Backup Documents 07/08/2014 Item #17E I7ET. _
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COLLIER COUNTY FLORIDA �' y,,nnris �'
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • ,; •'=
To: Clerk to the Board: Please place the following as a: .r41/NA
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.)
Originating Dept/Div HHVS Person: Elly Soto McKuen Date: 6/16/14
Petition No. (If none,give brief description): Collier County Owner-Occupied Rehabilitation Program
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) July 8,2014(ad to run no later than
WEDNESDAY,June 25,2014)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,REPEALING
AND REPLACING ORDINANCE NO. 94-39, AS AMENDED, WHICH ADOPTED THE COLLIER COUNTY
RESIDENTIAL REHABILITATION PROGRAM, IN ORDER TO ADOPT A REVISED PROGRAM TO BE KNOWN AS
THE "COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM," PROVIDING FOR FUTURE
AMENDMENT OF THE PROGRAM BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO# Purchasing Card
Rev ie d by:/ �j 0 64(( /
,,,ajy?
Division Administrrat or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USE ON Y: f �,/
Date Received: I r N 11/ Date of Public hearing: 11c/ l Date Advertised: 4E I 2J 41
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i
Martha S. Vergara
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From: McKuen, Elly
Sent: Wednesday,June 18, 2014 3:56 PM
To: Martha S. Vergara
Cc: Grant, Kimberley; Sonntag, Kristi; Doria, Priscilla; Belpedio, Jennifer; Neet, Virginia
Subject: Permission to Advertise - Owner Occupied Ordinance
Attachments: Permission to Advertise - Owner Occupied Ordinance.pdf
Hey Martha,
Attached please find our request to publish an ad in the Naples Daily News on Wednesday,June 25, 2014 for a 10-day
period. The Permission to Advertise for the Owner Occupied Ordinance is on the 6/24 agenda.
I will place the original signed form in the interoffice mail for your files today. In addition, as we discussed earlier in the
week, we are happy to provide a purchasing card when you are ready to place the advertisement.
As always, if you have any questions or need more information, please do not hesitate to let me know. Thanks and have
a great afternoon. Elly
Elly Soto McKuen
Grant and Housing Coordinator
Collier County Housing, Human and Veteran Services
3339 East Tamiami Trail, Suite 211
Naples, FL 34112-5361
(239) 252-2664 Direct Line
(239) 252-3046 Fax
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ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
ORDINANCE NO. 94-39, AS AMENDED, WHICH ADOPTED TI-IE
COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM,
IN ORDER TO ADOPT A REVISED PROGRAM TO BE KNOWN AS
THE "COLLIER COUNTY OWNER-OCCUPIED REHABILITATION
PROGRAM," PROVIDING FOR FUTURE AMENDMENT OF THE
PROGRAM BY RESOLUTION OF TIIE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable
Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules
adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package for
state and local housing programs to better enable local governments to meet their responsibilities
for affordable housing in accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing
documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development
and maintenance of affordable housing; and
WHEREAS, Collier County has adopted by Resolution, as amended by Resolution, a
local Housing Assistance Plan, and which provides a maximum award schedule, a cost per unit,
and a maximum cost per unit for eligible housing benefitting from awards made pursuant to the
SHIP funds; and
WHEREAS, the County, by County Ordinance No. 94-39, adopted a residential
rehabilitation program consistent with the Local Housing Assistance Plan, which will utilize
various funding sources; and
WHEREAS, the Board desires to repeal and replace Ordinance No. 94-39, as
subsequently amended, in order to adopt a revised residential rehabilitation program, to be
known as the "Collier County Owner-Occupied Rehabilitation Program," attached hereto as
Attachment A; and
WHEREAS, the Board desires that future amendments to the new Owner-Occupied
Rehabilitation Program, as set forth in Attachment A, may be accomplished by Resolution of the
Board of County Commissioners.
Page 1 of 3
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF THE COLLIER COUNTY OWNER-OCCUPIED
REHABILITATION PROGRAM.
The Collier County Owner-Occupied Rehabilitation Program (Program) is hereby
adopted. A copy of said Program, including Program forms and other necessary forms and
contracts, is attached to this Ordinance and adopted and made a part of this Ordinance by
reference. The forms used in the implementation of the Program may be modified
administratively from time to time to conform to the requirements of the funding sources.
SECTION TWO: FUTURE AMENDMENTS TO THE PROGRAM.
Future amendments to the Program may be accomplished by Resolution of the Board of
County Commissioners.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Page 2 of 3
C�`
17E
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio \�
Assistant County Attorney (Q\\�`�
Page 3 of 3
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EXHIBIT A
OWNER-OCCUPIED REHABILITATION PROGRAM
Program Description.
The purpose of this policy is to establish administrative procedures and program guidelines for the SHIP
Owner-Occupied Rehabilitation Program. The program provides for repairs or improvements necessary for
safe or sanitary habitation, correction of substantial code violations or addition of handicapped accessible
items All units rehabilitated with the funds provided from the local housing assistance trust fund must be
occupied by very-low, low- or moderate income persons.
Loans are limited to a maximum amount as established in the applicable LHAP. NOTE: Special Exception:
The Director may obtain approval of the Board of County Commissioners on a case by case basis for subsidies
above the established levels to accommodate a special needs housing applicant or other situation in which it is
determined that the assistance is necessary and/or not evident at the time of bid.
Definitions.
Definitions referenced in the Ordinance shall be the same as those definitions set forth in Rule 67-37.002,
Florida Administrative Code.
Income data for the Naples Metropolitan Statistical Area are supplied by the U.S. Department of Housing and
Urban Development(HUD), and apply to all of Collier County. The definition for "annual income" is found in
24 CFR Subpart F of Part 5.
Administration.
1) This program shall be administered by the Collier County Housing, Human and Veteran Services
Department (HHVS), or its representative/designee,hereinafter referred to as "Department."
2) The Department shall be responsible for:
a) Identifying potential homeowners.
i) Potential participants for the program will be identified through the following activities:
ii) In accordance with Section 420.9075(4)(b), Florida Statutes, if the Department has a waitlist, the
participants will be contacted in the order they were placed on the waitlist. In the absence of a
waitlist, the Department will advertise in a newspaper of general circulation and periodicals
serving ethic and diverse neighborhoods announcing the program and the availability of funds
for rehabilitation services.
iii) The Department will contact local non-profit, community-based organizations in the county
through outreach activities to locate potential program participants.
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EXHIBIT A
iv) Chapter 420.9071, Florida Statutes,as amended from time to time, defines community-based
organization as "...a non-profit organization that has among its purposes the provision of
affordable housing to persons who have special needs or very low-income persons,low-income
persons, or moderate-income persons within a designated area,which may include a
municipality, a county, or more than one municipality or county,. A community housing
development organization established pursuant to 24 CFR, Part 92.2 and a community
development corporation created pursuant to F.S. Ch. 290, arc examples of community-based
organizations."
v) The Collier County Code Enforcement Department can refer potential clients that have been
cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended,to the
Department. The Department will determine the individual/family interest in participating in the
program and whether the potential participant is income eligible to participate in the program,
pursuant to the requirements set forth below.
vi) The homeowner(s) will be accepted on a first come,first served, first qualified basis.
b) Determine homeowner eligibility.
i) All homeowners in this program must have fee simple ownership of the owner-occupied
dwelling unit for which residential rehabilitation services are requested.
ii) Where there are co-owners for a property, each co-owner is required to participate in the
application process,the income eligibility determination process which includes household
income and asset certification and third party verification, and the secondary mortgage/lien
application and closing process.
iii) Accepting and processing applications for rehabilitation services:
iv) All potential homeowners must complete the program application
v) The application form shall be used to document the general information regarding the potential
homeowner which will include, but not be limited to,ownership status,number of residents
living in the housing unit, previous residences,employment history, and all financial assets
owned by the households.
vi) The application must be signed by all parties with an ownership interest in the property.
vii)The application for housing assistance shall be maintained as part of the permanent program file
for each homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
viii) All potential homeowners must sign the "Income Certification."
ix) htcome certification. This form is required documentation for any program utilizing the monies
as a funding source. Information contained herein relates to anticipated household income,
assets, and household data. A copy of the income certification form will be maintained in the
borrower's permanent file.
x) Documentation of income sources for each household resident or other immediate family
member over 18 years of age must be provided for the last 12-month period preceding the date of
the application. Household income may not exceed 120%of the area median income as adjusted
to family size and published annually by FIUD/FlIFC,
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EXHIBIT A
xi) Adequate documentation may include, but not be limited to, the most recent year's federal
income tax return.
xii)Failure to disclose and report all sources of household and family income during this process will
result in disqualification for a residential rehabilitation loan.
xiii) The income certification shall be maintained as part of the permanent program file for
each homeowner making application to the Collier County Owner Occupied Rehabilitation
Program.
xiv) For purposes of this program, assets shall include, but not be limited to, real property
other than the property to be rehabilitated under this program, savings, stocks, bonds and other
forms of capital investment,excluding interests in Indian trust land and equity in a housing
cooperative unit.
c) Accept and Process Applications.
i) All homeowners must provide adequate information so that a current "third-party verification of
employment form" can be completed in a timely manner by their employer.
ii) All household members 18 years and older must complete and sign the form's authorization
portion (if applicable), Homeowners must provide their employer's name, address, phone number
and contact information.
iii) Employer is requested to complete the third party verification of employment information form,
and sign the document, and return the document by mail or fax to the Department. If not
supplied after reasonable attempts, alternative documentation is allowed.
iv) Applications will not be considered complete until the verification of employment form has been
signed and delivered to the Department.
v) Third party verification of employment information forms returned to the Department by
potential participants will not be accepted for use in the program.
vi) The third party verification of employment form shall be maintained as part of the permanent
program file for each homeowner making application to the Collier County Owner-Occupied
Rehabilitation Program.
vii)Where a homeowner or household member 18 years and older is unemployed at the time that
application is made to participate in the Collier County Owner-Occupied Rehabilitation Program,
the form entitled "unemployed affidavit" shall be completed, signed, and notarized by the
household member.
(1) If a homeowner becomes employed during the course of the program application or during
the rehabilitation phase if after the 120th day of income certification process,the homeowner
must report said employment to the Department within 30 days of gaining employment,
excluding holidays and weekends, and complete a new third party verification of
employment form,referred to above.
(2) The unemployed affidavit shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
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EXHIBIT A
viii) If homeowners or any member of the household is receiving any form of public
assistance, the form entitled "third party verification of benefits" must be completed as part of
the application process.
ix) The total amount of public assistance that is provided to each individual residing in the
household must be documented on the third-party verification of benefits form.
x) The "verification of benefits" form must include all sources of public assistance funds for all
household members.
xi) The verification of benefits form shall be maintained as part of the permanent program file for
each homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
xii)Other verification forms may be developed and used from time to time by the Department in the
course of the program in order to obtain third party verification of all sources of income and
verification of all assets claimed by an applicant or other household resident and/or member
making application to the program, to include, Social Security,Unemployment Benefits,Veteran
Benefits, Worker's Compensation, State and Private Retirement Benefits, annuities, disability or
death benefits, and severance payments.
xiii) Refusal by a homeowner to provide information to the Department regarding sources for
third party verifications for income and assets shall be considered sufficient grounds for a
negative determination of program eligibility.
