Backup Documents 05/28/2019 Item #11G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 7/16/19
4. BCC Office Board of County NA-V
Commissioners C / —1\-1
5. Minutes and Records Clerk of Court's Office fi(5- 3:41pk-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff James French,G wth Management 252-5717
Contact/Department
Agenda Date Item was 5/28/19 Agenda Item Number 11-G
Approved by the BCC d�
Type of Document Resolution-PACE Number of Original One
Attached Documents Attached
PO number or account
number if document is N/A ����-11to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 5/28/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's _ -- - an option for
Office has reviewed the changes,if applicable. t' line.
9. Initials of attorney verifying that the attached document is the version approved b tie . '\S,• /A not
BCC,all changes directed by the BCC have been made,and the document is read for e . op ion for
Chairman's signature. this
c -
[04-COA-01081/1344830/1]l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
11G
MEMORANDUM
Date: July 17, 2019
To: Jamie French
Growth Management Division
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2019-097
Attached for your records is a copy of the document referenced above,
(Item #11G) adopted by the Board of County Commissioners on May 28, 2019.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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RESOLUTION NO.2019- 9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
REPEALING THE EXISTING PROPERTY ASSESSMENT
CLEAN ENERGY (PACE) PROGRAM WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY, AND
ESTABLISHING A NEW PACE PROGRAM WITHIN COLLIER
COUNTY LIMITED TO COMMERCIAL, INDUSTRIAL AND
MULTI-FAMILY RENTAL APARTMENT PROPERTIES, AND
APPROVING A STANDARD FORM AGREEMENT WITH PACE
PROVIDERS.
WHEREAS, on July 11, 2017 by Resolution No. 2017-130, the Board of County
Commissioners adopted a resolution establishing the Property Assessment Clean Energy(PACE)
program within the unincorporated areas of Collier County for residential, commercial and
industrial properties; and
WHEREAS, it has been reported that potential abuses of the PACE program have taken
place, largely from a minority of PACE program contractors; and
WHEREAS, the Board desires to terminate the existing PACE program and establish a
new PACE program limited to commercial,industrial and multifamily rental apartment properties;
and
WHEREAS, with the new program, commercial, industrial, and multi-family rental
apartment property owners of Collier County may improve energy efficiency, install energy
improvements or retrofits, wind resistance/wind hardening measures, and improve water
conservation through a PACE financing program pursuant to Section 163.08,Florida Statutes;and
WHEREAS, a PACE financing program is a financing structure by which commercial,
industrial, and multi-family rental apartment property owners may voluntarily opt into a special
assessment district to receive a loan to finance energy improvements and retrofits, where those
loans are repaid through an annual assessment on the property owner's property tax bill; and
WHEREAS, PACE providers that have been created under Section 163.01(7) Florida
Statutes are considered local governments,and the County may select from those PACE providers
and enter into agreements with the selected providers,without proceeding with a solicitation; and
WHEREAS, such County agreements with PACE providers shall include County
requirements and protections; and
WHEREAS, such County agreements with PACE providers shall also require PACE
providers to acknowledge the County's role in authorizing PACE in unincorporated Collier
County, while still making it clear to consumers that the County is not operating any PACE
program.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board desires to terminate the existing PACE Program in Collier County and hereby
repeals Resolution Nos. 2017-127, 2017-128, 2017-129, 2017-130, and 2017-153, noting
that the executed membership agreements will be valid for close out of existing contracts
for a period of 90 days after written notice to the PACE provider; and property owners
whose applications were approved and who received funding through the program, shall
continue to be a part of the program for the sole purpose of paying their outstanding debt,
until such time that all outstanding debt has been satisfied.
2. The Board hereby establishes a new PACE Program within the unincorporated area of
Collier County, limited to commercial, industrial, and multi-family rental apartment
properties.
3. It is the intent of this Board to enter into agreements with multiple PACE providers,
specifically entities created pursuant to Section 163.01(7), Florida Statutes, who may wish
to operate a PACE program within Collier County, to foster competition and create
additional choices for property owners.
4. The Board approves the standard form membership agreement attached as Exhibit A to this
Resolution and directs staff to bring back executed membership agreements substantially
in the form attached as Exhibit A.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote favoring same this 2.$ -,
day of \--Ac1/4_, , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYS.J L `41 JNZEL, CLERK COLLIER COU LORIDA
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- tg:"�"• a"A.,:I_ ,,};1'y ty Clerk Will*.m L. Mc•.me , Jr., Cha • an
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11G
STANDARD MEMBERSHIP AGREEMENT BETWEEN
AND COLLIER COUNTY
This Agreement ("the Agreement") is entered into this day of , 2019 by and between the
, a public body corporate and politic (the "Authority") created as a
separate legal entity pursuant to Section 163.01(7), Florida Statutes, and Collier County, a political
subdivision of the State of Florida (the "County" or "Collier County") (collectively, the "Parties") for the
purpose of providing a Property Assessed Clean Energy("PACE") program within Unincorporated Collier
County.
NOW,THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set
forth,the Parties agree as follows:
1. Purpose.The purpose of this Agreement is to facilitate the financing of qualifying improvements
through a PACE program,in accordance with Section 163.08,Florida Statutes,for County property
owners within Unincorporated Collier County, limited to only commercial, industrial, and multi-
family rental apartment properties.
2. Qualifying Improvements. The Authority may provide "Qualifying Improvements" to real
property within Unincorporated Collier County, in accordance with Section 163.08, Florida
Statutes, and subject to the terms of this Agreement, as well as applicable federal, state, and
County law.
3. Financing Agreement. Before extending any financing or subjecting any participating real
property within the County, to the non-ad valorem special assessment authorized therein, the
Authority shall, on a non-exclusive basis pursuant to the Section 163.08, Florida Statutes and this
Agreement, enter into a Financing Agreement with properly owner(s) within Unincorporated
Collier County who qualify for financing through the Authority. This Financing Agreement shall
include a thorough explanation of the PACE financing process and specify at what point in the
process the special assessment will be added to the property's owner's property taxes (after
completion of the project(s), permit approval,and approval by the property owner).
4. Assessment by Authority. The Parties acknowledge and agree that the non-ad valorem
assessments arising from a property owner's voluntary participation in the PACE Program are
imposed by the Authority and not by the County.
5. Agreements with Tax Collector and Property Appraiser. This Agreement shall be subject to the
express condition precedent that Authority enter into separate agreement(s) with the tax
collector and the property appraiser which shall provide for the assessment and collection of any
non-ad valorem special assessments imposed by the Authority and establish Cost Recovery
Reimbursements to the Collier County Tax Collector and Collier County Property Appraiser(if any)
to be charged for the collection and/or handling of those non-ad valorem assessments.
Additionally, the Parties agree that the Property Appraiser's and Tax Collector's assessment,
collection, and distribution of any such non-ad valorem assessments imposed by the Authority
are purely ministerial acts.
[19-CMD-00140/1466500/1]
Pace Standard Agreement-no residential
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6. Non-Exclusive. The Program is non-exclusive, meaning the County specifically reserves the right
to authorize other entities to provide a similar program under Section 163.08, Florida Statutes;or
create its own program under Section 163.08; Florida Statutes.
7. Boundaries of for Program. For purposes of the PACE Program authorized by this Agreement,the
boundaries of the Authority shall include the legal boundaries of Unincorporated Collier County,
which boundaries may be limited, expanded, or more specifically designated from time to time
by the County by providing written notice to the Authority.
8. Properties. Within the Unincorporated area of Collier County, only commercial, industrial, and
multi-family rental apartment properties are eligible.
