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HomeMy WebLinkAboutAgreement_General_10/16/2024_Florida Green Finance Authortiy Village of 7eq uesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org MEMORANDUM DATE: September 27, 2024 TO: Mayor Molly Young, Council Members FROM: Jeremy Allen, Village Manager SUBJECT: Florida Green Finance Authority Membership Agreement Please find attached the Membership Agreement between Florida Green Finance Authority and the Village of Tequesta for the Property Assessed Clean Energy (PACE) program. Senate Bill 770 in regards to Florida's PACE Act introduced an amendment establishing that a current contract, agreement, authorization, or interlocal agreement between a county or municipality and a program administrator entered into before July 1, 2024, shall continue without additional action by the county or municipality; however, SB 770 indicates that the program administrator and any contract, agreement, authorization, or interlocal agreement must be amended to comply with this act. To comply with existing agreement requirements and the new mandate in Section 9,the Florida Green Finance Authority recorded a Notice of Compliance and Addendum to Second Amended and Restated Interlocal Agreement Forming the Florida Green Finance Authority as Required by State Law on July 1, 2024. The Party Membership Agreement with the Village was entered into prior to July 1, 2024. It is the Florida Green Finance Authority's position that they are in compliance with the requirements of all agreement provisions and can therefore continue operating within the Village of Tequesta in accordance to Florida's amended PACE Act. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 FLORIDA -1 REEN Finance Authority September 19, 2024 VIA U.S. REGULAR MAIL AND EMAIL Jeremy Allen, Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 iallen(a)_teguesta.org Dear Manager Allen: The Florida Green Finance Authority("Authority") currently operates its Property Assessed Clean Energy ("PACE") program within your jurisdiction through the Party Membership Agreement executed between the Village and Authority in September 2012. The current Party Membership Agreement generally requires the program be operated pursuant to applicable law. Section 4 of the underlying Interlocal Agreement to which the Village is a party provides in part: By resolution of the governing bodies of the Originating Parties and as subsequently resolved by the Additional Parties, all powers available to the Authority under this Agreement and general law, including but not limited to, Chapters 125, 163, 166, 170, 189 and 197, F.S. may be implemented by the Authority within the jurisdictional boundaries of all Parties. Section 34 further states"[i]n the performance of this Agreement, the Parties hereto shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and municipal ordinances and regulations." Section 35 also states [this Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida." Senate Bill 770, codified at Chapter 2024-273, Laws of Florida and effective July 1,2024, provides several amendments to Florida's PACE Act. Section 9 provides: A current contract, agreement, authorization, or interlocal agreement between a county or municipality and a program administrator entered into before July 1, 2024, shall continue without additional action by the county or municipality. However, the program administrator must comply with this act, and any contract, agreement, authorization, or interlocal agreement must be amended to comply with this act. To comply with existing agreement requirements and the new mandate in Section 9, the Authority recorded the attached Notice of Compliance and Addendum to Second Amended and Restated Interlocal Agreement Forming the Florida Green Finance Authority as Required by State Law ("Notice of Compliance")on July 1, 2024 in the Official Records of Palm Beach County, Florida at CFN 20240701800002. Given the Party Membership Agreement with the Village was entered into prior to July 1, 2024 and in light of the recorded Notice of Compliance, it is the Authority's position that we are in full compliance with the requirements of all agreement provisions and Section 9 above and can therefore continue operating within the Village pursuant to Florida's amended PACE Act. To ensure that the Village is in full agreement, we request that the Village execute and return the enclosed Acknowledgement and Agreement via email to mitty6d�davislawteam.com at your earliest convenience. Please feel free to contact me at (561) 586-7116 with any questions or concerns. Sincerely, Amity i Barnard General Counsel Prepared by and after9 PG recording return to: RT C'0 P D El! f j1Q,C12 4 11 1?Afwl Amity Barnard,Esq. Davis&Associates,P.A. 701 Northpoint Parkway,Suite 205 West Palm Beach,FL 33407 NOTICE OF COMPLIANCE AND ADDENDUM TO SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FORMING THE FLORIDA GREEN FINANCE AUTHORITY AS REQUIRED BY STATE LAW Section 9 of Senate Bill 770,enacted as Chapter No, 2024-273,Laws of Florida,effective July 1, 2024,requires the Florida Green Finance Authority to amend any contract, agreement,authorization or interlocal agreement to comply with the new law.As required by state law,this notice shall attach to the Second Amended and Restated Interlocal Agreement Forming the Florida Green Finance Authority dated May 9,2016 and originally recorded at Book 28757,Page 0813-0858 of the Official Records of Palm Beach County,Florida to confirm that all references to Section 163.08,Florida Statutes therein shall hereinafter also include newly enacted Sections 163.081 through 163.087,Florida Statutes. Effective July 1, 2024,the Florida Green Finance Authority's PACE Program shall comply with newly enacted Sections 163.081 through 163.087,Florida Statutes. Florida G n . ance Authority -0 sou V By: ChaliAnVn By: 101-10WOV VON. Amity Barnard,L tart General Counsel FLORIDA G RE E N -- Finance Authority Acknowledgement and Agreement Dear Florida Green Finance Authority, This Acknowledgement and Agreement is to confirm that the Village of Tequesta is in receipt of your correspondence dated September 19, 2024 regarding Senate Bill 770, codified at Chapter 2024-273, Laws of Florida, and effective July 1, 2024. We hereby confirm our agreement that the Florida Green Finance Authority is in compliance with what the agreement provides and the requirements of Senate Bill 770 and can continue to operate its PACE program within the Village pursuant to Sections 163.08 and 163.081-087, Florida Statutes (Florida's amended PACE Act)without any further action. Digitally signed by Jeremy Allen Jeremy A e n Date:2024.09.23 1 1:57:12-04'00' Signature: Date: Title: PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio,video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."