification
No. 04-910-39, Section 3.7:
3.7 The City of Round Rock shall be sole judge of ... quality and required
frequency of services provided herewith.
Accordingly, the City of Round Rock declares that K -B Contract Cleaning, Inc. is in default of
the referenced contract for failure to adequately and satisfactorily perform to the "Cleaning
Specifications" standards enumerated in Specification No. 04-910-39, Sections 24-28.
In keeping with Texas case law, the City has made its determination to terminate the
referenced contract in good faith and it is the expression of the City's honest judgment. The
decision of the City is final and conclusive. Thank you.
y,
es R. Nuse, P.E.
Manager
Enclosure
cc: Steve Sheets
Larry Madsen
Pete Domininguez
Howard Baker
JN/jkg
Notice of Contract Termination
K -B Contract Cleaning, Inc.
March 7, 2005
ACKNOWLEDGMENT OF NOTICE
The undersigned acknowledges receipt of a signed copy of this notice on the day of
the month of , 2005.
Authorized Signatory for K -B Contract Cleaning, Inc.
Printed Name:
Title:
Date: