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HomeMy WebLinkAboutResolutions - 2018.09.05 - 23770eipert, District #8 ing and Building Committee MISCELLANEOUS RESOLUTION .1118315 . September 5, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: WATER RESOURCES COMMISSIONER — INTERJURISDICTIONAL PROPERTY INSURANCE AGREEMENT WITH THE VILLAGE OF BINGHAM FARMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Village of Bingham Farms owns a sanitary sewer system which is operated and maintained by Oakland County through the office of the Water Resources Commissioner pursuant to an operations and maintenance agreement; and WHEREAS as part of the Village of Bingham Farms' sanitary sewer system, the Village owns a sewer pump station located at 29055 Brooks Lane for which Oakland County currently obtains property insurance coverage on a non-profit basis paid for by the Village's system revenue; and WHEREAS the Village of Bingham Farms desires to continue the property insurance coverage obtained by Oakland County for the benefit of the Village; and WHEREAS the Village of Bingham Farms executed the Interjurisdictional Property Insurance Agreement on July 11,2018. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby agrees that Oakland County will continue to obtain property insurance coverage for the Village of Bingham Farms' sewer pump station on a non-profit basis and charge the cost to the Village's sanitary sewer system enterprise fund. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or designee to execute the Interjurisdictional Property Insurance Agreement with the Village of Bingham Farms. Chairperson, on behalf of the Planning and Building Committee, !move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. Form DC-001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Commissioner Philip J. Weipert, Chairperson Planning and Building Committee, Board of Commissioners FROM: Kelsey Cooke, WRC Senior Attorney SUBJECT: Village of Bingham Farms; lnterjurisdictional Property Insurance Agreement DATE; August 28, 2018 Working with Oakland County Risk Management and Corporation Counsel, the Water Resources Commissioner conducted a review of property insurance coverage for water and sewer systems that the WRC operates and maintains by contract with certain communities. One of the services that the VVRC provides to the communities is facilitation of payment of property insurance premiums from enterprise funds managed by Oakland County's Fiscal Services for the benefit of the communities served by the WRC. These property insurance premiums are paid pursuant to an Oakland County property insurance coverage policy administered through Risk Management. Given the large number of assets included in the program, the county is able to obtain property insurance coverage at a lower cost for these communities' water and sewer system assets than the community would be able to obtain on their own. The Village of Bingham Farms, whose water and sewer systems are operated by the VVRC, desires to have the county continue to obtain property insurance coverage for its sewer system pump station located at 29055 Brooks Lane. The Village will pay the related premium from its enterprise fund held by the county. In order to continue this coverage, on July 11, 2018, Bingham Farms signed an interjurisdictional property insurance agreement specifying that it will be responsible for all costs of insurance while consenting to the county obtaining this coverage. Any premium, self-insured retention or deductible will be charged as a system cost to Bingham Farms' enterprise fund held by the county on behalf of the Village. Requested Committee Action: Recommend adoption of the attached Resolution to the Board of Commissioners. Contact: Kelsey Cooke cookek@oakgov.com 248-452-2013 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11/05/08 INTERJUR1SDICTIONAL PROPERTY INSURANCE AGREEMENT TI-US AGREEMENT is made and entered into as of the day of 2018, by and between the COUNTY OF OAKLAND, a Michigan constitutional corporation ("County"), whose address is 1200 N. Telegraph, Pontiac, Michigan, 48341 and the Village of Bingham Farms, a Michigan municipal corporation, whose address' is 24255 Thirteen Mile Road, Suite 190, Bingham Farms, Michigan 48025 ("Village"). In this Agreement, either the County and/or the Village may also be referred to individually as a 'Party" or jointly as "Parties." WHEREAS, the Village owns a sewer system which is known as the Bingham Farms Sanitary Sewer System as it may be expanded or altered from time to time (the "System"), and which is operated and maintained by the County pursuant to an ancillary operation and maintenance agreement between the Parties; and, WHEREAS, the Village owns a sewer system pump station located at 29055 Brooks Lane, (the "Property"); and, WHEREAS, the Village desires to engage the County to obtain insurance for the listed Property on behalf of the Village on a non-profit basis and in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Village mutually agree as follows: 1. In lieu of the Village purchasing real and personal property insurance for its Property, if commercially available to the County and subject to the availability of funds necessary for the County to operate and maintain the System, the County, on behalf of the Village, may purchase and maintain real and personal property insurance for the listed Property. 2. The County shall obtain real and personal property insurance with limits that the Village in its discretion, deems necessary and appropriate for the Village's Property. 3. The cost of insurance, including any premium, self-insured retention or deductible, shall be charged as a cost to the Village's System enterprise fund held by the County on behalf of the Village. [signatures on following page] 1 VILLAGE OF BINGHAM FARMS By: 7/7 By: IN WITNESS WHEREOF, this Interjurisdictional Property Insurance Agreement is effective once executed by both Parties and that date shall be set forth in the opening paragraph of this Agreement. COUNTY OF OAKLAND By: Date: Michael J. Gingell, Chairperson Oakland County Board of Commissioners Date: Date: -2 - 2 Resolution #18315 September 5, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections.