Loading...
Additions to Council, June 13, 2011 (2) ADDITIONS TO COUNCIL, MONDAY, JUNE 13, 2011 COUNCIL Deputations 1. Niagara to GTA Corridor Study, copy of power point presentation. Reports 1. MW- 2011 -25 - Niagara Falls Soccer Club Indoor Facility Proposal a) Correspondence from Tim Chamberlain, President NFSC Inc. 2. L- 2011 -12 - General Insurance and Risk Management Program RFP a) Correspondence from Amedeo Condotta. By -law Additional by -law 1. 2011 -82 - A by -law to authorize the execution of an Agreement with Hemson Consulting Ltd. respecting Development Charges Peer Review Agreement. Council Info 1. Correspondence from Ruth Ann Nieuwesteeg, Main & Ferry BIA re: Farmers Market • i( AO k If • yy ** gg�Y 1 l V CI • * r‘ l arat (I) 1 11 1 f (a) fl '-,i: CC ""C3 *1J tk- (NI Cif) , 1 T 0 14N IE Nilvai i {$4 `; a ..,7 Z CU 1 si 0 Z Z 1 Z } Z -,- . ft ..„.„.. , i 4111 t -1-J t • t ,,,-- ,,- 4 1 4 7 it ! / : - 4 - -= - - ' ' - ' ' r r ' • 1 ft ___, 3 4 .• , ,,, o , f -I, 14_ ..., 2 E " \,, • i— —. c — , ' 4 ., , '• i c t "-. 7 : ' .., . fn , -:: ■ r g f - 5,.- . _i , t •, , '... i \---- . , tz ! 4 1 4 ! T . ,,.. ! ''' ' ■ 444 . CD FI P (/' ;ta, 2 t r f. ■ ire, .' -: 0 ''' .-T , ,,,,; ,... .. , , ,,,.., ___— — 1 ' . o , ...-. 1, , 01. ,, 0 .. - - - - - - -....,. . o "...„/ , ?:- — :-.. ,, - • , c , , c , . _ , _ _ .,„ _ _ — . .. • .„. , .... - . 0 ,... _ '470! P I 74 i. 17 :.... r 3i. ----,.... , r.,°, •-• . , .s• = ,,,, . . a• *1 ,.' ---, — _, --. / . — , ' i = , . = 7 4 4 .... , i ' / , • , == ; 7: 7 7 - .": ''' , .... /, . i .r I all / , \ "'-'--I .„ ...- ■.-. .7: = I , . = 1 „---- \ ----.. = - ' 43 ---- t.- -- !,. - ,..- . ...7., ....., .., „... .----- ti : . , 0111 \ , . / IL_ .. •:. ...... ..... '' ., -. r .... 1 - - ' J E tar at; = 4.• i CD )•• • .0 • .1.1 0 .0 0 0 ; '. ,-1 u _ 0 0 V) - 1 5 4...i = o 0 L. CM N = 1- CA tn • E 1- _ ... _ o fa al ... o • 4.) -1-• a) -,I _ = r 1-1 = , ...... 0 0 p.9 L. 0 0 ...._ ..... . 0 4-• 0 tz 0 0 cu c 0 = 0 , 0 N ° kn A 0 E ' o tz a z E cu 1 5 0 fa co . ( Z ko , 4 s. 1 ... w 01 0- Li- i 4 4 f : . i .. ,; ., , . . , . , , . I i ! i ) ... . .' / ,I"' Cr) . 1 -,, : .„. , 2 t , . . . * , .., , . _ _-- - ., - 1 4 --,P , f, , ;•-• ,. ,., , ,,..:,', , Ar.''' , c '-.•"' - ' . ' '4i, . .44:4 s t ..... It. 0 ., '' , : 1 ---: ..., c_) NC c U ro o..... >-- ........ _ 0 (f) 2 ,o,... ...,....., . ca.. . 44- ''''''''''' C (75 _....,... 4.9 ra ,___ c„L, .4.-.) _ 1 a,, ru ci. u c ....... ro ca. a). . ru 1 4.....4 c > .--, 4.---- ru U rJ own 0 0 c a) cL. f.r) 0 ,...... 2: LU NI (,... (,......D • 0 C 0 • 111 c fa .:4 a.. . , , ...t, , • Of , 1,„.. , O. , in ›.. 4 ' = , . . .. (0 ,.. 10 ,,..., • - . , .. . , . c , i 071 , - 4a •. . - i c ft3 4 • Cs 1 .0 ... .. ; • ... , 4.+ . , t • la• = 0 t N <, . . . i C k - . .; fa s- ' . f". IU C . / : ■, - 1 . 4.• 7 .. ft 0 • ' 7 . .., - 1 .,.= ....:. , , .. . 1 0. _.i.„.....• . . a) .. re „ X 1 --, • C , 1 ,, 0 .... 4a a) L. '.--.. E L , 4-1 '-•• - . ... : C .... 1 Cr 6.$ . - • (4 .) '' '',. ,4 ' . "' „ i t 1 ' ,,.:,,; 40- ., . ,, ' ''''' ,, ,, ,e ZII X g 4Zia. ) , : SON fa ..:. .- C O - :1- --- ..., -- 7 L'.•, t 7. i - ,..'" ; I; , :, 101.111 U . , m P --1 17'4 g • W _ . .: . - ' . I , '. ' ' .. - g ? , ., 4. . ' , ■ / , .. IM (1) 0 - , ..-• „ . . . , C 0 , r4 ' - : , . ''-- ., L 0 -•"-- 0 ' o :,..,:',,,,, . - ,::- • - • oi 3, .. ., , 111 / '' . .9 IMO .. - a I ..r. A A o 6 > j 4 u d , '4 0 4' i+ fts > L • W 1 4 3 > i d � a ,g "seas ''- X 1 4 ,* is . ' 'c al 1111, cc e 0 0 , a+ ■ C Q { t�X. Z E ' �� to k ' O mid 8 c . 0 E O 0 E Q. ._ i /011f i • -•. r it { C7 ,' r C t. 0 3 -: r G. r. * 'y i-i U V L € 1- .. r ya �`� -� .i ` a �. E zr 141 .. _ • q • a t S- . 1 o' X, v L • tr � .,.. a � � eo !� x s Z * f1 •, s 11 .1 PZ = — I .z >a %.,,- T' L,' 1: C 1 ; ' # — ..L,"... , , z s . a f IIIIt ....,, ,,,,,, � ` t - - ♦ is ' e j T 1 I ' \. r �� E , ' 1 • 1 : 4.. - •• � • . . ` ::' 0 te r 0... tv 4 c - "5 g '3, t.4 o i • 2 1- E v 1 .10 le 1 - ■%'., C - u41 a) 0 i i • .4, . . ... z -_, . , • ., - i , g a; vs - 4 , , • 43 - . t ,„ 4 , (,,,,, • - - - I. f : . C 4 r1 ::: ,.: - . .-'' , ■'..4 r - '.-_,. -,..„. .. :-.,=;- . . . . „ . , i *it 1 ".. 1 -r 4 . A 1 ,.. • -.?,..,. , ‘ . 11 . .. If ,,, 4. ft, -1: , ■ r . . 4 . . . . . . . . . CO) fbt . , i 1 *•,,,,,„ ,,,, i . • 1 : ,, ..1 N ' • t- i Ir 4t . ',e.. s It ( #••••4 004110. N.11 , '' "PK ...“ t E ...,‘ G. *.. t. o ' 1 i ' ' ,,,,;, , , . ■-.!. , ',., -. - ! , , li 1 l Z 4 t . If. • - 11 1 , - ■ s .''' , * . • ****, 04, ,":1 A , 3 I4g VI , 1 i 0' 1 0 i ,•0 '-- k fok-a *tot f!'4 , .4 , 1 ,.. .-4.4 1 .1_ 1 _ f = - a . .014,0 f _a p , ...., r:4,s ...._•13 .. : • : , , ,--: .i>,..„ ,, • . .; , 1 tr. E 4.!..1*-°, ' • . I It* *** . •,, C r ..4 *I : "",,* ., 1 1 045. Pgv, ' i ., ''' 'Z) tZ1 .4,„.:- ...... i .. , , ' ' / 4 1 4.,,,,,z cr r , . . v . . ... . .(.4.,) 13, z t,i; ft , . . , . . •...,.., - . lok iw c:) 1.,. , . , 't 4 .4,,, 4 -4 ,., i .._., 1 t . - 1 ,..1 ,...v '''' 11 : ' . . . , 1.) ql L. .,., .. ,„,,,, ` - '.:' ....•'• ,,, , , , . ,.. t c. E — . .. ... 16 44 . , - - - - • , - - - - - Li*, 1% 1 (:) MP 4.. , :-..... ...'t• i , ... - . # ' 1 . ccs 22 a) t 44( P „,•,.. ..., • „ 1 -- fi . 4.• .r t * , . *..• . . - ".L" F 4 * = 5 . ..-1 . (/) i t`• - -,=: 7) 5 2 F. ; E = 21 -0 . . .... ±' < P 0.) a: u) ---. '— - . • r 0 ,i) -0 3 • -, = LLI CZ CD 1 .■ - "2 u, 11 1 tl• : 0 ... 6...' a) 2 22 > __c 0 0., ,?,.. .r._- , n No• 1 - s . s < - c a) -4, s (i) c -- s To -).. c::, • GD i i : t ,,$) # / . , . .. 03 z 2 a_ ui f 2 .... it • v).? N. i c) r - co t • 03 : c.., 1 1 1 L • I''''' Q) ■ ...:. /... '1. 1 --- a) 1 1 1 0.1 8 1 :IL • ‘,. 0 ° s o e I • — , ..r. ... • I Z — • ..• I ',. , 0., •• , I 1 4 , - I e l F ti. 4 . , , 1 , / . 1 co / N I t I I I :I' ,...• ........ # ' 1 .. „ s• • ..". 4 1 . . ,..".... .. 14. as". : z # •:". Cr) =, . ...... 0 ' ..., = = . .. ,. z - ..... - r i 1..; -, -." ,,. i : ' ' - - .: i ",,,,,,,' i . = = 7.7.■ '''' - . (.0 ,, ,.. .„....: ....„..... _ _..... ,.., + ._ _ , . ., 4 , 1 i .:: .... ,..., , u) ,..... , r I , I I 74-- I .. / I . - -.. = - - i . c.) , . s = ... = ....„. , t ..... ..: - :,..• 7 7 3 = . .....= ...... , , .„..c. , , , , , ....., ....: ,..,.: . , ...., ' ' ..... . ag . J... . , ....... .._ . .... . _ .L _ , .,...... ...„,........- „L..... 7-..- = . ...:., ,..., ,...., ._ .... aff. f ic. a 4 Z7} 'r- CD mss." N 4c u 0 ` 1 3 � _ ♦ j Y L T a d It H.� I Y c ! N -0 -, W cc, 5 �. 1 T x .,rl � 1 - oO • 1 e - CC ` d Q y L >= N p O , , *� • ' 1. _ G 3 � �� 3 7, 2 __ 3 ` v R, # ) 3 ! C ti 1` — 1i x cu :n W E.) cc Z u.7 _1 x • 1 .1 C Z 2 G... Z2 W 2 ' V re... c " I 1 O Q J 1 _ j _ + U o e 1 o ta r • , � , - v w `iii W 1 i L► : • i i 1 4. 1 1 • •... a I` . �' 1 , Z � 1 f�• ti / f-,.. • t 7 1 Q t I- if Ch • %* / _ 4 1 44,, t / II '^L + 1 + 3 ♦..•• t, • t = \,- _ + r , ,, 4 ;.i.,„,.. / �,-,' • t t M . J f 6 t _ � �; Z `1 ;:u V L _ SIN Ili EIII - ?.. c: • - . , , cc t rm 22 < a) .0 'J - c E • . •. . (TS c - 73 a) "2 7-- c» , s I -„, .c.-. Dy..... ,. • • i 4, I % 1 ' cr) aa , ._ ,-, ,.--_. „., ,-- g :.1 g „,` T 5- , 3 . . .., I. .„ ..,, ..., ... . 0, ._, — T ._, _r_ = LIJ cr., 5 c,) 2 .o......r s -1: — ' , • . - '..) ' ,--'. "'""" Nev.— • ' • TCS C5 c) t ,= ,,, ‹i 7) 92 ._ — -$ q- 1 R s, < 4 4`f H .,-- ...., Y., 0) ,- a) 3.- „H-- •,-,,, ,- 2 -1 ) rn 1-.7 a) czw_i 7, ..- _ a) / I p mz 2 2 E ( 2 E w I Pm • I . fa MI 0 .' I I t ' • + I am I • -,::, 2 _..... 0 , .11 o z . • ..., CO ii in - '11 I - s — ;4' (1) a • r a a. ... 1 .1.... _ t I r• : .z " ' I • # 1 ... .... II I I .. I . 1 1 -...:,. i i .4 t , — i 0 # , o t t , CD ' , Il 2, At I , / cp , • , ..,, 4 , , i c-a —, , r --. ..... ‘.. Sftrio i I P 1 `,... **.... dr t 1 r 8 I •• t • e t , , .-* ''',..- : •.••• t -- — r. . , - • ' - " ... _ ,. ...= _ z.t. .- ,--.> 11 7. = - _ — -' — .. -, _ . '..T.: '.../ - r* + 9 / ..- 7 , 0 = t'•1 , mall ; O 41 - * - — ..': E _ S 72: C'si til , -111P . • 3.-. .7 - - 2. 2 2 l'. ttr r / 7 ' e .., ...., # ...-- • .- P ^ = if _ -1:: ...,. ......• gle r . • '717 c...% .....-- .„---, - ..., .:,.. „ • – .,....- — 7 .-...." — — = — — :.! ...., IN tP , • ,., ,,ii 14 1 ' , , ••111 i, .411111( , , m < a) L7. ..._. -o P #0,. 0ft we ow.. t f fib >, = 'f:3 E i I - • IP.S -, 1) Ft 'A . .._. . I _ I 01 — 7, — 6 : • ' t... >, c'E >, - 2 7,-) ,„- -a -t- f7- c.-,, a_ ,-- . ' , v ..;,. .• 9-' %.: E '.. co e- c , §' ,-=. g i r•., -. .1 0) - - - c.) c , 5 ,:-- - a a_ t % t . A, - -I m ?.72 I/ . _ n - u Es 2 -> -: : 4 . a < 0 7 - 5 ,,, r - c u < '7 ,1.' c 7 -4- , r .• - cq k 0 ,..,-.)..m-z„.„_,5•-, -,-a-) . • • • M CY m I . I , . f I j ,. . , I a) .1 7 II qt. - e .1 I ' • (0 - 414.4. ;.-.; • . ; -t =, _ .. _ 1 • --; , -1 nr 1 -4- ..., i•‘.,',1: 1 . a .... 1 3. I, - s . • • ‘ ••..- ' : i i-,5 I o — 1 „,-.. N :1 ;a ■ i 't ,.11-.. ' + •r. I, _ . ..... . .... I ' ', -.z."- .....0. ......-.. .4 I ..1 . i '-,-.,, ..-- ---•-, . - rf ,-,' .2 i . i 4„, ';1 `"•- • - - ' 7. ' I i .r—I „ '-•, ' **..„ 5 tO t CO _ ,.. c = N i .„. ,.., -, + t . t -... -.414110 , -.".= z' •• .. ',- - = + t.11 - ' • ,.' vs t . .., ' ,...",.. "-. + • ',-.' -, ' i • >..,..:"- / ''',.., 4. ,.. . '‘. / .......... 4 . 0 • -", N, .—......, 1 = , ,...., i - t' . :: i • 's.. ino ......„.,,_ _ = . -•, , ... : L . ..., ;',. It i / = ... . .. .•'''' i 4 111 ' CI 1: 3 .11' cc, • .:, / r i (11) ' ...... .. .., co i . , . 0 . . , . II 1 • • _.., , - ....._( ,_ 0 . , . = . PI :. ,§. 1 4- , , • ..>-. 7'. • -- _ '‘a- , , •,,,, , „„,1 - 7 3 i •-• ,...) ...1 ..., ,,_ • i — -- .• i: = ._ . -..r. , t ,...... , .... :.-.1 .......- _ ...... .... .....- - = ,..- ..,,,s , .....„ ...... — — ,i.,. ... 11 cd - i.. ..., -- . - - W ...„. k• ; - c:.•, , ...< ( , (1) 4. ommft. < • I - * • '0, - , .....• r (.D - > .. .., . - , . 03 •-- 2 t. ,, , < ,,._ u..i / 1 .'.:::,',!,.;. * .& L. 03 ›, c - , 46 r3 cr, - , „. . . -,- • ,.. a) E- 1 . 1 . - - (1) -_- T) -_-, --,, ->. ,=. 1 • .,.: n IA N.„, I ; I .. ( I , -.7. >, g5 ?-. - < ru '('-., 7 .-.= g_ 7.-..., 5--- .0"•■■ ft...0 ■ / 0 '"'".".# ,2..- Le; No"'" .-47. ,,.• - i ,,,„, , = _,= 2 , a , 0,.... ) w E - ,f2," o ... L-, g. = I__ .,.. 4, ... . k .. ___ = o ‹ ,r) - 6 = / • ... ..,, . .,z- t = ) ,-, r- 1 1 . no •... .; I ,....), -"-= ;,:..'Y'444'.,:- '■ - • ' I -I: ,,,,. , ..., .-- , - 4,11 LAII 1, 8 .:..•*,-, - - r ' r,■ * ... I . ,-, V' 0114 . %. C.) * I •-' .' 4.. L. I I t" . w ,i,. • • _ ;.- :,- .::: 7-, • • 1 4.. --`: • .>: I o r - :, .. t o I / / s i • ev • / / I ■••,‘,- :-. •.-- ' "I"-.., Al .4.. / 0 • . -", „.) : ,.... # -...,,, S / / 0 / : - .., ...-/ .:''':•. , 'ft '-, • S / / . . ,-., '.!-....„ , \ ...... - 4 0 ....-. c .7. .tt-....,,,, --r. t...■ . - g - ._ . 1.• 1 ,,, 16,.t,,i,, .t,,io - j• J' ,: .._:. i .4 -..., = - , . 19 .- = 1 I . . i = ' '`., •' , / \ , , . I . I , -- ,--, it ' ' - ' A. - - " - • - / III '1 % - . -i :0 .. , ,,.-^-' k' ,,,, • ' 'L / : 7.- I • c...• B - - - •,•' - ' •- i „ 7.7 ... = . :lc l .7. ..; c • c.: LI"' ., - V C. I / . E - 7 g , 3 .... _. . ‘ ... I , - = .„- .4.-, = .... ...... . . . ,_ -. .---- . .. = . t..... = . , ,...... .,„....... ; ... _ . , . - - .- .*::: S , - .,_, g li 1 li :1 10 Ire l:P **D ris a iii • . IS q y . t 1 !., 4 T _ l � 4 E �� ??rr 4 � f , ,...„ , ::. -,, , , ,. „, , , iiiti: -. , ,,,,... _ 4d i ".„ Y .. ,,..! IS tK k., Mill I Ifi - -� g •,„„...5 .. VII ill 4 MI 0 rMOP • , . v U If- . r , . 1 Y" I I i t - 1.--1 1 -.. IRON ib. c 1 0 , ...., . ........,C ,- 11 % , AS 0 , mil •NI. 101 k; = F, a i• L. r) T r ^ne� TMS�++ g #. L 1 fin • i 1 �6 »> george bandi < niaaraolymoiahomes ©sympatico.ca> 6/10/2011 4:50 PM >» Hi Dean Please note that Tim Chamberlain would like to speak on behalf of the soccer club at Mondays Council meeting. Thanks again George (6/13/2011) Dean lorfida - dean iorida.docx Page 1 W • 38(10 Springdale _ -\ e . \iagara Falls O\ 1 2J -IJ3 (q05) 3'4 -4040 nfscottice gmail.com Hand delivered 06/13/2011 Attn Dean lorfida Thank you for the copy of the Staff's Report. I have read the report and the NFSC is in favor of the P3 application to be submitted we want to move forward immediately with this project: with it being viable for the community Time being of the essence. we do not want to wait for the P3 applications to be awarded. We are requesting that council grants the following: 1] waiver of Development Charges 2] waiver of Building Permit fees 3] waiver of Site Plan processing fees We also request that the City contributes and makes a commitment tonight to the 25% or One Million dollars that would be required under the P3 program. Also. we are in agreement, per the report's heading (Financial implications) that staff recommended operations and maintenance be the responsibility of the NFSC Please circulate this letter to all council members Thank you for your co operation Tim Chamberlain President NFSC Inc. P ral ar gThl q ACA a v MY PROGRAM �j►�� L- 2011 -12 Niagaraaalls June 13, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2011 -12 General Insurance and Risk Management Program RFP Our File No. 2011 -75 RECOMMENDATION That the City enter the Ontario Municipal Insurance Exchange ( "OMEX ") Insurance Reciprocal and contract with OMEX for insurance coverage for a premium of $1,454,622.00. EXECUTIVE SUMMARY As Council will recall, the City engaged Meyers Norris Penny LLP ( "MNP ") in July, 2010 to complete a thorough review of risk management practices of the municipality, with the objective to provide a framework for improving these practices. In addition, this review included a review of insurance coverages and established guidelines to issue an RFP later in 2011 for insurance. To meet the City's insurance requirements until the review is completed, the City has engaged the current insurance provider, Frank Cowan Company Limited ( "Cowan ") to extend the insurance coverage for six months, ending June 30, 2011. The annual insurance coverage for the library and the volunteer firefighters is recommended as the risk management review does not cover the library. The MNP review was completed in March, 2011, so as to provide an adequate time frame for Council review of recommendation and of issuing and reviewing the RFP. Staff circulated an RFP for Insurance and Risk Management Services. Three bidders responded. The quality of each of the bids was acceptable. There was little to choose between them on a qualitative basis. Price was, therefore, the critical determining factor in Staff's recommendation. The lowest price offered was that of the OMEX Insurance Reciprocal at $1,454,622.00. BACKGROUND On December 13, 2010, the City renewed its insurance coverage through Cowan for a six month period ending June 30, 2011. The City's insurance requirements and portfolio had not been reviewed for quite some time. Council directed that a review be undertaken. Having received the consultant's evaluations, recommendations and observations, on March 4, 2011, Staff issued RFP P10 -2011, an RFP for a General Insurance and Risk Management Program. The original closing date was to be May 6, 2011, however, at the request of two of the proponents, the date for closing was extended until June 3, 2011. June 13, 2011 - 2 - L- 2011 -12 Three Proposals were received; The Verge Insurance Group ( "Verge "), Cowan and OMEX. Verge and Cowan are conventional insurance brokers. OMEX is an Insurance Reciprocal. An Insurance Reciprocal is an institution licensed under the Insurance Act under which organizations of similar interests (such as municipalities) agree to indemnify one another and to administer funds and contracts of insurance to protect the members of the group from the financial impact of legal liabilities for specified risks. In essence, a Reciprocal is an insurance cooperative. Something like a credit union of insurance. Each of the proponents demonstrated experience in the municipal insurance field, competence in the area of claims and risk management, and offered a program of risk management assistance to the City that would be beneficial to the City's interests. Staff, therefore, feels comfortable in relying upon price as the determining factor for its recommendation. OMEX offers the best price. The bids are as follows: • OMEX $1,454,622.00 • Verge $1,552,643.00 • Cowan $1,556,146.00 ANALYSIS /RATIONALE Each of the proponents' references were satisfactory. References from members of OMEX were particularly positive in their comments and open to detailed questioning as to their experience with the Reciprocal. The Reciprocal is governed by the same rules that govern conventional insurance companies. It appears to be very successful and has at least 28 members including, London, Milton, Fort Erie, Brampton, Grimsby, Thorold and Lincoln. A complete list of the partner municipalities is attached as Schedule "A ". MNP advises that the insurance coverages offered by the three proponents are virtually identical and that all three are reported to be financially sound. FINANCIAL /LEGAL IMPLICATIONS Both Verge and Cowan are conventional insurance brokers. OMEX is an insurance cooperative or Reciprocal. One downside to a Reciprocal is that it is possible that there could be what is called a retro- assessment. A retro- assessment occurs when the losses for a given policy period exceed the premiums collected to finance the losses that were anticipated for that period. Essentially, retro- assessments amount to an after the fact premium. The information that Staff received is that retro- assessments rarely occur, but do occur from time to time. It should be noted that the Reciprocal Agreement also provides that, in the event that the premiums collected for a given underwriting period exceed the claims paid during that period, the members of the Reciprocal would receive a refund. Actual municipal representatives sit on the Board of OMEX to ensure that the interests of individual member municipalities are well represented. Staff, with the assistance of MNP, have determined that the City would benefit from adopting a $100,000.00 deductible on general liability matters. To date, the City has employed a $50,000.00 deductible. This will result in an estimated savings of premiums in the amount of $236,227.00. The actual savings will depend on the number of proven claims in an amount between $50,000.00 and $100,000.00 that occur during the premium year. The automobile deductible would be increased from $10,000.00 to $25,000.00. June 13, 2011 - 3 - L- 2011 -12 CITY'S STRATEGIC COMMITMENT This will contribute to the economic vitality, financial stability and customer service excellence of the City, by securing adequate insurance protection at the best possible price. ATTACHMENTS • Schedule "A" - Partner Municipalities • Specifications of insurance to be purchased (pages 28 through to and including 45 of RFP P10 -2011) Recommended by:' 1, 1 Y� Ken Beaman, City Solicitor Respectfully submitted: Ken '`fodd, Chief Administrative Officer KB Attachments SCHEDULE" Our 2011 Clients Include: Town of Arnprior Town of Grimsby City of Orangeville City of Brampton City of Kawartha Lakes City of Owen Sound Town of Caledon Township of King County of Renfre_✓. County of Duftenn Municipality of Leamington City of Sarnia Town of East Gw!Ilhmbury Town of Lincoln Township of Tiny Town of For Erie City of London City of Thorold Township of Front of Yonge Town of Milton City of Thunder Bay Town of Gananoque Town of Mississippi Milles Town of Whitchurch /Stouffville Town of Georgina Town of Newmarket City of Windsor Township of Norwich General Insurance and Risk Management Program Page 28 RFP P10-2011 - City of Niagara Falls b) The proposed fee and /or premium will represent the only payment to be received by the supplier for services rendered, except for other additional services requested by the City and mutually agreed upon in advance. Proposals will be evaluated on the basis of total premium cost andior broker fees_ Full points will be awarded to the lowest premium that meets all coverage specifications. Premiums should be quoted net of commissions If broker or agent commissions are included in the premium, then the percentage of the commission must he clearly identified. PART E - COVERAGE SPECIFICATIONS 5. Coverage Specifications 5.1 Coverage Requirements Coverage requirements for policies are outlined on the following pages: (I) Municipal Liability Insurance. (2) Errors and Omissions Liability Insurance. (3) Non - Owned Automobile Insurance. (4) Environmental Liability Insurance. ( 5) Crime Insurance. (6) Councillors` and Board Members' :Accident insurance. (7) Municipal Conflict of Interest Insurance Le` =al Expense Insurance. (`?) Recreation Affiliates- Genera: Liability and Non - Owned Automobile. 0) Property Insurance_ 11) Boiler and Machinery Insurance. (1 2) Automobile Fleet Insurance (City & Libran. )_ (13) Automobile Fleet Insurance (Transit). 14) Garage Automobile Insurance. 15) Other Miscellaneous Insurance_ Copies of specimen wordings are to be included in three (3) of the seen (7) required copies of the Proposal for each policy quoted, including all endorsements. Ilia policy limit is not achieved through one primary liability policy - insurer, but through excess or umbrella policies, the specimen wordings of the excess or umbrella policies and all applicable endorsements must also be provided in the Proposal. All excess liability insurers must also be clearly identified in the Proponent's Proposal as well as on the Premium Cost Quotation Form included in Part F. A declarations page or summary of coverage page should be included identifying all applicable coverage. limits, sub- limits, aggregate limits and deductibles that apply to each policy. All specimen wordings provided must be complete, legal insurance contracts containing all essential components of a standard insurance policy. Insurers may quote on their own wordings as long as coverage is equal to, or greater than, the attached policies in force for the expiring term. Differences must be identified and noted in the proposal. General Insurance and Risk Management Program Page 29 RFP P10 -2011 - City of Niagara Falls 1. MUNICIPAL LIABILITY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and /or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of We Downtown Business Improvement Arca The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Insures all operations of the City against claims arising from bodily injury. property damage and personal injury. LIMITS OF PROTECTION PER OCCURRENCE: 20,000,000.00 any one liability churn with no annual aggregate $ 15,000,000 00 any one liability claim with no annual aggregate (Library) Defence costs are provided in addition to the policy limit DEDUCTIBLE: S 50.000.00 Third Party Claims Deductible (including expenses) $ 50.000.00 Sewer Backup Deductible (including expenses) $ 2,500.00 Third Party Claims and Sewer Backup Deductible (including expenses) (Library) 5,000.00 Wrongful Dismissal Deductible POLICY COVERAGE AND CONDITIONS: - Bodily injury, property damage and personal injury and professional liability - No annual aggregate - Separate limit of liability - Broad definition of insured applies, including: Councillors, employees, statutory officers, firefighter, volunteers- boards, commissions and committees - Cross Liability included - Employers' liability - Contractual liability - Liquor liability - Products liability - Watercraft liability - Marina liability - Blanket tenants' legal liability (full policy limit) - No exclusion for sexual, physical, mental abuse and employment - related practices claims - Coverage applies worldwide - Professional Liability (including Medical Malpractice) provided on an occurrence basis to the full policy limit - Wrongful Dismissal (defence costs) coverage provided to a limit per claim and annual aggregate limit of 5250,000.00 - Sewer Back Up coverage included to full policy limit ATTACH SPECIMEN COPY OF PROPOSED POLICY & LIST EXCLUSIONS General Insurance and Risk Management_ Program Page 30 RFP P10 -2011 - City of _Niagara Falls 2. ERRORS AND OMISSIONS LIABILITY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and/or Niagara Fails Library Board Niagara Falls Board of Museums The Board of :Management of the Downtown Business Improvement Area The Board of - Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of _Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Insures the City for claims arising from an error. omission, misleading statement or neglect or breach of duty. LIMITS OF PRO TLCTION PER CLAIM: 320,000.000.00 any one claim with no annual aggregate 31 5.000.000.t00 any one claim with no annual agare_'ate (Library) 00.00u 00 sub - limit for Corporate Indemnification Coverage Library) Defence costs are provided in addition to the policy limit DEDUCTIBLE. INCLUDING EXPENSES: S50.000.00 Third Party Li bait', (! ncluding expenses) S 2,500.00 Laird Party Li bil.i,- (including expenses) (Library') P }L ICY COVERAGE AND CONDITIONS. - Broad form definition of Insured applies including: Councillors. employees statutory officers. firefighters, :olunteers, boards, commissions and committees - Separate limit of applies - Administration of employee benefits programs included to the full policy limit Coverage applies worldwide - Corporate Indemnification Coverage endorsement pro' ides cover to Board Members. Directors and Officers of the Library Board for claims made against them personally where no protection exists under the basic Errors and Omissions policy. ATTACH SPECIMIEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 31 REP P10-2011 City of Niagara Falls 3. NON - OWNED AUTOMOBILE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and /or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management or the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Provides legal liability protection against claims arising out of accidents involving vehicles not owned by the City. but being operated on their behalf. LIMITS OF PROTECTION PER OCCURRENCE: 520.000,000.00 any one liability claim, with no annual aggregate 515.000.000.00 any one liability claim. with no annual aggregate (Library) 5 250,000 00 legal liability far non -owned vehicles (S.E.F. No. 94) DEDUCTIBLE: 5 500.00 All Perils (S.E.F. No. 94) NIL (for all other coyerl POLICY COVERAGE AND CONDITIONS: - Main coverage is as per S.P.F. No. 6 - non - owned automobile policy - Comprehensive form - Separate limit of liability applies - Coverage is extended to provide excess automobile liability insurance, to the policy limit. for Councillors, board members. officers. employees and volunteers for claims arising w hile driving their own vehicles on municipal business - Physical damage coverage is provided for the City's contractual and legal liability for damage co vehicles not owned by the Corporation or any other insured ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 32 REP P 10 -201 1 - City: of Niagara Falls T. ENVIRONMENTAL LIABILITY INSURANCE: NAMED INSURED_ The Corporation of the City of Niagara Falls and /or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area LIMITS OF NSURANCE: Limit of Liability Any One Claim: S3,000,000.00 Limit of Liability Any One Claim: 54.000,000.00 (Library) Annual Aggregate Limit: S4,000,000.00 SELF-INSURED RETENTION: S 50.000.00 S 2.500.00 (Library) LIIti[` 1!_ 11 CONDITIONS AND COVERAGE: - This policy protects the City against liability caused by Environmental Impairment arising out of its operations for claims because of bodily injury, property damage or Environmental Impairment. - Municipal Corporations are exposed to third party claims for Environmental damages arising from, but not limited to, such risks as the ownership and/or operation of: . waste disposal sites - Gravel pits and rock quarries - Salt and salt treated sand including the application thereof _ Weed and brush spraying - Storm Sewer Systems (Water and Sewage are Regional responsibilities) - Underground fuel tanks - Unlicensed equipment - This is a Broad Form Environmental Impairment policy with separate limits from the General Liability policy, and coverage is not limited to sudden and accidental pollution. - Coverage is included for liability arising out of the escape of contaminants from properties previously owned, leased or operated by the municipality. - Coverage is included for impairment caused by owned watercraft. - Coverage applies worldwide. - No exclusion for landfill sites, open or closed. - No exclusion for fuel tanks, above or underground. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 33 RFP P10-2011 - City of Niagara Falls 5. CRI\IE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and, or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Provides protection to the City for the loss of money_ securities, and other property through the fraudulent or dishonest acts of employees and others. LLMITS OF PROTECTION: Commercial blanket bond package S1.000,000.00 Counterfeit paper Included to Bond Limit Depositors' forgery Included to Bond Limit Audit expense iSub Lrrut S100,000) Included Money and securities - blanket any location 5100.000.00 Excess on securities 5100.000.00 Computer Fraud or Funds Transfer Fraud 5200.000.00 DEDUCTIBLE: SNIL POLICY COy'ERAGE AND CONDITIONS: Coverage to be provided on a commercial blanket bond package, and may include - Employee dishonesty - Loss of money and securities - Money order and counterfeit paper currency - Depositors forgery - Audit expense coverage to be in addition to overall bond limit_ subject to maximum amount specified - Employee is extended to include all persons holding positions in the City's service svho are not compensated, and includes members of Council, members of all boards, corrunissions and committees appointed by and under Council's jurisdiction - Definition of "messenger" is extended to include persons not compensated - None of the cover is to include a deductible or a minimum loss wording ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 34 RFP P[0 -2011 - City of Niagara Falls 6. COUNCILLORS` AND BOARD MEMBERS' ACCIDENT INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and, or Niagara Falls Library Board DESCRIPTION: This policy provides accident insurance coverage for the benefit of the City's elected officials and the Library Board. All benefits are payable in addition to any other benefits that the injured person may be in receipt of. Persons to be covered are: Mayor and eight (8) Councillors, and eight (8) members of the Library Board. LL\IITS OF PROTECTION: Schedule of Benefits: Principal Sum for Loss of Life 8 200,000.00 - Capital Sum for Dismemberment 8 200,000.00 - Weekly Indemnity - Total Loss of Time +8 - 00.000.00 (P:-i ahleforLIFO} Weekb, Indem ir, - Partial Los., or tame 8 2 80 00 (Payable tOr One Year) - Funeral Expenses 8 10,000.00 - Blanket =Accident Expenses 8 10,000 00 DEDUCTIBLE. SNIL POLICY COVERAGE AND CONDITIONS: - Insured Persons are covered while they are acting within the scope of their duties, including all travel required - No age limit restriction - L o aggregate limit - No vai:ing periods for weekly income - Weekly indemnities are paid in full regardless of the individuals employment status - Weekly indemnity for Total Loss of Time is payable for life - Blanket accident expenses include dental. chiropractic, registered nurse. podiatrist, ambulance, drugs. crutches, etc. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 35 RIP P10 -201 1 - City of Niagara Falls 7. MUNICIPAL CONFLICT OF INTEREST INSURANCE: NAMED INSLRED: The Corporation of the City of Niagara Falls and'or \ia3ara Falls Library Board DESCRIPTION: Provides reimbursement of legal fees and expenses incurred by the elected or appointed members of Coi:nc:I , Avho are charged under the Municipal Conflict of Interest Act. LIMITS OF PROTECTION: 100N of legal fees and disbursements up to 5100,000.00 no annual aggregate). POLICY COVERAGE AND CONDITIONS: - Applies to any member of a Board, Commission, or Committee of the City as defined in the Municipal Conflict of Interest Act. - CO %tr:?e provided for reiInhurseien_ OI le3'al Des and expenses incurred b: elected or appointed members bers of who are charged under the Municipal Conflict of interest Act pro ided that a court finds there has been no contravention or ecntra.ention has occurred by reason U inadvertence. remoteness_ or insignificance. or by reason of a hone fide error in judgment. - Separate limit of insurance applies to this co ra . - No aggregate limit applies to this policy. - Co\ertge included for any subsequent proceedings under this Aet. - Insured me} select and instruct legal counsel with no intervention b'. the Insurer. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIS C EXCLUSIONS General Insurance and Risk Management Program Page 36 RFP Pt0 -2011 - City of Niagara Faits 8. LEGAL EXPENSE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara calls and /or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of ?Management of the Fallsview Business Improvement Area DESCRIPTION: This form of insurance provides for the reimbursement of legal fees and expense incurred by the City in defence of charges laid for an alleged offence under any Statute of the Province of Ontario (except for the Niglo.cal' Tra/,f .-ICt and the Mtrilicioal Conflict of Interest Act). Examples of the more common Statutes where such exposure exists are: - Eli`' "01107e7itai PrOrecrzoii :lor - ree. 0111 of Ii2 n2 1t 0(1 P r' :o /: r =t P:IVTct Act - Occ%Ipationa! Hea!i /7 and Saj n lot - O'ir :zi io I�',7 �- Rc 01(i'. .. ' , i .j_ „1 - Pesticides :jcr Electioi7 : -lcr LIMITS OF PROTECTION: 100' , of legal fees and disbursements up to 3100,000.00 subject to an annual aggregate for all claims of S250,000.00 POLICY COVERAGE AND CONDITIONS. - Broad form definition of Insured applies. including: Councillors, employees, statutory officers, firefighters, volunteers, boards. commissions and committees - Separate limits of insurance apply - Coverage applies for both "guilty” and not guilt'/ outcomes - The insured is able to select and instruct legal counsel with no iniercention by the Insurer ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 37 RFP P10-201 I - City of Niagara Falls 9. RECREATION AFFILIATES - GENERAL LIABILITY & NON - OWNED AUTOiMOBILE INSURANCE: NAMED INSURED: The City of Niagara Falls Recreation Affiliates and or Niagara Falls Summer Swim Lessons Niagara Concerts Niagara Falls Concert Band Village of Chippawa Citizens Committee DESCRIPTION: Insures the liability of four (4) Affiliated Associations offering services to the community using City owned facilities; and provides legal liability protection against claims arising out of accidents involving vehicles not owned by these groups but operated on their behalf. LIMITS OF PROTECTION PER OCCURRENCE: 5.000,000.00 any one liability claim 3 3.000.000.00 Products and Completed Operations Hazard Aggregate 3 3.000.900.00 Employers' Liability Limit S 5_000,000 00 Personal Injury Liinit S 5_000.000 00 Ien!.nts' Legal Liability 3 3.000.000.00 Non -Owned Automobile Liabi[i?� Legal Liability for Non Ov4ned Automobile Vehicles tS_F F. No 04 S 100,000.00 All Perils Physical Damage Limit DEIN TCTIB[ FS: 3 1.000.00 Third Party Claims Deductible (CGL only) S 300.00 SEF No. 94 POLICY COVERAGE AND CONDITIONS: - Bodily injury, property damage and personal injury - Separate limit of liability Broad definition of insured applies, including: Group'Association ; Committec and thcir Executiyc Officers. Directors, Board Members, Employees and Volunteers - Liquor Liability - Employers' liability - Tenants' legal liability' - Non - Owned Automobile Liability (separate policy) ATTACH SPECLMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 38 REP P10 -301 l - City of Falls 10. PROPERTY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Fails and,ror Niagara Falls I.ibrar\ Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton 11111 Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Nlanageinent of the Victoria Centre Business Improvement Area The Board of NIanagernent of the Fallsview Business Improvement Area DESCRIPTION: Insures the City's buildings. contents and equipment or other property for which the Cite is legally liable or has agreed in a '.:nce to insure, for damage caused by " Ali Risks" of direct physical loss or damage. LIMITS OF INSURANCE: Total Sure: Insured tCity & L brar.) S 150 615.052.00 Includes: - VAL:able. Papers 500.000.00 - Accounts Recei': able 500.000 00 - Extra Expense, any one location 500,000.00 - Rent or Rental Value 500,000 00 - Business Interruption !Gross R 3,868.345.00 Data Processing 2,96I.700 00 - A'Jatercratt Floater-0A o 2) 1.)95 All 2 :thcr Hornets_ Twin 90's. 20 feet, used for Eire tier\ ica> 194,500.00 Fine Arts Form 258,600.00 - Exhibition Form (as per lists provided) DEDUCTIBLES: Data Processing. Fine Arts Form, Exhibition Form. Museum Contents. Furnishings of Niagara Falls Professional Fire Fighters Association, History Books The Niagara Portage Road", and Educational To - Flashy 8 2.500.00 Library Property 5,000.00 all Other Property 10.000.00 General Insurance and Risk Management Program Page 39 RFP P10 -2011 - City of Niagara Falls (Property Insurance Continued) POLICY COVERAGE AND CONDITIONS: - Broad Definition of property insured - No co- insurance clauses - Replacement cost coverage provided - Worldwide coverage included - Replacement on same site not required - No restriction on property in transit and coverage provided to policy limit - Ne'vvly acquired property automatically included with no limit other than the policy limit - Sewer back -up coverage included - By -law coverage included to the policy limit - Permission granted: to make additions. alternations and repairs; for property to remain vacant or unoccupied; to keep and use materials as usual and necessary to the Insureds business - Debris removal (including Environmental Pollution Clean -up) included to policy limit - If a single loss involves both the automobile and property insurance policies. the property policy deductible is waived only on any insured property attached to the automobile - One deductible applies should there be a loss involving both the property and boiler and machinery insurance policies - Property insurance limit provided on a blanket basis with no re q:iirement to file or sign an annual Statement of Values term or obtain property appraisals for valuation purposes ATTACH SPECI\IEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 40 REP P10 -2011 - City of Niagara Falls 11. BOILER AND MACHINERY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls andior Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Linprovement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area the Board of Management of the Blain & Ferry Business Improvement Area rile Board or Management of the Victoria Centre Business Improvement Area [he Board of Management of the Falisview Business Improvement Area DFSCRIPTION Objects Insured - A' An boiler. fired vessel. any metal unrefined vessel subject to a vacuum or internal pressure, ether than static pressure of contents, any refr tgeratn e system. or any piping and its accessory equipment and including any boiler Or pressure vessei mounted on mobile equipment - _B' Any mechanical or electrical machine or electrical apparatus used for the generation. transmission or utilization of mechanical or electrical lower. This Includes tr.nslormers, bus structure. miscellaneous electrical apparatus. motors, compressors, pumps. air Conditioning units. etc. as ':F ell as coti'nlun!cai ion o,o ipment. LI � - Per _Accident - Comprchensi\c 550.000.000 00 - Extra Expense 500,000.00 - Water Damage 500,000,00 - Ammonia Contamination 500000,0 - Hazardous Substance (including PCB Contamination) 500.000.00 - Expediting Expenses Included - Business Interruption (Gross Rexenuesi. - Niagara. Falls Memorial Arena, 5145 Centre St. 319,500 00 - Stamford Memorial Arena and Jack Bell Arena 6750 Frederica St. 634- 000.00 - Chippawa Willoughby Memorial Arena, 9001) Sodom Rd " - Swimming Pool_ F H. Leslie Park, 5250 Valley Way, 25.000 00 Swimming Pool. Mitchelson Park, Dorchester Road, Swimming Pool at Prince Charles Park, 6320 Arad St.. Office, Lunchroom and Maintenance Building, 4501 Stanley Ave - McBain Community Centre, 71560 Montrose Road 42.000.00 - Terminal. Garage, Office Building, 1320 Bridge St and 1,800,000.00 Bus Terminal. 4555 Erie Ave. - Spoilage - Goods under Refrigeration 50,000.00 - Professional Fees 500,000.00 - Data Restoration 25,000.00 - By- Law Cover Included - Errors and Omissions 100,000.00 - Denial of Access 2 Weeks General Insurance and Risk Management Program Page 41 RFP PI 0-201 1 - City of Niagara Falls (Boiler and Machinery Insurance Continued) DEDUCTIBLES: f 10.000.00 2.500.00 (Library) POLICY COVERAGE AND CONDITIONS: - Comprehensive Blanket coverage provided - Computer Control Equipment - coverage is provided for breakdown of equipment whenever it is used solely to control or operate an insured object - Broad definition of Object, includes coirununication equipment and production machinery - Settlement is based on repair or replacement costs no depreciation factor) - Broad definition of Accident applies - New locations and new l', installed objects are automatically included - One deductible applies should there be a loss involving both the boiler and machinery and property insurance policies ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Paue 42 REP P10 -2011 - City of Niaaara Falls 12. AUTOMOBILE FLEET INSURANCE (CITY & LIBRARY): NAMED INSURED: The Corporation of the City of Niagara Falls DESCRIPTION: This policy prov ides protection for all claims arising out of the use or operation of licensed automobiles owned or leased by the C -ity. Coverage. Co' is provided as per the Statutory Automobile O:vner's Policy (O.A.P- l ). LI I S OF PROTECTION: - Liability Limit 320.000,000.00 - Liability Limit (Library) 315.000,000.00 DEDUCTIBLES. - Section 3 (Third Party) 3 10,000.00 - Section 6 (Direct Compensation) 3 10,000.00 - Ail Perils 3 10,000.00 Library: - All Perils (t_ibrer 3 1.000.00 i'O1 1C'`0 COVERAGE AND CONDITIONS: i - ? -et' J.: pro , . .ded for liability, accident benefits. uninsured automobile and direct compensation tproperty damage - Le t era is >u_itornaLically extended to include: - N vi i : acquired vehicles - Inappropriately licensed driers - P'eImission to carry explosives Permission to rent or tease - Damage caused by freezing of Fire Fighting Apparatus, and Pert nssion to carey passengers for compensation. - R.) placement cost to provide repairs or replace Tent of vehicles with no deduction for depreciation. (Refer to the City & Library Fleet Schedule) - Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement yNil! be undertaken without deduction for depreciation up to the Guaranteed _Amount shoc‘wn on the automobile schedule attached to the policy. (Refer to the City & Library Fleet Schedule) - Valued coverage can be pro ided on specified vehicles; usually those that are obsolete. would not be replaced_ or would be replaced with a used vehicle- (Refer to City Sc.. Library Fleet Schedule) - Adear dish vane coverage can be provided on specified vehicles. (Refer to City & Library Fleet Scheduulc? - If a single loss involves both the automobile and property insurance policies, the property policy deductible v,inyed only on any insured property attached to the automobile. ATTACH SPECIMEN COPY OF PROPOSED POLICY (Also provide a copy of your replacement cost endorsement for v aluation purposes.) LIST EXCLUSIONS General Insurance and Risk tilanagement Program Page 43 RFP P10 -201 1 - City ofNiagara Falls 13. AUTOMOBILE FLEET INSURANCE (TRANSIT): NAMED INSURED: The Corporation of the City of Niagara Falls DESCRIP1 ION: This policy provides protection for all claims arising out of the use or operation of licensed automobiles owned or based by the City_ CiY,erage is provided as per the Statutory Automobile Owner's Policy (O_A.P_ 1 LIMITS OF PROTECh€ON: - Liability Limit 520,000,000.00 DEDUCTIBLES: - Section 3 (Third Party) 5 10,000.00 - Section 6 (Direct Compensation) 10,000.00 - Accident Benefits 10.000.00 - Ali Perils 10,000.00 POLICY COVERAGE AND CONDITIONS: - Coverage pro'. ided for liability, accident benefits, uninsured automobile and direct compensation (property damage) - OPCF #20-Coverage for Transportation Replacement (510,000) applies to: - 2002 Ford Chair -A -Van. 2001 Ford handicap Van. 2003 (lirardin handicap Van 2006 Corbel! Chair -A- Van, and two (2) 2006 Girardin Chair -A -y ans (5.. _Al 7815, A52286) - Coverage is automatically extended to include: - Newly acquired vehicles - Inappropriately licensed drivers - Permission to carry explosives Permission to rent or lease Damage caused by freezing of Fire - Fighting .Apparatus, and - Permission to carry passengers for compensation. - Replacement cost to provide repairs or replacement of vehicles with no deduction for depreciation_ (Refer to the Transit Fleet Schedule) - Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement will be undertaken 'without deduction for depreciation up to the Guaranteed Amount shown on the automobile schedule attached to the policy. (Refer to the Transit Fleet Schedule) - Valued coverage can be provided on specified vehicles, usually that are obsolete_ would not he replaced, or would be replaced with a used vehicle. (Refer to Transit Fleet Schedule) - Actual cash value coverage can be provided on specified vehicles. (Refer to Transit Fleet Schedule) - If a single loss involves both the automobile and property insurance policies, the property policy deductible is waived only on any insured property attached to the automobile. ATTACH SPECIiNIEN COPY OF PROPOSED POLICY (Also provide a copy of your replacement cost endorsement for evaluation purposes) LIST EXCLUSIONS General Insurance and Risk Management Program Page 44 RIP P10 -201 1 - City of Niagara Falls 14. GARAGE AL1TO\IOBILE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls LIMITS OF INSURANCE: - Total limit of habihty any one claim: 520.000.000.00 - Customer Vehicles - Collision Limit $ 500,000.00 - Specified Perils Limit 5 2,0005)00.00 DEDUCTIBLE: Customer Vehicles - Collision Deductible S 500.00 - Specified Perils Deductible 51.000.00 MIINIMUM CONDITIONS AND COVERAGE: - Co‘eraae is pro, id-ed for Third Party Liability for bodily injury or property damage arising out of the City's garage operations. - Con is :ilso l , .idea for Accident Benefits. Uninsured Automobile, and Direct Compensation Property. Damage as per the Statutor`. Garage Automobile Policy. - LOSS or Da „rage �v..era a is provided to protect the City's legal liability, for customer's automobiles from ph damage caused by an insured peril. while in the care. custody_ or control of the municipality. - OEF 7 1 and included. - C . craac required for general serf, icing and minor repairs of v chicles owed by the tollovy ing non - profit organizations: Protect Share (a charity that primarily distributes food) The Niagara Falls Boys and Girls club, and The Niagara Falls Humane Society_ ATTACH SPECIMIEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 45 RFP P10 -201 1 - City of Niagara Falls 15. OTHER \IISCELLANEOUS INSURANCE: The City of Niagara Falls also purchases the following, insurance programs separate and distinct from all other general insurance. It is not necessary for the Proponent to provide this cover if successful. The following is provided as information onl•: (1) Municipal User Group Policy - Renewal date is January 1, 2010 - S5 million CGL - Liquor Liability included - Participant Liability included (2) Volunteer Firelighters Accident Policy - Renewal date is January 1, 2010 - S100,000. Principal Sum - Weekly Income Benefits - ;Medical Expense Benefits (6/13/2011) Dean Iorfida - 20110613103951098.pdf Page 1 III ., Condor r i, X'Crre - - torn R pany INC,. • Mount Carmel Centre, 3 Montrose .. . i1-‘ ilaoa a Falls. Ontario L29 3K3 June 13th, 2011 Dear City Councilors At the next Council meeting you will be asked to decide the insurance future for the City of Niagara Falls. As you know a consultant is recommending the use of the O"vIEX Reciprocal rather than continuing with the current Insurance program issued through the Frank Cowan Insurance Company and handled by Condotta, Merrett & Company insurance Brokers a local Insurance office that has been in business for 125 years and has served this city very well over that time As president of Condotta, Merrett & Company Insurance Brokers and also President of the Association of Insurance Brokers of Niagara Falls 1 want you to be aware of the significance of this decision. 1 have attached an overview' of what Reciprocals are and the key points are as follows: 1) Members collectively agree to retain a large portion of each others risk...The Reciprocal is unincorporated and the members become insurers for each other. 21 Reciprocals require members to sign on and guarantee support for an extended period usually 3 -5 years. This effectively means if rates do fall over time with conventional Insurance you can not opt out of the Reciprocal. 3) Reciprocals issue their policies on an assessable basis..._ this means you can be ASSESSED a Retro assessment on top of the premiums you paid many years afterwards. This is due to the fact that Liability claims take years to develop and currently we have a claim that has been reserved in the area of $y,000,000 that is over 5 years old. If this had occurred to another member of the reciprocal YOU would be on risk for a part of the retro assessment. 4 Claims drives premiums and as a reciprocal you are responsible for ALL claims incurred by you AND by any other member during the time you were a member of the Reciprocal....this means you could be assessed a retro assessment 5 years. 10 years after you leave the reciprocal due to an increase in a liability claims. This does NOT occur under conventional insurance. 5) You will commit future City councils to a possible unknown Retro assessment... YOUR PART IN RISK`. (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 2, Conaotta Merrell & Company INSURANCE BROKERS INC. ^.' Oarrnel Centre 3770 Montrose Rd., Unit 15A Niapra Is Ontario L2H 3K3 ( The Current OMEX Reciprocal has made 3 Retro Assessment in the past 5 years on top of their premiums: 11 2000 521,400,000 to increase their surplus reserves as required by FLSC( for the period 2004- 2008; 2008- 55,000,000 for the undervriting period of 2006 to 2008; 2006- 512,481,5884 for the underwriting period 1998-2005 These assessments are OVER AND ABOVE the premiums already charged to the municipalities. They have charged over S38.000.000 more E' ^a;1 thepremiums quoted to these municipalities so that they car balance their hooks. Over a 13 year period they have had to raise an additional 33,000,000 per near" We know of 1 City that was charged upwards of a $1,000.000 retro from the 2009 assessment done. Can you imagine explaining that assessment to the c'tizens here'' And lastly a number of the current members of the UM Li,X Reciprocal are issuing 8 Q's and iookir`o at conventional insurance as an alternative to the Reciprocal as a way of keeping rates in line. And finally I want you to remember that while Condot_a, Merrett & Company insurance Brokers handles the policy for the local Insurance Association, each member shares in the commissions earned on that policy and that every donation back to all of the charities that the association supports including many of the City sponsored events, come from those same commissions. We are a significant local industry that pays significant property taxes and employ well over 200 people and we have served the city very well and we tiviii continue to serve the city into the future. Sincerely rLi<eo Condotta President YOUR PARTNER (IN R:sK (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 3 RECIPROCALS OVERVIEW: : A reciprocal is a group retention or loss - sharing pool in which the members all have similar interests and exposures. The members collectively agree to retain a large portion of each other's risk rather than transferring the risk to conventional insurance carriers. The reciprocal is unincorporated and the members become insurers for each other and assume a high group deductible by entering into a formal subscribers agreement. Reciprocals require subscribers to sign on and guarantee their support to this concept for an extended period of time wally 3 — 5 years. At the end of the term, there may also be a lengthy notice period for any subscriber wishing to get out of the reciprocal. These lock in periods are designed to eive the re.ciprocal a chance to overcome any adverse loss experience and also eliminate any potential cheaper competition from the conventional insurance market. Reciprocals issue their insurance contracts on an assessable basis A member's payment into the pool is based upon their share of the estimated loss and expense costs of the entire pool. If the loss experience is more than expected, then each member may be required to pay a retro assessment on top of the premium payment already made. We need to remember that clams drive the premium costs regardless of the type of risk financing strategy chosen. As a member of a reciprocal, you are responsible for all claims incurred by yourself and any other member during the time you were a partner in the reciprocal. With long tail liability claims, uncapped retro assessments can occur many years after leaving a reciprocal. Conventional insurance does not charge retro assessments, their costs are guaranteed for the coverage term. (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 4, ISSUES WHEN CONSIDERING A RECIPROCAL • Claims are usually overseen by a Claims Committee of Members • Capital & surplus requirements are reduced or eliminated • Open ended potential for repo assessments • No premium guarantee • Liability E &O claims many - ms take m ny .ears to develop • Some members may have poor loss history • Locked in for several years (3 - 5 "years) • May lack claims and risk management services • Withdrawal of large members may seriously impact premium base • Doesn't guarantee lower premium evels - can be higher • Most adjuster expenses are in addition to premium • Often doesn't ui e premium reductions during soft market cycles Rec procals are not for everyone and conventional insurance is not for everyone, There is a need to consider and compare is-Sues like • Financial strength • Critic=al mass Mize ;}f book • Length of time in business • Claims experience • Net line commitment • Who are my partners going to be • Are the coverages offered comparable • Are partners ad - exposing the red e;i �JSin� _ e __'[/'ter l?.G'A loCCs • Will my overall cost of risk be lower • Will my liability be limited • How long must I remain a member • How are claims handled • EIow do I voice rnv concerns • vv ill t have to give up or a extra for P p services • Do I want t be in the insurance business Not every potential insured is a good candidate for a reciprocal. Since the reciprocal is based on loss sharing, the Municipality needs to be concerned as to who is invited into the group. Are the other members as keenly interested in practicing sound risk management practices? • • (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 5 QUESTIONS: Before making a decision to join a reciprocal, which can ha'�e Fong lasting effects on your organization, the Nefunicipality would want to at least be satisfied with the answers to th following questions. issues: • What is more important to the Municipality, a premium assessment today with possible reassessments years later, or a fixed annual premium with absolutely no further costs associated with that time period? • Do you feel comfortable with ail aspects of the reciprocal to tie 'ourself to it indefinitely? A legal opinion of the Subscribers' Agreement may be prudent. • Is there any guarantee that the premium you pay the first year in the reciprocal will remain fairly constant in the next underwriting period? What happens when the reciprocal renegotiates the next term with its reinsurers? • What additional resources (staffing, expertise_ etc_), if any, would be necessary- if the Municipality were to join the reciprocal? • Has the annual assessment charged by the reciprocal been fairly constant? How does that compare with your premium history when a'.eraged over a period of five to ten years? • What amount has the Municipality and its past insurers spent on adjusting fees over the past five years? Would the reciprocals premium be attractive after adding on the additional anticipated adjuster fees based on the Municipality's past claims experience' Under the reciprocal plan you would pay all adjusting fees m addition to your deductible amount per claim. • Do you feel comfortable being in a ,,p of Municipalities who have greater exposures than you have? CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with Hemson Consulting Ltd. respecting Development Charges Peer Review Agreement. WHEREAS one of the Council priorities in the 2011 -2014 term. in ensuring long term sustainability of municipal infrastructure, is to undertake a Development Charges Policy Review: and WHEREAS as per the Corporation's Supply and Services policy. a Request for Proposal (RFP -P26- 2011) was issued; and WHEREAS based on the evaluation criteria and spending limits, staff chose Hemson Consulting Ltd.; and WHEREAS as the RFP contained the Corporation's standard form of contract. this by -law is necessary to authorize the Mayor and Clerk to execute said agreement. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between Hemson Consulting Ltd. as the Consultant and the Corporation of the City of Niagara Falls as City. respecting Development Charges Peer Review Agreement. as attached hereto. is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirteenth day June, 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 13, 2011 Second Reading: June 13, 2011 Third Reading: June 13. 2011 RFP P26 -2011 APPENDIX C Page 1 THIS CONSULTING AGREEMENT made this 24 day of May , 2011. BETWEEN: HEMSON CONSULTING LTD. Hereinafter referred to as the - Consultant - OF THE FIRST PART: - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the Cite has requested the Consultant to furnish professional services in connection with the study, as more particularly described in Schedule "A" attached to and forming part of this Agreement. hereinafter referred to as the "Project'; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained. the parties agree as follows: 1. GENERAL PROVISIONS 1.01 RETAINER (a) The City hereby retains the services of the Consultant in connection with the Project and the Consultant hereby agrees to provide the services described herein under the general direction and control of the City: and (b) In this Agreement the word "Consultant" shall mean professionals and other specialists engaged by the City directly and whose names are party to this Agreement. 1.02 SERVICES The sery ices to be provided by the Consultant and by the City for the Project are set forth in Article 2 hereof and such services as changed, altered or added to under Section 1.08 hereof, are hereinafter referred to as the "Services ". 1.03 COMPENSATION The City shall pay the Consultant in accordance with the provisions set forth in Article 4. 1.04 STAFF AND METHODS The Consultant shall use current state -of -the -art principles and shall skilfully and competently perform the Services and shall employ only skilled and competent staff who will be under the supervision of a senior member of the Consultant's staff. 