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and employees, from any and all claims, demands, suits, actions or proceedings of any
<br />kind or nature, including, but not limited to, workers' compensation claims, resulting
<br />from or arising out of the negligent acts, errors or omissions of EMPLOYER, its
<br />employees, agents or subcontractors.
<br />10. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa
<br />Ana - Santa Ana W/O/R/K Center, upon execution of this Agreement, and maintain for
<br />the period covered by this Agreement, a policy or policies of commercial general liability
<br />insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY,
<br />naming the CITY, and its officers, agents, employees and volunteers, as insured or
<br />additionally insured (see attached Additional Insured Endorsement, Exhibit C), which
<br />provides coverage not less than that provided in the form of a comprehensive general
<br />liability insurance policy against liability for any and all claims and suits for damages or
<br />injuries to persons or property resulting from or arising out of operations of
<br />EMPLOYER, and its officers, agents, or employees. Said policy or policies of insurance
<br />shall provide coverage for both bodily injury and property damage in no less than One
<br />Million Dollars ($1,000,000). Said policy or policies shall also contain a provision that
<br />no termination, cancellation or change of coverage or of insured or additional insured
<br />shall be effective until after thirty (30) days notice thereof has been given in writing to
<br />CITY. EMPLOYER shall give to CITY prompt and timely notice of claims made or suit
<br />instituted against said policy. EMPLOYER shall procure and maintain at its own costs
<br />and expense, any additional kinds and amounts of insurance which, in its own judgment,
<br />may be necessary for its proper protection.
<br />11. Record Keeping. CITY, the State of California and the United States government and/or
<br />their representatives shall have access for purposes of monitoring, auditing and
<br />examining of EMPLOYER'S activities, performance, books, documents, papers, and
<br />records of EMPLOYER'S subcontractors, bookkeepers and accountants, and employees
<br />and participants related to this Agreement. Such agencies or representatives shall also
<br />schedule on-site monitoring in their discretion. Monitoring activities may also include,
<br />but are not limited to, questioning employees and participants and entering any premises
<br />or onto any site in which any of the services or activities funded hereunder are conducted
<br />or in which any of the records of EMPLOYER are kept. Nothing herein shall be
<br />construed to require access to any privileged or confidential information as set forth in
<br />federal or state law.
<br />In the event EMPLOYER does not make the above-referenced documents available
<br />within the City of Santa Ana, California, EMPLOYER agrees to pay all necessary and
<br />reasonable expenses incurred by CITY in conducting any audit at the location where said
<br />records and books of account are maintained.
<br />All accounting records and evidence pertaining to all costs of EMPLOYER and all
<br />documents related to this Agreement shall be kept available at the location where
<br />EMPLOYER conducted the program, as well as in the County of Orange, for the duration
<br />of this Agreement and thereafter for three (3) years after completion of an audit. Records
<br />which relate to (a) complaints, claims, administrative proceedings or litigation arising out
<br />of the performance of this Agreement, or (b) costs and expenses of this Agreement to
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