Agenda 10/24/2023 Item #16D2 (Housing Grant Fund and Housing Match Fund 1836)10/24/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between
Collier County and BKReed Investments LLC, d/b/a Reed Property Management and Sales, allowing the
Community and Human Services Division (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.
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 FY2021 One-Year Action Plan, was approved by the Board on June 22, 2021, Agenda Item #16D7, and the
FY22-23 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 #16D17, 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 #16D8. 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 FY20, 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. As part of this program, the priority is to
serve those who are homeless and at risk of homelessness.
HUD requires that each landlord enter into a landlord agreement with the County for payment. Staff has identified
BKReed Investments LLC d/b/a Reed Property Management and Sales as a landlord willing to participate in the
program.
CHS has prepared a Landlord Payment agreement pursuant to 25 CFR 576.106 (e). Landlords are only paid for
those costs associated with the leases, i.e. rent, pet fees, utilities etc. The maximum amount of assistance is
determined by the recertification eligibility of the tenant and as defined by the ESG program parameters. If this
item is approved, the attached standard Landlord Payment Agreement will be forwarded to th e Board 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 (1835), Project 33690, 33764, 33824, and
33840. The required match is available via transfer from General Fund 155930 to Housing Grant Fund (1836),
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10/24/2023
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.
RECOMMENDATION: To approve and authorize the Chairman to sign a Landlord Payment Agreement between
Collier County and BKReed Investments LLC, d/b/a Reed Property Management and Sales, allowing the
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. BKReed CAO stamped (PDF)
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10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 26772
Item Summary: Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement
between Collier County and BKReed Investments LLC, d/b/a Reed Property Management and Sales, allowing the
Community and Human Services Division (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: 10/24/2023
Prepared by:
Title: – Community & Human Services
Name: Carolyn Noble
09/26/2023 2:45 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
09/26/2023 2:45 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 09/26/2023 5:35 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 09/27/2023 6:56 AM
Public Services Department Vanessa Collier Additional Reviewer Completed 09/27/2023 7:52 AM
Community & Human Services Donald Luciano Additional Reviewer Completed 09/27/2023 8:31 AM
Community & Human Services Kim Frazier Additional Reviewer Completed 09/27/2023 1:51 PM
Public Services Department Tara Bishop Additional Reviewer Completed 10/02/2023 10:30 AM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 10/03/2023 9:13 AM
Grants Erica Robinson Level 2 Grants Review Completed 10/06/2023 4:35 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 10/10/2023 11:38 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/11/2023 9:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2023 10:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 10:38 AM
Grants Therese Stanley Additional Reviewer Completed 10/11/2023 3:51 PM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 10/13/2023 10:44 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/16/2023 8:59 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
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EMEUGINCy SOLTJI]ONS GUAN'r. (rjsc) oR
EMERGENCY SOLU'IIONS GRANI' ITAPID UNSIIE,LTERED
SURVIVOR I]OUSING (ESG RUSII)
I,ANDI-ORD PAYMENT AGREIJMENI'
TI{IS AGREEMENT is entered into between collier county Board of county commissioncrs,
hcreinafter refered to as rhe CO[INTy and BKBtsBD INVEST}IENIS Il;C d,/b/e
BIX$D PBOPtsRTI I.{ANACEMbNT AND SALES, hG}.lneft.r IANDIORD.
The undersigned LANDI-ORD hereby agrees to the following conditions in order to receivcLA-NDLORD payments from the CouNTy under rhe Emergenc! solutions Grant program (ESG)
or Emergency Solutions Grant Rapid Unsheltered Survivor Housing (ESG RUSH):
I . This agreement shall begin on _ and shall end upon 30-days written notification
from either parry to th" oth"r, or wt en firnding for this program is no ronger available.
--
2. The COUNTY agrees to provide the LANDLORD rvith a list of names and conlact information
for all CoUNTY personnel authorized to commit ESG or ESG RUSH funds. The LANDLORDwill only accept payment commitment from authorized couNTy personnel. changes(addition/deletions) to the authorized personnel list musl be approved in writing by an authorizcd
COUNTY representative.
3- The LANDLORD agrees to provide COUNry with contact information for authorized CHS
representatives to resolve a crisis and/or apply benefit commitment on the clicnt,s behalf.
4. The LANDLORD agrees to provide tbe COIINTY with copy of all leases and modifications or
amendmenis 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 regulition
does not prohibir payment.
6- The LANDLORD assures that no household receiving ESG or ESG RUSH assistance will betreated adversely because ofsuch assistance under appiicable provisions offederal, state or Iocalregulatory requirements. During the term of this agreemen{ LANDLORD agreis to give theCOUNTY a copy ofany notice to the program padicipant to vacate the housing rinit, or co"mplaint
used under state or local law to commence an eviction action against the program purtiaip-t.
7. The LANDLORD assures that eligible households on rvhose behalf ESG or ESG RUSH
assistance is received will not be discriminated against.
8. The LANDLORD understands lhat only etigible activities listed under 24 Ct'R 576.106, Short-
term and medium-term rental assistance, are to be paid with ESG or ESG RUSII fi.rnds.
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 allorved. No
charges that rcsult from illegal activities such as bad che;ks;r meter tampering will be paid with
ESG or ESG RUSH funds.
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Packet Pg. 1167 Attachment: BKReed CAO stamped (26772 : BKReed Landlord Agreement)
10. The LANDLORD understands that the ESC 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 RUSII benefits will be deemed as LANDLORD's acknowledgement and
acceptance has become cuffent on any and all payments due to LANDLORD as a result ofthe
ESG or ESG RUSH payment.
