HomeMy WebLinkAboutContract 56847 CSC No.56847
AGREEMENT BETWEEN THE CITY OF FORT WORTH
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, Chapter 478 of the Texas Government Code establishes the Major Events
Reimbursement Program ("MERP"), 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 MERP for
the following 2022 NASCAR All-Star Race Weekend ("NASCAR") event to be held at Texas Motor
Speedway in Fort Worth, Texas: Texas 250 and SpeedyCash.com 220, May 20 - 22, 2022 (referred to
herein as the"Event"and may be subject to name revisions as a result of sponsorship changes);
WHEREAS, to participate in the MERP 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 $15,000.00 in accordance with the
provisions of this Agreement and the schedule attached as Exhibit "B," which is incorporated for all
OFFICIAL RECORD
Agreement with Highland Market Research,LLC
CITY SECRETARY
FT. WORTH, TX
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 21s' 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.
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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
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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
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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, 1000 Throckmorton, 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: Deputy City Manager Attn: Angie Highland
200 Texas Street 716 E Hill Street
Fort Worth TX 76102-6311 Keller,Texas 76248
With Copy to the City Attorney
i
At same address
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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.
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.
Agreement with Highland Market Research,LLC 6 of 13
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 1-9 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.
28. 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.
Agreement with Highland Market Research,LLC 7 of 13
29. ELECTRONIC SIGNATURES.
This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these purposes,
"electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile
transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign.
30. NO BOYCOTT OF ISRAEL
If Consultant has fewer than 10 employees or this Agreement is for less than$100,000,this section
does not apply. Consultant acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the 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" has the meanings
ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement,
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 Agreement.
31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
Consultant 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, Consultant certifies that Consultant's signature provides written
verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES.
Consultant 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,
Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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 against a firearm entity or firearm trade association during
the term of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Agreement with Highland Market Research,LLC 8 of 13
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
``/I f`
By:Jesus J.Chapa ec l ,2021� 19:17 CST) y —
Jesus Chapa n a Highland
Deputy City Manager Member
Date: Date: 0
APPROVED AS TO FORM AND LEGALITY:
By, a Fonr
Tyler F.Wallach O004 �
Assistant City Attorney �,�o° °00 ��
p�0
ATT T: V° 0 2
0y
By,J ette S.Goodall(Dec 15,202115 CST) T °o° °0 T�
City SeJannettcretary all d� EXAgap�
-•----------------------•-•--------------------•-------- ..............................................................................
CITY OF FORT WORTH USE ONLY
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
For the monitoring and administration or this comp=, including
ensuring all performance and reporting requirements.
Christopher J.Roden
Interim Program Coordinator
CONTRACT AUTHORIZATION:
No M&C Necessary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Agreemenl with Highland Wittet Research,LL.C'.
EXHIBIT A
SCOPE OF AGREEMENT
I. General Requirements
a. Consultant must 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 MERP, 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 will be
in accordance with the highest professional industry standards.
C. Any studies conducted and reports submitted by Consultant pursuant to this Agreement
must comply with the requirements set forth in Chapter 478 of the Texas Government
Code, 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 MERP, 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.
ll. Texas 250 and SpeedyCash.com 220 Race Weekend
a. Consultant will conduct all necessary market research to determine the projected economic
impact of the Event and prepare an economic impact report that will be used by the City
as part of its application for funding under the MERP for the Event.
b. As part of the market research to be conducted hereunder, Consultant agrees to compile
any and all necessary information related to the Event 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 must submit an "Attendance Certification Report" to the City detailing
any and all attendance information required by law or the City related to the Event.
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 will 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
1. 2022 NASCAR All Star Race Weekend: Texas $15,000.00
250 and SpeedyCash.com 220 — Economic
Impact Report
a. March 1, 2022
a. For use by the City in applying for the
2021 NASCAR All Star Race Weekend
b. 2021 NASCAR All Star Race Weekend b. June 13, 2022
Attendance Certification Report
c. Event Information Report for the 2022
NASCAR All Star Race Weekend, c. See Exhibit A,
including hotel, financial and other Il.b.ii
public information.
TOTAL $15,000.00
**It is understood and agreed between the parties that the City will pay the Consultant the full$15,000.00
after the City receives and accepts the deliverables set forth in Sections 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 reports in Section 1.c of Exhibit B in the event that the City requests
such a report during the term of this Agreement
Agreement with Highland Market Research,LLC I I 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
AFFIDAVIT
The Stale of Texas
for Economic Impact Documentation
Countyof
Affidavit to be completed,Including signed and notarised,by any end all party(les)providing economic data to
support an application for an Event Trust Fund,Major Events Reimbursement Prolf am or Motor Sports Racing Trust Before me,a Notary Public on this day personally appeared_ known tometobe the personwhose
fund. name k subscribed to the forgoing instrument and 4nowledged to me that he/she execu led the same for the purpose and conside ration
therein expressed.
I,j'fTy amprovkingnformalbntobeusedbyaCity,CountyorLoalOrganhingCommHteeforthepurposeofreceivingfundngthrough
the Event Trust Fund,Major Events Reimbursement Program,of Motor Sports Racing Trust Fund(WheAd"j,and hereby swear and affifin Givenundermy hand and sealof office this day of_,20
that,to the best of my knowledge,any data provided ktrue and accurate,and any projectionsmade are based on reasonable assumptions
documented in the information provided.I further swear and affirm that I have reviewed the information being submitted,and that all of
the statements made and information provided hereto,IncludIngstatements made and information provided Manyattachments are true,
complete,and wed,to the best of myknowkdge.information provided Includes but Knot Wed to an economic Mpad study or other NotaryPubkc,State of Texas
data sufficient for the Economic Development and Tourism040 to make the determination of the incremental Increase In tax revenue
associated with hosting the event nTexas,including a listing of any data for any relatedactrvnles.
(PERSONALIZED SEAL)
l understand that the(4,County or laal Organbng Committee Is receiving funding under the Act for the purposes of fadRaling this
event_on these dates:_and that the Information will be provided by the City,County of Coal Organizing Committee as a
government document.
(Pont name of Notary Public here)
Iunderstand that als a felony offense under Sedan 37.10,Texas Penal(ode,to knowingly make afake entry in,or fake alteration of,a
govemmenlalrecord,or to make,present,or use a governmental record with knowledge of Its falsq,when the ador has the Intent to My commission expires the__day of—J 20_
harm or defraud another.
I understand that the offense of penury,under Section 37,02,Texas Penal Code,Is committed when a person,with intent todeceveand
with knowledge of the statements meaning,makes fake statement under oath or swears to the truth of a fake statement previously
made and the statement Is requited or authmired by kw to be made under oath.
I understand my obligation to provide information about event expe cations,performance,and expenses that are true and accurate to the
best of myknoAcige and ability.I also understand my obligation to immediately report any known of suspected waste,fraud,and abuse
of funds received under the Ad to the Texas State AudrtorsOf10at 1-80D892-8W.I hereby swear and affirm that I have read the
entire affidavit,and I understand'ds contents,
AffiantSignature PrintedName
Title and Name ofOrganhalon Date
I Jul Wo On
10110
Agreement with Highland Market Research,LLC 13 of 13