Agenda 09/12/2017 Item #16A3509/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a resolution that approves an agreement between Collier County and
the Florida PACE Funding Agency to administer a Property Assessed Clean Energy (PACE)
program within the unincorporated area of Collier County, an indemnification agreement between
Collier County and Counterpointe Energy Solutions (FL) LLC, third party administrator, and
authorize the chairman of the Board of County Commissioners (Board) to sign these agreements.
OBJECTIVE: To approve a resolution that approves an agreement with the Florida PACE Funding
Agency (“FPFA”), a Property Assessed Clean Energy (PACE) program provider, an indemnification
agreement between Collier County and Counterpointe Energy Solutions (FL) LLC, third party
administrator, and authorize the chairman to sign these agreements.
CONSIDERATIONS: In 2010, the State of Florida passed its PACE enabling statute, F.S. Section
163.08, in an effort to promote energy efficiency, renewable energy, and wind resistance/hardening
measures for residential and commercial buildings throughout the State of Florida.
PACE financing is a land-secured assessment that property owners voluntarily undertake in order to
secure 100% upfront financing, of a qualifying improvement, which includes fees and interest over the
term of the PACE assessment. PACE loans are unique in that they take priority over other traditional
liens, regardless of the date the prior liens were recorded, and utilize the uniform method of collection
through the local tax collector for repayment.
On June 8, 2010, the PACE program was originally considered by the Board of County Commissioners
(Item 9A). The Board ultimately determined not to move forward with the program since the PACE
program faced many legal challenges, including the Florida’s Bankers Association challenging the
constitutionality of the program.
On October 15, 2015, the Florida Supreme Court upheld the constitutionality of the PACE statute and the
local government’s authority to issue bonds to finance qualifying improvements.
On November 15, 2016, staff provided the Board of County Commissioners with an overview of the
program (Item 11A). The Board showed interest in the program and directed staff to develop a resolution
for further consideration that adopts a third-party administered PACE program for residential and
commercial properties.
On April 11, 2017, the Board of County Commissioners directed staff to provide additional information
and an overview of the PACE program for further consideration (Item 11A).
On April 25, 2017, the Board of County Commissioners directed staff to move forward with the program
and develop a resolution and bring forward agreements with potential providers that wish to administer a
third-party administered PACE program for residential, commercial, and industrial properties (Item 11A).
County staff has been in communication with multiple PACE providers, who are requesting that staff
bring the program forward as a viable option for property owners to fund improvements that they would
not otherwise qualify for through conventional methods.
Pursuant to Board direction the intent of this item is to seek approval to authorize the chairman of the
Board of County Commissioners to sign an agreement between Collier County and Florida PACE
Funding Agency to administer a property assessed clean energy (PACE) program within the
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unincorporated area of Collier County, and an indemnification agreement between Collier County and
Counterpointe Energy Solutions (FL) LLC, third party administrator for Florida PACE Funding Agency.
Staff will continue to work with any additional providers/third party administrators seeking to operate
within Collier County. In accordance with Section 163.01(7), each membership agreement will be
brought back to the Board for consideration for each PACE provider/third party administrator that would
like to operate and offer PACE financing in Collier County.
FISCAL IMPACT: There is no anticipated fiscal impact to the County as a result of the actions
described in this Executive Summary. The Agreements with Florida PACE Funding Agency and
Counterpointe Energy Solutions (FL) LLC, third party administrator for Florida PACE Funding Agency,
for a PACE program, include terms that would allow the County to exercise provisions to offset any
unforeseen costs by administrative fees that could be established and approved by the Board through
separate action, if necessary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote is needed
for Board approval. --HFAC
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve a resolution that approves an agreement with the Florida PACE
Funding Agency, a Property Assessed Clean Energy (PACE) program provider, an indemnification
agreement between Collier County and Counterpointe Energy Solutions (FL) LLC, third party
administrator for the Florida PACE Funding Agency, and authorize the chairman the Board of County
Commissioners to sign these agreements.
Prepared By: Gino Santabarbara, Principal Planner, Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. Resolution - 072617 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.35
Doc ID: 3519
Item Summary: Recommendation to approve a resolution that approves an agreement between
Collier County and the Florida PACE Funding Agency to administer a Property Assessed Clean Energy
(PACE) program within the unincorporated area of Collier County, an indemnification agreement
between Collier County and Counterpointe Energy Solutions (FL) LLC, third party administrator, and
authorize the chairman of the Board of County Commissioners (Board) to sign these agreements.
Meeting Date: 09/12/2017
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
07/21/2017 9:35 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
07/21/2017 9:35 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 07/28/2017 10:47 AM
Growth Management Department James French Additional Reviewer Completed 07/31/2017 6:28 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 08/01/2017 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/07/2017 3:43 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/07/2017 4:17 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 08/09/2017 8:28 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/09/2017 3:02 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM
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Packet Pg. 718 Attachment: Resolution - 072617 (3519 : Florida PACE Funding Agency, a Property Assessed Clean Energy (PACE) program)
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