CM-2014-379City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing Supplemental Agreement No. 1 and Work Made for
Hire Agreement with Ginny's Printing for design and printing services for
4 -color program booklets.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/4/2014
Dept Director: Rick Atkins, Director
Cost: $24,341.72
Indexes: General Fund
Attachments: 04-04-14-LAF-Ginnys Printing, 04-04-14-PARD-Ginnys Printing
Department: Parks and Recreation Department
Text of Legislative File CM -2014-379
This project is to design and print our Summer 2014 Program Guide promoting all of the
Parks and Recreation Department's services and programs.
Staff recommends.
City of Round Rock Page 1 Printed on 4/3/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PARD
Project Mgr/Resource: Roger Haney
[1Council Action:
ORDINANCE
Agenda Wording
Supplemental Agreement No. 1 and Work Made for Hire
Project Name: Agreement for Design and Printing Services
ContractorNendor: Ginny's Printing
RESOLUTION
City Manager Approval
CMA Wording
Consider executing Supplemental Agreement No. 1 and Work Made for Hire Agreement with Ginny's Printing for design and
printing services for 4 -color program booklets.
Attorney Approval
Attorney
Notes/Comments
Date 37_4/ 41
This should be submitted for a June, 2014 Council Meeting.
O:\wdox\SCCInts\0123\1402\MUNICIPAL\00291606.XLS Updated 6/3/08
OneTouchPoint
GINNY'S
CITY OF ROUND ROCK
Attn: KAREN D'AMATO
ATTN: ACCTS. PAYABLE
221 E MAIN STREET
ROUND ROCK TX 78664
US
INVOICE
Please Remit to:
OncTouchPoint GINNY'S
P.O.I1ox 143924
Austin, TX 78714-3924
Controller's Vendor ID# 1-74-1765538-2
Invoice:
Invoice Date:
Customer Number:
Salesperson:
Terms:
RECEIVED MAR 1 1 20!4
Job -ID PO Number Quantity Description
50007472
02/28/2014
7810
Bart Spanjersberg5
Net 30
507557
507557
40,500
We Appreciate Your Business!
Summer Program Guide 2014
Freight
Net Sales:
Freight - Taxable:
Amount
23,631.72
710.00
23,631.72
710.00
Invoice Total:
If you have questions concerning this Invoice, contact Accounts Receivable at Onc Pouchl'oint-GINN'r
ti
Phone: (512) •1544.874 las: (512) 371-11.131
FSC: SW.000.N12195 ONLY*DIE PRODUCTS TI I_\•I• tltr 11 11:KITI I:11:n .cc .r. •, c .... •c•........., ....................
24,341.72
CITY OF ROUND ROCK
STATE OF TEXAS
COUNTY OF TRAVIS
COUNTY OF WILLIAMSON
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, TX 78754
REFERENCE: Purchase of Printing Services for 4 -Color Program Booklets
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 the "City," and Ginny's Printing, hereinafter
called the "Vendor."
WHEREAS, the City and the Vendor executed the referenced "City of Round Rock
Agreement for Purchase of Printing Services for 4 -Color Program Booklets from Ginny's
Printing," hereinafter called the "Agreement," on July 14, 2011, by Resolution No. R -11-07-14-
11A1; and
WHEREAS, it has become necessary to extend the Agreement for the first of two (2)
allowable twelve (12) month renewal periods; and
WHEREAS, the City desires to renew the Agreement for an additional twelve (12)
months for printing services for thirty-six (36) page booklets for spring, summer, and fall.
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 2.01, Subsection B shall be amended as follows:
B. The term of this Agreement shall be for three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of the term of
this Agreement, except as otherwise provided for herein. This Agreement may be renewed for
two (2) additional periods not to exceed twelve (12) months for reach renewal, only upon the
express written agreement of both parties and only provided Vendor has performed each and
every contractual obligation specified in this Agreement. This Supplemental Agreement No. 1
embodies the first twelve (12) month renewal period following the expiration of the original
term of three (3) consecutive (12) months period and extends the original Agreement as to
time only with no other changes in terms of conditions of the original Agreement.
00292345/ss2
CM -2014-379
IN WITNESS WHEREOF, the City and the. Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
GINNY'S PRINTING
By:
Printed Name:
Title: V
Date: g•
CITY OF ROUND ROCK
By:
Printed Name:
Title:
ATTEST:
Sara White, City Clerk
WORK MADE FOR HIRE AGREEMENT
WITH GINNY'S PRINTING
This Agreement is made on thefi day of the month of ri(, 2014,
>by
and between GINNY'S PRINTING 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 Supplemental Agreement
No. 1 to "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, photographs, drawings or other visual reproductions or the
Work, in any medium, 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.
00292347/ss2
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.
. 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.
2
(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
sixty (60) days after receipt of written notice thereof, the agreements shall terminate upon
expiration of the sixty (60) day period.
(c) Upon the expiration of the term hereof 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. priorto 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 be binding upon the parties, their heirs, successors, assigns, and personal
representatives; venue shall lie exclusively in Williamson County, Texas; and references to
Author/Artist and City shall include their heirs, successors, assigns, and personal representatives.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, the parties have duly executed this agreement as of the date
indicated below.
CITY OF ROUND ROCK, TEXAS
Date:
eve Norwoo • , rty Manager Sara White,City Clerk
FOR CITY, ATTEST:
FOR CITY, APPROVE FORM:
B
Ginny's Printing
By:
Printed Name:
Title: VP.
Date: 3.
er-1"
ity Attorney
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