E-8. Met Council Clean Water Fund I and I GrantCITY OF
CHANNNASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
ffu U01 U0•m L4ni1JUTl
TO: Paul Oehme, Dir. of Public Works /City Engineer
FROM: Stephanie Smith, Project Engineer 046b
DATE: July 28, 2014
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SUBJ: Approve Application for the Metropolitan Council's Clean Water
Fund Inflow & Infiltration Grant
PROPOSED MOTION
"The City Council approves the resolution to apply for the Clean Water Fund
Inflow & Infiltration Grant."
City Council approval requires a simple majority vote of the City Council
present.
The Minnesota State Legislature appropriated funds from the Legacy
Amendment's Clean Water Fund to the Metropolitan Council for 2014 and 2015,
for grants for local Inflow and Infiltration (I &I) reduction.
The Metropolitan Council has set up a grant program for private service repairs in
cities that have high levels of clear water (rain or ground water) I &I and have
surcharges for excessive flows. Chanhassen is one of the cities identified as
having high levels of I &I in our sanitary system, therefore the City may
participate in this grant.
This grant program is for non - municipal, private property improvements.
Rehabilitation or replacement of service lines and foundation drain disconnection
are all eligible. The program will pay for one third of the qualifying costs of a
project up to a maximum of $2,000.
The City staff paired notification of this grant with our 2014 Streets Project. The
Public Works Department offered sanitary service televising to residents in the
project area who were interested in applying for the grant. Seven residents in the
project area requested televising. One resident (who was outside the area) applied
for the Grant.
g:\ eng\ tG 1f tha9Qar ajAe 41 �iotourrow
Paul Oehme
Application for I &I Grant
July 28, 2014
Page 2
City funds are not required for participation in this grant program. The City's application must
be completed for Chanhassen residents to receive Metropolitan Council funds from this grant.
The City must also inspect/certify the completion of work and retain all records.
Attachments: 1. Informational Flyer
2. Application
3. Grant Agreement
4. Resolution
g: \eng \public \pw433 mces private service agmts \140728_memo approve grant admin.doc
PROPERTY OWNERS: Need help repairing a leaky
sewer pipe or disconnecting a foundation drain?
MCES AND YOUR CITY ARE
WORKING TO REDUCE 1/1
Metropolitan Council Environmental Services (MCES)
has measured excessive flow of clear water (also called
inflow and infiltration, or 1 /1) into the regional sanitary
sewer system from your city.
Clear water gets into sanitary sewers in several ways.
Two common private sources are aging, leaky service
laterals that run from houses and other buildings to the
street sewer pipe, and foundation drains that are
connected to the sewer system.
It's an environmental problem. 1/1 can cause sewage
back -ups into homes or spills into the environment. And
once the clear water gets into the sewer, it will be
treated, discharged into a river, and lost to Minnesota
instead of infiltrating into our groundwater aquifers for
use by future generations.
It's a costly problem, too. Property owners, through
their municipal utility bills, pay for the unnecessary
treatment of this clear water, which takes up expensive
capacity in sewer pipes and treatment plants.
Your city is working to reduce 1/1 in your local sewer
system. Your property may have been inspected already,
with the result that you need to make repairs. Or an
inspection may be in your future.
lid "Mai hmk IWO,
ELIGIBLE REPAIRS
Repairs eligible for a grant include:
Rehabilitation or replacement of any sewer
service lateral between the first cleanout inside the
building to the connection to the municipally owned
trunk or lateral sewer system.
• Disconnection of foundation drains.
In order to qualify for reimbursement, the service line or
foundation drain must be active and serving an occupied
building. All replacements and repairs must be made
with materials and methods consistent with city and
state codes.
ELIGIBLE COSTS
MCES grants will cover one -third of actual,
reasonable and verifiable repair costs, with a
maximum of $2,000 per site. Eligible costs include:
Out -of- pocket repair costs. No owner labor costs are
eligible.
Inspection costs are eligible ONLY if the service line
inspection results in eligible repairs.
Expenses incurred for work inspected no earlier
than July 1, 2013.
FOR MORE INFORMATION
Each city's program may be a little different, so it is
best to contact your city for more information about
the application process.
Visit www.metrocouncii.org to learn more about inflow
and infiltration, as well as the Council's award - winning
regional wastewater system.
4AL.
METROPOLITAN
C 0 U N C I L
METROPOLITAN COUNCIL
CLEAN WATER FUND GRANT AGREEMENT NO.
This Clean Water fund Grant Agreement ( "Grant Agreement ") is entered into this [date of
signature by both parties] between the Metropolitan Council, a public corporation and political subdivision of
the State of Minnesota ( "Met Council ") and the City of a municipal corporation
( "Grantee ").
RECITALS
1. The Minnesota Legislature, by Minnesota Laws 2013, chapter 137, article 2, section 9,
appropriated to the Met Council funds from the Legacy Amendment's Clean Water Fund ( "Clean Water Fund"
or "clean water fund ") for State fiscal years 2014 and 2015, for grants and loans for local sanitary sewer inflow
and infiltration reduction ("1/1") programs addressing high priority areas in the metropolitan area as defined in
Minnesota Statutes section 473.121, subdivision 2.
2. The Met Council is authorized by Minnesota Statutes sections 473.129, subdivision 4
and 473.504, subdivision 5 to apply for and use grants from the State for any Metropolitan Council purpose and
may dispose of the money in accordance with the terms of the appropriation.
3. The Grantee is authorized by [statutory or other authorityl to receive grants from the Clean
Water Fund to protect, enhance and restore water quality in lakes, rivers and streams, to protect groundwater
from degradation and protect drinking water sources.
4. On September 25, 2013, Met Council authorized the granting of portions of the appropriation to
the Grantees for completion of the grant program, the portion for Grantee defined ahead in this Agreement as
"Grantee Program."
5. The Grantee represents that it is duly qualified and agrees to perform all services described in
this Grant Agreement to the reasonable satisfaction of the Met Council.
GRANT AGREEMENT
Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date on which the Grant
Agreement has been duly executed by both parties.
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. The latter of (i) 2 years after final distribution of funds to Grantee; or (ii) until
all obligations have been satisfactorily fulfilled, whichever occurs first.
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 the program
( "Grantee Program ") which is described in Grantee's application to Met Council for assistance under the
Met Council's Clean Water Fund grant program, which application is incorporated into this Grant
Agreement as Exhibit A, and in accordance with the terms and conditions of this Grant Agreement.
Specifically, the Grantee agrees to perform the "Grantee Program" in accordance with a specific
timeline, all as described in Exhibit A and to undertake the financial responsibilities described in
Exhibit A to this Grant Agreement. The Grantee has the responsibility for and obligation to complete
the "Grantee Program" as described in Exhibit A. The Met Council makes no representation or
warranties with respect to the success and effectiveness of the "Grantee Program ". The Met Council
acknowledges that "Grantee Program "work may be limited to soliciting participation by building
owners in the "Grantee Program" and requires additional work by the Grantee only to the extent that
building owners choose to participate in the "Grantee Program ", all as described in the Grantee's
application attached as Exhibit A.
The Grant Funds cannot be used for:
• Normal municipal operating or overhead costs, including such related to the Grantee
Program;
• Grantee's own public sewer infrastructure costs, except for: (i) service laterals to connect
city buildings to sewer pipes, or (ii) city owned portions of service laterals under right -
of -way;
• The cost of studies;
• Engineering costs;
• Planning costs; and
• For equipment, machinery, supplies or other property to conduct the Grantee Program,
except for equipment, supplies or other property which is used primarily for the Grantee
Program and is specifically listed in Exhibit A.
2.2. Grantee Representations and Warranties. The Grantee further covenants with and represents and
warrants to Met Council, as follows:
A. It has the legal authority to enter into, execute and deliver this Grant Agreement and all
documents referred to herein, has taken all actions necessary to its execution and delivery of such
documents and has provided to Met Council a copy of the resolution by its governing body which
authorizes Grantee to enter into this Agreement, to undertake the Clean Water Fund Grant Program,
including the Grantee financial responsibilities as shown in Exhibit A and which also designates an
authorized representative for the Grantee Program who is authorized to provide certifications required in
this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs.
B. It has legal authority to conduct and administer the Grantee Program and use the Grant
Funds for the purpose or purposes described in this Agreement.
C. This Grant Agreement and all other documents referred to herein are the legal, valid and
binding obligations of the Grantee enforceable against the Grantee in accordance with their respective
terms.
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D. It will comply with all of the terms, conditions, provisions, covenants, requirements, and
warranties in this Agreement, and all other documents referred to herein.
E. It will comply with all of the provisions and requirements contained in and imposed by
the Clean Water Funding legislation and appropriations from Clean Water Fund legislation, except as
explicitly stated in this Grant Agreement that compliance will be handled by the Council.
F. It has made no material false statement or misstatement of fact in connection with the
Grant Funds, and all of the information it has submitted or will submit to the Council relating to the
Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that
all representations contained in its application for the Clean Water Fund Grant are material
representations of fact upon which the Council relied in awarding this Grant and are incorporated into
this Agreement by reference.
G. It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it and is not in
default with respect to any order, writ, injunction, decree, or demand of any court or any governmental
authority which would impair its ability to enter into this Grant Agreement or any document referred to
herein, or to perform any of the acts required of it in such documents.
H. Neither the execution and delivery of this Grant Agreement or any document referred to
herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of
such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or
provision of any agreement or document to which it is now a party or by which it is bound.
I. The Grantee Program will not violate any applicable zoning or use statute, ordinance,
building code, rule or regulation, or any covenant or agreement of record relating thereto.
J. The Grantee Program will be conducted in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions
having jurisdiction over the Grantee Program.
K. It has complied with the financial responsibility requirements contained in Exhibit A.
L. The Grantee Program will be conducted substantially in accordance with Exhibit A by
the Completion Date as stated in Exhibit A.
M. It shall furnish such satisfactory evidence regarding the representations described herein
as may be required and requested by the Met Council.
3. Time.
Grantee must comply with all time requirements described in this Grant Agreement. In the
performance of this Grant Agreement, time is of the essence.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee generally
only for sewer service lateral repairs or replacements and foundation drain disconnections as described
in Exhibit A. The Grantee shall not be reimbursed for non - eligible costs. Any cost not defined as an
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eligible cost or not included in the Grant Grantee Program or approved in writing by the Council is a
non - eligible cost.
5. Consideration and Payment.
5.1 Consideration. The Met Council will reimburse Grantee for eligible costs performed by the
Grantee during the Grant Period in an amount of up to the prequalified work's grant amount ( "Grant
Amount "). The Met Council shall bear no responsibility for any cost overruns that may be incurred by
the Grantee or subrecipients of any tier in the performance of the Grantee Program. The initial Grant
amount to Grantee under this Grant Agreement is . The Grantee will be eligible to
receive additional Grant amounts or an adjustment in Grant amount in accordance with the procedure set
forth in the Grant Amendment Form attached hereto and made a part hereof as Exhibit B. Upon
signature by both Grantee and Met Council on Exhibit B this Grant is amended by the amount of
increase or decrease approved by Met Council in Exhibit(s) B.
5.2. Advance. The Met Council will make no advance of the Grant Amount to Grantee. The
disbursement of the Grant Amount shall be in the form of reimbursement for eligible costs as provided
ahead in this Section 5.
5.3. Payment. To obtain payment under this Grant Agreement, the Grantee shall submit a
Reimbursement Request/Progress Report on forms provided by or acceptable to the Met Council.
Reimbursement Request/Progress Reports may be submitted once per month after this grant agreement
has been executed, but must be submitted at least semi - annually by December 1 and June 1 of each
calendar year of the grant period. The Grantee shall describe its compliance with its the financial
requirements and construction work completed and specific addresses where work was undertaken in
connection with the grant and shall provide sufficient documentation of grant eligible expenditures and
such other information as the Met Council's staff reasonably requests. The Met Council will promptly
pay the Grantee after the Grantee presents to the Met Council a Reimbursement Request/Progress
Report and an itemized invoice for all eligible services actually performed and the Met Council's
Authorized Representative accepts the invoiced services.
6. Conditions of Payment.
6.1. The Grantee must certify to the Council that work at each site for which payment is requested is
done, that Grantee has received receipts for such work, that the work was not performed in violation of
federal, Met Council, or local law or regulation and that Grantee has issued the appropriate permits for
the work completed in the Grantee Program.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to
make reimbursement payments hereunder shall be subject to the following conditions precedent:
A. The Met Council shall have received a Reimbursement Request/Progress Report for such
amount of funds being requested for which the amounts for each individual site have been pre - qualified
by Met Council.
B. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council, that (i) the Grantee has legal authority to and has taken all actions
necessary to enter into this Agreement and (ii) this Agreement is binding on and enforceable against the
Grantee.
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C. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council, that all applicable and required building permits, other permits, bonds
and licenses necessary for each site included in the Grantee Program including, where applicable,
operation of the site, have been paid for, issued and obtained, other than those permits, bonds and
licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses
which in the ordinary course of business would normally not be obtained until a later date and that each
site under the Grantee Program is active and serving an occupied building.
D. No Event of Default under this Grant Agreement or event which would constitute an
Event of Default but for the requirement that notice be given or that a period of grace or time elapse
shall have occurred and be continuing.
E. The Grantee has supplied to the Met Council all other items that the Met Council may
reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund.
7. Authorized Representative.
The Met Council's Authorized Representative is:
Name:
John Atkins or successor
Title:
MCES Manager, Budget
Mailing Address:
390 North Robert Street
St. Paul, MN 55101
Phone:
(651) 602 -1020
E -Mail Address:
john.atkinsna,metc.stateann.us
or his successor, and has the responsibility to monitor the Grantee's performance and the authority to
accept the services provided under this grant contract. If the services are satisfactory, the Met Council's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is:
Name:
Mailing Address:
Phone:
E -Mail Address:
If the Grantee's Authorized Representative changes at any time during this Grant Agreement, the
Grantee must immediately notify the Met Council and within 30 days provide a new City resolution (if
such resolution is necessary) specifying the new Representative.
8. Assignment, Amendments, Waiver, and Grant contract Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this
Grant Agreement without the prior consent of the Met Council and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved this Grant
Agreement, or their successors in office.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the
original Grant Agreement, or their successors, or their delegatee in office.
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8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure
does not waive the provision or its right to enforce it.
8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Grantee. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
9. Liability and Insurance.
9.1 Liability. The Grantee and the Met Council agree that they will, subject to any indemnifications
provided herein, be responsible for their own acts and the results thereof to the extent authorized by law,
and they shall not be responsible for the acts of the other party and the results thereof. The liability of
the Met Council is governed by the provisions contained in Minn. Stat. Chapter 466 as it may be
amended, modified or replaced from time to time. The liability of the Grantee, including but not limited
to the indemnification provided under Section 9.2 is governed by the provisions contained in such
Chapter 466.
9.2 Indemnification by the Grantee. The Grantee shall bear all losses, expenses (including attorneys'
fees) and damages in connection with the Grantee Program and agrees to indemnify and hold harmless
the Met Council, its agents, servants and employees from all claims, demands and judgments made or
recovered against the Met Council, its agents, servants and employees, because of bodily injuries,
including death at any time resulting therefrom, or because of damages to property, or others (including
loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Grantee
Program whether or not due to any act of omission or commission, including negligence of the Grantee
or any contractor or his or their employees, servants or agents, and whether or not due to any act of
omission or commission (excluding, however, negligence or breach of statutory duty) of the Met
Council, its employees, servants or agents.
Grantee further agrees to indemnify, save and hold the Met Council, its agents and employees, harmless
from all claims arising out of, resulting from, or in any manner attributable to any violation by the
Grantee, its officers, employees, or agents, or any provision of the Minnesota Government Data
Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions
contained in Section 11.
The Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Grantee, or subject to any exclusions from coverage in any insurance policy.
The Grantee shall maintain or require to be maintained adequate insurance coverage for the Grantee
Program in such amounts with such limits as it determines in good faith to be reasonable or in such
amounts and with such limits as may be reasonably required for participating cities by the Met Council
from time to time.
9.3 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 Met Council, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the Met Council in the performance of this Grant Agreement, or the
Grantee Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel required for
the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or
T
other persons while engaging in the performance of this Grant Agreement the Grantee Program shall not
have any contractual relationship with the Met Council related to the work of the Grantee Program and
shall not be considered employees of the Met Council. In addition, all claims that may arise on behalf of
said personnel or other persons out of employment or alleged employment including, but not limited to,
claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination
against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility
of the Met Council. Such personnel or other persons shall not require nor be entitled to any
compensation, rights or benefits of any kind whatsoever from the Met Council, including but not limited
to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay
and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting
procedures and practices relevant to this grant contract are subject to examination by the Met Council
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the
termination date of this Grant Agreement.
11. Government Data Practices.
The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the Met Council. If the Grantee receives a request to
release the data referred to in this Clause, the Grantee must immediately notify the Met Council.
12. Workers' Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered Met
Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on
behalf of these employees and any claims made by any third party as a consequence of any act or
omission on the part of these employees are in no way the Met Council's obligation or responsibility.
13. Data Availability.
To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50,
subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean
Water Fund that have value for planning and management of natural resources, emergency preparedness
and infrastructure investments, including but not limited to the requirement that to the extent practicable,
summary data and results of Grantee Programs funded with money from the Clean Water Fund should
be readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The
Council will put overall summary information on the intemet and will not request that the Grantee put
its city information on the web if Grantee receives total Grant funds pursuant to this Agreement in an
amount of under one hundred thousand dollars ($100,000). Grantee understands and agrees that Council
may list its name and summary information on the internet or in any other Grantor reporting.
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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 contract, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
15. Termination.
The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days'
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services
prequalified and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the Met Council, to federal and state tax agencies and Met Council personnel involved in the
payment of Met Council obligations. Grantee will require compliance with this Section 16 by Grantee's
subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested.
17. Notices.
In addition to any notice required under applicable law to be given in another manner, any notices
required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid,
registered, or certified mail (return receipt requested), to the business address of the party to whom it is
directed. Such business address shall be that address specified below or such different address as may
hereafter be specified, by either party by written notice to the other:
To the Grantee at:
MN
Attention:
To the Met Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Regional Administrator
With copy to:
MCES General Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
MCES Finance Director
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Met Council must submit a
report on the expenditure and use of money appropriated under the Clean Water Fund to the
legislature by January 15 of each year. The report must detail the outcomes in terms of additional
use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The
grantee agrees to provide to the Met Council by January 1 of each year a report on any user
satisfaction surveys it has related to this Grantee Program, and other appropriate outcomes of the
Grantee Program as prescribed in Section 18.3 of this Agreement.
18.2 Supplement. The funds granted under this agreement are to supplement and shall not
substitute for traditional sources of funding. Therefore, the Grantee hereby certifies to the Met
Council that there was and is no traditional Grantee sources of funding for the City to help fund
one -third (1/3) of the subject I/I mitigation work. Further the City agrees it will inform the Council
immediately if other funds for this type of work become available.
18.3 Measureable Outcomes. To the extent and upon request of the Council, Grantee agrees to
demonstrate compliance with the following: A Grantee Program or program receiving funding from
the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and
restore water quality in lakes, rivers and streams and to protect groundwater and drinking water
from degradation. A Grantee Program or program receiving funding from the Clean Water Fund
must include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A Grantee Program or program must be consistent with
current science and incorporate state -of -the -art technology. All information for funded Grantee
Program work, including the proposed measurable outcomes, must be made available for
publication on the Web site required under section 3.303, subdivision 10, as soon as practicable
and forwarded to the Met Council and the Legislative Coordinating Commission under the
provisions of Minn. Stat. § 3.303, subd. 10. The Grantee must compile and submit all information
for funded Grantee Programs or programs, including the proposed measurable outcomes and all
other items required under section 3.303, subdivision 10, to the Met Council and, if requested by
the Council, the Legislative Coordinating Commission as soon as practicable or by January 15 of
the applicable fiscal year, whichever comes first.
18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented
according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on
Grantee Programs that benefit Minnesota waters.
18.6 Website. If the Grantee has information on its website about the I/I grant program pursuant
to Minn. Stat. § 114D.50, the Grantee shall, when practicable, prominently display on the Grantee's
Website home page the Legacy logo required under Laws 2009, chapter 172, article 5, section 10,
as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here
for more information." When a person clicks on the Legacy logo image, the Web site must direct
the person to a Web page that includes both the contact information that a person may use to obtain
0
additional information, as well as a link to the Council's and Legislative Coordinating Commission
Website required under section 3.303, subdivision 10.
18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent
upon the Grantee satisfying all application requirements related to Council's fulfillment of Minn.
Stat. § 114D.50 as well as any additional requirements contained in 2013 Session Laws
chapter 137, article 2, section 9.
