HomeMy WebLinkAbout03.a. Review draft Position Paper to consider whether to recommend Board endorsement of the sewer lateral insurance program being offered by Contra Costa Water District (CCWD), and allow use of Central San's name and logo on marketing materialsPage 1 of 31
Item 3.a.
iCENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: SEPTEMBER 28, 2017
SUBJECT: REVIEW DRAFT POSITION PAPER TO CONSIDER WHETHER TO
RECOMMEND BOARD ENDORSEMENT OF THE SEWER LATERAL
INSURANCE PROGRAM BEING OFFERED BY CONTRA COSTA WATER
DISTRICT (CCWD), AND ALLOW USE OF CENTRAL SAN'S NAME AND
LOGO ON MARKETING MATERIALS — OUTSIDE SPEAKERS: CCWD
AND HOMESERVE
SUBMITTED BY:
ANN SASAKI, DEPUTY GENERAL MANAGER
INITIATING DEPARTMENT:
ADMI NI STRATI ON -COMM SVCS AND
I NTERGOV REL
REVIEWED BY: ROGER BAILEY, GENERAL MANAGER
ISSUE
As Central San is the sewer service provider for a portion of Contra Costa Water District's
(CCWD) service area, should Central San endorse CCW D's program to offer customers the opportunity
to have sewer lateral insurance.
BACKGROUND
CCWD has been providing water line insurance through HomeServe to their customers since 2011. 1 n
2016, CCWD approached the City of Concord to offer a similar program for Concord sewer
customers. CCWD indicated that they invested a significant amount of staff time and took precautions to
alter the standard contract with HomeServe to maximize the benefit for the customer. CCW D began
offering sewer lateral insurance through HomeServe to their treated water customers beginning
in February 2017, which includes the City of Concord. CCWD indicated, as part of quality control
management for the program, that they distribute all marketing pieces themselves, they do not allow
HomeServe access to their customer list, and they collect the insurance premiums on their billing
statements.
CCW D's contract with HomeServe includes the following administrative stipulations:
1. CCWD will make all contacts with customers to solicit for the program and HomeServe will
reimburse for the cost of the marketing pieces.
2. CCWD will collect from customers the cost of the program which will be included on their bi-monthly
bills.
3. A maximum of three marketing pieces per year will be sent out, but this may be subject to change
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 3 of 36
Page 2 of 31
now that CCW D and HomeServe offer two programs.
4. HomeServe has only increased their rates for insurance once since 2011. By contract, their
increases can only go up by the amount CCW D water rates have gone up during that same time
period. (i.e. HomeServe's increase was only 6%, but they could have gone up by 16% because
CCW D's rates increased by 16% over that same time period.)
5. Customers are currently charged $10.99 per month for sewer lateral insurance.
6. CCW D receives 10% of all the revenues collected to cover administrative costs.
Endorsement of CCW D's program would allow Central San's name and logo to be used on future
mailings. No other action would be required by Central San.
ALT ERNATIVES/CONSIDERATIONS
There are a number of other national companies that advertise similar types of products that any customer
within Central San's service area can request. Central San could also elect to offer a similar program with
HomeServe or another provider. Offering a similar program would require administration of the program
and staff time. Central San's General Manager along with the General Managers of CCW D and East Bay
Municipal Utilities District are meeting in the future to discuss a similar program to serve the rest of Central
San's service area.
FINANCIAL IM PACTS
There are no financial impacts to Central San to endorse the program. The only financial impacts are to
CCW D and HomeServe. CCW D has staff assigned to the administration of the program, including their
call center that responds to customer inquiries.
COMMITTEE RECOMMENDATION
This matter was reviewed by the Administration Committee on September 28, 2017. The Committee
recommended
RECOMMENDED BOARD ACTION
[to be filled in after Administration Committee meeting]
Strategic Plan re -In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Foster Customer Engagement and Awareness
ATTACHMENTS:
1. Example Letter of CCW D's Outreach to Customers for Sewer Lateral Insurance
2. Example of CCWD's Website for Customers regarding Sewer Lateral Insurance
3. Marketing Agreement between Contra Costa Water District and Home Service USA Corp. - Dated
April 20, 2011
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 4 of 36
Page 3 of 31
-A1Wk1kttbh, CONTRA COSTA Board of Mrectors
GNINERNMEMEEM Lisa M. Borba, AICD
GUYAHMEW President
mm"" WATER DISTRICT
affim
Im
Connstance Holdaway
Vice President
CCWD has partnered with HEIS, a Better Business Bureau accredited company with an A+ rating, to
offer customers with financial protection from repair costs associated with an exterior water service
and/or sewer/septic line failure.
CCWD aims to provide our customers with valuable services. Therefore, we work on our customers'
behalf with HEIS to ensure that our customers receive the promised benefits of these plans. Please take
time to read the enclosed information including the eligibility requirements and coverage details, to
evaluate whether these plans are right for you and will meet the specific circumstances of your residence.
CCWD has approved the distribution of the attached documents with all costs covered by Home Emergency
Insurance Solutions. If you do not want to receive these offers, please contact us to be removed from any
fuLure mailings.
For more information about Exterior Sewer/Septic Service Line Protection and how a sewer/septic service
line breakdown could affect you, please call 1-888-300-5063 or visit CCWD's website (www.ccwater.com).
You can also contact me directly at 925-688-8059 if you have questions or would like to be removed from the
distribution of future mailings regarding this service.
Sincerely,
Dominic DeBellis
Customer Service Supervisor
DD:dmg
Enclosure
1331 Concord Avenue ® Concord, CA 94520 , (925) 688-8000 ® fax (925) 688-8122 ® www. cewater. coin
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 5 of 36
Response Requested Peel and affix this label.
0023
I I I I I I MIS I N 0 1 N 1 00 11 0 1 0 M I I I I IIS I I I I I M I I I I I I I I I I 1 0 1 a I I I I I I I I
Page 4 of 31
ID t ...... . ......
a -
e 7/21/17
Not Covered
** ATTENTION - Contra Costa Water District Customers **
This Protection is available, for efigNe Serv_City homeowner&
Benefit
® $12,000 annual) y with multiple service calls for covered repairs
30 -day wait period with a money -back guarantee
Monthly Rate: $10-99
Property Address: Sery — Addressl
Serv—Address2
city. Sery it
* * * Important
Take action to help protect the buried sewer/septic line on your property. Complete and return the enclosed
dor m—remernder to affix your address !abelor call 1-888-300-5063 to accept this optional coverage.
For fastest processing, please visit www.CCVVDo1ans,com,,
Please respond before August 25, 2017.
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Most- basic horneo�i�jnrE.,rs *9nS2P.1
Jranc_,1s-_. orj) �kcies d1c not cover
repair or replace rne n -i'll" due to norrnez,! wsar and tear oft'he
e.,der➢or sevfe/septic Hne.
Who is eligible for coverage?
An owner of both a, residential home permanently secured
to the ground and the land K is located on may be eligible for
coverage. Recreational vehicles or hornes on wheels and
properties used for commercial purposes are not eligible for
coverage. Your property is not eligible if you are aware of
any pre-existing conditions, defects or deficiencies `th your
exterior sewer/septc line, or have had any roots removed
from your exterior sewer/septic line prior to enroUrnent. If
you 'li
If your sewer/septic line fails,
finding help can be d'ifficult and
Time consuming.A ��� i /septii =laic
blockage oar i reakaae kran be complicated ar" d
r-•� ; r
Erol"` r�
CostaWater
�>�ater Dishlc a . is not responsible for
repairs. 1i u7, �L1rld i`tC si c �;f"�`€ �r1,eovvr`-e s �4 €s; 3?�.a ce i1 ? H€
�y l ;1 /�'' t r ..�' i �i} i rs s ;`�]r Y w;I �1�✓ C�] 13 vGl LTJ
l e \ x'-errsepf=c line oryo�prop�ii, f!. Now
you C.yi; i get optional � ov,� € age to pI o �c: yourself
l L ( l i o`� P� r% .1CT f o reQa'€" or- replace %h€S ilne.
