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Backup Documents 04/26/2016 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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.Attorney Office. Route to Addressee(s) (List in routing order) _ Office Initials Date 1. Michelle Rubbo Community & Human Services ih-, Li 646 2. Jennifer Belpedio County Attorney Office 3. BCC Office Board of County -"TjF � Commissioners fit// 4. Minutes and Records Clerk of Court's Office /4U"/ 111.9-711 (e3`5-ypti- 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 Jody Paley Phone Number 252-2903 Contact/ Department a Agenda Date Item was April 26,2016 Agenda Item Number 16D1 1 Approved by the BCC Type of Document Five Landlord Agreements Number of Original 5 Attached Documents Attached PO number or account number if document is NA 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? rte,pk. „` ? o L-CA.3 JP 2. Does the document need to be sent to another agency for additional signatures? If yes, NA 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 JP 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 NA 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 JP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. V.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 April 26,2016 and all changes made JP during the meeting have been incorporated in the attached document. The County 1� Attorney's Office has reviewed the changes,if applicable. �� 9. Initials of attorney verifying that the attached document is the version approved by the �$ � r BCC,all changes directed by the BCC have been made,and the document is ready for the c, okj9 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 1 EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "agency", Oak Marsh, LLC, Post Office Box 343529, Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the "landlord". The undersigned landlord hereby agrees to the following conditions in order to receive landlord payments from the agency under the Emergency Solutions Grant Program (ESG): 1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification from either party to the other, or if funding for this program is no longer available. 2. The agency agrees to provide the landlord with a list of names and contact information for all agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized agency representative. 3. The landlord agrees to provide agency with contact information for authorized CHS representative to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The landlord agrees to provide agency with copy of all leases and modifications or amendments for each eligible ESG program participant. 5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG program participant and as long as the grantor agency and/or regulation does not prohibit payment. 6. The landlord assures that no household receiving ESG 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 agency 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 assistance is received will not be discriminated against. 8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term and medium-term rental assistance, are to be paid with ESG funds. 9. The landlord understand that only costs of Short-term and medium-term rental assistance in accordance with the terms of the ESG program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG funds. 10. The landlord understand that the ESG benefit amount must pay for the complete charges owed by the ESG program participant and that acceptance of ESG benefit will be deemed as Page 1 of 3 0 160 1 Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 11. The landlord agrees to assist the agency in verifying the ESG 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 agency with the following detailed ESG 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 agency agrees to provide payment to the landlord as follows: (a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency within 60 days from the date of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG 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 funds. (d) Agency's promise to pay can only be issued after ESG participant has been certified as Eligible under the ESG program. 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, the funds will be returned to the agency. 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 agency 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. Agency 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. 17. Landlord is not the agent of agency and this agreement does not create any relationship between agency and any lender to landlord or suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. Page 2 of 3 160 1 18. 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 agency, or landlord under this Rental Assistance Agreement. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. AGENCY LANDLORD Collier County Government Oak Marsh, LLC Community and Human Services Post Office Box 343529 3339 Tamiami Trail East, Su 211 Florida City, FL 33034 Naple1FL 34112 �7 BY44111140 BY: Aim DONNA FIALA , Chairman --=-37'"'"f"--ed Person to Sign F .kk ' i r K , the1 Date: 4- /a CD '► co Date: /a& 1 V Co Approved as to form and legality e: /a& 1iLiq 1, Countye Attest as to Chairman s 'Q.► Y055 signature oniy. Page 3 of 3 16. 0 1 EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "agency", Big Cypress Housing Corporation, Post Office Box 343529, Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the"landlord". The undersigned landlord hereby agrees to the following conditions in order to receive landlord payments from the agency under the Emergency Solutions Grant Program (ESG): 1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification from either party to the other, or if funding for this program is no longer available. 2. The agency agrees to provide the landlord with a list of names and contact information for all agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized agency representative. 3. The landlord agrees to provide agency with contact information for authorized CHS representative to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The landlord agrees to provide agency with copy of all leases and modifications or amendments for each eligible ESG program participant. 5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG program participant and as long as the grantor agency and/or regulation does not prohibit payment. 6. The landlord assures that no household receiving ESG 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 agency 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 assistance is received will not be discriminated against. 8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term and medium-term rental assistance, are to be paid with ESG funds. 9. The landlord understand that only costs of Short-term and medium-term rental assistance in accordance with the terms of the ESG program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG funds. 10. The landlord understand that the ESG benefit amount must pay for the complete charges owed by the ESG program participant and that acceptance of ESG benefit will be deemed as Page 1 of 3 1 1601 Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 11. The landlord agrees to assist the agency in verifying the ESG 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 agency with the following detailed ESG 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 agency agrees to provide payment to the landlord as follows: (a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency within 60 days from the date of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG 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 funds. (d) Agency's promise to pay can only be issued after ESG participant has been certified as Eligible under the ESG program. 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, the funds will be returned to the agency. 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 agency 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. Agency 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. 17. Landlord is not the agent of agency and this agreement does not create any relationship between agency and any lender to landlord or suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. Page 2 of 3 16 0 1 18. 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 agency, or landlord under this Rental Assistance Agreement. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. AGENCY LANDLORD Collier County Government Big Cypress Housing Corporation Community and Human Services Post Office Box 343529 3339 Tamiami Trail East, Su 211 Florida City, FL 33034 Naples, L 34112 BY: BY: D6NNA FTALA, , Chairman API`rrezed Person to Sign Date: 4- /a.Q I 1 (, Date: 4 IQ-4' 11 (a ATTEST:.• •.•. Approved as to form and legality DWIGH i E. pROcK; Clerk By: Ark Assi t County orn y Attest as to Chairman's signature only. - -' Page 3 of 3 160 1 EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "agency", Everglades Supportive Housing, LLC Post Office Box 343529, Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the "landlord". The undersigned landlord hereby agrees to the following conditions in order to receive landlord payments from the agency under the Emergency Solutions Grant Program (ESG): 1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification from either party to the other, or if funding for this program is no longer available. 2. The agency agrees to provide the landlord with a list of names and contact information for all agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized agency representative. 3. The landlord agrees to provide agency with contact information for authorized CHS representative to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The landlord agrees to provide agency with copy of all leases and modifications or amendments for each eligible ESG program participant. 5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG program participant and as long as the grantor agency and/or regulation does not prohibit payment. 6. The landlord assures that no household receiving ESG 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 agency 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 assistance is received will not be discriminated against. 8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term and medium-term rental assistance, are to be paid with ESG funds. 9. The landlord understand that only costs of Short-term and medium-term rental assistance in accordance with the terms of the ESG program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG funds. 10. The landlord understand that the ESG benefit amount must pay for the complete charges owed by the ESG program participant and that acceptance of ESG benefit will be deemed as Page 1 of 3 a� n 16 D i Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 11. The landlord agrees to assist the agency in verifying the ESG 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 agency with the following detailed ESG 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 agency agrees to provide payment to the landlord as follows: (a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency within 60 days from the date of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG 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 funds. (d) Agency's promise to pay can only be issued after ESG participant has been certified as Eligible under the ESG program. 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, the funds will be returned to the agency. 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 agency 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. Agency 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. 17. Landlord is not the agent of agency and this agreement does not create any relationship between agency and any lender to landlord or suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. Page 2 of 3 0 16 0 1 18. 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 agency, or landlord under this Rental Assistance Agreement. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. AGENCY LANDLORD Collier County Government Everglades Supportive Housing LLC Community and Human Services Post Office Box 343529 3339 Tamiami Trail East, Su 211 Florida City, FL 33034 Naples, 34112 j BY: c BY: DCNNA FIALA , Chairman 111� •.sized Person to Sign Steve _- lig, °wile( Date: #-J a-4 It(o Date: q-P.Co. ) I (e if Z r. Approved as to form and legality . t. `: '{ h As wantCoun -..� li` County ' 'rney Attest as to Chairman's` �ax �l' signature only. .5\� Page 3 of 3 0 160 1 EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "agency", Eden Gardens II, LLC Post Office Box 343529, Florida City, FL 33034 (305)242-2142 hereinafter referred to as the "landlord". The undersigned landlord hereby agrees to the following conditions in order to receive landlord payments from the agency under the Emergency Solutions Grant Program (ESG): 1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification from either party to the other,or if funding for this program is no longer available. 2. The agency agrees to provide the landlord with a list of names and contact information for all agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized agency representative. 3. The landlord agrees to provide agency with contact information for authorized CHS representative to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The landlord agrees to provide agency with copy of all leases and modifications or amendments for each eligible ESG program participant. 5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG program participant and as long as the grantor agency and/or regulation does not prohibit payment. 6. The landlord assures that no household receiving ESG 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 agency 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 assistance is received will not be discriminated against. 8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term and medium-term rental assistance,are to be paid with ESG funds. 9. The landlord understand that only costs of Short-term and medium-term rental assistance in accordance with the terms of the ESG program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG funds. 10. The landlord understand that the ESG benefit amount must pay for the complete charges owed by the ESG program participant and that acceptance of ESG benefit will be deemed as Page 1 of 3 160 1 Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 11. The landlord agrees to assist the agency in verifying the ESG 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 agency with the following detailed ESG 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 agency agrees to provide payment to the landlord as follows: (a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency within 60 days from the date of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG 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 funds. (d) Agency's promise to pay can only be issued after ESG participant has been certified as Eligible under the ESG program. 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, the funds will be returned to the agency. 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 agency 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. Agency 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. 17. Landlord is not the agent of agency and this agreement does not create any relationship between agency and any lender to landlord or suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. Page2of3 16 0 1 18. 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 agency, or landlord under this Rental Assistance Agreement. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. AGENCY LANDLORD Collier County Government Eden Gardens II, LLC Community and Human Services Post Office Box 343529 3339 Tamiami Trail East, Su 211 Florida City, FL 33034 Naples i L 34112 BY: / BY: DO A FIALA , Chairman 1�! 'erson to Sign Date: 4 / Le \'t(p Date: 4 /Q.Cp )I C ATTEST:' Approved as to form and legality DWIGHT E.l B •CIC,ga Ey: r Assiist County Attoilft Attest as to Chairman's signature only. Page 3 of 3 0 16 0 1 EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Commissioners, hereinafter referred to as the "agency", Eden Gardens Apartments Limited Partnership, Post Office Box 343529, Florida City, FL 33034 (305) 242-2142 hereinafter referred to as the "landlord". The undersigned landlord hereby agrees to the following conditions in order to receive landlord payments from the agency under the Emergency Solutions Grant Program (ESG): 1. This agreement shall begin on April 26, 2016 and shall end upon 30-days written notification from either party to the other, or if funding for this program is no longer available. 2. The agency agrees to provide the landlord with a list of names and contact information for all agency personnel authorized to commit ESG funds. The landlord will only accept payment commitment from authorized agency personnel. Changes (addition/deletions) to the authorized personnel list must be approved in writing by an authorized agency representative. 3. The landlord agrees to provide agency with contact information for authorized CHS representative to resolve a crisis and/or apply benefit commitment on the client's behalf. 4. The landlord agrees to provide agency with copy of all leases and modifications or amendments for each eligible ESG program participant. 5. The agency agrees to provide payments directly to the landlord on behalf of the eligible ESG program participant and as long as the grantor agency and/or regulation does not prohibit payment. 6. The landlord assures that no household receiving ESG 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 agency 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 assistance is received will not be discriminated against. 8. The landlord understand that only eligible activities listed under 24 CFR 576.106, Short-term and medium-term rental assistance, are to be paid with ESG funds. 9. The landlord understand that only costs of Short-term and medium-term rental assistance in accordance with the terms of the ESG program are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with ESG funds. 10. The landlord understand that the ESG benefit amount must pay for the complete charges owed by the ESG program participant and that acceptance of ESG benefit will be deemed as Page 1 of 3 063 t 160 1 Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 11. The landlord agrees to assist the agency in verifying the ESG 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 agency with the following detailed ESG 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 agency agrees to provide payment to the landlord as follows: (a) Rental Arrears, Application Fees and/or Deposits: will be dispersed by the agency within 60 days from the date of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) Ongoing rental assistance: will be disbursed by the agency for eligible ESG 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 funds. (d) Agency's promise to pay can only be issued after ESG participant has been certified as Eligible under the ESG program. 13. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an ESG payment to the landlord cannot be applied to a ESG program participant's account, the funds will be returned to the agency. 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 agency 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. Agency 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. 17. Landlord is not the agent of agency and this agreement does not create any relationship between agency and any lender to landlord or suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. Page 2 of 3 16 0 1 18. 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 agency, or landlord under this Rental Assistance Agreement. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. AGENCY LANDLORD Collier County Government Eden Gardens Apartments Limited Partnership Community and Human Services Post Office Box 343529 3339 Tamiami Trail East, Su 211 Florida City, FL 33034 Naples, L 34112 j • BY: BY: i_ J1 — --- Dp , hairman :uthorize e . s 4 n to Sign dio c,-1---eve 1 fIk ) °tuner Date: 4 t(, it co Date: 4 / .(4J)(, i i 1 , :y ATTEST: DWIG +T E. � Glork Approved as to form and legality A istant County rney „4,Attest as to Chairman's ( signature only. ,\' Page 3 of 3