CM-2018-1994 - 12/17/2018EVENTS 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: 2019 USA Ultimate College Championships
DATE(S) OF EVENT: May 24-27,2019
EVENT LOCATION (CITY): Round Rock
DATE APPLICATION SUBMITTED: 0ecemher 15, 2018
6, M, 2 0 01 � Ll Effective March 20, 2018
Events Trust Fund Application
Event Trust Fund ETF Major Events Reimbursement Program (MERP}
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://Pov.texas.pov/business/page/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 eventsfund@aov.texas.aov.
Name of Endorsing Municipality or County: [ City of Round Rock
Municipality or County Contact Name: Chad McKenzie
Contact Title: Director, Sports Management and Tourism
Contact Email: i cmckenzie@roundrocktexas.gov
Contact Phone Number: 1 (512) 218-5488 1
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 it 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:
USA Ultimate
Site Selection Contact Name:
Byron Hicks
Site Selection Contact Title:
Manager - Events
Site Selection Contact Email:
Contact Phone Number:
byron@hq.usaultimate.org
(719) 219-8322 ext. 121
*EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event.
Total Fund Amount Requested: $12,000
State Share: $21,772.72
Local Share: $3,483.64
*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
Estimated Secondary Impact Total: N/A
*Direct Impact + Secondary Impact = State Share.
Official Event Name: 12019 USA Ultimate College CHampionships
Event Fund/Program being applied for:
(ETF, MERP, MSRTF) Event Trust Fund
Venue(s) of Event:
Event Website:
Date(s) of the Primary Event:
Round Rock Multipurpose Complex
collegechamp! onships.usaultimate.org
May 24 27, 2019
Day set-up/load-in for the event will begin: j May 22, 2019
Day strike/load-out of the event will end: I May 27, 2019
1. Milwaukee, WI
2. Warren County, Ohio
Location of Event for the Previous 5 Years:
(List most recent year first) 3. Raleigh, NC
4. Milwaukee, WI
5. Warren County, OH
Source of Information for Previous Events:
Byron Hicks
Other locations outside of Texas considered to host
Salt Lake City, UT
_ the event:
Winston Salem, NC
Was the site selected as a part of a multi-year
agreement? If yes, what years (past and future)?
NO
Anticipated Total Attendance at Primary Event:
1000
Anticipated Out of State Attendance
at Primary Event:
750
Desired Market Area (Area that is affected by the
economic impact of the event):
Round Rock
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 a�T,
referenced fee2'DOo
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:
Advanced ticketing
Wristbands and zip codes
Participant list
I
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
414GU'1�
Name (Printed) — +�
Title
Date
ROUND ROCK TEXAS
ADMINISTRATION DEPARTMENT
December 14, 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
Councllmembers
Tammy Young
Rene Flores
Matthew Baker
Will Peckham
Hilda Montgomery
City Manager
Laurie Hadley
City Attorney
Stephan L. Sheets
The City of Round Rock is in full support of hosting the 2019 USA Ultimate College Championships
scheduled for May 24-27, 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,
�i
Laurie Hadley
City Manager
CITU OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664
[P] 512.218.5401 • [F] 512.218.7097 • roundracktexas.gov
USA
ULTIMATE
November 29, 2018
Nancy Yawn
Round Rock Convention and Visitors Bureau
231 East Main Street, Suite 150
Round Rock, Texas 78664
Re: 2029 USA Ultimate College Championships
Dear Nancy,
USA Ultimate is pleased to award the 2019 College Championships the City of Round Rock, Texas.
Round Rock was selected from a host of great American cities.
These championships are held once a year, is our flagship event for our college 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 the Multipurpose Complex and know that this will be a very
successful event for all concerned.
Congratulations!
