CMS-07-021/023 - Los Angeles County Department of Children and ...

current year Contract or TAUF (as defined in Part I, Sub-section 24.6), then
CONTRACTOR shall obtain COUNTY’s prior written approval for the purchase
by notifying COUNTY by certified mail. COUNTY shall, within 15 working days
of receipt of any such request for approval, provide a written response to
CONTRACTOR by certified mail. If COUNTY’s response is not received within
10 working days, CONTRACTOR will notify the Director’s designee.
25.4 Upon obtaining COUNTY’s prior written approval, the items referenced in Subsection
25.3 may be purchased and owned by CONTRACTOR as provided by
law. If such prior written approval is not obtained by CONTRACTOR, no title to
any of the items referenced in Sub-section 25.3 will vest with CONTRACTOR.
All Fixed Assets not requiring COUNTY’s prior written approval, as described in
Sub-section 25.3, shall be deemed owned by CONTRACTOR.
26.0 MUTUAL INDEMNIFICATION
26.1 CONTRACTOR shall indemnify, defend and hold harmless COUNTY, its
Special Districts, elected and appointed officers, employees, and agents
(COUNTY) from and against any and all liability and expense, including defense
costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, property
damage, and/or violation of any applicable Municipal, County, State, and
Federal laws and regulations, Court Rules or ordinances resulting from or
connected with CONTRACTOR’s acts or omissions resulting from its
performance of this Contract but only in proportion to and to the extent such
liability, expense or damage is caused by any negligent or willful act or omission
of CONTRACTOR, its employees or agents.
26.2 CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its
agents, officers and employees from any and all CONTRACTOR employee
Worker’s Compensation claims, suits, liability, or expense resulting from its
performance of this Contract and will bear the sole responsibility and liability for
furnishing Worker’s Compensation benefits in an amount and form to meet the
State of California’s statutory requirements, and in amounts as set forth in Part
I, Sub-section 6.3, to any and all CONTRACTOR personnel for injuries arising
from or connected with Services performed under this Contract.
26.3 CONTRACTOR shall indemnify COUNTY, and hold it harmless from any and
all loss, damage, costs, and expenses, including reasonable attorney’s fees,
suffered or incurred on account of any breach by CONTRACTOR of the
obligations and covenants described in Sub-sections 26.1 and 26.2.
26.4 COUNTY shall indemnify, defend, and hold harmless CONTRACTOR, its
agents, officers and employees from and against any and all liability, expense,
including defense costs and legal fees, and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, or
property damage resulting from or connected with COUNTY’s acts or
DCFS GH Contract
Part I: Unique Terms and Conditions
37