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HomeMy WebLinkAbout11.c. Minutes Administration Committee 09-28-17Page 1 of 22 Item It.c. Central Contra Costa Sanitary District October 5, 2017 TO: HONORABLE BOARD OF DIRECTORS FROM: ELAINE BOEHME, SECRETARY OF THE DISTRICT SUBJECT: SEPTEMBER 28, 2017 -ADMINISTRATION COMMITTEE - MEMBER MCGI LL AND MEMBER WILLIAMS Attached are minutes of the above Committee meeting. Strategic Plan re -In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Foster Customer Engagement and Awareness ATTACHMENTS: 1. Minutes of 9-28-17 Administration Committee Meeting 2. (Handout) Item 3.a. - CCWD Presentation in 2011 3. (Handout) Item 3.a. -City of Concord Presentation October 5, 2017 Regular Board Meeting Agenda Packet - Page 175 of 196 Page 2 of 22 Il Central Contra Costa Sanitary District REGULAR MEETING OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADMINISTRATION COMMITTEE MINUTES Thursday, September 28, 2017 8:30 a.m. Executive Conference Room 5019 Imhoff Place Martinez, California ( nmmittpp- Chair Mike McGill Member David Williams BOARD OF DIRECTORS: PAUL H. CA USEY President JAMES A. NEJEDLY President Pro Tern MICHAEL R. MCGILL TAD J. PILECKI DA VID R. WILLIAMS PHONE: (925) 228-9500 FAX.- (925) 676-7211 www.centralsan.org Outside speakers: Dominic DeBellis, Customer Service Supervisor -Contra Costa Water District (left after Item 3. a.) Staff. - Roger S. Bailey, General Manager Elaine R. Boehme, Secretary of the District Ann Sasaki, Deputy General Manager Phil Leiber, Director of Finance and Administration Shari Deutsch, Risk Management Administrator Donna Anderson, Assistant to the Secretary of the District 1. Call Meeting to Order Chair McGill called the meeting to order at 3:00 p.m. 2. Public Comments None. 3. Items for Committee Recommendation to Board a. Review draft Position Paper to consider whether to recommend Board endorsement of the sewer lateral insurance program being offered by October 5, 2017 Regular Board Meeting Agenda Packet - Page 176 of 196 Page 3 of 22 Finance Committee Minutes September 28, 2017 Page 2 Contra Costa Water District (CCWD), and allow use of Central San's name and logo on marketing materials —Guest speaker.' Mr. DeBellis of CCWD Mr. Bailey noted that there is a built-in incentive for the insurer, HomeServe, to keep CCWD customers happy so they can continue delivering the program to a large customer base. He said it is staff's recommendation that the Board endorse the program. Mr. DeBellis explained how the program works at CCWD and responded to questions from the Committee Members. He said CCWD's fee is 10 of the premium cost, just enough to cover costs. Participation in the program is voluntary. Since 2011, 15,000 of CCWD's 54,000 single family customers have enrolled in the coverage for water lines. More recently, CCWD began offering coverage for sewer laterals because (1) customers are more likely to be affected by problems with their sewer laterals than their water lines; and (2) in talking with customers, CCWD staff has learned that many customers do not realize the difference between the two types of pipes, believing their sewer line was covered when in fact only their water line was covered. He provided two handouts, a presentation to the CCWD Board in 2011, and a more recent presentation to the City of Concord inviting their participation in the program, both of which are attached. Mr. DeBellis said HomeServe was selected after a request for proposal (RFP) process. He said CCWD's customer satisfaction rating is 98.9 and they expect the same from HomeServe. Claims are averaging 150 per year for the water service and 100% of the claims have been honored. Those that were not were because the issue was not with their water line, or a claim was made within the initial 30 -day required waiting period for pre-existing conditions. He said that no more growth on the water side of the program is expected at CCWD — it has held steady at approximately 25% over the years, which is in line with original predictions. Mr. DeBellis stated that marketing material is mailed to customers three times a year by HomeServe, at their expense, to customers who have not signed up for coverage letting them know that their pipes are their responsibility and that coverage is available. Chair McGill said that he generally likes the idea of such a program, particularly the fact that it provides messaging to customers on a regular basis that the pipes that connect their home to the water and/or sewer service are their responsibility. On the other hand, he was concerned that since CCWD's service area overlaps only a portion of Central San's service area, those Central San customers not served by CCWD would October 5, 2017 Regular Board Meeting Agenda Packet - Page 177 of 196 Page 4 of 22 Finance Committee Minutes September 28, 2017 Page 3 not receive regular messaging about sewer lateral responsibility, nor would they have an opportunity