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Risk Management Appendix <br /> <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 /> <br />Governmental Entity - The Governmental Entity executing the attached document, its agencies, officers and <br />employees <br />Governments - State and Government 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 and attorney's <br />fees which may in any manner result from or adse out of this agreement. <br /> <br />Each party shall secure and keep in fome during the term of this agreement, from insurance companies, govemment self- <br />insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance <br />coverages covering the Governments for any and all claims of any nature which may in any manner adse out of or result <br />from this agreement: <br /> <br />1) Commercial general liability and automobile liability insurance - minimum limits of liability required of the <br /> Governmental Entity ara $250,000 per person and $500,000 per occurrence. The minimum limits of liability required <br /> 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 the <br /> undersigned State representative. <br /> <br />The Sovereign Entity or Political Subdivision shall furnish certificates evidencing the requirements in I through 3 <br />above to the undersigned State representative prior to commencement of this agreement. The State reserves the <br />dght to obtain complete, certified copies of 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 work set out <br />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 costs, expenses, <br />and attorney's fees which may in any manner arise out of or result from acts or omissions in awarding this grant or <br />performing work or activities under the contract, except for claims arising out of the Governments' sole negligence. <br /> <br />Subcontractor shall secure and keep in fome dudng the term of this agreement, from insurance companies, govemment <br />self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commemial <br />general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any <br />and all claims of any nature which may in any manner adse out of or result from this agreement. The minimum limits of <br />liability required are $250,000 per person and $1,000,000 per occurrence for commercial general liability and <br />automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on <br />the commercial general liability policy and automobile liability policy as additional insureds. Said endorsement shall <br />contain a "Waiver 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 without thirty <br />(30) days pdor written notice to the undersigned representatives of the Governments, and that any attorney who <br />represents the State under this policy must first qualify as and be appointed by the North Dakota ^ttomey General as a <br />Special Assistant Attomey General as required under N.D.C.C. Section 54-12-08. Subcontractor's insurance coverage <br />shall be pdmary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the <br />Governments. Any insurance, self-insurance or self-retention maintained by the Govemments shall be excess of the <br />Contractor's insurance and the Subcontractor's insurance and shall not contribute with them. Any deductible amount or <br />other obligations 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, pdmary and excess, including the so-called umbrella or catastrophe <br />form and be placed with insurers rated "A" or better by A.M. Best Company, Inc. The Govemments will be indemnified, <br />saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor in excess of the <br />minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be held responsible' <br />for ensudng compliance with the above requirements by all Subcontractors. The Governments reserve the dght to <br />obtain complete, certified copies of all required insurance documents, policies, or endorsements 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 5-03 <br /> <br /> <br />