Byron Hicks
Manager— Events
USA Ultimate
USA Ultimate
5825 Delmonico Drive, Suite 350
Colorado Springs, CO 80919
Tel: 719-219-8322 Fax: 719-219-1490
Web: www.usaultimate.org Email: Info@usaultimate.org
2019 USA Ultimate
Economic Impact Study
Prepared by the City of Round Rock
:K TEXAS
The Event
The 2019 USA Ultimate College Championship will be held May 241h — 27th, 2019 at the Round Rock
Multipurpose Complex in Round Rock, Texas. Ultimate Frisbee combines the non-stop movement and
athletic endurance of soccer with the aerial passing skills of football. A game of ultimate is played by two
teams with a flying disc on a field with end zones, similar to football. The object of the game is to score by
catching a pass in the opponent's end zone. A player must stop running while in possession of the disc
but may pivot and pass to any of the other receivers on the field. Ultimate is a transition game in which
players move quickly from offense to defense on turnovers that occur with a dropped pass, an
interception, a pass out of bounds, or when a player is caught holding the disc for more than ten seconds.
The event will feature 20 men's and 20 women's Division 1 college teams from across the country.
The City of Round Rock won the bid to host the 2019 USA Ultimate College Championships after a highly
competitive bid process with other cities across the country.
Figures 1& 2 - Round Rock Multipurpose Complex
Assumptions
Assumed Total Number of Attendees
The 2019 USA Ultimate College Championships is projected to bring in a total of 1,0000 attendees; which
includes participants, out-of-state Texans over the course of 4 days. Attendee projections were based on
the 2019 USA Ultimate College Championships application, supplied by the 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 USA Ultimate and used to project the percentage and total numbers of
attendees for the event.
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 4 days
and 3 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 -stake attendees is 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 200 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 24-27 have been averaged for the twelve rental
car companies located at the Austin -Bergstrom International Airport. This average is $58.23 per day.
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
traveling 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.
tore: xoom 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.
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.
Projected Eligible Taxes from Direct Expenditures
The table below displays the projected direct expenditures and eligible sales taxes generated from the 2019
USA Ultimate College Championships between May 24-27, The total projected direct expenditures resulting
from the event is $315,746.00 The estimated sales tax generation is $21,510,28 in eligible state taxes and
$9,592.72 in eligible local taxes.
tax from these transactions, so Round Rocks applicable rate for this study is Oda.
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 USA Ultimate on these dates: May 24th - 27th 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 I have read the entire affidavit, and I understand its contents.
POST OrFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TEXAS.GOV
Affiant Signature _ Printed Name
Fvdaof Te jrr 1 i ag CLQ �oc_!C );)-10-W
Title and Name of Organization Date
The State of Texas
County of 11, [, )
Before me, a Notary Public, on this day personally appeared AM r a Sal -2- , 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 ! 0 day of O&M ber-- , 20 1 U
f!�
Notary 11vublic, State of Texas
BLANCA GILLIS
�Iotary Public, State of Texas (PERSONALIZED SEAL)
*5yre� Comm Expires 03-15-2020
poll Notary Notary ID 1 30582387
glan(aC-71 iS
(Print name
�of Notary Public here)
My commission expires the day of /Manu r 20
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TExAS.GOV
Nancy Yawn
From: Stephanie Sandre <ssandre@scrrlaw.com>
Sent: Monday, November 19, 2018 3:11 PM
To: Nancy Yawn
Subject: Event Trust Fund - 2019 USA Ultimate College Championships
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 2019 USA Ultimate College Championships from
May 24-27, 2019 (the "Event") meets the requirements of Section 5190.14.
1) The City of Round Rock is a municipality.
2) 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.
3) The site selected is the sole site for the Event.
4) 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) 738-6728
Fax: (512) 255-8986
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 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: 2019 USA Ultimate
College Championships on these dates: May 24-27, 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 Box 12428 AUSTIN, TEXAS 78711 * 512-436-0100 * 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. i hereby swear and affirm that I have read the entire affidavit, and I understand its contents.
Affiant Signature
r.L fC u'�{
Printed Name
Title and Name o Organization IevLi ��GL%�CY�%Date
The State of Texas
County ofl�/ h
Before me, a Notary Public, on this day personally appeared _;rr� known to me to be the
person whose name is subscribed to the forgoing instrument and acknowledged to me th t he/she executed the same
for the purpose and consideration therein expressed.
