HomeMy WebLinkAbout9.b. Water Efficiency Grant Program G:\Water\MCES Water Efficiency Grant\Council Items\20160201 CC Water Efficiency Grant Program Agreement.docx
EXECUTIVE SUMMARY
City Council: February 1, 2016
AGENDA ITEM: Water Efficiency Grant Program AGENDA SECTION:
New Business
PREPARED BY: Patrick Wrase, PE, Director of Public
Works / City Engineer AGENDA NO. 9.b.
ATTACHMENTS: Resolution, Clean Water Fund Grant
Agreement APPROVED BY: ddj
RECOMMENDED ACTION: Motion Authorizing the Execution of a Clean Water Fund
Grant Agreement between the Metropolitan Council and the City of Rosemount for the
Rosemount Water Efficiency Rebate Program
BACKGROUND
The City of Rosemount applied for and has been awarded a Water Efficiency Grant from the Metropolitan
Council (MCES) in the amount of $9,000. These funds will be used to issue rebates to utility customers
for the purchase and installation of WaterSense low-flow toilets, EnergyStar washing machines, and
WaterSense irrigation controllers. Eighteen other metropolitan cities are participating in this grant
program, which will continue through June 2017.
Staff has prepared draft rebate application forms and will be advertising the rebate program on the City
website and newsletter. The program requires 25% local funds be used for the rebate funding. The table
below summarizes the estimated water savings and rebate payments anticipated with this program:
Rebate Item
Number
of
Rebates
Gallons
Saved per
Year
Total
Rebate
Dollars
MCES
Funded
(75%)
City
Funded
(25%)
WaterSense Toilet 34 136,000 $1,700 $1,275 $425
EnergyStar Washer 33 99,000 $4,950 $3,712 $1,238
WaterSense Irrigation Controller 33 290,400 $4,950 $3,713 $1,237
Total (estimated) 100 525,400 $11,600 $8,700 $2,900
The MCES requires that a Grant Agreement be enacted with the City of Rosemount in order to reserve
the $9000 in funds for the Rosemount Water Efficiency Rebate Program. The Agreement has been
reviewed by the City Attorney and is recommended for Council approval.
SUMMARY
Staff recommends City Council Approval of the Clean Water Fund Grant Agreement and the
authorization to execute the Agreement.
G:\Water\MCES Water Efficiency Grant\Council Items\20160201 RESO Water Efficiency Grant Program.docx
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016 -
A RESOLUTION AUTHORIZING EXECUTION OF
CLEAN WATER FUND GRANT AGREEMENT NO. SG-04417
WHEREAS, the City Council of the City of Rosemount has ordered the preparation of application to
the Metropolitan Council Water Efficiency Grant Program; and
WHEREAS, the Metropolitan Council has reviewed the Rosemount application and has awarded the
City of Rosemount a Grant in the amount of $9,000; and
WHEREAS, the procedures and requirements established by the Metropolitan Council require a
resolution certifying the execution of a Grant Agreement to participate in the Clean Water Fund Grant
Program;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount,
Minnesota:
1. Approves of the execution of Agreement SG-04417 with the Metropolitan Council
documenting the responsibilities of the City of Rosemount regarding the Clean Water Fund
Grant,
2. Authorizes that the City of Rosemount will make adequate provisions for administration and
operation of the Clean Water Fund Grant Program,
3. Authorizes the utilization of Rosemount Water Utility funds to supply the required 25%
local matching funds.
ADOPTED this 1st day of February, 2016.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
METROPOLITAN COUNCIL
CLEAN WATER FUND GRANT AGREEMENT NO. SG-04417
This Clean Water fund Grant Agreement ("Grant Agreement") is entered into this date of
signature by both parties] between the Metropolitan Council, a public corporation and political subdivision of the
State of Minnesota("Met Council") and the City of Rosemount, a municipal corporation ("Grantee").
RECITALS
1.The Minnesota Legislature, by Minnesota Session Laws 2015, 1 St Special Session, chapter 2,
article 2, section 9, appropriated to the Met Council funds from the Legacy Amendment's Clean Water Fund
Clean Water Fund" or "clean water fund") for State fiscal years 2016 and 2017, for the purpose of establishing
a water demand reduction grant program to encourage implementation of water demand reduction measures in
municipalities in the Minneapolis—St. Paul metropolitan area.
2.The Met Council is authorized by Minnesota Statutes sections 473.129,subdivision 4 and 473.504,
subdivision 5 to apply for and use grants from the State for any Metropolitan Council purpose and may dispose
of the money in accordance with the terms of the appropriation.
3.The Grantee is authorized to receive grants from the Clean Water Fund to protect, enhance and
restore water quality in lakes, rivers and streams, to protect groundwater from degradation and protect drinking
water sources by encouraging implementation of water demand reduction measures by municipalities in the
Minneapolis—St. Paul metropolitan area to ensure reliability and protection of drinking water supplies.
4.On September 23, 2015, Met Council authorized the granting of portions of the appropriation to
the Grantees participating in the grant program, the portion for Grantee defined ahead in this Agreement as
Grantee Program."
5.The Grantee represents that it is duly qualified and agrees to perform all services described in this
Grant Agreement to the reasonable satisfaction of the Met Council.
GRANT AGREEMENT
1. Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date stated above on which the
Grant Agreement has been duly executed by both parties.
1.2. Grant Activity Period. The first day of the month followin the Effective Date through and
including the expiration date.
1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30,
2017.
1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
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2. Duties, Representations and Warranties of Grantee and Use of Grant Funds.
2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner the program
Grantee Program") which is described in Grantee's application to Met Council for assistance under the
Met Council's Clean Water Fund grant program, which application is incorporated into this Grant
Agreement as Exhibit A, and in accordance with the terms and conditions of this Grant Agreement.
Specifically,the Grantee agrees to perform the"Grantee Program"in accordance with a specific timeline,
all as described in Exhibit B of this Grant Agreement and to undertake the financial responsibilities
described in Exhibit B to this Grant Agreement. The Grantee has the responsibility for and obligation to
complete the"Grantee Program"as described in Exhibit B. The Met Council makes no representation or
warranties with respect to the success and effectiveness of the "Grantee Program". The Met Council
acknowledges that"Grantee Program"work may be limited to soliciting participation by its residents and
businesses in the "Grantee Program" and requires additional work by the Grantee only to the extent that
residents and businesses choose to participate in the "Grantee Program", all as described in the Grantee's
application attached as Exhibit A.
The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants
for qualifying activities.
2.2. Grantee Representations and Warranties. The Grantee further covenants with and represents and
warrants to Met Council, as follows:
A. It has the legal authority to enter into, execute and deliver this Grant Agreement and all
documents referred to herein, has taken all actions necessary to its execution and delivery of such
documents and has provided to Met Council a copy of the resolution by its governing body which
authorizes Grantee to enter into this Agreement, to undertake the Clean Water Fund Grant Program,
including the Grantee financial responsibilities as shown in Exhibit B and which also designates an
authorized representative for the Grantee Program who is authorized to provide certifications required in
this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs.
B. It has legal authority to conduct and administer the Grantee Program and use the Grant
Funds for the purpose or purposes described in this Agreement.
C. This Grant Agreement and all other documents referred to herein are the legal, valid and
binding obligations of the Grantee enforceable against the Grantee in accordance with their respective
terms.
D. It will comply with all of the terms, conditions, provisions, covenants, requirements, and
warranties in this Agreement, and all other documents referred to herein.
E. It will comply with all of the provisions and requirements contained in and imposed by the
Clean Water Funding legislation and appropriations from Clean Water Fund legislation, except as
explicitly stated in this Grant Agreement that compliance will be handled by the Council.
F. It has made no material false statement or misstatement of fact in connection with the Grant
Funds,and all of the information it has submitted or will submit to the Council relating to the Grant Funds
or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all
representations contained in its application for the Clean Water Fund Grant are material representations
of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by
reference.
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G. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before
any judicial body or governmental authority against or affecting it and is not in default with respect to any
order, writ, injunction, decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Grant Agreement or any document referred to herein, or to perform any of the
acts required of it in such documents.
H. Neither the execution and delivery of this Grant Agreement or any document referred to
herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of
such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or
provision of any agreement or document to which it is now a party or by which it is bound.
I.The Grantee Program will not violate any applicable zoning or use statute, ordinance,
building code, rule or regulation, or any covenant or agreement of record relating thereto.
