Request for Tender

Provision of Insurance Services to the

Alice Springs Town Council

1 July 2016 to 30 June 2019

TENDER DOCUMENT

Contents

This Request for Tender (RFT) is comprised of six sections, being:

Section A – Background……………………………………………………. 1

Section B - Conditions of Tendering………………………………………2-10

Section C - Conditions of Contract for Supply of Insurance……………11-28 Section D - Insurable Risks……………………………………………… 29-31

Section E - Tender Response Schedules…………………………………32-44

Annexure Annexure 1 Asset Register excluding Land & Plant & Equipment……

Annexure 2 Asset Register- Plant and Equipment including Registered Motor

Vehicle…............................................................................................

Annexure 3- Additional Items waiting for capitalisation…………………

Annexure 4- Claims History of ASTC over the past three years………

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Section A - Background

1.1 Alice Springs Town Council Overview

Alice Springs is the third largest town in the Northern Territory, situated 1500Kms from the nearest Australian city. Alice Springs Town Council provides quality services and community leadership for a community of approximately 28,000 residents and a growing commercial and industrial sector. Within the Alice Springs Town Council’s Local Government area, there are 201.75kms of sealed roads, 15.43kms of unsealed roads, 25.71kms of cycle paths and 80.256kms of footpaths. Alice Springs has over 110 parks and playgrounds including 9 ovals and 1 Aquatic and Leisure Centre. Alice Springs Aquatic & Leisure Center has two fun water slides, 1 outdoor 50m pool, a 25m & a 20m heated indoor pool with disabled ramp access, indoor spa and a lazy river.

1.2 Purpose

The Council seeks Tenders from suitably experienced vendors to supply and implement insurance brokerage services and insurance cover for Alice Springs Town Council (ASTC) for a period of three (3) years with an option of a further two (2) years at the sole discretion of Council, and based on satisfactory performance.

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Section B – Condition of Tendering

2.1 Tender Documents

The Tender Documents are comprised of:

2.1.1.1 these Conditions of Tendering;

2.1.1.2 the Contract for provision of insurance services;

2.1.1.3 project brief and

2.1.1.4 the Tender Response Schedules.

2.1.2 Eligible Tenderers

This RFT is open to any organisation or person who registers its interest and details with the Council and thereby obtains a copy of the Tender Documents. Parties obtaining the Tender Documents (in soft copy) will be required to register their name and contact details at the time of issue of the documents (each such party is a “Tenderer”).

2.1. 3 Lodgement of Tenders

2.1.3.1 The Tender must be lodged with Council by 5.00pm, 22nd

April 2016 (the “Closing Date”) and in accordance with the requirements of this tender to either of the following addresses;

If mailing your tender please endeavor to ensure that is

received by Council on the “Closing Date”. The tender must be postdated no later than the 20th April 2016 for Council to accept it.

If sending by post to:

Alice Springs Town Council “CONFIDENTIAL” Tender for the Provision of Insurance Services. Alice Springs Town Council PO Box 1071 Alice Springs NT 0871 Or in person delivery to: Alice Springs Town Council “CONFIDENTIAL” Tender for the Provision of Insurance Services. Alice Springs Town Council 93 Todd Street, Alice Springs, NT 0870

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2.1.3.2 Facsimile and electronic transmissions will not be accepted.

2.1.4 Late Tenders

Any Tenders received after the Closing Date postdated no later WILL NOT be considered or accepted, unless they are postdated no later than the 20th April 2016.

2.1.5 Extension of Time for the Submission of Tenders

2.1.5.1 The Council may, in its absolute discretion, no less than

2 business days before the Closing Date, extend the Closing Date by notice in writing to the Tenderers.

2.1.5.2 A Tenderer may request the Council to extend the Closing

Date for the submission of a Tender by written application to the Nominated Contact Person. Any such requests must be received by the Nominated Contact Person at least five (5) business days prior to the Closing Date, and must provide sufficient reasons to support the request. It is entirely at Council’s discretion to grant the extension.

2.1.6 Tender Validity Period

2.1.6.1 All Tenders will remain open for acceptance by the Council

for a period of not less than 3 months after the Closing Date.

2.1.6.2 Once submitted, a Tenderer cannot withdraw its Tender

without the prior consent of the Council, unless the Tender is withdrawn in writing before the Closing Date.

2.1.7 Proposed Tender Process

Council also reserves its right relating to Clause 2.5 and 2.6 of these Conditions of Tendering for its tender process.

2.1.8 Proposed Timing of Tender Process

The proposed timing for the Tender Process is as follows:

Request for Tenders 31 March 2016

Closing Date 22 April 2016

Notification to successful Tenderer

Mid May 2016 (indicative)

Execution of Contract for Services

Mid-End May 2016 (indicative)

Commencement of Provision of Services

1 July 2016

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2.1.9 Provision of Information

All technical and other written information supplied to the Tenderers must not be used for purposes other than the preparation of a Tender under this RFT.

2.2 Communication between the Parties

2.2.1 Enquiries or Requests for Information or Clarification

2.2.1.1 Any enquiries or requests for information or clarification

regarding this RFT or the Tender Documents must be made in writing and addressed to the Nominated Contact Person.

The Nominated Contact Person is

Jackie Hawkins, Manager Finance Alice Springs Town Council PO Box 1071 93 Todd Street, Alice Springs NT 0870 Ph: (W) 8950 0500 jhawkins@astc.nt.gov.au

2.2.1.2 The Nominated Contact Person may (but is not obligated to)

respond to a Tenderer’s enquiries or request for information or clarification.

2.2.1.3 If the Council provides any information to a Tenderer by

way of clarification, then the Council reserves the right to provide that information to other Tenderers.

2.2.1.4 No statement made by the Nominated Contact Person, or

any other representative of the Council should be construed as modifying this RFT or any of the Tender Documents, unless confirmed in writing by the Nominated Contact Person.

2.2.2 Tenderer’s Contact Person

Tenderers are required to nominate a person to be the authorised contact person and supply an address for the service of any notices for the purpose of this RFT i.e. (“Tenderer’s Representative”).All communication with the Tenderer shall be via the Tenderer’s Representative.

2.2.3 Site/Industry Briefing

Council will not conduct a site/industry briefing meeting for this tender.

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2.2.4 Tenderer not to solicit the Council and its employees

The Tenderer and its representatives must not interfere or attempt to interview or to discuss its Tender with the Mayor, Councillors or employees of the Council, other than the Nominated Contact Person. The Council reserves the right to reject any Tender submitted by a Tenderer which contravenes this clause.

2.3 Tender Preparation

2.3.1 Tenderers to be informed

Each Tenderer must, prior to submitting its Tender, become acquainted with the nature and extent of the Services to be undertaken, and make all necessary examinations, investigations, inspections and deductions.

2.3.2 Evidence of Registration or Licensing

Each Tenderer must (if applicable) be licensed or registered to perform the Services.

2.3.3 Conflict of Interest

Tenderers must inform Council of any circumstances or relationships which will constitute a conflict or potential conflict of interest if the Tenderer is successful. If any conflict or potential conflict exists, the Tenderer must advise how it proposes to address this.

