|
If any piece of City owned equipment is damaged and/or rendered a total loss through the
<br />negligence or willful misconduct of Contractor, its agents, employees, subcontractors, or its
<br />assigns, then Contractor shall be responsible for 100% of the repair costs (parts and labor) or
<br />replacement costs for any such City owned equipment.
<br />7.3.8 Alcoholic Beverages. Contractor is not restricted by this Agreement as to
<br />the selection of brands of alcoholic beverages to be sold at Facility. Contractor expressly agrees
<br />to observe and comply with all federal, state, and city laws and ordinances and with all rules
<br />promulgated by City with respect to alcohol sales at the Facility and to maintain in effect all
<br />licenses and permits required for sale of alcoholic beverages at Contractor's sole expense. The
<br />current contractor Riverview Golf LLC will relinquish the existing on -sale general liquor license
<br />issued by the State of California to Contractor and in Contractor's name permitting the sale of
<br />alcoholic beverages (including beer, wine and liquor) at the Facility at no expense, except for
<br />transfer fees to be paid by Contractor as an Operating Expense. Contractor, as City's agent, shall
<br />be solely responsible for the alcoholic beverage sales at the Facility. As an Operating Expense of
<br />the Facility, Contractor shall maintain in its name or in the name of an Affiliate (and City shall
<br />reasonably cooperate with Contractor in maintaining) the liquor license(s) in good standing, pay
<br />all required fees in connection therewith, and otherwise ensure that the proper right and permission
<br />to sell alcoholic beverages at the Facility. Contractor agrees that, in the event Contractor is
<br />succeeded by another contractor after termination of this Agreement, Contractor shall, without
<br />charge to City, relinquish said license at no expense to such successor, except for transfer fees to
<br />be paid by the successor. From and after the termination date and continuing until the date of
<br />transition, Contractor shall cooperate with City in City's efforts to obtain its own liquor license(s)
<br />(or a transfer of Contractor's liquor licenses) to serve alcoholic beverages at the Facility.
<br />7.3.9 Independent Contractor. Except as expressly provided herein, City, nor
<br />any of its employees, shall have any control over the manner, mode or means by which Contractor,
<br />its agents or employees, perform the services required herein. Except as expressly provided herein,
<br />City shall have no voice in the selection, discharge, supervision or control of Contractor's
<br />employees, servants, representatives, or agents, or in fixing their number, compensation or hours
<br />of service. Contractor shall perform all services required herein as an independent contractor of
<br />City and shall remain at all times to City a wholly independent contractor with only such
<br />obligations as are consistent with that role. Contractor shall not at any time or in any manner
<br />represent that it or any of its agents or employees are agents or employees of City. City shall not
<br />in any way or for any purpose become or be deemed to be a partner of Contractor in its business
<br />or otherwise a joint venturer or a member of any joint enterprise with Contractor. In consideration
<br />for the compensation paid to Contractor by City, Contractor agrees that City shall not be obligated
<br />to provide, and instead agrees that Contractor shall provide on City's behalf, any benefits,
<br />including, but not limited to, workers' compensation, disability, retirement, life, unemployment,
<br />health or any other benefit and Contractor agrees that it shall not sue or file a claim, petition, or
<br />application therefor against City or any of its officers, employees, agents, volunteers,
<br />representatives or sureties.
<br />7.3.10 Public Records. Any and all written information created, submitted to,
<br />and/or obtained by Contractor from City or any other person or entity having to do with or related
<br />-19-
<br />
|