J.The Grantee Program will be conducted in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions
having jurisdiction over the Grantee Program.
K. It will comply with the financial responsibility requirements contained in Exhibit B.
L. It shall furnish such satisfactory evidence regarding the representations described herein as
may be required and requested by the Met Council.
3.Time.
Grantee must comply with all time requirements described in this Grant Agreement. In the
performance of this Grant Agreement, time is of the essence.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee only for
75% of rebate or grant payments as defined in Exhibit B. The Grantee shall not be reimbursed for non-
eligible costs. Any cost not defined as an eligible cost or not included in the Grant Grantee Program or
approved in writing by the Council is a non-eligible cost.
5.Consideration and Payment.
5.1 Consideration. The Met Council will reimburse Grantee for eligible costs performed by the
Grantee during the Grant Period in an amount as specified in this agreement. The Met Council shall bear
no responsibility for any cost overruns that may be incurred by the Grantee or sub-recipients of any tier
in the performance of the Grantee Program. The initial Grant amount to Grantee under this Grant
Agreement is $9,000.00. The Grantee may be eligible to receive additional Grant amounts or an
adjustment in Grant amount in accordance with the procedure set forth in the Grant Amendment Form
attached hereto and made a part hereof as Exhibit C. Upon signature by both Grantee and Met Council
on Exhibit C this Grant is amended by the amount of increase or decrease approved by Met Council in
Exhibit(s) C.
5.2. Advance. The Met Council will make no advance of the Grant Amount to Grantee. The
disbursement of the Grant Amount shall be in the form of reimbursement for eligible costs as provided
ahead in this Section 5.
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5.3. Payment. To obtain payment under this Grant Agreement, the Grantee shall submit a
Reimbursement Request/Progress Report on forms provided by the Met Council, and shall submit
electronically scanned copies of receipts to verify the cost of eligible devices reported for each reporting
period. Reimbursement Request/Progress Reports must be submitted quarterly after this grant agreement
has been executed,even if there have been no eligible costs to report and for which to seek reimbursement.
The Grantee shall describe its compliance with its the financial requirements and work completed and
specific addresses where work was undertaken in connection with the grant and shall provide sufficient
documentation of grant eligible expenditures and such other information as the Met Council's staff
reasonably requests. The Met Council will promptly pay the Grantee after the Grantee presents to the Met
Council a Reimbursement Request/Progress Report and scanned copies of all receipts verifying the cost
for all eligible devices reported and the Met Council's Authorized Representative accepts the invoiced
services.
6.Conditions of Payment.
6.1. The Grantee must certify to the Council that work at each site for which payment is requested is
done, that Grantee has received receipts for such work, that the work was not performed in violation of
federal, Met Council, or local law or regulation and that Grantee has issued the appropriate permits for
the work completed in the Grantee Program.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make
reimbursement payments hereunder shall be subject to the following conditions precedent:
A. The Met Council shall have received a Reimbursement Request/Progress Report for such
amount of funds being requested, and electronically scanned copies of receipts verifying the cost for all
eligible devices for that reporting period
B. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council,that(i)the Grantee has legal authority to and has taken all actions necessary
to enter into this Agreement and (ii) this Agreement is binding on and enforceable against the Grantee.
C. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council,that all applicable and required building permits, other permits, bonds and
licenses necessary for each site included in the Grantee Program including, where applicable, operation
of the site, have been paid for, issued and obtained, other than those permits, bonds and licenses which
may not lawfully be obtained until a future date or those permits,bonds and licenses which in the ordinary
course of business would normally not be obtained until a later date and that each site under the Grantee
Program is active and serving an occupied building.
D. No Event of Default under this Grant Agreement or event which would constitute an Event
of Default but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
E. The Grantee has supplied to the Met Council all other items that the Met Council may
reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund.
7.Authorized Representative.
The Met Council's Authorized Representative is:
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Name: Brian Davis or successor
Title: Senior Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davisna,metc.state.mn.us
or his successor, and has the responsibility to monitor the Grantee's performance and the authority to
accept the services provided under this grant contract. If the services are satisfactory, the Met Council's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is:
Name: Pat Wrase, Director of Public Works/City Engineer
Mailing Address: 2875 145th St. W., Rosemount, MN 55068
Phone: 651-322-2022
E-Mail Address: patrick.wrase@ci.rosemount.mn.us
If the Grantee's Authorized Representative changes at any time during this Grant Agreement,the Grantee
must immediately notify the Met Council and within 30 days provide a new City resolution (if such
resolution is necessary) specifying the new Representative.
