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Ordinance 2006-44 \92.0212.2~ ~~.. ~ ~ .. \\ ~ -"'Ut1- J ~ ;l~\\\~ '{." ~ A ~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 4'6'<9 ~ LIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94-39, <'9S"t't" S AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114, ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND PERTAINING TO THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO REFLECT ADMINISTRA TIVE PROCEDURES AND ORGANIZA TIONAL CHANGES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-~ 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 implemented a Local Housing Assistance Program tlfough ih~ .: . I) adoption of Ordinance No. 93-19, the "Collier County Housing Initiatives Partnersh~p (SHIE) Program;" and.~ ;,:- ,.~+","" ill J . . WHEREAS, consistent with the Local Housing Assistance Plan, the Board 6f~ouiit!Y Commissioners (Board) adopted Ordinance No. 94-39, the "Collier County I{ej;j{ilentMiI . .. L..' . {" n '" i , ,,:.~ Rehabilitation Program;" and WHEREAS, the Board desires to amend the Residential Rehabilitation Program to reflect administrative procedures and organizational changes intended to improve the program's function. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Chapter 114, Article IV, RESIDENTIAL REHABILITATION PROGRAM, of the Code of Laws and Ordinances, is amended as follows: Sec. 114-71. Introduction. The purpose of this policy is to establish administrative procedures and program guidelines for housing in Collier County which is eligible for rehabilitation and is owned and occupied by very low- and low-income persons and families. The standard definition for both "lowei' income family" and "very low-income family" are found in the Code of Federal Regulations (CFR) Title 24, Section 813.102. A "lowei' income family" is defined as: "a family whose annual income does not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families" while a very low-income family is "a family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD . . . " Very low- and low-income persons are also defined in Collier County Ordinance No. 93- 19, The Local Housing Assistance Program as follows: Page I of 28 Underlined text added; strike tarol:Jga text is deleted (I) Low-income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. . . . " (2) Very low-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross income that does not exceed 50 percent of the median annual adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. . . . " 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, Section 813.106. Sec. 114-72. Administration. (a) The director of the This Program shall be administered bv the Collier County Financial Administration Operational Support and Housing Department (OSH), hereinafter referred to as "Department." is designated as the program administrator. (b) The Collier Count)' Financial }..dministration and Housing Department fHYB shall be responsible for: (I) Identifying potential program participants. a. Potential participants for the program will be identified through the following activities: 1. The fin8:flcial administration and housing dDepartment will advertise in a publication of general circulation in the county announcing the program and the availability of funds for rehabilitation services. 2. The financial administration and housing dDepartment will contact local non-profit, community-based organizations in the county through outreach activities to locate potentially program participants. I. Collier County Ordinance No. 93-19 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, and maintains, through a minimum of one-third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. 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." 3. The Collier County Code Enforcement Department wtH can refer potential clients that have been cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended, to the financial administration and housing eDepartment. The financial administration and housing dDepartment 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 of paragraph (b), below. (2) Applicant eligibility criteria. a. All applicants in this program must have fee simple ownership of the single-family dwelling unit for which residential rehabilitation services are requested. Page 2 of 28 Underlined text added; strike tlmmga text is deleted I. 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. b. Accepting and processing applications for rehabilitation services: I. All potential participants must complete the program application entitled "Form '.\', Collier County Residential Rehabilitation Program Preliminary Application. "Application for Housing Assistance. " 2. The preliminary application form shall be used to document the general information regarding the potential participant which will include, but not be limited to, ownership status, number of residents living in the housing unit, previous residences, employment history, and bunk and credit references and history all financial assets owned by the households. 3. The preliminary application must be signed by all parties with an ownership interest in the property. 4. "Form .\, "Collier County Residential Rehabilitation Program Preliminary .^..pplication "The Application for Housing Assistance shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. c. All potential participants must sign the complete "Form 'H', ~Residential Rehabilitation Applicant Income Certification." I. The income certification form shall be completed by potential participants to determine, in part, the income eligibility of the individual(s) and the houseHold applying for the program. s.H.I.P. income certification. This form is required documentation for anv program utilizing the S.H.J.P. monies as a funding source. Information contained herein relates to anticipated household income, assets. and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. 2. 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. 3. Adequate documentation may include, but not be limited to, the most recent year's federal income tax return. 4. Failure to disclose and report all sources of household and family income during this process will result in disqualification for a residential rehabilitation loan. ~ If applicant is approved for participation in this program, any and all loan fHnds 'Hill become due and payable immediately upon written notice delivered by certified mail v.here such unreported income is documented by the program administrator. a. i. "Form B, "Residential ReHabilitation .^..ppI iC8:flt Income Certification" The S.H.I.P. income certification shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. 6. 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. savinj;!s. stocks, bonds and other forms of Page 3 of 28 Underlined text added; striJm tl1rol:Jga text is deleted capital investment, excluding interests in Indian trust land and equity in a housing cooperative unit. d. All potential participants must complete either "Form 'C', Residential Rehabilitation l\pplicant .^..sset Certification" or "Form 'C I " Residential Rehabilitation Program .'\sset Certification .'\ddcndum. " 1. "Form C, Residential Rehabilitation ,'\pplicant Asset Certification" shall bo completed by all potential program participants who moet the follo'.ving criteria in order to determine initial income eligibility. 1. f..ny homeo.....ner whose assets exceed $5,000.00 (incl1:lding all family members or other individuals residing in the house to be rehabilitated); and 11. }..ny homeowner '",hose home FRay be rehabilitatod .....ith funds from uny funding source other than Hurricano Andre,." ,\ssistance or SHIP. 2. This certification must be completed so as to include asset information for all residents of the housing unit and all members of the family lmit. 3. For those homeowners 'Nhose home ".vill be rehabilitated exclusiyely with funds from the SHIP program and '",hose assots do not exceed $5,000.00, the form entitled "Form C 1, Residential Rehabilitation Program Asset Certification .^..ddondum" shall be completed. 1. S1:lch certification shall be applied to and must include tho ussets of all family members residing in the d'.velling unit. 1. Both "Form C, Residential Rehabilitation Program .^..sset Certification" and "Form C 1, Residential Rehabilitation Program ,\sset Certification }~ddendum" shall be maintained as part of the permanent program file for each homeo',vner making application to the Collier County Residential Rehabilitation Program. 5. 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 fDrms of capital in',estment, excluding iflterosts in Indian trust lund und equity in a housing cooperative unit. e:- d. All potential participants must provide adequate information so that "Form 'D', a current "Third-Party Verification of Employment form" can be completed in a timely manner by their employer. I. Potential participants must complete and sign Part I, .\pplicant Information and Part II, Employer Information, \vhich includes the nume and address of their current employer the form's authorization portion. Applicants must provide their employer's name, address, phone number and contact information. 2. Employer must complete Part III the Third Party Verification of Employment Information form, and sign the document, and return the document by mail or personal delivery fax to the financial administration and housing dDepartment. 3. Applications will not be considered complete until the verification of employment form has been signed and delivered to the Collior County financial administration and housing Department. r. Collier County Financial ,\dministration and Housing Dopartment shall provide an addressed, stamped envelope to be utilized by the employer to returfl the verification of employment form to the Financiul .^~dministration und Housing department. Page 4 of 28 Underlined text added; strike tar0Hga text is deleted it;!. Third Party Verification of Employment Information It forms returned to the Fin8:fleial :\dministratiofl and Housing dDepartment by potential participants will not be accepted for use in the program. 4. "Form 'Dr, Verification of Employment" 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 Residential Rehabilitation Program. f. e. Where a potential program participant is unemployed at the time that application is made to participate in the Collier County Residential Rehabilitation Program, the form entitled "Form E, Unemployed Affidavit" shall be completed, signed, and notarized by the applicant. I. If an individual becomes employed during the course of the program application process, the individual must report said employment to the Collier County financial administration and housing dDepartment within ten working days, excluding holidays and weekends, and complete "Form D, a new Third Party Verification of Employment form,.!!. referred to in section 111 72(b)(5), above. 2. "Form E, The Unemployed Affidavit.!!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. go f. If potential participant~ or any member of the household is receiving any form of public assistance, the form entitled "Form F, Third Party Verification of Benefits" must be completed as part of the application process. I. 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. 2. The "verification of benefits" form must include all sources of public assistance funds for all household members. 3. "Form F, The Verification of Benefits form.!!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. h. For individuals or families whose d'.velling unit vIas damuged by Hurricane ,\ndrev;, the form entitled "Form .^~ I, Homeov/ner Hurricane Damage Certification" shall be completed and signed by the homeov.ner and 8:flY co o......ner. 1. Completion of the damage certification form by a potential program participant shall initiate the inspection process by the County Code Enforcement Department or the City of Naples Building Division. 2. "Form j\ 1, Homeo'.vner Hurric8:fle Damage Certification" shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. t. &. Other verification forms may be developed and used from time to time by the Collier County financial admiHistration and hOliSiHg dDepartment 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 Page 5 of 28 Underlined text added; strilce tarol:Jgh text is deleted Benefits, Worker's Compensation. State and Private Retirement Benefits, annuities. disability or death benefits. and severance payments. I. Refusal by an applicant to provide information to the Collier County financial administration 8:fld housing dDepartment 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 Collier County financial administration and housing dDepartment will maintain a program file for each prospective program participant that will contain all related participant applications, verifications, references, credit histories, and other related documents. b. Collier County Financial .\dministration and Housing operational support and Housing Department (OSH) will determine y:hether each applicant meets the income eligibility criteria for the program set forth in the document entitled "Form G, Household Income Survey Form for Rehabilitation Program. " I. The income eligibility criteria used on this form shall be Mpdated on an annual basis to reflect the most recent median income data as established by the U.S. Department of HOMsing und Urban Development. 2. "Form G, HO\:lsehold Income Survey Form for Rehabilitation Program" shall be maintained as part of the permanent program file f{)r each homeovl'ller muking application to the Collier County Residential Rehabilitation Program. e. b. Applicant eligibility determination shall include a review of each applicant's credit history mortgage payment history for a 12-month period. I. Each applicant and co-applicant must sign an "Form H, Release and Consent for Third Party Verification." "Authorization for the Release of Information" form. 2. Use of this form is restricted to the Collier County Financial f..dministration and Housing Department, its grantors, or a participating local financial institution, as required and permitted by law. 3. "Form H, Release and Consent for Third Party Verification" 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 Residential Rehabilitation Program. th c. Applicant eligibility determination shall include verification of applicant's ownership of the property to be rehabilitated and disclosure of mortgages to lending institutions. 1. Where an applicant owns title to the property to be rehabilitated, applicant shall provide a copy of the property deed to the Financial f~dministration and Housing dDepartment. 1. The financial administration and housing dDepartment shall be permitted to obtain a copy of the deed by which applicant acquired title of the property to be rehabilitated from the public records of Collier County. 11. Where no such public record exists, it shall be contingent upon the applicant to demonstrate ownership of the property for which application is being made. 2. All applicants must provide adequate information so that "Form I, the "Verification of Mortgage or Deed of Trust" form can be Page 6 of 28 Underlined text added; strike tafOl:lga text is deleted completed by any lending institution holding a note on the property to be rehabilitated. 3. Applicants must complete Part I, Applicant Information and Part II, Lender Information, which includes the name and address of any lending institution holding a note on the property to be rehabilitated. I. If no lending institution holds a mortgage, applicant must designate such information on "Form I, the Verification of Mortgage or Deed of Trust~ form. 4. If applicable, the lending institution must complete Part III, Mortgage Information, and return the signed document to the Collier County financial administration and housing dDepartment. l. If applicable, the Collier County financial administration and housing dDepartment shall provide an addressed envelope to be utilized by the lending institution to return or via fax to the OSH fax number. "Form I, the Verification of Mortgage or Deed of Trust~ form to the Collier County financial administration and housing dDepartment. 11. Completed Verification of Mortgage or Deed of Trust, Part III forms that are delivered to the financial administration and housing dDepartment by program applicants will not be accepted for use in the residential rehabilitation program. 5. "Form I, 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 Residential Rehabilitation Program. e. d. Each applicant must meet the following criteria: I. Homes less than 12 months do not qualify under this program Homeowners must have made 12 monthly mortgage payments on their current homestead property to qualify under this program. 2. Rehabilitation including construction and emergency repair of affordable housing qualifies under the program. For purposes of this section, rehabilitation means repairs or improvements which are needed for safe and/or sanitary habitation, correction of code violations, creation of additional living space, or addition of handicapped accessible items. 3. Loans are limited to a maximum of $15,000.00 per household. 4. Mortgages on the property must be current for the most recent 12- month period. 5. The properties must have a homestead exemption through the Collier Count v Property Appraiser's Office. f:. e. Each potential participant shall be sent a letter from the Collier County financial administration and housing dDepartment notifying them whether they meet the eligibility criteria established herein. 1. In cases where a potential participant is determined to be ineligible, the reasons for this determination shall be set forth in the notification letter to the potential participant(s). 1. Any such negative determination of eligibility shall be mailed to the applicant by certified mail within three days of such determination. 2. Potential participants who have been determined to be ineligible shall be given the opportunity to correct or explain in greater Page 7 of 28 Underlined text added; strike tarough text is deleted detail any information that resulted in, or affected the negative eligibility determination made by the financial administration and housing dDepartment. 3. The program administrator Department Director or his/her designee shall have the authority to make a final determination regarding an applicant's compliance with the requirements for third party verification. 4. The program administrator 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 Residential Rehabilitation Program. 5. Such determination shall be kept as a permanent part of the applicant's program file. Sec. 114-73. Determination of corrective action. (a) [Generally.] Determination of corrective actions by aft i! inspecting department or division Rehab Specialist may occur pursuant to this section 114-73 after an application to the Collier County Rehabilitation Program has been submitted by an individual homeowner. (I) Determination of corrective actions may be conducted prior to an applicant's receiving a final determination of eligibility from the Collier Count)' Financial Administration and Housing dDepartment. (b) UnincBrfJor-r:ltctl Callier Cmnt)' Inspection. (I) The Collier County Rehab Specialist will conduct and complete the initial inspection of a dwelling unit under this program within ten working days of notification of a homeowner's participation in the Collier County Residential Rehabilitation Program by the Collier Cmmty Financial Administration and Housing dDepartmen!. a. Initial inspection will determine if there are deficiencies and/or violations of the Collier County Housing Code Ordinance, Ordinance No. 89 06, as amended. under HUD Housing Quality Standards (HQS). 1. The code enfor-cement department may pursue enforcement action against individuals or property owners 'where housing code violations are found. b. Collier County will document the results of the initial inspection on the code enforcemcnt department's form HOS standards form. entitled "Inspection Report, Minimum Housing Code Ordinance 89 06." This form may also be referred to as "Form J" for use in this program. I. ,^.. copy of the signed, completed inspection form will be provided to the housing and urban improvement department within three \vorking days of the completion of the inspection by the code enforcement dopartment. ~. .L. "Inspection Report, Minimum Housing Code" The HOS standards form Ordinunce 89 06"shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. c. Collier County . shall identify and prioritize code ';iolationsthe 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. 1. Health and safety housing code violations shall be given priority by contractors over any cosmetic rehabilitation work during inspection, bid preparation, and provision of rehabilitation services. Page 8 of 28 Underlined text added; strike tarough text is deleted 2. It shall be the responsibility of the contractor Rehab Specialist, in consultation with the homeowner, to determine and prioritize rehabilitation services beyond immediate health and/or safety concerns which are identified and prioritized by the Collier County Code Enforcement Department HQS inspection report. d. The signed and completed code enforcement HQS inspection report department inspection report will provide the basis for contractors to complete the form entitled "Form K, Collier County Residential Rehabilitation Program Work 'Nrite Up." "Collier County Residential Rehabilitation Pro!!ram Bid Specs." (c) City of N&f3lcs. (1) At the city's discretion, either tl:1e City of Naples Building Di';ision or Collier County will conduct and complete the initial inspection of d':lelIing units under this program 'Nithin ten 'Jlorlcing duys of notification by Collier County Financial Administration and HO\:lsing Department of a homeowner's participation in the Collier County Residential Rehabilitation Program by the Collier County Financial }..dministration and Housing Department '.vitl:1in the incorporated boundaries of the City of Naples. a. Initial inspection ',vill determine if there are deficiencies and/or violations of the City of Naples Housing Code Ordinance, Ordinance No. 92 6621, as amcmded. 1. The City of Naples Building Division may pursue enforcement action against individuals or property own(s) where housing code violations are found. b. City of Naples Building Division or Collier County Code Enforcement Department inspectors will document tl:1e results of the initial inspection on the form entitled "Form L, City of Naples Inspection Report" or some other standard form which may be developed for use in this program. I. f.. copy of the signed, completed inspection form will be pro'lided to the Collier County Financial ,\dministration and Housing Department within three "'Iorking days of the completion of the inspection by the inspecting diyision or department. 2. "Form L, City of Naples Inspection Report" shall be maintained as part of the permanent program file for each homeovlner making application to the Collier County Residential Rehabilitation Program whose residence is located ..vithin the city boundaries. c. City of Naples Building Division, or other inspecting entity, shall identify and prioritize code violations on earh d'.velling unit so that rehabilitation services ran be directed at elimination of any pressing and immediate safety and/or health COflcern. 1. Health and safety housing code violations shall be giyen priority by contractors o'/er any cosmetic rehabilitation v;ork during inspection, bid preparation, and provision of rehabilitative sorVIces. 2. It shall be the responsibility of the contractor, in consultation '.'lith the homeowner, to determine and prioritize rehabilitation services beyond immediate safety and/or health concerns ',vhich are identified and prioritized by the City of Naples Building Division, or other inspecting entity. d. The signed and rompleted inspection report will provide the basis for contractors to complete the form entitled "Form J, Collier County Residential Rehabilitation Program 'H ork 'Nrite Up. " W ~ Contractor's initial inspection. ( I ) The contractors selected by the owner of the property or pre qualified by the county as described in section 114 74(c)(4)shall conduct a Page 9 of 28 Underlined text added; strike thfOl:lga text is deleted professional inspection of any eligible dwelling unit in order to determine the need for any rehabilitation v;ork that goes beyond correction of housing code violations as determined on the HOS and the Collier County Residential Rehabilitation Program Bid Specs. a. Any such rehabilitation work that may go beyond the minimum requirements of the City of Naples Housing Code Florida Building Code shall be documented and noted on the work write- up form by the inspecting contractor. b. The contractor shall document estimated material requirements and unit labor costs for installation of materials on the work write- up form. I. The work write-up form shall include any estimates of cost for the materials and work that must be completed to correct all county and/or city housing code deficiencies found during the initial inspection. 2. The work '.vrite up Collier County Residential Rehabilitation Program Bid Specs femt shall distinguish between estimates of material and labor for correction of code violations and any additional rehabilitation work which the contractor identifies as a result of his/her inspection of the dwelling unit. c. The completed 'Norle .."rite up form Collier County Residential Rehabilitation Program Bid Specs will serve as the basis for bids from pre qualified contractors and contractors selected by the owner which will address all 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. d. A copy of the signed, completed work ",..rite up form Collier County Residential Rehabilitation Program Bid Specs will be provided to the homeowner and the Collier County Financial .^..dministration und Housing dDepartmen! within #H=ee ten working days of the completion of the inspection by contractor. See. 114 74. C9RtFaet9Fs fJFe t}ualifieEl hy the e9uRty. (a) Solicitatien of contfflctSl'S by CSNnt)' far participtUien in the Callier CSNl'lt)' Residential Rehabili1tiltien PfflgfflH'l. (1) The Collier COllnty Purchasing Department, in tandem ',!,ith the Collier COl:lRty Financial .\dministration and Housing department \vill formally solicit qualifications and related information from various contractors and pre quulify contractors. (2) Communicating program procedures and guidelines to contractors. u. Program procedures for inspectioFl of premises, submission of bids for individual residences, notice of commeFlcement, and methods of payment for services will be outliFled and pro'/ided to potential participating contractors at a mandatory pre qualification meeting cOflducted by the Collier County Financial .\dmiAistration and Housing Department and thc Collier County Pl:lfchasing Department. (3) E','ery effort will be made to include miFlority businesses in the program. (1) The formal solicitatioFl will include a description of the program, its purpose, and the nature and scope of the work that may be performed in the course of the program. u. Interested contractors '.vill submit responses to the formal solicitation to the purchasing departmeFlt. Page 10 of 28 Underlined text added; strjl((~ throl:Jga text is deleted b. The responses '",ill be e';aluated by a staff selection committee \vhich will submit a recommended list of pre qlialificd contractors to the board of county commissioners for approval. c. Responses to the solicitation shall inclHde, but not be limited to, the following documentation: I. County and/or city occl:lpationallicenses. 2. Current certificates of insurance to includc: I. Current liability insur8:flce certificate. Il. Current 'Horkmcn's Compensation certificate. 3. Contractor application. 1. References from: 1. Two major suppliers from whom construction materials have been purchased. 11. Local financial institHtions thrOl:1gh ,-,..hich credit has been established. Ill. Individuals (including address, phone numbers, and dollar vallie of jobs) for ',vhom v;ork has been recently completed. d. }. resolution ..vill be presented to the board of cOl:lnty commISSIOners ',vhich .....ill authorize the chairman of the Collier County Board of County Commissioners to commit the county to a contractuul relationship with each qualified firm for the perform8:flce of rehabilitation services. This contract '.vill authorize qualified firms to submit bids for 8:fld perform residential rehabilitation 'Node and scrvices for qualified program participants. 1. The resolution presented to the board of county commissioners for pre qualification of contractors 'Nill pertain to all contractors fuvorably evaluated or meeting the criteria utilized by the staff selection committee. e. Bids may be sl:lbmitted to perform rehabilitation .....ode under this program by pre qualified contractors. (b) Rcservcd. (c) Centractue.l rcl:e.tis1'/.ship hctllJcen Callier CGbll'tty e.nd cantre.ct-ers. ( I ) Each pre ql:lalified contractor must enter into a contract '.vith Collier County to perform residential rehabilitation ser'lices and participate in the program. a. The Collier County Purchasing Department... in tandem with the Collior County :\ttorney's Office shall establish the appropriate form of contract betv,'een the pre qualified contractors and the county. 