CM-08-11-274CITY OF ROUND ROCK
STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF PRINTING SERVICES FOR
4 -COLOR PROGRAM BOOKLETS FROM GINNY'S PRINTING"
FIRM: Ginny's Printing ("Vendor")
ADDRESS: 8410-B Tuscany Way, Austin, Texas 78759
PROJECT: Purchase of printing services for 4 -color program booklets for Parks Department
This Supplemental Agreement No. 1 to "City of Round Rock Agreement for Purchase of Printing
Services for 4 -Color Program Booklets from Ginny's Printing" is made by and between the City of
Round Rock, Texas (hereinafter called "City") and Ginny's Printing (hereinafter called "Vendor").
WHEREAS, City and Vendor executed "City of Round Rock Agreement for Purchase of
Printing Services for 4 -Color Program Booklets from Ginny's Printing" (hereinafter called the
"Agreement") on the 12th day of January, 2006, for goods and services; and
WHEREAS, it has become necessary to amend the Agreement to provide for extension by
renewal:
NOW THEREFORE, premises considered, City and Vendor agree that said Agreement is
amended as follows:
I.
Section 2.01 shall be amended as follows:
B. The term of this original Agreement was for three (3) consecutive twelve (12) month
periods from the effective date. This original Agreement permits renewals for successive terms of twelve
(12) months each from the expiration date of the initial term, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur upon the express written agreement of both parties and only
provided Vendor has performed each and every contractual obligat. :specified in this Agreement. This
Supplemental Agreement No. 1 embodies the first renewal of twelve (12) months, following the
expiration date of the initial thirty-six (36) month term, and extends the original Agreement as to
time only with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, City and Vendor have executed this Supplemental Agreement No. 1
in duplicate originals.
CITY OF ROUND ROCK, TEXAS
By:
Name: liktecs R • Nu&R- P.
Title:
Date: t�,�•
00148123/jkg
Page 1 of 2
(-4v1.0P-11-7-11
ATTEST:
By:
vt.Cort(t
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
LAtkBy: 'r
Step n L. Sheets, City Attorney
GINNY'S PRINTING,
a Texas corporation
By:
Name: ---6Atk Sf *_,�(` Vtgr
Title: V.1 E Pr.e<1 a1161 i -
Date:
Page 2 of 2
WORK MADE FOR HIRE AGREEMENT WITH GINNY'S PRINTING
This Agreement is made on the day of the month of
200 g , by and between GINNY'S PRINTING, a Texas corporation, and any of its
authors and/or artists (hereinafter referred to as "Author/Artist," and if there is more than
one author/artist affiliated with the entity, then the entity and all of them collectively) and
the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City").
This Agreement is made simultaneous to an agreement entitled "City of Round
Rock Agreement for Purchase of Printing Services for 4 -Color Program Booklets from
.Ginny's Printing," and encompasses the subject matter contracted for thereunder.
AUTHOR/ARTIST AND CITY HEREBY AGREE THAT:
1. Title and Copyright Assignment
(a) Author/Artist and City intend this to be a contract for services and each considers
the products and results of the services to be rendered by Author/Artist hereunder (the
"Work") to be a work made for hire. Author/Artist acknowledges and agrees that the
Work (and all rights therein, including, without limitation, copyright) belongs to and shall
be the sole and exclusive property of City.
(b) If for any reason the Work would not be considered a work made for hire under
applicable law, Author/Artist does hereby sell, assign, and transfer to City, its successors
and assigns, the entire right, title and interest in and to the copyright in the Work and any
registrations and copyright applications relating thereto and any renewals and extensions
thereof, and in and to all works based upon, derived from, or incorporating the Work, and
in and to all income, royalties, damages, claims and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity
for past, present, or future infringement based on the copyrights, and in and to all rights
corresponding to the foregoing throughout the world.
(c) If the Work is one to which the provisions of 17 U.S.C.106A apply, Author/Artist
hereby waives and appoints City to assert on Author/Artist's behalf the Author/Artist's
moral rights or any equivalent rights regarding the form or extent of any alteration to the
Work (including, without limitation, removal or destruction) or the making of any
derivative works based on the Work, including, without limitation, drawings or other
visual reproductions or the Work, in any medium, excepting photographs, for City's
purposes.
(d) Author/Artist agrees to execute all papers and to perform such other proper acts as
City may deem necessary to secure for City or its designee the rights herein assigned.
00148124/jkg
2. Delivery of the Work
(a) Author/Artist will deliver to City on or before any contractually -obligated date the
completed Work (with all illustrations, charts, graphs, graphics, and other material,
including supplements, handouts, reference lists, indexes, etc., in the medium mutually
agreed upon for the Work) in form and content satisfactory to City.
(b) If Author/Artist fails to deliver the Work on time, City will have the right to
terminate this agreement and the referenced simultaneous agreement and to recover from
Author/Artist any sums advanced in connection with the Work. Upon such termination,
Author/Artist may not have the Work published or used in any form elsewhere until such
advances have been repaid.
3. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use,
the Work will contain no material from other copyrighted works without a written
consent of the copyright holder. Author/Artist will obtain such consents at his/her/its own
expense after consultation with City and will file them with City at the time the Work is
delivered. Any obligations associated with permissions will be the responsibility of
Author/Artist.
4. Author/Artist's 'Warranty
Author/Artist warrants that he/she/it is the sole owner of the Work and has full
power and authority to make this agreement; that the Work does not infringe any
copyright, violate any property rights, or contain any scandalous, libelous, or unlawful
matter. Author/Artist will defend, indemnify, and hold harmless City and/or its licensees
against all claims, suits, costs, damages, and expenses that City and/or its licensees may
sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to
be contained in the Work or any infringement or violation by the Work of any copyright
or property right; and until such claim or suit has been settled or withdrawn, City may
withhold any sums due Author/Artist under the referenced simultaneous agreement.
5. Consideration
In consideration for delivery of the Work in accordance with the provisions of the
referenced simultaneous agreement, City shall pay Author/Artist as indicated therein.
6. Revisions
Author/Artist shall, at the request of City, revise the Work at one year intervals
during the term of the referenced simultaneous agreement.
7. Term and 'Termination
(a) This agreement shall remain in effect for the same length of time as the referenced
simultaneous agreement unless terminated earlier in accordance with this Section 7.
(b) In the event that either party shall be in default of its material obligations under
this agreement or the referenced simultaneous agreement and shall fail to remedy such
default within thirty (30) days after receipt of written notice thereof, the agreements shall
terminate upon expiration of the thirty (30) day period.
(c) Upon the expiration of the term of this agreement and the referenced simultaneous
agreement, the parties may agree to renew those agreements for additional terms, only as
allowed by the terms of the referenced simultaneous agreement, upon the same terms and
conditions as set forth.
8. Options/Contracts with Third Parties
Nothing contained in Section 7 shall affect any license or other grant of rights,
options, or agreements made with third parties prior to the termination date or the rights
of City in the income resulting from such agreements.
9. Amendments
The written provisions contained in this agreement, taken together inextricably
with the referenced simultaneous agreement, constitute the sole and entire agreement
made between Author/Artist and City concerning this Work, and any amendments to
same shall not be valid unless made in writing and signed by both parties.
10. Construction, Binding Effect, Venue, and Assignment
This agreement shall be construed and interpreted according to the laws of the
State of Texas and shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives; and venue shall lie exclusively in Williamson
County, Texas; and references to Author/Artist and to City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of
the date indicated below.
CITY OF ROUND ROCK, TEXAS
By:
Printe
Title:
Date:
ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
;r
Steph' n L. Sheets, City Attorney
l.�
GINNY'S PRINTING,
a Texas corporation
By: r ...�
Printed Name:• pk kut.cze itt -
Title: USG& PreVa3,.p-
Date: [l. elv. oS
DATE: November 17, 2008
SUBJECT: City Council Meeting — November 21, 2008
ITEM: Consider executing Supplemental No. 1 and Work Made for Hire Agreement to
purchase printing services for 4 -color program booklets from Ginny's Printing.
Department: Parks and Recreation
Staff Person: Terri Waggoner
Justification: Printing Program Guide Brochures for Parks and Recreation Programs.
Spring, Summer and Fall
Funding:
Cost: $25,665
Source of funds: 5210-100-23000
Outside Resources:
Background Information:
Round Rock Parks and Recreation prints 3 program guides per year to promote Instructional
Classes and Recreational Programming. The books are distributed through city outlets and
Round Rock Independent School District.
Public Comment:
UPDATED APRIL 2008