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iv. A complete and signed certificate of insurance with all endorsements required by
<br />this Section shall be filed with City prior to the execution of this Agreement. At least thirty
<br />(30) days prior to the expiration of any such policy, a signed and complete certification of
<br />insurance showing that coverage has been renewed, shall be filed with the City.
<br />F. If Operator fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
<br />Operator agrees to indemnify the City for any work performed prior to approval of insurance by the
<br />City.
<br />11. INDEMNIFICATION
<br />Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, special counsel, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
<br />health, and claims for property damage, which may arise from the direct or indirect operations of the
<br />Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in Sections 1, 2 and 3 ofthis Agreement; and (2) from any claim
<br />that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by
<br />reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regarding any action by a third party challenging the validity
<br />ofthis Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief due to personal or property rights arises by reason of the terms of, or effects arising
<br />from this 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, officials,
<br />employees, and agents from and against any and all liability, loss, damage, expenses, costs (including
<br />without limitation costs and fees of litigation of any nature) arising out of or in connection with
<br />Operator's performance ofthis Agreement or any failure to comply with any of Operator's obligations
<br />contained in this Agreement by Operator, its officers, agents or 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 responsible
<br />for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant
<br />to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the
<br />parking lots and the surrounding neighborhood and streets. Further, with the exception of the City
<br />supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is
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