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Agenda 07/11/2023 Item #16D1 (Allow Community and Human Services to administer the rapid Re-housing and Homelessness Prevention Progeram through the Housing Grants Program)16.D.1 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign three (3) Landlord Payment Agreements between Collier County and Michael and Michelle Nojunas, Randall L. Fredrickson, and Kirk Sanders, allowing Community and Human Services (CHS) to administer the Rapid Re -Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (Housing Grant Fund 1835 and Housing Match Fund 1836) OBJECTIVE: To implement the Board -approved action plan by providing rental assistance to individuals and families who may be impacted by Hurricane Ian and who may also be 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) and Emergency Solutions Grant RUSH (RUSH) funds to address housing specific homeless and at risk of homeless needs identified in the community. These funds may include payment for rental application fees, security deposits, utility deposits or payments, last month's rent, as well as short- or medium -term rental assistance. To comply with HUD regulations, the County must prepare a Consolidated Plan every five (5) years, outlining goals and activities for 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 ESG Program for FY20 were executed on June 23, 2020, Agenda Item #161317, and FY21 on June 22, 2021, Agenda Item #16D7 and FY22 on June 28, 2022, Agenda Item #16D4. The Funding Approval Agreements require grant funds to be used for homelessness and homeless prevention and recovery projects in accordance with 24 CFR 576. On October 26, 2022, the County was notified of the 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 due to the lack of sub -recipients. The program's priority is to serve those who are homeless and those at risk of homelessness. HUD requires that each landlord enter into a landlord agreement with the County for payment. Staff has identified Michael and Michelle Nojunas, Randall L. Frederickson, and Kirk Sanders as landlords willing to participate in the program. CHS has prepared three (3) separate Landlord Payment agreements Pursuant to 25 CFR 576.106 (e) for each participating landlord. If approved, the attached standard Landlord Payment Agreements will be forwarded to the Board Chairman for signature and execution, with a written termination notice period of thirty (30) days 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 (1835) as Project 33690, 33764, 33824, and 33840. The required match is available via transfer from General Fund 155930 to Housing Grant Fund (1836). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -DDP Packet Pg. 612 16.D.1 07/ 11 /2023 GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and Michael and Michelle Nojunas, Randall L. Frederickson, and Kirk Sanders, allowing CHS 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. Nojunas Landlord Agreement CAO (PDF) 2. Fredrickson Landlord Agreement CAO (PDF) 3. Sanders Landlord Agreement CAO (PDF) Packet Pg. 613 16.D.1 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doc ID: 25720 Item Summary: Recommendation to approve and authorize the Chairman to sign three (3) Landlord Payment Agreements between Collier County and Michael and Michelle Nojunas, Randall L. Fredrickson, and Kirk Sanders, allowing Community and Human Services (CHS) to administer the Rapid Re -Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (Housing Grant Fund 1835 and Housing Match Fund 1836) Meeting Date: 07/11/2023 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 06/02/2023 8:59 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 06/02/2023 8:59 AM Approved By: Review: Community & Human Services Jocelyn Pickens Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Jeff Weir OVS Director Review Community & Human Services Todd Henry Additional Reviewer Community & Human Services Donald Luciano Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Blanca Aquino Luque Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/02/2023 9:31 AM Completed 06/12/2023 4:06 PM Completed 06/12/2023 6:27 PM Skipped 06/13/2023 7:13 AM Completed 06/13/2023 12:18 PM Completed 06/13/2023 1:29 PM Completed 06/13/2023 3:42 PM Completed 06/15/2023 2:42 PM Completed 06/20/2023 3:00 PM Completed 06/21/2023 8:54 AM Completed 06/21/2023 9:08 AM Completed 06/22/2023 10:55 AM Completed 06/30/2023 9:44 AM Completed 07/05/2023 10:46 AM 07/11 /2023 9:00 AM Packet Pg. 614 16.D.1.