3) Applicant eligibility determination.
a) The Department will maintain a program file for each homeowner that will contain all related
homeowner applications,verifications,references,credit histories, and other related documents.
b) Homeowners must have made at least 12 monthly consecutive mortgage payments on their current
homestead property immediately prior to the application date to qualify under this program,also,
there can be no more than one delinquency in this 12 month period.
c) Each homeowner and household member 18 years and older must sign an "authorization for the
release of information" form.
i) Use of this form is restricted to the Department, its grantors,or a participating local financial
institution, as required and permitted by law.
ii) The authorization for the release of information form shall be maintained as part of the
permanent program file for each homeowner making application to the Collier County Owner-
Occupied Rehabilitation Program.
d) Homeowner eligibility determination shall include verification of homeowners ownership of the
property to be rehabilitated and disclosure of mortgages to Iending institutions.
i) Where applicant homeowner owns title to the property to be rehabilitated, homeowner shall
provide a copy of the property deed to the Department. The home may not have a restriction or
encumbrance that would impair the good and marketable nature of title to the ownership interest.
County property taxes and assessments must be current.
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EXHIBIT A
(1) The Department or homeowner will obtain a copy of the deed by which homeowner acquired
title of the property to be rehabilitated from the public records of Collier County.
(2) Where no such public record exists, it shall be contingent upon the homeowner to
demonstrate ownership of the property for which application is being made.
ii) All homeowners must provide adequate information so that the "verification of mortgage or deed
of trust" form can be completed by any lending institution holding a note on the property to be
rehabilitated.
iii) Homeowner information must include the name and address of any lending institution holding a
note on the property to be rehabilitated.
iv) If no lending institution holds a mortgage, homeowner must designate such information on,the
verification of mortgage or deed of trust form.
v) If applicable, the lending institution must provide mortgage information,and return the signed
document to the Department.
vi) The verification of mortgage or deed of trust will be maintained as part of the permanent
program file for each homeowner making application to the Collier County Owner-Occupied
Rehabilitation Program.
e) Ilomeowner(s) will not be eligible for assistance when, during the previous three(3) years prior to
the date of application:
i) Previous principal residence or other real property was foreclosed; or
ii) Given a deed-in-lieu of foreclosures; or
iii) Filed Chapter 7 bankruptcy(liquidation);or
iv) Filed Chapter 13 bankruptcy; or
v) Presently delinquent on a federal tax liability;or
vi) Presently delinquent on Collier County property taxes
f) The property may have the following liens and still remain eligible for assistance:
i) A code enforcement lien that has been abated or that will be abated through the use of
rehabilitation funds.
ii) A down payment assistance lien
iii) An affordable housing density bonus agreement
iv) Impact fee deferrals
(1) Note: This listing is not meant to be all-inclusive of all possible types of liens. The
Department will proceed with awards, unless the prohibitions noted above have been
violated.
g) The properties assisted through the Owner-Occupied Rehabilitation Program must have a
homestead exemption through the Collier County Property Appraiser's Office.
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EXHIBIT A
i) Each homeowner shall be sent a letter from the Department notifying them whether they meet
the minimum eligibility criteria established herein.
ii) In cases where a homeowner is determined to be ineligible,the reasons for this determination
shall be set forth in the notification letter to the participant(s).
(1) Any such negative determination of eligibility shall be mailed to the homeowner within
thirty days from such determination.
(2) Homeowners who have been determined to be ineligible shall be given the opportunity to
correct or explain in greater detail any information that resulted in,or affected the negative
eligibility determination made by the Department.
(3) The Department director or his/her designee shall have the authority to make a final
determination regarding a homeowner's compliance with the requirements for third party
verification.
(4) The Department director or his/her designee shall have the final decision-making authority
regarding a determination of eligibility or non-eligibility for participation in the Collier
County Owner Occupied Rehabilitation Program.
(5) Such determination shall be kept as a permanent part of the homeowner's program file.
h) Determination of corrective actions may be conducted prior to an applicant's receiving a final
determination of eligibility from Department.
i) Refusal by a homeowner to provide information to the Department regarding sources of income and
assets shall be considered sufficient grounds for a negative determination of program eligibility.
Homeowner Contractual Relationship with County
1) Prior to construction beginning, the homeowner(s)must execute a second mortgage and promissory note for
the maximum amount of assistance which will be modified after final completion of work to unit to reflect
the actual amount of funds expended.
a) The secondary mortgage must be executed on the second mortgage document or on a substantially
similar document that has been approved by the Collier County Attorney Office.
b) Lenders may include,but not be limited to, Collier County Board of County Commissioners or any
registered financial institution operating under the Laws of Florida in Collier County, Florida.
c) The promissory note and the second mortgage shall set forth the obligations of the borrower(s),
lender(s),mortgagor(s), and mortgagee(s) as approved by the County Attorney's Office.
d) Mortgage dollar amount(s) shall be limited by and shall not exceed:
i) Program guidelines as established by program grantors;
ii) Bids for rehabilitation services as submitted by participating contractors.
e) The second mortgage shall be recorded with the office of the Collier County Clerk of Courts upon
closing of the rehabilitation loan with the Department and the homeowner.
f) Upon closing,the Department will cover the costs of recordation of the mortgage instrument with the
Collier County Clerk of Courts and documentary stamp tax.
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EXHIBIT A
g) No final payment or disbursement of loan funds will be made or processed for the contractor until the
Department receives a certified copy of the recorded second mortgage document.
h) A copy of the second mortgage shall be maintained as part of the permanent program file for each
homeowner(s)making application to the Collier County Owner Occupied Rehabilitation Program.
2) Homeowner(s)is/are responsible for reporting any change of income to the Department within 30 days of
any change so that closing of an owner occupied rehabilitation loan is not unduly delayed.
a) Changes in individual, household, and/or family income shall require that "applicant income
certification"be completed and recertified by homeowner(s). The Department shall verify all income
certification and re-certifications using criteria established by the Department and as may be amended
from time to time to reflect current loan and qualification standards.
3) Third party verification shall be completed prior to closing an owner occupied rehabilitation loan and
executing the second mortgage and the promissory note.
4) Based on funding availability, certification of income and property eligibility, clients will be issued an
award letter. The letter, at a minimum, will state the amount of the assistance,the terms of the assistance
and contact information for Department staff and/or County representative/designee.
5) A copy of the promissory note shall he maintained as part of the permanent program file for each
homeowner accepting funds for the Collier County Owner Occupied Rehabilitation Program.
6) Ilomeowner(s) must execute the Owner Occupied rehabilitation program performance program document.
7) The performance agreement sets forth the obligations of the homeowner with regard to the facts and
purposes of the program which includes, but is not limited to:
a) That homeowner understands the conditions of the loan, including program guidelines,rules, and
restrictions;
b) That benefits are not transferable;
e) That eligible dwelling units be occupied by the homeowner prior to and after completion of
rehabilitation work to the dwelling unit;
d) That the eligible dwelling unit must comply with the requirements of the Florida Building Code;
e) No homeowner, co-owner or relative of an owner or co-owner shall serve as a contractor or sub-
contractor for the rehabilitation of the subject property,nor shall an owner, co-owner,or relative receive
any compensation for their labor with any program finds:
f) A relative of a homeowner or co-owner shall be defined in this instance as an immediate family member
to include mother, father, brother, sister, aunt, uncle, and cousin or a family member by marriage, to
include mother-in-law, father-in-law, brother-in-law,and sister-in-law.
g) That all work performed by a contractor will be in accordance with the inspection report prepared by
Collier County and/or its representative/designee and that no changes to hid work will be paid for with
loan funds where there has not been express written prior approval by the Department director or his/her
designee on the form entitled "Owner Occupied Rehabilitation Program Change Order."
h) That access to the property and dwelling unit will be provided to County and/or its
representative/designee conducting inspections to determine interim progress and/or completion of work
for any or all rehabilitation work performed with funds from this program.
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EXHIBIT A
i) That contractor is responsible for acquiring any and all permits and approvals to perform work under
this program and must provide evidence of permits where requested,by County and/or its
representative/designee, including but not limited to inspectors.
j) That payment for any work performed prior to execution of the second mortgage,promissory note, or
other approved instrument,including but not limited to, an official notice to proceed, shall not be the
responsibility of the County
k) Liability for payment for any work performed by the contractor which does not conform to the work
write-up where express written approval has not been given by the Department shall be the sole
responsibility of contractor.
1) Funds will be secured with a recorded fifteen (15), zero interest, deferred subordinate mortgage as
further identified in the SHIP LHAP on the property in the amount of the subsidy used in the project. If
all conditions of the loan arc met, one-third of the loan will be forgiven in five year increments so that at
the end of the fifteenth year the loan is forgiven. Monthly payments are not required.
m) That the homeowner shall occupy the rehabilitated residential unit as the primary residence until a
satisfaction of mortgage for a period of 15 years or the terms of the second mortgage has been fulfilled,
whichever comes first. If the homeowner does not fulfill the obligations identified,they shall he in
default of this performance agreement,the required second mortgage, and the promissory note and
repayment of the balance of the second mortgage shall become due and payable immediately.
n) That the maximum amount of the loan shall be the actual amount paid to the contractor,or$30,000.00,
whichever is less. The Department director may obtain approval of the Board of County Commissioners
on a case by case basis for subsidies above the established levels to accommodate a special needs
housing applicant or other situation in which it is determined that the assistance is necessary and/or not
evident at time of bid.
8) Historically Significant Properties:
a) Improvements must he consistent with those approved by the Florida Department of State in accordance
with the most current revision of"Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitation of Historic Buildings," and
b) Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance,
Ordinance No. 91-70.
Determination of Rehabilitation Needed.
1) County and/or Representative/Designee Initial Inspection and Initial Work Write-Up.
a) Collier County and/or its representative/designee will conduct and complete the initial inspection of a
dwelling unit under this program no later than 30 days of notification of a homeowner's eligibility in the
Collier County Owner-Occupied Rehabilitation Program by the Department. Should additional time be
needed to initiate the inspection,documentation must be included in the file justifying the waiver of
time.
i) Initial inspection will determine any deficiencies.
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EXHIBITA / 7kc
....
ii) Collier County and/or its representative/designee will document the results of the initial inspection
on an inspection form.
iii) The inspection report shall be maintained as part of the permanent program file for each homeowner
making application to the Collier County Owner-Occupied Rehabilitation Program.
iv) Collier County will,at its' option, obtain an independent validation of the inspection,work scope
and prioritization to include an independent cost analysis, and then shall identify and prioritize the
rehabilitation scope on the "inspection report" completed for each dwelling unit so that rehabilitation
services can be directed at elimination of any pressing and immediate safety and/or health concern.
