§ 17-31. Quality of Service.

A. Character of workmen and equipment

The direction and supervision of refuse collection and disposal and salvage operations shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All subcontractors, superintendents, foremen and workmen employed by the Contractor shall be careful and competent.

The Contractor shall also provide company uniforms. Any employee of the Contractor who misconducts himself or is incompetent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk or grossly discourteous, shall be discharged upon receipt of a written request of the City Manager by the Contractor such that action can be taken. The City shall specify reasons for the request. The Contractor shall reemploy no such discharged employee during the terms of this agreement without the written consent of the City.

All employees used by the Contractor during the terms of this agreement shall be acceptable to the City in the performance of their duties and of a standing or affiliation that will permit the Contractor's performance herein to be carried on harmoniously and without delay, and in no case, or in any circumstances, will such employees cause any disturbance, interference, or delay to any work or services rendered to the City or by the City. The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. Contractor's employees collecting garbage will be required to follow the regular walk for pedestrians while on private property. No employee shall meddle with property that does not concern him. Care shall be taken to prevent damage to property, including shrubs, flowers and other plants. After emptying containers, employees shall return them to the same location from which they were taken, standing upright. Anything spilled shall be picked up immediately by such employee.

B. Cooperation of contractor required

The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this agreement. He shall have at all times a competent English-speaking representative on the work site authorized to receive orders and to act for him in the case of his absence.

C. Inspection of work

The Contractor shall furnish the City Manager or his designee with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of the agreement. The Contractor shall designate, in writing, the person to serve as agent and liaison between his organization and the City. He may designate himself to so serve. The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time and the Contractor shall admit members of the City Commission and other authorized representatives of the City to make such inspections at any reasonable time and place.

D. Handling complaints

The Contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. The Contractor shall maintain a telephone listing in the name in which he is doing business as a Contractor and provide answering service for those customers needing to contact him between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 noon Saturday.

1). In order that the City may be informed of the quality of service, the Contractor agrees to maintain a record of all complaints for inspection by the City. The Contractor agrees to furnish a weekly report of all complaints, listing the name and address of the person complaining, the nature of the complaint, and disposition of such complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the Contractor. Complaints received before 12:00 noon, shall be serviced before 6:00 p.m. the same day; and complaints after 12:00 noon shall be serviced by 12:00 noon the following day. The Contractor shall notify the City of any unresolved complaints in the weekly report.  For each month in which the number of legitimate complaints reaches more than fifteen, whether for garbage or trash, or any other cause, the City shall be entitled to claim liquidated damages of twenty dollars per complaint in excess of 15 per month. Complaint shall be considered unsatisfactorily resolved unless satisfactory disposition of the claim is furnished. The decision of the City Manager shall be final. The Contractor will provide access and training to allow City staff to track and/or directly enter customer complaints into the Contractor's computer system. This system will also allow staff the ability to track the progress and results of customer complaints.

2). City personnel shall direct first time customer complaints to Contractor's customer service personnel. Instances in which customers have previously contacted the Contractor and satisfactory resolution has not been achieved, or in which customers have been redirected to contact the City causing City personnel to become involved in handling solid waste customer complaint issues, the Contractor shall reimburse the City its personnel service costs associated with City staff members involved. The City Manager or his/her designee will calculate personnel service costs. The City's calculation shall be final, conclusive and binding upon both the City and the Contractor. The 'personnel service cost" reimbursement shall be deducted from the next scheduled payment(s) to the Contractor and a detailed schedule shall be provided to the Contractor. In the event the Contractor does not agree with the cost deduction, the Contractor may appeal to the City Commission within thirty (30) days of the deduction.

E. Customer information

The Contractor shall provide each residential customer with a condensed version, approved by the City, of rules and regulations for refuse collection. Said condensed version shall outline rates and obligations of the customer and Contractor, according to the terms of this agreement.

(Ord. No. 2018-02, § 1, 02-20-2018)