2020-181-Order No. 2020-028 Recorded 6/8/2020REVIEWED Recorded in Deschutes County CJ2020-181
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Nancy Blankenship, County Clerk
Commissioners' Journal 06/08/2020 1:55:27 PM
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2020-181
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Transferring Solid Waste Franchises
and Consenting to Identified Assignment
ORDER NO. 2020-028
WHEREAS, LaPine Disposal & Recycling, Inc., dba Wilderness Garbage & Recycling Service (LPW)
was previously granted a franchise(s) to collect solid waste within identified area(s) in Deschutes County; and
WHEREAS, LPW has requested that all solid waste franchise rights granted or transferred to it by
Deschutes County as of the present date, be transferred to Allied Waste Transfer Services of Oregon, dba
Republic Services of Oregon (Republic); and
- WHEREAS, Deschutes County has ascertained that Republic is qualified to operate as a solid waste
franchisee under DCC 13.24; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That Deschutes County approves the transfer from LPW to Republic of the solid waste
franchise(s) granted or transferred to LPW by Deschutes County as of the date of this Order.
Section 2. That Deschutes County consents as follows:
(a) to an assignment, by LPW to Republic, of LPW's interests in the November 1, 2010 (as amended and
renewed) Industrial Lease
Section 3. That the transfer in Section 1 and the consent in Section 2 shall become effective as of the
effective date of the transfer from LPW to Republic provided that the effective date of the transfer is no later than
July 30, 2020, and provided that payment by franchisee of all due fees and costs have been made, accepted and
receipted by Deschutes County.
Dated this of June, 2020
ATTEST:
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carding S66retary
BOARD OF COUNTY COMMISSIONERS
OFDESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANT ONY DeBONE, Vic air
Pl,,- JA"
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PHILIP G. ERSON, Commissioner
PAGE 1 OF 1- ORDER No. 2020-028
61420 RUSSELL ROAD
P.O. BOX 2669
LAPINE. ORMON 97739
Phone 641.636-1194
Fax 641.53&9607
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1300 NW WALL STREET
BEND, OR 97703
TIMM SCHIMKE
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61050 SE 27TH STREET
BEND, OR 97702
Re: Request for:
1. Approval of Solid Waste Collection Franchise Transfer
2. Approval of Assignment of Deschutes County Industrial Lease
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LaPine Disposal & Recycling, Inc., dba Wilderness Garbage & Recycling Service ("Wilderness"),
has entered into an agreement to sell its operational assets to Allied Waste Transfer Services'' of
Oregon, LLC, an Oregon limited liability company, dba Republic Services of Oregon
(°'Republic"), subject to certain conditions. Included within the assets to be acquired are various
contract rights and intangibles, including (a) the exclusive franchise currently held by Wildernes's
under the terms of Chapter 13.24, Deschutes County Code (the "Franchise"), and (b) the rights of
Wilderness as tenant under that Industrial Lease dated effective November 1, 2010 as amended
and renewed (the "Lcase'). The purpose of this letter is to request County approval of the proposed
transfer.
Republic is uniquely qualified to seamlessly assume the role of solid waste franchisee and tenant,
Specifically..
1. Republic is acquiring all operational assets of Wilderness.
1 Subject to standard background checks and testing, Republic will retain all current
. franchisee employees.
3. Republic has sufficient vehicles, equipment, facilities, personnel and financial resources to
provide quality service as required by the Ordinance and to meet the standards imposed by
all State and Federal laws and regulations.
Tom Anderson, County Administrator
Timm Schimke, Solid Waste Administrator
May 14,2020
Page 2
4. Republic and its affiliates currently provide solid waste collection service and the
opportunity to recycle in other jurisdictions within Oregon, including without limitation
portions of Deschutes County and the entirety of Crook County.
5, Republic will have in force public liability insurance in an amount not less than that
required by the County. As a condition of the requested transfer, Republic will cause the
County to be named as a co-insured on the policy and to further provide that the policy
may not be cancelled without thirty (3 0) days' written notice to the County.
NVe believe the proposed sale is a positive step for both Republic and Wilderness, as well as the
County. Republic has the industry presence and operational capability necessary to meet the ever-
growing waste collection and recycling needs of the County. Our analysis and investigation have
led us to conclude that Republic will continue the community and employee focus which have
become trademarks of Wildemess over the life of the Franchise.
Due to confidentiality requirements, this request is being submitted on what is acknowledged to
be short notice. Time is, however, of the essence. Accordingly, we request that this matter be
placed on the Commission agenda on the earliest possible dates. The specific action requested is
as follows-,
1. Commission approval of the contemplated Franchise transfer.
2. Designation of Republic as the holder of the exclusive collection Franchise currently
held by Wilderness.
3. Declaration of an emergency in order to facilitate immediate implementation.
4. Consent to the assignment by Wilderness to Republic of the interest of Wilderness in
the Lease.
Thank you for your cooperation and assistance in the process. Representatives of Wilderness and
Republic are prepared to meet with you at any time to discuss this request or provide additional
information.
Very truly yours,
By:
Cgrinne M. Martinez, Pre6sident
By:
Stuart Martinez, Secretary
1� �
o c Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of June 3, 2020
DATE: May 19, 2020
FROM: Timm Schimke, Solid Waste, 541-317-3177
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2020-028, Transferring Solid Waste
Franchises and Consenting to Identified Assignment
0TES c4��-�
° { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 3, 2020
DATE: May 18, 2020
FROM: Timm Schimke Solid Waste x3177
TITLE OF AGENDA ITEM:
Board Order No. 2020-028.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County grants a number of franchise agreements to solid waste collection businesses. The
franchise process is controlled by DCC 13.24. An existing franchisee, LaPine Disposal & Recycling
has been sold to Republic Services. DCC requires BOCC action within 30 days of request.
FISCAL IMPLICATIONS:
No change or modification. Franchise fees are as provided by DCC 13.24, et al.
RECOMMENDATION & ACTION REOUES T ED:
Board action to approve Order No. 2020-028, transfer of solid waste franchise and consent to identified
assignment.
ATTENDANCE:
Timm Schimke, Solid Waste
DISTRIBUTION OF DOCUMENTS:
Solid Waste
BOCC
Legal