This will be referred to as the basis for the bid specifications; or work write-up.
v) Health and safety housing code violations shall be given priority by the County and/or
representative/designee over any cosmetic rehabilitation work during inspection, bid preparation,
and provision of rehabilitation services.
vi) It shall be the responsibility of the County and/or its representative/designee to determine and
prioritize rehabilitation services beyond immediate health and/or safety concerns which are
identified and prioritized by the inspection. The County may seek an independent validation of the
need and cost for any such items.
h) Bid specification development.
i) County and/or its representative/designee shall develop a work write up and specifications for the
project that details the quality and quantity of material to be installed in the property. The work write
up will provide details of how the work is to be preformed,quality of products to be installed and
installation methods.
ii) The County and/or its representative/designee shall develop a cost estimate for the project. The
County may seek an independent validation of the cost estimates prepared by the
representative/designee. The work write-up and cost estimates will be submitted to the County
and/or its representative/designee for review and approval prior to the project sent out to bid.
iii) Any such rehabilitation work that may go beyond the minimum requirements of the Florida Building
Code shall be documented and noted on the work write-up form by the inspector.
iv) The completed Collier County Owner-Occupied Rehabilitation Program bid specifications will serve
as the basis for bids from contractors which will address documented housing code deficiencies of
the eligible dwelling unit and any other work that may need to be completed to protect the health and
safety of residents and/or the integrity of the dwelling unit.
c) The contractor shall document estimated material requirements and unit labor
i) Costs for installation of materials on the bid specification document.
ii) Once approved by the County, a copy of the signed, completed bid specs will be provided to the
homeowner within a reasonable period of time after the completion of the inspection. The
homeowner will sign the bid specification document as an indication of awareness.
9
u 0
1
17€
EXHIBIT A
d) If the County is operating the program through a representative or designee, the County will issue a
Notice to Proceed to that entity when all approvals have been obtained on the bid specification
document,to allow the bid process to proceed.
e) Bid Process
i) The County and/or its representative/designee will solicit bids proposal from local contractors for
any upcoming projects. This solicitation will include the date, time and location of the mandatory
contractor walk-through meeting for each project.
ii) The Bid Proposal will list, in detail, all specifications of materials to be used and the scope of work
to he performed. This will ensure that contractors are bidding based on the use of similar or like
materials and scope of work.
iii) A Mandatory Walk-Through Meeting will be held to view the property, ask questions and discuss
project details with the homeowner(s)and the County and/or its representative/designee relating to
the scope of work in the bid documents.Changes, additions, deletions and refinement of work details
or the scope may be made during this walk through. This is the first opportunity for the Contractor to
view the property. The walk-through will start promptly at the time specified. Contractors may not
begin to inspect the home or construction site before the County and/or its representative/designee
arrives and the walk-through officially starts. Contractors are required to sign in the official
attendance sheet. Contractors who do not sign the official attendance sheet will not be eligible for
bid selection on the project. Changes to bid specifications will be reviewed at the end of the walk-
through to ensure all Contractors arc aware of any changes discussed during the walk-through. If
changes are made to the original bid specification, Contractors will receive revised bid documents
via electronic mail prior to the bid opening date. Contractors must use the bid work write up form
provided in the bid documents to submit the bid. Once the work is awarded, no changes may be
made to the work write-up except in the event of unforeseen circumstances as determined by the
County and/or its representative/designee or unless a change in the scope of work is required by the
County Building Department. Failure to bid according to the final bid specifications may be just
cause for disqualification of the Contractor's bid.
iv) The Bid Submittal must be submitted on the official bid specification document form provided in the
bid documents. Each Contractor shall provide line item prices for each item specified on the work
write-up and overhead should be added at the end.
v) All prices on the bid specification document must be written in ink. Signatures must also be in ink. If
a mistake is made on the bid,the change must be initialed by the Contractor prior to submitting the
bid. It is the contractor's responsibility to remain informed regarding permit fees, impact fees,
material costs and other requirements that might increase the cost of work. Once a bid is submitted,
the Contractor is bound to the price that is stated on the submitted proposal.
vi) For model or materials not specified,prices should match the home's existing models and materials
in quality and style. If a specific model is specified,the Contractor will be expected to install that
model or product number. A Contractor cannot deviate from the product specified without written
10
CD •
l I
E
EXHIBIT A
authorization from the County and/or its representative/designee. All questions related to the job
specifications must be cleared prior to submission of bid by contacting the County and/or its
representative/designee.
vii)All bids must be in a sealed envelope. The Contractor/Bidder's name and the bid number must be
clearly written on the front of the sealed envelope. Completed bids must be delivered to the County
and/or its representative/designee on or before the scheduled bid date and specified time. Late bid
responses will not be accepted.
Contractor selection.
Solicitation of contractors by County and/or its representative/designee.
1) The County and/or its representative/designee will solicit bids from contractors and/or subcontractors.
2) The County and/or its representative/designee will review the bids to ensure that all mandatory work is
included;that it conforms to program specifications and that the cost is reasonable for the project by
reviewing it against an independent cost estimate. Estimates that are unreasonable, inaccurate,contain
incorrect totals, are unsigned,or submitted in pencil may be rejected at the option of the County and/or
its representative/designee. The following criteria will be used to determine the winning bid:
a) The bid is the lowest responsible,responsive bid;
b) All required contractor paperwork and licenses
c) Current certificates of insurance with coverage for:
d) Current liability insurance;
e) Current workmen's compensation;
f) Current business auto liability.
3) The contractor is an independent contractor and shall not be deemed an agent, employee or partner of
the county. In addition, no owner,co-owner or relative of an owner or co-owner shall serve as a
contractor or sub-contractor for the rehabilitation of the subject property, nor shall an owner-, co-owner
or relative receive any compensation for their labor with program funds. A relative of a homeowner or
co-owner shall he defined in this instance as an immediate family member to include mother, father,
brother, sister,aunt,uncle and cousin or family member by marriage,to include mother-in-law, father-
in-law,brother-in-law and sister-in-law.
4) The County will approve the final selection, and issue a Notice to Proceed to the representative or
designee.
Administration of residential rehabilitation.
1) A copy of the bid document submitted by the entity who is awarded the contract for an individual dwelling
unit shall be provided to the Department and to the county clerk finance Department at time of
reimbursement request to ensure that payments made to contractors reflect costs included in the bid.
11
17E
EXHIBIT A
2) Notice to Proceed. Contractors are not authorized to begin construction until they receive a Notice to
Proceed from the Department and/or its representative/designee.The contractor will receive a Notice to
Proceed when:
a) The homeowner has executed and the Department has recorded the second mortgage and promissory
note.
b) The homeowner has signed a contract with Collier County or its designee/representative.
3) The official Notice to Proceed will be issued in a formal letter from the Department and/or
representative/designee
4) The contractor's award letter shall be maintained as part of the permanent program file for each homeowner
making application to the Collier County Owner Occupied Rehabilitation Program.
5) No payment or advance of loan funds will be made or processed for the program participant/homeowner or
the contractor until the Department receives a copy of the promissory note from the homeowner.
6) A copy of the promissory note shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Owner Occupied Rehabilitation Program.
7) Notice of Commencement.
a) Following the Notice to Proceed, a Notice of Commencement must be filed by contractor with the
Collier County Clerk prior to commencement of construction of the project pursuant to the requirements
of Chapter 713, Florida Statutes,for each dwelling unit receiving rehabilitation services under the
Collier County Owner-Occupied Rehabilitation Program.
b) A certified copy or affidavit attesting to the recorded Notice of Commencement must be posted at the
jobsite. The notice,at a minimum, should contain the following details: property owner, lender
information,jobsite address, contractors,etc. This document will protect the property owner's title to the
property.
c) Collier County Board of County Commissioners shall be named on the notice of commencement as
"lender."
d) The Department shall he named on the Notice of Commencement as "persons within the State of Florida
designated by owner upon whom notices or other documents may be served" as provided by F.S. §
713.13(1)(a)7.
1) Monitoring for rehabilitation/emergency home repair.
a) All work performed by contractor(s) and its subcontractor(s) shall be in accordance with:
i) The inspection report completed and submitted by Collier County and/or its representative/designee .
ii) Bid documents submitted by the contractor on the bid specification and any supplemental plans
submitted in conjunction with this form.
iii) All work performed by any contractor(s) and their subcontractor(s) must conform to the local and
state laws,including:
12
—)
17E
EXHIBIT A
(l) Florida Building Codes and Collier County 1-lousing Code, Ordinance No. 89-06, as amended;
and
(2) Collier County Residential Rehabilitation Standards, as amended
1) Required documentation for rehabilitation/emergency home repair. The following documents are required of
all eligible households for repair loans:
a) Rehabilitation/emergency home repair bid specification. All work that is to be performed must be listed
on this form detailing labor and material costs. This form must be delivered to a representative of the
Department prior to the commencement of any repair work. A signed copy will be provided to the owner
and to the finance Departments. Loans granted under this program, but are limited to a maximum of
$30,000.00 per household.
b) Final inspection. A copy of the signed final inspection will be maintained in the owner's permanent file.
A copy of the final inspection will be provided to the Department of finance, along with the final
payment request.
c) Promissory note.This note will be used specifically for the loans granted under the owner occupied
rehabilitation program. A copy of the note will be maintained in the owner's permanent file, and will
recorded within the County Clerk of the Courts files Department. The original, executed note will he
kept on file in the Department.
d) Second mortgage. The second mortgage will be used to secure the promissory Note and will be recorded
by the Clerk of the Circuit Court for Collier County. The original,recorded second mortgage will be
kept on file in the Department. Copies will also he made available to the owner. All fees associated with
the recording of this document will be paid by the Department.
e) Waiver of lien. Upon completion of the repair work,the contractor will be required to execute a waiver
of lien. The final payment will not he disbursed until the Department receives the waiver of lien, a
satisfactory inspection report and the itemized contractor's invoice.
Inspections) of rehabilitation work.
Interim inspections.
1) Contractors are responsible for arranging interim inspections with appropriate County or City Departments.
2) All work performed under the Collier County Owner Occupied Rehabilitation Program must conform to all
state,county, and/or city code requirements to be reimbursed under this program.
3) A scheduled inspection is required prior to receiving a draw request. The County and/or its
representative/designee will schedule an inspection after receiving and reviewing the request for payment.
No payment will be processed without completing a successful inspection with the County and/or its
representative/designee.
4) Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the
completed,signed inspection form will be provided to the Department within three working days of
completing each inspection.
5) Each inspection form shall be maintained as a permanent part of each homeowner's program file.
13
in
EXHIBIT A
Final inspections.
1) Contractors are responsible for arranging final inspections with appropriate County or City inspection
Departments.
2) Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the
completed, signed inspection form will be provided to the Department prior to the project's completion and
final inspection.
3) Each inspection form shall be maintained as a permanent part of each program participant's file.
4) The County and/or its representative/designee shall be vested with the authority to make a final
determination of conformance to code requirements for all code related rehabilitation work performed under
this program.
