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721 Mr. Culver defined it as the approximate staff time to deal with the complaint(s). <br />722 <br />723 Member Seigler questioned if it was only charged if a repeated occurrence, and <br />724 not for every call; with Mr. Johnson responding that the intent was only for <br />725 repeated offences to provide the city with necessary teeth if it becomes <br />726 problematic. <br />727 <br />728 Member Cihacek stated that he would find "Performance Penalty" better <br />729 terminology than "Liquidated Damages." Member Cihacek also questioned if it <br />730 was better to include this as part of the contract language or part of the <br />731 solicitation; and if it occurred frequently, perhaps this endor should not be <br />732 retained, creating a different performance issue. <br />733 <br />734 Member Wozniak suggested further discussion or some proof of how staff arrived <br />735 at this city cost and how it was reflected or justified in a performance penalty. <br />736 MV <br />737 Member Cihacek noted that it was important that the city not attempt to make <br />738 money on the performance penalty, but to determine whether the city was losing <br />739 money due to the perfo ce issue; noting it may not always benefit the city in <br />740 considering other issues. ""011illllllll��� <br />741 <br />742 Member Wozniak suggeste , ow r, that it ne 16 to be based on some <br />743 enforcement ability by the city to encourage a vendor to act in good faith. <br />744 <br />745 Member Lenz questioned how many partial dumps were actually the faults of <br />746 residents. <br />747 <br />748 Mr. Johnson responded it dependent on who you talked to. When some material <br />749 falls out when put into the receptacle or cart by a resident, Mr. Johnson noted that <br />750 when checked out by Eureka, frequently the materials were packed in too tight. <br />751 <br />752 Mr. Culver noted that, at one point, there was some speculation on whether the <br />753 position of hydraulic arms on the neck of medium sized carts might squeeze too <br />754 hard or constrict complete dumping, a theory seen on multiple occasions. <br />755 <br />756 Member Wozn'a oted that he packed his cart tightly, but had never experienced <br />757 a problem. "01lllllllll <br />758 <br />759 Member Seigler noted there were only 80 reported incidents, and therefore may <br />760 not prove problematic in any event. <br />761 <br />762 Revenue Sharing <br />763 Mr. Johnson reported that staff recommended retaining this as part of a future <br />764 contract no matter how dismal the commodities market currently looked. <br />765 <br />Page 17 of 20 <br />