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Risk Management Appendix <br /> <br />Routine* Service Agreements With Sovereign Entities and Political Subdivisions of the State of <br />North Dakota: <br /> <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 /> <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 in any manner result from or arise out of this agreement. <br /> <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 Entity are $250,000 per person <br />and $500,000 per occurrence for commercial general liability and automobile liability 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 path/shall furnish the other certificates evidencing these <br />coverages are in effect and providing 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: <br /> <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 omis- <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 /> Subcontractor shall secure and keep in force during the term of this agreement, from insurance compa- <br /> nies, 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 commemial general <br /> liability policy and automobile liability policy as additional insureds. Said endorsement shall contain a <br /> '~/Vaiver 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 /> Section 54-12-08. Subcontractor's insurance coverage shall be primary (i.e., pay first) as respects any <br /> insurance, 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 Subcontractor's insurance and shall not contribute with them. Any deductible amount or other obliga- <br /> tions under the Subcontractor's policy(les) shall be the sole responsibility of the Subcontractor. This <br /> insurance may be in policy or policies of insurance, primary and excess, including 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 cedificate 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. <br /> <br />*See North Dakota Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements. <br /> RM Consulted 1997 <br /> Revised 6-01 <br /> <br /> <br />