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HomeMy WebLinkAboutResolution 3329 Goodwill policy --..-....-.--... .------..-.-. COMMISSION RESOLUTION NO. 3329 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A VOLUNTARY GOODWILL POLICY PROVIDING CLEAN UP ASSISTANCE FOR DAMAGE OCCURRING DURING A BLOCKAGE OF CITY WASTEWATER COLLECTION MAIN CAUSING WASTEWATER TO LEAK INTO A BUILDING. WHEREAS, the City of Bozeman owns, operates and maintains an extensive system of wastewater collection main lines; and WHEREAS, blockages may occasionally occur in wastewater collection main lines for a variety of reasons, and wastewater consequently leaks or "backs up" into buildings connected to the main lines; and WHEREAS, these back-ups or leaks can cause damage and inconvenience to the property owner(s) or tenant(s) of the building; and WHEREAS, the City recognizes the hardship inflicted on the property owner(s) or tenant(s) and the City desires to mitigate this hardship by providing monetary assistance for the clean up of these properties, even in cases where the blockage in the lines was not due to any action, inaction, negligence or fault of the City; and WHEREAS, the City wishes to provide monetary assistance without determination or admission of liability, but as a goodwill effort to assist the property owner(s) or tenant(s) in mitigating the damages and inconvenience caused by such blockages in the main lines. NOW THEREFORE, BE IT RESOLVED that the City of Bozeman hereby adopts a voluntary goodwill policy to provide monetary assistance to property owner(s) or tenant(s) to mitigate their clean up expenses and other damage to property when a blockage occurs in the City wastewater collection main line and wastewater backs up into a building. The conditions of the goodwill policy are as follows: 1. The City will determine whether the back-up and resulting damage are the result of a blockage in the main line or in the service lateral line. If it is determined that the blockage is in the service lateral line, the responding City staff will advise the property owner(s) or tenant(s) and take no further action except to advise the owner(s) or tenant(s) to call a plumber to clear the lateral blockage. 2. If it is determined that the blockage is in the City's main line, the City's line maintenance crew will clear the blockage. The City's staff at the site will provide the property owner(s) or tenant(s) with a copy of this clean up assistance policy, an insurance claim form and a City claim form. 3. All claims must first be submitted to the City's insurer for reimbursement. The City will provide monetary assistance only if the insurer has denied the claim. Upon denial of the claim, the claimant may submit the City's claim form through the Director of Public Service. The Director of Public Service is authorized to approve up to $1,000.00 per household for the goodwill assistance to the property owner(s) and tenant(s) for clean up expenses. In no event will the claims exceed $2,000.00 per household per occurrence including any claims submitted by the property owner. Additionally, the property owner is limited to $1,000.00 per building per occurrence. Finally, ---.-... expenses are limited to only those expenses that are considered, in the Director of Public Service's discretion, reasonable, necessary and documentable including, but not limited to, the following: A. Contracting of a cleaning service, cleaning equipment or supplies; B. Emergency expenses such as rental of heaters to prevent freezing if the heating system is affected; C. Emergency housing and meals for the owner(s) or tenant(s) required if the sanitary condition of the structure is unhealthy for occupation as a residence; D. Disposal of any contaminated material in an approved landfill site; and E. Actual cash value of improvements, fixtures and personal property that must be replaced. 4. The property owner(s) or tenant(s) will be responsible for performing or providing for the clean up, securing lodging and meals and providing receipts for all reimbursable expenses to the City. Should the claimant choose to perform clean up and claim personal labor and materials, the claimant must provide a written estimate by a cleaning company as to the work hours and costs to complete the clean up in order to substantiate the necessity of the efforts and the reasonableness of the amounts requested. Goodwill payment will be made only for those expenses which are proven to the Director of Public Service's satisfaction and have not been and are not subject to reimbursement through insurance or any other third party. 5. All claims for reimbursement must be accompanied by copies of receipts and/or cost estimates and a letter from the claimant's insurance company denying coverage or paying a portion of the claim. Should the claimant not have any insurance coverage on the personal belongings in the home, the claimant must submit an affidavit to the city with this information. Actual cash value equals replacement cost of items of like kind and quality less depreciation for use, wear, age and other applicable factors. Finally, all claims for reimbursement must be submitted within three (3) months of being denied by the City's insurer. 6. No goodwill payment will be made for damages due to "Acts of God" or in instances where there is clear liability by a property owner or third party. No goodwill payment will be made for damages covered by insurance, personal pain and suffering, emotional or mental distress, inconvenience, airfare or travel expenses, lost wages, lost business revenues, lost business profits or similar items. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of October 1999. ATTEST: MA~U~f1:r;;;;or 9~;I Jr~ ROBIN L. SULLIVAN Clerk of the Commission . APPROVED AS TO FORM: PAUL J. LUWE City Attorney - 2 - .--------.... .-. -- --... ~:~,,:.:':'''';:'i-.'~ '.":',,~ ---.- expenses are limited to only those expenses that are considered, in the Director of Public Service's discretion, reasonable, necessa ry and documentable including, but not limited to, the following: A. Contracting of a cleaning service, cleaning equipment or supplies; B. Emergency expenses such as rental of heaters to prevent freezing if the heating system is affected; C. Emergency housing and meals for the owner(s) or tenant(s) required if the sanitary condition of the structure is unhealthy for occupation as a residence; D. Disposal of any contaminated material in an approved landfill site; and E. Actual cash value of improvements, fixtures and personal property that must be replaced. 4. The property owner(s) or tenant(s) will be responsible for performing or providing for the clean up, securing lodging and meals and providing receipts for all reimbursable expenses to the City. Should the claimant choose to perform clean up and claim personal labor and materials, the claimant must provide a written estimate by a cleaning company as to the work hours and costs to complete the clean up in order to substantiate the necessity of the efforts and the reasonableness of the amounts requested. Goodwill payment will be made only for those expenses which are proven to the Director of Public Service's satisfaction and have not been and are not subject to reimbursement through insurance or any other third party. 5. All claims for reimbursement must be accompanied by copies of receipts and/or cost estimates and a letter from the claimant's insurance company denying coverage or paying a portion of the claim. Should the claimant not have any insurance coverage on the personal belongings in the home, the claimant must submit an affidavit to the city with this information. Actual cash value equals replacement cost of items of like kind and quality less depreciation for use, wear, age and other applicable factors. Finally, all claims for reimbursement must be submitted within three (3) months of being denied by the City's insurer. 6. No goodwill payment will be made for damages due to "Acts of God" or in instances where there is clear liability by a property owner or third party. No goodwill payment will be made for damages covered by insurance, personal pain and suffering, emotional or mental distress, inconvenience, airfare or travel expenses, lost wages, lost business revenues, lost business profits or similar items. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11 th day of October 1999. ATTEST: M!:::30f!~ ~y~ R IN L. SULlivAN Clerk of the Commission - 2 - .._n._. _