WIXLIB

5.Breach for Lack of Proof of Coverage. The failure to comply with the requirementsof this Attachment at any time during the term of the Contract shall be considered a breachof the terms of the Contract and shall allow the People of the State of New York, the NewYork State Office of General Services, any entity authorized by law or regulation to use theContract and their officers, agents, and employees to avail themselves of all remediesavailable under the Contract or at law or in equity.6.Self-Insured Retention/Deductibles. Certificates of Insurance must indicate theapplicable deductibles/self-insured retentions for each listed policy. Deductibles or selfinsured retentions above 100,000.00 are subject to approval from OGS. Such approval shallnot be unreasonably withheld, conditioned or delayed. Bidders and Contractors shall besolely responsible for all claim expenses and loss payments within the deductibles or selfinsured retentions. If the Bidder/Contractor is providing the required insurance through selfinsurance, evidence of the financial capacity to support the self-insurance program along witha description of that program, including, but not limited to, information regarding the use of athird-party administrator shall be provided upon request.7.Subcontractors. Prior to the commencement of any work by a Subcontractor, theContractor shall require such Subcontractor to procure policies of insurance as required bythis Attachment and maintain the same in force during the term of any work performed by thatSubcontractor. An Additional Insured Endorsement CG 20 38 04 13 (or the equivalent)evidencing such coverage shall be provided to the Contractor prior to the commencement ofany work by a subcontractor and pursuant to the timelines set forth in Section A.13. below,as applicable. For subcontractors that are self-insured, the subcontractor shall be obligatedto defend and indemnify the above-named additional insureds with respect to CommercialGeneral Liability and Business Automobile Liability, in the same manner that thesubcontractor would have been required to pursuant to this section had the subcontractorobtained such insurance policies.8.Waiver of Subrogation. For all liability policies (with the exception of TechnologyErrors and Omissions/Professional Liability) and the workers’ compensation insurancerequired below, the Bidder/Contractor shall cause to be included in its policies insuring againstloss, damage or destruction by fire or other insured casualty a waiver of the insurer’s right ofsubrogation against The People of the State of New York, the New York State Office ofGeneral Services, any entity authorized by law or regulation to use the Contract and theirofficers, agents, and employees, or, if such waiver is unobtainable (i) an express agreementthat such policy shall not be invalidated if the Contractor waives or has waived before thecasualty, the right of recovery against The People of the State of New York, the New YorkState Office of General Services, any entity authorized by law or regulation to use the Contractand their officers, agents, and employees or (ii) any other form of permission for the releaseof The People of the State of New York, the New York State Office of General Services, anyentity authorized by law or regulation to use the Contract and their officers, agents, andemployees. A Waiver of Subrogation Endorsement shall be provided upon request. A blanketWaiver of Subrogation Endorsement evidencing such coverage is also acceptable.9.Additional Insured. The Contractor shall cause to be included in each of the liabilitypolicies (with the exception of Technology Errors and Omissions/ProfessionalLiability)required below for on-going and completed operations naming as additional insuredNew York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