Important Coverage Information: Eligibility: An owner of both a residential
home permanently secured to the ground and the land it is located on may be eligible
for coverage. Recreational vehicles or homes on wheels and properties used for
commercial purposes are not eligible for coverage. Your property is not eligible if
you are aware of any pre-existing conditions, defects or deficiencies with your exterior
sewer/septic line, or have had any roots removed from your exterior sewer/septic line
prior to enrollment. If you live in a development community with a condominium, co-op
or homeowners association, your exterior sewer/septic line may not be an individual
homeowner's responsibility, so please check with your association before accepting
this coverage. Benefit Details: Coverage provides, up to the benefit amount, for the
covered cost to repair or replace a leaking or permanently blocked sewer line, for which
you have sole responsibility, that takes wastewater away from the external wall of your
home to your utility's responsibility (connection to the main), or septic line that takes
wastewater away from the external wall of your home up to the point of connection to
the septic tank on your property, that is damaged due to normal wear and tear, not
accident or negligence. Repair or replacement of non-functioning grinder pumps is also
included. Not covered: Septic tanks; leaching fields; any non -conforming drain line,
such as basement or storm drain; and damage from accidents, negligence or otherwise
caused by you, others or unusual circumstances. Additional exclusions apply. Making a
Service Call: Your plan starts the day your form is processed, and there is an initial 30-
day waiting period before you can make a service call, giving you 11 months of coverage
during the first year. Upon renewal/reactivation (if applicable), you will not be subject
to a waiting period, Cancellation: You may cancel within 30 days of your start date for
a full refund (or less any claims paid if cancelled at any time after renewal/reactivation,
where applicable). Cancellations after the first 30 days will be effective at the end of the
then -current billing month, and you will be entitled to a pro -rata refund less any claims
paid (where applicable). You may also contact Home Emergency Insurance Solutions
to cancel if you find your utility or municipality provides similar coverage to you at no
h d I'II f d I s an claims aid Awhere a Iicable} Renewal
EXPLAINED
Take the Worry Out of Repa�irs
U11arge, an you wl receive a re un es y p pp
Your coverage is based on an annual contract and is billed on a bi-monthly basis .-.o ff' , Licensed and Insured e d
through your utility bill. Your service agreement will be automatically renewed annually
on the same payment terms you selected at the then -current renewal price.
To see full Terms and Conditions with complete coverage and exclusion details prior
to enrolling call 1-888-300-5063 or no to www.CCWDr)lans.com. Home Emergency 24 -Hour � � �� Repair
Insurance Solutions, with corporate offices located at 601 Merritt 7, 6th Floor,
Norwalk, CT 06851, administers Exterior Sewer/Septic Line Coverage as an authorized
representative of AMT Home Protection Company, 2200 Highway 121, Suite 100,
Bedford, TX 76021. It is an independent company, separate from CCWD, providing
emergency home repair services and protection solutions to homeowners across the
U.S. CCWD has entered into an agreement with Home Emergency Insurance Solutions
to offer this program as an optional service to CCWD customers, Your water service
will not be affected in any way if you choose not to participate in this program. If you
would prefer not to receive solicitations from Home Emergency Insurance Solutions, o
rr
please call 1-888-300-5063, M1
n
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7 Special ADMIN Com ttee'.-Me e1 g Agenda Packet -gage 8 of 36
The illustration shows the exterior sewer line that is your responsibility as a homeowner. Also .shown are repairs
that are performed on this line and how much a licensed and insured contractor would typically charge a
homeowner for repairs. How would you cope if it happened to you?
With optional Exterior Sewer/Septic Line Coverage from Home Emergency Insurance Solutions, it's not
something you have to worry about; you'll benefit from a priority response and no bill to pay for covered
repairs, up to $12,000 per year.
= Coverage also includes the septic line, from the external wall of
- your home up to the point of connection to the septic tank on
_ your property. Septic tanks and leaching fields are not covered.
-'
_ (National average repair costs as of January 2016. No charge
co for covered repairs up to your annual benefit amount.
Sign up for
Exterior Sewer/
peptic. Line
Help tettur finance it coverage
r t r i that removes
from your home,
For just $10.99 per month, you can ensure [hat
sewer/septic line protection is just one
call away.
With coverage you receive:
NO BILLS TO PAY FOR COVERED EP A I� :_:
• Don't pay any bills for covered repairs to
repair and replace your service line, up to
$12,000 annually (30 -day wait period witl i d
money -back guarantee).
• You can make multiple service calls per yep ir, .11.E
to your annual benefit amount.
24-HOUR9 365 DAY -A -YEAR REPAIR � fl O�.�is Ii .:.li li `l F
24-hour Emergency. Repair Hotline is-�v:�il��I
you 365 days a year:
Priority response ----an insured contracl:oi will l ��
dispatched promptly to your home.
Enjoy professional, reliable assistance -lrur �
locally licensed and insured contractor -
30 -DAY MONEY -BACK
Accept Exterior Sewer/Septic L- ne Cover,--ig It 1,
if in the first 30 days you decide that this
is not for you, you can cancel and receive a
complete refund.
Replace sewer/ Replace collapsed Unblock sewer/
septic line $3,929 section of sewer/ septic line $238 ONE-YEAR GUARANTEE
Plan Members: septic line $1,249 Plan tiers: All covered repairs are guaranteed for one h illNO CHARGE*
Plan Members:, # against defects in materials and workman,,l-iil-:t.
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Page8of31
ACCEPTANCE FORM
Blease correct name End address in o ma -icy below: if necessary �e�c<<a s�s�rn1 0 ]ice;.
3y providing nay e_ -mail address ➢req yes that my current;r -5_ = eco rac s n� anti e -e ocu nee s be dv ll.�ursLs ; e� rs�-sl -9nd a c'-�,:r�,'�1adge the _ ➢cin
access these documents. 1 may request a paper copy of t iiy con�Uacli. or any related documen't's end electronic delivery o; use`: ats = i -.,w ewM� it -E'.dd;'ess by simply
calling ➢-lame Emergency Insurance Solutions.
co
co
C\j YES, please sign me up for Exterior Sewer/Septic Line
Coverage from Home Emergency Insurance So'Ujons and
indude the 1Do 0 monthlycharge, plus any applicable taxes,
on nay Contra Costa water District bill. l understand that this
optional coverage is billed of 7 a bi-monthly basis and bated on
an annual contract that will be automatically renewed annually
at the then -current renewal price. I have the option to cancel
this contract at any time without additional cost to me by calling
° 1-888-300®6063. I agree Contra Costa water District may share
(0 my data, including my account number, with Lorne Emergency
Q
Insurance Solutions to process enrollment and billing. 1 confirm
that I am the homeowner and have read the information in this
M,package and meet the e
li ibirequirementsutrement for this coverage.e
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REFERENCE CE NUMBER
El Check here if you would like to be notified when we have
additional offers complementing the service you purchased.
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 10 of 36
Exterior Sewer/Septic Line Coverage for Pleasant Hill, CA
T 7 .1, 1 1- a t c a rri
Th e b u rigid s ewer/s ep, 1 'C 1:! 1.-1 e o n yo ii r p ro pe- rt,yes waste away f rom yo u r home ca n a ge, c rac k or lea k d u e to
L
sirriple wear and tea ,f., tree roots or s ifting gr,,--,-.ind. This line can also get blocked and cause waste water to backup
iritLo %=r home- Most basic homeownecs -insurance doesn't cover rep a-irs to this line a n as a homeowner, you could
faCe expens r.; -e repair or replacement costs-
�Vith a repair plan from Horne Emergency Insurance Solutions, you can get protection from time-consuming and
expensive re pa irs. "Exterior SewertSepti't- Line Coverage includes the emergency breakdown costs of reci` ring a
clogged sewer line, collapsed sewer line section andi ?&r a cloriged septic line up to the annual benefit amount -
In pu rtners h i p \� q -h CONTRA COSTA
Contm Costa Water Distfict WATER DISTRICT
Replacement of a sewer/septic fine
can cost thousands of dol lars-t
If your seer aseptic line falls, it can cause:
:i clop ed/b.ncked up d ro i ns inside you r h a rn e
pe flooding i n your basem ant
backed upirn your yard
As a -:,i�i%h� er/septi.c lln� oges, it bac opm�s gven
M Ore like'Y to 'Lla kr C log or b ria k. Be ready f o F th,,�
u n expected with a repair p I a i fro m H om eServ.2
USA a i~ d peep wh at's ii it d erg ro u nd covered -v%f it li
tr O
.7 hotlire,-.,er�? you can
access o ou24...
L
erior sevvef/septic
scliedJe a Tr=?pai ryour ex L -D
I i ne.
IM Terms & Conditions
Hover to learn more
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 11 of 36
ONLY $10.99/month
-or- ContinueS�,Opping >
Your plan includes:
* 5121,0 00° an n ual ben efit a mou nt
* 30-d ay wciit period with a rnor�ey- bo c lk g u a ra ntee
* Nlulfiple service ca I Is,
CONTRA COSTA
IATR DISTRICT
1 331 Concord Avenue
P.O. Box H2O
Concord, CA 04524
(925) 688-8000 FAX (925) 688-8122
www.ccwater.com
Directors
Joseph L. Campbell
President
Carl L. wand r
Vice President
Bette Boatr un
Lisa M. Borba
John A. Burgh
Jerry Brown
General Manager
►jvril 21, 2011
Mr. Peter Buttrick
meS r '
750 E. Main Street
Stamford, CT 06902
Page 10 of 31
Via FedEx
Subject: Marketing Agreement between Contra Costa Water District and
Rome Serviee USA Corp. - Dated .April 2, 201 1
Dear Mr, Ettrick:
The above referenced agreement has been fully executed and an original is enclosed
for your files.
If you have any questions, please contact Dom DeBellis at (925) 688-8059.
