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If the Contractor receives a complaint directly from a customer,the Contractor will respond courteously <br /> and direct the customer to the contact point identified for this purpose by the City. <br /> B. The Contractor will provide communication to all trucks from its base of operations. <br /> C. The Contractor will respond promptly and courteously to investigate and provide resolution to all <br /> complaints it receives from the City. The Contractor will respond promptly to City telephone or email <br /> inquiries regarding the status of complaints and complaint resolution. <br /> D. The Contractor will investigate all alleged missed scheduled collections, and if such allegations are <br /> verified by the Contractor or by the City,the Contractor will arrange for the collection of the uncollected <br /> solid waste within 1-2 business days 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$1,000 <br /> for each customer complaint or other violation of this contract that is not resolved within two business <br /> days of receipt of complaint by Contractor and to the reasonable 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 or recyclable <br /> materials hauled by the Contractor will be contained, tied or enclosed so that leaking, spilling and <br /> blowing is prevented. All of the Contractor's equipment will be in good mechanical condition and <br /> 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 />