8. Assignment,Amendments, Waiver, and Grant contract Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent of the Met Council and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Grant Agreement, or their
successors in office.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the
original Grant Agreement, or their successors, or their delegate in office.
8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure
does not waive the provision or its right to enforce it.
8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Grantee. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
9. Liability and Insurance.
9.1 Liability. The Grantee and the Met Council agree that they will be responsible for their own acts
and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the
other party and the results thereof. The liability of the Met Council is governed by the provisions
contained in Minn. Stat. Chapter 466 as it may be amended, modified or replaced from time to time. The
liability of the Grantee is governed by the provisions contained in such Chapter 466.
9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
construed in any manner as creating or establishing the relationship of co-partners or a joint venture
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between the Grantee and the Met Council, nor shall the Grantee be considered or deemed to be an agent,
representative,or employee of the Met Council in the performance of this Grant Agreement,or the Grantee
Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel required for
the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other
persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have
any contractual relationship with the Met Council related to the work of the Grantee Program and shall
not be considered employees of the Met Council. In addition, all claims that may arise on behalf of said
personnel or other persons out of employment or alleged employment including,but not limited to,claims
under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the
Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Met
Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the Met Council, including but not limited to,tenure rights,medical
and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05,subd. 5,the Grantee's books,records,documents,and accounting procedures
and practices relevant to this grant contract are subj ect to examination by the Met Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
11. Government Data Practices.
The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the Met Council. If the Grantee receives a request to
release the data referred to in this Clause,the Grantee must immediately notify the Met Council.
12. Workers' Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered Met
Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf
of these employees and any claims made by any third party as a consequence of any act or omission on
the part of these employees are in no way the Met Council's obligation or responsibility.
13. Data Availability.
To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50,
subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean Water
Fund that have value for planning and management of natural resources, emergency preparedness and
infrastructure investments, including but not limited to the requirement that to the extent practicable,
summary data and results of Grantee Programs funded with money from the Clean Water Fund should be
readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The Council
will put overall summary information on the internet and will encourage the Grantee put its city
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information on the web. Grantee understands and agrees that Council may list its name and summary
information on the internet or in any other Grantor reporting.
14. Governing Law,Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue far
all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
15. Termination.
The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days'
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services
prequalified and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the Met Council, to federal and state ta c agencies and Met Council personnel involved in the payment
of Met Council obligations. Grantee will require compliance with this Section 16 by Grantee's
subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested.
17. Notices.
In addition to any notice required under applicable law to be given in another manner,any notices required
hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or
certified mail (return receipt requested), to the business address of the party to whom it is directed. Such
business address shall be that address specified below or such different address as may hereafter be
specified, by either party by written notice to the other:
To the Grantee at:
City of Rosemount
2875 145th St. W.
Rosemount, MN 55068
Attention: Pat Wrase
To the Met Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Regional Administrator
With copy to:
MCES General Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
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MCES Finance Director
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Met Council must submit a
report on the expenditure and use of money appropriated under the Clean Water Fund to the
legislature by January 15 of each year. The report must detail the outcomes in terms of additional
use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The
grantee agrees to provide to the Met Council by January 1 of each year a report on any user
satisfaction surveys it has related to this Grantee Program, and other appropriate outcomes of the
Grantee Program as prescribed in Section 18.3 of this Agreement.
18.2 Supplement. The funds granted under this agreement are to supplement and shall not
substitute for traditional sources of funding. Therefore, the Grantee hereby certifies to the Met
Council that there was and is no traditional Grantee sources of funding for the City to help fund one-
fourth (1/4) of the subject water efficiency rebate or grant work.
18.3 Measureable Outcomes. To the extent and upon request of the Council, Grantee agrees to
demonstrate compliance with the following: A Grantee Program or program receiving funding from
the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and
restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from
degradation. A Grantee Program or program receiving funding from the Clean Water Fund must
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring
and evaluating the results. A Grantee Program or program must be consistent with current science
and incorporate state-of-the-art technology. All information for funded Grantee Program work,
including the proposed measurable outcomes, must be made available for publication on the Web
site required under section 3.303, subdivision 10, as soon as practicable and forwarded to the Met
Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303,
subd. 10. The Grantee must compile and submit all information for funded Grantee Programs or
programs, including the proposed measurable outcomes and all other items required under
section 3.303, subdivision 10, to the Met Council and, if requested by the Council, the Legislative
Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year,
whichever comes first.
18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented
according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on
Grantee Programs that benefit Minnesota waters.
18.6 Website. If the Grantee has information on its website about the water efficiency grant
program pursuant to Minn. Stat. § 114D.SO, the Grantee shall, when practicable, prominently display
on the Grantee's Website home page the Legacy logo required under Laws 2009, chapter 172,
article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by
the phrase "Click here for more information." When a person clicks on the Legacy logo image, the
Web site must direct the person to a Web page that includes both the contact information that a person
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may use to obtain additional information, as well as a link to the Council's and Legislative
Coordinating Commission Website required under section 3.303, subdivision 10.
18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon
the Grantee satisfying all application requirements related to Council's fulfillment of Minn. Stat.
114D.50 as well as any additional requirements contained in 2013 Session Laws chapter 137,
article 2, section 9.
18.8 Data Availability. Data collected by the Grantee Programs, if any, funded with money from the
Clean Water Fund that have value for planning and management of natural resources, emergency
preparedness, and infrastructure investments must conform to the enterprise information architecture
developed by the Office of MN.IT Services. Spatial data must conform to geographic information system
guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data
Clearinghouse at the Minnesota Geospatial Information Office. A description of these data that adheres
to the Office of MN.IT Services geographic metadata standards must be submitted to the Minnesota
Geospatial Information Office to be made available online through the clearinghouse and the data must
be accessible and free to the public unless made private under chapter 13. To the extent practicable,
summary data and results of the Grantee Program funded with money from the clean water fund should
be readily accessible on the Internet and identified as a Clean Water Fund Grantee Program.
18.9 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained
in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat.
177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect
to the Grantee Program. By agreeing to this provision,the Grantee is not acknowledging or agreeing that
the cited provisions apply to the Grantee Program.
18.10. E-Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive
Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such
employees axe legally entitled to work in the United States, and that it will, if and when applicable, fully
comply with such order.
18.11 Disability Access. Where appropriate, Grantee of clean water funds, in consultation with the
Council on Disability and other appropriate governor-appointed disability councils, boards, committees,
and commissions, should make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the recipient funds using
appropriations made in this agreement.
18.12. General Provisions.
i) Grants. The Grantee shall implement this Grant Agreement according to Minnesota
Statutes, section 16B.98, and shall account for all expenditures of funds.
ii) Lawsuit. This Grant shall be canceled to the extent that a court determines that the
appropriation unconstitutionally substitutes for a traditional source of funding.
iii) Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to
reimburse Grantee for eligible Grantee Program costs is dependent upon Council's receipt of funds
from the State of Minnesota appropriated to Council under 2015 Session Laws, 1 St Special Session,
Chapter 2, Article 2, Section 9. Should the State of Minnesota terminate such appropriation or
should such funds become unavailable to Council for any reason, Council shall, upon written
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notice to Grantee of termination or unavailability of such funds, have no further obligations for
reimbursement or otherwise under this Grant Agreement. In the event of such written notice to
Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to
complete the Grantee Program as required by this Grant Agreement.
19. Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant
Agreement shall be an event of default hereunder("Event of Default").
19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a.Refrain from disbursing the Grant;
b.Demand that all or any portion of the Grant already disbursed be repaid to it,and upon such
demand the Grantee shall repay such amount to the Met Council.
c.Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on or as of the date first above written.
