CM-2019-0143 - 5/24/2019City of Round Rock
---' ROUNO ROCK
rxps Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Events Trust Fund Application in association with the
2019 NIRSA Flag Football Championships at the Round Rock Multipurpose
Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/24/2019
Dept Director: Chad McKenzie
Cost: $0.00
Indexes: Hotel Occupancy Tax Fund
Attachments: NIRSA Economic Development and Tourism, NIRSA Flag Football ETF
Application'19(Nat Signed)
Department: Sports Management and Tourism
Text of Legislative File CM -2019-0143
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 NIRSA
Flag Football Championships event in January 3-5, 2020.
Cost: NIA
Source of Funds: HOT Funds
City *(Round Rock Page f Primed on 5/24/2019
ROUND ROCK TEXAS
ADMINISTRATION DEPARTMENT
May 24, 2019
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 -Tern
Writ Baese
Coundimembers
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 2019 NIRSA Flag Football Championship scheduled
for January 3 —January 5, 2020 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.
Sincerel
Ile
Broo s Sennett
Assistant City Manager
CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664
[P] 512.218.5401 - [F] 512.218.7097 • roundrocktexas.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
EVENT NAME: NIRSA Flag Football National Championships
DATE(S) OF EVENT: January 3-5,2020
EVENT LOCATION (CITY): Round Rock
DATE APPLICATION SUBMITTED:
Effective March 20, 2018
Events Trust Fund Application
Event Trust Fund (ETFMa'or 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 ht_ tps:I/Pov.texas-gov/business/page/event-trust-funds-grogram.
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@cov.texas.aov.
Name of Endorsing Municipality or County: I City of Round Rock
Municipality or County Contact Name: Chad McKenzie
Contact Title: Director, Sports Management and Tourism
Contact Email: cmckenzie@roundrocktexas.gov
Contact Phone Number: (512) 218-5488
1. Has the endorsing municipality or county reviewed the event and found that it meets all eligibility requirements
as listed in Vernon's Texas Revised Civil Statutes (VTCS) Section 5190.14?
Yes ® No ❑
2. Has the endorsing municipality or county determined that it will contribute local funding ("local match") to the
Event Trust Fund, if established?
Yes ® No ❑
1. Has the municipality or county authorized a non ro 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 ED
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: NIRSA
Site Selection Contact Name: Valerie McCutchan
Site Selection Contact Title: Director of National Sport Programs
Site Selection Contact Email: Valerie@nirsa.org
Contact Phone Number: (541) 766-8211
*EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event.
Total Fund Amount Requested:
$18,906.97
State Share:
$16,299.11
Local Share:
$2,607.86
*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: -
- Estimated Secondary Impact Total: —
"Direct Impact + Secondary Impact = State Share.
Official Event Name: I NIRSA National Flag Football Championships
Event Fund/Program being applied for:
(ETF, MERP, MSRTF) ETF
Venue(s) of Event: Round Rock Multipurpose Complex
Event Website: http://Play.nirsa.net/flagfootball/championship
Date(s) of the Primary Event: lanuary 3-5, 2020
Day set-up/load-in for the event will begin: January 2, 2020
Day strike/load-out of the event will end: January 5, 2020
Location of Event for the Previous 5 Years:
(List most recent year first)
1. Brosnaham Sports Complex, Pensacola, Florida
2. Pensacola, Florida
3. Pensacola, Florida
4. Pensacola, FLorida
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
5. Pensacola, Florida
Valerie McCutchan
Source of Information for Previous Events:
Other locations outside of Texas considered to host
the event:
Orlando, Florida; Tampa, Florida
Was the site selected as a part of a multi-year
agreement? If yes, what years (past and future)?
Yes - 2021 and 2022
Anticipated Total Attendance at Primary Event:
950
Anticipated Out of State Attendance
at Primary Event:
450
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 above
referenced fee(s)?*
$11, 762.00
Additional Information:
*Reimbursement will not be made for such a fee in excess of the amount listed. See TAC Rule § 184.45(18).
In accordance with TAC Rule § 184.13(d), 184.23(d) and 184.30, no later than 45 days after the event, the total actual
attendance and the estimated number of attendees that are not residents of Texas at the event must be provided
to EDT. Supporting documentation must be submitted for verification. The following methods will be accepted: ticket
sales count, turnstile count, ticket scan count, convention registration check-in count, or participant totals (must be
accompanied by ticket or turnstile count for MERP & MSRTFj. 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
P
method, subject to approval, that will be used:articipant roster, zip codes taken at the gate
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, an behalf of the applicant, to comply with the reporting requirements
and will provide other documentation as requested.
signature
Name (Printed)
A5.71 /�') -/
Title
Date
Leaders in NIRSA Headquarters 4185 SW Research Way Corvallis, OR 97333-1067
Collegiate Recreation TEL 541-766.8211 rAx 541-766-8284 nirsafnirsa.org www.nirsa.org
May 22, 2019
Nancy Yawn
Round Rock Convention and Visitors Bureau
City of Round Rock
231 East Main Street, Suite 150
Round Rock, Texas 78664
Re: 2019 NIRSA National Flag Football Championships
Dear Nancy,
NIRSA is pleased to award the 2019 NIRSA National Flag Football Championships (January 3-5, 2020) to
the City of Round Rock, Texas.
Round Rock was selected from a host of remarkable United States cities.
These championships are held once a year and is the NIRSA Championship Series leading event for
collegiate sport club and intramural athletes. We know that all our attendees will enjoy your amazing
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.
Best regards,
Valerie McCutchan
Director of National Sport Programs
NIRSA: Leaders in Collegiate Recreation
Nanc Yawn
From: Stephanie Sandre <ssandre@scrrlaw.com>
Sent: Wednesday, May 8, 2019 1:56 PM
To: Nancy Yawn
Subject: Letter for NIRSA National Flag Football 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 NIRSA National Flag Football Championships from
January 3, 2020 through January 5, 2020 (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.L.L.C.
309 East Main Street
Round Rork, TX 78664
Phone: (512) 738-8728
Fax: (512) 255-8986
The 2019 NIRSA National Flag
Football Championships
Economic Impact Study
Prepared by the City of Round Rock
:K TEXAS
The Event
The 2019 NIRSA National Flag Football Championships will be held January 3-5, 2020 at the Round Rock
Multipurpose Complex in Round Rock, Texas. The tournament will find a National Championship for the
2019 flag football season. The NIRSA Championship series gives college recreational sports participants
an opportunity to compete, coordinate, officiate, and connect with skilled peers from other schools and take
all the benefits of recreational competition to a higher level. The rich environment of inclusive competition,
sportsmanship, and professional development—from participants to fans to volunteers—supports
communities of health and wellness, which is what NIRSA is all about.
The City of Round Rock won the bid to host the 2019 NIRSA National Flag Football Championships after a
highly competitive bid process with other cities across the country. This will be the first time Round Rock
will host this event
Figures 1& 2 - Round Rock
Assumptions
Assumed Total Number of Attendees
The 2019 NIRSA National Flag Football Championships is projected to bring in a total of 950 attendees;
which includes participants, out-of-state, and out -of -area Texans over a course of 3 days. Attendee
projections were based on the 2019 NIRSA National Flag Football Championships application, supplied by
Round Rock's Conventions and Visitors Bureau (CVB). The breakdown of out-of-state, and out -of -area
Texan attendees was provided to Round Rock's CVB by NIRSA National Flag Football and used to project
the percentage and total number 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 3 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-state attendees is 950. 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 January 3-5 have been averaged for the nine rental
car companies located at the Austin -Bergstrom International Airport. This average is $68.44 per day.
Projected Hotel/Motels Expenditures
The average nightly hotel rate of $87.35 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.
AttendeesNumber
of
Number of Nights in Avg people
..
Total Room Average Hotel
Room Rate Spending
Out -of -State
500 3
1 4
1 375 1 87.351
32,756.25
Out -of -Area Texans
250 3 1
4
1 188 1 87.351
16,378.13
Local Area People
200 Not 4Lqj.qted to
nerate additional economic acfiv'
Total
954 1
1 563 $49,134.38
Note: Room nights are divided by average Deonle Der room
Projected Food/Dining and Alcoholic Drinks with Meals Expenditures
To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping
an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a
conservative projection based on surveys of prior local events. The $70 was divided between dining,
drinking, and shopping based on the following methodology.
2
The federal General Services Administration per diem rate for food while traveling for the Austin -Round
Rock metropolitan area is $59 per day. This study estimates spending on alcoholic drinks with meals to be
$4 per day. This amount is lower than many other events but because this event is for college students,
most of them will not be of legal age to purchase alcoholic drinks in restaurants_
Projected Other Shopping Expenditures
Round Rock has a variety of shopping centers in the vicinity of the Round Rock Sports Center and the
event hotels. Based on the spending estimate per person of $70 per day from above, after dining and
alcoholic drinks with meals, it is estimated that the average spending on other shopping is $7 per day per
person.
Projected Eligible Taxes from Direct Expenditures
The table below displays the projected direct expenditures and eligible sales taxes generated from the 2019
NIRSA Flag Football Championships between January 3-5. The total projected direct expenditures resulting
from the event is $237,432.38 The estimated sales tax generation is $16,299.11 in eligible state taxes and
$7,572.09 in eligible local taxes.
Shopping
Projected Texas
Direct Tax
Expenditures
15,750.00 6.25%
Round
Rock Tax
2.00%
Eligible•
984.38
• Rock
315.00
Hotels/Motels
49,134.38 6.00%
9.00%
2,948.06
4,422.09
Food/Meals(excluding drinks
132,750.00 6.25%
2.00%
8,296.88
2,655.00
Alcoholic Drinks with Meals
9,000.00.11.00%.
2.00%
990.00
180.00
Car Rentals
30,798.00110.00%1
3,079.80
Total Eligible Expenditures
$237,432.381 1
1
$16,299.11
$7,572.09
EligibleGenerated $16,299.11
f- All cars rented will likely be rented from the Austin Bergstrom International Airport Round Rock will not gain any sales
tax from these transactions, so Round Rocks applicable rate for this study is 0%.
3
GOVERNOR GREG ABBOTT
ECONOMIC DEVELOPMENT & TOURISM
AFFIDAVIT
for Economic Impact Documentation
Affidavit to be completed, including signed and notarized, by any and all partyfiesj 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: The 2019 NIRSA FIag Football Championships on these dates: lanurary 3-5, 2020 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.
1 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 OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * GOV.TExA5.GOV
04U-eja'--X
Affiant Signature
&W Te -din IGun a-� PvurJ 46
Title and Name of Organization
The State of Texas
County of _Mt � {aQ)%(\ ._
Printed Name
5 { CQ
Date
Before me, a Notary Public, on this day personally appeared 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 day of _ MON „__ , 20��
'z`Wl,, BLANCA GILL15 g�Am 11 ow
Notary Public, State of Texas
,,,,,,* Comm.N t ty Dr 13088238720 '
��.Nota ublic State of Texas
(PERSONALIZED SEAL)
Noma Gi ki _
(Print name of Notary Public here)
My commission expires the !S day of ( Ch 20-- 0
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TEXAS.GOV
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
I.00s endorsing an Event Trust Fund, Major Events Reimbursement Program or Motor Sports Racing Trust
Fund.
I,h 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 1, 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 1
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: NIRSA Flag Football
National Championships on these dates: January 3-5, 2020. 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 * 512-936-0100 * cov.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
&VP t-,
rNlL4
.=! Printed Name
Cck AMI-. 4;IInz-
Title and Name o Orga ization Date �
The State of Texas
County of (�i—� h
Before me, a Notary Public, on this day personally appearedf=S , 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 day of MA'—,20
G
• ; "pgy P&
.••
��s
OF!262��1....�pp,
(PERSONALIZED SEAL)
Nota y ublic, State of Texas
(Print name of Notary Public here)
My commission expires the 72— day of i 1' tA-1v?—A 20
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * cov.TEXAS.cov
HOST PARTNER AGREEMENT
THIS AGREEMENT (the "Agreement") is executed effective as of date of signing (the
"Effective Date") by and between NIRSA SERVICES CORPORATION, a wholIv owned
subsidiary of the National Intramural -Recreational tir ural -Recreational Sports Association an Oregon 50I fc? Q)
corporation with its principal place of business, 4185 SW Research Way. Corvallis, OR 97333-
1067, and the CITY OF ROUND ROCK, TEXAS ((lie "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 NIRSA NATIONAL FLAG
FOOTBALL CHAMPIONSHIPS (the "event") in Round Rock, Texas, on or about January
3, 2020 through January S, 2020, to be held at the Round Rock Multipurpose Complex
("Multipurpose Complex") owned and operated by the 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, NIRSA
SERVICES CORPORATION and City/Host agree as follows:
1! ' s Y
(a)
City/Host shall be designated as an "Official Host Partner" for the event.
