Common use of Major Default Clause in Contracts

Major Default. Major defaults shall be limited to: 1. Failure of Metro West Ambulance to operate the ambulance service in substantial compliance with applicable Federal, State and County laws, rules and regulations or as may be amended. 2. Supplying false or misleading information or information so incomplete as to mislead. 3. Willfully falsifying data supplied to the County during the term of this Agreement. 4. Failure to provide an employee handbook and benefit package which promote and allow for a positive work environment and stable work force. 5. Failure to meet the performance standards as set forth in Code, Rule or this Agreement. 6. Failure to maintain equipment in accordance with the maintenance practices proposed and accepted or to replace equipment in accordance with the proposed and accepted equipment replacement policy except as extended use is approved by the County. 7. Failure of Metro West Ambulance to furnish key personnel of the quality and experience proposed. 8. Suspension or revocation of ambulance license issued by the State of Oregon or Washington County. 9. Filing of Chapter 7 or Chapter 11 bankruptcy (Title 11, U.S.C.), voluntary or involuntary bankruptcy, general assignment for the benefit of creditors, and appointment of a trustee. 10. Failure to meet response time requirements as determined by Administrative Rule. If the County changes response areas or response time requirements (not to include expanding response areas to meet the Urban Growth Boundary as established by Metro,) an adequate period of time shall be given, at the discretion of the County, for Metro West Ambulance to modify their system status management and/or deployment plan. During this period of time major default and liquidated damage assessments will be suspended. 11. A second occurrence of failure to respond to a 911 call to which an ambulance is dispatched in any one day, to be measured from 12:00 AM to 11:59 PM. A failure to respond shall not be counted against this standard, if due to an event determined, in the discretion of the County, to be beyond the control of Metro West Ambulance, and Metro West Ambulance has not reduced the number of ambulances below the number called for in Metro West Ambulance’s SSM plan, has activated all appropriate mutual aid agreements and has, in the sole discretion of the County, taken all reasonable steps to increase available resources, such as staffing and equipping reserve units and calling staff in to work. Unless the second occurrence of failure to respond is determined, in the discretion of the County to be beyond the control of Metro West Ambulance, a second occurrence in any one day, as defined above, shall, at the option of the County, activate the Safety Net Provisions of the Franchise Agreement. A failure to respond shall be defined as the inability to respond with a State licensed paramedic ambulance within ten (10) minutes on a code 3 call or twenty (20) minutes on a code 1 call. 12. Failure to take corrective action in response to repeated assessment of penalties under this Agreement or Administrative Rules. 13. At the option of the County, termination of insurance coverage, without alternate, comparable, County approved coverage. 14. Failure to maintain the performance security or the availability of equipment to the County as provided in this Agreement. 15. Four occurrences of failure to meet staffing requirements in any one- (1) month shall be a major default for which the Safety Net provisions of this Agreement, at the option of the County, shall apply. 16. Any failure to comply with a term of this Agreement which is expressly identified in the Agreement Documents as grounds for finding a major default or implementing the take-over provisions.