to take advantage of sewer lateral coverage. He wondered if there may be issues associated with not treating all customers similarly. Mr. Bailey said he has reached out to Alex Coate, General Manager of East Bay Municipal Utility District (EBMUD), on this topic but does not believe a definitive response will be forthcoming anytime soon. Mr. Bailey also noted that while coverage is available on an individual basis directly through HomeService, the leverage afforded by having CCWD as the intermediary would be lost. Chair McGill said that he would like a more definitive summary of how the program would operate, including how it would tie in with CCWD's program and how the first mailing would go, etc. He also wanted staff to address any potential downside from a public relations perspective related to a program being offered to a portion of Central San's customer base. Member Williams suggested that the program be offered on a pilot basis. If it is well received, then opportunities for providing a similar program to remaining Central San customers could be investigated. COMMITTEE ACTION: Requested that staff come back at a future meeting with additional information on the following topics: (1) how the program would operate, including information about regular mailings; (2) potential ramifications of providing a program to a portion of Central San customers; and (3) offering it as a pilot program. 4. Other Items a. Receive status report on disaster cost recovery Ms. Deutsch reviewed the material included with the agenda packet, noting that of the $618,000 total cost spent on disasters from last Winter's storms, roughly $580,000 may be recoverable, although some portion may be disallowed during close-out. All the appropriate paperwork has been submitted. However, with three recent devastating hurricanes in Texas, Florida and Puerto Rico, FEMA has been overwhelmed. She is hopeful that reimbursement checks will be forthcoming by the end of this fiscal year. October 5, 2017 Regular Board Meeting Agenda Packet - Page 178 of 196 Page 5 of 22 Finance Committee Minutes September 28, 2017 Page 4 The Committee Members thanked Shari for her diligent efforts in coordinating submission of the detailed cost recovery applications. COMMITTEE ACTION: Received the report. 5. Announcements a. Chair McGill announced that he had just returned from the California Special Districts Association (CSDA) Annual Conference in Monterey, where the topic of one of the workshops was the need for cost of service studies. b. Chair McGill also announced that the Contra Costa Chapter of the CSDA has won Chapter of the Year for the second time, based in part on excellent attendance at meetings (which are held at Central San's Martinez campus) and the friendly atmosphere created by staff. 6. Future Scheduled Meetings a. Monday, October 16, 2017 at 8:30 a.m. Tuesday, October 24, 2017 at 8:30 a.m. Tuesday, November 21, 2017 at 8:30 a.m. 7. Suggestions for future agenda items None. 8. Adjournment — at 4:35 p.m. October 5, 2017 Regular Board Meeting Agenda Packet - Page 179 of 196 Item 3.a. (Committee Handout) (CCWD Presentation) ���� CONTRA COSTA - CUSTOMER SERVICE ENHANCEMENTS WATER DISTRICT a Key..M.essages • Board approved agreement with HorneServe USA in January 2011 as part of ongoing effort to enhance customer service • Provides residential customers option to voluntarily purchase emergency water service line protection o Customer participation at 13,000 (24%) • Enhancement proposed to include optional Sewer/Septic Line Protection • Reviewed with Finance Committee on January 25th FEBRUARY 15,2017 BOARD OF DIRECTORS MEETING PAGE 1 October 5, 2017 Regular Board Meeting Agenda Packet - Page 180 of 196 CONTRA COSTA CUSTOMER SERVICE ENHANCEMENTS �WATER DISTRICT Water Service Line Program Coverage • Coverage applies to emergency water service line repairs located between the District's meter and the customer's residence o Includes damage caused by expansive soils • Covers a maximum of $12,000 per year, for unlimited repairs • New customers pay $5.25,per month for coverage o Rate adjustment has been 6% over five years • Billed by the District on their bi-rnonthly water bills ------------ -------- . .... ..... FEBRUARY 155 2017 BOARD OF DIRECTORS MEETING PAGE 2 October 5, 2017 Regular Board Meeting Agenda Packet - Page 181 of 196 �� CONTRA COSTA CUSTOMER SERVICE ENHANCEMENTS � WATER DISTRICT Customer Outreach • Marketing materials mailed 3x per year, and must include District cover letter • All materials are developed under the direction of the District to protect brand • Costs for materials and postage fully paid by HomeServe Fie• L xsarmw Iteslannkel Wiper Sere 0mr. Cucterrre r. 