Agenda 04/26/2016 Item #16D 1 4/26/2016 16.D.1 .
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute five Landlord Payment
Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness
Prevention Program through the Emergency Solutions Grant Program.
OBJECTIVE: To implement the Board-approved action plan by providing rental assistance to
individuals and families who are homeless or at risk of homelessness in Collier County.
CONSIDERATIONS: Funding Approval Agreements issued by U.S. Department of Housing and Urban
Development (HUD) and approved by the Board on June 24, 2014 fund Collier's Emergency Solutions
Grant(ESG)program(Agenda item 16D8). The Funding Approval Agreements require grant funds to be
used for homelessness prevention and recovery projects in accordance with 24 CFR 576.
On March 24, 2015, the Board approved a substantial amendment to the FY2013-2014 and FY2014-2015
HUD Annual Action Plans authorizing Community and Human Services (CHS) staff to administer a
rental assistance program to prevent homelessness using Emergency Solutions Grant funds in the amount
of$96,226 (Agenda Item 16D7).
CHS has prepared Landlord Payment agreements for each landlord agreeing to participate in the program.
The following are five properties that will be entering into a Landlord Payment Agreement:
Big Cypress Housing Corporation
Eden Gardens Apartments Limited Partnership
Eden Gardens II, LLC
Everglades Supportive Housing LLC
Oak Marsh LLC
If this item is approved, the attached standard Landlord Payment Agreements will be forwarded to the
Chairman for signature and execution. Due to the need to receive Board approval on the Landlord
Agreements, some of these named landlords have tenants with assistance periods prior to the date of the
Board approval of the Landlord agreement. This will not affect the ability to make payment.
FISCAL IMPACT: Funds are available from the Emergency Solutions Grants program provided
annually through HUD. Funds appropriated for rental assistance are requested via separate Board action
within Housing Grant Fund(705). Payments beyond 60 days will require interest to be paid from Collier
County's General Fund(001).
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further certain
Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute Landlord Payment Agreements with the five above-referenced landlords, allowing
the County to administer the Rapid Re-Housing and Homelessness Prevention Program through Collier
County's Emergency Solutions Grant.
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4/26/2016 16.D.1.
Prepared by: Jody Paley,Grant Coordinator, Community and Human Services
Attachments:
1. Big Cypress Housing Corporation Landlord Agreement
2. Eden Gardens Apartments Landlord Agreement
3. Everglades Supportive Housing LLC Landlord Agreement
4. Oak Marsh LLC Landlord Agreement
5. Eden Gardens II LLC Landlord Agreement
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4/26/2016 16.D.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve and authorize the Chairman to execute five
Landlord Payment Agreements, allowing the County to administer the Rapid Re-Housing and
Homelessness Prevention Program through the Emergency Solutions Grant Program.
Meeting Date: 4/26/2016
Prepared By
Name: PaleyJody
Title: Grants Coordinator,Community&Human Services
3/21/2016 8:58:49 AM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: PaleyJody
3/21/2016 8:58:50 AM
Approved By
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 3/21/2016 10:30:11 AM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Community&Human Services
Date: 3/22/2016 10:52:55 AM
Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc,Community&Human Services
Date: 3/22/2016 11:23:49 AM
Name: LopezMaggie
Title: Supervisor-Accounting,Community&Human Services
Date: 3/22/2016 12:04:22 PM
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4/26/2016 16.D.1 .
Name: MesaNancy
Title:Accountant,Community&Human Services
Date: 3/23/2016 2:47:00 PM
Name: RobinsonErica
Title:Accountant, Senior,Grants Management Office
Date: 3/30/2016 8:12:30 AM
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 3/30/2016 9:44:34 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,CAO General Services
Date: 4/15/2016 11:42:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 1:36:16 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/18/2016 11:32:54 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date:4/18/2016 1:19:20 PM
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4/26/2016 16D.1 .
EMERGENCY SOLUTIONS GRANT
LANDLORD PAYMENT AGREEMENT
FOR TENANT BASED RENTAL ASSISTANCE
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "agency", Big Cypress Housing Corporation, Post Office Box
343529,Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the"landlord".
The undersigned landlord hereby agrees to the following conditions in order to receive landlord
payments from the agency under the Emergency Solutions Grant Program(ESG):
1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification
from either party to the other,or if funding for this program is no longer available.
