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8. RECORD IaEPING AND AUDIT <br />A. Promoter shall establish and maintahl separate accounting records for each Carnival <br />Event at the specified Parks. Promoter's accounting system shall conform to generally -accepted <br />accounting principles and all records shall provide a breakdown of total costs and revenues associated <br />with the Park Carnival Events. <br />B, All Promoter'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 for audit <br />by the City upon request. <br />p. INDEPENDENT CONTRACTOR <br />Promoter shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City, This Agreement is not intended, nor shall it be construed to <br />create, an employer-employce relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Promoter performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. Promoter shall <br />pkv all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees acid shrill 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 Agreement, <br />Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />A. Commercial General Liability hisurance. Promoter and each of its operators and <br />subcontractors shall maintain connnercial general liability insurance which shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act. or occurrence arising out of the operations or <br />performance of this Agreement by Promoter, its operators or subcontractors, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. <br />B. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, <br />hued and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Promoter, if Promoter has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self=insurance. Prior to commencing the performaroe <br />of the work under this Agreement, Promoter agrees to obtain and maintaii any employer's liability <br />insurance with limits not less tban $1,000,000 per accident. <br />