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HomeMy WebLinkAbout05(E) - Approval of the Metropolitan Council for Water Efficiency Grant Agreement Report ITEM: 5E CITY COUNCIL AGENDA REPORT MEETING DATE: June 06, 2022 PREPARED BY: Christine Watson, Public Works Coordinator PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: Approve Agreement with the Metropolitan Council for Water Efficiency Grant GOAL AREA Environmental Stewardship & Recreation OBJECTIVE: 1. Provide clean and safe drinking water for the community and protect drinking water resources. RECOMMENDED ACTION: Approve and execute an agreement with the Metropolitan Council for a water efficiency grant. BACKGROUND: The Metropolitan Council has renewed their water efficiency grant program to run for another two- year cycle from July 1, 2022 through June 30, 2024. The program allows municipalities to offer rebates to water customers who purchase and install water-efficient appliances and/or irrigation devices to replace older, less efficient models. The city has been awarded a $9,600 grant from the Metropolitan Council for this new grant cycle with a required matching city share of $2,400. This allows the program to be expanded to include indoor appliances as illustrated below (the current program, which expires June 30th, includes irrigation controllers only). Est. Gal # of Est. Total Rebate Total City Cost MCES Cost Item Saved/Yr Rebates Gal Saved Max Rebate (20%) (80%) Dishwasher 5,000 15 75,000 $300 $4,500 $900 $3,600 Toilet 7,500 15 112,500 $100 $1,500 $300 $1,200 Washing machine 3,000 15 45,000 $300 $4,500 $900 $3,600 Irrigation controller 8,000 15 120,000 $100 $1,500 $300 $1,200 352,500 $12,000 $2,400 $9,600 The program allows flexibility to issue more rebates for one type of device than another if one is clearly more popular with residents. The program is not locked into a specific number of each type as presented in the estimates above, and the program will be managed financially up to the total funding amount of $12,000. A new website page and social media posts have been drafted to promote this program, and a new online form will be used by residents to submit their applications. FINANCIAL IMPACT: The city will pay the rebates to the residents up-front, then get reimbursed 80% by the Metropolitan Council on a quarterly basis. Rebates will be paid from the Water Utility Fund. Approximately ten (10) hours of staff time will be needed per month to administer this program. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5E Page | 2 ALTERNATIVES: 1. Motion and second to approve and authorize the execution of an agreement with the Metropolitan Council for a water efficiency grant as part of the consent agenda. 2. Motion and second to remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Prior Lake MCES Water Efficiency Grant Agreement - Attach 1 1 METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT NO. SG-17781 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 Prior Lake, a municipal corporation ("Grantee"). RECITALS 1. Minnesota Session Laws 2021, 1st Special Session, Chapter 1, 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 Grantees participating in the grant program. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the reasonable satisfaction of the Council. GRANT AGREEMENT 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 2 described in Grantee's application to Council for assistance under the Council's Clean Water Fund grant program. Grantee’s application is incorporated into this Grant Agreement as Exhibit A. Grantee agrees to perform the Grantee Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B. The Grantee has the responsibility and obligation to complete the Grantee Program as described in Exhibit B. The Council makes no representation or warranties with respect to the success and effectiveness of the Grantee Program. The Council acknowledges that Grantee Program work may be limited to soliciting participation by its residents and businesses in the Grantee Program and requires additional work by the Grantee only to the extent that residents and businesses choose to participate in the Grantee Program, as described in Exhibit B. The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants for qualifying activities. 2.2. Grantee Representations and Warranties. The Grantee represents and warrants to Council, as follows: A. It has the legal authority to enter into this Grant Agreement and to conduct and administer the Grantee Program and use the Grant Funds for the purpose or purposes described in this Agreement B. It has taken all actions necessary for its execution of the Agreement and has provided to Council a copy of the resolution by its governing body authorizing Grantee to enter into this Agreement. C. It has the legal authority to undertake the Clean Water Fund Grant Program, including the Grantee’s financial responsibilities in Exhibit B D. As specified in Exhibit A only Grantee’s authorized representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs. E. It will comply with all the terms of this Agreement. F. It will comply with all requirements of Clean Water Funding legislation and appropriations, except for requirements that this Grant Agreement explicitly states will be handled by the Council. G. It has made no material false statement or misstatement of fact in connection with the Grant Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all representations contained in its application for the Clean Water Fund Grant are material representations of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it and is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement. 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. 3 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 $9,600. 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. 4 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 funding through 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: Christine Watson, Public Works Coordinator Mailing Address: 17073 Adelmann St SE, Prior Lake, MN 55372 Phone: 952-447-9855 E-Mail Address: cwatson@PriorLakeMN.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 Agreement Complete. 8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the Council and a fully executed Assignment Agreement. 8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the appropriate parties. 5 8.3 Waiver. If the Council fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 8.4 Grant 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 Grant Agreement, or the Grantee Program. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have any contractual relationship with the Council related to the work of the Grantee Program and shall not be considered employees of the Council. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. 10. Audits. Under Minn. Stat. § 16C.05, subd. 5, the Grantee’s books, records, documents, and accounting procedures and practices relevant to this Grant 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. 6 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. 7 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: Christine Watson, Public Works Coordinator 17073 Adelmann St SE, Prior Lake, MN 55372 952-447-9855 cwatson@PriorLakeMN.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. 8 18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented according to section 16B.98 and must account for all expenditures. 