2. The agency agrees to provide the landlord with a list of names and contact information for all
agency personnel authorized to commit ESG funds. The landlord will only accept payment
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
3. The landlord agrees to provide agency with contact information for authorized CHS
representative to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG
program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
6. The landlord assures that no household receiving ESG assistance will be treated adversely
because of such assistance under applicable provisions of federal, state or local regulatory
requirements. During the term of this agreement, landlord agrees to give the agency a copy of
any notice to the program participant to vacate the housing unit, or complaint used under
state or local law to commence an eviction action against the program participant.
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term
and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understand that only costs of Short-term and medium-term rental assistance in
accordance with the terms of the ESG program are allowed. No charges that result from
illegal activities such as bad checks or meter tampering will be paid with ESG funds.
10. The landlord understand that the ESG benefit amount must pay for the complete charges
owed by the ESG program participant and that acceptance of ESG benefit will be deemed as
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4/26/2016 16.D.1.
Landlord's acknowledgement and acceptance has become current on any and all payments
due to landlord as a result of the ESG payment.
11. The landlord agrees to assist the agency in verifying the ESG program participant's
information and to make timely commitments to resolve any crisis situation. Subject to the
landlord's privacy requirements, the landlord agrees to provide the agency with the following
detailed ESG program participant information: (1) current amount owed (broken down by
month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount
necessary to resolve the situation.
12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to
provide payment to the landlord as follows:
(a) Rental Arrears,Application Fees and/or Deposits: will be dispersed by the agency
within 60 days from the date of the agency's approval of the program participant's
eligibility if the rental assistance is a valid ESG program expenditure.
(b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG recipients
in accordance with the rental agreement as issued by the landlord on behalf of the
program participant under the same terms and conditions(Le., same payment due date,
grace period,and late penalty requirements).
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account,
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified
against the System for Award Management website at http://www.sam.gov. The agency
agrees to maintain documentation of verification that the business name of the landlord on
this agreement is the same as the legal business name on the State of Florida System for
Award Management website.
16. Agency does not assume any responsibility for, or liability to, any person injured as a result
of landlord's action or failure to act in connection with the implementation of this agreement
or as a result of any other or failure to act by the landlord.
17. Landlord is not the agent of agency and this agreement does not create any relationship
between agency and any lender to landlord or suppliers, employees, contractors or
subcontractors used by landlord in connection with this agreement.
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4/26/2016 16.D.1 .
18. Nothing in this agreement will be construed as creating any right of a program participant or
a third-party to enforce any provision of this agreement or to assess any claim against
agency,or landlord under this Rental Assistance Agreement.
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
AGENCY LANDLORD
Collier County Government Big Cypress Housing Corporation
Community and Human Services Post Office Box 343529
3339 Tamiami Trail East, Su 211 Florida City,FL 33034
Naples, FL 34112 .
BY: BY: 1. _,,-
'i ice/
Chairman . i orized Person to Sign
- 1(K , 1r (
Date: Date:
ATTEST: Approved as to form and legality
DWIGHT E. BROCK, Clerk
By: Assistant County Attorney
\\ O
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I
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I
4/26/2016 16.D.1.
EMERGENCY SOLUTIONS GRANT
LANDLORD PAYMENT AGREEMENT
FOR TENANT BASED RENTAL ASSISTANCE
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "agency", Eden Gardens Apartments Limited Partnership, Post
Office Box 343529, Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the
"landlord".
The undersigned landlord hereby agrees to the following conditions in order to receive landlord
payments from the agency under the Emergency Solutions Grant Program(ESG):
1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification
from either party to the other, or if funding for this program is no longer available.
2. The agency agrees to provide the landlord with a list of names and contact information for all
agency personnel authorized to commit ESG funds. The landlord will only accept payment
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
3. The landlord agrees to provide agency with contact information for authorized CHS
representative to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG
program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
6. The landlord assures that no household receiving ESG assistance will be treated adversely
because of such assistance under applicable provisions of federal, state or local regulatory
requirements. During the term of this agreement, landlord agrees to give the agency a copy of
any notice to the program participant to vacate the housing unit, or complaint used under
state or local law to commence an eviction action against the program participant.
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term
and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understand that only costs of Short-term and medium-term rental assistance in
accordance with the terms of the ESG program are allowed. No charges that result from
illegal activities such as bad checks or meter tampering will be paid with ESG funds.
10. The landlord understand that the ESG benefit amount must pay for the complete charges
owed by the ESG program participant and that acceptance of ESG benefit will be deemed as
Page 1 of 3
Odj
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4/26/2016 16.D.1.