9. PACE program guidelines and other materials. All PACE materials for use within Unincorporated
Collier County, or otherwise related to this Agreement, including but not limited to program
guidelines, rules, consumer agreements, consumer financing agreements, and promotional
materials,shall be fully consistent with the Collier County Land Development Code,Collier County
Code of Laws and Ordinances,and Collier County resolutions,all of which may be amended from
time to time, and with this Agreement and applicable federal and state laws. The Authority
acknowledges and agrees that PACE materials for use within Unincorporated Collier County, or
otherwise related to this Agreement,shall be modified accordingly and reviewed on a continuing
basis for consistency with applicable County, state and federal laws. It shall be the obligation of
the Authority to establish and maintain such consistency. County shall provide written notice to
the Authority of any proposed legislative changes to the PACE program via electronic transmission
or US Mail no later than five (5) days prior to the public hearing on the proposed legislative
changes.
10. Local program Guidelines.The Parties agree that the County may in the future implement its own
local program guidelines or affirmatively modify the program guidelines to be utilized in
Unincorporated Collier County. If the County decides to exercise these rights, it shall give sixty
(60)days written notice to the Authority.Any such local program guidelines can be amended and
changed only by resolution of the Board of County Commissioners.The County may adopt more
restrictive guidelines than those of the Authority. Notwithstanding anything stated herein to the
contrary, the PACE materials, including the Authority's program guidelines, shall be fully
consistent with applicable County,state and federal laws.
11. Prepayment penalties. To the extent that the Authority may charge or impose prepayment
penalties, for commercial and industrial properties, the Authority may not allow or charge any
prepayment penalties except in the case when an assessment is paid off in full within five(5)years
after the effective date of financing agreement with the property owner. Where the Authority
may charge or impose prepayment penalties for commercial and industrial properties, the
Authority shall offer and inform property owners of the Authority's hardship exception, for
instances where a commercial and industrial property owner becomes disabled or deceased.Any
such prepayment penalties, as well as information about the hardship exception,shall be clearly
disclosed within all property owner financing agreements and in all PACE materials,including but
not limited to program guidelines, program rules, consumer agreements, and consumer
informational documents. For commercial and industrial properties, prepayment penalties may
be charged or imposed by the Authority to the extent permitted by law.
[19-CMD-00140/1466500/11
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12. Disclosures. The PACE materials, including but not limited to the Financing Agreement with the
property owner, consumer agreement, and program guidelines, shall clearly disclose, in plain
language, the fixed interest rate to be charged, including points, as well as any and all fees or
penalties,that may be separately charged to the property owner,including prepayment penalties
for commercial and industrial properties, and potential late fees. To the extent that additional
fees are not specifically disclosed in a written agreement with the properly owner,the subsequent
charging or collecting of any such additional fees by the Authority or its agents,administrators,or
subcontractors shall be prohibited. The Authority shall place the following sentence or similar
language(without the County's logo)on all customer communications and agreements:
Please be aware that Collier County government is not operating or administering the
PACE program in any way.All contractual PACE agreements are between property owners
and the Authority, a non-County entity. All questions and concerns about this PACE
Program should therefore be addressed to: [Authority contact/remedy information].
13. Consumer Assistance. In order to assist those persons who may have difficulty reading or
understanding the PACE materials, such as the Financing Agreement, program guidelines and
other consumer agreements, the Authority shall provide optional one-on-one assistance
regarding the Authority Program, program terms, program process, program documents,and all
other pertinent information. Information regarding this option for personal assistance shall be
printed in English,Spanish,and Haitian Creole on PACE promotional materials.
14. Disclosures related to lenders. While the Authority will provide required forms for lender
notification, the Authority shall make clear that the ultimate responsibility for addressing issues
with existing lenders remains with property owners. A statement to this effect should be placed
in the PACE materials, including all agreements with the property owner. In addition, the PACE
materials, including all agreements with the property owners, shall include a statement that
strongly urges the property owner to increase monthly escrow immediately after financing is
released.
