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CM-2021-160 - 5/28/2021EVENTS TRUST FUND Application Office of the Governor Economic Development and Tourism (EDT) APPLICANT NAME: City of Round Rock APPLICANT MAILING ADDRESS: 221 East main Street, Round Mock, TX 78664 EVENT NAME: US Youth Soccer National League P. R. O. Texas DATE(S) OF EVENT: November 12-14, 2021 EVENT LOCATION (CITY): Round Rock DATE APPLICATION SUBMITTED:. -2-&-Z"2-( Effective April 1, 2021 Events Trust Fund Application Event Trust Fund (ETF), Major Events Reimbursement Program (MERP] or Motor Sports Raciniz Trust Fund (MSRTF) Please review the Events Trust Fund Guidelines document and applicable statutes and rules before submitting this application. Links can be found at https://Pov.texas.pov/business/pave/event-trust-funds-program. An application is not complete until all required documents are submitted, with the exception of the Event Support Contract and the MERP required Human Trafficking Prevention Plan. See checklist in Section 7 of the application for required documents. Deadlines for submission are as follows: ETF & MSRTF. No later than 120 days prior to the first day of the event. MERP: No later than 45 days prior to the first day of the event, but not earlier than 1 year before the event. Not later than the 30th day before the first day of the event, a site selection organization must submit a plan to prevent the trafficking of persons in connection with the event to the Office of the Attorney General and the Chief of the Texas Division of Emergency Management (see Guidelines document for trafficking plan submittal details). Please submit all documents to eventsfund@oov.texas.00v. 1. Has the endorsing municipality or county reviewed the event and found that it meets all eligibility requirements as listed in Texas Government Code Chapter 478. Major Events Reimbursement Program, Chapter 479. Motor Sports Racing Trust Fund, or Chapter 480. Events Trust Fund? 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 nonprofit 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 the Event Support Contract 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: US Youth Soccer Site Selection Contact Name: Chris Webb Site Selection Contact Title: Director of Operations & Event Management Site Selection Contact Email: cwebb@usyouthsoccer.org Contact Phone Number: (408) 433-1418 - cell *EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event. Total Fund Amount Requested: 1 $37,284 State Share: 1 $32,144 Local Share: J $5,143 *In accordance with statute, the State Share must be no more than 6.25 times the Local Share. To calculate the Local Share, divide the State Share by 6.25. Total Fund = State Share + Local Share. )r MERP Applications only: Estimated Direct Impact Total: Estimated Secondary Impact Total: *Direct Impact + Secondary Impact = Total Fund. Calculate the Total fund, and then determine the Local Share and State Share. Official Event Name: U5 Youth Soccer National League P. R. O. Texas Event Fund/Program being applied for: (ETF, MERP, MSRTF) ETF Venue(s) of Event: Round Rock Multipurpose Complex Event Website: www.usyouthsoccer.org/leagues/ Date(s) of the Primary Event: November 12-14, 2021 Day set-up/load-in for the event will begin: November 11, 2021 Day take-down/load-out of the event will end: November 15, 2021 1. Greensboro, NC 2. Wilson, NC Location of Event for the previous 5 years: (List most recent year first) 3. Wilson, NC 4. Wilson, NC 5. Wilson, NC Source of information for previous Events: Chris Webb Other locations outside of Texas considered to host the event: Arizona, Florida, North Carolina, Indiana Was the site selected as a part of a multi -year agreement? If yes, what years (past and future)? No Will there be a fee charged by the Site Selection Organization, which must be paid as a condition to holding the event, including host fees, sanction Yes fees, participation fees, or bid fees for the event?* If yes, what is the total amount of the above referenced fee(s)?