HomeMy WebLinkAboutContract 50935 My beoKel
CONTRACT NO.
� O�F���wbFt�a AGREEMENT BETWEEN THE CITY OF FORT WORTH
C1l'tSECE1�(�� AND HIGHLAND MARKET RESEARCH, LLC
This AGREEMENT ("Agreement') is made and entered into by and between the CITY OF FORT
WORTH ("City'), a home-rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and Highland Market Research, LLC ("Consultant'), a Texas
limited liability company, acting by and through Angie Highland, its duly authorized member, each
individually referred to as a "party" and collectively referred to as the "parties."
WHEREAS, article 5190.14§ 5C of the Texas Revised Civil Statutes establishes the Events Trust
Fund ("ETF"), which is a tax program administered by the Office of the Governor Economic Development
and Tourism ("EDT") that applies local and state gains from sales and use, auto rental, hotel, and
alcoholic beverage taxes to help municipalities offset the costs of hosting sporting and non-athletic events;
WHEREAS, the City intends on submitting a request to the EDT for participation in the ETF for the
following National Association for Stock Car Auto Racing ("NASCAR") event to be held at Texas Motor
Speedway in Fort Worth, Texas: 2019 AAA Texas 500 NASCAR Monster Energy Cup Race Weekend in
November 2019 (referred to herein as the "Event' and may be subject to name revisions as a result of
sponsorship changes);
WHEREAS, to participate in the ETF for the Event, the City is required to submit an economic
impact study or other data sufficient for the EDT to make a determination of the incremental increase in
tax revenue associated with hosting the Event;
WHEREAS, upon the conclusion of the Event, the EDT may also require the City to provide it with
post-event information, such as attendance figures, hotel information, financial information, or other public
information concerning the Event;
WHEREAS, Consultant specializes in conducting market research and analysis to determine the
economic impact of sporting and nonsporting events throughout North Texas;
WHEREAS, City desires to contract with Consultant for the provision of economic impact studies
for the Events in accordance with the terms of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
1. SCOPE OF AGREEMENT.
1.1 Consultant hereby agrees to conduct professional market research and analysis studies
to determine the economic impact of the Event in accordance with the terms of this Agreement and the
scope set forth in Exhibit "A,"which is attached hereto and incorporated herein for all purposes incident
to this Agreement.
2. TERM.
2.1 This Agreement shall commence upon the date that both the City and Consultant have
executed this Agreement ("Effective Date") and shall continue in full force and effect until the City makes
final payment for all services provided herein, unless terminated earlier in accordance with the provisions
of this Agreement.
3. COMPENSATION.
3.1 The City shall pay Consultant an amount not to exceed $12,000.00 in accordance with
Agreement with Highland Market Research,LLC OFFICWIRECORD
CITY SECRETARY
PFT. TX
the provisions of this Agreement and the schedule attached as Exhibit "B," which is incorporated for all
purposes herein. Consultant shall not perform any additional services for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such services. The
City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless
the City first approves such expenses in writing.
3.2 The City shall make each installment payment within thirty (30) calendar days after the
City receives an invoice for the respective service or deliverable unless there is a dispute as to the invoice
or service performed. In the event of a disputed or contested billing, the City shall notify the Consultant of
any error in an invoice not later than the 21St calendar day after the City receives the invoice. Only that
portion so contested may be withheld from payment, and the undisputed portion will be paid. If any
dispute is resolved in favor of the City, then the Consultant shall submit a corrected invoice to the City,
which shall be paid within (30) calendar days after the City receives said invoice.
4. TERMINATION.
4.1. Termination for Convenience.
4.1.1 The City may terminate this Agreement for its convenience upon ten (10) days
written notice to Consultant. Upon receipt of such notice, Consultant shall immediately
discontinue all Services and work and the placing of all orders or the entering into of
contracts for all supplies, assistance, facilities and materials in connection with the
performance of this Agreement and shall proceed to cancel promptly all existing
contracts insofar as they are chargeable to this Agreement. If the City terminates this
Agreement under this section, the City shall pay Consultant for Services actually
performed in accordance herewith prior to such termination, less such payments as
have been previously made, in accordance with a final statement submitted by
Consultant documenting the performance of such work.
