[2023-28 Accept NOPEC Grant Attachment 2.pdf]
12166975v7
NOPEC 2023 ENERGIZED COMMUNITY
GRANT AGREEMENT
This Grant Agreement (the “Agreement”) is made and entered into by and between
NOPEC, Inc. (“Grantor”), and __________________, _____________ County, Ohio (“Grantee”;
“Grantor” and “Grantee,” the “Parties”) regarding a grant by Grantor to Grantee to be used
primarily for energy efficiency or energy infrastructure updates in accordance with NOPEC
Energized 2023 Community Grant criteria, guidelines and requirements (“NOPEC Policy”).
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and
covenants hereinafter set forth, the Parties hereby agree as follows:
Grant of Funds. Grantor hereby grants a NOPEC Energized 2023 Community
Grant (“NEC Grant”) to Grantee in the amount calculated by Grantor based on the number of
natural gas and/or electric accounts served by Grantor in Grantee in accordance with NOPEC
Policy in the amount determined by Grantor (“Funds”), for the purposes set forth in Grantee’s
Grant Disbursement Request, as amended, and incorporated by reference into this Agreement.
Use of Funds. Grantee shall use the Funds granted by Grantor for qualified use as
outlined in the program policies. Funds shall be paid in accordance with NOPEC Policy. NEC
Grant disbursements shall be accompanied by a completed Disbursement Request Form with the
expenditures supported by contracts, invoices, vouchers, and other data as appropriate as
supporting documents. All disbursements for qualified use in accordance with the program
policies must be submitted by November 30, 2025. If Grantee does not request disbursements by
Grantor on or before such date, Grantee shall forfeit any unused Funds for the NOPEC 2023 Grant
year.
Accounting of Funds. Grantee shall keep all Funds and make all disbursements
and expenditures consistent with the manner in which all public funds are kept by Grantee in
accordance with applicable law.
Term. The Parties agree that this Agreement shall begin on January 1, 2023, and
shall expire on December 31, 2023, and shall be automatically renewed annually unless Grantor
discontinues the NEC Grant program for any subsequent year or Grantee is no longer a NOPEC
member in good standing, as defined herein, or Grantor requires a new Grant Agreement from
Grantee.
Renewable Energy Credits. Grantee shall be entitled to claim Renewable Energy
Credits, carbon credits, or NOx allowances and/or allowances arising under other trading programs
that may be established in the future for the work completed using grant funding. Grantor reserves
the right to claim/apply for such allowances if Grantee does not claim such allowances or this
Agreement terminates. Grantee must notify Grantor if Grantee does not wish to trade or sell any
such credits or assets.
Records, Access and Maintenance. Grantee shall establish and maintain all
records associated with the Funds in accordance with the Ohio Public Records Act and shall
promptly make available to Grantor all of its records with respect to matters covered by this
Agreement, and for Grantor to audit, examine and make copies from such records. Grantee agrees
12166975v7
2
to share and release all of its utility and other data with NOPEC, Inc. and Northeast Ohio Public
Energy Council and its consultant(s) in order to measure, verify and otherwise track savings from
energy efficiency and for such other related uses as Grantor shall require.
Property and Equipment Purchases. All items purchased by Grantee from the
Funds granted herein are and shall remain the property of Grantee.
Inability to Perform. In the event that Grantee does not or cannot complete or
perform its obligations under this Agreement, Grantee shall immediately notify Grantor in writing.
Grantor, with the approval of the Committee formed to award NEC Grants (the “Committee”), and
Grantee shall jointly identify amendments or suitable uses that meet NOPEC Policy.
Dispute Resolution. In the event Grantee desires clarification or explanation of, or
disagrees with, any matter concerning the Agreement, or the interpretation or application of any
and all federal or state statutes, rules, regulations, laws or ordinances, the matter must be submitted
in writing to Grantor, which shall convene the Committee to review and decide the matter. All
decisions of the Committee shall be final and binding upon Grantee, and non-appealable.
Termination.
(a)
If Grantor determines that Grantee has failed to perform any requirements
of this Agreement, or if Grantee is in default under any provision of this Agreement, or upon just
cause, as shall be determined by the Committee, Grantor, upon approval by the Committee, may
terminate the Agreement at any time after providing Grantee with written notice and a period of at
least thirty (30) days to cure any and all defaults under this Agreement. During such thirty-day
cure period, Grantee shall incur only those obligations or expenditures which are necessary to
enable Grantee to continue to achieve compliance with the terms of this Agreement.
(b)
This Agreement shall automatically terminate if Grantee is not a NOPEC
member in good standing. A NOPEC member in good standing means a Northeast Ohio Public
Energy Council (“NOPEC” or “Northeast Ohio Public Energy Council”) member whose residents
are receiving service from Northeast Ohio Public Energy Council’s natural gas or electric
aggregation program, and which has not provided written notice to withdraw from such Northeast
Ohio Public Energy Council’s natural gas or electric aggregation program.
Effects of Termination.
(a)
Within sixty (60) days after termination of this Agreement, Grantee shall
surrender all reports, data, documents, and other materials assembled and prepared pursuant to this
Agreement which shall become the property of Grantor.
(b)
The Committee also may withhold any payment of the Funds or require
Grantee to return all or any part of the Funds awarded if Grantee is found to have violated the
provisions of this Agreement. Notwithstanding any other provision in this Agreement, if Grantee
either withdraws from membership in the Northeast Ohio Public Energy Council or from its
electric or natural gas aggregation program(s) or is otherwise not a member in good standing of
the Northeast Ohio Public Energy Council, Grantee shall no longer be eligible for any NEC Grants.
The provisions of this paragraph are in addition to the termination provisions of this Agreement
and to any payments required under the Northeast Ohio Public Energy Council Bylaws and the
12166975v7
3
Northeast Ohio Public Energy Council of Governments Agreement with its member communities
in connection with any such withdrawal.
Liability. Grantee shall maintain, or cause any vendors or subcontractors to
maintain, all required liability and property insurance to cover actionable legal claims for liability
or loss which are the result of injury to or death of any person, damage to property caused by the
negligent acts or omissions, or negligent conduct of the Grantee. To the extent permitted by law,
in connection with activities conducted in connection with this Agreement, Grantee agrees to
defend Grantor and pay any judgments and costs arising out of such negligent acts or omissions,
and nothing in this Agreement shall impute or transfer any liability of any nature whatsoever from
Grantee to NOPEC, Inc. or the Northeast Ohio Public Energy Council.
Compliance with Laws. Grantee agrees to comply with all applicable federal,
state, and local laws in the performance of the funding. Grantee is solely responsible for payments
of all unemployment compensation, insurance premiums, workers’ compensation premiums, all
income tax deductions, social security deductions, and any and all other taxes or payroll deductions
required for all employees engaged by Grantee on the performance of the work authorized by this
Agreement.
Miscellaneous.
(a)
Governing Law. The laws of the State of Ohio shall govern this Agreement.
All actions regarding this Agreement shall be venued in a court of competent subject matter
jurisdiction in Cuyahoga County, Ohio.
(b)
Entire Agreement. This Agreement and any documents referred to herein
constitute the complete understanding of the Parties and merge and supersede any and all other
discussions, agreements and understandings, either oral or written, between the Parties with respect
to the subject matter hereof.
(c)
Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall
be ineffective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provisions of this Agreement.
(d)
Notices.
All
notices,
consents,
demands,
requests
and
other
communications which may, or are required to be, given hereunder shall be in writing and
delivered to the addresses set forth hereunder or to such other address as the other party hereto
may designate from time to time:
In case of Grantor, to:
Charles W. Keiper, II
President
NOPEC, Inc.
31360 Solon Road
Suite 33
Solon, OH 44139
12166975v7
4
In case of Grantee, to:
Title:
Name:
, Ohio
(e)
Amendments or Modifications. Either party may at any time during the term
of this Agreement request amendments or modifications. Requests for amendment or modification
of this Agreement shall be in writing and shall specify the requested changes and justification
therefor. The Parties shall review the request for modification in terms of the funding uses and
NOPEC Policy. Should the Parties consent to modification of the Agreement, then an amendment
shall be drawn, approved, and executed in the same manner as the original Agreement.
(f)
Headings. Section headings contained in this Agreement are inserted for
convenience only and shall not be deemed to be a part of this Agreement.
(g)
Assignment. Neither this Agreement nor any rights, duties or obligations
described herein, shall be assigned or subcontracted by Grantee without the prior express written
consent of Grantor.
(h)
Authority. The undersigned represents and warrants to the other that each
has all the necessary legal power and authority to enter into this Agreement.
(i)
Determinations by Grantor Final. All determinations as to eligibility of any
uses of an award of any NEC Grant, and the amount and payment schedule of a NEC Grant, will
be made by Grantor and its Committee, which shall be final, conclusive and binding upon Grantee.
(j)
Designation of Grantee Representative. Grantee hereby designates its
[Fiscal Officer or other position] to take all actions with respect to the NEC Grant and this
Agreement as may be required and Grantor shall be entitled to rely on the authority of such
designated representative of Grantee in connection with this Agreement.
(k)
Marketing Consent. Grantee hereby authorizes NOPEC, Inc. and Northeast
Ohio Public Energy Council to use information about Grantee’s grant(s) and work funded in any
marketing they may conduct, and agrees to cooperate with Grantor in connection with such
marketing.
[Signature Page to Follow.]
12166975v7
5
IN WITNESS WHEREOF, the Parties hereto have executed this Grant Agreement on the
last date set forth below.
GRANTEE:
, Ohio
GRANTOR:
NOPEC, INC.
Individual Authorized by Grantee’s
Legislation
By:
By:
Title:
Title:
Date:
Date:
[Signature page to NOPEC 2023 Energized Community Grant Agreement.]
---
[2023-28 Accept NOPEC Grant Attachment 3.pdf]
CITY/VILLAGE
13563543v4
NORTHEAST OHIO PUBLIC ENERGY COUNCIL (NOPEC)
ENERGIZED COMMUNITY GRANT PROGRAM
(2023 NEC GRANT(S))
ORDINANCE1
AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY
TO ACCEPT NORTHEAST OHIO PUBLIC ENERGY COUNCIL
(NOPEC) 2023 ENERGIZED COMMUNITY GRANT
WHEREAS, the [CITY OR VILLAGE] of ____________________, Ohio (the “CITY” or
VILLAGE” or “GRANTEE”) is a member of the Northeast Ohio Public Energy Council (“NOPEC”) and is
eligible for one or more NOPEC Energized Community Grant(s) for 2023 (“NEC Grant(s)”) as provided for
in the NEC Grant Program guidelines; and
WHEREAS, the GRANTEE wishes to enter into a Grant Agreement with NOPEC, Inc. in
substantially the form presented to this Council to receive one or more NEC Grant(s); and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY/VILLAGE OF
_________________, COUNTY OF ________________, AND STATE OF OHIO, THAT:
SECTION 1. This Council of the GRANTEE (the “Council”) finds and determines that it is in
the best interest of the GRANTEE to enter into the Grant Agreement to accept the NEC Grant(s) for 2023, and
authorizes the Mayor to execute the Grant Agreement to accept the NEC Grant(s) funds.
SECTION 2. This Council finds and determines that all formal actions of this Council
concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and
that all deliberations of this Council and of any committees that resulted in those formal actions were in
meetings open to the public in compliance with the law.
SECTION 3. This Ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and welfare of the GRANTEE; wherefore, this Ordinance
shall be in full force and effect immediately upon its adoption and approval by the Mayor of the GRANTEE.
DATED ADOPTED: ________________, 2023
President of Council
Submitted to the Mayor for his/her
Approval on this _____ day of
_____________________, 2023
Approved by the Mayor
_______________________, 2023
_______________________________________
______________________________
Clerk of Council
Mayor, City/Village of ____________
1 NOTE THAT THIS IS A MODEL FORM. EACH MUNICIPALITY (AND OTHER POLITICAL SUBDIVISION)
MUST COMPLY WITH ITS CHARTER AND ANY SPECIFIC LOCAL RULES, PROCEDURES AND
ORDINANCES.
---
[2023-28 Accept NOPEC Grant Attachment 4.pdf]
Energized
Community
(NEC) Grant
The NOPEC Energized Community (NEC)
Grant Program provides grants to NOPEC
member communities for energy-related projects.
Established by NOPEC Inc. and NextEra Energy, the
primary goal of providing funds is to help implement
energy savings or energy infrastructure measures.
Ideas for 2023 Grant Projects
Grants can be used for government, residential,
and commercial properties. Here are some
examples of what you can do with your grant dollars:
• Lease or purchase of plug-electric vehicles
• Traffic signal upgrades
• Energy-efficient windows
• Solar-powered LED stop signs
• Energy-efficient air conditioner
• Electrical upgrades
• Generators
• Door replacement
• LED lighting upgrades
• Service garage insulation
• Energy-efficient metal roof system
• Installation of radius ceiling fans
• Energy efficient kitchen appliances
Secure Your Grant Dollars
Step 1: Submit Profile at nopecgrants.org —
Due by June 30th, 2023
A. Accept funds by passing community legislation
B. Complete grant agreement
Step 2: Draw Funds — Due by November 30th, 2025
A. Submit disbursement requests
Questions?
Contact Jessica Renner, Community Investment
Manager, at grants@nopecinc.org.
SM
---
[2023-28 Accept NOPEC Grant Attachment.pdf]
NOPEC Energized Community (NEC) Grant
2023 Program Policies
NOPEC, Inc. and NextEra Energy have established the NOPEC Energized Community
Grant Program, which provides grants to existing NOPEC member electric and gas
communities. Existing member communities are defined as those with metered
accounts enrolled in NOPEC’s electric and/or gas aggregation during the previous
calendar year. The new grant program year will begin on January 1, 2023, with the
primary goal of providing funds to help communities implement energy savings or
energy infrastructure measures.
NEC grants are intended to be used by member communities primarily for energy
related projects. Member communities will be permitted, on a case-by-case basis, to
use grants for purposes other than energy efficiency or energy infrastructure
improvements.
The policies governing the grant program have been approved by the Board of
Directors. The Community Investment Manager (CIM) will have oversight and day-to-
day management responsibility for the program.
Deadlines: NOPEC member communities that wish to accept the grant award must
have a completed and approved profile by June 30, 2023. Any grant funds not
accepted, with an approved community profile by June 30, 2023, will be returned to the
grant pool. Grant funds must be drawn down via disbursement request by November
30, 2025. Funds not drawn down by that date will be returned to the grant pool.
Eligibility and Notification: Existing NOPEC member communities enrolled in both gas
and electric on January 1, 2023, will be paid cash grants at the rate of [$4] per enrolled
account for gas and [$6] per enrolled account for electric per year. Existing NOPEC
member communities enrolled in the gas program on January 1, 2023, only will be paid
cash grants at the rate of [$3] per enrolled account. Existing NOPEC member
communities enrolled in the electric program only on January 1, 2023, will be paid cash
grants at the rate of [$5] per enrolled account. Enrolled accounts will be determined
based on an average, using August 2021-September 2022 metered accounts. The
minimum grant amount will not be less than $250.00 for all eligible communities.
Member counties and regional council of governments (COG) will also receive grants
based on the communities and programs enrolled through the county or COG
membership. Grants will be calculated using the same averaging method as the
community grants. County and regional COG members will receive [$1.50] for gas and
2
[$2] for electric, per enrolled account per year, in communities enrolled for both
programs, and [$.50] for gas or [$1.00] for electric, in communities enrolled for a single
aggregation program.