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 CountBoard of County Commissioners, hereinafter referred to as the "COUNTY" and hereinafter referred to as the "LANDLORD". The undersigned "LANDLORD" hereby agrees to the following conditions in order to receive "LANDLORD" payments from the "COUNTY" wider 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 written 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. The "LANDLORD" assures that no household receiving ESG or ESG RUSH assistance will be treated adversely because of such assistance wider 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 progra►n 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 Page 1 of 5 Packet Pg. 615 16.D.1.a Charges that result f►•om 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 co►nmitments 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 finds 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. Page 2 of 5 Packet Pg. 616 16.D.1.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 VAWA requirements is already in the "LANLORD"s standard lease. SIGNATURE PAGE TO FOLLOW Page 3of5 Packet Pg. 617 16.D.1.a 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 COLLIER COUNTY, FLORIDA Dated: , Deputy Clerk (SEAL) Approved as to form and legality 47 ns,itiiunt County Attorney RICK LOCASTRO, CHAIRMAN LANDLO BY: ,'- v` LAND RD O AUTHORIZED SIG R PRINTED NAM v G_S ADDRESS Page 4 of 5 Packet Pg. 618 16.D.1.a VIOI.L:NCV, DATING VIOI,L;NCF U.S. Drparlmcnl of Ilousiu}} OR S'IALIUNG and Urban Dn'do}iurcul Oflirc of I lousing EXHIBIT A - VAWA VIOLENCE AGAINST WOMEN AND JUsno,, DEI'AIt'I'iUI',N'I' ItEAU'I'IIOItIZA'I'ION ACT OF 2005 TENANT LANDL R 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 Reaulhorizalion Act of 2005 (VAWA). Conflicts with Other Provisions of the Lease In case of any conflict between (lie provisions of this Addendum and other sections of the Lease, the provisions of this Addendum sliall 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 ofthe 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 submittal 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 jevictio 1. % Tenan Dat L ullord Date I of in I I L 1) 91067 t�uzuurl Packet Pg. 619 Page 5 of 5 16.D.1.b 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 ) L..L L W1 EL R W Vs'o d , 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 written 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. 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 Page 1 of 5 Packet Pg. 620 16.D.1.b 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.oig/search litml, The "LANDLORD"s name must also be verified against the System for Award Management website at http://www,sat 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 Packet Pg. 621 16.D.1.b 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 VAWA requirements is already in the "LANLORD"s standard lease. SIGNATURE PAGE TO FOLLOW Page 3 of 5 Packet Pg. 622 16.D.1.b 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 , Deputy Clerk Dated; (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA wa RICK LOCASTRO, CHAIRMAN LANDLORD LANDLORD O AUTHORIZED SIGNOR �PhINTED NAME; �F9JtiI��ILI%C: ADDRESS.''/'��}z(1f/cC�.2ni ,lG'i?t-1>S WA) App►owd as to form and legality — 91 z3 Assislunt County Attorney �(Z/o page q of 5 �LL 11� Packet Pg. 623 M 16.D.1.b I:, t).1'f'I\G \ IUI..I;\('1; I. .`;. Ott ti'f':\I.SiE\'( roil t rbm; f)crclupount i•,,,,.,:.._,.;, EXHIBIT A - VAWA VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZA'f ION ACT OF 2005 TENANT DLORD 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 of2005 (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 1. 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 Landlord Date Date I- ) lit n-91067 (),zuu)c) D... c ..$ e Packet Pg. 624 16.D.1.c 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 A: ` i' �'t°�,."".._s" , 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 written 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 fiends. 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 Page 1 of 5 Packet Pg. 625 16.D.1.c 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.ora/scarcli.litml. The "LANDLORD"s name must also be verified against the System for Award Management website at littL)://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 Packet Pg. 626 16.D.1.c 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 VAWA requirements is already in the "LANLORD"s standard lease. SIGNATURE PAGE TO FOLLOW Page 3 of 5 Packet Pg. 627 16.D.1.c 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 Cleric (SEAL) Approvcd as to form and legality Assistant County Attomoy `1 � r vu BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN LANDLORD LANDLORD OR AUTHORIZED SIGNOR PRINTED NAME: ADDRESS ��`/('( t_, ,•. r �.._��:rs�-`?.;%�'r%? 1/5 Page 4 of 5 Packet Pg. 628 16.D.1.c 1I0LENCE, DATING VIOLENCE U.S. Deparhnent of flousing OMB Approval No,2502.0204 OR STALIi11NG and Urharu Development Exp. (000017 Office ortiousing EXI3IBIT A - VAWA VIOLENCF AGAINST WOMEN AND JUSTICE DF.PARTAIENT REAUTIIOI2IZA'I'ION ACT Or 2005 TENANT LANDLORD UNITNO. & 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 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 HUD-9I066, 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 timefi'ame may result in eviction. Tenant Landlord Date Date roan IILID-91067 (9/2008) Packet Pg. 629 Page 5 of 5