IV.5. Adopt Resolution 2019-100, Approving Execution of a Metropolitan Council Water Efficiency Grant Agreement; StadlerDecember 17, 2019 City of Hopkins Council Report 2019-125
ADOPT RESOLUTION 2019-100, APPROVING EXECUTION OF A METROPOLITAN
COUNCIL WATER EFFICIENCY GRANT AGREEMENT
Proposed Action
Staff recommends the following motion: Move that City Council adopt Resolution 2019-100,
approvin execution of a Water Efficiency �rant a�reement between the Citv of Hopkins and the
Metropolitan Council.
Overview
The City applied for and was awarded a$19,000 grant with 25% matching funds required. The
grant funds will be used to provide a rebate to Hopkins residents that purchase qualifying water-
saving washing machines or toilets or upgrade irrigation systems. Staff recommends adopting
the resolution to approve this grant agreement.
Su�Aortin� Information
• Grant program specifics
• Resolution 2019-100
• Communications plan
� Metropolitan Co cil Clean Water Fund (Water Efficiency) Grant Agreement
Steven J. Stadler, Public Works Director
Financial Impact: matchin� funds NTE $6,333 Budgeted: Y/N
Source: Water Fund
Related Documents (CIP, ERP, etc.): Notes:
Council Report 2019-125
Page 2
Analysis of Issues
• Grant �ro�ram sqec#fics
o Rebates are available for:
+� Energy Star-certified washing machines: 75 percent rebate, not to exceed $500
• EPA WaterSense-certified low-flow toilets: 75 percent rebate, not to exceed $150
� EPA WaterSense-certified irrigation controller replacement: 75 percent rebate, not to
exceed $400
• EPA WaterSense-certified sprinkler body replacements: 75 percent rebate, not to exceed
$400 per system
� EPA WaterSense-certified irrigation system audits: 75 percent rebate, not to exceed $200.
o Residents request a rebate as follows:
To request a rebate, property owners must submit the name of purchaser, an invoice showing the
purchase of a qualified item and the address where the item has been installed via mail to
Hopkins Public Works, c/o Water Efficiency Rebates, 11100 Excelsior Boulevard, Hopkins, MN
55343, or via email to waterefficiencXrebates(c�hopkinsmn.com.
Homeowners are encouraged to get pre-approved before making a purchase to ensure rebate
eligibility. Documents showing a qualified purchase must be submitted within 60 days.
o Grant expiration date: June 30,2022
o The total program amount,$25,333, would cover rebates for:
• 30 Energy Star-certified washing machines
• 30 EPA WaterSense-certified low-flow toilets
• 6 EPA WaterSense-certified irrigation controller replacement
� 6 EPA WaterSense-certified sprinkler body replacements
� 6 EPA WaterSense-certified irrigation system audits.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2019-100
RESOLUTION APPROVING EXECUTION OF CLEAN WATER FUND GRANT AGREEMENT NO.
SG-13457, WATER EFFICIENCY GRANT, BETWEEN THE CITY OF HOPKINS AND THE
METROPOLITAN COUNCIL
WHEREAS, the Metropolitan Council has established a water efficiency grant program to provide
funding assistance for homeowner purchases of qualifying appliances or irrigation system upgrades;
and
WHEREAS, the City of Hopkins has applied for a grant and has been awarded a grant of $19,000 to
assist Hopkins residents in purchasing water and energy efficient washing machines and toilets or
irrigation system upgrades:
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hopkins:
That the Clean Water Fund Grant Agreement No. SG-13457 is hereby approved for execution.
That the City of Flopkins will provide 25% matching funds, not to exceed �6,333.
III. That the Public Works Director is authorized and directed to execute said grant agreement
and serve as official liaison with the Metropolitan Council or its authorized representative.
Adopted by the Hopkins City Council on this 17t'' day of December, 2019.
L_i1
Jason Gadd, Mayor
ATTEST:
Amy Domieier, City Clerk
City of Hopkins — Water Efficiency Grant Program
Communications Plan
Social Media
• Washing Machine
o Has your washing machine spun its last load of laundry? The City of Hopkins is
offering rebates to Hopkins residents and property owners who upgrade to an
Energy Star-certified washing machine. Learn more about the Water Efficiency
Rebate program on our website at www.hopkinsmn.com/water-efficiency-rebates.
(post with photo of new washing machine)
o Kids=Lots of dirty laundry. Energy Star-certified clothes washers use 25 percent
less energy and approximately 33 percent less water than standard models!
Upgrade to a new Energy Star-certified washing machine and receive a 75 percent
rebate from the City of Hopkins (not to exceed $500). Find more information
about the City's Water Efficiency Rebate program on our website at
www.ho kinsmn.com/water-efficienc -rebates. (post with photo of happy kids
wearing dirty clothes)
• Toilet
o Did you know that some older toilets can use up to SIX gallons of water with
every flush? Replacing an older model toilet with a new high efficiency toilet can
greatly decrease your household's water usage. Even better: Hopkins residents
and property owners can now request a 75 percent rebate of a new EPA
WaterSense-certified toilet (not to exceed $500). Learn more on our website at
www.hopkinsmn.com/water-efficiency-rebates. (post with photo of toilet)
o Fun fact; Toilets are the main source of water use in the home, accounting for
nearly 30 percent of an average home's indoor water consumption. Replacing that
old, leaky toilet with a new WaterSense-certified toilet can save nearly 13,000
gallons of water every year! Learn how you can request a Water Efficiency
Rebate for 75 percent of the cost of a new WaterSense-certified toilet on our
website at www.hopkinsmn.com/water-efficiency-rebates. (post with photo of
`Zook. for WaterSense " logo)
Irrigation System
o Watering your lawn in the suinmer can be costlyi Save money AND water by
upgrading to a WaterSense-certified irrigation system with a rebate from the City
of Hopkins. Learn more about the Water Efficiency Rebate program on our
website at www.hopkinsmn.com/water-efficiency-rebates. (post with photo of
green lawn/sprinklers)
o We know those sprinklers aren't just for watering the lawni The City of Hopkins
is now offering rebates for WaterSense-certified irrigation system upgrades for
when you need to save a little money on your water bill. Learn more about the
Water Efficiency Rebate program on our website at www.hopkinsmn.com/water-
efficiency-rebates. (post with photo o.f'kids running through sprinkler)
Hopkins Connections Weekly Email Newsletter
(see example o.f newsletter at ht��s:/hvn>tiv.h��kinsr�z�z.com/Iist.�asLx?PRVMSG=229J
Water Efficiency Rebates Available for Hopkins and Property Owners
The City of Hopkins is now offering Water Efficiency Rebates to Hopkins property owners to
purchase and install products that reduce water use. Rebates are available for EPA WaterSense-
certified low-flow toilets, Energy Star-rated washing machines, WaterSense-certified irrigation
controllers and sprinkler body replacernents, and WaterS�nse Partner-certified irrigation system
audits. Limit one rebate per property owner. Learn more about the program and how to request a
rebate on our website here.
Hopkins Highlights Monthly Print Newsletter
(see example ofnewsletterat htt��s://tivww.lzol��insf��zi�.com/295/Hot�l;i�rs�-Hi�lali}latsj
Save Water, Request a Rebate!
The City of Hopkins is now offering V�ater Efficiency Rebates to Hopkins property owners to
lower the cost of the purchase and installation of products that reduce water use (limit one rebate
per property owner).
Rebates are available for:
� Energy Star-certified washing machines: 75 percent rebate, not to exceed $500
+ EPA WaterSense-certified low-flow toilets: 75 percent rebate, not to exceed $150
� EPA WaterSense-certified irrigation controller replacement: 75 percent rebate, not to
exceed $400
■ EPA WaterSense-certified sprinkler body replacements: 75 percent rebate, not to exceed
$400 per system
• EPA WaterSense-certified irrigation system audits: 75 percent rebate, not to exceed $200.
To request a rebate, property owners must submit the name of purchaser, an invoice showing the
purchase of a qualified item and the address where the item has been installed via mail to
Hopkins Public Works, c/o VVater Efficiency Rebates, 11100 Excelsior Boulevard, Hopkins, MN
55343, or via email to waterefficiencyrebates(�a_,hopkinsmn.com.
Homeowners are encouraged to get pre-approved before making a purchase to ensure rebate
eligibility. Documents showing a qualified purchase must be submitted within 60 days.
More information about the program is available on our website at www.hopkinsmn.com/water-
efficiency-rebates.
Website
(Newpage would linkfrom Water & Sewer webpage: www.ho; ki�isrra�7.coi�z/415/Wate�•-Sewer•]
Water Ei�ciency iZebates
The City of Hopkins is now offering Water Efficiency Rebates to Hopkins property owners to
lower the cost of the purchase and installation of products that reduce water use (limit one rebate
per property owner).
Qualifying Items & Rebates
Water Efficiency Rebates are available for:
• Ener�� Star-certified washin:� machines: 75 percent rebate, not to exceed $500
• EPA WaterSense-certified low-flow toilets: 75 percent rebate, not to exceed $150
• EPA WaterSense-certified irri�ation controller re��lacement: 75 percent rebate, not to
exceed $400
• EPA WaterSense-certified s�7rinkler bod�• reizlacements: 75 percent rebate, not to exceed
$400 per system
•� EPA WaterSense-certified irri��ation s� stein audits: 75 percent rebate, not to exceed $200.
Request a Rebate
To request a rebate, Hopkins property owners must submit:
• Name of purchaser
• Invoice showing the purchase of a qualified item
• Address where the qualified item has been installed.
Homeowners are encouraged to get pre-approved before making a purchase to ensure rebate
eligibility. Documents showing a qualified purchase must be submitted within 60 days.
Requests should be submitted by mail to:
Hopkins Public Works
c/o Water Efficiency Rebates
11100 Excelsior Boulevard
Hopkins, MN 55343
Or by email to:
waterefficienc_ ebates whopkinsmn.com.
About the Program
The City of Hopkins Water Efficiency Rebate program is made possible by grants from the
Metropolitan Council.
The grant covers rebates for:
• 30 Energy Star-certified washing machines
• 30 EPA WaterSense-certified low-flow toilets
• 6 EPA WaterSense-certified irrigation controller replacement
• b EPA WaterSense-certified sprinkler body replacements
• 6 EPA WaterSense-certified irrigation system audits.
Rebates are available until the funds have run out or the program expires on June 30, 2022.
Learn more about the Metropolitan Council's Water Efficiency Grant Pro�rain on the
Metropolitan Council website.
Contact Us
Hopkins Public Works
c/o Water Efficiency Rebates
11100 Excelsior Boulevard
Hopkins, MN 55343
Phone: 952-548-6351
waterefficiencyrebates @hopkinsmn. com
METROPOLITAN COUNCIL
CLEAN WATER FLJND GRANT AGREEMENT NO. SG-13457
This Clean Water Fund Grant Agreement ("Grant Agreement"} is entered into between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota ("CounciP') and the City of
Hopkins, a municipal corporation ("Grantee").
RECITALS
l. Minnesota Session Laws 2019, lst Special Session, chapter 2, article 2, section 9, appropriated to
the Council funds from the Legacy Amendment's Clean Water Fund {"Clean Water Fund") for State fiscal
years 2020 and 2Q21, to establish a water demand reduction grant program that encourages implementation of
water demand reduction measures in municipalities in the seven-county metropolitan area.
2. The Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 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
seven-county metropolitan area to ensure reliability and protection of drinking water supplies.
4. On July 10, 2019, the Council authorized the granting of portions of the appropriation to the
Grantees participating in the grant 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 Council.
GRANT AGREEMENT
Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date this agreement is fully
executed.
1.2. Grant Activity Period. The first day of the month following 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,
2022.
1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 1 l. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
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 and in accordance
with the terms and conditions of this Grant Agreement the program ("Grantee Program") which is
described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant
program. Grantee's application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees
to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement
and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility
and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no
representation or warranties with respect to the success and effectiveness of the Grantee Program. The
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, as described in
Exhibit B.
