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HomeMy WebLinkAboutContract 63779dotloop signature verification: dt1p.us/g3B2-RYe4-AEgz CSC No. 63779 PERSONAL SERVICES AGREEMENT This PERSONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and GRIFFITH SHOOTING SOLUTIONS LLC, an individual ("Consultant"), each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Personal Services Agreement; and 2. Exhibit A — Scope of Services 3. Exhibit B -Quote The Exhibits, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Griffith Shooting Solutions will provide a Weapons Range training to Law Enforcement personnel with a focus on high performance shooting. Sean Griffith accomplishes this by blending his experience in the competitive arena and his background in Law Enforcement to help officers/agents perform at their highest level ("Services"), which are set forth in more detail in Exhibit "A" ("Scope of Services"), attached hereto and incorporated herein for all purposes. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager ("Effective Date") and shall expire one (1) year from that date, unless terminated earlier in accordance with this Agreement. Buyer shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal periods, (each a "Renewal Term"). 3. Compensation. City will pay Consultant in accordance with the provisions of this Agreement and Exhibit `B," — Quote, which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement during any individual term will not exceed Ten thousand five hundred dollars and no cents ($10,500.00) annually. The consultant shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of consultant not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Personal Services Agreement Page 1 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz 4. Termination. 4.1. Written Notice. City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-amonriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of termination, and Consultant shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Consultant shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City Information (defined below) or data as a requirement to perform services hereunder, Consultant shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Consultant hereby warrants to City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. 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. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller 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. 5.4 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify City immediately if the security or Personal Services Agreement Page 2 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz integrity of any City Information has been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Access to Restricted Citv Facilities and Information. In performing services under this Agreement, Consultant may need to access portions of the Bob Bolen Public Safety Training Center or other City facilities (the "Premises") that are restricted due to requirements associated with access to Criminal Justice Information Systems ("CJIS"). The parties acknowledge and understand that the Premises contains one or more areas where CJIS protected data is viewed, modified, and used. Furthermore, the parties acknowledge that federal and state law set forth the access requirements for CJIS protected data. In being granted access to the Premises, Consultant must be escorted at all times while on Premises by a City employee who has proper clearance and authorization to access CJIS protected data. Consultant shall sign in and out at the front desk of Premises upon entry and exit. Consultant shall carry a valid photo ID while on Premises. In addition to the extent Consultant requires access to CJIS-protected data, the parties agree to comply with all federal and state law requirements regarding access. 7. Ownership of Work Product. City shall not be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall not be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Consultant reserves all rights to PCI, PSI and any documentation created with Consultant's program. Documents created by Consultant and City under this Agreement may be utilized by both parties. 8. Right to Audit. Consultant agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Consultant involving transactions relating to this Agreement at no additional cost to City. Consultant agrees that City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. 9. Independent Contractor. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors, and subcontractors. Consultant further agrees that nothing herein shall be construed Personal Services Agreement Page 3 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 10. Liability and Indemnification. 10.1 LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR SEPARATE CONTRACTORS OR SUBCONTRACTORS. 10.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR SEPARATE CONTRACTORS OR SUBCONTRACTORS. 11. Assignment and Subcontracting. 11.1 Assignment. Consultant shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. Consultant and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the effective date of the assignment. 11.2 Subcontract. As personal services, the duties of Consultant may not be subcontracted. 12. Insurance. Within ten (10) business days of the Effective Date, Consultant shall provide City with certificate(s) of insurance documenting policies of the following types and Personal Services Agreement Page 4 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz minimum coverage limits that are to be in effect in connection with providing services. Such certificates must be reviewed and approved prior to Consultant commencing any work pursuant to this Agreement: 12.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Consultant, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. 12.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) Any workers' compensation policy required or obtained in connection with the Consultant's services shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. Personal Services Agreement Page 5 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Consultant has obtained all required insurance shall be delivered to the City prior to Consultant commencing services under this Agreement. 13. Compliance with Laws, Ordinances, Rules and Regulations. Consultant agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 14. Non -Discrimination Covenant. Consultant, for itself, its personal representatives, assigns, subconsultants and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONSULTANT, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONSULTANTS OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 15. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail (formerly Energy Way) Fort Worth, TX 76102 Facsimile: (817) 392-8654 With a copy to Fort Worth City Attorney's Office at same address To CONSULTANT: Griffith Shooting Solutions LLC Attn: Sean Griffith 1511 Colonial Coast Circle SE Townsend, GA 31331 (410) 829-5154 16. Solicitation of Emvlovees. Neither City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent Personal Services Agreement Page 6 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz of the other party. Notwithstanding the foregoing, this provision shall not apply to an employee who responds to a general solicitation of advertisement of employment by either party. 17. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 18. No Waiver. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 21. Force Maieure. City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 23. Review of Counsel. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits. 24. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 25. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. Personal Services Agreement Page 7 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz 26. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Signatures on Following Page Personal Services Agreement Page 8 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. ACCEPTED AND AGREED: CITY OF FORT WORTH By: �� Y Name: William Johnson Title: Assistant City Manager Date: 08/05/2025 APPROVAL RECOMMENDED: By: RobeRobe Aug4,202513:34:26 CDT) Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief ATTEST: p44 on�a Foet �a a> Fasooeaao,*o'9.IP 0 �o By: Name: Jannette S. Goodall Title: City Secretary CONSULTANT GRIFFITH SHOOTING SOLUTIONS LLC By: 1-5e-owfzigo" Name: Sean Griffith Title: Owner/Instructor Date: dotloop verified 07/27/25 5:59 PM EDT 0EGW-0KWD-GLBH-ZSH0 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jackson Skinner Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: None Required Date Approved: N/A Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Personal Services Agreement Page 9 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz EXHIBIT A SCOPE OF SERVICES Sean Griffith will teach Griffith Shooting Solutions 3-Day Performance Mechanics Course for up to 16 Fort Worth Police Department Weapons Instructors at the Bob Bolen Public Safety Complex Weapons Range. This class will train Weapons Instructors the fundamentals of shooting a handgun at a high speed while maintaining accuracy and consistency. Topics include: • Physical structure (stance, grip, presentation) • Trigger manipulation for accuracy at speed • The visual side of shooting as it pertains to target risk • Target transition concepts • Apply proper fundamental shooting while engaging multiple targets • The concept of throttle control throughout target arrays • Engage full target arrays with varying degrees of risk • Shooting on the move while staying aggressive in both the movement itself and the shooting • When and how to leverage shooting on the move while exiting and entering shooting positions • How to get set up for complete target arrays/areas which will allow for maximum accuracy at speed throughout the array • Training methodologies • How to isolate skills • How to use training metrics to guide training and goals • How to effectively use both dry and live fire to hone skills. Personal Services Agreement Page 10 of 11 dotloop signature verification: dtlp.us/g3B2-RYe4-AEgz EXHIBIT B QUOTE GGRIFFITH • SHOOTING SOLUTIONS QUOTE Griffith Shooting Solutions 1:511 Colonial Coast Circle SE T(,wnsend, Georgia 31331 UniLed Slates 1 4106-829-5154 lean@griffithshooti ngsolutions.com QUOTE FOR Fort Worth iPolice Department DESCRIP I ION COST 3 Day Performance Mechanics Course $10,500 $3,500 per day Moxi,mum 16 students QUOTE NUMBER 3001 ISSUE DATE April 11, 2025 Questions? Contact Griffi[h 5huoting Solutions at lean@griffithshootingsolutions.eom or call at +1 41M29-515z. Personal Services Agreement Page 11 of 11