2016-573-Resolution No. 2016-066 Recorded 12/16/2016REIEWED/ NANCYUTES COUNTY BLANKENSHIP,FFICIAL RECORDS C UNTY CLERK�d 2016473
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LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Sole Source *
Procurement for Solid Waste Equipment Rebuild * RESOLUTION NO. 2016-066
*
WHEREAS, ORS 279A and applicable contracting rules in Deschutes County Code generally require
that contracts for public improvements be let to the lowest bidder; and
WHEREAS, Deschutes County has adopted the Model Rules of Public Contracting, including
applicable provisions in OAR 137; and
WHEREAS, the Board of County Commissioners is designated as Deschutes County's Local Public
Contract Review Board; and
WHEREAS, OAR 137-047-0275 authorizes the Local Public Contract Review Board to award a
contract for goods or services without competition when it determines in writing that the goods or services, or
class of goods or services, are available from only one source; and
WHEREAS, based on the findings in Exhibit A, attached and incorporated by reference, the Local
Public Contract Review Board finds that the goods/services for the County's Caterpillar 836 Landfill Compactor
Rebuild is available in Oregon only from Peterson CAT; and
WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole source contract was
published in the Bulletin Newspaper on 11/28/16 through 12/4/16 (Affidavit of Publication attached as Exhibit
B) and no protests have been received; and
WHEREAS, because only one source is available within Oregon to provide the necessary
goods/services, the Board of County Commissioners intends to award the contract; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, acting in its capacity as the Local Public Contracting Review Board, as follows:
Section 1. The Board adopts the findings in Exhibit A and authorizes awarding of the sole source
contract to Peterson CAT.
PAGE 1 OF 1 — RESOLUTION NO.2016-066
Section 2. Effective Date. This Resolution shall be effective upon adoption.
Dated this / 9 -of , 2016
ATTEST:
Recording Secretary
PAGE 2 OF 1— RESOLUTION NO. 2016-066
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Cda.
ALAN UNGER, Chair
TAMMY BANEY, Vice " air
ANTHONY DEBONE, Commissioner
EXHIBIT A
BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON,
IN ITS CAPACITY AS THE COUNTY'S LOCAL PUBLIC CONTRACT REVIEW BOARD
AGENDA ITEM:
Award of contract for goods and services without competition, as a sole -source procurement, pursuant
to ORS 279B.075, OAR 137 and Deschutes County Code 2.37.
FINDINGS IN SUPPORT OF PROPOSED ACTION:
1. The Solid Waste Department requires rebuild of an existing Landfill Compactor for efficient use
and general landfill operations.
2. The Solid Waste Department has compared the purchase of a new Landfill Compactor
($990,000) to rebuild of the existing Landfill Compactor ($300,000) and has determined that the
rebuild will provide a warranty equal to the warranty of a new machine, and will provide the
same service life of a new machine.
3. The Landfill Compactor was initially acquired through competitive bidding.
4. This is a very extensive rebuild that will either replace or refurbish all components of the Landfill
Compactor. This rebuild must be performed using genuine Caterpillar parts to retain the
reliability and life span of the machine. The dealer will perform required updates, adding
reliability and value to the rebuild.
5. Peterson CAT is the single Caterpillar dealer in Oregon, and Caterpillar, Inc., will provide a 25%
discount on all parts needed for the rebuild. This is a significant savings that is not available
from other entities (non -Caterpillar shops).
6. Warranty support is provided locally. Response time is critical and cost of travel time and
mileage is greatly reduced through use of in-state vendor.
7. The Solid Waste Department has negotiated extremely favorable contract terms that are
advantageous to the County.
EXHIBIT B
Affidavit of Publication
STATE OF OREGON, COUNTY OF DESCHUTES
I, Shawn Antoni, a citizen of the United States and a resident of the county aforesaid; I am over the age of
eighteen years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of
The Bulletin
1777 SW Chandler Ave, Bend OR 97702
a daily newspaper of general circulation, published in the aforesaid county and state as defined by
ORS 193.010 and ORS 193.020, that
Acct Name: Deschutes County Solid Waste
Case:
Legal Description: PUBLIC NOTICE, Notice of Intent to , Award Sole Source , Contract„
Deschutes County intends to make a purchase which has been
determined to qualify as a...
a printed copy of which is hereto affixed was published in each regular and entire issue of the said
newspaper and not in any supplement thereof on the following dates, to wit:
11/26/16 Page C8
11/27/16 Page F4
11/28/16 Page C5
11/29/16 Page C7
11/30/16 Page C8
12/1/16 Page C7
12/2/16 Page C7
No.
In the Court of the
STATE OF OREGON
for the
COUNTY OF DESCHUTES
AFFIDAVIT OF PUBLICATION
Filed
By
From the Office of
Attorney for
Affidavit of Publication
STATE OF OREGON, COUNTY OF DESCHUTES
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Bend, Oregon, this 2 day of Decembpr, 2016.
AdName: 20814290A
State of Oregon, County of Deschutes
Subscribed and Sworn to before me this 2 day of rt_s_ , 201
Notary Public for Oregon
No.
In the Court of the
STATE OF OREGON
for the
COUNTY OF DESCHUTES
AFFIDAVIT OF PUBLICATION
Filed
By
From the Office of
Attorney for
Signature
Y
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OFFICAL STAMP
KATHLEEN ROSE MCCOOL
NOTARY PUBLIC -OREGON
COMMISSION NO. 940877
MY COMMISSION EXPIRES JULY 19, 2019
THE BULLETIN • FRIDAY, DE
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05818 CITY OF BEND
NOTICE OF PUBLIC
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A public hearing on
proposed fee
changes for the City
of Bend, Deschutes
County, State of Or-
egon, will be held in
the Council Cham-
bers at City Hall,
710 NW Wall Street,
Bend. The pro-
posed fee changes
will be • effective
January 1, 2017.
The hearing will take
place on December
7, 2016 at 7:00 p.m.
The purpose of the
hearing is to dis-
cuss the proposed
fee changes with.
interested persons.
Copies of the pro-
posed fee changes
are available for re-
view at City Hall;
710 NW Wall Street,
during normal busi-
ness hours.
LEGAL NOTICE
TRUSTEE'S NOTICE
OF SALE. Reference
is made to that cer-
tain trust deed made
by NEAL WHITSON,
A --SINGLE PERSON
as grantor, to FIDEL-
ITY NATIONAL TITLE
INS CO as trustee, in
favor of WELLS
FARGO BANK, N.A.
as beneficiary, dated
September 1, 2005,
recorded September
12, 2005, in the mort-
gage records of Des-
chutes County, . Or-
egon, as Document
No. 2005-61163, cov-
ering
overing the following de-
scribed real property
situated in said county
and state, to wit: LOT
EIGHT IN BLOCK SS
OF DESCHUTES
RIVER WOODS, DE-
,SCHUTES COUNTY,
OREGON: PROP-.
ERTY ADDRESS:
19225 SHOSHONE
RD., Bend, OR
97702. There is a
default by the grantor
or other person owing
an obligation or by
their successor in in-
terest, the perfor-
mance of which is se-
cured by said trust
deed, or by their suc-
cessor in interest, with
respect to provisions
therein which autho-
rize sale in the event
of default of such pro-
vision. The default for
which foreclosure is
made is grantors' fail-
ure to pay when due
the following sums:
monthly payments in
the total amount of
$4,649.36 beginning
August 1, 2014
through July 25, 2016;
less a suspense bal-
ance of $14.93; plus
accrued late charges
in the amount of
$128.94; together with
title expense, costs,
trustee's fees and
attorney's fees in-
curred herein by rea-
son of said default;
any further sums ad-
vanced by the benefi-
ciary for the protea
tion of the above
described real prop,
eery and its interest
therein; and 'prepay-
ment penalties/premi-
ums, if applicable, By
reason of said default,
the beneficiary has
declared all sums
owing on the obliga-
tion secured by said
trust deed immedi-
ately due and pay-
able; said sums being
the following, to wit:
$33,673.95 with inter-
est thereon at the rate
of 6.00000 percent
per annum beginning
November 1, 2015;
plus escrow ad-
vances of $347.72;
less a suspense bal-
ance of $14.93; plus
accumulated late
charges in the amount
of $128.94; together
with, title expense,
costs, trustee's fees
and attorney's fees
incurred herein by
reason of said default;
any further sums ad-
vanced by the benefi-
ciary for the protec-
tion of the above .
described property
and its interest
therein; and prepay-
ment penalties/premi-
ums, if applicable.
WHEREFORE, no-
tice is hereby given
that the undersigned
trustee will on De-
cember 15, 2016, at
the hour of 11:00 AM,
in accord with the
standard of time es-
tablished by ORS
187.110, at Des-
chutes County Court-
house Front Entrance,
1100 NW Bond
Street, Bend, OR
97701, in the City of
Bend, County of Des-
chutes, State of Or-
egon, sell at public
auction to the highest
bidder for cash the
interest in the real
property described
above, which the
grantor had or had
power to convey at
the time of the execu-
tion by grantor of the
trust deed together
with any interest
which the grantor or
grantor's successors
in interest acquired
after the execution of
the trust deed, to sat-
isfy the foregoing ob-
°ligations thereby se-
cured and the costs
and expenses of the
sale, including rea-
sonable charges by
the trustee. Notice is
further given that any
person named in ORS
86.778 has the right,
at any time that is not
later than five days
before the date last
set for the sale, to
have this foreclosure
proceeding dismissed
and the trust deed
reinstated - by pay-
ment to the benefi-
clary of the entire
amount then due
(other than, such por-
tion of the principle as
would not then be due
had no default oc-
curred) and by curing
any other default
complained of herein
that is capable of be-
ing cured. by tender-
ing the performance
required . under the
obligation or trust
deed, and in addition
to paying those sums
or tendering the per-
formance necessary
to cure the default, by
paying all costs and
expenses actually in-
curred in enforcing the
obligation and trust
deed, together with
trustee and attorney
fees not exceeding
the amounts provided
by ORS 86.778. With-
out limiting the
trustee's disclaimer of
representations or
warranties, Oregon
law requires the
trustee to state in this
notice that some resi-
dential property sold
at a trustee's sale
may have been used
in manufacturing
methamphetamines,
the chemical compo
nents of which are
known to be toxic.
Prospective purchas-
ers of residential
property should be
aware of this poten-
tial danger before de-
ciding to place 9 bid
for this property at the
trustee's sale. In con-
struing this notice, the
singular includes the
plural, the word
"grantor" includes any
successor in interest
to the grantor as well
as any other person
owing an obligation,
the performance of
which is secured by
the trust deed, and
the words "trustee"
and • beneficiary" in-
clude their respective
successors in interest,
if any. Robinson Tait,
P.S., 710 Second
Ave., Suite 710, Se-
attle, WA 98104.
PUBLIC NOTICE
Notice of Intent to
Award Sole Source
Contract
Deschutes County
intends to make a
purchase which has
been determined to
qualify as a %'Sole
Source" purchase
made in accordance
with ORS 279B, OAR
137-047 and DCC
2.37. The purpose of
this Notice of Intent to
Award is to publicly
announce the
County's intent to
award a sole source
contract for the com-
plete rebuild/refurbish
of a Caterpillar 836
Landfill Compactor.
The proposal price is:
$269,471.41.
Any Contractor who
does not agree that
the rebuild/refurbish is
available only from
Peterson Cat, the only
Caterpillar dealer in
Oregon- - determined
to be the sole source -
may protest the No-
tice of Intent to Award
by contacting the De-
schutes County Board
of Commissioners at
1300 NW Wall Street,
Bend, OR 97703,
within seven (7) days
after the publication
date of this Notice.
Your protest must be
in writing and de-
scribe the basis for
the protest.
USE THE CLASSIFIEDS!
Door-to-door selling with
fast results! It's the easiest
way in the world to sell.
The Bulletin Classified
541-385,-5809
1