2009 - 10-05-09 Regular Meeting - Laserfiche WebLink

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0 Aft BOOK ti3 FIG[ 10 conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith or not to have been supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of the appeal. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the contract and in accordance with the College's decision. 28. Bonding The Contractor shall procure a fidelity bond for all persons authorized to receive or disburse WIA funds and public agencies shall procure a public employee's faithful performance blanket bond. Nongovernmental agencies shall procure either a blanket fidelity position bond, or name schedule fidelity bond. The bond limit shall be at least the amount of compensation detailed in paragraph 4 or $50,000, whichever is less. No payments authorized under this contract shall be made to the Contractor until a copy of the bond has been furnished to the College. 29. Indemnitv and Insurance To the extent permitted under the Constitution and laws of the State of North Carolina, and to the extent such indemnity is provided for by the insurance contractor is required to maintain, the Contractor agrees to indemnify and save harmless the College, and the State, their agents and employees from and against any and all loss, cost, damages, expense, and liability caused by an accident or other occurrence causing bodily injury, including death, sickness and disease to any personnel; or damage or destruction to property, real or personal, which may arise from operations, or services rendered by the Contractor and its subcontractor(s) under this contract. The Contractor shall maintain general public liability insurance in an amount of at least $011,000 single limit coverage except where a lesser amount maybe agreed to by the College. A certificate of insurance must be submitted to the College prior to the start of the program operations. NOTE: Contractors that are state agencies or political subdivisions of the State of North Carolina are exempt from the public liability insurance requirement referenced above. Workmen's Compensation insurance is strongly recommended for all program staff working on WIA projects and such insurance is required in instances prescribed by statute. 30. Audit The Contractor agrees to have completed a fiscal and compliance audit covering the appropriate period of the contract and submit a copy to the College within thirty (30) days after the Contractor receives its completed audit but no later than Page I 1 of 16