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March 11, 2024 Via Email Again, none of the above was considered by City Council, and the haulers identified these points with just a short review of the data over the last several days. As you know, the haulers are actually parties to these contracts and understand how they were priced, yet they were not given a sufficient opportunity to respond or provide further information and context (or even confirm the (in)accuracy of the data the City is relying on). Moreover, we have not completed our analysis and suspect there will be more information uncovered that reinforces our view that the hauler consortiu proposal is actually much closer to other cities than shown, and much more current and forward -looking given the current economic environment. If the City truly desires to negotiate a contract in good faith, more (correct) substantive analysis and discussion —rather than drawing inaccurate conclusions based on incomplete and, in some cases, flatly incorrect data —is critical. As Zikmund stated during the workshop, as we understand it, comparing apples to apples is very difficult. He is correct. C. The hauler's proposal and next steps The current proposal is just the hauler consortium's first offer regarding price. The haulers have been clear that it in no way represents a best -and -final offer. But terms and price have an important and coextensive relationship. The City has demanded several extremely costly terms; for example, demanding the haulers fund a payment bond.I It is a shame that there was no discussion of the nuances of the Mounds View contract compared to any other, nor discussion of how the price provided interacts with the terms demanded by the City, yet devastating conclusions have been drawn about the future of my clients' businesses in Mounds View. This is not the intention of the organized collection statute nor does it reflect any efforts by the City to negotiate in good faith. If the City truly wanted to negotiate with the hauler consortium, the parties could continue to discuss how certain of the City's contractual demands impact price and the parties could discuss how to bring the price in line with the City's desires while maintaining the level of service the City wants for its residents. As it stands, the City Council's vote today, if it proceeds as the City has indicated it will, will likely take from my clients their valuable books of business in Mounds View. I urge the City Council to reconsider this course of action. If it does not, we will be forced to promptly proceed in the litigation with all appropriate steps. We are prepared to vindicate my clients' legal rights to the fullest extent possible under the law. Very truly yours, s/ Cassandra Merrick Cassandra Merrick 1 This is a very expensive item that drives price. My clients know of only one other city that has this requirement and firmly believe it is not necessary.