CM-2019-0396 - 12/13/2019City of Round Rock
y't
ROUND ROCK Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Events Trust Fund Application in association with the
2020 US Lacrosse Women's Collegiate Lacrosse Associates (WCLA)
National Championships at the Round Rock Multipurpose Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2019
Dept Director: Chad McKenzie, SM&T
Cost: $0.00
Indexes: Hotel Occupancy Tax Fund
Attachments: 2020 WCLA Event Trust Fund—All, CMAF Events Trust Fund Application
2020
Department: Sports Management and Tourism
Text of Legislative File CM -2019-0396
This program is from the Governor's office that has the potential of reimbursing the City for
events related to Economic Devleopment and Tourism. This application is for the upcoming
2020 US Lacrosse Women's Collegiate Lacrosse Associates (WCLA) National
Championships that is to be held May 6-8, 2020 at the Round Rock Multipurpose Complex.
Cost: NIA
Source of Funds: NIA
City olRound Rock Page i Printed on 1211312019
EVENTS TRUST FUND
Application
Office of the Governor
Economic Development and Tourism (EDT)
APPLICANT NAME: The City of Round Rock
APPLICANT MAILING ADDRESS: 221 East Main street, Round Rock, Texas 78664
EVENT NAME: 2020 U5 Lacrosse Women's Collegiate Lacrosse Associates (WCLA) National Championships
DATE(S) OF EVENT: May 6 - 8, 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 eventsfunM9ov.texas. aov.
Name of Endorsing Municipality or County: I The City of Round Rock
Municipality or County Contact Name: i Chad McKenzie
Contact Title: I Director, Sports Management
Contact Email: I cmckenzie@roundrocktexs.go
Contact Phone Number: 1 512-218-5488
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 ❑
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:
Is the LOC designated in the official request letter submitted with the application?
Yes ❑ No ❑
SECT 10N 3: Suri,, SE LECTION 0ItGANI7_ATE0N
Full Name of Site Selection Organization:
US Lacrosse, Inc.
Site Selection Contact Name:
Kim Rogers
Site Selection Contact Title:
Director, Special Events
Site Selection Contact Email:
krogers@uslacrosse.org
Contact Phone Number:
410-235-6882 x180
*EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event.
Total Fund Amount Requested:
$50,294
State Share:
$43,3S7
Local Share:
$6,937
*In accordance with statute, the State Share must be no more than 6.25x the Local Share. To calculate the Local Share,
divide the State Share by 6.25. Total Fund = State Share + Local Share.
For MERP Applications only:
Estimated Direct Impact Total:
Estimated Secondary Impact Total:
*Direct Impact + Secondary Impact = State Share.
Official Event Name:I US Lacrosse Women's Collegiate Lacrosse Associates (WCLA)
National Championships
Event Fund/Program being applied for: I (ETF, MERP, MSRTF) IETF
Venue(s) of Event: Round Rock Multipurpose Complex
Event Website: https://www.uslacrosse,org/events/tournaments/wcla-national-
championship
Dates) of the Primary Event:
05/06/2020-05/08/2020
Day set-up/load-in for the event will begin:
05/04/2020 - 05/05/2020
Day strike/load-out of the event will end:
05/09/2020
1. Virginia Beach, VA
2. Winston-Salem, NC
Location of Event for the Previous 5 Years:
(List most recent year first)
3. Salt Lake City, UT
4. Round Rock, TX
5. Virginia Beach, VA
Source of Information for Previous Events:
Kim Rogers
Other locations outside of Texas considered to host
Salt Lake City, UT; Virginia Beach, VA; Westfield, IN; Minneapolis,
the event:
MN
Was the site selected as a part of a multi-year
agreement? If yes, what years (past and future)?
Yes (2020 & 2022)
1,500
Anticipated Total Attendance at Primary Event:
Anticipated Out of State Attendance
at Primary Event:
1,400
Desired Market Area (Area that is affected by the
economic impact of the event):
Round Rock/ Austin
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)?*
Szo,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
method, subject to approval, that will be used: t
Participant list and zip codes at the door.
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.
et
�.