1. The contract I:ltilized upon approval by the Collier County Purchasing Department and the Collier County t^..ttorney's Office which may be amended administratively from time to time, shall be attached hereto and entitled "Contract C 1, 2 .'\greement and General Specifications. b. Entering said contract is not a guarantee to contractor that work will be a'.varded to contractor for the residential rehabilitation program. I. The contract provides the contractor the opportl:lnity to participate in a competitive bid process to provide residential rehabilitation services for each eligible program participant. 2. Contracts to provide residential rehabilitation services will be awarded in accordance with Collier COl:lnty's Purchasing Policy. Qualitative factors including, but not limited to, the proposed time Page II 01'28 Underlined text added; strike throllga text is deleted of completion for a projeet and any in kind contributions offered in tHe bid \vill also be eonsidered in the evaluation process. c. "General specifications" found in Contract C I shall serve as a guide to contractors and their subcontractors for preparing bids, seleoting materials, and performing work under the residential rehabilitation program. I. "General specifications" address: 1. Materials and '.Vorkmanship General; 11. Interpretation; 111. General conditions; and IV. Specifications, which addresses reHabilitation work and materials eligible for reimbursement under program guidelines including: a) l\luminum a''vnings and canopy; b) ;\ppliances eleetrical and gas; c) Blacktop/parking areas; d) Cabinets; e) Fencing; f) Concrete work; g) Doors and windows; h) Electrical; i) Floor and eoyerings; j) Gutters and dO';lllSPOutS; k) Ins\:I!ation; I) Landfill; m) Painting; n) Plumbing; 0) Roofing; p) Soffit and eaves; q) Solar energy system; r) Termites; s) Tree removal; t) Vents and cra'.vl space access; u) Exterior 8:fld interior walls 8:fld ceiling finishes. IV. Contraetors and firms may be placed on the list of eligible, pre qualified contractors after the initial set of eligible contractors has been established only upon meeting all of the following requirements: a) Contractor must meet all of the reqMirements contained and established in the initial program bid documents. b) Contraetor must be approved and formally added to the list of pre qualified contractors by the Board of County Commissioners. (2), (3) Rcscr'P'cd. Page 12 of 28 Underlined text added; strike tArouga text is deleted ( 1) The financial administration and housing department will mail notices to all pre ql:lalified contractors soliciting bids for eligible dVlelling units based on the results of inspections conducted by the Collier COI:mty Code Enforcement Department or the City of Naples Bl:Iilding Di';ision and documented on each jurisdiction's "Inspection Form. a. Pre qualified contractors will have a maximum of fourteen (14) calendar days from the date that the request for bids for an individual project is mailed to complete and submit the work write lip, in accordance v/ith section 111 73(d) b. form and a complete project bid to the Collier County Purchasing Department. I. .\ny bid shall detail the individual cost to correct each Code violation cited by the inspecting department or division and shall address: I. Labor costs. II. Material costs. (5) Evah:lation of bids. a. In evaluating all bid prices, the county reserves the right to compare all bids submitted for rehabilitation v;ork under this program to the f-ollm.ving gl:Iidelines: I. Labor costs should favorably compare to the most recent edition of The Building Estimator's Reference Book, \Villiam H. Spradlin, Jr., ed. (Chicago, IL: Frank R. '\Talker Company). I. .\ny labor cost that is not covered in this ref'0rence must be explained by the contractor and be broken down by unit cost for the particular service performed. b. .\ copy of the bid document sl:Ibmitted by the contractor '.vho is awarded the contract for an individual d..velling linit shall be provided to the county clerk finance department to ensure that puyments mude to contractors reflect costs included in the bid. Page 13 of28 Underlined text added; strike tarol:Jgh text is deleted rehabilitation serVIces under Collier County Residential Rehabilitation Program. b. Collier County Board of County Commissioners shall be named on the Notice of Commencement as "Lender. " c. Collier County Financial .^..dministration and Housing department shall be named on the notice of commencement as "Persons ,:..ithin the State of Florida designated by o':lller upon '/lhom notices or other documents may be served" as provided by F.S. ~ 713.13(1 )(a)7. d. Collier County Clerk Finance Department shall be namcd OR the Notice of Commencement under "8. In addition to himself, OV/ner designates .. . to receive a copy of Lienor's notice" as provided in F.S. ~ 713.13(1)(b). (c) H.wncowncr/c81'ltractor rclati81'lship. (1) One standard program contract shall be used and signed by the homeov:ner(s)/program applicant(s), and the contractor selected to perform the weRt- a. Program Contract C 2 entitled "Contract C 2, Contract for Rehabilitation of Owner Occupied Dwelling Unit" I. The "Contract for Rehabilitation of Owner Occupied D\velling Unit" shall include, but not be limited to, the follo'.ving elements: I. 11. Ill. I" , . v. '11. YIl. 'Ill 1. IX. X. Xl. XlI. Xlll. XIV. xv. XVI. XYII. XYlll. XIX. XX. XXI. XXII. XXlll. Scope of \vorle; Contract sum, "..hich includes the total contract price; Commencement of work/notice to proceed; Time 8:fld liql:lidated damages; Delays and extensions of time; Contract documents, including but not limited to the contract for rehabilitation of OWRer occupied dwelling unit, the work write up, and any appro"ed change orders directing modifications; Complaints and disputes; Public liubilitylbuilder's risk and workmen's compensation Insurance; O',vncr's liability/loss of insurance; Equalopportl:lnity; Use of existing utilities by contractors and/or pro':ision of temporary services of site; Contractor supervision of employees; Maintenance of premises; Occupancy of the premises; Inspection of work; Change orders and modifications; Guarantee of work; Lead based paint certification; Conflict of intcrest; Compliaflce '."itA. local codes and ordinances; Assignment and transfer; Termination; Severability; Page 14 of 28 Underlined text added; strike throHga text is deleted XXIV. Conflicting provision; xxv. Waiyer; XXVI. Modification; XXVII. Illegal or unconstitutional provisions; xxviii. Hold harmless and indemnity; XXIX. l\nti discrimination statement. 2. .^. copy of "Contract C 2, Contract for ReHabilitation of Owner Occupied Dwelling Unit" shall be maintained as part of the permanent program file fDr each flomeO'.vner making application to the Collier County Residential Rehabilitation Program. 3. "General specifications for Rehabilitation and Home Repair" '.vhich are included as part of the Contract document efltitled "Contract C 1, .^.greement for Services" between contractor(s) and Collier County shall guide and proyide direction to any and all contractors and sl:lbcontractors for materials purchased and installed under this program. (d) CBntmcrer/sblhcfJntr-Elcter l'clatifJnship. (1) Contractor shall providc the Collier County Financial .^..dministration and Housing department 'Nith a project bid whiCH shall include: a. .^. list of all subcontractors performing work under contract, or otherwise, for each dwelling unit that contractor provides rehabilitation services. b. i\ breakdo',vn of projected labor and material costs for each subcontractor performing rehabilitation work on a particular dwelling unit. (2) Contractor is responsible for maintaiRing appropriate v;ork quality by any and all subcontractors used to complete a rehabilitation project. (3) Contractor shall require each of its subeontractors to procure and maintain, until the completion of the subcontractor's ':lode, insurance of the types and to the limits specified for contractor in "Contract C 1, }..greement" and "Contract C 2, Contract for Rehabilitation of OVlner Occupied Dwelling Unit," unless such insurance requirements for the subcontractor are expressly v.'aiyed in v,Titing by Collier County. .\llliability insUf8:flce policies, other than professional liability, \\'orlcer's compensation and employer's liability policies, obtained by contractor to meet the requirements of the "Contract C I, .^..greement" und "Contract C 2, Contract for Rehabilitation of O'llller Occupied Dwelling Unit" shall nume the owner and Collier County as additional insured and shall contain severability of interest provisions. If any insurance required expires prior to the completion of thc work, rene'.val certificates of insurance aRd, if requested by o\vner, certificd true copies of the renewal policies shall be furnished by contraetor ':lithin 30 days prior to the date of expiration. (1) Contractor shall obtain a signed original of "Form M, Waiver of Lien to Date" from all Subcontractors performiRg '....ode OR u d'.'lelling unit prior to submitting u "Form U, Request for Inspeetion." a. f..ll subcontraetor v;aiyers of lien are reql:lired to be submitted \vith any contractor's request for payment. b. Contractor ml:lst submit all waivers of licn with a reql:lest for payment to the Collier County Financial .^..dministration and Housing department. (e) Performance of FChahilitatien wfJrk 13)' centmcrer arul sblhcentmcrers. (I) Materials to be purchased and installed shall conform to the minimum material standards found in "General Spccifications For Rehabilitation aRd Home Repair" us incorporated in "Contract C 1, .^..greement for Serviccs". u. Materials that are equivalent(s) in quality and life cycle may be substituted. Page 15 of 28 Underlined text added; strike tarol:lgk text is deleted b. f..ny substitutions of materials that occur after a contract has been completed and appro'led shall require a change order, except vlhere a particular item is no longer available. I. .'\ny change order(s) for substituted materials must be approved and signed by the homeowner and the program administrator or his/her designee prior to installation for the material to remain an eligible expenditure. c. Material specifications may be ehanged administratively, from time to time, to reflect changes in markets and technological improvements in material composition. (2) All "'lork performed by any contractor(s) and its sMbcontractor(s) shall be in accordance with: a. The inspeetion report completed und s\:lbmitted by the Collier County Code Enforcement Department of the City of Naples Building Division. b. Bid documents sHbmitted by the contractor on "Form K, Program 'IV ork 'Nrite Up" and any supplemental plans submitted in conjunction "'lith this femr. c. The scope of '.vork established and agreed to by the parties in "Contract C 2, Contraet for Rehabilitation of Ovmer Occ\:lpied D.,w,'elling Unit. " d. The program docl:lment entitled "General Specifications for Home Repairs and Rehabilitation. " (3) .^..Il work performed by any contraetor(s) and their sl:lbcontroctor(s) must conform to the reql:lirements of: a. Collier County Housing Code, OrdiR8:flce No. 89 06, as amended; b. The City of Naples Housing Code, Ordinance No. 92 6621, as amended; c. .\ll construction industry eodes referred to in the above referenced county and city codes, as amended; d. "General Specifications for Rehabilitation and Home Repair; " e. All matorials and workmanship shall conform to the requirements of the Standard Building Code, 1991 edition, as amended. See. 114 75 Sec. 114-74. C8fttraet8Fs seleeted by 8Wfter Contractor selection. (a) Solicitation of contractors by owner. (I) The owner may obtain must solicit bids from at least 3 contractors and/or subcontractors.:. who are not pre qualified by the county as long as the owner solicits proposals uccording to the v/rite ups and inspections performed by the county or the City of Naples pursuant to section 111 73(d). The aggregate cost may not exceed $15,000.00. The bid shall detail the individual cost to correct each code violation cited by the inspecting department or diyision and shall uddress labor costs and materials costs. Labor costs should fa','orably compare to the most recent edition of The Building Estimator's Reference Book. \Villium H. Spradling, Jr. ed., (Chicago, IL; Frank R. 'Nalker Company). (2) The owner may select a contractor after the county receives the following documents: a. Copy of the bid~; b. County and/or city occupational licenses; c. Current certificates of insurance with coverage for: I. Current liability insurance; 2. Current workmen's compensation; 3. Current business auto liability. Page 16 of28 Underlined text added; stril(e tHrough text is deleted (3) The contractor is an independent contractor and shall not be deemed an agent, employee or partner of the county. (b) Administration of residential rehabilitation. ( I ) A copy of the bid document submitted by the contractor who is awarded the contract for an individual dwelling unit shall be provided to the county clerk finance department to ensure that payments made to contractors reflect costs included in the bid. (2) Notice to proceed. a. The awardee will receive a notice to proceed when: I . The homeowner has executed and recorded the second mortgage. 2. The homeowner has executed the promissory note. 3. The homeowner has signed "Contract C-3, Performance Agreement" with Collier County. b. The official notice to proceed will be issued in a formal letter from the Financial }..dministration and HousiHg eDepartment. c. A supplemental proceed order will be issued to the contractor through the Collier County Financial l\dministration and Housing dDepartment on "Form Q. Proceed Order." the Contractor's Awards Letter. This program form '.vill provide a start date and a completion date for the particular project and must be signed by the homeo.....ner, the contraetor, and the director of the Collier County Financial Administration and Housing Department. d. "Form Q. Proceed Order" The Contractor's Award letter shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. (3) Notice of commencement. a. Notice of commencement must be filed by contractor pursuant to the requirements of Chapter 713, Florida Statutes, for each dwelling unit receiving rehabilitation services under the Collier County Residential Rehabilitation Program. b. Collier County Board of County Commissioners shall be named on the notice of commencement as "lender." c. The Collier County Financial i\.dministration and Housing dDepartmen! 