12. Ir accordance with the Florida Local Govemment Prompt Payment Ac! the COUNTY agrees to
provide payment to the LANDLORD as follows:
(a) Rental Anears, Application Fees and/or Deposits: will be dispersed by the COUNTY within
60 days from the date ofthe COUNTY's approval ofthe program participant's eligibility ifthe
rental assistance is a valid ESG or ESG RUSH program expenditure.
(b) Ongoing rental assistanca: 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 (rle., 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. Ifan ESG or ESG RUSH payment to the LANDLORD cannot be applied to an ESG ESG RUSH
prograrr participant's account, the funds will be returned to the COIINTY.
15. The LANDLORD, with the exception of municipal providers, must be in "active" status with the
State of Florida: hftp://suabiz.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 docum€ntation ofverification that the business name ofthe I,ANDLORD on
this agreement is the same as the legal business name on the State ofFlorida System for Award
Management website.
16. The LANDLORD agrees to maintain documentation of verification that the owner's name or
business names of the LANDLORD on this agreemenl is the same name as that name on the
Collier County Property Appraiser, unlcss designated througlr a property management
agreement.
17. COTINTY does not assume any responsibility for, or liability to, any person ir{ured as a result of
LANDLORD's action or failure to act in connection with the implementation of this agreement
or as a result of ary other failure to act by the LANDLORD.
18. LANDLORD is not the agent ofCOUNTY and this agreement does not create any relationship
between COUNTY and any |ender to LANDLORD or suppliers, employees, contractors or
subcontractors used by LANDLORD in connection with this agreement.
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I l. The LANDLORD agrees to assist the COLINTY in verifing the ESG or ESG RUSH program
pafiicipant's information and to make timely commilments 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: (l) current
amount owed (broken down by month) (2) due date/eviction dates informal eviction notice / 3-
day notice and (3) amount necessary to resolve the situation.
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Packet Pg. 1168 Attachment: BKReed CAO stamped (26772 : BKReed Landlord Agreement)
19. Nothing in this agreement will be construed as creating any right of a program participant or a
third-party to cnforce any ptovision ofthis agrcement ol to assess any claim against COUNTY,
or LANDLORD under this l{ental Assistance Agreement.
20. Exhibit A, attached hereto and incorporated by reference, shall be attached to all leases entered
into with ESG or ESG RUSII funded tenants, unless similar language covering VAWA
requirements is already in the LANDLORD's slandard lease.
SIGNATURE PAGE TO FOLLOW
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Packet Pg. 1169 Attachment: BKReed CAO stamped (26772 : BKReed Landlord Agreement)
IN wlrNEss I HEREOF, the parties herero have caused this agreement to be executed by rheir
undersigned oflcials as duly authorized.
ATTEST:
CRYSTAL K. KINZEL. CLERK
. Deplrty Cllerk
Dated:
(SEAL)
Approved as to Form and Legality:
B1
Derek D. Perry
Assistant County Anomey
BOAITD OF COL]N'f Y COMMISSIONERS O}'
COLI-I ER COUNTY, FLORIDA
B)',
RICK I-OCASTRO, CHAIRMAN
I,ANDLOBD I
BIGEED INVEaTMENTEi LLC d/b/r
BE!iD PROPEBfY }.IANACEMENT
AND SAIES
BY:
LANDLORD OR A o ED SIGNOR
PRINI ED NAME: Kim Reed
ADDRESS l0l6 Collier Center Way, Ste
204 Napl FL 34ll0
As Auth.rlzad ltlcnbcr
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Packet Pg. 1170 Attachment: BKReed CAO stamped (26772 : BKReed Landlord Agreement)
VIOLENCE. DAl'IN(] V IOLf, NCE
OR STAI,KI\G
lJ.S. Dcpartntent of llousing
and ll rban Dcvclopnrclt
Ofrice ofHousing
O^,rB Approval No. 2502-0204
hxP.613()i21)17
TENANT LANDLORD
This lease addendum adds thc following paragraphs to the Lease between the above referenced Tenant
and Landlord.
I'urpose of the Addendum
The lease lor 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 rvith Other Provisions of the Lease
Term of the Lcasc Addcndum
The effective date ofthis Lease Addendum is
continue to be in efTcct unlil the Lcasc is tcrminated.
VAWA Protcctions
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 ofassistance,
tenancy or occupancy rights ofthe victim ofabuse.
The Landlord may not consider criminal activity directly relating to abuse, engaged in by a
member ofa tenant's household or any guest or other person under the tenant's control, cause
for termination ofassistance, tenancy, or occupancy rights if the tenant or an immediate
member oflhe tenant's family is the victim or threatened victim ofthat abuse.
The Landlord may request in writing that the victim, or a family member on the victim's
behalf, certify that thc individual is a victim ofabuse and that thc Certification of Domestic
Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on
the certification fbrm, 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.
'l'cnant Date
Fornr HllD-91()67
(slzoosl
1
3
Landlord
PaBe 5 OF 5
Date
LINIT NO. & ADDRESS
EXHTBIT A_VAWA
VIOLE\CE AGAINST WOMEN AND JUSTICE DEPARTIIIENT REAUTHORIZATION ACT OF 2OO5
In case ofany conflict between the provisions ofthis Addendum and other sections of the
Lease, the provisions of this Addendum shall prevail.
This Lease Addendum shall
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Packet Pg. 1171 Attachment: BKReed CAO stamped (26772 : BKReed Landlord Agreement)