15. Administrative Fees. The County may impose administrative fees to cover the County's
administrative costs related to this Agreement. Such administrative fees may be established by
the Collier County Board of County Commissioners, by separate action, and shall be charged to
the Authority. The County shall provide written notice to the Authority of any proposed legislative
changes to the PACE program via electronic transmission or US Mail no later than five (5) days
prior to the public hearing on the proposed legislative changes.
16. Responsibilities of the Authority. The Authority shall be solely responsible for all matters
associated with origination, funding, financing, and administration of each of the Authority's
authorized non-ad valorem assessments, including responding to any complaints or inquiries by
participants, tax certificate holders, lenders or others relating to the special assessments, the
financing agreements,the qualifying improvements, or any other aspect of the Program.
17. Survival of Assessments. During the term of this Agreement, the Authority may, on a non-
exclusive basis, levy voluntary non-ad valorem special assessments on participating properties
within the boundaries of Unincorporated Collier County to help finance the costs of Qualifying
Improvements for those individual properties.Those properties receiving financing for Qualifying
(19-CMD-00140/1466500/1]
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Improvements shall be assessed from time to time, in accordance with Section 163.08, Florida
Statutes,and other applicable law. Notwithstanding termination of this Agreement or notice of a
change in boundaries by County as provided for herein, those properties that have received
financing for Qualifying Improvements shall continue to be a part of the Authority,until such time
that all outstanding debt has been satisfied.
18. Term.This Agreement shall remain in full force and effect from the date of its execution by both
Parties. Any Party may terminate this Agreement for convenience upon ninety (90) days prior
written notice("Termination Notice").Beginning on the date the Authority receives a Termination
Notice from the County ("Termination Date"), the Authority shall not approve any new
applications affecting property within the legal boundaries of the Unincorporated Collier County
referenced in the Termination Notice. Notwithstanding termination of this Agreement, however,
property owners whose, applications were approved prior to the Termination Date, and who
received funding through the Program, shall continue to be a part of the Authority, for the sole
purpose of paying their outstanding debt, until such time that all outstanding debt has been
satisfied.
19. Kick-Back Policy. PACE programs shall have and shall strictly enforce anti-kickback policies and
procedures that prohibit direct financial or other monetary incentives to contractors in exchange
for or related to such contractor being awarded work under a PACE program,excepting payment
for the contractor's installation of eligible improvements.
20. Termination for cause. In the event that Collier County determines that the Authority has violated
any of the terms of this Agreement, the County shall terminate this Agreement for cause via
written notice to the Authority.
21. Consent. This Agreement, together with the resolution by the Collier County Board of County
Commissioners approving this Agreement, shall be considered the Parties consent to authorize
the Authority within Unincorporated Collier County, as required by Section 163.08, Florida
Statutes.
22. County Coordinator.The County Manager or his/her designee shall serve as the County's primary
point of contact and coordinator.
23. County Responsibility. Collier County shall have no responsibility for the payment of Authority
fees or the Authority's third party administrator fees, of any kind, including but not limited to
termination fees, Opt-in fee, maintenance fee, or Opt-out fees. In the event that fees become
due, the Authority shall pay any and all associated costs within 30 calendar days. If Authority
membership is required,County shall also be a non-voting member of the Authority.
24. Carbon or Similar Credits.In the event that the Financing Agreement or any other PACE agreement
with the property owner provides for transfer of any carbon or similar mitigation credits derived
from Qualifying improvements to the Authority, any such carbon or similar mitigation credits
derived from Unincorporated Collier County,shall be shared in equal parts between the Authority
and Collier County.
25. Contingency Plans. In the event that Florida's PACE statute is found to be unlawful, struck down
by a court, or if the PACE assessments are determined by a court to not be special assessments,
[19-CMD-00140/1466500/1]
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11G
the Authority agrees and acknowledges that Collier County may not be able to place PACE
assessments on the tax rolls or collect PACE assessments, and that such a determination shall be
made in the sole discretion of Collier County.
26. Bonds. The Authority is not authorized to issue bonds, or any other form of debt, on behalf of
Collier County. To the extent that the Authority issues bonds under its own authority in
connection with this Agreement, the pledge will be based on the PACE assessments, and the
County shall not be obligated in any way. For any such bonds, the bond disclosure document, if
any, shall include references to the fact that Collier County is not an obligated party.
27. Opinion of Bond Counsel. Prior to the effective date of this Agreement,the Authority shall deliver
to the County an "Opinion of Bond Counsel" stating that, based on counsel's review of the bond
validation judgment and the underlying bond documents,the Program's structure complies with
the bond validation judgment and the underlying bond documents.The Authority acknowledges
that the County is relying on the Opinion of Bond Counsel in its decision to execute this
Agreement.
28. Resale or Refinancing of a Property.The Authority recognizes that some lenders may require full
repayment of the Program's non-ad valorem assessments upon resale or refinancing of a
property. The Authority agrees to provide written disclosure of this matter in all PACE materials,
including, but not limited to, the Financing Agreement with the property owner, consumer
agreement, program guidelines,and promotional materials.
29. Agents of Authority. The Authority shall ensure that its agents, administrators, subcontractors,
successors, and assigns are, at all times, in compliance with the terms of this Agreement and
applicable County, state and federal laws.County shall provide written notice to the Authority of
any proposed legislative changes to the PACE program via electronic transmission or US Mail no
later than five (5)days prior to the public hearing on the proposed legislative changes.
30. Notices.Any notices to be given hereunder shall be in writing and shall be deemed to have been
given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by
written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is
intended, at the place specified. For the present, the Parties designate the following as the
respective places for notice purposes:
If to the Authority:
(Insert contact information)
If to County:
County Manager
3299 Tamiami Trail East,Suite 202
Naples, FL 34112
[19-CMD-00140/1466500/11
Pace Standard Agreement-no residential
3/19/19
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1 "
With a copy to:
County Attorney
3299 Tamiami Trail East,Suite 800
Naples, FL 34112
31. Amendments. No modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
formality as this agreement and executed by the Collier County Board of County Commissioners
and the Authority.
32. Joint Effort. This Agreement has been a joint effort of the Parties hereto and the resulting
document shall not,solely as a matter of judicial construction,be construed more severely against
one of the Parties than the other.
33. Merger.This Agreement represents the final and complete understanding of the Parties regarding
the subject matter hereof and supersedes all prior and contemporaneous negotiations,
correspondence,agreements,or understandings applicable to the matters contained herein;and
the Parties agree that there are no commitments,agreements,or understandings concerning the
subject matter of this Agreement that are not contained in this document.Accordingly,the Parties
agree that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements,whether oral or written.
34. Assignment. The respective obligations of the Parties set forth in this Agreement shall not be
assigned, in whole or in part, without the written consent of the other Party hereto.
35. Third Party Beneficiaries. Neither the County nor the Authority intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
36. Records.The Parties shall each maintain their own respective records and documents associated
with this Agreement in accordance with the requirements for records retention set forth in
Chapter 119, Florida Statutes.
37. Severability. In the event a portion of this Agreement is found to be unenforceable by a court of
competent jurisdiction,that part shall be deemed severed from this Agreement and the remaining
provisions of this Agreement shall remain in full force and effect.
38. Administrator Indemnification. Any and all administrators of the Authority shall be required to
execute a separate indemnification agreement with the County.The Authority acknowledges and
agrees that as of the execution of this Agreement, is the only
administrator for the Authority, and that has
executed the separate indemnification agreement with Collier County for the benefit of the
County. If the Authority changes its administrator, the Authority shall ensure that any and all
administrators also provide the County with a separate indemnification agreement, on a form to
be approved by the County Attorney's Office,within 10 business days of assuming administrative
responsibilities for the Authority.
[19-CMD-00140/1466500/11
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39. Effective Date.This Agreement shall become effective upon the execution by both Parties hereto.
40. Law,Jurisdiction, and Venue. This Agreement shall be interpreted and construed in accordance
• with and governed by the laws of the state of Florida.The Parties agree that the exclusive venue
for any lawsuit arising from, related to,or in connection with this Agreement shall be in the state
courts of the Twentieth Judicial Circuit in and for Collier County, Florida,the United States District
Court for the Middle District of Florida or United States Bankruptcy Court for the Middle District
of Florida, as appropriate.
41. Indemnification.To the maximum extent permitted by Florida law,the Authority shall indemnify
and hold harmless Collier County, its officers, agents and employees from any and all claims,
liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission,
including,but not limited to,reasonable attorneys'fees and paralegals'fees,to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Authority or any of its
agents,officers, servants, employees, contractors, patrons,guests, clients, licensees, invitees,or
any persons acting under the direction, control, or supervision of the Authority in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The Authority shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
Collier County and shall pay all costs(including attorney's fees) and judgments which may issue
thereon.This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of
termination of this agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
Attest COLLIER COUNTY, FLORIDA
[19-CMD-00140/1466500/1]
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3/19/19
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Crystal K. Kinzel,Clerk
By: By:
Witness Name
Name and Title Title
By:
Name
Title
Approved as to form and legality:
[19-CMD-00140/1466500/1]
Pace Standard Agreement-no residential
3/19/19
8
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Ann P. Jennejohn
From: Patricia L. Morgan on behalf of Minutes and Records
Sent: Wednesday, May 29, 2019 8:09 AM
To: Minutes and Records
Subject: FW: Slides presented on Item #11G
Attachments: 5-3-19 PACE FINAL Power Point.pptx
Follow Up Flag: Follow up
Flag Status: Completed
Updated to correct the item number to#11G (from #11D).
Regards,
7
From: FrenchJames<James.French@colliercountyfl.gov>
Sent:Tuesday, May 28, 2019 3:34 PM
To: Patricia L. Morgan <patricia.morgan@collierclerk.com>
Cc: MillerTroy<Troy.Miller@colliercountyfl.gov>; SheffieldMichael<Mike.Sheffield@colliercountyfl.gov>;
CohenThaddeus<Thaddeus.Cohen@colliercountyfl.gov>; GuitardDonna <Donna.Guitard@colliercountyfl.gov>;
MarcellaJeanne<Jeanne.Marcella@colliercountyfl.gov>; KovenskyKenneth <Kenneth.Kovensky@colliercountyfl.gov>;
AuclairClaudine<Claudine.Auclair@colliercountyfl.gov>; MerinoDavid <David.Merino@colliercountyfl.gov>
Subject: RE: Slides presented on Item #11D
Trish,
Please find the attached per your request.
Thank you,
Jamie
From: Patricia L. Morgan
Sent:Tuesday, May 28, 2019 11:53 AM
To: FrenchJames
Cc: MillerTroy
Subject:Slides presented on Item#11D
Good morning,
Please provide our office with a copy of the slides that you presented at the BCC meeting for Item#11D.Thanks!
Regards,
Trish
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4
Imagine what we can do.
PACE Financing in
Collier County
2
Ygrene's Property Assessed Clean Energy (PACE) program allows Collier
County homeowners to finance energy efficiency and disaster-
mitigation upgrades, such as solar panels and impact-resistant windows
and doors –improvements that are often unaffordable because of
expensive upfront costs. PACE projects are financed through a special
assessment added to a property that is collected by the county.
Property owners pay no upfront costs and can access low-rate financing
–which is vital for low-and middle-income homeowners –while making
improvements that add value to properties.