18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on Grantee Programs that benefit Minnesota waters. 18.6 Website. If the Grantee has information on its website about the water efficiency grant program 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. § 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 Grantee agrees to comply with all of the applicable provisions contained in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Grantee Program. By agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited provisions apply to the Grantee Program. 18.9 Disability Access. 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 from the State of Minnesota appropriated to Council under 2021 Session Laws, 1st 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"). 9 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: _______________________________ EXHIBIT A (Application from community) Metropolitan Council Water Efficiency Grant Application Form Applicant Information: Municipality: _________________________________________________________________ Municipal Utility: ______________________________________________________________ Mailing Address: ______________________________________________________________ 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: _________________________________________________________________ Secondary Contact Information: Municipality secondary authorized representative: NAME: _________________________________________________________________ TITLE: _________________________________________________________________ STREET: _________________________________________________________________ CITY, ZIP: _________________________________________________________________ PHONE: _________________________________________________________________ EMAIL: _________________________________________________________________ Municipal Total Per Capita Water Use (2020): _________________ (gallons per person-day) Municipal Residential Per Capita Water Use (2020): _________________ (gallons per person-day) Municipal Ratio of Peak Month to Winter Month Water Use (2020): ________________ Municipality’s estimated annual water savings from proposed program: _______________ (gallons) 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 Clothes Washing Machines Irrigation Spray Sprinkler Bodies Irrigation System Audits Dishwashers 2 Project Work Plan and Schedule:* Task Description Responsible Person Start Date Completion Date *Municipality may create own project plan and schedule form 3 Communications to Property Owners: How will your program be advertised (check all that apply): Newsletter ____ Print Media ____ Email ____ Twitter ____ Website____ Radio ____ Television ____ Facebook ____ Nextdoor ____ Other Social Media ____ Please attach examples of proposed newsletter, print media, or email communications. Critical Points to Remember: • The applying municipality must be 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 4 Item Gal Saved/Yr # of Rebates Total Gal Saved Rebate Max Total Rebate City Cost (20%) MCES Cost (80%) Dishwasher 5,000 20 100,000 $300 $6,000 $1,200 $4,800 Toilet 7,500 25 187,500 $100 $2,500 $500 $2,000 Washing machine 3,000 20 60,000 $300 $6,000 $1,200 $4,800 Irrigation controller 8,000 25 200,000 $100 $2,500 $500 $2,000 547,500 $17,000 $3,400 $13,600 City of Prior Lake Water Efficiency Grant Program Estimates ** WEBSITE PAGE ** https://www.priorlakemn.gov/rebate Water Efficiency Rebates The City is offering water efficiency rebates for the purchase of WaterSense/Energy Star home appliances and irrigation controllers. The City will reimburse 80% of the purchase cost (up to $300 for washing machines and dishwashers, up to $100 for toilets and irrigation controllers). The following items are eligible for the rebate if they have the noted logos on the packaging: Toilets (WaterSense) Irrigation controllers (WaterSense) Washing machines (Energy Star) Dishwashers (Energy Star) Use the Product Search on the EPA website to see if your appliance is WaterSense approved. Terms and conditions of the program: • Only Prior Lake water customers with non-delinquent accounts are eligible for the rebate • Appliances must be replacing old, less-efficient appliances • New construction homes are not eligible for the rebate • Rebate funds are limited and distributed on a first come, first served basis • Receipts must be dated July 1, 2022 or later to qualify (program runs through June 30, 2024) Funding for the water efficiency rebate program is provided by the Metropolitan Council, Clean Water Land and Legacy Funds, and the City of Prior Lake. ** SOCIAL MEDIA ** The water efficiency rebate program now includes home appliances! The City of Prior Lake, in conjunction with the Metropolitan Council, is offering water efficiency rebates to help offset the cost of upgrading to water-efficient appliances and irrigation equipment. The City will reimburse 80% of the purchase cost of the appliance (up to $300 for washing machines and dishwashers, up to $100 for toilets and irrigation controllers). Certain limitations and exclusions apply, learn more here Irrigation controller rebates are available now! Are you preparing your irrigation system for another season? Don’t forget to take advantage of our rebate program for WaterSense smart irrigation controllers and spray bodies. The City will reimburse 80% of the cost of the equipment, up to $100 total. Rebates are offered on a first come first served basis, so get your application in soon. Certain limitations and exclusions apply, learn more here Water-saving appliance rebates are available now! Are you thinking of replacing your old toilet, dishwasher or washing machine with a more efficient model? Take advantage of our rebate program for WaterSense/Energy Star home appliances. The City will reimburse 80% of the cost of the appliance (up to $300 for washing machines and dishwashers, up to $100 for toilets). Rebates are offered on a first come first served basis, so get your application in soon. Certain limitations and exclusions apply, learn more here Want to save water AND save money? Learn how here 1 EXHIBIT B Clean Water Fund Water Efficiency Grant Program Overview & 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 $5,000 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 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. Fiscal year 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. 2 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 3 • 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 4 • 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 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: 5 EXHIBIT C Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2022-2024 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO GRANTEE: Submission of this form is required to modify your city’s agreement with Metropolitan Council Environmental Services (MCES) 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 requesting in #4 box. If you wish to decrease your grant amount due to less demand than anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from subtracting #5 from #3. Grant Agreement # 1. Date of change request: 2. Change request number: 3. Current Grant Agreement Amount (as MCES approved): 6 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 Principal Engineer 390 Robert Street North St. Paul, MN 55101-1805 Phone: (651) 602-1519 Email: brian.davis@metc.state.mn.us