Landlord's acknowledgement and acceptance has become current on any and all payments
due to landlord as a result of the ESG payment.
11.The landlord agrees to assist the agency in verifying the ESG program participant's
information and to make timely commitments to resolve any crisis situation. Subject to the
landlord's privacy requirements,the landlord agrees to provide the agency with the following
detailed ESG program participant information: (1) current amount owed (broken down by
month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount
necessary to resolve the situation.
12.In accordance with the Florida Local Government Prompt Payment Act,the agency agrees to
provide payment to the landlord as follows:
(a) Rental Arrears,Application Fees and/or Deposits: will be dispersed by the agency
within 60 days from the date of the agency's approval of the program participant's
eligibility if the rental assistance is a valid ESG program expenditure.
(b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG recipients
in accordance with the rental agreement as issued by the landlord on behalf of the
program participant under the same terms and conditions(i.e., same payment due date,
grace period, and late penalty requirements).
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account,
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified
against the System for Award Management website at http://www.sam.gov. The agency
agrees to maintain documentation of verification that the business name of the landlord on
this agreement is the same as the legal business name on the State of Florida System for
Award Management website.
16. Agency does not assume any responsibility for, or liability to, any person injured as a result
of landlord's action or failure to act in connection with the implementation of this agreement
or as a result of any other or failure to act by the landlord.
17. Landlord is not the agent of agency and this agreement does not create any relationship
between agency and any lender to landlord or suppliers, employees, contractors or
subcontractors used by landlord in connection with this agreement.
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4/26/2016 16.D.1.
18.Nothing in this agreement will be construed as creating any right of a program participant or
a third-party to enforce any provision of this agreement or to assess any claim against
agency,or landlord under this Rental Assistance Agreement.
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
AGENCY LANDLORD
Collier County Government Eden Gardens Apartments Limited Partnership
Community and Human Services Post Office Box 343529
3339 Tamiami Trail East, Su 211 Florida City, FL 33034
Naples,FL 34112
BY: BY: Arm. /,--
, Chairman :utho 'zee '- .n to Sign
sere r l<, owner
Date: Date:
ATTEST:
DWIGHT E. BROCK, Clerk Approved as to form and legality
By:
Assistant County Attorney _? ?j
Page 3 of 3
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EMERGENCY SOLUTIONS GRANT
LANDLORD PAYMENT AGREEMENT
FOR TENANT BASED RENTAL ASSISTANCE
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "agency", Everglades Supportive Housing, LLC Post Office Box
343529,Florida City, FL 33034 (305)242-2142 hereinafter referred to as the"landlord".
The undersigned landlord hereby agrees to the following conditions in order to receive landlord
payments from the agency under the Emergency Solutions Grant Program(ESG):
1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification
from either party to the other, or if funding for this program is no longer available.
2. The agency agrees to provide the landlord with a list of names and contact information for all
agency personnel authorized to commit ESG funds. The landlord will only accept payment
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
3. The landlord agrees to provide agency with contact information for authorized CHS
representative to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG
program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
6. The landlord assures that no household receiving ESG assistance will be treated adversely
because of such assistance under applicable provisions of federal, state or local regulatory
requirements. During the term of this agreement, landlord agrees to give the agency a copy of
any notice to the program participant to vacate the housing unit, or complaint used under
state or local law to commence an eviction action against the program participant.
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term
and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understand that only costs of Short-term and medium-term rental assistance in
accordance with the terms of the ESG program are allowed. No charges that result from
illegal activities such as bad checks or meter tampering will be paid with ESG funds.
10. The landlord understand that the ESG benefit amount must pay for the complete charges
owed by the ESG program participant and that acceptance of ESG benefit will be deemed as
Page l of 3
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4/26/2016 16.D.1.
Landlord's acknowledgement and acceptance has become current on any and all payments
due to landlord as a result of the ESG payment.
11. The landlord agrees to assist the agency in verifying the ESG program participant's
information and to make timely commitments to resolve any crisis situation. Subject to the
landlord's privacy requirements,the landlord agrees to provide the agency with the following
detailed ESG program participant information: (1) current amount owed (broken down by
month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount
necessary to resolve the situation.
12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to
provide payment to the landlord as follows:
(a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency
within 60 days from the date of the agency's approval of the program participant's
eligibility if the rental assistance is a valid ESG program expenditure.