5) All rehabilitation work performed under the Collier County Owner Occupied Rehabilitation Program must
conform to the requirements of the Collier County Department Rehabilitation Standards as amended if
applicable,as well as general industry work quality standards for such work, in order to pass inspection(s)
and be reimbursed under this program,
6) The Department director or his/her designee shall be vested with the authority to make a final determination
of work completeness and work quality in the event that there is disagreement among any of the parties.
7) Such inspections may address, but are not limited to:
a) Inspections prior to mediation between the homeowner and contractor, when needed;
b) Inspections to determine extent of work progress prior to approval for final payment to contractor;
c) Inspection to determine if all receipted,purchased materials have been installed;
d) Inspection to obtain homeowner final sign-off and approval for final payment to contractor.
Method of payment for rehabilitation work performed.
Performance bonds.
1) No performance bond shall be required to be posted by a contractor selected under this program.
Change Orders.
1) No alteration of materials or labor described in the original work order shall take place unless in writing and
mutually agreed to by the County and/or its representative/designee. All changes must be submitted on a
Change Order Form signed and dated by the County and/or its representative/designee. Any such changes
are subject to the terms of the contract. Contractors must provide before and after pictures of the work
associated and a price cost analysis prepared with change order request. Change orders must be submitted
and approved prior to the final draw request and will only be considered in the case of circumstances
unforeseen at the time of the walk-through or for additional work requested by the Building Department,
The County and/or its representative/designee reserve the right to deny any change order request.
Method of payment for work performed.
14
l �
a
17E
EXHIBIT A
1) Upon final inspection,the transfer of all warranties to the homeowner,releases, as identified by the County
and/or its representative/designee, the follow process shall be followed:
a) One -time payment for services.
i) Contractor submits a final invoice to the Department and/or its representative/designee when all the
work is completed.
ii) Payment to contractor is contingent on submission of the final inspection report by the County
and/or its representative/designee to the Department and final inspection by appropriate personnel,
and must be accompanied by:
(1) Affidavit from contractor stating that subcontractors and material suppliers have been paid for
the particular job for which the contractor is submitting a request for payment to Collier County.
(2) Final inspections by the Department will not be conducted until such time that final, notarized
originals of waiver of lien have been submitted to Department for the contractor,
subcontractor(s) and material vendors performing rehabilitation work on the dwelling unit to be
inspected.
iii) In the alternative, upon submission of invoices or other documentation from contractor and a written
notarized statement from contractor that materials have been supplied and services rendered which
are satisfactory to contractor,payment shall be processed.
iv) Final inspection of all rehabilitation work shall be conducted by the Department and/or its
representative/designee and personnel from applicable county/city Departments
v) The homeowner(s), and the Department director or his/her designee complete and sign form entitled
"disbursement authorization."
vi) Collier County Clerk's Finance Department shall process payment to the County and/or its
representative/designee and other contractual agreements approved by the Board of County
Commissioners for the contract amount and for any additional work authorized and documented on
the change order by the Department director or his/her designee,
vii)Contractor is responsible for providing payment to any and all sub-contractors performing
rehabilitation work on dwelling units and property.
(b) Payment Reduction
i. In accordance with its project contracts, the County and/or its representative/designee reserve
the right to decline payment or reduce the amount of a draw to such an amount as is
necessary to protect the homeowner from loss or to recover the cost incurred to correct or
complete the specified work for reasons including, but not limited to:
a. Defective work not corrected
b. Third-party claims filed or with reasonable evidence indicating probably filing of
such claims
c. Failure of the contractor to make payments to subcontractors, laborers/workers or
material suppliers
d. The amount of work completed is not enough to constitute a draw
15
17E
EXHIBIT A
(c) Suspensions and Disqualifications
i) The County and/or its representative/designee may implement this section. Contractors may
be suspended or disqualified for any of the following reasons:
1) Self-imposed: A contractor may disqualify him/herself before contract signing for
conflicting work contracts or personal hardship
2) Lack of Participation: A contractor that does not participate or respond to an invitation to
bid within a twelve month period will be placed on Inactive status and will no longer be
sent bid information. Inactive contractors must reapply and be accepted in order to begin
receiving bids again.
3) Insurance Violations: If at any time a contractor fails to have required insurance,he/she
will be automatically suspended until proof of insurance is provided. The contractor must
have insurance at all times. Changes in coverage must be reported in writing to the
County and/or its representative/designee within live working days of such change,
including renewals.
4) Business License Violations: Any contractor who has a license suspended, revoked,
rejected or inactivated will be automatically disqualified. All license renewals must be
current and a copy provided to the County and/or its representative/designee
5) Failure to Honor Warranties: Any contractor who fails to honor a warranty from a
previous contract will be barred from future bidding for one year and must reimburse the
County and/or its representative/designee for the cost of any work performed by another
to correct the warranty work.
6) Default: If a contractor defaults or does not complete an assigned project,he/she will be
disqualified indefinitely from participating in County housing programs.
7) Willful Misconduct: Willful misconduct by contractor, employees or subcontractors
while engaged in a project will not be tolerated. The contractor may be disqualified from
the program for behavior such as, but not limited to,theft, lewd or lascivious acts, foul
language, public intoxication, and illegal drug use, willful destruction of the
homeowner's property or abusive behavior towards the homeowner or County staff.
8) Contractor Negligence: Failure to adhere to building codes,construction industry
standards,contract specifications and material requirements.
9) Payment Delinquency: Failure to pay subcontractor or material suppliers.
10)Kickbacks/Price Fixing: Accepting kickbacks or price fixing by or between contractors,
its employees, officers,owners,agents,partners,representatives or any other affiliates.
11)Brokerage of Work: Brokering work to another licensed or unlicensed contractor.
Anyone brokering work or receiving a brokered contract will be immediately suspended
and possibly be disqualified indefinitely from participating in any work program through
the County.
(d) Lien Waivers
i) The contractor shall protect, defend and indemnify the County and/or its
representative/designee and homeowner from all claims of unpaid work labor or materials.
16
17E
EXHIBIT A
The contractor must sign a Release of Lien prior to receiving any payments. This will be
required of the contractor at every draw request;not exceptions will be made. It is the
contractor's responsibility to obtain Release of Liens from its subcontractors,material
suppliers and any other affiliates associated with the project.
ii) Program participant files.
(1) Copies of every form and copies of all receipts used in the contractor payment process
shall be kept as a part of each individual homeowner's program file.
Disaster waiver.
1) In the event of a natural disaster, program guidelines regarding pre-qualification of participating
contractors may be waived by the Department in order to expedite needed repairs and improvement to
damaged properties, with the approval of the Department.
2) Any dollar expenditure cap in effect for any state or federal program that provides funds used in the Collier
County Owner Occupied Program may be waived or increased where the governor of the State of Florida
or the executive officer of any state or federal agency issues an executive order, or other such directive,
waiving or increasing said cap.
3) All Collier County Owner Occupied Rehabilitation Program requirements for documentation by
contractors of material purchases and estimated labor costs shall remain in effect.
17
/
17E
June 19, 2014
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Re: ORD. REPEALING ORDINANCE 94-39
Dear Legals:
Please advertise the above referenced notice on , June 25, 2014, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # P-Card Purchase
Transaction Receipt giLIE
NAPLES DAILY NEWS-ADPA
1100 IMMOKALEE ROAD
NAPLES, FL 3411000000, US
2392634893
Store #1001246183
06119114 10:37:57 AM
MO/TO Sale
Naples Daily News
Billing Address Credit Card Information
collier housing,human&veteran CREDIT CARD NUMBER: Visa_3993
x SWIPE CARD: No
x,FL STATUS: APPROVED-019689
x
ORDER NUMBER: cc housing,human 061914
PO NUMBER: 2029001
Qty Unit Cost Extended Cost
1 308.16 308.16
SUBTOTAL: $308.16
TOTAL: $308.16
I AGREE TO PAY ABOVE AMOUNT ACCORDING TO CARD ISSUER.
SIGNATURE X
collier housing,human&veteran
https://secure.linkpLnet/Ipciservlet/LPCPage 6/19/2014
NOTICE OF INTENT TO CONSIDER ORDINANCE {
Notice is hereby given that on July 8 , 2014 in the Board of
County Commissioners Meeting Room, 3rd Floor, Building "F" ,
Collier County Government Center, 3299 Tamiami Trail East,
Naples, Florida, the Collier County Board of County Commissioners
will consider the proposed ordinance . The meeting will commence
at 9 : 00 A.M. The title of the proposed Ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 94-
39, AS AMENDED, WHICH ADOPTED THE COLLIER COUNTY RESIDENTIAL
REHABILITATION PROGRAM, IN ORDER TO ADOPT A REVISED PROGRAM
TO BE KNOWN AS THE "COLLIER COUNTY OWNER-OCCUPIED
REHABILITATION PROGRAM, " PROVIDING FOR FUTURE AMENDMENT OF
THE PROGRAM BY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE .
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E . BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17E
Martha S. Vergara
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Thursday, June 19, 2014 11:33 AM
To: Martha S. Vergara
Subject: Ad Confirmation
Attachments: UAS140C jpg
Hi Martha!
Please provide approval ASAP for publication on 06.25.14. Receipt will follow under separate e-mail. Putting the
payment through now.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News
239-213-6061
cpolidora @naplesnews.com
Thank you for placing your ad.
Date 06/19/14
Publication NDN
Account Number 507021
Ad Number 2029001
Total Ad Cost $308.16
1
NOTICE OF INTENT TO CONSIDER ORDINANCE • 17E
Notice is hereby given that on July 8, 2014 in the Board of County Commissioners
Meeting Room, 3rd Floor, Building • F ", Collier County Government Center, 3299
Tan-Oar-ill Trail East, Naples, Florida, the Collier County Board of County
Commissioners vvill consider the proposed ordinance. The meeting vviIl commence
at 9:00 ,A.M The title of the proposed Ordinance is as follows
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO 94-39, AS
AMENDED, WHICH ADOPTED THE COLLIER COUNTY RESIDENTIAL REHABILITATION
PROGRAM, IN ORDER TO ADOPT A REVISED PROGRAM TO BE KNOWN AS THE
*COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM," PROVIDING
FOR FUTURE AMENDMENT OF THE PROGRAM BY RESOLUTION 01: THE BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on .File with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE All persons wishing to speak on any. agenda item must register with the
County. administrator prior to presentation the agenda item to be addressed
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged.: If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons,wishing to have written or graphic materials included in the Board agenda
packets must submit said material a, rnirrinium of 3 weeks prior to the respective
public hearing, In any case, written materials intended to be considered by the
bard shall be submitted to, the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a perrnanent part of the record.