1.05 DRAWINGS AND DOCUMENTS Drawings and documents or copies thereof required for the Project shall be exchanged between the parties on a reciprocal basis. Documents prepared by the Consultant for the City may be used by the City for the Project herein described, including "as built" records. The City has ownership of the drawings. Drawings shall be prepared as per the City's current digital drawing and layering standards, unless approved otherwise by the City. 1.06 PATENTS (a) All concepts, products or processes produced by or resulting from the Services rendered by the Consultant in connection with the Project, or which are otherwise developed or first reduced to practice by the Consultant in the performance of its Services and which are able to be patented, capable of trademark or otherwise, shall be and remain the property of the Consultant; and RFP -P26 -2011 - Appendix C Page 2 (b) The City shall have permanent, non - exclusive, royalty-free License to use any concept, product or process which is able to be patented, capable of trademark or otherwise produced by or resulting from the Services rendered by the Consultant in connection with the Project and for no other purpose or project. 1.07 RECORDS AND AUDIT (a) In order to provide data for the calculation of fees on a time basis. the Consultant shall keep a detailed record of the hours worked by and salaries paid to its staff employed for the Project: (b) The City may inspect and audit the books, payrolls, accounts and records of the Consultant, during regular office hours, with respect to any item which the City.- is required to pay on a time scale or disbursement basis, as a result of this Agreement: and c) The Consultant, when requested by the City, shall provide copies of receipts with respect to any disbursement for which the Consultant claims payment under this Agreement. 1.08 CHANGES, ALTERATIONS AND ADDITIONAL SERVICES \kith the consent of the Consultant, the City may, in writing, at any time after the execution of the Agreement or the commencement of the Services, delete, extend, increase. vary or otherwise alter the Services forming the subject of this Agreement and if such action by the City necessitates additional staff or services, the Consultant shall be paid in accordance with Section 4.1 for such additional staff employed directly therein, together w ith such expenses and disbursements as allowed under Section 4.1 1.09 SUSPENSION OR TERMINATION (a) The City may at any time, by notice in writing to the Consultant, suspend or terminate the Services or any portion thereof at any stage of the undertaking. Upon receipt of such written notice, the Consultant shall perform no further services other than those reasonably necessary. to close out its Services. In such an event. the Consultant shall be entitled to payment in accordance with Section 4.4 for any of the Consultant's staff employed directly therein, together with such expenses and disbursements allowed under Section 4.3; and (b) lithe Consultant is practising as an individual and dies before his Services have been completed, this Agreement shall terminate as of the date of his death and the City shall pay for the Services rendered and disbursements incurred by the Consultant, to the date of such termination. 1.10 INDEMNIFICATION (a) The Consultant shall indemnify and save harmless the City from and against all claims, actions, losses, expenses, costs, demands, suits and other proceedings or damages of every nature and kind whatsoever which the City, its employees, officers or agents may suffer as a result of the negligence of the Consultant, its employees, officers or agents in performance of this Agreement; (b) The Consultant shall indemnify and save harmless the City from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the City, its employees, officers or agents may suffer as a result of misuse, misappropriation or alleged misuse or misappropriation by the Consultant, its employees, officers or agents of intellectual property in the performance of this Agreement; and c) The City agrees to indemnify and save harmless the Consultant from and against any and all claims, losses, damages, liability and costs arising out of or in any way connected with the presence, discharge, release or escape of contaminants of any kind, excluding only such liability as may arise out of the negligence of the Consultant in the performance of consulting services to the City within this Project. RFP -P26 -2011 - Appendix C Page 3 1.11 INSURANCE AND LIMIT OF LIABILITY The Consultant shall be required to purchase and maintain in force, at its own expense (including the payment of all deductibles) and for the duration of this Agreement, the following policies of insurance, which policies shall be in a form and vv ith an insurer acceptable to the City. A certificate of these policies originally signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of the Consultant's Services: (a) Professional Liability (errors and omissions coverage) for the performance of Services by the Consultant providing that the policy is: (i) In the amount of not less than Two Million Dollars ($2,000.000) total coverage, and Two Million Dollars ($2.000,000) cov erage per claim; (ii) Not to be construed as a limit of the liability of the Consultant in the performance by the Consultant of the Services under this Agreement; and (iii) Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a period of time ending no sooner than two years after the termination or expiry of this Agreement, as the case may be: (b) Comprehensive General Liability, provided that the policy: (i) is in the amount of not less than Five Million Dollars ($5,000,000), per occurrence; (ii) adds the City as additional insured: (iii) has provisions for cross - liability as between the Consultant and the City. broad form contractual liability, owner's/contractor's protective liability. contingent employer's liability. employer's liability. non -owned automobile liability and personal injury liability: (iv) provides non -owned automobile coverage; and (v) provides for 30 days' prior written notice of cancellation or material change: c) The Consultant shall also furnish the City with a certified copy of a Standard Automobile Liability Insurance Policy on all owned and leased vehicles with inclusive limits of not less than Five Million Dollars ($5,000.000) per occurrence for bodily injury and property' damage with a deductible not greater than Five Thousand Dollars ($5,000): (d) All policies listed above: (i) Shall apply as primary insurance and not excess to any other insurance available to the City; and (ii) To remain in force until final acceptance of the work described herein by the City. At the expiry date of the policies, the Consultant shall provide original signed Certificates or electronic equivalents thereof, evidencing renewals or replacements to the City prior to the expiration date of the original policies, without notice or request by the City. 1.12 CONTRACTING FOR CONSTRUCTION Neither the Consultant, nor any person, firm or corporation associated or affiliated with the Consultant, or subsidiary to the Consultant, shall tender for the construction of the Project or have an interest either directly or indirectly in the construction of the Project. RFP -P26 -201 1 - Appendix C Page 4 1.13 ASSIGNMENT Neither party may assign this Agreement without the prior consent in writing of the other. 1.14 PREVIOUS AGREEMENTS This Agreement supersedes all previous agreements, arrangements or understanding between the parties, whether written or oral, in connection with or incidental to the Project. 1.15 APPROVAL BY OTHER AUTHORITIES Unless otherwise provided in this Agreement, where the work of the Consultant is subject to the approval or review of an authority, department of government, or agency other than the City, such applications for approval or review shall be the responsibility of the Consultant, but shall be submitted through the offices of the City and unless authorized by the City in writing, such applications for approval or review shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency. 1.16 PRINCIPALS AND EXECUTIVES The use of principals and executives on a time basis by the Consultant will be in accordance with Subsection 2.1 C). 1.17 SPECIALIZED SERVICES The Consultant may engage others for specialized services, provided that prior approval is obtained. in writing, from the City and may add a mark -up of not more than five (5) percent of the cost of such services to coyer office administration costs when claiming reimbursement from the City, plus the cost of the additional insurance incurred by the Consultant for the specialized services. 1.18 INSPECTION The City, or persons authorized by the City_, shall have the right, at all reasonable times, to inspect or otherwise review the Services performed or being performed under the Project and the premises where they are being performed. 1.19 PUBLICATION The Consultant agrees to obtain the written consent of the Director of Municipal Works or his designate, before publishing or issuing any detailed information regarding the Project. 1.20 CONFIDENTIAL DATA (a) The Consultant shall not divulge any specific information identified as confidential, communicated or acquired by it or disclosed by the City in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval, in writing, of the City: and (b) For the purposes of this Project all digital data submitted to the Consultant by the City is deemed confidential and subject to the conditions set out in the City's Electronic Intellectual Property End User Licence Agreement. 1.21 ARBITRATION (a) Any dispute, difference or disagreement between the parties hereto in relation to the Agreement may,with the consent of both parties, be referred to arbitration; (b) No person shall be appointed to act as arbitrator who is in any way interested, financial or otherwise, in the conduct of the work on the Project or in the business or other affairs of either the City or the Consultant; (c) The award of the arbitrator shall be final and binding upon the parties; and (d) The provisions of the Arbitrations Act, 1991 shall apply. RFP -P26 -2011 - Appendix C Page 5 1.22 TIME (a) The Consultant shall perform the Services expeditiously to meet the requirements of the City and shall complete any portion or portions of the Services in such order as the City may require and the City shall have the right to take possession of and use any completed or partially completed portions of the Services, notwithstanding any provisions expressed or implied to the contrary; and (b) The City shall give due consideration to all designs. drawings, plans, specifications, reports, tenders, proposals and other information submitted by the Consultant and shall make any decisions which it is required to make in connection therewith. within a reasonable time so as not to delay the work of the Consultant. 