HomeMy WebLinkAboutContract 58632 CSC No.58632
ADDENDUM TO THE MCMILLION GROUP STATEMENT OF WORK
BETWEEN
THE CITY OF FORT WORTH
AND
THE MCMILLION GROUP
This Addendum to The McMillion Group Statement of Work ("Addendum") is entered
into by and between The McMillion Group, LLC ("Vendor") and the City of Fort Worth("City"),
collectively the "parties", for Neighborhood Services Department Employee's Training on
December 16, 2022 and SWOT Analysis Workshop in Spring 2023.
The Contract documents shall include the following:
1. The McMillion Group Statement of Work; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached The McMillion Group
Statement of Work (the "Agreement"), the Parties hereby stipulate by evidence of execution of
this Addendum below by a representative of each party duly authorized to bind the parties hereto,
that the parties hereby agree that the provisions in this Addendum below shall be applicable to the
Agreement as follows:
l. Term. The Agreement shall become effective upon the signing of the Agreement
by an Assistant City Manager of the City (the "Effective Date") and shall expire one (1)year after
the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement or otherwise extended by the parties. The Agreement may be renewed
for zero renewals at City's option, each a"Renewal Term." City shall provide Vendor with written
notice of its intent to renew at least thirty (30) days prior to the end of each term.
OFFICIAL RECORD
CITY SECRETARY
2. Termination.
FT.WORTH,TX
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
termination.
b. Breach. If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten(10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
i
written notice to the breaching party.
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C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Addendum Page 1 of 6
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Fees Penalties and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Linked Terms and Conditions. If the Agreement contains a website link to terms
and conditions, the linked terms and conditions located at that website link as of the effective date
of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the
extent that the linked terms and conditions conflict with any provision of either this Addendum or
the Agreement, the provisions contained within this Addendum and the Agreement shall control.
If any changes are made to the linked terms and conditions after the date of the Agreement, such
changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently
demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the
linked terms and conditions are hereby deleted and void.
6. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by
E Governmental Units," is self-insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self-insured status as
requested by Vendor.
Addendum Page 2 of 6
7. Sovereign hmmunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
8. Limitation of Liability and hidemnity. To the extent the Agreement, in any way,
limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect. City shall not be liable
to Vendor or any third-party for any claims or damages except actual damages solely caused by
City's gross negligence or willful acts and VENDOR AGREES TO DEFEND INDEMNIFY
AND HOLD HARMLESS CITY AGAINST ANY AND ALL CLAIMS ARISING FROM OR IN
CONNECTION WITH VENDOR'S PERFORMANCE HEREUNDER.
9. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
10. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
11. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control
12. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
Addendum Page 3 of 6
13. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Govermment Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) ivill not boycott Israel during the term of the Agreement.
14. Right to Audit. Vendor agrees that City shall,until the expiration of three(3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
15. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that
has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company"
and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor
certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
26. Prohibition on Discrimination Against Firearm And Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a
contract for goods or services that has a value of$100,000 or more that is to be paid wholly or
partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or
firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade
association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies
that Vendor's signature provides written verification to the City that Vendor: (1) does not have a
Addendum Page 4 of 6
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
(signature page follolvs)
Addendum Page 5 of 6
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing 1 acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: performance and reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
Date: Dec 19,2022 By:
Name: Rhonda Hinz
Approval Recommended: Title: Sr. Administrative Sea ' s Manager
Approved as to Form and Legality:
By:
Name: actor Turner
Title: Director pu By: Jo Gun Dec 9,202210:54 CST)
e0 i FORrooA� Name: Jo Ann Gunn
o
Attest: oho °l�ad Title: Sr.Assistant City Attorney
Pvo o=d
�P o° o°�c a
aQ a� Contract Authorization:
Qa>i nEXA5o4 Tanneft S.Goodall M&C: N/A
By: Jannette S.Goodall(Dec 19,202213:26 CST)
Name: Jannette Goodall
Title: City Secretary
VENDOR:
The McMillion Group, LLC
By:
7'�ia. '10— ��rL
Name: Michael R. McMillion
Title: President
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Addendum Page 6 of 6
Page 1
The McMillion Group
October 7, 2022
Presented by;
Michael R. McMillion, President
i
Victor T. Turner, Director
Neighborhood Services Department, Fort Worth, Tx
I Victor T. Turner, Director
All Employee's Training and
SWOT Analysis Workshop
3 Days
TBD
TBD
Statement of Work
TMG Invoice Number: 10-7-2022, City of Fort Worth, Texas
Page 12
a. Customer/Agency: Neighborhood Services Department, Fort Worth, Tx
b. Name and Title: Victor T. Turner, Director, Neighborhood Services
Department
c. Address: 200 Texas Street
d. City: Fort Worth State: TX Zip: 76102
e. Phone: (817) 392,8187
f. Email: Victor.Turner@fortworthtexas.gov
Description of Services:
The McMillion Group (Consultant) will provide a Two-Phase Training Program for
the Fort Worth Neighborhood Services Department. The Phases are as follows:
Phase I:
Conduct Conflict Management and Teambuilding Training for all
employees of the Neighborhood Services Department. The class will
teach participants how to deal with conflict from a mutual gains
approach; how to communicate effectively when angry; how to build
consensus from everyone's concerns; how to improve their active
listening skills; how a person's working styles impact group dynamics;
the impact of trust and distrust on an organization; and how teams are
stronger working together than individually.
