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HomeMy Public PortalAboutC-21-109 - Service Provider Agreement - Special Services TacticalCity of Carson Community Services Department Service Provider Application Agreement Check one (staff use): [Carson Event Center||Human Services [Recreation [|Transportation Relay for Life 08/13/21EventLocation:Event Date:Event:Carson Park Nameof Service Provider:S/ECEAL SEAVELES FHertc#l. Business Form/Entity Type (if individual,sole proprietorship,corporation,or limited liability company,specify here): Cotponhrtow Business Form/Entity Type (if general partnership,limited partnership,limited liability partnership, or other,specify here): Business Entity State of Incorporation (if applicable):C4é2“ct-4</28 Type of Service:Security Contact Person:VOUS -RSeeeS Phone #:(562)SYA -GAVE Emer.Contact:AB 756e5F Phone #:(YAS)4/97 -//8F Billing Address:DPQ?£AvAHyEE _S7_ Number Street Lon BEaCH CA WSOCityStateZIP Proof of Insurance (check one)?[Vlves [No If no,would you like to purchase special event insurance through the City (check one)?Wes VINo Provide overnight security of event equipment Special Instructions /Notes: at Carson Park from 9:00 p.m.on August 13 to 7:00 p.m.on August 14. 532227.5 CFN AS OF 1-22-2020 If Service Provider wishes to request any special accommodation needed to facilitate provision of the services,please identify it here or contact the staff member referenced on Page |ofthis application: $250 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. Total Service Fee [remainder ofpage intentionally left blank] 532227.5 CFN ASOF 1-22-2020 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,including all 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,”whichare 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 al]rights of subrogation and contribution against the City,its elected or appointed officers,officials,employees and agents,for all losses andliabilities 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 anyof its agents or employees shall at any time or in any manner represent that Service Provider or anyof its agents or employees are agents or employees of City,or that it is a memberof 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 judgmentor decree of a court of competent jurisdiction,such invalidity or unenforceability shall not affect any of 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,or liabilities 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:S/ECZRL SELVECES Foortege >A —OBL02-[viet (Signature ofService Provider’s Authorized Representative)(Date) ARE FR.Blue (Printed Name of Service Provider’s Authorized Representative) (Space below this line for City use only) APPLICATION APPROVAL: CITY OF CARSONREL, S )s 6 )oy Lek of City Manager or Designee)(Date) 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 become binding 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:No refunds 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 or invitees. 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 eventis officially over.Please note that these times are subject to change. 8.SAFETY:Standing on chairs,tables or other rental equipment is 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 volumeor intensity of any and all 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 Department regulations. 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 name or 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 whois 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 l,Atte Bb .Ble ,(“individual”)[on behalf of SHEER SBRSECEE Fares.(“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 Relay for Life (“Event”)on August 13-14,2021 (“Date”). Signatory understands that accidents and injuries can arise out of the Event;knowing the risks,nevertheless, and in consideration of the acceptance of a n 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 andagainst any andall 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 agreed that 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 of the public visiting the Event,employees of the City,other service providers at the Event,or otherwise),occurring at,arising from,or connected with Signatory’s preparation or performance of services at the Event,Signatory’s actions,inactions,or use of facilities at the Event,or any equipment,machinery or items displayed or used by the Signatory at or for the Event,except for such claim,liability,loss,damage,expense,or c o s t which was caused by the sole negligence or willful misconduct ofthe City. By signing below,I acknowledge and represent that I have read and understand the above,and that I voluntarily agree to its terms. sisnes:Wooo 2 i NAME:ALESEA Ae SESE ORGANIZATION:SYi¢taste SRCVECES JACcFFORL. Date:O87Vie.feces 532227.5 CFN AS OF 1-22-2020