2. ESTIMATES, SCHEDULES AND STAFF LIST 2.1 PREPARATION OF ESTIMATE OF FEES, SCHEDULE OF PROGRESS AND STAFF LIST Prior to execution of this Agreement, the Consultant shall provide, for approval by the City: (a) An estimate of the total fees to be paid for the services; (b) A Schedule showing an estimate of the portion of the Services to be completed in each month and an estimate of the portion of the fee IN will be payable for each such month and a complete schedule showing the entire estimated amount of fees. including an estimated time schedule to carry out the services; c) A staff list showing the number, classifications, salaries and hourly salaries and/or rates of staff and /or hourly rates for principals and executives for which the Consultant will seek payment on a time basis. The Consultant shall relate such information to the particular type of w ork that such staff is to perform, while employed on the Project. Such list shall designate the member of the Consultant's staff who is to be the liaison person between the Consultant and the City; (d) A list of expected disbursements and equipment items, including the rates for items expected to be used to provide the consulting services; and (e) Identify anticipated date of any cost of living increments which would affect payroll costs, including the estimated percentage increases. 2.2 SUBSEQUENT CHANGES IN THE ESTIMATE OF FEES, SCHEDULE OF PROGRESS AND STAFF LIST The Consultant will require written approval from the City for any of the following changes: (a) Any increase in the estimated fees beyond those approved under Subsection 2.1 (a); (b) Any change in the schedule of progress, which results in a longer period than provided in Subsection 2.1 (b): and (c) Any change in the number, classification and salary ranges of the staff provided under Subsection 2.1 c). 2.3 MONTHLY REPORTING OF PROGRESS When requested by the City, the Consultant shall provide the City with a written report showing the portion of the Services completed in the preceding month. 2.4 UPSET LIMITS FOR FEES CHARGED In any event, the cost of the design portion of the Consulting Services shall not exceed an upset limit of Dollars ($26,305) excluding HST. RFP -P26 -201 1 - Appendix C Page 6 3. DETAILED DESIGN, SCOPE OF WORK AND DESIGN SERVICES 3.1 DETAILED DESIGN (a) The Consultant shall provide to the City the information outlined in Article 2 prior to a recommendation to !Municipal Council for retaining the Consulting Services. Such information shall become part of this Agreement, as found in the proposal entitled " ", as submitted by the Consultant; (b) The Consultant shall provide the services for Detailed Design and such work shall include the following,: (i) Estimated fees for the design phase of the Project $26,305 (excluding HST) (ii) Estimated fee for "as building drawings" and N'A liaison with City during construction phase of Project (iii) City contingency (to be entered by the City; N/A and (iv) Estimated total fees for the Project (to be entered 526,305 by the City) (excluding HST) 3.2 SCOPE OF WORK As per proposal attached hereto. 3.3 DESIGN SERVICES The services to be provided by the Consultant in the execution of "Design Services" for the Project shall be as per the proposal submitted by the Consultant, as referred to in Subsection 3.1 (a). 3.4 LIAISON WITH CITY STAFF DURING CONSTRUCTION (a) The City's staff will administer the contracts during construction, provide site supervision services and provide for all construction layout for all phases of construction, including co- ordination with utility companies and other agencies for the installation and relocation of existing or proposed utilities and infrastructure; and (b) Notwithstanding the above City's services to be provided. the Consultant will be required, as part of this Agreement, to provide the following services during the construction phases of the Project, if requested by the City: (i) Advise the City's staff on the Consultant's interpretation of the drawings and specifications and issue supplementary details and instructions during the construction period, as required; (ii) Review, for the City's approval, the construction schedule proposed by the Contractor and comment on the procedures, methods and sequence of work; (iii) Consider and advise on alternative methods, equipment and materials proposed by the Contractor; (iv) Advise on validity of charges for additions or deletions and advise on the issue of change orders: and (v) Attend job meetings as deemed necessary. The above services are in addition to the Design Services and will be charged at the rates as indicated in this Agreement. RFP -P26 -201 1 - Appendix C Page 7 4. BASIS OF PAYMENT 4.1 FEES CALCULATED ON A TIMME BASIS (Not Applicable to this RFP) The City shall pay the Consultant a fee, calculated on a time basis, for that part of the Services described in Article 2. Fees on a time basis shall be as follows: (a) Principals and executives on normal assignments, as per the proposal. The rate will be reviewed annually and adjusted accordingly; (b) Staff on normal assignments, as per the proposal; (c) Services during construction: (i) For all services, except for full -time staff continuously on site; (ii) For principals and executives on normal assignments, as per the proposal. This rate will be reviewed annually and adjusted accordingly; (iii) For other staff, as per the proposal; and (iv) For site staff ' working full time continuously, as per the proposal; (d) CADD equipment and computer costs, as per the proposal; and (e) Total Station Survey Equipment costs, as per the proposal. 4.2 TIME EXPENDED (Not Applicable to this RFP) All time expended on the assignment, whether in the Consultant's office, at the City's premises or elsewhere and including travel time, shall be chargeable. This also includes, but is not limited to, stenographic and clerical staff engaged in the preparation of documents such as reports and specifications. 4.3 REIMBURSABLE EXPENSES (Not Applicable to this RFP) (a) In addition to the fee_ the Consultant shall be reimbursed at cost plus an administrative charge of five (5) percent for all expenses properly incurred by it in connection with the Project, including but not limited to, vehicle use charges_ travelling and living expenses, long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography, advertising for tenders, special delivery and express charges. overtime premium costs and the cost of providing and maintaining site offices, supplies and equipment and chemical and physical tests. With the exception of advertising for tenders and test costs, the above expenses and five (5) percent administration charge shall be included when calculating upset limit costs as specified in Section 2.4; and (b) The approval of the City shall be obtained prior to overtime hours being authorized on any phase of the Services. 4.4 PAYMENT (Not Applicable to this RFP) The Consultant shall submit an invoice to the City for that part of the design of the Project completed in the immediately preceding month, calculated upon the basis of the Consultant's actual payroll and disbursement costs, as calculated in Articles 4. RFP -P26 -201 1 - Appendix C Page 8 IN WITNESS WHEREOF the Cite and the Consultant hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. Per:, Name: C "-`4 N Title: - p K2_17 2„2 Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk (6/13/2011) Dean lorfida - Farmers Market Page 1 From: "Ruth -Ann Niuewesteeeg" < ruthann ©pattersonfuneralhome.com> To: <diorfida ©niagarafalls.ca> Date: 6/13/2011 9:49 AM Subject: Farmers Market Attachments: Main and Ferry Market.docx Hi Dean: Could you please distribute a copy of this letter to council members regarding the Farmers Market for this evening's council meeting. Thank you Ruth -Ann Nieuwesteeg (6/13/2011) Dean lorfida - Main and Ferry Market docx Page 1. MAIN 4 FERRY B L"SINESSIMPROVEME\TJ SSOC'IATIO\ t--;'r. IN IAG_AIZA ONT. I.2( Z9 June 13. 2011 Mayor Jim Diodati and Members of City Council City of Niagara Falls 4310 Queen St Niagara Falls, ON L2E 6X6 Dear Mayor and Council. A revitalized Farmers' Market was identified in the Historic Drummondville CIP as a 'key element of the Vision for Historic Drummondville." That was five years ago, in 2006. Our BIA has been very patient We agreed to not actively pursue the Market project for a few years to avoid competition with the Museum. The Museum had asked us to allow their request for funding, when a grant opportunity arose for them, to proceed without a competing project in the same area. Instead we invested in our streetscaping plans. For several years we put 90% of our annual levy into reserves to pay for streetscaping along Main and Ferry. Our area has begun to acquire a new look this spring as a result of our investment. Now that the streetscaping project is nearing completion. we are anxious to proceed with the very important Market project. We do not want to lose the momentum our streetscaping is creating. Our BIA supports the concept of the Market as the centerpiece of the area as envisioned in the CIP. We also agree with the CIP that the Market needs visibility from either Ferry or Main Street. A new structure. with a facade on one of these major streets, is needed. We have had internal discussions about committing monies from our levies in future years to ensure this project proceeds. Please accept this letter as an informal commitment from the Main & Ferry BIA to financially contribute to the construction of a replacement Farmers' Market building with either a Main Street or Ferry Street facade Yours truly, Ruth Ann Nieuwesteeg