Course Obiectives:
• Understand the power of self-control and the ability to influence others.
• Learn how to respond to a situation when you have no control.
• Learn how to dialogue with team members effectively.
• Learn how to conduct a conversation when angry.
• Understand the critical elements of consensus-decision-making.
Understand the four types of working styles and their impact on group
dynamics.
• Understanding why trust is essential in maintaining an effective team.
Page 13 ° Understanding the different conflict management styles and their impact on
team performance.
• Understand the characteristics of a team "built to achieve" and
• Understand the essential characteristics of an effective leader.
Phase II:
During Phase II, the Consultant will facilitate a Strength, Weaknesses,
Opportunities, and Threats (SWOT) Analysis Workshop with the City of
Fort Worth's Neighborhood Services Department's senior leadership
team. During the workshop, participants will participate in an immersive
workshop to increase operational and team efficiency by setting goals
and objectives for the Department.
Workshop Obiectives:
A facilitated examination of the Department's Strengths, Weaknesses,
Opportunities, and Threats (SWOT) will allow participants to explore areas where
inefficiencies can be identified, but more importantly, where strengths and
opportunities can be leveraged to improve the efficiency of the Department.
During this workshop, participants will establish goals and objectives around each
core analyzed area and collectively define the steps necessary to reach each goal.
This session will engage and challenge all participants through the practical
application of strategies to address current organizational circumstances in need
of change.
The desired outcome is to provide the Neighborhood Services Department's
leadership with clarity around what works well today, what can be
operationalized for a more efficient future, and a clear framework for reaching
the Department's goals and objectives.
UI l
Delivery:
To accomplish the services outlined above, the Consultant will:
Phase I:
Page 14 Travel from San Antonio, Texas, to Fort Worth, Texas, to provide an all-
hands conflict management/team build ing training session in December on
a date to be determined.
Phase II:
Travel to the City of Fort Worth, Texas, from Denver, Colorado, to facilitate
a workshop centered on the Department's strengths, weaknesses,
opportunities, and threats (SWOT) with the Department's leadership team
on dates to be determined.
Service Delivery Location and Date:
Location: City of Fort Worth, Texas
Date(s): TBD
Individual Responsible for Payment:
a. Customer/Agency: Neighborhood Services Department, Fort Worth, Tx
b. Name and Title: Victor T. Turner, Director, Neighborhood Services
Department
c. Address: 200 Texas Street
d. City: Fort Worth State: TX Zip: 76102
e. Phone: (817) 392,8187
f. Email: Victor.Turner@fortworthtexas.gov
Payment Type:
(X) Check or
( ) Credit Card
rk,
c/ 6 1110/I
(�#-I/p
Individual Responsible for Approving Payment:
a. Customer/Agency: Neighborhood Services Department, Fort Worth, Tx
b. Name and Title: Victor T. Turner, Director, Neighborhood Services
Page 15 Department
c. Address: 200 Texas Street
d. City: Fort Worth State: TX Zip: 76102
e. Phone: (817) 392,8187
f. Email: Victor.Turner@fortworthtexas.gov
Cost(s): Phase I:
(a) Preparation and Delivery of Conflict Management/Teambuilding
Training: _ $12,500.00
(b) Hotel: 1 days @ $167.000 per day, plus taxes/parking and fees =
$246.00
(c) Per Diem: $61.00 per day @ 2 days = $1.22.00
(d) Mileage: SA to Ft Worth 175 miles one way @ 2 = 350 miles x .625 =
$218.75
Total Costs: $13,086.75
Phase 11:
(e) Preparation and Delivery of SWOT Analysis : _ (2 days) $6,500.00 first
day + $3,250.00 second day = $9,750.00
(f) Hotel: 2 days @ $246.00 per day including taxes and fees = $492.00
(g) Per Diem: $61.00 per day @ 3 days = $183.00
(h) Mileage: $0
(i) Flight: $257.20 (Denver to Fort Worth and return)
Total Costs: $10,682.20
Total Costs: Phase I: $13,090.75 + Phase 11: $10,682.20 = $23,772.95
I
w'
Remit Payment (within seven days of delivery of service) to:
Page 16 The McMillion Group, LLC
C/o Mike McMillion
1514 Adobe Springs Drive
San Antonio, Texas 78232-4900: (P) (210) 386-7219
TheMcMilliionGroup@satx.rr.com
Make Check Payable to The McMillion Group, LLC
Approved:
For The City o Fort th, Neighborhood Services Department:
Date:
For TMG: Michael R. McMillion Date: October 7, 2022