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Great Oaks Water Company San Jose Water Company • District -formed Bay Area user group allows local participants to share knowledge and experience on a quarterly basis FEBRUARY 15, 2-017 BOARD OF DIRECTORS MEETING PAGE S October 5, 2017 Regular Board Meeting Agenda Packet - Page 184 of 196 CONTRA COSTA CUSTOMER SERVICE -ENHANCEMENTS � WATER- DISTRICT Proposed Expansion into Sewer/Septic Line Protection • Staff met with City of Concord regarding potential for City to offer sewer line protection either independently or via partnership with District • City considered initiative in 2016 through its Infrastructure and Franchise Committee o City decided not to participate, but has no concerns with District offering this as an optional program • District has briefed Central Contra Costa Sanitary District and the other cities within the treated water service area; no concerns noted ------------------ ................ ......... .. ----- ----- FEBRUARY 15 2017 BOARD OF DIRECTORS MEETING PAGE 6 October 5, 2017 Regular Board Meeting Agenda Packet - Page 185 of 196 §t4Q& CONTRA COSTA CUSTOMER SERVICE ENHANCEMENTS WATER DISTRICT Sewer/Septic Line Program Coverage • Coverage applies to leaking or permanently blocked exterior sewer/septic lines • Covers a maximum of $12,000 per year o Covers, hotel/kennel costs for repairs requiring over 24 hours to complete Cost of coverage $10.99 per month o Due to significantly higher excavation, repair costs o Billed by the District. on their bi-monthly water bills --------------------- ------------ .......... --------------- FEBRUARY 15, ZBOARD OF DIRECTORS MEETING PAGE T October 5, 2017 Regular Board Meeting Agenda Packet - Page 186 of 196 AW4k 4INN6 CONTRACOSTA CUSTOMER SERVICE ENHANCEMENTS 'WATER DISTRICT Fiscal. Impact • Primary goal to provide added value for customers • District retains 10% of the premiums for administrative oversight and billing o Annual revenues $79,000 for ~13,000 water service line customers o Estimate for 2,000 sewer/septic policies in first year, $26,000 in revenue • 100% of postage, marketing costs paid by HomeServe o Market11 ing would be offered in conjunction with current Service Line Protection Program o Customers have option to opt out from marketing ...................... .............. .. . FEBRUARY 15 2017 BOARD OF DIRECTORS MEETING PAGE H October 5, 2017 Regular Board Meeting Agenda Packet - Page 187 of 196 Sewer/Septic Line Coverage from HomeServe What is covered? Item 3. a. (Committee Handout) (Concord Presentation) Repair or replacement of a leaking or permanently blocked exterior sewer septic line due to normal wear and tear, not accident or negligence, including locating the blockage or collapse, excavation to expose pipe, pipe replacement or repair, repair or replacement of seals and joints, unblocking, fitting external valves, pipe cutting. What is not covered? Septic tanks, leaching fields, accidents and damage or negligence caused by you or others. PROJIEW HOUSE B1UNDARTFOUNDATION STREET OLNUUN11C JIM ' HRMEOVINER'S RESPONSIBILITY - HG1JE1AV'JEI RE3FfI 1EILfTY Coverage • $6,000 annually with unlimited service calls • Basic restoration of ground surface features after excavation for service line repair, including filling, raking, reseeding, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. All preparation, repair and restoration work will adhere to all applicable federal, state and local, environmental, and health and safety regulations, including specifications for materials and construction for service lines. • Cost and filing of permits, as required, are included • One-year warranty on labor and materials for covered repairs October 5, 2017 Regular Board Meeting Agenda Packet - Page 188 of 196 Sewer/Septic Line Coverage from HomeServe Billing: • Contra Costa Water District (CCWD) will bill customers for sewer/septic line contracts, on their water bill • CCWD will remit the total payment minus CCWD"s share, based on cash collected to HomeServe USA (HSUSA) on these contracts monthly HSUSA will calculate commissions due based on the total payments received and provide the City of Concord with payment along with a summary of what has been paid Coverage Plan Cost: • $9.99 per month Year 11 Year Year Circulation 50,000 321000 34,000 Commission: Response 4.00% 3.00% 2•75% • CCWD - 10% or $1/month per New Policies 21000 960 935 active contract Existing Policies - 11860 21623 • Concord — 5% or $.50/month Total Policies 21000 21820 31558 per active contract Avg. Policy Price 119.88 119.88 119.88 CCWD Commission (10%) $ 23,976 $ 33,806 $ 42,649 Main Point of Contact: City of Conccord commission (5%) $ 11,988 $ 16,903 $ 21,324 Retention 93% 93% 93% • Dominic DeBellis will remain the main liaison between the City of Concord and HomeServe * All marketing and postage is paid by HSUSA October 5, 2017 Regular Board Meeting Agenda Packet - Page 189 of 196 Sewer/Septic Line Coverage from HomeServe Marketing: • 1x acquisition mailing to City of Concord/CCWD customers ➢ Launch campaign date TBD • 3x a year cross -sell mailing to existing CCWD/HSUSA customers ➢ May 2016, September 2016, January 2017 Him" lrsl agn-semni atthinl " Colo f t rraF� 1• Sir+Li CLI iLf Atfe"4d f �al a AI+1■IIIF:�C aNl ayl ••. Yr •. ' r Example Creative rMa1�r i.r.n�1i .. wrww Dale 1213011 ftatlral tst LMIIrn11 46 ImaP1lant EnieMBUoa Reverdiad Tow Water 5"vi li UM ra aWXX 94=;la a. .15KOIC. 