Liability Insurance for Friends of Fort York Festival

The Corporate Services Committee recommends the adoption of the following report (March 18, 1998) from the Managing Director, Toronto Historical Board:

Purpose:

This report recommends that the request to extend the City of Toronto's Comprehensive General Liability policy of insurance to cover the volunteer group, Friends of Fort York and Garrison Common, during the Fort York Festival.

Funding Sources, Financial Implications and Impact Statement:

No cost to the City.

Recommendations:

It is recommended that City Council approve extending coverage under the General Liability policy insurance to the Friends of Fort York and Garrison Common, a volunteer group working for the benefit of the City to organize the Fort York Festival.

Council Reference/Background/History:

At the City Council meeting of March 4, 1998, Council adopted a motion authorizing the Toronto Historical Board (THB) to grant permission to event holders to have events at Fort York providing that the event holders are required to enter into an agreement with the THB containing the following terms and conditions:

(1) The event holder shall provide insurance in a form and amount satisfactory to the City of Toronto's Chief Financial Officer and Treasurer.

(2) The event holder shall agree to indemnify the Toronto Historical Board and the City of Toronto with respect to all claims, costs or liabilities which the Board or the City may suffer or incur arising from the granting of permission and the holding of the event.

(3) The event holder shall agree to pay to the Toronto Historical Board the required rental fee, damage deposit, staffing and equipment costs approved by the Board's Managing Director.

(4) The event holder shall agree to release the Toronto Historical Board and the City of Toronto from liability in the case that the event does not proceed due to any cause including court order which is beyond the control of the Board and the City of Toronto.

(5) The event holder shall agree to comply with all applicable laws and City of Toronto By-laws, including the Noise By-law.

(6) Such other terms and conditions as the City Solicitor, in consultation with the Managing Director, may be required as necessary to protect the interests of the Board and the City.' "

Comments and/or Discussion and/or Justification:

The Friends of Fort York and Garrison Common have requested that they be exempt from condition (2) above and that the city extend its comprehensive General Liability Insurance to cover the Friends for the Fort York Festival with respect to any claims arising from the event. The Fort York Festival will be held May 16-17, 1998, at Fort York. Heritage Toronto supports this request because the Friends of Fort York are volunteer private citizens associated with Heritage Toronto and committed to the revitalization and popularization of the Fort, the City's most significant historic site. This is their second annual Fort York Festival. Last year, the Friends provided this insurance at their own expense. The cost to them was $650.00.

The centrepiece of the Fort York Festival is a War of 1812 battle re-enactment and is expected to attract about 2,000 to Fort York. Because the festival promotes the fort and is in keeping with the Board's business plan for the site, Heritage Toronto provides the use of the grounds and buildings for a nominal fee.

Conclusions:

Heritage Toronto recommends that the endeavours of the Friends of Fort York to promote this significant historic site should be assisted by granting the request so as to reduce the financial burden on this volunteer association.

Contact Name:

George Waters