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10. Resolution 5179 - Goodwill Policy - Sewer & Wateric y City of i* spell PublWorks Pow Offi Box 1 -- ��� Post ��e o �97, Kalispell, Montana 5��30�µ���7 Telephone (406)758-7720, Fax (406)758w783 1. REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Water/Sewer Utility Goodwill Policy MEETING DATE: February 5, 2007 BACKGROUND: Every so often there is a blockage in one of the City sewer mains. In most cases the blockage is quickly cleared by City maintenance crews and there is no lingering problem. However, there are tunes when maintenance crews are unable to clear the block in time to prevent sewage from backing up in the main and into a house or business. On less frequent occasions a City water line problem might cause similar flooding into a basement or crawl space. Water and sewer backups do not happen often, but when they do it can be a serious problem for the customer. The City's sewer and water systems are very well maintained. As a result, claims by customers for damage reimbursement or cleaning costs are routinely denied by the City's insurance carrier, M1ViIA. No policy mechanism currently exists for the City to deal with these situations in any other way. Several months ago, the City Council directed the Public works Department to research options for addressing the issue of losses to City utility customers due to problems with the City's main lines. This research reviewed the approaches taken by other Montana Cities and was reviewed with City Council at the December 11, 2006 worm session. Five Montana cities have a policy to provide for partial reimbursement of cleaning/damage costs when caused by a problem with a City -owned utility line. The City's insurance carrier, MIVIIA, has encouraged the City to develop a similar policy. Based on this, staff was directed to further develop the draft into a proposed Utility Goodwill Policy. The proposed Utility Goodwill Policy along with the background data from the work session is attached for further Council discussion. ACTION REQUESTED: AT CITY COUNCIL MEETING OF FEBRUARY 5, 2007, ADOPT A UTILITY GOODWILL POLICY FOR. THE CITY OF KALISPELL, Fenruary 5, 2007 Water -Sewer Goodwill Policy.doc FISCAL EFFECTS; Potential expenditure of funds totaling $15,000 per year from the Sewer Fund and $7,500 per year from the water fund. ALTERNATIVES. As suggested by the City Council Respectfully submitted, James C. Hansz, P.E. James H. Patrick Director of Public Works 1 Cit E ineer City Manager Attachments: Recommended Goodwill Policy Information from December 11 work session Fenruary 5, 2007 Water -Sewer Goodwill Policy.doc RESOLUTION NO.5179 A RESOLUTION TO ADOPT A UTILITY GOODWILL POLICY FOR THE CITY OF KALISPELL TO PROVIDE FINANCIAL ASSISTANCE FOR THOSE CITY RESIDENTS WHO EXPERIENCE DAMAGE TO THEIR HOMES AS A RESULT OF A BLOCKAGE IN THE CITY SEWER MAIN OR A BREAK IN THE CITY WATER LINE THROUGH NO NEGLIGENCE OF THE CITY OR THE DAMAGED RESIDENT. WHEREAS, from time to time residents of the City of Kalispell experience damage to their homes as a result of a blockage in the City sewer main or a break in the City water line although the cause of the blockage or breakage is not due to any fault or negligence on the part of the City or of the damaged resident; and WHEREAS, when a City residence is damaged in this way, without any fault or negligence on the part of the City, any claim made by the damaged resident against the City will be denied by the City's insurance carrier because the City's insurance contract does not provide coverage for such losses; and WHEREAS, the City Council has determined and it now finds that it should adopt a policy to provide some financial assistance in certain situations in which residents experience losses as a result of a blockage in the City sewer main or a break in the City water line through no fault or negligence on the part of the City or the damaged resident. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The Kalispell City Council hereby adopts the following WaterlWastewater Damage Claim Review Committee Policy and Guidelines: 1) The Committee shall meet on an as needed basis and consists of the following three members: Public Works Director Public Works Water Resource Manager Finance Director 2} All claims shall first be submitted to the City's insurance carrier and appropriate third party insurance carriers. The Committee shall consider the claim after the City's insurance carrier and any homeowner's carrier has responded and declined coverage. 3) The claimant must submit original receipts and/or cost estimates for cleanup or repair work. If the claimant chooses to perform cleanup and claim personal labor and materials costs, the claimant must provide a written estimate from a cleaning company as to the work hours and costs to complete the job. Non -eligible expenses include: inconvenience, lost wages, lost business revenues, lost business profits, or similar items. 