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WHEREAS, in addition to the in -person meetings described above, the City repeatedly <br />offered to review written feedback and requested that the haulers, their representatives, and <br />their legal counsel provide such on a draft solid waste contract (the "Contract"); and <br />WHEREAS, the Contract is substantially similar to other organized solid waste contracts <br />executed by other cities; and <br />WHEREAS, prior to the initiation of negotiations, the City, by letter, notified the haulers <br />that the deadline for a best and final proposal from the haulers was approximately January 11, <br />2024; and <br />WHEREAS, the City and the haulers met on January 4, 2024, at which time it was clear <br />that the haulers would not be prepared to make an offer by January 11, 2024; and <br />WHEREAS, on January 4, 2024, the City notified the haulers that it intended to create <br />an organized collection options committee pursuant to the Statute, so that, in the event an <br />agreement is not reached with the City and the haulers by its deadline, the City could move <br />forward with organized collection; and <br />WHEREAS, under the Statute, prior to issuing a request for proposals, the City is <br />required to establish an organized collection options committee to identify, examine, and <br />evaluate various methods of collection and appoint the members of the committee; and <br />WHEREAS, based on a subsequent request from the haulers, the City also extended <br />the deadline for a proposal from the haulers from January 11, 2024 to January 31, 2024; and <br />WHEREAS, on January 8, 2024, the City Council established an organized collections <br />options committee, which met on January 17, 2024, January 24, 2024, and January 31, 2024; <br />and <br />WHEREAS, at the haulers' request, following the January 31, 2024 meeting, the City <br />suspended the organized collections options committee meetings; and <br />WHEREAS, the City and the haulers continued to negotiate and met on at least nine <br />additional occasions, January 11, 2024, January 18, 2024, January 25, 2024, February 5, <br />2024, February 8, 2024, February 12, 2024, February 19, 2024, February 26, 2024, February <br />27, 2024, and March 5, 2024; and <br />WHEREAS, throughout the negotiation process, the haulers provided written feedback <br />on the City's proposed Contract on only two occasions months after the negotiations began, <br />on February 7, 2024 and on February 19, 2024, and all other drafts reflecting the progress of <br />the parties discussions at in -person meetings were provided by the City; and <br />WHEREAS, on February 26, 2024, the parties reached a tentative agreement on the <br />Contract, although the haulers explained that the agreement was tentative because some of <br />their legal counsel had not yet reviewed the Contract; and <br />WHEREAS, on the evening of February 26, 2024, the haulers sent a proposal for rates <br />and the method for rate increases to the City; and <br />2 <br />MU210\313\938465.v6 <br />