Agenda 10/11/2016 Item #16D 4 16.D.4
10/11/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to execute five Landlord Payment Agreements,
allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program
through the Recommendation to approve and authorize the Chairman to execute four Landlord
Payment Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness
Prevention Program through the Emergency Solutions Grant Program.
OBJECTIVE: To provide 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 September 8, 2015 fund Collier's Emergency
Solutions Grant (ESG) program (Agenda item 16D13). The Funding Approval Agreements require grant
funds to be used for homelessness prevention and recovery projects in accordance with 24 CFR 576.
Also on September 8,2015,the Board approved the FY2015-2016 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$58,654(Agenda item 16D13).
CHS has prepared Landlord Payment agreements for each landlord agreeing to participate in the program.
The following are five landlords that will be entering into a Landlord Payment Agreement:
1. Robert Flick Rev Trust
2. David Lackey
3. Bruce A.Passarelli
4. C &C Building Co.
5. Roger J.Marco/VR Raceina Rev Living Trust
Paragraph 1 of the agreement contains the term of each agreement. Some of the agreements contain a
term that commences prior to the date of the BCC consideration. This is consistent with the program and
will allow payments for rent arrears.
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)project 33436.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.
Prepared by: Jody Paley,Grant Coordinator,Community and Human Services
Packet Pg•
977
1 6.D.4
10/11/2016
ATTACHMENT(S)
1.Robert Flick Rev Trust Landlord Agreement (PDF)
2.David Lackey Landlord Agreement (PDF)
3.Bruce A.Passarelli Landlord Agreement(PDF)
4. C&C Building Co Landlord Agreement (PDF)
5.Marco-Receina Rev Trust Landlord Agreement (PDF)
Packet Pg. 978.
16.D.4
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Item Summary: Recommendation to authorize the Chairman to execute five Landlord Payment
Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention
Program through the Recommendation to approve and authorize the Chairman to execute four Landlord
Payment Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness
Prevention Program through the Emergency Solutions Grant Program.
Meeting Date: 10/11/2016
Prepared by:
Title: Grants Coordinator—Community&Human Services
Name: Jody Paley
09/08/2016 11:29 AM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
09/08/2016 11:29 AM
Approved By:
Review:
Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 09/13/2016 7:56 PM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 09/26/2016 10:48 AM
Public Services Department Kimberley Grant Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 9:12 AM
Community&Human Services Maggie Lopez Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 2:17 PM
Community&Human Services Kristi Sonntag Level 1 Sim.Reviewer 1-8 Completed 09/27/2016 2:57 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/27/2016 3:50 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/27/2016 4:09 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/28/2016 9:55 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 2:36 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 7:59 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:19 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:26 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
Packet Pg. 979
16.D.4.a
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" and Robert Flick Rev Trust, 1278 Highland Drive,
Naples,FL 34103 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 August 23, 2016 and shall end upon 30-days written a,
notification from either party to the other, or if funding for this program is no longer `t
available. o
2. The agency agrees to provide the landlord with a list of names and contact information for all (13
agency personnel authorized to commit ESG funds. The landlord will only accept payment c.
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
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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.
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4. The landlord agrees to provide agency with copy of all leases and modifications or a
amendments for each eligible ESG program participant.
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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. i
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.
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7. The landlord assures that eligible households on whose behalf ESG assistance is received c
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. `t
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
Packet Pg. 980
16.D.4.a
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.
a)
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
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within 60 days from the date of the agency's approval of the program participant's o
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 w
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. o
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, 11)
the funds will be returned to the agency.
15. The landlord, with the exception of municipal providers, must be in "active" status with the re
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 LL
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.
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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. a
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.
Page 2 of 3
Packet Pg.981
16.D.4.a
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 Robert Flick Rev Trust
Community and Human Services 1278 Highland Drive
3339 Tamiami Trail East, Su 211 Florida City, FL 34103 a>
Naples, FL 34112 a
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BY: BY: 49,4R0 /L
Tim Nance, Chairman Authorized Person to Sign ?fel
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Approved as to form and legality
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Assistant County At ey !V'. A C4
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16.D.4.b
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", David Lackey, 313 185th St., Star Prairie, WI, 54026.
612-805-8137 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 September 27. 2016 and shall end upon 30-days written c
notification from either party to the other, or if funding for this program is no longer E
available. a
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 "E
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 t.9
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representative to resolve a crisis and/or apply benefit commitment on the client's behalf. CD
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4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant.
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5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG a
program participant and as long as the grantor agency and/or regulation does not prohibit Q
payment.
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6. The landlord assures that no household receiving ESG assistance will be treated adversely c
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 a
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
Packet Pg. 983
16.D.4.b
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.
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 David Lackey
Community and Human Services 313 185t St. E
3339 Tamiami Trail East, Su 211 Star Prairie, WI 54026
Naples. FL 34112
BY: BY: \ —
Donna Fiala,Chairman David Lackey \� ra
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Page 3 of 3
Packet Pg. 984
16.D.4.c
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", Bruce A. Passarelli, 30 Upper Sheep Pasture Rd.
Setauket,NY 11733-1749, 1-631-889-2202,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 September 12, 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. 7
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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.
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4. The landlord agrees to provide agency with copy of all leases and modifications or a�
amendments for each eligible ESG program participant.
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5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG 70
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program participant and as long as the grantor agency and/or regulation does not prohibit
payment.
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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 o.
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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Packet Pg. 985
16.D.4.c
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.
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12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to
provide payment to the landlord as follows:
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(a) Rental Arrears,Application Fees and/or Deposits: will be dispersed by the agency o
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.
CSS
(b) Onoinrental 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). a
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(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
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(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program. J
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord.
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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.
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15. The landlord, with the exception of municipal providers, must be in "active" status with the m
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 c
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.
Page 2 of 3
Packet Pg.986
16.D.4.c
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.
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.
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AGENCY LANDLORD
Collier County Government Bruce A. Passarelli Q
Community and Human Services 30 Upper Sheep Pasture Rd. <
3339 Tamiami Trail East, Su 211 Setauket,NY 11733-1749 0
Naples,FL 34112 6
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BY: :Y: /f u)
Donna Fiala,Chairman :7.?"..".' ssarelli tu
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Date: Date:
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ATTEST: Approved as to form and legality
DWIGHT E. BROCK, Clerk (
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Page 3 of 3
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16.D.4.d'
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," C & C Building Co. whose address is 24644 Sargent
Avenue, Southfield, MI 48033
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 September 27, 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 0
commitment from authorized agency personnel. Changes (addition/deletions) to the
authorized personnel list must be approved in writing by an authorized agency representative.
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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.
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4. The landlord agrees to provide agency with copy of all leases and modifications or a
amendments for each eligible ESG program participant.
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG
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program participant and as long as the grantor agency and/or regulation does not prohibit -j
payment. U
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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 m
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.
Page 1 of 3
(.4
Packet Pg.988
16.D.4.d
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
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.
a)
12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to a,
provide payment to the landlord as follows:
(a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency
(13
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). a
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds. o
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program. c0
13. This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord. m
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14. Checks issued by Agency shall be payable to C & C Building Co. and mailed to: C & C 05
Building Co. c/o Sunderland Construction Company, Inc., 8380 Excalibur Circle, Apt. H-8, v
Naples, FL 34108.
15. 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.
16. 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.
Page2of3
Packet Pg.989
16.D.4.d
17. 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.
18. 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.
1
19. Nothing in this agreement will be construed as creating any right of a program participant or a
a third-party to enforce any provision of this agreement or to assess any claim against E
agency, or landlord under this Rental Assistance Agreement. w
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their -2aL
undersigned officials as duly authorized. o
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AGENCY LANDLORD 03
Collier County Government C & C Building Co. co
Community and Human Services 24644 Sargent Avenue w
3339 Tamiami Trail East, Su 211 Southfield, MI 48033
Naples, FL 34112 a)
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BY: BY: °'
Donna Fiala, Chairman Costa J Charnas, President
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ATTEST: Approved as to form and legality
DWIGHT E. BROCK, CIork E
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Assistant County Attorney ,� w
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Page 3 of 3
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Packet Pg. 990
16.D.4.e
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", Roger J Marco/VR Raceina Rev Living Trust, 7699
Hernando Ct.,Naples, FL 34114 and 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 September 27, 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. 13
°
cc2. 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 v,
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.
°
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4. The landlord agrees to provide agency with copy of all leases and modifications or
amendments for each eligible ESG program participant. o
5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG co
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 c
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. 2
7. The landlord assures that eligible households on whose behalf ESG assistance is received
will not be discriminated against.
8. The landlord understands that only eligible activities listed under 24 CFR 576.106, Short-
as
term and medium-term rental assistance, are to be paid with ESG funds.
9. The landlord understands 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 understands 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
PIN
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16.D.4.e
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. w
v
(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, a)
grace period, and late penalty requirements). a
(c) Payments beyond 60 days will require interest to be paid from non-ESG funds.
0
(d) Agency's promise to pay can only be issued after ESG participant has been certified as
Eligible under the ESG program.
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13.This Landlord Agreement will be signed by agency, and landlord's authorized representative.
Documentation authorizing authority must be provided from landlord. cc
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14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, ai
the funds will be returned to the agency.
6
15.The landlord, with the exception of municipal providers, must be in "active" status with the c
State of Florida: http://sunbiz.org/search.html. The landlord's name must also be verified E
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
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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.
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I6.D.4.e
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.
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.
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IN WITNESS THEREOF,the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized. a
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AGENCY LANDLORD a
Collier County Government Roger J.Marco/VR Raceina Rev Living Trst
Community and Human Services 7699 Hernando Court c
3339 Tamiami Trail East, Su 211 Naples,FL 34114
Naples,FL 34112 0
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BY: BY?\ s. _ difid C� "
Donna Fiala,Chairman Roger J co 0
�0 - 1.6
Date: Date: 9-
12
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as
ATTEST: Approved as to tbrm and legality
DVW/GHT E. BROCK, Clerk
By. Assistant County Attorney Opp L
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