Sm* rely,
Dorm M. Grime
Administrative Secretary
mg
Enclosures
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 12 of 36
Page 11 of 31
HOMESE VICE USA CORP. MARKETING AGREEMENT
This Marketing Agreement, commences and is effective as of the "Effective Date" set forth on the
signature page and is between Home Service USA Core. dba HomeServe, a Pennsylvania
corporation ("HomeServe"), and the Contra Costa water District "District' both with offices
located_ as set forth in Part Two - Exhibit D {together "the Parties". Terms used as defined
terms that are not defined have the meanings used in Exhibit A hereto.
HomeServe is in the business of providing residential emergency repair products and services for
domestic infrastructure and related systems for the home and property directly and through
independent contractors and has invested, and will in the future invest, significant resources in
the development of the Program. District is the provider of water services and complementary
services to approximately 50,000 residential households in the Contra Costa County, area of
California. District wishes to engage HomeServe to offer Exterior Residential Service Line
CERSU) Produ t to' its Customers. In consideration of the foregoing and the mutual covenants
contained In this Agreement, The Parties agree as follows:
ExclusiveAPi tr rpt. District grants t HorneServe the a lusive right during the Terra,
to sell, administer and operate the EFSL Product to Customers in the Treated later Service
Area. In addition, during the Terra, District shall not itself or through any affiliate, and it small not
contract with, represent or associate with any other person in the marketing, promotion or sale of
any exterior residential service line product to Customers in the Treated water Service Area that
is the same as, comparable to, or which otherwise would compete with, the Product or the
Program. HomeServe agrees that it will not market or promote to Customers in the Treated Water
Service Area any other products using District Marks unless the Customer specifically requests it
on the application form, or without the express written consent of the District.
. Specific Obligations of the Parties. Certain specific obligations of the Parties are set out at
Exhibit B to this Agreement.
3. Intellectual Pry ert ; Customer Data; Member Data and Customer Agreement
ownerr a
3.1 District grants to HomeServe the right to use District Marks that are identified on
Exhibit C and all other customer facing brands and Marks that District uses or adopts
from time to time, present and future("Marks") for the operation of the Program and the
administration of the EI SL Product during the Terra of this Agreement. To the extent
District perforans any marketing and sale activities of the Product in the Territory as
permitted by this Agreement then HomeServe grants to District the right to use
HomeServe's Marcs that are identified on Exhibit C "HomeServe Marks") for such
purpose during the Terra of this Agreement. Goodwill generated by use of the Marks
shall Inge to the owner or licensor as applicable) of such Marks. Both Parties agree
not to use the pilaris in a way that brings or is likely to ging the other into disrepute, to
market other Products or services without the owner's prig written consent and
authority, and no Party shall claim any right, title or interest in the other's Marks. Marks
must be used in accordance with Exhibit C.
3,2 Notwithstanding Section 11, HomeServe shall not be required to recall or amend any
Customer Agreements or marketing material in force or circulation at the termination of
this Agreement solely to remove references therein to District or its Marks.
3.3 All documentation entation (and any related intellectual property) relating -to the Products and
the Program as operated by HorneServe shall remain the property of HorneServe.
3.4 Except when District is assisting HomeServe with Member billing and collection, District
shall not provide Customer Data to HomeServe for use by HomeServe in furtherance of
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 13 of 36
Page 12 of 31
_2_
the advertisement, promotion and operation of the Program and the advertisement,
marketing, sale and administration of any additional Product. As between the Parties
Customer Data to the extent it does not become Member Data) is the exclusive
property of District.
3.5 Member Data is the sale and exclusive property of HomeServe. HomeServe shall be.
under no obligation to provide Member Data to District. District has no rights in
Member Data to the extent it is not Customer Data). Only HorneServe shall be entitled
to use the Member Data to offer a renewal on expiry of each Customer Agreement,
subject to compliance with Section 4. Customer Agreements are the sole and
exclusive property of HomeServe and District has no rights therein.
. Corte nation To District. In consideration of the District's obligations hereunder,
HomeServe shall pay a Net Commission to District. The Net Commission shall be paid as to all
periods during the Term and, if District performs billing services as provided in Section 5 then it
shall also be paid during the Run Off Period. The term `Net Commission" shall rnean10% of the
payments actually received from Members ("Customer Agreement l=ees" under any new or
reneging Customer Agreement, net of any discount, rebates, refunds or sales tax paid-, will be
paid to District.
t Member Billing and ent Responsibilities
5.1 District shall bill Members for Customer Agreement fees by lire -item charge on
the bi-monthly bill. District shall advise HomeServe of Members who do not make payment in a
timely fashion and HorneServe may in its sole discretion terminate the Customer Agreement for
any Member that fails to pay as HorneServe determines. On or before the 15 th day of each
calendar month District shall provide a Commission Statement to HorneServe. The Commission
Statement shall be accompanied by payment to HomeServe of an amount equal to the Customer
Agreement fees collected by District, less the Net Commission due for that month. HorneServe
shall have the right, upon at least 10 days prior notice and during normal business hours, at its
cost, to audit and inspect District's records relating to billing and payment made pursuan.t to this
Agreement subject to any District's safety and security requirements and procedures.
6.2 If District does not provide billing services as described in Section 5.1 above,
HomeServe shall bill Members Customer Agreement Fees in accordance with HomeServe
normal practices and may, in its sole discretion and to the extent permitted by Law, deliver
reminder statements, employ other payment collection methods, or terminate the Services for any
Member that falls to pay as HorneServe determines. HorneServe shall submit to District each
month, by the 1 h of the month, a Commission Statement of the Net Commission due from
Members for the previous month for each month during the Terra and for any period that Net
Commissions ions are -owed, hereunder. This shall be accompanied by payment of the Net
Commission. District shah have the right, upon at least 16 days prior notice and during normal
business hours, at its cost, to audit and inspect HorneServe records for the limited purpose of
confirming amounts due it under this Agreement subject to any HerrieServe safety and security
requirements and procedures.
. Confidential Information.
6.1 Each Party and its affiliates "Recipient" shall keep secret and confidential the
Confidential Information of the other Party and its affiliates "Discloser") that is
disclosed or obtained pursuant to this Agreement and shall protect such information
with at least the same security measures and degree of care as it would in respect of
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 14 of 36
Page 13 of 31
its on Confidential Information and shall use such Confidential Information only for
purposes of this Agreement. Recipient shall not disclose Dis l ser's Confidential
Information except to those employees, directors, officers, employees and consultants
("Representatives") who need access to such information to effectuate this Agreement
and where such disclosure is made, shall do so subject to the confidentiality obligations
herein. Recipient is responsible for the acts or omissions of its Representatives t
whom disclosure is made. If Recipient is required by any legal process to disclose
Confidential Information of Discloser, it shall give Discloser prompt notice thereof so
that Discloser may seek a protective order or other appropriate relief.
6.2 This Article 6 of the Agreement shall remain in effect with respect to any particular item
of Confidential Information until Recipient ipient can document that it falls into one of the
exceptions stated in definition (except for trade secrets, which shall be held in
confidence for so long as they are protected under applicable laver as trade secrets).
6.3 Notwithstanding the provisions of the preceding subsections 6.1 and 6.2, District i
required to comply with the California Public Records Act. In the event that District
receives a request under the California Public Recbrds Act for any Confidential
information received from HcmeServe, District shall promptly notify H meServe of
such request prior to release of such information so as to enable HomeSer e to seek
court order protecting such Information from disclosure. It is understood that District
cannot withhold Information beyond the legal timeframe required for responding to a
Public Records Act request.
7. Representations and Warranties. Each Party represents and warrants to the other that i it
has the full pourer and authority to enter into and perforin under this Agreement; and ii there are
no agreements or commitments or Law that wouId prevent it fro carrying cut its obligations.
8. Indemnification. Each Party("Indemnitor") shall indemnify, defend and hold the other Party
and its affiliates "Indernnitees" harmless from and against all Losses suffered by the
indemnitees as a result of i any breach by Indemnitor of any of its representations, warranties or
covenants herein; ii any negligence, gross negligence or wrongful and intentional conduct by
Indernnitr in connection vith this Agreement or iil any threatened or actual claim that. -the Marks
furnished by the Indemnitor under this Agreement infringes on any third -Party trademark, service
mark, or other intellectual property right or similar right..
. Disclaimer; Limitation of liabillay. EXCEPT AS PROVIDED HEREIN AND TO THE
FULLEST EXTENT PEI MITED BY LAW, NEITHER PANTY MAKES ANY WARRANTY
RANTY
REGARDING DING THE PRODUCTS OR THE PROGRAM, OR iTS PERFORMANCE UNDER THIS
AGREEMENT AND ANY IMPLIED WARRANTY IS EXPRESSLY DISCLAIMED. THE ONLY
WARRANTIES ARE AS SPECIFICALLY PROVIDED HEREIN. THE MAXIMUM AGGREGATE
LIABILITY OF HOMESERVE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT
WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE SHALL BE TWO
MILLION DOLLARS. NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, PUNITiVE, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST
REVENUES OR LOST PROFITS HOWSOEVER CAUSED. The preceding sentence shall not
apply to such damages as may be asserted by a third party that are covered by Section 8,
Indemnification.
10. Term and Termination. This Agreement shall commence as of the Effective
Date and shall continue for a period of three 3 gears from the Mailing Date "Initial Terra" with a
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 15 of 36
Page 14 of 31
� 4 -
mutually agreed option to renew for one additional two - year terra ("Renewal Term" (unless
terminated early in accordance with this Section 10). Either Party may terminate this Agreement
immediately by written notice to the other where: a the other commits a material breach of the
Agreement that is either incapable of remedy or, where capable of remedy, the Party so in breach
fails to remedy that breach within 45 days of being so notified of it; or b the other Party
experiences an Event of Insolvency. For purposes of the preceding sentence, the failure of
HorneServe and/or its subcontractors to strictly comply with the "Specific Obligations and
Agreements of the Parties" attached hereto as Exhibit B and/or "Contra Costa Vater District
Terms and Conditions for Work Scope" attached hereto as Exhibit i, including without limitation
the response times and Service Standards set forth therein, shall comprise a material breach of
this -Agreement. HorneServe may terminate this Agreement effective upon notice to District if the
acts or omissions of District or its employees, agents or subcontractors cause HorneServe to
suffer any fine or other disciplinary process from any regulatory authority or if, due to the
imposition of any rule or regulation by a regulatory authority, the continued operation of the
Program would have a material and adverse financial or business impact on Hoy eServe.
11. Effect of Termination. Upon termination of this Agreement (and subject to Section 3.2): a
each Party shall, at the other's option, return or destroy, (and provide a written declaration of such
action), all materials bearing the Marks and Confidential Information of the other Party; b neither
Party shall hold itself out as being associated with the other; and c the Parties shall continue as
to billing and payment to the extent provided on Exhibit B. Termination shall be without
prejudice to the rights and obligations of the Parties accrued prior to termination and shall not
affect the operation of any, provision of this Agreement that is intended to survive termination.
12. Insurance. Each Party small m airntain for the Terra and for a period of 1 year thereafter, at its
cost and with reputable insurers, comprehensive general liability insurance and such other
insurance that is reasonable and appropriate for the nature and extent of the business carried on
to corer its risks and potential liability hereunder.
13. Miscellaneous. ,
13.1 The Parties shall be independent contractors and neither Party has the right to incur
any liability or obligation (express or implied or act in the name of the other.
13.2 Neither Party shall assign the benefit, or delegate the obligations of this Agreement to
any third party without the prior written consent of the other; except that a
HorneServe may assign and delegate its obligations hereunder to subcontractors, so
long as HorneServe remains primarily liable under this Agreement; b HomeServe may
assign and delegate its rights and obligations hereunder in connection with a sale of all
or substantially all of it business to a third party that is of comparable financial stability
and capability as l-lorneServe as reasonably determined by District; and c
HorneServe may assign and delegate its rights and responsibilities hereunder to an
affiliate of l-IorneS rve.
13.3 No failure or delay to exercise rights hereunder shall operate as a waiver and no single
or partial exercise of such rights shall preclude any other or further exercise thereof.
This Agreement (together with the contents found in all Exhibits is tine entire Agreement
between the Parties and supersedes any previous agreements between the Parties
relating to the same.
13,4 if a provision of this Agreement is held by any court or competent authority to be illegal
or void in whole or in part), then such provision shall be excluded, and the remaining
provisions shall be interpreted as if such provision were excluded.
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 16 of 36
Page 15 of 31
_ 5 -
13.5 This Agreement, and the rights and obligations hereunder, shall be governed by and
construed in accordance with the lags of California. The Parties submit to the exclusive
jurisdiction of the Federal and state California courts to resolve all disputes under this
Agreement and consent to service of process in any manner permitted by those courts.
Notwithstanding this, prior to commencing any proceedings in any such court, the
Parties shall use their good faith efforts to resolve any dispute under this Agreement by
negotiation for a period of at least 30 days; which negotiation shall involve senior
management ent of each Party. Notwithstanding this, neither Party small be precluded from
immediately applying for injunctive or other equitable relief before a court of competent
jurisdiction and nothing herein shall affect a Party's right to terminate this Agreement
13.6 Notices and communications that are to be given under this Agreement shall be in
writing and delivered to the Parties at the addresses specified at Part Two Exhibit D.
13.7 A Party shall not be held to be in breach of this Agreement ent by reason of Force Majeure.
The nonperforming Party shah be excused from performance while the event continues
provided that it takes all reasonable steps to resume full performance as soon as is
practicable. Force Majeure shall not entitle a Party to withhold or delay payment.
13.8 This Agreement may be varied, modified or altered only by written agreement duly
signed by both parties. This Agreement and any such written amendment may be
executed in counterparts.
13.0. After expiration or termination of this Agreement, those provisions that specifically
provide for survival beyond expiration or termination, and all provisions, if any,
regarding indemnification, warranty, limitations of liability, and confidentiality shall
survive indefinitely or until the expiration of the time period specified elsewhere in this
Agreement with respect to the provision in question.
13.10 This Agreement shall not confer any rights or remedies upon any person other than the
Parties and their respective successors and permitted assigns.
13.11 Each of the undersigned individuals represents and warrants that he or she is
expressly and duly authorized by his or her respective entity to execute this Agreement
and to legally bind such entity as set forth herein.
13.12 The Parties agree that they have participated jointly in the drafting and negotiation of
this Agreement and that the language of this Agreement shall be construed as a whole
according to its fair meaning and no presumption or burden of proof favoring or
disfavoring either Party will exist or arise by virtue of the authorship of any provision
hereof.
13.13 Neither Party may issue any press release relating to the subject matter of this
Agreement- without the prior written approval of the other Party.
[remainder of page intentionally left blank -Signa#ure page to follow].
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 17 of 36
Page 16 of 31
M
SIGNATURE PAGE TO MARKETING AGREEMENT
IN WITNESS WHEREOF, the Parties hereby enter into this Marketing Agreement as of the
Effective Date written below as a legally binding agreement.
EFFECTIVE DATE OF THE AGI E MENT:Aft'l Ar I
CONTRA COSTA WATER DISTRICT.
B, w
i
Br n
Name/Title: neral Manage
Dade: t
APPROVED Ate TO YORM
DISTRICT COTINSUL
HOME SERVICE USA CORP.
r
Name/Title:
Date:
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 18 of 36
Page 17 of 31
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 19 of 36
EXHIBIT A
Definitions
"Commission Statement"
reams a statement produced by the Party collecting payments from Members which
includes a reasonably detailed calculation of the Net Commission payable for the
applicable month and is otherwise on such fora and with such content as the Parties
"Confidential Information"
agree.
means any nonpublic information of a Party or its affiliates, Including the terms of any
agreement between the Parties, and any trade secrets, technical, business, sales and/or
marketing Information, Customer and Member and potential Customer and potential
Member lists and identities, Product and Member claims information, sales plans,
inventions, developments, know-how, methods, techniques, formulae, data, and
processes, whether or not protectable under Law, and any other information marked a
Confidential Information, which is shared between the Parties in any medium. Confidential
Information does not include information which: i) is in the possession of the Recipient at
the time of disclosure; ii prior to or after the time of disclosure becomes part of the public
domain, not as a result of any Inaction or action of the Recipient; (iii) is approved for
release b the Discloser 1n writing, Iv i received without restriction frorn a third Party that,
to the Best knowledge of the Recipient, did not have an obligation of confidentiality to the
Discloser or 11 was lade endentl develo ed by Recipient.
"Contractor"
If retained or dispatched by HomeServe, has the same meanie as "Subcontractor' below
"Customer"
means any person who is a homeowner or tenant of a residential property to which Distrilct
su p p lies District and/or ether services.
"Customer Service"
means, without limitation, providing accurate information pertaining to the Program,
providing HomeServe's toll free number, providing assistance with completion of a
Customer Agreement application and to Customers requesting Service(s) under
Customer Agreement.
"Customer Data"
means the name, postal address, residential telephone number, account number or unique
identification number, and, if available, email address of Customers.
"Event of Insolvency"
means circumstances in which a Party has a receiver or similar person appointed for its
property, becomes insolvent, ceases to do business, makes an assignment for the benefit
of its creditors or files a petition under (oar is the subject of. an involuntary petition in
bankruptcy or undergoes a similar evenf .
Residential esidential Sergio
--
means coverage for the cost of repair and/or replacement of the Customer's water service
Line Product"
line from the meter to the louse, as well as labor and materials to complete all repairs
and/or replacement.
"Force Majeure"
means, but Is not limited to, an act of God, delay in transportation, fiat flood, earthquake,
storm, war, act of a public enemy, act of terrorism, civil commotion, telecommunications
failure, a change in any Law or other action by any public authority, or any other ,natter
reasonably beyond such Party's control and not due to the ne li ence of such Party.
