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CM-2022-109 - 4/29/2022EVENTS TRUST FUND Application Office of the Governor Economic Development and Tourism (EDT) APPLICANT NAME: City of Round Rock APPLICANT MAILING ADDRESS: 221 E Main Street Round Rock, Texas 78664 EVENT NAME: 2022 BIG 12 Women's Soccer Championship DATE(S) OF EVENT: October 30, November 3, November 6, 2022 EVENT LOCATION (CITY): Round Rock, Texas DATE APPLICATION SUBMITTED: Mkq -3, ZOZ Z- Effective April 1, 2021 Events Trust Fund Application Event Trust Fund (ETR Maim Events Reimbursement Program WERP) 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://Pov.texas.pov/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 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@gov.texas.gov. Name of Endorsing Municipality or County: I City of Round Rock Municipality or County Contact Name: I Chad McKenzie Contact Title: I Director, Sports Management and Tourism Contact Email: j cmckenzie@roundrocktexas.gov Contact Phone Number: 1 512-218-5488 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 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 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: BIG 12 Conference Site Selection Contact Name: Dayna Scherf Site Selection Contact Title: Executive Associate Commissioner - Championships Site Selection Contact Email: dayna@bigl2sports.com Contact Phone Number: 469-524-1052 *EDT reserves the right to contact the Site Selection Organization or any other organization directly related to this event. Total Fund Amount Requested: $64,373.84 State Share: $55,494.69 Local Share: $8,879.15 *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. For 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: 2022 BIG 12 Women's Soccer Championship Event Fund/Program being applied for: (ETF, MERP, MSRTF) ETF Venue(s) of Event: Round Rock Multipurpose Complex Event Website: bigl2sports.com Date(s) of the Primary Event: Sunday October 30, Thursday November 3, Sunday November 6th Day set-up/load-in for the event will begin: Wednesday, October 26, 2022 Day take-down/load-out of the event will end: Sunday, November 6, 2022 1. 2021 Round Rock, Texas 2. 2020 - Did not conduct due to Covid Location of Event for the previous 5 years: (List most recent year first)' 2019 Kansas City 4. 2018 - Kansas City 5. 2017 - Kansas City Source of information for previous Events: Dayna Scherf & BIG12Sports.com Other locations outside of Texas considered to host the event: Kansas City Was the site selected as a part of a multi -year agreement? If yes, what years (past and future)? Yes, 3 yrs, adjusted due to Covid so 2021-2022-2023 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 fees, participation fees, or bid fees for the event?* If yes, what is the total amount of the above referenced fee(s)?* 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 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 after the event: Anticipated Daily Average Attendance at Primary Event (average of the total estimated attendance from the day(s) listed above): Anticipated Out -of -State Attendance at Primary Event: Anticipated percentage of all attendees that will be from Out -of -State: Anticipated percentage of total attendance from Round Rock October 30, November 3, November 6 1600/day 2225throughout 55% Texas, but who are visiting from outside of the 30% 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 per day Spending Rate for Shopping & Entertainment: $7.00 per day Spending Rate for Alcoholic Beverages: $4.00 per day What percentage of all attendees will consume alcoholic beverages? Spending Rate for Hotel: 25% $129.00 What percentage of all attendees will stay in hotels? 75% On average, how many people per hotel room? 2 per room Spending Rate for Car Rental: $99.00 a day What percentage of all attendees will rent cars? 30% On average, how many people per rental car? F 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 mParticipant list and list of Officials and Staff method, subject to approval, that will be used: EDT must receive the following 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 person(s) 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@oae.texas.gov Suzannah Jones —Texas Division of Emergency Management suzannah.iones@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 >v Nt.77 Name (Printed) CTn MAI-A 6it,Q, Title Date Estimated Attendance Chart for ETF Application Type of Attendee 10/30/2022 11/3/2022 11/6/2022 Athletes & Coaches 320 160 80 Officials 36 28 24 Media 25 25 25 Fans 900 1300 1900 Total Attendees: 1281 1513 2029 ROUND ROCK TEXAS ADMINISTRATION 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 Kristin Stevens Hilda Montgomery City Manager Laurie Hadley City Attorney Stephan L. Sheets The City of Round Rock is in full support of hosting the Big 12 Women's Soccer Championship October 30, November 3 & November 6, 2022 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, #�s`kCity Manager CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664 [PI 512.218.5401 . [F] 512.218.7097 . roundrocktexas.gov 1�1 March 25, 2020 Nancy Yawn Director Convention and Visitors Bureau City of Round Rock Dear Nancy, Please accept this letter as our notification of awarding the 2020, 2021 and 2022 Big 12 Soccer Championships to the City of Round Rock (Texas). The selection was based on a competitive application process which garnered bids from cities in multiple states to host the event with the City of Round Rock being selected as the site for all three years requested. Practices and games will occur at the Round Rock Multipurpose Complex with competition dates spanning November 1-8. 2020, October 31-November 7, 2021 and October 30- November 6, 2022. Set-up will begin two days prior to the start of competition in each year with practices beginning one day prior. The Big 12 thanks you in advance for all that the City of Round Rock will do to make these memorable championships for our student -athletes, member institutions and fans. Please let me know if I can provide any information or assistance. Sincerely, �0�/Alt'Aq Dayne L. Scherf Executive Associate Commissioner -Championships 000 k@ CONFsnENcE +bo Eau Jar „Cs yu ic. Fwy \ i,. +�, tx 75062 469 SPA 1600 469 $24 1044 2022 Big 12 Soccer Championship Economic Impact Study Prepared by the City of Round Rock :K TEXAS The Event The 2022 Big 12 Soccer Championship will be held on three separate competition dates at the Round Rock Multipurpose Complex in Round Rock, Texas. Teams will arrive October 29"', November 2^d, and November 51', with competition dates being held on October 301', November 3'd, and November 60,. The event will feature the top soccer players in the NCAA Division I intercollegiate athletics conference facing off in an eight -team, single -elimination bracket — with the winner moving forward to the NCAA Soccer Championships. The City of Round Rock won the bid to host the 2022 Big 12 Soccer Championship after a highly competitive bid process with other cities across the country. The 2022 event is the second year in a multi- year agreement with the Big 12. Figures 1 & 2 - Round Rock Multipurpose Complex Assumptions Assumed Total Number of Attendees The 2022 Big 12 Soccer Championship is projected to bring in an average total of 1,050 attendees, which includes participants, out-of-state, and out -of -area Texans, and local attendees. Attendee projections were based on the 2022 Big 12 Soccer Championship application, supplied by the 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 Big 12 and used to project the percentage and total numbers of attendees for the event. Event .- Out -of -State Number% of Total p.Participants 55% 578 Out -of -Area Texans 30% 315 Local Area People 15% 157 Total 100% 1,050 Other Assumptions In this study, local area spectators are not assumed to generate any new economic activity related to attending the event. These residents would likely shop in local stores and eat in local restaurants independent of the draw of the event. For this reason, they are not shown as generating any economic impact in the tables below. It is also assumed that all out-of-town and out -of -area Texan attendees will stay in Round Rock for a total of 6 days and 6 nights. Event Expenditures Projections Projected Car Rental Expenditures The estimated number of out-of-state attendees is 578. 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 231 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 October 291' — 30th, November 2"d — 3'd, and November 51" —61" have been averaged for the ten rental car companies located at the Austin -Bergstrom International Airport. This average is $99.00 per day. Projected Hotel/Motels Expenditures The average nightly hotel rate of $129.00 was obtained from 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 from their colleges and universities, this study assumes an estimate of two 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 two people per room. Note: Room nights are divided by average people per room Projected Food/Dining and Alcoholic Drinks with Meals Expenditures To project the economic impact associated with dining, buying alcoholic drinks with meals, and shopping an average spending amount of $70 per attendee was used. This estimate from the Round Rock CVB is a conservative projection based on surveys of prior local events. The $70 was divided between dining, drinking, and shopping based on the following methodology. 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 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. Projected Eligible Taxes from Direct Expenditures The table below displays the projected direct expenditures and eligible sales taxes generated by for the 2022 Big 12 Soccer Championship on October 29th —30th, November 2nd -- 3rd, and November 5w — 6th. The total projected direct expenditures resulting from the event is $823,650.60 The estimated sales tax generation is $55,494.69 in eligible state taxes and $38,604.39 in eligible local taxes. Shopping Texas Direct Tax Expenditures Rate 37,506.00 6.25% RoundProjected Rock Tax Rate 2.00% Eligible Texas Taxes 2,344.13 Round Rock Taxes 750.12 Hotels/Motels 345,591.00 6.00% 9.00% 20,735.46 31,103.19 Food/Meals(excluding drinks 316,122.00 6.25% 2.00% 19,757.63 6,322.44 Alcoholic Drinks with Meals 21,432.00 11.00% 2.00% 2,357.52 428.64 Car Rentals 102,999.60110.00%1 10,299.96 Total Eligible Ex enditures $823,650.60 $55,494.69 $38,604.39 Eligible69 t- Ad 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%. 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: 2022 Sig 12 Soccer Championship on these dates: October 30th, 2022, November 3rd, 2022 & November 6th, 2022 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 AusnN, TExAs 78711 * 512-936-0100 * Gov.TExAs.Gov .f alL Affiant Signature Title and Name of Organization The State of Texas County of (/i/I 6 11 amsm "eCA sa (a Printed Name r k , Q0 o-9 Date Before me, a Notary Public, on this day personally appeared r'e- sa /' 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 , 20 22- (PERSONALIZED SEAL) n w q, Notary Yublic, State of Texas --- (Print name of Notary Public here) My commission expires the day of M Wh , 20 POST OFFICE Box 12428 AUSTIN, TEXAS 78711 * 512-936-0100 * Gov.TExAs.Gov (;RE:(; ,\$B(Y 1, 60VI-'RNOR 01-FICE OF THL G 0 V F R N 0 R Rco\o.\ii c Dr.vu.E,oi).\1f.\,r & 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 Racing Trust Fund. I, Q A an authorized representative of City of Round Rock, a [Local Organizing Committee (nonprofit corporation), endorsing municipality or endorsing county] (circle one) ("Requestor") that is receiving funding through the Event Trust Fund, Major Events Reimbursement Program or Motor Sports Racing Trust fund ("the Act"), hereby swear and affirm that, to the best of my knowledge, the Requestor has designed and implemented internal controls, processes and procedures to help the Requestor ensure that the Requestor and its use of these funds complies with all applicable laws, rules, and written guidance from the Economic Development and Tourism Office. I further swear and affirm that I, or my duly authorized employee, representative, or agent, have reviewed the information, and that all of the statements made and information provided therein, including statements made and information provided in any attachments are true, complete, and correct to the best of my knowledge. All other information submitted as part of this request for participation is being represented by me as