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CM-2017-1571 - 12/8/2017EVENTS TRUST FUND Application Office of the Governor Economic Development and Tourism (EDT) APPLICANT NAME: The City of Round Rock APPLICANT MAILING ADDRESS: 221 East Main Street, Round Rock, Texas 78664 EVENT NAME: USA Judo Senior National Championships DATE(S) OF EVENT: May 11-13,2018 EVENT LOCATION (CITY): Round Rock DATE APPLICATION SUBMITTED: December 11, 2017 C4 201 Effective September 1, 2017 Events Trust Fund Application Event Trust Fund ETF l Maim Events Reimbursement Program [MERP) or Motor Sports Racing Trust Fund WSRTF) Please review the Events Trust Fund Guidelines document and applicable statutes and rules before submitting this application. Links can be found at https://businessintexas.com/services/event-trust-funds. An application is not complete until all required documents are submitted, with the exception of the Event Support Contract. See checklist in Section 6 of the application for required documents. Deadlines for submission are as follows: MERP: 45 days prior to the event, but no more than 1 year before the event. Not later than the 30th day before the first day of the event, a site selection organization submits a plan to prevent the trafficking of persons in connection with the event to the office of the attorney general and the chief of the Texas Division of Emergency Management (see Guidelines document for trafficking plan submittal details). ETF & MSRTF: no later 120 than days prior to the event. Please submit all documents to eventsfund@oov.texas.aov. Name of Endorsing Municipality or County: I The City of Round Rock Municipality or County Contact Name: I Chad McKenzie Contact Title: I Director, Sports Management and Tourism Contact Email: I cmckenzie@roundrocktexas.gov Contact Phone Number: 1 (512) 218-5488 1. Has the endorsing municipality or county reviewed the event and found that it meets all eligibility requirements as listed in Vernon's Texas Revised Civil Statutes (VTCS) Section 5190.14? Yes ® No ❑ 2. Has the endorsing municipality or county determined that it will contribute local funding ("local match") to the Event Trust Fund, if established? Yes ® No ❑ 1. Has the municipality or county authorized a non ro rt Local Organizing Committee (LOC) to enter into an agreement with the Site Selection Organization to host the event on behalf of the municipality or county? Yes ❑ No 2. If Question 1 is selected as "No," the municipality or county must directly enter into an Event Hosting Agreement with the Site Selection Organization. If "Yes," provide the following information for the LOC: Complete Business Name of LOC: LOC Contact Name: LOC Contact Title: Contact Email: Contact Phone Number: Is the LOC designated in the official request letter submitted with the application? Yes ❑ No ❑ SEC -HON 3: Srri� SiA-ic'-1-10N ORGANIZATIOX Full Name of Site Selection Organization: U USA Judo Site Selection Contact Name: f Corinne Shigemoto Site Selection Contact Title: C00/Event Director Site Selection Contact Email: corinne.shigemoto@usajudo.us Contact PhoneNumber. � 719-866-3621 *EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event. Total Fund Amount Requested: $23,165.79 State Share: $19,970.51 Local Share: $3,195.28 *In accordance with statute, the State Share must be no more than 6.25x the Local Share. To calculate the Local Share, divide the State Share by 6.25. For MERP Applications only: Estimated Direct Impact Total: N/A Estimated Secondary ImpactTotal:N/A ____:�7 *The Direct Impact and the Secondary Impact will equal the Total Fund Amount Requested. These amounts include the state and local estimates. Si:c-no.\, 5: FVI'NT INFORMATION Official Event Name: LUSA Judo Senior National Championships Event Fund/Program being applied for: (ETF, MERP, MSRTF) ETF Venue(s) of Event: Round Rock Sports Center Event Website: www.usjudo,org Date(s) of the Primary Event: May 12-13, 2108 Day set-up/load-in for the event will begin: May 11, 2018 Day strike/load-out of the event will end: May 13, 2018 1. Salt Lake City, Utah 2. Irving, Texas Location of Event for the Previous 5 Years: (List most recent year first) 3. Irving, Texas 4. Reno, Nevada 5. Virginia Beach, Virginia website Source of Information for Previous Events: Other locations outside of Texas considered to host the event: Reno, Nevada and Salt Lake City, Utah Was the site selected as a part of a multi-year agreement? If yes, what years (past and future)? no 1500 Anticipated Total Attendance at Primary Event: Anticipated Out of State Attendance at Primary Event: 1200 Desired Market Area (Area that is affected by the economic impact of the event): hotel beds/food Will there be a host fee, sanction fee, participation fee, bid fee or other similar expense for the event? Yes If yes, what is the total amount of the above referenced fees)?* $30,000.00 Additional Information: *Reimbursement will not be made for such a fee in excess of the amount listed. See TAC Rule § 184.45(18). In accordance with TAC Rule § 184.13(d), 184.23(d) and 184.30, no later than 45 days after the event, the total actual attendance and the estimated number of attendees that are not residents of Texas at the event must be provided to EDT. Supporting documentation must be submitted for verification. The following methods will be accepted: ticket sales count, turnstile count, ticket scan count, convention registration check-in count, or participant totals (must be accompanied by ticket or turnstile count for MERP & MSRTF). Other methods may be approved by the OOG in its sole discretion prior to the first day of the event. Please explain which of these methods or another method, subject to approval, that will be used: EDT must receive the following documents (except the Event Support Contract) before it can issue an estimate of incremental taxes. EDT is statutorily required to make a determination within 30 days after receiving a complete application. If an application is incomplete, it will not be processed until all required information is submitted. Early submission is encouraged. ❑ Events Trust Fund Application completed and signed by someone the applying entity has determined is eligible to bind the applying entity. ❑ Endorsement Documentation from the endorsing municipality or endorsing county requesting participation in the trust fund program and signed by a person authorized to bind the municipality or county. The documentation should clearly indicate the municipality or county's endorsement of the event and the name of the LOC, if applicable. The information in the document should coincide with the Selection Letter. ❑ Selection Letter A signed letter from the Site Selection Organization selecting the site in Texas that clearly indicates and describes a highly competitive selection process by which site selection occurred, and that the selection was based on an application by the endorsing municipality, county or LOC. This selection letter must clearly indicate the selected LOC, the selected municipality or county, and the event date. The event date indicated in the letter must match the requested event date. ❑ Economic Impact Study or other data sufficient for EDT to make the determination of the estimated incremental increase in tax revenue directly attributable to the preparation or presentation of the event, including data for any related activities. The Study should contain detailed information on the direct expenditures for the event in the requested market area relating to the economic activity of attendees and other persons associated with the event. The study may also include information on event expenditures if available. For MERP's only, secondary impacts must be included, and stated separately from the direct impact in order for these impacts to be considered in development of the EDT estimate. ❑ Affidavit for Economic Impact signed by the person(s) who prepared the Study for the application. ❑ Affidavit of Endorsing Entity signed by each endorsing municipality, county and/or LOC. ❑ Event Support Contract is a contract by and between a Site Selection Organization and a local organizing committee, an endorsing municipality, or an endorsing county setting out the representations and assurances of the parties with respect to the selection of a site in this state for the location of an event, and the requirements and costs necessary for the preparation or presentation of an event. Due before the first day of the event, early submission will provide EDT with the opportunity to review the contract and address any issues prior to the event. Note: Disclosure of Information under the Public Information Act. All documents submitted to the Office of the Governor (OOG) may be subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), including, but not limited to, the application, event support contract, economic impact analysis, and all disbursement documentation submitted after the event, whether created or produced by the applicant or by any third - party. If it is necessary to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the information confidential. Any information that is not clearly identified as proprietary or confidential will be released in accordance with the Act. I, the authorized representative of the applicant, certify that the representations made, the facts stated in this application and all supplemental documents are true and correct, and that no relevant facts have been intentionally omitted, as evidenced by my signature below. I hereby agree, on behalf of the applicant, to comply with the reporting requirements and will provide other documentation as requested. Signature 1---Q n Name (Printed) Title J Date ROUND ROCK TEXAS AOMINISfRATION DEPARTMENT December 8, 2017 Office of the Governor Governor Greg Abbott Economic Development and Tourism P.O. Box 12428 Austin, Texas 78711-2428 Honorable Governor Abbott, Mayor Craig Morgan Mayor Pro -Tem Will Peckham Councilmembers Tammy Young Rene Flores Frank Leff ingwell Writ Baese Kris Whitfield City Manager Laurie Hadley City Attorney Stephan L. Sheets The City of Round Rock is in full support of hosting the US Judo scheduled for May 11. 13, 2018 to be held at the Round Rock Sports Center. The City of Round Rock respectfully requests participation in the Texas Events Trust Fund Program for this event. If you have any questions, please feel free to contact me at 512-218-5401. Sincerely, ��n Brooks Bennett v/ Assistant City Manager CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664 [P] 512.218.5401 . [F] 512.218.7047 • round rocktexas.gov I usa rNuda 1 Olympic Plaza Colorado Springs, CO 80909 719-866-4730 WWW. USJUDO.US November 29, 2017 Nancy Yawn Round Rock Convention and Visitors Bureau 231 East Main Street, Suite 150 Round Rock, Texas 78664 Re: 2018 USA Judo Senior National Championships Dear Nancy, Congratulations, USA Judo has awarded the above event to the City of Round Rock, Texas. Round Rock, Texas was selected after visiting several other cities outside of the State of Texas for this event. These championships are held once a year, is our premium event for our elite senior athletes and we know that all our attendees will enjoy your great city and state. We are excited about working with you, the CVB and Sports Center and know that this will be a very successful event for all concerned. Again, congratulations! Regards, Corinne Shigemoto Chief Operating Officer Event Director USA Judo 2018 USA Judo Senior National Championships Economic Impact Study Prepared by the City of Round Mock :K TEXAS The Event The 2018 USA Judo Senior National Championships will be held May 11-13, 2018 at the Round Rock Sports Center in Round Rock, Texas, Judo is a mixed gender dynamic combat sport that demands both physical prowess and great mental discipline. Judo is a very popular sport for athletes with a visual impairment. It has been featured in all five editions of the International Blind Sports Association (IBSA) World Championships and Games and has been a Paralympic sport since the Seoul'88 games. The event will feature 15 divisions, separated by weight divisions for men and women, and boys and girls. Participants will have the opportunity to compete over two (2) days at the 2018 USA Judo Senior National Championships for a chance to be crowned the National Champions in their division. The City of Round Rock won the bid to host the 2018 USA Judo Senior National Championships after a highly competitive bid process with other cities across the country. This will be the first-time to host such an event in Round Rock, Figure 1 - Round Rock Sports Center Assumptions Assumed Total Number of Attendees The 2018 USA Judo Senior National Championships is projected to bring in a total of 1,500 attendees, which includes participants, out-of-state, and out -of -area Texans over a course of 2 days. Attendee projections were based on the 2018 USA Judo Senior National Championships application, supplied by Round Rock's Conventions and Visitors Bureau (CVB). The breakdown of out-of-state, and out -of -area Texan attendees was provided to Round Rock's CVB by the USA Judo Senior National Championships and used to project the percentage and total number of attendees for the event. Event Afte • 'e s Total• -r ofParticipants• Total Numberof . Out -of -State 80% 10% 1,200 150 Out -of -Area Texans Local Area People 10% 150 Total 100% 1,500 Other Assumptions In this study, local area spectators are not assumed to generate any new economic activity related to attending the event. These residents would likely shop in local stores and eat in local restaurants independent of the draw of the event. For this reason, they are not shown as generating any economic impact in the tables below. It is also assumed that all out-of-town and out -of -area Texan attendees will stay in Round Rock for 2 days and 2 nights of the event, even though the only participants competing on the last day of the competition will be those who have advanced to the final rounds in each respective event. Event Expenditures Projections Projected Car Rental Expenditures The estimated number of out-of-state attendees is 1,200. Since car rentals would likely be shared by members of the same group, this number of out-of-state attendees is divided by the CVB"s standard guests per participant multiplier of 2.5 to estimate 1,000 households. Some out-of-state attendees may drive their own vehicle or use various ride sharing options. This study estimates that 75% of households will rent a car for this event. Rental rates for a standard size car for May 11-13 have been averaged for the twelve rental car companies located at the Austin -Bergstrom International Airport. This average is $54.83 per day. Projected Hotel/Motels Expenditures The average nightly hotel rate of $91.29 was obtained from a Source Strategies publication purchased by the City of Round Rock and has been used to estimate hotel spending for the event. Since teams are travelling together from their colleges and universities, this study assumes a conservative estimate of four people per room. The total number of room nights is calculated by taking the number of attendees and multiplying it by the number of nights they are staying overnight in a hotel, then dividing by four people per room. Note: Room nights are divided by average people per room Projected Food/Dining and Alcoholic Drinks with Meals Expenditures To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a conservative projection based on surveys of prior local events. The $70 was divided between dining, drinking, and shopping based on the following methodology. 2 The federal General Services Administration per diem rate for food while traveling for the Austin -Round Rock metropolitan area is $59 per day. This study estimates spending on alcoholic drinks with meals to be $4 per day. This amount is lower than many other events but because this event is for college students, most of them will not be of legal age to purchase alcoholic drinks in restaurants. Projected Other Shopping Expenditures Round Rock has a variety of shopping centers in the vicinity of the Round Rock Sports Center and the event hotels. Based on the spending estimate per person of $70 per day from above, after dining and alcoholic drinks with meals, it is estimated that the average spending on other shopping is $7 per day per person. Out -of -State 1,200 2 7.001 16,800.00 Out -of -Area Texans 150 2 7.001 2,100.00 Local Area People 150 Not projected to generate additional economic actiyk Total 1,500 61,620.75 1 T $18,900.00 Projected Eligible Taxes from Direct Expenditures The table below displays the projected direct expenditures and eligible sales taxes generated from the 2018 USA Judo Senior National Championships between May 11-13. The total projected direct expenditures resulting from the event is $290,098,35. The estimated sales tax generation is $19,970.51 in eligible state taxes and $9,325.87 in eligible local taxes. f- All cars rented will likely be rented from the Austin Bergstrom International Airport Round Rock will not gain any sales tax from these transactions, so Round Rock's applicable rate for this study is 0%. 9 Direct Expenditures RoundProjected Texas Tax Rock Rate Tax Eligible Rate Texas Taxes Round Rock Taxes Shopping 18,900.00 6.25% 2.00% 1,181.25 378.00 Hotels/Motels 61,620.75 6.00% 9.00% 3,697.25 5,545.87 Food/Meals(excluding drinks) 159,300.00 6.25% 2.00% 9,956.25 3,186.00 Alcoholic Drinks with Meals 10,800.00 11.00% 2.00% 1,188.00 216.00 Car Rentals 39,477.60 10.00% 3,947.76 Total Eligible Expenditures $290109&35 $19,970.511 $9,325.8 GeneratedEligible Texas Tax f- All cars rented will likely be rented from the Austin Bergstrom International Airport Round Rock will not gain any sales tax from these transactions, so Round Rock's applicable rate for this study is 0%. 9 GREG ABBOTT GOVERNOR 01.1 It 1, 111- ]Ill. (;4)11 K' (JK L, uet -,%I 11 DI %I IUB - \II -,I & Tui 1SI-,11 AFFIDAVIT for Economic Impact Documentation Affidavit to be completed, including signed and notarized, by any and all party(les) providing economic data to support a request for an Event Trust Fund, Major Events Reimbursement Program or Motor Sports Racing Trust Fund. t I, �' F am providing information to be used by a City, County or Local Organizing Committee for the purpose of receiving funding through the Event Trust Fund, Major Invents Reimbursement Program, or Motor Sports Racing Trust Fund ("the Act"), and hereby swear and affirm that, to the best of my knowledge, any data provided is true and accurate, and any projections made 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 herein, including statements made and information provided in any attachments are true, complete, and correct, to the best of my knowledge. Information provided includes but is not limited to an economic impact study or other data sufficient for the Economic Development and Tourism Office to make the determination of the incremental increase in tax revenue associated with hosting the event in Texas, including a listing of any data for any related activities. I understand that the City, County or L��o��c`aa�l Or anizin+Comm1 ee 1s receiving funding under the Act for the purposes of facilitating this event: a01Q3 MN LII p Wil Or IY OW tril� l on these dates: I� AU (t' 131 c304!A- and that the information will be provided by the City, County or Local Organizing Committee as a government document. I understand that it is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry in, or false alteration of, a governmental record, or to make, present, or use a governmental record with knowledge of its falsity, when the actor has the intent to harm or defraud another. I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. I understand my obligation to provide information about event expectations, performance, and expenses that are true and accurate to the best of my knowledge and ability. I also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of funds received under the Act to the Texas State Auditor's Office at 1-$00-842-$348. I hereby swear and affirm that I have read the entire affidavit, and I understand its contents. TEMS�'�SbEss P 0 BOX 12428 ' AUSTIN, TX 78711 512-936-0100 WWW GOVERNOR STATE TX US 01-1 It 1 n1 illi. GoI R\tIR Lt u-,uHlt DI t I I Llh-to \ I & Tut Itlsxi GREG A13BO'IT GOVERNO t IL w k�u � ` w inn Affiant Signature Printed Name I b!A #4 80LA& WWI 6R Title and a of"Organization-) Date The State of Texas County of Before me, a Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed. I�Given under my hand and seal of office this day of '20 N ry Public, State of Texas .�"M STACYTOENGES :*. ��'•1* Notary Public. State or Texas (PERSONALIZED SEAL) .: My Corntnisslon Expires December 20, 2017 (Prim name of Nota Public here) My commission expires the qy day of 20 4 TEMS s8U31NE8S P 0 BOX 124281 AUSTIN. TX 78711 1 512 936-01001 WWW GOVERNOR.STATE TX US Nancy Yawn From: Stephanie Sandre <ssandre@scrrlaw.com> Sent: Wednesday, November 29, 2017 2:39 PM To: Nancy Yawn Subject: USA Judo Senior National Championships - Event Trust Fund Application Nancy: I have reviewed the Event Trust Funds Application and Article 5190.14, Vernon's Texas Civil Statutes. Based on the following criteria set forth in the statute, I am of the opinion that the USA Judo Senior National Championships (the "Event") meets the requirements of Section 5190.14. • The City of Round Rock is a municipality • A site selection organization selected a site in the City of Round Rock in Texas to host the Event through a highly competitive selection process after considering one (1) or more locations outside of Texas. • The site selected is the sole site for the Event. • The Event will not be held more than one (1) time in any year. Please let me know if there is anything else that you need. Thank you, Stephanie L. Sandre Attorney at Law Sheets & Crossfield, P.C. 309 E. Main Street Round Rock, TX 78664 (p) 512-255-8877 [f) 512-255-8986 • }\ 1 * GOVERNOR GREG ABBOTT • E.CONOMIC DEVELOPMMT&TOURISM ::. • AFFIDAVIT -of Endorsing Entity Affidavit to be completed,including signed and notarized; by any and all Municipalities,Counties,and/or LOCs endorsing an Event Trust:Fund, Major Events Reimbursement:Program or Motor:Sports Racing...rep Fund.. I, Brooks Bennett, an authorized representative of The City of Round Rock, a [Local Organizing Committee (nonprofit cor oration ,:endorsing g murncipa ity or endorsing county] (circle one)( Requestor" )that is receiving funding through: :; the Event Trust Fund,:Major Events.Reimbursement Program or:Motor Sports Racing-Trust Fund ("the:Act"), hereby swearand affirm that, to the best of my knowledge, the Requestor has designed and implemented internal controls, processes and procedures to:help the Requestbr ensure that the Requesterand its use of these funds complies with: all:applicable laws, rules, and written guidance from the:Economic Development and Tourism Office.'I further swear • and affirm that I, or my:duly authorized employee, representative; or agent, have reviewed the information;:and that all of the statements made and information provided therein, including statements made and information provided in any attachments are true,Complete, and correct to the best of my knowledga•:All otherinformationsubmitted as part ofthis request for participation is being represented by me:as true and correct, and I am unaware of any information contained:therein that is false,misleading,or fraudulent. Information provided includes but isnot limited to: (1) A letter from the municipality or:county requesting participation in the Events Trust Fund program and signed by a person authorized to-bind the municipality:or county; (2) A letter from the site selection:organization on organization letterhead selecting the site in Texas; : • :(3) An economic impact study or other data sufficient for:the Economic Development:and Tourism Office to make the determination of the incremental increase in tax revenue associated with hosting the event in Texas,including a listing of any data for any related activities;: ::((4) An application _or an Events Trust Fund program and any attachments,and (5) An Event Support Contract • : I understand that I am:receiving funding under the Act for the purposes of facilitating this event: USA.Judo Senior • National Championships on these:dates:.:May 11-13, :2018. I understand that non compliance :With reporting : requirements could be treated as a violation of the statute and/or program:rules resulting in the:possible withholding: ofdisbursement funding: I understand:that it is a felony offense under Section 37.10, Texas Penal Code,to knowingly make a false entry in, or. false alteration of, a governmental record, or to make, present, or use a:governmental record with knowledgeofits falsity,when the actor has the intent to harm or defraud another: • POST OFFICE BOX 12428 AUSTIN,TEXAS 78711*512-936-0100*cov.TEXAs.cov I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. I understand my obligation to provide information about event expectations, performance, and expenses that are true and accurate to the best of my knowledge and ability. I also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of funds received under the Act to the Texas State Auditor's Office at 1-800-892-8348.1 hereby swear and affirm that I have read the entire affidavit, and I understand its contents. �DbkS �nn�- Affiant Signature Printed Name &-sk Ljjv A10J,-,M1-4V 0�' L161rkA- Title and Nam4 of G4anization Date The State of Texas County of W1 1t1.Q.WlSOVIX Before me, a Notary Public, on this day personally appeared?7f0oY-.S&_yute4+ , known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ZS— day of 1)&C—O "t C �( , 2017 ````,1j111111111111///Aw w Y A�e� •�2 Nota Pu c, State of Texas (PERSONALIZED SEAL) OF LAPrint name of Notary Public here) My commission expires the day of , 20� Pos-r OFFICE Box 12428 AusTiN, TEXAS 78711 * 512-936-0100 * Gov.TEXAS.Gov HOST PARTNER AGREEMENT THIS AGREEMENT (the "Agreement") is executed effective as of date of signing (the "Effective Date") by and between USA JUDO, One Olympic Plaza, Colorado Springs, CO 80909, and the CITY OF ROUND ROCK, TEXAS (the "City/Host"), a Texas home -rule municipality having offices at 221 East Main Street, Round Rock. Texas 78664, regarding City/Host's desire to become an "Official Host Partner" of the USA JUDO SENIOR NATIONAL CHAMPIONSHIPS (the `event") in Round Rock, Texas, on or about May 1 1 through May 13, 2018. to be held at the Round Rock Sports Center ("Sports Center') owned and operated by the City/Host and located at 2400 Chisholm Trail Drive, Round Rock, Texas 78681. NOW, THEREFORE, in consideration of the premises herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, USA JUDO and City/Host agree as follows: 1. Designation and Rights as Official Host Partner (a) City/Host shall be designated as an "Official Flost partner" for the event. (b) USA JUDO and City/Host acknowledge that City has one exclusive sponsor for the Sports Center, Orthopedic Medicine, and USA JUDO has the right to secure its own sponsors or sponsorships for the event, except for any sponsors in the field of orthopedics. (c) City/Host acknowledges that USA JUDO has granted and/or may grant to other National Corporate Sponsors, National Partners, or Licensees the use of the USA JUDO's Marks (defined herein as USA JUDO's trademarks, trade names, service marks and logos) in the promotion of USA JUDO's goods or services. Said licensing and merchandising relationships shall be on a local, regional, and national basis. (d) USA JUDO and City'Host acknowledge that each recognizes the value of inherent attributes of the goodwill associated with each other's respective trademarks, trade names, service marks and logos. USA JUDO and City/Host shall not apply for and shall not obtain any state or federal service mark or trademark registration or any Foreign Service mark or trademark that incorporates or uses the trademark, trade name, service mark or logo of the other without the prior express written consent of the other. 2. USA JUDO's Rights and Responsibilities (a) USA JUDO shall have the right to receive and retain, in accordance with conditions recited herein, all team entry fees from the event. (b) USA JUDO shall obtain and maintain in full force and affect a general liability insurance policy covering the event, and said insurance policy 341798 ss: OM- 20-7- lq�& shall fulfill all requirements of the City of Round Rock, Texas as to amount and coverage. A copy of such insurance certificate shall be provided to City/Host in advance of the event. USA JUDO shall, upon the direction of City/Host, include City and designated sponsors as additional insureds on such insurance policy at no additional cost or charge to City/Host. (c) USA JUDO, at its own expense, shall have the sole responsibility for establishing, organizing, and operating the event. 3. Fees and Costs As consideration for the rights and benefits granted herein, and provided that USA JUDO is in compliance with all terms of this Agreement, City/Host shall pay to USA JUDO the following: (a) Rights Fee of Thirty Thousand and No/100 Dollars ($30,000). Such rights fee shall assist in covering USA JUDO'S event costs, specifically, venue rental costs as set forth herein. The rights fee of $30.000 shall be due and payable by City/Host to USA JUDO upon execution of this Agreement and shall be used by USA JUDO as follows: (i) Upon receipt of the rights fee from City/Host, USA JUDO shall use the rights fee to pay the deposit amount required by the venue to secure the venue far the Event. In the event the deposit has already been paid by USA JUDO prior to the execution of this Agreement, the rights fee shall be used toward the remaining costs ofthe venue rental. (ii) In the event USA JUDO pays the deposit for the venue rental and there are remaining monies available from the rights fee, those remaining monies shall be used towards the remaining costs of the venue rental. (iii) Within fifteen (15) days of the execution date of this Agreement, USA JUDO shall provide City'Host (attn. Nancy Yawn, Director of Round Rock CVB) verification that the deposit for the venue has been paid. Verification that the venue costs have been paid in full shall be provided to the City Host (attn. Nancy Yawn, Director of Round Rock CVB) within three (3) days of full payment of the venue rental. (iv) Failure to provide verification to City Host as required in subsection (iii) above shall be considered a material breach of this Agreement and City/Host shall at its sole discretion seek any and all remedies available under Texas Law. 2 (b) Other Costs City/Host shall be responsible for the costs associated with the premiums or other expenses related to City/Host's on-site promotions. City/Host shall also be responsible For costs associated with the production of City/Host's own promotional materials to be distributed on-site. City/Host shall endeavor to ensure that all City/Host advertising and promotion complies with all applicable laws, rules and regulations. 4. Terms Subject to the recited terms and provisions of this Agreement, the term of this Agreement shall commence immediately upon the execution hereof by both parties and shall end by operation of its own terms after completion of the event on May 13, 2018. 5. Representations and Warranties Each party hereto represents and warrants to the other party as Follows: (a) It has the full right and legal authority to enter into and fully perform this Agreement in accordance with the terms and conditions hereof: (b) This Agreement, when executed, will be its legal, valid and binding obligation enforceable against it in accordance with the terms and conditions hereof, except to the extent that enforcement hereof may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights generally. (c) The execution, delivery and performance of this Agreement does not and will not violate or cause a breach of any other agreements or obligations to which it is a party or by which it is bound, and no approval or other action by any governmental authority or agency, or any other individual or entity, is required in connection herewith. (d) Each of the foregoing representations, warranties and covenants shall be true at all times during the term hereof. 6. Use and Ownershin of Marks USA JUDO and City Host hereby agrees to use the Marks of the other only as set forth herein and only for the purposes of advertising, marketing and promoting the event and related events and goods as set forth in this Agreement. Each party shall retain ownership of its respective Marks. Use of the Marks under this Agreement shall be far the benefit of the respective Mark owner. The parties acknowledge that the rights granted by each party under this Agreement possess a special, unique and extraordinary character that make difficult the assessment of monetary damage that would be sustained by such party as a result of any unauthorized use of any USA JUDO Mark or City/Host Mark. Accordingly, in the event of any unauthorized use of any USA JUDO Mark or City/Host Mark by the other party (or a party authorized by such other party), each party shall, in addition to any other contractual, legal and equitable rights and remedies as may be available to it, have, during the term hereof and after the termination or expiration of this Agreement, the right to take such reasonable steps as are necessary to prevent any further unauthorized use of any such event Mark or City/Host Mark, without being required to prove damages or furnish a bond or other security, including petitioning a court of competent jurisdiction for a temporary restraining order, a preliminary or permanent injunction, and/or a decree for specific performance. 7. No Joint Venture This Agreement does not constitute and shall not be constructed as constituting a partnership, employer-employee, or joint venture between or among USA JUDO or City/Host. USA JUDO is an independent contractor and is not City/Host's employee. Neither party shall have any right whatsoever to obligate or bind the other party in any manner whatsoever, except as expressly set forth herein. Neither party has authority to enter into contracts or relationships or to perform acts as agent for the other party. 8. Assignment This Agreement shall be binding on the parties and their respective successors and assigns. Notwithstanding the preceding sentence, neither party may assign this Agreement without the prior written consent of the other party. 9. Notice Whenever notice is required to be given by either party to the other under this Agreement, it shall be sent by certified U.S, mail with receipt confirmed to the following: To USA JUDO. Keith Bryant, CEO USA JUDO One Olympic Plaza Colorado Springs, CO 80909 To City/Host: Laurie Hadley City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 4 Each party shall have the obligation to notify the other of any change in address for these notice purposes. 10. Termination and Cancellation (a) If the other party materially defaults in the performance of this Agreement, and if such default is not cured within thirty (30) days following written notice of such default to the defaulting party, then and in that event either party hereto may terminate this Agreement without prejudice to any legal or equitable rights to which such terminating party may be entitled, and such termination shall be effective upon delivering notice to the other party of such termination. (b) City/Host may terminate this Agreement, in whole or in part, for convenience and withV cause, at any time upon ninety (90) days' written notice to the other party. Prior to proceeding with a termination for cause, City/Host agree to use all reasonable efforts to resolve any and all issues with USA JUDO and shall provide USA JUDO a reasonable amount of time to remedy the issues to avoid a termination for cause. (c) Termination of this Agreement for any reason provided herein shall not relieve either party from its obligation to perform up to the effective date of such termination or to perform such obligations as may survive termination. (d) In the event of termination of this Agreement for any reason and/or the cancellation of the event, the parties acknowledge that City/Host would only be required to pay a prorate portion of its Rights Fee based on those benefits actually determined by City/Host to have been provided to City/Host by USA JUDO prior to termination or cancellation. In the event that City/Host has, as of the effective date of termination or cancellation, paid USA JUDO more of the Rights Fee than required by this section and this Agreement, then and in that event USA JUDO shall be obligated to promptly refund the full difference to City/Host. 11. indemnification To the extent allowed by law, City Host hereby agree to hold harmless USA JUDO, and its affiliates and subsidiaries. and the agents, representatives, officers, directors, employees and shareholders of the foregoing, from and against any and all claims, suits, demands, damages, causes of action, expenses and liabilities of any kind or character (including reasonable attorneys' fees and costs) related to or arising out of, whether directly or indirectly, (i) City/Host's intentional or negligent actions or omissions under this Agreement, including but not limited to trademark infringements based upon USA JUDO's use of the City/Host Marks as approved in accordance with this Agreement, contests, sweepstakes or other activities conducted by City/Host pursuant to this Agreement, and any product demonstrations or products distributed by City/Host pursuant to this Agreement and (ii) any breach of this Agreement by City/Host. To the extent allowed by law, USA JUDO hereby agree to hold harmless City/Host, and its affiliates and Subsidiaries, and the agents, representatives, officers, directors, employees and shareholders of the foregoing, from and against any and all claims, suits, demands, damages, causes of action, expenses and liabilities of any kind or character (including reasonable attorneys' fees and costs) related to or arising out of, whether directly or indirectly, (i) USA JUDO's intentional or negligent actions or omissions under this Agreement, including but not limited to trademark infringements based upon CitylHost's use of USA JUDO's Marks as approved in accordance with this Agreement, contests, sweepstakes or other activities conducted by USA JUDO pursuant to this Agreement, and any product demonstrations or products distributed by USA JUDO pursuant to this Agreement and (ii) any breach of this Agreement by USA JUDO. Each party will promptly notify the other of any claim. The terms, provisions and conditions of this Section 12 shall survive the expiration or earlier termination of this Agreement. 12. Entire Agreement This Agreement constitutes the entire agreement between City/Host and USA JUDO with respect to the subject matter herein and shall supersede any and all other agreements, whether oral or otherwise, between the parties. Any amendments or modifications of this Agreement must be in writing and signed by authorized representatives of both parties. I3. Limitation of Liabilitv Notwithstanding anything contained herein to the contrary, in no event shall either party be liable to the other party for any consequential, incidental, punitive, special, or indirect damages of any kind. 14. Confidentiality The parties hereto expressly acknowledge that City'Host is a Texas municipality and, as such, is subject to and will obey the Public Information Act and other related statutes. Notwithstanding the foregoing, the parties hereto agree to maintain in confidence the terms and conditions of this Agreement and any other information disclosed that such disclosing party has reasonably designated as confidential except for disclosures to the parties' respective employees, agents, or representatives to the extent necessary to implement this Agreement, and except where a proposed disclosure of any specific terms or conditions hereof is authorized in advance in writing by the parties, and except for disclosures required in the course of legal proceedings arising out of this Agreement, in addition to any other remedies available, injunctive relief shall be available to any aggrieved party. This foregoing shall not apply to any information that becomes generally known through no fault of the parties bound hereunder. 15. Execution This Agreement may be executed in counterparts and shall be deemed executed and binding; upon signature by both parties hereof. 16. Governing Law This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 17. Severability Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid or enforceable under applicable law, such provision shall be ineffective to the extent of such unenforceability or in invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. All obligations and rights or the parties expressed herein shall be in addition to, and not in limitation of, those provided by applicable law. 18. No Waiver No failure or delay on the part of any of the parties in the exercise of any right, power, or remedy under this Agreement shall operate as a waiver by such party thereof, nor shall exercise by any of the parties of any right, power or remedy preclude other or further exercise thereof by such party or such party's exercise of 7 any other right, power or remedy. No waiver or modification of this Agreement or of any provision herein, including this section, shall be valid unless it is in writing and duly executed by the party charged with it. 19. Neadius- The headings contained in this Agreement are for convenience only and shall not be construed as an interpretation of any of the language contained herein. 20. Survival All rights and obligations that accrue pursuant hereto prior to the expiration or termination of this Agreement and the representations and warranties made in and the indemnifications provided pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement. 21. Force Maieure No party hereto will be responsible for the performance of any of its obligations hereunder if prevented, delayed or hindered by war, riots insurrection, embargoes, strikes, concealed acts of workmen, casualty, accidents, acts of terror, or any other occurrence beyond such party's control, excluding weather. IN WITNESS, WHEREOF, the parties hereby execute this Agreement on the indicated dates. USA JUDO City of Round Rock, Texas By. v5s�o By: Name — ! 1 Name: �cr+�r• Title: Title: i12��• ,_ __. Date: 16) Date; For City, Attest: By: loft Sara L. White, City Clerk City of Round Rock TEXA ROUND ROM Agenda Item Summary Agenda Number: Title: Consider authorizing a Host Partner agreement with USA Judo for the USA Senior National Championships at the Round Rock Sports Center. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/20/2017 Dept Director: Chad McKenzie Cost: $30,000 DO Indexes: Attachments: IAF. Agreement Department: Sports Management and Tourism Text of Legislative File CM -2017-4498 Consider authorizing a Host Partner agreement with USA Judo for the USA Senior National Championships at the Round Rock Sports Center. Contract approval request for the Round Rock Sports Center to host the USA Judo Senior National Championships May 11-13, 2018. "If there is no cosi for the item please delete from here down before submitting" Cost: $30,000 Source of Funds: HOT Funds CHy al Round ftch Page r POntad an wisa 7 City of Round Rock ROUND ROCK Agenda Item Summary Agenda Number: Title: Events Trust Fund Application - Economic Development & Tourism - USA Judo Senior National Championships Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/8/2017 Dept Director: Chad McKenzie Cost: $0.00 Indexes: Attachments: CMAF Judo Trust Fund Application 2018, USA 2018 Judo Event Trust Fund Application ALL Department: Sports Management and Tourism Text of Legislative File CM -2017-1571 Consider authorizing an Events Trust Fund Application in association with the USA Judo Senior National Championships at the Round Rock Sports Center. This program is from the Governor's office and has the potential of reimbursing the City of projects related to Economic Development and Tourism. This application is for the upcoming USA Judo event in 2018. Cost: NIA Source of Funds: NIA Gley of Round Rock Page f Printed on 12/4/2047