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<br />Risk Managell)ent Appendix
<br />
<br />(f.
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<br />Routine" Service Agreements With Sovereign Entities and Political Subdivisions of the State of North Dakota:
<br />Parties: State - State of North Dakota, its agencies, officers and employees
<br />Governmental Entity - The Governmental Entity executing the attached document, its agencies, officers
<br />and employees
<br />Governments - State and Government Entity, as defined above
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<br />Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and
<br />attorney's fees which may in 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, government
<br />self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following
<br />insurance coverages covering the Governments for any and all claims of any nature which may in any manner arise
<br />out of or result from this agreement:
<br />
<br />1) Commercial general liability and automobile liability insurance - minimum limits of liability required of the
<br />Governmental Entity are $250,000 per person and $500,000 per occurrence, The minimum limits of liability
<br />required of the State are $250,000 per person and $1,000,000 per ,occurrence.
<br />2) Workers compensation insurance meeting all statutory limits,
<br />3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to
<br />the undersigned State representative,
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<br />The Sovereign Entity or Political Subdivision shall furnish certificates evidencing the requirements' in 1. and 3
<br />above to the undersigned State representative prior to commencement of this agreement. The State reserves
<br />the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any
<br />time.
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<br />Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set
<br />out under an agreement between that party
<br />and the non-public subcontractor, to:
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<br />Indemnify, save, and hold harmless the Governments from claims resulting from the performance of the
<br />subcontractor or its agent, including costs, expenses, and attorney's fees which may in any manner arise out of
<br />or result from acts or omissions in awarding this grant or performing work or activities under the contract.
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<br />Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies,
<br />government 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 all covering the
<br />Subcontractor for any and all claims of any nature' which may in any manner arise out of or result from this
<br />agreement. The minimum limits of liability required are $250,000 per person and $1 ,000,000 per occurrence for
<br />commercial general liability and automobile liability coverages, and statutory limits for workers compensation,
<br />The Governments shall be endorsed on the commercial general liability policy and automobile liability policy as
<br />additional insureds, SaId endorsement shall contain a "Waiver of Subrogation" waiving any right of recovery the
<br />insurance company may have against the Governments as' well as provisions that the polipy and/or
<br />endorsement may not be canceled or modified without thirty (30) days prior written notice to the undersigned
<br />representatives of the Governments, and ~hat any attorney whorepre~ents the State under th.is policy must first
<br />qualify as and be appointed by the North Dakqta Attorney General as a Special Assistant Attorney General as
<br />required under N.D,C,C, Section 54-12-08, Sl!bcontractor'sinsurance coverage shall be primary (Le:, pay first)
<br />as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-
<br />insur9nce, or self-retention mainfained by the Governments shall. be eXcess of theCbntractor's insurance and
<br />the Subcontractor's insurance and shall not contribute with them, Any deductible amount or other obligations.
<br />, under the Subcontractor's policy(les) shall be the sole responsibility of the Subcontractor, This insurance may
<br />be in policy or pOliCies of insurance, primary' and excess, including the so-called umbrella or catastrophe form
<br />and be placed with insurers .rated "A" or better by A.M, Best Company, Inc. The Governments will be .
<br />indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor
<br />in excess of the minimum requirements set forth above, The Government Entity th,at hired the Subcontractor
<br />-shall be held responsible for ensuring compliance with the above requirements by all Subcontractors, The
<br />Governments reserve the,right to obtain complete, certified copies of all required insurance documents, policies,
<br />or endorsements at any time,
<br />
<br />.See North Dakota Risk Management Manlial, section 5.1 for discussion of "unique" and "routine" agreements.
<br />- RM Consulted 1997
<br />Revised 1-05
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