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CM City Clerk-City Council - Document Type
Agreement
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8/19/2024
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<br />July 15, 2024 Page 22 City of San Leandro/ACI Franchise Agreement <br />systems. Such read-only access is intended to provide the City the ability to review notes related to 847 <br />Customer service and/or billing issues. 848 <br />4.14 SERVICE EXEMPTIONS 849 <br />The City’s Municipal Code and the ACWMA allow for some Generators that meet specific criteria to be 850 <br />exempt from the requirements to subscribe to and pay for Recyclable Materials, Organic Materials, and/or 851 <br />Solid Waste Collection services. Contractor shall provide all Customers with Collection Services unless the 852 <br />Customer provides proof of a Collection service exemption, as described below. Failure to comply with 853 <br />the requirements of this section may result in assessment of Liquidated Damages in accordance with 854 <br />Exhibit F. The City or the ACWMA shall provide the forms to be used for service exemptions. 855 <br />A. City Service Exemption. Commercial Businesses that do not operate a food establishment may 856 <br />request a City exemption from the requirement to subscribe and pay for Discarded Materials 857 <br />Collection services from the Contractor. Contractor shall review all exemption requests and 858 <br />supporting documentation sent to Contractor by Customers in accordance with Section 3-6-220 of 859 <br />the City’s Municipal Code. Contractor shall submit a recommendation to the City, for the approval 860 <br />or denial of the Customer’s exemption request within five (5) Business Days of receiving the 861 <br />exemption request. The City shall notify the Contractor of its determination for approval or denial 862 <br />of the service exemption request, within ten (10) Business Days of receipt of Contractor’s 863 <br />recommendation and documentation. The City ultimately retains the right to approve or deny any 864 <br />exemption request, regardless of the recommendation provided by the Contractor. Contractor shall 865 <br />notify Customers of the approval or denial of their exemption request within five (5) Business Days 866 <br />of City’s decision and provide a statement for why the request was denied, if applicable. Upon 867 <br />approval of a Customer’s exemption request, Contractor shall modify the Customer’s Service Level, 868 <br />account data, and billing statement in accordance with Section 4.14.F. Contractor shall immediately 869 <br />notify the City to revoke the Customer’s service exemption if that Customer is found to be in 870 <br />violation of Chapter 3-1 or any other applicable provisions of the Municipal Code or the property 871 <br />changes ownership and/or occupancy. 872 <br />B. County Certification of Recycling Services. Commercial businesses and Multi-Family Customers that 873 <br />meet specific criteria may request a County exemption from the requirement to subscribe and pay 874 <br />for Recyclable Materials or Organic Materials Collection services from the Contractor. Upon 875 <br />receiving proof from a Customer or the ACWMA of a Customer’s Certification of Recycling Services 876 <br />(CRS) exemption, Contractor shall modify such Customer’s Collection Service Levels in accordance 877 <br />with Section 4.14.F. Quarterly, Contractor shall report to the City Contract Manager all Customers 878 <br />with an active CRS exemption in accordance with Exhibit D. Contractor shall immediately report to 879 <br />the City and the ACWMA if the Customer is found in violation of the exemption requirements. 880 <br />Contractor shall notify the customer and recommence service within seven (7) days of receiving 881 <br />confirmation from the ACWMA of the revocation of a Customer’s service exemption. These 882 <br />exemptions shall be effective for a period of five (5) years from the date the application is approved 883 <br />unless service is stopped and new service is started at the same address. Contractor shall be 884 <br />responsible for re-commencing Recyclable Materials and/or Organic Materials Collection service for 885 <br />Customers within ten (10) Working Days from the date on which the service exemption has expired 886 <br />unless the Customer has provided proof to Contractor of an exemption renewal. 887 <br />C. Vacancy Exemptions. Upon Customer request, Contractor shall cease providing (and collecting 888 <br />payment for) Collection services to a Premises which is vacant for no less than thirty (30) calendar 889 <br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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