Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - March 6, 2018
REVISED March 6, 2018 - Regular Meeting
Agenda Item #22

Non-Exclusive Interlocal Agreement Relating to the Funding and Financing of Qualifying Improvements by PACE programs (Florida Green Finance Authority and Florida Resiliency and Energy District)


Contact and/or Presenter Information
Jan Brewer, Director, Financial Management Department, Ext. 3726

Action Requested
Move to adopt Resolution R-18-008 authorizing PACE funding programs in unincorporated Manatee County and approving an interlocal agreement with Florida Green and Florida Resiliency.

Enabling/Regulating Authority
Florida Statute 168.03(2)(a)

Background Discussion

On June 20, 2017, the Board of County Commissioners approved the County to a) move forward with the Property Assessed Clean Energy ("PACE") Program to operate in the unincorporated areas of Manatee County and b) return to the Board with the implementing documents and Resolution for approval.

Four (4) providers have expressed interest in establishing programs in Manatee County: namely, (i) Florida PACE Funding Agency, (ii) Florida Green Finance Authority (Renew Financial Group), (iii) Green Corridor PACE (Ygrene) and (iv) Florida Resiliency and Energy District ("FRED") (Renovate America). On December 7, 2017, the Board adopted Resolution No. R-17-131 approving an interlocal agreement with Florida PACE Funding Agency, the first agreement to be recommended to the Board for approval. The other providers have the opportunity to receive approval by supplemental resolution, subject to negotiation of a legally acceptable interlocal agreement. Two such providers, Florida Green Finance Authority and Florida Resiliency and Energy District, have negotiated acceptable interlocal agreements with the County. Resolution R-18-008 approves these interlocal agreements, allowing these providers to offer PACE programs in the County. Other providers, including Ygrene, still have the opportunity to negotiate interlocal agreements with the County.

The PACE Program provides financing for property owners to make qualifying improvements to their businesses or homes. Improvements may be made in the form of energy efficiency, renewable energy, and/or wind resistance.

Property owners voluntarily opt into a non-ad valorem assessment program to finance these improvements. Repayments of the improvements are paid annually through the property tax bill. The value of the improvement and the obligation to repay the annual assessment lies within the property so if the property changes ownership the obligation stays with the property.

Florida Statute 163.08 authorizes local governments to create PACE programs and provides the overall framework within which to administer the program. Under this statute, the County may (1) establish a self-funded and/or self-administered PACE program or (2) enter into an agreement with one or more local governments for the purpose of providing and financing qualifying improvements. In addition, the County may elect to use a third-party PACE program provider for the administration of the program. Third party providers offer multiple services such as determination of loan eligibility, loan application processing, underwriting, and contractor selection.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Bill Clague, Assistant County Attorney, reviewed the agreements and prepared Resolution R-18-008.

Reviewing Attorney

Instructions to Board Records

Copies to:

  1. Register Agent, Todd Wodraska, Florida Green Finance Authority, 2501 Burns Road, Palm Beach Garden, FL 33410
  2. Executive Director, William "Bill" F. Spivey, Jr., The Florida Resiliency and Energy District c/o Florida Development Finance Corporation, 156 Tuskawilla Road, Suite 2340, Winter Springs, FL 32708
  3. Jan Brewer (jan.brewer@mymanatee.org), Director,
    Financial Management Department
  4. Dennis W. Wallace (dennis.wallace@mymanatee.org), Contract Manager, Financial Management Department, Procurement Division

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  ILA for PACE Program -- Florida Green (final).pdf
Attachment:  ILA for PACE Program -- Florida Resiliency (final).pdf
Attachment:  Resolution R-18-008 Amending PACE Program FINAL.pdf