18.8 Data Availability. Data collected by the Grantee Programs, if any, funded with money from the
Clean Water Fund that have value for planning and management of natural resources, emergency
preparedness, and infrastructure investments must conform to the enterprise information architecture
developed by the Office of MMIT 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 Geospafial Information Office. A description of these data that
adheres to the Office of MKIT Services geographic metadata standards must be submitted to the
Minnesota Geospatial Information Office to be made available online through the clearinghouse and the
data must be accessible and free to the public unless made private under chapter 13. To the extent
practicable, summary data and results of the Grantee Program funded with money from the clean water
fund should be readily accessible on the Internet and identified as a Clean Water Fund Grantee Program.
18.9 Constitutionally Dedicated Funding Accountability. Pursuant to Minnesota Statutes § 3.03,
subd. 10, the Grantee shall submit the following additional information as deemed necessary by the
Met Council to comply with Minn. Stat. § 3.03 subd. 10, to the Met Council by January 15 of each
fiscal year:
(i) the name of the Grantee Program and a Grantee Program description;
(ii) the name, telephone number, members of the City Council or equivalent governing
body, and e-mail address of the funding recipient and, when applicable, the Website address
where the public can directly access detailed information on the recipient's receipt and use
of money for the Grantee Program;
(iii) the amount and source of funding, including the state fiscal year of the appropriation;
(iv) the amount and source of any additional funding or leverage;
(v) the duration of the Grantee Program;
(vi) the number of full -time equivalents funded under the Grantee Program. For the
purposes of this item, "full -time equivalent" means a position directly attributed to the
receipt of money from one or more of the funds covered under this section, calculated as the
total number of hours planned for the position divided by 2,088;
(vii) the direct expenses and administration costs of the Grantee Program;
(viii) proposed measurable outcomes and the plan for measuring and evaluating the results;
(ix) for pass- through, noncompetitive grants, the entity acting as the fiscal agent or
administering agency and a point of contact for additional information;
10
(x) actual measured outcomes and evaluation of Grantee Programs as required under
114D.50, subdivision 4; and
(xi) education about the areas and issues the Grantee Programs address, including, when
feasible, maps of where Grantee Programs have been undertaken;
All information for proposed and funded Grantee Programs, including the proposed measurable
outcomes, must be made available on the Web site as soon as practicable. Information on the
measured outcomes and evaluation must be posted as soon as it becomes available. For purposes
of this section, "measurable outcomes" means outcomes, indicators, or other performance
measures that may be quantified or otherwise measured in order to measure the effectiveness of a
Grantee Program or program in meeting its intended goal or purpose.
18.10 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.
18.11. E- Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive
Order 08 -01 regarding e- verification of employment of all newly hired employees to confirm that such
employees are legally entitled to work in the United States, and that it will, if and when applicable, fully
comply with such order.
18.12. General Provisions.
(i) Grants. The Grantee shall implement this Grant Agreement according to Minnesota
Statutes, section 1613.98, and shall account for all expenditures of funds.
(ii) Lawsuit. This Grant shall be canceled to the extent that a court determines that the
appropriation unconstitutionally substitutes for a traditional source of funding.
(iii) Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to
reimburse Grantee for eligible Grantee Program costs is dependent upon Council's receipt of
funds from the State of Minnesota appropriated to Council under 2013 Session Laws
Chapter 137, Section 17. 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 to
Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to
complete the Grantee Program as required by this Grant Agreement.
19. Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant
Agreement shall be an event of default hereunder ( "Event of Default ").
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19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a. Refrain from disbursing the Grant;
b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon
such demand the Grantee shall repay such amount to the Met Council.
C. Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on or as of the date first above written.
METROPOLITAN COUNCIL
0
Regional Administrator
Date:
GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
0
Printed Name and Title
Date:
12
EXHIBIT A
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2013 CLEAN WATER FUND INFLOW & INFILTRATION (1 &I)
GRANT APPLICATION FORM
NOTICE TO APPLICANTS: Submission of this application form confirms your city's intention to participate
in the Metropolitan Council Environmental Services (MCES) 2013 Clean Water Fund 1/I Grant program
(Grantee Program).
Applicants must review the Program design and process details which, along with other valuable information on
the MCES Inflow and Infiltration (I &I) Program, can be found at the following link:
httv:// www .metrocouncil.org/Wastewater -W ater/ Funding- Finance/Rates- Charges/MCES- Inflow -and-
Infiltration- (I- n- Proaram.asnx
Pre - qualification of individual projects is mandatory and becomes the basis for determining initial grant
agreement amounts. The pre - qualification information submitted, whether with this form or submitted
separately, becomes a part of Exhibit A.
Grant agreements will be sent for signature 1) when your city requests one, 2) when your city submits at least
15 pre - qualification requests that meet the requirements for funding, or 3) when the total amount of funding
available from the Clean Water Fund has been encumbered, whichever occurs first. Funds are available on a
`first qualified, first serve' basis.
MCES will accept and review pre - qualification requests from cities that have completed this application process
until all of the funds appropriated in 2013 from the Clean Water Fund have been encumbered. After the initial
grant agreement is signed, additional submittals will result in follow up letters from MCES which become part
of this Agreement specifying the additional amounts the Council will encumber. Grant agreements include an
Exhibit B which is the anticipated letter for readily adding additional pre - qualified projects (assuming funding
is available).
CITY NAME:
The City's designated authorized representative (all correspondence and city responsibility regarding
participation in the Grantee Program should be should be addressed to individual named below) is:
NAME:
TITLE:
STREET:
CITY, ZIP:
PHONE:
EMAIL:
A city resolution confirming this individual's authority and certification that s/he has read the program details
documents must be included when returning signed document.
Once a city is approved to participate in the Program, the following information is required for each project
submitted for pre - qualification:
• Owner name and building address
• Date and copy of contractor bid/estimate (date we will use in ranking first qualified, first
served)
• Type of building (Single Family, Multi - family, Commercial)
• Type of work proposed
• Affirmative statement of the City that the building is in use.
MCES will email the City's authorized representative notification of the funding determination for each project
submitted for pre - qualification within 10 working days of submission. This allows your city the option of
remitting to property owners with the timing at your discretion and under your terms.
Work must be done and claims for pre - qualified projects must be submitted within one (1) year of contractor
bid/estimate, unless, prior to expiration, MCES receives and approves a written justification for extension,
including a new proposed completion date.
To receive payment for completed projects, cities must submit a claim (in a format of your choosing) that
includes all of the following information:
• Owner name and building address
• Total project cost
• Date of city inspection (to certify work was completed)
• Statement attesting to retention of auditable records
Within 30 days of receipt of claim, MCES will remit to cities in amounts identifiable to specific projects,
subject to limits as prescribed by program design and grant agreement (i.e. 1/3 of total eligible project costs to a
maximum of $2,000 per site).
Questions may be directed to the MCES Program Administrator:
John Atkins
MCES Budget Manager
390 Robert Street North
St. Paul, MN 55101 -1805
Phone: (651) 602 -1020
Email: iohn.atkins(p)metc.state.mn.us
QUICK REFERENCE FACT SHEET: 1/1 Clean Water Fund Grant Program
(this is for reference only; should anything herein be contradicted by the Agreement language, the Agreement terms
prevail).
1. Community Eligibility:
a) Communities eligible include:
o The 50 metro area communities eligible under the Public Infrastructure bond grant program
offered in 2012(and ongoing)
o In addition, during 2013 and during the grant program any communities that receive an I/I
surcharge notice for the first time from MCES and are required to take some action will also be
eligible.
b) Communities eligible per (a) above must also must pre -apply and sign a standard Council grant
agreement, before any eligible expenses can be submitted for reimbursement. Agreements shall require
that communities:
o Entirely pass through grants received (as is being done by MCES).
o Cooperate with pre - qualification requirements of MCES, and screening of eligibility.
o Sign certifications of work done to receive grants.
o Retain records, and cooperate with any audit.
o Do communications with retail applicants.
o Issue plumbing permits for all eligible repairs.
o Report quantitative info of fixes, for MCES reporting to state.