4.1.2 Consultant may, for any reason, terminate this Agreement upon thirty (30) days
written notice to the City. Consultant shall provide the City with copies of all completed
or partially completed documents prepared under this Agreement on or before the
effective date of termination. If the Consultant terminates this Agreement under this
section, the City shall pay Consultant for Services actually performed in accordance
herewith prior to such termination, less such payments as have been previously made,
in accordance with a final statement submitted by Consultant documenting the
performance of such Services.
4.2 Termination for Cause. The City may terminate this Agreement for cause in the event
Consultant fails to perform in accordance with the terms and conditions contained herein. In such event,
the City shall give Consultant written notice of Consultant's failure to perform, giving Consultant fourteen
(14) calendar days to come into compliance with the Agreement's requirements. If Consultant fails to
come into compliance with this Agreement, City shall notify Consultant, in writing, and this Agreement
shall be terminated as of the date of such notification. Termination of this Agreement under this provision
shall not relieve the Consultant of any damages resulting from a breach or a violation of the terms of this
Agreement.
4.3 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by the 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 the City of any kind whatsoever, except as to the portions of
the payments herein agreed upon for which funds shall have been appropriated.
4.4 Upon termination of this Agreement for any reason, Consultant shall provide the City with
originals and copies of all completed or partially completed work prepared under this Agreement within
thirty(30) calendar days after the effective date of termination, unless otherwise stated in this Agreement.
Agreement with Highland Market Research,LLC 2 of 13
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to the 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 the 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 the City as confidential and shall not disclose any
such information to a third party without the prior written approval of the City.
6. RIGHT TO AUDIT.
6.1 Consultant agrees that the 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 of the consultant involving transactions relating to this Contract at no additional cost
to the City. Consultant agrees that the 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. The City shall give Consultant
reasonable advance notice of intended audits.
6.2 Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years
after final payment of the subcontract, 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 of such subcontractor involving transactions related to the subcontract,
and further that City shall have access during normal working hours to all subcontractor facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
7.1 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 the 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 respondeat superior shall
not apply as between the 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 as the creation of a partnership or joint enterprise between City and Consultant.
It is further understood that the 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 the 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
subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND 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 OR
Agreement with Highland Market Research,LLC 3 of 13
EMPLOYEES.
8.2 INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE 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) ANDIOR 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,CONTRACTORS, OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its
duties, obligations or rights under this Agreement without the prior written consent of the City. If the City
grants consent to an assignment, the assignee shall execute a written agreement with the City and the
Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant
under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations of the
Consultant under this Agreement prior to the effective date of the assignment. If the City grants consent to
a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this
Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the
Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide
the City with a fully executed copy of any such subcontract.
10. INSURANCE.
10.1 Consultant shall provide the City with certificate(s) of insurance documenting policies of
the following minimum coverage limits that are to be in effect prior to commencement of any work
pursuant to this Agreement:
10.1.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its employees,
agents, representatives in the course of the providing services under this
Agreement. "Any vehicle" shall be any vehicle owned, hired and non-
owned
(c) Professional Liability(Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&O. Either is acceptable if coverage meets all
other requirements. Coverage shall be claims-made, and maintained for
the duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance shall
Agreement with Highland Market Research,LLC 4 of 13
be submitted to the City to evidence coverage.
10.1.2 Certificates. Certificates of Insurance evidencing that the Consultant has
obtained all required insurance shall be delivered to the City prior to Consultant
proceeding with any work pursuant to this Agreement. All policies except Workers'
Compensation and Professional Liability shall be endorsed to name the City as an
additional insured thereon, as its interests may appear. All policies shall contain a
Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include
its employees, officers, officials, agent, and volunteers in respect to the contracted
services. Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement. A minimum of thirty(30) days'
notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten
(10) days' notice shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with
copies to the City Attorney at the same address.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
11.1 Consultant agrees that in the performance of its obligations hereunder, it will 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 the City notifies Consultant of any violation of such laws,
ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
12.1 Consultant, for itself, its personal representatives, assigns, subcontractors 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, subcontractors or
successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
13. NOTICES.
13.1 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, (2) delivered by facsimile with electronic confirmation of the transmission, or
(3) received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
City of Fort Worth Highland Market Research, LLC
Attn:Assistant City Manager Attn:Angie Highland
1000 Throckmorton 716 E Hill Street
Fort Worth TX 76102-6311 Keller, Texas 76248
With Copy to the City Attorney
At same address
Agreement with Highland Market Research,LLC 5 of 13
14. SOLICITATION OF EMPLOYEES.
Neither the 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 of the person's employer. Notwithstanding the foregoing, this
provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the 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 the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. 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.
18. 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.
19. FORCE MAJEURE.
The 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, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. 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.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised 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 exhibits hereto.
Agreement with Highland Market Research,LLC 6 of 13
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT,
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the 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.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)
days from the date that the services are completed. In such event, at Consultant's option, Consultant
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b) refund the fees paid by the City to Consultant for the nonconforming services.
26. MILESTONE ACCEPTANCE.
Consultant shall verify the quality of each deliverable before submitting it to the City for review and
approval. The City will review all deliverables to determine their acceptability and signify acceptance by
execution of the Milestone Acceptance Form, which is attached hereto as Exhibit "C." If the City rejects
the submission, it will notify the Consultant in writing as soon as the determination is made listing the
specific reasons for rejection. The Consultant shall have ten (10) days to correct any deficiencies and
resubmit the corrected deliverable. Payment to the Consultant shall not be authorized unless the City
accepts the deliverable in writing in the form attached. The City's acceptance will not be unreasonably
withheld.
27. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Consultant shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
Agreement with Highland Market Research,LLC 7 of 13
28. BOYCOTT ISRAEL.
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code.
the City is prohibited frorn 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
contract, Consultant certifies that Consultant's signature provides written verification to the City
that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract,
29. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement, and any
amendment(s) hereto, may be executed by any authorized representative of Consultant. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Tarrant County, Texas to
be effective as of the Effective Date.
CITY OF FORT WORTH HIGHLAND MARKET RESEARCH, LLC
$usan lanis 6Z 2nbi"iEggh:la�n�d--
A nt City Manager Member
Date: U 14 1 ) 1� Date:
APPROVED AND LEGALITY:
By:_ —�_-
Tyler F.Wallach FORT
A 'stant City Attorney O
ATT
By:
ary J. Kayser lc
City Secretary ...........
TE�CP
CONTRACT AUTHORIZATION:
No M&C Necessary
OFFICIAL.RECORD
CITY 8ECRETARY
F"9",WORTH,7TX
Agreement with Highland Market Research,LLC 8 of 13
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CITY OF FORT WORTH USE ONLY
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.
Ax'�,I�'4 i 4,/./
Brandy Ar lets
Manage e t Analyst 11
Agreement with Highland Market Research,LLC 9 of 13
EXHIBIT A
SCOPE OF AGREEMENT
I. General Requirements
a. Consultant shall execute any and all documentation required by the EDT for individuals or
businesses preparing and submitting economic data and reports to support the City's
request for or funding under the ETF, including, but not limited to, the affidavit attached
hereto as Exhibit D.
b. Consultant agrees that all services conducted and all reports submitted to the City shall
be in accordance with the highest professional industry standards.
C. Any studies conducted and reports submitted by Consultant pursuant to this Agreement
shall comply with the requirements set forth in Article 5190.14 § 5C of the Texas Revised
Civil Statutes, 10 TAC (Texas Administrative Code) § 184 et seq., and any other
applicable legal requirements, as they currently exist or may be amended in the future.
d. To the extent that any additional information is required by the City or the EDT to ensure
for successful and complete application and funding under the ETF, including, but not
limited to, determinations of the incremental increase in tax revenue associated with
hosting the Event at Texas Motor Speedway in Fort Worth, Texas, or attendance
reporting requirements, Consultant shall provide such services to the City as part of the
consideration paid under this Agreement.
11. 2018 AAA Texas 500 NASCAR Monster Energy Cup Race Weekend
a. Consultant shall conduct all necessary market research to determine the economic
impact of the 2018 AAA Texas 500 NASCAR Monster Energy Cup Race Weekend and
prepare an economic impact projection report that will be used by the City as part of its
application for funding under the ETF for the 2019 AAA Texas 500 NASCAR Monster
Energy Cup Race Weekend.
b. As part of the market research to be conducted hereunder, Consultant agrees to compile
any and all necessary information related to the 2018 AAA Texas 500 NASCAR Monster
Energy Cup Race Weekend that may be required by law or the City, including, but not
limited to, attendance figures (including an estimate of the number of people who are not
residents of the State of Texas who attended the event), hotel information, financial
information, or other public information held by the City.
i. Consultant shall submit an "Attendance Certification Report" to the City detailing
any and all attendance information required by law or the City related to the 2018
AAA Texas 500 NASCAR Monster Energy Cup Race Weekend.
ii. Should the City request any additional information, including, but not limited to,
hotel information, financial information or other public information, then
Consultant shall provide such information in a timely manner, but not later than
the deadline required by the EDT. The City shall give the Consultant reasonable
notice of the EDT's request for such information.
Agreement with Highland Market Research,LLC 10 of 13
EXHIBIT B
DELIVERABLES, DEADLINES,AND PAYMENT SCHEDULE
Deliverables Deadline Payment
2018 AAA Texas 500 NASCAR Monster Energy $12,000.00
Cup—Economic Impact Report
a. For use by the City in applying for the a. December 31,
2019 AAA Texas 500 NASCAR Monster 2018
Energy Cup Race Weekend
b. 2018 AAA Texas 500 NASCAR Monster
Energy Cup Race Weekend Attendance b. December 1,
Certification Report 2018
c. Post-event Information Report for the c. Within 30
2018 AAA Texas 500 NASCAR Monster calendar days
Energy Cup Race Weekend, including after written
hotel, financial and other public request by the
information. Cit
TOTAL $12,000.00
'The post-event information report will only be required if requested by the City during the term of this
Agreement.
"It is understood and agreed between the parties that the City will pay the Consultant the full$12,000.00
after the City receives and accepts the deliverables set forth in Section 1.a and b. of Exhibit B. The
Consultant understands and acknowledges that it will not receive any additional compensation for the
preparation and submission of the post-event information reports in the event that the City requests such a
report during the term of this Agreement
Agreement with Highland Market Research,LLC 11 of 13
EXHIBIT C
MILESTONE ACCEPTANCE FORM
Services Delivered:
Milestone/Deliverable Ref. #:
Milestone/Deliverable Name:
Milestone/Deliverable Target Completion Date:
Milestone/Deliverable Actual Completion Date:
Approval Date:
Comments (if needed):
Approved by Consultant: Approved by City Department Director:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
For Director Use Only
Contracted Payment Amount:
Adjustments, including
penalties:
Approved Payment Amount:
Agreement with Highland Market Research,LLC 12 of 13
Exhibit D
Affidavit
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AFFIDAVIT
for Economic Impad DDcarnentation
Affidavit to be completed,including signed and notarized,byyany and Aparty(ies)providing AffiantSigrature Primed Name
economic data to support an application for an Event Trust Fund,Major Events Reimbursement
Program or Motor Sports Racing Trust Fund.
rifle and Name ofOrgani ation Date
I am pmvicing information to be used by a City,County or local
Organizing Committee for the purpose of receiving funding through the Event Trust Fund,Major Events
Reimbursement Program,or Motor Spots Racing Trust Fund('the Acrj,and hereby swear and affirm that,to the The State at Texas
best of my lonwkdge,any data prodded is true and accurate,and any prgecdan made are based on reasonable
assumptions dmimented in the information provided. I further swear and affirm that I have reviewed the Carty at
information being submitted,and that all of the statements maple and information provided hwei,inducing
statements made and information poked in any attacivitents ire M complete,and ccirreM to the best of my Bdaeme,aNmaryPublic,ontlusdaypersonallyappearai tmimtometobethe
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associated with hosting the event in Texas,inducing a fisting of any data for any related activities.
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falsity,when the actor las the intentto harm or dMraud anther.
I understand that the offeme of perjury,oder Section 37.07,Texas Penal Code,is committed when a person,with
intent to deceive and With lzmledgeof the statemenf's meaning,makes a false statement under oath or swears to (Print reme of Notary Public here(
the truth da false statement pmiausly made and the statement is recored or authorized by law to be mark order
oath My canmissionaprires#e_dsyd 20
I understandmy obligation to provide information abort event expectation,performance,and expenses that are we
and amrate to the best d my b mkdge and ability.I also uderstand my ahlgation to immedia"report any
(mown or suspected waste,fraud,and abuse of funds received under the Act to tlhe Texas State AudhYs Office at
1-800892-8348.I hereby swear and affirm that I have read the entire affidavit,and I wdmtard its contents. p
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