Hi Dave,

Here’s the follow-up question  from Council Member Hamilton that I have forwarded 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 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

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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 agreement. 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 this agreement, the Fund’s coverage documents would provide for indemnification of liability assumed via a mutual aid agreement (including indemnification for defense costs). This coverage is pursuant to the terms, conditions, limitations, and exclusions of the JIF Casualty Insurance Policy. Costs outside of the coverage documents would not be provided through the Fund.  The Title 59 (Tort Claims Act) protections and limitations would be afforded in 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 loss 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 JIF is comfortable with the indemnity language contained in the Shared Services Agreement and that they will not disclaim coverage if indemnity is sought.  If indemnification is outside the coverage limits, please confirm for me what source will be used to cover the indemnification.

The reason this is a concern is because there may be protections and limitations to suit provided by the NJ Tort Claims Act which may be affected by your 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 indemnification 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, then 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.com
Please be advised that the Township of West Windsor is subject to the New Jersey 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 Jersey Open Public Records Act. As such, any email sent or received by the Township may be subject to a records request.