2.3.4 Use of Sub-contractors

Where a Tenderer proposes to use resources from organisations other than the Tenderer itself, substantial information relating to the contractual arrangements for such resources must be detailed in the Tender, together with information on the relevant experience of such other organisation.

2.3.5 Ombudsman Act (NT)

Tenderers should be aware that the Ombudsman Act (NT) includes as an “administrative action” action taken in the performance of functions under a contract for services for a Council such that those actions may be investigated in the public interest by the Ombudsman. The Tenderer must ensure compliance with all obligations arising under that or any other legislation.

2.3.6 Freedom of Information Tenderers should also be aware that the Information Act (NT) promotes openness in governance and accountability of public sector organisations (including councils) and to achieve these objects confers on members of the public a legally enforceable right to access

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documents, including contracts consistent with the public interest, commercial in confidence and/or the preservation of personal privacy in respect of those from whom information is collected and held public sector organisations.

2.3.7 Collusion

The Tenderer must not collude with any other Tenderers or potential Tenderers.

2.4 Tender Documents

2.4.1 Conforming Tenders

A Conforming Tender is a Tender which meets all of the requirements set out in this RFT and the Tender Documents. Failure to respond to or meet any of the requirements set out in this RFT and the Tender Documents will result in the Tender being deemed a Non-Conforming Tender.

2.4.2 Non-Conforming Tenders

The Council is not required to, but may at its sole discretion; consider an incomplete, informal or a Non-Conforming Tender.

2.4.3 Content of Tenders

2.4.3.1 Tenderers are required to complete the Tender Return

Schedules and submit them to the Council.

2.4.3.2 Tenderers can also supply any other additional information or documents. The Council may have reference to such additional information or documents in evaluating the Tenders, but the additional information or documents may not form part of the Contract for Services.

2.4.3.3 All prices quoted by Tenderers in their Tender are:

(a) to be in Australian dollars;

(b) to be exclusive GST; and

(c) (if subject to rise and fall), to provide full details of how the rise and fall applies and the method of determining the price.

2.4.3.4 If a Tenderer proposes to provide the Services on a basis

different to that envisaged by the Tender Documents (whether for reasons of innovation, efficiency or otherwise) that proposal should be fully documented and justified with the Tender. The Council does not warrant that any discussion with the Council’s Nominated Contact Person prior to the Closing Date in relation to such a proposal will be taken into account in evaluating the Tenders.

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2.5 Acknowledgement by Tenderers

Tenderers acknowledge that the Council:

2.5.1 makes no representations and offers no undertakings in issuing this

RFT or the Tender Documents.

2.5.2 is not bound to accept the lowest Tender or required to accept any Tender.

2.5.3 may accept all or part of any Tender.

2.5.4 may require one or more Tenderers (but is not obliged to require all) to

supply further information and/or attend a conference or interview.

2.5.5 may require one or more Tenderers (but is not obliged to require all) to make presentation(s).

2.5.6 may undertake “due diligence” checks on any Tenderer, including, but

not limited to, verifying references and/or referees, and undertaking company searches and credit checks.

2.5.7 will not be responsible for any costs or expenses incurred by the

Tenderer arising in any way from the preparation and submission of its Tender.

2.5.8 accepts no responsibility for a Tenderer misunderstanding or failing to

respond correctly to this RFT.

2.5.9 will not be liable for or pay any expenses or losses incurred by any party whether in the preparation of a Tender or prior to the signing of any Contract for Services or otherwise.

2.5.10 will not be bound by any verbal advice given or information furnished

by any member, officer or agent of the Council in respect of the Tender Documents or this RFT, but shall be bound only by written advice or information furnished by the Nominated Contact person.

2.6 Council’s Rights

The Council reserves the right to:

2.6.1 amend, vary, supplement or terminate this RFT at any time;

2.6.2 accept or reject any Tender, including the lowest price tender;

2.6.3 negotiate with any service provider on all or any part of the Services to

be supplied pursuant to this RFT;

2.6.4 vary the timing and process referred to in clauses 2.1.8 and 2.1.9;

2.6.5 postpone or abandon this RFT;

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2.6.6 add or remove any Tenderer;

2.6.7 accept or reject any Tenders whether or not they are Conforming Tenders;

2.6.8 accept all or part of any Tender;

2.6.9 negotiate or not negotiate with one or more Tenderers; and

2.6.10 discontinue negotiations with any Tenderer.

2.7 Tender Evaluation

2.7.1 In assessing Tenders, the Council will have regard to, but not

necessarily be limited to, the following criteria (not listed in any order of priority):

2.7.1.1 Tender Form and Tenderer Details;

2.7.1.2 Compliance with Conditions of Contract for Consultancy;

2.7.3.3 Compliance to the Project Brief;

2.7.3.4 Insurable Risks

2.7.3.5 Proposed approach and Project Plan to the Project brief 2.7.3.6 Resource allocation, availability and referees, Organisation

Structure

2.7.3.7 The level of skill, experience and capabilities and achievements in similar projects

2.7.3.8 Licences and Accreditations

2.7.3.9 Value Added Services

2.7.3.10 Innovation or Improvements

2.7.3.11 Pricing/Cost proposal

2.7.2 Use of Tender Documents

The Council may use, retain and copy any information contained in the Tenders for the evaluation of Tenders and for the finalisation of the provisions of the Contract for Services.

2.7.3 Debriefing of Tenderers

If requested, Tenderers may be debriefed against the Council’s evaluation criteria. Tenderers will not be provided with information concerning other Tenderers, apart from publicly available information. No comparison with other Tenders will be made.

2.8 Acceptance of Tender

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2.8.1 The Council reserves the right to negotiate different terms and

conditions for the Contract for Services with any one or more Tenderers (each referred to as a “Preferred Tenderer”).

2.8.2 Council and the Preferred Tenderer may (if required) enter into

negotiations for the award and execution of a Contract for Services.

2.8.3 If, despite their best endeavors and acting in good faith, the Council and the Preferred Tenderer are unable to negotiate and agree on the terms of the Contract for Services, the Council reserves the right to negotiate with any other parties, including other Tenderers, for the provision of the Services.

2.8.4 The successful Tenderer will be notified in writing by the Council of the

Council’s acceptance of its Tender. The successful Tenderer must not make any oral or written public statements in relation to the awarding of a Contract for Services until written notice is received by the Tenderer.

2.8.5 The notification of the acceptance of Tender by the Council creates an

obligation on the Council and the successful Tenderer to enter into the Contract for Services (subject to any variations agreed pursuant to clause 2.8.2).

2.8.6 The successful Tenderer acknowledges and agrees that all intellectual

property created by the successful Tenderer arising out of the provision of the Services belongs to the Council, and the successful Tenderer will do all reasonable things necessary to assist the Council in the protection and transfer of ownership of the intellectual property resulting from the provision of the Services.

2.9 Unsuccessful Tenders

Unsuccessful Tenderers shall, if required by the Council, return the Tender Documents to the Council, once they have been advised that their Tender is unsuccessful.

