CM-2023-086 - 4/28/2023TRAINING AGREEMENT
Between
The Concord Leadership Group, LLC
and
City of Round Rock, Texas
THIS TRAINING AGREEMENT (this "Agreement") is hereby entered into this,,+ day of April 2023 (the
"Effective Date")
BETWEEN City of Round Rock of Round Rock, TX, (the "City"); -
AND -
The Concord Leadership Group, LLC of Greenville, SC, (the "Coach");
RECITALS
WHEREAS, City is in need of education, professional speaking and/or coaching services; and
WHEREAS, Coach has agreed to perform said work for by providing expertise by performing the
Services as further set forth herein;
NOW, THEREFORE, in consideration of the matters described above and of the mutual benefits and
obligations set forth in this Agreement, along with the receipt of good and valuable consideration, the
parties hereby agree as follows:
1. COACH'S SERVICES. Coach shall be available and shall provide to City professional speaking
services in the area of fundraising solicitation expertise (the "Services") as requested and as
further set forth herein.
a. Specifications Of Services. The parties have agreed upon the following details regarding
the Services, to be rendered by Marc A. Pitman on behalf of Coach.
i. Location: Round Rock, Texas (possibly at the library's new location)
ii. Date: June 9-10, 2023
iii. Length of session/presentation: One -day of training for 40-50 board members
of local arts organizations. The day of training will be split over two days to
allow attendees to better absorb the content. Marc will interview 10-12
possible attendees prior to the event to make this training specific for the
Round Rock audience.
b. Special Requests of Coach:
L Equipment. The Coach requests that a projection screen, a HDMI or other
comparable projector/projection system, HDMI cords/extension
cords/appropriate power strip or outlets, a lavalier mic, and adequate room
temperature bottled water or Starbucks or Peets coffee be provided during the
course of any speaking services at the expense of City.
2. COMPENSATION. As payment for the Services, City will pay Coach the agreed upon
compensation and reimbursement of expenses as set forth herein (collectively, the
"Compensation").
Fee. As discussed, the fee for the Services is Eleven Thousand Five Hundred US
Dollars (USD $11,500) (the "Fee"). Fifty percent (50%) of said Fee — Five Thousand Seven
Hundred Fifty US Dollars (USD $5,750) shall be paid to Coach upon signing of this agreement
to reserve the date and time and is considered non-refundable. The balance of the Fee shall
be paid to Coach on or before the last date of Services as outlined in Section 1 above.
a. Book Sale. City has agreed to make a bulk book order of Coach's book entitled Ask
Without Fear?. The City shall pay the special discounted organizer rate of Nine Dollars
and Ninety -Seven Cents (USD $9.97) per book, and has ordered 40 copies of the book.
The total amount of Three Hundred Ninety -Eight Dollars and Eighty Cents
(USD $398.80) plus Fifty Dollars (USD $50) for shipping shall be paid to Coach upon
signing to allow adequate time for delivery of such book order.
b. Expenses. City will pay a flat -rate travel fee of One Thousand Five Hundred US Dollars
(USD $1,500) for Coach's expenses associated with and incurred while traveling to the
agreed upon location or performing the Services (the "Expenses"). This one-time fee is
due upon signing of this Agreement. Any additional fees or expenses exceeding this
amount will be the sole responsibility of the Coach.
3. PAYMENT & TAXES. All compensation shall be paid in US Dollars (USD) by cash, check, wire, or
otherwise immediately available funds. Any payment paid to Coach per the terms of this
Agreement will be considered late and in arrears if not paid within thirty (30) days of the time
specified herein or on any subsequent invoice and will become subject to a late penalty fee as
set forth in the Texas Prompt Payment Act. The City agrees to make available, in advance of the
performance of Services by Coach, any required forms, tax forms, including, but not limited to,
W-9 and 1-9's, documents, or other material required by to be completed for their own business
and/or tax purposes to The Concord Leadership Group, LLC, for completion in advance of
rendering Services.
4. INDEPENDENT CONTRACTOR. The Parties acknowledge and agree that the Services performed
by Coach has been and shall be as an independent contractor and that nothing in this Agreement
shall be deemed to constitute a partnership, joint venture, or agency relationship between the
parties. Coach shall retain sole financial responsibility for all income and employment taxes due
to federal, state or local governmental.
