OTHER-2024-045 In-Home Aide Contract with Medisolutions, Inc

Browse Search

Docusign Envelope ID:529084AE-3510-4F14-BBF8-4F8B38300ABA owned vehicle insurance"). Non-owned vehicle insurance protects employers Default and Termination when employees use their personal vehicles for work purposes. Non-owned Termination Without Cause: The County may vehicle insurance supplements, but does terminate this contract without cause by giving 30 days not replace, the car-owner's liability written notice to the Contractor. insurance. Termination for Cause: If, through any cause, the The Contractor is not required to provide and maintain Contractor shall fail to fulfill its obligations under this automobile liability insurance on any vehicle—owned, contract in a timely and proper manner, the County shall hired, or non-owned--unless the vehicle is used in the have the right to terminate this contract by giving written performance of this contract. notice to the Contractor and specifying the effective date (d) The insurance coverage minimums specified in thereof In that event, all finished or unfinished subparagraph(a) are exclusive of defense costs. deliverable items prepared by the Contractor under this (e) The Contractor understands and agrees that the contract shall, at the option of the County, become its insurance coverage minimums specified in property and the Contractor shall be entitled to receive subparagraph (a) are not limits, or caps, on the just and equitable compensation for any satisfactory work Contractor's liability or obligations under this contract. completed on such materials, minus any payment or (f) The Contractor may obtain a waiver of any one or more compensation previously made. Notwithstanding the of the requirements in subparagraph (a) by foregoing provision, the Contractor shall not be relieved demonstrating that it has insurance that provides of liability to the County for damages sustained by the protection that is equal to or greater than the coverage County by virtue of the Contractor's breach of this and limits specified in subparagraph(a). The County agreement, and the County may withhold any payment shall be the sole judge of whether such a waiver due the Contractor for the purpose of setoff until such should be granted. time as the exact amount of damages due the County from (g) The Contractor may obtain a waiver of any one or more such breach can be determined. In case of default by the of the requirements in paragraph(a)by demonstrating Contractor, without limiting any other remedies for that it is self-insured and that its self-insurance breach available to it, the County may procure the provides protection that is equal to or greater than the contract services from other sources and hold the coverage and limits specified in subparagraph (a). Contractor responsible for any excess cost occasioned The 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 to be such in writing, signed by an authorized Commissioner of Insurance to do business in the State representative of the County and the Contractor and of North Carolina. All such insurance shall meet all attached to the contract. laws of the State of North Carolina. (j) The Contractor shall comply at all times with all Availability of Funds: The parties to this contract agree lawful terms and conditions of its insurance policies and understand that the payment of the sums specified in and all 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: The civil insurrection,earthquake,hurricane,tornado,or other 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—(06/16) Page 2 of 5