2.10 No Legal Requirement

The issue of this RFT or any response to it does not commit, obligate or otherwise create a legal obligation on the Council to acquire the Services from the Tenderers.

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2.11 Definitions

In this RFT, the following terms shall, unless inconsistent with the context, have the meanings indicated:

2.11.1 A reference to a “clause” is a reference to a clause of this RFT.

2.11.2 “Closing Date” means the time and date specified in clause 2.1, or

such later time and date as may be notified in writing to Tenderers by the Council;

2.11.3 “Conforming Tender” means a Tender described in clause 2.4.1.

2.11.4 “Contract for Services” means the contract for the provision of

Supply of Insurance Services; see Section C, as may be subsequently amended by agreement between the Council and the successful Tender pursuant to clause 2.8.

2.11.5 “Nominated Contact Person” means the person named in clause

2.2.1.

2.11.6 “Non-Conforming Tender” means a Tender does not meet the requirements set out in this RFT and/or the Tender Documents.

2.11.7 “RFT” means this Request for Tender set out in the Tender

Documents.

2.11.8 “Specifications” means the specifications specified in Section D of this RFT.

2.11.9 “Tender” means a tender submitted by a Tenderer pursuant to this

RFT.

2.11.10 “Tender Documents” means the documents specified in clause 2.1

2.11.11 “Tender Process” means the process for calling, receiving, evaluating and awarding of Tender(s) set out in clause 2.1.7 & 2.1.8 of these Conditions of Tendering.

2.11.12 “Tender Return Schedules” see Section E of this RFT.

2.11.13 “Tenderer” has the meaning given to it in clause 2.1.2.

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Section C- Conditions of Contract for Supply of Insurance

PROFESSIONAL SERVICES AGREEMENT

Between: The Council:

Address:

Contact

ALICE SPRINGS TOWN COUNCIL [ABN 45 863 481 471]

93 Todd street, Alice Springs, NT 0870

(08) 8950 0500

And the Successful Tenderer:

Address:

Contact

TO BE DETERMINED

The successful tenderer will carry out the Services and otherwise comply with its obligations under this

Agreement. The Council will pay to the Insurer the Premium/Fee, in accordance with this Agreement and

otherwise comply Execution by

THE COUNCIL Executed as an Agreement Date: / /

……………………………………… (on behalf of Chief Executive Officer)

………………………………… ……………………………………… (insert details of person executing)

Execution by the Successful Tenderer (where sole trader or partnership)

Executed as an Agreement Date: / / ………………………………… ……………………………………… Signed Signed

………………………………… ……………………………………

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THE SCHEDULE 1. REIMBURSABLE

EXPENSES [eg. travel, purchase of materials, telephone charges, government fees and charges]

N/A

2. INSURANCE REQUIREMENTS

Public Liability Insurance:

Amount: $20 million Policy #: ……………….. Expiry: Professional Indemnity Insurance:

Amount: $10 million Policy #: ……………….. Expiry:

Work Cover - Employer No: ………………………….

Other Insurances:

Company: ……………………..……… Policy #: ……………….Expiry:

3. CONFIDENTIAL CLAUSES/ SCHEDULES

…………………………………………………………………………………………

…………………………………………………………………………………………

4. SPECIAL CONDITIONS

The terms and conditions in this Agreement represent the Council’s standard terms and conditions for professional services. The following special conditions take precedence in the event of any inconsistency between the standard and any special conditions.

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

5. APPROVED PERSONNEL

Refer to Section 2.2.1.1 of Section B

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Term and Conditions of Professional Services 3.1 The Engagement of the Insurer

3.1.1 The Council hereby engages the Insurer who accepts the engagement to

undertake and to supply the Services.

3.1.2 This Agreement does not restrict the Insurer/broker’s ability to engage in any other business, occupation or activity during the Term, provided that in doing so the performance of the Services is not detrimentally affected.

3.1.3 The parties acknowledge that nothing in this Agreement creates or infers a

relationship between the parties of partnership or employer/employee. 3.2 Payment Terms

3.2.1 Payment of the Premium

The Council will pay to the Insurer the premiums for the supply of the Services.

3.2.2 Payment of Reimbursable Expenses

Not applicable.

3.2.3 Payment Terms

3.2.3.1 The Insurer will issue a Tax Invoice to the Council at the commencement of the financial year in which Insurance services are being provided.

3.2.3.2 Payment of the premiums will be due within thirty (30) days from the

end of the month in which the Council receives a correctly rendered Tax Invoice from the Insurer.

3.2.3.3 A Tax Invoice is correctly rendered when it:

3.2.3.3.1 describes the services provided and the period to which the

Services relate;

3.2.3.3.2 displays the terms of payment of the Fee described in the invoice;

3.2.3.3.3 displays the Council’s Purchase Order Number (if relevant)

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3.2.3.3.4 is addressed to the Council's address as specified in this

Agreement; and

3.2.3.3.5 set out in reasonable detail the manner and basis of the calculation of the Fee set out in the invoice.

3.2.4 Effect of Payment

Any payment, in part or in total, of the Fee does not constitute an acceptance by the Council of the Services and does not amount to a waiver of any right or action which the Council may have at any time against the Insurer.

3.2.5 Disputed Tax Invoice

If the Council disputes the Insurer’s Tax Invoice (or any part of a Tax Invoice) then the matter must be dealt with under clause 3.18

3.2.6 Right of Set Off

The Council is entitled to deduct from amounts otherwise payable to the Insurer any amount whatsoever due from the Insurer to the Council.

3. 3 Standard and Scope of the Services

3.3.1 The Insurer must provide the Services with all the skill, care and diligence to be

expected from a qualified, competent and experienced provider of such services of a similar nature and during the Term the Insurer will devote such of its time and ability as is appropriate and reasonably necessary for the proper performance and completion of the Services.

3.3.2 The Insurer warrants to the Council that it holds all authorisations required for it

to perform its obligations under this Agreement, undertakes to comply with such authorisations and all applicable Laws, accepted industry standards, specifications and procedures in the performance of its obligations under this Agreement.

3.3.3 In providing the Services under this Agreement, the Insurer must:

3.3.3.1 comply with all Laws including the Work Health and Safety (National

Uniform Legislation Act) (NT) and any regulations made thereunder; and

3.3.3.2 comply with any reasonable requests of the Council, whether in

relation to the manner of the performance of the Services or otherwise.

3.3.4 The Insurer must promptly notify the Council of any accident, injury, property or environmental damage or any potential breach of any Law (“any reportable incident”) that occurs during or as a result of this Agreement. All reportable incidents shall be immediately notified to the Council and the Insurer must, within 24 hours of any such incident, provide a report to the Council’s Representative giving complete details of the incident, including results of investigations into its cause, and any recommendations or

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strategies for prevention in the future.

3.3.5 Without limiting the Insurer’s obligations under clause 3.3.4, the Insurer agrees to ensure timely compliance with all obligations arising under the Ombudsman Act, in relation to any investigation under that Act.

3.3.6 The Insurer shall supply at its own expense all plant, equipment and facilities

required for the performance of the Services and ensure that such plant, equipment and facilities are maintained at all times in a safe and good working condition.

3.3.7 The Insurer must at all times keep the Council fully and regularly informed as to

all matters affecting or relating to the Services and shall provide to the Council such information as is reasonably requested by the Council from time to time for the purposes of monitoring the performance by the Insurer of its obligations under this Agreement;

3.3.8 Times for the fulfilment of the Insurer’s obligations under this Agreement are

essential terms of this Agreement. 3.4. Variation to the Services

3.4.1 The Council may, by written notice to the Insurer request a Variation to the

scope and extent of the Services. This may consist of a direction to the Insurer to change the character or quality of the Services.

3.4.2 Subject to clause 3.4.4, no Variation will be carried out by the Insurer unless

and until the Council has provided to the Insurer a written Variation and the valuation of the Variation has been determined.

3.4.3 A Variation will be valued as follows:

3.4.3.1 where the Variation can be valued by the application of rates accepted

by the Council, by the application of those rates;

3.4.3.2 where there are no relevant rates the Council’s Contract Representative shall determine a reasonable value.

3.4.4 If the Council is of the opinion that the matter is one of such urgency that the

Insurer should proceed before the Variation has been valued, the Insurer may proceed with the Variation to the Services on receiving a written or oral instruction to that effect from the Council and the Variation shall

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thereafter be valued in accordance with clause 3.4.3. Where such an oral instruction is given, it shall be confirmed in writing as soon as practicable thereafter.

3.4.5 No Variation shall invalidate this Agreement irrespective of the character or

value of the Variation.

3.4.6 Notwithstanding any aspect of this clause 3.3.4 the Insurer acknowledges and agrees that modifications to the Council’s operations and/or procedures during the Term may necessitate modifications to the Services and the method of their delivery. The Insurer will accept and perform the amendments and modifications.

3.4.7 All Variations must be in writing and signed by the Contract Representatives.

3.5. Employees and Sub-Contractors

3.5.1 The Insurer must engage sufficient personnel to carry out the Services in

accordance with this Agreement and ensure that the Services are carried out by personnel who are properly trained, experienced and, if required by Law, accredited to perform the Services.

3.5.2 The Insurer will be responsible for the provision of the Services by all

personnel (including its subcontractors) engaged by it and will not be relieved of its obligations or liabilities under this Agreement.

3.5.3 The Insurer must take all steps necessary to provide a safe system of work at

any location at which the Insurer carries out the Services and provide for and ensure the safety of all persons associated with the performance of the Services including the Council’s employees and Insurers that may enter upon the work-places operated by the Insurer from time to time in connection with the performance of the Services.

3.5.4 The Insurer will ensure that all of its employees and subcontractors:

3.5.4.1 Conduct themselves in a friendly, courteous, civil and inoffensive

manner;

3.5.4.2 Carry out their duties at all times with as little inconvenience and disturbance to others as possible, and without causing any nuisance.

3.5.5 The Insurer is responsible for labour management and industrial relations in

respect of the Services and accordingly:

3.5.5.1 The Council is not and will not be liable for the payment of any employee benefits for the Insurer, including wages and salary, paid public holidays and sick leave, superannuation, superannuation guarantee, PAYE or other income taxes and other insurance or benefits arising out of or in connection with the activities of the Insurer;

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3.5.5.2 The Council will not bear nor accept any additional costs as a result of the impact of any industrial dispute on the provision of the Services; and

3.5.5.3 In the event of an industrial dispute, the Insurer must take all

reasonable steps to ensure where possible the continuation of the Services without adverse impact on the Council.

3.6. Insurer’s Staff

3.6.1 The Insurer acknowledges that the Council has entered into this Agreement on

the basis of the skills, reputation, qualifications, experience and knowledge of the Approved Personnel and that the provision of the Services under this Agreement must be by only the Approved Personnel.

3.6.2 The Insurer may, by written application, request that the Council approve

further people to be included in the definition of the Approved Personnel. If the Council approves such an addition the Approved Personnel shall be adjusted accordingly.

3.6.3 The Council’s approval under clause 3.6.2 shall be made in the Council’s

sole and absolute discretion and may be withheld as the Council sees fit.

3.6.4 For the avoidance of doubt, where the Insurer engages subcontractors under clause 3.20.6, such subcontractors must be approved by Council as members of the Approved Personnel.

3.7. Ownership of Intellectual Property Rights and Deliveries

3.7.1 The Insurer hereby assigns to the Council all future copyright and all other rights

of a like nature in the Deliverables throughout all countries of the world to the intent that such rights will upon their creation vest in the Council.

3.7.2 Subject to clause 3.7.3, title to all Intellectual Property Rights in the Deliverables

other than copyright vesting in the Council under clause 3.7.1, will be assigned to the Council upon its creation.

3.7.3 The Insurer hereby grants the Council a perpetual, royalty-free, non- exclusive

license of Background Intellectual Property, with a right to grant sub- licenses, to the extent necessary to use or reproduce in any way the Deliverables.

3.7.4 The parties to this Agreement shall do all such things and execute all such

forms and documents as are necessary or desirable, in the opinion of the Council, in order to permit or facilitate the performance of the transactions contemplated by this clause.

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3.8. Intellectual Property

3.8.1 The Insurer warrants that the Deliverables will not infringe the Intellectual

Property Rights of any person. The Insurer fully indemnifies the Council against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against the Council alleging that the Deliverables infringe any such Intellectual Property Rights.

3.8.2 The Council warrants that any Data provided by it to the Insurer will not infringe

the Intellectual Property Rights of any person. The Council shall fully indemnify the Insurer against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against the Insurer alleging that such Data infringes any such Intellectual Property Rights.

3.9. Indemnity and Exclusion of Liability

3.9.1 The Insurer must indemnify and keep the Council and its respective employees,

officers and Insurers indemnified against all claims, demands, expenses, loss or damage which may be brought or made or claimed against the Council and its respective employees, officers and Insurers in respect of loss or damage to any property, or the death of or personal injury to any person caused or contributed to (but only to the extent contributed to) by the Insurer, a breach by the Insurer of any of the terms of this Agreement, any willful, unlawful or negligent act or omission of the Insurer and any claim, action or proceeding by a third party against the Council or its employees, officers and Insurers caused or contributed to by the Insurer.

3.9.2 The indemnity provided by the Insurer under clause 3.9.1 shall be reduced by

the extent to which any negligence on the part of the Council contributed to the injury, loss or damage giving rise to the claim for the indemnity.

3.9.3 The Insurer will undertake the Services at its own risk in all things and hereby

releases the Council and its respective employees, officers members and Insurers from and against all claims, actions, proceedings, costs, expenses, losses, suffering, illness and liabilities incurred by the Insurer or its employees, agents, subcontractors, third party persons, and customers which arise from the performance of the Services.

3.10. Mutual Warranties

Each party represents and warrants to the other that as at the date of this Agreement:

3.10.1 all actions, conditions and things required to be taken, fulfilled and done by it in

order to enable it to enter into, exercise its rights and perform and comply with its obligations under this Agreement have been done; and

3.10.2 all authorisations required for its entry into, exercise of its rights under, and

performance and compliance with its obligations under this Agreement have been obtained.

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3.11. Non Performance by the Insurer

If the Insurer fails to perform any of its obligations under this Agreement and the Insurer is given a notice in writing specifying the obligation which the Insurer has failed to perform and requiring the failure to be rectified within such reasonable time as the Council sets out in the notice, then if the Insurer fails to rectify the failure within such reasonable time, the Council may:

3.11.1 suspend any or all payment of fees until such failure is rectified; and/or

3.11.2 rectify the failure itself whether by the use of the Council's employees or other

Insurers and deduct the cost of such rectification from all sums due to the Insurer; and/or

3.11.3 terminate this Agreement in accordance with clause 3.13.1; and/or

3.11.4 pursue all or any other legal remedies available to the Council as a

consequence of failure by the Insurer.

3.12. Force Majeure

3.12.1 If a Force Majeure Event causes delay or failure by a party to perform its

obligations under this Agreement:

3.12.1.1 neither party will be liable for such delay or failure; and

3.12.1.2 all obligations of a party under this Agreement will be suspended until the Force Majeure Event ceases to apply.

3.12.2 A party which is, by reason of a Force Majeure Event, unable to perform any

obligation or condition required by this Agreement must:

3.12.2.1 notify the other party as soon as possible giving:

3.12.2.1.1 reasonably full particulars of the event or circumstance of Force Majeure Event;

3.12.2.1.2 the date of commencement of the Force Majeure Event

and an estimate of the period of time required to enable it to resume full performance of its obligations; and

3.12.2.1.3 where possible, the means proposed to be adopted

to remedy or abate the Force Majeure Event;

3.12.2.2 use all reasonable diligence and employ all reasonable means to remedy or abate the Force Majeure Event as soon as possible;

3.12.2.3 resume performance as soon as possible after termination of the

Force Majeure Event or after the Force Majeure Event has abated to an extent which permits resumption of performance;

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3.12.2.4 notify the other party when the Force Majeure Event has terminated or abated to an extent which permits resumption of performance to occur; and

3.12.2.5 notify the other party when resumption of performance has occurred.

3.12.3 If a delay or failure under clause 3.12.1 exceeds sixty days, either party may

immediately terminate this Agreement on providing notice in writing to the other party.

3.13. Termination

3.13.1 Termination by the Council with notice

3.13.1.1 Without limiting any other clause of this Agreement, at any time during

the Term, the Council may terminate this Contract by giving not less than 30 days written notice to the Insurer and upon receipt of such notice the Insurer must cease work or reduce work to mitigate consequential losses arising from the early termination.

3.13.1.2 In such circumstances, the Council will be liable to the Insurer only in

respect of fees properly owing up to the date of termination in respect of the Services (or part thereof) performed to that time. Without limiting the effect of this clause 3.13.1.2, the Council will not be liable to compensate the Insurer for loss of potential profits or other consequential loss incurred by the Insurer arising from termination by the Council pursuant to clause 3.13.1.1.

3.13.2 Termination by the Council for cause

3.13.2.1 The Council may immediately terminate this Agreement by giving

notice in writing to the Insurer if:

3.13.2.1.1 the Insurer ceases to carry on business or becomes otherwise unable to perform its obligations under this Agreement; or

3.13.2.1.2 fails to perform or observe any material term of this

Agreement and fails to remedy that breach within a reasonable time after receiving a notice from the Council requiring the Insurer to remedy that breach; or

13.2.1.3 the Insurer has an agent in possession, mortgagee in

possession, administrator or receiver and/or manager or similar insolvency official appointed to the whole or any substantial part of its assets, or if any order is made or a resolution passed for the winding up of the Insurer; or

3.13.2.1.4 the Insurer becomes insolvent or makes an assignment or

compromise for the benefit of its creditors or is otherwise unable to pay its debts as and when they become due.

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3.13.3 Termination by the Insurer

The Insurer may immediately terminate this Agreement if the Council fails to perform or observe any material term of this Agreement and fails to remedy that breach within a reasonable time after receiving a notice from the Insurer requiring the Council to remedy that breach.

3.13.4 Prior Rights

Termination of this Agreement shall be without prejudice to the rights or obligations of the Insurer or the Council in respect of any matter, thing or event occurring prior to termination or in respect of any sums or other claims outstanding at the time of termination.

3.14. Notices

3.14.1 Notices under this Agreement may be sent to the relevant address specified in

the Schedule.

3.14.2 A notice under this Agreement will be deemed given:

3.14.2.1 in the case of hand delivery, when a party or its representatives acknowledge in writing that it has been received;

3.14.2.2 in the case of posting, three days after dispatch; and

3.14.2.3 in the case of facsimile, when the transmission is received if receipt

occurs on a Business Day, or otherwise at the beginning of the next business day after transmission.

3.15. Representatives

3.15.1 Each party may from time to time in writing appoint a representative to

administer the day to day operation of this Agreement by exercising any functions of that party or its representative (such party a “Representative”).

3.15.2 Not more than one Representative appointed pursuant to clause 3.15.1 shall

be delegated any one function at the same time.

3.15.3 A Representative may be varied from time to time by written notice to the other party.

3.15.4 Council reserves the right for their representative to accompany Approved

Personnel as they carry out the Services in accordance with this Agreement.

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3.16. GST

3.16.1 All amounts payable under this Agreement are calculated or expressed

exclusive of GST, unless otherwise stated.

3.16.2 If GST is payable by a party ("the supplier") for a supply under this Agreement to the other party ("the recipient") the recipient must pay to the supplier an amount equal to the GST payable on that supply in addition to the GST exclusive amount payable for that supply.

3.16.3 If any payment to be made to a party under or in connection with this

Agreement is a reimbursement or indemnification of an expense or other liability incurred or to be incurred by that party, then the amount of the payment must be reduced by the amount of any input tax credit to which that party is entitled for that expense or other liability, such reduction to be effected before any increase in accordance with clause 3.16.2.

3.16.4 If an adjustment event has occurred in respect of a taxable supply made under

or in connection with this Agreement, any party that becomes aware of the occurrence of that adjustment event must notify each party to that taxable supply as soon as practicable, and all those parties agree to take whatever steps are necessary (including to issue an adjustment note), and to make whatever adjustments are required, to ensure that any GST or additional GST on that taxable supply, or any refund of GST (or part thereof), is paid no later than 28 days after the supplier first becomes aware that the adjustment event has occurred.

3.17. Confidential Information and Freedom of Information

3.17.1 Each of the parties agrees that it will not use any Confidential Information of the

other party or allow any Confidential Information of the other party to be used for any purpose whatsoever, except for the purposes of and in the manner contemplated by this Agreement, and agrees that it will:

3.17.1.1 keep confidential;

3.17.1.2 take reasonable steps to ensure that the party’s officers and

employees do not disclose to a third party;

3.17.1.3 maintain proper and secure custody of; and

3.17.1.4 not use or reproduce in any form,

any Confidential Information belonging to the other party. Any departure from a party’s obligations pursuant to this clause may only be with the written consent of the other party or as required by law or the terms of this Agreement.

