Item Coversheet



BOCC AGENDA ITEM


Item Title:Amendment to Subscription Agreement with The Florida PACE Funding Agency
Date:11/27/2017
Department:County Attorney
Background:
In 2013, the Board of County Commissioners entered into an agreement with the Florida PACE Funding Agency related to the funding and financing of qualifying improvements to property for energy efficiency, renewable energy or wind resistance.   A request has been made for an amendment to the Subscription Agreement in order to reflect the adoption by the Florida Pace Funding Agency of the policy of not seeking any exclusion as to the means of Property Owners to accomplish the compelling state interest described in Section 163.08(1), Florida Statutes, relating to the voluntary determination by affected property owners to obtain and finance certain improvements to property for energy efficiency, renewable energy or wind resistance.    Additionally, request consideration of the adoption of a Resolution establishing a policy that would provide that the County would only facilitate competition consistent with the general law provisions the Legislature has laid out, and to act minimally to provide consent or serve as a "limited member", and to keep the County separate and apart from other governmental entities authorized and regulated by the State Legislature, while encouraging competition, choice and service to interested private property owners. 
Request:
Approve the following: 1)  amendment to the Subscription Agreement with The Florida PACE Funding Agency, Contract No. CM1960-A1; 2) a Resolution amending Resolution No. 2013-27, which authorized the execution of a Subscription Agreement with the Florida PACE Funding Agency pursuant to which the agency will administer a Financing Program for Energy Conservation and Efficiency Improvements, Renewable Energy Improvements and Wind Resistance Improvements within the boundaries of Nassau County, Florida; and providing an effective date; and 3) a Resolution establishing a policy as regards to financing energy conservation and efficiency improvements, renewable energy improvements, and wind resistance improvements; providing an effective date.
Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
Effect on Citizens:  Creates competition in the market and creates local economic activity.  Creates voluntary opportunity for private property owners to determine to advance the compelling state interests described in s. 163.08(1), Florida Statutes.
Action Requested and Recommendation:

Consideration of: (1)     Approval of the Amendment to the Subscription Agreement approved by the Board on March 25, 2013 between Nassau County, Florida, and The Florida PACE Funding Agency relating to the Funding and Financing of Qualifying Improvements by The Florida PACE Funding Agency, specifically amending Article III, General Provisions, Section 3.03.  Term of Agreement; Duration of Agreement; Exclusivity.

(2) Adopt a Resolution Amending Resolution No. 2013-27, which authorized the Execution of a Subscription Agreement with The Florida Pace Funding Agency; and

(3) Adopt a Resolution establishing a policy as to the manner in which the County will address other entities requesting interlocal agreements on this subject.  

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:
N/A

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
CM1960-A1
For non-governmental agencies, has the document been sent to the vendor for signature?
Does the document need to be recorded? If so, who will pay the recordation fee?
Yes, The Florida PACE Funding Agency
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
How many originals are needed?

ATTACHMENTS:
DescriptionUpload DateType
Resolution Authorizing Amendment to Subscription Agreement 11/6/2017Cover Memo
Amendment to Subscription Agreement11/1/2017Cover Memo
Resolution Establishing Policy11/1/2017Cover Memo