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HomeMy WebLinkAboutContract 46246 CITY SEcWAw CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GROTTA MARKETING 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 Grotta Marketing Research, LLC ("Consultant'), a Texas limited liability company, acting by and through Gerald L. Grotta, 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 Texas Comptroller of Public Accounts ("Comptroller") 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 requests to the Comptroller for participation in the ETF for the Firestone 600 lndyCar Race to be held at Texas Motor Speedway in Fort Worth, Texas in June 2015 and June 2016 (the two events will be collectively referred to herein as the "Events" and may be subject to name revisions as a result of sponsorship changes); WHEREAS, to participate in the ETF for the Events, the City is required to submit an economic projection or impact study or other data sufficient for the Comptroller to make a determination of the incremental increase in tax revenue associated with hosting the Event; WHEREAS, upon the conclusion of the Events, the Comptroller 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 Events; 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 projection and 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 Events 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 Exhibit "B," which is incorporated for all OFFICIAL RECORD Agreement with Grotta Marketing Research,LLC CITY SECRETARY RECEIV F DES 1 P l of 12 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 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 Grotta Marketing Research,LLC 2 of 12 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 Agreement, 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 Agreement 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 Grotta Marketing Research,LLC 3 of 12 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 Services 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) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits Agreement with Grotta Marketing Research,LLC 4 of 12 consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) 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 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 Services 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 Agreement with Grotta Marketing Research,LLC 5 of 12 (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Grotta Marketing, LLC Attn:Assistant City Manager Attn: Gerald Grotta 1000 Throckmorton 1905 Thousand Oak Drive Fort Worth TX 76102-6311 Burleson, Texas 76028 With Copy to the City Attorney At same address 14. SOLICITATION OF EMPLOYEES. 14.1 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 15.1 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. 16.1 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. 17.1 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. 18.1 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. 19.1 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. 20.1 Headings and titles used in this Agreement are for reference purposes only, shall not be Agreement with Grotta Marketing Research,LLC 6 of 12 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. 21.1 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. 22.1 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. 23.1 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. 24.1 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. 25.1 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. 26.1 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 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 (1-9), maintain photocopies of all Agreement with Grotta Marketing Research,LLC 7 of 12 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. 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 GROTTA MARKETING RESEARCH, LLC By: By: SLIsanpanis Gerald L. Grotta Asst ant City Manager Member Date: Date: APPROVED AS TO FORM AND L GALITY: By: Tyler allach AsstssCant City Attor F Fp�,� ATTEST: � 11%ft� o By: g Mary ser City Secretary j.° d° WOOD°° CONTRACT AUTHORIZATION: No M&C Necessary �H.TX Agreement with Grotta Marketing Research,LLC 8 of 12 EXHIBIT A SCOPE OF AGREEMENT I. Consultant shall prepare an economic projection report for the June 2015 Firestone 600 IndyCar Race,with the express understanding that the economic projection report will be used by the City as part of its application for funding under the ETF for the June 2015 Firestone 600 IndyCar Race. II. Consultant shall conduct all necessary market research to determine the economic impact of the June 2015 Firestone 600 IndyCar Race and prepare an economic impact report that will be used by the City as part of its application for funding under the ETF for the 2016 Firestone 600 IndyCar Race. a. As part of the market research to be conducted hereunder, Consultant agrees to compile any and all necessary information related to the June 2015 Firestone 600 IndyCar Race 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. 