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CM-2019-0167 - 6/7/2019City of Round Rock ROUND ROCK Ti X -A,; Agenda Item Summary Agenda Number: Title: Consider authorizing an Events Trust Fund Application in association with the 2019 NIRSA National Soccer Championships at the Round Rock Multipurpose Complex. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/7/2019 Dept Director: Chad McKenzie - Director of SM&T Cost: $0.00 Indexes: Hotel Occupancy Tax Fund Attachments: ETF - 2019 NIRSA Soccer (not signed), City Manager Endorsing Verbiage - 2019 NIRSA Soccer, CMAF Event Trust Fund Application Department: Sports Management and Tourism Text of Legislative File CM -2019-0167 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 National Soccer Championships event on November 21-23, 2019, Cost: NIA Source of Funds: HOT Funds City o! Round Rack Page 9 •'• Printed on BM019 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 National Soccer Championships DATE(S) OF EVENT: November 21-23, 2019 EVENT LOCATION (CITY): Round Rock DATE APPLICATION SUBMITTED: Effective March 20, 2018 OM -2 D1q- bl0-7 Events Trust Fund Application Event Trust Fund (ETF), Major Events Reimbursement Program WERP) or Motor Sports Racing Trust Fund WSW) Please review the Events Trust Fund Guidelines document and applicable statutes and rules before submitting this application. Links can be found at https:ZLgov.texas.gov/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 events nd ov.texas. gov. Name of Endorsing Municipality or County: I City of Round Rock Municipality or County Contact Name: I Chad McKenzie Contact Title: I director, Sports Management and Tourism Contact Email: I cmckenzie@roundrocktexas.gov Contact Phone Number: (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 ❑ SI=C' -CIO\ 2: LOCM. ORGANIZING COMINIFITEI 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: 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: $65,648.95 State Share: $56,593.92 Local Share: $9,055.03 *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: NIRSA National Soccer Championships Event Fund/Program being applied for: (ETF, MERP, MSRTF) ETF Venue(s) of Event: Round Rock Multipurpose Complex play.nirsa.net/soccer/national-championship Nov. 21-23, 2019 Nov. 20, 2019 Nov. 23, 2019 1. Foley Sport Tourism Complex, Floey, Alabama Event Website: Date(s) of the Primary Event: Day set-up/load-in for the event will begin: Day strike/load-out of the event will end: 2. Reach 11 Sport Complex, Phoenix, AZ Location of Event for the Previous 5 Years: (List most recent year first) 3. Foley Sport Tourism Complex, Foley, Alabama 4. Reach 11 Sport Complex, Phoenix, AZ 5. Mike Rose Soccer Complex, Memphis, TN Source of Information for Previous Events: Valerie McCutchan Other locations outside of Texas considered to host the event: Phoenix, AZ; Foley, AL; Tampa, FL 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: 2,600 Anticipated Out of State Attendance at Primary Event: 2,370 Desired Market Area (Area that is affected by the economic impact of the event): Round Rock, Texas Will there be a host fee, sanction fee, participation fee, bid fee or other similar expense for the event? Yes If yes, what is the total amount of the above referenced fee(s)?* $35,000 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 Participant raster and zip codes at the gate method, subject to approval, that will be used: EDT must receive the following documents (except the Event Support Contract) by the application deadline before it can issue an estimate of incremental taxes. EDT is statutorily required to make a determination within 30 days after receiving a complete application. If an application is incomplete, it will not be processed until all required information is submitted. Early submission is encouraged. ❑ Events Trust Fund Application completed and signed by someone the applying entity has determined is eligible to bind the applying entity. ❑ Endorsement Documentation from the endorsing municipality or endorsing county requesting participation in the trust fund program and signed by a person authorized to bind the municipality or county. The documentation should clearly indicate the municipality or county's endorsement of the event and the name of the LOC, if applicable. The information in the document should coincide with the Selection Letter. ❑ Selection Letter A signed letter from the Site Selection Organization selecting the site in Texas that clearly indicates and describes a highly competitive selection process by which site selection occurred, and that the selection was based on an application by the endorsing municipality, county or LOC. This selection letter must clearly indicate the selected LOC, the selected municipality or county, and the event date. The event date indicated in the letter must match the requested event date. ❑ Economic Impact Study or other data sufficient for EDT to make the determination of the estimated incremental increase in tax revenue directly attributable to the preparation or presentation of the event, including data for any