Any person who decides to appeal a cle lsion of the hoard will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
BOARD OF C ! flair' COMMISSIONERS
COLLIER COUNTY. FLORIDA
TOM HENNING, CHAIRMAN
DWIGI-IT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
.Jun No. 202900'1 202900'1 k 29-, 2O1
17E
Martha S. Vergara
From: Neet, Virginia
Sent: Friday, June 20, 2014 10:43 AM
To: Martha S. Vergara
Subject: RE: NDN ad proof- Ord. Repealing Ord. 1994-39 (HHVS)
Jennifer Belpedio is out today. Ad looks good to me so I will approved in her absence.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax (239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Thursday,June 19, 2014 11:37 AM
To: McKuenElly; NeetVirginia; BelpedioJennifer; RodriguezWanda
Subject: NDN ad proof-Ord. Repealing Ord. 1994-39 (HHVS)
Hello everyone,
Attached is the NDN ad proof, please review and let me know if there are any changes needed.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara @collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
17E
Martha S. Vergara
From: Martha S. Vergara
Sent: Friday, June 20, 2014 11:07 AM
To: 'Polidora, Carol'
Subject: RE: Ad Confirmation
Carol,
This ad has been reviewed and approved, please proceed with publishing as requested.
Thanks,
Martha
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Thursday, June 19, 2014 11:33 AM
To: Martha S. Vergara
Subject: Ad Confirmation
Hi Martha!
Please provide approval ASAP for publication on 06.25.14. Receipt will follow under separate e-mail. Putting the
payment through now.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News
239-213-6061
cpolidora@naplesnews.com
Thank you for placing your ad.
Date 06/19/14
Publication NDN
Account Number 507021
Ad Number 2029001
Total Ad Cost $308.16
1
p ,
17E 1
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
CC HOUSING,HUMAN &VETERAN SERV
ACCOUNTING
3339 TAMIAMI E #211
NAPLES FL 34112-5361
REFERENCE: 055465
59749993 NOTICE OF INTENT TO
State of Florida
County of Collier NOTICE OF MEETING NOTICE OF MEETING
Before the undersigned authority, pe NOTICE OF INTENT TO CONSIDER ORDINANCE
appeared Robin Calabrese, who on oath
7,. Notice is hereby given that on July 8;2014 in the Board of County Commissioners
She serves as the Advertising Director Meeting Room, 3rd Floor, Building 'F", Collier County Government Center, 3299
Tamiami Trail East, Naples, Florida, the Collier County Board of County
Naples Daily News, a daily newspaper p Commissioners will consider the proposed ordinance. The meeting will commence
at 9:00 A.M.The title of the proposed Ordinance is as follows:
Naples, in Collier County, Florida: t AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
attached copy of advertising was ubli COUNTY, FLORIDA, REPEALING AND REPLACING ORDINANCE NO. 94-39, AS
PY g P AMENDED,WHICH ADOPTED THE COLLIER COUNTY RESIDENTIAL REHABILITATION
newspaper on dates listed. PROGRAM, IN ORDER TO ADOPT A REVISED PROGRAM TO BE KNOWN AS THE
"COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM," PROVIDING
Af f iant further says that the said N FOR FUTURE AMENDMENT OF THE PROGRAM BY RESOLUTION OF THE BOARD OF
Y COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY;
News is a newspaper published at Naple PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
P P PROVIDING FOR AN EFFECTIVE DATE.
Collier County, Florida, and that the : Copies of the proposed Ordinance are on file with the Clerk to the Board and are
newspaper has heretofore been continuo' available for inspection.All interested parties are invited to attend and be heard.
published in said Collier County, Flor NOTE: All persons wishing to sprese on any agendagtem must register with the
P Y County administrator prior to presentation of the agenda item to'be addressed.
day and has been entered as second cla' Individual speakers will be limited to 3 minutes on any item. The selection, of an
Y individual to speak on behalf of an organization or group is encouraged. If
matter at the post office in Naples, i r recognized by the Chairman, ae spokesperson for a group or organization may be
P P i allotted 10 minutes to speak on an item.
Collier County, Florida, for period wishing g
y P � Persons wishin to have written or graphic materials included in the Board agenda
next preceding the first publication o i packets must submit said material a minimum of 3 weeks prior to the respective
public hearin g In any case, written materials intended to be considered by the
attached CO of advertisement; and of Board shall be submitted to the appropriate County staff a Lions before of seven days
copy i prior to the public hearing. All material used in presentations before the Board
further says that he has neither paid will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
promised any person, firm or corporate proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
discount, rebate, commission or refund evidence uponwRichtheappealisbased,
purpose of securing this advertisement BOARD OF COUNTY COMMISSIONERS
publication in the said newspaper. COLLIER COUNTY,FLORIDA TOMHENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
PUBLI SHED ON: 06/25 By: Martha Vergara,Deputy Clerk
June 25 2014 No 7029001
AD SPACE: 96 LINE
FILED ON: 06/25/14
� /r / +
Signature of Affiant . lik
Sworn to and Subscribed b ore m- •h' /.1 day of ' ' 20 /4
Personally known by me Ji k.� ���_ CAROL�/�'h/�p�
��pY,P, CAROLPOLIDORA•' ' '= MY COMMISSION#EE 851758
y;.• ,;; EXPIRES:November 28,2014
'•.',f'."..dks Bonded Thru Pichard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17E
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.
2.
3. County Attorney Office County Attorney Office JAB 7/8/14
4. BCC Office Board of County t\>
Commissioners \/ f '/ 11 k\V-
5. Minutes and Records Clerk of Court's Office
NA)
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 Elly Moue Housing Phone Number 252-266
Contact/ Department
Agenda Date Item was 7/8/14 Agenda Item Number 17-E
Approved by the BCC
Type of Document Ordinance replacing Ordinance No. 94-39 Number of Original One
Attached O 'D '.DC� ' Documents Attached
PO number or account N/A
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? JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, JAB
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 JAB
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 JAB
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 JAB
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 JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
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 7/8/14 and all changes made during the JAB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the JAB
BCC,all changes directed by the BCC have been made,and the document is ready for t „
Chairman's signature. (J�f
•
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
lIE
MEMORANDUM
Date: July 14, 2014
To: Elly Soto McKuen, Grant Support Specialist
Housing, Human & Veterans Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2014-29
Enclosed, please find a copy of the document referenced above,
(Agenda Item #11-e) which was approved by the Board of County
Commissioners on Tuesday, July 8, 2014.
If you should have any questions, please call me at 252-8411.
Thank you
17E
Teresa L. Cannon
To: countyordinances @dos.myflorida.com
Subject: CLL Ordinance 2014-029
Attachments: CLL20140708_Ordinance2014_029.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
BOARD MINUTES& RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER(CLL)
ORDINANCE NUMBER: 2014-029
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
17E .
MEMORANDUM
Date: July 14, 2014
To: Ernie Kerskie, Director
Office of the Property Appraiser
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinances 2014-29
Attached for your records is a copy of the documents referenced above, adopted by
the Board of County Commissioners on Tuesday, July 8, 2014.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
17E
ORDINANCE NO. 2014 - 29
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
ORDINANCE NO. 94-39, AS AMENDED, WHICH ADOPTED THE
COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM,
IN ORDER TO ADOPT A REVISED PROGRAM TO BE KNOWN AS
THE "COLLIER COUNTY OWNER-OCCUPIED REHABILITATION
PROGRAM," PROVIDING FOR FUTURE AMENDMENT OF THE
PROGRAM BY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable
Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules
adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package for
state and local housing programs to better enable local governments to meet their responsibilities
for affordable housing in accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing
documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development
and maintenance of affordable housing; and
WHEREAS, Collier County has adopted by Resolution, as amended by Resolution, a
local Housing Assistance Plan, and which provides a maximum award schedule, a cost per unit,
and a maximum cost per unit for eligible housing benefitting from awards made pursuant to the
SHIP funds; and
WHEREAS, the County, by County Ordinance No. 94-39, adopted a residential
rehabilitation program consistent with the Local Housing Assistance Plan, which will utilize
various funding sources; and
WHEREAS, the Board desires to repeal and replace Ordinance No. 94-39, as
subsequently amended, in order to adopt a revised residential rehabilitation program, to be
known as the "Collier County Owner-Occupied Rehabilitation Program," attached hereto as
Attachment A; and
WHEREAS, the Board desires that future amendments to the new Owner-Occupied
Rehabilitation Program, as set forth in Attachment A, may be accomplished by Resolution of the
Board of County Commissioners.
Page 1 of 3
17E
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF THE COLLIER COUNTY OWNER-OCCUPIED
REHABILITATION PROGRAM.
The Collier County Owner-Occupied Rehabilitation Program (Program) is hereby
adopted. A copy of said Program, including Program forms and other necessary forms and
contracts, is attached to this Ordinance and adopted and made a part of this Ordinance by
reference. The forms used in the implementation of the Program may be modified
administratively from time to time to conform to the requirements of the funding sources.
SECTION TWO: FUTURE AMENDMENTS TO THE PROGRAM.
Future amendments to the Program may be accomplished by Resolution of the Board of
County Commissioners.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Page 2 of 3
17E
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, thiscg}h day of SV , 2014.
ATTEST: OF COUNTY COMMISSIONERS
DWIGHTE FROCK, CLERK COLLIER UNT , FLORIDA
Attest as faTttity Clerk TOM HENNING, 'Al' AN
signature ouiY.
Approved as to form and legality:
Jennifer A. Belpedi J
Assistant County Attorney
This ordinance t!'".1 with ;r;
Secretory of Stcto's Oft ice *iv
i" ''doy of ;,14_,
and acknowledgement of that
filing received this i `'day
By 11n. II...::
Dputy du'
Page 3 of 3
17E
OWNER-OCCUPIED REHABILITATION PROGRAM
Program Description.
The purpose of this policy is to establish administrative procedures and program guidelines for the SHIP
Owner-Occupied Rehabilitation Program. The program provides for repairs or improvements necessary for
safe or sanitary habitation, correction of substantial code violations or addition of handicapped accessible
items. All units rehabilitated with the funds provided from the local housing assistance trust fund must be
occupied by very-low, low-or moderate income persons.
Loans are limited to a maximum amount as established in the applicable LHAP. NOTE: Special Exception:
The Director may obtain approval of the Board of County Commissioners on a case by case basis for subsidies
above the established levels to accommodate a special needs housing applicant or other situation in which it is
determined that the assistance is necessary and/or not evident at the time of bid.
Definitions.
Definitions referenced in the Ordinance shall be the same as those definitions set forth in Rule 67-37.002,
Florida Administrative Code.
Income data for the Naples Metropolitan Statistical Area are supplied by the U.S. Department of Housing and
Urban Development(HUD), and apply to all of Collier County. The definition for "annual income" is found in
24 CFR Subpart F of Part 5.
Administration.
1) This program shall be administered by the Collier County Housing, Human and Veteran Services
Department (HHVS), or its representative/designee, hereinafter referred to as "Department."