true and correct, and I am unaware of any information contained therein that is false, misleading, or fraudulent. Information provided includes but is not limited to: (1) A letter from the municipality or county requesting participation in the Events Trust Fund program and signed by a person authorized to bind the municipality or county; (2) A letter from the site selection organization on organization letterhead selecting the site in Texas; (3) An economic impact study or other data sufficient for the Economic Development and Tourism Office to make the determination of the incremental increase in tax revenue associated with hosting the event in Texas, including a listing of any data for any related activities; (4) An application for an Events Trust Fund program and any attachments; and (5) An Event Support Contract I understand that I am receiving funding under the Act for the purposes of facilitating this event: BIG 12 Women's Soccer Championship on these dates: Oct 30.Nov 3, Nov 6, 2022. 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 P.I1. BOX 1242K I AUSTI\, TX 78711 1 512-1}36-IJ LEW I G(W_T1:\A\.G0\' Ot2ricr, O1- IHL GOVIANOR FC0N0.%IIc; Di;.1'i-.I.OP\li.\1 &'1'OtRIS,\I GRf.G AH1 OTT GO\'I RNOR 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. C r Affiant Signature Title and Name of Organization The State of Texas County of &00� Ienr(T* Printed Name mate Z/Z2- Before me, a Notary Public, on this day personally appeared &r-W" tk6-f-L4 , known tome 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 I " , 20 Z Z r iwAONIQiIEADWAMS N y Public, State of Texas Er, My Notary ID 0 IM57913 Fires Afarch 22, 202$ (PERSONALIZED SEAL) md/�14/'60, 4-dAW - (Pri t name of Notary Public here) My commission expires the 22� day of ElkltcA 20 2—(0 P O- RO\ 12428 1 AUSTIN, TN 78711 1 512-71f.-illuil 1 G(A,.'I'1:\AS-G(A f Mayor Councitmembers City Manager Craig Morgan Michelle Ly Laurie Hadley Matthew Baker ROUND ROCK TEXAS Mayor Pro -Tern Frank Ortega Kristin Stevens City Attorney AomiNnTmTioN Rene Flores Hilda Montgomery Stephan L. Sheets August 2, 2021 The Big 12 Conference, Inc. Attn. Bob Bowlsby 400 East Jahn Carpenter Freeway Irving, TX 7SO62 Mr. Bowlsby, On July 30, 2021, Laurie Hadley, Round Rock City Manager executed a License and Host Agreement with The Big 12 Conference, Inc. for 2021, 2022 and 2023 Big 12 Soccer Championship to be held at the Round Rock Multipurpose Complex. Enclosed are two executed original agreements. Please sign both agreements and return one using the enclosed self-addressed envelope. You may keep the other agreement for your records. If you have any ' questions, please contact me at 512-218-3234. z rely,que Ada Assistant to the City Manager Enclosure - CM-2021-209 CITY OF ROUND ROCK 221 East Main Street, Round Rock, Texas 78664 [P] 512.218.5401 . IF] 512 218.7097 . roundrocktexas.gov THE BIG 12 CONFERENCE SOCCER CHAMPIONSHIP License and Host Agreement This License and Host Agreement (the "Agreement") is made this 3� ay of , 2021 (the "Effective Date"), by and between the City of Round Rock, Texas (the "Host" , a Te s home -rule municipality having offices at 221 East Main Street, Round Rock, Texas 78664, the Round Rock Multipurpose Complex ("Venue") owned and operated by the City and located at 2001 North Kenney Fort Boulevard, Round Rock, Texas 78665, and The Big 12 Conference, Inc., a Delaware corporation, having its principal place of business at 400 East John Carpenter Freeway, Irving, TX 75062 (hereinafter called the "Conference"). Premises. Tenn and Use_ a. Upon the terms, covenants, and conditions contained in this Agreement, Host grants to the Conference, and the Conference accepts from Host a right for the Conference to use and occupy the Round Rock Multipurpose Complex, located at 2001 North Kenney Fort Boulevard, Round Rock, Texas 78665 (the "Venue"} during the 2021, 2022 and 2023 dates set forth below, for the purpose of holding and presenting the Big 12 Soccer Championship in each of 2021, 2022 and 2023 seasons (each, an "Event", and together the "Events"). For purposes of this Agreement, "Term" will mean the period from the Effective Date through the date that is 45 days after the last Event Day. b. During the dates set forth below (collectively, the "Event Dates"), the Host will not permit the use of the Venue by anyone other than representatives of the Conference and its member institutions (which may vary during the Term of this Agreement) and their invitees; such individuals may access and use the Venue for the purpose of setting up for, practicing for, conducting, and viewing the Big 12 Soccer Championship. The current format for the championship follows. The Conference reserves the right to adjust the format and Event Dates as needed; any and all adjustments to the Event Dates will be made in conjunction with the Host and will depend on the availability of the Venue. 2021 SCHEDULE Friday, October 29 .- Set-up Saturday, October 30 - Practices Sunday, October 31- Quarterfinals (Monday, November 1 No activity) (Tuesday, November 2 - No activity other than set-up needs) Wednesday, November 3 - Practices Thursday, November 4 - Semifinals Friday, November 5 - Practices Saturday, November 6 Practices Sunday, November 7 - Championship 2022 SCHEDULE Friday, October 28 Set-up Saturday, October 29 _ Practices Sunday, October 30 - Quarterfinals (Monday, October 31 - No activity) (Tuesday, November I - No activity other than set-up needs) 2021-2022-2023 Big 12 Soccer Championship Page 2 - License and Host Agreement Wednesday, November 2 - Practices Thursday, November 3 - Semifinals Friday, November 4 Practices Saturday, November 5 - Practices Sunday, November 6 - Championship 2023 SCHEDULE Friday, October 27 - Set-up Saturday, October 28 - Practices Sunday, October 29 -- Quarterfinals (Monday, October 30 No activity) (Tuesday, October 31 - No activity other than set-up needs) Wednesday, November 1 - Practices Thursday, November 2 - Semifinals Friday, November 3 Practices Saturday, November 4 - Practices Sunday, November 5 - Championship C. The Conference will have the right to use space at the Venue, including, but not limited to, the synthetic turf championship field, the natural grass championship field, four synthetic turf practice fields, four natural