Agenda - 09-22-1987 - Laserfiche WebLink

Browse Search

026 decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all or part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fulfilling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/$50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefoe lead to termination of the Agreement by COG. The Agency shall hold COG harmless for any damages to the person or property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this contract; or if services do not meet standards as set forth by N.C. Division of Aging; or if for nutrition service specifically, meals fail to follow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, C O G shall give the Agency written notice specifying such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as foresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liabilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined.