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HomeMy WebLinkAboutResolutions - 2018.10.10 - 23814MISCELLANEOUS RESOLUTION 08330 September 27, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: WATER RESOURCES COMMISSIONER —1NTERJURISDICTIONAL PROPERTY INSURANCE AGREEMENT WITH THE VILLAGE OF LAKE ORION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Village of Lake Orion 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 Lake Orion's sanitary sewer system, the Village owns 16 sanitary sewer lift stations 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 Lake Orion desires to continue the property insurance coverage obtained by Oakland County for the benefit of the Village; and WHEREAS the Village of Lake Orion executed the interjurisdictional Property Insurance Agreement on August 15, 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 Lake Orion's sanitary sewer lift stations 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 Lake Orion. Chairperson, on behalf of the Planning and Building mmittee, I move the adoption of the foregoing resolution. ponnmissioner Philip Weipert, District #8 Chairperson, Planning and Building Committee PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Tietz absent. 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 Lake Orion; lnterjurisdictional Property Insurance Agreement DATE: September 18, 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 Lake Orion, whose sanitary sewer system is operated by the WRC, desires to have the County continue to obtain property insurance coverage for its 16 sewer lift stations located throughout the Village. The Village will pay the related premium from its enterprise fund held by the County. In order to continue this coverage, on August 15, 2018, the Village 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 Lake Orion's 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.corn 248-452-2013 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 1 Rev.: 11105108 1NTERJURIS0ICTIONAL 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 Lake Orion, a Michigan municipal corporation, whose address is 21 East Church Street Lake Orion, Michigan, 48362 ("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 Lake Orion 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 sixteen sewer lift stations described as follows: • LO-10 (Oaklane) 381 Oaklane • LO-01 (Lookout Lane) 220 Lookout Lane • LO-02 (O'Connor) 229 O'Conner LO-03 (Brittain Drive) 188 Erlitain Drive • LO-04 (Bellevue) 393 Bellevue South • LO-05 (West Pointe No.1) 591 West Pointe • LO-06 (West Pointe No, 2) 567 West Pointe • LO-07 (Bellevue/Buena Vista) 105 Buena Vista • LO-08 (Bellevue/Long Pointe) 50 Bellevue South • LO-09 (Victoria Island) 7 Victoria Island • LO-11 (Barron) 539 Barron • LO-12 (Bridge Street) 670 Central Drive 1 6 LO-13 (Peninsular) 319 Peninsular • LO-14 (Central No.1) 736 Central Drive • LO-15 (Central No. 2) 697 Central Drive • LO-16 (Central No.3) 737 Central Drive (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 arid 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, it commercially available to the County and subject to the availability of funds necessary for the County to operate and maintain the System, the County, en 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. IN WITNESS WHEREOF, this Agreement is executed by the Parties on the date hereafter set forth in the opening paragraph of this Agreement, (signatures on following page] 2 g-- i)54.7,0,,,:;4 40416,446s4e- By: COUNTY OF OAKLAND By: Michael J. Gingell, Chairperson Oakland County Board of Commissioners Village of Lake Orlon By: e # $11/ /1/1/ e thedeA el 44,z-il e aafek 441Fmcw 4r bkino2s05:1 Village of Lake Orion F5 iltS9 Village of Lake Orion County of Oakland State of Michigan RESOLUTION #2018-032 A RESOLUTION TO EXECUTE THE INTERJURISDICTIONAL PROPERTY INSURANCE AGREEMENT BETWEEN THE VILLAGE OF LAKE ORION AND THE COUNTY OF OAKLAND Motion by President Pro Tern Bradley Nlathisen, Seconded by Council Member David Churchill: WHEREAS, at a regular meeting of the Village of Lake Orion, Village Council, on July 23, 2018 at 7:30 p.m. at the Village Hall, 21 East Church Street Lake, Michigan, Oakland County; and WHEREAS, the Village Council voted and approved the interjurisdictional Property Insurance Agreement between the Village of Lake Orion and the County of Oakland; and, \NOW THEREFORE BE iT RESOLVED, that the Village Council hereby authorizes and grants binding authority to the Village Manager to execute the approved Interjurisdictional Property Insurance Agreement between the Village of Lake Orion and the County of Oakland on behalf of the Village of Lake Orion; BE IT FURTHER RESOLVED, that an executed copy of said resolution by the Village Clerk shall be forwarded to the Oakland County Water Resources Commissioner, located at One Public Works Drive, Waterford, Michigan 48328 to the attention of the Senior Attorney, YEAS: Van Portfliet, Mathisen, Churchill, Hobbs, Ranville NAYS: 0 ABSENT: 0 VACANCY; 2 RESOLUTION DECLARED ADOPTED Adapted at the Lake Orion Regular Village Council Meeting held on Monday, August 13, 2028. Susalf Galeczka, CMC Village of Lake Orion ,prA G4ftagaza r Village of Lake Orion S1 " 1P59 CERTIFICATION I, Susan C. Galeczka, duly appointed Clerk of the Village of Lake Orion, Oakland County, Michigan, do hereby certify that the foregoing is a true and correct copy of Resolution 2018-032 adopted by the Village Council of Lake Orion Village at its regular Council Meeting of Monday, August 13, 2018 at 720 PM, held at the Village of Lake Orion Village Hall, 21 E. Church Street, Lake Orion, Michigan. Given under my hand and seal of the Village of Lake Orion, Oakland County, Michigan this 10 day of August 2018. Resolution #18330 September 27, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #18330) October 10, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: WATER RESOURCES COMMISSIONER — INTERJURISDICTIONAL PROPERTY INSURANCE AGREEMENT WITH THE VILLAGE OF LAKE ORION 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 Lake Orion for property insurance coverage on the Village of Lake Orion's 16 sanitary sewer lift stations located throughout the Village. 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 Lake Orion will pay the cost of the insurance, including any premium, self- insured retention or deductible from the Village's sanitary sewer system enterprise fund held by the County on behalf of the Villa"..ofill.e Orion. • 4. A budget amendment is not required. Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #18330 October 10, 2018 Moved by Berman supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) 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 October 10, 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 10th day of October, 2018. AL-c% Lisa Brown, Oakland County