Laserfiche WebLink
8. RECORD KEEPING AND AUDIT <br />A. Operator shall establish and maintain separate accounting records for each <br />Carnival Event at the specified Parks. Operator's accounting system shall conform to generally - <br />accepted accounting principles and all records shall provide a breakdown of total costs and <br />revenues associated with the Park Carnival Events. <br />B. All Operator's records of revenues and repairs pertaining to the Carnival Events <br />referenced herein shall be kept for the duration of this Agreement and made available at all times <br />for audit by City upon request <br />9. INDEPENDENT CONTRACTOR <br />Operator shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Operator performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Operator shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Operator shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />10. INSURANCE <br />Prior to undertaking performance of any work relative to a Carnival Event under this <br />Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and <br />maintain insurance as described below: <br />A. Commercial General Liability Insurance. Operator shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Operator's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $5,000,000.00 <br />per occurrence. Operator shall supply City with a fully executed additional insured endorsement <br />in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />B. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />