Loading...
Agenda 09/08/2015 Item #16D119/8/2015 16. D.11. EXECUTIVE SUMMARY 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 -2014 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: - Harmony Shores MHP, LLC - David W. Huntington (private landlord SS# xxx -xx -0177) - Dwight Olson (private landlord SS# xxx -xx -5441) - Immokalee Non - Profit Housing, Ltd. - Timber Ridge of Immokalee, Limited Partnership If this item is approved, the attached standard Landlord Payment Agreement will be forwarded to the Chainnan for signature. Due to the need to receive Board approval on the Landlord Agreements, some of these named landlords have tenants with assistance periods prior to the date of the Board approval of the Landlord agreements. This will not affect the ability to make payment. FISCAL IMPACT: 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) projects 33291 and 33366. Payments beyond 60 days will require interest to be paid from Collier County's General Fund (001). LEGAL CONSIDERATIONS: 24 CFR 576. 106(c) requires that rental payments may only be made to an owner with whom the recipient has entered into a rental assistance agreement. This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. Packet Page -1648- 9/8/2015 16. D.11. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute Landlord Payment Agreements with the five 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: Louise Pelletier, Manager of Social Services & Senior Programs, Community and Human Services Department Attachments: 1. Harmony Shores Agreement 2. Huntington Agreement 3. Olson Agreement 4. Immokalee Non - Profit Housing Ltd 5. Timber Ridge of Immokalee Packet Page -1649- 9/8/2015 16. D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to authorize the Chairman to execute five Landlord Payment Agreements allowing the County to administer the Rapid Re- Housing and Homeless Prevention Program through the County's Emergency Solutions Grant Program. Meeting Date: 9/8/2015 Prepared By Approved By Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 8/17/2015 1:58:58 PM Name: MesaNancy Title: Accountant, Public Services Department Date: 8/17/2015 2:11:10 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 8/17/2015 3:09:22 PM Name: Bendisa Marku Title: Supervisor - Accounting, Public Services Department Date: 8/17/2015 5:41:48 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 8/21/2015 8:27:31 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 8/21/2015 4:38:12 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Packet Page -1650- Date: 8/24/2015 5:01:44 PM Name: RobinsonErica 9/8/2015 16. D.11. Title: Accountant, Senior, Grants Management Office Date: 8/25/2015 2:00:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/25/2015 2:13:01 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 8/28/2015 1:58:46 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/28/2015 2:37:38 PM Packet Page -1651- 9/8/2015 16. D.11. 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 ", Harmony Shores MHP, LLC, 62 Mango Drive, Naples, FL 34112, 239- 775 -3801, 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 July 7, 2015 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 Page 1 of 4 Packet Page -1652- 9/8/2015 16. D.11. 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 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: zn (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 Page 2 of 4 r-- Packet Page -1653- C!_911 9/8/2015 16. D.11. 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: lzttp ,`sunbiz,org /search.htin1. The landlord's name must also be verified against the System for Award Management website at 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. 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. Page 3 of 4 Packet Page -1654- `-` 9/8/2015 16. D.11. 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 Community and Human Services 3.339 Tamiami Trail East, Su 21.1 Naples, FL 34112 i Date: Tian Nance, Chairman tai {. =ig r= l E. qP,0CK, Clark M Harmony Shores MHP, LLC 62 Mango Drive Naples, FL 34112 J ' Ray and C. Perrine Date:,'�y' Approved as to form and legality !assistant County Attorney Page 4 of 4 y �� Packet Page -1655- 9/8/2015 16. D.11. EMERGENCY SOLUTIONS GRANT LANDLORD PAYMENT AGREEMENT FOR TENANT BASED RENTAL ASSISTANCE THIS AGREEMENT is entered into between Collier County Board of County Cormrussioners, hereinafter referred to as the "agency ", David W. Huntington, 4313 Kenwood Ave., Baltimore, MD 21206 - 2014, 410- 866 -3015, 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 July 7, 2015 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. 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. 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 Packet Page -1656 - �J 9/8/2015 16.D.1 1. I,Nl1 l(}(t , .1�' Fli( lt i:?ylrt.li;; :c ! (pile; to landfor(I < ?s Cl ICrIll( of ilrc° ESC; paylnerlt. 11. '!"he, landlord agree:, to asslst ih(',, apelley in verlfynlf; the proU'at1i particip:)71 "It S in('61'1-rim'lon and to iYlatL!' ill -holy collimitrilt:'ll.ts to re'olvc any t ^..1');1S !.,Jluatlorl. llhpert io thl'. I'll 'id, lord s privacy regmremen(s, tlic landlord agrees to provide the t:lgcncli with tine followilip detailed ESG program parliclpant infollnation: (1) current amount owed (broken down by month) (2) clue date /eviction dates .in fbi-mal evictiol:r notice / 3-day notice and (3) arrmuut neces,,;iary to rosolve_, the , ilua'tlotl. 