§ 4.0. COLLECTION OPERATIONS - GENERAL PROVISIONS

4.01 Location of Carts and Yard Waste for Collection. All Carts and Yard Waste shall be placed at curbside for Collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled public roadways (including alleys). Carts and Yard Waste shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Carts and Yard Waste shall be placed as close as practicable to an access point for the Collection Vehicle. Contractor may decline to collect any Cart or Yard Waste not properly placed at curbside for Collection.

4.02 Hours of Operation. Collection of Waste Material shall not start before 4:00 A.M. or continue after 8:00 P.M. on the same day. Exceptions to Collection Hours shall be effected only upon approval by the LCG Director of Public Works.

4.03 Routes of Collection. Residential Unit Collection Routes shall be established by Contractor. Contractor shall submit a map designating the Residential Unit Collection Routes to LCG for approval, which approval shall not be unreasonably withheld, at least two (2) weeks in advance of the commencement date for such route Collection activity. Contractor may from time to time make changes in routes or days of Collection affecting Residential Units, provided such changes in routes or days of Collection are submitted to LCG for approval at least two (2) weeks in advance of the commencement date for such changes. Contractor shall promptly give written or published notice to the affected Residential Units.

4.04 Holidays. The following shall be holidays for purposes of this Contract:

• New Year's Day

• Mardi Gras

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Christmas Day

• Any Other Holiday Designated by LCG

Contractor may decide to observe any or all of the above mentioned holidays by suspension of Collection Service on the holiday, but such decision in no manner relieves Contractor of his obligation to provide Collection Service at Residential Units at least once per week.

4.05 Complaints. All complaints shall be made or referred to Contractor and shall be given prompt and courteous attention. In the case of an alleged Missed Collection, Contractor shall promptly investigate and, if such allegation is determined to be legitimate, shall collect the previously uncollected Waste Material within 24 hours after the complaint is received.

Contractor will submit to the LCG Director of Public Works, or his designee, on a monthly basis a report of all complaint calls for the month as well as the status of each complaint (the "Report"). The Report shall be in a format approved by the LCG Director of Public Works and shall contain the following information:

1)

Identification Number;

2)

Date and time of call;

3)

Customer name, address, and phone number;

4)

Nature of the complaint;

5)

Contractor determination as to legitimate or non-legitimate complaint; and

6)

Date, time and action taken to resolve complaint.

4.06 Penalty. The penalty for a Verified Missed Collection shall be $25 per un-serviced Residential Unit per day beginning with the second day, the amount to be deducted from LCG's monthly payment to Contractor.

Contractor will not be required to pick up waste if a road becomes impassable and prohibits access to a Residential Unit from any direction on a roadway. Contractor, however, will be required to notify LCG of this occurrence and will be required to pick up waste at the nearest public roadway or at a point of closure.

4.07 Vehicles and Equipment. Contractor shall furnish vehicles that are for the use of providing Collection Services under this Contract, and shall be responsible for the purchase, operation and maintenance of all equipment used to perform the obligations in this Contract. Contractor shall provide adequate and sufficient trucks, garages, shops, and yards to provide all weather year round operation and to adequately clean and maintain vehicles and equipment. Contractor shall maintain and be responsible for equipment replacement when necessary. Contractor shall provide an adequate number of Collection Vehicles to fulfill the requirements of these specifications for regular Collection and transportation service.

4.07.1 Contractor shall also have sufficient Spare Vehicles and equipment that can be put into service and operation within two (2) hours of any breakdown, in order to ensure proper Collection and transportation service.

4.07.2 All vehicles and equipment including spares used in Collection and transportation of all services provided within the Service Area shall be no more than two (2) years old at the commencement of this Contract and shall be of sufficient size, capacity, and number to adequately and efficiently collect all materials specified, in accordance with the terms of this Contract. All vehicles used in the performance of duties under this Contract shall be less than ten (10) years old. When any vehicle becomes ten (10) years old, it shall be removed from service under this Contract, and replaced by either new equipment or equipment that is less than ten (10) years old.

In all cases, each Garbage truck shall be equipped with a closed body that incorporates a device for compacting collected Garbage.

The maximum capacity of rear loader vehicles used for the manual Collection of Waste Material shall not exceed twenty-five (25) cubic yards (compacted - excluding hopper volume). The maximum capacity of automated Collection Vehicles used for Automated Collection shall not exceed thirty-three (33) cubic yards (compacted - excluding hopper volume).

4.07.3 All vehicles shall be kept in good repair and in a sanitary condition at all times. To ensure compliance herewith, the LCG reserves the right to inspect Contractor vehicles at any reasonable time to ascertain said conditions, and to require corrective action to insure that all vehicles are properly maintained and in sanitary condition at all times.

4.07.4 All vehicles used in association with this Contract shall be maintained in a manner so as to project a positive public image and to avoid complaints from residents of the Service Area. All vehicles so used shall be washed weekly (minimum) to avoid odors and maintain a positive public image. Any vehicle in poor condition as to appearance shall be painted if requested by LCG.

4.07.5 All vehicles must be clearly identified with Contractor name, phone number, truck number, and the company logo on each side and permitted according to all appropriate state and local LCG codes and ordinances for vehicles of this type. The identity and telephone number of Contractor shall be in letters at least four inches (4") high and of a color contrasting with the color of the equipment or signage. Suggested colors and logos chosen by Contractor shall be submitted to LCG for review and concurrence prior to painting any vehicles to be used in the Garbage Collection programs.

4.07.6 No advertising shall be permitted on Garbage or Trash Collection Vehicles unless approved in writing in advance by LCG Director of Public Works.

4.08 Supervision By Contractor. Contractor shall be responsible for supervision of all employees and personnel required for the work under this Contract.

4.09 Office. Contractor shall maintain an office or such other facilities through which it can be contacted by direct visit or by local (toll free) call from anywhere in the Service Area. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M on regular Collection days.

4.10 Hauling. All Waste Material hauled by Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are minimized.

4.11 Disposal. All Waste Material collected within the Service Area under this Contract shall be deposited at any Disposal Site properly authorized by the State. Contractor shall negotiate directly with the Owner/Operator of the Disposal Site for permission to use the Disposal Site and Contractor shall bear all Disposal costs.

4.12 Additional Collection Requirements. Contractor shall provide for the Collection (within the streets rights-of-way) of Small Dead Animals within twenty-four (24) hours of notification (excluding Sundays and Holidays) by a Resident or an officer or agent of LCG of the existence of such dead animals. Contractor is not obligated to provide for the Collection of any Small Dead Animal located on an interstate highway.

4.13 Notification. LCG shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Waste Material Collections.

4.14 Point of Contact. All dealing, contacts, etc., between Contractor and LCG shall be done so as provided for in Exhibit "F."

4.15 Litter or Spillage. Contractor shall not litter premises in the process of making Collections, but Contractor shall not be required to collect any Waste Material that has not been placed in approved containers or in a manner herein provided. During hauling, all Waste Material shall be contained, tied or enclosed so that leaking, spillage or blowing is minimized. In the event of spillage by Contractor, Contractor shall be required to clean up the litter caused by the spillage.

4.16 Act 185. Act 185 adopted during the regular session of the 1989 Louisiana Legislature prohibits the knowing and intentional Disposal of waste tires after January 1, 1991 at a landfill. Therefore, Contractor will provide this service to any Residential Customer who is agreeable to paying a special pick up rate negotiated directly between Contractor and the Customer for the Collection of tires.

(Ord. No. O-216-2008, Exh., 11-4-08)