CM-2019-0275 - 9/13/2019EVENTS TRUST FUND
Application
Office of the Governor
Economic Development and Tourism (EDT)
APPLICANT NAME: City of Round Rock
APPLICANT MAILING ADDRESS: 221 E. Main Street, Round Rock, Texas 78664
EVENT NAME: 2020 College Table Tennis National Championships
DATE(S) OF EVENT: April 3 - 5, 2020
EVENT LOCATION (CITY): Round Rock
DATE APPLICATION SUBMITTED:
Effective March 20, 2018
Events Trust Fund Application
Event Trust Fund ETF Ma"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 https://gov,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 and ov.texas. ov.
Name of Endorsing Municipality or County: I City of Round Rock
r Municipality or County Contact Name: 1 Chad McKenzie
Contact Title: Director
Contact Email: cmckenzie@roundrocktexas.gov
d Contact Phone Number: 512-219-5488
1. Has the endorsing municipality or county reviewed the event and found that it meets all eligibility requirements
as listed in Vernon's Texas Revised Civil Statutes (VTCS) Section 5190.14?
Yes ® No ❑
2. Has the endorsing municipality or county determined that it will contribute local funding ("local match") to the
Event Trust Fund, if established?
Yes ® No ❑
1. Has the municipality or county authorized a non ro rt Local Organizing Committee (LOC) to enter into an
agreement with the Site Selection Organization to host the event on behalf of the municipality or county?
Yes ❑ No
2. If Question 1 is selected as "No," the municipality or county must directly enter into an Event Hosting Agreement
with the Site Selection Organization.
If "Yes," provide the following information for the LOC:
Is the LOC designated in the official request letter submitted with the application?
Yes ❑ No ❑
Full Name of Site Selection Organization: National Collegiate Table Tennis Association
Site Selection Contact Name: Willy Leparulo
Site Selection Contact Title: Events Director/President
Site Selection Contact Email: willy.leparulo@nctta.org
Contact Phone Number: 850-4450780
*EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event.
*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
Estimated Direct Impact Total:
Estimated Secondary Impact Total:
*Direct Impact + Secondary Impact = State Share.
Official Event Name: 2020 iSET College Table Tennis Championships
Event Fund/Program being applied for: ETF
(ETF, MERP, MSRTF)
Venue(s) of Event. Round Rock Sports tenter
Event Website: champs.nctta.org
Date(s) of the Primary Event: April 3 - 5, 2020
Day set-up/load-in for the event will begin:
Day strike/load-out of the event will end:
Location of Event for the Previous 5 Years:
(List most recent year first)
Source of Information for Previous Events:
Other locations outside of Texas considered to host
the event:
Was the site selected as a part of a multi-year
agreement? If yes, what years (past and future)?
Anticipated Total Attendance at Primary Event:
Anticipated Out of State Attendance
at Primary Event:
Desired Market Area (Area that is affected by the
_ economic impact of the event):
Will there be a host fee, sanction fee, participation
fee, bid fee or other similar expense for the event?
If yes, what is the total amount of the above
referenced fee(s)?*
Additional Information:
April 1st and 2nd
April 5th
1. 2019 - Greensboro, NC
2. 2018 Round Rock, TX
3. 2017 Eauclaire, WI
4. 2016 Round Rock, TX
5. 2015 • Eauclaire, WI
Willy Leparulo
Eauclaire, WI; Tampa, FL; San Francisco, CA
No
450
80%
Round Rock
Yes
$ 20,000.00
*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 i
Participant list and zipcodes at door
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 underthe 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
Date
Nancy Yawn
From: Stephanie Sandre <ssandre@scrrlaw.com>
Sent: Wednesday, August 21, 2019 3:19 PM
To: Nancy Yawn
Subject: Events Trust Fund Letter - NCTTA 2020
External Email - Please verify sender authenticity
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 NCTTA Championships to be held in April of 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, PLLC
309 East Main Street
Round Rock, TX 78664
Phone: (512) 738-8728
Fax: (512) 255-8986
,.r�,fizir1JeP�s(rrI,1y%.cnIu
ROUND ROCK TEXAS
ADMINISTRATION DEPARTMENT
September 12, 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 -Tem
Writ Baese
Councllmernbers
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 2020 College Table Tennis National Championships
scheduled for April 3 - 5, 2020 to be held at the Round Rock Sports Center.
The City of Round Rock respectfully requests participation in the Texas Events trust Fund Program for
this event.
If you have any questions, please feel free to contact me at 512-218-5401.
