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IV.4. Resolution Approving Grant for Water Efficiency CITY OF HOPKINS City Council Report 2024-080 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Mikala Larson, Sustainability Specialist Date: July 9, 2024 Subject: Resolution Approving Grant Agreement Regarding the 2024-2026 Water Efficiency Grant _____________________________________________________________________ RECOMMENDED ACTION MOTION TO adopt Resolution 2024-043, Resolution Approving Grant Agreement regarding the 2024-2026 Water Efficiency Grant between the Metropolitan Council and the City of Hopkins OVERVIEW The City of Hopkins has been awarded a $31,000 water efficiency grant from the Metropolitan Council, effective July 1, 2024-June 30, 2026. 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. The City will provide a 20% match equaling $7,750. The City of Hopkins is one of 41 cities in the Twin Cities Metropolitan Area that applied for and was accepted into the program. Funds will be made available to the community in fall 2024. Through the program, the City estimates a savings of 1,300,450 gallons of water annually. The program will be open to property owners who are customers of the municipal water supply system, and who replace specified water-using devices with approved devices, including US EPA WaterSense and US DOE Energy Star labeled devices. Toilets, showerheads, clothes washing machines, dishwashers, irrigation controllers, irrigation spray sprinkler bodies and irrigation system audits will be eligible expenses. Projects at new construction and new developments are ineligible, as this program is intended to replace current infrastructure. The City will launch a promotional campaign to inform the community of the program. This is a follow up to information shared during the May 7, 2024 Sustainability Update to City Council. SUPPORTING INFORMATION • Resolution 2024-043 • 2024-2026 Water Efficiency Grant Agreement Engineering CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2024-043 RESOLUTION APPROVING GRANT AGREEMENT REGARDING THE 2024-2026 WATER EFFICIENCY GRANT WHEREAS, the Metropolitan Council will implement a water efficiency grant program effective July 1, 2024 to June 30, 2026 to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies; and WHEREAS, the City of Hopkins was notified by Letter of Acceptance to receive an award of $31,000 through the 2024-2026 Water Efficiency Grant Program; and WHEREAS, the Grant Agreement has been reviewed by the City Attorney; and WHEREAS, the City Council finds that it is appropriate to accept the grant awarded and the City Manager or his designee is authorized to execute the Grant Agreement. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby accepts the grant described above. Adopted by the City Council of the City of Hopkins this 9th day of July, 2024. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk 1 METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT Recipient: City of Hopkins Grant No.: SG-21416 Council Action: 2024-121 Maximum Grant Amount: $31,000 Recipient Match: $7,750 (20% of program total) Recipient’s Authorized Representative: Name: Mikala Larson 1010 1st St S Hopkins, MN 55343 Phone: 952-548-6368 Email Address: mlarson@hopkinsmn.com 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 (“Met Council”) and the Recipient named above. RECITALS 1. Minnesota Session Laws 2023, Chapter 40, Article 2, Section 8(b), appropriated to the Met Council $1,500,000 in funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal years 2024 and 2025, for water demand reduction grants to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies. 2. The Met 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 Recipient is authorized to receive grants from the Clean Water Fund for a water demand reduction program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. 4. On May 22, 2024, the Met Council authorized the granting $1,100,000 of the appropriation to the Recipients participating in the grant program. 5. The Recipient 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. 2 GRANT AGREEMENT 1. 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 Grant Activity Period runs from the Effective Date through the Expiration Date. 1.3. Expiration Date. The Expiration Date is the earlier of Recipient’s satisfactory fulfillment of obligations or June 30, 2026. 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 Venue; • 16. Data Disclosure; and • 18.7 Future Eligibility. 2. Duties, Representations and Warranties of Recipient and Use of Grant Funds. 2.1. The Recipient will conduct, administer and complete in a satisfactory manner and in accordance with the terms of this Grant Agreement the program (“Recipient Program”) which is described in Recipient's application to the Met Council for assistance under the Met Council's Clean Water Fund grant program. The Recipient’s application is incorporated into this Grant Agreement as Exhibit A. Recipient will perform the Recipient Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B which is incorporated into this Grant Agreement. The Recipient must complete the Recipient Program as described in Exhibits A and B. The Met Council makes no representation or warranties with respect to the success and effectiveness of the Recipient Program. The Met Council acknowledges that Recipient Program work may be limited to soliciting participation by its residents and businesses in the Recipient Program and requires additional work by the Recipient only to the extent that