12. In accordance with the Florida l.,ocal Government Prompt Payment: Pict., the agency gp-ees to provide payment to the landlord as follows (a) Rental Arrears, Ayplication lees and /or Deposits: will be dispersed by the agency within 60 days from the dale of the agency's approval of the program participant's eligibility if the rental assistance is a valid ESG program expenditure. (b) moo, ing 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 appiied 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: . The landlord's name must also be verified against the System for Award Management website at The agency agrees to maintain documentation of verification that the business name of the landlord on this agreement is the salve 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. Page 2 of 3 Packet Page -1657- 9/8/2015 16. D.11. 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. 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 M Date: Tim Nance, Chairman Approved as to form and legality /ks I _11; County Attomey Page 3 of 3 LANDLORD David W. Huntington 4313 Kenwood Ave. Baltimore, 1\41) 21206-2014 BY: David W. Huntington Date: Packet Page -1658- 11%7TEST. DWiGHT E� SP400K, Mer�, r 9/8/2015 16. D.11. 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 ", Dwight OIson, 8776 Hideaway Harbor Court, Naples FL 34120, (239) 398 -4590 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 July 7, 2015 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. 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. 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 continence 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. 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 Packet Page - 1659 -ti, 9/8/2015 16. D.11. 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 :Irs Lin biz.ora.'search.html. The landlord's name must also be verified against the System for Award Management website at hrip:i,'�� -%yx .sai:n. ) 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. Page 2 of 3 Packet Page -1660- 9/8/2015 16. D.11. 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. 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 Taini.ami Trail East, Su 211 Naples, FL 34112 BY: Date: Tim Nance, Chairman Approved as to form and iegality 1, antt CotbnN Aaorrlcy `—J I 5 LANDLORD Dwight Olson 8776 Hideaway Harbor Court Naples FL 34f2 / j Dwight Date: j.. Page 3 of 3 Packet Page -1661- C, T. L.h ..I`i" E. DR-E 00 K, w+Ee r`r: 9/8/2015 16. D.11. 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 ", Immokalee Nan -Prorit Housing, Ltd, 2449 Sanders Pines Circle Immokalee, FL 34142, 239- 657 -8333, 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 September 8, 2015 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 USG 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 Packet Page - 1662 -, 9/8/2015 16. D.11. Landlord's acknowledgement and acceptance has become current on any and all payments due to landlord as a result of the ESG payment. 1 1. 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). (e) Payments beyond 60 clays 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. i 3. This Landlord Agreement will be signed by agency, and landlord's authorized representative. Documentation authorizing authority must be provided from landlord. 14. If an FSG payment to the landlord cannot be applied to a USG 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: The landlord's name must also be verified against the System for Award Management website at httD: / /wrvAv sam.1ov. The agent }; agrees to maintain documentation of verification that the business name of the Iandlord on this agreement is the same as the legal business name on the State of Florida Systern 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 faiiure to act in cormecdon with the implementation of this agreement or as a result of any other or failure to act by the landlord. Page 2 of 3 Packet Page -1663- 9/8/2015 16. D.11. 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. 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 Community and 1-1urnan Services 3339 Tamiami Trail East, Su 211 Naples, FL 34112 BY: BY: �- Tim Nance, Chairman yped or Printed Name u ttY� U Date: ------- - - - - -- -- Date: I r ---. Approved as to form and legality —Dt?Vv—��T E. BROOD,, Oiork, .-. Assistant County A ey Page 3 of 3 Packet Page -1664- 9/8/2015 16. D.11. 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 ", Timber Ridge of Immokalee, Limited Partnership, 2449 Sanders Pines Circle, Immokalee, FL 34142, 239 -657 -8333, 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 September 8, 2015 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. Page 1 of 3 Packet Page -1665- 0 9/8/2015 16.D. 11. Landlord's acknowledgement and acceptance has become current on any and all payments clue 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, A1212lication 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, thu funds will be returned to the a ene>'. 15. The landlord, with the exception, of municipal providers, Must be in "active" status with the State of Florida: htt The landlord's name must also be verified against the System for Award Management website at 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. Page 2 of 3 Packet Page -1666- 9/8/2015 16. D.11. 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. 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 BY: Date: Tim Nance, Chairman l�tt rrl . SROCK, Clerk LANDLORD BY: Typed or Printed Name 4�c -Yl Dale: __ 11 j � � _ i Page J of 3 Approved as to form and legality Packet Page -1667- Asst nt County wmey t r f