Sincerely,
Brooks Bennett
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
COLLEGIATE
LENN�
To: Round Rock CVB
From: NCTTA Championship Committee
August 23, 2019
We are excited to have Round Rock CVB host once again the 2020 ISET College Table Tennis
Championships. Round Rock CVB presented the most competitive bid and beat out several cities from
several states from around the nation including: California, Florida and Wisconsin!
NCTTA and Round Rock CVB worked to host the 2016 and 2018 Championships with incredible success
and look forward to replicating the event in 2020. Nancy Yawn and Chad McKenzie and the Round Rock
CVB family have made us feel at home and we are truly lucky to be once again in the Sports Capital of
Texas.
The Round Rock Sports Center remains one of the state of the art facilities to host tournaments of this
nature. The site remains a short walk to hotels for players, coaches, fans and volunteers as well as
offering an array of eating establishments (also within walking distance).
We are excited to plan for the 2020 Championship eventl
Sincerely,
i'ii to ' ' 7
,7
Willy Leparulo
President of the National Collegiate Table Tennis Association (NCTTA)
2020 College Table Tennis National
Championships
LCU,iO'l-1I( wipaci 6tud;
Prepared by the City of Round Rock
X TEXAS
The Event
The 2020 College Table Tennis National Championships will be held April 3-5 at the Round Rock Sports
Center in Round Rock, TX. The event will feature over 250 premiere table tennis players from the United
States, Canada, and Puerto Rico, representing over 40 colleges and universities, These participants will
compete over three (3) days for national titles in men's and women's singles and doubles events,
Paralympic (disabled) singles, men'slcoed team, and women's team events.
The City of Round Rock won the bid to host the 2020 College Table Tennis National Championship after a
highly competitive bid process with other cities across the country. Round Rock has hosted the event twice
before, in 2016 and 2018.
Figure 1- Round Rock Sports Center
Assumptions
Assumed Total Number of Attendees
The 2020 College Table Tennis National Championship is projected to bring in a total of 400 attendees,
which includes participants, out-of-state, out -of -area Texans, and local attendees, over a course of 3 days,
Attendee projections were based on the 2020 College Table Tennis 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 NCTTA 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 the
entire 3 days and 4 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 360. 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 144 households. Some out-of-state attendees may drive their
own vehicle or use various ride sharing options. This study estimates that 75% of households will rent a car
for this event. Rental rates for a standard size car for April 3-5 have been averaged for the ten rental car
companies located at the Austin -Bergstrom International Airport. This average is $47.20 per day.
Out -of -State 1 360 1 144 1 75% 1 108 1 3
Out -of -Area Texans 68 Not likely to rent cars for the event
Local Area People 22 Not 091Y to rent cars for the event
Projected Hotel/Motels Expenditures
The average nightly hotel rate of $94.68 was obtained from a Source Strategies publication purchased by
the City of Round Rock and has been used to estimate hotel spending for the event Since teams are
travelling together from their colleges and universities, this study assumes a conservative estimate of four
people per room. The total number of room nights is calculated by taking the number of attendees and
multiplying it by the number of nights they are staying overnight in a hotel, then dividing by four people per
room.
`out -of -State 360 4 4 360 94.681 34,084.80
Out -of -Area Texans 68 4 4 68 94.681 6,438.24
Local Area People 22 Not RMLw ted to generate additional economic actfv'
Total 450 1 1 428 $40,523.04
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.
Projected Eligible Taxes from Direct Expenditures
The table below displays the projected direct expenditures and eligible sales taxes generated from the 2020
Table Tennis National Championships between April 3-5. The total projected direct expenditures resulting
from the event is $145,695.84. The estimated sales tax generation is $9,822.12 in eligible state taxes and
$5,444.67 in eligible local taxes.
r- 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 tier 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 party(les) providing
economic data to support an application for an Event Trust Fund, Major Events Reimbursement
Program or Motor Sports Racing Trust Fund.
(,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: 2020 College Table Tennis National Championships on these dates: April 3-5 and that the information
will be provided by the City, County or Local Organizing Committee as a government document.
I understand that it is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry in, or
false alteration of, a governmental record, or to make, present, or use a governmental record with knowledge of its
falsity, when the actor has the intent to harm or defraud another.
I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with
intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is required or authorized by law to be made under
oath.
I understand my obligation to provide information about event expectations, performance, and expenses that are true
and accurate to the best of my knowledge and ability. I also understand my obligation to immediately report any
known or suspected waste, fraud, and abuse of funds received under the Act to the Texas State Auditor's Office at
1-800-892-8348.1 hereby swear and affirm that I have read the entire affidavit, and I understand its contents.
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-436-0100 * Gov.TEXAS.GOV
Affiant Signa turt Printed Name
"9tkdPmcd is4-�'_� itis c� kwj 12ocy----
Title and Name of Organization Date
The State of Texas
County ofMI I 6iW]
Before me a NotaryPublic: on this da �l '
y personally appeared_ �P.UI _ IL , 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 �6 day of '20
a& -W. � A '- - U'% -�
NotUy Public, State of Texas
001V11yBLANCA GILLIS
r:°� '� sNotary Public. State of Texas
r,.* o= Comm Expires 03.15-2020 (PERSONALIZED SEAL)
1111111 Nolary ID 130582387
Van Cir 1 [ r s
(Print name of Notary Public here)
My commission expires the day ofN l./I'' 20
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TEXAS.Gov
o
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, _ an authorized representative of 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_ on these
dates: . I understand that non-compliance with reporting requirements could be treated as a violation of the
statute and/or program rules resulting in the possible withholding 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 * 512-936-0I00 * GOV.TExASXOV
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
T�v
Printed Name
Cat, 46 f�&A�
Title and Name 9 Organization Date
The State of Texas
County of —AAUI—U��
Before me, a Notary Public, on this day personally appeared r,06 41 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 Z11 '20
, %aUE AD,% 1v
pua
CO S
'•� j Tf
OF
E
19
(PERSONALIZED SEAL)
N ary Public, State of Texas
�k
(Print name of Notary Public here)
My commission expires theday of_A14W---,20
—d—
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TExAS.GOV
HOST PARTNER AGREEMENT
THIS AGREEMENT (the "Agreement") is executed effective as of date of signing (the
"Effective Date") by and between NATIONAL COLLEGIATE TABLE TENNIS
ASSOCIATION (NCTTA), having offices at 154 Mill Run Lane, Saint Peters, Missouri 63376,
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 2020 COLLEGE TABLE TENNIS NATIONAL
CHAMPIONSHIPS (the "event") in Round Rock, Texas, on or about April 3 through April 5,
2020, to be held at the Round Rock Sports Center ("Sports Center") owned and operated by the
City/Host and located at 2400 Chisholm Trail Drive, Round Rock, Texas 78681.
NOW, THEREFORE, in consideration of the premises herein set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NCTTA
and City/Host agree as follows:
1. Designation and Rights as Official Host Partner
(a) City/Host shall be designated as an "Official Host Partner" for the event.
(b) NCTTA and City/Host acknowledges that City has one exclusive sponsor
at the Sports Center, Orthopedic Medicine and NCTTA has the right to
secure its own sponsors or sponsorships for the event with the exception of
any sponsors in the field of orthopedics.
(c) City/Host acknowledges that NCTTA has granted and/or may grant to other
National Corporate Sponsors, National Partners, or Licensees the use of the
NCTTA's Marks (defined herein as NCTTA's trademarks, trade names,
service marks and logos) in the promotion of NCTTA's goods or services.
Said licensing and merchandising relationships shall be on a local, regional,
and national basis.
(d) NCTTA 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. NCTTA and City/Host
shall not apply for and shall not obtain any state or federal service mark or
trademark registration or any foreign service mark or trademark that
incorporates or uses the trademark, trade name, service mark or logo of the
other without the prior express written consent of the other.
2. NCTTA's Rights and Resnonsibilities
(a) NCTTA shall have the right to receive and retain, in accordance with
conditions recited herein, all team entry fees from the event.
cm-umUil-
- 0°l
(b) NCTTA shall obtain and maintain in full force and effect 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. NCTTA 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) NCTTA, at its own expense, shall have the sole responsibility for
establishing, organizing, and operating the event, including but not limited
to performing the following functions:
L Venue rental;
ii. ii. Banquet;
iii. iii. Trophies;
iv. Events programs and printing;
V. Staff and tournament shirts;
vi. Transportation for athletes and staff;
vii. Athlete and staff lunches;
viii. Tables/chair/bleachers.