related activities. The Study should contain detailed information on the direct expenditures for the event in the requested market area relating to the economic activity of attendees and other persons associated with the event. The study may also include information on event expenditures if available. For MERP's only, secondary impacts must be included, and stated separately from the direct impact in order for these impacts to be considered in development of the EDT estimate. ❑ Affidavit for Economic impact signed by the person(s) who prepared the Study for the application. ❑ Affidavit of Endorsing Entity signed by each endorsing municipality, county and/or LOC. ❑ Event Support Contract is a contract by and between a Site Selection Organization and a local organizing committee, an endorsing municipality, or an endorsing county setting out the representations and assurances of the parties with respect to the selection of a site in this state for the location of an event, and the requirements and costs necessary for the preparation or presentation of an event. Due before the first day of the event, early submission will provide EDT with the opportunity to review the contract and address any issues prior to the event. Note: Disclosure of Information under the Public Information Act. All documents submitted to the Office of the Governor (OOG) may be subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), including, but not limited to, the application, event support contract, economic impact analysis, and all disbursement documentation submitted after the event, whether created or produced by the applicant or by any third- party. If it is necessary to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the information confidential. Any information that is not clearly identified as proprietary or confidential will be released in accordance with the Act. I, the authorized representative of the applicant, certify that the representations made, the facts stated in this application and all supplemental documents are true and correct, and that no relevant facts have been intentionally omitted, as evidenced by my signature below. I hereby agree, on behalf of the applicant, to comply with the reporting requirements and will provide other documentation as requested. Signature Name (Printed) Title r -7, _ _- Date YN,V Leadersin GoRegiate Recreation May 21, 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 Soccer Championships Dear Nancy, NIRSA Headquarters 4185 SW Research Way Corvallis. OR 97333-1067 TEL S41-766-8211 FAX S41-766-8284 nirsa®nirsa.org www.nirsa.org NIRSA is pleased to award the 2019 NIRSA National Soccer Championships to the City of Round Rock, Texas. Round Rock was selected from a host of impressive United States cities. These championships are held once a year and is the NIRSA Championship Series premier event for collegiate sport club soccer athletes. We know that all our attendees will enjoy your marvelous 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 June 7, 2019 CK TEXAS ATMENT Office of the Governor Governor Greg Abbott Economic Development and Tourism P.O. Box 12428 Austin, TX 78711-2428 Mayor Councllmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker Mayor Pro Tem Will Peckham City Attorney Writ Baese Hilda Montgomery Stephan L. Sheets Honorable Governor Abbott, The City of Round Rock is in full support of hosting 2019 NIRSA National Soccer Championship scheduled for November 21-23, 2019 to be held at the Round Rock Multipurpose Complex. The City of Round Rock respectfully request 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, Brooks Sennett Assistant City Manager CITY OF ROUNI] ROCK 221 East Main Street, Round Rock, Texas 78664 [P] 512.218.5401 - [F] 512.218.7097 • roundrocktexas.gov 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. The 2019 NIRSA Soccer National Championships on these dates: November 21-23, 2019 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. DOST OFFICE BOX 12428 AUSTIN, TExAs 78711 * 512-436-0100 * cov.TEXA5.GOV Affiant Signature TuJin`k clan lit ice` I&WIJ oc- L Title and Name of Organization The State of Texas County of All 11("Ianoyl pmdrca S"q(& Printed Name I 13-1 b 4r q Date Before me, a Notary Public, on this day personally appeared Wf& 5-Q11 , 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 , 20�� BLANCA GILLIS =Notary Public, State of Texas Mama 6� spa:Z Comm. Expires 03-15-2020 Notary Pu Ic, State of Texas uuuu �'%icO1r Notary ID 130582387 + (PERSONALIZED SEAL) [Coy OL & � U, S (Print name of Notary Public here) My commission expires the 15 day of ---, 20 20 PosT OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TEXAS.GOv The 2019 NIRSA Soccer National Championships Economic Impact Study Prepared by the City of mound Rock :K TEXAS The Event The 2019 NIRSA Soccer National Championships will be held November 21-23, 2019 at the Round Rock Multipurpose Complex in Round Rock, Texas. The NIRSA Soccer National Championships consists of 24 men's and 24 women's collegiate teams from around the country. The NIRSA Championship series believes good sportsmanship is an integral component of intercollegiate completion. The City of Round Rock won the bid to host the 2019 NIRSA Soccer National Championships after a highly competitive bid process with other cities across the country. This will be the first time that Round Rock will host this event. Figures 19 2 - Round Rock Multipurpose Complex Assumptions Assumed Total Number of Attendees The 2019 NIRSA Soccer National Championships is projected to bring in a total of 2,500 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 Soccer National Championships application, supplied by Round Rock's Conventions and Visitors Bureau (CVB). The breakdown of out-of-state, and out -of -area Texan attendees was provided to Round Rock's CVB by the NIRSA Soccer and used to project the percentage and total number of attendees for the event. Out -of -State 93% 2,325 Out -of -Area Texans 5% 125 Local Area People 2% 50 Total 100% 2,500 Other Assumptions In this study, local area spectators are not assumed to generate any new economic activity related to attending the event. These residents would likely shop in local stores and eat in local restaurants independent of the draw of the event. For this reason, they are not shown as generating any economic impact in the tables below. It is also assumed that all out-of-town and out -of -area Texan attendees will stay in Round Rock for 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 2,500_ Since car rentals would likely be shared by members of the same group, this number of out-of-state attendees is divided by the CVB's standard guests per participant multiplier of 2.5 to estimate 930 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 November 21-23 have been averaged for the nine rental car companies located at the Austin -Bergstrom International Airport. This average is $64.09 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. Note: Room nights are divided by average people per room Projected Food/Dining and Alcoholic Drinks with Meals Expenditures To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a conservative projection based on surveys of prior local events, The $70 was divided between dining, drinking, and shopping based on the following methodology. 2 0141F 4_1 Ts -.. Out -of -State 01 2,325 .. 3 4 1744 87.35 152,316.56 Out -of -Area Texans 1 125 1 3 4 94 87.351 8,189.06 Local Area People 50 Not ted to geneirate additional economic actin Total 2,500 1 1 1,838 1 1 $160,505.63 Note: Room nights are divided by average people per room Projected Food/Dining and Alcoholic Drinks with Meals Expenditures To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a conservative projection based on surveys of prior local events, The $70 was divided between dining, drinking, and shopping based on the following methodology. 2 The federal General Services Administration per diem rate for food while traveling for the Austin -Round Rock metropolitan area is $59 per day. This study estimates spending on alcoholic drinks with meals to be $4 per day. This amount is lower than many other events but because this event is for college students, most of them will not be of legal age to purchase alcoholic drinks in restaurants. Projected Other Shopping Expenditures Round Rock has a variety of shopping centers in the vicinity of the Round Rock Sports Center and the event hotels. Based on the spending estimate per person of $70 per day from above, after dining and alcoholic drinks with meals, it is estimated that the average spending on other shopping is $7 per day per person. Attendee ff MOLL oodlMeals� Alcoholic Total $rF- Mon 125 ludingdrinks)' Drinks with Alcoholicr_enees.,,oft9da, 50 1 Not proJected to genemte additional economic acthr Npending Per Total $N � Meals _ Drinks 2,500 1 1 1 $51,450.00 9,630.34 Food/Meals Food/Wall(excluding drinks 433,650.00 6.25% 2.00% 27,103.13 8,673.00 Alcoholic Drinks with Meals 29,400.00 11.00% 2.00% 3,234.00 588.00 Car Rentals 134,108-33110.00%. 13,410.83 Total Eligible Expenditures $809,113.95 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. Attendee ff MOLL / / / I • / / / / / • / . x 3 7.00 48,825.00 Out -of -State 2,325 Out -of -Area Texans 125 3 7.00 2,625.00 Local Area People 50 1 Not proJected to genemte additional economic acthr Total 2,500 1 1 1 $51,450.00 Projected Eligible Taxes from Direct Expenditures The table below displays the projected direct expenditures and eligible sales taxes generated from the 2019 NIRSA Soccer National Championships between November 21-23. The total projected direct expenditures resulting from the event is $809,113.95 The estimated sales tax generation is $56,593.92 in eligible state taxes and $24,735.51 in eligible local taxes. 41, ff MOLL Shopping 51,450.00 6.25%2.00% 3,215.63 1,029.00 Hotels/Motels 160,505.63 6.00% 9.00% 9,630.34 14,445.51 Food/Wall(excluding drinks 433,650.00 6.25% 2.00% 27,103.13 8,673.00 Alcoholic Drinks with Meals 29,400.00 11.00% 2.00% 3,234.00 588.00 Car Rentals 134,108-33110.00%. 13,410.83 Total Eligible Expenditures $809,113.95 $56,593.921 $24,735.51 B 9- All cars rented will likely be rented from the Austin Bergstrom International Airport Round Rock will not gain any sales tax from these transactions, so Round Rock's applicable rate for this study is 0%. 3 Nancy Yawn From: Stephanie Sandre <ssandre@scrrlaw.com> Sent: Wednesday, May 8, 2019 1:59 PM To: Nancy Yawn Subject: Letter for NIRSA National Soccer 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 Soccer Championships from November 21, 2019 through November 23, 2019 (the "Event") meets the requirements of Section 5190.14. • The City of Round Rock is a municipality. • A site selection organization selected a site in the City of Round Rock in Texas to host the Event through a highly competitive selection process after considering one (1) or more locations outside of Texas. • The site selected is the sole site for the Event. The Event will not be held more than one (1) time in any year. Please let me know if there is anything else that you need. Thank you, Stephanie L. Sandre Attorney Sheets & Crossfield, P.L.L.C. 309 East Main Street Round Rock, TX 78664 Phone: (512) 738-8728 Fax: (S12) 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, &00k} ; 4ntnt tTan authorized representative of The City of Round Rock, a [Local Organizing Committee (nonprofit corporation), endorsing municipality or endorsing county] (circle one) ("Requestor") that is receiving funding through the Event Trust Fund, Major Events Reimbursement Program or Motor Sports Racing Trust Fund ("the Act"), hereby swear and affirm that, to the best of my knowledge, the Requestor has designed and implemented internal controls, processes and procedures to help the Requestor ensure that the Requestor and its use of these funds complies with all applicable laws, rules, and written guidance from the Economic Development and Tourism Office. I further swear and affirm that I, or my duly authorized employee, representative, or agent, have reviewed the information, and that all of the statements made and information provided therein, including statements made and information provided in any attachments are true, complete, and correct to the best of my knowledge. All other information submitted as part of this request for participation is being represented by me as true and correct, and I am unaware of any information contained therein that is false, misleading, or fraudulent. Information provided includes but is not limited to: (1) A letter from the municipality or county requesting participation in the Events Trust Fund program and signed by a person authorized to bind the municipality or county; (2) A letter from the site selection organization on organization letterhead selecting the site in Texas; (3) An economic impact study or other data sufficient for the Economic Development and Tourism Office to make the determination of the incremental increase in tax revenue associated with hosting the event in Texas, including a listing of any data for any related activities; (4) An application for an Events Trust Fund program and any attachments; and (5) An Event Support Contract I understand that I am receiving funding under the Act for the purposes of facilitating this event: NIRSA National Soccer Championships on these dates: November 21-23 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 * 512-936-0100 * cov.TE%As.cov I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. I understand my obligation to provide information about event expectations, performance, and expenses that are true and accurate to the best of my knowledge and ability. I also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of funds received under the Act to the Texas State Auditor's Office at 1-800-892-8348. 1 hereby swear an4 affirm that I have read the entire affidavit, and I understand its contents. Affiant Signature er6WYr n Printed Name G�J 7-/!7 Title and Name of Org ization Date The State of Texas Countyof LMrAMScr7 Before me, a Notary Public, on this day personally appeared �rt>t*-.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. t 4 r Given under my hand and seal of office this day of '20 - `w .6N1QOEgD. ' otary Public, State of Texas .: pRY AVB��� • (PERSONALIZED SEAL) s a' z ••. '126Z5Yg\� •' IV i t �,�, `0 (Prname of Notary Public here) 11161111111101 j%%N My commission expires the �day of POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * rov.TExAS.GOV HOST PARTNER AGREEMENT THIS AGREEMENT (the "Agreement") is executed effective as of date of signing (the "Effective ©ate") by and between NIRSA SERVICES CORPORATION. a wholly owned subsidiary of the National Intramural -Recreational Sports Association an Oregon 501 (c) (3) comoration with its principal place of business . 4185 SW Research WaL Corvallis. OR 97333- 14¢7 and the CITY OF ROUND ROCK, TEXAS (the "City/Host"), a Texas home -rule municipality having offices at 221 East Main Street, Round Rock, Texas 78664, regarding City/Host's desire to become an "Official Host Partner" of the NIRSA NATIONAL SOCCER CHAMPIONSHIPS (the "event") in Round Rock, Texas, on or about November 21, 2019 through November 23, 2019, to be held at the Round Rock Multipuu pose 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: (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 NIRAA§ERVICES CORPORATION has granted and/or may grant to other National Corporate Sponsors, National Partners, or Licensees the use of NIRSA SERVICES CORPORATION's Marks (defined herein as NIRSA SERVICES CORPORATION'S trademarks, trade names, service marks and Iogos) 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 the other without the prior express written consent of the other. {a) NIRSA SERVICES !PORATION shall have the right to receive and retain, in accordance with conditions recited herein, all team entry fees from the event d1 -20(61-a(17 (b) T11RSA 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 SERVICUORATI N at its own expense, shall have the sole responsibility for establishing, organizing, and operating the event. 3. Etes&ad 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 Thirty -Rive Thousand and No/100 Dollars (535.000.00). 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 $35.000.00 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 AOR ORAT10�1 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 SERVIICES-CORPOpays 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 (15) 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 CV8) within three (3) days of full payment of the venue rental. 2 (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) Qlhet Costs City/Host shall be responsible for the costs associated with the premiums or other expenses related to City/Host's on-site promotions. City/Host shall also be responsible for costs associated with the production of City/Host's own promotional materials to be distributed on-site. City/Host shall endeavor to ensure that all City/Host advertising and promotion complies with all applicable laws, rules and regulations. 4. Isrms 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 November 23. 2019 S. Rellreseg(g,tions and Warrantles 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. 0-1, , .: a MY 1,71 MWTI NIRSA SERVICES 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 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 parry 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 City/Host Mark. Accordingly, in the event of any unauthorized use of any NIRSA SERVICES CORPORATION Mark or City/Host Mark by the other parry (or a party authorized by such other party), each party shall, in addition to any other contractual, legal and equitable rights and remedies as may be available to it, have, during the term hereof and after the termination or expiration of this Agreement, the right to take such reasonable steps as are necessary to prevent any further unauthorized use of any such event Mark or City/Host Mark, without being required to prove damages or furnish a bond or other security, including petitioning a court of competent jurisdiction for a temporary restraining order, a preliminary or permanent injunction, and/or a decree for specific performance. HIIIIIIIIIIIIIIII► 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 SERV[ORATION 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. & gip( 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. JEWTIM 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: Pam Watts-Execive DiMgor- 41855WgMarch Way Corvallis. OR 97333-1067 4 To City/Host: Laurie Hadley City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Each party shall have the obligation to notify the other of any change in address for these notice purposes. 10. Termination and Cancellation (a) If the other party materially defaults in the performance of this Agreement, and if such default is not cured within thirty (30) days following written notice of such default to the defaulting party, then and in that event either party hereto may terminate this Agreement without prejudice to any legal or equitable rights to which such terminating party may be entitled, and such termination shall be effective upon delivering notice to the other party of such termination. (b) City/Host may terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon ninety (90) days' written notice to the other party. Prior to proceeding with a termination for cause, City/Host agree to use all reasonable efforts to resolve any and all issues with NIRSA SERVICES CORPORATION and shall provide NIRSA SERVICES CORPORATION a reasonable amount of time to remedy the issues to avoid a termination for cause. (c) Termination of this Agreement fot 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. l t. IndernWfimfign To the extent allowed by law, City/Host hereby agree to hold harmless NIRSA SERVICE$, 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/Hast'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 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) 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 SERVICFATON' 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 MA -SERVICES CORPORATION pursuant to this Agreement and (ii) any breach of this Agreement by NIRA SERVIrES CORPORATION. Each party will promptly notify the other of any claim. The terms, provisions and conditions of this Section 1 l shall survive the expiration or earlier termination of this Agreement. 12. Entire Agreement This Agreement constitutes the entire agreement between City/Host 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. 6 13. LiWitatigin-ofLigbility 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. IrEwti- I M,Tif'4{ir?] 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 parry has reasonably designated as confidential except for disclosures to the parties' respective employees, agents, or representatives to the extent necessary to implement this Agreement, and except where a proposed disclosure of any specific terms or conditions hereof is authorized in advance in writing by the parties, and except for disclosures required in the course of legal proceedings arising out of this Agreement, in addition to any other remedies available. injunctive relief shall be available to any aggrieved party. This foregoing shall not apply to any information that becomes generally known through no fault of the parties bound hereunder. 15. Execution This Agreement may be executed in counterparts and shall be deemed executed and binding upon signature by both parties hereof. lb. rxoverniny 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 underapplicable law, such provision shall be ineffective to the extent of such unenforceability or in invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. All obligations and rights or the parties expressed herein shall be in addition to, and not in limitation of, those provided by applicable law. 7 18. No Waiver No failure or delay on the part of any of the parties in the exercise of any right, power, or remedy under this Agreement shall operate as a waiver by such party thereof, nor shall exercise by any of the parties of any right, power or remedy preclude other or further exercise thereof by such party or such party's exercise of any other right, power or remedy. No waiver or modification of this Agreement or of any provision herein, including this section, shall be valid unless it is in writing and duty executed by the party charged with it. 19. Headings The headings contained in this Agreement are for convenience only and shall not be construed as an interpretation of any of the language contained herein. 20. Survivgj All rights and obligations that accrue pursuant hereto prior to the expiration or termination of this Agreement, as the case may be, and the representations and warranties made in and the indemnifications provided pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement. 21. Force Maieure No party hereto will be responsible for the performance of any of its obligations hereunder 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 IVH"NESS WIIl-IM017. the rartic hereby execute this Agreement on the indicated dates. N112SA SERVICES CORPORATION By: Namc: md& M � itic: �L Y{xr#r Date:gi CITY OF ROUND ROCK, TEXAS Natiie; "Cilie;/+-�e,#-- Date' rnate For City, Attest: 13) . � • v tkkt— Sara I White. City Clerk SUPPLEMENTAL AGREEMENT NO. 1 TO "HOST PARTNER AGREEMENT" CITY OF ROUND ROCK § STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS SUPPLEMENTAL AGREEMENT NO. l to "Host Partner Agreement" is made by and between the City of Round Rock, Texas, a home -rule municipality, hereinafter called the "City/Host" and NIRSA Services Corporation for the NIRSA National Soccer Championships, hereinafter called the "Event". WHEREAS, the City/Host and NIRSA Services Corporation previously executed the referenced "Host Partner Agreement" for the Event, hereinafter called the "Agreement;" and WHEREAS, the City/Host desires to amend the City/Host's financial responsibilities as set forth herein; NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City/Host and NIRSA Services Corporation agree that said Agreement is amended and supplemented as follows: 1. Section 3.0(b) of the Agreement is hereby amended to read as follows: 3. Fees and Costs (b) Other Costs (i) City/Host shall be responsible for the costs associated with the premiums or other expenses related to the City!Host's on-site promotions. City/Host shall also be responsible for costs associated with the production of City/Host's own promotional materials to be distributed on-site. City/Host shall endeavor to ensure that all City/Host advertising and promotion complies with all applicable laws, rules and regulations. (ii) In addition, City/Host is required to and will be responsible for purchasing thirty-two (32) two-way radios for the Event. 004241021ss2 II. This Supplemental Agreement No. 1 shall amend the original Agreement only as set Forth herein with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City Host and NIRSA Services Corporation have executed this Supplemental Agreement to be effective as of the fast date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: ATTEST: By: %au'-d4k- Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: By: "I <L Stephan L. Sheets, City Attorney NIRSA SERVICES CORPORATION By: Printed Name Title: Date Signed: