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BOOK 2; 31 IaGr x.01 <br />conclusive unless determined by a court of competent jurisdiction to have been <br />fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith or <br />not to have been supported by substantial evidence. In connection with any <br />appeal proceeding under this clause, the Contractor shall be afforded an <br />opportunity to be heard and to offer evidence in support of the appeal. Pending <br />final decision of a dispute, the Contractor shall proceed diligently with the <br />performance of the contract and in accordance with the College's decision. <br />28. Bonding <br />The Contractor shall procure a fidelity bond for all persons authorized to receive <br />or disburse WIA funds and public agencies shall procure a public employee's <br />faithful performance blanket bond. Nongovernmental agencies shall procure <br />either a blanket fidelity position bond, or name schedule fidelity bond. The bond <br />limit shall be at least the amount of compensation detailed in paragraph 4 or <br />$50,000, whichever is less. No payments authorized under this contract shall be <br />made to the Contractor until a copy of the bond has been furnished to the College. <br />29. Indemnity and Insurance <br />To the extent permitted under the Constitution and laws of the State of North <br />Carolina, and to the extent such indemnity is provided for by the insurance <br />contractor is required to maintain, the Contractor agrees to indemnify and save <br />harmless the College, and the State, their agents and employees from and against <br />any and all loss, cost, damages, expense, and liability caused by an accident or <br />other occurrence causing bodily injury, including death, sickness and disease to <br />any personnel; or damage or destruction to property, real or personal, which may <br />arise from operations, or services rendered by the Contractor and its <br />subcontractor(s) under this contract. The Contractor shall maintain general public <br />liability insurance in an amount of at least $500,000 single limit coverage except <br />where a lesser amount maybe agreed to by the College. A certificate of insurance <br />must be submitted to the College prior to the start of the program operations. <br />NOTE: Contractors that are state agencies or political subdivisions of the <br />State of North Carolina are exempt from the public liability <br />insurance requirement referenced above. <br />Workmen's Compensation insurance is strongly recommended for all program <br />staff working on WIA projects and such insurance is required in instances <br />prescribed by statute. <br />30. Audit <br />The Contractor agrees to have completed a fiscal and compliance audit covering <br />the appropriate period of the contract and submit a copy to the College within <br />thirty (30) days after the Contractor receives its completed audit but no later than <br />Page I 1 of 16 <br />