The Chief Elected Official and the Chief Financial Official of member communities,
regional COG and counties will be notified by letter in January 2023 of the grant amount
available for its use. Each community must enter into a grant agreement, if required,
with NOPEC, Inc. Each year, the community must pass legislation accepting the grant
and identifying the position (with person currently holding that position) authorized to
conduct on-line program activities on behalf of the community. All grant activities,
including the profile and disbursement request processes, will be completed, and
submitted online.
Processing: The first step for the NEC grant program is completing the community
profile. Returning users may use the same account created in 2022 and new grant
representatives will create a community profile in the online grant program for a new
community.
As part of the profile, all communities will upload a pdf file of the legislation approved by
the member community accepting the NEC grant and upload a pdf file of executed
Grant Agreement. The deadline to accept the grant and upload the required
documents for the profile step is June 30, 2023. Any grant funds not accepted with an
approved community profile will be returned to the grant pool.
Communities must complete disbursement requests to draw down their accepted NEC
Grant funds. New requests will be reviewed on an ongoing basis. Appropriate
supporting documents (e.g., invoices, AIA forms, or receipts) must be attached. All
disbursement requests must be submitted electronically in the grant system. NEC Grant
funds must be drawn down using the first in first out (FIFO) accounting method,
meaning communities must draw down previous NEC Grant award balances prior to
accessing the 2023 award.
Staff will review each request to determine if it meets the criteria and formally approve
each project funded. Communities may begin the work during the review process, but it
does not guarantee funding approval. Work that is determined to be emergencies,
based on immediate health and/or safety issues, may be eligible to begin without formal
approval.
Eligible uses include those that reduce electric and/or gas utility consumption through
facility improvements and/or implementing infrastructure improvements. Examples
include interior and exterior lighting, windows and doors, insulation, HVAC, geothermal
and solar. Streetlights and traffic lights are also eligible, if a demonstrated utility savings
to the community will result. Examples of ineligible projects would include vehicles or
equipment (other than an emergency generator) that are powered by gasoline or diesel,
and do not reduce utility costs. Project examples for eligible energy infrastructure
include natural gas filling stations, electric vehicle charging stations and emergency
3
generators. Installing power to a facility such as a gazebo or baseball field are other
examples of eligible energy infrastructure.
In addition to the projects listed above, communities may use grant funds for the lease
or purchase costs of plug-in electric vehicles.
Grants may also be used to benefit commercial properties. Options include covering
the cost of energy audits or set-up costs for establishing an Energy Special
Improvement District. Programs benefitting residents are also eligible. Providing
residents LED light bulbs or establishing a residential energy audit program funded by
the NEC grant program are two examples.
Multi-jurisdictional uses are eligible. Each community must request its own grant funds
for a multi-jurisdictional use. Non-NOPEC members may be part of a multi-jurisdictional
use but will not be eligible for any grant funds from NOPEC.
If a community completed work that meets the eligibility requirements within the
previous calendar year it may submit that project for the grant.
If a member community conducts an energy audit for the proposed work, audit costs
may be defrayed with grant funds. The audit must be performed by a credentialed
professional.
Once the request is reviewed and approved, the community will receive written
confirmation. Each approved request will become an exhibit to the Grant Agreement. A
member community must be a member in good standing of the Northeast Ohio Public
Energy Council, as defined in the NOPEC, Inc. Grant Agreement with the community, at
the time of written confirmation and at the time of disbursement to receive a 2023 NEC
Grant award.
Project Completion and Funds Disbursement: Communities are responsible for
contracting all work to be completed for community-owned facilities or work, in
accordance with local requirements, with qualified professionals. Disbursements will be
made until funds have been depleted. All disbursements will be made by Automatic
Clearing House (ACH) process to an account designated by the community. For
existing NOPEC communities enrolled in the gas program only, 2023 NEC Grant
awards will become available for disbursement after the community has an approved
2023 profile. Those communities receiving a bonus rate for the award calculation, will
have those bonus amounts (sans electric base award) available for disbursement after
they have an approved 2023 profile. Base electric awards will become available for
those communities with an approved 2023 grant profile on October 1, 2023.
This is not a reimbursement grant, i.e., communities are not required to pay the invoice
prior to submitting it for a grant disbursement. Communities create the Disbursement
Request(s) with appropriate supporting documents submitted on-line. Appropriate
supporting documents include invoices or AIA forms for work completed or signed
4
contracts that specify an advance prior to the start of the project. Quotes or proposals
are not acceptable documents for Disbursement Requests.
The CIM will review all disbursement requests and submit them for processing to the
NOPEC CFO. All disbursements are approved by the Executive Director or other
authorized person. NOPEC will close out a community’s grant when all grant funds have
been disbursed or any remaining funds are returned to the grant pool.
Reports: Communities using grant funds for energy efficiency projects will submit an
annual report to NOPEC for two years following project completion, if the project is
selected for measurement and verification. The report will provide information on the
energy saved (measured by units and dollars) in the previous year resulting from that
project. This report will be prepared by a third-party consultant contracted by NOPEC,
Inc. The community will agree to authorize NOPEC to provide the appropriate utility
account information for the designated project site to the consultant for the purpose of
completing the annual reports.
The CIM will track all open grants and provide periodic status reports to the NOPEC
Executive Director and to both the NOPEC and NOPEC, Inc. Boards of Directors.
Reports will include the number of communities with open grants available and the total
funds disbursed to date.
All determinations made by NOPEC, Inc. and NOPEC in administering the NEC Grant
Program, including whether a community is a member in good standing of NOPEC,
shall be final, conclusive, and binding on all grant recipients.
---
[2023-28 Accept NOPEC Grant.pdf]
CITY OF NORTH OLMSTED
ORDINANCE NO. 2023 - 28
By: Mayor Jones
AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO
ACCEPT THE NORTHEAST OHIO PUBLIC ENERGY COUNCIL (NOPEC)
ENERGIZED
COMMUNITY
GRANTS
FOR
2023;
FURTHER
AUTHORIZING THE MAYOR TO ENTER INTO GRANT AGREEMENTS,
AND DECLARING AN EMERGENCY.
WHEREAS, the City of North Olmsted, Ohio (“City” or “Grantee”) is a member of the
Northeast Ohio Public Energy Council (“NOPEC”) and has been notified that it is eligible for
one or more NOPEC Energized Community Grants for 2023 (“NEC Grants”), and as provided
for in the NEC Grant Program guidelines; and
WHEREAS, the City as Grantee wishes to enter into a Grant Agreement with NOPEC,
Inc., in substantially the form presented to this Administration to receive one or more NEC
Grants; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO:
SECTION 1: That this Council of the City of North Olmsted, Ohio finds and determines
that it is in the best interest of the City as Grantee to enter into the Grant Agreement to accept the
NEC Grants for 2023, and hereby authorizes the Mayor to execute the Grant Agreement to
accept the NEC Grants as awarded.
SECTION 2: That this Council finds and determines that all formal actions of this
Council concerning and relating to the adoption of the Ordinance were taken in an open meeting
of this Council and that all deliberations of this Council and of any committees that resulted in
those formal actions were in meetings open to the public in compliance with the law.
SECTION 3: That this Ordinance is hereby declared to be an emergency measure
immediately necessary for the preservation of the public health, safety and welfare, and it is
necessary that this Ordinance go into effect immediately to fulfill NOPEC acceptance deadlines,
and further provided it receives the affirmative vote of two-thirds of all members of Council, it
shall take effect and be in force immediately upon its passage and approval by the Mayor.
PASSED: ________________________
First Reading: _______________
Second Reading: _______________
Third Reading: _______________
Committee: __________________
ATTEST:
_____________________________
__________________________
BEATRICE TAYLOR
LOUIS J. BROSSARD
Clerk of Council
President of Council
2
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr._________
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law