METROPOLITAN COUNCIL
By:
Regional Administrator, successor,or delegatee
Date:
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GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Printed Name and Title
Date:
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EXHIBIT A
ller•opalitan Council S'atei•Efficienc• Graut:pplicahan Fai•m
3ipglicant Information
Municipality: Y Q Rosemaunt
Mu.nicigalit Utility_ Rosemound
Mailitag Addre s: 2875 145th St West, RQsemaun MN 55068
Pa•ima•- C'ontaet Inf-matiou: The Cit}iComiuunit t priutan authoiized repre eutati-e (all
correspondence and cit,'f'S]Ofl5F l ity ie iC11IIg PtiirtlCfPc3Cf011 Yfl Ile '7ic'iIIte2 PIO c91I2 Si1011ld 7 S 1QllFC
I3 F f2SS{{t0 1II S'iflll ll llc'lIIll2 U210 Z'-
NAME: Pat Vti'rase
TITLE: Dir tor of Public WarkslCi y ngineer
T E T. 2875 14 St W
CITY, ZIF: Rosemaunt, 55068
FHONE:322-2D22
pa rick_wrase ci.rosemount.rr n.us
Secondai- Cantact Informa tion: "ity.+'Coniniunit.- ecoudary Authorized Representative:
hrp jE_ Mitch Hatcher
E: Project Engineer
STREET: 2875 145th St W
CTTY. ZIP': Rosemount, 550G8
PHON-E:651)322-2015
EMAIL: rnitch.hatcherQci_rosemount_mn.us
Municipal Utilit5r Total Per Capita LTater Use(2013): 06 gpcd
M uiicigal Utifity Residential F'er'apita'ater Use (?013)= $?9P
Municipal Tti ity Ratia af Peak Ivlontl to RTiflter Month'tTater Use {?OI3). 3.48
Municigalit s estimated auniu l vater saviags from proposed program= 6,000 galions
IuniciPal I iilit-Graut or Rebate Prngram I esian
Reqttested Cirant A otiut(must equal7?°o af total o a n budget)= $9'a
Reqtiifed Utilit•Matching Au.ount(uust equal?"•o of total pro i btidget)_ 3,Q00
OVi 1 our program Ue a graut program or rebate prograni: Rebate
Esti t d IVuniber af Itenis:
Item Estima ed umb r
Toilets
Clot es JaShi g Machines
lrr"ag rion Syste Controll rs 3
Ieti opal tau C=ounci''ater Efficienc- Granr ppTifarion Farm
Pe•oject «ork Flan and Schedule"
Task I)escc•iption Responsihle Estimated Stat-t Date Estimated C'oinpletiou
Person Group Date
Post inform tion on City of Ra emount January 20 1 b December 20`l G
Gity website about Staff
pragra m
Print fliers fior City af Rasemouiit January 20 16 D C RIb f 20"l
distributian t City Hall St ff
Pnnt advertiser»ent in City of Ras mount April 201 G May 20`l
City's newsletter Staff
4ffer rebates on City of Rasemount Janu ry 2'16 D ecemb r 20 1 G
w shing m chines, Staff
toilets, and irrigatian
system controllers
1f uicipal util tt- ma- c•eate a`-n proj+ec plan and schedule form
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Aletr+pQl tan C:onnci ''ater E fe enc- Gr nt ppl c:tian Fa m
Cammuuicatians to Propert} nes•s
Haa will ous pFogram Ue ad ertised?
Newsletter__
Print Media_Y _
Email
Twitter
Rac io__
Telez-isi€n__
P ease pro,-ide exasuples of p€ogosed nevG-sletter, princ medi, or eu 1 cou u,uiration
City's tri-annual ne vsletter
City websit
Printed flier at City Hall
Tl e app ying municigality sut.st be a 1 ater s glier
Net;-can.structian wd aeu de-elaps ents are uot eligible
Fuuci a-e for rebates or grants o Iy; ransiiltiug and cit}staff tixue are ineligiL le
C'xrant fi.nds or a muuicipa i y's rebate or gr nt grogram dfl not coti er 100°0 of the progrun cost
The r tunicipalitv-s rebate or grant .nio iat cannot pa_y for 140°'ie of e eligibl activity's c4st
irant reci ients must displa_y the Cleaii R+atei, Land wd Legacy niend ient lago d tfie
Metropolitan Cauncil ogo
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EXHIBIT B
Clean Water Fund Grant Program Overview & Goal, Structure, and Qualified Activities (for reference only; should
anything herein be contradicted by the Agreement language,the Agreement terms prevail).
Overview
The Metropolitan Council (Council) will implement a water efficiency grant program effective September 30,
2015 to June 30, 2017. Grants will be awarded on a competitive basis to municipalities that manage municipal
water systems. The Council will provide 75% of the program cost; the municipality must provide the remaining
25%. Grants will be made available in amounts with a minimum of$2,000 and a maximum of$50,000. Grantees
will be required to provide estimated water savings achieved through this program for Clean Water Land &
Legacy Amendment reporting purposes.
Legislative Directive
Minnesota 2015 Session Law Ch. 2, Art. 2, Sec. 9:
250,000 the first year and $250,000 the second year are for the water demand reduction grant program to
encourage implementation of water demand reduction measures by municipalities in the metropolitan area to
ensure the reliability and protection of drinking water supplies.
Grant Program Goal
The goal of the water efficiency grant program is to support technical and behavioral changes that improve
municipal water use efficiency in the seven-county metropolitan area.
Critical Points to Remember
The applying municipality must be a water supplier
New construction and new developments are not eligible
Funds are for rebates or grants only; consulting and city staff time are ineligible
Grant funds for a municipality's rebate or grant program do not cover 100% of the program cost
The municipality's rebate or grant amount cannot pay for 100% of the eligible activity's cost
Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan
Council logo
Grant Program Structure
Administration and Funding
The water conservation grant program will be administered by the Metropolitan Council Environmental Services
MCES)and will be funded with$500,000 appropriated by the 2015 Minnesota Legislature in Clean Water Funds
for FY 2015-2016. Grant applications will be reviewed and ranked by the MCES Water Supply Planning Unit
staff.
Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of
the municipal water supply system and who replace specified water using devices with devices that use
substantially less water.
Grants will be awarded to municipalities in amounts ranging from $2,000 to $50,000 for providing rebates or
grants to property owners. Municipalities will be responsible for the design of their rebate or grant program and
its details. Grant pavments to the municipalitv will be for 75%of approved rebate or rant program amounts. The
municipalitv must provide the remainin 25% of the rogram cost. Rebates or grants are eligible for
reimbursement on device replacements conducted September 30, 2015 through June 30, 2017.
Please note: municipalities may choose the amount of the rebate or grant to apply to any specified water device,
up to and including 100% of eligible costs for the device replacements.
Eligibility
Per legislative language, the grant program is limited to municipalities in the seven-county metropolitan area.
Communities eligible per above must apply to participate and, if approved, sign a standard Council grant
agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require
that communities:
Sign certification of work done to receive grants.
Retain records, and cooperate with any audit.
Do all communications with property owners and ensure all written communications to property owners
include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council's logo.
Agree to provide quantitative information for state reporting purposes.
Eligible water efficiency measures:
Toilet replacement with a US EPA WaterSense labeled toilet
Clothes washing machine replacement with an Energy Star qualified clothes washing machine
Irrigation system audits by a WaterSense audit-certified professional that result in an irrigation system
Controller Replacements with a WaterSense labeled controller, replacement of broken or inefficient
sprinkler heads
Expenses eligible for rebate are the out-of-pocket cost of the device and its installation only, not to include any
owner labor costs. In addition,new construction and new developments are ineligible,as this program is intended
as a current infrastructure replacement program. \
Application Process
Applicants must be municipal water suppliers.
Municipalities will submit MCES supplied application form by November 30, 2015. Required
information will include:
o the municipality's rebate or grant program design and work plan (Template Provided)
o examples or proposed examples of communications to property owners
o requested total grant amount
o estimated annual amount of water saved by the applying municipality.
Metropolitan Council will notify municipalities of grant awards and provide agreements by December
31, 2015.
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Proposal Selection Criteria
Preference will be given to:
Municipalities where total per capita water use is greater than 90 gallons per capita per day (gpcd) or
residential per capita water use is greater than 75 gpcd (based on 2013 water data reported to the DNR)
Municipalities that are supplied 100% with groundwater
Municipalities with identified water supply issues in the Master Water Supply Plan Community Profiles
including location within the DNR North& East Metro Groundwater Management Area)
Municipalities with a high ratio of peak monthly water use to winter monthly water use (based on 2013
water data reported to the DNR)
The order in which applications are received and until grant funds are completely committed.
Funding Process and Reporting Requirements
Utilizing forms provided by MCES, the following information must be reported on a quarterly basis:
o Number, type and amount of rebates or grants provided to property owners, along with each
property address
o Estimated annual gallons of water saved per installation
o Municipality matching funds disbursed and encumbered for disbursement
o Number of unmet funding requests from property owners
Upon review and confirmation of the above information, including electronically scanned copies of
receipts verifying the cost of eligible devices reported for that reporting period, MCES will process a
grant payment in the amount of 75%of approved total rebates or grants for the reporting period.
MCES will provide confirmation of grant balances available upon request and reserves the right to
amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates
rebate or grant programs will not fully utilize grant awards within the grant period.
Qualified Activities
Toilet Replacements
http://www.epa.gov/WaterSense/product search.html
Residential Clothes Washing Machine Replacements
http://www.energ,vstar.,ov/productfinder/product/certified-clothes-washers/results
Irrigation System Audits that result in Irrigation System Controller Replacements
http://www.epa.gov/watersense/outdoor/cert rograms.html
http://www.epa.gov/WaterSense/product search.html
Irrigation System Controller Replacements only
http://www.epa.gov/WaterSense/product_search.html
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Reporting and Rebate Example
Municipality ABC
Rebate ar Total Eligible Est Annual
Water Device Municipality
Property Address Property Type f Grant per Rebate or Grant Water Saved
Replaced
de ice Grant
Contribution
Amount Gal)
2828 Service Rd,55035 Residential Toilet 2 50.00 $100.00 25.00 $75.00 250
Clothes Washer 1 125.00 $125.00 31.25 $93.75 325
1658 Rockford Rd,55034 Residential Toilet 1 50.00 $50.00 12.50 $37.50 250
Clothes Washer 1 125.00 $125.00 31.25 $93.75 325
Irrigation Control 2 200.00 $400.00 $100.00 $300.00 1575
52 Pennington Ave,55035 Commercial Toilet 4 50.00 $200.00 50.00 $150.00 S00
Totals 1,000.00 250.00 $750.00 3225
Ig
EXHIBIT C Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2015 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANT AMENDMENT FORM
NOTICE TO GRANTEE: Submission of this form is required to modify your city's signed agreement with
Metropolitan Council Environmental Services (MCES)2015 Clean Water Fund Water Efficiency Grant program
Grantee Program).
Subsequent to determination of your city's initial grant amount per the signed agreement, completion and
submission of this form is necessary when 1) you are requesting additional grant funds to meet unexpected rebate
or grant demand, or 2) when your city has determined that the previously approved program's rebate or grant
demand will not be met, requiring less grant funds than anticipated when the agreement was signed.
The process for modifying your agreement is as follows:
1. Your City's designated authorized representative submits 2 signed copies of Exhibit B to MCES, with
an attachment itemizing request(s) for a)pre-qualification of additional projects and/or b) changes to
prior prequalified amounts.
2. Upon receipt of signed Exhibit B, MCES Program Administrator obtains Council authorized signatures
that officially modifies the agreement, maintains in the contract file and returns a fully signed copy of
Exhibit B indicating new grant amount to City's designated authorized representative.
These steps MUST OCCUR via postal or other courier service to include original signatures and require retention
of signed documents to be made available upon request.
Instructions: Indicate the date of your change request in#1 box. Indicate the number of this particular change
request in #2 box (and in box at top of page—must match). Enter the current grant agreement amount (as
MCES approved) in#3 box. If you wish to increase your municipality's grant amount, enter the amount you
are requesting in#4 box. If you wish to decrease your grant amount due to lesser demand than
anticipated, enter the amount in#5 box. Enter in#6 box the amount derived from adding #3 to #4 or derived from
subtracting#5 from#3.
Grant Agreement#
1. Date of change request:
2. Change request number:
3. Current Grant Agreement Amount (as MCES approved):
4. Increase due to request for additional funding:
5. Decrease due to lessor demand:
6. Amended Grant Agreement Amount requested:
CITY NAME:
I request the above changes (sign with title and date):
MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date):
COUNCIL AUTHORIZED SIGNATURE AND DATE
Questions may be directed to the MCES Program Administrator:
Brian Davis
MCES Senior Engineer
390 Robert Street North
St. Paul, MN 55101-1805
Phone: (651) 602-1519
Email: brian.davis@metc.state.mn.us
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