Signaturi
ame (Printed)
Title
Date
Nancy Yawn
From: Stephanie Sandre <ssandre@scrrlaw.com>
Sent: Tuesday, December 3, 2019 1:01 PM
To: Nancy Yawn
Subject: Events Trust Fund Application WCLA National 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 WCLA National Championships (the "Event") for
2020 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 at Law
Sheets & Crossfield, PLLC
309 E. Main Street
Round Rock, TX 78664
(p) 512-738-8728
(0 512-255-8986
step han ic(4r-z)scrrlaw.cnin
ROUND ROCK TEXAS
AomiN15TRATIaN
Office of the Governor
Governor Gregg Abbott
Economic Development and Tourism
P.O. Box 12428
Austin, Texas 78711-2428
Honorable Governor Abbott,
Mayor
Craig Morgan
Mayor Pro -Tem
Writ Baese
Councilmembers
Tammy Young
Rene Flores
Matthew Baker
Will Peckham
Hilda Montgomery
City Manager
Laurie Hadley
City Attorney
.ephan L. Sheets
The City of Round Rock is in full support of hosting the 2020 US Lacrosse Women's Collegiate Lacrosse
Associates (WCLA) National Championships scheduled for May 6 - 8, 2020 to be held at the Round Rock
Multipurpose Complex.
The City of Round Rock respectfully requests participation in the Texas Events Trust Fund Program for this
event.
If you have any questions, please feel free to contact me at 512-218-5401.
Sincerely,
r
City Manager
CITY OF ROUND ROCK 221 East Main Street, Round Rack. Texas 78664
IPi 512.218.5401 - lFi 512.218 7097 . roundrocktexas.gov
December 9, 2019
Dear Nancy,
On behalf of US Lacrosse and the Special Events Department, we would like to
thank you for your bid to host the 2020 & 2022 US Lacrosse Women's Collegiate
Lacrosse Associates (WCLA) National Championships at the Round Rock
Multipurpose Complex in Round Rock, Texas. Lacrosse is growing all over the
country and we appreciate your interest in helping us spread the game.
At this time, the Special Events Department feels as though the Round Rock
Multipurpose Complex is a great ht for the 2020 & 2022 US Lacrosse Women's
Collegiate Lacrosse Associates (WCLA) National Championships and would like to
move forward with contracting.
Again, we thank you for your bid and we look forward to working with you!
Sincerely,
4" r. rv?��
Kim Rogers
Director, Special Events
US Lacrosse
2020 US Lacrosse Women's Collegiate
Lacrosse Associates (WCLA) National
Champsionships
Economic Impact Study
Prepared by the City of Round Rock
:K TEXAS
The Event
The 2020 US Lacrosse Women's Collegiate Lacrosse Associates (WCLA) National Championships will be
held May 6-8, with the Championship round held on May 91",at the Round Rock Multipurpose Complex in
Round Rock, TX. The event will feature Division I and Division II National Championships which showcase
the nation's premier collegiate teams. The Division 1 field features 16 teams; the Division II tournament
consists of 12 teams. The WCLA is comprised of 230 college club teams from coast-to-coast that compete
under the US Lacrosse umbrella. The most deserving Division I and Division II club teams qualify for the
season -ending national championships conducted by US Lacrosse, competing over four (4) days for
national titles.
The City of Round Rock won the bid to host the 2020 US Lacrosse WCLA National Championships after a
highly competitive bid process with other cities across the country. This will be the second time to host this
event in Round Rock.
Figures 1& 2 - Round Rock Multipurpose Complex
Assumptions
Assumed Total Number of Attendees
The 2020 US Lacrosse WCLA National Championships is projected to bring in a total of 1,500 attendees;
which includes participants, out-of-state, and out -of -area Texans over a course of 4 days. Attendee
projections were based on the 2020 US Lacrosse WCLA 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 US Lacrosse WCLA and used to project the
percentage and total number of attendees for the event. There are no local attendees projected for this
event since all teams and attendees are coming from either out-of-state or from out -of -area within Texas.
Event Attendees
% of Total Number i Total Number of
of Participants Participants
Out -of -State
93%
1,400
Out -of -Area Texans
7%
1
100
Local Area People
Total
100%
1,500
Other Assumptions
It is assumed that all out-of-town and out -of -area Texan attendees will stay in Round Rock for the 4 days
and 3 nights of the event, even though the only participants competing on the last day of the competition
will be those who have advanced to the final rounds in each respective event.
Event Expenditures Projections
Projected Car Rental Expenditures
The estimated number of out-of-state attendees is 1,400. 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 560 households Some out-of-state attendees may drive their
own vehicle or use various ride sharing options. This study estimates that 75% of households will rent a car
for this event. Rental rates for a standard size car for May 6-9 have been averaged for the twelve rental car
companies located at the Austin -Bergstrom International Airport. This average is $57.00 per day.
