Agmt21 Ace Parking, Inc. - Laserfiche WebLink

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SECTION 11. OPERATING EXPENSES, FEES AND TAXES A. Contractor shall pay when due all applicable fees, taxes, or charges of whatever nature lawfully levied on the right of Contractor to operate and manage the Parking Facilities. B. Contractor shall maintain all documents and records relating to such fees, taxes, or charges described in Paragraph A of this section, and any other information, which demonstrates performance under this Agreement, for a minimum period of three (3) years from the date of the final payment under the Agreement to Contractor, or for any longer period required by law. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for reasonable inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, Finance Director, Parking Manager, or a designated representative of any of these officers. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, abandonment or termination of Contractor's business, City may, by written request of any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall or designated City facility. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor - in interest. SECTION 12. STATUS OF CONTRACTOR A. It is understood and agreed that Contractor's relationship to City in the performance of this Agreement is that of an independent Contractor, and not that of an employee or agent of City. As an independent Contractor, neither Contractor, nor any employee, agent or subcontractor of Contractor, shall obtain any right to retirement benefits or to any other benefits, which accrue, to employees of City. Contractor herby expressly waives any claims it may have to such rights, on behalf of itself and any employee, agent or subcontractor. B. Contractor will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. REV: 12-10-2020 RL ATTY/AGR.2020.291/ACE Parking (Page 19 of 31)