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Regular City Council Meeting Monday,June 17, 2013 Page 28 Councilmember McGehee questioned fins assessed (pages 34-36) and whether they were reasonable or not; opining that they seemed unreasonable to her unless there were examples to share; and questioned where staff obtained those figures. City Attorney Gaughan responded that a point to keep in mind was that liquidated damages in this or any contract were put in place because parties recognized that a particular breach or failure was difficult to assign a value. Therefore, Mr. Gaughan advised that it was typical for everyone going in to accept the assigned value; with all parties recognizing it's impossible to arrive at an actual figure. Us- ing that comment as a preface, Mr. Gaughan advised that what was appropriate for one community may not serve as a benchmark for other communities. At the request of Mayor Roe, Mr. Pratt confirmed that there had only been one occasion in the last ten (10) years where these damages needed to be assessed. At the request of Councilmember Laliberte, Mr. Gaughan confirmed that they were only in place, by mutual agreement upfront, so a value didn't need to be de- termined at a later time At the request of Councilmember McGehee, Mr. Pratt reviewed how and when assessments were conducted for properties missed multiple times by a hauler; and recourses available and typically used with the vendors in seeking resolution. In Section 5.21 regarding seasonal park use and those facilities listed in the RFP (page 23), Councilmember Etten questioned why two of the City's heaviest used spaces (Central Park Lexington and Victoria West), were not included in the list; and how those facilities included in the list were arrived at. Mr. Pratt advised that Parks & Recreation staff were consulted, and this was the list they provided for the RFP. However, he offered to consult with them again. Mr. Pratt clarified that HANC was not as heavy of a user as the Wildlife Center. Councilmember Etten asked that staff bring the list to the attention of the Parks & Recreation Department again and determine if there should be other facilities added to the list to be included in the RFP. As part of that discussion, Mr. Schwartz noted that, if a facility was not on the list, those recyclables were brought back to the City campus, and were still recycled with other materials at this site. Regarding materials processing and marketing (page 28), Councilmember Etten questioned the rationale in mandating that materials go to markets in the Upper Midwest, opining that this created problems when the industry may have facilities in several areas of the nation, and requiring shipping to process or manufacture those materials. As an example, Councilmember Etten referenced the recycled