Total % of #of Avg
Number of Households Households #Of Cost Total Rental
Attendees Attendees Households Rertti' Renti Da Per daV 8 endin
Out -of -State 1,400 560 75% 420 4 $57.00 $95,760.00
Out -of -Area Texans Not likety 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.
ndees
Number o
Attendees
Number Avg
of Nights people
in Hotel_ :per room..
Total
Room.
N' hts
Average
Room Hotel
Rate Spending
Out -of -State
1,400
3 4
1,050
94.68 99, 414.00
Out -of -Area Texans
100
1,500
3 4
75
1,125
94.68_ _ 7,101.00
$106,515.00
Total
Note: Room n/ghts are divlali?d by average people per room
Projected Food/Dining and Alcoholic Drinks with Meals Expenditures
2
To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping
an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a
conservative projection based on surveys of prior local events. The $70 was divided between dining,
drinking, and shopping based on the following methodology.
The federal General Services Administration per diem rate for food while traveling for the Austin -Round
Rock metropolitan area is $59 per day. This study estimates spending on alcoholic drinks with meals to be
$4 per day. This amount is lower than many other events but because this event is for college students,
most of them will not be of legal age to purchase alcoholic drinks in restaurants.
Projected Other Shopping Expenditures
Round Rock has a variety of shopping centers in the vicinity of the Round Rock Multipurpose Complex 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 $7 per day per
person.
Total Number
Attendees a Of Attendees
Total Number
! of Days
Food/Meals
Out -of -State 1.400
Out -of -Area Texans 100
Total 1,500
Alcoholic
Total-$
7.00 2,800.00
$42,000.00
(excluding drinks)'
'Drinks with
Alcoholic
# of Number
Spending Per
Total $
Meals Per
Drinks with
Attendees
Attendees of days
Person
Food/Meals ''
Person
Meals
Out -of -State
1,400 4
59.00
330,400.00
4.00
22,400.00
Out -of -Area Texans
100 4
59.00
23,600.00
4.00
1,600.00
Total
1,500 1
1
$354,000.00
$24,000.00
Projected Other Shopping Expenditures
Round Rock has a variety of shopping centers in the vicinity of the Round Rock Multipurpose Complex 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.
Total Number
Attendees a Of Attendees
Total Number
! of Days
Average Total
Spending Per Spending on
Day Shop In
Out -of -State 1.400
Out -of -Area Texans 100
Total 1,500
4
4
7.00 39,200.00
7.00 2,800.00
$42,000.00
Projected Eligible Taxes from Direct Expenditures
The table below displays the projected direct expenditures and eligible sales taxes generated from the 2020
U5 Lacrosse WCLA National Championships between May 6-8, and the Championship round on May 9th,
The total projected direct expenditures resulting from the event is $662,275.00. The estimated sales tax
generation is $43,656.90 in eligible state taxes and $17,986.35 in eligible local taxes.
3
1- All cars rented will likely be rented from the Austin Bergstrom International Airport. Round Rock will not gala any sates
tax from these transactions, so Round Rock's applicable rate for this study is 0%.
Projected
Direct
Expenditures
Texas
Tax
Rate
Found
Flock Tax
Rate
EiigIble Texas Hound Rock
Taxes Taxes
Shopping
42,000.00
6.25%
2.00%
2,625.00
840.00
Hotels/Wels
106,515.00
6.00%
9.00%
6,390.90
9,586.35
Food/Wats(excluding drinks
354,000.00
6.25%
2.00%
22,125.00
7,080.00
Alcoholic Drinks with Meals
24,000.00 11.00%
2.00%
2,640.00
480.00
Car Rentals
95,760.00
10.00%9,576.00
Total Eligible Expenditures
$622,275.001
1 1
$43,356.901
$17,986.35
Eligible Texas Tax Generated
$43,356.90
1- All cars rented will likely be rented from the Austin Bergstrom International Airport. Round Rock will not gala any sates
tax from these transactions, so Round Rock's applicable rate for this study is 0%.
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: 2020 US Lacrosse Women's Collegiate Lacrosse Associates National Championships on these dates: May
6-9, 2020 and that the information will be provided by the City, County or Local Organizing Committee as a government
document.
I understand that it is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry in, or
false alteration of, a governmental record, or to make, present, or use a governmental record with knowledge of its
falsity, when the actor has the intent to harm or defraud another.
I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with
intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is required or authorized by law to be made under
oath.