* $25,000 Additional information: *Reimbursement will not be made for such a fee in excess of the amount listed. See TAC Rule § 184.45(18). Please provide the following information. The information provided should align with the information provided in the Economic Impact Statement. Estimated Attendance Chart: Complete the chart in the supplemental excel document and include with the submission of the application. Instructions for completing the chart and an example are in the worksheet. Estimated Attendance Data: The information provided below should align with the information provided in the Estimated Attendance Chart. Desired Market Area (area that will be affected by the economic impact of the event. This is usually Round Rock the county in which the event is held and may sometimes include adjacent counties): Primary event day(s) on which attendance counts will be collected and used for reporting attendance November 12-14, 2021 after the event: Anticipated Daily Average Attendance at Primary Event (average of the total estimated 1440 attendance from the day(s) listed above): Anticipated Out -of -State Attendance 1352 at Primary Event: Anticipated percentage of all attendees that will be 1352 from Out -of -State: Anticipated percentage of total attendance from Texas, but who are visiting from outside of the 28 market area: Spending Rates and Percentages: Provide the estimated daily average spending in the following categories for all attendees below. Include only taxable expense(s) (e.g. most food purchased at a grocery store is not taxed and would not be included, but food purchased at a restaurant is taxed and may be included.) Spending Rate for Food & Non -Alcoholic Beverages: 59.00 7.00 4.00 Spending Rate for Shopping & Entertainment: Spending Rate for Alcoholic Beverages: What percentage of all attendees will consume alcoholic beverages? 10% 82.00 Spending Rate for Hotel: What percentage of all attendees will stay in hotels? 96% On average, how many people per hotel room? 4 Spending Rate for Car Rental: 67.00 What percentage of all attendees will rent cars? 94% On average, how many people per rental car? 3 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: Participant list EDT must receive the fallowing documents (except the Event Support Contract and Human Trafficking Prevention Plan) 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. ❑ Estimated Attendance Chart completed with information that aligns with the Economic Impact Study. Submitted in pdf format. ❑ 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 persons) who prepared the Study for the application. ❑ Affidavit of Endorsing Entity signed by each endorsing municipality, county and/or LOC. ❑ Human Trafficking Prevention Plan (MERP Only) No later than the 30th day before the first day of the event, the Site Selection Organization must submit a plan to 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. Plans shall be submitted to the following contacts: Captain James T. (Tim) Ferguson — Office of the Attorney General iames.ferguson@oag_texas.gov Suzannah Jones — Texas Division of Emergency Management suzannah.jones@dps.texas.gov ❑ 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 Date Type of Attendee 11/12/2021 11/13/2021 11/14/2021 Participant 864 1728 1728 Total Attendees: 864 1728 1728 0 0 Nancy Yawn From: Stephanie Sandre <ssandre@scrrlaw.com> Sent: Tuesday, April 13, 2021 4:00 PM To: Nancy Yawn Subject: Events Trust Fund Application - US Youth Soccer 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 US Youth Soccer Tournament (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 stenhanieftscr riaw.ca m ROUND ROCK TEXAS AOMINIISTRATION 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 -Tern Rene Flores Councilmembers Michelle Ly Matthew Baker Frank Ortega Writ Baese Hilda Montgomery City Manager Laurie Hadley Attorney In L. Sheets The City of Round Rock is in full support of hosting the 2021 U.S. Youth Soccer National League P.R.O. Texas scheduled for November 12-14, 2021 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, XC, I A ,6 /"t d Laurie Hadley City Manager CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664 [P] 512.218.5401 . IF] 512.218.7097 . roundrocktexas.gov W-- US 1= YOUTH .SOCCER US Youth Soccer National Office 9220 World Cup Way Frisco, TX 75033 March 13, 2021 City of Round Rock — Multipurpose Sports Complex Attn: Nancy Yawn 221 East Main Street Round Rock, TX 78664 Dear Nancy: After some recent discussions regarding host locations for the 2021-2022 US Youth Soccer National League P.R.O. series, we are thrilled to accept the proposal from the Round Rock CVB and City of Round Rock for the November 14U boys and girls event. On behalf of the Board of Directors, I want to thank you for your enthusiasm and willingness to host the first of two 14U Boys and Girls National League P.R.O events. Out of the four bidding groups that submitted proposals to be part of the bid process, Round Rock presented the best location, complex, hotels and amenities. We will follow up in the coming days to discuss next steps regarding the press release, hotel accommodations and logistics. Sincerely, Chris Webb Director of Operations and Event Management cc: Pete Zopfi, Chair, US Youth Soccer Skip Gilbert, CEO, US Youth Soccer The 2021 US Youth Soccer National League P.R.O. Texas Event Economic Impact Study Prepared by the City of Round Rock X TEXAS The Event The 2021 US Youth Soccer National League P.R.O. Texas Event will be held November 12-14, 2021 at the Round Rock Multipurpose Complex in Round Rock, Texas. The USYS National League P.R.O. Texas Event consists of 48 boy's and 48 girl's teams in the organization's 14-and-Under age group from around the country. The USYS National League P.R.O. believes in providing opportunities to play and the winners of the tournament will go on to compete in the USYS National Championships. The City of Round Rock won the bid to host the 2021 USYS National League P.R.O. Texas event 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. Assumptions Assumed Total Number of Attendees The 2021 USYS National League P.R.O. Texas Event is projected to bring in a total of 1,440 attendees, which includes participants, out-of-state, and out -of -area Texans over a course of 3 days. Attendee projections were based on the 2021 USYS National League P.R.O. 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 USYS National League P.R.O. 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 Iota: 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 1,352. 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 541 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 12-14 have been averaged for the nine rental car companies located at the Austin, Bergstrom International Airport. This average is $67.00 per day. Projected Hotel/Motels Expenditures The average nightly hotel rate of $82.00 was obtained from a Source Strategies publication purchased by the City of Round Rock and has been used to estimate hotel spending for the event. Since teams are traveling together with families and soccer leagues, 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 F4 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. 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 2021 USYS National League f .R.O. Texas Event between November 12-14. The total projected direct expenditures resulting from the event is $456,196. The estimated sales tax generation is $32,144 in eligible state taxes and $13,434 in eligible local taxes. Shopping Projected Texas Direct Tax Expenditures 28,980.00 6.25% Round Rock Tax EligibleRound 2.00% 1,811.00 Rock 580.00 Hotels/Motels 84,870.00 6.00% 9.00% 5,092.00 7,638,00 Food/Meals(excluding drinks 244,260.00 6.25% 2,00% 15,266.00 4,885.00 Alcoholic Drinks with Meals 16,560.00 11.00% 2.00% 1,822,00 331.00 Car Rentals 1 $81,526.00110.00%1 1 8,153.00 Total Eligible Expenditures. $456,196.00 ,- 1 $32,144.00 $13,434.00 ;Eligible Texas Tax Generated 4400 t- 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 ACE Ox. x �r 4 r'O1.F.�yO 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: 2021 USYS National League P.R.O. Texas Event on these dates: November 12 - 14, 2021 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 * Gov.TExAS.Gov Afflant Signat 4ndreci Tai-z Printed Name Title and Name of Organization Date The State of Texas County of W i OM30n Before me, a Notary Public, on this day personally appeared_AndreA saiz 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 (PERSONALIZED SEAL) Notary blic, State of Texas 13 lon(A 6711-1 (Print name of Notary Public here) My commission expires the__6 day of +f zA , 20 POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * cov.TExns.cov GR1'.G 1111 OTT GOVERNOR Orrice ou -r Ijt. G0\'LRN0R F.00NOMic Di:.x-IiI.oY\IltN'r & 'r0VRIsal 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 Racing Trust Fund. I, Laurie Hadley, an authorized representative of Round Rock, Texas, 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: US Youth Soccer National Leapue P. R. O. Texas on these dates: November 12-14, 2021. 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. I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with 1) 0 BOY 1949R - AW1 ZTIN TX 79711 1 517.93C.-Olii(k I WW I.I"KAC G()\ 0F1ICE 01, TF1G C;0N'hR\0R G(,0NOAIC Diivt_i.oPmv\\-r & TOURIs,U GRI:C ,\R1101-1, GOVi6RNOR 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 el-k �r f Title and Name of Organization The State of Texas County of ALL �I (�✓ �ia�ir# Printed Name 61J�L � Date Before me, a Notary Public, on this day personally appeared }-' known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that6/she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this 2 day of , 20 ��11111111i!!1//�j — _ E,q •AO'�Sb���i I PUB,�c••'�i� ary Public, State of Texas S ' (PERSONALIZED SEAL) co �OF` �9,s�•, `++ hh ;1262 �.