4) The Committee shall review claims on a case -by -case basis and compensation shall be considered in light of the facts surrounding that particular incident. Claims will not be paid in cases of clear liability on a third party or "Acts of God" such as extreme weather, earthquakes, etc. 5) The Committee may authorize payments up to $5,000 per claim and will make recommendations to the City Manager regarding larger requests. 6) The City Manager may authorize payments over $5,000 per claim. 7) The claimant shall sign a form waiving related claims or actions against the City as a condition of payment. 8) Program is funded annually as follows: • $1500 — Sanitary Sewer Fund Budget • $ 7,500 --- water Fund Budget SECTION II. The above stated policy shall become effective July 1, 2007. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5" DAY OF FEBRUARY 2007. Pamela B. Kennedy Mayor ATTEST. - Theresa White City Clerk CI*ty Kalispell . ........ i . ......... .. .. w% tsar=% r Past Office fox 97Kalispell, Montana 59903-1997 Telephone 4a 5 7 P � P � �7 $-7 ��, Fax ( �f �7�� 783 l MEMORANDUM Date: January 17, 2007 To: Jim Hansz, Public Works Director From: Terri Loudermilk, Budget Resource Manager Re: Water/Sewer Goodwill Palley Following the Water/Sewer Goodwill Policy work session and direction given by the City Council I have put together a policy and Guidelines for the City of Kalispell, and a Release Farm for the Council to review. The attached policy and release form has been reviewed by Public Works staff and the City Attorney. During the review process City staff was in agreement that Kalispell's policy should be kept simple and concise. Water Sewer Goodwill Policy MemoIdoc WATER/WASTEWATER DAMAGE CLAIM REVIEW COMMMITTEE POLIO" & GUIDELINES 1) The Committee shall meet on an as needed basis and consists of the following three members: Public Works Director Public Works Water Resource Manager Finance Director 2) All claims shall first be submitted to the City's insurance carrier and appropriate third party insurance carriers. The Committee shall consider the claim after the City's insurance carrier and any homeowner's carrier has responded and declined coverage. The claimant must submit original receipts and/or cast estimates for cleanup or repair work.. If the claimant chooses to perform cleanup and claim personal labor and materials costs, the claimant must provide a written estimate from a cleaning company as to the work hours and costs to complete the job. Ikon -eligible expenses include: inconvenience, lost wages, lost business revenues, lost business profits, or similar items. 4) The Committee shall review claims on a case -by -case basis and compensation shall be considered in light of the facts surrounding that particular incident. Claims will not be paid in cases of clear liability on a third party or `Acts of Cod" such as extreme weather, earthquakes, etc. 5) The Committee may authorize payments up to $5,000 per claim and will make recommendations to the City Manager regarding larger requests. 6) The City Manager may authorize payments over $5,000 per claim. 7) The claimant shall sign a form waiving related claims or actions against the City as a condition of payment. $) Program is funded annually as follows: $15,000 — Sanitary Severer Fund Budget $ 7,500 — Water Fund Budget I/we, WAIVER AND RELEASE OF ALL CLAIMS TO RECEIVE VOLUNTARY GOODWILL POLICY PAYMENT FOR WATERIWASTEWATER DAMAGE Name(s) Address KalisP2,11 MT 5990_ � , in order to participate in and receive some City voluntary goodwill policy money to assist with cleaning and/or repairs involving the city sanitary sewer system and a sanitary sewer backup and/or city water main and a water main break at , Kalispell, Montana, on Address of sanitary sewer backupland or water main break Date of backuplbreak do hereby for ourselves and our heirs, executors, administrators, successors and assigns in exchange for receiving a City voluntary goodwill policy payment of $ _. _ . do hereby Amount in exchange for receipt of this money, release, acquit and forever discharge the City of Kalispell and its agents, officers and employees from all manner of legal actions, claims, cause of action, demands, rights, damages, costs, etc., in law or equity, which we may have now or in the future, against said City of Kalispell and their agents, officers and employees by reason of the sanitary sewer backup and/or water main break identified herein including the processing of this voluntary goodwill policy claim. We further state that we understand that the City of Kalispell does not