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Agenda Item - 2024-06-04 - Number 6.1 - IGA with Metro for Disaster Debris Management 6.1 ,A,A E 0 COUNCIL REPORT vii111111 o OREGO\-\ Subject: IGA with Metro for Disaster Debris Management Grant Meeting Date: June 4, 2024 Staff Member: Amanda Watson, Sustainability Program Manager Report Date: May 23, 2024 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑X Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Authorize the City Manager to sign an IGA with Metro for disbursement of Disaster Debris Management Grant funds to the City of Lake Oswego. Recommended Language for Motion: Move to authorize the City Manager to sign an IGA in substantially the form attached with Metro for disbursement of Disaster Debris Management Grant funds. Project/ Issue Relates To: Funding for January 2024 storm response. Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL Staff seek the City Council's approval to enter into an Intergovernmental Agreement (IGA) with Metro to receive a grant from Metro's Disaster Debris Management Reserve and Grant program. The grant will reimburse eligible expenses from the City's provision of residential disaster debris relief to residents following the January 2024 severe weather event. Respect. Ex-ellence. Trust. Servi::e. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Metro's Disaster Debris Management Reserve Grant Program, established by Metro Council in 2022, provides funding to local governments to support post-disaster debris cleanup. The program is designed to reduce the financial impact of a debris-generating incident on local governments in greater Portland, especially when the volume of debris generated during a disaster overwhelms existing solid waste infrastructure. The grant program reimburses specified costs related to management and disposal of debris generated by a qualifying disaster that are not reimbursable by FEMA. Following the January 2024 winter storm, Metro launched a grant application and award process for cities and counties within the Metro regional boundary to request funding to support residential disaster debris cleanup efforts. The City of Lake Oswego applied for the grant to cover eligible expenses from two free storm debris drop-off events the City held for Lake Oswego residents on Friday and Saturday, January 26-27, 2024. Those events, held at Westlake Park, provided a free disposal option to assist residents who were heavily impacted by tree debris on their property from the winter storm. Residents could dispose of storm-related woody and vegetative debris including tree branches, stems, and cut up tree trunks. The event was staffed by 9 City staff from the Parks maintenance team and City Manager's Office and supported by 11 community volunteers from the CERT program. Republic Services provided dumpster delivery and hauling and debris disposal services. In total, the two events collected 52.7 tons of material—filling 12 30-yard dumpsters— from over 200 vehicle trips. A number of residents shared that they were hauling debris for family members or neighbors who did not have a trailer or vehicle that could fit their debris so it is likely that the number of households assisted was significantly higher than 200. Metro approved the City's application and awarded a grant for the amount requested, $10,439.92, which covers dumpster and disposal costs and unscheduled staff overtime from the cleanup events. The IGA outlines the grant amount, scope of work, reporting requirements, and payment procedures. FISCAL IMPACT Approval of the IGA will enable the City to receive a grant of$10,439.92 to reimburse costs from residential disaster debris cleanup events in January 2024. Upon Metro and Lake Oswego's full approval of the IGA, the City will provide an invoice for reimbursement of the full grant amount and Metro will disburse funds to Lake Oswego within 30 days of receipt of the invoice. ATTACHMENTS 1. Draft IGA 2. Grant Award Letter Respect, Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 'sue Metro 600 NE Grand Ave. Intergovernmental Agreement Portland,OR 97232-2736 Metro Contract No. ADD This Intergovernmental Agreement("IGA" or"Agreement") is between Metro, an Oregon metropolitan service district organized under the laws of the State of Oregon and the Metro Charter("Metro") and City of Lake Oswego, a municipal corporation of the State of Oregon ("Lake Oswego"), each a "Party" and collectively, "Parties." Recitals Metro and Lake Oswego have authority under ORS Chapter 190 to enter into this Agreement. Metro Code Chapter 5.11 (Disaster Debris Management Reserve and Grants) establishes a program to provide grants to local governments in the region following a disaster, to assist with costs for managing the disaster-generated debris. As enacted in the Metro Code, this program is designed to: • Reserve funds for Metro's own post-disaster debris management costs • Assist with local government's post-disaster debris management costs • Speed recovery after disasters • Maintain public confidence in local and regional governance after a disaster • Support more equitable disaster debris strategies and services Lake Oswego has proposed a debris removal project as outlined in the Agreement below("Lake Oswego Project")that supports and meets the intent and criteria of Metro Code Chapter 5.11. Terms In consideration of the foregoing recitals and the mutual promises herein, the parties agree as follows: 1. Term This Agreement is effective on the last date signed below and terminates on December 31, 2024 unless terminated or extended as provided by this Agreement. 2. Scope of Work This Agreement establishes responsibilities of the Parties concerning this project. The Parties will perform Work pursuant to the Scope of Work, Exhibit A, which is incorporated into this Agreement. 