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Contractor to respond to and remedy complaint. Missed pickups shall be included in <br />this log. <br />All Customer complaints and inquiries shall be date -stamped when received and shall <br />be initially responded to within one (1) business day (excluding Saturday, Sunday and <br />holidays listed in Section 4.7.1) of receipt. Contractor shall log action taken by <br />Contractor to respond to and remedy the complaint. <br />All Customer service records and logs kept by Contractor shall be available to City <br />upon request and at no cost to City. City shall, at any time during regular Contractor <br />business hours, have access to Contractor's Customer service department for purposes <br />that may include monitoring the quality of Customer service or researching Customer <br />complaints. <br />5.2.3 Resolution of Customer Complaints <br />Disputes between Contractor and its Customers regarding the services provided in <br />accordance with this Agreement may be resolved by the City. The City's decision shall <br />be final and binding. <br />Should Contractor and Customers not be able to establish a mutually acceptable fee to <br />be charged for special hauling services, the matter shall also be determined by the City, <br />and the City's decision shall be final. <br />Intervention by the City is not a condition precedent to any rights or remedies third <br />parties might otherwise have in any dispute with Contractor. Nothing in this section is <br />intended to affect the remedies of third parties against Contractor. To the extent that <br />remedies are warranted through this Agreement, this section shall apply. <br />5.2.4 City Liaison <br />The Contractor shall designate a person to serve as agent and liaison between the <br />Contractor and the City and shall maintain a telephone and a means for contact at all <br />times including during periods of strike or other emergencies. Contractor shall not <br />change this designation without prior approval of the City, excluding cases of <br />termination of the employee. City may request that Contractor change City Liaison, and <br />shall have the right to approve the City Liaison. The Contractor's City Liaison shall <br />meet with the City as necessary to effectuate the purposes of the Agreement. <br />August 17, 2021 96 City of Santa Ana <br />