Given under my hand and seal of office this 'day of />C(fin, 20 �
(PERSONALIZED SEAL)
N a y Public, State of Texas
(Print name of Notary Public here)
My commission expires the day of lJyO
POST 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 (tile
"Effective Date") by and between USA ULTIMATE, 5825 Delmonico Drive, Suite 354
Colorado Springs, CO 80919, and the CITY OR ROUND ROCK, TEXAS (tile "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 un "Official Ilost Partner" of' (lie USA Ultimate
College Cllampianships (tile "event") in Round Rock, Texas, on or about May 24 through May
27, 2019, to be held at the Round Rock Multipurpose Complex ("Multipurpose Complex")
owned and operated by thy: City/1-lost and located at 3300 Palm Valley Boulevard, Round Rork,
Texas 78664.
NOW, THEREFORE, in consideration of the premises herein set forth and other good
and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, USA
ULTIMATE and City/Host agree as follows:
I. Desi anntion and Ri iltts I's 0171cial Host Partner
(a) City/Host shall be designated as nn "Official Host Partncr' for the event
(b) USA ULTIMATE has the right to secure its own sponsors or
sponsorships f'or the event.
(c) City/1-lost acknowledges that USA ULTIMATE has granted and/or may
grant to other National Corporate Sponsors, National Panners, or
Licensees the use of the USA ULTIMATE's Marks (defined herein as
USA ULTIMATE's trademarks, trade names, service marks and logos) in
the promotion of USA ULTIMATE's goods or services. Said licensing
and merchandising relationships shall be on a local, regional, and national
basis.
(d) USA ULTIMATE and City/Host acknowledge that each recognizes the
value of inherent attributes of lite goodwill associated with each other's
respective trademarks, trade names, service marks and logos. USA
ULTIMATE and City Host shall not apply lar and shall not obtain any
state or federal service mark or trademark registration or arty 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.
6U('26/P-/ -7,(e
2. USA ULTIMATE's Rights and Rc.S onsibilities
(a) USA ULTIMATE shall have the right to receive and retain, in accordance
with conditions recited herein, all learn entry fees from the event.
(b) USA ULTIMATE shall obtain and maintain in full force and affect a
general liability insurance policy covering the event, and said insurance
policy shall fuIrll 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/[ -lost ill advance of (lie event. USA ULTIMATE shall,
upon the direction of City, l lost, include City as an additional insured on
such insurance policy at no additional cost or charge to City/Host.
(c) USA ULTIMATE, at its own expense, shall have the sole responsibility
for establishing, organizing, and operating the event.
3. Fecs and Costs
As consideration for the rights and benefits granted herein, and provided that USA
ULTIMATE is in compliance with all terms of this Agreement, City/l.[ost shall pay
to USA ULTIMATE the following:
(a) (tights Fee of Twelve Thousand and No/100 Dollars ($I2,p00.00)a Such
rights fee shall assist in covering USA ULTIMATE'S event costs,
specifically venue rental costs as set rortlt herein. The rights f'ee of
$12,000.00 shall be due and Payable by City/1last to USA ULTIMATE
upon execution of this Agreement and shall be used by USA ULTIMATE
as follows;
(i) Upon rcccipt of Ilse rights fcc Pram City Host, USA ULTIMATE
shall use the rights fcc to pay (lie deposit amount required by the
venue to secure the venue fur the Event. In the event the deposit
has already been paid by USA ULTIMATE prior to the execution
of this Agreement, tite rights fee shall be used toward the
remaining costs of the venue rental.
(ii) In the event USA ULTIMATE pays the deposit tar the venue
rental and there arc remaining monies available from the rights fee,
those remaining monies shall be used towards the remaining costs
of the venue rental. In the event the rights fee exceeds the total
cost of the venue rental, the rights lec may be used toward
additional event costs.
(iii) Within fifteen (15) clays of the execution date of this Agreement,
USA ULTIMATE shall provide City/l lost (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) Failurc to provide verification to City/Host as required in
subsection (iii) above shall be considcmd a material breach of this
Agreement and City/Host shall at its sole discretion seek any and
all rennedics available tinder Texas Law.
(b) Other Costs
Cityll•lost shall he 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 materinls to be distributed an -site.
City/Host shall endeavor to ensure that all City/Host advertising and
promotion complics with all applicable laws, rules and regulations.
4. Terms
Subject to the recited terms and provisions of this Agreement, the Iertn 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 27, 2014.
S. Re resenlations and Warranties
Each party hereto represents and warrants to file other party as follows:
(a) It has the full right and legal authority to enter into and fully perfarm this
Agreement in accordance with the terms and conditions hereof.
(b) This Agreement, when executed, will be its legal, valid and binding
obligation enforecable against it in accordance with the Icrms and
conditions hereof, except to the extent that enforcement hereof may be
limited by bankruptcy, insolvency or other similar laws afficcting
creditors' rights generally.
(c) The execution. delivery and perfornlance ol'this Agreement docs 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 upproval 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 limes during the tern hereof
6. Use and Ownershipori
USA ULTIMATE and City/Host hereby agrees to use the Marks of tile 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 shal l be for the benefit of the respcclivc Mark owner. The parties
acknowledge (lint the rights granted by each party under this Agreement possess a
special, unique and extraordinary character that make difficult the assessment of
monctary damage that would he sustained by such party as a result of any
unauthorized use of any USA ULTIMATE Mark or City/1-losl Mark.
Accordingly, in the event of any unauthorized use of any USA ULTIMATE 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 contntctual, 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 compc(cnl jurisdiction for
a temporary restraining order, a preliminary or pertuanenl 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
ULTIMATE or City/1-lost. USA ULTIMATE is an independent contractor and is
not Cily/Hosl's etuployce. 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 perfonn nets 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 lite other under (his
Agreement, it shall be sent via e-mail; facsimile; or by certified U.S. mail with
receipt confirmed to the following:
4
To USA ULTIMATE
Will Deaver
Managing Director, Competition and National Teams
5825 Delmonico Drive, Suite 350
Colorado Springs, CO 80919
To City. Host-
Lauric Hadley
City Manager
City of Found Rock
221 East Main Street
Round Rock, Texas 78664
Fitch party shall have the obligation to notify the: other of any change in address for these
notice purposes.
10. Terminating and Cancellation
(a) If the otltcr party materially defaults in the performance of this Agreement,
and if such default is riot cured within thirty (30) days following written
notice of such cietault 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 wilich such terminating party may be entitled. and
such termination shall be effective upon delivering written notice to the
other party ofsuch termination.
(b) City/Host may terniinate this Agreement, in whole or in part, for
convenience and wily cause, at any time upon nincly (90) days' written
notice to the other party. Prior to proceeding with u termination for cause,
City/Host agree to use all reasonable efforts to resolve any and all issues
with USA ULTIMATE and shall provide USA ULTIMATE a reasonable
amount of time to remedy the issues to avoid a termination for cause.
tel: Termination of this Agreement I'or any reason provided herein shall not
relieve either purly 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 an&or the
cancellation ofihc event, the parties acknowledge that City/Host would
only be required to pay a prorata Portion of its Rights Fee based on those
benefits determined by City1losl to have been provided to City/Ilosl by
USA ULTIMATE prior to termination or cancellation. Jn the event that
City/Host has, as of the effective date of termination or cancellation, paid
USA ULTIMATE more of the Rights Fee than required by this section
and this Agreement, then and in that event USA ULTIMATE shall be
obligated to promptly rcfiind the frill difference to City/Host.
11. Indemnification
To the extent allowed by law, Ci(yrHost hereby agree to hold harmless USA
ULTIMATE, and its affilia(cs and subsidiaries, and the agents, representatives,
ofFcers, 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/1•lost's intentional or negligent actions or omissions under this Agreement,
including but not limited to trademark infringements based upon USA
ULTIMATE's use of the City/] lost Marks as approved in accordance will, this
Agreement, contests, sweepstakes or other activities conducted by Cityjlost
pursuant to this Agreement, and any product demonstrations or products
distributed by City/flost Pursuant to (his Agreement and iii) any breach of (his
Agreement by City/l lost.
To the extent allowed by law, USA ULTIMATE hereby agree to hold harmless
City I lost, 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 charictcr (including reasonable altorneys' fees and costs)
related to or arising out of whellier directly or indirectly, (i) USA ULTIMATE's
intentional or negligent actions or omissions under this Agreement, including but
not limited to trademark infringements based upon City/Flost's use of USA
ULTIMATE's Marks as approved in accordnnce with [Itis Agreemen(, contests,
sweepstakcs or other activities conducted by USA ULTIMATE pursuant to this
Agreement, and any product dernonstralions or products distributed by USA
ULTIMATE pursuant to this Agreement and (ii) any breach ofthis Agreement by
USA ULTIMATE.
Each Party will promptly notify the other ol'any claim. The terms, provisions ai,d
conditions of this Section I 1 shall survive the expiration or earlier termination of
this Agreement.
6
12, Entire Agreement„
This Agreement constitutes the entire agreement between City I lost and USA
ULTIMATE with respect to the subject matter Iiereitti And shall supersede any and
all other agreements, whether oral or otherwise, between the parties. Any
amendments or modification~ of this Agreement must be it, writing and signed by
authorized representatives of both parties
13. Limitation of Linbility
Notwithstanding anything contained herein to the contrary, in no event shall either
party he liable to lite other party for any consequential, incidental, punitive,
special, or indirect damages orally kind.
Id. Confidentiality
The parties hereto expressly acknowledge: that Cityr'Hosi 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, agcnis, or representatives to tite
extent Iteccssary to implerncnt this Agreement, and except where a proposed
disclosure of any specific tams 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 reiief shall be available to any aggrieved party. This
foregoing shall not apply to any infunnation that becomes generally known
through no fault of the parties bound hereunder.
15. Execution
This Agreement may be executed in counterparts and shall he deemed executed
and binding upon signature by both parties hereof;
16. Governing Law
This Agreement shall be enforceable in hound hock, Texas, and if legal action is
necessary by either party with respect to llic enforcctucnt orally or all ofthe; tenns
or conditions herein, exclusive venue for same shall lic in Williamson County,
Texas. This Agreement shall be governed by and construed in accordance with
tits laws and court decisions of the Slate of Texas.
7
I7. SeveralilliFy
Whenever possible, each provision ol'tltis Agreement shall be interpreted in such
a manner as to be effective and valid under applicable law, but ifany 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 die parties expressed
herein shall be in addition to, and not in limitation of. those provided by
applicable law.
IS, No Waiver
No failure or delay on the part of any of the parties in [he 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 [his 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 ofany 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 (lie 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 Ma cure
No party hereto will he 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 pasty's control, excluding weather.
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates,
USA ULTIMATE
By:
Name taw --
Title• M A.+ag "c. ,. -
Datc: Cr&.Vj
CITY OF ROUND
13y:
Name:
Title:
Date:
For City, Attest:
aY:
Sara L White, City Cler
TEXAS
City of Round Rock
:oac1fRDUN]3Agenda Item
=t g Summary
Agenda Number:
Title: Consider authorizing an Events Trust Fund Application in association with the
2019 USA Ultimate College Championships at the Round Rock Multipurpose
Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/14/2018
Dept Director: Chad McKenzie
Cost: $0.00
Indexes:
Attachments: Event Trust Fund Application 2019
Department: Sports Management and Tourism
Text of Legislative File CM -2018-1994
Consider authorizing an Events Trust Fund Application in association with the 2019 USA
Ultimate College Championships at the Round Rock Multipurpose Complex.
This program is 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 USA Ultimate College Championships event in 2019.
Cost: NIA
Source of Funds: NIA
City of Round Rock page } Printed on 12/124o18