residents and businesses choose to participate in the Recipient 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. Recipient Representations and Warranties. The Recipient represents and warrants to Met Council, as follows: A. It has the legal authority to enter into this Grant Agreement and to conduct and administer the Recipient Program and use the Grant Funds for the purpose or purposes described in this Agreement 3 B. It has taken all actions necessary for its execution of the Agreement and has provided to Met Council a copy of the resolution by its governing body authorizing Recipient to enter into this Agreement. C. It has the legal authority to undertake the Recipient Program, including the Recipient’s financial responsibilities in Exhibit B. D. Only its Authorized Representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Recipient Program costs. E. It will comply with all the terms of this Grant 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 Met 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 Met 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 Met 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. 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 Recipient 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 Recipient Program will be conducted in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or political subdivisions having jurisdiction over the Recipient 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 Met Council. 3. Time. Recipient must comply with all time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4 4. Eligible Costs. Eligible costs are those costs incurred by parties within the jurisdiction of the Recipient for 80% of rebate or grant payments as defined in Exhibit B. The Met Council will not reimburse Recipient for non-eligible costs. Any cost not defined as an eligible cost or not included in the Recipient Program or approved in writing by the Met Council is a non-eligible cost. 5. Consideration and Payment. 5.1 Consideration. The Met Council will reimburse the Recipient for eligible costs performed by the Recipient during the Grant Activity Period up to the Maximum Grant Amount as specified in this agreement. The Met Council bears no responsibility for any cost overruns that may be incurred by the Recipient or any sub-recipients. The Recipient may be eligible to receive additional grant amounts or an adjustment of the Maximum Grant Amount in accordance with the procedure in the Grant Amendment Form attached and incorporated as Exhibit C. A fully executed Exhibit C will amend this Grant by the amount in Exhibit C. 5.2. Advance. The Met Council will make no advance of the Grant Amount to Recipient. 5.3. Payment. To receive payment, the Recipient must submit a Reimbursement Request on forms provided by the Met Council, including electronically scanned receipts to verify the cost of eligible devices reported for each reporting period. Reimbursement Request must be submitted quarterly, even if there are no eligible costs to report. The Recipient 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 Met Council reasonably requests. The Met Council will promptly pay the Recipient after the Recipient presents to the Met Council a Reimbursement Request 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. For each approved device for which Recipient requests payment, Recipient must certify the following to the Met Council: (1) the device has been purchased during the Grant Activity Period; (2) Recipient received receipts for the device; and (3) the purchase was not performed in violation of federal, state, or local law, or regulation. 6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make reimbursement payments is subject to the following conditions precedent: A. The Met Council’s receipt of a Reimbursement Request/Progress Report for the funds requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting period; B. If requested by the Met Council (in form and substance acceptable to the Met Council), evidence that (i) the Recipient 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 Recipient; 5 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; and D. The Recipient 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: Name: Henry McCarthy or successor Title: Senior Environmental Scientist Mailing Address: 390 North Robert Street St. Paul, MN 55101 Phone: (651) 602-1946 E-Mail Address: henry.mccarthy@metc.state.mn.us The Met Council’s Authorized Representative has the responsibility to monitor the Recipient’s performance and the authority to accept the services provided under this Grant Agreement. If the services are satisfactory, the Met Council’s Authorized Representative will certify acceptance on each invoice submitted for payment. The Recipient’s Authorized Representative is noted on the first page of this Grant Agreement. If the Recipient’s Authorized Representative changes at any time during this Grant Agreement, the Recipient 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, Grant Agreement Complete, and Order of Precedence. 8.1 Assignment. The Recipient may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the Met Council and a fully executed Assignment Agreement. 8.2 Amendments. Except as provided in this Section 8.2, 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. If requested by the Recipient in writing, the Met Council may at its sole discretion authorize in writing a minor change to the Recipient Program in Exhibit A without a formal executed amendment to this Grant Agreement. 