Agenda 05/09/2023 Item #16D 4 (Landlord Payment Agreement allowing CHS to administer the Rapid Re-housing and homelessness provention Program)16.D.4
05/09/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Landlord Payment Agreement
allowing the Community and Human Services (CHS) Division to administer the Rapid Re -Housing and
Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor
Housing Grants 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: The U.S. Department of Housing and Urban Development (HUD) provides Emergency
Solutions Grants (ESG) funds to address housing specific homeless and at risk of homeless needs identified in the
community including rental application fees, security deposits, utility deposits or payments, last month's rent, as
well as short- or medium -term rental assistance.
Every five (5) years the County is required to prepare the Consolidated Plan outlining the goals and activities over
the next five (5) years for the HUD entitlement funds. The Board of County Commissioners (Board) approved the
Collier County 2016-2021 Consolidated Plan on June 28, 2016, Agenda Item #16D23, and the corresponding
FY20-21 One -Year Action Plan on June 23, 2020, Agenda Item #11I. The 2021-2025 Consolidated Plan, including
the FY 2021 One -Year Action Plan, was approved by the Board on June 22, 2021, Agenda Item #16137 and the FY
22-23 One -Year Action Plan was approved by the Board on June 28, 2022, Agenda Item #16D4.
Funding Approval Agreements issued by HUD and approved by the Board for the Emergency Solutions Grant
(ESG) Program for FY20 were executed on June 23, 2020, Agenda Item 16D17, FY21 on June 22, 2021, Agenda
Item #16.D7, and FY22 on June 28, 2022, Agenda Item #16D4. The Funding Approval Agreements require grant
funds to be used for homelessness prevention and recovery projects in accordance with 24 CFR 576.
On October 26, 2022, the County was notified of the intended award in the amount of $861,716 in Emergency
Solution Grant Rapid Unsheltered Survivor Housing (ESG RUSH) funding. A Substantial Amendment to the
FY22-23 Annual Action Plan was approved by the Board on December 13, 2022, Agenda Item #16138 accepting
the ESG RUSH funds with a period of performance date of February 14, 2023, to February 13, 2025. On February
17, 2023, the final award agreement was received.
In order to fully expend the FY 20, 21, and 22 ESG and ESG RUSH funds, it is necessary for the County to directly
administer an ESG/ESG RUSH program. As part of this program, the priority is to serve those who are homeless
and at risk of homelessness. HUD requires that each landlord enters into a landlord agreement with the County for
payment. Staff has identified Waltham River's Edge LLC as a landlord willing to participate in the program.
CHS has prepared a Landlord Payment agreement Pursuant to 25 CFR 576.106 (e). If this item is approved, the
attached standard Landlord Payment Agreement will be forwarded to the Chairman for signature and execution and
shall end upon thirty (30) days written notice by either party.
FISCAL IMPACT: The proposed actions have no new Fiscal impact. The funding sources for the award are the
Emergency Solutions Grants which are budgeted in Housing Grant Fund (705) Project 33690, Project 33764,
Project 33824 and Project 33840. The required match is available via transfer from General Fund 155930 to
Housing Grant Fund (706) as Project 33690, Project 33764, and Project 33824.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. -DDP
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further the Goals,
Objectives, and Policies within the Housing Element of the Growth Management Plan.
Packet Pg. 814
16.D.4
05/09/2023
RECOMMENDATION: To approve and authorize the Chairman to execute a Landlord Payment Agreement
allowing Community and Human Services Division to administer the Rapid Re -Housing and Homelessness
Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program.
Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. Waltham Rivers Edge Landlord Agmnt CAO Stamped 4.6.23 (PDF)
Packet Pg. 815
16. D.4
05/09/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 25195
Item Summary: Recommendation to approve and authorize the Chairman to execute a Landlord Payment
Agreement allowing the Community and Human Services (CHS) Division to administer the Rapid Re -Housing and
Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing
Grants Program.