consider itself negligent in this matter, but that pursuant to the City of Kalispell's voluntary goodwill policy for assisting individuals in my/our circumstances who have experienced sanitary sewer main backup and/or water main break damage, the City is voluntarily offering to assist me/ us with this payment. The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned, that this Release is voluntarily made and that the terms of this Release are contractually binding. SIGNED this day of State of Montana } }ss. County of Flathead .200 This instrument was acknowledged before me on this day of , 20 0, by (NGTARiAL SEAL) Notary Public for the State of Montana Residing at: My commission expires: aCity of K T '4 M r ..... ...... ...... .' s^exn:::^.':ems;:.•-<. T„�:,:r:::-:t:'c=:,:;:%:..,;:: ;::..:r-:=.::...:.:. ;��. ry '1 Post Office Box 997 Kalispell, Montana 59 0 1997 Tete hon 406 7 e 58 77�0 fax 406 755-78 P � P � MEMORANDUM Date. November 27, 2006 To: Jim Ha.nsz, Public Works Director From: Terri Loudermilk, Budget Resource Manager Re: Water/Sewer Goodwill Policy In response to the City Council's question as to whether or not other Montana communities offer compensation to residents or businesses that have experienced property damage caused from a City water or sewer main incident, I researched and assembled the following information. Current City Poiic Whenever a home owner or business experiences property damage due to a sewer main backup or water main break., the affected party submits a claim to the City's insurance carrier (MMIA). MMIA conducts an investigation of the incident. If the incident was caused by an Act of God, such as extreme weather, or by a third party, such as a contractor damaging the City" s main, the City is generally found not liable and the claim is denied. Also, because the City has a well - documented utility maintenance program in place the claim will most likely be denied. In all recent cases this has been MMIA's decision. There are approximately 2 to 5 cases each year and most are related to sewer back-ups. Homeowner's Insurance Water and sewer backups are excluded on standard homeowner's policies. An endorsement must be separately purchased that covers water and sewer backups. Most policies and endorsements are subjected to a $1,000 deductible. Most homeowners are not aware that they are not covered for these types of incidents. In order to be covered they must purchase an additional endorsement. A local insurance company stated that adding a Water and Sewer backup endorsement with a $1,000 deductible adds approximately $60.00 to a standard policy. It is an endorsement they automatically apply to any policy they write. The company I spoke with did not know if other insurance companies followed the same procedure. Other Montana Cities The City of whitefish recently adopted a Goodwill Policy that recommends a maximum of $5,000 per claim and anticipates 2 to 4 claims per year. The City Manager may authorize payments over $5,000. Annual funding comes from the Water & Wastewater Fund. All claims are initially sent to MMIA for payment or denial of payment. A committee consisting of the Public works Director, Public Works Utility Supervisor, and Finance Director review claims Water SeNver Goodwill 'Policy MemoIdoc following the City's established policy guidelines. Whitefish's policy guidelines state that compensation may be denied or limited, particularly in cases involving third party liability or "Acts of God". The claimant must sign a waiver releasing the City from any further claim or action. If the damage is only for cleaning costs the maximum reimbursement is $1,000. The City of Billings has had a Goodwill Policy in place for many years. The policy covers only sewer backups. Claims are reviewed by the Distribution & Collection Superintendent and are limited to a maximum of $1,000. The annual budget is $12,500 in the sanitary sewer fund. The City of Great Falls Goodwill Policy is similar to Whitefish and Billings. The difference is Great Falls' policy guidelines specifically state that claims will not be paid in cases of "Acts of God" or clear liability on a third party. Also, Great Falls does not have a $1,000 limit on cleanup. The funds come directly out of the water and sanitary sewer funds. The annual budget for water is $12,000 and $15,000 in sewer. Very seldom is a water claims received. They receive approximately 10 sewer claims each year. The City of Missoula has a goodwill policy in place for sewer main backups. Missoula's Goodwill Policy will compensate for damage after MMIA has determined that the city is not liable. Missoula has a step program in place. For example, if the amount requested is less than $2,000 the Public Works Director may approve it. Up to $5,000 the City