(via ISO form CG 20 10 04 13 or CG 20 38 04 13 and CG 20 37 04 13 and form CA 20 48 1013, or a form or forms that provide equivalent coverage): The People of the State of NewYork, the New York State Office of General Services, any entity authorized by law orregulation to use the Contract and their officers, agents, and employees. An AdditionalInsured Endorsement evidencing such coverage shall be provided to OGS pursuant to thetimelines set forth in Section B below. A blanket Additional Insured Endorsement evidencingsuch coverage is also acceptable. For Contractors who are self-insured, the Contractor shallbe obligated to defend and indemnify the above-named additional insureds with respect toCommercial General Liability and Business Automobile Liability, in the same manner that theContractor would have been required to pursuant to this Attachment had the Contractorobtained such insurance policies.10.Excess/Umbrella Liability Policies. Required insurance coverage limits may beprovided through a combination of primary and excess/umbrella liability policies. If coveragelimits are provided through excess/umbrella liability policies, then a Schedule of underlyinginsurance listing policy information for all underlying insurance policies (insurer, policynumber, policy term, coverage and limits of insurance), including proof that theexcess/umbrella insurance follows form must be provided upon request.11.Notice of Cancellation or Non-Renewal. Policies shall be written so as to includethe requirements for notice of cancellation or non-renewal in accordance with the New YorkState Insurance Law. Within five (5) business days of receipt of any notice of cancellation ornon-renewal of insurance, the Contractor shall provide OGS with a copy of any such noticereceived from an insurer together with proof of replacement coverage that complies with theinsurance requirements of this Solicitation and any Contract resulting from this Solicitation.12.Policy Renewal/Expiration Upon policy renewal/expiration, evidence of renewal orreplacement of coverage that complies with the insurance requirements set forth in thisSolicitation and any Contract resulting from this Solicitation shall be delivered to OGS. If, atany time during the term of any Contract resulting from this Solicitation, the coverageprovisions and limits of the policies required herein do not meet the provisions and limits setforth in this Solicitation or any Contract resulting from this Solicitation, or proof thereof is notprovided to OGS, the Contractor shall immediately cease work. The Contractor shall notresume work until authorized to do so by OGS.13.Deadlines for Providing Insurance Documents after Renewal or Upon Request.As set forth herein, certain insurance documents must be provided to the OGS AgencyProcurement Office contact identified in the Contract Award Notice after renewal or uponrequest. This requirement means that the Contractor shall provide the applicable insurancedocument to OGS as soon as possible but in no event later than the following time periods: For certificates of insurance: 5 business daysFor information on self-insurance or self-retention programs: 15 calendar daysFor other requested documentation evidencing coverage: 15 calendar daysFor additional insured and waiver of subrogation endorsements: 30 calendar daysNotwithstanding the foregoing, if the Contractor shall have promptly requested the insurancedocuments from its broker or insurer and shall have thereafter diligently taken all stepsNew York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

necessary to obtain such documents from its insurer and submit them to OGS, OGS shallextend the time period for a reasonable period under the circumstances, but in no event shallthe extension exceed 30 calendar days.B.Insurance RequirementsBidders and Contractors shall obtain and maintain in full force and effect, throughout the term ofany Contract resulting from this Solicitation, at their own expense, the following insurance withlimits not less than those described below and as required by the terms of any Contract resultingfrom this Solicitation, or as required by law, whichever is greater:Insurance TypeCommercial General LiabilityGeneral AggregateProducts – Completed OperationsAggregatePersonal and Advertising InjuryEach OccurrenceDamage to Rented PremisesMedical Expenses LimitBusiness Automobile LiabilityInsuranceData Breach and Privacy/CyberLiabilityTechnology Errors and OmissionsCrime InsuranceWorkers’ CompensationDisability Benefits 2,000,000 eachoccurrence 2,000,000 2,000,000Proof of Coverageis DueUpon notification oftentative award andupdated inaccordance withContract 1,000,000 2,000,000 50,000 5,000 21,000,000 eachoccurrence 5,000,000 5,000,000 5,000,0001.Commercial General Liability Insurance: Such liability shall be written on the currentedition of ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage.Policy shall include bodily injury, property damage and broad form contractual liabilitycoverage. General Aggregate Products – Completed Operations Aggregate Personal and Advertising Injury Each OccurrenceCoverage shall include, but not be limited to, the following: Premises liability arising from operations; Independent contractors;New York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

Blanket contractual liability, including tort liability of another assumed in a contract;Defense and/or indemnification obligations, including obligations assumed under theContract;Cross liability for additional insureds; andProducts/completed operations for a term of no less than one (1) year, commencingupon acceptance of the work, as required by the Contract.2.Business Automobile Liability Insurance: Such insurance shall cover liability arisingout of automobiles used in connection with performance under the Contract, including owned,leased, hired and non-owned automobiles bearing or, under the circumstances under whichthey are being used, required by the Motor Vehicles Laws of the State of New York to bear,license plates.In the event that the Contractor does not own, lease or hire any automobiles used inconnection with performance under the Contract, the Contractor does not need to obtainBusiness Automobile Liability Insurance, but must attest to the fact that the Contractor doesnot own, lease or hire any automobiles used in connection with performance under theContract on a form provided by OGS. If, however, during the term of the Contract, theContractor acquires, leases or hires any automobiles that will be used in connection withperformance under the Contract, the Contractor must obtain Business Automobile LiabilityInsurance that meets all of the requirements of this section and provide proof of suchcoverage to OGS in accordance with the insurance requirements of any Contract resultingfrom this Solicitation.3.Data Breach and Privacy/Cyber Liability: Contractors are required to maintainduring the term of this Contract and as otherwise required herein, Data Breach andPrivacy/Cyber Liability Insurance, including coverage for failure to protect confidentialinformation and failure of the security of the Contractor’s computer systems or the AuthorizedUsers’ systems due to the actions of the Contractor which results in unauthorized access tothe Authorized User(s) or their data.Said insurance shall provide coverage for damages arising from, but not limited to thefollowing: Breach of duty to protect the security and confidentiality of nonpublic proprietarycorporate information;Personally identifiable nonpublic information (e.g., medical, financial, or personal innature in electronic or nonelectronic form);Privacy notification costs;Regulatory defense and penalties;Website media liability; andCyber theft of customer’s property, including but not limited to money and securities.If the policy is written on a claims made basis, Contractor must submit to OGS anEndorsement providing proof thatthe policy provides the option to purchase an Extended Reporting Period (“tail coverage”)providing coverage forNew York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