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 represents and warrants to Council, as
follows:
A. It has the legal authority to enter into this Grant Agreement and to conduct and administer
the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement
B. It has taken all actions necessary for its execution of the Agreement and has provided to
Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement.
C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the
Grantee's financial responsibilities in Exhibit B
D. As specified in Exhibit A only Grantee's authorized representative may provide certifications
required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs.
E. It will comply with all the terms of this Agreement.
F. It will comply with all requirements of Clean Water Funding legislation and appropriations,
except for requirements that this Grant Agreement explicitly states will be handled by the Council.
G. 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.
H. 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 to perform any of the acts required of it in the Agreement.
2
I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach
of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound.
J. 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.
K. 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.
L. It will comply with the financial responsibility requirements contained in Exhibit B.
M. It will furnish satisfactory evidence regarding these representations if requested by the
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 C�sts.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee for 75% of
rebate or grant payments as defined in Exhibit B. The Council will not reimburse Grantee 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 Council will reimburse Grantee for eligible costs performed by the Grantee
during the Grant Period as specified in this agreement. The Council bears no responsibility for any cost
overruns that may be incurred by the Grantee or sub-recipients of any tier. The initial Grant amount to
Grantee under this Grant Agreement is $19,000.00. The Grantee may be eligible to receive additional
Grant amounts or an adjustment in Grant amount in accordance with the procedure in the Grant
Amendment Form attached and incorporated as Exhibit C. Upon signature by both Grantee and Council
on Exhibit C this Grant is amended by the amount in Exhibit C.
5.2. Advance. The Council will make no advance of the Grant Amount to Grantee.
5.3. Payment. To receive payment, the Grantee must submit a Reimbursement Request/Progress
Report on forms provided by the Council, including electronically scanned receipts to verify the cost of
eligible devices reported for each reporting period. Reimbursement Request/Progress Reports must be
submitted quarterly, even if there are no eligible costs to report. The Grantee must describe its compliance
with its the financial requirements, work completed including specific addresses where work was done,
and provide sufficient documentation of grant eligible expenditures and any other information the Council
reasonably requests. The Council will promptly pay the Grantee after the Grantee presents to the Council
a Reimbursement Request/Progress Report and scanned copies of all receipts verifying the cost for all
eligible devices reported and the Council's Authorized Representative accepts the invoiced services.
6.
7
Conditions of Payment.
6.1. For each approved device for which Grantee requests payment, Grantee must certify the following
to the Council: (1) the device has been purchased ;(2) Grantee received receipts for the device; {3) the
purchase was not performed in vioiation of federal, Council, or local law, or regulation.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Council to make
reimbursement payments is subject to the following conditions precedent:
A. The Cout
requested, and electronic
period
�il's receipt of a Reimbursement Request/Progress Report for the funds
copies of receipts verifying the cost for all eligible devices for that reporting
B. If requested by the Council {in form and substance acceptable to the Council), evidence
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 and enforceable against the Grantee.
C. There is 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.
D. The Grantee has supplied to the Council all other items that the Council may reasonably
require to assure good fiscal oversight of state's funding through the Clean Water Fund.
Authorized Representative.
The Council's Authorized Representative is:
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.davis czmetc.state.mn.us
The Council's Authorized Representative 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
Council's Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is:
Name: Steve Stadler
Title: Public Works Director
Mailing Address: 11100 Excelsior Blvd
Hopkins, MN 55343
Phone: 952-548-6350
E-Mail Address: sstadler�ca<�hoqkinsmn.com
If the Grantee's Authorized Representative changes at any time during this Grant Agreement, the Grantee
must immediately notify the 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 written consent of the Council and a fully executed Assignment Agreement.
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 appropriate parties.
83 Waiver. If the 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 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 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 respansible for the acts of the
other party and the results thereof. The liability of the Council is governed by the Minn. Stat. Chapter 466
and other applicable laws. The liability of the Grantee is governed by the provisions contained in
Chapter 466 and other applicable laws.
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
between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the 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 Council related to the work of the Grantee Program and shall not be
considered employees of the 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 Council. Such
personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any
kind whatsoever from the 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 subject to examination by the Council and/ar the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
�7
11. Government Data Practices.
The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Chapter 13, as it applies to all data provided by the 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 CounciL If the Grantee receives a request to release the data
referred to in this Clause, the Grantee must immediately notify the 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 Council
employees. Any claims that may arise under the Minnesota VVorkers 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 empioyees are in no way the 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
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.
Data collected by the Grantee Programs, if any, funded with money from the Clean �Vater 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 iVI�1.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 af these data that adheres to the Office of MN.IT Sen�ices
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.
14. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreeme�t. Venue for
all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal
court of competent jurisdiction in Ramsey County, Minnesota.
�
15. Termination.
The 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 Council, to federal and state tax agencies and Council personnel involved in the payment of 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 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 must be personally served or sent by email or United States mail, to the
business address of the party to whom it is directed. The business address is the address specified below
or such different address as may be specified, by either party by written notice to the other:
To the Grantee at:
Name: Steve Stadler
Title: Public Works Director
Mailing Address: 11100 Excelsior Blvd
Hopkins, MN 55343
Phone: 952-548-6350
E-Mail Address: sstadler�a: hopkinsmn.com
To the Council's Authorized Representative at:
Name: Brian Davis or successor
Title: Senior Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: b51-602-1519
E-Mail Address: brian.davis(iz-:metc.state.mn.us
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the 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 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. Grantee certifies to the Council that there was and is no
7
traditional Grantee sources of funding for the City to help fund one-fourth of the subject water
efficiency rebate or grant work.
18.3 Measurable Outcomes. If requested by 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 Minn. Stat. § 3.303, subdivision 10, as soon as practicable and forwarded to the 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 praposed measurable outcomes and all other items required under section 3.303,
subdivision 10, to the Council and, if requested by the Council, the Legislative Coordinating
Commission as soon as practicable ar by January 15 of the applicable fiscal year, whichever comes
first.
18.4 Minn. Stat. § 1bB.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 under Minn. Stat. § i 14D.50, the Grantee will when practicable in accordance with Minn.
Stat. § 114D.50, subd. 4(f) prominently display on the Grantee's website home page the Legacy logo
accompanied by the phrase "Click here for more information." When a person clicks on the Legacy
logo image, the website must direct the person to a web page that includes both the contact
information that a persan 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 2019, lst Special Session, chapter 2,
article 2, section 9.
18.8 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.
18.9 Disability Access. Whe�e 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.
8
18.10. General Provisions.
(i} Grants. The Grantee shall implement this Grant Agreement according to Mirulesota
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 illegally 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 2019 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
notice to Grantee of ternunation or unavailability of such funds, have no further obligations for
reimbursement or otherwise under this Grant Agreement. In the event of such written notice,
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 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 Council.
Enforce any additional remedies the Council may have at law or in equity.
IN WITNESS WAEREOF, the parties have caused this agreement to be executed by their duly
authorized re�resentatives.
�'7
METROPOLITAN COUNCIL
By:
Regional Administrator, successor, or delegate
Date:
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.
:
Printed Name and Title
Date:
10
EXHIBIT A
(Application fram community)
Metropolitan Council Water Efficiency Grant Application Form
Applicant Information:
Municipality: City of Hopkiris
Municipal Utility: Clty of HOpkins
Mailing Address: 11100 Excelsior Blvd, Hopkins, MN 55343
Primary Contact Information: Municipality primary authorized representative (all correspondence
regarding the Water Efficiency Grant Program should be addressed to individual named below):
NAME: Steve Stadler
TITLE: Public Works Director
STREET: 11100 Excelsior Blvd
CITY, Z�: Hopkins 55343
PHONE: 952-548-6350
EMAIL: sstadler@hopkinsmn.com
Secondary Contact Information: Municipality secondary authorized representative:
NAME: Sean Moilanen
TITLE:
STREET:
CITY, ZIP:
PHONE:
EMAIL:
Utilities Foreman
11100 Excelsior Blvd
Hopkins 55343
952-548-6353
smoilanen@hopkinsmn.com
Municipal Total Per Capita Water Use (2018): 98•6 (gallons per person-day)
Municipal Residential Per Capita Water Use (2018): 78•5 (gallons per person-day)
h 20 8 . 1.67
Mumcipal Ratio of Peak Month to Wmter Mont Water Use ( 1).
2 000,000
Municipality's estimated annual water savings from proposed program: � �gallons)
Municipal Utility Grant or Rebate Program Design:
Requested Grant Amount (must equal 75% of total program budget): $ 48,000 �
Required Utility Matching Amount (must equa125% of total program budget): $16,000
Will your program be a grant program or rebate program? Rebate
Estimated Number of Items:
Item Estimated Number
Toilets 75
Irrigation Controllers 15
Clothes Washing Machines 75
Irrigation Spray Sprinkler Bodies 15
Irrigation System Audits 6
Project Work Plan and Schedule:*
Task Description Responsible Start Date Completion
Person Date
Create rebate program, obtain City Public Works
Council/Mayor approval, sign agreement with Director
Met Council
Promote program on City social media outlets Hopkins
(Facebook, Twitter and Nextdoor), in City Communications
e-newsletter, website content, and hardcopy Coordinator
newsletter.
Program administration including: responding Public Works
to phone call and emaii inquiries, receiving Administrative
rebate requests and issuing rebate checks Staff
Quarterly reporting to Met Council Public Works
Administrative
Staff
* Municipal utility may create own project plan and schedule torm
Communications to Property Owners:
How will your program be advertised (check all that apply):
Newsletter ✓�
Print Media II
Email ❑✓
Twitter ❑✓
Website ✓❑
Radio ❑
Television �
Facebook ❑✓
Nextdoor �
Other Social Media ❑
Please attach examples of proposed newsletter, print media, or email communications
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
• Combined Council and municipality funds cannot pay for 100% of an eligible activity's cost
• A portion of each eligible activity's cost must be paid by the property owner
• Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the
Metropolitan Council logo on program-related web pages and paper communications
0
EXHIBIT B
Clean Water Fund Grant Program Overview & Goal, Structure, and Qualified Activities (should anything herein be
contradicted by the Agreement language, the Agreement terms prevail).
Overview
The Metropolitan Council {Council) will implement a water efficiency grant pragram effective September 30, 2019 to
lune 30, 2022. 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%. Municipalities will
use the combined Council and municipality funds to run their own grant or rebate programs.
6rants wi11 be made avaflable in amounts with a minimum of $2,000 and a maximum of $50,OQ0. Grantees will be
required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment
reporting purposes.
Legislative Directive - Minnesota 2019 Session Law
$375,000 the first year and $375,000 the second year are for the water demand reduction grant program to
encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the
reliability and protection of drinking water supplies. Fiscal year 2020 appropriations are available until June 30,
2021, and fiscal year 2021 appropriations are available until June 30, 2022.
Grant Program Goal
The goal of the water efficiency grant program is to support technica! 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
• Combined Council and municipaiity funds cannot pay for 100% of an eligible activity's cost
• A portion of each eligible activity's cost must be paid by the property owner
• Grant recipients must dispiay the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council
logo on program-related web pages and paper communications
Grant Program Structure: Administration and Funding
The Water Efficiency Grant Program wiil be administered by Metropolitan Council Environmental Services {MCES) and
will be funded with $750,000 appropriated by the 2019 Minnesota Legislature. 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 approved 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 and operation of their rebate or grant program and its
details. Grant r�avments to the municiqalitv will be for 75% of ap�roved pro�ram amounts. The municipalitv must
provide the remainin� 25% of the �ro�ram cost. Municipality rebates or grants are eligible for reimbursement on device
replacements conducted September 30, 2019 through June 30, 2022.
Here is an example showing the grant funding design:
1'�etropolitanGouncii t�rantAmounfi $'15,000
Municipality Match $5,000
Municipality GrantlRebate Program Totai $20,000
Eligibility
Per legislative language, the grant program is limited to municipalities in the seven-county metropolitan area.
Municipalities 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 municipalities:
• Entirely pass through grants received {as is being done by MCESj
• Verify purchase of devices to receive grants
• Retain records and cooperate with any audits
• Conduct 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
• Provide quantitative information for state reporting purposes
Eligible water efficiency devices consist of the following:
• Toilet replacement with a US EPA WaterSense labeled toilet
• Irrigation controller replacement with a US EPA WaterSense labeled controller
• Clothes washing machine replacement with an US DOE Energy Star labeled clothes washing machine
� Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body
• Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program
Expenses eligible for reimbursement 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 September 30, 2019. Required information
includes:
o the municipality's rebate or grant program design and work plan
o proposed examples of communications to property owners
o requested total grant amount
o estimated annual amount of water saved by the applying municipality
• Application form is available at: htt�as:;%metrocouncil.or�IWastewater-Water Fundin�-FinancelAvailable-
F u nd i n�-6 ra nts. a scax
• Submit competed application to: brian.davis@metc.state.mn.us
• Metropolitan Council will notify municipalities of grant awards and provide grant agreements by December 2,
2019.
Proposal Selection Criteria
In the event that funds requested exceed funds available, the following criteria will be used to determine the amount
granted to a given municipality:
• Municipalities that are supplied 1Q0% with groundwater
• Municipaiities with identified water supply issues in Master Water Supply Plan Community Profiles or Local
Water Supply Plans
• Municipalities' ratio of peak monthly water use to winter monthly water use
• Municipalities' average residential per capita water use
• The order in which appfications are received and until grant funds are completely committed
Funding Process and Reporting Requiremen#s
• 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 device installation
o Municipality matching funds disbursed
o Number of unmet funding requests from property owners, if any
Upon review and confirmation of the above information, 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 replacement with a US EPA WaterSense labeled toilet:
htt : www.e a. ov WaterSense roduct search.html
• Irrigation controller replacement with a US EPA WaterSense labeled controller:
httos:�lwww.eua.�ovlwatersensel�roduct-search
• Clothes washing machine repiacement with an US DOE Energy Star labeled clothes washing machine:
htt s: www.ener star. ov roductfinder roduct certified-clothes-washers results
• Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body
httpsJlwww.epa.�ovlwatersenselp roduct-search
• Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program
https:llwww.e�a.�ovlwate rsenselfind-p ro
Reporting Example
Esc.
Annuai
Water
Rebate (Gal)
orGrent Saved Total Eligible
Cost per # of per Per Rebate or Municipality Grant
Community Pro;�errtyStreetAddress Pro¢�ertyT�pe DeviceReplaced Device Devices Device Device Grant Contribution Amount
Anytown 6>e � Ivis St Residential Clothes Washer $624.60 1 $150.00 3,000 $150.00 $37.50 $112.50
Anytown 1952Ingram Wa Residential Irri ation Controller $199.99 1 $100.00 8,800 $100.00 $25.00 $75.00
Anytown 630 Gibbons Ave Residential Clothes Washer $599.90 1 $150.00 3,000 $150.00 $37.50 $112.50
Anytown 4424Barri erBl�d Residential Toilet $168.00 1 $50.00 4,000 $50.00 $12.50 $37.50
EXHIBIT C Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2019 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANT AMENDMENT FORM
NOTICE TO GRANTEE: Submission of this form is required to modify your city's agreement with Metropolitan
Council Environmental Services (MCES) 2019 Clean Water Fund Water Efficiency Grant program (Grantee
Program).
After determination of your city's initial grant amount, 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 C to MCES, with
an attachment itemizing requests for changes to prior granted amounts.
2. Upon receipt of signed Exhibit C, MCES Program Administrator obtains Council authorized signatures
that modifies the agreement and returns a fully signed capy of Exhibit A indicating new grant amount to
City's designated authorized representative.
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 less 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 less 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 Authorized Representative:
Brian Davis
MCES Senior Engineer
390 Robert Street North
St. Paul, MN 55101-1805
Phone: (651) 602-1519
Email: brian.davis�:u. metc.state.mn.us
2