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undertakes to represent itself in such legal action. Operator further agrees to indemnify, <br />hold harmless, and pay all costs for the defense of the City, including fees and costs for <br />special counsel to be selected by City, regarding any action by a third party challenging <br />the validity of this Agreement, or asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights <br />arises by reason of the terms of, or effects arising from this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceeding. <br />11. Insurance. <br />A. In addition to the Operator's covenant to indemnify and hold harmless City, <br />Operator shall obtain and furnish to City, a policy of general public liability <br />insurance, commercial general liability insurance covering the Facilities and <br />Operator's property. The policy shall indemnify Operator and City, their officers, <br />agents and employees, while acting within the scope of their duties, against any <br />and all claims arising out of or in connection with the Facilities and Operator's <br />property, and shall provide coverage in not less than the following amount: <br />combined single limit bodily injury, personal injury and property damage, <br />liability, of $1,000,000 per occurrence. <br />B. To maintain a safe environment, Operator shall provide a Youth Protection <br />Policy and proof of Sexual Abuse & Molestation insurance coverage of at least <br />$1,000,000. Operator will be held accountable for conducting a background <br />clearance (live-scan) for staff that have direct interaction with youth participants. <br />C. The City also requires an Additional Insured Endorsement, as attached and <br />incorporated herein as Exhibit E. The policy shall name City, its agents, officers, <br />employees and volunteers as Additional Insureds, and shall specifically provide <br />that any City insurance coverage which may be applicable to the Facilities and <br />Operator's Facilities shall be deemed excess coverage and that Operator's <br />insurance shall be primary. Operator is required to give the City no less than <br />thirty (30) days notice of cancellation or reduction in coverage. No cancellation <br />provision in any insurance policy shall be construed in derogation of the <br />continuous duty of Operator to furnish insurance during the term of this <br />Agreement. <br />12. Certificates of Insurance; Additional Insured Endorsements. Prior to <br />execution of this Agreement, Operator shall furnish to City certificates of insurance and <br />additional insured endorsements to each of Operator's insurance policies, subject to <br />approval of the City Attorney, evidencing the foregoing insurance coverages as required <br />by this Agreement; these certificates shall: <br />A. provide the name and policy number of each carrier and policy; <br />B. state that the policy is currently in force; and <br />25E-10