FYI From: Ayesha Hamilton Sent: Friday, June 29, 2018 11:15 AM To: Hemant Marathe Cc: MAYOR'SOFFICE; Marlena Schmid; Council; Gay Huber Subject: Re: Followup to the Shared Services Agreement with the Schools I purposely held my questions because I am not the Township attorney and hence have no role in defining the language of the agreement. I held my questions because the right time for a council person to ask them is in public and at the meeting when the discussion is being held. I have sensed that you are holding back on attorney fee time because you have me on Council. However, since I do not represent the Township as an attorney, my role is to advocate for the tax payers and residents who need to hear the dialogue and understand the issues. Your continued attacks on FB will not deter me from asking these questions of you and your administration. Thank you. 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 hereby notified that the unauthorized review, use, disclosure, dissemination, distribution or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy it immediately. Please consider the environment before printing this email. Thank you. On Jun 29, 2018, at 9:45 AM, Hemant Marathe > wrote: Ayesha, We will get you answers to the new question(s) as best as we can. We will do our best to get answers to any follow up questions as well. At this point changes to the agreement are difficult because the school board has already voted on it and Plainsboro has indicated they will approve it as written. I had forwarded two versions of the agreement to the council for comments and didn't receive any comment. At that time it was appropriate to have this discussion. Thanks Hemant ________________________________________ From: Ayesha Hamilton Sent: Thursday, June 28, 2018 8:27 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 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 hereby notified that the unauthorized review, use, disclosure, dissemination, distribution or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy it immediately. Please consider the environment 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 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.