no less than one (1) year after work is completed in the event that coverage is cancelled ornot renewed. This requirement applies to both primary and excess liability policies, asapplicable.4.Technology Errors and Omissions: Contractors are required to maintain during theterm of the Contract and as otherwise required herein, Technology Errors and OmissionsInsurance. Said insurance shall provide coverage for damages arising from computer relatedservices including but not limited to the following:1.2.3.4.5.6.7.8.9.10.11.Consulting;Data processing;Programming;System integration;Hardware or software development;Installation;Distribution or maintenance;Systems analysis or design;Training;Staffing or other support services; andManufactured, distributed, licensed, marketed or sold cloud computing services.The policy shall include coverage for third party fidelity including cyber theft.If the policy is written on a claims made basis, Contractor must submit to OGS anEndorsement providing proof that the policy provides the option to purchase an ExtendedReporting Period (“tail coverage”) providing coverage for no less than one (1) year after workis completed in the event that coverage is cancelled or not renewed. This requirement appliesto both primary and excess liability policies, as applicable.5.Crime Insurance: Contractors are required to maintain during the term of the Contractand as otherwise required herein, Crime Insurance. Crime Insurance on a “loss sustainedform” or “loss discovered form” providing coverage for Third Party Fidelity. In addition to thecoverage above: The policy must allow for reporting of circumstances or incidents that might give rise tofuture claims.The policy must include an extended reporting period of no less than one (1) year withrespect to events which occurred but were not reported during the term of the policy.Any warranties required by the Contractor’s insurer as a result of this Contract mustbe disclosed and complied with. Said insurance shall extend coverage to include theprincipals (all directors, officers, agents and employees) of the Contractor as a resultof this Contract.The policy shall include coverage for third party fidelity, including cyber theft if notprovided as part of Cyber Liability, and name the People of the State of New York, theNew York State Office of General Services, any entity authorized by law or regulationto use this Contract as an Authorized User and their officers, agents, and employeesas “Loss Payees” for all Third Party coverage secured. An Endorsement naming asLoss Payees “The People of the State of New York, the New York State Office ofGeneral Services, any entity authorized by law or regulation to use this Contract as anNew York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

6.5.Authorized User and their officers, agents and employees” shall be provided uponrequest. A blanket Loss Payee Endorsement evidencing such coverage is alsoacceptable. This requirement applies to both primary and excess liability policies, asapplicable.The policy shall not contain a condition requiring an arrest and conviction.Workers’ Compensation Insurance and Disability Benefits RequirementsSections 57 and 220 of the New York State Workers’ Compensation Law require the headsof all municipal and state entities to ensure that businesses applying for contracts haveappropriate workers’ compensation and disability benefits insurance coverage. Theserequirements apply to both original contracts and renewals. Failure to provide proper proofof such coverage or a legal exemption will result in a rejection of a Bid or any contractrenewal. A Bidder will not be awarded a Contract unless proof of workers’compensation and disability insurance is provided to OGS. Proof of workers’compensation and disability benefits coverage, or proof of exemption must be submitted toOGS at the time of notification of tentative award, policy renewal, contract renewal and uponrequest. Proof of compliance must be submitted on one of the following forms designated bythe New York State Workers’ Compensation Board. An ACORD form is not acceptableproof of New York State workers’ compensation or disability benefits insurancecoverage.Proof of Compliance with Workers’ Compensation Coverage Requirements: Form CE-200, Certificate of Attestation for New York Entities With No Employees andCertain Out of State Entities, That New York State Workers’ Compensation and/orDisability Benefits Insurance Coverage is Not Required, which is available on the Workers’Compensation Board’s website (www.wcb.ny.gov); Form C-105.2 (9/15), Certificate of Workers’ Compensation Insurance, sent to OGS bythe Contractor’s insurance carrier upon request, or if coverage is provided by the NewYork State Insurance Fund, they will provide Form U-26.3 to OGS upon request from theContractor; or Form SI-12, Certificate of Workers’ Compensation Self-Insurance, available from the NewYork State Workers’ Compensation Board’s Self-Insurance Office, or Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group SelfInsurance, available from the Contractor’s Group Self-Insurance Administrator.Proof of Compliance with Disability Benefits Coverage Requirements: Form CE-200, Certificate of Attestation for New York Entities With No Employees andCertain Out of State Entities, That New York State Workers’ Compensation and/orDisability Benefits Insurance Coverage is Not Required, which is available on the Workers’Compensation Board’s website (www.wcb.ny.gov); Form DB-120.1, Certificate of Disability Benefits Insurance, sent to OGS by theContractor’s insurance carrier upon request; or Form DB-155, Certificate of Disability Benefits Self-Insurance, available from the NewYork State Workers’ Compensation Board’s Self-Insurance Office.An instruction manual clarifying the New York State Workers’ Compensation Lawrequirements is available for download at the New York State Workers’ CompensationNew York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

Board’s website, http://www.wcb.ny.gov.Once on the site,Employers/Businesses tab and then click on Employers’ Handbook.clickontheContractor acknowledges that failure to obtain and/or keep in effect any or all requiredinsurance on behalf of OGS constitutes a material breach of contract and subjects itto liability for damages, indemnification and all other legal remedies available to OGS.Contractor’s failure to obtain and/or keep in effect any or all required insurance shallalso provide the basis for OGS’ immediate termination of any contract resulting fromthis Solicitation, subject only to a five (5) business day cure period. Any terminationby OGS under this section shall in no event constitute or be deemed a breach of anycontract resulting from this Solicitation and no liability shall be incurred by or ariseagainst the Office of General Services, its agents and employees therefore for lostprofits or any other damages.New York State – Office of General ServicesRFP 2137 – RMISAppendix D- Insurance Requirements

RFP #2137 Risk Management Information System (RMIS)Attachment 2 Cost Proposal FormRFP #2137 ADDENDUM #1Attachment 2RFP Attachment 1Cost Proposal Form

OGSRFP 2137RFP Attachment 1Revised Cost Proposal FormRisk Management Information SystemItem VII: Total Project CostsCompany Name:Total Project Cost (Item VI) :Early payment discounts offered ‐%withindays after receipt of proper invoice%withindays after receipt of proper invoiceSIGN BID HEREAuthorized SignaturePrint NameTitleOfficial Company NameFEINNOTES:Cells this color can be filled out by each bidder.Cells this color use calculations to determine the value and cannot be edited by the bidder.Bid submitted must include a value for each Item amount listed on the Cost Form. Failure to do so will result in the rejection of the Bid.

OGSRFP 2137RFP Attachment 1Revised Cost Proposal FormRisk Management Information SystemCompany Name:This sheet will be used to capture all of the costs for this OGS implementation of the solution. It contains multiple tables formated to capture the cost datafor the various components of the system being proposed. It is designed to capture potential Cloud subscription costs and perpetual license costs. Youmay not need to enter data into every table. Only fill out those lines that are relevant to your solution and enter 0 for any that are not relevant, or if thereis no charge. Any fields left blank will considered no cost and will not be billable to OGS.Item I: On‐Premise Infrastructure CostsThe table below is to capture all infrastructure costs associated with solutions deployed in the NYS Data Center. If your solution will be deployed in theNYS Data Center, we need to know therecommended configuration for all servers and database instances to support the application, broken down into web servers, application servers, and database instances. OGS is expecting to hav

RFP #2137 Risk Management Information System (RMIS) *If submitting a proposal, this Addendum #1 for RFP #2137must contain an original signature, be dated, attached to, and made a part of your proposal. Company Name Address (include City, State, Zip)