CM-2018-1960 - 12/5/2018City of Round Rock
ROUND ROCK
'ERAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Events Trust Fund Application in association with the
2019 US Quidditch Cup 12 at the Round Rock Multipurpose Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/30/2018
Dept Director: Chad McKenzie
Cost: $0.00
Indexes: Hotel Occupancy Tax Fund
Attachments: US Quidditch ETF Application, CMAF for ETF application
Department: Sports Management and Tourism
Text of Legislative File CM -2018-1960
This program from the Governor's office has the potential of reimbursing the City for projects
related to Economic Development and Tourism. This application is for the upcoming US
Quidditch Cup 12 event in 2019.
Cost: NIA
Source of Funds: NIA
Gty of Round Rock Page 1 Printed on 111291201E
ROUND ROCK TEXAS
AOMINISiRATION DEPARTMENT
November 30, 2018
Office of the Governor
Governor Greg Abbott
Economic Development and Tourism
P.O. Box 12428
Austin, TX 78711-2428
Honorable Governor Abbott,
Mayor
Craig Morgan
Mayor Pro Tem
Writ Baese
e
Counclimembers
City Manager
Tammy Young
Laurie Hadley
Rene Flores
Matthew Baker
Will Peckham
City Attorney
Hilda Montgomery
Stephan L. Sheets
The City of Round Rock is in full support of hosting the US Quidditch Cup 12 scheduled for April 13 —14,
2019 to be held at the Round Rock Multipurpose Complex.
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,
/Laurie Hadley
City Manager
CITY OF ROUTED ROCK 221 East Main Street, Round Rork, Texas 78664
[P] 512.218.5401 • [F] 512.218.7097 • roundracktexas.gov
EVENTS TRUST FUND
Application
Office of the Governor
Economic Development and Tourism (EDT)
APPLICANT NAME: City of Round Rock
APPLICANT MAILING ADDRESS: 221 East Main Street Round Rock, Texas 78664
EVENT NAME: US Quidditch Cup 12
DATE(S) OF EVENT: April 13-14,2019
EVENT LOCATION (CITY): Round Rock
DATE APPLICATION SUBMITTED: December 1, 2018
Effective March 20, 2018
Events Trust Fund Application
Event Trust Fund fETF). Major Events Reimbursement Program WERP)
or Motor Sports Racing Trust Fund MSRTF
Please review the Events Trust Fund Guidelines document and applicable statutes and rules before submitting this
application. Links can be found at https://Rov.texas-Fov/business/pagee/event-trust-funds-program.
An application is not complete until all required documents are submitted, with the exception of the Event Support
Contract. See checklist in Section 7 of the application for required documents.
Deadlines for submission are as follows:
ETF & MSRTF: No later than 120 days prior to the first day of the event.
MERP: No later than 45 days prior to the first day of the event, but not earlier than 1 year before the event.
Not later than the 30th day before the first day of the event, a site selection organization must submit 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).
Please submit all documents to eventsfundAftov.texas:aov.
Name of Endorsing Municipality or County: I City of Round Rock
Municipality or County Contact Name: FChad McKenzie
Contact Title: 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 nonprofit 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 ❑
Full Name of Site Selection Organization: US Quidditch
Site Selection Contact Name: Sarah Woolsey
Site Selection Contact Title: Executive Director
Site Selection Contact Email: events@usquidditch.org
Contact Phone Number: (704) 962-5099
*EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event.
Total Fund Amount Requested: $53,754.72
State Share: $46,340.29
Local Share: $7,414.44
*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. Total Fund = State Share + Local Share.
For MERP Applications only:
Estimated Direct Impact Total: N/A
i
Estimated Secondary Impact Total: N/A �!
"Direct Impact + Secondary Impact = State Share.