PACE Financing Is Critical
in Collier County
3
4
Statewide Impact Metrics
thru March 2019
5
Pre-Qualified
Properties
Application
Approval/Conditional
Approval
Notice to Proceed
Payment Request
Funding Review
5
6
Consumer Protection Comparison
6
PACE HEL/HELOC Unsecured Debt Solar Lease/PPA
Minimum level of equity in property
Not delinquent on property related debt
Not in bankruptcy
Loan to value limit
Team tied to useful life improvement
Pre/post-funding customer support
Fixed rate and fully amortized
Improvement pricing review
Certificate of completion
Rigorous contractor training and oversight
PACE Provides More Protections Than Other Home Improvement Financing Solutions
7
Standard Renovation Timeline
Begin Day 1 ~Week 2 ~Month 3 or 4
Notice to
Proceed
ApprovalApplication Construction
Key Pre-NTP Consumer
Protections
Underwriting Process
Confirm Terms Call
IDV (Identification Verification)
Process
Finance Agreement
Key Post-NTP Consumer
Protections
Estimated Settlement Statement
Contractor
Payment
7
Contractor Management
8
Validate
Contractor Registration & Onboarding
Train ActivateRegister
9
10
Comprehensive Training Protocols for Contractors
Onsite
Training
Training Includes
the Following
Topics
Mentorship
and Ongoing
Training
Policy and Guidelines Process and Tools Field Training
Webinars on program
features, software tutorials,
FAQs, operational changes,
business development
Ygrene attend weekly
contractor sales and
education meetings
Ongoing marketing, sales
performance programs,
pipeline management,
as-needed training,
and immersion in
contractor business
PACE programs
& assessment
contracts
PACE
disclosures Ethics Fraud
prevention
Consumer
protection Nondiscrimination
Senior
financial
abuse
10
Contractor Evaluation Process
Monitor
Suspend
Terminate
Monitor projects, impose additional risk avoidance measures such as require a copy of the original
home improvement contract prior to receiving the ‘notice to proceed’ and conducting a Completion
Call with the Property Owner prior to funding; suspend select benefits such as Lead Generation
Suspend Contractor Portal which prevents submission of new projects and suspends the ‘notice
to proceed’ on projects in the approval stage; allow Contractor to wrap up existing projects in
construction/funding; impose additional risk avoidance measures; May or may not reactivate
Permanent termination of Ygrene relationship; all Contractor Portal privileges denied; user IDs
deleted/deactivated
11
Cost Comparison
12
13
Financing Type Principal
Amount
Interest
Rate Term Monthly
Payment
Yearly
Payments
Home Mortgage $260,000 4.375%30 Year $1,298 $15,576
Car Loan $20,000 4.00%5 Year $368 $4,420
Personal Loan $20,000 15.00%5 Year $476 $5,712
Unsecured Home
Improvement Loan $20,000 10.00%10 Year $264 $3,168
PACE Assessment $20,000 7.99%20 Year $169 $2,035
Financing Cost Comparison
13
Our Customers
14
Ygrene’s Footprint
Stats from Oct 2017-Present
15
16
-60
-40
-20
0
20
40
60
80
100
Citibank Bank of America Chase TD Bank PNC Bank BB&T Nationwide
Building
Ygrene USAA
Financial Services Industry Net Promotor Scores
Comparison: Financial Services Customer Satisfaction
16
17
COLLIER COUNTY
RESIDENT TESTIMONIALS
17
Clearing the Air
18
Notice to Lender Letters
A total of 482 Notice to Lender Letters have been mailed by
Ygrene in Collier County to respective mortgage lenders
between August 2017 and May 2019, including Habitat for
Humanity.
*HFH = Habitat for Humanity in Collier County
0
10
20
30
40
50
60
Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
2017 2018 2019Number of Letters Sent Each MonthNotice-to-Lender Letters Mailed
Habitat Projects
21 project related Notice to Lender letters were sent to Habitat
for Humanity, 16 of which proceeded to the final
completed/funding stage.
Collier County PACE Summary Profile
Collier County PACE Program summary profile and environmental, resiliency, and economic
impacts from inception to April 30, 2019.
19
HFH
(1)
HFH
(1)
HFH
(3)HFH
(3)
HFH
(2)HFH
(1)
HFH
(1)HFH
(2)
HFH
(1)
HFH
(1)
HFH
(3)
HFH
(1)HFH
(1)
THANK
YOU
20