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Agenda 07/07/2015 Item #16D147/7/2015 16.D.14. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Landlord Payment Agreements, between 12 landlord /entities and the Collier County Board of Commissioners allowing the County to administer the Rapid Re- Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant Program. OBJECTIVE: To implement the Board approved action plan by providing rental assistance to individuals and families who are homeless or at risk of homelessness in Collier County. CONSIDERATIONS: Funding Approval Agreements issued by U.S. Department of Housing and Urban Development (HUD) and approved by the Board on June 24, 2014 fund Collier's Emergency Solutions Grant (ESG) program (Agenda item 16D8). The Funding Approval Agreements require grant funds to be used for homelessness prevention and recovery projects in accordance with 24 CFR 576. On March 24, 2015, Agenda Item 16.D.7., the Board of County Commissioners approved a substantial amendment to the FY2013 -201.4 and FY2014 -2015 U.S. Department of Housing and Urban Development Annual Action Plans authorizing Community and Human Services staff to administer a rental assistance program to prevent homelessness using Emergency Solutions Grant funds in the amount of $96,226 and approve necessary budget amendments (Agenda item 16D7). Community and Human Services (CHS) is requesting that the attached Landlord Payment Agreements be approved for use between the Board of Commissioners and each Landlord agreeing to participate in the program. The following is a list of Landlords that will be entering into a Landlord Payment Agreement: - Summer Lakes Apartments II, LLC - College Park Holdings, LTD - Tuscan Isle Community, LTD. - Naples Place 1, LLC - Gang - Woodruf Properties of Florida LLC - Pelican Bay Realty, Inc - Pheasant Properties LLC - Summer Lakes Apartments II, LLC - Stephen Cosgrove (private landlord SS# xxx -xx -7747) - Brittany Bay Partners II, LTD - Brittany Bay Partners, LTD - Saddlebrook Apartments ,LLC If this item is approved, the names of each of the aforementioned landlords /entities will be inserted into the standard Landlord Payment Agreement and forwarded to the Chairman for signature and execution. FISCAL IMPACT: There will be no fiscal impact from this proposal. Funds are available from the Emergency Solutions Grants program provided annually through HUD. Funds appropriated for rental assistance are requested via separate Board action within Housing Grant Fund (705). Payments will be provided to fund up to 3 months of short term rental assistance plus up to 6 months of rental arrearage; rental security deposits and last month's rent; and /or supportive costs such as, but not limited to rental application fees, utility deposits and arrearage, and housing stability case management in order to keep Packet Page -1838- 7/7/2015 16.D.14. individuals /families in housing and prevent eviction and /or homelessness. Payment to landlords must be issued within 60 days from the date of the agency's promise to pay for ESG eligible expenditures. Payments beyond 60 days will require interest to be paid from Collier County's General Fund. GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute Landlord Payment Agreements with the 12 referenced landlords /entities, between the Collier County Board of Commissioners, allowing the County to administer the Rapid Re- Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant. Prepared by: Gino Santabarbara, Grant Coordinator; Community and Human Services Department Attachments: 12 Landlord Payment Agreements Packet Page -1839- 7/7/2015 16.D.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.14. Item Summary: Recommendation to approve use and authorize Chairman execution of the attached standard form Landlord Payment Agreement, between the Collier County Board of Commissioners and each potential landlord allowing the County to administer the Rapid Re- Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant Program. Meeting Date: 7/7/2015 Prepared By Approved By Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 6/23/2015 2:09:23 PM Name: MesaNancy Title: Accountant, Public Services Department Date: 6/23/2015 2:12:55 PM Name: SantabarbaraGino Title: Grants Coordinator, Public Services Department Date: 6/23/2015 2:15:18 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 6/23/2015 2:25:15 PM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 6/23/2015 2:31:10 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 6/23/2015 2:35:19 PM Packet Page -1840- 7/7/2015 16.D.14. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/23/2015 3:53:00 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 6/25/2015 2:09:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/30/2015 10:36:02 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2015 10:44:17 AM Packet Page -1841- 7/7/2015 16.D.14. 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 ", (name of Landlord), (address), (phone), 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 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 a 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 any 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. Page 1 of 3 Packet Page -1842- y 7/7/2015 16.D.14. 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 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 action or failure to act by landlord. Page 2 of 3 a Packet Page -1843- 7/7/2015 16.D.14 117 . i..aridiGrd IS rive the agent of agency slid tl'iiS agreement dGcS riGt create arij' relationship between agency and any lender to landlord or any suppliers, employees, contractors or subcontractors used by landlord in connection with this agreement. 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 Collier County Government Community and Human Services 3339 Tamiami Trail East, Su 211 Naples, FL 34112 Tim Nance, Chairman Date: LANDLORD BY: Typed or Printed Name Date: Page 3 of 3 Packet Page -1844- SID