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HomeMy WebLinkAbout2010-02-24 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Wednesday, February 24, 2010 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call and Introduction of New Commissioner 3. Approval of Agenda 4. Approval of Minutes: a. January 19, 2010 5. Unfinished Business a. Chickens in Residential Zoning Districts (30 min.) 6. New Business a. Eureka Recycling 2009 Year-End Recycling Report (30 min.) b. Recycling Contract Request for Proposal Discussion (45 min.) c. Flood Plain Ordinance (30 min.) d. Resolution of Appreciation for Commissioner Musgrave (5 min.) 7. Visitor Presentations 8. Commission Presentations 9. Staff Presentations (10 min.) a. March Meetings Proposed: 1) March 15, 2010, 5 to 9 p.m.: Recycling contractor RFP informational meeting (5 to 5:45 dinner, 5:45 to 9 recycling contractor questions/presentations) 2) March 24 or 25,2010,5:30 to 9 p.m.: ENR Commission Goal Setting and Regular March Meeting (5:30 to 6:30 goal setting, 6:30 to 7 dinner, 7 to 9 regular meeting) . b. Sustainability Conference - March 12 c. Spring Clean Up - April 24 d. Rainbarrel and Compost Bin Sale - May 1 e. Waterfest - May 22 f. Maplewood Nature Center Programs 10. Adjourn (Approximately 9:30) Agenda Item 4.a. DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 5:00 p.m., Tuesdav. January 19, 2010 Council Chambe(s, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 5:00 p.m. by Chair Mason Sherrill. B. ROLL CALL Carol Mason Sherrill, Chair Judith Johannessen, Commissioner Carole Lynne, Commissioner Bill Schreiner, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Present Present Present Present Present Staff Present Shann Finwall, Environmental Planner Michael Thomson, Deputy Public Works Director, City Engineer Ginny Gaynor, Natural Resources Coordinator City Council Liaison Present Kathleen Juenemann C. APPROVAL OF AGENDA Commissioner Yingling moved to approve the aQenda as submitted. Seconded by Commissioner Schreiner. Ayes - All The motion passed. D. APPROVAL OF MINUTES Approval of December 21,2009 ENR Minutes Commissioner Johannessen stated she was missing from the roll call but was present. Commissioner Trippler, said on page 3 item I. b. the letter I is missing in the word Ihe. Ginny Yingling made a comment about item F. a. the Review of the Commission Handbook and Amendment to the Environmental and Natural Resources Commission Rules, she thought they made a specific motion on how to revise the commission rules. (Staff stated the change was the meeting date and time and changing Roberts Rules of Order to Rosenberg's Rules and that will be reflected in the final version of the minutes). January 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 Commissioner Lynne stated that she would like the information regarding the discrepancy between the Commission Handbook and the Environmental Commission ordinance put in the minutes as she described. Commissioner Yingling moved to approve the December 21. 2009. Environmental and Natural Resources Commission Meeting Minutes as amended. Seconded by Commissioner Trippler. Ayes - All The motion passed. E. UNFINISHED BUSINESS 1. Chickens In Residential Zoning Districts a. Environmental Planner, Shann Finwall gave the report and answered questions of the commission. 1. Jay Jeanetta, 1507 County Road BEast, Maplewood addressed the commission and gave benefits for raising chickens and why they should be allowed in residential neighborhoods. Mre. Jeanetta also went into his research into other cities' experience with this. 2. Paul Ruby, 1324 Pearson Drive, Maplewood. Mr. Ruby raised 25,000 chickens for 25 years and shared information regarding the pros and cons of raising chickens, the cost associated in that endeavor and how it might affect residential neighbors. Commissioner Trippler asked Mr. Jeanetta how the city should address noise and odor from chickens in residential districts. Commissioner Lynne asked how many chickens Mr. Jeanetta wanted to have on his property. Mr. Jeanetta stated he would like to raise six chickens. Mr. Ruby stated that six chickens probably wouldn't cause any disturbing noises for neighbors. Ms. Finwall said staff will continue to work on this and will bring additional information back to the commission in February. 2. Stormwater Ordinance a. Deputy Public Works Director, City Engineer, Michael Thompson presented the proposed stormwater engineering standards. The standards will be used to draft a stormwater ordinance. Commissioners offered recommendations/changes which Mr. Thompson took note of. The main portions of the standards will be put into an actual ordinance, for review by the commission at a later date. F. NEW BUSINESS 1. Fish Creek Greenway Ad-Hoc Commission Report Natural Resources Coordinator, Ginny Gaynor introduced the item. Chair of the Fish Creek Greenway Ad-Hoc Commission and member of the Environmental and Natural Resources Commission, Ginny Yingling gave the report and answered questions of the commission. January 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 2 Commissioner Trippler stated that at a minimum the city should carry through with Alternative 1 of the Fish Creek report for protection of land in the Fish Creek corridor. Commissioner Trippler made a motion to adopt the Fish Creek Ad-Hoc Commission Report and to show the commission's support for the Preferred Alternative or Alternative 1 as the minimum. Seconded by Commissioner Schreiner. Ayes - 5 to 0 Commissioner Yingling abstained from voting since she was on the Fish Creek Commission. The motion passed. The commissioners thanked Mses. Gaynor and Yingling for their work on the report. G. VISITOR PRESENTATIONS 1. City Councilmember Juenemann addressed the commission as the liaison of the ENR. 2. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the commission asking for a clarification of the Fish Creek Ad-Hoc Commission versus the Greenway Subcommittee. The commission stated they will still continue to work on the greenway protection measures, but it is time to have more of a public dialogue on this matter so the Greenway Subcommittee was disbanded until the commission's goal setting meeting to determine the best approach for planning protection of the greenways. 3. Mayor Will Rossbach addressed the commission and thanked the ENR for their service. H. COMMISSION PRESENTATIONS None. I. STAFF PRESENTATIONS (None of these were heard due to time restraints of the planning commission meeting starting at 7 p.m. Staff will email the information to the commission members.) 1. Mississippi River Critical Area Rulemaking Project 2. Minnesota Shoreland Rulemaking Project 3. Reappointments and Appointments 4. ENR Commission Calendar 5. Reschedule February 15, 2010, Meeting Due to Presidents Day 6. Schedule Goal Setting Meeting 7. Maplewood Nature Center Programs J. ADJOURNMENT Chair Mason Sherrill adjourned the meeting at 6:50 p.m. January 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 3 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Chickens in Residential Zoning Districts February 17, 2010 for the February 24 ENR Commission Meeting BACKGROUND The Environmental and Natural Resources (ENR) Commission has been researching the feasibility of permitting chickens in residential zoning districts. Maplewood's ordinance currently prohibits poultry, including chickens, in residential zoning districts. Urban communities throughout the country are considering allowing chickens in residential areas as a way of promoting urban agriculture and sustainability. DISCUSSION Cities Which Permit Chickens in Residential Zoning Districts Following is a summary of ordinances for some of the cities within the Twin Cities Metropolitan Area that allow chickens in residential zoning districts: 1. Minneapolis: More than one chicken requires a permit. No maximum number of chickens specified in the ordinance. Permit must be approved by at least 80 percent of neighbors within 100 feet of the property. The city conducts an investigation of the location and shelter prior to approval of the permit. Currently the City of Minneapolis has 150 permits for chickens. 2. St. Paul: More than one chicken requires a permit. No maximum number of chickens specified in the ordinance. Permit must be approved by at least 75 percent of neighbors within 150 feet of the property. The city conducts an investigation of the location and shelter prior to approval of the permit. Currently the City of St. Paul has 75 to 100 permits for chickens. 3. Oakdale: More than one chicken requires a permit. No maximum number of chickens specified in the ordinance. Permit must be approved by at least 75 percent of neighbors within 150 feet of the property. The city conducts an investigation of the location and shelter prior to approval of the permit. Currently the City of Oakdale has one permit for chickens. 4. Shoreview: Shoreview adopted an ordinance allowing chickens in residential areas in 2009. The ordinance allows a maximum of four hens on a residential property that is 2 acres in size or less with a permit. Roosters are prohibited. Residential properties greater than 2 acres are allowed more than four chickens with the approval of a conditional use permit. Slaughtering of chickens is prohibited. Chicken coops must be at least 30 feet from an adjacent principal dwelling, and must be placed in the rear yard. Since adoption of the ordinance last year, the city has issued three permits. 5. Burnsville: Burnsville adopted an ordinance allowing chickens in residential areas in 2009. The ordinance allows a maximum of four hens on a residential property with a permit. No slaughtering or cockfighting is allowed. Chickens must be fenced. Since adoption of the ordinance last year, the city has issued three permits. 6. Rosemount: Up to three chickens allowed on a residential property, no permit required. The chickens must be raised in a manner not to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. A chicken may be humanely euthanized or sold after it has been impounded for a violation of the ordinance and no owner has claimed the chicken within five business days. Resident Interest Two Maplewood residents spoke to the commission about their desire to raise chickens on their residential property. Jeremy Decker attended the October 2009 commission meeting and spoke of his experience raising chickens in Maplewood before he was notified that the practice was prohibited. He also spoke of his desire to see the city's ordinance amended to allow for chickens. Jay Jeanetta attended the December 2009 and January 2010 commission meeting and spoke of his desire to raise chickens for their egg production and his research on regulations required in cities that allow chickens, as described above. Nuisance Issues The ENR Commission has had an opportunity to review and discuss the positive aspects of raising chickens in residential areas over the last few months. The next step is to analyze possible nuisances caused by such an activity. Three city officials will be present at the February 24 ENR Commission meeting to discuss these possible nuisances: Dave Thomalla, Chief of Police; Rick Ruzicka, Animal Control Officer; and Molly Wellens, Health Officer. CONCLUSION During the February 24, 2010, Environmental and Natural Resources Commission meeting, city officials will discuss possible nuisances caused by keeping chickens in residential areas. The Environmental and Natural Resources Commission should be prepared to offer feedback and direction on these issues. Staff will then compile all of the pros and cons heard throughout the last few months of discussion and draft an ordinance for review by the commission in March. 2 Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Eureka Recycling 2009 Year-End Recycling Report DATE: February 17, 2010 for the February 24 ENR Commission Meeting INTRODUCTION Eureka Recycling was awarded Maplewood's recycling contract in the fall of 2005 for service beginning January 2, 2006. The contract runs for a period of five years (ending 2010). Maplewood's contract with Eureka Recycling requires them to submit an annual recycling report. The report provides a summary of the recycling activities that took place in 2009. DISCUSSION 2009 Recycling Report Highlights . Multifamily Recycling Program: In 2009, Eureka Recycling continued to work closely with Maplewood staff to gather current contact information for every multi-family building not currently being served in the city's recycling program. The number of units being served in Maplewood's multi-family program increased by over 6 percent in 2009 as new properties entered the program. . Environmental Benefits of Recycling: In 2009 the residents of Maplewood recycled over 2,500 tons of material. To have the same positive impact on the climate as they did in their recycling efforts Maplewood's residents would have had to remove a total of 1,138 cars from the road for one year. To achieve this, approximately 7.5 percent of Maplewood's households would have had to give up one car for a year. . Backyard Composting Workshops: Eureka Recycling promoted an educational campaign to inform Maplewood residents about the benefits of composting food scraps and other compostable material in back yards, instead of throwing this material directly into the trash. Composting workshops and compost bin sales were held at the Maplewood Nature Center by Eureka Recycling through the months of May and June. . City Building Recycling Reinvigoration Program: Eureka Recycling worked with the Maplewood Green Team to increase recycling rates in city buildings by installing more visible and accessible recycling bins and promoting recycling through employee and city building visitor education programs. Recycling rates in city buildings increased by 22 percent in 2009. . Effects of the Economy on Recycling: As the economy slowed in 2009 the manufacturing sectors reduced or ceased production and the markets for recycled material experienced significant changes. The economy also affected people's lifestyles as they cut back on newspaper and magazine subscriptions, big box purchases, etc. With the change in the economy the prices being paid by end markets for recycled commodities dropped drastically over a short period. Maplewood's recycling revenue share in 2008 was $98,089.10, which experienced a drastic decrease in 2009 to $14,493.91. Due to the effects of the economy, the city and Eureka Recycling worked together to amend the recycling contract to move from a per ton payment to a per household system. RECOMMENDATION Christopher Goodwin, Director of Customer Relations with Eureka Recycling, will be present at the February 24, 2010, Environmental and Natural Resources Commission meeting to present the 2009 year-end recycling report. The commission should review the attached report and appendices and be prepared to discuss this during the meeting. Attachment: 1. Eureka Recycling 2009 Year-End Report Cover Letter 2. Eureka Recycling 2009 Year-End Report with Appendices 3. Eureka Recycling 2009 Outreach and Education Summary 2 February 17, 2010 Carol Sherrill Mason Environmental and Natural Resource Commission Chair City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Dear Environmental Commission Members: Eureka Recycling is pleased to present the 2009 report on Maplewood's recycling program. fu a nonprofit organization with a mission to demonstrate that waste is preventable, not inevitable, we value our partnership with the City of Maplewood and are proud to be part of the City's efforts to continually improve its recycling program and reduce waste. The City of Maplewood and Eureka Recycling have partnered since 2006 to desigu and implement a recycling program that strongly represents the values of the city's residents. These shared values are visible in this program. The City of Maplewood and Eureka Recycling are both committed, as result of our strongly held values, to making certain that all of the recyclable material that residents take the time and effort to set out actually gets recycled into new products. In addition, Eureka Recycling and the City are committed to making sure that the revenue received from the sale of the recyclable material collected in Maplewood stays in Maplewood where it is used to keep the cost of the recycling program low for residents and also supports additional waste reduction efforts undertaken in the city. Since partnering with Eureka Recycling, Maplewood has met its goals with a program that represents its values even in the difficult economic environment experienced in 2009. The Economy Effects Recycling in 2009 2009 was a year of drastic economic downturns in virtually every sector of the global economy. Recycling was no exception. fu the economy slowed and manufacturing sectors reduced or ceased production the markets for recycled material experienced significant changes. With demand slowing rapidly the prices being paid by end markets for recycled commodities dropped dramatically over a short period of time and remained low f~r much of 2009. In addition, the change in the economy also affected people's lifestyles as they cut back on newspaper and magazine subscriptions and big box purchases. They also ate at home more rather than going out. These changes in behavior have impacts on the recycling program. 2828 Kennedy Street NE \ Minneapolis, MN 55413 \ (651) 222-7678 \ Fax (612) 623-3277 \ www.eurekarecycling.org Eureka Recycling is an affirmative action, equal opportunity employer. It is our poliCY to hire without discrimination based on race, creed, religion, sex, color, national orfgin, sexual or affectlona! orientation, ancestry, famlllal status, age, dlsablllty, marital status or status with regard to publ!c assistance. @ Printed on 100% postconsumer recycled paper that was processed wlthol.llthe use of chlorine. The composition of materials dramatically shifted with food and beverage containers increasing as a percentage of total recycling with newspaper, cardboard and other paper products decreasing. In an effort to keep the recycling program in Maplewood sustainable in low value markets as well as high, and in light of the changing composition of materials the city and Eureka Recycling worked together in 2009 to amend the recycling collection and processing contract to move from a per ton payment system for collections to one based on a per household system. This change makes it easier for the city to budget from year to year as the number of households being serviced changes less frequently and more predictably than the amount of tounage being collected. Because of the quality of our material and the deep relationships we have nurtured with our end markets, Eureka Recycling was, and is, still able to find buyers for materials collected in Maplewood and our other partner cities even during times when demand is low. This assures that even in a time of recession in the broader economy, Maplewood's material continues to be recycled to the highest and best use possible maximizing the environmental and economic benefits of the program. Multifamily Recycling Program In 2009, Eureka Recycling continued to work closely with Maplewood staff to gather current contact information for every multifamily building not currently being served in the city's program and contact each building. Having this communication allowed Eureka Recycling to bring additional buildings on line in the cities program, work directly with the buildings to adjust service levels and work with building managers to identifY and solve any problems. As a result, the number of units being served in Maplewood's multi-family program increased by over 6% as new properties entered the program and existing properties switched from their private haulers to the cities program. This work continues in 2010 as even more properties are moving into the cities program. Environmental Benefits of Recycling in Maplewood Reflecting the shared values of Eureka Recycling and the City of Maplewood, the recycling program has been desigued to affect the maximum environmental benefit from the efforts of the city's residents. In 2009, the residents of Maple wood recycled over 2,500 tons of material. To have the same positive impact on the climate as they did in their recycling efforts Maplewood's residents would have had to remove a total of 1,138 cars from the road for one year. To achieve this, approximately 7.5 % of Maple wood's households would have had to give up one car for a year. In addition to these key highlights, Eureka Recycling continues to provide the City of Maplewood with detailed tracking and reporting to help the city meet the goals of its recycling program. This data allows us to measure progress as we move forward and identifY the areas to prioritize as part of our aunual work plan. From our close interaction with city staff, attendance at neighborhood events, and hundreds of conversations with Maplewood residents, we can see that Maplewood is strongly committed to increasing the environmental and economic benefits of their recycling program. We believe the city is now well positioned to implement our recommendations for the 2010 work plan and further improve Maplewood's recycling program in 2010. We look forward to working together with Maplewood as we work toward a waste-free tomorrow. If you have any questions, please contact us at (651) 222-7678. Sincerely, ~~ ~# J~~~{ Susan Hubbard CEO and Co-President Tim Brownell COO and Co-President CC: DuWayne Konewko Bill Preifer Shaun Finwall City of Maplewood Year-End Recycling Report 2009 :1 Overview The City of Maplewood and Eureka Recycling have partnered since 2006 to design and implement a recycling program that strongly represents the values of the city's residents. These shared values are visible in this program when Eureka Recycling and the City of Maplewood ensure that: . every recyclable item that residents take the time and effort to set out actually is recycled, . the environmental benefits from all the recycling activities in the city are maximized . the revenue from the sale of the material recycled in the city is shared back with the city to be used locally to reduce the cost of the program and support other waste reduction efforts within the city, . Eureka Recycling and the city staff provide residents with accurate, consistent and inspiring information about how to recycle as well as the environmental and economic benefits of recycling and other waste reduction opportunities Oike composting and producer responsibility) on a regular basis. . the City of Maplewood has accurate and trarnparent reporting protocols and information to manage its program for maximum benefits. Since partnering with Eureka Recycling, Maplewood has met its goals with a program that represents its values even in the difficult economic climate experienced in 2009. This report includes some highlights from Maplewood's recycling program in 2009. Maplewood continues to be a strong recycling community. In particular, Maplewood's decisions to protect the quality of their recyclable materials, to add new materials to the program, and to continue to educate recyclers about the environmental and economic benefits of recycling have paid off. Just like many industries, the recycling industry has been hit hard by the slumping global economy. Despite what has happened in the recycling industry, the movement of recycling remains strong, especially in Maplewood. The environmental, economic and social benefits of recycling have never been more in demand. Our mIssion Is to reduce walrtelodaythrough innovative resource management and to reaoh awasbHrea tomorrow by demonstr.Ung lhal wast." is plllVanlahl., not Inwilahle. 2009 Economy, Markets Update and Revenue Share Summary Significant changes to the global economy took effect in the last quarter of 2008. Beginning in October 2008 and continuing through much of 2009, Eureka Recycling began to see the impact the troubled economy was having on the prices being paid for recycled material. Demand worldwide for recycled commodities decreased by at least one-third in late 2008 and the beginning of 2009. As a result, the value being paid for many recycled commodities decreased by about two-thirds across the board. A convergence of weak economies, damaged financial institutions, and an expected market correction led to the price downturn in the last quarter of 2008 which continued through much of 2009. The prices being paid for most commodities have recovered somewhat and bottomed out in the first and second quarter of 2009. However, while the prices are slowly rising commodities are not expected to rebound to levels as high as those reached in October 2008. Recycling cOlmnodity prices were at unsustainable highs at that time and were already trending downward to more sustainable levels. Despite the apparent moderated turnaround in the recycling markets the amount of revenue that the City of Maple wood received in 2009 was 85% lower than in 2008 and over 75% lower than in 2006. When Maplewood entered into a recycling service contract with Eureka Recycling in 2006, the city began receiving revenue share from the sale of the materials collected in their recycling program. Since 2006, Maplewood has received $258,639.61 in revenue from recycling to continue to invest in the city's recycling program or other environmental programs. Prior to its partnership with Eureka Recycling the city received $0.00 from the sale of recycled materials from previous recycling companies. Eureka Recycling was the first organization to offer revenue share in the Twin Cities marketplace. 1st Quarter $14,647.95 $19,115.55 $22,551.57 -$3,664.36 2nd Quarter $16,323.23 $20,175.79 $27,164.93 -$530.11 3rd Quarter $15,330.31 $22,836.87 $35,463.07 $6,691.34 4th Quarter $12,451.14 $25,175.76 $12,909.53 $11,997.04 Total $58,752.63 $87,303.97 $98,089.10 $14,493.91 Eureka Recycling continues to share the city's belief that the revenue received from the sale of the material collected in Maplewood should be shared back with the city. This will provide revenue to be used locally to maintain the low cost of the program to residents and to support other waste reduction efforts of the city and its residents. The Silver Linings Despite what is happening in the recycling industry, the movement of recycling remains strong, especially in Maplewood. The environmental, economic, and social benefits of recycling have never been more in demand. 2 Recycling Has Influenced the Economy The current economic downturn in the recycling industry parallels those of nearly every other industry worldwide including auto manufacturing, housing, construction, publishing, and consumer products. Although a downturn is never a great experience, one positive element of the economic slump this year is that it showed very clearly that the recycling industry has been completely integrated into the broader global economy. In the late 1980s and again in the 1990s the recycling industry suffered a different kind of economic downturn that lasted a year or less and market demand rebounded. These previous downturns were caused more because the recycling industry had not grown to the point where it was fully integrated into the larger manufacturing market. In those cases, gluts in the amount of material waiting to be recycled caused sharp and sudden price drops even though the overall economy was stable. Since that time we have all done work together to build recycling into a massive grassroots movement, particularly here in Miunesota where over 75% of the people participate. Manufacturers are also much more on board and recognize the benefits of using recycled material in their products. What we began experiencing in 2008 and what conrinued into 2009 is an across the board, massive global slowdown in manufacturing and consumption. This phenomenon temporarily drove down the demand for the recyclable materials collected alongside with all other materials and products throughout the economy. Rather than rising and falling on a separate trend from the rest of the economy, recycling is now a full participant in the global economic market. This integration into the global economy actually strengthens the recycling industry as it shows that other larger manufacturing bases depend on recycling. Another way that the recycling industry has positively influenced the economy is through job creation. In Minnesota alone, the Minnesota Pollution Control Agency reports that the recycling industry creates 8,700 jobs directly but it is also responsible indirectly (as the "ripple effect") for an additional 19,000 jobs. In, 2008 the industry brought in $93 million in state tax revenue and created $3.48 billion in gross estimated economic activity! Locally, the recycling industry provides green jobs which stimulate economic growth while caring for the enviromnent. Eureka Recycling has created over 100 quality green collar jobs in the Twin Cities. Every employee of Eureka Recycling earns a living wage while making it possible for all of us to live a more environmentally beneficial lifestyle in our community. As a Twin Cities company, Eureka Recycling reinvests all of its proceeds back into the local economy through revenue share and by supporting local vendors and organizations whenever possible. Since 2001, Eureka Recycling has directly given over five million dollars to the communities we serve and conrinues to set the standard in Minnesota for giving back revenue from the sale of recyclable materials. The Economy Has Influenced Recycling The percentage of papers in the recycling stream as compared to containers has continued to shift for the third straight year. fu fewer and fewer residents have. newspaper and magazine subscriptions and conversely, as more people stay at home to eat rather than dining out, the ratio of paper products to containers has changed. Furthermore, communities all over the country are facing the impacts on their recycling program oflosing their local newspapers, whether a reality or possibility. 3 The annual composition study is conducted early in the year and the numbers reported in the chart below reflect a snapshot of the composition taken at that time. As 2009 progressed this shift accelerated and each day as trucks returned to Eureka Recycling's processing facility the percentage of the weight of the papers versus containers continued to shift. By the end of 2009 the overall composition or our facility has gone from 75% papers and 25% containers to 70% papers and 30% containers. While this percent change may seem small, it has an enormous impact on the operational side of the recycling program. Containers are much less dense than papers. This means that while the trucks fill up just as fast, they are much lighter. On the processing side, the bottle and cans stream is more expensive to sort than the paper stream. The change in composition is one of the primary reasons that Eureka Recycling worked with the City of Maplewood in 2009 to change the recycling contract from one which is paid by the ton to one that is paid by the household. This change was needed to assure that the program did not continue to spiral in an unsustainable direction in which Eureka Recycling was paid less and less to pick up more material that was also more expensive to sort. Annual Composition Study Eureka Recycling and Maplewood both share a value that there should be a composition analysis done each year for just the material collected in the City of Maplewood and not a larger facility average for all the materials processed in an entire MRF. This information on the specific composition of the material being collected in the City of Maplewood is an essential element that helps the city better manage the recycling program. In the recycling collection and processing contract Maplewood and Eureka Recycling agree that the composition analysis should be specific to the city's material. Many cities receive composition information from their recycling provider that is an amalgam of all of the tons being processed in their facility from all sources, residential, commercial and industrial. Each city is different and if a change in the composition of materials occurs because of a specific education initiative undertaken by the city or because of some change in the purchasing and recycling habits of the residents this information will not be seen in a composition report that is not city specific in its scope. In this year's composition analysis, conducted in February of2009, Eureka Recycling collected 82,715 pounds of material from routes in each day of collection in the city. This material was run through Eureka Recycling's sorting facility separate from all other materials to breakdown Maplewood's recycling into different types (see chart below). 4 News Mix 61.52% 62.69% 65.10% 62.87% Cardboard 6.45% 10.13% 4.40% 5.44% Boxboard 2.28% 2.09% 2.50% 3.63% Wet Strength 0.35% 0.35% 0.50% 0.36% Phone nooks 1.28% 0.27% 0.10% 0.06% Textiles 0.39% 0.05% 0% 0.09% Residual 0.23% 0.03% .5% 0.16% TOTAL 72.50% 75.61% 73.10% 72.60% Total Glass 16.09% 15.08% 14.90% 17.38% Steel Cans 3.07% 2.66% 3.10% 2.86% Aluminum 1.80% 1.46% 1.40% 1.44% Total Plastics 5.71% 4.79% 6.10% 5.4% Residual 0.84% 0.38% 1.50% 0.3% TOTAL 27.50% 24.37% 26.90% 27.40% Total Residual 1.07% 0.41% 1.9% 0.46% For more information on the methodology of the composition analysis done by Eureka Recycling please see Appendix B The City of Maplewood Assures Its Program Succeeds The recycling of glass, wet-strength cardboard, and milk cartons and juice boxes in the City of Maplewood is something to be proud of. In many cities these items are common examples of materials that may be collected at the curb by the hauler but, in the end, are not recycled and are often needlessly wasted. Materials are only truly recycled if they are sorted at a Material Recovery Facility (MRF) and sold to a manufacturer who uses the materials to make new products. The Story of Glass There is no better material than glass to use as a measure of how successful a recycling program is at meeting the waste reduction goals and values of a community. The enviromnental benefits of recycling glass botdes into glass botdes are significant in terms of saving energy in manufacturing and avoiding the mining of raw materials. Glass as a material can be recycled over and over again creating a near infinite source of energy savings and the perpetual use of natural resources. When you make a glass botde out of raw (virgin) materials (sand, soda ash, limestone, and feldspar), it requires a great deal more energy than when you make it fr"m recycled botdes. Conversely, when glass is wasted, so is all the embedded energy it took to make that botde in the first place and it must be replaced with a new item made from virgin material. In other cities in Minnesota, residents set out their glass thinking that is it being recycled when it is not. Uufortunately, much of the glass in Minnesota is not recycled but is instead used as an 5 aggregate, a sandblasting medium, or in landfill operations as roadbed. When residents leam that materials are not being recycled as they expected, they become skeptical, which understandably detracts from their willingness to take the time and energy to participate in the program and further reduces the environmental and economic benefits that recycling provides. Because the City of Maplewood and Eureka Recycling share a value that the items that residents take the time to set out should actually be recycled, we have taken steps to ensure the glass collected in Maplewood is recycled into glass. For glass to be recycled into new bottles it must be separated by color. Clear bottles are recycled into clear, brown into brown, green bottles into new green bottles. If the glass is not color-separated it is much harder, if not impossible for glass manufacturers to use it. The way in which glass-or any material-is collected and sorted impacts the quality of that material and the ability for that material to be recycled. Eureka Recycling uses a two sort system of collections. All paper types are collected in one compartment of the truck and all container types are collected in another. These materials are not compacted so there is much less breakage and embedding of glass. In contrast, in single-stream programs glass is collected with other materials like cardboard and paper. These materials are often compacted during collection and must run across more processing machinery, resulting in higher amounts of breakage. This not only makes the glass much harder to sort out but it also significantly decreases the value of the paper and cardboard because glass is embedded into those materials. (This not only reduces the amount of glass being recycled, it also lowers the quality of the paper being sent to the mill for recycling.) In addition to two-stream collection, Eureka Recycling has also demonstrated that glass can be recycled by investing in optical-sort equipment at our MRF. This process utilizes color recoguition technology that separates glass by color as well as contaminants from the finished product that are incompatible with the glass manufacturing process. The result is that glass collected in Maplewood is color-sorted right at Eureka Recycling's facility and can be recycled back into glass bottles. This not only benefits Maplewood, but it supports our local glass market (Anchor Glass in Shakopee, MN) and the local economy. Maplewood is one of the few cities in the Twin Cities that can claim their glass is truly recycled because they partner with Eureka Recycling, ensuring that the environmental benefits of recycling are maximized and that actions taken by residents are honored. The Story of Pop and Beer Boxes, Milk Cartons and Juice Boxes At most MRFs pop and beer boxes and milk cartons and juice boxes are mixed and bailed with other papers and cardboard into "Mixed Paper Bails". These mixed bails are then sent to paper mills where the fibers are dumped into a pulper to begin their journey to being new paper products. This is where the problem occurs. Wet Strength Cardboard is the packaging material that beer and pop bottles and cans and other (non-freezer) food items are packaged in. Pop and beer boxes are meant to contain items (bottles or cans) that will be chilled. When metal and glass is chilled condensation fomls and comes into contact with the box. This liquid would normally degrade the box and cause it to tear open. To 6 prevent this, manufacturers coat the material with a small amount of plastic to repel the liquid. This coating protects the boxes, but makes the boxes break down slower during the pulping process. Similarly, milk cartons and juice boxes are high grade paper layered with plastic to allow them to contain the liquid within without breaking down. When the paper mill dumps all of the tons of mixed paper into the pulper it is pulped for a certain standard amount of time based on what the mill believes the bails are made of Not knowing the amount of wet-strength cardboard, and milk cartons and juice boxes in the bails means that these items have not fully pulped at the end of the pulping process. This material is considered waste and is skimmed off and landfilled or burned. What does this mean? It means that: 1. Mter the resident took the time to set the material out, taking their tin,e and energy, 2. Mter the recycling company was paid to collect and transport the material from the curb to the processing facility, taking fuel and time 3. Mter the processing facility sorted all of the material and bailed it up, taking a good deal of energy and time 4. Mter all those bails were shipped to the paper mill, taking fuel and energy 5. After the paper mill attempted to pulp the material and it didn't work, taking energy and time, 6. The material was wasted costing tremendous amounts of energy, fuel, time and money This does not happen in Maplewood. The reason again, is that the City of Maplewood and Eureka Recycling share a value. This value is that if a resident takes the time and effort to recycle something that can be recycled their efforts should not be wasted any more than the material should. Eureka Recycling prevents this waste by further sorting the paper products collected in Maplewood. Rather than stopping at mixed papers we sort wet strength, milk carton and juice box material into their own categories. That means that when the paper mill buys these specific materials they know that it will need to be pulped a little longer. They take this step and the valuable fibers in this material are preserved and recycled into new products. This is only possible because Eureka Recycling takes the time to sort this material. As a result over 9 tons of material collected from residents of Maplewood was recycled into new products and not wasted. Because Eureka Recycling further sorts the materials into bails of ouly these items the paper mills can recover these valuable fibers. It is one of the reasons why Eureka Recycling has such an excellent reputation with end markets and why Maplewood continues to get the highest value of the material residents set out for recycling. MapIewood's quality materials make a big difference in this economy. It is a fact that companies still need our recyclables and there. is still a tremendous envirorunental impact from our efforts. Eureka Recycling and the City of Maple wood have carefully and thoughtfully desigued the recycling program to share the risk and help weather these storms. Eureka Recycling has built strong partuerships with the end markets where all of the recyclable commodities are sold for manufacture into new products. During these economic times, these markets have acknowledged the superior quality of materials collected in Maplewood and other 7 Eureka Recycling partner cities, and have rewarded this continued commitment to quality that is a hallmark of Maplewood's recycling program. Because the materials are of the highest quality available, Eureka Recycling is able to continue selling these materials to be recycled for their highest and best use. As partners dedicated to eliminating waste, the City of Maplewood and Eureka Recycling can guarantee that the positive environmental and economic impacts of recycling will continue. For years, there has been a profit to be made from the materials we sell to recycling markets. If there is not a financial profit to be made from recycling, or even if we must start to pay a little to recycle, recycling is still cheaper than disposal and the environmental benefits are extraordinary. Recycling is one of the easiest, cheapest, and quickest ways to reduce our energy use. For example, making a new alunlinum can from old cans results in 90-97% energy savings compared to making a new can from bauxite and other raw materials. The recycling industry also contributes in important ways to the economy and is already a leader in the national movement to create new green jobs. Annual Participation and Set-Out Rate Studies Maplewood is one of the few cities in the metropolitan area in which actual participation infonnation is gathered that is specific to this city. Each year Eureka Recycling counts set-out rates in each collection day for four straight weeks. This study yields information on how many residents set-out material in any given week as well as on the total percentage of the residents that take part in the program. This information is vital in targeting recycling education messaging to the specific area that has the most need for improvement. This information gives city and Eureka Recycling staff the ability to target efforts and messages to the areas that need it the most. This not only saves in the cost of sending unnecessary mailings, it provides the opportunity to examine the specific areas that need improvement and find ways to reduce the barriers to participation on a more personal level. 2006 2007 2008 2009 Set Out Rate 43% 41% 47% 45% Participation Rate 69% 67% 72% 70% Eureka Recycling conducted the annual participation and set-Qut rate study from October 20 to November 14, 2008. (See Appendix C for the definitions and methodologies of the participation and set-Qut rate studies.) The small 2% drop in participation this year may be the result of an increase in the number of vacant properties. The participation study is conducted in the fall at a time that many properties are in transition with people moving in and out of homes. . Maplewood's strong participation rate can be attributed to the consistent and high quality education and infonnation that Maplewood provides to its residents. This information both informs them of new materials like nllJk cartons, juice boxes and wet strength packaging, but also inspires them with information about the economic and environmental benefits of recycling. 8 This information gives the residents the tools they need to participate and the motivation to take the steps in their own households to help reduce waste. For the second consecutive year, Eureka Recycling and the City of Maplewood coordinated a successful recycling bin distribution event during National Night Out on August 4ID. Two teams made up of Eureka Recycling staff, city staff and members of Maplewood's Environmental and Natural Recourses Commission visited with residents at many of the block parties going on around the city. Residents were able to ask questions about their recycling program and receive a recycling bin if they didn't have one. Tonnage Summary 2009 has been a period of dramatic economic downturns in every sector of the economy. With family incomes and purchasing being curtailed as people cut back their spending there are fewer boxes and other packaging brought into the house that eventually needs to be recycled. As a result of this change in the habits of residents the tons of overall material recycled in 2009 was down just over 5% over the amount recycled in 2008. Monda 514.46 470.01 447.29 421.93 Tuesda 299.25 297.7 272.98 256.71 Wednesda 517.07 493.87 469.92 436.80 Thursda 397,29 376.08 368.33 337.01 Frida 577.87 562.73 481.43 477.74 CurbsideTotal 2305.94 2200.39 2,039.95 1930.19 Multifumil Total 308.32 489.1 628.11 596.33 Ma lewood Total 2614.26 2689.49 2,668.06 2526.52 There are some important positive aspects of this decrease in material. As a city that is dedicated to reducing waste it is good to see that there is let uunecesslry purchasing and unwanted packaging being generated. Source reduction is a legitimate element of waste reduction. Also the 5% decrease in tounage being experienced in Maplewood is the smallest decrease of any city that Eureka Recycling serves in 2009. Multi-Family Buildiug Recycling The multi-family recycling program in Maplewood continues to grow. This year the number of multi-family units with access to Maplewood's recycling program increased by 6.28%. Maplewood continues to playa role in the metropolitan area as a leader in establishing successful multi-family recycling programs for its residents. The Environmental Benefits of Maplewood's Recycling Program in 2008 There are many ways to calculate the benefits of recycling. To better explain these benefits in commonly understood terms, govermnent agencies, research scientists and economists have created several "calculators" to translate the amounts ofrecycled materials collected and processed into equivalent positive societal and environmental benefits. 9 Most recently, it has become imperative to measure waste reduction (and all our activities) in terms of its impact on climate change. This allows us to speak in a common language, understand the impact of our choices, and help us prioritize the personal and policy actions that we take. Many cities around the country work with the International Council for Local Environmental Initiatives (ICLEI) to quantify and now register the climate change impacts of their city. It is also important to calculate the carbon impact of waste reduction as the global effort continues to enact a carbon "cap and trade" system. In addition to climate change mitigation, there are other environmental benefits to recycling, including saving energy and protecting air quality, water quality, natural resources, natural beauty, habitat and human health. Some of these human health benefits are quantified in the Jeffrey Morris Calculator below. The benefits of recycling and composting In 2008, Eureka Recycling completed the report Recycling, Composting and Creenhouse Cas Reductions in Minnesota to calculate and explain the significant reductions in greenhouse gases through a zero waste approach. (The report can be downloaded from Eureka Recycling's website.) "Recycling, composting, and producer responsibility are poweiful tools to reduce waste and therefore, our greenhouse gas emissions. Specifically in Minnesota, reducing our waste has a greenhouse gas reduction impact equivalent to shutting down 20% of our state's coal power plants, or reducing evClY car usage in the state by two-thirds, or using 75% less electricity in our own homes." Page 2. These calculations were added to the Minnesota Energy Challenge, a website desigued for people to calculate their carbon footprint and learn how to save money and energy at home. Now, residents can calculate and see just how beneficial their household waste reduction activities are in addressing climate change. These same calculations can be applied to Maplewood's citywide program to demonstrate the programs benefits to the environment in terms of climate change. The Environmental Protection Agency (EPA) WARM Calculator The equations used in environmental calculations try to take into account the "full life cycle" of each material... everything from off-setting the demand for more virgin materials (tree harvesting, mining, etc.) to preventing the pollution that would have occurred if that material were disposed of (burned or buried). Different calculators may include some or all of the many factors that contribute to the "full life cycle," so results from calculator to calculator will vary. While there are many models emerging to calculate greenhouse gas reductions, the most recognized and standard model is the U.S. Environmental Protection Agency's WARM model. The Waste Reduction Model \'II ARM) was desigued to help solid waste planners and organizations track and voluntarily report greenhouse gas emissions reductions from severalodifferent waste management practices. The WARM model was last updated in November of2009 and recognizes 34 material types. 10 2006 2614.26 tons Maplewood 2007 2689.49 tons 2008 2668.49 tons 2009 2526.52 tons *MTCE (Metric tons of carbon equivalent), MTC02E (Metric tons of carbon dioxide emissions) are figures commonly used when discussing greenhouse gas emissions. What do all these numbers mean? The numbers above help municipalities calculate and track their environmental footprint. For more information about the process of measuring the enviromnental benefits of waste reduction, visit: http://epa.gov / climatechange/wvcd/waste/measureghg.htuli#click. These numbers, however, don't make much sense to the average person. To help recyclers understand the significance of their actions, the EP A has also developed tools to translate these numbers into equivalent examples that people can more easily understand. . For example, using the figures above, the EP A estimates that Maplewood would have had to remove a total of 1138 cars from the road for one year to have had the same environmental impact in 2009 as they did recycling. To achieve this, approximately 7.5 % of Maplewood's households would have had to give up one car for a year. . Another example of how these efforts can be translated into energy savings can be found in the EP A calculator. It shows that the energy saving gained by the recycling efforts of Maplewood's residents in 2009 could power the homes of just over 350 of their neighbors for one year. Although WARM is the most widely peer-reviewed and accepted model, it is considered to have several flaws. Many believe the use of this calculator is conservative and understates the real impact of waste reduction efforts. However, despite these flaws, WARM is a well-recognized, published calculator. Until a better calculator is peer reviewed and accepted, WARM gives us a conservative starting place to measure these impacts and work towards our goals. Even with WARM, as you will see, the impacts are quite significant. (http://epa.gov / climatechange/wycd/waste/ calculators/Warm Form.html) Jeffrey Morris Calculator Jeffrey Morris, Ph.D. Economist at Sound Resource Management in Seattle has developed a calculator that begins with the EP A's calculator and expounc)s upon it to gather information on not just Carbon and C02 but also several other important environmental and human health indicators. Although new and not yet widely-used, this calculator shows the significant benefits that WARM does not consider. 11 Carbon Dioxide Equivalent Reduction 7,135.9 7,329 (MTC02E) metric tons metric tons Human Health - 3,626 tons 3,702 tons Non-Carcinogen Toxins Reduction Human Health - 21.2 tons 21.0 tons Acidification (S02) Reduction Human Health - 3.8 3.9 Particulates Reduction metric tons metric tons Human Health - 1.5 1.5 Carcinogens Reduction llletric tons metric tons For more information about the process of measuring the environmental benefits of waste reduction, visit btt;p:1 / epa.<:1ov / climatechanp-e/wvcd/wasre/measurep-hv.html#click 7291.5 6791.0 metric tons metric tons 3552.4 tons 3,323.7 tons 20.9 tons 19.0 tons 3.1 metric tons 3.2 metric tons 1.5 1.4 metric tons metric tons Running a Green Fleet in Maplewood Maximizes the Environmental Benefit of Recycling Trucks run on fuel. Fleets of all kinds run on diesel fuel-from snow plows to school buses to recycling trucks. Diesel exhaust is made up of small particles that can penetrate deep into the lungs, and pose serious health risks. These particles can aggravate asthma and bronchitis and can cause lung damage and pre-mature death. Diesel exhaust is also a likely human carcinogen. Children are more susceptible to this pollution than healthy adults because they breathe 50% more air than adults. Maplewood and Eureka Recycling share a value that the collection of material should be done in a way that maximizes the environmental benefits gained by recycling that material. Even thought the environmental benefits of recycling far outweigh the environmental impact of collection recycling with trucks, Eureka Recycling has taken many steps to minimize the environment impact of its fleet. . Eureka Recycling has installed diesel oxidation catalysts (DOC) on several of our trucks to specifically reduce our particulate emissions and is committed to retrofitting the remainder of the trucks in our fleet. According to the EP A, DOCs reduce emissions of particulate matter by at least 20%, reduce emissions of hydrocarbons by 50% and reduce carbon monoxide emissions by 40%. A diesel oxidation catalyst (DOC) is a device that uses a chemical process to break down pollutants in the exhaust stream into less hannful cOlnponents. . Eureka Recycling fuels our trucks on a 20% biodiesel blend, which further reduces greenhouse gas, particulate, smog and ozone deplering carbon monoxide and other hydro carbon emissions. . Eureka Recycling has a strongly enforced No Idling.Policy. When our drivers are stopped for any length of time they are required to turn the trucks off. This may seem like a small thing but idling trucks pollute the air in and around the vehicle and waste fuel. Reducing emissions in any situation where those emissions are not directly contributing to the collection and recycling of materials is an important way to make sure that the collections program is as environmentally beneficial as possible. 12 City of Maplewood Outreach and Education Summary 2009 In 2009, Eureka Recycling and Maplewood focused curbside education efforts on communicating with current recyclers about their recycling program. This included the continued conversation with residents on the economic, social and enviromnental benefits of recycling. In addition Eureka Recycling and Maplewood staff worked together to coordinate an extra recycling bin distribution event on National Night Out. Finally, Eureka Recycling partnered with city staff and with Maplewood Nature Center to teach backyard composting workshops. Recycling Hotline In 2009, Eureka Recycling's hotline staff had 469 conversations with residents about the curbside recycling program. Hotline staff also answered 32 calls from building contacts and residents participating in the multifamily recycling program that were calling with standard service questions. Eureka worked with these callers to help them manage their multifamily recycling set-ups, add carts or pick-ups, provide them with education material for their residents, and to work in many other ways to help improve their service. Hotline Calls Curbside Calls 800 327 587 469 Multifamil Calls 56 50 40 32 Total Calls 856 422 627 501 Requests for Printed Materials Curbside 125 81 100 128 Requests for Printed Education Materials Throughout the year Eureka Recycling mailed specific curbside recycling schedules, sorting information and cloths and linens stickers to 128 Maplewood residents in response to their questions and calls. Curbside Guide to Recycling All Maplewood residents in the curbside recycling program received the 2009 Guide to Recycling through direct mail. In addition to the basic instructions for how recycling should be set out, the guide included information about the economic, social and environmental benefits of recycling. 1 Direct Education Driver Ta s Postcards Personalized Letters 11,660 850 12 11,360 472 5 8,075 222 o 15,601 326 10 Eureka Recycling and the City of Maplewood share a value that all the material that can be recycled should be and that material that cannot be recycled should not be collected. Taking non-recyclable items on a ride in a recycling truck and through a processing facility not only wastes the fuel and energy to transport and process the material, but it also leaves the residents with the mistaken impression that the material can be recycled when in fact it caunot. Eureka Recycling drivers educate residents at the curb using educational tags for specific problems. In 2009 drivers left approximately 15,601 educational tags in recycler's bins. This is a significant increase in tags used. Participation in the recycling program in Maplewood increased significantly over 2008. New recyclers are often confused about what can and cannot be recycled at the curb. As a result it is expected that drivers will need to do a greater amount of education at the curb. Our experience has shown that the absolute best place to educate residents about their recycling program is right at the curb. This is not only efficient in that drivers can educate only the residents that are confused, but it also begins a conversation with the residents. All Eureka Recycling's tags encourage residents to call our hotline where waste reduction educators are wairing to clear up any confusion about what certain items are not recyclable or on how their efforts at the curb can have such a important impact on the value of the material and the environmental benefits of recycling. When there are no bins available to leave a tag, drivers report any issues on a separate form, and in order to communicate with these recyclers directly, we send educational postcards. These are similar to the tags and encourage residents to give us a call with questions. Drivers and hotline staff worked together to send out 326 educational postcards in 2009. Again this is an increase from 2008 and can be attributed to the large numbers of new recyclers in the city this year. Personalized letters with detailed information and instructions to residents about setting out recycling are used when the usual tags and postcards have not been successful in correcting repeated problems. These letters help residents better understand the program and are a more personal way to begin having more detailed conversations with residents about issues that may be confusing to them. This year Eureka Recycling sent 10 personalized letters to residents. As in previous years, the most common issues for residents that required direct education were confusion about plastics (what types of plastic are recyclable) and proper sorting. 2 ThJj<l\l'_1lilI< 'mh:!M~_q! Cl!lll re~& Ih!>> aHhuort>? IIIElrol\NllTllm RECYCliNG SIIIl' 'llOJI!!>I:fl.il!:Sllll\!f~l\S.fi!'Ilj: m~~w~M>. ~yilIlP~ Special Pickup Addresses To ensure that every resident has the opportunity to recycle, Eureka Recycling offers to collect recycling from locations other than the curb for residents who request special pickup service due to short- or long-term physical limitations. This service is provided free of charge. Currently, this service is extended to 15 Maplewood residents. MUltifamily The City of Maplewood has a very organized multifamily recycling program. This year 3 new accounts were brought on to the city program. Their old service contracts expired and are now serviced by Eureka Recycling. Each building was visited by Eureka Recycling staff to determine the proper setup and distribute educational materials to help the management ensure participation in the program. We have now a total of 35 multifamily complexes, 129 ' residential buildings, 7 city buildings, for a total of 3,317 residential units being serviced in Maplewood's program. Multifamily Education Materials and Customer Service Overall, from 2008 to 2009 the number of units recycling in Maplewood's multifamily program increased by 6 Y. %. Eureka Recycling continues to monitor the performance at each account on an ongoing basis in order to inlprove participation. Our drivers track issues and staff are able to follow up ilmnediately by offering suggestions that address the specific needs of the building and providing more education materials for residents. Eureka Recycling provided 197 pieces of recycling education (instructional posters and brochures) to the building management and residents of the newly established and existing multifamily accounts in 2009. 3 Eureka Recycling continues to monitor the performance and service issues at each account in order to adjust service levels on an ongoing basis. Capacity for storage is an issue that gets addressed through our attentive drivers and involved on-site contacts so that more carts get added as residents recycle more. In 2009 an additional 34 carts were added to buildings where increased recycling capacity was necessary to service the increased recycling needs of the residents. Special Education and Outreach 1.) National Night Out was on Tuesday August 4". Eureka Recycling as well as members of the Maplewood Environment and Natural Resource Commission and city (should this be a capital C?) recycling staff fanned out into neighborhoods that the annual participation study showed had recycling participation rates that needed improvement. The mission was to talk with residents at area block parties, answer any questions they had about recycling, talk to them about the environmental and economic benefits of recycling and distribute recycling bins to anyone that didn't have one or who needed an extra to help them recycle more. In addition to consuming many helpings of bratwurst and excellent noodle salad that every party had in abundance to share, the tearru distributed over 500 recycling bins. Much of the effort in 2009 was spent in the neighborhoods in southern Maplewood. These areas were chosen because the Friday collection routes were the only areas of the city to not increase their participation in 2008. As a result of this work in 2009 while participation fell slightly for all other collection days, Fridays Participation was up 7% from 66% participation to 73% beating the overall city average of70% by 3 %. This shows the strong correlation between the participation rate and the efforts of the National Night Out Team. We enthusiastically invite more members of the ENR commission to help with National Night Out in 2010. Let's see if we can hit even more of the city and talk to residents at all of the city's many block parties. 2.) Backyard Composting Workshops were taught by Eureka Recycling at Maplewood Nature Center throughout the months of May and June. Residents were invited to come to the workshops where they could purchase backyard composting bins and learn about how to compost food scraps and other compostable material in their back yard; where instead of making waste they would be making compost, a valuable soil amendment for their yard. 4 Appendix A Maplewood Multi-Family Tonnage by Property - 2009 1860 McMenemy Street _ J~~~!~_~~_~9___. -Seaver-C'reek 'C'i)'ndos.--------- .... u~,~!?~~ BeliWoodApa'rtmen~--'--' ,1915' ~(~~!iGI"en ~E~!!~.~ill~MaE~~~9_~9)__~_,"_,.." ~i_~I__~!t~~t,_31~66----" i Cardinal Pointe .n'azelwood S"tre-et, 3003--W-"W_W~~" Carefree"'Cotiii'ges - -eiVais-'~venue'; 1801 CenturyMRidge~^-~- .. ",..MM~~~_~.' -entury Avenue North, 89 q~_~~Iestone Court A2artmerits ""'o'nway--Avenue, 2585 Concordia Arms u_~_~ y~]~:~y~~@~.t<!~t> Con'nemara I ",",_,."_,,_~___W" .ww_~__~ l?Elndin Lane, 2465 Connemarawll ondin Lane, 2445 -Ed'gerton'''H'j~l'hl"ands-- ,. W".M___.~'"' "MM~jS-kii~~~~~~~~'.~'~:g~~~~:~::~__._." _ Emm'asnpiac~~--' iVanDyke Street, 2163 English Maii-or<4partments "'_~W ",-,~_m'"'lE'ngijs-h-Street: 1809 GeiVa;s"Co'lj'rt"S-enlo~~~part'mEmt~----'-::,-: .. -.----T~~~~!S-g~~~;,,~t~"~L~ QCi!~~~ii.~fur Apartm-en!i',"_=~---- _ _~_~w jLarpenteuL~'{~QlJ_~__~_~!~ 321 ~_r~_~n_gate Apart,rIl,~~t~_ : Furness Street, 18.~~_______ HeritageSquare 'Condos iCounty Road D East, 1240 B2~~stead--ai'Maple_~()o~d"-'--""-'~'~-" "'""TSherre~_~~~~,=I~~Q'''_~ [akevfewCorm;:;ons~----"-"~~'- , . . .;,~~~,~.~<:I~g__I?_rly~__t:J!J_r:!~_,__~_?Q_Q". Maple--Kn-6TI Town'flom-es----~--. """_~~~~__~. .!~~;;;~!_~venue, 1800:~~_~?~__.., Maple Rfdge Apartments~~" -- i County Road D East, 1695 MaplewoodApartments~-~- -,~"' TCarpenteur Avenue E,~"-~^ i2343/2367/2391/2425/2443 , ~apieYl~~_MR.~_!_!~~B9mes~~~=~~~~=-,J.~!i9![~E?ieet:"-1-876'==~--=,=Ift--~~" "".."-:[~ Maplewood Townhomes Ariel Street North, 2451 31] 4,099 6,091 McKnkiili'ToWiihomes"'''''''''' . ... . . ------1McKnig-h{-Roac{"370'''''''''' - -1-90T----T6i{676T"...1..1-6~-089 p'a;:k'Edg~_f\_p~~~ments-~~--- '''"'-~ilde- Streef2C)'Z5"M- - -s1l ' ., ',"'_M-~-~.7~003 parkvlew~C~'=!rt Apartments~" -~~~~~___:,g~~__~~.~.I?~,~..,I?~.iY.~.!.m~_~..~.Q", _~~J?J ..... .,?g!.Q_~,~r==~?~I~~ Pondview Apartments ilvy Avenue East, 180: 42,967: 56,379 ..J?_!:?l?,"!?!~75/?~____"_~_ :: RosotoViiia-'onwRoselawn ._..,," iDesotoStreet, 1901 --~7oi~~-~o1~-"'" 0 ....~,!.7?~.: ~_'~j_6T_.p~.~.f:~,-,:M:9~~~~~~ri'~~'6:~'::,$~6~iilCJI6~:'.':'.--' ,,~l~c$~eo:'~u~~n')t-"'yFfRQ..oasJa" ':d':,'~D'~,'jt'~9'~'-9':':6''''''--'''' .-.-.- ~,I ,~~~~~~_"~~E.L ~.--~ 16,687 c... ?~)?M~?L___.._~.?JE08 4 _~_ibley Cove Apartm5~D,~~_~_,,____,", ' . .... ....... ,'" , '80L-~:?~1-4:t 15,909; 18,928 SiiverRidgeApa,!_ments .'. jStilllJll~terAvenu~e-:-"2330 186r~ ,"" 0 W,_"".........._~~'--'--- 0' Town and C"ou'";;riY ~Mobile Home' Par~f:righ'way 61,2557 T2'if' 43,522 47,265, _____~8,!,??? \iii'i'aiie"o'n'''Woo-dfi~~~::::-:--''''''''''''''''--''---~-------- ........ -- . \Woo~!Y~~:Ay-e~ue':"'21'22 . . ---- . "--Y"-' -- -- - -- -60 r-- - -?2','i:i'1"O: . . . 4'6~-1'4-1t 41 ,259: -Walker at Hazel^Ridge~- : Hazelwood'Street, 2730 75: 28,822: 33,755r -'33,966: Totals 3,317 572,655 937,678 1,210,514 m,n96 225 13 m3? 60 109 108 18 ,,___16,423 33,896 .i2,345 ~"-10:845 -25,035 """113;363 ,""m"-"21'~202 ~~_..- ....... ......~~.?Q.? 57,861 58,492 . . ______...I?:~~~~ 44.280 1,735 16.94 Ii 1'7;681 15.222' 11,426 . 15.91e:-----,1 260 __I[~~L[~_" _ _~!~.Q.~?__ 10.711, 10,835 36}19S,..m'24;680 15.41 ", 17.366', 15,259 ".... :~~;~'~"D.~- - --14~~i~[":'::' ,~',~~~"~'~"~, 19.189, 32.249: 28.978 ~65,242f 83,012 79,329 44.395' ge u j3,"581 57 9.t25' -ioo _,~u -240 47,530 3.274 3,612 3,709 3;964 ----156,522'.'..'.'.145,334 12;837: 12,091 """",,3Q,969 , ~9,07~ 71.055i 58,498 _ :'-:"I~~~~~_~ 40,631 .. """"'"20;025 91983 . .~.~~~'.~~:~Z~ 35,702 27,214 1,136,817 1 Ii 2,006 2,007 2,008 01 0' 1,253 - - - --------cH .".".".".".".""-""----or------~~,,~,~'! 13.24ir 13.254[ 21,311 ~~~~_~.!....________...! 5,20?l,_w~w~"~!~~. ~~,?241 3,94?L__ ~.'~1"~ 9.649' t3,t61; 11,950 01 0' 470 Public & Non-Residential Properties Address Fire Station 1 i Century Avenue North, 1177 Fire- Stittlon2-- - TClare'nce".Stre'et~-1-955------------ MapiewoodC'ity- Hall -~~- .,,"...~~--~.. 'col:inty Ro~cji[,..1.~~9~~-- Maplewood col11l11unTty-Center .~~. White Bear~Avenue, 210 Maplewoocf'Natu're'Center -"'",.. Seventh Street'" East, 2659 -MaplewoodPubl1cWorks Co'urity' RoadB,J_~9?___m_~.~~ P:'!1c;enlx Treatment Center White bear Aveii-ue~ 2055 Sites 1; ------"1"1'.... l' Composition by Commodity of Each Recycling Stream The composition study starts with Eureka Recycling storing all of the matelials collected in the city in the containers streaUl during a one-' week period in. a separate bunker from all other materials at the facility. Eureka Recycling sorts these containers by material separately frOll1 all other containers at the facility using the sort line. , ,I , Appendix G Eureka Recycling Participation Analysis Methodology Eureka Recycling conducts an annual participation study in which both set-out and participation rates are analyzed and documented. The set-out rate is the average number of households that set materials out for recycling collection on a given day. For example, every Monday for one month, collection drivers count the number of households that set out recycling on that day. Then the four numbers are averaged to determine the average number of households who set out recycling on a given Monday. The participation rate is the number of households who set materials out for recycling collection at least once over a period of one month. The participation rate is a better indication of overall recycling participation because it includes households that recycle at least once a month, recognizing that some households may not set out recycling every week. It more accurately indicates how many households are participating in the recycling program O1lerall, as opposed to the number of participants on a specific day. Summary of Process The study spans one month of collections. Eureka Recycling selects random sections to study for each daily recycling route, each section being comprised of about 200 households pet day, for a total study of over 1,000 households. These same sections will be studied every year for consistency. Over a four-week period, Eureka Recycling tallies the exact number of households that set out recycling for collection in the morning of their collection day, before the driver services the section. The four-week study tracks recycling set-outs over the five days of collections during the week, totaling 20 days of set-out tracking. (651) 222-S0RT (7678) www.eurekarecycling.org innovative --resource managemimt anttto.'feach a-wasie~fn3e- tomorrow by: dem~n:str~tin~: tl1:at:~:~s_~e _,- is preventalile; not in~vitable: An- affirmahve-a'cUdn::!iquuf op-PQrtijriity:en1PIoy~r:' - -@,:P'rinted o_~:100% -p_6sra;ri-~&m~~ recycled paJl~ .Without Agenda Item a.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director Bill Priefer, Recycling Coordinator SUBJECT: Recycling Contract Request for Proposal Discussion DATE: February 17, 2010 for the February 24 ENR Commission Meeting INTRODUCTION The five-year recycling contract with Eureka Recycling will end on December 31,2010 (Attachment 1). In October 2009, due to the effects of the economy on the recycling market, staff recommended that the City Council amend and extend Eureka's recycling contract. The amendment included a change to the collection fee charged by Eureka to Maplewood for curbside collection of residential recycled materials from $116.73 per ton to $2.10 per household. The recommended extension was for an additional two years, with hopes of recouping losses with favorable pricing in a down market where new recycling contract bids were thought to be much higher on both the processing and collection sides of the program. The City Council ultimately approved the amendment to the contract (Attachment 2), but not the extension. The extension was denied to ensure an open process for a new recycling contract to be awarded in 2011. This item is being brought before the Environmental and Natural Resources (ENR) Commission to obtain feedback on the recycling contract request for proposal (RFP) process and requirements desired in a new contract. Background On February 1, 2010, the City Council held a workshop to discuss the recycling contract RFP process and requirements. In summary, the City Council found the RFP process to be acceptable and asked several questions regarding dual versus single stream recycling processing. DISCUSSION Process The city will be assisted by Mary Chamberlain of R. W. Beck on procurement options and recycling technical assistance services as part of R. W. Beck's technical assistance contract with Ramsey County. R. W. Beck assisted the city in its previous recycling contract RFP process in 2004 (Attachment 3). The tentative schedule for review and completion of the RFP is as follows: . February 24, 2010: ENR Commission initial discussion of recycling RFP. . March 15,2010: Recycling contractor informational meeting with ENR Commission. . March 24, 2010 (tentative date): ENR Commission finalizes language on RFP. . May 10, 2010: City Council workshop to discuss draft RFP. . May 24,2010: City Council final review and approval of RFP. . June 1, 2010: Release of RFP. . July 1, 2010: RFP due date. . July 19, 2010: ENR Commission review and recommendation of recycling contract proposals. . August 9 or 23, 2010: Approval of recycling contract by City Council. . January 1, 2011: New recycling contract begins. General Contract Requirements The RFP should outline the general contract requirements being requested by the city such as the duration of the contract, payment terms, collection days, and single versus dual stream collection preference. By far the single versus dual stream collection preference will be the largest debate in this year's RFP process. Eureka Recycling collects and processes recycled material using the dual stream method. Over the five-year recycling contract period with Eureka, the city and Eureka have worked to educate our citizens on the dual stream recycling collection method. Sinale Stream Verses Dual Stream Recvclina Single stream recycling involves the collection of all residential recyclables including cans, glass, plastic, and paper combined and collected together. Dual stream recycling collection involves separating and processing cans, glass, and plastic from paper. Single stream offers the ease of recycling, while studies reflect that dual stream reduces the amount of residual rates of recycled material. The term "residual" is defined as the recycled material that is collected, but damaged or contaminated during collection or processing to the point that it is no longer marketable. For review attached is a document that highlights the benefits and challenges of single versus dual stream recycling collection (Attachment 4). Other Reauirements to Consider Other recycling best practices the city may want to consider in an RFP include the following: . Preferred end markets: Should the city specify that glass bottles be recycled back into glass bottles? . Opportunities to add new materials: Should the city require a recycler to accommodate new materials throughout the contract? . Emissions: Should the city require a recycler to reduce emissions by the use of alternative fuels, equipment, or operations? . Revenue share and processing costs: What share of the revenue earned from the processing and sale of the recycled material should be returned to the city? . Education: Should the city require a recycler to inform residents about the recycling program and educate residents on what is recyclab.le? . Work Plan and Goals: Should the city require a recycler to submit work plans and goals each year? . Annual Report: Should the city require a recycler to submit annual reports on the recycling program? 2 . Composition Analysis: Should the city require a recycler to submit a composition analysis specific to what is being recycled in the city each year the contract is in existence? . Participation Study: Should the city require a recycler to conduct participation studies each year the contract is in existence? . Customer Service: Should the city require that the contractor handle all customer service requests and complaints? . Enforcement of Contract: What provisions should be in place to ensure enforcement of the contract? Draft RFP Ms. Chamberlain has prepared a draft Recycling Contract RFP for review by the ENR Commission (Attachment 5). The draft RFP covers many of the items listed above. In particular, the RFP calls for dual stream proposals, with a single stream alternate request, which reflects Maplewood's commitment to the dual stream process. Staff is requesting the ENR Commission review and comment on the draft RFP. Based on these comments, revisions will be made to the RFP and brought back to the commission for a final review and recommendation in March. SUMMARY Staff will review the recycling contract issues with the Environmental and Natural Resources Commission during the February 24, 2010, meeting in hopes of obtaining feedback and direction on the process and RFP language. Attachments: 1) Recycling Contract Between the City of Maplewood and Eureka Recycling 2) Recycling Contract Amendment 3) City of Maplewood 2004 Recycling Contract Request for Proposal 4) Benefits and Challenges of Single Versus Dual Stream Recycling Collection 5) DRAFT 2010 Recycling Contract Request for Proposal 3 JIO'v 1 5 Iml Attachment 1 CONTRACT AGREEMENT BETWEEN CITY OF MAPLEWOOD AND EUREKA RECYCLING FOR RECYCLING SERVICES Table of Contents 1. Definitions............................... .............................. ....... .................................... ............4 2. Term of contract ................... ...................................................................... .................. 7 3. Annual Work Plan ........................................................................................................ 7 4. Annual performance review meeting to discuss recommendations for continuous improvement................................................................................ ................................7 5. "Dual Stream, Plus" collection / processing system ....................................................8 6. Payment Terms ........................................................... ..................................... ............8 7. RFP and Contractor's Proposal....................................................................................9 GENERAL REQUIREMENTS FOR ALL COLLECTIONS ..................................................9 8. Missed collections .............. ....................................................................... ................... 9 9. Severe weather .................. ........................................ ................................................ 1 0 10. Collection hours and days..........................................................................................10 11. Customer Complaints.................................................................................................10 12. City retains right to specify resident preparation instructions .....................................10 13. City shall approve Contractor's public education literature......................................... 1 0 14. Weighing of loads.......................................................................................................11 15. Monthly and annual reports........................................................................................11 16. Ownership of recyclables ...........................................................................................11 17. Scavenging prohibited ................................................................................................ 11 18. Cleanup of spillage or blowing Iitter............................................................................12 19. Recyclable materials required to be transported to markets; Disposal prohibited ......12 20. Designated primary glass market............................................................................... 12 21. Processing facilities must be specified....................................................................... 12 22. Estimating materials composition as collected ........................................:..................12 23. Estimating process residuals......................................................................................13 24. Lack of adequate market demand ..............................................................................13 25. Vehicle requirments.... ...... .............................................................. ............................ 13 1 , . 26. Personnel Requirements...................... ...... ................,...... ......... ................. ...,........... 14 27. Licenses and Permits .......... .......................................................................................14 28. Performance monitoring ...... .......................................................................................14 29. Liquidated damages....... .................................. ............. ........................... .......... ........14 CURBSIDE COLLECTION REQUIREMENTS ..................................................................15 30. Weekly Collection................... .................. ................................ ................. .......... ....... 15 31. Point of collection .......................................................................................................15 32. Curbside collection schedule deadline .......................................................................15 33. Procedure for handling non-targeted materials ..........................................................15 34. New Materials to be Added in 2006............................................................................16 MULTI FAMILY COLLECTION REQUIREMENTS............................................................16 35. MFD building owners may elect to subscribe to recycling service under the City's contract............................................................................ ..........................................16 36. Multi-family collection stations....................................................................................16 37. Multi-family container location(s) .................................................................. ......... .....16 38. Multi-family service standards ....................................................................................17 39. Multi-family recycling container requirements ............................................................17 40. Responsibility for providing and maintaining multi-family recycling containers........... 17 41. Public education information for tenants with multi-family recycling service............... 17 42. Other public education tools to residents with multi-family recycling service.............. 17 43. Annual report to MFD building owners .......................................................................17 INSURANCE AND OTHER LEGAL REQUIREMENTS ....................................................18 44. Insurance.................. ........................ ......................................................................... 18 45. Transfer of interest ........................ .................................................... ......................... 19 46. Non-Assignability and Bankruptcy..............................................................................19 47. Dispute resolution and arbitration procedures............................................................19 48. Performance bond... ..................................................................................... .............. 19 49. General compliance. ....................... ............................. ................................. ............. 20 50. I ndependent contractor.. ..................................... ....:... .................................. ............. 20 51. Hold harmless ..................... ........................................ ............................................... 20 52. Accounting standards...................................................... ................................ ...........20 53. Retention of records.... ............................................................................................... 20 2 54. Data practices................................. .......... ....................... ..........................................21 55. Inspection of records.. ............................................................. ................... ................21 56. Applicable law.... ......... ....................................... ..................... ................... ......... .......21 57. Contract termination... ................................................. ...............................................21 58. Employee working conditions and Contractor's safety procedures ............................21 59. Contract amendments........... ....................................... ..............................................22 3 This Agreement is made this / D i.hday of ()CO~[Il...2005, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the "City") and The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"), a Minnesota non-profit corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis, Minnesota 55413 (the "Contractor"). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high~quality recycling services be available to all its residents; and WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; and WHEREAS, the City supports multi-family recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential recycling services; and WHEREAS, the Contractor has submitted a proposal for comprehensive recycling services to the City; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 1. Definitions J.1. "Aluminum cans" Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. 1.2 "City's annual recycling public education flyer" The City publishes an annual public education flyer that contains the following recycling information for City residents: . Annual calendar and map of curbside recycling districts for "single family dwellings" . List of materials to be included for recycling . List of materials excluded that cannot be recycled in the City's program . General information about curbside recycling and multi-family recycling instructions . How to prepare materials. 1.3 "City's designated contact person" The City has designated the City's Environmental Management Specialist, DuWayne Konewko, as the City's current contact for management and administration of this Agreement. 4 1.4 "City-designated recyclables" or "Recyclable materials" or "Recyclables" The following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper recyclables; plastic bottles; textiles; and corrugated cardboard as defined and further described in the "City's annual recycling public education flyer". This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect. 1.5 "Collection" The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 1.6 "Contractor" The City's recycling service Contractor under the new contract beginning operation on January 1, 2006. 1.7 "Corrugated cardboard" Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard. 1.8 "Curbside recycling bins" Uniform curbside recycling bins (e.g., red, plastic recycling "tubs") supplied by the City in which recyclables can be stored and later placed for curbside collection, as specified by the City. The recycling containers remain the property of the City. 1.9 "Curbside recycling service" The recycling collection service, together with related public education and other customer services, specified within this RFP utilizing curbside recycling bins. Multi-family dwellings may receive curbside recycling service as selected by the City and the Contractor. 1.10 "Glassjars'and bottles" Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 1.11 "Market demand" The economic and technical capacity of markets to use recyclable material to make new products. 1.12 "Markets" Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end-markets, intermediate processors, brokers and other recycling material reclaimers. 1.13 "Multiple family dwellings (MFD Y' A building or a portion thereof containing two or more dwelling units. 5 1..1.4 "MFD recycling containers" Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from residents in MFD's prior to collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 1..1.5 "Multi-family recycling service" Recycling collection service, together with related public education and other customer services, provided to multi-family residents that utilize multi-family recycling containers (i.e., carts) and use multi-family recycling stations. In general, multi-family recycling service shall be provided to MFD's with eleven (11) units or more per building. In general, MF dwellings with two (2) to ten (10) units per building shall be provided with curbside collection service utilizing curbside bins. 1..1.6 "Multi-famify recycling stations" The location of multi-family recycling containers designated by the recycling Contractor with agreement of the MFD building owner. Multi-family recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters (e.g., for old corrugated cardboard). 1..1.7 "Non targeted materials" Non-recyclable materials that are not included in the City's recycling program. Examples of typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic material in glass streams, pizza cartons in corrugated cardboard streams, etc. 1.J8 "Paper" Paper includes the following: newspapers (including inserts); household office paper and mail; boxboard; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes and magazines/catalogs. No boxboard containers used for food product storage in refrigerators or freezers are included. 1..1.9 "Plastic bottles" Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included. Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1 (PETE) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water; certain foods; soap and cosmetics. 1..20 "Process residuals" The normal amount of material that can not be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process residuals include subcategories of process residuals including but not limited to bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens, etc). "Process residuals" does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions. 6 1.21 llProcessing" The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 1.22 "Processing center" A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 1.23 "Steel cans" Disposable containers fabricated primarily of steel or tin used for food and beverages. 1.24 llTexti/es" Textiles include unwanted but reusable Linens: towels, sheets, blankets, curtains, tablecloths and clothes: including belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains. Textiles must be dry. 1.25 "Work Plan from Contractor" The annual work plan proposal for recycling system improvements submitted from the Contractor and approved by the City. 2. Term of contract The term of the new recycling contract will be a period of five (5) years from January 1, 2006 through December 31,2010. 3. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than October 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than November 1 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. ' 4. Annual performance review meeting to discuss recommendations for continuous improvement Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with the Contractor and the City's Environment Committee. The objectives of this annual meeting will include (but not limited to): . Review Contractor's annual report, including trends in recovery rate and participation. . Efforts the Contractor has made to expand recyclable markets. . Review Contractor's performance based on feedback from residents to the Environment Committee members and/or City staff. . Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. 7 . Review City staff recommendations for Contractor's service improvements. . Discuss other opportunities for improvement with the remaining years under the current contract. 5. "Dual Stream, Plus" collection / processing system Dual stream recyclables collection and processing services shall be the basic service system design for this contract. Under this dual stream design, residents shall continue to be instructed to separate recyclables into two primary groups of materials: (1) all food and beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber products, including: newspapers, boxboard, magazines, pop/beer boxes, mixed mail, catalogs, phone books, Kraft bags and corrugated cardboard. In addition, residents may place clean, reusable textiles out separately in plastic bags as outlined in Section 34 of this Agreement. Under this "dual stream plus" system design, processing shall also be by the categories as collected: paper separated from containers separated from textiles. The Contractor shall not make any changes to the dual stream collection or processing systems without written approval of the City. 6. Payment Terms The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net 30 days of receipt of the invoice. The billing system will include the following elements: 6.1 Per Ton Fee A charge for collection services calculated by multiplying the estimated tons to be collected in that month by the per ton collection fee of $110. The collection fee to be adjusted annually using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or 2.0%, whichever is lower. The Contractor shall provide a summary of tons collected each month by route. Truck scale receipts for all materials as collected and scaled at the Contractor's processing facility must be kept on file for a period of three years and made available to the City upon request. 6.2 Reconciliation from Previous Month A subtraction or addition of a reconciliation of the previous month's estimated tons as compared to the actual tons. 6.3 Materials Sales Revenue Share A composite credit for the following material sales revenue share: 6.3.1 All Paper Grades Paper prices shall be based on the Official Board Markets (OBM) "Yellow Sheet," Chicago region for Old Newspapers (ONP) # B, high side of range. The Contractor shall pay the City 60% of this OBM index for all grades of paper collected after a processing fee of $50 per ton. 8 6.3.2 Aluminum Aluminum prices shall be based on the American Metal Market (AMM), Aluminum (1 st issue of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. The Contractor shall pay the City 50% of this AMM aluminum index after a processing fee of $90 per ton. The Contractor shall provide copies of the referenced OBM market index and AMM market index with each monthly statement. The Contractor shall provide a detailed explanation of how the material splits are calculated to derive the paper and aluminum tonnage estimates. The City or the Contractor may propose other revenue sharing commodities and corresponding proposed pricing formulae, at any time during the duration of the contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to writing in the form of an amendment to the contract. 6.4 Monthly Fuel Price Adjustment A subtraction or addition of a reconciliation of the Department of Energy's monthly published index for 'Weekly Retail On-Highway Diesel Prices" composite diesel price for the Midwest region as compared to the baseline price of $2.328 per gallon established on July 4,2005. The difference between the monthly index and the baseline price will be applied to an agreed upon number of City of Maplewood recycling truck miles per month and miles per gallon. 6.5 Other Any other mutually agreed upon charges or credits. 7. RFP and Contractor's Proposal The contents of the City's RFP (as of June 13, 2005) and the Contractor's proposal are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (I.e., both curbside recycling collection and multi-family recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and multi family collection programs. 8. Missed collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11 :00 a.m. on a business day. With respect to all notices of a missed collection received after 11 :00 a.m. on a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 9 9. Severe weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those cases in which the temperature at 6:00 a.m. is minus twenty (-20) degrees Fahrenheit or colder. If collections are so postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 10. Collection hours and days The City requires all such collections to begin no sooner than 7 a.m. and shall be complete by 7 p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday and pre-selected Saturdays during holiday weeks. The Contractor may request one time City authorization of exceptions to these time and day restrictions (e.g,. pursuant to the "Severe Weather" section 9 above). The Contractor must request such exception prior to the requested collection event and specify the date, time and reason for the exception. 11. Customer Complaints The Contractor shall establish and maintain, in a location approved by the City, an office with continuous supervision for accepting complaints and customer calls, The office shall be in service with continuous supervision during the hours of 7 a.m. until 4:30 p.m. on all days of collection as specified in this Agreement. The address and telephone numbers of such office, and ten (10) days prior notice of changes therein, shall be given to the city in writing. The address of this office as of the execution of the contract is 2828 Kennedy Street NE, Minneapolis, Minnesota 55413. The Contractor shall also establish a link to the City's website so complaints can be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 12. City retains right to specify resident preparation instructions The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting and setout requirements. The City shall publish and distribute, on an annual basis, the detailed recyclables preparation instructions for its residents as part of its annual public education flyer. However, the City agrees to confer with the Contractor before the annual flyer distribution, 13. City shall approve Contractor's public education literature The Contractor shall conduct its own promotions and publiC education to increase participation and improve compliance with City-specified resident preparation instructions as per the public education elements of the annual work plan At a minimum, this shall include: production and distribution of an annual flyer to each home; and (2) distribution of "resident education tags" to be left by curbside collection crews if any non-targeted material is rejected 10 and left at the curb, The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 14. Weighing of loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 15. Monthly and annual reports The Contractor will submit to the City monthly reports and annual reports. At a minimum, the Contractor shall include the following information: . Gross amounts of materials collected, by recyclable material (in tons). . Net amounts of materials marketed, by recyclable material (in tons). . Amounts stored, by recyclable material, with any notes as to unusual conditions (in tons). . Amounts of "process residuals" disposed (in tons). . Recycling service fee (based upon contracted price per ton). . Revenue share credits back to the City (if any). Monthly reports shall be due to the City by the 15th day of each month. Annual reports shall be due by January 31. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City's recycling program (e.g., public education, multi-family recycling, etc.). 16. Ownership of recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor's personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer to Contractor. 17. Scavenging prohibited All recyclable materials placed for collection shall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them. Upon collection of the designated recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City's recycling Contractor or owner's independent hauler to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner's employees, owner's independent hauler's employees, or City's recycling Contractor's employees may not collect or "scavenge" through recycling in any manner that interferes with the contracted recycling services. 11 18. Cleanup of spillage or blowing litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 19. Recyclable materials required to be transported to markets; Disposal prohibited Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials. 20. Designated primary glass market The City and Contractor hereby agree that Anchor Glass Corp. (Shakopee, MN) shall be the primary market of choice for glass bottles and jars collected from the City's recycling program. The Contractor shall develop a proposed glass marketing contingency plan in writing for review, comment and approval by the City. This contingency plan shall be based on recycling glass into markets with the highest and best use of this commodity. The Contractor shall provide an annual assessment of the Anchor glass market as part of its annual report to the City. The Contractor shall provide as much notice as possible if the Anchor glass plant closes, stops accepting recyclable glass cullet, or otherwise becomes economically unfeasible as the primary glass market outlet. If Anchor is no longer a viable primary market for glass, and if the Contractor must adjust its glass processing and/or marketing operations, the Contractor may submit a proposed per ton fee amendment to the City. This per ton fee amendment proposal must include a detailed cost justification for any fee increase. Once the fee amendment proposal is submitted, the City shall have 30 days to negotiate a final fee amendment with the Contractor for approval by the City Council. 21. Processing facilities must be specified The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least 60 days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 22. Estimating materials composition as collected The Contractor shall conduct at least one materials composition analysis of the City's recyclables each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate 12 , the composition, including number of samples, dates weighed, and City route{s) used for sampling. The Contractor shall provide the City with a copy of each such analysis. 23. Estimating process residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. The Contractor shall record the weight and generator for all materials entering the processing facility on a daily, monthly and annual basis. These records shall be made available to the City upon request. The Contractor shall report total weight of material disposed as shipped out to a mixed municipal solid waste facility compared to the total material shipped out each month form its p rocessi ng facility. 24. Lack of adequate market demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The Contractor may then initiate the formal process by sending a letter to the City notifying the City that the recyclable item should be discontinued from collection. Upon receipt of the Contractor's notice, the City shall have 14 days to review and negotiate a contract amendment relating to disposal of such a recyclable commodity that does not have adequate market demand. After this 14 day period, the City shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand until the City has approved that collection be discontinued for those materials. After the City agrees to discontinue collection of those materials, the Contractor is responsible for the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in this written contract amendment to cease collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 25. Vehicle requirements Each collection vehicle shall be equipped with the following: . The Contractor's vehicles shall be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least 3 inches in height. 13 . 2-way radio. . First aid kit. . Approved fire extinguisher. . Warning flashers. . Warning alarms to indicate movement in reverse. . Sign on rear of vehicle which states "This vehicle makes frequent stops". . Broom and shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free of odors as possible. 26. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: . Conduct themselves at all times in a courteous manner with the general public. . Make a concerted effort to have at all times a presentable appearance and attitude. . Perform their work in a neat and quiet manner and clean up all recyclables spilled in collection and hauling operations . Avoid damage to property. . Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 27. Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits shall be current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances, Contractor shall make available for inspection all such licenses and permits upon request by the City. 28. Performance monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this RFP and in the contract. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after being notified by the City, the City will initiate the contract termination procedures. 29. Liquidated damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations: 1. Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 14 2. Failure to collect properly notified missed collections - $250 per incident. 3. Failure to provide monthly and annual reports - $100 per incident. 4. Failure to complete the collections within the specified timeframes without proper notice to the city - $100 per incident. 5. Failure to clean up from spills during collection operations - $250 per incident. 6. Failure to report on changes in location of recyclables processing operations - $250 per incident. 7. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclables - $100 per incident. 8. Exceeding any maximum process residuals rate that may be negotiated as part of a final contract agreement - $1,000 per exceedence. 9. Failure to receive City written approval of changes to the "dual stream" collection and processing systems prior to implementing any such change - $5,000. 10. Failure to conduct annual composition analysis - $100 per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. CURBSIDE COLLECTION REQUIREMENTS The following collection requirements are for curbside recycling services only and do not pertain to multi-family recycling services. 30. Weekly Collection The Contractor shall collect curbside recycling materials weekly. Recyclables shall be collected on the same days corresponding to City garbage collection days whenever possible (with the exception of curbside collection on Saturdays within agreed-upon "holiday weeks"). 31. Point of collection All curbside collection service will occur at the curbside (I.e., no alley collections of residential recyclables are allowed for residents with curbside collection service). 32., Curbside collection schedule deadline If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an ex1ension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the City's contract-designated contact person cannot be reached, the Contractor will request the City Manager. 33. Procedure for handling non-targeted materials If Contractor determines that a resident has set out non-targeted materials, the driver shall use the following procedure: 15 1. Contractor shall leave the non-targeted materials in the resident's curbside recycling bin and leave an "education tag" indicating acceptable materials and the proper method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City within the monthly report. 34. New Materials to be Added in 2006 The City and the Contractor have agreed to add two new materials to the curbside collection program: pop/beer boxes and textiles. The pop/beer boxes shall be added to the paper stream. These items should be flattened and placed by the resident unbundled with the other papers (newspaper, magazines, etc.) Residents shall place textiles separately in plastic garbage bags or other bags as determined by the City. Each bag or set of bags will have a identifying marker clearly identifying the materials for collection. Residents will be instructed to avoid the use of paper bags and boxes; however, materials set out in these containers are acceptable provided that the materials have not been exposed to rain or snow. If the textiles are wet the Contractor will not collect those items. MULTI FAMILY COLLECTION REQUIREMENTS The following collection requirements are for multi-family recycling services only and do not pertain to curbside collection services. 35. MFD building owners may elect to subscribe to recycling service under the City's contract MFD building owners will be able to use the City's recycling Contractor to provide the recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling contractor to provide the recycling services at the owner's expense. 36. Multi-family collection stations Multi-family recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 37. Multi-family container location(s) Multi-family recycling containers shall be placed in a location(s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic and shall comply with the City's zoning and other ordinances. 16 38. Multi-family service standards At a minimum, multi-family recycling services shall be available on the premises and shall be provided on a regularly scheduled basis of at least twice a month or as the City and Contractor agree is adequate. The collection schedule and recycling containers' capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 39. Multi-family recycling container requirements The recycling containers for buildings of 11 units or more shall be: 1. Sufficient in number and size to meet the demands for recycling services created by the occupants. 2. Equipped with hinged lids. 3. Equipped with standardized labels identifying the type of recyclable material to be deposited in each container and colored differently from other containers for mixed solid waste or trash. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 6. Replacement of stolen containers or containers that have been damaged beyond normal wear and tear shall be the responsibility of the City. 40. Responsibility for providing and maintaining multi-family recycling containers If the MFD building owner uses the City's Contractor, adequate multi-family recycling containers shall be provided and maintained by the City's Contractor under the conditions provided in Section 39 of this Agreement. 41. Public education information for tenants with multi-family recycling service At least once per year, the City's recycling Contractor shall supply the MFD building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). 42. Other public education tools to residents with multi-family recycling service . The Contractor shall specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners, as part of the annual work plan. 43. Annual report to MFD building owners The City's Contractor shall provide an annual report by January 31 of each year to the MFD building owners served by the City's contractor. A copy of each report to the MFD building owners shall also be submitted to the City. The report shall contain, at a minimum, the following, information: 17 1. Name of owner, building manager and contact information (mailing address, phone numbers, e-mail, etc.) 2. Street address of each MFD served. 