Miami-Dade Legislative Item
File Number: 161715
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File Number: 161715 File Type: Resolution Status: Adopted
Version: 0 Reference: R-734-16 Control: Board of County Commissioners
File Name: YGREEN CORRIDOR AND GRENE FOR PACE PROGRAM Introduced: 7/14/2016
Requester: Regulatory and Economic Resources Cost: Final Action: 7/19/2016
Agenda Date: 7/19/2016 Agenda Item Number: 14A11
Notes: Title: RESOLUTION APPROVING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY DISTRICT FOR PROPERTY ASSESSED CLEAN ENERGY (PACE) WITHIN THE UNINCORPORATED AREA; APPROVING INDEMNIFICATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND YGRENE ENERGY FUND FLORIDA LLC FOR THE BENEFIT OF MIAMI-DADE COUNTY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THESE AGREEMENTS, EXECUTE INDEMNIFICATION AGREEMENTS WITH FUTURE ADMINISTRATORS OF GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY DISTRICT FOR THE BENEFIT OF MIAMI-DADE COUNTY, AND EXERCISE CERTAIN PROVISIONS IN THE AGREEMENTS
Indexes: AGREEMENT
Sponsors: Jose "Pepe" Diaz, Co-Prime Sponsor
  Jean Monestime, Co-Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Juan C. Zapata, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/19/2016 14A11 Adopted P

Office of the Chairperson 7/18/2016 Additions

County Attorney 7/14/2016 Assigned Abbie N. Schwaderer 7/14/2016

Office of Agenda Coordination 7/14/2016 Assigned County Attorney 9/7/2016
REPORT: RER - Commissioner Diaz sponsors - Pending July Cmte - County Attorney: Abbie Schwaderer-Raurell - Attachments: Agreement - Note from Administration: Justification: To be compliant with the 90 day requirement pursuant to the resolution. To addres constituent requests for the County to join one or more PACE districts to provide services in UMSA. It is their intent to process a waiver request for 7/19 BCC.

Jack Osterholt 7/14/2016 Assigned Office of Agenda Coordination 7/14/2016 7/14/2016

Legislative Text


TITLE
RESOLUTION APPROVING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY DISTRICT FOR PROPERTY ASSESSED CLEAN ENERGY (PACE) WITHIN THE UNINCORPORATED AREA; APPROVING INDEMNIFICATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND YGRENE ENERGY FUND FLORIDA LLC FOR THE BENEFIT OF MIAMI-DADE COUNTY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THESE AGREEMENTS, EXECUTE INDEMNIFICATION AGREEMENTS WITH FUTURE ADMINISTRATORS OF GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY DISTRICT FOR THE BENEFIT OF MIAMI-DADE COUNTY, AND EXERCISE CERTAIN PROVISIONS IN THE AGREEMENTS

BODY
WHEREAS, in Resolution No. R-324-16, this Board directed the County Mayor or County Mayor’s designee to develop, negotiate and present agreements between Miami-Dade County and Property Assessed Clean Energy (“PACE”) providers to this Board for approval; and

WHEREAS, the attached agreements between Miami-Dade County and the Green Corridor Property Assessment Clean Energy District (“Green Corridor”) and between Miami-Dade County and Ygrene Energy Fund Florida LLC (“Ygrene”), as the administrator for Green Corridor, have been recommended for approval by the County Mayor or County Mayor’s designee as stated in the Mayor’s memorandum, which is incorporated by reference to this resolution,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

1. This Board hereby approves the agreement between Miami-Dade County and Green Corridor (Exhibit A), the agreement between Miami-Dade County and Ygrene, as the administrator of Green Corridor (Exhibit B), and the original Interlocal Agreement for Green Corridor (Exhibit C), and this Board authorizes the County Mayor or County Mayor’s designee to execute the above-mentioned agreements, in substantially the form attached.

2. This Board authorizes the County Mayor or County Mayor’s designee to execute agreements with future administrators of Green Corridor, in a form approved by the County Attorney’s Office, to provide that such future administrator of Green Corridor shall indemnify and hold harmless Miami-Dade County.

3. This Board authorizes the County Mayor or County Mayor’s designee to exercise the provisions in the above-mentioned agreements related to audits, enforcement, indemnification, collecting and receiving data and information, notices, termination, and any and all duties of the Property Appraiser or Tax Collector.

HEADER
Date:

To: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Approving Agreements Between the Green Corridor Property
Assessment Clean Energy District, Ygrene Energy Fund Florida, LLC, and Miami-
Dade County for a Property Assessed Clean Energy Program

STAFF RECOMMENDATION
Recommendation
Pursuant to Resolution No. R-324-16, the Board directed the Administration to develop and negotiate turnkey agreements with qualifying Property Assessment Clean Energy (PACE) Districts that had been created pursuant to Section 163.01(7), Florida Statutes. Furthermore, it was the Board’s intent to enter into agreements with multiple PACE Districts to foster competition and create more choices for property owners. The Board outlined additional requirements as part Resolution No. R-324-16, for each PACE District that is authorized to operate within Miami-Dade County.

It is recommended that the Board of County Commissioners (Board) approve the Agreements with Green Corridor Property Assessment Clean Energy District (Green Corridor) and its administrator, Ygrene Energy Fund Florida, LLC (Ygrene), for a PACE program, and further authorize the County Mayor or County Mayor’s designee to execute the Agreements. The Agreements with Green Corridor and Ygrene are attached to the resolution as Exhibit A and Exhibit B, respectively.

Scope
The Green Corridor will be authorized to operate a PACE program within all of unincorporated Miami-Dade County.

Fiscal Impact/Funding Source
There is no anticipated fiscal impact to the County with the approval of these Agreements. The Agreements with Green Corridor and Ygrene include terms that will allow the County Mayor or County Mayor’s designee to exercise the provisions in the above-mentioned agreements related to audits, enforcement, indemnification, collecting and receiving data and information, termination, and any and all duties of the Property Appraiser or Tax Collector. Per the Agreement with Green Corridor, such costs can be offset by administrative fees that could be established and approved by the Board through separate action, as necessary.

Track Record/Monitor
These Agreements will be monitored by Patricia Gomez in the Office of Resilience within the Department of Regulatory and Economic Resources.

Background
The purpose of a PACE District is to facilitate the financing of qualifying improvements for residential, commercial, and industrial property owners in accordance with Section 163.08 of the Florida Statutes. The attached Agreements between Miami-Dade County and Green Corridor, along with its administrator, Ygrene, are the first agreements presented to this Board pursuant to Resolution No. R-324-16.

Resolution No. R-324-16 directed that agreements with each PACE District include terms that require the PACE District to acknowledges the role of the County in bringing PACE benefits to property owners, but also makes clear that PACE contractual agreements with property owners are not directly entered into with the County, and that the County is not responsible for operating or administering the PACE District’s program in any way. This requirement has been incorporated into the attached Agreement with Green Corridor. In addition to including this language on all customer communications and agreements, Green Corridor and Ygrene are also required to provide contact information for participants who have concerns or questions.

Additionally, the Agreement with Green Corridor authorizes the County to impose administrative fees to recoup the County’s administrative expenses associated with implementing the PACE District. No such fees are imposed in the Agreement and would require future Board action for implementation. The County will incorporate this term in all agreements with future PACE Districts operating in unincorporated Miami-Dade County.

Lastly, Ygrene, as the administrator of the Green Corridor, has agreed to indemnify the County pursuant to the Agreement between the County and Ygrene.

Miami-Dade County’s Agreement with Green Corridor makes reference to an original interlocal agreement between the Green Corridor and Ygrene. For the Board’s reference, this interlocal is provided as Exhibit C.

Pursuant to Resolution No. R-324-16, the experience and expertise of Green Corridor, including the experience and expertise of its administrator and direct affiliates, was considered. Green Corridor has been operating in Miami-Dade County for the past three (3) years in up to 21 municipalities within Miami-Dade County. Green Corridor has a local office with trained bi-lingual employees, and has also trained local contractors and educated Miami-Dade residents on energy efficiency and PACE financing. Ygrene, the Green Corridor’s administrator, operates in 195 municipalities and unincorporated areas in California. Ygrene also operates in three (3) counties and 44 municipalities in Florida.

Additional PACE agreements will be presented to this Board for consideration once they have been fully negotiated and finalized. In the future, should other entities or PACE Districts meet the necessary State and Board criteria, those additional PACE agreements will also be crafted and presented to the Board for consideration.


Attachment


_______________________________
Jack Osterholt
Deputy Mayor



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