3.17.2 The Information Act (NT) gives members of the public rights to access Council

documents. This Act promotes openness in governance and accountability of government agencies and to achieve these objects confers on members of the public a legally enforceable right to be given access to documents, including contracts, held by the Council subject but not limited to such restrictions as are

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consistent with the public interest, commercial in confidence and/or the preservation of personal privacy in respect of those from whom information is collected and held by the Council and other public authorities.

3.17.3 The Insurer consents to any disclosures made as a result of the Council

complying with its obligations under the Information Act (NT), subject to any legally required consultation.

3.17.4 Subject to clause 3.17.1 and for the purposes of the Information Act (NT),

the clauses and Schedules of this Agreement specified in Schedule 1 are confidential (“Confidential Sections”).

3.17.5 Unauthorised disclosure of the Confidential Sections and the subject matter

contained therein constitutes a breach of a party’s obligations under this Agreement.

For the purposes of this clause “Confidential Information” means and includes any documentation or information of a confidential nature supplied by either of the parties to the other in connection with this Agreement and includes but is not limited to all scientific, technical, manufacturing, performance, sales, financial, commercial, contractual or marketing information possessed by each party but specifically excludes any documentation or information which has been previously published or otherwise disclosed to the general public or is required to be disclosed by law.

3.18. Dispute Resolution

3.18.1 Mediation

3.18.1.1 Any dispute arising out of the subject matter of this Agreement shall be

notified in writing by either party to the other party. The notice must set out details of the dispute. At first instance the parties shall meet to consider and resolve the dispute. If the parties are unable to resolve the dispute within a reasonable time, then they shall explore in good faith the prospect of mediation.

3.18.1.2 Nothing in this clause shall prevent either party seeking urgent

equitable relief.

3.18.2 Arbitration or litigation

3.18.2.1 In the event that the dispute is not resolved in accordance with clause 18.1, any party may then refer the dispute to arbitration or commence litigation proceedings.

3.18.2.2 Where a party to a dispute fails to comply with clause 3.18.1, any

other party to the dispute need not comply with clause 3.18.1 before referring the dispute to arbitration or commencing litigation proceedings.

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3.19. Miscellaneous Provisions

3.19.1 Variation

This Agreement may only be varied if agreed by all the parties in writing by a subsequent document.

3.19.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

3.19.3 Costs

Each party shall bear their own legal costs incurred in connection with the preparation, negotiation and execution of this Agreement.

3.19.4 Survival of Indemnities

3.19.4.1 Each release and/or indemnity by a party is this Agreement is a

continuing obligation of that party despite:

3.19.4.1.1 any settlement of account; or

3.19.4.1.2 the occurrence of any other thing;

and remains in full force until all money owning, contingently or otherwise, under the indemnity has been paid in full.

3.19.4.2 Each release or indemnity by a party in this Agreement is an

additional, separate and independent obligation of that party and no one indemnity limits the general nature of any other indemnity.

3.19.5 Special Conditions

The terms and conditions in this Agreement represent the Council’s standard terms and conditions for consultancy services. The special conditions set out in Item 4 Section C of The Schedule take precedence in the event of any inconsistency between the standard and any special conditions.

3.19.6 Subcontracting and Assigning

3.19.6.1 The Insurer will not, except pursuant to this clause 3.19.6, subcontract

or assign the whole or any portion of its rights and obligations under this Agreement, and no sub-contractors or assignees will have any rights under this Agreement against the Council or be entitled to receive any payments under this Agreement from the Council unless the relevant subcontract or assignment has received the Council’s consent pursuant to this clause 3.19.6.

3.19.6.2 The Insurer will be entitled to assign or subcontract the whole or any

part of its rights and obligations under this Agreement only with

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the prior written consent of the Council, which consent may not be unreasonably withheld but which may be given subject to such conditions as the Council considers appropriate.

3.19.6.3 With any application for the consent of the Council to any assignment or

subcontracting, the Insurer must provide all such information as may be required by the Council, including, but not limited to, evidence that the proposed assignee or subcontractor will be capable of performing any obligations of the Insurer under this Agreement that are to be subcontracted or assigned.

3.19.6.4 Unless otherwise agreed in writing by the Council, no assignment or

subcontracting of any rights or obligations of the Insurer under this Agreement will relieve the Insurer from any liability under this Agreement or at Law in respect of the performance or purported performance of this Agreement and the Insurer will be responsible for the acts and omissions of any subcontractor or assignee or any subcontractor's or assignee's employees and agents as if they were the acts or omissions of the Insurer.

3.19.6.5 For the purpose of this clause 3.19.6, if the Insurer is a company, an

assignment of this Agreement will include any change in the beneficial ownership of the share capital of the Insurer, or the resignation, death or appointment of any director of the company, which alters the effective control of the Insurer.

3.19.7 Severance

If any provision of this Agreement is invalid or unenforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid or unenforceable provisions are and will continue to be valid and enforceable in accordance with their terms.

3.19.8 Preservation of rights under this Agreement

Any rights conferred by this Agreement are additional and without prejudice to all other rights and remedies available to the parties. No exercise or lack of exercise of a right constitutes a waiver by a party of any other right or remedy nor does any of the parties respective rights merge upon the termination of this Agreement.

3.19.9 Effects of failure to enforce rights

Failure or omission by a party to enforce or require strict compliance with a provision of this Agreement does not affect or impair that provision or the right of the party to avail themselves of any remedies they may have in respect of any breach of a provision.

3.19.10 Consent and approvals

Each party must do all things necessary to give full effect to this Agreement and the transactions contemplated by this Agreement.

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3.19.11 Governing law

This Agreement is governed by and will be construed in accordance with the laws of Northern Territory. The parties submit to the jurisdiction of the courts of Northern Territory and agree to issue any proceedings relating to this document in those courts.

3.20. Defined Terms and Interpretation

3.20.1 Defined terms

In the interpretation of this Agreement unless the context otherwise requires:

3.20.1.1 Approved Personnel means the persons named in Item 5 of the

Schedule Section C and any other person(s) approved by the Council pursuant to clause 3.6 to undertake the Services;

3.20.1.2 Authorisation means any authorisation, agreement approval, licence,

permit, consent, qualification, accreditation, filing, registration, certificate, resolution, direction, declaration or exemption and any renewal and variation of them by or with a Governmental Agency;

3.20.1.3 Background Intellectual Property means Intellectual Property Rights

in the Deliverables which were not specifically created as part of the Services (including the pre-existing Intellectual Property Rights of the Insurer and Intellectual Property Right of third parties);

3.20.1.4 Contract Representative means a person appointed by a party

pursuant to clause 3.15.1;

3.20.1.5 Data means information directly or indirectly relating to this Agreement and/or the Services;

3.20.1.6 Deliverables means all documents, equipment, software, information

and Data produced as part of the Services and supplied to the Council as part of the Services;

3.20.1.7 Fee means the fee payable by the Council to the Insurer in

consideration for the Services.

3.20.1.8 Force Majeure Event means an event beyond the reasonable control of the parties which precludes a party from observing or performing on time an obligation under this Agreement. Such circumstances include but are not limited to:

3.20.1.8.1 acts of God, lightning strikes, earthquakes, floods, storms,

explosions, fires and any natural disaster; and

3.20.1.8.2 acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

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3.20.1.9 Governmental Agency means any government or any government, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity including any self- regulatory organisation established under statute or any stock exchange;

3.20.1.10 GST means any goods and services tax, value added tax or similar

tax levied or imposed by the Commonwealth of Australia;

3.20.1.11 GST Law has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

3.20.1.12 Intellectual Property Rights includes property and rights in respect

of or in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions) whether created before or on or after the Agreement;

3.20.1.13 Law means any statute, regulation, order, rule, subordinate

legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation;

3.20.1.14 Reimbursable Expenses means those expenses specified in Item

1 of the Schedule;

3.20.1.15 Services means those services which the Insurer is to perform under this Agreement;

3.20.1.16 Special Conditions means the special conditions (if any) in respect

of the Services set out in the Schedule of Section C item 4.

3.20.1.17 Tax Invoice has the meaning given by the GST Law; and

3.20.1.18 Variation means any change to the Services including any addition, increase, decrease, omission, deletion, demolition or removal to or from the Services.

3.20.2 Interpretation

3.20.2.1 In this Agreement including the Annexures and Schedule unless the

contrary intention appears:

3.20.2.1.1 headings are for ease of reference only and are not relevant to interpretation;

3.20.2.1.2 the singular includes the plural and vice versa;

3.20.2.1.3 a reference to a gender includes all genders;

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3.20.2.1.4 a reference to a person includes bodies corporate, unincorporated associations and partnerships;

3.20.2.1.5 a reference to a clause, sub clause, Annexure or Schedule is a reference to a clause, sub clause, Annexure or Schedule of this Agreement;

3.20.2.1.6 where a word or phrase is given a particular meaning, other

parts of speech and grammatical forms of that word or phrase have corresponding meanings;

3.20.2.1.7 all references to measurements, quantities, dimensions and units shall be in terms of Commonwealth legal units.

3.20.2.1.8 monetary references are references to Australian currency.

3.20.2.1.9 the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

3.20.3 Documents Comprising Agreement

The Schedule and the Annexures form part of this Agreement.

3.20.4 Contra Proferentem

In the interpretation of this Agreement, no rule of construction applies to the disadvantage of one party on the basis that that party put forward or drafted this Agreement or any provision in it.

3.20.5 Approvals and Consents

Unless expressly stated otherwise, all approvals or consents required to be given by a party under this Agreement must not be unreasonably withheld or delayed.

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Section D- Insurable Risks

4.1 Insurable Risk

The following sets out the assets and insurable risks of Council that we require a quotation for. It is important that all assets and insurable risks are included in your quotation. Failure to include any of these will result in a non- conforming tender that may not be considered. Should the supplier deem that the risk is under/over insured, ASTC would like to receive further explanations around the approach the supplier has taken. Additional guidance on possible risks of Council that should be insured can be given by the contractor; pricing shall be identified. The following sections outline the insurable risks Council is currently seeking insurance services for.

4.1.1 Industrial Special Risks:

ASTC is seeking to insure risks of physical loss, destruction of or damage to property and contents not specifically excluded in the Tenderer’s Policy Document. The contractor is required to provide details of any limits of liability, sub limits of liability or deductibles. Schedule of assets to be insured see Annexure 1. Assets of ASTC had been revalued in 2013/14 and will be revalued in 16/17. Overall value of assets to be insured might vary by +/- 5%.

4.1.2 Public & Product Liability:

ASTC is seeking to insure all sums which the insured shall be legally liable to pay to third parties by reason of death or personal injury; or loss or damage to property. It is considered that $20,000,000 general liability on any one occurrence and $20,000,000 products liability on any one occurrence would be adequate for both the Alice Springs Town Council and the Alice Springs Aquatic & Leisure Centre. The ASTC Regional Waste Management Facility operation (RWMF) will require a policy that covers both, Gradual Pollution and Asbestos as well as Sudden and Accidental Pollution. Notification of the amount that ASTC would incur on any one occurrence is required.

4.1.3 Professional indemnity:

ASTC is seeking to insure civil liability arising out of a breach of professional duty in connection with the specified business giving rise to a claim made and notified to the insurer during the period of insurance. The contractor is required to include details of any limits of liability, sub limits of liability or deductibles.

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4.1.4 Motor Vehicles, Plant & Equipment: ASTC is seeking to insure loss or damage to any vehicle or plant & equipment and third party property damage. Coverage is required for full market replacement value. Details of current vehicles and plant & equipment are outlined in Annexure 2. Notification of the amount that ASTC would incur on any one claim is required.

4.1.5 Fidelity Guarantee:

ASTC is seeking to insure direct pecuniary loss of money, negotiable instruments or goods caused by acts of fraud or dishonesty by any employee. It is necessary for the contractor to inform ASTC about limited discovery periods and limits of liability.

4.1.6 Councillors’ and Officers’ Liability ASTC is seeking to insure civil liability arising out of a breach of professional duty in connection with specified business giving rise to a claim made and notified to the insurer during the period of insurance. It is considered that $10,000,000 liability on any one claim would be adequate, but if the insurer thinks this is not adequate then they need to supply Council with the appropriate amount and reason thereto. The contractor is requested to notify ASTC of the amount that the insured would incur on any one occurrence.

4.1.7 Personal Accident:

ASTC requires Personal Accident cover to be provided according to the following 2 parts: Group A shall insure the elected body currently consisting of the Mayor and Eight (8) Councillors and 19 Senior staffs. Group A:

• Accidental Death- Capital Benefits- Full scale $200,000 • Temporary Total Disablement- Accident $1000/week • Temporary Partial Disablement- Accident 50% of TTD/week

If the insurer thinks this is not adequate then they need to supply Council with the appropriate amount and reason thereto. Group B shall insure Partners of those under Group A and Volunteers. The insured levels shall be: Group B

• Accidental Death – Capital Benefits – Full Scale $60,000 • Temporary Total Disablement - Accident $200/week • Temporary Partial Disablement – Accident 50% of TTD/week

If the insurer thinks this is not adequate then they need to supply Council with the appropriate amount and reason thereto.

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4.1.8 Workers Compensation: ASTC requires insurance of Legal liability to employees in accordance with the appropriate Workers compensation Legislation of the Northern Territory. The total staff jobs at Council is 171 as at RFT date, with a percentage split between the inside workforce and outside workforce.

4.2 Items to be insured

Assets listings as per the Council’s assets register as at 30/03/2016 is attached with the tender document.

Please note that the Art Collection is housed partly at Araluen Art Centre and partly at the, Civic Centre.

In addition, the following items need to be covered.

• Depot Stock $110,000 • Library Stock $2,660,000 (including $424,000 worth of Library Special Collection), • Regional Waste Management Facility’s Mulch stock $175,000 ( 3500 Cubic Meter

@ $50/cubic meter, estimated)

Further, assets yet to be capitalised and as such not listed in the Asset Register also need to be covered. See Annexure 3

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Section E – Tender Response Schedules Condition of Tendering The Alice Springs Town Council reserves the right to reject tenders who fail to complete and return this Tender Response Schedule.

Table of Contents

Schedule 1 Tender Form - Formal offer Schedule 2 Tenderers Details Schedule 3 Statement of Compliance to the Conditions of Contract

for Supply of Insurance Services.

Schedule 4 Statement of Compliance to the Insurable Risks

Schedule 5 Cost Submission

Schedule 6 Resource Allocation

Schedule 7 Referees

Schedule 8 Insurance Information/ Legal/Workcover

Schedule 9 Conflict of Interest

Schedule 10 Licences and Accreditations Schedule 11 Value Added Services Schedule 12 Improvements and Innovations

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SECTION E - SCHEDULES Schedule 1

TENDER FORM - FORMAL OFFER

I/We , (the “Tenderer”) on having read, understood and fully informed myself/ourselves/itself of the contents, requirements and obligations of the Request for Tender, do hereby tender to supply of insurance in accordance with the Contract for the amounts set out in the Tender Response Schedules attached.

The Tenderer:

1. is subject to the terms and conditions set out in the Conditions of Contract for

Supply of Insurance Services.

2. irrevocably offers to perform the Services on the terms of the Contract for Supply of Insurance Services and the Scope of Works which form part of the Tender Documents; and

3. holds this offer open and capable of acceptance by the Council for a period of 90 days

from the closing date.

The undersigned, undertakes that if selected as the successful tenderer, I/we/it will execute and be bound by the Contract in accordance with the Conditions of Tendering.

.............................................................Signature of authorised officer ............................................................ Name of authorised officer (print) ............................................................ Position of authorised officer (print) ……………………………………………. Date

.................................................................. Signature of witness

.................................................................. Name of witness (print)

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Schedule 2 TENDERER'S DETAILS 1. Name of Tenderer

State in full the name(s) of the person(s) or the registered name(s) of the company(s) and trading names.

ABN number:

2. Contact Person

Nominate a contact person for this tender to deal with any questions or queries that may arise.

3. Registered Address

4. Postal Address

5. Telephone

6. Fax

7. E-mail 8. Tender Conditions

Tenderer to sign that:

o it has read and understood this RFT and Conditions of Tender specified therein;

o it warrants that all information engrossed in the Tender Response Schedules is correct and accurate; and

o it authorises Council to undertake credit checks on it.

…………………………………………. Signed by [insert name & capacity]

9. Amendments to Tender

Documents

Tenderer to indicate the amendments it requests

10. Details of Licences & Registrations (as applicable)

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Schedule 3

Compliance with the Conditions of Contract for Supply of Insurance Services (Section C)

Tenderers to provide in their submission to the Alice Springs Town Council full compliance with every clause and all their sub-clauses identified in the Conditions of Contract for Supply of Insurance Services.

If tenderers depart from full compliancy in any way to any clause or sub-clauses from the Conditions of Supply of Insurance Services (Section C), then tenderers are to provide to the Alice Springs Town Council the explanation of those departures for Councils consideration.

Full compliance to each clause incorporates full compliance to their sub-clauses (Section C). If tenderers depart from any clause of the Conditions of Contract for Supply of Insurance Services, it will be departing from their sub-clauses.

The following table details all clauses for tenderer’s compliancy.

Clause Number

C = COMPLY D = DEPARTURE P = PARTIALLY A = ALTERNATIVE

EXPLANATION

GENERAL CONDITIONS OF CONTRACT for CONSULTANCY 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20

(attach more information if required)

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Schedule 4

Compliance with the Insurable Risks – Section D

Tenderers to provide in their submission to the Alice Springs Town Council full compliance with every clause and any sub-clauses identified in the Insurable Risk (Section D). The following table details those clauses for tenderer’s compliancy.

If tenderers depart from full compliancy in any way to any clause or sub-clauses from the Insurable Risks (Section D), then tenderers are to provide to the Alice Springs Town Council the explanation of those departures for councils consideration.

Clause

Number C = COMPLY D = DEPARTURE P = PARTIALLY A = ALTERNATIVE

EXPLANATION

4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.1.6

4.1.7

4.1.8

(attach more information if required)

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Schedule 5

Cost Submission

The tenderer shall submit their fixed lump sum cost addressing all components identified in this tender document below:

All cost to be GST exclusive

Class of Insurance Cost Proposal

Total Sum $

The tenderer shall submit their schedule of hourly rates below:

Resources (eg admin, valuer etc.) Hourly Rate $ $ $ $

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Schedule 6 Resource Allocation

1. Key Personnel

Tenderers shall identify the key contact person 2. Project Organisation Structure

Prepare and submit proposed Project Organisation Chart showing communication and reporting interfaces between the Alice Springs Town Council client representative, primary Insurer, staff, other internal and external stakeholders and the secondary Insurers.

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Schedule 7 Referees

Details of at least 3 references for similar works provided to other Local Government Authorities. If no Northern Territory Local Government Authorities are available provide details of interstate Local Government Authorities. Elected members, staff and other Alice Springs Town Council’s representatives should not be sited as referees. Client Name :

Address :

Contact Name : Telephone :

Date of Work : Value of Work :

Work/Project performed:

Client Name :

Address :

Contact Name : Telephone :

Date of Work : Value of Work :

Work/Project performed:

Client Name :

Address :

Contact Name : Telephone :

Date of Work : Value of Work :

Work/Project performed:

(attach more information if required)

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Schedule 8 Insurance Information, Legal/Litigation Information/Work Cover Insurance Information

Tenderers to provide details of Insurance companies and arrangements.

Tenderers must include in their submission all copies of up to date relevant Certificate of Currencies for all insurance policy required and identified in the Conditions of Contract and fill out the table appropriately. (a) Tenderer to provide current insurance details as follows:

Nature of insurance

Name of insurer

Policy number

Extent of cover – per occurrence / claim ($A)

Extent of cover – aggregate ($A)

Policy period

Exclusions Automatic reinstatement period

Deductible ($A)

Public liability (minimum $20M will be required)

Professional Indemnity (minimum$5M will be required)

Legal Litigation

Has the tenderer had any prosecution or legal action taken against them in the past three years.

YES NO

Has the tenderer had any pending prosecution or legal action by or against them in the past three years.

YES NO

If YES, The submission to provide details.

Workcover

It is a requirement for the tenderer to provide details of your organisation’s current Workcover rating or levy and provide to the Alice Springs Town Council a copy of their registration to Workcover.

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Schedule 9 Conflict of Interest Provide details of any interest, relationship or clients which may or do give rise to a conflict of interest and the issue about which that conflict or potential conflict does or may arise.

Parties Affected Nature of Interest/Relationship

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Schedule 10 Licences and Accreditation List details of any licences or accreditations required or relevant to this tender

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Schedule 11 Value Added Services Provide details of any other benefits you can offer to improve the level of service or value of your tender.

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Schedule 12 Improvement and Innovation Provide details of ideas and systems that are proposed for improved management of Council’s insurances.