2) The Department shall be responsible for:
a) Identifying potential homeowners.
i) Potential participants for the program will be identified through the following activities:
ii) In accordance with Section 420.9075(4)(b), Florida Statutes, if the Department has a waitlist, the
participants will be contacted in the order they were placed on the waitlist. In the absence of a
waitlist, the Department will advertise in a newspaper of general circulation and periodicals
serving ethic and diverse neighborhoods announcing the program and the availability of funds
for rehabilitation services.
iii) The Department will contact local non-profit, community-based organizations in the county
through outreach activities to locate potential program participants.
iv) Chapter 420.9071, Florida Statutes, as amended from time to time, defines community-based
organization as "...a non-profit organization that has among its purposes the provision of
affordable housing to persons who have special needs or very low-income persons, low-income
1
17E
persons, or moderate-income persons within a designated area, which may include a
municipality, a county, or more than one municipality or county,. A community housing
development organization established pursuant to 24 CFR, Part 92.2 and a community
development corporation created pursuant to F.S. Ch. 290, are examples of community-based
organizations."
v) The Collier County Code Enforcement Department can refer potential clients that have been
cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended,to the
Department. The Department will determine the individual/family interest in participating in the
program and whether the potential participant is income eligible to participate in the program,
pursuant to the requirements set forth below.
vi) The homeowner(s) will be accepted on a first come, first served, first qualified basis.
b) Determine homeowner eligibility.
i) All homeowners in this program must have fee simple ownership of the owner-occupied
dwelling unit for which residential rehabilitation services are requested.
ii) Where there are co-owners for a property, each co-owner is required to participate in the
application process, the income eligibility determination process which includes household
income and asset certification and third party verification, and the secondary mortgage/lien
application and closing process.
iii) Accepting and processing applications for rehabilitation services:
iv) All potential homeowners must complete the program application
v) The application form shall be used to document the general information regarding the potential
homeowner which will include, but not be limited to, ownership status, number of residents
living in the housing unit, previous residences, employment history, and all financial assets
owned by the households.
vi) The application must be signed by all parties with an ownership interest in the property.
vii)The application for housing assistance shall be maintained as part of the permanent program file
for each homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
viii) All potential homeowners must sign the "Income Certification."
ix) Income certification. This form is required documentation for any program utilizing the monies
as a funding source. Information contained herein relates to anticipated household income,
assets, and household data. A copy of the income certification form will be maintained in the
borrower's permanent file.
x) Documentation of income sources for each household resident or other immediate family
member over 18 years of age must be provided for the last 12-month period preceding the date of
the application. Household income may not exceed 120%of the area median income as adjusted
to family size and published annually by HUD/FHFC.
xi) Adequate documentation may include, but not be limited to, the most recent year's federal
income tax return.
xii)Failure to disclose and report all sources of household and family income during this process will
result in disqualification for a residential rehabilitation loan.
2
17E
xiii) The income certification shall be maintained as part of the permanent program file for
each homeowner making application to the Collier County Owner Occupied Rehabilitation
Program.
xiv) For purposes of this program, assets shall include, but not be limited to, real property
other than the property to be rehabilitated under this program, savings, stocks, bonds and other
forms of capital investment, excluding interests in Indian trust land and equity in a housing
cooperative unit.
c) Accept and Process Applications.
i) All homeowners must provide adequate information so that a current "third-party verification of
employment form" can be completed in a timely manner by their employer.
ii) All household members 18 years and older must complete and sign the form's authorization
portion (if applicable). Homeowners must provide their employer's name, address, phone number
and contact information.
iii) Employer is requested to complete the third party verification of employment information form,
and sign the document, and return the document by mail or fax to the Department. If not
supplied after reasonable attempts, alternative documentation is allowed.
iv) Applications will not be considered complete until the verification of employment form has been
signed and delivered to the Department.
v) Third party verification of employment information forms returned to the Department by
potential participants will not be accepted for use in the program.
vi) The third party verification of employment form shall be maintained as part of the permanent
program file for each homeowner making application to the Collier County Owner-Occupied
Rehabilitation Program.
vii)Where a homeowner or household member 18 years and older is unemployed at the time that
application is made to participate in the Collier County Owner-Occupied Rehabilitation Program,
the form entitled "unemployed affidavit" shall be completed, signed, and notarized by the
household member.
(1) If a homeowner becomes employed during the course of the program application or during
the rehabilitation phase if after the 120th day of income certification process, the homeowner
must report said employment to the Department within 30 days of gaining employment,
excluding holidays and weekends, and complete a new third party verification of
employment form, referred to above.
(2) The unemployed affidavit shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
viii) If homeowners or any member of the household is receiving any form of public
assistance, the form entitled "third party verification of benefits" must be completed as part of
the application process.
ix) The total amount of public assistance that is provided to each individual residing in the
household must be documented on the third-party verification of benefits form.
x) The "verification of benefits" form must include all sources of public assistance funds for all
household members.
3
17E
xi) The verification of benefits form shall be maintained as part of the permanent program file for
each homeowner making application to the Collier County Owner-Occupied Rehabilitation
Program.
xii)Other verification forms may be developed and used from time to time by the Department in the
course of the program in order to obtain third party verification of all sources of income and
verification of all assets claimed by an applicant or other household resident and/or member
making application to the program, to include, Social Security, Unemployment Benefits, Veteran
Benefits, Worker's Compensation, State and Private Retirement Benefits, annuities, disability or
death benefits, and severance payments.
xiii) Refusal by a homeowner to provide information to the Department regarding sources for
third party verifications for income and assets shall be considered sufficient grounds for a
negative determination of program eligibility.
3) Applicant eligibility determination.
a) The Department will maintain a program file for each homeowner that will contain all related
homeowner applications, verifications, references, credit histories, and other related documents.
b) Homeowners must have made at least 12 monthly consecutive mortgage payments on their current
homestead property immediately prior to the application date to qualify under this program, also,
there can be no more than one delinquency in this 12 month period.
c) Each homeowner and household member 18 years and older must sign an "authorization for the
release of information" form.
i) Use of this form is restricted to the Department, its grantors, or a participating local financial
institution, as required and permitted by law.
ii) The authorization for the release of information form shall be maintained as part of the
permanent program file for each homeowner making application to the Collier County Owner-
Occupied Rehabilitation Program.
d) Homeowner eligibility determination shall include verification of homeowners ownership of the
property to be rehabilitated and disclosure of mortgages to lending institutions.
i) Where applicant homeowner owns title to the property to be rehabilitated, homeowner shall
provide a copy of the property deed to the Department. The home may not have a restriction or
encumbrance that would impair the good and marketable nature of title to the ownership interest.
County property taxes and assessments must be current.
(1) The Department or homeowner will obtain a copy of the deed by which homeowner acquired
title of the property to be rehabilitated from the public records of Collier County.
(2) Where no such public record exists, it shall be contingent upon the homeowner to
demonstrate ownership of the property for which application is being made.
ii) All homeowners must provide adequate information so that the "verification of mortgage or deed
of trust" form can be completed by any lending institution holding a note on the property to be
rehabilitated.
iii) Homeowner information must include the name and address of any lending institution holding a
note on the property to be rehabilitated.
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iv) If no lending institution holds a mortgage, homeowner must designate such information on, the
verification of mortgage or deed of trust form.
v) If applicable, the lending institution must provide mortgage information, and return the signed
document to the Department.
vi) The verification of mortgage or deed of trust will be maintained as part of the permanent
program file for each homeowner making application to the Collier County Owner-Occupied
Rehabilitation Program.
e) Homeowner(s)will not be eligible for assistance when, during the previous three (3) years prior to
the date of application:
i) Previous principal residence or other real property was foreclosed; or
ii) Given a deed-in-lieu of foreclosures; or
iii) Filed Chapter 7 bankruptcy(liquidation); or
iv) Filed Chapter 13 bankruptcy; or
v) Presently delinquent on a federal tax liability; or
vi) Presently delinquent on Collier County property taxes
f) The property may have the following liens and still remain eligible for assistance:
i) A code enforcement lien that has been abated or that will be abated through the use of
rehabilitation funds.
ii) A down payment assistance lien
iii) An affordable housing density bonus agreement
iv) Impact fee deferrals
(1) Note: This listing is not meant to be all-inclusive of all possible types of liens. The
Department will proceed with awards, unless the prohibitions noted above have been
violated.
g) The properties assisted through the Owner-Occupied Rehabilitation Program must have a
homestead exemption through the Collier County Property Appraiser's Office.
i) Each homeowner shall be sent a letter from the Department notifying them whether they meet
the minimum eligibility criteria established herein.
ii) In cases where a homeowner is determined to be ineligible, the reasons for this determination
shall be set forth in the notification letter to the participant(s).
(1) Any such negative determination of eligibility shall be mailed to the homeowner within
thirty days from such determination.
(2) Homeowners who have been determined to be ineligible shall be given the opportunity to
correct or explain in greater detail any information that resulted in, or affected the negative
eligibility determination made by the Department.
5
17E
(3) The Department director or his/her designee shall have the authority to make a final
determination regarding a homeowner's compliance with the requirements for third party
verification.
(4) The Department director or his/her designee shall have the final decision-making authority
regarding a determination of eligibility or non-eligibility for participation in the Collier
County Owner Occupied Rehabilitation Program.
(5) Such determination shall be kept as a permanent part of the homeowner's program file.
h) Determination of corrective actions may be conducted prior to an applicant's receiving a final
determination of eligibility from Department.
i) Refusal by a homeowner to provide information to the Department regarding sources of income and
assets shall be considered sufficient grounds for a negative determination of program eligibility.
Homeowner Contractual Relationship with County
1) Prior to construction beginning, the homeowner(s) must execute a second mortgage and promissory note for
the maximum amount of assistance which will be modified after final completion of work to unit to reflect
the actual amount of funds expended.
a) The secondary mortgage must be executed on the second mortgage document or on a substantially
similar document that has been approved by the Collier County Attorney Office.
b) Lenders may include, but not be limited to, Collier County Board of County Commissioners or any
registered financial institution operating under the Laws of Florida in Collier County, Florida.
c) The promissory note and the second mortgage shall set forth the obligations of the borrower(s),
lender(s), mortgagor(s), and mortgagee(s) as approved by the County Attorney's Office.
d) Mortgage dollar amount(s) shall be limited by and shall not exceed:
i) Program guidelines as established by program grantors;
ii) Bids for rehabilitation services as submitted by participating contractors.
e) The second mortgage shall be recorded with the office of the Collier County Clerk of Courts upon
closing of the rehabilitation loan with the Department and the homeowner.
1) Upon closing,the Department will cover the costs of recordation of the mortgage instrument with the
Collier County Clerk of Courts and documentary stamp tax.
g) No final payment or disbursement of loan funds will be made or processed for the contractor until the
Department receives a certified copy of the recorded second mortgage document.
h) A copy of the second mortgage shall be maintained as part of the permanent program file for each
homeowner(s)making application to the Collier County Owner Occupied Rehabilitation Program.
2) Homeowner(s) is/are responsible for reporting any change of income to the Department within 30 days of
any change so that closing of an owner occupied rehabilitation loan is not unduly delayed.
a) Changes in individual, household, and/or family income shall require that "applicant income
certification" be completed and recertified by homeowner(s). The Department shall verify all income
certification and re-certifications using criteria established by the Department and as may be amended
from time to time to reflect current loan and qualification standards.
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17E
3) Third party verification shall be completed prior to closing an owner occupied rehabilitation loan and
executing the second mortgage and the promissory note.
4) Based on funding availability, certification of income and property eligibility, clients will be issued an
award letter. The letter, at a minimum, will state the amount of the assistance, the terms of the assistance
and contact information for Department staff and/or County representative/designee.