3. Changes to Scope of Work Lake Oswego authorizes Amanda Watson and Metro authorizes Cayla Pruett, or their designees, to modify the Scope of Work, upon mutual agreement in writing (email exchange is sufficient). Any changes to the payment or grant amount must be made via amendment to this Agreement. 4. Grant Amount The total grant amount is $10,439.92. Lake Oswego may use funds only for the reimbursement of approved expenses for the Lake Oswego Project. 5. Payment Metro will disburse funds to Lake Oswego as set forth in the Scope of Work, Exhibit A. 1 of 5 Revised June 2022 OMA/KS 'sue Metro 600 NE Grand Ave. Intergovernmental Agreement Portland,OR 97232-2736 Metro Contract No. ADD 6. Records Maintenance and Access The Parties must maintain all fiscal records related to this Agreement in accordance with generally accepted accounting principles. The Parties must maintain books, documents, and other records related to the subject Agreement. The Parties must retain and keep accessible all such records for a period of six (6)years from the date of final completion of this Agreement. Each Party must make records available to the other Party and its authorized representatives, including but not limited to the staff of any department, at reasonable times and places regardless of whether litigation has been filed on any claims. 7. Ownership of Work Product The Parties have unrestricted access to all work products relating to this Agreement. To the extent either Party uses any of its own property created or developed, whether arising from copyright, patent, trademark, trade secret or other similar right, in the performance of this Agreement, such property remains the property of the Party. 8. No Third-Party Beneficiary Except as set forth herein, this Agreement is between the Parties and creates no third-party beneficiaries. Nothing in this Agreement gives or will be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless third persons are expressly described as intended to be beneficiaries of its terms. 9. Indemnification Subject to the limits of the Oregon Tort Claims Act and the Oregon Constitution, Lake Oswego must indemnify, defend, and hold harmless Metro, its officers, employees, and agents, including assigned personnel, from all claims, suits, actions, or expenses of any nature resulting from or arising out of the acts, errors, or omissions of Lake Oswego, its agents or assigned personnel acting within the scope of employment or pursuant to the terms of this Agreement. 10. Termination This Agreement may be terminated as follows: A. By mutual written consent of the Parties. B. By any Party if another Party commits any breach or default of any covenant or obligation under this Agreement. To be effective, the party intending to terminate must give the other Party written notice of default and its intent to terminate. If the breaching Party does not entirely cure such breach, default, or failure within thirty(30)days after receipt of notice, or such longer period of cure as may be specified in the notice, then this Agreement may be terminated at any time thereafter by giving a written notice of termination. Any termination of this Agreement does not prejudice any rights or obligations accrued to the parties before termination. 11. Dispute Resolution and Forum This Agreement is to be construed according to the laws of the State of Oregon. The Parties must negotiate in good faith to resolve any dispute arising out of this Agreement. If the Parties are unable to resolve any dispute within fourteen (14) calendar days, the Parties shall attempt to settle any dispute through mediation. The Parties shall attempt to agree on a single mediator. The cost of mediation will be shared equally. If the Parties agree on a mediator, the mediation must be held within 60 days of selection of the mediator unless the Parties otherwise agree. If the Parties cannot agree on a mediator, or the matter is not settled during mediation, the Parties will have all other remedies available at law or in equity. Any litigation between Metro and Lake Oswego arising under this Agreement or out of work performed under this 2 of 5 Revised June 2022 OMA/KS 'sue Metro 600 NE Grand Ave. Intergovernmental Agreement Portland,OR 97232-2736 Metro Contract No. ADD Agreement will occur, if in the state courts, in the Multnomah County Circuit Court, and if in the Federal courts, in the United States District Court for the District of Oregon located in Portland, Oregon. 12. State and Local Law Compliance The Parties will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement. 13. Discrimination Prohibited No recipient or proposed recipient of any services or other assistance under the provisions of this Agreement or any program related to this Agreement may be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the funds made available through this Agreement on the grounds of race, color, or national origin, 42 U.S.C. §2000d (Title VI), or on the grounds of religion, sex, ancestry, age, or disability as that term is defined in the Americans with Disabilities Act. For purposes of this section, "program or activity" is defined as any function conducted by an identifiable administrative unit receiving funds pursuant to this Agreement. 14. Notices; Project Managers All notices and other written communication between the Parties under this Agreement must be given in writing to the address or email set forth below and is deemed received (a) upon personal service, (b) upon electronic delivery, (c)three (3) days after deposit in the United States Mail, postage prepaid, or(d)one (1) day after deposit with a nationally recognized overnight courier service. The Parties appoint the following representatives for receiving notice and as project managers for this Agreement. Metro: Cayla Pruett 600 NE Grand Ave. Portland, OR 97232 503.851.1208 Cayla.pruett@oregonmetro.gov Lake Oswego: Amanda Watson 380 A Avenue Lake Oswego, OR 97034 503-635-0291 awatson@ci.oswego.or.us The foregoing addresses may be changed by giving written notice. Notice given in any manner other than the manners set forth above will be effective when received by the Party for whom it is intended. 15. Assignment A party may not subcontract, assign, or transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 16. Survival All obligations relating to indemnification, default or defect in performance, limitation of liability, publicity, proprietary rights, sections of the Scope of Work relating to reporting obligations and use of equipment requirements, and obligations to make payments that become due under this Agreement prior to termination (except that payments for services not performed by the date of termination will be prorated) survive termination or expiration of this Agreement and, to the extent applicable, remain binding and in full force and effect. 3 of 5 Revised June 2022 OMA/KS 'sue Metro 600 NE Grand Ave. Intergovernmental Agreement Portland,OR 97232-2736 Metro Contract No. ADD 17. Entire Agreement; Modification; Waiver This Agreement constitutes the entire agreement among the Parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations, or communications of every kind. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification, or change of terms of this Agreement will bind either Party unless in writing and signed by all Parties. Such waiver, consent, modification, or change, if made, will be effective only in the specific instance and for the specific purpose given. The failure of a Party to enforce any provision of this Agreement will not constitute a waiver by a Party of that or any other provision. 18. Choice of Law The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement will be governed by the laws of the State of Oregon and will be conducted in the Circuit Court of the State of Oregon for Multnomah County, or, if jurisdiction is proper, in the U.S. District Court for the District of Oregon. 19. Counterparts This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same instrument. 20. Authority The representatives signing on behalf of the Parties certify that they are authorized to make this Agreement by the Party for which they sign. METRO Lake Oswego Authorized Signature Authorized Signature Printed Name Printed Name Title Title Date Date 4 of 5 Revised June 2022 OMA/KS %g Metro 600 NE Grand Ave. Exhibit A — Scope of Work Portland,OR97232-2736 Metro Contract ADD Metro will be disbursing funds from the Disaster Debris Management Reserve and Grant program in two rounds for the January 2024 severe weather event. Funds from Round 1 will be used for residential debris cleanup assistance provided in response to the event, or for efforts to be provided in response to that event by July 31, 2024. Eligible expenses must be related to supporting debris cleanup operations on residential property in the jurisdiction. Lake Oswego must use funds it receives under this Agreement only for the purposes specified in this Scope of Work and to achieve the deliverables and/or milestones as set forth in this Agreement. Lake Oswego will use funds to cover the approved costs incurred from providing two free storm drop-off events for Lake Oswego residents on Friday and Saturday, Jan. 26-27, 2024. Eligible expenses for this event include unscheduled overtime hours worked by City staff who ran the debris disposal event and services provided by Republic Services in the collection and disposal of qualifying residential debris. This contract covers the sum of the submitted, qualifying expenses in the amount of$10,439.92 to help relieve the burden of expense to Lake Oswego. Lake Oswego has already completed this service and paid its staff and contractor in full. Reporting Requirements Upon receipt of final grant payment, Lake Oswego will be asked to complete a short survey about their experience with this grant program. Review and Approval of Grant Deliverables Metro's Project Manager may request further information or revisions that may be necessary. Metro's Project Manager has sole discretion in determining whether the deliverables submitted are satisfactory in meeting the grant requirements. Payment Procedures Upon Metro's and Lake Oswego's approval of this Agreement, Lake Oswego will provide an invoice for reimbursement in the full grant amount and Metro will disburse full grant funds to Lake Oswego within 30 days of Metro's receipt of the invoice. Lake Oswego will include with the invoice documentation of the expenses incurred (such as paid contractor invoices). 5 of 5 Revised June 2022 OMA/KS ATTACHMENT 2 , 600 NE Grand Ave. M etro Portland,OR 97232-2736 o regon m etro.gov May 2, 2024 Amanda Watson City of Lake Oswego 380 A Avenue Lake Oswego, Or 97034 Dear Amanda: Congratulations! City of Lake Oswego's Disaster Debris Management grant proposal has been approved in the amount of$10,439.92.The purpose of this grant is to support local city or county governments with specified costs related to the management and disposal of debris generated by a qualifying disaster, excluding any amount that is reimbursable by FEMA (Federal Emergency Management Authority). This grant cycle represents the first of two planned for the severe weather event that occurred January 12-19, 2024.This first round was focused on expenses incurred by local jurisdictions for residential debris cleanup assistance for the severe weather event identified above. Metro plans to release a second round of funding once the timing and other details of reimbursement through the FEMA Public Assistance Program is available. A draft IGA will be on its way to you shortly for your review. Again, congratulations on your successful grant proposal. Please do not hesitate to contact myself or Jim Quinn with questions. I can be reached at Cayla.Pruett@oregonmetro.gov or 503- 851-1208.Jim can be reached at Jim.Quinn@oregonmetro.gov. Sincerely, Cayla Pruett, Program Coordinator Disaster Debris Management grants