3. Fees and Costs
As consideration for the rights and benefits granted herein, and provided that
NCTTA is in compliance with all terms of this Agreement, City/Host shall pay to
NCTTA the following:
(a) gights Fee of Twenty Thousand and No/100 Dollars ($20,000.00)
Such rights fee shall assist in covering NCTTA event costs as set forth in
Section 2, specifically venue rental, trophies, event programs and printing,
staff and tournament shirts, transportation costs and lunch costs. The rights
fee of $20,000.00 shall be due and payable by City/Host to NCTTA as
follows: $10,000.00 shall be due and payable thirty (30) days prior to the
event, and the remaining $10,000.00 shall be paid by City/Host to NCTTA
in U.S. funds by City of Round Rock check immediately prior to the
beginning of the event.
(c) Other Costs
City/Host shall be responsible for the costs associated with the premiums
or other expenses related to City/Host's on-site promotions. City/Host
shall also be responsible for costs associated with the production of
City/Host's own promotional materials to be distributed on-site. City/Host
shall endeavor to ensure that all City/Host advertising and promotion
complies with all applicable laws, rules and regulations.
4. Terms
Subject to the recited terms and provisions of this Agreement, the term of this
Agreement shall commence immediately upon the execution hereof by both parties
and shall end by operation of its own terms after completion of the event on April
5, 2020.
5. Representations and Warranties
Each party hereto represents and warrants to the other party as follows:
(a) It has the full right and legal authority to enter into and fully perform this
Agreement in accordance with the terms and conditions hereof.
(b) This Agrcemcnt, when executed, will be its legal, valid and binding
obligation enforceable against it in accordance with the terms and
conditions hereof, except to the extent that enforcement hereof may be
limited by bankruptcy, insolvency or other similar laws affecting creditors'
rights generally.
(c) The execution, delivery and performance of this Agreement does not and
will not violate or cause a breach of any other agreements or obligations to
which it is a party or by which it is bound, and no approval or other action
by any governmental authority or agency, or any other individual or entity,
is required in connection herewith.
(d) Each of the foregoing representations, warranties and covenants shall be
true at all times during the term hereof.
6. Use and Ownership of Marks
NCTTA 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 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 NCTTA
Mark or City/Host Mark. Accordingly, in the event of any unauthorized use of any
NCTTA Mark or City/Host Mark by the other party (or a party authorized by such
other party), each party shall, in addition to any other contractual, legal and
equitable rights and remedies as may be available to it, have, during the term hereof
and after the termination or expiration of this Agreement, the right to take such
reasonable steps as are necessary to prevent any further unauthorized use of any
such event Mark or City/Host Mark, without being required to prove damages or
furnish a bond or other security, including petitioning a court of competent
jurisdiction for a temporary restraining order, a preliminary or permanent
injunction, and/or a decree for specific performance.
7. No Joint Venture
This Agreement does not constitute and shall not be constructed as constituting a
partnership, employer-employee, or joint venture between or among NCTTA or
City/Host. NCTTA is an independent contimctor and is not City/Host's employee.
Neither party shall have any right whatsoever to obligate or bind the other party in
any manner whatsoever, except as expressly set forth herein. Neither party has
authority to enter into contracts or relationships or to perform acts as agent for the
other party.
8. Assignment
This Agreement shall be binding on the parties and their respective successors and
assigns. Notwithstanding the preceding sentence, neither party may assign this
Agreement without the prior written consent of the other party.
9. Notice
Whenever notice is required to be given by either party to the other under this
Agreement, it shall be sent by certified U.S. mail with receipt confirmed to the
following:
To NCTTA: Willy Leparulo, President NCTTA
154 Mill Run Lane
Saint Peters, Missouri 63376
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
4
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. Prior to proceeding with a termination for cause,
City/Host agree to use all reasonable efforts to resolve any and all issues
with NCTTA and shall provide NCTRA a reasonable amount of time to
remedy the issues to avoid a termination for cause.
N 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.
(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 perforin such obligations as may survive termination.
(d) In the event of termination of this Agreement for any reason and/or the
cancellation of the event, the parties acknowledge that City/Host would only
be required to pay a prorate portion of its Rights Fee based on those benefits
actually determined by City/Host to have been provided to City/Host by
NCTTA prior to termination or cancellation. In the event that City/Host
has, as of the effective date of termination or cancellation, paid NCTTA
more of the Rights Fee than required by this section and this Agreement,
then and in that event NCTTA shall be obligated to promptly refund the full
difference to City/Host.
11. Indemnification
To the extent allowcd by law, City/Host hereby agree to hold harmless NCTTA,
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 NCTTA'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, NCTTA hereby agree to hold harmless City/Host,
and its affiliates and subsidiaries, and the agents, representatives, officers, directors,
employees and shareholders of the foregoing, from and against any and all claims,
suits, demands, damages, causes of action, expenses and liabilities of any kind or
character (including reasonable attorneys' fees and costs) related to or arising out
of, whether directly or indirectly, (i) NCTTA's intentional or negligent actions or
omissions under this Agreement, including but not limited to trademark
infringements based upon City/Host's use of NCTTA's Marks as approved in
accordance with this Agreement, contests, sweepstakes or other activities
conducted by NCTTA pursuant to this Agreement, and any product demonstrations
or products distributed by NCTTA pursuant to this Agreement and (ii) any breach
of this Agreement by NCTTA.
Each party will promptly notify the other of any claim. The terms, provisions and
conditions of this Section 12 shall survive the expiration or earlier termination of
this Agreement
12. Entire Agreement
This Agreement constitutes the entire agreement between City/Host and NCTTA
with respect to the subject matter herein and shall supersede any and all other
agreements, whether oral or otherwise, between the parties. Any amendments or
modifications of this Agreement must be in writing and signed by authorized
representatives of both parties.
13. Limitation of Liability
Notwithstanding anything contained herein to the contrary, in no event shall either
party be liable to the other party for any consequential, incidental, punitive, special,
or indirect damages of any kind.
14. Confidentiality
The parties hereto expressly acknowledge that City/Host is a Texas municipality
and, as such, is subject to and will obey the Public Information Act and other
related statutes.
Notwithstanding the foregoing, the parties hereto agree to maintain in confidence
the terms and conditions of this Agreement and any other information disclosed that
such disclosing party has reasonably designated as confidential except for
disclosures to the parties' respective employees, agents, or representatives to the
extent necessary to implement this Agreement, and except where a proposed
disclosure of any specific terms or conditions hereof is authorized in advance in
writing by the parties, and except for disclosures required in the course of legal
proceedings arising out of this Agreement, in addition to any other remedies
available, injunctive relief shall be available to any aggrieved party. This foregoing
shall not apply to any information that becomes generally known through no fault
of the parties bound hereunder.
15. Execution
This Agreement may be executed in counterparts and shall be deemed executed and
binding upon signature by both parties hereof.
I6. Governine 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
mariner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be invalid or enforceable under applicable law, such provision
shall be ineffective to the extent of such unenforceability or in invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Agreement. All obligations and rights or the parties expressed herein shall be in
addition to, and not in limitation of, those provided by applicable law.
18. No Waiver
No failure or delay on the part of any of the parties in the exercise of any right,
power, or remedy under this Agreement shall operate as a waiver by such party
thereof, nor shall exercise by any of the parties of any right, power or remedy
preclude other or further exercise thereof by such party or such party's exercise of
any other right, power or remedy. No waiver or modification of this Agreement or
of any provision herein, including this section, shall be valid unless it is in writing
and duly executed by the party charged with it.
19. Headings
The headings contained in this Agreement are for convenience only and shall not
be construed as an interpretation of any of the language contained herein.
20. Survival
All rights and obligations that accrue pursuant hereto prior to the expiration or
termination of this Agreement, as the case may be, and the representations and
warranties made in and the indemnifications provided pursuant to this Agreement
shall survive the expiration or earlier termination of this Agreement.
21. Force Maieure
No party hereto will be responsible for the performance of any of its obligations
hereunder if prevented, delayed or hindered by war, riots insurrection, embargoes,
strikes, concealed acts of workmen, casualty, accidents, acts of terror, or any other
occurrence beyond such party's control, excluding weather.
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates.
The National Collegiate
Table Tenni§ Association
By: A — ti c4
Name ti 1,4 CAN V
Title: S t eA
Date: �e Z: ?=A r
City of Rm d Roc
By:
Name:
Title:
Date:
For City, Attest:
By. •&M—v�jd*
Sara L. White, City Clerk
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Events Trust Fund Application in associations with
the 2020 College Table Tennis National Championship at the Round Rock
Sports Center
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/13/2019
Dept Director: Chad McKenzie
Cost: $0.00
Indexes: Hotel Occupancy Tax Fund
Attachments: 2020 Application for NCTTA CMAF, 2020 NCTTA Event Trust Fund
Application (NOT SIGNED), City Manager Endorsing tetter 2020 NCTTA
Department: Sports Management and Tourism
Text of Legislative File CM -2019-0275
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 College
Table Tennis Championships event in 2020 at the Round Rock Sports Center on April 3 - April
5, 2020.
Source of Funds: HOT Funds
Cityof Round Rock Page Z Printed on 9HV2019