(b) NIRSA SERVICES CORPORATION has the right to secure its own
sponsors or sponsorships for the event.
(c) City/Host acknowledges that NIRA SERVICES CORPORATION has
granted and/or may grant to other National Corporate Sponsors, National
Partners, or Licensees the use of NIRSA SERVICES CORPO N's
Marks (defined herein as NIRSA SERVICES CORPQRATION'S
trademarks, trade names, service marks and logos) in the promotion of
NIRSA SERVICES CORPORATION's goods or services. Said licensing
and merchandising relationships shall be on a local, regional, and national
basis.
(d) NIRSA SERVICES CORPORATION 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. NIRSA SERVICES CORPORATION 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 (lie other without
the prior express written consent of the other.
(a) NIRSA SERVICES CORPORATION shall have the right to receive and
retain, in accordance with conditions recited herein, all team entry fees
from the event.
GSI -20 -m*
(b) NIRSA SERVICES CORPORATION 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. NIRSA
SERVICES CORPORATION shall, upon the direction of City/Host,
include City and designated sponsors as additional insureds on such
insurance policy at no additional cost or charge to City/Host.
(c) NIRSA SERVICES CORPORATION, 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 NIRSA
SERVICES CORPORATION is in compliance with all terms of this Agreement,
City/Host shall pay to NIRSA SERVICES CORPORATION the following:
(a) Rights Fee of Eleven Thousand Seven Hundred Sixty -Two and No/100
Dollars (SI1.752.00). Such rights fee shall assist in covering NIRSA
SERVICES CORPORATION's event costs, specifically venue rental
costs as set forth herein. The rights fee of $11.762.00 shall be due and
payable by City/Host to NIRSA SERVICES CORPORATION upon
execution of this Agreement and shall be used by NIRSA SERVICES
CORPORATION as follows:
(i) Upon receipt of the rights fee from City/Host, NIRSA SERVICES
CORPORATION 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 NIRSA SERVICES
CORPORATION prior to the execution of this Agreement, the
rights fee shall be used toward the remaining costs of the venue
rental and tournament expenses.
(ii) In the event NIRSA SERVICES CORPORATION 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 and tournament expenses.
(iii) Within fifteen (IS) days of the execution date of this Agreement,
NIRSA SERVICES CORPORATION shall provide City/Host
(Attn: Nancy Yawn, Director of Round Rock CVB) verification that
the deposit for the venue has been paid. Verification that the venue
costs have been paid in full shall be provided to the City/Host (Attn:
Nancy Yawn, Director of Round Rock CVB) within three (3) days
of full payment of the venue rental.
(iv) Failure to provide verification to City/Host as required in subsection
(iii) above shall be considered a material breach of this Agreement
and City/Host shall at its sole discretion seek any and all remedies
available under Texas Law.
(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 applicablc laws, rules and regulations.
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 Jam
s. 2020.
S. B€f2res2Warranties
Each party hereto represents and warrants to the other party as follows:
(a) It has the full right and legal authority to enter into and fully perform this
Agreement in accordance with the terms and conditions hereof.
(b) This Agreement, when executed, will be its legal, valid and binding
obligation enforceable against it in accordance with the terms and
conditions hereof, except to the extent that enforcement hereof may be
limited by bankruptcy, insolvency or other similar laws affecting creditors'
rights generally.
(c) The execution, delivery and performance of this Agreement does not and
will not violate or cause a breach of any other agreements or obligations to
which it is a party or by which it is bound, and no approval or other action
by any governmental authority or agency, or any other individual or entity,
is required in connection herewith.
(d) Each of the foregoing representations, warranties and covenants shall be
true at all times during the term hereof.
!! tF ! r ! um...
MRSA SERVIC -S CORPORATION 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
3
this Agreement.
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 NIRSA SERVICES CORPORATION Mark or Cityll lost
Mark. Accordingly, in the event of any unauthorized use of any NIRSA SERVICE
CORPORATION Mark or City/Host Mark by the other party (or a party authorized
by such other party), each parry 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-JowlVenter; e
This Agreement does not constitute and shall not be constructed as constituting a
partnership, employer-employee, or joint venture between or among NIRSA
SERVICES CORPORATION or City/Host. NIRSA SERVICES CORPORATION
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. Assivnmenf
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. bilia
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: NIRSA SERVICESCORPORATION:
Pam Watts Executive Director
4185 SW Research Way
Corvallis. OR 97333-1057
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
orequitable 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/1-lost 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 NIRSA SERVICES CORPORATION and shall provide NIRSA
SERVICES -CORPORATION a reasonable amount of time to remedy lite
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 cause 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
NIRSA SERVICES CORPORATION prior to termination or cancellation.
In the event that City/Host has, as of the effective date of termination or
cancellation, paid NIRSA SERVICES CORPORATION more of the Rights
Fee than required by this section and this Agreement, then and in that event
NIRSA. SERVICES CORPORATION shall be obligated to promptly refund
the full difference to City/Host. In the event of a termination for
convenience and without case, the parties agree that NIRSA SERVICES
CORPORATION will retain the entire Rights Fees as damages.
It. Indemnification
To the extent allowed by law, City/Host hereby agree to hold harmless NIRSA
SERVICES CORPORATION, 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 NIRSA
SERVICES CORPORATION'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, NIRSA SERVICES CORPORATION hereby agrees
to hold harmless City/Host, and its affiliates and subsidiaries, and the agents,
representatives, officers, directors, employees and shareholders of (lie 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) NIRSA
SERVICES CORPORATION's intentional or negligent actions or omissions under
this Agreement, including but not limited to trademark infringements based upon
City/Host's use of NIRSA SERVICES CORPORATION's Marks as approved in
accordance with this Agreement, contests, sweepstakes or other activities
conducted by NIRSA SERVICES CORPORATION pursuant to this Agreement,
and any product demonstrations or products distributed by NIRSA SERVICES
CORPORATION pursuant to this Agreement and (ii) any breach of this Agreement
by NIRSA SERVICES CORPORATION.
Each party will promptly notify the other of any claim. The terms, provisions and
conditions of this Section I I shall survive the expiration or earlier termination of
this Agreement.
12. Entire Agreement
This Agreement constitutes the entire agreement between City/1-lost and NIRSA
SERVICES CORPORATION 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.
f.
13. 1Limitntion 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. Confiftntialky
15.
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.
This Agreement may be executed in counterparts and shall be deemed executed and
binding upon signature by both parties hereof.
16. Governing Law
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for same shall lie in Williamson County,
Texas. This Agreement shall be governed by and construed in accordance with the
laws and court decisions of the State of Texas.
17. Severability
Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be invalid or enforceable under applicable law, such provision
shall be ineffective to the extent of such unenforceability or in invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Agreement. All obligations and rights or the parties expressed herein shall be in
addition to, and not in limitation of, prose provided by applicable law.
18. No lyniver
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•Nnless it is in writing
and duly executed by the party charged with it.
19. HeadintrA
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. Survive
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.
26. Fgrce MFdeur„e
No party hereto will be responsible for the performance of any of its obligations
hereunder if prevented, delayed or hindered by war, riots insurrection, embargoes,
strikes, concealed acts of workmen, casualty, accidents, acts of terror, or any other
occurrence beyond such party's control, excluding weather.
[Signatures on the following page.]
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates..
NIRSA SERVICES CORPORATION CITY OF OUND ROCK,
By:
Name: IHS Name: M
Title: Title: A'M�
Date:
Date: —L
For City, Attest: