AGENDA BILL. Beaverton City Council Beaverton, Oregon BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $60,000 BUDGETED $-0- REQUIRED $60,000*

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1 AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: Authorize the Mayor to Sign an Amendment to an Intergovernmental Agreement with Metro Regional Government for Development and Implementation of a Commercial Organics Waste Collection Program, Establish a Limited Duration.75 FTE Program Coordinator, and Authorize Appropriations Through a Special Purpose Grant Budget Adjustment Resolution. FOR AGENDA OF: BILL NO: Mayor's Approval: 10 ~ I) oa-- DEPARTMENT OF ORIGIN: Mayor's Office~t:-. DATE SUBMITTED: CLEARANCES: City Attorney~5\(vt...J CAO ~~ Finance \~t)l PROCEEDING: CONSENT AGENDA EXHIBITS: Resolution Special Purpose Grant Budget Adjustment Resolution Amendment NO.1 to Metro IGA No Agenda Bill BUDGET IMPACT EXPENDITURE AMOUNT APPROPRIATION REQUIRED $60,000 BUDGETED $-0- REQUIRED $60,000* *The $60,000 Appropriation Required amount would be funded through a special purpose grant from Metro and the necessary appropriation can be established through the attached Special Purpose Grant Budget Adjustment Resolution. RECOMMENDED ACTION: City Council authorizes: The Mayor to sign, in a form approved by the City Attorney, Amendment No. 1 to the Intergovernmental Agreement with Metro Regional Government for the implementation of a Commercial Organics Waste Collection Program; The establishment of a limited duration 0.75 Full Time Equivalent Program Coordinator position; Approve the attached Special Purpose Grant Budget Adjustment Resolution that will establish the necessary appropriations for a grant funded limited duration position. The original Intergovernmental Agreement was approved by Council on June 7, The amended IGA shall remain effective until December 31,2012. HISTORICAL PERSPECTIVE: The implementation of a commercial organics (food scraps) collection program across the region has been a goal of Metro and local governments for many years. The original $25,000 IGA provides funds for the purchase of organics waste collection containers, development and production of education and outreach materials, and other equipment necessary for implementation of a commercial organics program. Until recently, the lack of processing capacity prevented this from occurring. Agenda Bill No: 11203

2 The City of Portland was the first jurisdiction in the region to develop a commercial organics collection program. Since the program started in 2006, more than 700 businesses have voluntarily participated in Portland Composts and 17,000 tons of food scraps are composted each year. Metro has identified Beaverton and Gresham as the next major expansion areas for commercial organics. Recognizing that initial development and implementation requires significant staff resources, Metro is providing funding to Beaverton to hire a position for program development. Ongoing maintenance of the new organics program will be performed by the City's current Recycle at Work staff in conjunction with franchised haulers. Organics recycling is the sector with the most opportunity for reaching the 64 percent regional recovery goal. More than 184,000 tons of food scraps are sent to the landfill each year, over half of which comes from businesses (restaurants, grocery stores and food distributors). INFORMATION FOR CONSIDERATION: The $60,000 grant will fund a.75 FTE Program Coordinator position for approximately eleven months. The position will: Develop an implementation plan and outreach strategy to achieve the greatest diversion of food scraps possible through a commercial organics program; Conduct activities related to initial rollout and implementation of organics collection services including participant recruitment activities and direct technical assistance to participating Beaverton businesses; Develop outreach/education materials; Coordinate with Beaverton haulers, transfer or reload operators, and processors; Conduct monitoring and evaluation activities related to commercial organics collection implementation. The position will begin in January 2012; therefore, approximately $32,900 of the funding will be appropriated for this fiscal year and the remaining $27,100 will be available for next fiscal year for the July to November 2012 period. Towards the end of the position's term, the candidate will be responsible for compiling a document summarizing lessons learned from rollout and implementation, and recommended program modifications to inform program expansion. The commercial organics program will then roll into the Recycle at Work program and will be managed by existing staff. Oregon Budget Law [ORS (3)] permits the acceptance of special purpose grants and their associated appropriations through a resolution. Attached is a Special Purpose Grant Budget Adjustment Resolution that establishes the receipt of the special purpose grant revenue and provides the appropriations (salary and payroll taxes and fringe benefits) for the.75 FTE grant funded limited duration Program Coordinator position. Agenda Bill No: 11203

3 RESOLUTION NO ~~--- A RESOLUTION ADOPTING AMENDMENT NO.1 OF AN INTERGOVERNMENTAL AGREEMENT WITH METRO REGIONAL GOVERNMENT FOR DEVELOPMENT AND IMPLEMENTATION OF AN COMMERCIAL ORGANIC WASTE COLLECTION PROGRAM. WHEREAS, the City Council of the City of Beaverton recognizes the need to reduce solid waste disposal through reuse, recycling and other methods; and WHEREAS, in accordance with the policy established by the City of Beaverton City Council, a Recycle at Work Program has been established to provide technical assistance to businesses; and WHEREAS, the City Council of the City of Beaverton recognizes that the funding provided through this amendment shall be used solely for the establishment of a limited duration 0.75 Full Time Equivalent Program Coordinator position for the development and implementation of a commercial organic waste collection program; and WHEREAS, in accordance with the policy established by the City of Beaverton City Council, a solid waste reduction program is being coordinated by the City of Beaverton in cooperation with other local governments, and Beaverton haulers; now therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAVERTON, OREGON: The City Council adopts Amendment No. 1 to the Intergovernmental Agreement with Metro Regional Government for the development and implementation of an organics collection program; said qgreement is attached to this resolution as Exhibit A and incorporated herein by this reference. Adopted by the Council on this day of, Approved by the Mayor on this day of, Ayes: Nays: _ ATTEST: APPROVED: Cathy Jansen, City Recorder Denny Doyle, Mayor ReSOlution No Agenda Bill No

4 RESOLUTION NO A RESOLUTION APPROVING THE ACCEPTANCE OF A SPECIAL PURPOSE GRANT AND THE ASSOCIATED APPROPRIATIONS IN THE GENERAL FUND OF THE CITY DURING THE FY BUDGET YEAR AND APPROVING THE APPROPRIATIONS FOR THE FUND WHEREAS, the City Council reviews and approves the annual budget; and, WHEREAS, during the year the Council may authorize the acceptance of special purpose grant funds and the associated appropriations through a special purpose grant budget adjustment resolution; and, WHEREAS, a special purpose grant from the Metro Regional Government for the development and implementation of an organics collection program is available in the amount of $60,000 and the Council desires to appropriate the grant award; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BEAVERTON, OREGON: Section 1. T~e Finance Director is hereby authorized and instructed to adjust the General Fund's budgets to reflect receipt of the special purpose grant revenue and the associated appropriation: General Fund Revenues: Grants - Federal $ 60,000 Expenditures: Personnel Services Program Coordinator (.75 FTE) $ 18,330 Payroll Taxes and Fringe Benefits $ 14,570 Contingency (to be used for next FY) $ 27,100 $ 60,000 Adopted by the Council on this day of,2011. Approved by the Mayor on this day of, Ayes: Nays: _ ATTEST: APPROVED: Cathy Jansen, City Recorder Denny Doyle, Mayor Resolution No Agenda Bill No

5 Amendment ~Metro Exhibit A 600 NE Grand Ave. Resolution 4096 Portland, OR AMENDMENT NO.1 CONTRACT NO This Amendment hereby amends the above titled contract between Metro, a metropolitan service district organized under the law of the State of Oregon and the Metro Charter, and the City of Beaverton, hereinafter referred to as "City." This amendment is a change order to the original Scope of Work as follows: Term: Agreement is effective upon last signature and shall remain in effect until December 31, City shall: Dedicate an additional.75 FTE for 12 months (or equivalent additional staffing level within the term of the amendment) dedicated to planning and implementation of a commercial organics collection system in Beaverton. In coordination with other City staff and haulers, develop an implementation plan and outreach strategy in order to achieve the greatest diversion of food scraps possible through a commercial organics program. Assist with the development of a rate structure proposal for a food scrap collection program. Conduct activities related to initial rollout and implementation of organics collection services which shall include participant recruitment activities and direct technical assistance to participating Beaverton businesses. Implementation activities will inclu de development of outreach/educations materials and coordination with Beaverton haulers, transfer or reload operators, and processors. Conduct monitoring and evaluation activities related to commercial food scrap collection implementation and compile a document summarizing lessons learned from rollout and implementation, and recommended program modifications to inform program expansion. Focus primarily on the collection issues related to commercial mixed food waste, but research into residential collection of food waste may be pursued as time allows and as is pertinent. Participate in regional planning for food scrap collection. Return funding to Metro by June 30,2013 if, in the sole opinion of Metro, City has not adequately demonstrated progress in the development and implementation of an organic waste collection program. Metro shall pay City for services performed and materials delivered under this amendment in one lump sum upon execution of this agreement in the amount not to exceed SIXTY THOUSAND AND NO/100THS DOLLARS ($60,000.00), for a total contract amount not to exceed EIGHTY-FIVE THOUSAND AND NO/100THS DOLLARS ($85,000.00). Except for the above, all other conditions and covenants remain in full force and effect. IN WITNESS TO THE ABOVE, the following duly authorized representatives of the parties referenced have executed this Amendment. CITY OF BEAVERTON METRO By _ By _ Print Name _ Print Name ~ _ Date _ Date _ Revised February Form 2601

6 AGENDA SILL Beaverton City Council Beaverton, Oregon SUBJECT: Authorize the Mayor to Sign an Intergovernmental Agreement with Metro Regional Government for Development and Implementation of an Organic Waste Collection Program. FOR AGENDA OF: BILL NO: Mayor's Approval: DEPARTMENT OF ORIGIN: DATE SUBMITTED: jj~[)~ Mavor's Office t;i/ CLEARANCES: City Attorney ~ Asst. to Mayor Finance PROCEEDING: CONSENT AGENDA EXHIBITS: Resolution Metro IGA No BUDGET IMPACT AMOUNT BUDGETED $0 APPRDPRIA lion REQUIRED $0 RECOMMENDED ACTION: City Council authorizes the Mayor to sign, in a form approved by the City Attorney, the Intergovernmental Agreement with Metro Regional Government for the implementation of an Organic Waste Collection Program. The receipt of the grant revenues was included as an amendment to Supplemental Budget $-10-02, which was approved by the Council on May 27, The associated $25,000 in grant expenditures was included as an amendment to the FY Proposed Budget, which will be approved by the Council on June 21, The IGA shall remain effective until June 30, HISTORICAL PERSPECTIVE: The Regional Solid Waste Recovery Plan has a 64 percent recovery goal. One of the sectors with the most opportunity for increased recovery is organics (food from restaurants, grocery stores and food distributors). Regionally, 184,000 tons of food waste is sent to the landfill each year, more than half of which comes from businesses. In addition, another 63,000 tons of waxed cardboard and compostable paper are disposed. These items represent the largest remaining component of the region's disposal waste stream (19 percent) and have significant negative greenhouse gas impacts. The City of Portland was the first jurisdiction in the region to develop a commercial food waste composting program. Since the program started in 2006, more than 470 businesses have voluntarily participated in Portland Composts and 17,000 tons of food scraps are composted each year. Food waste collected from businesses is transported to Cedar Grove Composting, a commercial facility in Maple Valley, Washington, where it is processed into compost and sold back to the public for their gardening needs. Agenda Bill No:

7 Currently, the local transfer stations and the Cedar Grove facility are at maximum capacity and there is no approved composting facility in the Portland metropolitan area that can accept food waste. One or more Oregon processing options, however, are likely to develop in the next six to eighteen months. INFORMATION FOR CONSIDERATION: Metro will provide the City of Beaverton with $25,000 no later than June 30, The funds may be used for the purchase of organic waste collection containers, development and production of education and outreach materials, and other equipment necessary for implementation of an organic waste collection and composting program. The funds may not be used for purchase of supplies such as compostable bags, compostable service wear or any other disposable single- or limited-use items. The funds must be used by June 30, As the infrastructure develops, the City will work with its franchised haulers and local government partners to create a commercial food waste composting program for Beaverton. This grant will assist the City and local businesses in obtaining the infrastructure needed for the successful beginning of a new program. Once the program alternatives and rate implications are clear, staff will return to City Council for a study session to discuss plans and options for expanding Beaverton's commercial recycling program to include food waste. These funds may rollover into future fiscal years' budgets depending on the exact timeline of the development of regional composting facility infrastructure. Agenda Bill No:

8 RESOLUTION NO A RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH METRO REGIONAL GOVERNMENT FOR DEVELOPMENT AND IMPLEMENTATION OF AN ORGANIC WASTE COLLECTION PROGRAM. WHEREAS, the City Council of the City of Beaverton recognizes the need to reduce solid waste disposal through reuse, recycling and other methods; and WHEREAS, in accordance with the policy established by the City of Beaverton City Council, a Recycle at Work Program has been established to provide technical assistance to businesses; and WHEREAS, the City Council of the City of Beaverton recognizes that the funding provided through this agreement shall be used solely for the provision of collection containers, educational materials and signs, or other equipment necessary for the development and implementation of an organic waste collection program; and WHEREAS, in accordance with the policy established by the City of Beaverton City Council, a solid waste reduction program is being coordinated by the City of Beaverton in cooperation with other local governments, and Beaverton haulers; now therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAVERTON, OREGON: The City Council adopts the Intergovernmental Agreement with Metro Regional Government for the development and implementation of an organics collection program; said agreement is attached to this resolution as Exhibit A and incorporated herein by this reference. Adopted by the Council on this ~ day of June,2010. Approved by the Mayor on this ~ day of June,2010. Ayes' 4 Nays _0 ATTEST All Lh;Jv APPROVED Denny Doyle, Mayor Resolution No Agenda Bill No

9 ~METRO 600 NE Grand Ave. Portland, OR Intergovernmental Agreement (503) Metro Contract No TillS AGREEMENT, entered into under the provisions ofors Chapter 190, is between Metro, a metropolitan service district organized under the laws of the State of Oregon and the Metro Charter, located at 600 NE Grand Avenue, Portland, Oregon , and the City of Beaverton, hereinafter referred to as "City", whose address is PO Box 4755, Beaverton, OR In exchange for the promises and other valuable consideration set forth below, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide funding for purchase oforganic waste collection containers, development and production of education and outreach materials, and other equipment necessary for implementation ofan organic waste collection and composting program. 2. Term. This Agreement shall be effective upon last signature, and shall remain in effect through June 30, 2012 unless earlier terminated in conformance with this Agreement. 3. Services Provided. City and Metro shall perform the services described in the attached Scope of Work, which is made part of this Agreement by reference, and otherwise fully comply with the provisions in the attached Scope of Work. 4. Payment. Metro shall pay City the sum oftwenfy-five THOUSAND AND NO/lOoms DOLLARS ($25,000.00) in the manner and at the time designated in the Scope ofwork. 5. Insurance. City agrees to maintain insurance levels, or self-insurance in accordance with ORS , for the duration ofthis Agreement to levels necessary to protect against public body liability as specified in ORS City also agrees to maintain for the duration ofthis Agreement, Workers' Compensation Insurance coverage for all its employees as a self-insured employer, as provided by ORS chapter 656, or disability coverage under its Disability, Retirement and Death Benefits Plan. 6. Indemnification. Subject to the limits ofthe Oregon Constitution and Oregon Tort Claims Act, City shall hold harmless Metro, its officers and employees from any claims or damages or property or injury to persons or for any penalties or fines, which may be occasioned in whole or in part by Intergovernmental Agreement with the City of Beaverton Metro Contract No Paget

10 C'METRO Intergovernmental Agreement 600 NE Grand Ave. Portland, OR (503) City's actions under this Agreement. 7. Termination. This Agreement may be terminated by either party without cause upon giving 90 days written notice of intent to terminate. This Agreement may be terminated with less than 90 days notice if a party is in default of the terms ofthis Agreement. In the case of a default, the party alleging the default shall give the other party at least 30 days written notice of the alleged default, with opportunity to cure within the 30 day period. 8. State Law Constraints. Both parties shall comply with the public contracting provisions ofors chapter 279A, B &C and to the extent those provisions apply, they are incorporated into this Agreement by reference. Specifically, it is a condition ofthis Contract that all employers working under this Agreement are subject employers that will comply with ORS Notices. Legal notice provided under this Agreement shall be delivered personally or by certified mail to the following individuals: For City: For Metro: Scott Keller Office of Metro Attorney City of Beaverton Metro POBox NE Grand Avenue Beaverton, OR Portland, OR Informal coordination of this Agreement will be conducted by the following designated Project Managers: For City: For Metro: Joanna Dyer Jennifer Erickson City ofbeaverton Metro PO Box NE Grand Ave. Beaverton, OR Portland, OR (503) (503) City may change the above- designated Project Manager by written notice to Metro. Metro may change the above-designated Project Manager by written notice to City. Intergovernmental Agreement with the City of Beaverton Metro Contract No Pagel 8

11 ~METRO Intergovernmental Agreement 600 NE Grand Ave. Portland, OR (503) Assignment. This Agreement is binding on each party, its successors, assigns, and legal representatives and may not, under any condition, be assigned or transferred by either party without prior written approval by the other party. 11. Integration. This writing contains the entire Agreement between the parties, and may only be amended by written instrument, signed by both parties. 12. Severability. If any portion of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the offending provision shall be stricken. This Agreement is dated as of the last signature date below. City Of Beaverton Metro By: _ By: _ Print name and title Print name and title Date Date Intergovernmental Agreement with the City ofb~verton Metro Contract No Page! 9

12 ~METRO 600 NE Grand Ave. Portland, OR Intergovernmental Agreement (503) A) Term: Agreement is effective upon last signature and shall remain in effect until June 30, B) Conditions: Funding provided through this Agreement shall be used solely for provision of collection containers, educational materials and signs, or other equipment necessary for the development and implementation of an organic waste collectiqn program. Funds may not be used for the purchase of supplies such as compostable bags. compostable service wear or any other disposable single- or limited-use items. C) City Responsibilities: City shall: 1. Provide Metro with a list of items to be purchased and associated costs of each. 2. Provide Metro with semi-annual updates that demonstrate progress in the development and implementation of an organic waste collection program. 3. Return funding to Metro by July 1, 2012 if, in the sole opinion of Metro, City has not adequately demonstrated progress in the development and implementation of an organic waste collection program. D) Metro Responsibilities. Metro shall: 1. Approve all items before purchase. 2. Review update reports and determine if adequate progress is being made with program development and implementation. E) Blldeet and Terms of Payment: 1. Metro shall pay City TWENTY FIVE THOUSAND DOLLARS AND NO/100THS ($ ) in one lump sum no later than June 30,2010. T:\Remfma\contracts\ rgsCapGrantiGABeaverton revised41610.docx Intergovernmental Agreement with the City ofbeaverton Metro Contract No Page A i10