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July 15, 2024 Page 18 City of San Leandro/ACI Franchise Agreement account (including with at least one notice provided separately from the monthly invoices), then 673 Contractor shall provide the City Contract Manager with the name, address, Service Level, service 674 frequency, and delinquent billing amount of each delinquent account and assign its rights to 675 collection to the City. Contractor shall provide such information to the City in a manner and form 676 approved by the City. The City shall then initiate any collection procedures authorized by law, 677 including those special assessment procedures authorized by the City’s Municipal Code Section 1-678 12-600, in accordance with Exhibit K, and shall pay Contractor for delinquent account balances 679 within eighteen (18) months after receiving the list of delinquent accounts subject to special 680 assessment. Contractor shall promptly notify the City if the amount of bad debt subject to the City’s 681 special assessment process exceeds one half of one percent (0.5%) of Contractor’s annual revenues. 682 Within thirty (30) Business Days of such notification, the Parties shall meet and confer to discuss 683 proposed changes for reducing the level of bad debt. No such changes shall be implemented 684 without the written authorization by the City Contract Manager. Within thirty (30) calendar days of 685 the City’s receipt of payment for past due accounts, the City shall pay those sums to Contractor less 686 any monies Contractor would be obliged to pay to City hereunder had those sums been received by 687 Contractor in the first instance. 688 If Contractor fails to invoice a Customer, or otherwise under-charges a Customer for services 689 provided for more than six (6) months, Contractor may not subsequently attempt to collect the 690 under-charged amount for more than six (6) months of service. If Contractor over-charges a 691 Customer for a period of more than twelve (12) months, Contractor shall reimburse or credit the 692 Customer for at least twelve (12) months of the over-charged service, but is not required by this 693 Agreement to reimburse or credit the Customer for more than twelve (12) months of overcharges. 694 This Agreement also does not prohibit Contractor from reimbursing or crediting a Customer for 695 more than twelve (12) months of overcharges. 696 4.12 CUSTOMER SERVICE PROGRAM 697 4.12.1 Program Requirements 698 A. Availability of Representatives. A representative of the Contractor who is knowledgeable of the 699 service area, services, and Rates shall be available from 7:00 a.m. to 6:00 p.m. Monday through 700 Friday to communicate with the public by telephone, virtual method (including email, live chat, or 701 other electronic method as mutually agreed between City and Contractor), and the City’s authorized 702 online or other Customer relationship management system (as further described in Section 4.13). 703 Contractor shall maintain a local or toll-free telephone number which it shall publicize. Contractor 704 shall also maintain an after-hours telephone number allowing twenty-four (24) hour per day access 705 to Contractor management by City Contract Manager in the event of an emergency involving 706 Contractor’s equipment or services including, but not necessarily limited to, fires, blocked access, 707 or property damage. Contractor’s primary Customer service center shall be located no more than 708 thirty (30) miles from the City. Contractor shall maintain Customer service staffing levels consistent 709 with the levels stated in Exhibit G, unless otherwise approved by the City Contract Manager. 710 B. Telephone. Contractor shall secure, use, pay all costs incurred by, and maintain during the Term of 711 this Agreement, a local or toll-free phone number which shall serve as the primary point of contact 712 between Contractor and the public during normal business hours. The Contractor shall provide the 713 City with a separate emergency telephone number for use by the City Contract Manager outside 714 normal business hours. The Contractor shall have contact with such representative, available at the 715 emergency telephone number during all hours other than normal office hours. 716 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A