•,,,,��,, A. / RF S 1 ``\��� (Print name of Notary Public here) My commission expires the day of 20� P 0. BOX 12428 AUS'1'IN, TX 7R71 I 1 512-936-0100 1 GOV.TI;X_IS-(;OV HOST PARTNER AGREEMENT THIS AGREEMENT (the "Agreement"} is executed effective as of date of signing (the "Effective Date") by and between US YOUTH SOCCER, 9220 World Cup Way, Frisco, TX 75033 and the CITY OF ROUND ROCK, TEXAS (the "Ciry/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 US YOUTH SOCCER National League P.R.O. Texas (the "event") in Round Rock, Texas, on or about November 12-15, 2021, to be held at the Round Rock Multipurpose Field Complex ("Multipurpose Complex') owned and operated by the City/Host and located at 2001 North Kenney Fort Boulevard, Round Rock, Texas 78665. 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, US YOUTH SOCCER and City/Host agree as follows: 1. Designation and Rights as Official Host radner (a) City/Host shall be designated as an "Official Host Partner" for the event. (b) US YOUTH SOCCER has the right to secure its own sponsors or sponsorships for the event. (c) City/Host acknowledges that US YOUTH SOCCER has granted and/or may grant to other National Corporate Sponsors, National Partners, or Licensees the use of US YOUTH SOCCER's Marks (defined herein as US YOUTH SOCCER's trademarks, trade names, service marks and logos) in the promotion of US YOUTH SOCCER's goods or services. Said licensing and merchandising relationships shall be on a local, regional, and national basis. (d) US YOUTH SOCCER 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. US YOUTH SOCCER 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. US YOUTH SOIXER's Rights and ResaonAbllities (a) US YOUTH SOCCER shall have the right to receive and retain, in accordance with conditions recited herein, all team entry fees from the event. 00468069/ss2 �/o 20Z,) (-. t(cl (b) US YOUTH SOCCER 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 CitylHost in advance of the event. US YOUTH SOCCER 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) US YOUTH SOCCER, 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 US YOUTH SOCCER is in compliance with all terms of this Agreement, City/Host shall pay to US YOUTH SOCCER the following: (a) Rights Fee of Twenty Thousand and No/100 Dollars ($25,000.00). Such rights fee shall assist in covering US YOUTH SOCCER event costs, including venue rental costs. The rights fee of $25,000.00 shall be due and payable by City/Host upon execution of this Agreement and shall be used by US YOUTH SOCCER as follows: (i) Upon receipt of the rights fee from City/Host, US YOUTH SOCCER 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 US YOUTH SOCCER 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 US YOUTH SOCCER 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, US YOUTH SOCCER shall provide City/Host (Attn: Nancy Yawn, Director of CVB) verification that the deposit for the venue has been paid in full shall be provided to the City/Host (Attn: Nancy Yawn, Director of 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 01 Agreement and City/Host shall at its sole discretion seek any and all remedies available under Texas law. (b) Other Costs City/Host shall be responsible for the costs associated with the premiums or other expenses related to City/Host's on -site promotions. City/Host shall also be responsible for costs associated with the production of City/Host's own promotional materials to be distributed on -site. City/Host shall endeavor to ensure that all City/Host advertising and promotion complies with all 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 November 15, 2021 S. 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. b. Use and Ownership of Marks US YOUTH SOCCER 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 3 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 US YOUTH SOCCER Mark or City/Host Mark. Accordingly, in the event of any unauthorized use of any US YOUTH SOCCER 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 US YOUTH SOCCER or CitylHost. US YOUTH SOCCER 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. Assixnment 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 US YOUTH SOCCER: Chris Webb Director of Operations & Event Management 9220 World Cup Way Frisco, TX 75433 4 To City/Host: Laurie Hadley City Manager City of Round Rock 221 East Main Street Round Rock, TX 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 parry, 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, CityiHost agree to use all reasonable efforts to resolve any and all issues with US YOUTH SOCCER and shall provide US YOUTH SOCCER 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 acknowledge that City/Host would only be required to pay a prorala portion of its Rights Fee based on those benefits actually determined by City/Host to have been provided to City/Host by US YOUTH SOCCER prior to termination or cancellation. In the event that City/Host has, as of the effective date of termination or cancellation, paid US YOUTH SOCCER more of the Rights Fee than required by this section and this Agreement, then and in that event US YOUTH SOCCER shall be obligated to promptly refund the full difference to City/Host. 5 11. Indemnification To the extent allowed by law, CityiHost hereby agree to hold harmless US YOUTH SOCCER 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) Cityi Host's intentional or negligent actions or omissions under this Agreement, including but not limited to trademark infringements based upon US YOUTH SOCCER's use of the City/Host Marks as approved in accordance with this Agreement, contests, sweepstakes or other activities conducted by CityHost 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, US YOUTH SOCCER 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) US YOUTH SOCCER's intentional or negligent actions or omissions under this Agreement, including but not limited to trademark infringements based upon City.Host's use of US YOUTH SOCCER's Marks as approved in accordance with this Agreement, contests, sweepstakes or other activities conducted by US YOUTH SOCCER pursuant to this Agreement, and any product demonstrations or products distributed by US YOUTH SOCCER pursuant to this Agreement and (ii) any breach of this Agreement by US YOUTH SOCCER. Each party will promptly notify the other of any claim. The terms, provisions and conditions of this Section 11 shall survive the expiration or earlier termination of this Agreement. 12. Entire Agreement, This Agreement constitutes the entire agreement between CityHost and US YOUTH SOCCER 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. 16. Governing Law This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either parry with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 17. Severability Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid or enforceable under applicable law, such provision shall be ineffective to the extent of such unenforceability or in invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. All obligations and rights or the parties expressed herein shall be in addition to, and not in limitation of, 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 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. Farce Majeure 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.] 8 IN WITNESS WHEREOF, the parties hereby execute this Agreement on the indicated dates. US YOUTH SOCCER fly: P Name: _ Title+ o ' r a i vrtiS�4 iN-#AS Date: L14V21 9 CITY OF ROUND ROCK, TEXAS By: 6(aw�- Natne: ff:jw_ Title: Date. For City, Attest: By: Sara L. White, City Clerk For City, Ap ov d as to For By: _ Stephan L Sheets, City Attorney ROUND RO[]( City of Round Rock �s Agenda Item Summary Agenda Number: Title: Consider authorizing Host Partner Agreement with US Youth Soccer National League P.R.O. Texas located at Round Rock Multipurpose Field Complex. Type: City Manager Item Governing; Body: City Manager Approval Agenda Date: 4/23/2021 Dept Director: Chad McKenzie - Sports Management Director Cost: $25,000.00 Indexes: Hotel Occupancy Tax fund Attachments: Department: Sports Management and Tourism Text of Legislative File CM-2021-110 Contract approval request for the Round Rock Multipurpose Complex to host the US Youth Soccer P.R.O. Texas Tournament. Cost: $25,000-00 Source of Funds: HOT Funds City of Round Reek Page 1 of 1 ROUND ROp( TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider authorizing the 2021 US Youth Soccer National League P.R.O. Texas Events Trust Fund Application. Event to be held at the Round Rock Multipurpose Field Complex. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/28/2021 Dept Director: Chad McKenzie - Director Sports Management Cost: Indexes: Attachments: US Youth Soccer National league Department: Sports Management and Tourism Text of Legislative File CM-2021-160 This program is from the Governor's office and has the potential of reimbursing the City of projects related to Economic Development and Tourism. This application is for the upcoming US Youth Soccer National League P.R.O Texas event in November 2021. Cost: N/A Source of Funds: N/A City of Round Rock Page 1 of 1