ORANGE, COUNTY OF - BICYCLE HELMET - 2006

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I negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that 2 liability will be apportioned as determined by the court. Neither party shall request a jury 3 apportiorunent. 4 B. Without limiting CONTRACTOR'S indcnmification, it is agreed that CONTRACTOR shall 5 maintain in force at all times during the term of this Agreement a policy, or policies, of insurance 6 covering its operations as specified on Page 3 01 this Agreement. 7 C. All insurance policies except Workers' Compensation and Employer's Liability shall contain the 8 following clauses; 9 I. "The County 01 Orange is included as an additional insured with respect to the operations of 10 the named insured performed under conlract with the County of Orange." II 2. "It is agreed that any insnrance maintained by the County of Orange shall apply in excess of, 12 and not contribute with, insurance provided by this policy." 13 3. "This insurance shall not be canceled, limited or non-renewed until after thirty (30) days 14 written notice has been given to Orange County RCNContract Development and Management, 15 405 West 5th Street, Suite 600, Santa Ana, CA 92701-4637." 16 D. If CONTRACTOR is a govcrmnental entity, CONTRACTOR may elect to self-insure for the 17 insurance coverage required by this Agreement. CONTRACTOR shall provide COUNTY, belore 18 commencement of services under this Agreement, a letter of self-insurance verifying all the stated 19 coverage minimums and comparable terms. In the event that CONTRACTOR becomes cormncrcially 20 insured, the policy or policies of cormnercial insurance maintained by CONTRACTOR shall provide the 21 minimnm limits and coverage as specified in this Agreement. 22 E. Certificates of Insurance and endorsements or a letter of self-insurance evidencing the above 23 coverages and clauses shall be mailed to COUNTY as referenced on Page 3 of this Agreement. 24 25 VII. INSPECTIONS AND AUDITS 26 A. ADMINlSTRA TOR, any authorized representative of COUNTY, any authorized representative 27 of the State of California, the Secretary of the United States Department of Health and Ruman Services, 28 the Comptroller General of the United States, or any other of their authorized representatives, shall have 29 access to any books, docnments, and records, including but not limited to, medical and client records, of 30 CONTRACTOR that are directly pertinent to this Agreement, lor the purpose of responding to a 31 beneficiary complaint or, conducting an audit, review, evaluation, or examination, or making transcripts 32 during the periods of retention set forth in the Records paragraph of Exhibit A to this Agreement. Such 33 persons may at all reasonable times, inspect or otherwise evaluate the services provided pursuant to this 34 Agreement, and the premises in which they are provided. 35 B. CONTRACTOR shall actively participate and cooperate with any person specified in 36 subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this 37 II 70f!4 X:\CONTRACT 1006-07\IklelllmtSfty-Santa Ana City-06-07-HH.doc KK07