Agenda Packets - 2024/03/25 - Laserfiche WebLink

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City Council Staff Report 3//2024 Page 2 first draft of the Contract was provided to the haulers, and received a second written response on February 19, 2024. The parties reached a tentative agreement on contract terms on February 26, 2024. The agreement is tentative because, as of February 261", the haulers had not submitted the agreement to their attorneys for review. It is assumed by all the parties that an agreement on those remaining terms can be reached. It is unknown whether the Contract has been reviewed by attorneys for all haulers. City staff has not received any substantive feedback from legal counsel for the haulers and most of the individual attorneys for the haulers stopped attending meetings in October 2023. On the evening of February 26, 2024, the haulers sent the City proposed pricing data and proffered price adjustment language, which are included in the Council packet. The parties met on the afternoon of February 27, 2024 to discuss the offer. The haulers were offered an opportunity to explain their offer. They did not provide any supporting documentation or explanation for how the offer was calculated. When questioned by the City, the haulers indicated that the price was not their last and best offer "by any stretch" and that they remained open to negotiations. The City explained that it wanted the haulers' best and final offer, and that the City would consider any amended proposals the haulers submit. The City also explained that the Council would meet the week of March 41" to review the proposal and would decide whether to continue negotiations. The City sent an email to the haulers on March 5, 2024, inviting them to the City Council workshop, explaining that the Council would consider whether to continue negotiations, and notifying them that they would have an opportunity to address the council directly. Unfortunately, due to the 5t" being primary election day, the meeting had to be moved to March 6t". Prior to the Council meeting, the City provided to the haulers a copy of the spreadsheet of rates being paid by current residents and a table of rates being paid by other cities. One representative, from Republic Services, attended the workshop and addressed the Council. No other representatives appeared or otherwise addressed or contacted the Council. The representative from Republic expressed an openness on behalf of all haulers to continue to negotiate price and a desire to come to an agreement. It should be noted that: The haulers were originally told the meeting would be held on March 51", at that time the City did not realize that March 5t" was an election day and that the Council meeting was prohibited. At the March 61" meeting, the representative from Republic indicated that the table of rates from other cities contained inaccurate or irrelevant information, so that table has been updated and is included in this packet. While no haulers appeared at the March 11, 2024 meeting, a representative of Ace forwarded a letter from the attorney for Ace and Walters for inclusion in the record. That letter is attached to the council file. At the March 11, 2024 meeting, the Council directed staff to seek a "best and final" offer from the haulers to be presented no later than March 21, 2024 at noon. On March 12, 2024, the City sent an email to all haulers and their attorneys explaining that the Council had determined that it is in the best interests of the residents of Mounds View for the City to consider a "best and final" price from the haulers and that it had tabled the resolution until their next meeting, in hopes of a best and final offer from the haulers for the Council's consideration. The Mounds View Vision A Thriving Desirable Commur,. MU210\313\938517.v5