2.0 SR 06-30-2021 - Laserfiche WebLink

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3 the Commercial General Liability and Commercial Automobile Liability policies on a primary and non-contributory basis. The Operator's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice to the City, or ten (10) days ' written notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement the Operator' s policy limits on a follow-form basis to satisfy the full policy limits required by this agreement. If the Operator obtains a license to sell beer, wine or intoxicating liquor on the golf course premises, the Operator, at its expense, shall be required to maintain liquor liability insurance in the minimum amount of $1,000,000 for bodily injury, destruction of property of others, loss of means of support, and other pecuniary loss in any one occurrence. The City shall be endorsed as an additional insured. 7. Damage/Injury. The Operator agrees to reimburse the City for any and all damages or injury to any real property or personal property of the City that may arise, directly or indirectly, from the intentional or negligent, acts or omissions of the Operator, its agents or employees. Any accident involving significant property damage or bodily harm occurring at the Golf Course property shall be reported to the Park and Recreation Director as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed, written report shall be submitted to the Park and Recreation Director as soon as possible and not later than three (3) business days after the date of such accident. 8. Independent Contractor. The City hereby retains Operator as an independent contractor upon the terms and conditions set forth in this Agreement. Operator is not an employee of the City and is free to contract with other entities as provided herein. Operator shall be responsible for selecting the means and methods of performing the work. Operator shall furnish any and all supplies, equipment (except as indicated on Exhibit A), and incidentals necessary for Operator' s performance under this Agreement. Operator agrees that Operator shall not at any time or in any manner represent that Operator or any of Operator's agents or employees are in any manner agents or employees of the City. Operator shall be exclusively responsible under this Agreement for Operator's and Operator's employees FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 9. Employees. The Operator, in its sole and absolute discretion, shall hire its own staff to operate, manage and maintain the Golf Course. The Operator shall be solely responsible for determining staffing levels and qualifications and setting its employees' compensation, benefits, hours, and all other terms of employment. 10. Notices. Any and all notices and payments required hereunder shall be addressed to the parties at their respective addresses listed on page 1 hereof, or to such other address as may hereafter be designated in writing by either party hereto. 11. Maintenance. The Operator agrees to maintain the Golf Course and cause any required repairs to be made at Operator's expense. If this Agreement expires or is terminated by city, Operator shall deliver up the Golf Course in good order and condition. The clubhouse shall be returned to the City in substantially the same state that it was received by the Operator; reasonable wear and tear