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HomeMy Public PortalAboutC-21-061 - DW3 SPA Juneteenth City of Carson Community Services Department Service Provider Application Dear Applicant, On behalf of the City of Carson,I would like to thank you for taking the time to explore business opportunities with the City by applying to provide services for an event at a City facility.As part of our application process,you must complete,sign,and return the following forms.Submission of these forms does not guarantee that you will be provided the business opportunity you seek. Your prompt assistance in submitting the requested documentation to the City staff member listed below will be appreciated and will help expedite the application process.Please send your completed application and attachments directly to the following address: City of Carson Attn:Kenny Harris (Event Coordinator’s Name) 2400 E.Dominguez St.Carson Ca.90810 (Enter Event Coordinator’s address (i.e.,city hall,corporate yard,or specific park address) Email:kharris@carson.ca.us (Enter event coordinator’s email address) Should you have any questions,please feel free to contact the staff memberlisted below . Truly, Kenny Harris (Name) Recreation Center Supv.Il (Title) $32227.5 CFN AS OF 1-22-2020 Checklist Before submitting your application packet make sure each of the below indicated items have been attached or completed. (FOR COMMUNITY SERVICES OFFICE USE ONLY) ee n (if not on file already) *The date of the Event shall be listed on the Invoice for Future Event Date (IFED).If the Service Provider Application is approved,then the IFED will be processed as an invoice for services rendered for the Event.No payment will be made until the conclusion of the Event,at earliest. 532227.5 CFN AS OF 1-22-2020 ta d SV ZA (Date) WDUse M oie Tee (Company) (372G c\Cu S+ (Company Address) (2 2._M\orech 5 Ow Y2ST7 we (City,State ZIP) Insurance Aequirements Dear DLo3 Mowe ime. (Enter Davi S;Name) Please be advised pursuant to your desire to work with the City of Carson,you are required tosubmitthefollowing: ~Compliant Certificates of Liability Insurance (to be maintained for the duration of servicesagainstclaimswhichmayarisefromorinconnectionwiththeservices),evidencing thecoverage(s)as indicated below. Certificates of insurance,as well as additional insured and waiver of subrogationendorsementsinfavoroftheCity,must be submitted in their entirety before any servicesareprovidedortheeventtakesplace.Failure to submit such required forms shall be causeforCityofCarsontorejectorterminateanyserviceproviderapplicationagreement. _The City of Carson reserves the right to modify these requirements based on the nature of the_"isk,prior events,insurance coverage,or other special requirements. A SCOPE AND LIMIT OF INSURANCE al Liability Insurance:Coverage shall be at least as broad as Insurance Services Form01coveringCGLonan“occurrence”basis,including property damage,bodily injuryonal&advertising injury with limits no less than $1,000,000 per occurrence and 1, and its elected and appointedofficials,employees,volunteers and agents,areadditionalinsuredswithrespecttoliabilityarisingoutoftheirworkororonbehalfoftheCity-sponsored event including materials,parts,or=ch on with theevent. AS OF 1-22-2020 City of Carson Community Services Department Service Provider Application Agreement Check one (staff use): Carson Event Center|Human Services ||Recreation Transportation Event:202!Junteenth Celebration 5.ot t ocation:Virtual Event Date:6/12/21 Name of Service Provider:DW3 Business Form/Entity Type (if general partnership,limited partnership,limited liability partnership, or other,specify here): Business Entity Stateof Incorporation (ifapplicabley;CA type of service:Live Band Performance Damon Reel Phone #:(562)“46-8740 B Phone #:(__) Billing Address:1326 Clay St. Redlands Ca 92374GiStateae Proof of Insurance (check one)?Yes V'INo If no,would you like to purchase special event insurance through the City (check one)?lves VINo Special Instructions /Notes:DW3 will play one 30 min for the City of Carson's Juneteenth Virtual Celebration.Group will arrive at designated venue(MixOne Sound)for taping on 6/12/2021.Time (TBD) Band should arrive no later than one hour before start time for set up and level check.Please be advise payment will be paid on day of event once band has completed its performance.Please Note: 532227.5 CFN AS OF 1-22-2020 Although Covid -19 restrictions continue to be lifted,we ask that all performers enlist the social distancing practices by still wear a mask when not performing,proper spacing andlimiting those in attendance to essential Band Members. $3000.00TotalServiceFee NOTE:If service provider is unable to provide the services as proposed or requested or the City of Carson cancels the service for any reason,the associated fees will not be paid. [remainder ofpage intentionally left blank] 532227.5 CFN AS OF 1-22-2020 the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. Service Provider acknowledges that the City of Carson’s consideration of Service Provider’s application to provide the above-referenced services is on the express condition that Service Provider represents and warrants that it is and will be in compliance with all applicable restrictions on the use of intellectual property,including copyright laws,in connection with the services proposed to be provided.Service Provider shall indemnify,defend,and hold harmless the City against any penalties, claims,orliabilities arising from or in connection with Service Provider’s noncompliance with same. The undersigned,on behalf of Service Provider,agrees that Service Provider seeks and is willing to provide the above-referenced service(s)on the date and time of the above-referenced event. This Service Provider Application Agreement has been executed on the dates written below APPLICATION SUBMISSION(wetsignature required;no electronic signatures): SERVICE PROVIDER:DWws —saz oO}{SeetemareService Provider's AwtYerized Repfescatative)(Date) yr Nok A Vets. mied Name of Service Provider’s Authorized Representative) (Space belowthis line for City use only) _APPLICATION APPROVAL: 6/7/24ityManagerorDesignee)(Date) _ASOF1-22-2020 Further Terms of Service Provider Application Agreement: The undersigned signatory of Service Provider (Service Provider being the above-referenced person or entity seeking to provide services at the above-referenced event,includingall its officers,agents, employees and volunteers)hereby represents and warrants that he or she is duly authorized by Service Provider to execute and deliver this application on behalf of Service Provider,and that by so executing this application,and in consideration for the City’s review of this application,Service Provider is bound by these terms. Service Provider understands and agrees to comply with the City’s “Service Provider Rules & Regulations,”which are set forth below and incorporated herein by this reference. Service Provider agrees to indemnify and release City in connection with its proposed services in accordance with the “Waiver,Release,Hold Harmless,Agreement Not to Sue,Indemnification,and Photo Release”submitted concurrently herewith. Service Provider agrees to maintain all required insurance coverages and comply with all associated insurance requirements as set forth on the above “Insurance Requirements”page,which is incorporated herein by reference.Service Provider agrees that all required policies shall contain,or be endorsed to contain,an agreement by Service Provider to waive all rights of subrogation and contribution against the City,its elected or appointedofficers,officials,employees and agents,forall losses and liabilities paid under the terms of any policy which arise from the activities or operations of,or the services performed by,Service Provider,regardless of any prior,concurrent,or subsequent non-active negligence by the City. In the event there is more than one person or entity named in this Service Provider Application Agreement as the Service Provider,then all obligations,liabilities,covenants and conditions hereunder shall be joint and several. This Service Provider Application Agreement,unless and until accepted,approved,and executed by the City Manager or designee,is only an application for provision of services to City,and does not constitute an approval or authorization for Service Provider to perform or provide any service to City. Neither Service Provider nor any of its agents or employees shall be deemed agents or employees of the City,nor a member of a joint enterprise with the City.Neither Service Provider nor any of its agents or employees shall at any time or in any manner represent that Service Provider or any of its agents or employees are agents or employees of City,or that it is a member of a joint enterprise with City.Subject to the requirements of this Service Provider Application Agreement,neither the City nor any of its employees shall have any control over the manner,mode or means by which Service Provider,its agents or employees,perform the services set forth herein. In the event that part of this Agreement is declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,such invalidity or unenforceability shall not affect any of 532227.5 CFN AS OF 1-22-2020 Service Provider Rules &Regulations 1.SERVICE PROVIDER APPLICATION:Upon acceptance,approval,and execution of a service provider application by the City of Carson (“City”),these rules and provisions shall becomebinding and a part of the Service Provider Application Agreement between the applicant (being the entity providing a service to City as specified in the service provider application), including its officers,employees,agents and volunteers (“Provider”),on the one hand,and the City,on the other hand.Any additions and amendments thereto that may be established or put into effect by the City,and provided in writing to the Provider,shall also become binding and a part of the Service Provider Application Agreement. 2.PAYMENT/CANCELLATION:If the Provider is unable to perform or cannot provide the services as requested,or the City cancels the service for any reason,the associated fees for service will not be paid. 3.CANCELLATION:Norefunds will be given unless the subject event is cancelled by the City’s Community Services Department.Applications may be denied or events cancelled in favor of City programs. 4.PROPERTY LOSS OR DAMAGES:The City is not responsible for any damage to,loss or theft of the Provider’s property,or that of Provider’s agents,employees orinvitees. 5.CHARACTER OF ENTERTAINMENT:The Provider shall observe,obey and comply with all applicable local,state and federal laws,and all applicable policies,rules,regulations and terms and conditions governing use of City facilities.The Provider will forfeit all rents or other fees paid if ejected from premises for violations of same.Ejection shall not release Provider from any obligations for the payment of rents or other fees not yet paid under such permit or additionally incurred.The policy of the City is to serve the public in the best possible manner. The Provider shall at all times cooperate to this end. The policies,rules,regulations and conditions governing use of City facilities are subject to change without notice to Provider unless the change affects a permit already issued to Provider. Provider shall be solely responsible for the orderly conduct of all persons using the premises by its invitation,either expressed or implied,during all times covered by the Service Provider Application Agreement.The City reserves the right to eject or cause to be ejected from the premises any person or persons due to unlawful conduct. 6.RESPONSIBILITY:The Provider shall provide all material,equipment,and personnel necessary for provision of the service described in this agreement. 7.MOVE-IN/MOVE-OUT:Move-in to the event area will be set for each venue.Unless otherwise stated,Provider will be required to keep its area fully set up and manned until the event is officially over.Please note that these times are subject to change. 8.SAFETY:Standing on chairs,tables or other rental equipmentis prohibited.This equipmentis not engineered to support your weight.The City of Carson,its employees,agents,or officers will not be responsible for injuries or falls caused by the improper use of furniture.Please assist in our efforts to provide a SAFE WORKING ENVIRONMENT. 532227.5 CFN AS OF 1-22-2020 9.VOLUME/LIGHT CONTROL:TheCity reserves the right to regulate the volumeorintensity of any andall noise or light generating mechanisms (including,but not limited to,loudspeakers, radios,television sets,musical instruments,entertainers,or blinking or flashing lights)in the reasonable judgmentof the City. 10.FLAMMABLE MATERIALS -—All decorations,props and electrical equipment must be fireproof or of fire retardant materials,must meet City requirements and are subject to removal. Candles and other open flame devices will not be permitted except as authorized on this agreement;subject to Fire Departmentregulations. 11.COPYRIGHT INFORMATION:Provider is responsible for licensing fees as required by law.Provider may be subject to legal action for the use,display or sale of any item using any copyrighted and/or trademarked nameor logo which has not been specifically authorized under license from the trademark holder. 12.PERMITS AND LICENSE:Provider shall procure at its own cost and expense all the required licenses and permits applicable to Provider’s use or activity . 13.OBLIGATION FOR CLEANLINESS:Provider agrees that the facility and any other surrounding City property (including parking lots)used by the Provider must be left in a clean and orderly condition (equal to or better than the condition existing prior to the event).If additional maintenance is required,other than the normal cleaning process,the Provider will be charged additional fees based on the cost of such maintenance. 14.DISPUTES:All points not covered by the Service Provider Rules &Regulations are subject to the decision of the appropriate City representative. 15.FLOOR MANAGEMENT:The City will appoint a Floor Manager who is authorized to enforce these rules and regulations. 16.SPACE ASSIGNMENT:Event space is assigned to providers at the sole discretion of the City.Concerns regarding competitive or specific types of providers should be communicated to the City at the time of application. 17.RULE CHANGES:TheCity reserves the right to make reasonable changes to the foregoing rules,event hours and move-in/move-out arrangements at any time without notice to Provider, unless the change affects a permit already issued to Provider. 532227.5 CFN AS OF 1-22-2020 10 Waiver,Release,Hold Harmless,Agreement Not to Sue,Indemnification,and Photo Release 1,Damon Reel ;(“individual”)[on behalf of DWS Ine.(“Service Provider”),and as a bona fide agent of Service Provider duly authorized to execute this Waiver,Release,Hold Harmless,Agreement Not to Sue and Indemnification agreement (“Agreement”)on behalf of Service Provider](individual and Service Provider hereinafter collectively referred to as “Signatory,”and the term “Signatory”includes Service Provider’s officers,officials, employees,agents and volunteers),seek acceptance by the City of Carson of an application to provide services in/at City of Carson Juneteenth Virtual Celebration (“Event”)on Saturday,June 12th,2021 (“Date”). Signatory understands that accidents and injuries can arise out of the Event;knowing the risks,nevertheless, and in consideration of the acceptance of an application to provide a service at the Event on the Date, Signatory hereby waives,releases and discharges any and all claims for damages for death,personal injury,or property damage which Signatory may have, or which hereafter accrue to Signatory,against the City of Carson,its elected and appointed officers,officials,employees,agents and volunteers (collectively “City”), and from and against any and all liability arising out of or connected in any way with Signatory’s participation in or presence at the Event,even though thatliability may arise out of negligence or carelessness on the part of City.It is further understood and agreedthat this Agreementis to be binding on Signatory’s heirs and assigns. Signatory hereby grants City the right to photograph or video-record Signatory during or in connection with the Event,and to use Signatory’s photographed or video-recorded likeness,and any image,silhouette,or reproduction of the voice or appearance of Signatory taken during or in connection with the Event (“Likeness”),for any purpose,including publicity and promotion of City and its events,and creation or production of materials in any form for such purpose,with no claim of entitlement to any license fee or royalty of any kind from City.Signatory hereby waives any right to the intellectual property of Signatory’s Likeness. The rights granted by Signatory hereunder shall not expire. Signatory further agrees to indemnify,defend and hold harmless City from and against any and all claims, liabilities,losses,damages,expenses,and costs (including without limitation costs and fees of litigation)of every nature (including,but not limited to,property damage,bodily injury,or death),whether imposed by law or otherwise,sustained or alleged to be sustained by any person or entity (whether they be members ofthe public visiting the Event,employees of the City,other service providers at the Event,or otherwise),occurring ____@,arising from,or connected with Signatory’s preparation or performanceof services at the Event,Signatory’s __actions,inactions,or use offacilities at the Event,or any equipment,machinery or items displayed or used by theSignatory at or for the Event,except for such claim,liability,loss,damage,expense,or cost which was used by ie10 negligence or willful misconductof the City. bom,I memoiedge and represent that I have read and understand the above,and thatI rom W=-9 (Rev.October 2018) Department of the TreasuryInternalRevenueService Request for Taxpayer identification Number and Certification »Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester.Do not send to the IRS. DW3 Music Inc 1 Name (as shown on your income tax return).Name is required on this line;do not feave this line blank. 2 Business name/disregarded entity name,if different from above following seven boxes. 3 Check appropriate box for federal tax classification of the person whose nameis entered on line 1.Check only one of the 4 Exemptions (codes apply only to certain entities,not individuals;see instructions on page 3): 4 Trust/estate Exempt payee code (if any} code (if any) (Apples to accounts maintained outside the US.) Requester’s name and address (optional) i)aGaS|(1 individuaisole proprietor or 44 Corporation []S Corporation [)Partnership ‘g single-member LLC &Po Cc]Limited liability company.Enter the tax classification (C=C corporation,S=S corporation,P=Partnership)» a2 Note:Check the appropriate box in the line above for the tax classification of the single-rmember owner.Do not check Exemption from FATCA reporting = a LLCif the LLC is classified as a single-member LLC thatis disregarded from the owner unless the ownerof the LLC is =&another LLC thatis not disregarded from the ownerfor U.S.federal tax purposes.Otherwise,a single-member LLC that 2 is disregarded from the owner should check the appropriate box for the tax classification of its owner. 3 [_]Other(see instructions)» @ &Address (number,street,and apt.or suite no.)See instructions. 3 1326 Clay St 6 City,state,and ZIP code Redlands Ca 92374 7 List account number(s)here (optional) i TaxpayerIdentification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given online 1 to avoid backup withholding.For individuals,this is generally your social security number (GSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - ~ entities,it is your employer identification number(EIN).if you do not have a number,see How to get a TIN,later. Note:If the account is in more than one name,see the instructions far line 1.Also see What Name and NumberTo Give the Requester for guidelines on whose numberto enter. |Social security number clea Certification Under penalties of perjury,|certify that: 1.The number shown on this form is my correct taxpayer identification number (or |am waiting for a number to be issued to me);and 2.|am not subject to backup withholding because:(a)|am exempt from backup withholding,or (b)|have not been notified by the Internal Revenue Service (IRS)that |am subject to backup withholding as a result of a failure to report all interest or dividends,or (c)the [RS has notified me that |am no longer subject to backup withholding;and 3.lama U.S.citizen or other U.S.person (defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that |am exempt from FATCAreporting is correct. Certification instructions.You must cross out item 2 aboveif you have been notified by the IRS that you are currently subject to backup withholding because you havefailed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgageinterest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part Il,later. Sign Signature of tHereU.S.person > Datem 05/17/2021 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments.For the latest information about developments related to Form W-9 andits instructions,such as legislation enacted after they were published,go to www.irs.gov/FormW49. Purpose of Form An individual or entity (Form W-9 requester)who is required to file an information return with the IRS must obtain your correct taxpayer identification number(TIN)which may be your social security number (SSN),individual taxpayer identification number(ITIN),adoption taxpayer identification number (ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following. *Form 1099-INT (interest earned or paid) *Form 1099-DiV (dividends,including those from stocks or mutual funds) *Form 1099-MISC (various types of income,prizes,awards,or gross proceeds) *Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) «Form 1099-S (proceeds from real estate transactions) *Form 1099-K (merchant card and third party network transactions) «Form 1098 (home mortgageinterest),1098-E (student loan interest), 1098-T (tuition) *Form 1099-C (canceled debt) *Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN,you might be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9 (Rev.10-2018) _p..i SAC (562)746-8740 dw3music@gqmail.com INVOICE TO City of Carson,Ca QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL —(1)30min Performance Juneteenth Celebration (Virtual Show)$3,000.00 $3,000.00 Subtotal _$3,000.00 Sales Tax N/A Total $3,000.00 From:Galoosian To:Tim Grierson;Bobby Grove;Scott Griffee Ce:KevinIbarra;Johnson Subject:Special Event Insurance for Remote Online Events Date:Tuesday,April 27,2021 8:09:47 PM Hello CS team, Over the last few days |met with our insurance broker and special event insurance underwriter and received a quote for the online Cinco de Mayo event @ approx.$675 and can do the same for the online Memorial Day event. However,after |explained that these events are pre-recorded and edited for content,the consensus was that the risks are already covered by the normal Cyber and General Liability policies. |don’t recommend getting the event insurance for these.If you plan a live online event,we probably should revisit the issue. Thanks, Roobik Galoosian Risk Management City of Carson 701 E.CarsonStreet Carson,CA 90745