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105 <br />system is a useful tool to assess claims and that data may be used as evidence by Service <br />Provider for proof of time of service for each unit that claims to be a missed collection. <br />If County receives a report of five (5) or more missed collections in one area on a working day <br />that is followed by a non - working day, Service Provider will provide collection by 5:00 p.m. the <br />following day, excluding holidays. For example if County receives notification of five (5) or more <br />missed collections on one street, or in one neighborhood at 4:30 p.m. on a Friday and notifies <br />Service Provider of the reported misses by close of business on that Friday, will provide collection <br />by 5:00 p.m. on Saturday (assuming that Saturday is not a recognized holiday). <br />If Recycling Carts which were recorded by County as not collected by Service Provider are not <br />collected within the stipulated timeframe outlined above following written notification of Service <br />Provider by County, County may levy penalties equal to $25 per Unit per day not collected. To <br />avoid the penalty, Service Provider must provide legitimate explanation for non - collection within <br />the stipulated collection timeframe outlined above if the Cart was unable to be collected for a <br />certain reason. <br />Response to complaints as registered by County does not necessarily mean collection of <br />recyclables if it can be shown by Service Provider that the recyclables were set out after the <br />prescribed pick up time (late set - outs), or if it can be demonstrated that the materials were <br />improperly prepared or that the Recyclable Materials were inaccessible (see Section IV, <br />subsection F). <br />Excessive Missed Collections may be considered a default condition. Accordingly, the Service <br />Provider must pay liquidated damages in accordance with the following: <br />• The Service Provider shall collect missed collections within the stipulated <br />timeframe outlined above; and <br />• Starting with the fifth (5th) unresolved missed collection within the stipulated <br />timeframe in any thirty (30) day period, liquidated damages in the amount of four <br />hundred dollars ($400.00) per occurrence will be assessed to the Provider. <br />Within the past two years the County has assessed at least one penalty to current Urban <br />Curbside Recycling Service Provider in the amount of $425 for failure to collect within time -frame <br />listed above after receiving notice of a missed street from the County. <br />F. Refusal to Pick -up <br />1. Improperly Prepared Materials <br />Service Provider shall not refuse to collect any reasonably prepared Recyclable Materials. <br />When and if Recyclable Materials are not collected due to improper preparation or <br />unapproved Recycling Cart, a properly executed notice (Oops Tag) must be attached to cart <br />by Service Provider with the rejected materials and /or rejected Cart. The forms for notification <br />(Oops Tags) are to be designed and approved by the County but shall be printed by the <br />Service Provider at the Provider's expense. (A copy of the current Oops tag is included as an <br />attachment to this RFP.) Current Service provider estimates that 50 -75 oops tags are put out <br />per month for improperly prepared bins, contamination, unacceptable items, etc. The current <br />Service Provider notes that due to high student occupancy of units near the University of <br />North Carolina - Chapel Hill most oops tags are distributed more frequently in and around the <br />University campus. This notice must accurately describe why the Cart contents or Recyclable <br />Materials were not collected. The burden of proof for determining whether a properly <br />completed Oops Tag was left with rejected material will be with the Provider. <br />RFP #5199 Page 13 of 26 <br />