|
just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including health, and claims for property damage, which may arise from the direct or
<br />indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of
<br />this Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Agreement or by reason of the terms of, or effects,
<br />arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay
<br />all costs for the defense of the City, including fees and costs for special counsel to be selected by
<br />the City, regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />due to personal or property rights arises by reason of the terms of, or effects arising from this
<br />Agreement. City may make all reasonable decisions with respect to its representation in any
<br />legal proceeding.
<br />Operator shall protect, defend, indemnify and save and hold harmless the City, its officers,
<br />officials, employees, and agents from and against any and all liability, loss, damage, expenses,
<br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in
<br />connection with Operator's performance of this Agreement or any failure to comply with any of
<br />Operator's obligations contained in this Agreement by Operator, its officers, agents or
<br />employees.
<br />12. TRASH/UTILITIES/CLEANUP
<br />Operator is responsible for the collection and disposal of all trash as specified in the RFP
<br />(Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is
<br />responsible for the continuous cleaning of the City Park, including the restrooms, at all times
<br />while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes
<br />the parking lots and the surrounding neighborhood and streets. Further, with the exception of the
<br />City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for
<br />supplying all utilities to be used during the Carnival Events, including supplying the required
<br />portable toilets as specified in the RFP. Persons performing clean-up shall be employees or
<br />subcontractors of the vendor.
<br />13. HAZARDOUS MATERIALS
<br />Operator represents and warrants that its use of the Carnival Area herein will not generate
<br />any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor
<br />transport to or over the Park and/or Carnival Area any hazardous substance. Operator further
<br />agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and
<br />Property, and hold City harmless from and indemnify City against any release ol~any such
<br />hazardous substance and any damage, loss, or expense or liability resulting from such release
<br />including all attorneys' fees, costs and penalties incurred as a result thereof except any release
<br />caused by the negligence of City, its employees or agents. "Hazardous substance" shall be
<br />25E-9
<br />
|