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 Agreement Complete. This Grant Agreement contains all negotiations and agreements between the Met Council and the Recipient. No other understanding regarding this Grant Agreement, whether written or oral, may be used to bind either party. 8.5 Order of Precedence. This Grant Agreement will be interpreted in the following order of precedence: (1) Grant Agreement excluding exhibits; 6 (2) Exhibit B; and (3) Exhibit A. 9. Liability and Insurance. 9.1 Liability. The Recipient and the Met Council are each responsible for their own acts and the acts of their employees and the results thereof. To the extent authorized by law, a party is not responsible for the acts of the other party and the results thereof. The liability of the Parties is governed by Minnesota Statutes Chapter 466 and other applicable laws. Neither Party waives any applicable limits on liability or immunities. 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 Recipient and the Met Council, nor will the Recipient be considered or deemed to be an agent, representative, or employee of the Met Council in the performance of this Grant Agreement, or the Recipient Program. The Recipient 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 Recipient Program. All personnel of the Recipient or other persons while engaging in the performance of this Grant Agreement or the Recipient Program will not have any contractual relationship with the Met Council related to the work of the Recipient Program and will 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 Recipient, its officers, agents, contractors, or employees will in no way be the responsibility of the Met Council. Such personnel or other persons may 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 Recipient’s books, records, documents, and accounting procedures and practices relevant to this Grant Agreement are subject 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 Recipient 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 Recipient 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 Recipient or the Met Council. If the Recipient receives a request to release the data referred to in this Clause, the Recipient must immediately notify the Met Council. 7 12. Workers’ Compensation. The Recipient certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Recipient’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 Met Council, Recipient agrees to comply with Minn. Stat. § 114D.50, subd. 5 requirements for data collected by the Recipient 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 Recipient Programs funded with money from the Clean Water Fund should be readily accessible on the internet and identified as a Clean Water Fund Recipient Program. The Met Council will put overall summary information on the internet and will encourage the Recipient put its city information on the web. Recipient understands and agrees that Met Council may list its name and summary information on the internet or in any other Grantor reporting. Data collected by the Recipient Program, 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 Department of Information Technology 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 Department of Information Technology 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 projects funded with money from the clean water fund should be readily accessible on the Internet and identified as a clean water fund project. 14. Governing Law, Jurisdiction, and Venue. This Grant Agreement will be construed and enforced under the laws of the State of Minnesota without regard to its conflict of law provisions. The venue for any legal proceedings arising out of this Grant Agreement will be the appropriate state or federal court 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 Recipient. Upon termination, the Recipient 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 Recipient 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 tax agencies and Met Council personnel involved in the 8 payment of Met Council obligations. Recipient will require compliance with this Section 16 by Recipient’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 must be personally served or sent by email or United States mail, to the Authorized Representative of the party to whom it is directed. 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 1 5 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 Recipient 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 Recipient Program, and other appropriate outcomes of the Recipient 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. Recipient certifies to the Met Council that there was and is no traditional Recipient sources of funding for the City to help fund 80% of the subject water efficiency rebate or grant work. 18.3 Measurable Outcomes. A Recipient 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 Recipient Program or program receiving funding from the Clean Water Fund must include measurable outcomes, as defined in Minn. Stat. § 3.303, subdivision 10, and a plan for measuring and evaluating the results. A Recipient Program or program must be consistent with current science and incorporate state-of-the-art technology. All information for funded Recipient 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 Met Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303, subd. 10. The Recipient must compile and submit all information for funded Recipient Programs or programs, including the proposed measurable outcomes and all other items required under Minn. Stat. § 3.303, subdivision 10, to the Met Council and, if requested by the Met 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 Recipient Programs that benefit Minnesota waters. 18.6 Website. If the Recipient has information on its website about the water efficiency grant program under Minn. Stat. § 114D.50, the Recipient will when practicable in accordance with Minn. Stat. § 114D.50, subd. 4(f) prominently display on the Recipient’s website home page the Legacy logo accompanied by the phrase "Click here for more information." When a person clicks 9 on the Legacy logo image, the website must direct the person to a web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Met 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 Recipient satisfying all application requirements related to Met Council’s fulfillment of Minn. Stat. § 114D.50 as well as any additional requirements contained in 2021, 1st Special Session, Chapter 1, Article 2, Section 8. 18.8 Prevailing Wages. The Recipient 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 177.50, as they may be amended, modified or replaced from time to time with respect to the Recipient Program. By agreeing to this provision, the Recipient is not acknowledging or agreeing that the cited provisions apply to the Recipient Program. 18.9 Disability Access. Where appropriate, Recipient 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. 18.10. General Provisions. (i) Lawsuit. This Grant shall be canceled if a court determines that the appropriation illegally substitutes for a traditional source of funding. (ii) Termination Due to Lack of Funds. Recipient recognizes that Met Council’s obligation to reimburse Recipient for eligible Recipient Program costs is dependent upon Met Council’s receipt of funds from the State of Minnesota appropriated to Met Council under 2023 Session Law, Chapter 40, Article 2, Section 8(b). Should the State of Minnesota terminate such appropriation or should such funds become unavailable to Met Council for any reason, Met Council shall, upon written notice to Recipient 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, Recipient has no further obligation to complete the Recipient Program as required by this Grant Agreement. 18.11. Counterparts and Electronic Signatures. This Grant Agreement may be executed in any number of counterparts, each of which when executed will be deemed to be an original and the counterparts will together constitute one agreement. A copy of this Grant Agreement, including its signature pages, will be binding and deemed to be an original. Electronic signatures using Adobe Sign or a similar program will be deemed an original signature. 19. Default and Remedies. 19.1 Defaults. The Recipient's failure to fully comply with any of the provisions contained in this Grant Agreement constitute an event of default ("Event of Default"). 10 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 Recipient shall repay such amount to the Met Council; and 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. METROPOLITAN COUNCIL By: ________________________________ Regional Administrator, successor, or delegate Date: _______________________________ RECIPIENT: The Recipient certifies that the appropriate person(s) have executed the this agreement on behalf of the Recipient as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________ _____________________________________ Printed Name and Title Date: _______________________________ EXHIBIT A (Application from community) Page - 1 2024 – 2026 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM APPLICATION FORM updated 02/08/2024 Applicant Information: MUNICIPALITY: MUNICIPAL UTILITY: MAILING ADDRESS: 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. In municipalities where only some neighborhoods or areas are served by a municipal public water supply system, only those served by the municipal public water supply system are eligible. If applicable, please specify what parts of your municipality would be eligible to receive rebates or grants: Primary Contact Information: Municipality primary authorized representative (all correspondence regarding the Water Efficiency Grant Program should be addressed to individual named below): NAME: TITLE: STREET: CITY, ZIP: PHONE: EMAIL: Page - 2 | METROPOLITAN COUNCIL Secondary Contact Information: Municipality secondary authorized representative: NAME: TITLE: STREET: CITY, ZIP: PHONE: EMAIL: Water Use and Savings Information: Municipal Total Per Capita Water Use, in gallons per person-day (2022): Municipal Residential Per Capita Water Use, in gallons per person-day (2022): Municipal Ratio of Peak Month to Winter Month Water Use (2022): Municipality’s estimated annual water savings from proposed program, in gallons: Page - 3 | METROPOLITAN COUNCIL Program Design: Requested Grant Amount (must equal 80% of total program budget): Required Municipality Matching Amount (must equal 20% of total program budget): Total Program Budget (Requested Grant Amount + Match): Example Calculation: Requested Grant Amount $16,000 (80% of total) Required Municipality Matching Amount $4,000 (20% of total) Total Program Budget $20,000 (100% of total) Will your program be a grant program or rebate program? Estimated Number of Items: Item Estimated Number Toilets Irrigation Controllers Irrigation Spray Sprinkler Bodies Irrigation System Audits Showerheads Clothes Washing Machines Dishwashers Page - 4 | METROPOLITAN COUNCIL Project Work Plan and Schedule:* Task Description Responsible Person Start Date Completion Date * Municipality may create own project plan and schedule form Page - 5 | METROPOLITAN COUNCIL Communications to Property Owners: How will your program be advertised (check all that apply): Newsletter Print media Email X (formerly Twitter) Website Radio Television Facebook Nextdoor Other social media Please attach examples of proposed newsletter, print media, or email communications. Critical Points to Remember: • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity’s cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications Item Est. # of Items Max. Rebate Amt. Est. Amt./Item Rqstd Grant Amt. (80%) Muni. Matching Amt. (20%) Est. Annual Water Savings (Gal) Toilets 60 200.00$ 12,000.00$ 9,600.00$ 2,400.00$ 360,000.00 Irrigation Controllers 50 200.00$ 10,000.00$ 8,000.00$ 2,000.00$ 440,000.00 Irrigation Spray Sprinkler Bodies 0 0 0 0 0 0 Irrigation System Audits 5 1,000.00$ 5,000.00$ 4,000.00$ 1,000.00$ 38,000.00 Showerheads 100 75.00$ 7,500.00$ 6,000.00$ 1,500.00$ 270,000.00 Clothes Washing Machi 50 150.00$ 7,500.00$ 6,000.00$ 1,500.00$ 250,000.00 Dishwashers 40 200.00$ 8,000.00$ 6,400.00$ 1,600.00$ 320,000.00 Totals 305 N/A 50,000.00$ 40,000.00$ 10,000.00$ 1,678,000.00 * Estimated Gallons Saved Annually based on the DNR's ESP Water report. Which they got these unit savings based on research by AWWA, EPA Water Sense and/or the Alliance for Water Efficiency - WaterSense Toilets save an average of 6,000 gallons per year - WaterSense Irrigation controller saves an average of 8,800 gallons per year - WaterSense Irrigation Audit saves an average of 7,600 Gallons per year - WaterSense Showerheads saves an average of 2,700 gallons per year - Energy Star Certified Cloths Washers save an average of 5,000 gallons per year - Energy Star Certified Dishwashers save an average of 8,000 gallons per year over handwashing Newsletter Content: Water Efficiency Rebates Available The Metropolitan Council, through funding from the Clean Water Land and Legacy Amendment, has awarded City of Hopkins a water efficiency grant. The grant makes funding available to Hopkins property owners to replace existing devices with specified water efficient products. Examples of eligible items are toilets, irrigation system audits, irrigation controllers, or showerheads labeled WaterSense, or ENERGY STAR-certified clothes washing machine or dishwasher. Funding is available July 1, 2024 through June 30, 2026. Apply on the website [insert website link]. Social media post: Save money and water by applying for a water efficiency rebate, made available by the Metropolitan Council, through funding from the Clean Water Land and Legacy Amendment. Rebates available for replacement of eligible products like toilets, showerheads, and dishwashers. Learn more on the website [inset website link]. 1 EXHIBIT B 2024 – 2026 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM GUIDELINES updated 06/06/2024 Overview The Metropolitan Council (Met Council) will implement a water efficiency grant program effective July 1, 2024 to June 30, 2026. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system. The Met Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will use the combined Met Council and municipality funds to run their own grant or rebate programs. Grants will be made available in amounts with a minimum of $5,000 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 2023 Session Laws $750,000 the first year and $750,000 the second year are for the water demand reduction grants to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies. Fiscal year 2024 appropriations are available until June 30, 2025, and fiscal year 2025 appropriations are available until June 30, 2026. 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 served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity’s cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible 2 • 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 Grant Program Structure: Administration and Funding The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (Environmental Services) and will be funded with $1,100,000 appropriated by the 2023 Minnesota Legislature. Grant applications will be reviewed and ranked Metropolitan Council Water Resources staff. The remaining $400,000 of this funding has been allocated to a different, equity-focused municipal water efficiency grant project. 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. In municipalities where only some neighborhoods or areas are served by a municipal public water supply system, only those served by the municipal public water supply system are eligible. Grants will be awarded to municipalities in amounts ranging from $5,000 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 payments to the municipality will be for 80% of approved program amounts. The municipality must provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are eligible for reimbursement on device replacements conducted during the Grant Activity Period. Here is an example of the grant funding design: Metropolitan Council Grant Amount $16,000 (80% of total) Municipality Match $4,000 (20% of total) Municipality Grant/Rebate Program Total $20,000 (100% of total) Eligibility This 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 Met 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 Environmental Services) • 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 3 • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather-based or soil moisture-based • 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 • Showerhead replacement with a US EPA WaterSense labeled showerhead • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher 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 served by a municipal public water supply system • Municipalities will submit Met Council supplied application form by March 29, 2024. 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: https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available- Funding-Grants.aspx • Submit competed application to: henry.mccarthy@metc.state.mn.us • Metropolitan Council will notify municipalities of grant awards by May 24, 2024. 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 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 applications are received and until grant funds are completely committed Funding Process and Reporting Requirements • Utilizing forms provided by Met Council, 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 4 • Upon review and confirmation of the above information, Met Council will process a grant payment in the amount of 80% of approved total rebates or grants for the reporting period. • Met Council 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 Activity Period. Qualified Activities • Toilet replacement with a US EPA WaterSense labeled toilet: https://lookforwatersense.epa.gov/products/Product-Search-Results-Toilets.html • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather-based or soil moisture-based: https://lookforwatersense.epa.gov/products/Product-Search-Results-IrrigationController.html https://lookforwatersense.epa.gov/products/Product-Search-Results- SoilMoistureBasedIrrigationController.html • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body: https://lookforwatersense.epa.gov/products/Product-Search-Results-Sprinkler.html • Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program: https://lookforwatersense.epa.gov/pros/ • Showerhead replacement with a US EPA WaterSense labeled showerhead: https://www.epa.gov/watersense/showerheads • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine: https://www.energystar.gov/productfinder/product/certified-clothes-washers/results • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher: https://www.energystar.gov/products/dishwashers Determining Estimated Water Savings Some manufacturers include annual water savings estimates in their device descriptions or specifications, and irrigation professionals report estimated savings after performing an irrigation system audit. In cases where estimated annual water savings are not provided or can’t be found, the WaterSense and Energy Star websites have information on estimated water savings. • Toilet: https://www.epa.gov/watersense/residential-toilets • Irrigation controller: https://www.epa.gov/watersense/watersense-labeled-controllers • Spray sprinkler body: https://www.epa.gov/watersense/spray-sprinkler-bodies#:~:text=WaterSense%20Savings,- 5 Experts%20estimate%20that&text=Installing%20WaterSense%20labeled%20spray%20sprinkler,water %20and%20sewer%20costs%20annually. • Irrigation audit: https://www.epa.gov/watersense/irrigation-pro • Showerhead: https://www.epa.gov/watersense/showerheads • Clothes washing machine: https://www.energystar.gov/products/clothes_washers#:~:text=ENERGY%20STAR%20can%20help%2 0families,less%20water%20than%20regular%20washers. • Residential dishwasher: https://www.energystar.gov/products/dishwashers Reporting Example Property Street Address and Zip Code (Select) Property Type: (Select) Water Device Replaced: Cost per Device ($): # of Devices: Rebate or Grant per Device ($) Est. Annual Water (Gallons) Saved Per Device: Total Rebate or Grant Municipality Contribution: Eligible Grant Amount Estimated Annual Water Saved (Gallons): 2094 Proviso Avenue Residential Clothes Washer $800.00 1 $200.00 5,000 $200.00 $40.00 $160.00 5,000 3452 Enola Drive Residential Irrigation Controller $250.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000 994 Argentine Place Residential Irrigation Controller $200.00 1 $150.00 20,000 $150.00 $30.00 $120.00 20,000 5377 Shoreham Way Residential Toilet $350.00 1 $125.00 7,000 $125.00 $25.00 $100.00 7,000 Calculated Totals: 6 EXHIBIT C Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO RECIPIENT: Submission of this form is required to modify the Maximum Grant Amount in your Grant Agreement with Metropolitan Council 2024-2026 Clean Water Fund Water Efficiency Grant Program (Grant Program). After determination of your city’s Maximum 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 Grant Agreement is as follows: 1. Your city’s authorized representative submits one signed copy of Exhibit C to the Met Council, with any additional information requested by Met Council. 2. Upon receipt and any Met Council approval of signed Exhibit C, the Met Council’s authorized representative will obtain Met Council authorized signatures returns a fully executed copy of Exhibit C indicating the new Maximum 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: 7 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 Maximum Grant Agreement Amount requested: CITY NAME:______________________________________________________________________________ CITY AUTHORIZED REPRESENTATIVE (signature and date): METROPOLITAN COUNCIL PROGRAM ADMINISTRATOR APPROVAL (signature and date): __________________________________________________________________________________________ METROPOLITAN COUNCIL AUTHORIZED SIGNATURE AND DATE __________________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- Questions may be directed to the Met Council Authorized Representative: