Backup Documents 05/09/2023 Item #16D 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 I 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 3 c
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County A o+n 1 O
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no I ter
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Carolyn Noble Community and Human CN 4.4.23
Services
2. County Attorney Office— County Attorney OfficeIDDP n ( 5 I(8 I23
3. BCC Office Board of County
Commissioners IL' f19'yj 4/ s/MI z 3 4. Minutes and Records Clerk of Court's Officelitlirti7DAtti
AI
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff 7 i / Phone Number 239-450-5186
Contact/ Department o l x, �d.1,l C
Agenda Date Item was Agenda Item Number
Approved by the BCC 5/1 /t3 16. D. 1
Type of Document 3 ORIGINAL LANDLORD PAYMENT Number of Original 3 ORIGINAL
Attached AGREEMENTS FOR WALTHAM RIVERS Documents Attached DOCUMENTS
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK CN
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!8. The document was approved by the BCC on above date and all changes made duringT/A is not
the meeting have been incorporated in the attached document. The County (� an option for
Attorney's Office has reviewed the changes,if applicable. �J this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the O 0 an option for
Chairman's signature. this line.
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MEMORANDUM
Date: May 22, 2023
To: Carolyn Noble, Grants
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Emergency Solutions Grant/Emengency Solutions Grant Rapid
Unsheltered Survivor Housing (ESG RUSH)
Walthan River's Edge, LLC
Enclosed please find two (2) originals of each document referenced above (Agenda
Item #16D4), approved by the Board of County Commissioners on Tuesday, May 9,
2023.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosure
1 6 D 4.
r
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 5 1 et 23_and shall end upon 30-days written notification
from either party to the other, or when nding 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.
8. 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
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1 6D 4
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).
(c) Payments beyond 60 days will require interest to be paid from 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.html. 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.
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16D 4
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",
l8. "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
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cop,
16D 4
IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL CLERK OF COL UNTY,FLORIDA
• i ,O;e. L.�►.V��i� By: _.
rest as;�to p,airinan's,_+es ger RICK LOCASTRO, CHAIRMAN
stghature'only
Dated:
EAL)
LANDLORD
WALTHAM RIVER'S EDGE LLC
BY:
Appr ved as to Form and Legality: LANDLORD OR A 'HORIZED SIGNOR
1/1A " PRINTED NAME:
Derek D. Perry sn '
Assistant County Attorney �� ADDRESS 9 L t q '� ��� 1./0 `1
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16D 4 ;
VIOLENCE,DATING VIOLENCE U.S.Department of dousing OMB Approval No.2502-0204
OR STALKING and Urban Development )lap.6/10/2017
{ Office.of Housing
EXHIBIT A-VAWA
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OP 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(VAWA).
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
L. 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 HUD-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 Date
Landlord Date
Form MUD-91067
(9/21H18)
co
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