Received: from BCSpam300.westwindsortwp.local (10.11.13.198) by WWTExch2012.Westwindsortwp.local (10.11.13.52) with Microsoft SMTP Server id 14.1.218.12; Thu, 28 Jun 2018 14:03:52 -0400 X-ASG-Debug-ID: 1530209031-0eddee178685550001-OBQS1U Received: from mail.ww-p.org (mail.ww-p.org [204.10.63.8]) by BCSpam300.westwindsortwp.local with ESMTP id DyNJu3ECeSiZJ2By for ; Thu, 28 Jun 2018 14:03:51 -0400 (EDT) X-Barracuda-Envelope-From: David.Aderhold@ww-p.org X-Barracuda-Effective-Source-IP: mail.ww-p.org[204.10.63.8] X-Barracuda-Apparent-Source-IP: 204.10.63.8 X-IronPort-AV: E=Sophos;i="5.51,284,1526356800"; d="scan'208,217";a="142071581" Received: from unknown (HELO WWP-WEbmail.westwindsor.k12.nj.us) ([10.7.75.5]) by mail.ww-p.org with ESMTP; 28 Jun 2018 14:03:49 -0400 Received: from WWP-EXCHANGE3.westwindsor.k12.nj.us ([fe80::8fe:1d7c:3977:8125]) by WWP-WEbmail.westwindsor.k12.nj.us ([fe80::55b5:e4a7:4e77:b6f9%16]) with mapi id 14.03.0389.001; Thu, 28 Jun 2018 14:03:48 -0400 From: "Aderhold, David" To: Marlena Schmid Subject: Re: Followup to the Shared Services Agreement with the Schools Thread-Topic: Followup to the Shared Services Agreement with the Schools X-ASG-Orig-Subj: Re: Followup to the Shared Services Agreement with the Schools Thread-Index: AdQNhHi7SpEbsjF/RTKMITpmJCHvGAA+V785ABdj9pkAC4/MoAAALYrg Date: Thu, 28 Jun 2018 18:03:48 +0000 Message-ID: References: ,<808931D0A18FC74390BADDB58A30CF600349022A88@WWTExch2012.Westwindsortwp.local> ,<42D18407A474984C9809A6A45229A77C03491933AD@WWTExch2012.Westwindsortwp.local> In-Reply-To: <42D18407A474984C9809A6A45229A77C03491933AD@WWTExch2012.Westwindsortwp.local> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: X-MS-TNEF-Correlator: Content-Type: multipart/alternative; boundary="_e2ad5131-9fa6-4eeb-b162-4c3b486b238b_" MIME-Version: 1.0 X-Barracuda-Connect: mail.ww-p.org[204.10.63.8] X-Barracuda-Start-Time: 1530209031 X-Barracuda-URL: https://10.11.13.198:443/cgi-mod/mark.cgi X-Virus-Scanned: by bsmtpd at westwindsortwp.local X-Barracuda-Scan-Msg-Size: 14036 X-Barracuda-BRTS-Status: 1 X-Barracuda-Spam-Score: 0.00 X-Barracuda-Spam-Status: No, SCORE=0.00 using global scores of TAG_LEVEL=1000.0 QUARANTINE_LEVEL=2.5 KILL_LEVEL=4.0 tests=HTML_MESSAGE X-Barracuda-Spam-Report: Code version 3.2, rules version 3.2.3.52527 Rule breakdown below pts rule name description ---- ---------------------- -------------------------------------------------- 0.00 HTML_MESSAGE BODY: HTML included in message Return-Path: David.Aderhold@ww-p.org X-MS-Exchange-Organization-OriginalArrivalTime: 28 Jun 2018 18:03:52.3045 (UTC) X-MS-Exchange-Forest-ArrivalHubServer: WWTExch2012.Westwindsortwp.local X-MS-Exchange-Organization-OriginalClientIPAddress: 10.11.13.198 X-MS-Exchange-Organization-OriginalServerIPAddress: 10.11.13.52 X-MS-Exchange-Organization-AuthSource: WWTExch2012.Westwindsortwp.local X-MS-Exchange-Organization-AuthAs: Anonymous X-MS-Exchange-Organization-MessageDirectionality: Incoming X-MS-Exchange-Organization-Cross-Premises-Headers-Processed: WWTExch2012.Westwindsortwp.local X-MS-Exchange-Organization-OriginalSize: 17505 X-MS-Exchange-Forest-MessageScope: 00000000-0000-0000-0000-000000000000 X-MS-Exchange-Organization-MessageScope: 00000000-0000-0000-0000-000000000000 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 --_e2ad5131-9fa6-4eeb-b162-4c3b486b238b_ Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Can you call my cell? Sent from my iPhone On Jun 28, 2018, at 2:02 PM, Marlena Schmid > wrote: Hi Dave, Here=92s the follow-up question from Council Member Hamilton that I have f= orwarded to our JIF Fund Administrator for a response. As soon as I receiv= e her response, I=92ll 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= =92s email? Can you modify the indemnification language to reflect exclusi= ons 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 employ= ee 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 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=92s coverage documents would provide for indemnifica= tion of liability assumed via a mutual aid agreement (including indemnifica= tion for defense costs). This coverage is pursuant to the terms, conditions= , limitations, and exclusions of the JIF Casualty Insurance Policy. Costs o= utside of the coverage documents would not be provided through the Fund. T= he 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 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 =93one pocket=94, my concern = is that our tax payers are paying the claim sought for indemnification thro= ugh the school taxes and then again through the township taxes when the Tow= n indemnifies the school. When we are looking at the =93same pocket=94 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 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. =AD=AD --_e2ad5131-9fa6-4eeb-b162-4c3b486b238b_ Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Can you call my cell?

Sent from my iPhone

On Jun 28, 2018, at 2:02 PM, Marlena Schmid <mschmid@westwindsortwp.com> wrote:

Hi Dave,

 <= /p>

Here=92s the follow-up qu= estion  from Council Member Hamilton that I have forwarded to our JIF = Fund Administrator for a response.  As soon as I receive her response, I=92ll 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=92s email?  Can you modify the i= ndemnification 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=92s coverage documents would provide for indemnifica= tion of liability assumed via a mutual aid agreement (including indemnifica= tion 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 =93one pocket=94, my concern = is that our tax payers are paying the claim sought for indemnification thro= ugh the school taxes and then again through the township taxes when the Tow= n indemnifies the school.  When we are looking at the =93same pocket=94 of funds, i.e. the tax payer, then the in= demnification clause means that they are essentially paying on the same cla= im 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.


  =AD=AD  
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