Meeting Date: 05/09/2023
Prepared by:
Title: — Community & Human Services
Name: Carolyn Noble
04/06/2023 3:09 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
04/06/2023 3:09 PM
Approved By:
Review:
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Donald Luciano
Additional Reviewer
Operations & Veteran Services
Jeff Weir
OVS Director Review
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Public Services Department
Tanya Williams
PSD Department Head Review
Grants
Erica Robinson
Level 2 Grants Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Blanca Aquino Luque Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
Corporate Compliance and Continuous Improvement
Megan Gaillard
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office Dan Rodriguez Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
04/06/2023 3:11 PM
Completed
04/06/2023 3:22 PM
Completed
04/07/2023 11:30 AM
Completed
04/10/2023 9:54 AM
Completed
04/11/2023 4:33 PM
Completed
04/24/2023 8:48 AM
Completed
04/25/2023 8:37 AM
Completed
04/25/2023 8:51 AM
Completed
04/26/2023 8:17 AM
Completed
04/27/2023 4:53 PM
Additional Reviewer
Completed
04/27/2023 8:29 PM
Completed
04/28/2023 9:52 AM
Completed
05/01/2023 2:12 PM
05/09/2023 9:00 AM
Packet Pg. 816
16.D.4.a
EMERGENCY SOLUTIONS GRANT (ESG) OR
EMERGENCY SOLUTIONS GRANT RAPID UNSHELTERED
SURVIVOR HOUSING (ESG RUSH)
LANDLORD PAYMENT AGREEMENT
THIS AGREEMENT is entered into between Collier County Board of County Commissioners,
hereinafter referred to as the "COUNTY" and WALTHAM RIVER'S EDGE LLC, hereinafter
referred to as the "LANDLORD".
The undersigned "LANDLORD" hereby agrees to the following conditions in order to receive
"LANDLORD" payments from the "COUNTY" under the Emergency Solutions Grant Program
(ESG) or Emergency Solutions Grant Rapid Unsheltered Survivor Housing (ESG RUSH):
1. This agreement shall begin on and shall end upon 30-days Mitten notification
from either party to the other, or when funding for this program is no longer available.
2. The "COUNTY" agrees to provide the "LANDLORD" with a list of names and contact
information for all "COUNTY" personnel authorized to commit ESG or ESG RUSH funds.
The "LANDLORD" will only accept payment commitment from authorized "COUNTY"
personnel. Changes (addition/deletions) to the authorized personnel list must be approved in
writing by an authorized "COUNTY" representative.
3. The "LANDLORD" agrees to provide "COUNTY" with contact information for authorized
CHS representatives to resolve a crisis and/or apply benefit commitment on the client's behalf.
4. The "LANDLORD" agrees to provide the "COUNTY" with copy of all leases and
modifications or amendments for each eligible ESG or ESG RUSH program participant.
5. The "COUNTY" agrees to provide payments directly to the "LANDLORD" on behalf of the
eligible ESG or ESG RUSH program participant and as long as the grantor "COUNTY" and/or
regulation does not prohibit payment.
6. The "LANDLORD" assures that no household receiving ESG or ESG RUSH 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 "COUNTY" 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 or ESG RUSH
assistance is received will not be discriminated against.
S. The "LANDLORD" understands that only eligible activities listed under 24 CFR 576.106,
Short-term and medium -term rental assistance, are to be paid with ESG or ESG RUSH funds.
9. The "LANDLORD" understands that only costs of short-term and medium -term rental
assistance in accordance with the terms of the ESG or ESG RUSH program are allowed. No
Page 1 of 5
Packet Pg. 817
16.D.4.a
charges that result from illegal activities such as bad checks or meter tampering will be paid
with ESG or ESG RUSH funds.
10. The "LANDLORD" understands that the ESG or ESG RUSH benefit amount must pay for the
complete charges owed by the ESG or ESG RUSH program participant and that acceptance of
ESG or ESG RUSH benefits 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 or ESG RUSH payment.
11. The "LANDLORD" agrees to assist the "COUNTY" in verifying the ESG or ESG RUSH
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 "COUNTY" with the following detailed ESG or ESG RUSH 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 "COUNTY"
agrees to provide payment to the "LANDLORD" as follows:
(a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the
"COUNTY" within 60 days from the date of the "COUNTY"s approval of the
program participant's eligibility if the rental assistance is a valid ESG or ESG RUSH
program expenditure.
(b) Ongoing rental assistance: will be disbursed by the "COUNTY" for eligible ESG or
ESG RUSH 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).
(e) Payments beyond 60 days will require interest to be paid fiom non-ESG or ESG
RUSH funds.
(d) "COUNTY"s promise to pay can only be issued after an ESG or ESG RUSH
participant has been certified as Eligible under the ESG or ESG RUSH program.
13. This "LANDLORD" Agreement will be signed by "COUNTY", and "LANDLORD"s
authorized representative.
14. If an ESG or ESG RUSH payment to the "LANDLORD" cannot be applied to an ESG ESG
RUSH program participant's account, the funds will be returned to the "COUNTY".
15. The "LANDLORD", with the exception of municipal providers, must be in "active" status with
the State of Florida: http://sunbiz.org/search.htmi. The "LANDLORD"s name must also be
verified against the System for Award Management website at http://www.sam,.gov. The
"COUNTY" 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.
Page 2 of 5
IN10
Packet Pg. 818
16.D.4.a
16. The "LANDLORD" agrees to maintain documentation of verification that the owner name or
business names of the "LANDLORD" on this agreement is the same name as that name on
the Collier County Property Appraiser, unless designated through a property management
agreement.
17. "COUNTY" 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 "COUNTY" and this agreement does not create any
relationship between "COUNTY" and any lender to "LANDLORD" or suppliers, employees,
contractors or subcontractors used by "LANDLORD" in connection with this agreement.
19. 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
"COUNTY", or "LANDLORD" under this Rental Assistance Agreement,
20. Exhibit A, attached hereto and incorporated by reference, shall be attached to all leases
entered into with ESG or ESG RUSH funded tenants, unless similar language covering VA
WA requirements is already in the "LANDLORD"s standard lease.
SIGNATURE PAGE TO FOLLOW
Page 3 of S
Packet Pg. 819
16.D.4.a
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
, Deputy Clerk
(SEAL)
Approved as to Form and Legality:
Derek D. Perry
Assistant County Attorney D�
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
RICK LOCASTRO, CHAIRMAN
LANDLORD
WALTHAM RIVER'S EDGE LLC
BY:
LANDLORD OR A
6 AHORIZED SIGNOR
PRINTED ME;
fq a ►-emu J
ADDRESS Q q 3 z"%
Page 4 of 5
O
Packet Pg. 820
16.D.4.a
VIOLENCE, DATING VIOLENCE U.s. Departmenl III' IEijnsing M%lAppiovilNo. 25o2.02T4
Oit STALKING and Urban Development W40/2017
e
office of Housilig
EXHIBIT A - VAWA
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT of 2005
TENANT LANDLORD UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the above referenced
Tenant and Landlord,
Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the
Violence Against Women and Justice Department Reauthorization Act of 2005 (WAWA).
Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease,
the provisions of this Addendum shall prevail.
Term of the Lease Addendum
The effective date of this Lease Addendum is This Lease Addendum shall
continue to be in effect until the Lease is terminated.
VAWA Protections
I . The Landlord may not consider incidents of domestic violence, dating violence or stalking as
serious or repeated violations of the lease or other "good cause" for termination of assistance,
tenancy or occupancy rights of the victim of abuse.
2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a
member of a tenant's household or any guest or other person under the tenant's control, cause
for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate
member of the tenant's family is the victim or threatened victim of that abuse.
3. The Landlord may request in writing that the victim, or a family member on the victim's
behalf, certify that the individual is a victim of abuse and that the Certification of Domestic
Violence, Dating Violence or Stalking, Form fIC1D-91066, or other documentation as noted
on the certification form, be completed and submitted within 14 business days, or an agreed
upon extension date, to receive protection under the VAWA. Failure to provide the
certification or other supporting documentation within the specified timeframe may result in
eviction.
Tenant
Landlord
Date
Date
F oc m I I UD-9 t 067
(9121)08)
Page 5 of 5
Packet Pg. 821