Official Event Name:
U5 Quidditch Cup 12
Event Fund/Program being applied for:
(ETF, MERP, MSRTF)
Events Trust Fund
Venue(s) of Event:
Round Rock Multipurpose Complex
http://usquidditchcup.com
Event Website:
Date(s) of the Primary Event:
April 13-14, 2019
Day set-up/load-in for the event will begin:
Tuesday, April 9, 2109
Day strike/load-out of the event will end:
Tuesday, April 16, 2019
1. Round Rock, Texas (2018)
2. Kissimmee, Florida (April, 2017)
Location of Event for the Previous 5 Years:
(List most recent year first)
3. Columbia, South Carolina (April, 2016)
4. Rock Hill, South Carolina (April, 2015)
5. North Myrtle Beach, South Carolina (April, 2014)
http://usquidditchcup.com/about/history/
Source of Information for Previous Events:
https://www.usquidditch.org
Columbia S.C.; other locations outside of Texas were considered but
Other locations outside of Texas considered to host
the event:
that information is confidential.
Was the site selected as a part of a multiyear
agreement? If yes, what years (past and future)?
No
Anticipated Total Attendance at Primary Event:
4000-5000
Anticipated Out of State Attendance
la
at Primary Event:
zsoo
Desired Market Area (Area that is affected by the
economic impact of the event):
Round Rock, Texas
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 fee(s)?*
$40,575
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 Ticketed event
method, subject to approval, that will be used: I Participant registration from USA Quidditch
EDT must receive the following documents (except the Event Support Contract) by the application deadline 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
Name (Printed)
title J4_
I,.) -/sl rr
Date
V US QUIDDITCH
Nancy Yawn
Director
Convention and Visitors Bureau
City of Round Rock
231 East Main Street, Suite 150
Round Rock, TX 78664
June 12, 2018
Dear Nancy,
US Quidditch is excited to inform you that Round Rock, Texas has been selected to host next season's
US Quidditch Cup 12 on April 13-14, 2019. However, we have selected another city to host Southwest
Regional Championship. Round Rock was chosen following a highly competitive selection process,
which included a thorough review of your bid package by the USQ Selection Committee. Our players,
officials, and volunteers had a fantastic experience at the Round Rock Multipurpose Complex this past
April. We were very impressed with it as well, along with the level of support from the city and your
enthusiasm for quidditch.
Please respond with confirmation that you accept our offer to host US Quidditch Cup 12. We look
forward to working with you over the coming months to host a great event in Round Rock,
Sincerely,
Mary Kimball
Events Director
mp[y.kimball cusq.uidditch.org
360.436.6255
PO Sox 79304 • Charlotte, NC 28271 • USQUIDDITCH.ORG
2019 US Quidditch Cup 12
Economic lrtpaq Study
Prepared by the City of Round Rock
:K TEXAS
The Event
The 2019 US Quidditch Cup 12 will be held April 13-14, 2019 at the Round Rock Multipurpose Complex in
Round Rock, Texas. Quidditch is a mixed gender full contact sport with a unique mix of elements from
rugby, basketball, and dodgeball. A quidditch team is made up of seven athletes who play with brooms
between their legs at all times. While the game can appear chaotic to the casual observer, quidditch is an
exciting sport to watch and is even more fun to play. The event will feature 60 teams from two newly created
divisions, collegiate and community, this is the pinnacle of the competitive season and the largest spectator
event of the year. Collegiate teams and community teams will have the opportunity to compete over two (2)
days at the 2019 US Quidditch Cup 12 for a chance to be crowned the National Champions in their division.
The City of Round Rock won the bid to host the 2019 US Quidditch Cup 12 after a highly competitive bid
process with other cities across the country. The City hosted the 2018 US Quidditch Cup 11, which added
to our understanding on what to expect from this event.
Figures 18 2 - Round Rock Multipurpose Complex
Assumptions
Assumed Total Number of Attendees
The 2019 US Quidditch Cup 12 is projected to bring in a total of 4,000 attendees; which includes
participants, out-of-state, and out -of -area Texans over a course of 2 days Attendee projections were based
on the 2019 US Quidditch Cup 12 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 US Quidditch Cup and used to project the percentage and total number of attendees for the
event.
Event Attendees
% of Total Number
of Participants
Total Number of
Participants
Out -of -State
63%
2,500
Out of -Area Texans
19%
750
Local Area People
19%
750
Tota[
100%
4,000
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 2,500. 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 April 13-14 have been averaged for the twelve rental
car companies located at the Austin -Bergstrom International Airport. This average is $55.92 per day.
Attendees
Total
Number of
Attendees Households
% of # of Avg
Households Households Cost Total Rental
Rentin Renting # Of Da Per da Spending
Out -of -State
2,500 1000
1 75% 1
750 1 2 1 $55,921 $83,880.00
Out -of -Area Texans
750
1
Not likely
to rent cars for the event
Local Area People
750
Not likely
to rent cars for the event
Projected Hotel/Motels Expenditures
The average nightly hotel rate of $94.68 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.
Attendees
Number of
Attendees
Number of
Nights in
Hotel
Avg people
per room
Total Room
Nights
Average
Room Rate
Hotel
Spending
Out -of -State
2,500
2
4
1250
94.68
118,350.00
Out -of -Area Texans
750
2
4
375
94.681
35,505.00
Local Area Peo le
750
Not proiected
to g±nerate additional economic actin'
Total
4,000
1
1
1 1,625
1 1
x153,855.00
Note: Room nights are divided by average people per room
Projected Food/Dining and Alcoholic Drinks with Meals Expenditures
To project t e 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.
RA
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.
Attendees
# of
Attendees
Number
of days
Food/Meals
(excluding drinks)
Spending Per
Person
Total $
FoodlMeals
Alcoholic
Drinks with
Meals Per
Person
Total $
Alcoholic
Drinks with
Meals
Out -of -State
2,500
2
59.001
295,000.001
4.001
20,000.00
Out -of -Area Texans
750
2
59.001
88,500.001
4.001
6,000.00
!vocal Area People
750
7,670.00
Not Eo'ecfed to generate additional economic activity
Total
4,000
2.00%
1
1 $383,500.00
Car Rentals
1 $26,000.00
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.
Attendees
Total Number Of
Attendees
Total Number of
Days
Average Spending Total Spending on
Per Day Shopping
Out -of -State
2,500
2
7.00 35,000.00
Out -of -Area Texans
750
2
7.00 10,500.00
Local Area People 1
750
Not projected to
generate additional economic actio'
Total
4,000
Food/Meals(excluding drinks
1
1 $45,500.00
Projected Eligible Taxes from Direct Expenditures
The table below displays the projected direct expenditures and eligible sales taxes generated from the 2019
US Quidditch Cup 12 between April 13-14. The total projected direct expenditures resulting from the event
is $692,735.00 The estimated sales tax generation is $47,291.80 in eligible state taxes and $22,946.95 in
eligible local taxes.
4- 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%.
3
Projected
Direct
Expenditures
Texas
Tax
Rate '
Round
Rock Tax
Rate
Eligible Texas
Taxes
Round Rock
Taxes
Shopeing
45,500.00
6.25%
2.00%
2,843.75
910.00
Hotels/Motels
153,855.00
6.00%
9.00%
9,231.30
13,846.95
Food/Meals(excluding drinks
383,500.00
6.25%
2.00%
23,968.75
7,670.00
Alcoholic Drinks with Meals
26,000.00
11.00%
2.00%
2,860.00
520.00
Car Rentals
83,880.00
10.00°/
a
8,388.00
Total Eligible Expenditures
$692,735.00
47,291.80
$22,946.95
Eligible Texas Tax Generated $47,291.80
4- 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%.
3
` 'CE Uj.
,1 R.
GOVERNOR GREG ABBOTT
ECONOMIC DEVELOPMENT & TOURISM
AFFIDAVIT
for Economic Impact Documentation
Affidavit to be completed, including signed and notarized, by any and all party(ies) providing
economic data to support an application for an Event Trust Fund, Major Events Reimbursement
Program or Motor Sports Racing Trust Fund.
