ACE PARKING MANAGEMENT - 2004 - Laserfiche WebLink

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4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking perfonnance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Garage Liability including Contractual Liability Coverage against liability for property damage and/or bodily injuries (including death) with combined single limits of not less than Two Million Dollars ($2,000,000.00). b. Garagekeeper's Legal Liability Insurance for the benefit of the City and Operator against claims, liabilities, losses or suits covering exposures for loss of or damage to vehicles from fire, explosion, theft, collision, riot, civil commotion, malicious mischief or vandalism, with limits of Two Million Dollars ($2,000,000.00). This coverage shall be subject to a deductible provision of not more than One Thousand Dollars ($1,000.00) for each loss. Each Garage Liability and Garagekeeper's Legal Liability insurance policy required by this agreement shall contain the following three clauses: (a) "The City of Santa Ana, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operation of the named insured at each of the parking garages managed by the Consultant for the City (locations at Broadway and Third Street, Fifth Street between Bush and French Streets, Fifth and Main Streets, and Birch and Third Streets)." (b) "This insurance shall not be cancelled, limited in scope of coverage, or nomenewed until after thirty (30) days' written notice has been given to the City of Santa Ana." (c) "With respect to claims arising out of the operations and uses perfonned by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds." 2 ~