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MemberAdvantam r s HomeServe USA is a wholly owned subsidiary of HomeServe plc, a London Stock Exchange -listed company in the top 200 UK companies by market capitalization ➢ With total assets exceeding £840 million, a solid current ratio and cash reserves of approximately £75 million, HomeServe's parent company, HomeServe Plc is financially sound HomeServe is fully insured to do business in all 48 contiguous states and the District of Columbia );;;- Customers will be covered if they so choose, even if the contract between CCWD/City of Concord/HomeServe ends with no change in service or policy for the customer. HomeServe is the only provider in the industry that utilizes an insurance company for all policies, which gives customers additional peace of mind );;;o- Our plans are underwritten by an A.M. Best A -rated national insurance provider to further guarantee our service to your customers HomeServe is accredited by the 131313 with an A rating, is certified PCI Level 3 -compliant, and has earned numerous awards for providing exemplary customer service );;;- In 2015, the company was voted one of Connecticut's Top Workplaces based on workplace employee surveys October 5, 2017 Regular Board Meeting Agenda Packet - Page 191 of 196 Sewer/Septic Line Coverage from HomeServe HomeServe's Commitment to Serving Our Partners' Communities: • HomeServe is the first provider in the industry to introduce an initiative to help with hardship funding in the areas in which we serve • HomeServe Cares leverages the company's existing service infrastructure and financial resources to assist disadvantaged homeowners who are faced with a service emergency and don't have a service plan or the funds to cover an emergency repair This program aims to assist homeowners faced with a service emergency who meet the following criteria: ✓ The homeowner does not have a service plan from HomeServe ✓ The necessary funds to cover emergency home repairs and no other funding sources are available for the repairs ✓ Delay in repairs will cause a serious health and safety hazard Visite, www.HomeServeCares.com to find out more information Note: Funds are not provided. Only services for repairs or improvements to remove health and safety hazards are provided October 5, 2017 Regular Board Meeting Agenda Packet - Page 192 of 196 Page 19 of 22 [HomeServe0] [Premier] Exterior Water Service Line [Elite/Kus] Terms and Conditions YOUR ENCLOSED DECLARATION PAGE IS AN INTEGRAL PART OF YOUR SERVICE AGREEMENT AND ALONG WITH THESE TERMS AND CONDITIONS CONSTITUTE YOUR ENTIRE AGREEMENT HomeServe USA Repair Management Corp. ("HomeServe") is the entity that will administer the service under this Service Agreement. You may contact HomeServe by mail at 1232 Premier Drive, Chattanooga, TN 37421 or by calling toll-free [1- 877-444-7750]. North American Warranty, Inc. ("NAW", "Provider", "We "Us" or "Our") is the entity obligated to provide service under this Service Agreement. You may contact NAW by mail at 17S West Jackson Blvd., Chicago, IL 60604, or by calling toll-free 1-866-918-4680. What's Covered: We will arrange and pay for the repair or replacement due to normal wear and tear- of a leaking, [frozen,] low pressure, or permanently blocked Exterior Water Service Line, for which You have sole responsibility, that supports Your Residence. You must call HomeServe to arrange for service in order for repairs to be covered. See "How to Call for Repairs" below. An Exterior Water Service Line is the line that supplies fresh water to Your Residence from Your [utility's responsibility or external wall of Your well casing to the water meter or main shut-off valve inside/Property boundary or external wall of Your well casing to the external wall of/Property boundary or external wall of Your well casing to the water meter or main shut-off valve inside] Your Residence[, as well as any water lines that branch off the main line, for example to sprinklers, pools, hot tubs, and/or other outdoor systems]. [Any part of Your Exterior Water Service Line beyond these linear limits will not be covered.] [In addition, We will arrange and pay for the repair or replacement of any non-functioning pressure reducing valves and backflow prevention devices that are part of Your Exterior Water Service Line.] Low pressure means less than 30 pounds per square inch with 2 or fewer fixtures open. [Restoration: Restoration to any area disturbed by the repair that is on Your Property and outside Your Residence is limited to: fitting, raking and reseeding of grass, reinstallation of existing soft landscaping and shrubbery and patching of paved surfaces[, and repairing of lawn sprinkler systems and underground invisible pet fences]. We cannot guarantee the survival of any living materials disturbed by the repair and will not be responsible for the replacement of any decorative paving, pathways or landscaping features.] Benefit Limit: [The maximum benefit limit is [[one — four] Service Catl[s] per Term with [[$2,000-$10,000] for each Service Call]] [[$2,000-$20,000] per Term]/There is no maximum benefit limit per Term]. [Any repair or replacement charges beyond Your [Service Call] benefit limit are Your responsibility.] [If a covered repair requires a public sidewalk or public road to be cut, excavated and repaired in order to access Your Exterior Water Service Line, We will arrange and pay an additional amount up to [$500-$10,000] per Term towards this part of the repair.]/ The maximum benefit limit is [[[one — four] Service Ca[l[s] per Term with] [$2,000-$10,0001 for each Service Call] [[$2,000- $20,0001 per Term] for the covered Exterior Water Service Line within Your Property boundary [and [[[one — four] Service Catl[s] per Term with][$2,000-$10,000] for each Service Call] [[$2,000-$20,0001 per Term] for the covered Exterior Water Service Line beyond Your Property boundary]. Any repair or replacement charges beyond Your [Service Call] benefit limit are Your responsibility.] [Water Loss: Upon completion by Us of a covered repair, We will reimburse up to [$250-$5,000] for the cost of any associated water loss. Associated water loss is calculated by taking [Your water bill for the time period in which the covered repair was performed and deducting the average amount of Your [one (1) -- twelve (12)] previous water bills)/Your water bill for the time period in which the covered repair was performed and deducting the amount of Your water bill for the same time period from the previous year]. It is still Your responsibility to pay Your water bills.] [Additional Benefits: In addition, We will provide up to [$500-$2,000] reimbursement for reasonable hotel accommodations (room only) if We are unable to carry out a covered repair within 24 hours of notification and You wilt be left completely without use of Your Exterior Water Service Line until such repair can be made. We wilt also provide up to [$200-$1,000] reimbursement for the temporary housing of pets in such circumstances. You will only be reimbursed for hotel and pet expenses that We have approved in advance.] What's Not Covered: We will not be responsible for any of the following: 1. Damages, losses and expenses, whether from negligence or otherwise, caused by: (a) You or any person or entity other than Us or HomeServe or (b) unusual circumstances, including a natural disaster, or an act of God; [XXXXI WSL210-00-00-NAW [XXX-XXX-XX-XX-XXX-XXXX-XXXXX] October 5, 2017 Regular Board Meeting Agenda Packet - Page 193 of 196 Page 20 of 22 [HomeServe®] 2. Consequential, incidental, or punitive damages arising from conducting repair work or as a result of the covered repair; for example, damages necessary to reasonably access the repair area. Your rights and remedies may Wary depending on the state where Your Property is located; 3. Any correction or upgrade of Your existing Exterior Water Service Line, not directly related to the necessary covered repair, in order to meet any code, law, regulation or ordinance; 4. Repairs to any section of Your Exterior Water Service Line that You share with any third party or is covered by a homeowners', condominium or like association[;/.] [5. Repairs to any line that branches off the main Line, for example Lines for sprinklers, pools, hot tubs, and/or other outdoor systems[;/.]] [6. Thawing of frozen pipes.] Eligible property types: A single structure owned by You, used and zoned for residential occupancy ("Residence") that is permanently secured to the ground, and the land it is located on is also owned by You ("Property"). Any recreational vehicle or other type of home on wheels that is intended to be moved and/or property used for commercial purposes is not eligible. If You are aware of any pre-existing conditions, defects or deficiencies with Your Exterior Water Service Line prior to the Start Date of Your first Term, then Your Property is not eligible for this coverage. Length of Service Agreement: Your Service Agreement begins on the Start Date listed on Your Declaration Page and will continue for [twelve (12) months] ("Term") provided neither You nor We cancel. See "Cancellation/Refund" below. [There is an initial waiting period of [thirty (30) days], within which You will not be able to request a Service Call, giving You [eleven (11) months] of coverage during the first year. Upon renewal of applicable), You will not be subject to a waiting period.] How to call for repairs: You must call HomeServe and a service representative will assist in the diagnosis of Your repair and the scheduling of a visit from one of HomeServe's approved local technicians. You will not be reimbursed for work done by technicians who are not authorized by HomeServe. Technicians must have safe and clear access to, and safe working conditions at and around the work area. [There is no Service Call fee/There is a [$25-150] fee per Service Call.] [How to seek Water Loss reimbursement: Once the covered repair has been completed by Us, please call HomeServe for a reimbursement form. Fill out the form and return it to HomeServe. You must include copies of [Your water bill for the time period in which the covered repair was performed and Your [one (1) — twelve (12)] previous water bills/Your water bill for the time period in which the covered repair was performed and Your water bill for the same time period from the previous year] so We can calculate the cost of any associated water loss. You are responsible for providing Your water bills to Us. You should contact Your water utility company if You do not have them. Payment will be made to You within thirty (30) days of receipt by Us of Your properly completed reimbursement form.] Covered repairs: Covered repairs are guaranteed against defects in materials and workmanship for one year. Under the guarantee we will arrange at Our expense and discretion for repair or replacement. We disclaim any and all statutory or common law warranties (whether express or implied) other than Our covered repair guarantee and any implied warranties that cannot be excluded under applicable law. [Receiving Documents Electronically: You can receive Your Service Agreement and all related documents electronically. If You consented to electronic delivery, these documents will be sent to the email address listed on Your Declaration Page ("Email Address"). Documents sent to the Email Address will be deemed to have been received by You. You may stop receiving documents electronically by calling HomeServe [or by updating Your preferences in Your profile on HomeServe's website]. You may also call HomeServe to update Your Email Address or to receive a paper copy of Your Service Agreement.] Renewal: If You pay through Your utility bill, by credit/debit card or by direct debit this Service Agreement will automatically renew for a further term of [12 months]. If You paid by check, or if You pay by credit/debit card and requested that We not automatically renew this Service Agreement, You must renew this Service Agreement prior to the end of the Term to ensure continuous coverage. [Your claims history will be considered as part of Our determining the price for Your next Service Agreement term.] We reserve the right to not offer this Service Agreement upon renewal. CanceLlation/Refund: You may cancel this Service Agreement at any time by calling HomeServe. If You cancel within thirty (30) days of the Start Date, You will receive a full refund less any claims paid by Us. if You cancel more than thirty [XXXXI WSL210-00-00-NAW [XXX-XXX-XX-XX-XXX-XXXX-XXXXX] October 5, 2017 Regular Board Meeting Agenda Packet - Page 194 of 196 Page 21 of 22 [HomeServe®] (30) days after the Start Date, [Your cancellation will be effective at the end of the then current billing month. If applicable, You will be entitled to a pro -rata refund less any claims paid by Us.] If Your local utility company or municipality provides similar coverage to You at no charge, You can contact HomeServe to cancel and You will receive a refund of the payments You have made less any claims paid by Us. You may be required to provide evidence of the similar coverage. If We find that You have such coverage or are otherwise ineligible for the coverage provided by this Service Agreement, We may cancel on no less than [fifteen 15] days' written notice to You and will refund the payments You have made less any claims paid by Us. We may cancel for any reason on [sixty (60)] days' written notice to You. We can also cancel, on no less than fifteen (15) days' written notice to You for: (a) non-payment of the Price; or (b) Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it. If We cancel under (b) above, You will be entitled to a pro -rata refund less any claims paid by Us. Written notices from Us under this section will tell You exactly when Your Service Agreement will be cancelled and why it has been cancelled. The notice periods referred to in this section begin when We send the notice to You. Key Terms: "Declaration Page" - The enclosed document that forms a part of this Service Agreement, listing important information regarding You, Your Property and other vital information. "Price" - The amount You agree to pay for this Service Agreement, as listed on Your Declaration Page. "Service Agreement" - The documents that constitute all of Your rights and responsibilities as a Service Agreement holder; which consist of these terms and conditions and Your Declaration Page. "Service CaLL" - A visit to Your Property by one of HomeServe's approved local technicians, where work is performed to diagnose and complete a single covered repair, or where it is