5. TERM & TERMINATION. This Agreement shall commence on signature and shall terminate upon
completion of duties by both parties (Services by Coach and full payment of Compensation by
City). Either party may terminate this Agreement upon Thirty (30) days prior written notice prior
to rendering of services.
6. NOTICE. Any notice or other communication in connection with this Agreement shall be in
writing and deemed effective when delivered by mail, messenger or facsimile transmission to the
other party's address contained in this Agreement, or such other address as either party shall
specify by notice given to the other party pursuant hereto.
a. Notice to Coach: The Concord Leadership Group, LLC, Marc A. Pitman, 2435 E. North
Street, Ste 1108-171, Greenville, SC 29615
b. Notices to City: City of Round Rock, Scot Wilkinson, 221 E. Main Street, Round Rock, TX
78664
7. LIABILITY & LIMITATION. City and its clients, agents, employees, heirs or assigns shall hold the
Coach free and harmless from any obligations, costs, claims, judgments, attorneys' fees, and
attachments arising from or growing out of the Services. COACH'S ENTIRE
LIABILITY TO CITY, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION
OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL
BE LIMITED TO THE TOTAL COMPENSATION ACTUALLY PAID BY CITY TO
COACH FOR THE SERVICES RENDERED UNDER THIS AGREEMENT.
8. GOVERNING LAWS & DISPUTE RESOLUTION. This Agreement shall be governed by and
construed in accordance with the laws (other than the conflict of law rules) of the state of Texas.
The parties hereto shall make a reasonable attempt to settle any dispute, claim, controversy, or
difference, whether based on contract, tort, statute or other legal or equitable theory, between
the Parties that relates to this Agreement in any way (collectively, a "Dispute"), in accordance
with this Section. Either Party may initiate dispute resolution procedures by providing written
notice of the Dispute to the other Party. The Parties shall, in the first instance, attempt in good
faith to negotiate a resolution of any Dispute and shall arrange for at least one meeting between
the parties within fifteen (15) days after a Party delivers such notice of Dispute. The Parties agree
to attempt to resolve all Disputes arising hereunder promptly, equitably, and in a good faith
manner and may mutually agree to submit the Dispute to mediation. If such good faith efforts do
not result in a resolution of the Dispute within thirty (30) days after notice of a Dispute is
delivered by either Party, then either Party may pursue all of its remedies available pursuant to
this Agreement, including litigation in any court of competent jurisdiction.
9. Miscellaneous.
a. Entire Agreement and Amendments. This Agreement constitutes the entire agreement
of the parties with regard to the subject matter hereof, and replaces and supersedes all
other agreements or understandings, whether written or oral. No amendment or
extension of the Agreement shall be binding unless in writing and signed by both parties.
b. Binding Effect, Assignment. This Agreement shall be binding upon and shall inure to the
benefit of Coach and City, and to each party's successors and assigns. This Agreement
may not be assigned by either party without mutual written agreement.
c. Severability. The invalidity or unenforceability of any provision of the Agreement shall
not affect the validity or enforceability of any other provision.
d. Force Majeure. Coach shall not be liable for failure or delay in performance of Services if
such failure or delay is a result of causes and/or circumstances beyond the Coach's
reasonable control and without its fault or negligence (including but not limited to
accident, illness, Acts of God, natural disasters, failure in transportation). Should any
such occurrence impede or delay travel and arrival to perform Services, every
reasonable effort will be made by both parties to mitigate, modify, or alter said
agreement as to meet the stated and agreed upon obligations.
WHEREFORE, the parties have executed this Agreement as of the date first written above.
ROUND ROCK, TEXAS
N/,Gl,W�4o
at Manager
Xhe Concord Leadership Group, LLC
Marc A. Pitman, President/Member
City of Round Rock
ROUND ROCK
rI- Agenda Item Summary
Agenda Number:
Title: Consider executing a Train -g Agreement with The Concord Leadership Group,
LLC for professional serv.ces related to a workshop for arts and cultural groups.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/28/2023
Dept Director: Sara Bustilloz
Cost: $13,500.00
Indexes: Hotel Occupancy Tax Fund
Attachments: Signed Train'ng Agreement.20230412 RoundRock
Department: Communications & Marketing
Text of Legislative File CM-2023-086
Marc Pitman of the Concord Leadership Group will provide a special retreat/conference for arts groups to
learn about Arts Non -Profit Management, Board Development, and Fundraising. This will be a free retreat
and conference.
Cost: $13,500
Source of Funds: Hotel Occupancy Tax Fund
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