1. 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 2015 June Firestone IndyCar Race. 2. 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 Comptroller. The City shall give the Consultant reasonable notice of the Comptroller's request for such information. III. Miscellaneous a. Consultant shall execute any and all documentation required by the Comptroller 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, Subchapter B of Title 34 of the Texas Administrative 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 Comptroller 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. Agreement with Grotta Marketing Research,LLC 9 of 12 EXHIBIT B DELIVERABLES, DEADLINES,AND PAYMENT SCHEDULE Deliverables Deadline Payment a. Economic Projection Report - For use by the a. December 24, 2014 $5,000.00 City in applying for the June 2015 Firestone 600 IndyCar Race b. Economic Impact Report— For use by the City b. July 10, 2015 $8,500.00 in applying for the June 2016 Firestone 600 IndyCar Race c. Attendance Certification Report for the June c. No later than the 30th $1,500.00 2015 Firestone 600 IndyCar Race calendar day after the last day of the June 2015 Firestone 600 IndyCar Race d. Event Information Report for the June 2015 d. See Exhibit A, Il.a.2 (included at no Firestone 600 IndyCar Race, including, but not additional cost) limited to, hotel, financial and other public information TOTAL $15,000.00 Agreement with Grotta Marketing Research,LLC 10 of 12 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 Grotta Marketing Research,LLC 11 of 12 Exhibit D Affidavit Susan CombsTexas Comptroller of Public Accounts Affidavit to be COMPLETED by any party(les)providing econornk data to support a request for a Major Events Trust Fund,Events Trust Fund,or Motor Sports Trust Fund AFFIDAVIT [Affidavit to be signed and sworn inoranzed,1 by any sneprorfdfng i,4om?anon to be used in the estimate ofthe iriveinentaf tax Increase.; I. am F"w'ding information u I be used by a city,county or;.cal -iganizingcommittee for the FurFamees of receiving funding thro%+the,%iai,.t Events Trust Fund.Events Trust Fund,or Wcor Spirts Trust Fund("the Aa"?.and hembyr sweat and affirm that,to the best of my knowledge.am-data Fr`ded is true and accurate.and any Froiections made are based on reasonable as- mamFcIons documented in the i"wmatron Fnwided.I further swear and affirm that I have reviewed the information being submitted,and that all of thestatements made and i6,fmation provided herein,including statements made and infoinution pr-mdcd in any attachments are true.complete. and conect.to else Ines of my kn.,w•lcadge.IrtF,rrnanon provided includes but is wx limited to an economic imp"study or other data sa icienc for the Comproller's office to make the determimti•r,n ofthe increrncntat increase in tax revenue associawd with hosting the a vnt in Teas.including a liming of arty data Got any tclaned activities, I understand that the city.counry et Local organizing o,mmirtee is oecetving,funding undu the Act for the purp,sca of facilitating this event +n these dar— and that the infiat mat ion will be piovidcd by the city,county or local organizing committee as a gc..trnment document I understand that it is a fdr•m offense under Sect ion;'is i.Texas Nnal C.dc,to knowingly make a false entry in.,-a false alacraas,n of.a g vcrnmerr ml record.or to maim.present,of use a g_�,ernrnental record with kn,:rwlc fgt 41m faJsrrr.when the.actor has the intent to harm or defraud anoeher. I understand that the offense of peslurj.under Seeo.•n 370 Q.Texas Penal C,%ic,is committed when a poison,with intent to deecrve and with knowl- edge of the statement's meaning.makes a filse statement under oath or s%vats ro the truth of a false statement prcvwusly made and the statement is required or authorized by law to be trade under oath. I understand my obligation to Fr vide mfotman•,n about event exFcccam.nz,perh-rrnanee.and expenses that are true and accurate to the best of my kn„wtedge and abilin- I also undetsarsd my,•bligarl.,n a..•immediately report any known„t su,Fecmd waste,fraud.and abuse of funds received under the Act to the Texas State Audicor's Otfrce at 149a s�Sti�-E RJR.[here 6y swear and alFtrm chat I havt toad the ent ire aftidivit.and I understand its contents AfSant Signature Printed Name Title and Name of Organization [)am Sworn and subscribed before me by the said ?Printed Name ofReciFient•s Auth.aized Repte-zntacr e;, this day of Noun•Public.State of Texas Notary's pnnted name:----,--_-- ----------_ NIy commission tatptnv - .— --_---_--- ---;foul; x r la.t,ray,i?i Agreement with Grotta Marketing Research,LLC 12 of 12