determined the repair is not covered. "You" or "Your" - The purchaser of this Service Agreement who is the Service Agreement holder listed on the Declaration Page. Privacy Policy: Any information You provide HomeServe will be accessed, collected, used, transmitted, disclosed, stored, maintained and otherwise handled to administer Your Service Agreement by HomeServe or its group of companies, including, but not limited to, disclosing Your address, telephone number, and other contact information to third parties who conduct services on HomeServe's behalf. HomeServe or its group of companies and their selected partners may also use Your data to keep You informed by mail, telephone or email of any products or services which they consider may be of interest to You. For further details on how HomeServe uses Your information, please see their Privacy Policy at [www.homeserveusa.com/Customer-Data - Data_ Privacy_Po[icy.html]. Should You have any questions or concerns about HomeServe's Privacy Policy or how they are using Your information or to update Your privacy preferences, please contact HomeServe. Assignment/Amendment: We reserve the right to change this Service Agreement (including the price [or to charge an additional fee]} and to delegate any of Our obligations at Our sole discretion provided We give You [thirty (30) days'] prior written notice of the changes. The changes will become effective [thirty (30) days] after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the remainder of the terms and conditions in this Service Agreement shall remain valid. Transfer: This Service Agreement is not transferable by You. Responsibility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. HomeServe will serve as Your point -of -contact for all questions or concerns. Our obligations under this Service Agreement are insured under a service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety Company, Inc., 175 West Jackson Blvd., 11th Floor, Chicago, IL 60604, 1-800-209-6206. Our Liability: To the extent permitted by applicable law, (l) You agree that We and HomeServe, and both of our parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents and contractors shall not be Liable to You or anyone else for: (a) any actual Losses or direct damages that jXXXX) W5L 210 -00 -00 -NAW 3 [XXX-XXX-XX-XX-XXX-XXXX-XXXXX] October 5, 2017 Regular Board Meeting Agenda Packet - Page 195 of 196 Page 22 of 22 [HomeServe®] exceed the Lowest applicable per covered repair benefit Limit set out above; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these Limitations and waivers shall apply to all claims and aLL Liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU NAW AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows: A. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT 1N ANY WAY RELATES TO OR ARISES OUT OF THIS SERVICE AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM NAW OR HOMESERVE, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against NAW or HomeServe, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of NAW or HomeServe. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. §§ 1 et seq.) and not any state law applies to this agreement. B. For claims of $10,000 or less, the party bringing the claim can choose to proceed by way of binding arbitration pursuant to the AAA's rules or, alternatively, can bring an individual action in small claims court. C. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that You may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of this Service Agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class -wide or collective remedy. Instead, the arbitrator shalt have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this Service Agreement. D. HomeServe will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges You for arbitration of the dispute, up to a maximum of $1,500; provided, however, that the arbitrator may award costs and expenses to any party, if allowed by law. If You provide us with signed written notice that You cannot pay the filing fee, HomeServe will pay the fee directly to the AAA. E. If for some reason the prohibition on class arbitrations set forth in Subsection C cannot be enforced, then the agreement to arbitrate will not apply. F. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION YOU. NAW AND HOMESERVE AGREE THAT THERE WILL NOT BE A JURY TRIAL. You, NAW and HomeServe unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating in any way to this Service Agreement or from any other agreement between us, or the services or benefits You receive or claim to be owed from NAW or HomeServe, including as to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of NAW or HomeServe. [State variations: The following shall apply if inconsistent with any other terms and conditions of this Service Agreement:] [Xxxx] WSL210-00-00-NAW [XXX-XXX-xx-XX-XXX-XXXX-xXXXX] October 5, 2017 Regular Board Meeting Agenda Packet - Page 196 of 196