2. Repair Elieibility:
a) Grants are only for non - municipal sewer infrastructure (i.e. municipally owned trunks and lateral pipes,
lift stations and other related appurtenances are not eligible).
b) A prequalification is mandatory. Retail applicants will submit a dated contractors bid/estimate for the
repair to their City.
c) Types of repairs eligible include:
Any rehabilitation or service line replacement, either in part, or in its entirety that is owned and
maintained by the property owner (private, governmental, institutional), between its connection
to the municipally owned trunk or lateral system and the first cleanout inside the building shall
be eligible for grant reimbursement., and
ii. In addition, foundation drain disconnections will be eligible.
iii. City owned service laterals under `Right of Way' qualify subject to all terms and conditions
herein as long as the full connection to service line is repaired.
d) The private service line or foundation drain must be active and serving an occupied building.
e) All repairs and replacements must be made with materials and methods consistent with local codes.
f) The completed improvement must be inspected and found acceptable by the city having jurisdiction for
said improvements.
3. Eli¢ible Costs:
a. Eligible expenses are for out -of- pocket costs of a repair only, may not include any owner labor costs.
b. Inspection costs are allowable ONLY if the service line inspected results in eligible repairs.
c. Eligible expenses are eligible for reimbursement for work inspected no sooner than July 1, 2013.
d. MCES grants are 1/3 of actual, reasonable and verifiable eligible repair costs, but limited to $2000
maximum per site. Note: Given the regional sewer, city sewer and private benefit, a City and private
match are proposed so funding would be 1/3 regional, 1/3 municipal, and 1/3 private (if total cost is
$6000 or less). However, the City match is not mandatory (this does not change the MCES grant limit of
1/3 of eligible costs and max of $2000 per site).
4. Process:
a. Eligible cities need to first apply and be approved to participate in the program.
b. Monthly, participating cities screen & submit requests in batch for prequalification of individual site
work.
i. Each individual request must include the following information:
• Owner name and building address
• Date of contractor bid/estimate (for use in ranking first come, first served)
• Type of building (Single Family, Multi - family, Commercial)
• Type of work proposed
• City affirmation that the building is being used
c. MCES reviews technical details and approves by site, within 10 business days. MCES to encumber the
amounts prequalified. MCES can only approve up to the full amount of the $1 million appropriation. If
within a month, qualified applications submitted to MCES exceed the amount available, the dates of the
contractor bid/estimates will be used to determine the approvals (first qualified, first served) and the
remaining projects will be put on waiting list for further funding when available. If there are multiple
qualified applications with contractor dates on the same day that cannot be fully funded, MCES will use
a random assignment method to select those funded.
d. Agreements will be sent to cities for signature and, upon return with the first requests for
prequalification, signed by Council and executed copies returned to the City.
e. Cities must notify retail applicants of approval decisions and that the approved amount is the maximum
grant from MCES. hi addition that following the work completion, that the applicant must submit actual
receipts for work to get the rebate.
f. Cities to send info to MCES, basically certifying that the work was done and records auditable.
g. Within 30 days, MCES remits to Cities in amounts identified to specific individual site(s). Cities choose
when to remit to property owner(s).
h. MCES to reduce encumbrances. If claims are reimbursed in less than the prequalified amounts, the
released funding will become available for next applications in line (by contractor date).
16
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 28, 2014 RESOLUTION NO: 2014 -XX
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING THE APPLICATION FOR
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES)
CLEAN WATER FUND GRANT
WHEREAS, through efforts coordinated with the Metro Cities Association and the
Metropolitan Council, the 2013 Minnesota Legislature designated $1 Million of Clean Water
Grant Program Funds for a sanitary sewer inflow /infiltration reduction cost share grant program
for metropolitan cities to mitigate inflow and infiltration private sewer services; and
WHEREAS, the Metropolitan Council Environmental Services Division has been
assigned to administer the grant program; and
WHEREAS, after meeting with eligible cities and holding a public meeting for the
purpose of gathering public input, the Metropolitan Council approved processes, guidelines and
schedules for the grant program; and
WHEREAS, The Metropolitan Council Environmental Services has identified the City
of Chanhassen as one of many metro cities having an excessive amount of storm and ground
water, commonly referred to as Inflow and Infiltration, entering the sanitary sewer system; and
WHEREAS, the City of Chanhassen is willing to faithfully administer all terms of the
grant for the benefit of its property owners.
NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen will submit
application to the Metropolitan Council Environmental Services for its 2013 Clean Water Fund
I &I Grant Program, and
BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer, or his
successor or assignee, will act as the City of Chanhassen's designated authorized representative
and point of contact for this Grant Program.
Passed and adopted by the Chanhassen City Council this 28`s day of July, 2014.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT