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above holidays does not relieve the Contractor of its obligation to provide the same frequency of <br />collection service for that week of the holiday, as stated in this contract, for residential units. The <br />Contractor will perform required collections on an alternate day, approved by the Director, of each week <br />in which a holiday falls. <br />1.4.4 Complaints <br />A. The City will serve as the contact point for all customer complaints about the Contractor's <br />services. The City will provide the Contractor with contact information for this purpose. If the <br />Contractor receives a complaint directly from a customer, the Contractor will respond <br />courteously and direct the customer to the contact point identified for this purpose by the City. <br />B. The Contractor will respond promptly and courteously to investigate and provide resolution to <br />all complaints it receives from the City. The Contractor will respond promptly to City <br />telephone or email inquires regarding the status of complaints and complaint resolution. <br />C. The Contractor will investigate all alleged missed scheduled collections, and if such allegations <br />are verified by the Contractor or by the City, the Contractor will arrange for the collection of <br />the uncollected solid waste within 24 hours after the complaint is received. <br />D. The Contractor will notify the City of all residential solid waste the Contractor declines to <br />collect and the reason for it. The Director may investigate "no pickup" complaints and advise <br />the customer of the reasons, or require the Contractor to collect the material. <br />E. The City will keep a record of the dates and times complaints are received and the dates and <br />times 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 nor more than <br />$1,000 for each customer complaint or other violation of this contract that is not resolved <br />within two business days of receipt of complaint by contractor and to the satisfaction of the <br />City Manager. The Contractor may appeal a penalty assessment to the City Council by filing a <br />written notice with the City Manager within 10 days of the date of the City Manager's decision. <br />The City Council will hear the appeal at its next regular meeting that is ten days or more after <br />the date the appeal 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 <br />billing cycle following the City Manager's determination (or the City Council's determination <br />if appealed). 25 or more unresolved complaints for which penalties are assessed during the <br />term of this contract is 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 or <br />recyclable 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 <br />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 />11