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Home My Public Portal AboutC-21-163 - ELITE SPECIAL EVENTS - 2021 WINTERFEST SPACity of Carson Community Services DepartmentServiceProviderApplication Agreement Check one (staff use): [ ]Carson Event Center]Human Services [|Recreation [|]Transportationeven.WinterFest 2021 Carson Community Center 4 2/1 8/2 xEventLocation:Event Date:Name of Service Provider:lite Special Events,Inc. Business Form/Entity Type (if individual,sole proprietorship,corporation,or limitedliabilitycompany,specify here): Business Form/Entity Type (if general partnership,limited partnership,limited liability partnership,or other,specify here): Incorporated Business Entity State of Incorporation (if applicable):Ca : Typeof Service.Saved ice (snow)for WinterFest for sledding. Contact Person:Ted Holcomb hone #:(562)199-7737 P Emer.Contact:Phone #:(__) Billing Address:11278 Los Alamitos Blvd.#101 Los Alamitos ,Ca.90720 Proof of Insurance (check one)?[les xe If no,would you like to purchase special event insurance ..Event is 12/18/21 startin 3pmSpecialInstructions/Notes:9@ 3p through the City (check one)?L]ves [No on the east side of the Carson Community Center. 532227.5 CEN AS OF 1-22-2020 If Service Provider wishesto request any special accoservices,please identify it here or contact the staff me mmiodation needed to facilitate provision of themberreferencedonPage1ofthisapplication: Total Service Fee $9 NOTE:Ifservice provideris unable to providetheofCarsoncancelstheserviceforanyreason,the [remainder ofpageinte 347.00 >Services as proposed or requested or the Cityassociatedfeeswillnotbepaid. ntionally left blank] 532227.5 CFN AS OF 1-22-2020 Further Terms of Service Provider Application Agreement: The undersigned signatory of Service Provider (Service Provider being the above-referenced personorentityseekingtoprovideservicesattheabove-referenced event,including all its officers,agents,employees and volunteers)hereby represents and warrants that he or she is duly authorized byServiceProvidertoexecuteanddeliverthisapplicationonbehalfofServiceProvider,and that by soexecutingthisapplication,and in consideration for the City’s review of this application,ServiceProviderisboundbytheseterms. 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 inaccordancewiththe“Waiver,Release,Hold Harmless,Agreement Not to Sue,Indemnification,andPhotoRelease”submitted concurrently herewith. Service Provider agrees to maintain all required insurance coverages and comply with all associatedinsurancerequirementsassetforthontheabove“Insurance Requirements”page,which isincorporatedhereinbyreference.Service Provider agrees that all required policies shall contain,orbeendorsedtocontain,an agreement by Service Provider to waive all rights of subrogation andcontributionagainsttheCity,its elected or appointed officers,officials,employees and agents,for alllossesandliabilitiespaidunderthetermsofanypolicywhicharisefromtheactivitiesoroperationsof,or the services performed by,Service Provider,regardless of any prior,concurrent,or subsequentnon-active negligence by the City. In the event there is more than one person or entity named in this Service Provider ApplicationAgreementastheServiceProvider,then all obligations,liabilities,covenants and conditionshereundershallbejointandseveral. This Service Provider Application Agreement,unless and until accepted,approved,and executed bytheCityManagerordesignee,is only an application for provision of services to City,and does notconstituteanapprovalorauthorizationforServiceProvidertoperformorprovideanyservicetoCity. Neither Service Provider nor any of its agents or employees shall be deemed agents or employees oftheCity,nor a member of a joint enterprise with the City.Neither Service Provider nor any of itsagentsoremployeesshallatanytimeorinanymannerrepresentthatServiceProvideroranyofitsagentsoremployeesareagentsoremployeesofCity,or that it is a memberof a joint enterprise withCity.Subject to the requirements of this Service Provider Application Agreement,neither the Citynoranyofitsemployeesshallhaveanycontroloverthemanner,mode or means by which ServiceProvider,its agents or employees,perform the services set forth herein. In the event that part of this Agreementis declared invalid or unenforceable by a valid judgment ordecreeofacourtofcompetentjurisdiction,such invalidity or unenforceability shall not affect any of 332227.5 CFN i AS OF 1-22-2020 the remaining portions of this Agreement which are hereby declared as severable and shall beinterpretedtocarryouttheintentofthepartieshereunder. Service Provider acknowledges that the City of Carson’s consideration of Service Provider’sapplicationtoprovidetheabove-referenced services is on the express condition that Service Providerrepresentsandwarrantsthatitisandwillbeincompliancewithallapplicablerestrictionsontheuseofintellectualproperty,including copyright laws,in connection with the services proposed to beprovided.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 andis willing toprovidetheabove-referenced service(s)on the date andtime of the above-referenced event. This Service Provider Application Agreement has been executed on the dates written below APPLICATION SUBMISSION (wet signature required;no electronic signatures): SERVICE PROVIDER:El te.LZa ee VP ham MLEl EL(Signature ofService Provider’s Authorized Representative)(Date)Lael [alent(Printed Name of Service Provider’s Authorized Representative) (Space belowthis line for City use only) APPLICATION APPROVAL: CITY OF CARSON (WtCL£0—(ZAG 2XN"(Signature of Cifertitagager or Designee)(Date) 532227.5 CEN AS OF 1-22-2020 Service Provider Rules &Regulations |.SERVICE PROVIDER APPLICATION:Upon acceptance,approval,and execution of aserviceproviderapplicationbytheCityofCarson(“City”),these rules and provisions shallbecomebindingand 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 theCity,on the other hand.Any additions and amendments thereto that may be established or putintoeffectbytheCity,and provided in writing to the Provider,shall also become binding and apartoftheServiceProviderApplicationAgreement. 2,PAYMENT/CANCELLATION:If the Provider is unable to perform or cannot provide theservicesasrequested,or the City cancels the service for any reason,the associated fees forservicewillnotbepaid. 3.CANCELLATION:Norefunds will be given unless the subject event is cancelled by theCity’s Community Services Department.Applications may be denied or events cancelled infavorofCityprograms. 4.PROPERTY LOSS OR DAMAGES:The City is not responsible for any damageto,loss ortheftoftheProvider’s property,or that of Provider’s agents,employees or invitees. 5.CHARACTER OF ENTERTAINMENT:The Provider shall observe,obey and comply withallapplicablelocal,state and federal laws,and all applicable policies,rules,regulations andtermsandconditionsgoverninguseofCityfacilities.The Provider will forfeit all rents or otherfeespaidifejectedfrompremisesforviolationsofsame.Ejection shall not release Providerfromanyobligationsforthepaymentofrentsorotherfeesnotyetpaidundersuchpermitoradditionallyincurred.Thepolicy of the City is to serve the public in the best possible manner.The Providershall at all times cooperate to this end. The policies,rules,regulations and conditions governing use of City facilities are subject tochangewithoutnoticetoProviderunlessthechangeaffectsapermitalreadyissuedtoProvider. Provider shall be solely responsible for the orderly conduct ofall persons using the premises byitsinvitation,either expressed or implied,during all times covered by the Service ProviderApplicationAgreement.The City reserves the right to eject or cause to be ejected from thepremisesanypersonorpersonsduetounlawfulconduct. 6.RESPONSIBILITY:The Provider shall provide all material,equipment,and personnelnecessaryforprovisionoftheservicedescribedinthisagreement. 7.MOVE-IN/MOVE-OUT:Move-in to the event area will be set for each venue.Unlessotherwisestated,Provider will be required to keep its area fully set up and manned until theeventisofficiallyover.Please note that these times are subject to change. 8.SAFETY:Standing on chairs,tables or other rental equipmentis prohibited.This equipmentisnotengineeredtosupportyourweight.The City of Carson,its employees,agents,or officers willnotberesponsibleforinjuriesorfallscausedbytheimproperuseoffurniture.Please assist inoureffortstoprovideaSAFEWORKINGENVIRONMENT. 532227.5 CFN AS OF 1-22-2020 9 9.VOLUME/LIGHT CONTROL:The City reserves the right to regulate the volume or intensityofanyandallnoiseorlightgeneratingmechanisms(including,but not limited to,loudspeakers,radios,television sets,musical instruments,entertainers,or blinking or flashing lights)in thereasonablejudgmentoftheCity.| 10.FLAMMABLE MATERIALS -— All decorations,props and electrical equipment must befireprooforoffireretardantmaterials,must meet City requirements and are subject to removal.Candles and other open flame devices will not be permitted except as authorized on thisagreement;subject to Fire Department regulations. Ll.COPYRIGHT INFORMATION:Provider is responsible for licensing fees as required bylaw.Provider may be subject to legal action for ithe use,display or sale of any item using anycopyrightedand/or trademarked name or logo which has not been specifically authorized underlicensefromthetrademarkholder. 12.PERMITS AND LICENSE:Provider shall procure at its own cost and expense all therequiredlicensesandpermitsapplicabletoProvider’s use or activity . 13.OBLIGATION FOR CLEANLINESS: | Provider agrees that the facility and any othersurroundingCityproperty(including parking lots)used by the Provider must be left in a cleanandorderlycondition(equal to or better than the condition existing prior to the event).Ifadditionalmaintenanceisrequired,other than the normal cleaning process,the Provider will bechargedadditionalfeesbasedonthecostofsuchmaintenance. 14.DISPUTES:All points not covered by the Service Provider Rules &Regulations are subjecttothedecisionoftheappropriateCityrepresentative. 15.FLOOR MANAGEMENT:The City will appoint a Floor Manager who is authorized toenforcetheserulesandregulations. 16.SPACE ASSIGNMENT:Eventspace is assigned to providers at the sole discretion of theCity.Concerns regarding competitive or specific types of providers should be communicated totheCityatthetimeofapplication. 17.RULE CHANGES:The City reserves the tight to make reasonable changes to the foregoingrules,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 Waiver,Release,Hold Harmiess,Agreement No 10 t to Sue,Indemnification,and Photo Release {Ted Holcomb “individual”)fon behalf of>Elite Special Events,Inc.(“Service Provider”),and as a bona fide agent of Service ProviderdulyauthorizedtoexecutethisWaiver,Release,Hold Harmless,Agreement Not to Sue and Indemnificationagreement(“Agreement”)on behalf of Service Provider](individual and Service Provider hereinaftercollectivelyreferredtoas“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 servicesin/at WinterFest 2021 (“Event”)on December 18,2021 (“Date”). Signatory understands that accidents and injuries can atise 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,orpropertydamagewhichSignatorymayhave,or which hereafter accrue to Signatory,against the City ofCarson,its elected and appointed officers,officials,employees,agents and volunteers (collectively “City”),and from and against any andall liability arising out of or connected in any way with Signatory’s participationinorpresenceattheEvent,even thoughthatliability may arise out of negligence or carelessness on the part ofCity.It is further understood and agreed thatthis Agreement is to be binding on Signatory’s heirs and assigns, Signatory hereby grants City the right to photographor video-record Signatory during or in connection withtheEvent,and to use Signatory’s photographed or video-recorded likeness,and any image,silhouette,orreproductionofthevoiceorappearanceofSignatorytakenduringorinconnectionwiththeEvent(“Likeness”),for any purpose,including publicity and promotion of City and its events,and creation orproductionofmaterialsinanyformforsuchpurpose,with no claim of entitlement to any license fee or royaltyofanykindfromCity.Signatory hereby waives any right to the intellectual property of Signatory’s Likeness.The rights granted by Signatory hereunder shall not expir Signatory further agrees to indemnify,defend and hold OF harmless City from and against any and all claims,liabilities,losses,damages,expenses,and costs (including without limitation costs and fees of litigation)ofeverynature(including,but not limited to,property damage,bodily injury,or death),whether imposed by laworotherwise,sustained or alleged to be sustained by any person or entity (whether they be members of thepublicvisitingtheEvent,employees of the City,other service providers at the Event,or otherwise),occurringat,arising from,or connected with Signatory’s preparation or performance of services at the Event,Signatory’sactions,inactions,or use of facilities at the Event,or any the Signatory at or for the Event,except for such claim, caused by the sole negligence or willful misconduct of the By signing below,I acknowledge and represent that I voluntarily agree to its terms. _—,Signed:A Ape equipment,machinery or items displayed or used by liability,loss,damage,expense,or cost which was City. have read and understand the above,and that I NAME:Dal Lhelerind ORGANIZATION:Elite Special Events Inc. Date:MLELES 532227.5 CFN AS OF 1-22-2020