PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.G
SUBJECT/TITLE:
AGREEMENT WITH AMPSURF FOR THE TITLE SPONSORSHIP OF THE ISA
WORLD PARA SURFING CHAMPIONSHIP
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an agreement with the Association of Amputee Surfers for the Title Sponsorship of the ISA World Para Surfing Championships, in an amount not to exceed $175,400, and appropriating related budget adjustments in Fiscal Year 2023.
BACKGROUND:
Surfing is one of the major themes of the City’s “Classic California” branding strategy. To support this brand in the past, the City has sponsored several surfing competitions including Billabong’s “Still Frothy” and the Pismo Beach Open hosted by the World Surfing League. Due to the marketing success of and the enjoyment from spectators at previous athletic events held in Pismo Beach, the City has been looking for another “off season” major event to sponsor that would support the brand and be enjoyable for residents to experience.
With that goal in mind, in 2021, the City partnered with the Association of Amputee Surfers (AmpSurf) to act as the Title Sponsor of the 2021 International Surfing Association World Para Surfing Championships (ISA WPSC), an arrangement which offered the City an excellent marketing opportunity, created minimal additional workload for staff, and generated revenue in the form of sales tax and Transient Occupancy Tax, while providing a low-impact event for the City’s residents to enjoy. Considering the success of the 2021 event, staff now recommends that the City Council authorize the hosting of the event, including providing funding for the Title Sponsorship, again in 2022.
First Pismo Beach ISA World Para Surfing Championship Hosted by AmpSurf 2021 The International Surfing Association (ISA) has taken an active role in the development and advancement of Para Surfing to create a global platform for universal access to the sport and enable Para Surfers the opportunity to achieve sporting excellence and inspire others. Since 2015, the ISA has hosted the ISA World Para (Adaptive) Surfing Championship, and each have been the largest international Adaptive Surfing World Championship to date. The 2015 Adaptive Surfing Championship included 69 competitors from 18 nations and in 2018 the event featured 120 athletes from 24 nations. This world championship has created a stage for surfers with disabilities to display their talents in world-class competition.
The Association of Amputee Surfers (AmpSurf), a 501(c)(3) non-profit organization established to Promote, Inspire, Educate, and Rehabilitate (PIER) all people with disabilities and their families through Adaptive Surf Therapy and other outdoor activities, is an organization the City has long enjoyed a positive relationship with. AmpSurf Council Agenda 6-21-2022 12.G-1
contacted the City in early 2021 about an opportunity for the City of Pismo Beach to be the Title Sponsor of the 2021 International Surfing Association World Para Surfing Championships (ISA WPSC), and staff obtained the City Council’s approval to provide the necessary funding.
On December 4–12, 2021, the first Pismo Beach ISA World Para Surfing Championship Hosted by AmpSurf was held in Pismo Beach. The event brought in 24 international teams, 134 athletes, and 175 support staff lodging rooms per night. The event ran for 10 nights. Overall, the event was a big success.
Benefit to the City from First Pismo Beach ISA World Para Surfing Championship The title sponsorship afforded the City many benefits, including:
World-class marketing opportunity for Pismo Beach
Off-season 14-day event
Advancing the Classic California Brand
Low impact on the City of Pismo Beach and City staff
Fun event for the residents to come watch
Support Destination Management Strategy of Equity Diversity and Inclusion Support from Conference and Visitors Bureau Board, Pismo Beach Hospitality Association, and Chamber of Commerce
Supports sales tax revenues in the downtown during holidays Announcement of possible Para Surfing in LA 2028 Para Olympics
Economic Return from First Pismo Beach ISA World Para Surfing Championship The financial results were impressive, generating over an additional one million dollars in lodging revenue compared to 2019 and 2020. Financial results were determined using same-day year-over-year comparisons using Smith Travel Research Inc. (STR) research information. 2019 was used as the base year for comparison due to it being before the COVID-19 pandemic began. In Table 2 below, Citywide Rooms Revenue represents gross room revenue for all properties that report to STR; Transient Occupancy Tax (TOT) represents the tax collected on the room revenue; LBID represents Lodging Business Improvement District (LBID) Assessment revenues at 1% of gross rent; and LBID 2 represents the LBID 1% assessment for physical improvements. The results show that an LBID offseason investment of $129,000 produced a sizeable $141,879 in TOT, LBID and LBID2 assessments to the City. These results show that having the Pismo Beach ISA World Para Surfing Championships provided a return on investment on top of the benefits to the City listed above.
Table 1: First Pismo Beach ISA World Para Surfing Championship Investment
Description Amount
Title Sponsor $75,000
Marketing 25,000
ISA Rooms 29,000
Total $129,000
Council Agenda 6-21-2022 12.G-2
Table 2: First Pismo Beach ISA World Para Surfing Championship Return on Investment
2021 2020 2019 2021 vs
2019
Citywide Rooms
Revenue $1,970,723 $809,588 $952,626 $1,018,097
TOT $216,779 $80,958 $95,262 $121,517
LBID $19,707 $8,095 $9,526 $10,181
LBID 2 $19,707 $8,095 $9,526 $10,181
Total $256,193 $97,148 $114,314 $141,879
Proposed Second Pismo Beach ISA World Para Surfing Championship Based on the positive exposure of Pismo Beach to the surfing community, the marketing benefits of an international audience that fits with the City’s vision to provide a world-class destination, and the economic return plus future projected returns from this exposure, Pismo Beach staff entertained discussions for another ISA World Para Surfing Championship event.
In April 2022, AmpSurf completed negotiations with ISA to hold the ISA World Para Surfing Championships in Pismo Beach once again. AmpSurf has met with staff and again asked if Pismo Beach would like to participate as the Title Sponsor for the event to be held in Pismo Beach from November 30 to December 14, 2022. The upcoming event is scheduled to have 40 international teams, 200 athletes, 200 support staff and 35 ISA representatives. This date is a time of year where lodging properties and City staff have capacity and there are no other major events in the City. This adds 6 additional nights as compared to 2021 and adds additional rooms, creating greater revenue from each team and participants.
On May 8, 2022 staff sent to all lodging properties a request for proposals (RFP) for AmpSurf the Host Sponsor. The RFP sought two types of proposals: the first for accommodating the International Surfing Association, and the second for accommodating international teams and participants who would be attending, in accordance with particular requirements.
On May 20, 2022, AmpSurf received the lodging properties’ proposals and selected the ISA hotel, Inn at the Pier, and hotels that will offer rooms for the teams and participants.
Proposed Agreement with AmpSurf
An agreement has been drafted (Attachment 1.A) that outlines the City’s support for the event and the financial commitments of the City. The agreement will also stipulate the Council Agenda 6-21-2022 12.G-3
benefit and exposure the City gets from hosting the event. Specifically, the City will agree to pay AmpSurf up to $175,400, including:
$75,000 as a pass-through payment which AmpSurf will pay to ISA for the title sponsorship. ISA uses the title sponsorship money to staff 35 employees, provide judging, purchase trophies, coordinate the competition brackets, provide announcers, stream video, and sanction the event. This payment would be made in one payment upon execution of this agreement.
$25,000 for additional marketing services payable to AmpSurf upon receipt of invoice directly from AmpSurf to support costs for production of a livestream webcast of the event as well as global marketing and media campaigns on endemic media including Surfline, Magicseaweed, and the Inertia.
$25,000 to AmpSurf to coordinate the entire 14-day event. This includes:
1. Working directly with the ISA following all contractual requirements to sanction the event
2. Running Clinics for Para Surfing participants
3. Coordination of ISA and International team and participant rooms
4. Organizing and training 300 volunteers
5. Holding local organizing meeting with City Special Events Committee staff and downtown merchants
6. Hiring and training of two event coordinators
7. Set-up and ordering of all tents, staging, sound, projection seating,
8. Breakdown of the event
9. Obtaining vendors
10. Organizing opening and closing ceremonies, and
11. Providing Adaptive Surf Therapy services.
Up to $50,400 of in-kind support, including the City providing direct support to the host hotel for hotel accommodations.
The total compensation, including the value of in-kind services, shall not exceed $175,400. The Lodging Business Improvement District (LBID) / Conference & Visitors Bureau Advisory Board and the Pismo Beach Hospitality Association unanimously endorsed the event using LBID Fund available fund balance to support the event.
Projected Benefit to the City of a Second Proposed Title Sponsorship The potential of having the event back in 2022 creates more exposure for Pismo Beach as a world-class surfing destination. During 2021, the COVID-19 pandemic had limited the number of international competitors that could travel to the US compete. The second proposed event will have up to 40 International teams as compared to 30 in 2021. This will not only increase the size of the event but will help for marketing to drive increased lodging to the City during the off-season leading up to Christmas. The event will provide all of the benefits that were enjoyed in 2021 with the addition of the event being six additional nights. This is an extra week of over 500 rooms per night during the off season.
This event, once recognized as a Para Olympic entry into the 2028 Olympics in Los Angeles, will create world recognition. The City is in competition for this event with Australia and El Salvador. The City will not only be using the $25,000 for marketing on Council Agenda 6-21-2022 12.G-4
the surfing channels required by ISA but will be building its winter campaign around the event, bringing in visitors from outside the 4-hour driving radius and building awareness of Pismo Beach throughout the US and the world.
Projected Economic Return to the City of a Second Title Sponsorship In order to determine the projected economic return to the City of a second proposed Pismo Beach ISA World Para Surfing Championship, the City used 2019 as its base year.
By doing so staff can make a comparable return on investment to 2021. Staff is expecting that the City’s lodging businesses will once again increase rooms sold and increase overall rooms revenue over both 2019 and over last year’s event in 2021. The reason for this increase is the additional nightly rooms revenue due to the event being extended for six nights. The City will also have an additional two months to advertise the event due to an earlier contract agreement as compared to 2021. The results below were created by taking the results for 2021 and adding the additional rooms revenue that would be generated due to the increase in team rooms and participants and the additional room nights. Overall, the investment for the 2022 Pismo Beach ISA World Para Surfing Championship will be $175,400. This is up $46,400 more than 2021 due to additional rooms for the ISA to stay an additional six nights and to hire Amp Surf as the event coordinator. For this additional investment the 2022 event is proposed to generate an additional $1,618,074 over year 2019 and $599,977 over 2021. When looking at the total return on investment of $ 219,877 from TOT, LBID and LBID2, this demonstrates that this is a good financial investment, on top of the other projected benefits listed above.
Table 3: Proposed Second Pismo Beach ISA World Para Surfing Championship Investment
Description Amount
Title Sponsor (pass-through Payment to ISA) $75,000
Marketing 25,000
Administration of Event 25,000
In-kind support to Host Hotel 50,400
Total $175,400
Table 4: Proposed Second Pismo Beach ISA World Para Surfing Championship Return on Investment
2022 2021 2020 2019 2022 vs 2019
Citywide
Rooms
Revenue
$2,570,700 $1,970,723 $809,588 $952,626 $1,618,074
TOT 282,777 $216,779 $80,958 $95,262 $187,515
LBID 25,707 $19,707 $8,095 $9,526 $16,181
LBID 2 25,707 $19,707 $8,095 $9,526 $16,181
Total $334,191 $256,194 $97,149 $114,315 $219,877
Council Agenda 6-21-2022 12.G-5
Conclusion and Recommendation
Staff recommends the City Council adopt a resolution (Attachment 1) to authorize the City Manager to enter into an agreement with AmpSurf for the Title Sponsorship of the ISA World Para Surfing Championship hosted by AmpSurf, in an amount not to exceed $175,400, and appropriating related budget adjustments in FY 2023.
FISCAL IMPACT:
The fiscal impact of approving the attached resolution is $175,400, including $125,000 of direct support to AmpSurf and $50,400 of support to the host hotel.
The $125,000 of direct support includes $75,000 for the Title Sponsorship, $25,000 for Marketing Contributions to offset costs for production of a livestream webcast of the event as well as global marketing and media campaigns on endemic media including Surfline, Magicseaweed, and the Inertia and $25,000 paid to AmpSurf for additional management and coordination services.
The $50,400 of in-kind support to AmpSurf includes support for lodging accommodations.
The City will pay $50,400 directly from the City to the host hotel.
Staff recommends that Council appropriate $175,400 in the LBID fund contributions account to support this agreement from the LBID Fund available fund balance in FY 2023.
The LBID Fund has sufficient funds to support this event.
ALTERNATIVES:
1. Do not approve the agreement.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: ISA Agreement
Submitted by: Meeting Date: June 21, 2022
Gordon Jackson, Director of Tourism and Events
City Manager Approval:
Council Agenda 6-21-2022 12.G-6
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE ASSOCIATION OF AMPUTEE SURFERS FOR THE TITLE
SPONSORSHIP OF THE ISA WORLD PARA SURFING CHAMPIONSHIPS, IN AN AMOUNT NOT TO EXCEED $175,400, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023
WHEREAS, the City of Pismo Beach and the Association of Amputee Surfers (AmpSurf) partnered successfully to have the 2021 ISA World Para Surfing Championship hosted in Pismo Beach and to have the City act as the Title Sponsor for the event; and WHEREAS, in consideration of the success of the previous event, staff recommends that the City host, and act as the Title Sponsor of, the 2022 ISA World Para Surfing Championship, which is projected to bring even greater revenue; and WHEREAS, the Special Events Committee has reviewed the event and determined that it meets the criteria of being held in the events offseason, supporting the City’s brand, having a low impact on residents, and not overburdening City staff; and WHEREAS, the Lodging Business Improvement District (LBID)/ Conference & Visitors Bureau Advisory Board and the Pismo Beach Hospitality Association unanimously endorsed the event using LBID Fund available fund balance to support the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with the Association of Amputee Surfers (AmpSurf) for the Title Sponsorship of the ISA World Para Surfing Championships (Exhibit A), for an amount not to exceed $175,400.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $175,400 in the LBID Fund contributions account to support this agreement using LBID Fund available fund balance in Fiscal Year 2023.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 6-21-2022 12.G-7
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-21-2022 12.G-8
Attachment 1
PROMOTION SPONSORSHIP AGREEMENT
2022-24 Pismo Beach ISA World Para-Surfing Championships
This PROMOTION SPONSORSHIP AGREEMENT (the “Agreement”) dated as of this 21st day of June, 2022, is entered by and between THE CITY OF PISMO BEACH, (the “City”) and the ASSOCIATION OF AMPUTEE SURFERS, a California non-profit public benefit corporation (“AMPSURF”).
RECITALS
WHEREAS, the City is desirous of increasing the economic well-being of the City through tourism development; and
WHEREAS, AMPSURF was established to promote, inspire, educate, and rehabilitate all people with disabilities and their families through adaptive surfing and other outdoor activities; and
WHEREAS, City has determined that sponsoring and promoting visitor-serving activities such as the Pismo Beach ISA World Para-Surfing Championships (“Event”) is in the best interest of visitors to the City who stay in lodging properties within the City; and
WHEREAS, City has elected to sponsor the Pismo Beach ISA World Para- Surfing Championships as a matter of public benefit for visitors to the City who stay in lodging properties within the City; and
WHEREAS, the parties hereto wish to memorialize the terms and conditions under which City will provide sponsorship funds for the 2022 Pismo Beach ISA World Para-Surfing Championships.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. Scope of Services. AMPSURF shall perform the services and activities as described in Exhibit “A”, which is incorporated herein by this reference.
2. Compensation. For services rendered by AMPSURF to City pursuant to paragraph 1 of this Agreement, the City agrees to pay AMPSURF a sponsorship sum as follows:
(a) Seventy-Five Thousand Dollars ($75,000) for the title sponsorship to be paid in one payment made payable to the International Surfing Association (“ISA”) not later than July 1, 2022.
(b) A one-time payment to AMPSURF in the amount of Twenty-Five Thousand Dollars ($25,000) to be paid not later than July 1, 2022 to provide Adaptive Surf Therapy services and to provide management of the Council Agenda 6-21-2022 12.G-9
Attachment 1A
event local organizing committee, staffing of the event and local promotion and fundraising, including:
Working directly with the ISA following all contractual requirements to sanction the event,
Running Clinics for Para Surfing participants,
Coordination of ISA and International team and participant rooms, Organizing and training 300 volunteers,
Holding local organizing meeting with City SEC staff and downtown merchants
Hiring and training of two event coordinators,
Set up and ordering of all tents, staging, sound, projection, seating, breakdown of the event,
Breakdown of the event,
Obtaining vendors,
Organizing opening and closing ceremonies,
Providing Adaptive Surf Therapy services
(c) A one-time payment to AMPSURF in the amount of Twenty-Five Thousand Dollars ($25,000) for additional global marketing services, endemic media, and event live-streaming, to be paid upon City’s receipt of an invoice for such services from AMPSURF.
(d) The City shall provide in-kind hotel accommodations through payment directly to the Event hotel, the Inn at the Pier, consisting of twenty rooms for fourteen nights at the maximum nightly rate of $180 per night, for a maximum Fifty Thousand Four Hundred Dollars ($50,400.00) each year.
The hotel accommodations shall be provided and include the following:
1) Walking distance to Event site.
2) Meeting rooms for Manager’s Meeting, Event Registration and classification space.
3) 20 complimentary hotel parking spots for ISA Staff and VIPs. 4) Registration office for three days prior to start of the Event with WiFi, electrical power, and chairs/tables, as well as a private space or room for athlete classification as specified and approved by the ISA.
5) Breakfast for ISA staff during the Event provided at the hotel location to include eggs, bacon, yogurt, fruit, and oatmeal. (e) In light of the public benefit obtained through the City’s sponsorship of the event, City shall waive the permit fees associated with the special events permit that AMPSURF shall be required to obtain to conduct the Event.
3. Indemnification
3.1 To the fullest extent permitted by law, AMPSURF shall indemnify, defend with counsel of City’s choice, and hold harmless City, its elective and appointive boards, commissions, officers, agents and employees (collectively, “City Parties”), from any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including tax liability, attorneys’ Council Agenda 6-21-2022 12.G-10
Attachment 1A
fees and costs) in connection with, arising out of, or in any way related to the Event (collectively, “Claims”) arising, directly or indirectly, from the acts, omissions, negligence or willful misconduct of (i) AMPSURF or its employees, representatives or agents, (ii) International Surfing Association, (iv) athletes participating in the Event, and/or (v) any third party. The City Parties shall not be deemed to have waived any right against AMPSURF that they may have by reason of the aforesaid indemnity, because of the review, comment or approval by the City Parties of any plans, permits or other actions relating to the Event.
AMPSURF’s indemnity obligations under this section shall survive the expiration or termination of this Agreement.
3.2 AMPSURF shall be responsible for work and for persons or entities engaged in work, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The City shall not be responsible for any work other than work related to performing the services and activities described in Exhibit B.
AMPSURF shall be responsible for any and all disputes arising out of its contracts for the Event, including but not limited to payment disputes with contractors and subcontractors. The City will not mediate disputes between AMPSURF and any other entity concerning responsibility for performance of work relating to the Event.
4. Insurance. AMPSURF shall take out and maintain Commercial General Liability and Workers’ Compensation Insurance as follows:
4.1 Commercial General Liability policy in the amount of One Million Dollars ($1,000,000) combined single limit, or such other policy limit as City may approve at its discretion, including contractual liability, as shall protect AMPSURF and City from claims for damages arising from or in any way related to the Event.
Such policy or policies shall be written on an occurrence basis. The commercial general liability policy hereunder shall name the City Parties as additional insureds through endorsement. Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
AMPSURF shall furnish City with a certificate of insurance evidencing the required insurance coverage and a duly executed endorsement evidencing such additional insured status. The certificate shall contain a statement of obligation on the part of the carrier to notify City and City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. In the event the carrier will not agree to provide such notice, AMPSURF shall provide written notification to City of any material change, cancellation or termination of coverage at least 30 days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by AMPSURF shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policies shall contain a Council Agenda 6-21-2022 12.G-11
Attachment 1A
waiver of subrogation for the benefit of City. The required certificate and endorsement shall be furnished by AMPSURF to City not later than 90 days prior to the Event.
4.2 Workers’ Compensation Insurance. AMPSURF shall furnish or cause to be furnished to City evidence satisfactory to City that AMPSURF and any contractor with whom it has contracted for the Event otherwise pursuant to this Agreement carries Workers’ Compensation Insurance as required by law.
5. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:
City:
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Attn: City Manager
AMPSURF:
AMPSURF
Dana Cummings
P.O. BOX 1034
Pismo Beach, CA 93449
Either party may change its address for purposes of this section by giving the other party written notice of the new address in the manner set forth above.
6. Default.
6.1 Any failure by AMPSURF to perform any term or provision of this Agreement shall constitute an “Event of Default” if AMPSURF does not cure such failure within thirty (30) days following written notice of default from City. Upon the occurrence of an Event of Default, City shall have the right, in addition to any other rights or remedies (a) to institute any action at law or in equity to cure, correct, prevent or remedy any Event of Default; (b) to recover damages for any Event of Default; or (c) to terminate this Agreement by written notice to AMPSURF. In the event City terminates this Agreement as provided above, neither party shall have any further rights or obligations hereunder, except for AMPSURF’s indemnity obligations under Section 3, which shall survive such termination. Furthermore, termination of the Agreement shall not relieve AMPSURF of liability for repayment of unexpended sponsorship proceeds under Section 2. In the event of termination, interest shall accrue on all unexpended sponsorship funds due at the highest legal rate of interest from the date that Council Agenda 6-21-2022 12.G-12
Attachment 1A
notice of termination is mailed to/from AMPSURF to the date of full repayment by AMPSURF.
6.2 Any failure or delay by City in asserting any of its rights or remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
7. Miscellaneous Terms and Provisions.
7.1 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
7.2 Audit: AMPSURF agrees that the City, or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. AMPSURF agrees to maintain such records for a possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by applicable law. AMPSURF agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
7.3 Assignment. AMPSURF may not transfer or assign any or all of its rights or obligations under this Agreement without the prior written consent of City, which consent shall not be unreasonably withheld. Any such assignment or transfer without City’s consent shall be wholly void and of no effect.
7.4 No Third-Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over or against any party to this Agreement. Nothing herein shall be construed to create a partnership, joint venture or similar arrangement between the parties hereto.
7.5 Governing Law; Venue. The laws of the State of California shall govern the interpretation and enforcement of this Agreement without reference to principles of conflict of laws. Venue for any action brought under this Agreement shall be in the Superior Court of San Luis Obispo County, California.
Council Agenda 6-21-2022 12.G-13
Attachment 1A
7.6 Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind.
7.7 No Agency Relationship. Neither AMPSURF nor any of AMPSURF’s employees, agents, contractors or subcontractors are or shall be considered to be agents or employees of City in connection with the performance of any of AMPSURF ‘s obligations under this Agreement.
7.8 Agreement is Final Contract. This Agreement represents the entire understanding of AMPSURF and City as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
7.9 Execution of Counterparts. This Agreement may be executed in any number of counterparts shall for all purposes be deemed to be an original; and such counterparts shall together constitute one and the same instrument.
IN WITNESS WHEREOF, City and AMPSURF have caused this Agreement to be executed as of the dates set forth below.
CITY OF PISMO BEACH
By:____________________________
James R. Lewis, City Manager
Dated: _________________________
APPROVED AS TO FORM:
By: _______________________
Dave Fleishman, City Attorney
AMPSURF
By: ____________________________
Dana Cummings, President
Dated: _________________________
Council Agenda 6-21-2022 12.G-14
Attachment 1A
EXHIBIT “A”
A. AMPSURF shall conduct the 2022 Pismo Beach ISA World Para- Surfing Championships, Hosted by AmpSurf during the period November 29 through December 13, 2022, inclusive. The Event shall include a para-surfing clinic on or around December 3, or 4, 2022, the precise date being subject to weather and other conditions and subject to the agreement of the Parties. The opening ceremony for the event shall be held on or around December 3 or 4, 2022, the precise date being subject to weather and other conditions and subject to the agreement of the Parties. The closing ceremony for the Event shall be held on December 11, 2022, the precise date being subject to weather and other conditions and subject to the agreement of the Parties.
B. AMPSURF shall, in all identification signs, promotional materials, publications and other writings or announcements relating to the Event, refer to the Event as the “2022 Pismo Beach ISA World Para-Surfing Championships, Hosted by AmpSurf”. The City shall be the exclusive Title Sponsor of the event, and no other Title Sponsors shall be permitted. AMPSURF will be the Host Sponsor.
C. AMPSURF shall permit lodging properties within the City to freely and without cost use the name “2022 Pismo Beach ISA World Para-Surfing Championships, Hosted by AmpSurf” in marketing and other promotional materials. AMPSURF shall further permit lodging properties within the City to freely and without cost use photographs of the 2022 Pismo Beach ISA World Para-Surfing Championships, Hosted by AmpSurf in such materials and any marketing materials related to the Event provided by AMPSURF and/or Tom Jones Advertising.
D. AMPSURF shall permit City to freely and without cost use the name “2022 Pismo Beach ISA World Para-Surfing Championships, Hosted By AmpSurf” in marketing and other promotional materials prepared for or by the City’s Conference and Visitor’s Bureau or contractors working on behalf of City.
AMPSURF shall further permit City to freely and without cost use photographs of the 2022 Pismo Beach ISA World Para-Surfing Championships, Hosted by AmpSurf in such materials and any marketing materials related to the Event provided by AMPSURF and/or Tom Jones Advertising.
Council Agenda 6-21-2022 12.G-15
Attachment 1A