grass multipurpose fields, four natural grass multipurpose fields, seating facilities, access areas, public address and scoreboard, sound systems, clubhouse building, press box (if available), parking areas, common areas, locker rooms located in the Clubhouse building lavatories, and meeting rooms in or about the Venue, during the Event Dates, except for such offices, mechanical areas, and other portions of the Venue as are not normally available for license, including private office space. Facility map is attached hereto as Addendum A. d. The Host and Conference have agreed to additional duties and responsibilities attached hereto as Addendum B. e. The city, state or other governing jurisdiction for the site of the Venue will have an ordinance prohibiting ticket scalping inside the Venue and on Venue property. The Host must provide the Conference, upon request, with copies of such ordinances and also the type of police power a city would use to enforce anti -scalping laws. f. Host agrees that it will not permit any third party to be entitled to hospitality, entertainment or temporary signage privileges in the Venue and surrounding areas without first having received the prior written consent of the Conference, nor will the Venue limit or prohibit the ability of the Conference to offer such hospitality, entertainment or signage to third parties. g. The Venue fields will be arranged in accordance with the NCAA Women's Soccer Rules. h. It is understood between the parties that if NCAA legislation or Conference governance groups change playing or practice dates of the regular season or championship, the Host and the Conference agree to negotiate an amendment to this Agreement with new Event Dates. 2021-2022-2023 Big 12 Soccer Championship Page 3 - License and Host Agreement Seating._ Tickets. a. The Venue will have a saleable seating capacity of at least 1500. The final seating manifest for the Events will be mutually agreed upon by the Conference and the Host to accommodate any "kill" seats that may be necessary for television, media, non- participating players, volunteers, etc. b. The University of Texas and the Conference will work together on ticket allocations and pricing for participating institutions, Conference, and the Host. Conference and the Host will work together to determine a mutually agreeable number of complimentary tickets to be used by Host to promote the Championship in the local market. C. The Host agrees that it will work together with the University of Texas to arrange and be responsible for the provision of the staff necessary to operate the Events, including the staff necessary to serve as ushers, emergency medical technicians, ambulance staff, police, security guards and supervisors (including overnight security), parking staff, score board operators, ticket takers, and box office operators for the days and evenings during which the Events are held; provided, however, that the costs associated with such staff will be charged to the Conference. d. The Host warrants that the Venue is in full compliance with all applicable city, state and Federal laws and regulations, including those concerning access and seating for the disabled and that the Venue has comprehensive security/emergency-situation plans. 3. Venue_ Space and Equipment. The Host agrees to provide the following space and specified equipment/services at the Host's expense, all subject to the approval of the Conference: a. Standard soccer equipment (e.g., goals, comer flags) and miscellaneous tables, chairs, and furniture that Venue owns and can reasonably provide; b. Gathering areas for four (4) teams to include at least four (4) equipped locker rooms, which include showers, toilets, soap, towels, etc., for use by student -athletes (If such permanent facilities are not available or acceptable to the Conference, the Conference will work with Host to develop an alternative solution to meet the needs of the Conference, which may result in an additional expense to the Conference; provided, however, that the Host will consult with the Conference before incurring additional expenses on the Conference's behalf); C. One locker room, located in the Clubhouse building, for the officials to accommodate four (4) individuals; d. Media seating for 10, equipped with sufficient power, complimentary wireless internet and a printer. An appropriate number of PTS/ISDN lines should be provided for the number of broadcasting radio stations. (If such permanent facilities are not available or acceptable to the Conference, the Conference will work with the City to develop an alternative solution to meet the needs of the Conference, which may result in an additional expense to the Conference; provided, however, that the City will consult with and obtain written approval from the Conference before incurring additional expenses on the Conference's behalf); C. Separate on -site meal areas in the Clubhouse building each day for media/staff/volunteers (up to 50 individuals); 2021-2022-2023 Big 12 Soccer Championship Page 4 - License and Host Agreement f. One warm-up field adjacent to the main stadium field for exclusive use prior to games; g. A storage and staging area for merchandise sales; h. The Host will provide a minimum of 100 complimentary parking spaces for automobiles, in prime locations, for the participating institutions, the media and the Conference, all to be assigned by the Conference as well as space for 4 team buses. In addition, the HostCity will provide appropriate parking space immediately adjacent and accessible to the Venue to accommodate truck parking for the rights -holding television network; Wireless Internet in designated media and work areas for use by Conference staff, teams and members of the media (a technician must be available beginning on the set-up day and for each Event Day); If wireless Internet is not available at the Venue, the Host must provide at its expense, wireless routers in the media work area and in the press box to support up to 50 users at l Mbps per user; An appropriate number of high-speed lines (EthernettDSL or latest technology) for Conference use based on Conference needs. One of these, located at the Conference digital network video stream location, must have 20 Mpbs dedicated upload speed. The Host must also supply other reasonable telecommunications needs as requested for the Conference for radio broadcasts and additional media use; k. The Conference will have full access to, and control of, any and all LED and other digital signage inventory (e.g., television monitors, video screens, video walls, LED fascia) and all external signage, digital and otherwise, both internal and external to the Venue, whether available on the date of this Agreement or whether they become available at a later date during the Term. The includes any and all digital inventory to available at the time of the Events, inclusive of any inventory that may be added by the Host after the Effective Date; and To the extent available at the Venue at any time during the Term of this Agreement, the Host will allow the Conference to access and to use, for no additional cost, its video boards, LED equipment, matrix boards, video camera equipment, clear com/radio communications, etc. If applicable, the Conference will provide all content displayed on the boards. To the extent available at the Venue at any time during the Term of this Agreement, the Host will allow the Conference to access and to use a full in -Venue production staff for all Event Days. In addition, if applicable, this will include access to and use of control room equipment prior to the Event for any pre -production needed, editing suites, play back equipment, video storage and editing systems at the Conference's expense. Any new technologies that the Host acquires that are not listed in the aforementioned production requirements will also be incorporated into the reference to in - Venue production (i.e. electronic scorer's tables and operators) above. 4. Electrical. The Host agrees that it will provide, at a cost to the Conference or its constituents, sufficient electric power and a sufficient number of power outlets in the designated media and broadcast areas for the operation and transmission of television and radio broadcasts, and for the operation of transmission equipment and computer terminals used by the media. There will be available: a. Electrical outlets in the media work area, to be placed on the table tops, with the minimum requirement being one outlet for every seat; 4 2021-2022-2023 Big 12 Soccer Championship Page 5 - License and Host Agreement Power requirements for television production (not including any other necessary power service inside the Venue) of 200 amps, 3-phase to each of the two semis, of 60 amps, single-phase to each of the four trailers, of 150 amps, 3-phase combined to the ten satellite links and of 150 amps, 3-phase to the television announcers' position; C. 3-phase to other areas designated by the Conference including, but not limited to, photographer work areas and the interview room. 5. Utilities and Janitorial Services. The Host agrees to provide the Venue and auxiliary space cleaned, lighted and heated or air-conditioned in a manner acceptable to the Conference; the Host will be financially responsible for all utilities and other services used in conjunction with the Events and the set-up and removal related thereto. The Host will also be responsible for cleaning and janitorial service and equipment needed during and after the Events; 6. Broadcast Rights. The Conference retains the exclusive rights to broadcast each of the Events on all media outlets, including television, radio and Internet, to record the broadcast for all uses of the Conference's choosing, to transmit game information via the Internet or other means, and to photograph the Events by means of still, videotape or other motion picture cameras. The Conference will have the sole right and authority to designate usage of all radio broadcasts, television and other media broadcasts, including social networking, digital media and other emerging technology. Host hereby represents and wan -ants that it has no Broadcast Rights (as defined below) related to any of the Events. Nevertheless, to the extent that the Host is found to hold any Broadcast Rights, the Host hereby assigns, transfers, licenses and releases all radio, television, Internet and new medialdigital distribution and broadcast rights (including the exclusive right to distribute to mobile devices and other in -Stadium viewing devices) for each Event (collectively, herein the `Broadcast Rights") to the Conference. The Conference will retain all proceeds from the license of the Broadcast Rights. The Host represents, warrants, and agrees that it has not transferred and will not transfer or attempt to transfer any Broadcast Rights for any Game to any person or entity other than the Conference, as set forth in this Section 6. 7. Intellectual Property. Nothing in this Agreement will be construed, by implication or otherwise, as a grant to Host of any right or license to the Conference's trademarks, inventions, copyrights, patents or other intellectual property (collectively, the "Intellectual Property'), or as a grant of a license to Host to use any of the Conference's Intellectual Property except as expressly set forth herein. 8. Souvenir Merchandise. Host agrees that the Conference will have the exclusive right to market and sell products licensed by the Conference ("Conference Merchandise") and Conference shall retain all revenues from the sale of Conference Merchandise. The Conference will have the right to administer all Conference merchandising at the Venue complex, both inside and outside in areas controlled by the Venue or the Host. The Conference will contract with a third party vendor (the "Conference Concessionaire") to secure merchandise and provide equipment necessary for the for merchandise transactions. Gross sales of all merchandise will run through the Conference Concessionaire. The Conference Concessionaire will be responsible for collecting and remitting sales tax to proper locations. The Host, if requested to do so by the Conference, is responsible for the following: a. Providing locked storage with 24-hour security and capacity as determined by the Conference for Conference merchandise to accommodate the appropriate number of containers of merchandise; 2021-2022-2023 Big 12 Soccer Championship Page 6 - License and Host Agreement 9. Vending. a. The Host agrees that it will operate and control all food and beverage rights and will retain all concessions revenue. b. The Host warrants that its concessionaire will provide food and beverage in all public concession stands at costs comparable to the most favorable price for other customers during other events in the Venue. C. Host agrees that the Conference and its designated representatives will have the right, with no obligation to make any payments to the Host or their concessionaires or any other third parties, to provide food and beverages of its choice in the locker rooms, Conference hospitality areas, media refreshment areas and/or other areas. d. Conference agrees that the Host will operate and control all parking lots and will retain all revenue from parking. The parking fee charged to the public will be no greater than the fees charged for the majority of other similar competitions in the Venue during the 12 months preceding the Events. e. Host agrees that the Host concessionaire may sell drinks in a souvenir drinking cup, but no commercial identification, including the concessionaire's logo, may be displayed on the cup. The artwork and cup design must be approved in advance by the Conference. If the cup includes the Conference's Intellectual Property, it must be purchased from a Conference licensee. f. Host agrees that the Conference and its designated representatives will have the right to provide cups, water coolers, other equipment and/or signage on or adjacent to the field. If furnished by the Conference, those items will be provided at the Conference's expense. The Conference will endeavor to notify the Host no later than 3 months in advance if it intends to provide these materials. 10. Adverlisinit, Si ns Decorations Commercialism. a. Conference agrees that existing permanent advertising, banners, signs or displays may remain in place, unless they advertise products or services prohibited by the Conference or the NCAA. However, the Host agrees to make reasonable efforts to cover permanent advertising, banners, signs or displays if feasible. The Host represents and warrants that all of the permanent advertising, banners, signs and displays (the "Permanent Advertising Signs") are listed on Addendum C to this Agreement. b. Host agrees that, other than the Permanent Advertising Signs, no promotional, public relations, political or advertising activity will be permitted inside or around the Venue during the time the Venue is licensed to the Conference without the express written approval of the Conference. C. Host agrees that, except for use by the Venue in the event of an emergency, the Conference will have the sole, exclusive and complete control over the video (if any), sound and public address systems and all other audible or visible information or communication systems in the Venue. 6 2021-2022-2023 Big 12 Soccer Championship Page 7 - License and Host Agreement d. Host agrees that promotional items (e.g., cups, shakers, flags, signs) with commercial slogans or identification are not permitted inside the Venue, or outside on Venue property. Items such as newspapers, handbills, flyers, memorabilia, t-shirts, caps, etc. (except products sold by the Conference or its agents), may not be distributed on the premises. Demographic studies may not be conducted unless approved by the Conference. C. The Host agrees that the Venue may not have temporary promotional displays (e.g., automobiles, commercial kiosks) of any kind during the Events, whether inside or outside of the Venue in areas controlled by the Venue. Host agrees that the Conference and its designees will be entitled to distribute promotional items, including, but not limited to, product samples. The Conference will notify the Venue in advance of all items to be distributed. The Conference will consider requests by the Venue to limit product sampling based on the Venue's pre-existing contractual obligations to third parties. g. The Host agrees that the Conference will have the right to display temporary advertising for the Conference's corporate partners inside and around the Venue. h. Host agrees that in the event the Conference sells title or presenting sponsor rights to the Event, it will utilize the full and proper Event title in all advertising and promotion of the Event. The Conference has the right to review and approve any temporary signage or advertising that the Host and Venue create which bear the Conference's or its member institutions' Intellectual Property, 11. Financial Arrangements. a. The Conference is entitled to 100% of "net ticket proceeds". For purposes of this Agreement, "net ticket proceeds" will mean gross ticket revenue, less applicable taxes. No facility fee will be charged to either single -session or multi -session tickets. Institution will provide the Conference with an audited box office statement detailing the number of tickets sold upon completion of each Event. b. In consideration for the use of the Venue and the other obligations of the Host set forth herein, the Conference will pay to Host a rental fee of $9,500 which shall not increase more than 10% annually. In addition, the reasonable, normal and ordinary expenses related to the Event, including any expenses associated with the temporary structures or amenities that are reasonably required for the Event, will be paid for by the Conference, unless otherwise specified in this Agreement. C. The Host agrees that the financial settlement with the Conference will occur no later than 45 days after conclusion of each Event. d. Conference will select and compensate directly persons serving as officials and in other skilled positions who are related directly to the execution of the Event. e. Host will provide a sufficient security staff comparable to the security staff used for other comparable events in the Venue. 2021-2022-2023 Big 12 Soccer Championship Page 8 - License and Host Agreement 12. Bleachers and Other Costs. As consideration for the rights and benefits granted herein, and provided that the Conference is in compliance with all terms of this Agreement, the Host shall purchase the following: a. Bleachers. Bleachers to be installed at the sole cost and expense of the Host at the Venue as required by the Conference to host the Event, at specifications set forth in the bid package submitted by the Host to the Conference. Said bleachers are estimated to cost $90,000.00. b. Other Costs. The Host shall be responsible for all costs associated with the premiums or other expenses related to the Host's on -site promotions. The Host shall also be solely responsible for all costs associated with the production of Host's own promotional materials to be distributed on -site. The Host shall endeavor to ensure that all Host advertising and promotion complies with all applicable laws, rules and regulations. 13. Control of Premises. In providing the Venue, the Host does not relinquish the right to control the management of the Venue or to enforce all necessary and proper rules for the management and operation of the Venue. The Host, through its managers, police officers, firefighters, and other designated representatives, has the right at any time to enter any portion of the Venue for any purpose, and the entire Venue is at all time under the charge and control of the Host, provided this will not authorize or empower the Host to direct the conduct of the Event. Following consultation with the Conference, the Host has the right to close the Venue at any time it reasonably deems continued occupancy would be hazardous. 14. Assignment or Transfer. No party may assign, transfer or sublet this Agreement, in whole or in part, without the express prior written consent of the other parties. is. Removal of Di orderl Pe ns. The Host retains the right, with its officers and agents, including police officers, to eject any disorderly person or persons from the Venue. The Host agrees to indemnify and hold harmless the Conference, its officers, employees and agents from and against any and all claims, demands, causes of action, liabilities, costs and attorneys' fees, arising out of actions of the Host in ejecting any such persons. 16. lndernni a. Host will indemnify and hold each of the Conference and the Conference's member institutions, directors, officers, employees, agents and representatives harmless from any and all suits, claims, demands, damages, liabilities, costs, expenses and attorneys' fees arising out of (i) any act or omission of Host of the rights granted to it pursuant to this Agreement, and (ii) personal or bodily injury to or death of persons or damage to the Venue to the extent caused by the negligent acts, errors and/or omissions or the willful misconduct of the Host or its officers, directors, agents, employees, or subcontractors, provided that the Conference will notify the Host within a reasonable time of any such claim or litigation to which this indemnity will apply. b. The Conference will indemnify and hold Host harmless from any and all suits, claims, demands, damages, liabilities, costs, expenses and attorneys' fees arising out of (i) the exercise by the Conference of the rights granted to it pursuant to this Agreement and (ii) personal or bodily injury to or death of persons or damage to the Venue to the extent caused by the negligent acts, errors and/or omissions or the willful misconduct of the Conference or its officers, directors, agents, employees, or subcontractors, provided that Host will 8 2021-2022-2023 Big 12 Soccer Championship Page 9 - License and Host Agreement notify the Conference within a reasonable time of any such claim or litigation to which this indemnity will apply. 17. Labor. If and to the extent work is necessary to prepare the configuration of the Venue for the Event, including but not limited to the erection of media tables, the hanging of signs, application of decals, then such work will be performed by Host at its sole expense. 18. Insurance. The Host will be responsible for procuring and maintaining comprehensive general liability insurance covering the Host, the Conference and the participating institutions from an insurance carrier with an A.M. Best rating of A (excellent), V1I, or better, against claims arising out of or in connection with the performance of this Agreement for bodily injury or property damage with combined single limits of at least $5,000,000 per occurrence. Not less than 60 days prior to the start of each Event, the Host will furnish to the Conference a certificate of insurance evidencing such coverage and listing the Conference as an additional insured. 19. Notice. All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given will be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: If intended for the Host, to: Laurie Hadley City Manager 221 East Main Street Round Rock, TX 78664 With a copy to: Stephan Sheets City Attorney 309 East Main Street Round Rock, TX 78664 If intended for the Conference, to: Mr. Bob Bowlsby Commissioner The Big 12 Conference, Inc. 400 East John Carpenter Freeway Irving, TX 75062 With a copy to: Kelvin Smith Executive Associate Commissioner and General Counsel The Big 12 Conference, Inc. 400 East John Carpenter Freeway Irving, TX 75062 E-mail: ksmith(a)bial2sports.com 9 2021-2022-2023 Big 12 Soccer Championship Page 10 -License and Host Agreement 20. Destruction of Venue; Weather. In the event the Venue is unavailable due to severe weather events or is destroyed or damaged to such an extent that the scheduled event may not proceed therein at the time provided for herein and said damage or destruction is caused by any instrumentality, other than by the active fault of the Conference and its agents, then Host agrees to exercise its best efforts to assist with the relocation of the championships, with the final authorization of any new location to be subject to Conference approval. 21. No Partnership. Host acknowledges that it is an independent contractor and agrees that the relationship created by this Agreement is not and will not be a joint venture or partnership. 22. No Waiver. No waiver by Host or the Conference of any default or breach of any covenant, condition, or stipulation herein contained will be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 23. Choice of Law and Mandatory Venue. The parties agree that this Agreement will be construed, interpreted, and enforced in accordance with the laws of the State of Texas, without regard to conflict of law or choice of law principles or statutes. The parties agree that any and all disputes arising out of or relating to this Agreement will be exclusively brought in a state court of competent jurisdiction in Dallas County, Texas. 24. Severability. In case any one or more of the provisions contained in this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 25. Host's Representation, The Host represents and warrants that: a. It has full power and authority to enter into and perform its obligations pursuant to this Agreement, that it will fully and timely perform all such obligations, and that the obligations imposed on the Host hereby do not and will not place Host in breach of any obligation to any third party; b. Without limiting the foregoing, it has the right to provide and allow the use of the Venue, parking lots and other surrounding areas and offsite parking lots as may be identified in the terms and conditions as set forth herein; C. Each of the Host and the Venue are and will remain in full compliance with all applicable city, state and federal laws and regulations during the Term of this Agreement, including the Americans with Disabilities Act and any other laws concerning access and seating for the disabled, and Host has a comprehensive security/emergency-situation plan for the Venue; d. There is no local, city, or state order, rule, law, or regulation that is effective or is scheduled to become effective prior to or during the Games that discriminates or could be perceived to be discriminatory against any protected segment of the population, including, but not limited to, the LBGTQ community; e. Its signatory hereto has full power and authority to enter into this Agreement on behalf of and to bind Host; and 10 2021-2022-2023 Big 12 Soccer Championship Page 1 l - License and Most Agreement f. The Venue, parking lots and surrounding areas will be in a reasonable and safe condition. The Conference retains the right to inspect the Venue and parking lots and to require reasonable changes prior to, and as a condition of, commencement of the Events, but the Conference assumes no duty to see that the Venue and parking lots are safe. 26. Entire Agreement. This Agreement contains the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties hereto attached to and made a part of this Agreement. 27. Default. The failure of the Host to make any payment to the Conference specified herein when due will entitle the Conference to terminate this Agreement upon 10 days written notice. Without limitation upon the foregoing, if either the Conference or the Host fails to perform any of the terms or conditions of this Agreement and such failure or breach will not be cured within 10 days after the giving of written notice thereof, the other party will have the right to terminate this Agreement, without prejudice to the right to compensation for loss or damages thereby sustained; provided however, that, in the event a party may suffer irreparable harm as a result of the other parry's breach, it will not be required to give notice or wait any period of time before pursuing any remedies hereunder or under applicable law). In addition, if a municipal, city, state, federal or other order, rule, law, or regulation becomes effective and is applicable to the Venue specifically or to the city in which the Venue is located during all or any portion of the Term that discriminates or could be perceived to be discriminatory against, or otherwise provides for disparate treatment of any segment of the population, including, but not limited to, the LBGTQ community (including, but not limited to, any legislation impacting the right of a transgender person to use the bathroom facilities that align with their gender identity), the Conference may, in its sole discretion, terminate this Agreement, immediately following the delivery of written notice thereof to the Host, and the Conference will have no further obligation, financial or otherwise, to the Host. This Agreement will terminate immediately by any party to this Agreement in the event that the other party to this Agreement is the subject of bankruptcy or insolvency. 28. Final Execution. This Agreement will not be binding upon the Conference unless and until it is duly executed by the Commissioner of the Conference or his designee. (SIGNATURE PAGE FOLLOWS] Summary of Addendurns to this Agreement to be Provided bX-Host Addendum A Facility Map; Addendum B Duties and Responsibilities; Addendum C Permanent Advertising Signs; and IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written THE BIG 12 CONFERENCE, INC. Signed: Print Name: Bob Bowlsby Title: Commissioner CITY OF ROUND ROCK, TEXAS Signed: Print Name: Laurie Hadley Title: City Manager 2021-2022-2023 Big 12 Soccer Championship Page 2 - License and Host Agreement ADDENDUM A Facility Map FIELD LAYOUT 2021-20222-2023 Big 12 Soccer Championship Page 3 - License and Host Agreement ADDENDUM B Duties and Responsibilities University of Texas *not a Party to this Agreement Ticket Operations Medical (except ambulance) Security (non -police) Merchandise Game Operations (team focused) Staff soccer positions, volunteers Round Rock (' the Host") Facility Set -Up and Equipment Install Signage Game Operations (facility focused) Grounds Crew Police Ambulance Ball Kids Big 12 Conference ("Conference') Credentials Awards Catering Officials Photographer Script Order Signage Television / Video All Marketing 2021-2022-2023 Sig 12 Soccer Championship Page 4 - License and Host Agreement ADDENDUM C Permanent Advertising Signs — 2020, 2021 & 2022 Big 12 Soccer Championship Tournaments [Host to list here] City of Round Rock ROUND ROCK -Exs Agenda Item Summary Agenda Number: Title: Consider executing with the Off.ce of the Governor Economic Development and Tourism for Events Trust Fund Program, 2022 Big 12 Women's Soccer Championship at Round Rock Multipurpose Complex. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/29/2022 Dept Director: Chad Mckenzie Cost: Indexes: Attachments: CMAF Big 12 Women Soccer, ETF Application packet - 2022 BIG 12 Women's Soccer Championship Oct 30,Nov 3, Nov 6.docx Department: Sports Management & Tourism Text of Legislative File CM-2022-109 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 2022 BIG12 Women's Soccer Championship Oct 30, Nov 3, and Nov 6, 2022. Cost: NA Source of Funds: NA City of Round Rock Page I of I