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Risk Management Appendix
<br /> Routine* Service Agreements With Sovereign Entities and Political Subdivisions of the State of
<br /> North Dakota:
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<br /> Parties: State - State of North Dakota, its agencies, officers and employees
<br /> Governmental Entity - The Governmental Entity executing the attached document, its
<br /> agencies, officers and employees
<br /> Governments - State and Governmental Entity, as defined above
<br /> Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses
<br /> and attorneys' fees which may Jn any manner result from or arise out of this agreement.
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<br /> Each party shall secure and keep in force during the term of this agreement, from insurance companies, gov-
<br /> ernment self-insurance pools or government self-retention funds, authorized to do business in North Dakota:
<br /> 1) commercial general liability; 2) automobile liability; and 3) workers' compensation insurance covering any
<br /> and all claims of any nature applicable to such coverage which may in any manner arise out of or result from
<br /> this agreement. The minimum limits of liability required of the Government Ent are 2
<br /> and $500 000 per occurrence for co ,.~o~ ...... , ~,. ....... .~,.. $ 50.000 per person
<br /> mmer,., uo,,~,,= ,,,=u,.Ly a,a auTomoolle llaDIIl[y coverages, and statuto-
<br /> ry limits for workers compensation. The minimum limits of liability required of the State are $250,000 per per-
<br /> son and $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and
<br /> statutory limits for workers' compensation. Each party shall furnish the other certificates evidencing these
<br /> coverages are in effect and provid ng that the coverage may not be canceled or modified without thirty (30)
<br /> days prior written notice to the other party. The State reserves the right to obtain complete, certified copies of
<br /> all required insurance documents, policies, or endorsements at any time.
<br />
<br /> Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of
<br /> work set out under an agreement between that party and the non-public subcontractor, to:
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<br /> Indemnify, save, and hold harmless the Governments from any and all claims of any nature, including
<br /> costs, expenses, and attorneys fees which may in any manner arise out of or result from acts or orals-
<br /> sions in awarding this grant or performing work or activities under the contract, except for claims arising
<br /> out of the Governments' sole negligence.
<br />
<br /> S. ubcontractor shall secure and keep in force during the term of this agreement, from insurance compa-
<br /> n~es, government self-insurance pools or government self-retention funds authorized to do business in
<br /> North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insur-
<br /> ance all covering the Subcontractor for any and all claims of any nature which may in any manner arise
<br /> out of or result from this agreement. The minimum limits of liability required are $250,000 per person and
<br /> $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and statu-
<br /> tory limits for workers compensation. The Governments shall be endorsed on the commercial general
<br /> liability policy and automobile liability policy as additional Jnsureds. Said endorsement shall contain a
<br /> 'M/aiver of Subrogation" waiving any right of recovery the insurance company may have against the
<br /> Governments as well as provisions that the policy and/or endorsement may not be canceled or modified
<br /> without thirty (30) days prior written notice to the undersigned representatives of the Governments, and
<br /> that any attorney who represents the State under this policy must first qualify as and be appointed by the
<br /> North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C.
<br /> ~ection 54-12-08. Subcontractor's insurance coverage shall be primary (i.e., pay first) as respects any
<br /> Jnsurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insur-
<br /> ance or self-retention maintained by the Governments shall be excess of the Contractor's insurance and
<br /> the ' · . .
<br /> Subcontractor's insurance and shall not contribute wJth them. Any deductible amount or other obliga-
<br /> !ions under the Subcontractor's policy(ies) sha be the sole responsibility of the Subcontractor. Th s
<br /> Jnsurance may be in policy or policies of insurance, primary and excess, inc uding the so-called umbrella
<br /> or catastrophic form and be placed with insurers rated "A" or better by A.M. Best Company, Inc. The
<br /> Governments will be indemnified, saved, and held harmless to the full extent of any coverage actually
<br /> secured by the Subcontractor in excess of the minimum requirements set forth above. Subcontractor
<br /> shall furnish a certificate of insurance evidencing the above requirements to the undersigned represen-
<br /> tatives of the Governments prior to commencement of this agreement. The Government reserves the
<br /> right to obtain complete, certified copies of all required insurance documents, policies, or endorsements
<br /> at any time.
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<br />· See North Dakota Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements.
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<br /> RM Consulted 1997
<br /> Revised 6-01
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