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Backup Documents 01/23/2024 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1.23.24 BCc MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office 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 later 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carolyn Noble Community and Human CN 1.17.24 Services 2. County Attorney Office— County Attorney Office 00 e 1I2SCZ� 3. BCC Office Board of County Commissioners by 13p( t/26f 2`i 4. Minutes and Records Clerk of Court sOffice / c aDJI q 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 Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 1.23.24 BCC Mtg Agenda Item Number 16.D.g Approved by the BCC Type of Document 2 LANDLORD AGREEMENTS FOR Number of Original 6 DOCUMENTS Attached SPRINGHURST AND PODDAR Documents Attached 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 during N/A is not the meeting have been incorporated in the attached document. The County ,n 0 V an option for Attorney's Office has reviewed the changes,if applicable. 1 f 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 Op an option for Chairman's signature. C this line. 6D 8 MEMORANDUM Date: January 29, 2024 To: Carolyn Noble, Grants Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: ESG for Rapid Unsheltered Survivor Housing — Landlord Payment Agreement Sameer Poddar Enclosed please find two (2) originals of each document referenced above (Agenda Item #16D8), approved by the Board of County Commissioners on Tuesday, January 23, 2024. 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 16D I 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 Sameer Poddar, 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 f/23 1 ZL{ 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. S. 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 charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG or ESG RUSH funds. Page 1 OF 5 coo 1 6 D 8 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 informal 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 finds. (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. 16. The LANDLORD agrees to maintain documentation of verification that the owner's 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 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. Page 2 OF 5 1 6 D 8 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 LANDLORD's standard lease. SIGNATURE PAGE TO FOLLOW Page 3 OF 5 coo 16D li IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. ATTEST. N•,,- BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL,C.4.,0K COLLIER COUNTY, FLORIDA ' -' -) ' 1 By: Attest as, haicm aIF* Cie• is all, Chairman sr. signatu: my n►S"''. Dated: 3/ 2.3 , Z o 2 Y (SEAL) Approved as to Form and Legality: By; all/0/ ,--- Derek D.Perry <1} Assistant County Attorney LANDL RD BY. LA LORD AUTHORIZED SIGNOR PIVI EAR E� / ApD�,RE�ggSASg Y,rt,Q�4 AAJJ i6 fr( A. Nt 1/4.T Page 4 OF 5 co 16D 8 VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No,2502-0204 OR STALKING and Urban Development Exp.6/30/2017 Office of housing 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 (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 Date Landlord Date Form HUD-91067 (9/2008) Page 5 OF 5 G�,0 16D 8 MEMORANDUM Date: January 29, 2024 To: Carolyn Noble, Grants Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: ESG for Rapid Unsheltered Survivor Housing — Landlord Payment Agreement Springhurst Properties, LLC Enclosed please find two (2) originals of each document referenced above (Agenda Item #16D8), approved by the Board of County Commissioners on Tuesday, January 23, 2024. 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 16D 8 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 SPRINGHURST PROPERTIES, 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 1 I Z 3lZ/ 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 charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG or ESG RUSH funds. Page 1 OF 5 16 © 8 10.The LANDLORD understands that the ESG or ESG RUSH benefit amount must pay for the complete charges owed by the ESG or ESG RUSII 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 informal 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. 16. The LANDLORD agrees to maintain documentation of verification that the owner's 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 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. Page 2 OF 5 Gtlt*� 1 6 D 8 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 RUSI-I funded tenants, unless similar language covering VAWA requirements is already in the LANDLORD's standard lease. SIGNATURE PAGE TO FOLLOW Page 3 OF 5 0 C t% 16D 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 OF CRYSTAL K. KINZ$i',,,CLERK COLLIE COUNTY, FLORIDA Y: A e t ante Chairm'aa A l s a 1, Chairman fit!9t ( Dated: 5044 a ) (SEAL) Approved as to Form and Legality: Derek D. Perry �p SPRINGHURST PROPERTIES, LLC. Assistant County Attorney k LANIJ ORD BY: d' LANDLORD OR AUTHORIZED SIGNOR PRINTED NAME: —� J 0-3,.a b (,-n ( tom (Itsiv(2: ADDRESS 3 3? 7-4- r !� ��,0,3�t.,s-` FL 3q/ ao Page 4 OF 5 0 16D b VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No.2502-0204 OR STALKING and Urban Development Exp.6/30/2017 Office of Housing 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 (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 timefi•anne may result in eviction. Tenant Date Landlord Date Form HUD-91067 (9/2008) Page 5 OF 5 0