CM-2015-847 - 7/31/2015 r_ Mayor Councilmembers City Manager
Alan McGraw Craig Morgan Laurie Hadley
Frank Leff ingwell
Will Peckham
ROUND ROCK TEXAS Mayor Pro-Tem Writ Baese City Attorney
ADMINISTRATION DEPARTMENT George White Kris Whitfield Stephan L.Sheets
July 23, 2015
Scott Bethea
The ATM Guys, Inc.
6301 Gridleigh Court
Austin, Texas 78754
Re: Termination Notification of a City of Round Rock Agreement with The
ATM Guys, Inc. dated October 22, 2010
Dear Mr.Bethea:
This correspondence shall serve as notice that the City of Round Rock, Texas (the
"City") hereby terminates the above-referenced City of Round Rock Agreement License
Agreement and Revenue Sharing Agreement from Installation of ATM Machines (the
"Agreement) with The ATM Guys, Inc. dated October 22, 2010.
Pursuant to Section 2.01, the "Term" Section of the Agreement, [t]he initial term
of this License Agreement is for sixty (60) months from the effective date hereof.
Regarding early termination of the Agreement, Section 13.01 provides:
"The City has the right to terminate this Agreement, in whole or in part,
for convenience and without cause, at any time upon thirty (30) days' written
notice to the Licensee...Upon the City's delivery of the referenced notice to the
Licensee, the Licensee shall discontinue all services in connection with the
performance of this Agreement. Within thirty (30) days after such notice of
termination, the Licensee shall submit a statement showing in detail the goods
and/or services satisfactorily performed under this Agreement to the date of
termination. The parties agree that the Licensee is not entitled to compensation
for services it would have performed under the remaining term of the Agreement,
nor the anticipated revenue. "
00338938/ss2 CITY OF ROUND ROCK 221 East Main Street, Round Rock,Texas 78664
[P] 512.218.5401 • [F] 512.218.7097 • roundrocictexas.gov
The ATM Guys, Inc. Letter —Page 2
Section 3.01 of the Agreement, titled "License," grants The ATM Guys, Inc. the
"...right to install, operate, maintain, upgrade, and repair up to ten (10) permanent
and/or portable ATM machines to be placed at various changeable sites within the City,
on real property owned by the City.... " Termination of this Agreement revokes this
license in its entirety. Upon termination of this Agreement, The ATM Guys, Inc. shall
immediately remove all ATM machines located on City property. In the event the ATM
machines are not immediately removed as requested, the City shall remove the ATM
machines from their current locations.
Pursuant to Section 17.01 of the Agreement, this termination notice is being
delivered in writing to the recipient identified as the Licensee in Subsection (2).
Should you have any questions or feel the need to discuss this matter further, please do
not hesitate to contact me.
Sincerely,
Bryant Williams
Assistant City Manager
City of Round Rock
I OUND ROCK
xas Agenda Item Summary
Agenda Number:
Title: Consider executing a termination letter to The ATM Guys, Inc. for a
License and Revenue Sharing Agreement for the installation of ATM
machines on City property.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/31/2015
Dept Director:
Cost:
Indexes:
Attachments: LAF The ATM Guys, Inc, Back-up The ATM Guys
Department: Finance Department
Text of Legislative File CM-2015-847
Termination letter to The ATM Guys, Inc. for a License and Revenue Sharing Agreement for
the installation of ATM machines on City property.
Department official recommends approval of this item.
City of Round Rock Page 1 Printed on 7130/2015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Termination of License and Revenue Sharing
Department Name: Finance Project Name: Agreement for ATM Machines
Project Mgr/Resource: Susan Morgan Contractor/Vendor: The ATM Guys,Inc.
Council Action:
ORDINANCE RESOLUTION
Agenda Wording
xx City Manager Approval
CMA Wording
Consider executing a termination letter to The ATM Guys, Inc.for a License and Revenue Sharing Agreement for the installation
of ATM machines on City property.
Attorney Approval
EJ�Attorney Date-713S11
Notes/Comments
Print letter on City letterhead before signature and delivery to The ATM Guys, Inc.
O:\wdox\SCClnts\0117\1503\MISC\00338937.XLS Updated 6/3/08