HomeMy WebLinkAboutResolutions - 2018.09.27 - 23790MISCELLANEOUS RESOLUTION .M8315 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, I A-love the adoption of the foregoing
resolution.
CorrimAsioner PyipMeipert, District #8
Chd4erson, PlaWing and Building Committee
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; Interjurisdictional 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
WRC 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 WRC, 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
INTERJURISDICTIONAL PROPERTY INSURANCE AGREEMENT
THIS 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
Date: 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
VILLAGE OF BINGHAM FARMS
By: Date: - Se-
2
Resolution #18315 September 5, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections,
( itItt'Ib
Ammissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FISCAL NOTE (MISC. #18315) September 27, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance 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:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Resolution authorizes the continuation of an interjurisdictional property insurance agreement
between Oakland County and the Village of Bingham Farms for property insurance coverage
for the Village of Bingham Farm's sewer pump station located at 29055 Brooks Lane.
2. Oakland County is able to obtain property insurance coverage on water and sewer system
assets at a lower cost than the communities could obtain on their own.
3. The Village of Bingham Farms will pay the cost of the insurance, including any premium, self-
insured retention or deductible from the village's system enterprise fund held by the County
L-nnLLLILL LLILL /,i4 ig LI-IL L LAIL-Lir IL-LL
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall absent.
Resolution #18315 September 27, 2018
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
e
1 HEREBY ORME-THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (T
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 27,
2018, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 27th day of September, 2018.
isa Brown, Oakland County