2013-288 Aging - Premier Home Health Care Services Inc for In-Home Health Services $415,647

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Contract#68-2020 Premier Home Health Care Services,Inc. owned vehicle insurance"). Non-owned The contractor will maintain Insurance requirements if vehicle insurance protects employers when required as noted under Article 7 Rule R2-36 of the North employees use their personal vehicles for Carolina Utilities Commission. work purposes. Non-owned vehicle insurance supplements, but does not replace,the car-owner's liability insurance. Default and Termination The Contractor is not required to provide and maintain Termination Without Cause: The County may terminate automobile liability insurance on any vehicle—owned, this contract without cause by giving 30 days written hired,or non-owned--unless the vehicle is used in the notice to the Contractor. performance of this contract. (d) The insurance coverage minimums specified in Termination for Cause: If, through any cause, the subparagraph(a) are exclusive of defense costs. Contractor shall fail to fulfill its obligations under this (e) The Contractor understands and agrees that the contract in a timely and proper manner,the County shall insurance coverage minimums specified in have the right to terminate this contract by giving written subparagraph (a) are not limits, or caps, on the notice to the Contractor and specifying the effective date Contractor's liability or obligations under this contract. thereof. In that event,all finished or unfinished deliverable (f) The Contractor may obtain a waiver of any one or more items prepared by the Contractor under this contract shall, of the requirements in subparagraph (a) by at the option of the County,become its property and the demonstrating that it has insurance that provides Contractor shall be entitled to receive just and equitable protection that is equal to or greater than the coverage compensation for any satisfactory work completed on such and limits specified in subparagraph(a). The County materials,minus any payment or compensation previously shall be the sole judge of whether such a waiver made. Notwithstanding the foregoing provision, the should be granted. Contractor shall not be relieved of liability to the County (g) The Contractor may obtain a waiver of any one or more for damages sustained by the County by virtue of the of the requirements in paragraph(a)by demonstrating Contractor's breach of this agreement,and the County may that it is self-insured and that its self-insurance withhold any payment due the Contractor for the purpose provides protection that is equal to or greater than the of setoff until such time as the exact amount of damages coverage and limits specified in subparagraph(a). The due the County from such breach can be determined. In County shall be the sole judge of whether such a case of default by the Contractor, without limiting any waiver should be granted. other remedies for breach available to it,the County may (h) Providing and maintaining the types and amounts of procure the contract services from other sources and hold insurance or self-insurance specified in this paragraph the Contractor responsible for any excess cost occasioned is a material obligation of the Contractor and is of the thereby. The filing of a petition for bankruptcy by the essence of this contract. Contractor shall be an act of default under this contract. (i) The Contractor shall only obtain insurance from companies that are authorized to provide such Waiver of Default: Waiver by the County of any default coverage and that are authorized by the Commissioner or breach in compliance with the terms of this contract by of Insurance to do business in the State of North the Provider shall not be deemed a waiver of any Carolina.All such insurance shall meet all laws of the subsequent default or breach and shall not be construed to State of North Carolina. be modification of the terms of this contract unless stated 0) The Contractor shall comply at all times with all lawful to be such in writing, signed by an authorized terms and conditions of its insurance policies and all representative of the County and the Contractor and lawful requirements of its insurer. attached to the contract. (k) The Contractor shall require its subcontractors to comply with the requirements of this paragraph. Availability of Funds: The parties to this contract agree (1) The Contractor shall demonstrate its compliance with and understand that the payment of the sums specified in the requirements of this paragraph by submitting this contract is dependent and contingent upon and subject certificates of insurance to the County before the to the appropriation, allocation, and availability of funds Contractor begins work under this contract. for this purpose to the County. Transportation of Clients by Contractor: Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of General Terms and Conditions—(07/10) Page 2 of 5