Received: from WWTExch2012.Westwindsortwp.local ([::1]) by WWTExch2012.Westwindsortwp.local ([::1]) with mapi id 14.01.0218.012; Thu, 28 Jun 2018 14:01:31 -0400 From: To: Subject: FW: Followup to the Shared Services Agreement with the Schools Thread-Topic: Followup to the Shared Services Agreement with the Schools Thread-Index: AdQNhHi779WZaTadTNm8burHBMcCEgA+V785ABdj9pkAC4/MoA== Date: Thu, 28 Jun 2018 18:01:30 +0000 Message-ID: <42D18407A474984C9809A6A45229A77C03491933AD@WWTExch2012.Westwindsortwp.local> References: ,<808931D0A18FC74390BADDB58A30CF600349022A88@WWTExch2012.Westwindsortwp.local> In-Reply-To: Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Internal X-MS-Exchange-Organization-AuthMechanism: 04 X-MS-Exchange-Organization-AuthSource: WWTExch2012.Westwindsortwp.local X-MS-Has-Attach: X-MS-Exchange-Organization-SCL: -1 X-MS-TNEF-Correlator: x-ms-exchange-organization-originalsize: 13232 x-ms-exchange-organization-originalarrivaltime: 28 Jun 2018 18:01:30.6803 (UTC) x-ms-exchange-organization-messagesource: StoreDriver x-ms-exchange-organization-messagedirectionality: Originating x-ms-exchange-forest-messagescope: 00000000-0000-0000-0000-000000000000 x-ms-exchange-organization-messagescope: 00000000-0000-0000-0000-000000000000 X-MS-Exchange-Organization-BCC: x-ms-exchange-organization-originalclientipaddress: 10.11.13.69 x-originating-ip: [10.11.13.69] x-ms-exchange-organization-originalserveripaddress: ::1 x-ms-exchange-organization-messagelatency: SRV=WWTExch2012.Westwindsortwp.local:TOTAL=0 x-ms-exchange-organization-hygienepolicy: Standard x-ms-exchange-organization-recipient-limit-verified: True x-ms-exchange-forest-rulesexecuted: WWTExch2012 x-ms-exchange-organization-rules-execution-history: OPRA Disclaimer Footer%%%Spam Content-Type: multipart/alternative; boundary="_000_42D18407A474984C9809A6A45229A77C03491933ADWWTExch2012We_" MIME-Version: 1.0 --_000_42D18407A474984C9809A6A45229A77C03491933ADWWTExch2012We_ Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable Hi Dave, Here's the follow-up question from Council Member Hamilton that I have for= warded to our JIF Fund Administrator for a response. As soon as I receive = her response, I'll forward same to you. Thanks, Marlena From: Ayesha Hamilton Sent: Thursday, June 28, 2018 8:28 AM To: Hemant Marathe Cc: MAYOR'SOFFICE; Marlena Schmid; Council; Gay Huber Subject: Re: Followup to the Shared Services Agreement with the Schools Thank you. What are the limitations and exclusions referenced in Barbara's= email? Can you modify the indemnification language to reflect exclusions = for anything not covered by the JIF policy. That way the tax payers are not= being hit for the same bill twice, once when the School Board pays the cla= im and another time when we indemnify the SB for the acts of our employee t= hat are outside the coverage limits. Ayesha K Hamilton Councilwoman, West Windsor Township Tel. (215)738-0222 The information contained in this email may be confidential and/or legally = privileged. It has been sent for the sole use of the intended recipient(s)= . If the reader of this message is not the intended recipient, you are her= eby notified that the unauthorized review, use, disclosure, dissemination, = distribution or copying of this communication, or any of its contents, is s= trictly prohibited. If you have received this communication in error, plea= se reply to the sender and destroy it immediately. Please consider the env= ironment before printing this email. Thank you. On Jun 27, 2018, at 9:19 PM, Hemant Marathe > wrote: Ayesha, Below is the answer to your question about legal ramifications of the agree= ment. Please let me know if this answers your question or you need further = clarification/explanation? Thanks Hemant From: Barbara Murphy [mailto:BMurphy@rlminc.org] Sent: Wednesday, June 27, 2018 1:50 PM To: Marlena Schmid Subject: Follow up to the Shared Services Agreement with the Schools Marlena, With respects to the insurance and indemnification language contained in th= is agreement, the Fund's coverage documents would provide for indemnificati= on of liability assumed via a mutual aid agreement (including indemnificati= on for defense costs). This coverage is pursuant to the terms, conditions, = limitations, and exclusions of the JIF Casualty Insurance Policy. Costs out= side of the coverage documents would not be provided through the Fund. The= Title 59 (Tort Claims Act) protections and limitations would be afforded i= n the same manner regardless of the liability assumed in any agreement. The intention of the cross-indemnification language in the agreement is to = have each party obligate itself to compensate the other party for harm or l= oss to avoid having both parties paying the same claim twice. Regards, Barbara ________________________________________ From: Ayesha Hamilton Sent: Tuesday, June 26, 2018 3:37 PM To: MAYOR'SOFFICE; Marlena Schmid; Council; Gay Huber Cc: Ayesha Hamilton Subject: Followup to the Shared Services Agreement with the Schools All: I would like written confirmation from the Mayor and/or Marlena that the JI= F is comfortable with the indemnity language contained in the Shared Servic= es Agreement and that they will not disclaim coverage if indemnity is sough= t. If indemnification is outside the coverage limits, please confirm for m= e what source will be used to cover the indemnification. The reason this is a concern is because there may be protections and limita= tions to suit provided by the NJ Tort Claims Act which may be affected by y= our indemnification language. Further, since we are thinking of this all as "one pocket", my concern is t= hat our tax payers are paying the claim sought for indemnification through = the school taxes and then again through the township taxes when the Town in= demnifies the school. When we are looking at the "same pocket" of funds, i= .e. the tax payer, then the indemnification clause means that they are esse= ntially paying on the same claim twice. Thank you. I look forward to your prompt response. Very truly yours, Ayesha Krishnan Hamilton Council Member West Windsor Township 271 Clarksville Road West Windsor, New Jersey 08550 Phone: (609) 945-7310 Ahamilton@westwindsortwp.com Please be advised that the Township of West Windsor is subject to the New J= ersey Open Public Records Act (OPRA). As such, any email sent or received = by the Township may be subject to a records request and public disclosure. = Please destroy this email if it has been sent to you in error. Please be advised that the Township of West Windsor is subject to the New J= ersey Open Public Records Act. As such, any email sent or received by the T= ownship may be subject to a records request. --_000_42D18407A474984C9809A6A45229A77C03491933ADWWTExch2012We_ Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

Hi Dave,

 <= /p>

Here’s the follow-u= p question  from Council Member Hamilton that I have forwarded to our = JIF Fund Administrator for a response.  As soon as I receive her respo= nse, I’ll forward same to you.

 <= /p>

Thanks,=

Marlena=

 <= /p>

From: Ayesha= Hamilton
Sent: Thursday, June 28, 2018 8:28 AM
To: Hemant Marathe
Cc: MAYOR'SOFFICE; Marlena Schmid; Council; Gay Huber
Subject: Re: Followup to the Shared Services Agreement with the Scho= ols

 

Thank you.  What are the limitations= and exclusions referenced in Barbara’s email?  Can you modify t= he indemnification language to reflect exclusions for anything not covered by the JIF policy. That way the tax payers are not be= ing hit for the same bill twice, once when the School Board pays the claim = and another time when we indemnify the SB for the acts of our employee that= are outside the coverage limits. 

Ayesha K Hamilton

Councilwoman, West Windsor Township

Tel. (215)738-0222

 

The information contained in this email may be co= nfidential and/or legally privileged.  It has been sent for the sole u= se of the intended recipient(s).  If the reader of this message is not= the intended recipient, you are hereby notified that the unauthorized review, use, disclosure, dissemination, distribution= or copying of this communication, or any of its contents, is strictly proh= ibited.  If you have received this communication in error, please repl= y to the sender and destroy it immediately.  Please consider the environment before printing this email. Thank yo= u.


On Jun 27, 2018, at 9:19 PM, Hemant Marathe <hmarathe@WestWindsorTwp.com> wrote:

Ayesha,

Below is the answer to your question about legal ramifications of the agree= ment. Please let me know if this answers your question or you need further = clarification/explanation?

Thanks

Hemant


From: Barbara Murphy [mailto:BMurphy@= rlminc.org]
Sent: Wednesday, June 27, 2018 1:50 PM
To: Marlena Schmid
Subject: Follow up to the Shared Services Agreement with the Schools

Marlena,

With respects to the insurance and indemnification language contained in th= is agreement, the Fund’s coverage documents would provide for indemni= fication of liability assumed via a mutual aid agreement (including indemni= fication for defense costs). This coverage is pursuant to the terms, conditions, limitations, and exclusions of the J= IF Casualty Insurance Policy. Costs outside of the coverage documents would= not be provided through the Fund.  The Title 59 (Tort Claims Act) pro= tections and limitations would be afforded in the same manner regardless of the liability assumed in any agreement. <= br>
The intention of the cross-indemnification language in the agreement is to = have each party obligate itself to compensate the other party for harm or l= oss to avoid having both parties paying the same claim twice.

Regards,

Barbara



________________________________________
From: Ayesha Hamilton
Sent: Tuesday, June 26, 2018 3:37 PM
To: MAYOR'SOFFICE; Marlena Schmid; Council; Gay Huber
Cc: Ayesha Hamilton
Subject: Followup to the Shared Services Agreement with the Schools

All:

I would like written confirmation from the Mayor and/or Marlena that the JI= F is comfortable with the indemnity language contained in the Shared Servic= es Agreement and that they will not disclaim coverage if indemnity is sough= t.  If indemnification is outside the coverage limits, please confirm for me what source will be used to cov= er the indemnification.

The reason this is a concern is because there may be protections and limita= tions to suit provided by the NJ Tort Claims Act which may be affected by y= our indemnification language.

Further, since we are thinking of this all as “one pocket”, my = concern is that our tax payers are paying the claim sought for indemnificat= ion through the school taxes and then again through the township taxes when= the Town indemnifies the school.  When we are looking at the “same pocket” of funds, i.e. the tax payer, the= n the indemnification clause means that they are essentially paying on the = same claim twice.

Thank you.  I look forward to your prompt response.

Very truly yours,

Ayesha Krishnan Hamilton
Council Member
West Windsor Township
271 Clarksville Road
West Windsor, New Jersey 08550
Phone:  (609) 945-7310
Ahamilton@westwindsortwp.co= m
Please be advised that the Township of West Windsor is subject to the New J= ersey Open Public Records Act (OPRA).  As such, any email sent or rece= ived by the Township may be subject to a records request and public disclos= ure.  Please destroy this email if it has been sent to you in error.

Please be advised that the Township of West Windsor is subject to the New J= ersey Open Public Records Act. As such, any email sent or received by the T= ownship may be subject to a records request.

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