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solid waste within 24 hours after the complaint is received. <br /> E. The Contractor will notify the City of all residential solid waste, recyclables and green waste <br /> materials the Contractor declines to collect and the reason for it. The Director may investigate "no <br /> pickup" complaints and advise the customer of the reasons, or require the Contractor to collect the <br /> material. <br /> F. The City will keep a record of the dates and times complaints are received and the dates and times <br /> the complaints were resolved by the Contractor. <br /> 1.4.5 Complaint Resolution and Penalties <br /> A. The Contractor will be charged an administrative penalty of not less than $25.00 or more than <br /> $1,000 for each customer complaint or other violation of this Contract that is not resolved within two <br /> business days of receipt of complaint by Contractor and to the satisfaction of the City Manager. The <br /> Contractor may appeal a penalty assessment to the City Council by filing a written notice with the City <br /> Manager within ten (10) calendar days of the date of the City Manager's decision. The City Council <br /> will hear the appeal at its next regular meeting that is ten (10) days or more after the date the appeal <br /> notice is filed. The City Council's decision will be final. <br /> B. Administrative penalties will be deducted from the City's payment to the Contractor for the billing <br /> cycle following the City Manager's determination (or the City Council's determination if appealed). <br /> Twenty-five (25) or more unresolved complaints for which penalties are assessed during the term of <br /> this Contract are grounds for contract termination by the City Council. <br /> 1.4.6 Equipment <br /> A. The Contractor will operate only enclosed packer type trucks suitable to keep the solid waste, <br /> recyclable,or green waste materials from falling or blowing from the trucks. Solid waste,recyclable, <br /> or green waste materials hauled by the Contractor will be contained, tied or enclosed so that leaking, <br /> spilling and blowing is prevented. All of the Contractor's equipment will be in good mechanical <br /> condition and possess current federal and TXDOT certifications. <br /> B. The Contractor will provide communication to all trucks. <br /> C. The Contractor will keep all equipment clean and in a good state of repair. <br /> D. The Contractor will not allow the noise level for the collection vehicles during the stationary <br /> collection or compaction process to exceed the current city noise ordinances or State guidelines. <br /> E. The Contractor will identify its vehicles on each of its passenger doors, as required by the Federal <br /> Motor Carrier Safety Administration, Section 390.21 so that the information is clearly readable from a <br /> distance of 100 feet. <br /> F. The Contractor will provide access at any time for the City to inspect the equipment to ensure that <br /> all equipment meets the requirements of this Contract and has the proper TXDOT certification. Unless <br /> otherwise approved by the Director, the Contractor will not use equipment which is more than seven <br /> years old to provide the services required under this Contract. The Contractor will use only equipment <br /> manufactured by a nationally known manufacturer. <br /> 11 <br />