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 * 512-936-0100 * cov.TEXAS.cov
Affiant Signature
-AnAhq, Snrz--
Printed Name
A' +Mc �� I - Lo -1�
Title and Name of Orga nation Date
The State of Texas
County ofWilliam)OIn
Before me, a Notary Public, on this day personally appeared AnAr&L %(*Z- 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 HOVW(- , 20 I "r
uarw—O
Notary ublic, State of Texas
BLANCA GILLIS
QL►n„fo/jam
MsNotary Public, state of Texas
?y:'r Comm Exptres 03-15.2020
Notary ID 130582387 (PERSONALIZED SEAL]
//e11Y4717
(Print name of Notary Public here)
My commission expires the 6 day of quern br , 20 I I
POST OFFICE Box 12429 AUSTIN, TEXAS 78711 * 512-936-0100 * cov.TEXAs.cov
op
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
LOCs endorsing an Event Trust Fund, Major Events Reimbursement Program or Motor Sports Ra 'ng Trust
Fund.
#1, a authorized representative of Tr""a [Local Organizing Committee (nonpAbugh
oration , n orsing
ality or endorsing county] (circle one) ("Requestor") that is receiving funding 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 P_
,r
I understand that I am receiving funding under the Act for the purposes of facilitatifig 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 * 512-936-0100 * cov.TEXAs.Gov
I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with
intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is required or authorized by law to be made under
oath.
I understand my obligation to provide information about event expectations, performance, and expenses that are
true and accurate to the best of my knowledge and ability. I also understand my obligation to immediately report any
known or suspected waste, fraud, and abuse of funds received under the Act to the Texas State Auditor's Office at
1-800-892-8348. 1 hereby swear and affirm that I have read the entire affidavit, and I understand its contents.
00"
Affiant artuze-
Title and Name Of O`(ganization
The State of Texas
Countyof A)WW'At"�-—
Printed Name
Date
Before me, a Notary Public, on this day personally appeared 251C�Q tfCnLgQ�: , 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 /8k -,,ay of 20
:,,,�Q%�%QUEA
Poe
0 OF
4XY,
RES3.2%
1111111111110
(PERSONALIZED SEAL)
Atary Public, State of Texas
(Pridname of Notary Public here)
2,74
My commission expires the_ day of 2o 2
POST OFFICE BOX 12428 AUSTIN, TEXAs78711 * 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 US LACROSSE, INC (USL), 2 Loveton Circle , Sparks,
MD 21152, 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 WOMEN'S
COLLEGIATE LACROSSE ASSOCIATES NATIONAL CHAMPIONSHIPS (the "event")
in Round Rock, Texas, on or about May 6 through May 8, 2020, to be held at the Round Rock
Multipurpose Complex ("Multipurpose Complex") owned and operated by the City/Host and
located at 2001 N. Kenney Fort Blvd, 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, USL
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) USL has the right to secure its own sponsors or sponsorships for the
event.
(c) City{Host acknowledges that USL has granted and/or may grant to other
National Corporate Sponsors, National Partners, or Licensees the use of
the USL's Marks (defined herein as USL's trademarks, trade names,
service marks and logos) in the promotion of USL's goods or services.
Said licensing and merchandising relationships shall be on a local,
regional, and national basis.
(d) USL 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. USL 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. USL's Rights and Responsibilities
(a) USL shall have the right to receive and retain, in accordance with
conditions recited herein, all team entry fees from the event.
(b) USL shall obtain and maintain in full force and affect a general liability
insurance policy covering the event and said insurance policy shall fulfill
ss2ro0331450
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. USL 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) USL, at its own expense, shall have the sole responsibility for
establishing, organizing, and operating the event.
3. Fees and Costs
As consideration for the rights and benefits granted herein, and provided that USL
is in compliance with all terns of this Agreement, City/Host shall pay to USL the
following:
(a)
Rights Fee of Twenty Thousand and No1100 Dollars ($20,000.00).
Such rights fee shall assist in covering USL'S event costs, specifically
venue rental costs as set forth herein. The rights fee of $20,000.00 shall
be due and payable by City/Host to USL upon execution of this
Agreement and shall be used by USL as follows:
(i) Upon receipt of the rights fee from City/Host, USL 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 USL prior to the execution of this Agreement, the
rights fee shall be used toward the remaining costs of the venue
rental.
(ii) In the event USL pays the deposit for the venue rental and there
are remaining monies available from the rights fee, those
remaining monies shall be used towards the remaining costs of the
venue rental.
(iii) Within fifteen (15) days of the execution date of this Agreement,
USL shall provide City/Host (Atte: Nancy Yawn, Director of
Round Rock CVB) verification that the deposit for the venue has
been paid. Verification that the venue costs have been paid in full
shall be provided to the City/Host (Attn: Nancy Yawn, Director of
Round Rock CVB) within three (3) days of full payment of the
venue rental.
(iv) Failure to provide verification to City Host as required in
subsection (iii) above shall be considered a material breach of this
Agreement and CityiHost shall at its sole discretion seek any and
all remedies available under Texas Law.
(b) other costs
City/Host shall be responsible for the costs associated with the premiums
or other expenses related to City/Host's on-site promotions. City/Host
shall also be responsible for costs associated with the production of
City/Host's own promotional materials to be distributed on-site.
City/Host shall endeavor to ensure that all City/Host advertising and
promotion complies with all 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 May 8, 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 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.
6. Use and Ownership of Marks
USL 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
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unauthorized use of any USL Marls or City/Host Mark. Accordingly, in the event
of any unauthorized use of any USL Mark or City/Most 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 USL or
City/Host. USL is an independent contractor and is not City/Host's employee.
Neither party shall have any right whatsoever to obligate or bind the other party in
any manner whatsoever, except as expressly set forth herein. Neither party has
authority to enter into contracts or relationships or to perform acts as agent for the
other party.
8. Asslariment
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 USL:
Kim Rogers
Director, Special Events
2 Loveton Circle
Sparks, MD 20210
With copy to:
Lauren Ellison
One East Pratt Street, Suite 901
Baltimore, MD 21202
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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 USL and shall provide USL a reasonable amount of time to remedy
the issues to avoid a termination for cause.
(c) Termination of this Agreement for any reason provided herein shall not
relieve either party from its obligation to perform up to the effective date
of such termination or to perform such obligations as may survive
termination.
(d) In the event of termination of this Agreement for any reason and/or the
cancellation of the event, the parties acknowIedge 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 USL prior to termination or cancellation. In the event that
CitylHost has, as of the effective date of termination or cancellation, paid
USL more of the Rights Fee than required by this section and this
Agreement, then and in that event, USL shall be obligated to promptly
refund the full difference to City/Host.
11. Indemnification
To the extent allowed by law, City`Host hereby agree to hold harmless USL, 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 USL'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, USL 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) USL 's intentional or negligent actions or
omissions under this Agreement, including but not limited to trademark
infringements based upon City/Host's use of USL 's Marks as approved in
accordance with this Agreement, contests, sweepstakes or other activities
conducted by USL pursuant to this Agreement, and any product demonstrations
or products distributed by USL pursuant to this Agreement and (ii) any breach of
this Agreement by USL.
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 USL 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 (his Agreement must be in writing and signed by authorized
representatives of both parties.
13. Limitation of Liabilitv
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.
6
14. Conrdentiallty
The parties hereto expressly acknowledge that City/Host is a Texas municipality
and, as such, is subject to and will obey the Public Information Act and other
related statutes.
Notwithstanding the foregoing, the parties hereto agree to maintain in confidence
the terms and conditions of this Agreement and any other information disclosed
that such disclosing party has reasonably designated as confidential except for
disclosures to the parties' respective employees, agents, or representatives to the
extent necessary to implement this Agreement, and except where a proposed
disclosure of any specific terms or conditions hereof is authorized in advance in
writing by the parties, and except for disclosures required in the course of legal
proceedings arising out of this Agreement, in addition to any other remedies
available, injunctive relief shall be available to any aggrieved party. This
foregoing shall not apply to any information that becomes generally known
through no fault of the parties bound hereunder.
15. Execution
This Agreement may be executed in counterparts and shall be deemed executed
and binding upon signature by both parties hereof.
16. Governing Lav
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for same shall lie in Williamson County,
Texas. This Agreement shall be governed by and construed in accordance with
the laws and court decisions of the State of Texas.
17. Severability
Whenever possible, each provision of this Agreement shall be interpreted in such
a manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be invalid or enforceable under applicable law, such
provision shall be ineffective to the extent of such unenforceability or in
invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. All obligations and rights or the parties expressed
herein shall be in addition to, and not in Iimitation 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.
[Signatures are on the following page]
8
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates.
US 11tPOSSE, INC.
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For City, Attest:
By: QP" •
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephen 6. Sets, City Attorney
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