3. Number of dwelling units for each MFD. 4. Description of collection services made available to occupants, including number of multi-family recycling stations, number of multi-family recycling containers, location of stations (or curbside service provided for MFD's under twelve units per building) and dates of collection. 5. Description of public education tools used to inform occupants of availability of services. 6. Tonnage estimates for each type of material recycled. 7. Recommendations for future improvements (e.g., specific public education tools). INSURANCE AND OTHER LEGAL REQUIREMENTS 44.Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor shall have the City of Maplewood named as an additional insured on each insurance policy specified below, unless the Contractor submits in writing this is not feasible for a specific insurance policy. The Contractor shall then provide certificates of insurance to the City by approximately December 15 of each year. The Contractor and its sub-contractors shall secure and maintain the following insurance: 44.1 Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. 44.2 Commercial General Liability insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000 fire damage and $1,000 medical expense for anyone person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 expenses to extract pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results form a covered cause of loss, 18 .. , 44.3 Commercial Automobile Liabifity insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 44.4 Director's & Officers Insurance or Errors & Omissions Director's & Officers Insurance or Errors & Omissions insurance providing coverage for "wrongful act" any actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty. The insurance policy provides $1,000,000 each occurrence and $1,000,000 aggregate limit of liability for each year. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty- (30) date written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its subcontractors to comply with these provisions. 45. Transfer of interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. The Contractor currently subcontracts to provide service to old corrugated containers (OCC) customers that require dumpster capacity. This subcontract is annual and the Contractor will notify the City in writing if there is a change in providers. 46. Non-Assignability and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from the City. In the event, the City its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 47. Dispute resolution and arbitration procedures The parties agree that any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled, at the option of the Contractor by arbitration in accordance with the Rules of the American Association cif Arbitration and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. 48. Performance bond This contract specifies requirements for a performance bond in the case of the Contractor's failure to perform contracted services. The performance bond shall be an annual bond for 19 $25,000 or whatever actual cost is incurred up to $25,000. The responsibility for renewal is the responsibility of the Contractor. 49. General compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. The Contractor pays its employees a prevailing wage based on the recycling industry in the state of Minnesota and Hennepin County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. All of our employees, permanent and temporary, receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor provides health insurance for all fulltime employees and a pro rata share for employees working more than 20 hours but less than 40 hours a week. 50. Independent contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 51. Hold harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 52. Accounting standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 53. Retention of records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non- 20 -... ~ expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 54. Data practices The Contractor agrees to comply with the Minnesota Government Oata Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Oata Practices Act, Minn. Stat. C. 13. 55. Inspection of records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 56. Applicable law The laws of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 57. Contract termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract ifthe default has not been cured after 60 days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the-City as a result ofthe breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 58. Employee working conditions and Contractor's safety procedures The Contractor will ensure adequate working conditions'and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. 21 " 59. Contract amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"): City of Maplewood: :uL B~~JZ=fU~~ City Manager By C' Executive Officer B4~ Chief Operating Officer ~ ) By Mayor APPROVED TO FORM ~~ City Attorney 22 Attachment 2 AGREEMENT AMENDMENT NO.1 to CONTRACT AGREEMENT BETWEEN CITY OF MAPLEWOOD and EUREKA RECYCLING FOR RECYCLING SERVICES This AGREEMENT AMENDMENT NO.1 entered into as ofthejOlffday o~&z..- 2009, by and between the City of Maplewood, 1830 County Road BEast, Maplewood, Minnesota 55109 (the "City of Maplewood"), and The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"), a Minnesota non-profit corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis, Minnesota 55413 (the "Contractor"). WITNESSETH: WHEREAS, the City of Maplewood and Eureka Recycling entered into a contract agreement dated September 27,2005, whereby certain recycling services would be provided by Eureka Recycling to the City of Maplewood; and WHERAS, the City of Maplewood and Eureka Recycling have now agreed to amend certain articles of the contract agreement, and WHEREAS, the City of Maplewood and Eureka Recycling previously agreed in the contract agreement, Article 6. Payment Terms, Section 6.1 Per Ton Fee, that a charge for collection services would be calculated by multiplying the estimated tons to be collected in that month by the per ton collection fee of $110; and the collection fee would be adjusted annually using the Federal Reserve Bankof Minneapolis annually published Consumer Price Index or 2.0%, whichever is less, and WHEREAS, the City of Maplewood and Eureka Recycling have now determined that it is in their best interests to amend Article 6, Section 6.1 of the September 27, 2005 contract agreement to change the fee basis from a per ton fee of $110 per ton to a per household fee of $2.10 per household per month for the balance of 2009 and 2010. And IN WITNESS WHEREOF, the parties have caused this Agreement Amendment No.1 to be executed as of the date first written. The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"): City of Maplewood The Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"): By ~ By City of Maplewood By APPROVED TO FORM AHacnm 3 ('Zoo~r P, Attachment A City of Maplewood Request for Proposals (RFP) For Comprehensive Recycling Services Final Draft June 13, 2005; Table of Contents INTRODUCTION.. ............... ............ ........ ,.................................. ..............., ..... 1 1. Statement of intent and City goals.......................................................... 1 2.. Background and history of the City's recycling program ............................. 1 3. Definitions.........................................................,................................. 1 4. Vendor selection process and schedule.................................................... 5 5. Term of contract ..................................................................................6 6. Annual performance review meeting to discuss recommendations for continuous improvement ........,............. ...............,............ ..................... 6 Proposals may be rejected in whole or part.............................................. 6 How to submit proposals ....................................................................... 6 Proposal content. .......,..............., ..............,..................... ..................... 7 Dual stream proposal scenario ............................................................... 7 Single stream proposal scenario ............................................................. 8 Price worksheet.. .................................., ......., ...................................... 8 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Price on a dollars per ton basis............................................................... 8 Revenue sharing ....,..........................................................,..................8 Vendors may team with other companies................................................. 9 RFP and proposal to become part of final contract....................................10 Evaluation Criteria......,...,................................................................... ,10 GENERAL REQUIREMENTS FOR ALL COLLECTIONS .............................................10 18. Missed collections.............................,........ ............................... ...........10 19. Severe weather .............................,., ........................... ................ .......11 20, Collection hours and days.....................................................................11 21, Monthly complaints report. .................... ...............................................11 22. City retains right to specify resident preparation instructions .....................11 23. City shall approve Contractor's public education Iiterature.........................11 24. Weighing of loads......... ...........,..............,................. ....,.....,................12. 25. Monthly and annual reports ........................:.........................................12 2.6, Ownership of recyclables ......................... .... ,..............,.....,.............,.....12. 27. Scavenging prohibited ................. ...,................... ................ .................12 28. Cleanup of spillage or blowing litter .......................................................13 - j - 29. Recyclabie materials required to be transported to markets; Disposal prohibited.....,........,......................................................................, ... .13 30. Processing facilities must be specified ....................................................13 31. Estimating materials composition as collected .........................................13 32. Estimating process residuals ...... .......................,.....,.....,.....,.....,.....,..,..13 33. Lack of adequate market demand ...... ....................................................14 34. Performance monitoring ......,.... ........... .................................................14 35. Liquidated damages..............................,..... ...,.................................... .14 CURBSIDE COLLECTION REQUIREMENTS....................................,...........,........ .15 36. Point of collection .............. ..................................................................15 37. Curbside collection schedule deadline.....................................................15 38. Procedure for handling non-targeted materials ........................................15 MULTI FAMILY DWELLING (MFD) COLLECTION REQUIREMENTS ...........................16 39. MFD building owners may elect to subscribe to recycling service under the City's contract.............................. ...,........,.,...,...............................,.. .16 MFD collection stations.......... .....................,........................................ .16 MFD container location{s} .................... .................................................16 MFD service standards ..................... ....................................................16 40. 41. 42. 43. 44. 45. 46. 47. MFD recycling container requirements ................................................,...16 Responsibility for providing and maintaining recycling containers ...............17 Public education information for MFD tenants..........................................17 other public education tools to MFD residents .........................................17 Annual report to MFD building owners ....................................................17 INSURANCE AND OTHER LEGAL REQUIREMENTS ...............................................17 48. Insurance .... ................................... ..........................,........ ................17 49. Transfer of interest..., ........ .,...............................,.........,..............., ..,. ..19 50. Bankruptcy............................................... Error! Bookmark not defined. 51. Dispute resolution and arbitration procedures..........................................19 52. Performance bond............................................................................. ..19 53, General compliance ........... .....,..,...... .................... ..............,........ ........19 54, Independent contractor........... ,....................... ..............................,.... ..20 55. Hold harmless...................................................................................., 20 -ii- 56. Accounting standards......... .... ............................................................. .20 57. Retention of records ..............,.............................................................20 58, Data practices ....,........... ............................ ,... ............ ............ .......,....20 59. Inspection of records ...........................................................................21 60. Applicable law.......................,........................................................... ..21 61, Contract termination...,.,........,............................................................ .21 62. Employee working conditions and respondent's safety procedures ..............21 ATTACHMENT A - BACKGROUND INFORMATION ...............................................22 ATTACHMENT B - PRICE WORKSHEET .............................................................24 ATTACHMENT C - CITY'S 2005 PUBLIC EDUCATION FLYER, ROUTE CALENDAR AND MAPS...............................................27 -iii- INTRODUCTION The following sections describe the City's purpose, background, general information, and decision process about this request for proposals (RFP). 1. Statement of intent and City goals This RFP defines the service standards, specifications and proposal requirements of the comprehensive recycling program for the City of Maplewood. The City seeks to enter into a new recycling contract with a company that has the resources and ability to provide residential recyclables collection services for the entire City. It is the intent of the City of Maplewood to accept and evaluate proposals for comprehensive recycling services including collection, processing, marketing and public education. The goals of the City are to maximize the fullest recovery possible of recyclables from all residents in the City and to achieve the most cost-effective solution. One of Maplewood's major goals is to increase service levels, quality and resident participation at the multi family dwellings (MFD's). The City intends to assure high-quality recycling services are provided to all City residents, to the maximum extent feasible. The City anticipates that the vendor who is awarded a new contract beginning in 2006 will assume a leadership role in this new initiative to improve MFD recvclino service and that thev will work very closely with the City to achieve this goal. Another goal of the City is to improve public education (to) of all City residents about recycling services (so as) to ~improve participation and recovery rates. The City encourages proposing vendors to submit their best proposal possible. The requirements within this RFP may be altered by vendors if proposals explicitly describe the change, rationale and price implications. For example, the "dual stream proposal" scenario assumes the City's current dual stream collection and processing recycling methods. Vendors may propose a "single stream proposal" scenario. Additional alternate proposal scenarios may be proposed if alterations and price implications are explicitly described. Vendors may propose multiple scenarios. Each scenario proposed must have a distinct, associated price. 2. Background and history of the City's recycling program Attachment A provides a thorough description of the City of Maplewood's recycling program. 3. Definitions 3.1 "Aluminum cans" Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. - 1 - 3.2 "City's annual recycling public education flyer" The City publishes an annual public education flyer that contains the following recycling information for City residents: " Annual calendar and map of curbside recycling districts for "single family dwellings" " List of materials to be included for recycling " List of materials excluded that cannot be recycled in the City's program " How to prepare materials. (See Attachment C for the 2005 edition of the "City's Annual Recycling Public Education Flyer") 3.3 "City's designated contact person" The City has designated City's Environmental Management Specialist, DuWayne Konewko, as the City's sole point of contact for prospective vendors. 3.4 "City-designated recyclables" or "Recyclable materials" or "Recyclables" The following recyclable materials: aiuminum cans; steel cans; glass jars and bottles; paper recyclables; plastic bottles; and corrugated cardboard as defined herein this RFP and further described in the "City's annual recycling public education flyer" (See Attachment C). This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. 3.5 "Collection" The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 3.6 "Contractor" The City's recycling service Contractor under the new contract beginning operation on January 1, 2006. 3.7 "Corrugated cardboard" Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard, 3.8 "Curbside recycling bins" Uniform curbside recycling bins (e,g., red, plastic recycling "tubs") supplied by the City in which recyclables can be stored and later placed for curbside collection, as specified by the City. The recycling containers remain the property of the City. - 2 - 3.9 "Curbside recycling service" The recycling collection service, together with related public education and other customer services, specified within this RFP utilizing curbside recycling bins. Multi-family dwellings may receive curbside recycling service as selected by the City and the Contractor. 3.10 "Glass jars and bottles" Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 3.11 "Market demand" The economic and technical capacity of markets to use recyclable material to make new products. 3.12 "Markets" Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end-markets, intermediate processors, brokers and other recycling material reclaimers. 3.13 "Multiple family dwellings (MFD)" A building or a portion thereof containing two or more dwelling units. 3.14 "MFD recycling containers" Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from residents in MFD's prior to collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 3.15 "MFD recycling service" Recycling collection service, together with related public education and other customer services, provided to MFD residents that utilize MFD recycling containers (e.g., carts) and use MFD recycling stations. 3.16 "MFD recycling stations" The location of MFD recycling containers designated by the recycling Contractor with agreement of the MFD building owner. MFD recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters (e.g., for old corrugate cardboard). 3.17 "Non targeted materials" Non-recyclable materials that are not included in the City's recycling program. Examples of typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic material in glass streams, pizza cartons in corrugated cardboard streams, etc. - 3 - 3.18 "Paper" Paper includes the following: newspapers (including inserts); household office paper and mail; boxboard; old corrugated cardboard; phone books; kraft bags; and magazines/catalogs. No boxboard containers used for food product storage in refrigerators or freezers are included. No coated boxboard (known in the industry as "wet strength boxboard") used for beer, soft drinks, water or other beverages intended for cold storage are included. 3.19 "Plastic bottles" Plastic bottles shaped with a neck. Piastic lids, caps, rings and pumps are not included. Recyclabie plastic bottles shall be identified on the bottom with the SPI plastic codes # 1 (PETE) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water; certain foods; soap and cosmetics. 3.20 "Process residuals" The normal amount of material that can not be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process residuals include subcategories of process residuals including but not limited to bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens, etc). "Process residuals" does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions. 3.21 "Processing" The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 3.22 "Processing center" A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 3.23 "Proposal Scenarios" Two different recycling collection/processing systems identified by the City for purposes of this RFP: " "Dual stream scenario" - The proposal scenario assuming the City's current dual stream collection and processing system for purposes of this RFP. Dual stream service includes' collection and processing the residential curbside material within the form of a dual stream system whereby residents will continue to be instructed to separate recyclables into two groups of materials: (1) all food and beverage containers, including glass, metal and plastic bottles/jugs; and (2) all paper fiber products, including newspapers, boxboard, magazines, mixed mail, catalogs, phone books and corrugated cardboard. Other - 4- design and operating details of the current collection, processing and public education systems are assumed within this dual stream scenario. " "Sinqle stream proposal scenario" - The potential new single stream collection and processing system as an alternate proposal scenario for purposes of this RFP. Vendors should propose under this "single stream" scenario to collect and process the residential curbside material within the form of a single stream system whereby residents will be instructed to commingle all groups of materials, 3.24 "Steel cans" Disposable containers fabricated primarily of steel or tin used for food and beverages. 4. Vendor selection process and schedule To the best of its ability, the City will use the following process and schedule for its decision-making: 1. All contact by prospective vendors and their agents about the City's RFP and procurement decision-making must only be made with the "City's designated contact person", DuWayne Konewko. Prospective vendors are encouraged to contact Mr. Konewko with questions or requests for more information. Any other unauthorized contact with other City staff, City Council members, or members of the City's Environment Committee will subject the company to disqualification from further consideration, This restriction will be in effect from the date this RFP is finalized and authorized for release by the City Council through the date of final contract award (including authorization for execution) by the City Council. 2. Questions, requests for clarification or requests for information about this RFP or process must be submitted in writing to the City's contact person by 4 p.m. June 21, 2005. All questions and requests for more information and the City's responses will be summarized in writing and forwarded to all other qualified vendors prior to June 30, 2005. 3. All proposals must be sealed and delivered to the Community Development Office at City Hall no later than 4 p.m. (CDT) July 7, 2005, to be considered eligible. Only the company names of vendors submitting proposals will be made public. All proposal documents shall be held as confidential until the City Council awards a new contract and authorizes staff to execute the new contract. 4. The City will form a proposal review committee to review and analyze the details of the qualified submitted proposals. (See "Evaluation Criteria" section of this RFP.) The committee will recommend the top three vendors, in rank order of priority, to the City Council. 5. City staff will negotiate with the top ranked vendor. If negotiations with top-ranked vendor are not successful, the City may then initiate negotiations with second ranked vendor, and so on. 6. Once a draft contract has been successfully negotiated, City staff will present its recommendations to the City Council {approximately - 5 - September 12, 2005). The City Council may then award the contract and authorize staff to execute it. 7. The new recycling contract will commence on January 1, 2006. 5. Term of contract The term of the new recycling contract will be a period of five (5) years from January 1, 2006 through December 31, 2010. 6. Annual performance review meeting to discuss recommendations for continuous improvement Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with the Contractor and the City's Environment Committee. The objectives of this annual meting will include (but not limited to): " Review Contractor's annual report, including trends in recovery rate and participation. " Efforts the Contractor has made to expand recyclable markets. " Review Contractor's performance based on feedback from residents to the Environment Committee members and/or City staff. " Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities. " Review City staff recommendations for Contractor's service improvements. " Discuss other opportunities for improvement with the remaining years under the current contract. 7. Proposals may be rejected in whole or part The City of Maplewood reserves the right to: " Reject any or all proposals; " Reject parts of proposals; " Negotiate modifications of proposals submitted; " Accept part or all of the proposals on the basis of consideration{s) other than proceeds or cost; and " Negotiate specific work elements with the preferred vendor into a contract of lesser or greater expense than described in this RFP or the respondent's reply. 8. How to submit proposals Proposal shall be submitted to the Community Development Office at City Hall no later than 4 p.m. (CDT) July 7, 2005, in a sealed envelope with the name of the proposing company on the outside and addressed as follows: Enclosed: "Recycling Services Proposal" - 6- City of Mapiewood, City Hall Community Development Office 1830 County Road BEast Maplewood, MN 55109 c/o DuWayne Konewko, Environmental Management Specialist Proposals will be treated in accordance with Mn, Statutes 13.591, Subdivision 3 (b), Data Practices Act. Five (5) written, hard copies of the proposal and all attachments shall be submitted, An electronic copy of the proposal must also be submitted on a CD disk (or suitable alternative disk format) inside the sealed envelope. The proposal file must be formatted in Microsoft WORD or a suitably compatible alternative. 9. Proposal content Qualified proposals must include at least the following elements: " Statement of vendor qualifications, including references of other municipal clients in the Twin Cities metro region receiving similar services. " List of materiais proposed to be collected (if different from the City's annual public education flyer) and a discussion and rationale for any proposed changes to the City's standard list of recyclable Items. " Proposed collection, processing and public education services for: Single family dwellings (SFD's) receiving "curbside service" Multiple family dwellings (MFD's) receiving "curbside service" or "M FD collection service" " Completed price worksheet (see Attachment B). " Statement as to any litigation in the past five years within the State of Minnesota and the current status of that litigation. 10. Dual stream proposal scenario The City's current dual stream collection and processing systems comprise the base proposal scenario for purposes of this RFP. If vendors propose under dual stream scenario, they should assume materials would be both collected and processed in a dual stream mode. Under this dual stream scenario, residents will be instructed to separate recyclables into two groups of materials: (1) all food and beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber products, including: newspapers, boxboard, magazines, mixed mail, catalogs, phone books, kraft bags and corrugated cardboard. Under this dual stream scenario, processing shall also be by the categories as collected: paper separated from containers. It is not acceptable to propose to collect materials in a dual stream mode and then process them in a single stream mode. - 7- If the City awards a new dual stream service contract under this scenario, the new Contractor shall not make any changes to either of these dual stream collection or processing systems without written approval of the City. Other design and operating details of the current collection, processing and public education systems are assumed within this dual stream scenario. Vendors may propose variations to this scenario. 11. Single stream proposal scenario Vendors may propose a new single stream collection and processing system as an alternate to the City's current dual stream system. Vendors should propose under this single stream scenario to collect and process the residential curbside material within the form of a single stream system whereby residents will be instructed to commingle all groups of recyclable materials. If vendors propose under this single stream proposal scenario, the vendor must provide an explicit description of the following collection design details: ~ Cart size and other specifications, ~ Ownership of carts (City vs. Contractor), :J Residents' material preparation and setout requirements (e.g., if corrugated cardboard is to be placed in the single stream cart, location of carts, etc.), :J Collection frequency, and ~ Any other collection system design and operational elements the City will need to fully understand the single stream proposal. 12. Price worksheet Vendors must complete a price worksheet as part of each proposal they submit (see Attachment B for worksheet). Vendors must complete at least on of the "Dual stream" or "Single stream" proposal scenario price worksheets. In addition, vendors may also complete an "Additional alternate" price worksheet if their proposed system does not fit into one of the first two scenarios. 13. Price on a dollars per ton basis The City intends to maintain its current dollars per ton service payment basis. However, the City will consider payment on a per household basis. 1~ Revenue sharing All qualified proposals shall state explicitly if the vendor elects to participate in revenue sharing with the City. If the City awards the contract to a vendor that elected to propose revenue sharing, and if the final contract negotiated includes revenue sharing, the Contractor shall, on a monthly basis, rebate an amount to the City based on a mutual agreed upon formula. The City - initiated revenue sharing outline for purposes of this RFP consists of the following formulae: - 8 - 1. A per ton payment of all paper grades collected from the City based on the published index less the proposed paper processing cost per ton, The published index used shall be the Official Board Markets (OBM) "Yellow Sheet," Chicago region for Old Newspapers (ONP) # 8, high side of range. Proposers must state on the price worksheet (Attachment B) what percent of this index will be used for the "gross revenue" and the proposed paper processing cost per ton. 2. A per ton payment of aluminum collected from the City based on the published index less the proposed aluminum processing cost per ton. The published index used shall be the American Metal Market (AMM), Aluminum (1st issue of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. Proposers must state on the price worksheet (Attachment B) what percent of this index will be used for the "gross revenue" and the proposed aluminum processing cost per ton. If a revenue sharing component is offered (i.e., greater than zero percent) for either paper or aluminum, each month the Contractor shall provide, together with the monthly rebate to the City, adequate documentation of the corresponding monthly estimate of tons of all paper grades and tons of aluminum collected from the City even in the case where the City were to receive no rebate for the month. Also, the Contractor shall provide copies of the referenced OBM market index and AMM market index with each monthly statement. The Proposers shall provide a detailed explanation of how they will calculate the tonnage estimates. Each proposal scenario must contain a percent revenue share offer for both paper and aluminum as described immediately above (see Attachment B - Price Worksheet). Proposers may offer from zero (0) percent to 100 percent revenue share. The City or the Contractor may propose other revenue sharing commodities and corresponding proposed pricing formulae, at any time during the duration of the contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to writing in the form of an amendment to the contract. 15. Vendors may team with other companies It is recognized that some prospective haulers may wish to subcontract with other companies for processing services. This is allowed as needed, but all such Contractor - subcontractor relationships must be explicitly described in each proposal scenario. The City will contract with only one primary Contractor for the recycling services. Multiple vendors may team up with other complementary hauling or recycling companies provided there is no collusion, A company many be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals. - 9- 16. RFP and proposal to become part of final contract The contents of this RFP, the successful proposai, and any written clarifications or modifications to the contents thereof submitted by the successful proposer shall become part of the contractual obligations and be incorporated by reference into the ensuing contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. 17. Evaluation Criteria The City will objectively evaluate the proposals submitted to determine the best value for the City and its residents. A comprehensive set of criteria will be used to quantify the merits of each proposal package, including (but not limited to): ~ Strength of qualifications of the vendor (together with any proposed subcontractor, if any), especially related to the particular needs of the City of Maplewood. Qualifications will include (but not be limited to) the proven capacities of the vendor (and any subcontractor) to meet the operational requirements of the City. ~ Comments from the Vendor's reference clients. ~ Innovations proposed to increase recycling rates, " Innovations proposed to improve public education about recycling to all City residents. ~ Innovations and guarantees proposed to increase recycling service levels and quality standards at the City's multi family dwellings. ~ Relative amount of revenue sharing to the City. " The price of the recycling services. ~ Responsiveness of the Vendor to all other provisions of this RFP. These evaluation criteria are not presented in any special order. No ranking of these criteria within this RFP is intended or implied. The City also may use other that serve the City's stated intent and goals of this RFP and of the new recycling contract. GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (i.e" both curbside recycling collection and MFD recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and Multi family collection programs, 18. Missed collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11 :00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a,m. on a business day, - 10- the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 19. Severe weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those cases in which the temperature at 6:00 a.m. is minus. twenty (-20) degrees Fahrenheit or colder. If collections are so postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. ;\j (,~ 20. Collection hours and days The City requires all such collections to begin no sooner than 6 a.m. and shall be complete by 6 p.m. Furthermore, the City requires scheduled collection days to be Monday through Thursday, Scheduled collection days on Fridays are not allowed. The Contractor may request one time City authorization of exceptions to these time and day restrictions (e.g., pursuant to the "Severe Weather" provision 19 above). The Contractor must request such exception prior to the requested collection event and specify the date, time and reason for the exception. 21. Monthly complaints report Each month the Contractor shall provide the City with a list of all customer complaints, including a description of how each complaint was resolved. 22. City retains right to specify resident preparation instructions The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting and setout requirements. The City shall publish and distribute, on an annual basis, the detailed recyclables preparation instructions for its residents as part of its annual public education flyer. However, the City agrees to confer with the Contractor before the annual flyer distri bution. 23. City shall approve Contractor's public education literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions. At a minimum, this shall include: production and distribution of an annual flyer to each home; and (2) distribution of "resident education tags" to be left by curbside collectiofl crews if any non-targeted material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. - 11- 24, Weighing of loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 25. Monthly and annual reports The Contractor will submit to the City monthly reports and annual reports. At a minimum, the Contractor shall include the following information: ~ Gross amounts of materials collected, by recyclable material (in tons). ~ Net amounts of materials marketed, by recyclable material (in tons), " Amounts stored, by recyclable material, with any notes as to unusual conditions (in tons). ~ Amounts of "process residuals" disposed (in tons). " Recycling service fee (based upon contracted price per ton). ~ Revenue share credits back to the City (if any). Monthly reports shall be due to the City by the 15th day of each month. Annual reports shall be due by January 31. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City's recycling program (e.g., public education, multifamily recycling, etc.). 26. Ownership of recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor's personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer to Contractor. 27. Scavenging prohibited It is unlawful for any person other than the City's recycling Contractor or owner's independent hauler to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner's employees, owner's independent hauler's employees, or City's recycling Contractor's employees may not collect or "scavenge" through recycling in any manner that interferes with the contracted recycling services. (Note: The City is in the process of adopting a new "anti-scavenging" provision in its solid waste ordinance that will promulgate regulations to make it explicitly illegal to scavenge recyclables.) - 12 - 28. Cleanup of spillage or blowing litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 29. Recyclable materials required to be transported to markets; Disposal prohibited Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. 30. Processing facilities must be specified The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The proposals must clearly specify the location(s) of its recyclables processing facility (or subcontractor's facility) where material collected from the City will be delivered and / or processed. The Contractor shall provide written notice to the City at least 60 days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 31. Estimating materials composition as collected The Contractor shall conduct at least one materials composition analysis of the City's recyclables each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route{s) used for sampling. The Contractor shall provide the City with a copy of each such 32. Estimating process residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. - 13- 33. Lack of adequate market demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in this written contract amendment to cease collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 34. Performance monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this RFP and in the contract. Substandard performance as determined by the City will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after being notified by the City, the City will initiate the contract termination procedures. 35. Liquidated damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations: 1. Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 2. Failure to collect properly notified missed collections - $250 per incident. 3. Failure to provide monthly and annual reports - $160 per incident. 4. Failure to complete the collections within the specified timeframes - $100 per incident. 5. Failure to clean up from spills during collection operations - $250 per incident. 6. Failure to report on changes in location of recyclables processing operations - $250 per incident. 7. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclables - $100 per incident. 8. Exceeding any maximum process residuals rate that may be negotiated as part of a final contract agreement - $1,000 per exceedence. - 14- 9. Failure to receive City written approval of changes to the "dual stream" collection and processing systems prior to implementing any such change - $5,000. 10. Failure to conduct annual composition analysis - $100 per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. CURBSIDE COllECTION REQUIREMENTS The following collection requirement are for curbside recycling services only and do not pertain to multi-family household type of collection services. ~ 36. Point of collection All curbside collection service will occur at the curbside (i.e., no alley collections of residential recyclables are allowed for residents with curbside collection service). 37. Curbside collection schedule deadline If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the City's contract-designated contact person cannot be reached, the Contractor will request the City Manager. The City assumes that all residents receiving curbside collection service will be collected once every two weeks as per the current system. Vendors may wish to consider weekly collection as a variation. If vendors propose weekly collection, this must be stated clearly in the proposal and the proposed price implications must be explicit. 38. Procedure for handling non-targeted materials If Contractor determines that a resident has set out non-targeted materials, the driver shall use the following procedure: 1. Contractor shall leave the non-targeted materials in the resident's curbside recycling bin and leave an "education tag" indicating acceptable materials and the proper method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City within the monthly report. If this procedure for handling non-targeted materials is not feasible for automated or semi-automated collection syste'ms, the vendor must so specify and explain alternative public education systems to maintain and improve quality of recyclables set out by City residents. - 15- MULTI FAMILY DWELLING (MFD) COLLECTION REQUIREMENTS The following collection requirement are for MFD recycling services only and do not pertain to curbside collection services. 39. MFD building owners may elect to subscribe to recycling service under the City's contract MFD building owners will be able to use the City's recycling Contractor to provide the recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling Contractor to provide the recycling services at the owner's expense. 40. MFD collection stations MFD recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will Iikeiy be a cluster of recycling carts and/or recycling dumpsters (e,g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 41. MFD container location(s) MFD Recycling containers shall be placed in a location{s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic and shall comply with the City's zoning and other ordinances. 42. MFD service standards At a minimum, MFD recyclables collection services shall be available on the premises and shall be provided on a regularly scheduled basis of at least twice a month. The collection schedule and recycling containers' capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 43. MFD recycling container requirements The recycling containers shall be: 1. Sufficient in number and size to meet the demands for recycling services created by the occupants. 2. Equipped with hinged lids. 3. Equipped with standardized labels identifying the type of recyclable material to be deposited in each container. 4. Maintained in proper operating condition and reasonably clean and sanitary . 5, Repaired or replaced on a reasonable schedule if stolen or broken. - 16- 44. Responsibility for providing and maintaining recycling containers If the MFD building owner uses the City's Contractor, adequate MFD recycling containers shall be provided and maintained by the City's Contractor. 45. Public education information for MFD tenants At least once per year, the City's recycling Contractor shall supply the MFD building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). 46. Other public education tools to MFD residents Vendors are encouraged to specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners. 47. Annual report to MFD building owners The City's Contractor shall provide an annual report by January 31 of each year to the MFD building owners served by the City's contractor. A copy of each report to the MFD building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1. Name of owner, building manager and contact information (mailing address, phone numbers, e-mail, etc,) 2. Street address of each MFD served. 3. Number of dwelling units for each MFD. 4. Description of collection services made available to occupants, including number of MFD recycling stations, number of MFD recycling containers, location of stations and dates of collection. 5. Description of public education tools used to inform occupants of availability of services. 6. Tonnage estimates for each type of material recycled. 7. Recommendations for future improvements (e.g., specific public education tools). INSURANCE AND OTHER LEGAL REQUIREMENTS 48. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess., Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor and its sub-contractors shall secure and maintain the following insurance: - 17 - 48.1 Workers Compensation insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee, 48.2 Commercial General Liability insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 products - completed operations $1,000,000 personal and advertising injury, $1,000,000 each occurrence $500,000 fire damage and $50,000 medical expense anyone person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. 48.3 Commercial Automobile Liability insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. 48.4 Professional Liability Insurance or Errors & Omissions Insurance Professional Liability Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or omissions of the Contractor or its sub-contractors and 2) the negligence or failure to render a professional service by the Contractor or its sub-contractors. The insurance policy should provide coverage in the amount of $1,000,000 each occurrence and $1,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after completion of the work. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty- (30) date written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its subcontractors, if sub-contracting is allowable under this contact, to comply with these provisions. 48.5 Environmental Liability Insurance Vendor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this recycling services agreement. Vendor shall add the Vendee as an additional insured under said insurance policy(s). The policy coverage shall include Environmental Impairment Liability. Vendor shall provide Vendee with appropriate documentation of said environmental liability insurance for verification upon written request from Vendee. Vendor further indemnifies Vendee, its employees, agents and - 18 - licensees from all liability related to hazardous contamination/pollution resulting from the acts of Vendee, its employees or argents. 49. Transfer of interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. 50. Non-Assignability and Bankruptcy The parties hereby agree that Vendor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from Vendee. In the event, Vendee its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 51. Dispute resolution and arbitration procedures The parties agree that any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled, at the option of the Vendee by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. 52. Performance bond The contract shall specify requirements for a performance bond in the case of the Contractor's failure to perform contracted services. The performance bond shall be for a minimum of $150,000. 53. General compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. Once negotiations begin, the City will provide draft contract language to the preferred vendor to address other standard legal requirements. (Note: These requirements may include, but not be limited to: specification for performance bond, prevailing wage; anti-trust, arbitration, human rights, City administrative ordinance; etc.) - 19 - 54. Independent contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub- contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 55. Hold harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 56. Accounting standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 57. Retention of records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of three years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 58. Data practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, - 20- and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 59. Inspection of records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 60. Applicable law The laws of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor, 61. Contract termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after 60 days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materiais prior to the termination. 62. Employee working conditions and respondent's safety procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. - 21 - ATTACHMENT A - BACKGROUND INFORMATION The City of Maplewood has had a curbside recycling program for over fifteen years. The City's current recycling contract requires single family and multi-family complexes to be serviced on an every other week basis. Multi-family complexes may require additional pick-ups as needed. The current contract with the existing Contractor expires on December 31, 2005. The City currently employs a dual stream curbside recycling program, The City supplies recycling containers to single family households. The Contractor supplies recycling containers to multi-family complexes. Recycling pick-ups are scheduled by specific routes every other Monday thru Thursday (see Attachment C for specific routes and 2005 schedule). The City's ordinance prohibits the Contractor from providing service on Fridays. The City is divided Into four service areas which correspond to each of the four days recycling is provided. Each of these service areas are further sub-divided into two districts with service occurring every other week. Multi-family complexes are also serviced on this schedule when serviced by the City's recycling Contractor. The City is currently being billed $96.37 per ton of recyclables collected. The total tons for 2002,2003, and 2004 are 2,050, 2,359, and 2,331 respectively. These figures do not include an additional 250 to 530 tons of recyclables picked up at multi-unit complexes by vendors not under contract by the City (the City does not reimburse the vendors who service these accounts). The City of Maplewood has approximately 11,385 single family dwellings (SFD's) that are served by curbside recycling using curbside bins. There are approximately 4,500 multi- family dwelling (MFD) units with an additional 500 units planned for completion by the end of 2006. The current population of Maplewood is approximately 37,000 people. Table 1 itemizes the reported tonnage by material for 2004. Currently the City contracts for curbside recycling (e.g., single family households) and most of theMFD apartments units. A number of independent haulers serve other MFD units. The "Total" column listed below does not include the independent haulers' tonnages. Also the percent of total shown for 2004 is for tonnage under City contract only. Assumotions to be used for orooosals and evaluations: The City shall use following assumptions for purposes of evaluating all proposals on the same basis: " Annual recyclable tonnage collected under the City contract = 2,400 tons per year " Annual recyclable tonnage collected from City residents not under the City contract (e.g., MFD recyclables collected by independent haulers) = 500 tons per year " Single family dwellings and other households that receive "curbside service" using curbside bins= 11,400 housing units " Multifamily dwelling buildings that will receive MFD type of service (e,g., carts) = 5,000 housing units - 22- II !ill ~ IU Ill! n !l1IIIi n I n!l :: - - - - - - - - --.- .. . . . I . ~ II . . , :. : I J I I ' .. .',., ~ "~'II~UI: . ATTACHMENT B - PRICE WORKSHEET Instructions for MaDlewood RFP Drice worksheet All proposers must fill out at least one of the "Dual stream" or "Single stream" proposal scenario price worksheets. In addition, proposers also may complete the optional "Additional alternate proposal scenario" worksheet. Proposers may submit multiple scenarios. Vendors may fill in the attached form or use their own in similar formats. However, the contents in the attached price worksheet must be included if alternative formats are submitted. If the vendor proposes under the dual stream scenario, the City will assume a collection service design similar to the current system. If the vendor proposes under the "Single stream" or any "Additional alternate" proposal scenarios, the proposal text must explicitly describe the collection service design (e.g., resident materials sorting / preparation requirements, collection frequency, cart size, cart ownership, etc.) The proposed price per ton charge to the City for all recycling services must be completed for each proposal scenario. The basic revenue share formula outline within this RFP can be summarized as a portion of the vendor's materials sales revenue from sale of paper grades and aluminum, less processing costs for these commodities. Alternative revenue sharing formula may be proposed. The City has a stated preference for using the specified published indexes as a means to simplify the accounting of proposed revenue share. Vendors can indicate from zero (a) to 100 percent revenue share for percent of published price index. Thus, vendors can opt out of the revenue share component by simply inserting zero (0) percent for both the paper and aluminum revenue share lines for each scenario proposed. Alternate revenue sharing formula can be proposed, but these must be clear with examples for each alternate formula. Also, vendors proposing alternate revenue sharing formula must justify how the monitoring and accounting of the alternate formula will be at least as simple as the basic revenue share formula contained within this RFP. The City will use the assumed tonnage and material splits in Table 1 for calculating the net revenue share back to the City from all proposers. It is important to note that the City does not guarantee any minimum tonnage or any specific material splits. These are estimates only for purposes of this RFP and comparing the value of any revenue sharing proposals. Under each proposed scenario, proposers must provide the frequency of collection services for that particular scenario. - 24- ATTACHMENT B PRICE WORKSHEET (Continued) Company name: Contact person: Title: Phone: Address: E-mail: Note: Proposers must complete at least one of the "Dual stream" or "Single stream" worksheets below. A. "Dual stream" proposal scenario: Proposed price per ton to the City per ton of total for all recycling services $ recyclables Revenue share proposal: percent of published Paper "gross" revenue share percentage % paper price index per ton of all paper Less paper processing cost per ton $ grades percent of published Aluminum "gross" revenue share percentage % aluminum price index Less aluminum processing cost per ton $ per ton of aluminum B. "Single stream" proposal scenario: Proposed price per ton to the City per ton of total for all recycling services $ recyclables Revenue share proposal: percent of published Paper "gross" revenue share percentage % paper price index per ton of all paper Less paper processing cost per ton $ grades percent of published Aluminum "gross" revenue share percentage % aluminum price index Less aluminum processing cost per ton $ per ton of aluminum (Continued) - 25- ATTACHMENT B PRICE WORKSHEET (Continued) Note: In addition to at least one of the previous worksheets, proposers may also submit an "Additional alternate" worksheet below. Proposers must provide adequate descriptions of any such additional alternate proposal (e.g., collection, processing and public education systems designs). C. "Additional alternate" proposal scenario: Short scenario title: Proposed price per ton to the City per ton of total for all recycling services $ recyclables Revenue share proposal: percent of published Paper "gross" revenue share percentage % paper price index per ton of all paper Less paper processing cost per ton $ grades percent of published Aluminum "gross" revenue share percentage % aluminum price index Less aluminum processing cost per ton $ per ton of aluminum - 26- ATTACHMENT C - CITY'S 2005 PUBLIC EDUCATION FLYER, ROUTE CALENDAR AND MAPS Community Development 2005 MAPLEWOOD CURBSIDE RECYCLING Materials to Recvcle -Paper Newspaper Junk Mail Envelopes Magazines (bundle or put in paper bags) Corrugated cardboard (cut to 2' x 2') Glossy Paper Box Board -Glass Bottles and Jars (Clear, Brown, Green) .Metal All beverage cans All food cans .Plastic Bottles Liquor bottles, milk bottles Soft drink bottles and soap bottles (No caps or rings) #1 Plastic #2 Plastic with seams and neck Materials that Cannot be Recvcled Building materials Plastic bags Windowpane glass Glass dishes Paper milk con1ainers Coated boxes How to Prepare Materials Paper & Corrugated Put newspaper, non-glossy paper and envelopes in paper grocery bags or cardboard boxes tha1 can be put into truck and recycled. Corrugated must be bundled and tied no larger than 20 pounds. -Metal - Cans & Plastic Bottles Rinse and place in recycling bin. -Glass Remove lids and metal rings and rinse. Place unbroken glass in recycling bin. NOTE: CANS, BOTTLES AND PLASTIC CAN NOW BE PUT IN ONE CONTAINER TOGETHER - THEY ARE SORTED OUT A T THE RECYCLING CENTER. QUESTIONS? Please contact Maplewood Community Development Department at 651-249-2300 MISSED PICKUP Call Onyx Services at 651-459-3029 WHERE TO PLACE RECYCLABLES Recyclables will be picked up at 1he curb every other week on the same day as your normal refuse collection. Materials must be on the curb by 6:30 a.m. Followind a holiday, pickup will be one dav la1e for the rest of the week. (Continued) - 27 - ATTACHMENT C 2005 ROUTE CALENDAR AND MAPS (Continued) Maplewood Curbside Recycling To find your recycling pickup schedule: 1. Locate your refuse pickup day. 2. Look at the map associated with your day and determine your district. 3. The dates under your district are your recycling pickup dates DISTRICT 2 Jan 3,17,31 Feb 14,28 March 14,28 April 11,25 May 9,23 June 6,20 July *5,18 August 1, 15,29 Sept 12,26 Oct 10,24 Nov 7,21 Dec 5,19 MONDAY 2005 DISTRICT 1 Jan 10,24 Feb 7,21 March 7,21 April 4,18 May 2,16,*31 June 13,27 July 11 ,25 August 8,22 Sep1 *6,19 Oct 3,17,31 Nov 14,28 Dec 12,26 36 Districf1 Pil1reSiilenoes.oonh.o1FrosrA'ie NrJf"fh St.PClU! FrostA\e ,I umUu' S ~ f.blloway - *date shown is one day late for holiday lilrperi'OOurlWe ~ ~ ,., ~ ~ District 1 PillresldenoE:snonh 6n;94 R;nnseyCI). ---- ------------.---~_.__._-.--.--.---~--VUrr;,hlricit;;n-c,).- ---- (Continued) - 28- DistUd2 }>. Pill resi dences south of FroSt or.lb 1loW ay ~ rpenteur TUESDAY 2005 DISTRICT 1 DISTRICT 2 Jan 11,25 Jan 4,18 Feb 8,22 Feb 1,15 March 8,22 March 1,15,29 April 5,19 April 12,26 May 3,17 May 10,24 June *1,14,28 June 7,21 July 12,26 July *6,19 August 9,23 August 2,16,30 Sept *7,20 Sept 13,27 Oct 4,18 Oct 11,25 Nov 1, 15,29 Nov 8,22 Dec 13,27 Dec 6,20 *date shown is one day late for holiday ATTACMENT C 2005 ROUTE CALENDAR AND MAPS (Continued) WEDNESDAY 2005 DISTRICT 1 DISTRICT 2 Jan 12,26 Jan 5,19 Feb 9,23 Feb 2,16 March 9,23 March 2,16,30 April 6,20 April 13,27 May 4,18 May 11,25 June *2,15,29 June 8,22 July 13,27 July *7,20 August 10,24 August 3,17,31 Sept *8,21 Sept 14,28 Oct 5,19 Oct 12,26 Nov 2,16,30 Nov 9,23 Dec 14,28 Dec 7,21 *date shown is one day late for holiday larpenteurPole ("" h ""6' '- fJ -District'1 iIIlresidences r.'Orth 'of Roselin;,.r. ~ . " 1 . ~ Rosel<lwo -, .. ..- --- .., .., --- -. ... .., -.. ... .., ... .-. Dl2 "lstnct> : AU re'sjdenoe,ssou;:h ofRoselaw~ larpenteurAie - 29- ljlJ:l~ C<lr.adil! ! ! ! ! j ! i ! i i. " !~ I" :* I~ ,.. !~ i I I ! N)M!,St.F'''IO! DIstricf2 : :ffi :Alfresidenceseastof : ~ \flhlte' Bear:Ammue : <7:> ~Ir!!gj~~b~'it~st()f_ \fI.tiroaB&.:IrAi<t.nue J 36 THURSDAY 2005 DISTRICT 1 DISTRiCT 2 Jan 13,27 Jan 6,20 Feb 10,24 Feb 3,17 March 10,24 March 3,17,31 April 7,21 April 14,28 May 5,19 May 12,26 June *3,16,30 June 9,23 July 14,28 July *8,21 August 11,25 August 4,18 Sept *9,22 Sept 1,15,29 Oct 6,20 Oct 13,27 Nov 3,17 Nov 10:25 Dec 1,15,29 Dec 8,22 *date shown is one day late for holiday Attachment 4 Benefits and Challenges of Single-Stream Recycling Collection Benefits: . Increased participation by residents because no sorting is required. . Wheeled carts are convenient for residents, making it easier to place materials on the curb for collection. . Increased participation by small businesses and multi-family apartment buildings. In areas where space is limited, the wheeled carts used for single-stream collection require less space than several dumpsters. . Increased amount of recyclable materials collected. . Less litter on windy days. . Reduced collection costs for the hauler. The fully automated system results in faster collection times. Also, many single-stream collection routes are on an every-other- week schedule instead of weekly, resulting in cost savings to the hauler. . Reduced worker injury and workers' compensation costs for the hauler. Challenges . Increased monthly cost to homeowner or municipality. Typically, single-stream recycling collection costs are higher than dual-stream collection. . Higher capital costs for automated collection vehicles purchased by the hauler. . Higher capital costs for lidded, wheeled carts. (May be purchased by the hauler or the municipality.) . Increased costs for processing commingled material. . Increased contamination levels, which can have a negative impact on the marketability of materials sent to end-user/manufacturers. . More difficult to educate residents about what should or should not be placed out for recycling. Typically the driver does not get out of 1he vehicle when picking up single-stream recycling carts; an automated arm is used to empty the cart into the truck. It is less likely the driver will notice any unacceptable materials placed in the cart, so residents are not made aware of improper recycling setouts. . Some manufacturers claim the quality of recovered materials is poor. Contaminants reduce operating efficiencies. Many times new equipment must be purchased or upgrades made to address contaminated feedstocks. An often cited example is broken glass in bales of newspaper; the glass causes significant problems for paper mills. . Once a single-stream program is implemented, it would be very difficult to go back to a dual-stream or source separated system. Benefits and Challenges of Dual-Stream Recycling Collection Benefits: . Lower monthly cost to homeowner or municipality. Typically, dual-stream collection programs cost less than single-stream programs. (While the collection costs are higher for the hauler, the processing costs are lower because the material is cleaner, resulting in lower overall costs.) . Typically capital costs for collection vehicles are lower because there is less automation compared to fully-automated trucks used for single-stream collection. . Lower capital costs for curbside bins, which are typically purchased by the municipality . . Lower costs for processing recyclable materials that are already separated into fiber and container streams. . Lower contamination levels, which can have a positive impact on the marketability of materials sent to end-user/manufacturers. . Easier to educate residents about what should or should not be placed out for recycling. When the driver gets out of the vehicle and manually places the materials into the divided sections of the truck, he or she is more likely to notice any unacceptable material and can then leave the item(s) behind with a reminder notice of how to properly prepare materials for recycling collection. Challenges . May result in decreased participation by residents because fiber and containers must be sorted into two categories (less convenient than single-stream). . Some residents may have difficulty carrying the 18-gallon bin to the curb for collection, especially if the bin contains a lot of newspaper and glass which are heavier than plastic, aluminum and tin cans. . Can result in litter on windy days. . Collection costs for the hauler may be higher due to the length of time it takes to complete a route because the driver must exit the cab of the collection vehicle at every stop. In addition, many dual-stream routes are on a weekly schedule, compared to single-stream which tends to be every-other-week (due to the capacity of the bins versus carts). . Increased worker injury and workers' compensation costs for the hauler because collection is manual, not automated. Attachment 5 City of Maplewood, Minnesota Request for Proposals (RFP) for Comprehensive Re ing Services DRAFT ternal Use Only) 16,2010 City of Maple wood Community Development & Parks Department Environmental & Natural Resources Division City Hall 1830 County Road BEast Maplewood, MN 55109 Table of Contents 1. Introduction............................................................................................................. 1 1.1 Statement ofIntent and City Goals........................................................................ 1 1.2 Background........ ..... ..... ................ .... ................................................ ... ... ....... ... ...... I 2. Definitions................................................................................................................ 2 3. Vendor Selection Process and Schedule................................................................ 5 3.1 Notification of Intent ............................................................................................. 5 3.2 Questions ............................................................................ ............................ 6 3.3 Contact Restriction ....................................................... ..................................6 3.4 Proposals Held ConfidentiaL............................... ...............................6 3.5 Review Committee ................................................ ................ ........................6 3.6 Negotiations ....... .......... ... ... ... ... ........... ,......................................... ...... ...... ...... 6 3.7 Award of Contract ............................................................................... ..............6 3.8 New Contract ........ ............. ... ... ,...,................................................................ ... ...... 6 4. Term of Contract .................................................................................................... 6 5. Annual Performance Review Meeting .................................................................. 7 6. Proposals May be Rejected in Whole or Part ...................................................... 7 7. How to Submit Proposals ....................................................................................... 7 8. Proposal Content..................................................................................................... 8 9. Dual-Stream Proposal Scenario.............................................................................8 10. Single-Stream Proposal Scenario .......................................................................... 9 11. Price Worksheet ...................................................................................................... 9 12. Price on a Dollar per Household Basis.................................................................. 9 13. Revenue Sharing ..................................................................................................... 9 14. Processing Fees ...................................................................................................... 11 15. Vendors May Team with Other Companies....................................................... 11 16. RFP and Proposal to Become Part of Final Contract .......................................11 17. Evaluation Criteria ............................................................................................... 11 18. General Requirements for All Collections.......................................................... 12 18.1 Missed Collections ............................................:.................................................12 18.2 Severe Weather ... ............. .......................... .......................................................... 12 18.3 Collection Hours and Days..................................................................................12 18.4 Monthly Complaints Report................................................................................ 12 18.5 City Retains Right to SpecifY Resident Preparation Instructions........................ 12 -i- 18.6 City Shall Approve Contractor's Resident Education Tags ................................13 18.7 Weighing of Loads ..,...............................................,...........................................13 18.8 MontWy and Annual Reports .............................................................................. 13 18.9 Ownership of Recyclable Materials .................................................................... 13 18.10 Scavenging Prohibited................... '" ,................ ..................... .................... ...... 13 18.11 Cleanup of Spillage or Blowing Litter ............................................................. 14 18.12 Transportation and DisposaI...................................................................,......... 14 18.13 Pollution Reduction.......... ................................... ...... ......... ....... ....................... 14 18.14 MRFs Must be Specified..................................................................................14 18.15 Es1imating Materials Composition as Collected.............................................. 14 18.16 Estimating Process Residuals........................ ..............................................15 18.17 Lack of Adequate Market Demand ........ ................................................... 15 18.18 Performance Monitoring .................. .....................................15 18.19 Liquidated Damages............,.................. ...........................................15 19. Curbside Collection Requirements ..................................................................... 16 19.1 Point of Collection.................................................. ..................................... 16 19.2 Curbside Collection Schedule Deadline .............................................................. 16 19.3 Procedure for H.~~jI!J!=Non-Targeted Materials................................................ 16 20. Multi-Family Dwelling MFD) Collection Requirements ................................. 17 20.1 MFD Buil Elect to Subscribe to Recycling Service Other Than the City's Contract.. ............................................................... 17 20.2 MFD Collection s ..................................................................................... 17 20.3 MFD Container Loca ........................,....................................................... 17 20.4 MFD Service Standards..........................................,............................................ 17 20.5 MPD Recycling Con1ainer Requirements ........................................................... 17 20.6 Responsibility for Providing and Maintaining Recycling Containers................. 17 20.7 Public Education Information for MFD Tenants................................................. 18 20.8 Other Public Education Tools to MFD Building Owners ................................... 18 20.9 Annual Report to MFD Building Owners ........................................................... 18 21. Insurance and Other Legal Requirements ......,.................................................. 18 21.1 Insurance.. .................... .......... .... .................. ............ ......... ,.......................... ........ 18 Workers Compensation Insurance ........... .......... ............. ..... ..................................... ..... 18 Commercial General Liability Insurance ......................................................................19 Commercial Automobile Liability Insurance ................................................................19 -ii- Professional Liability Insurance or Errors & Omissions Insurance .............................. 19 Environmental Liability Insurance ................................................................................ 19 21.2 Transfer of Interest ...................................................................,..........................20 21.3 Non-Assignability and Bankruptcy ..................................................................... 20 21.4 Dispute Resolution and Arbitration Procedures .................................................. 20 21.5 Performance Bond ..................,.............................................,.............................. 20 21.6 General Compliance ....................................................................,................,......20 21.7 Independent Contractor .......................................................................................20 21.8 Hold Harmless .....................................,...............................................................21 21.9 Accounting Standards.. ... ..................... ... ,.. ,......................... ........... .......... ........... 21 21.10 Retention of Records ,................................... ' ............................................... 21 21.11 Data Practices.......................................... ................................................... 21 21.12 Inspection of Records....................... ..................................... 22 21.13 Applicable Law ...................................... ........................................... 22 21.14 Contract Termination .................................... ............................................ 22 21.15 Employee Working Conditions and Contractor Attachment A: Map of Maplewood's Weekly Recycling Schedule Attachment B: Maplewood Recycling Tonnage Estimates Attachment C: Price Worksheet Attachment D: Contractor's Annual Re5xcling Public Education Flyer -iii- 1. Introduction The following sections describe the City of Maplewood's intent, background, general information, and decision process about this request for proposals (RFP). 1.1 Statement oflntent and City Goals This RFP defines the service standards, specifications and proposal requirements of the comprehensive recycling program for the City of Maplewood, Minnesota (City). The City seeks to enter into a new recycling contract with a company that has the resources and ability to provide residential recyclable materials collection services for the entire City. It is the intent of the City to accept and evaluate pro s for comprehensive recycling services including collection, process' keting and pubic education. The goals of the City are to: 1.) Maximize the fulles1 recovery possible 0 recyclab residents in the City (from both single-family and multI and to achieve the most cost-effective solution; and 2.) Improve public education of all City residents about recycling services so as to improve participation and recovery rates. The City encourages propo . The requirements within explicitly describe the change, "dual-stream proposal" scenario and processing recycling metho proposal" scenario. Additional alt alterations and price implications ar multiple scenarios. Each scenario pro dors to submit their best proposal possible. be altered by vendors if proposals . e implications. For example, the urrent dual-stream collection ndors ay propose a "single-stream proposal scenarios may be proposed if licitly described. Vendors may propose d must have a distinct, associated price. 1.2 lewood has had a curbside recycling program for over twenty current recycling contract requires single-family homes to be y basis and multi family dwellings (MFD) buildings to be .ce per month. MFDs may require additional pick-ups as current contract with the existing service provider expires on The City tly employs a dual-stream recycling program for the collection of fiber and co tainers. The fiber products accepted in the City's recycling program include old newspaper (ONP), magazines, mixed mail, phone books, office paper, old corrugated cardboard (OCC), and boxboard. Containers accepted in the program include steel and aluminum cans, foil and trays; glass bottles and jars; plastic bottles with a neck labeled #1 or #2; and gable top milk cartons and aseptic packaging (i.e., juice boxes). These materials are described in more detail in Section 2, "Definitions." The City supplies 14-gallon recycling bins to single- family households for curbside collection. The contractor supplies recycling containers to MFD buildings. -1- Under its current contract, the City is billed $2.10 per household for both single- family curbside collection service and MFD collection service. The 2010 population of Maplewood (as estimated by the Met Council) is approximately 37,500. The City has approximately 11,679 single-family dwellings (SFDs) that are served by curbside recycling collection. There are approximately 4,152 multi-family dwelling (MFD) units. Recycling collection is scheduled by specific routes every Monday through Friday. The City is divided into five service areas which correspond to each of the five days recycling is provided. A 2010 map of the City's scheduled recycling collection days can be found in Attachment A. The City requires that these collection days remain the same under the new contract. 2. Definitions 2.2 City's Designated Contact Person The City has designated DuWayne Konewko, Director, as the City's sole point of contac eventually the Contractor. unity & Parks Development prospective vendors and 2.1 Aluminum Cans Disposable containers fabricated primar' soda, beer, 'juice, water or other bevera 2.3 City-Designated RecycIables Includes the fo bottles & jar . office pape containers; described in Att Flyer". cyclable materials: aluminum cans; steel cans; glass s; milk cartons & juice boxes; newspapers; household oard; magazines/catalogs/phone books; we1 strength as defined herein this RFP and further tor's Annual Recycling Public Education 2.4 Collection The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when i1 is delivered to a recycling facility. 2.5 Contractor The City's recycling service contractor under the new contract beginning operation on January 1,2011. 2.6 Contractor's Annual Recycling Public Educlltion Flyer The City requires 1he Con1ractor to publish and distribute an annual public education flyer that contains the following recycling information for City residents: . Annual calendar and map of curbside recycling districts for "single-family dwellings"; - 2- . List of materials to be included for recycling; . List of materials excluded that cannot be recycled in the City's program; and . How to prepare materials. (See Attachment D, "Contractor's Annual Recycling Public Education Flyer"). 2.7 Curbside Recycling Bins Uniform curbside recycling bins (e.g., red, 14-gallon plastic recycling "tubs") supplied by the City in which recyclable materials can be stored and later placed for curbside collection, as specified by the City. Also pertains to bins, boxes, bags or other containers used by residents to separate their recyclable materials. (The bins are available at no cost to City residents.) The recycling containers remain the property of the City. 2.8 Curbside Recycling Service The recycling collection service specifie recycling bins. Some multi-family d servIce. in this RFP utilizing curbside may receive curbside recycling 2.9 Glass Bottles and Jars Unbroken bottles and jars, and containers (lids primarily used for packing and bottling of food an d pumps removed) that are rages. 2.10 Market Demand The economic a make new pro ical capacity of markets to use recyclable material to 2.11 arges) for recycling of specified materials e not limited to: end-markets, intermediate processors, material reclaimers. 2.1 Faci (MRF) 'n which recyclable materials are processed. The facility will licable rules, regulations and laws of state, local or other 2.13 Milk Ca & Juice .Boxes Gable top milk cartons, juice boxes and aseptic packaging used for soup, broth, soy milk, etc. 2.14 Multi-Family Dwellings (MFD) A building or a portion thereof containing five or more dwelling units. 2.15 MFD Recycling Containers Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of - 3- designated recyclables from residents in MFDs prior to collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 2.16 MFD Recycling Service Recycling service provided to MFD recycling containers (e.g., carts) and use MFD recycling stations. 2.17 MFD Recycling Stations The location of MFD recycling containers designated by the recycling contractor with agreement of the MFD building owner. MFD recyc' stations will likely be a cluster of recycling carts and/or recycling dumpster 2.18 Non-Targeted Materials Non-recyclable materials that are not included e Ci cycling program. Examples of typical non-targeted items include (but are not Ii to): pumps on plastic bottles, ceramic material in glass streams, pizza carto corrugated cardboard streams, etc. 2.19 Old Corrngated Cardboard Cardboard material with do between walls. Does not incl construction and corrugated separation wax or other coated cardboard. 2.20 Paper Newspapers with inserts; hou corrugated cardboard; magazine containers (e.g., soda cases). No storage in refrigerators or freezers are and mail; boxboard; old ogs/phone books; and wet strength oard containers used for food product uded. 2.21 Plastic Bottles haped with a neck, rinsed and with lids, caps, rings and pumps ble plastic bottles shall be identified on the bottom with the SPI T) and #2 (HDPE) including bottles containing: liquor; milk; ater; certain foods; soap and cosmetics. 2.22 Pro The no unt of material that can not be economically recycled due to material c. cteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process Residuals include subcategories of process residuals including but not limited to bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g., materials cleaned from screens, etc.). "Process residuals" does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low- value because of depressed market demand conditions. -4- 2.23 Processing The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to a MRF for transportation or marketing purposes. 2.24 Proposal Scenarios There are two different recycling collection/processing systems identified by the City for purposes of this RFP, defmed as a base and an alternate: . Base Proposal: Dual-Stream Scenario - The proposal scenario assuming the City's current dual-stream collection and processing system for purposes of this RFP. Dual-stream service includes collection and processing the residential curbside and MFD material within the form of a dual-stream system whereby residents will continue to be instructed to separate recyclables into two groups of materials: (I) all food and beverage containers, including glass, metal, plastic bottles/jugs and milk ons & juice boxes; and (2) all paper fiber products, including news , boxboard, magazines, mixed mail, catalogs, phone books, wet-str boxes and corrugated cardboard. Other design and operating detail e curr ollection, processing and public education systems are assume ual-stream scenario. . Alternate Proposal: Single-Stream 0 - Vendors may propose an alternate scenario of a single-stream c . on and processing system whereby residents will be instructed to co e all groups of recyclable materials. For purposes ohhis RFP this is an alt proposal scenario. 2.25 Single-Family Dwelling (SFD) A building con four dwelling units. 2.26 Steel Cans Disposable beverages. . arily of steel or tin used for food and 3. Vendor Selection To the best of its ability, th its decision-making: s and Schedule City will use the following process and schedule for 3.1 Notification ofIntent Prospective Contractors interested in responding to this RFP shall notify the City in writing (e-mail acceptable) of their interest. Notifications of intent should be sent to: Mr. DuWayne Konewko Community & Parks Development Director City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Fax: (651) 249-2319 E-mail: duwavne.konewko@ci.maplewood.mn.us - 5- Notifications shall include the vendor's name, contact person's title, address, number, and e-mail address. Notification of intent must be made by 3.2 Questions Questions, requests for clarification or requests for information about this RFP or must be submitted in writing to the City's contact person by 4 p.m. All questions and requests for more information and the City's responses will be summarized in writing and forwarded to all other qualified vendors prior to 3.3 Contact Restriction Any unauthorized contact with City staff, City Council Members, or members of the City's Environmental & Natural Resources Commission will subject the company to disqualification from further consi ation. This restriction will be in effect from the date this RFP is finalized thorized for release by the City Council through the date of final contr ward (including authorization for execution) by the City Council. 3.4 Proposals Held Confidential Only the company names of vendors submitt All proposal documents shall be held as confiden I a new contract and authorizes staff to execute the ne posals will be made public. til the City Council awards tract. 3.5 Review Committee The City will form a proposal review committee, to review and analyze the details of the qualified submitted proposals. (See Section 17, "Evaluation Criteria" of this RFP.) The committee will be a subset of the Environmental & Natural Resources Commission and will include up to three members. The committee will n~commend the top three vendors, in rank order of priority, to the City tiate with the top ranked vendor. If negotiations with top- ot successful, the City may then initiate negotiations with or, and so on. 3.6 3.7 Award 0 tract Once a draft contract has been successfully negotiated, City staff will present its recommendations to the City Council (approximately August 9, 2010). The City Council may then award the contract and authorize staffto execute it. 3.8 New Contract The new recycling contract will commence on January 1,2011. 4. Term of Contract The term of the new recycling contract will be a period of five (5) years from January I, 2011 through December 31, 2015. The City may negotiate contract - 6- provisions for up to three, one-year extensions for years 2016, 2017 and 2018, at the City's sole discretion. 5. Annual Performance Review Meeting Upon receipt of the Contractors annual report (see Section 18.8 of this RFP), the City shall schedule an annual meeting with the Contractor and the City's Environmental & Natural Resources Commission. The objectives of this annual meeting will include, but not be limited to, the following: . Review Contractor's annual report, including trends in recovery rate and participation. . Review efforts the Contractor has made to materials. . Review Contractor's performance based on Environmental & Natural Resources Commis . Review Contractor's recommendations for improveme recycling program, including enhanced public educatio opportunities. m residents to the d/or City staff. the City's d other . Review City staff recommendations for Contractor's service improvements. . Discuss other opportuni . . provement with the remaining years left under the current contract. 6. Proposals May be Rejecte The City of Maplewood reserves t . Reject any or all proposals; . Reject parts of proposals; . Ne . ate modifications of proposals submitted; rail of the proposals on the basis of consideration(s) other than t; and c work elements with a respondent into a contract of lesser or han described in this RFP or the respondent's reply. 7. Proposals Proposal be submitted to the Community & Parks Development Office at City Hall no later than 4 p.m. (CDT) mtrti~:~Q,:g();1:(), in a sealed envelope with the name of the proposing company on the outside and addressed as follows: Enclosed: "Recycling Services Proposal" City of Maplewood, City Hall Community & Parks Development Office 1830 County Road BEast Maplewood, MN 55109 c/o DuWayne Konewko Community & Parks Development Director -7- Proposals will be treated in accordance with MN Statutes 13.591, Subdivision 3 (b), Data Practices Act. Five (5) written, hard copies of the proposal and all attachments shall be submitted. An electronic copy of the proposal must also be submitted on a CD disk (or suitable alternative disk format) inside of the sealed envelope. The proposal file must be formatted in Microsoft WORD or a suitably compatible alternative. 8. Proposal Content Qualified proposals must include at least the following elements: . Statement of vendor qualifications, including references of other municipal clients in the Twin Cities metro region recei ing similar services. . List of materials proposed to be collecte ifferent from the materials listed in Attachment D, the Contractor's ecycling Public Education Flyer) and a discussion and rationale for a posed ges to the City's standard list of recyclable items. . Proposed collection, processing and publi . Single-family dwellings (SFDs) receivin bside service;" and/or . Multiple family dwellings (MFDs) receiving rbside service" or "MFD collection service." . Completed . Stateme Minneso sheet (see Attachment C). tion in the past five years within the State of t status of that litigation. 9. Dual-Stream The City's current d eam collection and processing systems comprise the base proposal scenario oses of this RFP. If vendors propose under the dual-stream scenario, they hould assume materials would be both collected and processed in a dual-stream mode. Under this dual-stream scenario, residents will be instructed to separate recyclables into two groups of materials: (I) all food and beverage containers, including: glass, metal, milk cartons, juice boxes, and plastic bottles; and (2) all paper fiber products, including: newspapers, boxboard, magazines, mixed mail, catalogs, phone books, kraft bags and corrugated cardboard. Under this dual-stream scenario, processing shall also be by the categories as collected: paper separated from containers. It is not acceptable to propose to collect materials in a dual-stream mode and then process them in a single-stream mode. . If the City awards a new dual-stream service contract under this scenario, the new Contractor shall not make any changes to either of these dual-stream collection or processing systems without written approval of the City. Other education systems are assumed within this dual-stream scenario. Vendors may propose variations to this scenario. - 8- 10. Single-Stream Proposal Scenario Vendors may propose a single-stream collection and processing system as an alternate to the City's current dual-stream system. Vendors should propose under this single-stream scenario to collect and process the residential curbside material within the form of a single-stream system whereby residents will be instructed to commingle all groups of recyclable materials. If vendors propose under this single-stream proposal scenario, the vendor must provide an explicit description of the following collection design details: . Cart size and other specifications; . Ownership of carts (City vs. Contractor); . Residents' material preparation and setout requirements (e.g., if corrugated cardboard is to be placed in the single-stream cart, location of carts, etc.); . Collection frequency; and . Any other collection system design and need to fully understand the single-st 12. Price on a Dollar per Houseli The City intends to maintain its c basis. of each proposal they submit plete one or both proposal Ie-stream." In addition, erna proposal scenario price ne of the first two scenarios. 11. Price Worksheet Vendors must complete a pric (see Attachment C for work scenario price worksheets: ' vendors may also complete a worksheet if their proposed syste Basis dollars per household service payment 13. aring osals shall state explicitly if the vendor elects to participate in 'th the City. If the City awards the contract to a vendor that evenue sharing, and if the fmal contract negotiated includes Contractor shall, on a monthly basis, rebate an amount to the ally agreed upon formula. of the revenue sharing formulae include: . Publish industry end market "index" ($ per ton based on specified commodity grades); . Proposed percent revenue share (%) by commodity; . Proposed processing fee ($ per ton) by commodity; and . Estimated commodity tonnage volumes (tons per month). The basic revenue share formula outline within this RFP can be summarized as a portion (%) ofthe vendor's materials sales revenue from sale of paper grades and aluminum, less processing costs for these commodities. -9- The City-initiated revenue sharing outline for purposes of this RFP consists of the following formulae: 1.) Paper. A per ton payment of all paper grades collected from the City based on the published index less the proposed paper processing cost per ton. The published index used shall be the Official Board Markets (OBM) "Yellow Sheet," first week of the month, Chicago region for Old Newspapers (ONP) #8, high-side of range. Proposers must state on the price worksheet (Attachment C) what percent of this index will be used for the "gross revenue" and the proposed paper processing cost per ton. 2.) Aluminum. A per ton payment of aluminum c based on the published index less the proposed a per ton. The published index used shall be (AMM), Aluminum (1st issue of the mont prices: scrap metals, domestic alumin odu processed used aluminum cans in carload ots, f.o.b. beverage can scrap. Proposers must state on the (Attachment C) what percent of this index will be used revenue" and the proposed aluminum processing cost per ton. If a revenue sharing component is offered (i.e., greater than zero percent) for either paper or aluminum, eac nth the Contractor shall provide, together with the monthly rebate to the te documentation of the corresponding montWy estimate of tons of al d tons of aluminum collected from the City even in the case the Ci 0 rebate for the month. Also, the Contractor shall provide co e ced OBM market index and AMM market index with each m statement. Proposers shall provide a detailed explanation of how they wil ulate the tonnage estimates. At no time shall the City's total net re e share be less than zero ($0). In other words, the City shall not pay the Contractor for a "negative" revenue share. If ther' "egative" revenue share, the City shall only pay processing costs for d. The City understands that net revenues may equal zero at markets; however, the City shall not pay any costs above and osts. cted from the City m processing cost erican Metal Market ide nonferrous scrap buying prices for ing point, used e worksheet e "gross i :,! rio must contain a percent revenue share offer for both paper described immediately above (see Attachment C - Price osers may offer from zero (0) percent to 100 percent revenue The vendors may propose other revenue sharing commodities and corresponding pricing formulae in their proposal, and the City or the Contractor may propose other revenue sharing commodities and corresponding pricing formulae at any time during the duration of the contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced in writing in the form of an amendment to the contract. -10 - 14. Processing Fees Processing fees will be calculated by multiplying the tons of all paper materials (defined in Section 2.20) and the tons of aluminum collected by the processing fees proposed in Attachment C. Processing fees will not be applied to residual materials. 15. Vendors May Team with Other Companies It is recognized that some prospective haulers may wish to sub-contract with other companies for processing services. This is allowed as needed, but all such Contractor-sub-contractor relationships must be explicitly described in each proposal scenario. The City will contract with only one primary Contractor for the recycling services. Multiple vendors may team up with other complementary hauling or recycling companies provided there is no collusion. A pany may be listed as a part of more than one team as long as this compan its a written certification that no collusion occurred between competing p also 16. RFP and Proposal to Become Par The contents of this RFP, the successful prop d any written clarifications or modifications to the contents thereof submitte e successful proposer shall become part of the contractual obligations and be orated by reference into the ensuing contract. If any provision of the con t is in conflict with the referenced RFP or proposal, the contract shall take precedent. 17. Evaluation The City w. aluate the proposals submitted to determine the best value for the '. A comprehensive set of criteria will be used to quantify the package, including (but not limited to): . Strength of qu of the vendor (together with any proposed sub- contractor, if any), cially related to the particular needs of the City of Maplewood. Qualific ons will include, but not be limited to, the proven capacities of the vendor (and any sub-contractor) to meet the operational requirements of the City. . Comments from the vendor's reference clients. . Innovations proposed to increase recycling rates. . Innovations proposed to improve public education related to recycling to all City residents. . hmovations and guarantees proposed to in<?rease recycling service levels and quality standards at the City's multi family dwellings. . Relative amount of revenue sharing to the City. . The per household per month price of the recycling services. . Responsiveness of the vendor to all other provisions of this RFP. -11 - These evaluation criteria are not presented in any special order. No ranking of these criteria within this RFP is intended or implied. The City also may use other criteria that serve the City's stated intent and goals of this RFP and of the new recycling contract. 18. General Requirements for All Collections The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and MFD recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and MFD collection programs. 18.1 Missed Collections The Contractor shall have a duty to pick up missed recycling collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before II :00 a.m. on a business day. With respect to all notices of a missed collection received after II :00 a.m. on a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 18.2 Severe Weather The Contractor may postpon sole discretion of the Contract limited to, those cases in which degrees Fahrenheit or colder. If notify the City. Upon postponem upon between the Contractor and the collections due to severe weather at the ther" shall include, but shall not be '00 a.m. is minus twenty (-20) s are s ostponed, the Contractor shall collection will be made on a day agreed 18.3 Collection Hours and Days The' uires all such collections to begin no sooner than 7 a.m. and shall be .m. Monday through Friday. The Contractor may request City ceptions to these time restrictions (e.g., pursuant to the "Severe 19 above). The Contractor must request such exception prior lection event and specify the date, time and reason for the 18.4 ints Report Each mo e Contractor shall provide the City with a list of all customer complaints, including a description of how each complaint was resolved. 18.5 City Retains Right to Specify Resident Preparation Instructions & Review Contractor's Public Education Literature The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting and setout requirements. The Contractor shall publish and distribute (via mail or hand deliver), on an annual basis, the detailed recyclables preparation instructions for the City's residents (both SFDs and MFDs) as part of an annual recycling public education flyer (see definition in Section 2.6). The Contractor must confer with the City before the annual flyer distribution and shall - 12- submit a draft of any public education literature for approval by the City, at least one (I) month before printing and release of any such literature. 18.6 City Shall Approve Contractor's Resident Education Tags The Contractor shall produce "resident education tags" to be left by curbside collection crews if any non-targeted material is rejected and left at the curb. The Contractor shall submit a draft of the tags for approval by the City, at least one (I) month before printing. 18.7 Weighing of Loads Contractor will keep accurate records consisting of an ap the date, time, collection route, driver's name, vehicle weight, net weight, and number of recycling sto Collection vehicles will be weighed after comple . the day, whichever occurs first. A copy of each ght tic and made available for inspection upon request by the City. d weight slip with r, tare weight, gross ach loaded vehicle. ute or at the end of all be kept on file 18.8 Monthly and Annual Reports The Contractor will submit to the City monthly reports and annual reports. At a minimum, the Contractor shall include the following information: . Gross amounts of materi ted, by recyclable material (in tons). . Net amounts of materials clable material (in tons). 18.9 cIable Materials recyclable materials shall remain with the person placing them til Contractor's personnel physically touches them for collection, at which trme the ownership of the recyclable materials shall transfer to Contractor. . Amounts stored, by recyclab conditions (in tons). . Amounts of "process residuals" sed (in tons). . Recycling service fee (based upon tracted price per household). . Revenue share credits back to the City (if any). shall be due to the City by the 15th day of each month. Annual e by January 31. The Contractor will be encouraged to include recommendations for continuous improvement in the City's .g., public education, MFD recycling, etc.). notes as to unusual 18.10 Scavenging Prohibited It is unlawful for any person other than the City's recycling Contractor to collect, remove, or dispose of designated recyclable materials after the materials have been placed or deposited for collection in the recycling containers. The City's recycling Contractor's employees may not collect or "scavenge" through recycling in any manner that interferes with the contracted recycling services. - 13- 18.11 Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclable materials shall be transported in a covered vehicle so that the recyclable materials do not drop or blow onto any public street or private property during transport. 18.12 Transportation and Disposal Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the designated recyclables to a MRF, an end market for sale or reuse, or to an intermediate collection center for later delivery to a MRF or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. . A description of its current use oflow-s gas and its current use of particulate filter . A timetable for converting its fleet to using al . ve fuels and installing air pollution reduction technology, and/or . A list of other quantitative steps it has taken to reduce air pollution. reducing air pollution from s proposal: 18.13 Pollution Reduction Contractor shall demonstrate a comm collection vehicles. Contractor shall su 18.14 MRFs Must b The Contra the City that adequate recyclable material processing capacity wil it material collected. The proposals must clearly specify the loc 'es processing facility (or sub-contractor's facility) where collected from the City will be delivered and/or processed. The Cont shall provide written notice to the City at least 60 days in advance of any ch in these or subsequent plans for receiving and processing recyclable mate als collected from the City. 18.15 Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City's recyclable materials each year to estimate the relative amount, by weight, of each recyclable commodity by grade. The results of this analysis shall include: (I) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City'route(s) used for sampling. The Contractor shall provide the City with a copy of the analysis each year of the contract. -14- 18.16 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any changes to the processing facilities used by the Contractor. 18.17 Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of tha icular recyclable material, the City and the Contractor will both agree in g that it is no longer appropriate to collect such item before collection The Contractor shall pay the costs of all disposal of any item collected ed not recyclable by the Contractor and the City due to lack of adeq arket d. The City and Contractor shall specify a date in a written contract amendmen ease collection of the recyclable item in question. The Contractor shall at all be under a duty to minimize the quantity of recyclable materials disposed landfill, incinerator or other facility receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor dispose of the recyclable materials at a facility specified in writing by the C rnative agreed upon by the City and the Contractor. 18.18 Performance Monitoring The City will monitor the perfo ce of the Contractor against goals and performance standards required wit . s RFP and in the contract. Substandard performance as determined by the Ci ill constitute non-compliance. If action to correct such substandard performanc is not taken by the Contractor within 60 days a r being notified by the City, the City will initiate the contract termination p agree, in addition to any other remedies available to the City, old payment from the Contractor in the amounts specified ted damages for failure of the Contractor to fulfill its obligations: I. Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 2. Failure to collect properly notified missed collections - $250 per incident. 3. Failure to provide monthly and annual reports - $100 per incident. 4. Failure to complete the collections within the specified timeframes without proper notice to the City - $100 per incident. 5. Failure to clean up from spills during collection operations - $250 per incident. 18. - 15- 6. Failure to report on changes in location of recyclable materials processing operations - $250 per incident. 7. Failure to provide written description of the means to estimate relative amount of process residuals derived from the City's recyclables - $100 per incident. 8. Exceeding any maximum process residuals rate that may be negotiated as part of a final contract - $1,000 per exceedence. 9. Failure to receive City written approval of changes to the collection and processing systems prior to implementing any such change - $5,000. 10. Failure to conduct annual composition analysis - $100 p These amounts will be for liquidated damages for losse not penalties. 19. Curbside Collection Requirements The following collection requirements are for curbside recy and do not pertain to multi-family household type of collection se 19.1 Point of Collection All curbside collection service will occur at the curbside (i.e., no alley collections of residential recyclables wed for residents with curbside collection service). 19.2 Curbside Collection Schedule If the Contractor determines that tion 0 ecyclable materials will not be completed by 7:00 p.m. on the s led collection day, the Contractor shall notify the City by 4:30 p.m. that e day and request an extension of the collection hours. The Contractor shal rm the City of the areas not completed, the reason for non-completion and the xpected time of completion. If the City's contr ignated contact person cannot be reached, the Contractor will request r. 19. dling Non-Targeted Materials ermines that a resident has set out non-targeted materials, the ollowing procedure: 1. I leave the non-targeted materials in the resident's curbside recyc and leave an "education tag" indicating acceptable materials and the prop r method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City in the monthly report. If this procedure for handling non-targeted materials is not feasible for automated or semi-automated collection systems, the vendor must so specify and explain alternative public education systems to maintain and improve quality of recyclable materials set out by City residents. -16 - 20. Multi-Family Dwelling (MFD) Collection Requirements The following collection requirements are for MFD recycling services only and do not pertain to curbside collection services. 20.1 MFD Building Owners May Elect to Subscribe to Recycling Service Other Than the City's Contract MFD building owners are able to use the City's recycling Contractor to provide recycling services or they may independently contract with another licensed recycling contractor to provide the recycling services at the owner's expense. 20.2 MFD Collection Stations MFD recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters. The number and location of MFD recycling stations shall be adequate to be reas ly convenient and accessible to all MFD residents. 20.3 MFD Container Location(s) MFD recycling containers shall be place which permits access for collection p pedestrian or vehicular traffic and shall compl ordinances. 20.4 MFD Service Standards At a minimum, ecyclables collection services shall be available on the premises and . ded on a regularly scheduled basis of at least twice per month. Th, dule and recycling containers' capacity shall provide for regular c clables such that there is adequate storage capacity available in the void overflowing containers. 20.5 MFD Recycling Co The recycling containers I. Sufficient in number and size to meet the demands for recycling services created by the occupants. 2. Equipped with hinged lids. 3. Equipped with standardized labels identifying the type of recyclable material to be deposited in each container. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable sched~le if stolen or broken. 20.6' Responsibility for Providing and Maintaining Recycling Containers If the MFD building owner uses the City's Contractor, adequate MFD recycling containers shall be provided and maintained by the City's Contractor. -17 - 20.7 Public Education Information for MFD Tenants At least once per year, for each MFD building they service, the City's recycling Contractor shall supply the MFD building owner with the sufficient number of recycling fact sheets with instructions for the tenants in the building( s). 20.8 Other Public Education Tools to MFD Building Owners Vendors are encouraged to specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners. 20.9 Annual Report to MFD Building Owners The City's Contractor shall provide an annual report by the MFD building owners served by the City's Cont to the MFD building owners shall also be submi . contain, at a minimum, the following information. 1. Name of owner and building manager and contact informatl address, phone numbers, e-mail address, etc.). 2. Street address of each MFD served. 3. Number of dwelling units for each MFD. 4. Description of collection de available to occupants, including number ofMFD recycling r ofMFD recycling containers, location of stations and date 5. Description of public educatio of services. 6. Tonnage estimates for each type 0 7. Recommendations for future impro to aterial recycled. ments (e.g., specific public education 21. Other Legal Requirements 21.1 by the Contractor shall be issued by insurance companies e City and admitted in Minnesota. The insurance specified may be in a poh or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor and its sub-contractors shall secure and maintain the following insurance: Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B - Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. - 18- Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense anyone person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance shall include up to $10,000 expenses to extract pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the poll nts is caused by or results from a covered cause ofloss. Commercial Automobile Liability Insurance Commercial Automobile Liability ins owned and hired automobiles with lim s of at accident. This insurance shall include a cause of loss w of fuels and lubricants used in the vehicle for its operation. all owned, non- $1,000,000 per here is a spill Professional Liability Insurance or Errors & Omissions Insurance Professional Liability Insurance or Errors & Omissions msurance providing coverage . e claims that arise from the errors or omissions of the Cont b-contractors and 2) the negligence or failure to render a pr by the Contractor or its sub- contractors. The insuran vide coverage in the amount of $1,000,000 each occu d $1,0 0,000 annual aggregate. The insurance policy must prov e protection stated for two years after completion of the work. Acceptance of the insurance by e City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City- approved Insurance Certificate. A thirty (30)-day written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this contact, to comply with these provisions. Environmental Liability Insurance The Contractor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this recycling services agreement. Contractor shall add the City as an additional insured under said insurance policy(s). The policy coverage shall include Environmental Impairment Liability. Contractor shall provide the City with appropriate documentation of said environmental liability insurance for verification upon written request -19 - from the City. The Contractor further indemnifies the City, its employees, agents and licensees from all liability related to hazardous contamination/pollution resulting from the acts of the Contractor, its employees or agents. 21.2 Transfer ofInterest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not sub-contract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or sub-contract shall be grounds for immediate contract termination. 21.3 Non-Assignability and Bankruptcy The parties hereby agree that the Contractor all have no right to assign or transfer its rights and obligations under sai ment without written approval from the City. In the event, the Contr , its successors or assigns files for Bankruptcy as provided by federal I 's agr ent shall be immediately deemed null and void relieving all partie e' act rights and obligations. 21.4 Dispute Resolution and Arbitration Proced The parties agree that any controversy or claim . g out of or relating to the agreement or the breach thereof, shall be settled, e option of the City by arbitration in accordance with the Rules of the American Association of Arbitration and jud ent upon the award by the Arbitrator(s) may be entered in any court with' thereof. 21.5 Performan The contract s Contractor's fail be for a minimum 0 for a performance bond in the case of the cted services. The performance bond shall 21.6 General Compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this contract. Once negotiations begin, the City will provide draft contract language to the preferred vendor to address other standard legal requirements. (Note: These requirements may include, but not be limited to: specification for performance bond, prevailing wage; anti-trust, arbitration, human rights, City administrative ordinance; etc.). 21.7 Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of - 20- any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 21.8 Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, dam , costs, judgments, and expenses, including attorney's fees, resulting directl directly from an act or omission of the Contractor, its employees, its a r employees of sub- contractors, in the performance of the services p this contract or by reason of the failure of the Contractor to fully p , i respect, any of its obligations under this contract. If a Contractor is a self-in agency of the State of Minnesota, the terms and conditions of Minnesota Sta .732 et seq. shall apply with respect to liability bonding, insurance and liabi!J . its. The provisions of Minnesota Statutes Chapter 466 shall apply to ot er political subdivisions of the State of Minnesota. 21.9 Accounting Standards The Contractor agrees to m enforce sufficient internal cont practices to properly account for cessary source documentation and enerally accepted accounting der this contract. 21.10 Retention of Records The Contractor shall retain all reco ertinent to expenditures incurred under this contract for a period of three year after the resolution of all audit findings. Records for non-expendable property acquired with funds under this contract shall b three years after final disposition of such property. s to comply with the Minnesota Government Data Practices pplicable state and federal laws relating to data privacy or e Contractor must immediately report to the City any requests for information relating to this Agreement. The City agrees to promptly nd to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees hafmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 21. - 21- 21.12 Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 21.13 Applicable Law The laws of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence corporation of the Contractor. 21.14 Contract Termination The City may cancel the Contract if the Contra fails t III its obligations under the Contract in a proper and timely manner, or otherwis ates the terms of the Contract if the default has not been cured after 60 days notice has been provided. The City shall pay Contractor all compensation earn rior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, su aps, models, photographs, reports or other materials prepared by the Co er this agreement shall, at the option of the City, become the property the Contractor shall be entitled to receive just and equitable comp 'sfactory work completed on such documents or erials prio ntractor's Safety Procedures . g conditions and safety procedures are Ie federal, state and local laws and rves 19ht to inspect on a random basis all trucks, 'ng conditions, training manuals, records of claims for afety violations and standard operating procedures 21.15 Employee The Contrac in place to regulations. The equipment, facilities, Worker's Compensatio documents. - 22- Agenda Item 6.c. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Flood Plain Ordinance February 17, 2010 for the February 24 ENR Meeting INTRODUCTION The Federal Emergency Management Agency (FEMA) completed a Flood Insurance Study of Ramsey County in 2009 which updates the county's flood maps. The new maps will become effective June 4, 2010. Hard copies of the flood maps will be available to the city in April 2010. The Department of Natural Resources (DNR) has made electronic versions of the maps available on their ftp site at ftp:l/ftp.dnr.state.mn.us/pub/waters/floodplain/Countv data/Ramsey. The FEMA study also included new federal flood plain regulations. The DNR has notified the city that we must update our flood plain ordinance to meet the new federal regulations by the date the flood plain maps become effective, which is June 4, 2010. If the city does not amend our ordinance to reflect the new regulations by the deadline, the city will be suspended from the National Flood Insurance Program. To aid in the ordinance amendment update, the DNR has supplied the city with a sample flood plain ordinance and has highlighted the areas of the ordinance the city would need to include in our existing ordinance. Maplewood's existing flood plain ordinance was adopted in 1991 and was also designed to reflect a sample ordinance from the DNR at that time. The city's engineering staff have reviewed the DNR's sample floodplain ordinance and concluded that the city should amend our ordinance with the language as proposed. RECOMMENDATION Review the city's existing flood plain ordinance (Attachment 1) and the DNR's sample flood plain ordinance with the new FEMA regulation text highlighted (Attachment 2) and offer comments on the requirements or additional changes needed to the flood plain ordinance. Attachments: 1. City of Maplewood 1991 Flood Plain Ordinance 2. Department of Natural Resources Sample Flood Plain Ordinance with New FEMA Regulation Text Highlighted A101~(h \ JOBNAME: No Job Name PAGE: 715 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrstJpubdocs/mcc/3/11217 jull ZONING ~ 44-1195 limited to harmonious design of buildings; planting and the maintenance of a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation. (Code 1982, ~ 36-485) Sees. 44-1166-44-1190. Reserved. ARTICLE VIII. FLOODPLAIN OVERLAY DISTRICT Sec. 44-1191. Authorization. The state legislature has, in Minn. Stats. chs. 103F and 463, delegated the authority to local governmental units to adopt regnlations designed to lessen flood losses. Minn. Stats. ch. 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted this article. (Code 1982, ~ 36-496(a)) Sec. 44-1192. Purpose. The purpose of this article is to lessen potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of commerce and governmental services, extraordinary public payments for flood protection and relief, and impairment of the tax base. Within the meaning of the National Flood Insurance Program, all of these adversely affect the public health, safety and general welfare. (Code 1982, ~ 36-496(b)) Sec. 44-1193. Liability. This article does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or damages. This article shall not create liability on the part of the city or any officer or employee thereoffor any flood damages that result from reliance on this article or any administrative decisions lawfully made under this article. (Code 1982, ~ 36-496(c)) Sec. 44-1194. Adoption of flood insurance rate map. The city hereby adopts the flood insurance rate map for the city, dated Augnst 5, 1986, developed by the Federal Emergency Management Agency. The city adopts this map by reference as the official floodplain zoning district map an~ makes it a part of this article. (Code 1982, ~ 36-497(a)) Sec. 44-1195. Applicability. This article shall apply to all lands designated as floodplain within the city. (Code 1982, ~ 36-497(b)) CD44:113 JOBNAME: No Job Name PAGE: 716 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/l1217 _full ~ 44-1196 MAPLEWOOD CODE Sec. 44-1196. Interpretation. The director of community development shall determine the boundaries of the floodplain district by scaling distances on the official floodplain zoning district map. Where there is a need for interpretation about the exact location of the boundaries ofthe floodplain district, the director of community development shall make the necessary interpretation. The director shall make this interpretation based on the elevations of the regional (lOO-year) flood profile, if available. If IOO-year flood elevations are not available, the city shall: (1) Require a floodplain evaluation consistent with section 44-l201(a) to determine a lOO-year flood elevation for the site; or (2) Base its decision on available hydrauliclhydrologic or site evaluation survey data. (Code 1982, ~ 36-497(c)) Sec. 44-1197. Definitions. Unless specifically defined in this section, the words or phrases used in this article have the same meaning as they have in common usage. A person shall interpret these words or phrases to give this article its most reasonable application. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Basement means any area of a structure, including crawl spaces, having its floor or base subgrade below ground level on all four sides. This is regardless of the depth of excavation below ground level. Director means the director of community development. Flood fringe means that portion of the floodplain outside the floodway. Floodplain means the channel or beds proper and the areas adjoining a wetland, water- course or lake which a regional flood may have or could cover. Floodplain areas within the city shall include all areas shown as zone A on the flood insurance rate map. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which the regional flood reasonably requires to carry or store the regional flood discharge. Obstruction means any dam, wall, wharl, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lakebed or regulatory floodplain which may impede, retard or change the direction of flow in itself or by catching or collecting debris carried by floodwater. CD44:114 JOBNAME: No Job Name PAGE: 717 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /firstJpubdocs/mcc/3/J 1217 jull ZONING ~ 44-1200 Regional flood means a flood which represents the large floods known to have occurred in the state. Such a flood is characteristic of what one can expect to occur on an average of every 100 years. The term "regional flood" is synonymous with the term "base flood" used in the flood insurance rate map. Regulatory flood protection elevation means the elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities. This includes but is not limited to buildings, factories, sheds, detached garages, cabins, manufactured homes or travel trailers/vehicles not meeting the exemption criteria specified in section 44-1209(a)(1) and other similar items. (Code 1982, ~ 36-497(d)) Sec. 44-1198. Overlay zoning. A floodplain zoning district shall be considered an overlay zoning district to all existing land use regnlations of the city. The city may allow the uses permitted in sections 44-1200, 44-1201 and 44-1202 only if they are allowed by the underlying zoning district. This article shall apply in addition to other city regnlations and where this article imposes greater restrictions. (Code 1982, ~ 36-498(a)) Sec. 44-1199. Compliance. No person shall use a new structure or land without full compliance with this article. No person may locate, extend, convert or structurally alter a structure without full compliance with this article. Within the floodway and flood fringe, the city prohibits all uses not listed as permitted uses in sections 44-1200 and 44-1201. In addition, the following shall apply: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this article and specifically sections 44-1200, 44-1201 and 44-1209. (2) The sections of this article regnlate changes, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of struc- tures or land. (3) As stated in section 44-1204, a person shall use ground surveys to certifY as-built elevations for elevated structures. (Code 1982, ~ 36-498(b)) Sec. 44-1200. Permitted uses and standards. (a) Permitted uses. The following uses ofland are permitted uses in the floodplain district: (1) Any nonstructuralland use which does not obstruct flood flows, such as gardens, fill, excavation, or storage of materials or equipment. CD44:115 JOBNAME: No Job Name PAGE: 718 SESS: 2 OUTPUT: Tne Apr 812:31:10 2003 /first/pnbdocs/mcc/3/l1217 jull g 44-1200 MAPLEWOOD CODE (2) The following activities if they are entirely within the flood fringe: a. The construction of new structures. b. The placement or replacement of manufactured homes. c. Additions to existing structures or obstructions, such as fIll or storage of materials or equipment. The uses in subsections (a)(I) and (2) ofthis section shall be subject to the development standards in subsection (b) of this section. They are also subject to the floodplain evaluation criteria in section 44-1201. (3) Travel trailers and travel vehicles as regulated under section 44-1209. (b) Standards for floodplain permitted uses. Standards for floodplain permitted uses shall be as follows: (1) A person shall compact fill and protect the slopes from erosion by the appropriate methods. Such methods include the use of containment dikes or levees, riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. The Federal Emergency Management Agency's requirements have specific fIll compaction and side slope protection standards for multistructure or multilot developments. A person should investigate these standards before starting site preparation if a person wishes to request a change of the special flood hazard area designation. (2) Storage of materials and equipment shall be in accordance with the following: a. The city prohibits the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially harmful to human, animal, or plant life. b. The city may allow the storage of other materials or equipment if readily removable from the area within the time available after a flood warning or if placed on fIll at or above the regulatory flood protection elevation. (3) The city shall not permit uses or activities which will adversely affect the capacity of the channels or floodways of any tributary to the main stream or of any drainage ditch or any other drainage facility or system. (4) No person shall construct a structure, including accessory structures, additions to existing structures and manufactured homes on fIll unless the basement floor or first floor, if there is no basement, is at or above the r~gulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation. The finished fill shall extend at such elevation at least 15 feet beyond the limits ofthe structure constructed thereon. (5) All uses. The city shall not permit uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to CD44:116 JOBNAME: No Job Name PAGE: 719 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrstlpubdocs/mcc/3/11217 _full ZONING ~ 44-1201 lands outside the floodplain. The city may permit such uses if the city council grants a variance. In gTanting a variance, the council shall specify limitations on the period of use or occupancy ofthe use. The city council must also determine that adequate flood waming time and local emergency response and recovery procedures exist before granting such a variance. (6) Comri1ercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots, may be at elevations lower than the regulatory flood protection elevation. However, the city shall not grant a permit for such facilities for use by the employees or the public without a flood warning system that provides adequate time for evacuation if the regional flood would inundate the area to a depth greater than two feet or subject to the area to flood velocities greater than four feet per second. (7) On-site sewage treatment and water supply systems. Where the city has not provided public utilities, the owner shall conform with following conditions: a. A person shall desigu on-site water supply systems to lessen or eliminate infiltration of floodwaters into the systems; and b. A person shall desigu new or replacement on-site sewage treatment systems to lessen or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Such systems shall not be subject to impair- ment or contamination during times offlooding. The city shall determine that any sewage treatment system desigued according to the state's standards to be in compliance with this section. (8) The owner of a manufactured home must securely anchor it to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring code requirements for resisting wind forces. (Code 1982, ~ 36-499(a), (b)) Sec. 44-1201. Floodplain evaluation. (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the director shall require the applicant to furnish plans and hydrologiclhydraulic analysis by a qualified engineer or hydrologist specifYing the nature of the development. This analysis shall also show whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. The city engineer or hydrologist shall follow procedures consistent with Minnesota Rules 1983 parts 6120.5600 (Technical Standards and Requirements for Floodplain Evalua- tion) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances). These procedures are to be used during the technical evaluation and review of the development proposal. CD44:117 JOBNAME: No Job Name PAGE: 720 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /firstlpubdocs/mcc/3/11217 jull ~ 44-1201 MAPLEWOOD CODE (b) The director shall submit one copy of all information required by subsection (a) ofthis section to the department of natural resources' area hydrologist. This is for DNR review and comment. The director shall submit this information at least 20 days before the city grants a permit or manufactured home park development/subdivision approval. The director shall notifY the department of natural resources area hydrologist within ten days after the city grants a permit or approves manufactured home park development/subdivision. (Code 1982, ~ 36-499(c)) Sec. 44-1202. Utilities and transportation facilities. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed according to state floodplain management standards contained in Minnesota Rules 1983 parts 6120.5000-6120.6200. (Code 1982, ~ 36-500) Sec. 44-1203. Subdivisions and manufactured homes. (a) No person shall subdivide land or develop or expand a manufactured home park where the city council has determined the site to be unsuitable. The city council shall make the determination of unsuitability based on flooding or inadequate drainage, water supply or sewage treatment facilities. The city council shall review the subdivision/development pro- posal. This review is to ensure that each lot or parcel contains enough area outside the floodway for fill placement for elevating structures, sewage systems and related activities. (b) In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in section 44-1201(a). The director shall review the proposed subdivision or manu- factured home park development according to the standards established in this article. (c) The applicant for a snbdivision in the floodplain shall clearly label the floodway and flood fringe boundaries on all required application documents and drawings. The applicant shall also show the regulatory flood protection elevation and the required elevation of all access roads and streets on all required application drawings and docnments. (d) Removal of special flood hazard area desiguation. The Federal Emergency Management Agency has established criteria for removing the special flood hazard area desiguation for certain structures properly elevated on fill above the 100-year flood elevation. The Federal Emergency Management Agency's requirements include specific fill compaction and side slope protection standards for multistructure or multilot developments. A person should investigate these standards if he is requesting a change to the special flood hazard area before the initiation of site preparation. (Code 1982, ~ 36-501) Sec. 44-1204. Administration. (a) Permit required. A person shall secure a permit issued by the city before doing any ofthe following: (1) The construction, addition, or alteration of any building or structure; CD44:118 JOBNAME: No Job Name PAGE: 721 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrst/pubdocs/mcc/3/11217 _full ZONING ~ 44-1205 (2) Changing the use of a building, structure, or land; (3) Changing, extending or enlarging a nonconforming use; and (4) Excavating or placing an obstruction within the floodplain. (b) State and federal permits. Before granting a city permit or processing an application for a variance from this article, the city shall determine that the applicant has obtained all necessary state and federal permits. (c) Certification of lowest floor elevations. The city shall require the applicant to submit certification by a registered professional engineer, registered architect, or registered land surveyor about accomplishing the fmished fill and building elevations in compliance with this article. The building official shall maintain a record of the elevation of the lowest floor, including basement, for all new structures. The building official shall also maintain a record of lowest floor elevations for alterations or additions to existing structures in the floodplain district. (Code 1982, ~ 36-502) Sec; 44-1205. Variances. (a) A variance means a change to a specific permitted development standard required in an official control, including this article. This change is to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property. This is to lessen a hardship, practical difficulty or unique circumstance. (b) In granting a variance, the city council shall clearly identifY in writing the specific conditions that exist justifying the granting of the variance. (c) The city council may approve variances from this article. To do so, the city council shall make the findings required for a variance in state law. No variance shall allow a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. A permit may use a variance to change permissible methods of flood protection. (d) The director shall submit by mail to the commissioner of natural resources a copy of the application for the proposed variance. The director shall mail such notice at least ten days before the hearing. The director shall send a copy of all decisions granting a variance by mail to the commissioner of natural resources within ten days of such action. (e) Flood insurance notice and recordkeeping. The director shall let the applicant for a variance know that: (1) The issuance of a variance to construct a structure'below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. CD44:119 JOBNAME: No Job Name PAGE: 722 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/l1217 jull ~ 44-1205 MAPLEWOOD CODE The city shall maintain such notification with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance. The city shall also report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. (Code 1982, ~ 36-503) Sec. 44-1206. Nonconformities. A person may continue to use a structure or premises which was lawful before the effective date ofthe ordinance from which this article derives or amendment of this article but is not in conformity with this article. Such use is subject to the following conditions: (1) No person may expand, change, enlarge, or alter a nonconforming use in a way which increases its nonconformity. (2) An alteration within the inside dimensions of a nonconforming use or structure is permissible. This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (3) The cost of all structural alterations or additions both inside and outside a structure to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the owner has satisfied the conditions of this section. The city must calculate the cost of all structural alterations and additions to a structure since the adoption of the city's initial floodplain controls on July 28, 1986. The city must calculate these costs into current costs and include all costs such as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, the structure must meet the standards of sections 44-1200 and 44-1201 for new structures. (4) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, the owner shall not reconstruct it except in conformity with this article. The city council may issue a permit for reconstruction if the use is not in the floodway and, upon reconstruction, the owner adequately elevates it on fill in conformity with this article. (Code 1982, ~ 36-504) Sec. 44-1207. Penalties for violation. (a) A violation of this article or failure to follow any of the requirements of this article, including violations of conditions and safeguards established about the granting of variances, is a misdemeanor, and upon conviction a person shall be punished in accordance with section 1-15. CD44:120 JOBNAME: No Job Name PAGE: 723 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /firstJpubdocs/mcc/3111217 _full ZONING ~ 44-1208 (b) In responding to a violation, the city may request that the National Flood Insurance Program deny flood insurance to the guilty party. The city shall act in good faith to enforce these official controls and to correct violations when possible. (c) When an alleged violation is discovered by or shown to the director, the director shall investigate the situation. The director shall document the nature and extent of the alleged violation ofthe official control. As soon as is possible, the city will submit this information to the proper department of natural resources' and Federal Emergency Management Agency regional office. The city will also submit its plan of action to correct the violation to these agencies. (d) The director shall notifY the suspected party of the pertinent requirements ofthis article and all other official controls. The director shall also notifY the person in question about the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the director may order the construction or development immediately halted. This construction or development moratorium shall be in force until the city grants a permit or approval. If the responsible party has completed the construction or development, the director may either: (1) Issue an order identifYing the corrective actions that the responsible party must make within a specified time to bring the use or structure into compliance with the official controls; or (2) NotifY the responsible party to apply for an after-the-fact permitJdevelopment ap- proval within 30 days. (e) If the responsible party does not appropriately respond to the director of community development within the specified time, each additional day that lapses is an additional violation. The city may prosecute such violations accordingly. The director shall also, upon the lapse of the specified response time, notifY the property owner to restore the land to the condition which existed before the violation of this article. (Code 1982, ~ 36-505) Sec. 44-1208. Amendments. The city shall submit amendments to this article, including revisions to the official floodplain zoning district map, to be approved by the commissioner of natural resources before adoption. The city shall not remove the floodplain desiguation on the official floodplain zoning district map unless the owner fills the area to an elevation at or above the regulatory flood protection elevation and the area is contiguous to lands outside the floodplain. Changes in the official zoning map must meet the Federal Emergenc", Management Agency's technical conditions and criteria and must receive prior Federal Emergency Management Agency approval before adoption. The commissioner of natural resources must be given ten days' written notice of all hearings to consider an amendment to this article. This notice shall include a draft: of the amendment or technical study under consideration. (Code 1982, ~ 36-506) CD44:121 JOBNAME: No Job Name PAGE: 724 SESS: 2 OUTPUT: Tue Apr 8 ]2:3]:]02003 /frrstJpubdocs/mcc/3/11217 jull ~ 44-1209 MAPLEWOOD CODE Sec. 44-1209. Travel trailers and travel vehicles. (a) Travel trailers and travel vehicles that do not meet the exemption criteria specified in subsection (a)(l)a. of this section shall be subject to this article. Travel trailers and travel vehicles shall also be subject to the conditions listed in this section. (1) Exemption. A travel trailer or travel vehicle is exempt from this article if the owner places it in any ofthe areas listed in subsection (a)(I)b ofthis section and if it meets the following criteria: a. Has a current license required for highway use. b. Is highway ready, meaning on wheels, or has an internal jacking system and the owner has attached it to the site only by quick-disconnect-type utilities commonly used in campgrounds and trailer parks. The travel trailer/travel vehicle must also not have any permanent structural additions attached to it. c. The travel trailer or travel vehicle and associated use must be an allowed use in the underlying zoning district. (2) Areas exempted for placement of travel/recreational vehicles are the following: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium-type associations. (b) Travel trailers and travel vehicles exempted in subsection (a)(I) of this section lose this exemption when development occurs on the parcel exceeding $500.00. This is for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The city will then consider the travel trailerltravel vehicle and all additions and accessory structures as a new structure. The travel trailer/travel vehicle shall then be subject to the elevation requirements and the use ofland restrictions specified in this article. (c) New commercial travel trailer or travel vehicle parks or campgrounds and new residential-type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following conditions: (1) The city will allow any new or replacement travel trailer or travel vehicle in the floodway or flood fringe districts provided: a. The owner places the trailer or vehicle and its contents on fIll above the regulatory flood protection elevation following section 44-1201. b. Proper elevated road access to the site exists according to sections 44-1200 and 44-1201. No fill placed in the floodway to meet the requirements ofthis section shall increase the flood stages of the regional flood. CD44:122 JOBNAME: No Job Name PAGE: 725 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/11217 _full ZONING S 44-1238 (2) As an alternative, the city may allow all new or replacement travel trailers or travel vehicles not meeting the criteria of subsection (c)(I) of this section, if such placement is according to the following: a. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. A registered engineer or other qualified individual shall prepare the plan. Such plan shall show that adequate time and personnel exist to carry out the evacuation. b. All attendant sewer and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so while flooded they are not impaired or contaminated. The installation of such facilities shall follow the rules in section 44-1200(b)(7). (Code 1982, S 36-507) Sees. 44-1210-44-1235. Reserved. ARTICLE IX. SHORELAND OVERLAY DISTRICT Sec. 44-1236. Authorization. State statutes and regulations authorize this article. The specific sources are Minn. Stats. ch. 105, division of waters, soils and minerals; Minnesota Regulations, parts 6120.2500- 6120.3900; and Minn. Stats. ch. 462, the planning and zoning enabling legislation. (Code 1982, S 36-561(a)) Sec. 44-1237. Purpose and objectives. The purpose of this article is to provide specific regulations to protect the city's shorelands. It is in the public's best interest to provide for the wise subdivision, use and development of shorelands. To accomplish this purpose, the objectives of this article are to: (1) Protect, preserve and enhance the quality of surface waters. (2) Protect the natural environment and visual appeal of shorelands. (3) Protect the general health, safety and welfare of city residents. (Code 1982, S 36-561(b)) Sec. 44-1238. Definitions. The following words, terms and phrases, when used in ihis article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Average lot area means the average of the lot areas within a single development. All lots must be divided together to be included in the average lot area. For a single lot, the minimum allowable area shall be no less than the average lot area reqnirement. CD44:123 @ ~ AttCtc hfl\ef\-+ L SAMPLE MN FLOOD PLAlN MANAGEMENT ORDINANCE "GENERAL FLOODPLAIN OIIDINANCE" For Communities !Vitlt Flood Insurance Rate Map (FIRM) SECTION 1.0 STATUTORY AUTHORIZATlON, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters I03F and Chapter (394 for counties or 462 for 1IItmicivalities! delegated the authodty to local governmental units to adopt regnlations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must patticipate and maintain eligibility in the National Flood fnsurance Program. Therefore the (localunitJ , Minnesota does ordain as follows: 1.2 Statement OfPl1l]19Se. The pmpose of this Ordinance is to maintain the Community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including lossoflife, loss of p!'Opeliy, health and safety hazards, dismption of commerce and governmental services, extraordinalY public expenditures for flood protection and relief, aud impairment of the tax base, all of which adversely affect the p,tblic health, safety and general welfare. 1.3 Warning of Disclaimer of Liability. This Ordinance does not imply that areas o\ltside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This Ordinance shall not create liability on the part of the (locall!ovemmentJ or any officer or employee thereoffor any flood damages that result from reliance on this Ordinance or any administrative decisions lawfully made thereunder. 1.4 Na110nnl Florn:llnsurance Progl'lUll Complinnce. This Ordinancc is ndoptcd t9 comply with the I'u!cs and regulations ofIhe National Flood Insurance Program codified as 44 Code of FederaJ Regulations Parts 59 .78, as amended, so as to maintain the Community's eEgibiltty in1he NatiotlalFlood Insllrancc Program. SECTION :t.O GENERAL PROVISIONS AdoptiOn of Flood Insurance Stndy and Flood Insurance Rate Map, The Flood Instwance Stndy for Ramsey Ccnmty, Minnesota (All JurisdIctions) and tho Flood Insurance Rate Map l',mclstherein numbered 27123C003 80,27 J 23C00390, 27I23C004 lG, 27123C00420, 27123C00430, 27123C00440, 27I23C0065G,27123C010IG, 27123C01020, 27123COI 100, 27123COl 170, 27l23COI190, 27123CO 1300, and 27123CO 140G, all dated June 4, 20 I 0 and prepared by the I'cdcnd Emergency Managelllcn1 Agency, arc. hercbyadopted by reference as me Official Flood Plain Zoning District Map and made a part ofthis ordinance. 2.2 Lallds to Which Ordinance Applies. This Ordinance shall apply to all lands designated as flood plain within thejurlsdiction of (Local Unit) . Flood plain areas within (local unit) shall ehcompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AB as shown Oh the Flood Insurance Rate Map adopted in SectionZ. I ofthis Ordinance, GelleraIlSpedaICom'i!rsilm)-fJRM -:lOli/2(JOS rCl'isiQ1i - 1 - (Note: For future annexation of floodplain lands, it is a requirement of the Natiomil Flood Insmance Program that a community legally apply the provisions of its floodplain ordinance to the annexed land on the date of annexation (see Section 2.5 that follows). The flood insurance rate map palle!s adopted into Sectiou 2.2 above must be inclusive enough so that they encompass all of the unincorporated area of the county that may be annexed iuto the city into the foreseeable future. This may mean that a city will need to adopt flood insmancerate map panels in addition to those flood Jllap panels that contain the current corporate boundaries ofthe city.) C9 2.3 Interpretation, The bounda1'ies of the flood plaiu district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries ofthe flood plain district, the (Govern/11ft Bodv/DesilJlJated Official! shall make the necessiU)' interpretation based on the ground elevations that existed on the site at the time the community adoptcd its Inltlal floodplain ordinance or the date of the first National Flood lnsurance Program map that placed the site in the floodplain if carlier and the regional (IOO-yeal] flood profile, if available. If lOa-year flood elevations are not available, the commlUlityshaH: 1) Require a flood plain evaluation consistent with Section 4.3 of this Ordinance to detenuine a I OO-year flood elevation for the site; or 2) base its decision on available hydraulic/hydroiogic or site elevation survey data which demonstrates the likelihood the site is within nr outside af the flood plain. 2.4 Definitions. Unless specifically defined beloW, words al' phrases used in this Ordinance shall be interpreted sa as ta give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. @ 2.41 Accessory Use or Structure ~ a use or structure on the same lot with, and om nature customarily incidentalalld subordhlute to, the principal use or structure, 2.42 Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (belowgrOlmd level) an all. four sides, regardless of the depth of excavation below ground level. 2.43 Fload Fl'lnge - that pQl1ion of the fload plain autside of the floadway. 2.44 Flood Plain - the channel or beds proper and the areas adjaining a \Vetland, lake or walercourse that have been or hereafter maybe covered by the regional flOod. Pload plain areas within (focal unit) shan eMompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AR on the Flood Insurance Rate Map adopted in Section 2. 1 of this Ordinance. 2.45 Floadway - the bed .of a wetland or lake and the channel of a watel'course alld l!1Qse pmtions af the adjoining flood plain that are reasonably reqnired ta carry or store the regional fload discharge. @ 2.46 LoweS! Floor - the lowest floor of the Jowes! enclosed arca (including basemen!). 2.47 Mannfaclured Home - a structme, transportable in onc or more sections, which is built on a permanent chassis and is designed for mm with or withont II permanent foundation when attach cd t(l the requircd utilitics. Thc tcnu "lllanufactured homc" does nOt include the term "rccreational vehiclc." 2.48 Obstrnction - any dalTI, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, ch31lUellUodification, culvelt, building, wire, fence, stockpile, refuse, fill, structure, stockpile af sand or grave! 01' other material, or matter in, alollg, across, General(SpeciaICOl1l'ersion)FlkM -10/1/2003 revision - 2 - cD C0 or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 2.49 Recreational Vehicle - a vehicle that is built OJ1 a single chassis, is 400 square feet aI' when measured at the largest proJection,.is designed to be self-propelled or penmmently towable by a light dJlfY trnck, and is desiglled primarily not for use as a permanent dwelling but as temporary llvingqllartcrs for recreational, camping, travel, or scasollal FQr the purposes oflhi, Ordij1anee, 1he teI'Il) recrcatiQnal vchicle shall be synonymous with the term travel trallerl1ravcl vehicle. 2.50 Regional Flood - a flood which is representative of large floods known to have oecurred generally in Minnesota and reasonably characteristics of what can be expected to OCCur on an avel'age frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymons with the term "base flood" used on the Flood Insurance Rate Map. 2.5t Regulat01Y Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood phiS ally increases in flood elevation caused by encl'Oachments on 1he flood plain that result from designation of a floodway. 2.52 Stmcture - anything constructed 01' erecled On the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factodes, sheds, detached garages, cabins, manufactured hOllies, traveltrailerslvehicles not meeting the exelnption criteda specified in Section 12.1 ofthls Ordinance and other similar items. 0.~3-)ubsta;ltial Damage - me~ns damage of any origin. ~ustained .bya structure where the cost of ~_ restonng the stmcture to Its before damaged conditIOn would cqnalor exceed 50 percent of the market value of the structure before the damage occurred. 2.54 Substautial tmprovement - within any touseclltive 365-day period, all>' recoustrllctlon, rehahilitation (illcluditlg normalmaintemll\c:caml repair), repair after damage, addition, or other improvementofll structure, 1he cost ofwhkh eqlJals or:exc::ceds 50 percent of1he IIiarket value ofthe structure hefore the "stali of c:onstl'llctiou" offhe improvemenl. This term includes structures Ihat have inourred "substantial damage," regardless ofthe actrla! repair wm'k performed. The IeI'm does uot, however, include ei1her: (n) Any project for improvement ofa structure to corrcet existing violations of state or 10MI health, sanitary, 01' salety code specifications whioh haVe been identified by the loeal code ellforcemcn1 official aod which are the minimum necessary to assure safc living conditions. (h ) AJ)Y altetatioh of an. "historic stl'uctUl'C," j>l'ovided that tbc alleration will not preclude the stnrctlll'c's continucd designation as an Hhistofic St1'lleftll'e," For the purpose offhis Ordinailce, "historic structJlrC" shall be as defined iu44 Code of Federal Regula1ions,Part 59.!. 2.5 AnUexatiollS. The F'lood InSlll'ancc Rate Map pancls adopted by reference into Section 2.1 ahove may hlclnde floodplain areas that lie outside of the corporate boundaries offhe (local !llIil) a1 the til1leof adolltion Qfthis orclinance. Jfany ofthese floodplain land areas are annexed into lhe (local willl afterthc date of adoption of this ordinance, the newly annexed floodplain lands GCl1erat'(SpeciaICol1wrsiol1)FlRAf -:l01l/2005 reYisi01i - 3 - shall be subjec1 to the provisions ofthis ordinance jmmedi~tely npon tile date of annexation Into th$ (lacet! ifill!) 2.6 Abrogation and Crentcr Restrlcllons, It is not intended by this Ordinance (0 repeal, abrogale, or impair any existing easenu,nts, covenants, or deed testTictiohs.Hmvever, where 1his Ordluaflceimposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconslstcnt with 111is Ordinancc are hereby repealed 10 the extent ofthe inconsistency only. 2,7 $everabllity. Iran)' seetion, emuse, provision, or portion ofthls Ordinance is adjudged unconstitutional or hWalid by a COUtt ofcompctel1ljurisdic1lol1, lhe remahlder orthis Ordinance shall not he affected thereby. SECTION 3,0 CONFLICT WITH PRE-EXISTING ZONING REGULATIONS AND GENERAL COMPLIANCE 3.1 The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations oftheCommUllity, The uses permitted 1n Sections 4.0 and 5.0 ofthis Ordinance shall be petmitted Ollly if not prohibited by any eslablished, l!nderlyingzoningdistrict. The requirements of this Ordinance shall apply In addition to other legally established regulations of the Community and where this Ordinance Imposes.greater restrictions, the provisions oftllis Ordinance shall apply. ij) 3.2 Compliance: No new structure or land shall hereafter be used and 110 structure shall be constructed, located, extended, convelted, repaired, maintained, or stmcturally altered without full compliance with the terms of this Ordinance and other applicable regulations wmch apply to uses wi1hin the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe, all uses not listed as pel'luitted llses in Section 4,0 shall be prohibited. In addition, a calltion is provided here that: 3.21 New manufactUl'ed homes, replacement manutactured homes and certain recreational vehicles are subject to the general provisions of this Ordinance and specifically Sections 4.0 and 12.0; 3.22 Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming stmctures and nonconforming uses of stmctures or l~rtd are regUlated by the general provisions of this Ordinance and specifically Section 9.0; and 3.23 As-bullt elevations for elevated structllres I1111St be certified by elevation surveys as stated in Section 7.0 of this Ordinance, SECTION 4.0 PERMITTED USES, STANDARDS, AND FLOOD PLAlN EVALUATION CRITERIA 4.1 Permitted Uses in the Flood Plain, The following uses of la!,d are permitted uses in the flood plain district: W~~nY nsc of land which does notinvolvc a structure, a fence, an addition to the outside "..,.r. c.'.J';~'i,.nsto.a.n existing structure (including a fence) or. an obstr\1ctiou to flood flows SUCh. as 'y fill, excavation, or storage of materials or equipment. (Note: the existing language ill See/ioll 44-121)1) (ilj (1) is in"orre~t), Gel/eral (SpeciaIConversioi1IFIRM-JO/J/2005 re\'isio;l - 4 ..; ~@ 4.12 Any use of laudinvolviug the COnSlnlctiOn of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing struchlre (ltlcludirig a fence) or obstructions such as fill 01' storage of materials or equipment, provided these activities are located in the flood fringe pOllion of the flood plain. These nses shaJJ be subject to the development standards in Section 4.2 ofthis Ordinance und the flood plain evaluation criteriu in Section 4.3 of this Ordinance fOl' determining fIoodwuy und flood fringe bounduries. 4.13 Recreationul vehicles.ure reguluted by Section 12.0 ofthis Ot'dinauce. 4.2 Stundurds for FloodPlain Pel'lllitted Uses. 4.22 Fill shull be pl'Operly compacted and the slopes shall be pl'Operly protected by the use of ripl'1lp, vegetative covel' or othet' ucceptable method. The Fedet'al Emergency Management Agency (FEMA) has established ctiteria for rempving the special flood hazat'darea deSignation for cellain structures pt'operly elevated on fill above the laO-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope pl'Otectiou standards for multi- structul'e 01' multi-lot developments. These statldat'ds should be investigated priorto the initiation of site preparation if a change of special flood hazard at'ea designation will be t'equested. 4.23 Storage of Materials and Equipment: (a) The stot'age 01' processing of materials that are, in time of flooding,. flammable, e>q,losive, 01' potentially injurious to human, animal. or plant life is prohibited. (b) Stomge of other matetials 01' equipmeutll1ay be allowed if readily removable from the area within the time available after a flood wal'lllng or if placed on fill to the regulatory flood protection elevation. 4.24 No use shall be pel1l1itted which will advet'sely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 4.25 All strnctures, including accessolY structures, additions to existing structures and manufactured homes, shall be constructed on fiU so that the lowest floot', including basement floor, is at or above th.e regulatory flood protection elevation. The finished fill. elevationlUust be no lower than one foot below the regulatOlY flooclprotection elevation and shall extend at such elevatioll at least 15' beyond the limits of the stmcture constmcted thereon, 4.26 All Uses. Uses tllat do not have vehicular access at or above an elevatioll not more than two feet below the reguJatOlY flood proteotion elevation to lands outside of the flood plain shalll10t be permitted nnlessgranted a variance by the Board of,Adjustment. In granting a variance, the Board of Adjustment shall specifY limitations on the period of use or ocoupancy of the use and only after determining that adequate flood warning time and local emergenoy response and recovery procedures exist. Getletal (Speciarcom'ersitm) FIRAt ~J01112005 . rw;sio)i ,.; 5 .. ~ \9 (Note: This is an optional provision. If a commnnity wishes to delete this Ilrovision, please leave the nnmbering the s.ame and insert the replacement wording "This section reserved for future IIse.") 4.27 Commercial and Manufacturing Uses. Accessory land uses, such as yards. railroad tl'acks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation ifthe atea would be immdated to a depth and velocity such that when multiplying the depth (in feet) times. veloCity (in feet per second) the product number exceeds fom (4) upon occurrence ofthe regional flood, 4.28 On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall no1 be subject to impairment or contamination during tinles of flooding. Any sewage treatment system designed in accordallce with the State's. cUlTent statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. 4.29 All manufactured homes mllSt be securely anchored to an adequately anchored fonndation system thaI resists flotation, collapse and lateral movelnent. Methods of anchoring may include, hnt are not to be limited to, use of over-the-top or frallle ties to ground anchors, This requirement is in addition to applicable state or local anchorhlg requirements for resisting wind forces. 4.3 Flood Plain Evaluation 4.31 Upou receipt of an application for a permit for a use or other approval within the Flood Plain District, the applicant shall be required to furnish such of tbe following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood pl'Otection elevation and whetller the proposed use is within the flood way or flood fringe. (a) A typical valley cross-section(s) showing the channel ofthe stream, elevation of land areas adjoinhlg each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (11) Plan (surface vieW) showiugelevations or contonrs of the ground, pertinent structure,fill, or storage elevations, the size, location, and spatial arl'3ngement of all proposed and existing structures on the site, and the location and elevations of streets. (c) Photographs Showing existhlg land uses, vegetation upstream and downstream, and soil , types. (d) Profile sbowing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 4.32 The applicant shall be responsible to submit one copy of the above information to a designated engineer or other exped person or agency for technical assistance ill detel'l11illing whether the proposed use is III the floodway or flood fringe and to determine the regulatory flood Iltotection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 ~ 6120.6200 and 44 Code ofFedeml Regulations Palt 65 shall be followed in this exped evaluation. The designated engineer or exped is Sll'Ollgly encouraged to discuss the proposed Gel1erar(Sp(!cialCOIWersioll)FJRM '--lO!1/2005revisiol1 .;. 6 - technical evaluation methodology with the respective Department of Natural Resonrces' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the tegional flood. (h) Calculate the water sutface profile of the regional flood hased upon a hydraulic analysis of the stream channel and overbank areas. ( c) Compute thefloodway necessary to conveyor store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage iucrease than .5' shall be required if, as a result of the additional stage incl'ease, increased flood damages would result. An equal degree of encroachment on both sides oftlle stream withiu the reach shall be assumed in computing floodway houndaries. 4.33 The Zoning AdministratOl'shall present the technical evaluation and findings of the designated engineer or expelt to the Governing Body. The Governing Body must fonnally accept the technical evaluation and 1he recommended Floodway and/or Flood Fringe Districtboundary or deny the permit application. The Goveming Body, prior to official action, may suhmit the application and all supporting data and analyses to the l'ederal Emergency Management Agency, the Depmtment of Natural Reso\lrces or the Planning Commission for review and comment. Once the Floodwayand Flood Fringe Distl'ict Boundal'ies have been de1ennined, the Governing Body shall refer the matter ba<;k to the Zoning AdministratOl' who shall process the permit application consistent with the appli<;ahle provisions of this Ordinance. SECTION 5.0 UTILITIES, RAILROADS, ROADS AND BRIDGES IN THE ,FLOOD PLAIN DISTRICT All utillties and transportation facilities, including railroad tracks, roads and bridges, shall be constrllcted in accordance with state flood plain management standards contained in Minnesota Rules 1983 Palts 6120.5000 - 6120.6200. SECTION 6.0 SUBDIVISIONS" *Note: Tllis Sectioll is /lot i/lte/lded as a S/lbstitute for a comprelle/lsive dfJ'or COI/1l(V suMivision ordi/l{lIlce. It can, lIowel'er, be IIsed liS all interimcOlllrol/l/lliltlte comprehensive subdivision ordinance can be amended to inclllde 1Iecessary jloodplaitlma1lagementprovisioJ/s. 6,1 No land shall be subdivided and no manufactured home park shall he developed or expanded whef\' the site is detennined to be unsuitable by the (GOl'el1lill11 Bodv!Plmming Commission! for reason of flooding, inadequate dl'aittage, water supply or sewage treatment facilities, The (Go1'e1'l1il1J! Bodv!Plmmillz Commission) shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for ftll placement for elevating structures, sewage systems and related activities. 6.2 In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the infOlmation required in Section 4.31 of this Ordinance. The {Desiznated Pem'on!BodJI! shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established ill Sections 4.2, 4.3 and 5.0 of this Ordinance. General (SpecialConwrsiol1) FIRM ~1(J!J!20(j5 revIsicm - 7 - @ w 6.3 For all subdivisions in the flood plain, the flood way and flood fringe boundaries, the regulator)' flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting docnments. 6.4 Removal of Special Flood HazaI'd Area Designation: The FedeI'al ElIlel'gency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structmes properly elevated on fill above the 1 OO-year flood elevation. FEMA's requirements incorporate specific fin compaction and side slope protection standards for multi-structure or multi-lot developments. These stapdards sbonld be investigated prior to lhe initiation of site preparation if a change of special flood hazard area designation will be reqllested. SECTION 7.0 ADMINISTRATION 7.1 Permit Reqnired. A Pemlit issued by the (Desirmated Official) shall be secured prior to the erection, addition, modification, rehabilitation (inclndillg l10rmalmaintenallce and repair), or alteratiol) of any building or stI'ucture or pOlnon thereof; prioI' to tbe use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or OIl.she sep1ie syirtem, prior to tbe change or extension of a nonconforming use, prior to 1he repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement offill, excavation of materials or the slorage of materials or equipment within the flood plain, 7.2 Slate and Federal Permits. Prior to granting a penh it or processing an application fOr a variance, the (Desirptated Official) shall determine that the applicant has obtained all necessary state and federal permits. 7.3 Certification of Lowest Floot Elevations. The applicant shall be required to submit celtification by a registered professional engineer, registered architect, or registel'ed land slll'veyor that the finished fill and building elevations were accomplished in compliancewitb the provisions of this Ordinance. The (Designated Officia/) shalllllaintain a record ofthe elevation of the lowest floot (inclnding basement) for all new structures and alterations or additions to existing structures ill the floOd plain dis1ricl. 7.4 Notifications for "Vatercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent conlIunnities and the Commissioner ofthe Depm1mcnt {,fNatural Resonrces prior to the community authorizing allY alteration or relocation ora watG'rCOllrSe. lftbc applicant has hpjllied fora permit to work in 1he beds ofpuhlic waterS pursltantto Minnesota Statute, Chap1er Hl3G, this shall suffice as adequate notice to the Commissioncr of Natural RcsOttrees. A copy of said uotification shall aiso be submitted to the Chicago Regional Office ofthe Pederal Emergency MmlHgemcn1 Agency (PEMA), Notilication to FEMA Whenl'hysic~l Changes lncl'ease (!l'Decl'easc the IOO,)'cllI' Flood Elevation. As S(lOn as ispl"i1cticable, but 1\01 later than six (6) months after tbe date Sllch Hlpportinginfornlation becomes available, the Ztllling Administrator shall not!!,y the Chicago Regional Office ofFEMA ofthe changes by submitting a copy of said technical or scientific data, SECTION 8.0 VARIANCES 8.1 A variance meHns a modification of a specific pel1uitted development standard required in an official control inclnding this Ordinance to allow an alternative development standard not stated as accep1able in Genera/(SpeclalConwrsi01i) FIRJi.~10!1!2005 rel.jsiof/ -8 - the official conITol, but only as applied to a particular property for the purpose of alleviating a hardship, praetical difficulty or uniquecirclllustance as defined and elaborated upon in a community's respective planning and zoning enabling legislati()n and this Ordinance. 8.2 The Board of Adjustment may authorize upon appeal in specific cases such relief or variance fi'()1ll the terms of this Otdinance as will not be contrary to the public interest and only for those circlllnstances such as hardship, pnlCtical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for plalllling and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identifY in wri1ing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations ofthe Community, and the criteria specified in the respective enabling legislati()n which justified the granting ()f the variance. The following .additional variance criteria of the Federal Emergency Management Agency must be satisfied: 8.21 Varianccs shan not be issued by a community within any designated regnlatoryfloodway ifany increase in flood levels dnring the hase flood discharge would result. @ 8.22 Variances shall only be issued by a conuuunity upon (i) a showing of good and sufflcien1 cause, (ii) II determination that failure to grannhe varinnce would rcsllltincxecptioI1al hardship to the applicant, and (iii) a detennination that the gl'ilnting of a variance will not result lu increllsed flood heigh1s, additional threats to public safety, extraordina,y public expense, <weate lll)isanccs, cause ftaud On or victimization ofthe public, or conflie1 with cxistinglocallaws 01' ordinanccs. 8.23 Variances shall only he issued upou a determination that 1he variance is 1he minimulll necessary, eonsideriug the flood hazard,to afford relief, 8.3 Variances from the provisions of this Ordinance may be authorized where the Board of Adjnstment has determined the variance will not be contrary to the public interest and the spirit and intent of this Ordinance. No vatiance shal! allow in any district a l)Se prohibited in that district or permit a lower degree of flood protection then/he regulatOlY flood protection elevation. Va1'iances may be used to modifY permissible methods of flood protection. 8.4 The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance SO that the Cotnmissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail tQ the CommissiQner of Natural Resources within ten (10) days of such action. 8.5 Appeals. Appeals from any decision of the BOard of Adjustment may be made, and as specified in this Community's Official CQntrols and also Minnesota Statutes. 8.6 Flood In$urance Notice and RecQl'd Keeping. The zoning administrator shall nQtifY the applicant for a variance that: I) The issuance ofa variance tQ eons1mct a structure below the base flood level will result in increased premiulll rates for flood insurance up to amounts as high as $25 for $100 of insm'ance coverage and. 2) Such construction below the 100-year 01' regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. This Community shall maintain a record of all variance actions, including justification for their .issuance, and tepOt'! such variatlces issued in its allllual or biennial report submitted to the Administrator of the National Flood Insurance Program. Genei'dl (Special Conl'ersioii) FJRM-l 0/1/2005 revision - 9 - G) @ SECTION 9.0 NONCONFORMITIES A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures,as defined in Section Z.54(b) ofthis Ordinance, shall be subject to the provisiO\ls of Sections 9.1 -9.4 of this Ordinance. 9.1 No such use shall be expanded, changed, enlarged, or altered in a way which ihcreases its nonconformity. 9.2 A structUral alteration within the inside dimensions of a nonconforming use or structure is pennissihle provided it 11tilizes flood resistant materlals SOlIS not 10 resllltln increasing the flood damage potcntial oftha1 use or structure. A st111etural addition toa strl1cture must be elevated to the regulatory flood protection clcVll1ian inaccordlluce with Section 4.25 oflhis Ordinance. 9.3 Tile cost ofall structllfal alterations or additions to any nonconforming stJ'ucture over the life of the structure shall not exceed 50 percent ofthe maJ'ket value of the structure unless the conditions ofthis Section are satisfied. The cost of all stmctural alterations and additions must include all costs such as constJ'uctioll materials and.~ reas9Mble cost placed on all manpower or labor. Ifthe cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Section 4.0 of this Ordinance for ncw structures. (Note: Tltis clll/lIlllJtlve truckil/g ol'er time provisiol/ of this sectiol/ is opliollal. If a CO/l/1//Wlity wishes to delelelMs cllmulative t1'lICklllg prOl'isiot/,plelJse c()lllacl the respective DNR W(llers' (lre(l hydrologist for replacemellt wordillg.) 9.4 If any nonconfOlming nse of a. stl1lcture or land or nonconforming strucllu'e is substantially damaged, as defined by Section 2.53 of this Ordinauce, it sballnot be reconstnlCted except inconformity with the provisiotls of this Ordinance. The (Deslgllated Bodv) may issue a permit for reconstruction ifthe use is located outside the f1oodwayand, upon reconstructiou, is adequately elevated on fill in confolmity with the provisions ofthis Ordinance. ~.5 If a substantial improvcment occurs, as defined iu Section 2..54 MInis Qrdhlauce, !h1m any c0111bin<ltion ofa building addition!o the ontsidedimcnsiuns ufthe existing building 01' a rehabilitation, reconstruction, alteration, or other improvement to !h"inside dimensiou;, of finexistillg nonconforming bnilding, then the building addition and the existing nonconfcmning huilding musl mee1 the requirements of Section 4,0 ofthi, Ordinance for new structure;" depending upon whether the structure is in the flnodway C!J' flood fringe, respectively. SECTION 10.0 PENALTIES FOR VIOLATION A violation of the provisions of this Ordinance or failure to cOlllply with any of its requirements (including violations of conditions and safeguards established ill cOllllectinn with grants ofvarJance) shall cOllstihlte a misdemeanor. 10.1 In responding to a suspected ordinance violation, the Zoning Adtllinistrat<l!' and the COlllmunity may utilize the full array of enforeement actions available to it inclnding but not limited to prosecution and fmes, injunctions, after-the-fact penults, orders for corrective measures or a request to the National Flood General (Special Conversion) FIRM -10/1/2005 Yel'/SiOll - 10- Insurance Program for denial of flood insnrance availability to the guilty party. The Community must act in good faith to enforce these official cQntrols and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 10.2 When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extentofthe violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Depatlment of Natural Resources' and Federal EmergencyManagement Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. 10.3 The Zoning Administrator shall notify the suspected party ofthe req1llrementsofthis Ordinance and all (jthel' Official Controls and thenatllre and extent ofthe suspected violation of these controls. If the structure and/or use is 1luder construction or development, the Zohing Administrator may order the construction or development immediateiy halted until a pJ'Operpermit 01' approval is granted by lhe Community. If the construction or development is already completed, then the Zoning Administrator may either (l) iss1le an order identifying the corrective actions that must be made within a specified time period to bring the 1lse or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permitJdevelopment approval wl1hin a specified period of time not to exceed 30-days. 1004 If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constihtte an additional violatioll of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall aiso upon the lapse of the specified respOnse period notify the landowner to restore Ihe land to the condition that existed prior to the violation ofthis Ordinance. SECTION 11.0 AMENDMENTS All amendments to this ordinance., including J'evisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner ofNaltlJ'al Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regnlatolY flood protection elevation and is contiguous to lands ontside ofthe flood plain. Changes in tbe Official Zolling Map must meet the Federal Bmergency Management Agency's (FEMA) Teehnical Conditions andCl'iteria aud must receive prior FEMA approval before adoption. The COlll111issiOileJ' ofNatuJ'al Resources must be given 1O.days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or techiiical study under consideration. SECTION 12.Q TRAVEL TRAILERS AND TRAVEL VEHICLES Recreational vehicles that do not meet the exemption criteria specified in Se.ction 12.1 below shall be subject to the provisions ofthis OJ'dinance and as specifically spelled out in Sections 12.3-12.4 below. 12.1 Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 12.2 below atld further they mee1 the following criteria: Genei'al (SpecliirCo!lversioil)FIRM -101112005 rCl'iSioll - 11 - 12.11 Have cllrrent licehSes required for highway use. 12.12 Are highway ready meaning on wheels Or the intel'l\al jacking syst\)tn, are attached to 1he site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and 1he recreational vehicle has no permanent structural type additions attached to it. 12.13 The recreational vehicle and. associated USe must be permissi!;le in any pre,existing, underlying zoning USe district. ]2.2 Areas Exempted For placement of Recreational Vehicles: 12.21 Individuallols or parcels of reCOrd. 12.22 Existing commercial recreatiol1a1 vehicle pnrks 01' campgrounds. 12.23 Existing condominium type associations. @ 12.3 Recreational vehicles exempted in Section 12.1 lose this exemption when development occurs on the parcel exceeding $500 for a stl'llctural addition to the recreational vehicle or exceeding $500 for an accessory structm'e such as a garage or storage building. The recreational vehicle and all additions and accessory structures \vill then be treated. as a new structure and shall be subject to the elevatiOll requirements and the use of/and restrictions specified in Sections4.0 of this Ordinance. There shall be no developmcn1 or improvement on the parcel or attachment to the recrcation vehicle 1hat hinders the removal of the reereatiQn"1 vehicle to H flood U'ce location shollld flooding occur. 12.4 New coml1iercial recreational vehicle parks or campgrounds and new residential type subdivisiOltS and condominhlm associations and the expansion of any existing similar llse exceeding five (S) units or dwelling sites Shall be subject to the following: ]2.4 I Any new or replacement recrealional vehicle will be allowed in the l100dway or flood fringe dish'icts provided said recreational vehicle and its contents are placed on filll1bove the regulatory flood protectiol1elevatiol1 determined in accordance with the provisions of Section 4.3 of this Ordinance and proper elevated road access to the site exists in accordance with Section 4.0 ofthis Ordinmlce. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the ] OO-year or regi(l1tal flood. 12.42 All new or replacement recreational vehicles. not meetingthe criteria of 12.41 above may, as an alternative, be allowed ifin accordance with the follmving provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during tbe 100 year flood. Said p]anshall be prepared by a registered engineeJ' or other qualified individual, Shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate that the provisions of Sections 12.11 and 12.12 of this Ordinance will be met. All attendant sewage and water facilities for new or replacement J"ecreational vehicles must be pl'Cltectedor constructed so as tOtlot be impaired or contaminated during times of flooding in accordance with Section 4.28 of this Ordinance. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and pnblication, as required by law and/oJ" chmter. General (Spec1alCo1J\.'ersioll) FIR,\f ...101112005 fbi'isf{m -12.. Adopted by tbe Board/City Council (Community Name) This (Day) of (Month) (Year) Attest: (Name of Elected Official) , COlmly Board CbairpersonlMayor Attest: , County Administrator/City Clerk (Name of Community Official) Stamp With Community Seal: GeJJertil{Spec.iafCdil\;ersion)PlRM -,.101112005 Ti:Wsion ... 13 '"' Agenda Item G.d. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Resolution of Appreciation for Frederica Musgrave February 17, 2010 for the February 24 ENR Meeting INTRODUCTION Attached is a resolution of appreciation for Frederica Musgrave. Ms. Musgrave served as a commissioner on the Environmental and Natural Resources (ENR) Commission for two years and six months, from June 25, 2007 to December 31,2009. RECOMMENDATION Recommend approval of the attached resolution of appreciation for Frederica Musgrave. Attachment Resolution of Appreciation RESOLUTION OF APPRECIATION WHEREAS, Frederica Musgrave has been a member of the Maplewood Environmental and Natural Resources Commission for two years and six months, from June 27, 2007 to December 31,2009; and WHEREAS, the Environmental and Natural Resources Commission would like to show appreciation for her experience and insights; and WHEREAS, Ms. Musgrave has freely given of her time and energy, without compensation, to serve on the commission for the betterment of the City of Maplewood; and NOW, THEREFORE, IT IS HEREBY RESOL VED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Frederica Musgrave is hereby extended our gratitude and appreciation for her service. Passed by the Maplewood Environmental and Natural Resources Commission on February 24, 2010. Carol Mason Sherrill, Chairperson Passed by the Maplewood City Council on March 22, 2010. 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