(b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG recipients
in accordance with the rental agreement as issued by the landlord on behalf of the
program participant under the same terms and conditions(Le., same payment due date,
grace period,and late penalty requirements).
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account,
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified
against the System for Award Management website at http://www.sam.gov. The agency
agrees to maintain documentation of verification that the business name of the landlord on
this agreement is the same as the legal business name on the State of Florida System for
Award Management website.
16. Agency does not assume any responsibility for, or liability to, any person injured as a result
of landlord's action or failure to act in connection with the implementation of this agreement
or as a result of any other or failure to act by the landlord.
17. Landlord is not the agent of agency and this agreement does not create any relationship
between agency and any lender to landlord or suppliers, employees, contractors or
subcontractors used by landlord in connection with this agreement.
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4/26/2016 16.D.1 .
18. Nothing in this agreement will be construed as creating any right of a program participant or
a third-party to enforce any provision of this agreement or to assess any claim against
agency,or landlord under this Rental Assistance Agreement.
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
AGENCY LANDLORD
Collier County Government Everglades Supportive Housing LLC
Community and Human Services Post Office Box 343529
3339 Tamiami Trail East, Su 211 Florida City, FL 33034
Naples,FL 34112
BY: BY: ANNE
, Chairman �'�41, :zed Person to Sign
8+-eve itg owned
Date: Date:
A T: Approved as to form and legality
DWIGHT E. BROCK, Clerk
By: Assistant County Attorney ('
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EMERGENCY SOLUTIONS GRANT
LANDLORD PAYMENT AGREEMENT
FOR TENANT BASED RENTAL ASSISTANCE
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "agency", Oak Marsh, LLC, Post Office Box 343529, Florida
City, FL 33034 (305)242-2142 hereinafter referred to as the"landlord".
The undersigned landlord hereby agrees to the following conditions in order to receive landlord
payments from the agency under the Emergency Solutions Grant Program(ESG):
1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification
from either party to the other, or if funding for this program is no longer available.
2. The agency agrees to provide the landlord with a list of names and contact information for all
agency personnel authorized to commit ESG funds. The landlord will only accept payment
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
3. The landlord agrees to provide agency with contact information for authorized CHS
representative to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on,behalf of the eligible ESG
program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
6. The landlord assures that no household receiving ESG assistance will be treated adversely
because of such assistance under applicable provisions of federal, state or local regulatory
requirements. During the term of this agreement, landlord agrees to give the agency a copy of
any notice to the program participant to vacate the housing unit, or complaint used under
state or local law to commence an eviction action against the program participant.
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term
and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understand that only costs of Short-term and medium-term rental assistance in
accordance with the terms of the ESG program are allowed. No charges that result from
illegal activities such as bad checks or meter tampering will be paid with ESG funds.
10. The landlord understand that the ESG benefit amount must pay for the complete charges
owed by the ESG program participant and that acceptance of ESG benefit will be deemed as
Page 1 of 3
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4/26/2016 16.D.1 .
Landlord's acknowledgement and acceptance has become current on any and all payments
due to landlord as a result of the ESG payment.
11. The landlord agrees to assist the agency in verifying the ESG program participant's
information and to make timely commitments to resolve any crisis situation. Subject to the
landlord's privacy requirements,the landlord agrees to provide the agency with the following
detailed ESG program participant information: (1) current amount owed (broken down by
month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount
necessary to resolve the situation.
12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to
provide payment to the landlord as follows:
(a) Rental Arrears,Application Fees and/or Deposits: will be dispersed by the agency
within 60 days from the date of the agency's approval of the program participant's
eligibility if the rental assistance is a valid ESG program expenditure.
(b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG recipients
in accordance with the rental agreement as issued by the landlord on behalf of the
program participant under the same terms and conditions(Le., same payment due date,
grace period, and late penalty requirements).
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account,
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified
against the System for Award Management website at http://www.sam.gov. The agency
agrees to maintain documentation of verification that the business name of the landlord on
this agreement is the same as the legal business name on the State of Florida System for
Award Management website.
16. Agency does not assume any responsibility for, or liability to, any person injured as a result
of landlord's action or failure to act in connection with the implementation of this agreement
or as a result of any other or failure to act by the landlord.
17. Landlord is not the agent of agency and this agreement does not create any relationship
between agency and any lender to landlord or suppliers, employees, contractors or
subcontractors used by landlord in connection with this agreement.
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4/26/2016 16.D.1.
18. Nothing in this agreement will be construed as creating any right of a program participant or
a third-party to enforce any provision of this agreement or to assess any claim against
agency,or landlord under this Rental Assistance Agreement.
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
AGENCY LANDLORD
Collier County Government Oak Marsh, LLC
Community and Human Services Post Office Box 343529
3339 Tamiami Trail East, Su 211 Florida City, FL 33034
Naples, FL 34112
BY: BY: __
Chairman :";''':ed Person to Sign
Date: Date:
DWIGHT E. CROCK, Clark ApproVed as to form and legality
Ey:
Asaitstant panty Attorney
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4/26/2016 16.D.1 .
EMERGENCY SOLUTIONS GRANT
LANDLORD PAYMENT AGREEMENT
FOR TENANT BASED RENTAL ASSISTANCE
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "agency", Eden Gardens II, LLC Post Office Box 343529,
Florida City,FL 33034 (305)242-2142 hereinafter referred to as the"landlord".
The undersigned landlord hereby agrees to the following conditions in order to receive landlord
payments from the agency under the Emergency Solutions Grant Program(ESG):
1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification
from either party to the other, or if funding for this program is no longer available.
2. The agency agrees to provide the landlord with a list of names and contact information for all
agency personnel authorized to commit ESG funds. The landlord will only accept payment
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
3. The landlord agrees to provide agency with contact information for authorized CHS
representative to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG
program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
6. The landlord assures that no household receiving ESG assistance will be treated adversely
because of such assistance under applicable provisions of federal, state or local regulatory
requirements. During the term of this agreement, landlord agrees to give the agency a copy of
any notice to the program participant to vacate the housing unit, or complaint used under
state or local law to commence an eviction action against the program participant.
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term
and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understand that only costs of Short-term and medium-term rental assistance in
accordance with the terms of the ESG program are allowed. No charges that result from
illegal activities such as bad checks or meter tampering will be paid with ESG funds.
10. The landlord understand that the ESG benefit amount must pay for the complete charges
owed by the ESG program participant and that acceptance of ESG benefit will be deemed as
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Landlord's acknowledgement and acceptance has become current on any and all payments
due to landlord as a result of the ESG payment.
11. The landlord agrees to assist the agency in verifying the ESG program participant's
information and to make timely commitments to resolve any crisis situation. Subject to the
landlord's privacy requirements, the landlord agrees to provide the agency with the following
detailed ESG program participant information: (1) current amount owed (broken down by
month) (2) due date/eviction dates in formal eviction notice / 3-day notice and (3) amount
necessary to resolve the situation.
12. In accordance with the Florida Local Government Prompt Payment Act,the agency agrees to
provide payment to the landlord as follows:
(a) Rental Arrears,Application Fees and/or Deposits: will be dispersed by the agency
within 60 days from the date of the agency's approval of the program participant's
eligibility if the rental assistance is a valid ESG program expenditure.
(b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG recipients
in accordance with the rental agreement as issued by the landlord on behalf of the
program participant under the same terms and conditions (i.e., same payment due date,
grace period, and late penalty requirements).
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
14.If an ESG payment to the landlord cannot be applied to a ESG program participant's account,
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified
against the System for Award Management website at http://www.sam.gov. The agency
agrees to maintain documentation of verification that the business name of the landlord on
this agreement is the same as the legal business name on the State of Florida System for
Award Management website.
16. Agency does not assume any responsibility for, or liability to, any person injured as a result
of landlord's action or failure to act in connection with the implementation of this agreement
or as a result of any other or failure to act by the landlord.
17. Landlord is not the agent of agency and this agreement does not create any relationship
between agency and any lender to landlord or suppliers, employees, contractors or
subcontractors used by landlord in connection with this agreement.
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18.Nothing in this agreement will be construed as creating any right of a program participant or
a third-party to enforce any provision of this agreement or to assess any claim against
agency,or landlord under this Rental Assistance Agreement.
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
AGENCY LANDLORD
Collier County Government Eden Gardens II, LLC
Community and Human Services Post Office Box 343529
3339 Tamiami Trail East, Su 211 Florida City, FL 33034
Naples,FL 34112
BY: BY: Airr_� /
� =-r on to Sign
Chairman KI(K, avrer
Date: Date:
ATTEST: Approved as to form and legality
DWIGHT E. BROCK,Olot
By: Assistant County Attorney r\s
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