I,Andrea Saiz, 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 Events 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 Local Organizing Committee is receiving funding under the Act for the purposes of
facilitating this event: 2019 US Quiddit;:h Cup 12 on these dates: April 13-14, 2018 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
1-800-892-8348. 1 hereby swear and affirm that 1 have read the entire affidavit, and I understand its contents.
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-935-0100 * Gov.TExAs.cov
1 4
Title and Name of Organization fc),4hj
The State of Texas
County of VVI -
I I [a.rn, Q )
&6�rra aid
Printed Name
-7-:) 0 - 1
Date
Before me, a Notary Public, on this day personally appearedloarm SaiL , 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 !D (1,1.( 01 Nwwbtr ".—Lb
6" a PI&
Notary Pub(W, State of Texas
BLANCA GILLIS
(PERSONALIZED SEAL)
_z'� ... ��! Notary Public, State of Texa:
:.:
Comm Expires 03-15-2020
-%°�'`•'` Notary ID 130582387
(Print name of Notary public here)
My commission expires the day of U� h , 20
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov-TEXAS.Gov
Nancy Yawn
From: Stephanie Sandre <ssandre@scrriaw.com>
Sent: Thursday, November 15, 2018 4:45 PM
To: Nancy Yawn
Subject: Letter for US Quidditch Cup 12
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 US Quidditch Cup 12 from April 13-14, 2019 (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
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, TX 78664
Phone: (512) 738-8728
Fax: (512) 255-8986
stenhanie@scrriaw.com
o',
4
r� f `c�
GOVERNOR GREG ABBOTT
ECONOMIC DEVELOPMENT & TOURISM
AFFIDAVIT
of Endorsing Entity
Affidavit to be completed, including signed and notarized, by any and all Municipalities, Counties, and/or
LDCs endorsing an Event Trust Fund, Major Events Reimbursement Program or Motor Sports Racing Trust
Fund.
I, Laurie Hadley, an authorized representative of The City of Round Rock, a [Local Organizing Committee (nonprofit
corporation), endorsing municipality 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
swear and affirm that, to the best of my knowledge, the Requestor has designed and implemented internal controls,
processes and procedures to help the Requestor ensure that the Requestor and 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 knowledge. All other information submitted as part
of this 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 is not 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 for 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: US Quidditch Cup 12
on these dates: April 13-14, 2019. 1 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 of disbursement 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 knowledge of its
falsity, when the actor has the intent to harm or defraud another.
POST OFFICE 13OX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * GOV.TEXAS.GOV
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.
Affiant Signature
Printed Name
Title and Name of Organization Date
The State of Texas.
County of Lk llt�-_;
Before me, a Notary Public, on this day personally appeared y r`..._ nown to me to be the
person whose name is subscribed to the forgoing instrument and a,knowledged to me that he/she executed the same
for the purpose and consideration therein expressed
Given under my hand and seal of office this ay of llv%C - _20
(PERSONALIZED SEAL)
o ary Public, State of Texas
(Print ndme of Notary Public here)
My commission expires the 422day of
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TcxAs.cov
HOST PARTNER AGREEMENT
THIS AGREEMENT (the "Agreement") is executed effective as of date of signing (the
"Effective Date") by and between US QUIDDITCH, PO Box 79304, Charlotte, NC 28271, 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 US QUIDDITCH CUP 12 (the "event") in
Round Rock, Texas, on or about April 13 through April 14, 2019, to be held at the Old
Settlers Park Multipurpose Field Complex ("Multipurpose Complex") owned and operated by
[lie City/Host and located at 3300 Palm Valley Boulevard, Round Rock, Texas 78664.
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, US
QUIDDITCH and City/Host agree as follows:
1. Designation and Rights as Official Host Partner„
(a) City/Host shall be designated as an "Official Host partner" for the event.
(b) US QUIDDITCH has the right to secure its own sponsors or sponsorships
for the event.
(c) City Host acknowledges that US QUIDDITCH has granted and/or may
grant to other National Corporate Sponsors, National Partners, or
Licensees the use of US QUIDDITCH's Marks (defined herein as US
QUIDDITCH's trademarks, trade names, service marks and logos) in the
promotion of US QUIDDITCH's goods or services. Said Iicensing and
merchandising relationships shall be on a local, regional, and national
basis.
(d) US QUIDDITCH 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. US
QUIDDITCH 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. USQUIDDITCH's Rights and Responsibilities
(a) US QUIDDITCH shall have the right to receive and retain, in accordance
with conditions recited herein, all team entry fees from the event.
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(b) US QUIDDITCH shall obtain and maintain in full force and affect a
general liability insurance policy covering the event, and said insurance
policy 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. US QUIDDITCH 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 CityiHost,
(c) US QUIDDITCH, 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 US
QUIDDITCH is in compliance with all terns of this Agreement, City°Host shall
pay to US QUIDDITCH the following:
(a) Rights Fee of Forty Thousand live hundred seventy-five and No/100
Dollars (540,575.00). Such rights fee shall assist in covering US
QUIDDITCH's event costs, specifically venue rental costs as set
forth herein. The rights fee of 540,575.00 shall be due and payable
by City/Host to US QUIDDITCH upon execution of this Agreement and
shall be used by US QUIDDITCH as follows:
(i) Upon receipt of the rights fee from City'Host, US QUIDDITCH
shall use the rights fee to pay the deposit amount required by the
venue to secure the venue for the Event. In the event the deposit
has already been paid by US QUIDDITCH prior to the execution
of this Agreement, the rights fee shall be used toward the
remaining costs of the venue rental.
(ii) In the event US QUIDDITCH 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,
US QUIDDITCH 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
al l remedies available under Texas Law.
(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 April 14, 2419.
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 hereoC
(b) This Agreement, when executed, will be its legal, valid and binding
obligation enforceable against it in accordance with the terns 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 Ownership of Marks
US QUIDDITCH 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.
3
Each party shall retain ownership of its respective Marks. Use of the Marks under
this Agreement shall be for 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 US QUIDDITCH Mark or City Host Mark. Accordingly,
in the event of any unauthorized use of any US QUIDDITCH 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 US
QUIDDITCH or City -Host. US QUIDDITCH 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 US QUIDDITCH:
Sarah Woolsey
Executive Director
PD Box 79304
Charlotte, NC 28271
4
To City Host:
Laurie Hadley
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
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 without 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 US QUIDDITCH and shall provide US QUIDDITCH 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 prorata portion of its Rights Fee based on those
benefits actually determined by City -Host to have been provided to
City'Host by US QUIDDITCH prior to termination or cancellation. In the
event that City Host has, as of the effective date of termination or
cancellation, paid US QUIDDITCH more of the Rights Fee than required
by this section and this Agreement, then and in that event US
QUIDDITCH shall be obligated to promptly refund the full difference to
City'Host.
1 I. Indemnification
To the extent allowed by law, City'Host hereby Agee to hold harmless US
QUIDDITCH, 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 US QUIDDITCH'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, US QUIDDITCH hereby agrees 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) US QUIDDITCH's
intentional or negligent actions or omissions under this Agreement, including but
not limited to trademark infringements based upon City,'Host's use of US
QUIDDITCH's Marks as approved in accordance with this Agreement, contests,
sweepstakes or other activities conducted by US QUIDDITCH pursuant to this
Agreement, and any product demonstrations or products distributed by US
QUIDDITCH pursuant to this Agreement and (ii) any breach of this Agreement
by US QUIDDITCH.
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 US
QUIDDITCH 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.
13. Limitation of Liability
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 Iie 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
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. Headings
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, as the case may be, 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 ifprevented, 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.
[Signatures on the following page.]
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates.
US QUIDDITCH
By: $a -L -z -
Name Sarah Woolsey
Title: Executive Director
Date: 11/1512018
9
CITY 9F ROUND ROCK, TEXAS
Title: C14011 '
Date:
For City, Attest.
By:
SaraWhite, City Clerk