Resolution No. 2022-54 2022 Clean Water Fund Grant Prog. Agr.
Resolution No. 2022-54
Approving 2022 Clean Water Fund Efficiency Grant Program Agreement
with Metropolitan Council
Whereas, the City of Fridley’s (City) Comprehensive Plan identifies the need to conserve and
preserve the City’s source water aquifers; and
Whereas, City staff have implemented a successful water efficiency grant program in recent years,
saving millions of gallons of water every year; and
Whereas, the City applied for another round of grants for availability to its residents and
businesses, projecting an annual savings of over 160,000 gallons of water every year or 3.2 million
gallons over the life of the components; and
Whereas, the City was successful in obtaining new grant funding from the Metropolitan Council
to provide for water rebate program to help residents and businesses fund water-efficient
appliance and plumbing component retrofits; and
Whereas, the City of Fridley and Metropolitan Council formalized this funding and program in a
grant agreement beginning August 2022 with the amount of $10,000 provided by the
Metropolitan Council and a matching 25% to be provided by the City of Fridley.
Now, therefore be it resolved, that the City Council of the City of Fridley approves the attached
Water Efficiency Grant Program agreement with the Metropolitan Council.
rd
Passed and adopted by the City Council of the City of Fridley this 23 day of May, 2022.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk
James Kosluchar
Public Works Director/City Engineer
7071 University
Fridley, MN 55432
May 5, 2022
The Metropolitan Council is pleased to award the city of Fridley the amount of $10,000 as part of our
2022-2024 Water Efficiency Grant Program. The amount of matching funds required from your city,
based on the grant award above, is $2,500. Your city is one of 37 in the Twin Cities Metropolitan Area
that applied for and was accepted into this grant program. We are pleased to report that all available
grant funds have been awarded and that all applicants will receive an award.
The amount of funds requested totaled $1,401,920, while the amount of funds available is $1,000,000.
Because funds requested exceed funds available, a set of ranking factors and an objective scoring
system were used to distribute the available funds.
Below are some critical points to remember:
•New construction and new developments are not eligible.
•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 all documents which are intended for public use.
The Clean Water, Land and Legacy Amendment is available here: http://www.legacy.leg.mn/legacy-
logo/legacy-logo-download
To obtain electronic and print versions of the Metropolitan Council logo, please contact me at
brian.davis@metc.state.mn.us.
As you prepare your municipality’s program, please be aware that the following information must be
reported on a quarterly basis, on forms to be provided by the Metropolitan Council:
•Number, type and amount of rebates or grants provided to property owners, along with each
property address
•Estimated annual gallons of water saved per installation
•Municipality matching funds disbursed
•Electronically scanned copies of receipts to verify the cost of eligible devices being reported
Reporting forms and instructions will be made available in summer 2022 on our website:
http://www.metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants.aspx
Quarterly reporting periods and reporting form due dates are shown below.
Quarterly PeriodReporting Form Due Date
July 1, 2022 –September 30, 2022October 31, 2022
October 1, 2022 –December 31, 2022January 31, 2023
January 1, 2023 –March 31, 2023April 30, 2023
April 1, 2023 –June 30, 2023July 31, 2023
July 1, 2023 –September 30, 2023October 31, 2023
October 1, 2023 –December 31, 2023January 31, 2024
January 1, 2024 –March 31, 2024April 30, 2024
April 1, 2024 –June 30, 2024July 31, 2024
In early May, a GrantLegalAgreement will be mailed to your cityfor signature. Completion instructions
will be provided in that mailing.
Again, congratulations on your grant award. We look forward to working with you to increase the water
efficiency of our region.
Sincerely,
Brian M. Davis, Ph.D, P.G., P.E.
PrincipalEngineer, Water Supply Planning
Phone: 651-602-1519
brian.davis@metc.state.mn.us
Page - 2 | METROPOLITAN COUNCIL
METROPOLITAN COUNCIL
CLEAN WATER FUND GRANT AGREEMENT NO. SG-17771
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 ("Council") and the City of
Fridley, a municipal corporation ("Grantee").
RECITALS
st
1. Minnesota Session Laws 2021, 1 Special Session, Chapter1, Article 2, Section 8, appropriated
to the Council funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal
years 2022 and 2023, to establish a 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.
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 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 4, 2022, the Council authorized the granting of portions of the appropriation to the
Granteesparticipating 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
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 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,
2024.
1.4.Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13.Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
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
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described in Grantee's application to Council for assistance under the Council's Clean Water Fundgrant
program. Grantee’s application is incorporated into this Grant Agreement as ExhibitA. 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 Councilmakes no
representation or warranties with respect to the success and effectiveness of theGrantee 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.
I. Compliance with the requirements of thisGrant 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.
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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 Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee for 80% 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 $10,000. 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 on forms
provided by the 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 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 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. 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 violation of federal, state, or local law, or regulation.
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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 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 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 fundingthrough the Clean Water Fund.
7. Authorized Representative.
The Council’s Authorized Representative is:
Name: Brian Davis or successor
Title: Principal Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davis@metc.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 Agreement. 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: James Kosluchar, Public Works Director/City Engineer
Mailing Address:7071 University Ave, Fridley, MN 55432
Phone: 763-572-3550
E-Mail Address: jim.kosluchar@fridleymn.gov
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 AgreementComplete.
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.
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8.3 Waiver. If the Councilfails 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 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 responsible 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 GrantAgreement, 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 Agreement are subject to examination by the Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
11. Government Data Practices.
The Grantee and 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.
5
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 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 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 Water Fund that have
value for planning and management of natural resources, emergency preparedness, and infrastructure
investments must conform to the enterprise information architecture developed by the Office of MN.IT
Services. Spatial data must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota
Geospatial Information Office. A description of these data that adheres to the Office of MN.IT Services
geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be
made available online through the clearinghouse and the data must be accessible and free to the public
unless made private under chapter 13. To the extent practicable, summary data and results of the Grantee
Program funded with money from the clean water fund should be readily accessible on the Internet and
identified as a Clean Water Fund Grantee Program.
14. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for
all legal proceedings out of this Grant Agreement, 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.
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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:
James Kosluchar, Public Works Director/City Engineer
7071 University Ave, Fridley, MN 55432
763-572-3550
jim.kosluchar@fridleymn.gov
To the Council’s Authorized Representative at:
Name: Brian Davis or successor
Title: Principal Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davis@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
traditional Grantee sources of funding for the City to help fund 80% of the subject water efficiency
rebate or grant work.
18.3 Measurable Outcomes. 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 Minn. Stat. § 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 proposed measurable outcomes and all other items required under Minn.
Stat. § 3.303, subdivision 10, to the Council and, if requested by the Council, the Legislative
Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year,
whichever comes first.
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18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented
according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on
Grantee Programs that benefit Minnesota waters.
18.6 Website. If the Grantee has information on its website about the water efficiencygrant
program under Minn. Stat. § 114D.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 person 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.
st
§ 114D.50 as well as any additional requirements contained in 2021, 1 Special Session, Chapter 1,
Article2, Section 8.
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 timewith 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. Where appropriate, Grantee of clean water funds, in consultation with the
Council on Disability and other appropriate governor-appointed disability councils, boards, committees,
and commissions, should make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the recipient funds using
appropriations made in this agreement.
18.10. 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. Grantee recognizes that Council’s obligation to
reimburse Grantee for eligible Grantee Program costs is dependent upon Council’s receipt of funds
st
from the State of Minnesota appropriated to Council under 2021 Session Laws, 1 Special Session,
Chapter 1, Article 2, Section 8. 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 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,
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 any of the provisions contained in this Grant
Agreement constitute an event of default ("Event of Default").
8
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.
c. Enforce any additional remedies the 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: _______________________________
GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the this agreement on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By: ________________________________
_____________________________________
Printed Name and Title
Date: _______________________________
9
EXHIBIT A
(Application from community)
Metropolitan Council Water Efficiency Grant Application Form
Applicant Information:
Djuz!pg!Gsjemfz
Municipality: _________________________________________________________________
Djuz!pg!Gsjemfz
Municipal Utility: ______________________________________________________________
8182!Vojwfstjuz!Bwfovf-!Gsjemfz!NO-!66543
Mailing Address: ______________________________________________________________
Primary Contact Information: Municipality primary authorized representative (all correspondence
regarding the Water Efficiency Grant Program should be addressed to individual named below):
Kbnft!Lptmvdibs
NAME: _________________________________________________________________
Qvcmjd!Xpslt!Ejsfdups0Djuz!Fohjoffs
TITLE: _________________________________________________________________
8182!Vojwfstjuz
STREET: _________________________________________________________________
Gsjemfz!NO!66543
CITY, ZIP: _________________________________________________________________
874.683.4661
PHONE: _________________________________________________________________
kjn/lptmvdibsAgsjemfzno/hpw
EMAIL: _________________________________________________________________
Secondary Contact Information: Municipality secondary authorized representative:
Cfui!Lpoesjdl
NAME: _________________________________________________________________
Benjojtusbujwf!Bttjtubou-!Fohjoffsjoh!boe!Qvcmjd!Xpslt
TITLE: _________________________________________________________________
8182!Vojwfstjuz!Bwf!OF
STREET: _________________________________________________________________
Gsjemfz-!66543
CITY, ZIP: _________________________________________________________________
874.683.4665
PHONE: _________________________________________________________________
cfui/lpoesjdlAgsjemfzno/hpw
EMAIL: _________________________________________________________________
224
Municipal Total Per Capita Water Use (2020): _________________ (gallons per person-day)
71/5:
Municipal Residential Per Capita Water Use (2020): _________________ (gallons per person-day)
2/:2
Municipal Ratio of Peak Month to Winter Month Water Use (2020): ________________
444-721
Municipality’s estimated annual water savings from proposed program: _______________ (gallons)
Program Design:
31-111
Requested Grant Amount (must equal 80% of total program budget): $______________________
6-111
Required Municipality Matching Amount (must equal 20% of total program budget): $______________
36-111
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)
Sfcbuf
Will your program be a grant program or rebate program? ________________________________
Estimated Number of Items:
Item Estimated Number
Toilets
56
Irrigation Controllers
21
Clothes Washing Machines
41
Irrigation Spray Sprinkler Bodies
21
Irrigation System Audits
4
Dishwashers
41
2
*
Project Work Plan and Schedule:
Task Description Responsible Start Date Completion
Person Date
Xbmmz!Xztpqbm-!)Djuz
603403133604203133
Foufs!joup!hsbou!bhsffnfou!xjui!uif
Nbobhfs*<!Kjn
Nfuspqpmjubo!Dpvodjm<!vqebuf!sfcbuf!qsphsbn
Lptmvdibs-!)Qvcmjd
gpsnt!boe!vqmpbe!up!xfctjuf
Xpslt!Ejsfdups*<!Cfui
Lpoesjdl!)Fohjoffsjoh
Benjojtusbujwf
Bttjtubou*<!Tboej!Ibsb
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* Municipality may create own project plan and schedule form
3
Communications to Property Owners:
How will your program be advertised (check all that apply):
Y
Newsletter ____
Y
Print Media ____
Y
Email ____
Y
Twitter ____
Y
Website____
Radio ____
Y
Television ____
Y
Facebook ____
Y
Nextdoor ____
Y
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
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EXHIBIT B
Clean Water Fund Water Efficiency Grant ProgramOverview& Goal, Structure, and Qualified Activities(should anything
herein be contradicted by the Agreement language, the Agreement terms prevail).
Metropolitan Council
Water Efficiency Grant Program
Overview
The Metropolitan Council (Council) will implement a water efficiency grant program effective July 1, 2022 to June 30,
2024. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system.
The Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will
use the combined Council and municipality funds to run their own grant or rebate programs.
Grants will be made available in amounts with a minimum of $5,000and 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 2021 Session Law
$625,000 the first year and $625,000 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. Fiscalyear 2022 appropriations are available until June 30,
2023, and fiscal year 2023 appropriations are available until June 30, 2024.
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
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 (MCES) and
will be funded with $1,000,000 appropriated by the 2021 Minnesota Legislature. Grant applications will be reviewed and
ranked by the MCES Water Supply Planning Unit staff. The remaining $250,000 of this funding has been allocated to a
different municipal water efficiency grant project.
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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 $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 July 1, 2022 through June 30, 2024.
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 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 MCES)
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, either weather-based or soil
moisture-based
Clothes washing machine replacement with a 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
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
2
Municipalities will submit MCES supplied application form by March 31, 2022. 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: brian.davis@metc.state.mn.us
Metropolitan Council will notify municipalities of grant awards and provide grant agreements by April 29, 2022.
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 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
80% 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
Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher:
https://www.energystar.gov/products/dishwashers
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
3
Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine:
https://www.energystar.gov/productfinder/product/certified-clothes-washers/results
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/
Reporting Example
Calculated Totals:
Rebate or Est. Annual Water Total Eligible Estimated
(Select) Property (Select) Water Cost per # of Municipality
Property Street Address and Zip CodeGrant per (Gallons) Saved Rebate or Grant Annual Water
Type:Device Replaced:Device ($):Devices:Contribution:
Device ($)Per Device:GrantAmountSaved (Gallons):
2094 Proviso AvenueResidentialClothes Washer$800.001$200.00 5,000 $200.00$40.00$160.00 5,000
3452 Enola DriveResidentialIrrigation Controller$250.001$150.00 20,000 $150.00$30.00$120.00 20,000
994 Argentine PlaceResidentialIrrigation Controller$200.001$150.00 20,000 $150.00$30.00$120.00 20,000
5377 Shoreham WayResidentialToilet$350.001$125.00 7,000 $125.00$25.00$100.00 7,000
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EXHIBIT C Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANTAMENDMENTFORM
NOTICE TO GRANTEE: Submission of this form is required to modify your city’s agreement with Metropolitan
Council Environmental Services (MCES) 2022-2024 Clean Water Fund Water Efficiency Grant Program (Grant
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 authorized representative submits one signed copy 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 copy 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 requestingin #4 box. If you wish to decreaseyour 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):
5
4. Increase due to request for additional funding:
5.Decrease due to less demand:
6. Amended Grant Agreement Amount requested:
CITY NAME:______________________________________________________________________________
CITY AUTHORIZED REPRESENTATIVE (signature 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 PrincipalEngineer
390 Robert Street North
St. Paul, MN 55101-1805
Phone: (651) 602-1519
Email: brian.davis@metc.state.mn.us
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