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5-18-20 BOC Regular Meeting
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5-18-20 BOC Regular Meeting
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6/23/2020 1:21:50 PM
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6/23/2020 1:21:45 PM
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Admin-Clerk
Document Type
Minutes
Committee
Board of Commissioners
Date
5/18/2020
Book No
31
Page No
524
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Contract# 1 20/21 <br /> (Contractor)Christian Healthcare Adult Daycare <br /> Attachment A <br /> General Terms and Conditions <br /> Relationships of the Parties Indemnity and Insurance <br /> Independent Contractor: The Contractor is and shall be Indemnification: The Contractor agrees to indemnify <br /> deemed to be an independent contractor in the and hold harmless the County and any of their officers, <br /> performance of this contract and as such shall be wholly agents and employees, from any claims of third parties <br /> responsible for the work to be performed and for the arising out or any act or omission of the Contractor in <br /> supervision of its employees. The Contractor represents connection with the performance of this contract. <br /> that it has, or shall secure at its own expense, all <br /> personnel required in performing the services under this Insurance: During the term of the contract, the <br /> agreement.Such employees shall not be employees of,or Contractor at its sole cost and expense shall provide <br /> have any individual contractual relationship with the commercial insurance of such type and with such terms <br /> County. and limits as may be reasonably associated with the <br /> contract. As a minimum,the Contractor shall provide and <br /> Subcontracting: The Contractor shall not subcontract maintain the following coverage and limits: <br /> any of the work contemplated under this contract without (a) Worker's Compensation - The contractor shall <br /> prior written approval from the County. Any approved provide and maintain Worker's Compensation <br /> subcontract shall be subject to all conditions of this Insurance as required by the laws of North <br /> contract.Only the subcontractors specified in the contract Carolina, as well as employer's liability coverage <br /> documents are to be considered approved upon award of with minimum limits of$500,000.00, covering all <br /> the contract. The County shall not be obligated to pay for of Contractor's employees who are engaged in <br /> any work performed by any unapproved subcontractor. any work under the contract. If any work is <br /> The Contractor shall be responsible for the performance sublet, the Contractor shall require the <br /> of all of its subcontractors. subcontractor to provide the same coverage for <br /> any of his employees engaged in any work under <br /> Assignment: No assignment of the Contractor's the contract. <br /> obligations or the Contractor's right to receive payment (b) Commercial General Liability-General Liability <br /> hereunder shall be permitted. However, upon written Coverage on a Comprehensive Broad Form on <br /> request approved by the issuing purchasing authority,the an occurrence basis in the minimum amount of <br /> County may: $1,000,000.00 Combined Single Limit. (Defense <br /> (a) Forward the Contractor's payment check(s) cost shall be in excess of the limit of liability.) <br /> directly to any person or entity designated by the (c)Automobile Liability Insurance: The Contractor <br /> Contractor, or shall provide automobile liability insurance with a <br /> (b) Include any person or entity designated by combined single limit of $500,000.00 for bodily <br /> Contractor as a joint payee on the Contractor's injury and property damage; a limit of <br /> payment check(s). $500,000.00 for uninsured/under insured motorist <br /> In no event shall such approval and action obligate the coverage; and a limit of $2,000.00 for medical <br /> County to anyone other than the Contractor and the payment coverage. The Contractor shall provide <br /> Contractor shall remain responsible for fulfillment of all this insurance for all automobiles that are: <br /> contract obligations. (a) owned by the Contractor and used in the <br /> performance of this contract; <br /> Beneficiaries: Except as herein specifically provided (b) hired by the Contractor and used in the <br /> otherwise,this contract shall inure to the benefit of and be performance of this contract; and <br /> binding upon the parties hereto and their respective (c) Owned by Contractor's employees and <br /> successors.It is expressly understood and agreed that the used in performance of this contract("non- <br /> enforcement of the terms and conditions of this contract, owned vehicle insurance"). Non-owned <br /> and all rights of action relating to such enforcement,shall vehicle insurance protects employers <br /> be strictly reserved to the County and the named when employees use their personal <br /> Contractor.Nothing contained in this document shall give vehicles for work purposes. Non-owned <br /> or allow any claim or right of action whatsoever by any vehicle insurance supplements, but does <br /> other third person. It is the express intention of the County not replace, the car-owner's liability <br /> and Contractor that any such person or entity, other than insurance. <br /> the County or the Contractor, receiving services or <br /> benefits under this contract shall be deemed an incidental The Contractor is not required to provide <br /> beneficiary only. and maintain automobile liability insurance <br /> on any vehicle — owned, hired, or non- <br />
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