Disputes Over Excess Contamination Charges. If Service Recipient disputes a 796 contamination charge (which must be within 30 days of them being assessed), Contractor will temporarily 797 halt any contamination charge and/or increased Maximum Service Rate resulting from increasing the 798 Collection Container size, or collection frequency, and Contractor may request a ruling by the City Manager 799 to resolve the dispute. During the pendency of any request, Contractor may restore Container size or 800 number, or collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 801 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 802 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 803 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 804 Recipient and Contactor to resolve the dispute. Following such a meeting, the City Manager will rule on the 805 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 806 and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor will 807 credit the disputed contamination charges or increased Maximum Service Rate. If the City Manager rules in 808 favor of Contractor, Contractor may charge Service Recipient the prior halted contamination charge and/or 809 increased Maximum Service Rate resulting from increasing the Collection Container size or collection 810 frequency and may follow the steps in Section 7.07 for collection of delinquent accounts.
Disputes Over Excess Contamination Charges. If a customer disputes the assessment of a contamination fee (which must occur within 30 days of the fee assessment), Contractor shall temporarily freeze efforts to collect said assessment and/or any increased Maximum Service Rate(s) resulting from increasing the Organic Waste container size or collection frequency, at which time Contractor may request a ruling from the City Manager to resolve the dispute no later than ten (10) business days after such assessment freeze. Upon Contractor’s request for a ruling, Contractor must provide digital/visual documentation of Contractor’s discovery of contamination. The City Manager may request a meeting (in person or by phone) with both the customer and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the dispute within ten (10) business days. The decision of the City Manager shall be binding and final. If the City Manager decides in favor of the customer, Contractor will not charge the disputed contamination fees or increased Maximum Service Rate(s). If the City Manager decides in favor of Contractor, Contractor may charge customer the disputed contamination fee and/or increased Maximum Service Rate(s). The City Manager may appoint and delegate to any City employee, City consultant, City attorney, independent contractor, or other designee the authority to undertake any assessment or adjudicate any dispute raised hereunder. AGREEMENT EXHIBIT I PUBLIC EDUCATION AND OUTREACH To satisfy Contractor’s obligations to engage in public education and outreach efforts under
Disputes Over Excess Contamination Charges. If Service Recipient 646 disputes a contamination charge (which must be within 30 days of them being assessed), 647 CONTRACTOR shall temporarily halt any contamination charge and/or increased Maximum 648 Service Rate resulting from increasing the Container or size or Collection frequency, and 649 CONTRACTOR may request a ruling by the City Manager to resolve the dispute. A request by 650 CONTRACTOR to the City Manager to rule on any such dispute must be filed within 15 651 calendar days of CONTRACTOR’S halting of contamination charge, or increased Maximum 652 Service Rate, and must include written documentation and photographic evidence of ongoing 653 overall problems. The City Manager may request a meeting (in person or phone) with both the 654 Service Recipient and CONTACTOR to resolve the dispute. Following such a meeting, the City 655 Manager will rule on the dispute within 15 calendar days, and the City Manager’s decision on 656 resolving the dispute between and Service Recipient shall be final. If the City Manager rules in 657 favor of the Service Recipient, CONTRACTOR shall credit the disputed contamination charges 658 or increased Maximum Service Rate. If the City Manager rules in favor of CONTRACTOR, 659 CONTRACTOR may charge Service Recipient the prior halted contamination charge and/or 660 increased Maximum Service Rate resulting from increasing the Container size or Collection 661 frequency, and may follow the steps in Section 5.05 for collection of delinquent accounts. 662 Container Overage and Correction Procedures. 663 3.14.1 CONTRACTOR shall offer the Service Recipients the correct combination 664 of Container sizes and Collection frequency that matches each Service Recipient’s unique 665 service needs to enable clean, efficient, and cost-effective Collection of Solid Waste, Recyclable 666 Materials, and Organic Waste, provided that all Commercial Service Recipients shall receive a 667 complementary 96-gallon Cart for Recyclable Materials (and associated Collection Services). 668 The CITY and CONTRACTOR agree that overflow of Solid Waste, Recyclable Materials, and 669 Organic Waste that is not properly in the Service Recipient‘s Collection Containers may 670 negatively impact public health and safety. CONTRACTOR has also agreed to conduct recycling 671 audits and provide outreach and support to commercial and multi-family accounts receiving the 672 correct service level. However, in the event that Service Recipients are found to habitually ...