"Law"
means any federal, state or local law, statute or ordinance and also any rule, regulation or
order issued by anygovernmental authority.,
"Loss" and "Lasses"
means all damages, losses" claims, demands, suits, actions, expenses, costs and
liabilities, however described or denominated but shall not include the portion of any such
loss, liability, diminution in value, cost or expense that could have been avoided through
commercially reasonable efforts to mitigate by the Party incurring the Loss.
"Mailing Gate',
means the date on which the first advertising or (marketing materlal is ,nailed or published
under this Agreement,
"Marks"
means the trademarks, service (,narks, names and logos as set out at Part Two Exhibit C,
as amended from time to time.
;ifsember"
(means an Customer to whom a Customer Agreement is issued.
"Member Data"
means the name, address, residential phone number of a Member and all other
information about a Member obtained b or throu h HomeServe under this Agreement.
"Prevailing wages$$
Prevailing wages are administered by the State of California Department of industrial
Relations and defined in Section 16100 of the Code of California Regulations, , Title 8,
which is attached as Exhibit G.
"Products"
The initial Products are listed on Exhibit B.
I&Pr rain"
means the exterior residential service line services offered to Customers in the Territo .
"Services"
means the emergency repair service performed for a Member pursuant to a valid and in
force Customer Agreement.
Subcontractor
Means a plumbing contractor (and its technician employees) within Home ery °s
Subcontractor Network
"Customer Agreement"
means the agreement for a Product between HomeServe and Member, the terms of which
shall be determined b HomeServe from time to tune.
"Third Warty"
means any person who is a homeowner of a residential property to which District does not
$up istrict services in Territo
"Treated Water Service
Means the territory identified in Part One Exhibit D,
Area„
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 19 of 36
Page 18 of 31
EXHIBIT
Specific obligations and Agreements of the Parties
. b1strict Obligations. District shall facilitate the Program and the promotion, marketing
and sale of the Product to Customers within the Treated Water Service Area. District shall:
1. .1 provide such assistance as is necessary to enable HorneServe to provide the
tSL Product using District's name and Marks (defined below);
1'. 1.2 provide production and approval to the marketing, advertising and sale of the
ISL Product and assist with training District's staff with regard to Customer
Service matters; and
.1.3 to the extent permitted by Law, include HomeServe advertising for the marketing
and sale of the E SL Product in mailings to Customers and provide Horn Serve
with Customer Data to facilitate billing and collection; and
.1.4 if providing billing services under Section 5 of the Agreement, use commercially
reasonable efforts to assist in the implementation of any changes to the Term
and Cohditions or Customer Agreement Fees charged to Members.
2. HomeServe Obligations. HomeServe,
�. .' shall monitor compliance by its contractors and employees with HomeServe's
regularly established service standards as in effect from time to time; and shall
cause such persons to perform all services to Members in a competent and
courteous manner. If any Subcontractor performs work under the Agreement for
which the general prevailing wage has been determined by the Director of the
Department of Industrial relations, consultant or subcontractor shall pay the
prevailing gage for such work and shall comply with all applicable provisions of
the California Labor Code Section relating to public words (Section 1720 .
2.1.2 shall provide District with a quarterly performance summary (Exhibit J);
2.1,3 shall use commercially reasonable efforts to ensure that adequate financial and
human resources are available for the operation of the Program;
2. 1.4 shall_ conduct the Program, administer the Customer Agreements and sell the
SL Product in accordance with Law;
2.1.5 may engage subcontractors, outside vendors, insurers and consultants to
perforin any of HomeServe's obligations hereunder, including, but not limited to,
any claims handling responsibilities. HomeServe shall be permitted at its sole
discretion to change the obligor for insurance purposes on the Customer
Agreements, but must ensure that any subcontractor, outside vendor, insurer and
consultant performing any services on behalf of, HorneServe must demonstrate
and provide the same level of insurance coverage noted in Section 12 of the
Marketing Agreement; and
:.trictadsetes'hag . ...:t ....:eneappr 1::f -:of '
2. rj, : j p t ti�
for -coverage --un er--th'e.:l r - r . : i.n : pr ante .ith::.Customer::: rr r .::: .rrr s
and...cond i ion .: .::: n ::a t-.:- t :t ' eed '---3 "5%' per ,year,::or in ot increase on
P... p::: year .a i ,the mite -- a b'"' ncrea ed n a curnulat�v acts n : d'
'1 %'.:'et t 6.:send :of.th Term : r vided :th t::.Hb n $ r ':s.':r ta':-ih rea e -s
a�� � t
co �nd''i r tl .:..t .::. � tri t . rat r .r .o .:. f r'::tr tod -Vat r' l.iver.y.::�nri lr� s
:. rt .:::.Sjive.'.�.c..ustomers...:,..h6tific6tir�.:::::.:rrese
:rlp::rrn:.'. , ' t
r rig the ::: o 'days. : pri o r foiiowi ng the effective date �� f 0i' of s
increases .for treatedwater delivery within its service area; : nd HomeServe 'shall
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 20 of 36
Page 19 of 31
establish and may, subject to mutual consent by District, change the teras and
conditions of the Customer Agreements.
.1.7 Compliance with Laws and Regulations. In the performance of the Agreement,
HeServe will require that all contractors that it dispatches to perform
residential service line repairs under this Agreement comply with all applicable
laws, statutes, ordinances, rules and regulations whether Federal, State or local,
and it shall ensure that all contractors pay prevailing wages for the area in which
the work is performed, and comply with the CCWD Contractors Safe Practices
Handbook at all times when present on CCWD customer property or at the site(s)
f public works being installed, altered, repaired or removed. HmeSere shall
review its contractors' compliance with this prevailing gage requirement on an
annual basis, and shall provide documentation supporting the payment prevailing
wages by its contractors in response to the Distri ccs requests. In the event that it
is determined that a contractor is not paying prevailing gages or otherwise is not
operating in accordance with its contract with Horne Serve, H rneServe shall
cease to dispatch that contractor, and shall forthwith remove that contractor from
the pool from which contractors are drawn, to perform residential service line
repairs under this Agreement. Without limitation upon any other provisions of
this Agreement, HomeServe's failure, in accordance with the preceding
sentence, to timely remove a contractor from the pool from which contractors are
drawn to perform residential service line repairs under this Agreement small
comprise a material breach of this Agreement.
. Additional Responsibilities of the Parties.
3.1 The Parties shall aftend such meetings as are agreed between the Parties from time t
time and shall each designate a management employee to serge as the contact person
with the other Party for all activities under this Agreement.
3.2 The Parties shall market the E SL Product in accordance with a marketing plan to be
prepared by H meServe and agreed to by District ("the Marketing Plan") and the
provisions of Part One Exhibit C.
. The Product offered under this Agreement are as follows;
Exterior F esidential Service Line
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 21 of 36
Page 20 of 31
Exhibit C
Marketing/Marks
Part one; Marketing
. Ho eServe will be permitted at its discretion) to dispatch to Customers through the
District at least four direct mailings In year one and three 3 direct mailings per year
in years two and three and during each year of the Renewal Term, if applicable,.
HrneServe will work with District staff to provide pre -packed marketing materials for
direct mail to Customers pre -approved by the District, such reference to be in the form at
Exhibit E attached hereto or such other form as may be proposed by HorneServe and a
acceptable to the District); once said marketing materials are agreed by both Parties,
District will provide H meS rve with an estimated production Cost. The District shall
attach address labels, which it shall provide, and will be responsible to mail all such
materials within seven 7 dors of the approved date, with H r neServe reimbursing the
District for all production and postage costs incurred in said mailing and production costs,
should District produce said marketing materials. After production is complete,
HomeServe shall have the right of final approval before materials are dispatched to
Customers.
2. Marketing materials to be delivered by District to Customers are subject to approval by
H meServe, provided that in all cases approval shall be deemed given unless
H meServe objects (ire reasonable detail) to any proposed marketing materials within 1
days of receiving the proposed marketing materials.
3. IrneServe agrees to reimburse District for the actual costs it incurs in providing
assistance pursuant to paragraph 1.
. District will provide HomeServe with a link from District's web site to Hor eServe web site
as a convenience to Customers.
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 22 of 36
Page 21 of 31
Part Two: Marks
District M rk
HomeServe Marks:
HomeServe -
HomeServe USA
Home Service
Horne Service USA
Ho eServe USA
HizmeSq=rve.
Specific uirements on Use of District Marks:
Sr)ecific F ea ireme is on use . o eServe Marcs:
Red
PMS 136U, PMS 1860
C=O, M� 100, Y =81, K�
=100, G�0, 13=63
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 23 of 36
Page 22 of 31
-12-
Exhibit D
Part one: Territory
Any single-family residential Customer in the Distr'ict's Treated Water Service Area.
Part Two: Notices
HomeServe District
m Ser e USA Corp.
750 East Main Street, Suite 850 [insert details]
Stamford, CT 06902 Contra Costa Water District
Attention: Chef Executive Officer
'(203)-�' � Conor Ave.�:
Email: jonathan-king@homeserveusa.com Concord CA 94520
Attn: Dominic De eliis
Office: 925-688-8059
Fax 925-688-8122
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 24 of 36
"1
Exhibit
Samples of marketing materials
A \'CONTRA COSTA
WATER DISTRICT
OW
---------------------------------------
t
------------i-----------------..-----
t
Y }
- _----:_. -- -- -•- - - -- -- - -- --, _----.. -- ---
�
PAD
UAaEOMW
Page 23 of 31
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 25 of 36
CONTRA COSTA
WATER DISTRICT
From the desk of:
Jerry Brawn
General ManageT
Contra Costa Water District
An Important message for Centra Costa Water District customers.
At Contra Costa Water District, vire value our oustorners, which is vvhy we ere
passing along the enclosed information about how to protect yourself from repair
costs associated Wth an oxterlor water service line failure. Repairs to this line are
your financial responsibility as the homeowner. However, as a Contra Costa Water
District customer, you are eligible to unroll to Exterior Residential Woter er ica
Line Insurance offered by Horne Emergency Insurance Solutions.
Please take sornetime to read the enclosed information and if you have any
questions about this protection, please call toll-free 1-XXX-XXX-XXXX.
,ferry Brown
General Manager
Contra Costa Vater Distrlt
BS0W17_0MV&C0eG_j 1t 1nCU 1
VIALU Xjt
srsi3 ID10AM I
Page 24 of 31
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 26of36
Page 25 of 31
-�5-
Important I nfonnation for Water Customers
Respond by: Month XX, 2011
Ike: Exterior Reis i9ntial Water Service Lino Insuran a AvaiIarbie to Residential Customers
Dear Customer.
This letter contains irnportant inforrnafton about yourr responsibilities a9 a horneowner in the event of art
emergency with your exte»or water service line.
The exterior water service life that runs under your pro Percy from the Contra Costa lamer District (CCWD)
service connectlon to your home is your responsibility as the homeowner: if you were u11;nfortunate enough
to suffer a break or burst itn this line, it wouId be Lip to your to find a plu i nbeir and to get the Ieal repaired,
BecaUS6 V 1) wants its cus tourers to have the best possible service in the case of a outer sere' lige
erne rgenc , they acre working with Home Emergeney Insurance 8 alutions to offer custo m e rs a new
service —Exterior Residential Water Service dine I ns ur'ance. For leas than $5 a month, this sear€ce will
provide you with 24 7, 365-d ay -a -ye a r ernergency repair se. rvice for youIr anterior water service line.
With covers e, a qulaFlified plumber gill be dispatched to your home and we wriII pay the bill directly.
o01 receive u p to $3,000 of coverage per service call up to a total of four se rvice calls per gear. There
are no deductible or bills to pay for covered repairs.
Vyou1 would like to sign up for this program, simply complete the attached form below or call toll-free
1 -XXX-XXX-X X XX. Your satisfsctio11 is importantto us, which is why you'll receive a 30 daly tisk free
review period dUHng which you can cancel at any time.
I certainIy Dope that your never have all anterior water service Ihie emerge ncy, hint if your should ever have
a problem, yoV11 he glad yo Lf re covered with Exterior Residential Water S etvice Line Insurance.
Jail Grant
Vice President
Home Emergency Insurance SOILIU0119
CA Lic. #OF78117
Dome Emet e ncv Insurance Solutions, alb Independent corrfpalw separate from Contra Costa Water District, is
offering this optional in9ulran e. This insurance policy is underwritten by Wesco Insurance Compan All Services
are performed by a licensed and insured independent contractor, ,
Lorne Emergeney I nsurance Solutions California Insuirence License ;OF7 93.26
See reverse for plan details.
-------------------- — ---------------------- ---------------------------------------------------- ---------- — ------------------------------------------------
YES, I want to purchase Exterior Residential Water Service Line Insurance.
I u#fi riga the V.95 nxntWy charge to ti� induded ire" rtra Costa Water Di aria bklt. I cntdI I�a 4%Iesc� I nsurince Cunparq wh ienev -m/policy
ak the end a its tarm ur Eess a r ion auf
nven�-war is sent to r as r«qulred by [�Iikvia ),;-a, and I -.�ajll r ;e bj �nts�ly pay rr-nts k, la water bbl unit l
cancel " versje by ��ng thj td1-tr► a numt er ire ml ershlp neer€afs, �f nW �rersge rs Aller avis? tertstiirr�ed # ur►derstand 1#�d ik�s Ooverage Is
optima and Ihrkveread thireli*iirtycrkMaiiiiAsectlwunder'ftoi!Kelig;bletoenroll?"and lagrei�thaIaildfnyW_iop yn-e-Atthecriteria P4, -CM 0.0 V,
i da not liue� in a trncbile iw c+ a fml,ltl_ry d,,vdilriV wdl as a cc-nd�cnN m and the ixrze d m; # error �,valea- oe tine is, ria #arges #han 2 inches: I
diameter and no loner than 20, Net In lenglh. Tle_ imvrat�-,-_ pc4ial I} undenorrittan by Wes lnwranoe Yonlparr�. #-inure Em --19 enOV Insur.3nce Sti: alcnz,
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September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 27 of 36
Page 26 of 31
The illust rat [on at the right shows
where things can go wfong with Your
exter1of water serv1cc line. The section
of pipeline in red is the ho"owner#s
M 16
-
Plan M ambats — hc�sperrk�il�fli[�r � t*ir�ra�er'e3
NO CHARGEP
L,,,1.....w ,.,.....o...ar ILila.rR PA-3tLLIifaTe5ii, prans rvnrir mf-ls Moo ]WkFor covered rgod(O UP to Yukv dhriUEdbMefl1t.
TAnaEn CircumdDrie'cea MW FrAvenh ca -4r lctara from raw-hing your hams w9ubn 3 Bourg inau€angr Dui nCX 1IMT90 ta.t+ci!% 01 f, L U, L -2)p kZ31 1,LTraUlud ti.vLivnn.-.�. ,,•, �+<_
&-m r�q ccndkinns or ger omm%ant ar an-
0r Whal am 1 responsible far?
A. Homeo neis are responsible for their exterior water
service fine to Eine paint where it con neds with the
Contra Costa Water District meter or backflow de►rice.
QL What Is Inaluded in this irisurance coverage?
A. You will be covered for up to $3,000 pet incident for the
cost of repaidn9 or replaci€kg broken or leaking exterior
water service lines, sub!ect to the terrrrs i9 nd con chfions:
of the pof icy. This indudes repairs to damage cau sed by
ftozeo pipes, expansive sails, relnstalIalion of existing
Iandscaping, seevice call ch labor, rnate€ials, permits
and tax for the wvered repairs.
0. How many Incidents per year are covered?
A. Four Incidents per year{ The coverage for eadi incident Is
$3,000, giving you a total of $1 ,0U0 eonrrally.
Q. Whv Is eligible to enroll?
A. Any qualifying residential horn eawoer who is a
treated -water customer of CCWR Mobile harries,
comm ercial properties and mulH.unit. d weirin9s,
including oondan inlums, are not eligible. Noakes
ver€tit exterior water service limes larger than 2 inches to
diameter and Ionger than 200 feet in Iength are not eligible.
. When can I make a claim?
A. After the initial 30 day v5 Ming period.
0. Do es my homecwnets Insurcince cover Fri Y exte:for water
service I€ne?
A. Most basic horm eowners insurance polities do not c aver repair
or replacement of the exterior water sere€oe line. tf y+ante fired
you have slmil ar coverage, your service agre em ent fee will
be refunded In full.
CL Arn 1 required to dgit up for this cov& aje?
A. No. This insurance 15 optianal. Yorrrwater service will not
be affected ark any way It you choose rrot to paftJ clpal<e In
this pregnane.
Q. How can f eget mos -e information?
A. Cal 14orna fnsency kLvxax Solutionsut )=7+ }C
or go to C WUs website: www.ccwater.com.
a. W ho Is Home EinergencyF Insurance Solutions?
A. An independent company separate from CCWD. Home
Einerg ency Inr-urance Solations is Iicensed by the alitemia
Departme€tt of insurance tIicense 0F793 6}. It provides this
serv€ ce un der a delegated out horityr from Wesco insurance
Company. wjqch is the cantrmt fssuet. Q WD has entered
into an agreement Will Home Service USA Corp. to offer this
program as a wrvlce to CCWD austoruers.
a. If I slgn up for the urogram, what happens next?
A. After your actlrradon fano is processed, you grill receive your
full policy documents. If you decide you no longer want the
sepAce, you will have 30 days from the date of enrollment to
cancel and receive a fi.rfl ref rid.
r.
