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BOCC removes ownership-change rebid clause from RAD franchise agreement after debate over county control
Summary
The board voted to remove Section 20 from the RAD exclusive solid-waste franchise agreement (dated 08/12/2015), eliminating a clause that triggered rebidding if more than 50% ownership changed; commissioners debated oversight and notice periods before approving the amendment.
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The Teton County Board of County Commissioners voted to remove Section 20 from the county's exclusive franchise agreement with RAD, a clause that had allowed the county to rebid the contract if RAD's ownership changed by more than 50 percent.
County staff and some commissioners expressed concern that deleting the clause would reduce the county's control if ownership changed; one speaker said the clause existed so the county could "ensure that whoever owned the franchise agreement with Teton County could financially continue the operation." Dave Radkerm, who spoke for RAD, told the board operational provisions would remain in force, noted the company has an active performance bond and said, "I remain in control of all decision making within Teton Valley." Radkerm also described the company as financially healthy and said he manages the books.
Commissioners and staff discussed contract history and timing: the original contract began in August 2015, a five-year extension was executed in 2022, and the first extension expires in August 2027; the current contract requires the county to give notice within 12 months of the contract expiration if it intends not to renew. Some board members asked whether the county could shorten the notice window (for instance to 90 days) to gain more flexibility; others said a one-year notice period is customary and provides time to find an alternative vendor without service interruption.
After discussion, Speaker 2 moved to remove Section 20 in its entirety from the exclusive franchise agreement dated 08/12/2015; Speaker 1 seconded and the motion carried. The board then recessed to executive session under Idaho Code 74-206(1)(b).
