2013-260 DSS - Assistance Travel and Transport to provide transportation services to clients identified by the county $35,000

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Contract#68-1020 Assistance Travel&Transport,Inc. vehicle insurance protects employers when Default and Termination employees use their personal vehicles for work purposes. Non-owned vehicle Termination Without Cause: The County may terminate insurance supplements, but does not this contract without cause by giving 30 days written replace,the car-owner's liability insurance. notice to the Contractor. The Contractor is not required to provide and maintain Termination for Cause: If, through any cause, the automobile liability insurance on any vehicle—owned, Contractor shall fail to fulfill its obligations under this hired,or non-owned--unless the vehicle is used in the contract in a timely and proper manner,the County shall performance of this contract. have the right to terminate this contract by giving written (d) The insurance coverage minimums specified in notice to the Contractor and specifying the effective date subparagraph(a)are exclusive of defense costs. thereof. In that event,all finished or unfinished deliverable (e) The Contractor understands and agrees that the items prepared by-the Contractor under this contract shall, insurance coverage minimums specified in at the option of the County, become its property and the subparagraph (a) are not limits, or caps, on the Contractor shall be entitled to receive just and equitable Contractor's liability or obligations under this contract. compensation for any satisfactory work completed on such (f) The Contractor may obtain a waiver of any one or more materials,minus any payment or compensation previously of the requirements in subparagraph (a) by made. Notwithstanding the foregoing provision, the demonstrating that it has insurance that provides Contractor shall not be relieved of liability to the County protection that is equal to or greater than the coverage for damages sustained by the County by virtue of the and limits specified in subparagraph(a). The County Contractor's breach of this agreement,and the County may shall be the sole judge of whether such a waiver withhold any payment due the Contractor for the purpose should be granted. of setoff until such time as the exact amount of damages (g) The Contractor may obtain a waiver of any one or more due the County from such breach can be determined. In of the requirements in paragraph(a)by demonstrating case of default by the Contractor, without limiting any that it is self-insured and that its self-insurance other remedies for breach available to it,the County may provides protection that is equal to or greater than the procure the contract services from other sources and hold coverage and limits specified in subparagraph(a). The the Contractor responsible for any excess cost occasioned County shall be the sole judge of whether such a thereby. The filing of a petition for bankruptcy by the waiver should be granted. Contractor shall be an act of default under this contract. (h) Providing and maintaining the types and amounts of insurance or self-insurance specified in this paragraph Waiver of Default: Waiver by the County of any default is a material obligation of the Contractor and is of the or breach in compliance with the terms of this contract by essence of this contract. the Provider shall not be deemed a waiver of any (i) The Contractor shall only obtain insurance from subsequent default or breach and shall not be construed to companies that are authorized to provide such be modification of the terms of this contract unless stated coverage and that are authorized by the Commissioner to be such in writing, signed by an authorized of Insurance to do business in the State of North representative of the County and the Contractor and Carolina.All such insurance shall meet all laws of the attached to the contract. State of North Carolina. (j) The Contractor shall comply at all times with all lawful Availability of Funds: The parties to this contract agree terms and conditions of its insurance policies and all and understand that the payment of the sums specified in lawful requirements of its insurer. this contract is dependent and contingent upon and subject (k) The Contractor shall require its subcontractors to to the appropriation, allocation, and availability of funds comply with the requirements of this paragraph. for this purpose to the County. (1) The Contractor shall demonstrate its compliance with the requirements of this paragraph by submitting Force Majeure: Neither party shall be deemed to be in certificates of insurance to the County before the default of its obligations hereunder if and so long as it is Contractor begins work under this contract. prevented from performing such obligations by any act of war,hostile foreign action,nuclear explosion,riot,strikes, Transportation of Clients by Contractor: civil insurrection,earthquake,hurricane,tornado,or other The contractor will maintain Insurance requirements if catastrophic natural event or act of God. required as noted under Article 7 Rule R2-36 of the North Carolina Utilities Commission. General Terms and Conditions-3-28-2013 Page 2 of 5