County-led negotiations delay city franchise vote as haulers contest liquidated-damage language

Deschutes County and Redmond city staff told council they are working to modernize franchise agreements with private haulers and will coordinate positions countywide after competing hauler priorities delayed a city vote.

Tim Brownell, director of solid waste for Deschutes County, told council the county and cities are negotiating a more uniform franchise agreement; two primary haulers operating in the county, Republic Services and Cascade Disposal (a Waste Connections company), have different positions on performance enforcement language. Brownell said Cascade opposes liquidated-damage provisions and prefers early-termination language, while Republic Services favors a liquidated-damage approach as part of a performance-consequence plan.

Why it matters: The franchise agreement governs service standards and compliance consequences for waste collection. Brownell said the county has offered to administer day-to-day compliance if municipalities adopt aligned language. City staff told council they will remain aligned with the county in negotiations and will not advance a separate Redmond-only draft while county discussions continue.

Negotiation status and next steps: Brownell estimated a window of two to four weeks to reach clarity on whether a universal county agreement is feasible or whether jurisdictions will diverge on enforcement approach. City staff said a competent draft exists that includes daily-rate liquidated-damage language (a higher rate than an earlier $2.50 figure), but the city will hold the draft while the county works to reconcile positions across haulers and jurisdictions.

What was not decided: Council did not vote on franchise terms or adopt an ordinance. Staff advised the council to direct outside inquiries back to staff while negotiations continue; several council members agreed the city should coordinate with the county rather than negotiate independently.

Implementation and risk: County staff described the legal trade-offs: liquidated-damage clauses can lead to costly disputes if parties disagree about compliance; early termination offers a different legal pathway but less immediate financial remedy. Staff characterized the negotiation as "close on major components" with disagreement focused on consequence language. Brownell said both haulers are actively engaging council and county officials to explain their priorities.

The city will await the county outcome and said it expects an updated status within roughly a month.