Administrator approves the claim and for claims over $5,000 the City Council must approve. The funds come directly out of the Sanitary Sewer fund. The annual budget is $70,000. The City of Helena does not have a Goodwill Policy. The City of Bozeman —received no response. City of Columbia Falls does not have a Goodwill Policy. Similar Characteristics The Cities with established Goodwill Policies included the following attributes in their programs: • Goodwill Policy reimbursement is not an option until after MMIA has concluded its investigation. ■ A board or individual is appointed to review claims. • The reviewer follows written guidelines. • A maximum payout amount is usually established. • Individuals must sign a waiver releasing the City from any further claims or action. • Funding comes from the Water & Sanitary Sewer funds. It is important to remember that a Goodwill Policy is only for damage caused from a City utility (i.e., water or sewer amain), and not for damage that may have been caused from problems with an individual's private service line. Water Sewer Goodwill Policv Memo7.doc MMIA Recommendation Bob Worthington, MMIA CEO recommends Kalispell implement a Goodwill Policy. From an insurance standpoint MMIA doesn't believe that it opens the City up to further liability. In fact, there is the possibility that it could alleviate further challenges or lawsuits against the City. However, it is very important that the City wait to reimburse an expense until after MMIA has concluded its investigation of a claim. The cities that have Goodwill policies have had minimal payouts, and from a public relations standpoint the feedback has been very positive. Funding a Goodwill Program Possible funding options: 1. Add a surcharge to the bi-monthly utility bill, similar to the existing meter replacement fee. For example, adding a $0.25 charge to the bi-monthly water bill would generate approximately $11,000 in revenue annually to fund damage reimbursements due to water main breaks; adding a similar charge to the sewer bill also generates approximately $11,000 annually for sewer back-ups. 2. Increase the rate per 1,000 gallons: adding $0.01 to the rate for every 1,000 gallons of use would generate approximately $7,500 for each fund. 3. Place no surcharges on the utility bill; fund the program from current rates. Set aside an annually budgeted amount each fiscal year in the Water and Sanitary Sewer funds. This option would reduce the fund reserve until such time that a general rate increase becomes necessary. In effect, this merely delays the rate increase to a future more convenient date when the full spectrum of utility costs can be analyzed at one time. Conclusion A water/sewer Goodwill program can be a beneficial addition to the City" s utility systems. other cities with these programs in place have found them to be manageable and cost-effective methods to provide much needed financial assistance to utility customers who, through no fault of their own, have experienced property damage or clean-up costs as a result of water/sewer flooding due to a problem with City owned and maintained facilities. Some of these loses might be reimbursable to the customer via a modified homeowner insurance policy, but there is usually a significant deductible amount to be paid by the homeowner. Experience has shown that these situations arise between 2 and 5 times a year in Kalispell. While annual costs would vary, over time the average annual Goodwill cost to the City to reimburse its utility customers when damage occurs from a problem with our water/sewer mains would be about $15,000. The majority of these costs would be related to sewer back-ups. Water related problems are much less common. The potential impact of this on the current rates is approximately $0.021 1,000 gallons for sewer and water. The City's insurance carrier, MMIA, has indicated support for such a program and has further stated that the community goodwill fostered by such a program can also help reduce future claims for damage whenever unfortunate problems with City utilities cause damages to a utility customer's property. Water Sewer Goodwill Policy MemoIdoc Recommendation Based on the alcove information and MMIA's endorsement, I recommend that the City Council develop a water and sewer Goodwill Policy for the City of Kalispell. The policy should include the following: • written procedure/policy/guideline An appointed committee to review claims • Claims only acted upon after MMIA's has responded to a claim investigation +� Committee can authorize payment up to $5,000 per claim • City Manager has the authority to authorize payment over $5,000 • Claimant must provide original receipts or written estimates for cleanup costs or damage • Claimant must sign a form waiving related claims or actions against the City as a condition of payment Attachments Attached for your information are copies of data provided by whitefish, Billings, Great Falls, and Missoula related to their existing water/sewer Goodwill programs. Water Sewer Goodwill Policy MemoIdoc City Of Whitefis h July 27, 2006 Mayor Feury and city Councilors City of Whitefish Whitefish, Montana Mayor Feury and Councilors Recommendation to Adopt a Goodwin Policy in Regards to Property Damage Caused by Water and Wastewater Accidents Introduction/H i sto ry The City's water distribution and wastewater collection systems are occasionally subject to mechanical problems, such as pump failures and broken or clogged pipes. Some of these incidents result in damage to private property. The following policy is proposed as a means to offer limited financial assistance to affected property owners, under certain conditions. Current Ryrt Two recent, instances involving damage from broken water mains were flooding in the lower level of the Downtowner Motel and basement flooding at a residence on 7t' Street. Clogged City sewers have also caused wastewater to accumulate in crawl spaces and basements on rare occasions. The owner of the Downtowner Motel has submitted the attached information regarding a water main incident that occurred last December, including a request for compensation. We offer this to illustrate some of the problems our customers may face. if adopted, the process recommended below will be used to review the Downtown er's request. Some accidents, such as the Downtowner's flooding, involve third party contractors whose insurance may come into play and almost all accidents involve a claim to our insurance carrier. Although our insurance may pay a claim if the City has been negligent, they will often deny the claim if the incident was caused by an "act of god" such as extreme weather, or if the City can document reasonable maintenance prior to the accident. When a third party contractor is involved, our insurance carrier may pass the claim on to the contractor's insurance company. We believe it is appropriate, in some instances, for the City to offer limited compensation, beyond our insurance coverage. if raw sewage accumulates in someone's basement because a well maintained sewer clogs up for some odd reason or if a hard winter freeze breaks a water main and it floods a nearby building, it isn't the property owner's fault but the consequences can be very unpleasant and very expensive. Although we may not be legally liable, it only seems right to offer some help. We contacted other Montana communities and found that Billings, Great Fads and Butte have some form of "goodwill policy. We propose to work from Great Falls' example with a program as outlined in the following policy statement. WATERIWASTEWATER DAMAGE CLAIM REVIEW COMMMITT'EE POLICY & GUIDELINES 7) The Committee shall meet on an as needed basis and include the following three members: Public Works Director Public works Utility Supervisor Finance Director 2) All claims shall first be submitted to the City's insurance carrier and appropriate third party insurance carriers. The Committee shall consider the claim after the City's Insurance carrier has responded. 3) The claimant's submittal to the Committee shall include invoices for labor and materials. N the claim Includes cleanup or repair work performed by parties other than an established service provider the claimant shall provide written estimates prepared by established service providers to confirm the value of the work. 4) The Committee shall review claims on a casewby-case basis and compensation shall be considered in light of the facts surrounding that particular incident. Compensation may be denied or limited, particularly In cases Involving third ,party liability or "Acts of God", such as extreme weather, earthquakes, etc. 5) The Committee may authorize payments up to $5,,000 per claim and will make recommendations to the City Manager regarding larger requests. B} The City Manager may authorize payments over $5,, 000 per claim. 7) The City Manager's decision is final. S) The claimant shall sign a form waiving related claims or actions against the City as a condition of payment. Financial Requirement We recommend a maximum payment of $5,000 per claim and anticipate no more than 2 to 4 claims per year. Annual funding for this program would be through the Wastewater and Water Funds. Recommendation We respectfully recommend the City Council adopt the policy described above and thereby establish a goodwill program to compensate customers, under certain conditions, for damage attributed to City water and wastewater utilities. Sincerely, John C. Wilson Public Works WATER(WASTEWATER DAMAGE CLAIM REVIEW COMMMITTEE POLICY& GUIDELINES 1) The Committee shall meet on an as needed basis and include the following three members: Public Works Director Public Works Utility Supervisor Finance Director 2) All claims shall first be submitted to the City's insurance carrier and appropriate third party insurance carriers. The Committee shall consider the claim after the City's insurance carrier has responded. 3) The claimant's submittal to the Committee shall include invoices for labor and materials. If the claim includes cleanup or repair work performed by parties other than an established service provider the claimant shall provide written estimates prepared by established service providers to confirm the value of the work. 4) The Committee shall review claims on a case -by -case basis and compensation shall be considered in light of the facts surrounding that particular incident. Compensation maybe denied or limited, particularly in cases involving third party liability or "Acts of God", such as extreme weather, earthquakes, etc. 5) The Committee may authorize payments up to $5,,000 per claim and will make recommendations to the City Manager regarding larger requests. 6) The City Manager may authorize payments over $5,,000 per claim. 7) The claimant shall sign a form waiving related claims or actions against the City as a condition of payment. Adopted August 7, 2006 city Of Billings {date} Dear Public Utilities Customer: Below is the procedure to follow after you have experienced a wastewater backup that occurred as a result of stoppage in the C/TY's sewer line. For health and safety reasons, we recommend that you have the affected area professionally cleaned as soon as possible. Retain your receipts for cleaning work, as these expenses may be reimbursed. 2. To file a damage claim with the City, please call JoLynn Yerger, Safety/Risk Officer at 557-3061. Your claim will immediately be filed with the Montana Municipal Insurance Authority (MMIA), the Dity's liability insurance provider. Normally, an adjuster will contact you and a determination regarding city liability will be made within 7-1 o days. 3. If MMIA denies your claim, please contact , at to file your cleaning costs. The Public Utilities Department will reimburse you up to a maximum of $1,000.00 for documented cleaning casts associated with a backup caused by stoppage in the Dity's sanitary sewer line. Sincerely, Superintendent, Distribution & Collection Public Utilities Department ACKNOWLEDGMENT INVe, the owner(s) of property located at Billings, Montana, hereby acknowledge receipt of the sum of $ , paid to me/us by the City of Billings. I/We further acknowledge that payment of said sum is made for clean-up costs incurred as a result of a sanitary sewer backup; that said payment is made voluntarily by the City; and that said payment is not an acknowledgment or admission of any liability or fault by the City. DATED THIS DAY OF , 20 OWNER OWNER OWNER OWNER {date} Name Address City, State Zip SUJECT: Sanitary Sewer complaint address of backul2l Dear The city Of Billings' Public Works Department currently has a reimbursement program for damages incurred by a City sanitary sewer backup. The program will pay up to $1,000.00 in cleaning costs. In order to be reimbursed for the casts you recently incurred, please complete the attached acknowledgment form and return it, along with the cleaning receipts. We will then process the payment. If you have any questions, please contact me at Sincerely, Distribution & Collection Superintendent Attachment city Of Great Falls WATER/SEWER COMMITTEE POLICY & GUIDELINES 1) The Committee shall consist of three members as follows: • Utility Systems Supervisor • Utility Systems Foreman • Risk Manager 2) The Committee shall meet on an as needed basis. 3) All claims are initially sent to the MMIA for payment or denial of payment. 4) Only those who contact the City, after the MMIA's denial., are acted on. 5) Staff can authorize up to $5,000 per claim. 6) The City Manager has the authority to authorize payment over $5,000. 7) Program is administered by the Water/Sewer Committee. 8) Claimants must sign a waiver form. 9) Program is initially funded as follows: • $ 7, 000 -- Sewer Administration stration Budget $3,000 -r- water Administration Budget 10) Payments will not based on an across-the-board figure. Each claim will be reviewed With a maximum dollar amount set at $5,000. Claims will not be paid in cases of "Acts of prod" or clear liability on a third party. 11) Before paying any claim, bills must be submitted by the claimant and reviewed by the Committee. if claimant chooses to do cleanup themselves, they must provide a written estimate by a cleaning company as to the hours and costs to do the cleaning. July 19, 2004 RE: Sewer Back Up Date of Loss: une 23, 2004 Bear: The City of Great Fads water/Sewer Committee has met regarding your claim for the above referenced incident. After careful consideration of the items you asked us to consider we are willing to offer you a final good will settlement of $ 1 have attached a copy of the breakdown for your reference. The Committee feels this is a fair offer. The Committee also reviewed the Montana Municipal Insurance Authorities decision. The City of Great Falls has been reasonable in their inspections and maintenance of this line as well as in their response to the problems of the back up. The Montana Municipal Insurance Authority has determined the City of great Falls was not negligent in their actions concerning this claim. we are willing to offer this goodwill settlement given the fact that it was the City's line. I have enclosed a copy of a Release Form that we are asking you to sign if you should accept our final offer. You may mail this form to me or bring it in personally, whichever is more converuent for you. when we receive this Release Form, the City will issue you a check. Should you wish to discuss this ftwther I can be reached at (406)455-8440. Sincerely, Kelly Audet Risk Management Specialist * RELEASE That for and in consideration of the sum of $ paid by the City of Great Falls, Montana, receipt of which is hereby acknowledged, do hereby release and discharge the City of Great Falls, a municipal corporation, all of its officers, employees and agents from any and all actions and causes of action, demands, claims of every kind and nature whatsoever arising out of the alleged water line repair causing damage to claimant's property located at . This Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, this Day of Claimant 2006. Claimant has hereunto set their hands SUBSCRIBED AND SWORN to before me, the undersigned, a Notary Public for the State of Montana this day of 12006. Signature Printed Name Notary Public for the State of Montana Residing at , Montana My Commission Expires: (NOTARY SEAL) city Of Missoula rd To be CONdO red. iwe aMmm =M be me- �• �3 sm aid a a Contr of a � 9 cleaning serv+ce_ bj Emergency egxnses, such as rent of heaE- 0000 ers tO pTeVent freezing if the heating s rem is 00 affected c) Emergenxy housing and meals for auvner(s( or tenanr(s). if required because the sanitary concNon of the str j=e is. unheaf by fear oc 0) cupation as a nmAer e ad) Disposal of any contaminated material in an approved larwdfill site. el Actual cash value of the damaged personal property that must be replaced because it cannot be repaired or cleaned, • Es�n�ates if the claimant chooses to perform dea nup and claim personal labor and materials costs. the claimant must prrnride a written estimate from a cleaning company as to the work hours and ru costs to complete the jab. This estimate wui be used to sUIbSUM late the "necessary and reason. �. able' requirnt of the Goodwin Policy, HeImburmmeaft AN claims for rewribursemeant must be accom- panied by orighal receiprs andyar cast estsrnam Actual cash value equais repla[ernent cost of IL items of low kind and quality, km depreciation for use, wear, age and other applicable factors MQnt be ExpMses Not eligible for finandal assistarce: purport- © ed personal labor costs, pain and suffering, erno- LO tional or Renal distress, inconvenience - air fare or rraWtq a gX=eS, last wages, lost baseness rev- .. enum lost business profits, or similar Refs. Waiver Agreement Claimants must sign an agMement waiving any further ctalm.s against the City in order to re- 7U ceNe financial assistance. Ikk PMky s i r I my Md al fdw i wabliana ps to SOM MM P r i of seer iadkupa. The WPaesatTolt is a" In echo Is Ou"b" is adapted Yae'dr IOw 4 _ Questions?, Call the offices listed below liar further 11110timulion. Wamewmer Tre anew nmd 523-48M 5234 886 City et Misssula Finance Office s23-ass9 .;+ .City, of HISSOuk Public Works Department 523--462Q ,4 ray_ 41" OM Mahn Ins s Wastewater D mage from City Sewer Backups Voluntary Goodwill Policy �{ tl4 It you've ever had wastewater backed up in your residence from My suer facilities, you know what frustration is , . . � 'he City of Missoula has a thorough sewer Fine maintenance program. However, from .-time to time, under unusual circumstances, t0oiissoula residents experience a backup of ao vastevrater into property they own or rent " VC the City of Missoula has a Voluntary Good - null Policy designed to help you receive assis- ante if you qualify for it This could occur if Q fie wastewater probterm originate in City- ~ )wned or maintained facilities, such as in ,ewer maims, S_T.E.P. systems or pump sta- xorm limited financial help with cleanup is available from the City in certain instances. Why does the " City of Missoula have a Voluntary CoodwM PolicyP ' r he City of Missoula wants to help cozens naintain a healthy, safe and pleasant way of ife offering voluntary assistance to help Mth sewer backups in City sewer facilities is )ur way of helping you handle the incotwe- 2Aence and cleanup as well as some of the j .osts which may not be covered by your own nsurance or the Gays Insurance. By following a few simple steps, n you can avoid delays in determining what type of help you quaff for. 1� feu may qualify for some assistance even if z four insurance or the City's insurance does � iot cover the damage We encourage you 6 o ask about possible assistance and submit t claim, even if yotire informed that the City s not liable. Problems in the sewer system u .an occur even though proper operation 7 and maintenance has been performed. ldissoula's Voluntary Goodwill Policy is based on the following considerations: Jl� Blcda ges in the Ws system of mastewa- ter twain collectiort fines occur occasionally, for a variety of reasons_ (such as foreign ob- ject; grease, roots„ and other sources). ,4%. In many cases, .such blockages are not a result of any actions, inactions, negli- gence or fault of the City. + City sewer main backups may cause darn - age and inconvenience to owners or ten- ants of an affected structure. The City wants to lessen the hardship resi- dents experience by providing some fi- nancial assistance, even though the City may not be responsible for the damage or the inconvenience. ,60b, The City wants to respond promptly to your questions; however, the City cannot provide assistance until after the Citys in- surer has determined whether the City is liable for cleanup or damage. 11 *#*�101C** s*44********# V* ****4i1**"1*6r*{"***+1i***iP41 W***#***4*"*,0�********* a** V* ******i***a I I Here's what you should do if you need assistance: 1. RepoM& a problem to &w Wastewater Treatment 5. Plant -at 523-4880 or 523-4886. _ 2. Wastewater crews will locate Vw bk�doge* Wit is In the 'sery ce lateral One Jthe connection from your svucture to the city main), the City will ad- vise you to tali a plumber to dear the blockage Such blockages are the honxx wmer's fnanelal responsf 6 ty. 3. wee dockage is in the Ws main lire or is caused by a malfunction of City -owned or maintained radicles. such as STEP. systems, the City mainte- nance crew will resolve the problem. The crew will provide the occupant wlth a copy oftts bro- chure and advice on how to file a claim. 4 To be considered for financial assistance, you must submit a claim foam to the City. Cats the Fi- nance Office at 5234929 for claims infornnation. The City will provide assistance only if the Citys insurer has denied the claim. In thatcase, the City wRl be authorized to approve some goodwill as- sistance to the property owner and/or tenant for cleanup. 7. Cleanup expenses are limited to Muse considered necessary, reasonable, and documentable. Esti- mates and original receipts are required, it will be the property owner's or tenant's responsiNl- ity to perform the cleanup or hire a cleaning com- pany. (See "Eligible Expenses" for detail.) 8. The City wilt reimburse the claimant only to the extent that expenses exceed or are not covered by a homeowner, renter, or business insurance policy. No payment will be made ofdamages due to "Acts of God" or where there is clear liability by a property owner or a third party. Payment will not be made for indirect costs. (See 'Eligible Ex penses" for additional detail.) TIPS ON HIRING CLEANING AND RENOVATION SERVICES Read the City's Voluntary Goodwill brochure thoroughly. You should always get three estimates before any contract work is to be done. The City requires three estimates for renowatlon work done after the Initial clean up for payment to be made. Before reimbursement can be made, you or the contractors you've hired must provide documentation of damaged items or the actual items for Inspection by the City before they are disposed of. The CIty's Voluntary Goodwill Policy may not corer all services offered or recommended by a cleaning or renovation company. You wl1l be responelble for any casts not covered In the Voluntary Goodwill Policy. Most cleaning and renovation co.panies are reputable, but don't be taken. advantage of during a stressful time by any contractor. The Gity's Voluntary Goodwill Policy does not necessarily cover replacement value of items that cannot be-'cleaped or repaired, The policy pays only the Actual cash value or depreciated value of a damaged item. All claims must be submitted within 90 days of the sewage back up to receive reimbursement. If you have any Questions or concerns, please call the Wastewater Division at 523- 4880 T 0 d T 00S T T 2S).SS).90i7T 6 : 01 80617 - SS2 - 90fr dIMM HInOSS I W : W08A 092 : S0 9002 -- 2 - onN