5) A copy of the promissory note shall be maintained as part of the permanent program file for each
homeowner accepting funds for the Collier County Owner Occupied Rehabilitation Program.
6) Homeowner(s) must execute the Owner Occupied rehabilitation program performance program document.
7) The performance agreement sets forth the obligations of the homeowner with regard to the facts and
purposes of the program which includes, but is not limited to:
a) That homeowner understands the conditions of the loan, including program guidelines, rules, and
restrictions;
b) That benefits are not transferable;
c) That eligible dwelling units be occupied by the homeowner prior to and after completion of
rehabilitation work to the dwelling unit;
d) That the eligible dwelling unit must comply with the requirements of the Florida Building Code;
e) No homeowner, co-owner or relative of an owner or co-owner shall serve as a contractor or sub-
contractor for the rehabilitation of the subject property, nor shall an owner, co-owner, or relative receive
any compensation for their labor with any program funds:
f) A relative of a homeowner or co-owner shall be defined in this instance as an immediate family member
to include mother, father, brother, sister, aunt, uncle, and cousin or a family member by marriage, to
include mother-in-law, father-in-law, brother-in-law, and sister-in-law.
g) That all work performed by a contractor will be in accordance with the inspection report prepared by
Collier County and/or its representative/designee and that no changes to bid work will be paid for with
loan funds where there has not been express written prior approval by the Department director or his/her
designee on the form entitled "Owner Occupied Rehabilitation Program Change Order."
h) That access to the property and dwelling unit will be provided to County and/or its
representative/designee conducting inspections to determine interim progress and/or completion of work
for any or all rehabilitation work performed with funds from this program.
i) That contractor is responsible for acquiring any and all permits and approvals to perform work under
this program and must provide evidence of permits where requested, by County and/or its
representative/designee, including but not limited to inspectors.
j) That payment for any work performed prior to execution of the second mortgage, promissory note, or
other approved instrument, including but not limited to, an official notice to proceed, shall not be the
responsibility of the County
k) Liability for payment for any work performed by the contractor which does not conform to the work
write-up where express written approval has not been given by the Department shall be the sole
responsibility of contractor.
I) Funds will be secured with a recorded fifteen (15) year, zero interest, deferred subordinate mortgage as
further identified in the SHIP LHAP on the property in the amount of the subsidy used in the project. If
all conditions of the loan are met, one-third of the loan will be forgiven in five year increments so that at
the end of the fifteenth year the loan is forgiven. Monthly payments are not required.
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m) That the homeowner shall occupy the rehabilitated residential unit as the primary residence until a
satisfaction of mortgage for a period of 15 years or the terms of the second mortgage has been fulfilled,
whichever comes first. If the homeowner does not fulfill the obligations identified, they shall be in
default of this performance agreement, the required second mortgage, and the promissory note and
repayment of the balance of the second mortgage shall become due and payable immediately.
n) That the maximum amount of the loan shall be the actual amount paid to the contractor, or$30,000.00,
whichever is less. The Department director may obtain approval of the Board of County Commissioners
on a case by case basis for subsidies above the established levels to accommodate a special needs
housing applicant or other situation in which it is determined that the assistance is necessary and/or not
evident at time of bid.
8) Historically Significant Properties:
a) Improvements must be consistent with those approved by the Florida Department of State in accordance
with the most current revision of"Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitation of Historic Buildings," and
b) Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance,
Ordinance No. 91-70.
Determination of Rehabilitation Needed.
1) County and/or Representative/Designee Initial Inspection and Initial Work Write-Up.
a) Collier County and/or its representative/designee will conduct and complete the initial inspection of a
dwelling unit under this program no later than 30 days of notification of a homeowner's eligibility in the
Collier County Owner-Occupied Rehabilitation Program by the Department. Should additional time be
needed to initiate the inspection, documentation must be included in the file justifying the waiver of
time.
i) Initial inspection will determine any deficiencies.
ii) Collier County and/or its representative/designee will document the results of the initial inspection
on an inspection form.
iii) The inspection report shall be maintained as part of the permanent program file for each homeowner
making application to the Collier County Owner-Occupied Rehabilitation Program.
iv) Collier County will, at its' option, obtain an independent validation of the inspection, work scope
and prioritization to include an independent cost analysis, and then shall identify and prioritize the
rehabilitation scope on the "inspection report" completed for each dwelling unit so that rehabilitation
services can be directed at elimination of any pressing and immediate safety and/or health concern.
This will be referred to as the basis for the bid specifications; or work write-up.
v) Health and safety housing code violations shall be given priority by the County and/or
representative/designee over any cosmetic rehabilitation work during inspection, bid preparation,
and provision of rehabilitation services.
vi) It shall be the responsibility of the County and/or its representative/designee to determine and
prioritize rehabilitation services beyond immediate health and/or safety concerns which are
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identified and prioritized by the inspection. The County may seek an independent validation of the
need and cost for any such items.
b) Bid specification development.
i) County and/or its representative/designee shall develop a work write up and specifications for the
project that details the quality and quantity of material to be installed in the property. The work write
up will provide details of how the work is to be preformed, quality of products to be installed and
installation methods.
ii) The County and/or its representative/designee shall develop a cost estimate for the project. The
County may seek an independent validation of the cost estimates prepared by the
representative/designee. The work write- up and cost estimates will be submitted to the County
and/or its representative/designee for review and approval prior to the project sent out to bid.
iii) Any such rehabilitation work that may go beyond the minimum requirements of the Florida Building
Code shall be documented and noted on the work write-up form by the inspector.
iv) The completed Collier County Owner-Occupied Rehabilitation Program bid specifications will serve
as the basis for bids from contractors which will address documented housing code deficiencies of
the eligible dwelling unit and any other work that may need to be completed to protect the health and
safety of residents and/or the integrity of the dwelling unit.
c) The contractor shall document estimated material requirements and unit labor
i) Costs for installation of materials on the bid specification document.
ii) Once approved by the County, a copy of the signed, completed bid specs will be provided to the
homeowner within a reasonable period of time after the completion of the inspection. The
homeowner will sign the bid specification document as an indication of awareness.
d) If the County is operating the program through a representative or designee, the County will issue a
Notice to Proceed to that entity when all approvals have been obtained on the bid specification
document, to allow the bid process to proceed.
e) Bid Process
i) The County and/or its representative/designee will solicit bids proposal from local contractors for
any upcoming projects. This solicitation will include the date, time and location of the mandatory
contractor walk-through meeting for each project.
ii) The Bid Proposal will list, in detail, all specifications of materials to be used and the scope of work
to be performed. This will ensure that contractors are bidding based on the use of similar or like
materials and scope of work.
iii) A Mandatory Walk-Through Meeting will be held to view the property, ask questions and discuss
project details with the homeowner(s) and the County and/or its representative/designee relating to
the scope of work in the bid documents. Changes, additions, deletions and refinement of work details
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or the scope may be made during this walk through. This is the first opportunity for the Contractor to
view the property. The walk-through will start promptly at the time specified. Contractors may not
begin to inspect the home or construction site before the County and/or its representative/designee
arrives and the walk-through officially starts. Contractors are required to sign in the official
attendance sheet. Contractors who do not sign the official attendance sheet will not be eligible for
bid selection on the project. Changes to bid specifications will be reviewed at the end of the walk-
through to ensure all Contractors are aware of any changes discussed during the walk-through. If
changes are made to the original bid specification, Contractors will receive revised bid documents
via electronic mail prior to the bid opening date. Contractors must use the bid work write up form
provided in the bid documents to submit the bid. Once the work is awarded, no changes may be
made to the work write-up except in the event of unforeseen circumstances as determined by the
County and/or its representative/designee or unless a change in the scope of work is required by the
County Building Department. Failure to bid according to the final bid specifications may be just
cause for disqualification of the Contractor's bid.
iv) The Bid Submittal must be submitted on the official bid specification document form provided in the
bid documents. Each Contractor shall provide line item prices for each item specified on the work
write-up and overhead should be added at the end.
v) All prices on the bid specification document must be written in ink. Signatures must also be in ink. If
a mistake is made on the bid, the change must be initialed by the Contractor prior to submitting the
bid. It is the contractor's responsibility to remain informed regarding permit fees, impact fees,
material costs and other requirements that might increase the cost of work. Once a bid is submitted,
the Contractor is bound to the price that is stated on the submitted proposal.
vi) For model or materials not specified, prices should match the home's existing models and materials
in quality and style. If a specific model is specified, the Contractor will be expected to install that
model or product number. A Contractor cannot deviate from the product specified without written
authorization from the County and/or its representative/designee. All questions related to the job
specifications must be cleared prior to submission of bid by contacting the County and/or its
representative/designee.
vii)All bids must be in a sealed envelope. The Contractor/Bidder's name and the bid number must be
clearly written on the front of the sealed envelope. Completed bids must be delivered to the County
and/or its representative/designee on or before the scheduled bid date and specified time. Late bid
responses will not be accepted.
Contractor selection.
Solicitation of contractors by County and/or its representative/designee.
1) The County and/or its representative/designee will solicit bids from contractors and/or subcontractors.
2) The County and/or its representative/designee will review the bids to ensure that all mandatory work is
included; that it conforms to program specifications and that the cost is reasonable for the project by
reviewing it against an independent cost estimate. Estimates that are unreasonable, inaccurate, contain
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incorrect totals, are unsigned, or submitted in pencil may be rejected at the option of the County and/or
its representative/designee. The following criteria will be used to determine the winning bid:
a) The bid is the lowest responsible, responsive bid;
b) All required contractor paperwork and licenses
c) Current certificates of insurance with coverage for:
d) Current liability insurance;
e) Current workmen's compensation;
f) Current business auto liability.
3) The contractor is an independent contractor and shall not be deemed an agent, employee or partner of
the county. In addition, no owner, co-owner or relative of an owner or co-owner shall serve as a
contractor or sub-contractor for the rehabilitation of the subject property, nor shall an owner-, co-owner
or relative receive any compensation for their labor with program funds. A relative of a homeowner or
co-owner shall be defined in this instance as an immediate family member to include mother, father,
brother, sister, aunt, uncle and cousin or family member by marriage, to include mother-in-law, father-
in-law, brother-in-law and sister-in-law.
4) The County will approve the final selection, and issue a Notice to Proceed to the representative or
designee.
Administration of residential rehabilitation.
1) A copy of the bid document submitted by the entity who is awarded the contract for an individual dwelling
unit shall be provided to the Department and to the county clerk finance Department at time of
reimbursement request to ensure that payments made to contractors reflect costs included in the bid.
2) Notice to Proceed. Contractors are not authorized to begin construction until they receive a Notice to
Proceed from the Department and/or its representative/designee. The contractor will receive a Notice to
Proceed when:
a) The homeowner has executed and the Department has recorded the second mortgage and promissory
note.
b) The homeowner has signed a contract with Collier County or its designee/representative.
3) The official Notice to Proceed will be issued in a formal letter from the Department and/or
representative/designee
4) The contractor's award letter shall be maintained as part of the permanent program file for each homeowner
making application to the Collier County Owner Occupied Rehabilitation Program.
