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Agenda 01/10/2017 Item #16D 2 16.D,2 01/10/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute one Landlord Payment Agreement, 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 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. On August 11, 2015 the Board approved in absentia and ratified at the September 8, 2015 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 16F1). CHS has prepared Landlord Payment Agreements for each landlord agreeing to participate in the program. The following landlord will be entering into a Landlord Payment Agreement: NR Contractors, Inc. 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 Board consideration. This is consistent with the program and will allow payments for rent arrears. FISCAL IMPACT: Funds are available from the Emergency Solutions Grant 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 item 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 Agreement with the above-referenced landlord, 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 ATTACHMENT(S) 1. Landlord Agreement-NR Contractors (PDF) Packet Pg. 611 16.D.2 01/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Item Summary: Recommendation to approve and authorize the Chairman to execute one Landlord Payment Agreement, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions Grant Program. Meeting Date: 01/10/2017 Prepared by: Title: Grants Coordinator—Community& Human Services Name: Jody Paley 11/22/2016 11:23 AM Submitted by: Title: Division Director- Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 11/22/2016 1 1:23 AM Approved By: Review: Community&Human Services Kristi Sonntag Additional Reviewer Completed 11/29/2016 1:06 PM Community&Human Services Maggie Lopez Additional Reviewer Completed 12/01/2016 8:44 AM Public Services Department Amanda O.Townsend Additional Reviewer Completed 12/09/2016 11:30 AM Community&Human Services Leslie Davis Additional Reviewer Completed 12/09/2016 3:30 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 12/14/2016 2:38 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/15/2016 3:58 PM Grants Erica Robinson Level 2 Grants Review Completed 12/19/2016 3:47 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/22/2016 8:58 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 9:51 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2016 9:24 AM Budget and Management Office Ed Finn Additional Reviewer Completed 12/28/2016 9:46 AM Grants Therese Stanley Additional Reviewer Completed 12/28/2016 12:21 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 3:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM Packet Pg. 612 16.D.2.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",NR Contractors, Inc., 5318-5340 Gilchrist,Naples, FL 34113, 239-597-9083. 0 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): U 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 a) agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the o authorized personnel list must be approved in writing by an authorized agency representative. -75 3. The landlord agrees to provide agency with contact information for authorized CHS c representative to resolve a crisis and/or apply benefit commitment on the client's behalf. N N 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 0 I 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 o 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 Packet Pg. 613 16.D.2.a 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. U 0! i 12. In accordance with the Florida Local Government Prompt Payment Act, the agency agrees to provide payment to the landlord as follows: d (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 a 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 o • program participant under the same terms and conditions (i.e., same payment due date, (.1 grace period, and late penalty requirements). f4 (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 z Eligible under the ESG program. a) 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. a 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, 3 the funds will be returned to the agency. -J 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 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 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. 614 16.D.2.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. 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 z Collier County Government NR Contractors, Inc Community and Human Services 5318-5340 Gilchrist E 3339 Tamiami Trail East, Suite 211 Naples, FL 34113 Naples, FL 34112 BY: BY: Authorized Signature 1 Print Name: Ray Muslimani c v Date: Date: 11-22-16 0 o j U � I Z m ani E' Q D'AI GHT E. BROCK, Clerk Approved as to form and legality By: Assistant County Attorney 2 �, "C17) Q Page 3 of 3 ti Packet Pg. 615