}. in l ' ks#teriq ' ilsin f; 6m rr<ecli rE't i ii''+rratei s i ' lyt.,.. p
'Acts'oile tearrQisg cif-frozri'pipes; ';.isieie[r[Ly.'ii{as�oi7: tu.eI<e �.g fir. ,
tril i ro' c ''riiainteriar ec,`ar'iForrt; cnrit li }le.l a si im�ie n =pool IsteaQ.s4dq f"ILUIes; i8ucets br:
- siin' pact[ares; calrsi Esy;feulty corky crri a.i,_ ,r. . .
-:..,
„.
::hsb ' re ' it of covaieq. ' € ;,.F- - i end %aittt cii:+iys�eu 4 dud -W reda�ctiori':in,pkxrtairnaria"0.caustic! :sic€ i s�nre rrd.t r;'eiri r eiricy.'bi a]r Own.
ih .. .I �... Imo+... :- :. : {
--o a Bari' ti s�.e' lilts vein iris a ID It .si:tootrr'PI�. -j�er.#,:ulp!tiept'ar►ii':
fo,' Co a ty; i ,�t g to atEiec3.uiioi cupiAdl For- i t ".'f . P.. _; :. r „ L t ' _ - _ � ;
aver }airs os of tsxar� ll 'tnataxE ; mddufactr�re:'sY$caifs.
..-i€. Mile t -F 1Y '+ ji�i'1�vr;: ZOas aispciatei{ �r i tre�rs� r��.:'� �,.. - .P- r
ur'cg5.` in oo # ;vf s rs r'Lvis icst tat on'of �€F tei3 ar'ea.',h d laniisc. pint .F al€, reply einc€�t of n io'ck��ii ' .i`, °_''' ;: ; ;�
.- .{
;.
osi�ef4oritas iecrektional:re3 el psr�co_nirxicrc� l-trro�rer este nes rr i.inter-:servlml Ines *Ver
0ilf[ci:grd e'
�t 061 bpr�ptigi.akkth r.10 , 01 i r { , ,
V' .4V��1} 4tY �1F• Y�
iry � ��cc��erriis a
_ ''iri�ft`es'i�'cllarro� t. i� _
.I:
S'
ji
UA l 9.1E AtL#
17CbnteCm1@k_VVS-t. rem rjLcxind� 2' 1
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 28 of 36
-17-
Exhibit
-
Exhibit F
WESCO INSURANCE COMPANY
Y
WATER LINE PROTECTION INSURANCE
TERMS AND CONDITIONS
We too arwe the dghtto a second opinion by a licensed repairer of Dur 6hoosing on any repair 0r €oplacamerrt diagnosis.
l isrepreserrfatlon or arq attwtpt to defraud Us, including coluslon between You and the pkrriber or sertriee provider, shall
resuti in camellatian of cowerage and We shall to i-ambursarnant and may pursua resrned`ies under the taw.
15. PRIVACY POLICY:
Personal kimmation about You may be col lectadfrom Persons other thanYou The catagorias of inl'onation that we may
collect include idomia#orr about Yorir Pmpe r. Such information as well as oth or alfa conation collecte d by Os or by Our
agents may, iR cadain ci�mes be disclosed to third panels. Tha infotmaft wil be dsclaeed onty as pe ad
unde r apprrohta taw, Yo u hava th a t to rarriew Yo ur person al ifformakon in Our ties and can requ ast corractann of
any irtaccurade& Amore detailad d=46on of Your rights and gra prac&ss is avalable upon request by waif ng us at
1-817-444-246 1, Cust er informakri tweeted during the purchase and adr€rink radon of this Poky is not disclosed to
other cornea as for the pwposee of market other products and services. Such irrro=a6on may be disclosed to other
oarrpanias in order to piavide service cedar aria policy. Should you have any quo s6ons about aur policy please contadt u3
on I.87T-444-240 1. Teophone cage may be racorde(Vand or mortared
CA.C$_T0.P1.s0-y0
Page 27 of 31
WESCO INSURANCE PAi Y
WATER LINE PROTECTION INS f VCE
TERMS AND CONDITIONS
Tho AdninisWormcan; Home Smargency Insurance Solutions, 5301 Blue Lagoon Dive #W, h+IiwiA Florida 33126,
W*hacWaisters Wo insrna a program on Ourbahell You may coartact the Adninlsfrator at the foregemg address or by
caFiing toll-free at M7444-2461,
2461.
Premiurnmean sthe amount You am ccquiredtoo pay forffris agreariawt
Prop arty meant ft Pmporty Ested on the Daclaration Pagc
ervi ce call(s) means ra pair or replacement or unblocting worts per€orm a d by a ince nssd plurnb ar or tic ansed sor Ace
p€owideT to diagnose and elhinate a more d Emergency BreakdowrL
W% Us, an d OuE means Vasco I nm rawa Comp arrA 59 widen Lane, 6#h Floor, New boric, ICY 10038. You may eantact
Ur, at the foregoing address or by valfrng Us #vi sa at f -8W50448.
You and Yourmeans the Tamed Insured listed on the Declaration Page.
1. RESPONSIBILITY •- BENEFITS OWED TO •
We are responsible for the pegomrance of contractual obrga�tions under this PoTecyr, inclrtding service petforrna and
payment of the cost of wV bena0z payable to You under this Poky. The AdWrd*alar atWrdsters the dernrery of banafks
owed to Your under this Poky. 'lheAdminiArMor wig handle on Our behalf arry Maim You may Imre for benels undea this
Policy. The Adrrilrdstrabr vM se rye as Four ordinary point -0 -contact for any qua stions ar concems You may have Wb
rospact to Your policy; You may also can tact his wb arty further inquil Has. We have gnran tha Ackninisbvtor au or;ty to alit
on Our behalf in processing gains under this Polictr and in assisting You in processing p*nents and other tmnsaotions
and or tris policy, and the A*Nnlstrator vii act on behalf of Os in pm vidhg tftes a services to Your.
2, ELIGIBILITY:
You ale eligible for bengs under Gs Potiiey only I @ You mm or have wr kton aulfi*&86on to provide miude nano o for the
cudomer-owned wabersarvke tura and related fadWes between the Cal'dorris Wow SeMes Compaq wMermote r, or the
connecdon to Yow soMae One and the residen6id dwo.1ring served by 0&orWa Water Ser ce Oomparrt, on the size of Your
water soMc,6 flute is rho largar than 2 inches in diameter and no longer than 200 feet in Ian ah andn Your waur aoryke
Tine is in good conMon are the first day that this Policy becornes elfaclfva.
This policy corers only the anter service Gnot Wariffied in tha Dedarafion lags for Etre residence le CAW on like Pmperty,
We re sero the right to d orry benefh if you fiml to carnet/ with the farms and oanmians of this agreemeK ralevmt rules,
regulations, lays, fecal codes or dandards, or if Your grater servim fine is A anise no nwnfoning. A separate porgy is
raquged for each water service line at a residence. Coveraga under this Poky is not hmsfarabla.
3. RESPONSE TIME'
aaspondto mquestsfbrservire24hoursper dW,Idaysper week A reprasanh&eofabconsodandinsuredplumber N1
ca i You within I bolo of being cmrrk ed by Dame Gmergency Insumn ce Solutions. If Your home Is cornpta* witimil
water, a pkirilerwill ba'on-s *Wm 4 frouis to diagnose and bagin emergency repairs. mar repairs vA typically boO
widtin 24 hours ofinofficAr4 unloss You agree to anolherrnutually Wtable line. We w M not be responsthla for response
ft a dala s h ayoxd 0 ur reasonabla cordmi unclad g, but not ru Aod to, Acts of God, certain waather oomwons, unsafe
drilling condi on s or g"awennent aeon. In the case of an unsafe pond tion which al bo deteunined aoely by Us, YMfe rill not be
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 29 of 36
18 -
required b provide seuvice under tis Porky forYour water oivke lina urrtf 1ha unsafe cor4oa b torrecle d
OVERAGE:
Subject to the units or 6abi rlky set forth balm We sh$H provide all pa rts, materials, and labor to repair or teplace a leaking of
ken wafer sa€+rics Hrne betmen Oafforda Dater So nice C DmpxrVs malar, or conneclion to Yourwater sanko fume, and Your res-
idan6d dWeling located on the Proparty. thio wilE dafiefrnirie wheth or to tepair or replace eny covered parts. Wo re servo the right to
select the rnatanials andt'or parts to be used in the rapaw or replacement how*nrer, al smh materials andlor parts Will cay* with
all relevant and applicable Taws, regtMons. Lodes, and stand arils. We rv�l perform at worm related to the to pair of replace-
mant of the water senvico lino. Repalr of replacement unday Vis Poky'sncludas ag exmava6on, baafc L and removal of spalls
in the area of tha repair of replacement and reinstallation of w sting salt landscapiaq and shrubbeq in a neK professionA
manner by the contra*rtopaking the covered Emergency Sreak4o+ m in: aeoordartoe with the standard of care of a plumber
who r*gelady p w forms msiden&d watertns rap a'us. Y file it is Our irrtentiorn to restora the area tD as dose to as p=Na la its
or4nA tondf n slowing far dee repair, itis recog'dthatWe carrot guarmtce The sudw of any Whgmaterials dlskond as a
result of the raper. Exwoas of orfs bvkjde, but are not anted the rerrwvzf or c ung of mature trees and well esbMshed sh ub-
bW This Pali cy ale n tovam damage b the curate¢' eeivfca Nna tau sad by €€eating and root dame age.
EXCLUSIONS:
' Policy does not cover any Wipmant or facilifias that are not speaiic idly id flied as covered including the fodt ruy-
a) FsoiMas, equipment, and appurtanancea, such as pressure -reducing valvas. house vahres, baoMw dewicat, water
softmers, booster pum s, frriga5on and separate rite sprinkler systems, hose bibs, and other s'mlarkamr,
b) CA afra sloraton or repair or hard landstaft Wich includes but is inot lhiled to diiwways, wakways. decks, pafos,
retaining'« waits and stnrctrres;
c) R*rnon'l of structures, such as decks, patios, and retainin g wads, necessary to success lira water krra;
PwaxiOng damage, rslocaUon of water sarvice lines or reiatad equipment or unauthorked attentions or work or%
tha water service line;
Repah arreplacemwit du to damage dire* or ind`inetly as a resuk of You or any other party working or
exewiaM9 on Your property or in the vitinity of Yom watar service fine air inside plumb Ing or related facUhe
Damage eausad by earthquakes, hooding, volcanic eruption, sitftolsk landslndos, thiol ditobediame, riots, war,
texrarisn or n atur€nl dis este r ache r than freazing;
Water service i'rrnas that are connected to rnultiple dwegings;
h) Unes kriproperty IrMaled by others (but does cover woflk done by Us);
t) Damage caused by or resulting frame intact~ varmin, ptis, rr4wse, abuse, negligent¢, vanda0mi, thele war, riot;
€nrlbqunrest, nuol ear accideuat, #boding, wafer`Riduationa, fro, had, wind, 6gWM (EXCEPIT
FOR EXPANSIVE SD#LCON DfTIO S), iandaride, sand, charucals.
O r
Wo wiQ carr era maadnnm of $3,000 par mum nt a aad We wig covar up to 4 ebur) occarre ruses in each yaar of mombersINP.
Wa,,+rill not he rrablafor aryiane4ontal or ons equen al damage, indudirig damage caused by leaks orbyrwater stA&D
htermptiom We wig not be frahle for any damns go to Yo ur property or any othar prop arty unto ss such der mge is the &0d
re salt of Our negligen to wMe providing services. All work in ralation to covered s Woos must he perFarned by Us or with Our
authorka6orn. We will not pay for airy unwrk &ed repair or rreplacemant of a covered tear, including labor andfor nu todals.
WARRANTY;
We wig repair or replace Your water service fie so that k wE be suWabie far residential water seryic e. Al rrep$us or
replacements wig have a warranty of one year. During the warrarr4y period if the repair or iopia cement do as not confofm to
this w wmnty, We 0 ma ke the necessary c orrootion. AH corre clad repairs will ba timilady wa rrantat
• LL KI E NTIWA
Coverage bagm only altar Our acceptance of fire application and receipt of payment of tha Prerniurrr. You have t Kily (30)
days from the olfectfue date of this Paltty as shown on the Declaration page before Your can make a Service cat During
that period ifYou dead* You do riot wart the Policy You can notify Us and Wa A provide a hull rafu€nd of Prwhm paid.
To Mi Our obligations under thl s P*y, You shag grant Els access to Lha aovars d water wrote a Hone and relates fia w and
*qui mm nt.
If You Fm d You have di
Page 29 of 31
Exhibit G
Code of California Regulations
Title 8. industrial Relations
ins
Division 1. De0artment of Industrial Relations
Chapter 8. office of the Director
Subchapter 3. Payment of Prevailing Wages es u on Public Works
Article 3. Duties, Responsibilities, and Fights of Parties
§16100. Duties, Responsibilities and Rights.
The Parties listed in this section must comply with the provisions of the Labor Code applicable to
the payment of prevailing wages on public works contracts.
(a) Department and Division Authority in Prevailing Wage Issues. The Director shall establish and
coordinate the administration of the State's prevailing wage law, including the determination of
coverage issues. The lead agency for the determination of prevailing gaga rates shall be the
Division of Labor Statistics and Research. The lead agency for the enforcement of the payment of
prevailing wages is the Division of Labor Standards Enforcement. The lead agency for the
coordination on apprenticeship is the Division of Apprenticeship Standards. This section shall not
be construed to preclude any filing requirements with DLSr of appropriate agreements or
petitions regarding determinations or any other documents, papers, books, etc. otherwise
required by the law or these regulations.
(b) the Awarding Body shall
(1) Obtain the prevailing wage rate from the Director in accordance with Labor Code Sections
1 771 and 1773.
(2) Specify the appropriate prevailing wage rates, in accordance with Labor Code Sections
1773.2 and 1777.5.
(A) The posting requirement is applicable for each job site.
E CEPTI N: 1f more than one worksite exists on any project, then the applicable rates may be
posted at a single location which is readily available to all workers.
(B) If a wage rate for a craft, classification or type of worker is not published in the Directors
general prevailing gage determinations, a request for a special determination should be made by
the awarding body to Chief, Division of Labor Statistics and Research, P.O. Box 420603, Sari
Francisco, CA 94142, at least 45 days prig to the project bid advertisement date.
(3) Notify DAS. See Labor Code Section 1773.3.
(4) Inform prime contractors, to the extent feasible, of relevant public work requirements:
NOTE; Requirement ent information may be disseminated at a pre acceptance of bid conference or
in a call for bids or at an award of bid conference.
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 31 of 36
Page 30 of 31
The public works requirements are:
(A) the appropriate number of apprentices are on the job site, as set forth in Labor Code Section
1777.6.
(B) workers compensation coverage, as set forth in Labor Code Sections 1860 and 1861.
(C) keep accurate records of the work performed on the public works project, as set forth in Labor
Code Section 1812.
(D) inspection of payroll records pursuant to Labor Code Section 1776, and .as set forth in Section
16400 a of these regulations.
(E) and other requirements imposed by law.
6 Withhold monies. See Labor Cove Section 1727.
(6) Ensure that public works projects are not split or separated into smaller work orders or
projects for the purpose of evading the applicable provisions of Labor Code Section 1771,
(7) Deng the tight to bid on public work contracts to contractors or subcontractors who have
violated public work laws} as set forth in Labor Code Section 1777.7,
(8) Not permit workers on public works to work more than eight hours a day or 40 hours in any
one calendar geek, unless compensated at not less than time and a half as set forth in Labor
Code Section 1816.
EXCEPTION: If the prevailing wage determination requires a higher rate of pay for overtime work
than 1s required under Labor Code Section 1816, then that higher overtime rate must be paid, as
specified in subsection 1 6260a3F of these regulations.
(9) Not take or receive any portion of the workers' wages or accept a fee in connection with a
public worts project, as set forth in Labor Code Sections 1 778 and 1779.
(1 0) Comply with those requirements as specified in Labor Code Sections 1776g, 1 777.6, 1810,
1813, and 1860.
{c} Contractor -subcontractor.
The contractor and subcontractor shall:
1Pay not less than the prevailing wase to all workers, as defined in Section 16666 of these
regulations, and as set forth in Labor Code Sections 1771 and 1774E
(2) Comply with the provisions of Labor Code Sections 1773.5, 1776, and 1777.6 regarding public
works jobsites;
(3) Provide workers' compensation coverage as set forth in Labor Code Section 1861 t
(4) Comply with Labor Code Sections 1 778 and 1779 regarding receiving a portion of wages or
acceptance of a fee;
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 32 of 36
Page 31 of 31
-21 -
6 Maintain and make available for inspection payroll records, as set forth in Labor Code Section
1776;
(6) Pair workers overtinne pay, as set forth ire Labor Code Section 1816 or a s provided ire the
collective bargaining agreement adopted by the Director as set forth in Section 16200 a) (3) of
these regulations; and
(7) Corn ply with Section 16161 of these regulations regarding discrimination.
8 Be subject to provisions of Labor Code Section 1777.7 which specifies the penalties imposed
on a contractor who willfully fails to comply with provisions of Section 1777.5=
(9) Cornply with those requirements as specified in Labor Code Sections 1810 and 1811
(10) Comply with other req uirem ents imposed by law.
NOTE, Authority cited: Section 1773.6, Labor Code. Reference: Sections 1720, 1726.2, 1720.3$
1726, 1727# 1728, 1720, 17760 1771, 1778, 1773,21 1773.31 1773.4 1773.61 774, 1775, 1776,
777.61 777.7, 17781 17703 1810, 1 11, 1812,1813, 1816, 1860 and
September 28, 2017 Special ADMIN Committee Meeting Agenda Packet - Page 33 of 36