5) No payment will be made or processed for the contractor until the Department receives a copy of the
promissory note from the homeowner.
6) A copy of the promissory note shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Owner Occupied Rehabilitation Program.
7) Notice of Commencement.
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a) Following the Notice to Proceed, a Notice of Commencement must be filed by contractor with the
Collier County Clerk prior to commencement of construction of the project pursuant to the requirements
of Chapter 713, Florida Statutes, for each dwelling unit receiving rehabilitation services under the
Collier County Owner-Occupied Rehabilitation Program.
b) A certified copy or affidavit attesting to the recorded Notice of Commencement must be posted at the
jobsite. The notice, at a minimum, should contain the following details: property owner, lender
information,jobsite address, contractors, etc. This document will protect the property owner's title to the
property.
c) Collier County Board of County Commissioners shall be named on the notice of commencement as
"lender."
d) The Department shall be named on the Notice of Commencement as "persons within the State of Florida
designated by owner upon whom notices or other documents may be served" as provided by F.S. §
713.13(1)(a)7.
1) Monitoring for rehabilitation/emergency home repair.
a) All work performed by contractor(s) and its subcontractor(s) shall be in accordance with:
i) The inspection report completed and submitted by Collier County and/or its representative/designee .
ii) Bid documents submitted by the contractor on the bid specification and any supplemental plans
submitted in conjunction with this form.
iii) All work performed by any contractor(s) and their subcontractor(s) must conform to the local and
state laws, including:
(1) Florida Building Codes and Collier County Housing Code, Ordinance No. 89-06, as amended;
and
(2) Collier County Residential Rehabilitation Standards, as amended
1) Required documentation for rehabilitation/emergency home repair. The following documents are required of
all eligible households for repair loans:
a) Rehabilitation/emergency home repair bid specification. All work that is to be performed must be listed
on this form detailing labor and material costs. This form must be delivered to a representative of the
Department prior to the commencement of any repair work. A signed copy will be provided to the owner
and to the finance Departments. Loans granted under this program, but are limited to a maximum of
$30,000.00 per household.
b) Final inspection. A copy of the signed final inspection will be maintained in the owner's permanent file.
A copy of the final inspection will be provided to the Department of finance, along with the final
payment request.
c) Promissory note. This note will be used specifically for the loans granted under the owner occupied
rehabilitation program. A copy of the note will be maintained in the owner's permanent file, and will
recorded within the County Clerk of the Courts files Department. The original, executed note will be
kept on file in the Department.
d) Second mortgage. The second mortgage will be used to secure the promissory Note and will be recorded
by the Clerk of the Circuit Court for Collier County. The original, recorded second mortgage will be
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kept on file in the Department. Copies will also be made available to the owner. All fees associated with
the recording of this document will be paid by the Department.
e) Waiver of lien. Upon completion of the repair work, the contractor will be required to execute a waiver
of lien. The final payment will not be disbursed until the Department receives the waiver of lien, a
satisfactory inspection report and the itemized contractor's invoice.
Inspection(s) of rehabilitation work.
Interim inspections.
1) Contractors are responsible for arranging interim inspections with appropriate County or City Departments.
2) All work performed under the Collier County Owner Occupied Rehabilitation Program must conform to all
state, county, and/or city code requirements to be reimbursed under this program.
3) A scheduled inspection is required prior to receiving a draw request. The County and/or its
representative/designee will schedule an inspection after receiving and reviewing the request for payment.
No payment will be processed without completing a successful inspection with the County and/or its
representative/designee.
4) Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the
completed, signed inspection form will be provided to the Department within three working days of
completing each inspection.
5) Each inspection form shall be maintained as a permanent part of each homeowner's program file.
Final inspections.
1) Contractors are responsible for arranging final inspections with appropriate County or City inspection
Departments.
2) Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the
completed, signed inspection form will be provided to the Department prior to the project's completion and
final inspection.
3) Each inspection form shall be maintained as a permanent part of each program participant's file.
4) The County and/or its representative/designee shall be vested with the authority to make a final
determination of conformance to code requirements for all code related rehabilitation work performed under
this program.
5) All rehabilitation work performed under the Collier County Owner Occupied Rehabilitation Program must
conform to the requirements of the Collier County Department Rehabilitation Standards as amended if
applicable, as well as general industry work quality standards for such work, in order to pass inspection(s)
and be reimbursed under this program.
6) The Department director or his/her designee shall be vested with the authority to make a final determination
of work completeness and work quality in the event that there is disagreement among any of the parties.
7) Such inspections may address, but are not limited to:
a) Inspections prior to mediation between the homeowner and contractor, when needed;
b) Inspections to determine extent of work progress prior to approval for final payment to contractor;
c) Inspection to determine if all receipted, purchased materials have been installed;
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d) Inspection to obtain homeowner final sign-off and approval for final payment to contractor.
Method of payment for rehabilitation work performed.
Performance bonds.
1) No performance bond shall be required to be posted by a contractor selected under this program.
Change Orders.
1) No alteration of materials or labor described in the original work order shall take place unless in writing and
mutually agreed to by the County and/or its representative/designee. All changes must be submitted on a
Change Order Form signed and dated by the County and/or its representative/designee. Any such changes
are subject to the terms of the contract. Contractors must provide before and after pictures of the work
associated and a price cost analysis prepared with change order request. Change orders must be submitted
and approved prior to the final draw request and will only be considered in the case of circumstances
unforeseen at the time of the walk-through or for additional work requested by the Building Department.
The County and/or its representative/designee reserve the right to deny any change order request.
Method of payment for work performed.
1) Upon final inspection, the transfer of all warranties to the homeowner, releases, as identified by the County
and/or its representative/designee, the follow process shall be followed:
a) One -time payment for services.
i) Contractor submits a final invoice to the Department and/or its representative/designee when all the
work is completed.
ii) Payment to contractor is contingent on submission of the final inspection report by the County
and/or its representative/designee to the Department and final inspection by appropriate personnel,
and must be accompanied by:
(1) Affidavit from contractor stating that subcontractors and material suppliers have been paid for
the particular job for which the contractor is submitting a request for payment to Collier County.
(2) Final inspections by the Department will not be conducted until such time that final, notarized
originals of waiver of lien have been submitted to Department for the contractor,
subcontractor(s) and material vendors performing rehabilitation work on the dwelling unit to be
inspected.
iii) In the alternative, upon submission of invoices or other documentation from contractor and a written
notarized statement from contractor that materials have been supplied and services rendered which
are satisfactory to contractor, payment shall be processed.
iv) Final inspection of all rehabilitation work shall be conducted by the Department and/or its
representative/designee and personnel from applicable county/city Departments
v) The homeowner(s), and the Department director or his/her designee complete and sign form entitled
"disbursement authorization."
vi) Collier County Clerk's Finance Department shall process payment to the County and/or its
representative/designee and other contractual agreements approved by the Board of County
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Commissioners for the contract amount and for any additional work authorized and documented on
the change order by the Department director or his/her designee.
vii)Contractor is responsible for providing payment to any and all sub-contractors performing
rehabilitation work on dwelling units and property.
(b) Payment Reduction
i. In accordance with its project contracts, the County and/or its representative/designee reserve
the right to decline payment or reduce the amount of a final payment to such an amount as is
necessary to protect the homeowner from loss or to recover the cost incurred to correct or
complete the specified work for reasons including, but not limited to:
a. Defective work not corrected
b. Third-party claims filed or with reasonable evidence indicating probably filing of
such claims
c. Failure of the contractor to make payments to subcontractors, laborers/workers or
material suppliers
d. The amount of work completed is not enough to constitute a draw
(c) Suspensions and Disqualifications
i) The County and/or its representative/designee may implement this section. Contractors may
be suspended or disqualified for any of the following reasons:
1) Self-imposed: A contractor may disqualify him/herself before contract signing for
conflicting work contracts or personal hardship
2) Lack of Participation: A contractor that does not participate or respond to an invitation to
bid within a twelve month period will be placed on Inactive status and will no longer be
sent bid information. Inactive contractors must reapply and be accepted in order to begin
receiving bids again.
3) Insurance Violations: If at any time a contractor fails to have required insurance, he/she
will be automatically suspended until proof of insurance is provided. The contractor must
have insurance at all times. Changes in coverage must be reported in writing to the
County and/or its representative/designee within five working days of such change,
including renewals.
4) Business License Violations: Any contractor who has a license suspended, revoked,
rejected or inactivated will be automatically disqualified. All license renewals must be
current and a copy provided to the County and/or its representative/designee
5) Failure to Honor Warranties: Any contractor who fails to honor a warranty from a
previous contract will be barred from future bidding for one year and must reimburse the
County and/or its representative/designee for the cost of any work performed by another
to correct the warranty work.
6) Default: If a contractor defaults or does not complete an assigned project, he/she will be
disqualified indefinitely from participating in County housing programs.
7) Willful Misconduct: Willful misconduct by contractor, employees or subcontractors
while engaged in a project will not be tolerated. The contractor may be disqualified from
the program for behavior such as, but not limited to, theft, lewd or lascivious acts, foul
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language, public intoxication, and illegal drug use, willful destruction of the
homeowner's property or abusive behavior towards the homeowner or County staff.
8) Contractor Negligence: Failure to adhere to building codes, construction industry
standards, contract specifications and material requirements.
9) Payment Delinquency: Failure to pay subcontractor or material suppliers.
10)Kickbacks/Price Fixing: Accepting kickbacks or price fixing by or between contractors,
its employees, officers, owners, agents, partners, representatives or any other affiliates.
11)Brokerage of Work: Brokering work to another licensed or unlicensed contractor.
Anyone brokering work or receiving a brokered contract will be immediately suspended
and possibly be disqualified indefinitely from participating in any work program through
the County.
(d) Lien Waivers
i) The contractor shall protect, defend and indemnify the County and/or its
representative/designee and homeowner from all claims of unpaid work labor or materials.
The contractor must sign a Release of Lien prior to receiving any payments. This will be
required of the contractor at every draw request; no exceptions will be made. It is the
contractor's responsibility to obtain Release of Liens from its subcontractors, material
suppliers and any other affiliates associated with the project.
ii) Program participant files.
(1) Copies of every form and copies of all receipts used in the contractor and subcontractor
payment process shall be kept as a part of each individual homeowner's program file.
Disaster waiver.
1) In the event of a natural disaster, program guidelines regarding pre-qualification of participating
contractors may be waived by the Department in order to expedite needed repairs and improvement to
damaged properties, with the approval of the Department.
2) Any dollar expenditure cap in effect for any state or federal program that provides funds used in the Collier
County Owner Occupied Program may be waived or increased where the governor of the State of Florida
or the executive officer of any state or federal agency issues an executive order, or other such directive,
waiving or increasing said cap.
3) All Collier County Owner Occupied Rehabilitation Program requirements for documentation by
contractors of material purchases and estimated labor costs shall remain in effect.
16
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 14, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2014-29, which was filed in this office on July 14, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us