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<br />Risk Management Appendix
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<br />Routine" Service Agreements WilhSovereign 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 Enlily 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 inciuding all costs. expenses and
<br />allorney'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 agreemenl, 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:
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<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 ot 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 State reserves the right to obtain complete, certified copies of all required insurance documents,
<br />policies, or endorsements at any 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 />Indemnity. save, and hold ,harmless the. Governments from claims resulting from the performance of the
<br />subcontractor or its agent, including cos~s, expenses, and attorney's fees which may in any manner arise ~ut of
<br />or result from acts or omissions in awarding this grant or periorming worker 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:-insuranca pools or' gove'rnment s.elf~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 aU claims. of any nc~ture which may in any manl1er 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 a~tomobile liability coverages, and statutory limiis tor workers compensation.
<br />The Governments shall be endorsed on the commercialgeneralliabilitypolicy and automobile liabiiity poliCY as
<br />additional insureds. S.aid endorsement shall contain a ,'Waiver of Subrogation" waiving any right a/recovery the
<br />insurance company may have against the, Governments as well as provisions that the policy and/or
<br />endorsement may not be .canceied or modified without thirty (30) days prior written notice to the undersigned
<br />representatives of the Governm"ents, and that any attorney who represents the State under this policy must first
<br />qualify as and be appointed by the North Dakota Attorney General as.a Special Assistant Attorney General as
<br />required under N,D.C.C. Section 54-12-08, Subcontractor's insura,nce coverage shall be primary (Le" pay first)
<br />as respectsany)nsurance, self-insufan~e or self~retention main~ained by the Governments. Any insurance, 5e11-
<br />insurance 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 obligations
<br />under the Subcontractor's policy(ies) .shall be the sole responsibility of the Subcontractor, This insurance may
<br />be,in policy or policies of insurance, primary and excess, including'theso-called umbrella orcatastrophe 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 aclually secured by the Subcontractor
<br />in excess of the minimum requirements 5.6t forth above. The Government Entity that hlre.d the Subcontractor
<br />shall be held responsible for ensuring compliance with the . above requir~ments by all Subcontractors. The
<br />Governments reseIV6 the right to. obtain complete, certified caPles of all required insurance documents. policies,
<br />or endorsements at any time. .
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<br />'See North Dakota Risk Management Manual. section 5,1 for discussion of "unique" and "routine" agreements.
<br />, RM Consulted 1997
<br />Revised 3-06
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