Attachment A ORDA Insurance Requirements It is the policy of the New York State Olympic Regional Development Authority (ORDA) to require all users of ORDA facilities to obtain policies of insurance with valid certificates of insurance. Therefore, each party (Vendor) that enters into an agreement with ORDA is required to submit certificates of insurance with the following minimum required insurance limits. Comprehensive Form General Liability: Each Occurrence / BI & PD Combined Occurrence $100,000 General Aggregate / BI & PD General Aggregate $200,000 To include: A.Volunteers as Insureds B.Property Insurance equal to Full Replacement Value of Vendor’s property C.Participant Liability including Accident Medical Coverage Automobile Liability including Hired and Non-owned Liability: BI & PD Combined each Accident $100,000 New York State Insurance: Worker’s Compensation valid in New York State Statutory Liquor Liability Insurance (if Vendor has a valid liquor license): Each Occurrence $1,000,000 Conditions: 1.Prior to the commencement of the agreement between ORDA and Vendor (Agreement), Vendor shallprocure all insurance coverage as required by this Attachment. Licensee shall maintain such policies in full force and effect for the entire term of the Agreement. 2.All policies of insurance shall be written by companies licensed or authorized by the New York StateDepartment of Financial Services to issue insurance in the State of New York with an A.M. Best Company rating of “A-” Class “VII” or better. If, during the term of the policy, a carrier’s rating falls below “A-” Class “VII,” the insurance must be replaced no later than the renewal date of the policy with an insurer rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report. 3.For both workers’ compensation and disability benefits insurance, at the time of the signing of theAgreement, Vendor shall provide either a CE-200 Attestation of Exemption or acceptable proof of compliant coverage as defined in this Attachment. Unless otherwise determined by the Workers’ Compensation Board, the following are the only acceptable means of proof: For workers’ compensation: a.C-105.2 Certificate of Workers’ Compensation Insurance, b.U-26.3 Certificate of Workers’ Compensation Insurance, or c.SI-12 Certificate of Worker’s Compensation Self-Insurance For disability benefits: Page 2 of 3 a. DB-120.1 Certificate of Disability Benefits Insurance, or b. DB-155 Certificate of Disability Benefits Self-Insurance An ACORD 25 form is An ACORD 25 form is NOTNOT acceptable as proof of acceptable as proof of wworkersorkers’’ ccompensation coverage or ompensation coverage or ddisability benefits isability benefits coverage.coverage. 4. Vendor acknowledges that, pursuant to Workers’ Compensation Law Sections 57 and 220 (8), ORDA cannot enter into the Agreement without receiving proof of Vendor’s compliance with or exemption from the coverage requirements of the Workers’ Compensation Law. 5. After the initial submission of proof of coverage, Vendor shall be required to provide proof of the coverage required by this Attachment within ten (10) business days of request by ORDA. All required policies of liability insurance must be written such that ORDA is afforded at least thirty (30) days’ notice prior to the effective date of any material change, cancellation or expiration of coverage. 6. Waiver of Subrogation: For insurance required pursuant to this Attachment, Vendor shall cause to be included in each of its policies a waiver of the insurer’s right to recovery or subrogation against ORDA and the State. With the exception of Umbrella Liability, a Waiver of Subrogation endorsement shall be provided in the certificate of insurance to be provided to ORDA upon request. A blanket Waiver of Subrogation Endorsement evidencing such coverage is also acceptable. 7. The certificate holder must be identified on all certificates of insurance as “New York State Olympic Regional Development Authority, 2634 Main Street, Lake Placid, NY 12946,” who shall be designated as the loss payee. 8. All certificates of insurance must be completely and accurately completed and shall reflect the date of issuance, name(s) of the insured(s), the carrier, the policy number(s), the coverage period, any deductible or self-insured retention amounts, and each occurrence limit. 9. All required commercial general liability, auto liability, liquor liability and umbrella liability policies of insurance must provide that the required coverage is primary and non-contributory to other insurance available to ORDA. 10. All certificates of insurance must be signed by an authorized representative of the insurance company. Only original forms or electronic versions of the same that can be directly traced back to the insurer, agent, or broker via email distribution or similar means will be accepted. 11. ORDA reserves the right to review any policy required pursuant to this Attachment. Vendor agrees to provide copies of any relevant required insurance policy in the event of litigation against or involving ORDA in connection with any act or omission undertaken by either ORDA or Vendor in relation to the Agreement, including, but not limited to, any discovery in connection with such litigation. 12. It shall be Vendor’s responsibility to ensure that all of Vendor’s contractors, subcontractors and/or consultants maintain in force during the term of the Agreement the types and amounts of coverage outlined in this Attachment. Vendor agrees to indemnify ORDA from any liability, exposure or damages which occur as a result of a failure to comply with the terms and provisions of this Attachment. Licensee shall hold ORDA harmless from any claims, suits, proceedings or other actions brought by or against any of Vendor’s contractors, subcontractors and/or consultants for failure to comply with the terms and provisions of this Attachment. Licensee shall be solely responsible for Vendor’s contractors, subcontractors and/or consultants who fail to comply with the requirements imposed by this Attachment. Additional Insured: The policy or polices shall be endorsed to be primary as respects the coverage afforded the New York State Olympic Regional Development Authority and others identified to be included as Additional Insured and such policy or policies shall be primary to any other insurance maintained by the New York State Olympic Regional Development Authority and others identified as Additional Insured. Additional Insured shall be defined by venue as follows: Olympic Jumping Complex: 1. The State of New York 2. The Town of North Elba 3. The Town of North Elba Park District Addresses: The State of New York The Capitol Albany, NY 12210 New York State Olympic Regional Development Authority 2634 Main Street Lake Placid, NY 12946 The Town of North Elba The Town of North Elba Park District 2693 Main Street Lake Placid, NY 12946 Venue Addresses: Belleayre Mountain 181 Galli Curci Road Highmount, NY 12441 Gore Mountain 793 Peaceful Valley Road North Creek, NY 12853 Olympic Center 2634 Main Street Lake Placid, NY 12946 Olympic Jumping Complex 5486 Cascade Road Lake Placid, NY 12946 Olympic Sports Complex 220 Bob Sled Run Lane Lake Placid, NY 12946 Olympic Training Center 196 Old Military Road Lake Placid, NY 12946 Whiteface Mountain Ski Center 5021 Route 86 Wilmington, NY 12997 Contact: Questions regarding ORDA’s Insurance Requirements shall be directed to ORDA’s Risk Manager at the following address: Olympic Regional Development Authority Attn: Cindy Dady, Risk Manager 2634 Main Street Lake Placid, NY 12946 [email protected] (518) 302-5369