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(l)(a)7. d. Collier County Clerk Finance Department shall be named on the notice of commencement under "8. In addition to himself, Owner designates. . . to receive a copy of Lienor's notice" as provided in Section 713 .131 (1 )(b), Florida Statutes. (c) Monitoring for rehabilitation/emergency home repair. ( ] ) Information regarding the nature of the work to be performed will be obtained through the use of preliminary building inspections required by the 4Department of financial administration and housing. A copy of said inspection will be maintained in the owner's permanent file. Health and safety housing code violations will be given priority by the contractors over any cosmetic rehabilitation. (2) The owner will be responsible for the selection of the licensed contractor who will perform the repair work. The selected contractor must supply a detailed 'Norle write up bid specification to the owner containing an itemized listing of material and labor costs. This work v;rite up bid specification is to be approved by the owner and a representative of the aDepartment of financial administration Page 17 of28 Underlined text added; strike taro ugh text is deleted and housing prior to the commencement of rehabilitation. A copy of the approved work ""'rite up bid specification will be maintained in the owner's permanent file. The monitoring of the work will be the responsibility of the owner. Contractual agreements will be executed between the owner and the contractor. The dDepartment of financial administration afld housing will maintain a copy of the signed contract to be kept in the owner's permanent file. (3) All work performed by contractor(s) and its subcontractor(s) shall be in accordance with: a. The inspection report completed and submitted by the Collier County Code Enforcement Department or the City of Naples Building Division. Rehab Specialist. b. Bid documents submitted by the contractor on "Form K. Program 'V ork 'Vrite up" the Bid Specification and any supplemental plans submitted in conjunction with this form. (4) All work performed by any contractor(s) and their subcontractor(s) must conform to the requirements of: a. Florida Building Codes and +fie Collier County Housing Code, Ordinance No. 89-06, as amended; and b. The City of Naples Housing Code, Ordinance No. 92 6621, as amended; &.- b. All construction industry codes referred to in the above referenced county and city codes, as amended.;..:. d. All materials and workmanship shall conform to tbe requirements of the Standard Building Code, 1991 edition, as amended. (d) Required documentation for rehabilitation/emergency home repair. The following documents are required of all eligible households for repair loans: (I) Rehabilitation/emergency home repair ~vork write blp 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 dDepartment ef financial administration and housing prior to the commencement of any repair work. A signed copy will be provided to the owner and to the county purchasing aftd finance departments. Loans granted under this program, but are limited to a maximum of $15,000.00 per household (2) 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 tRe mvner and to the department of finance. (3) Promissory note. This note will be used specifically for the loans granted under the rehabilitation/emergency home repair program. A copy of the note will be maintained in the owner's permanent file, and will also be sent to the department of finance. The original, executed note will be kept on file in the dDepartment ef finuncial administration and housing. (4) 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 dDepartment of financial administration and housing. Copies will also be made available to the owner and the department of finance. All fee's associated with the recording of this document will be paid by the ewfl:ef Department. (5) Waiver of lien. Upon completion of the repair work, the contractor will be required to execute a waiver of lien. No payments shall be disbursed until the dDepartment of financial administration and housing receives the waiver of lien, a satisfactory inspection report and the itemized contractor's invoice. See. 114 76. Sec. 114-75. Contractual relationship between Collier County and program participant(s). Page 18 of 28 Underlined text added; strike throl:Jga text is deleted (a) Program participant(s) must meet income and program eligibility guidelines as set forth in section(s) 114-72(b) and (c), above. (b) Applicant(s)/homeowner(s) is/are responsible for reporting any change of income to Collier County financial administration and Housing Department the dDepartment within ten working days of any change so that closing of a residential rehabilitation loan is not unduly delayed. (I) Changes in individual, household, and/or family income shall require that "-FeTm B-; Applicant Income Certification" be completed and recertified by homeowner(s). a. Third party verification shall be completed prior to closing a residential rehabilitation loan and executing "Form 0, the Second Mortgage~ and "Form P, the Promissory Note.~ (c) Program participant(s) (i.e., homeo'Nner, and co owner '.vhere applicable) must execute "Form 'N', .^..ffida,..it of No Income Change" prior to closing the Residential Rehabilitation L08:fl and executing "Form 0, Second Mortgage" and "Form P, Promissory Note." td1 if} Program participants must execute a second mortgage as a security interest to finance the costs of rehabilitation work performed on the program participant's dwelling unit. (I) The secondary mortgage must be executed on "Form 0, the Second Mortgage~ or on a substantially similar document that has been approved by the Collier County Office of the County Attorney. (2) 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. (3) The second mortgage shall set forth the obligations of the borrower(s), lender(s), mortgagor(s), and mortgagee(s) and shall include, but not be limited to, the following uniform covenants: a. Payment of principal and interest; prepayment and late charges; b. Funds for taxes and insurance; c. Application of payments; d. Charges; liens; e. Hazard or property insurance; f. Occupancy, preservation, maintenance and protection of the property; borrower's loan application, leaseholds; g. Protection of lender's rights in the program; h. Mortgage insurance; 1. Inspection; J. Condemnation; k. Borrower not released, forbearance by lender not a waiver; I. Successor's and assigns bound; joint and several liability co-signers; m. Loan charges; n. Notices; o. Governing law; severability; p. Borrower's copy; q. Transfer of the property or a beneficial interest in borrower; r. Borrower's right to reinstate; s. Sale of note; change of loan service; t. Hazardous substances; Page 19 of 28 Underlined text added; strike tarol:Jga text is deleted u. Acceleration; remedies; v. Release; w. Attorney's fees; x. Rider's to the security instrument. (4) Mortgage dollar amount(s) shall be limited by and shall not exceed: a. Program guidelines as established by program grantors; b. Bids for rehabilitation services as submitted by participating contractors. (5) Mortgage funds shall be disbursed pursuant to the terms of "Form P, the Promissory Note~ and/or "Contract C-3, Performance Agreement." (6) The second mortgage shall be recorded with the office of the collier county clerk of courts upon closing of the rehabilitation loan with the lending entity Department and the homeowner. (7) Upon closing, the Collier County financial administration and Housing Department will cover the costs of recordation of the mortgage instrument with the Collier County Clerk of Courts and documentary stamp tax. (8) No payment or disbursement of loan funds will be made or processed for the program participant/homeowner or the contractor until the Collier County financial administration_and Housing Department receives a certified copy of the recorded second mortgage document. (9) A copy of "Form 0, the Second Mortgage~ shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. W @ Program participants must execute a promissory note as a security instrument and promise to repay the second mortgage at the time that title to the property transfers to an individual or individuals other than borrower(s), or in accordance with the terms of the Form 0, Second Mortgage. (I) The promissory note must be executed on the "Form P, Promissory Note~ or on a substantially similar document that has been approved by the Collier County Office of the County Attorney. (2) The promissory note sets forth the obligations of the borrower, the lender, and the noteholder and shall include, but not be limited to, the following elements: a. Borrower's promise to pay; b. Interest; c. Payments; d. Borrower's right to repay; e. Loan charges; f. Subordination; g. Borrower's failure to pay as requested; h. Obligations of persons under this note; I. Waivers; J. Uniform secured note. (3) Homeowner must provide the Collier County financial administration and Housing Department with a copy of the document within three working days of signing by all involved parties. (4) No payment or advance of loan funds will be made or processed for the program participant/homeowner or the contractor until Collier County financial administration and HO\:lsing the Department receives a copy of the "Form P, Promissory Note~ from the homeowner. Page 20 of 28 Underlined text added; strike tllrol:Jgk text is deleted (5) A copy of "Form P, the Promissory Note.'.!. shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. fat ~ Program participants must execute the program document entitled, "Contract C-3, Residential Rehabilitation Program Performance Agreement." ( I) The performance agreement sets forth the obligations of the program participant with regard to the facts and purposes of the program which includes, but is not limited to: a. That program participant 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 program participant prior to and after completion of rehabilitation work to the dwelling unit; d. That several funding sources may be used to provide services under this program, and which programs may have different requirements regarding location of eligible dwelling units and use of funds; e. That the eligible dwelling unit must comply with the requirements of the Florida Building Code~ Collier County Housing Code, Ordinance No. 89 06, as amended; or if located vlithin the City of Naples, the l:lnit must comply with applicable sections of the City of Naples Housing Code, Ordinance 92 6621, as amended; f. That 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 any program funds: I. 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 any contractor performing 'Nork under this program shall be pre qualified by the county as per section 111 71 Contractors, above. fl..g" That all work performed by a contractor will be in accordance with the inspection report prepared by the Collier County Code Enforcement Department, or by the City of Naples Building Division, Rehab Specialist 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 program administrator Department Director or his/her designee on the form entitled "Form R, Residential Rehabilitation Program Change Order." hh. That access to the property and dwelling unit will be provided to county, city, or other appropriate personnel conducting inspections to determine interim progress and/or completion of work for any or all rehabilitation work performed with funds from this program. r-l:. 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 program personnel, including but not limited to inspectors. ki That owner/program participant shall execute the second mortgage, promissory note, or other instrument deemed appropriate for use in this program by the Office of the Collier County Attorney and pay for recording costs. hk. 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 be the sole responsibility of the homeowner/program participant. Page 2] of 28 Underlined text added; strike thrOl:lga text is deleted ffi71 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 Collier County finuncial administration and Housing the Department and the owner shall be the sole responsibility of contractor. ft:m. That program funds for rehabilitation shall be loaned to owner at zero percent interest and payment of the principal amount shall be forgiven at a rate of 33.3 percent every five years until the balance is zero, or deferred until such time that title to the property transfers to an entity other than the owner or they refinance their first mortgage. ~!l:. That owner shall occupy the rehabilitated residential unit as the owner/program participant's primary residence until a satisfaction of mortgage is recorded in the Public Records of Collier County, or shall be in default of this performance agreement, the required second mortgage, and the promissory note. fT.Q. That the maximum amount of the loan shall be the actual amount paid to the contractor, or $15,000.00, whichever is less. If the source of funding permits, the maximum amount of the loan may be extended to $15,000.00 needed to corrcct housing code violations of the Collier County Housing Code, Ordinance No. 89 06, as amended, or the City of Naples Housing Code, Ordinance No. 92 6621, as they may be amended from time to tiffle . tt:-Ih That if the residence or property is historically significant: 1. 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 2. Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance, Ordinance No. 91-70. r.g". That the performance agreement shall be enforced by Collier County through injunctive or any other legal remedy. (2) The Chairman of the Collier County Board of Cm:lllty Commissioners shall be authorized by resolution to ~;ign the performance agreement on behulf of tho county. t.31 ill A copy of "Contract C-3, Residential Rehabilitation Program Performance Agreement" shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program. See. 114 77. Sec. 114-76. Inspection(s) of rehabilitation work. (a) Interim inspections fer Code deficiencies. (I) Contractors are responsible for arranging interim inspections with appropriate county or city departments. (2) Interim inspections will be condHcted by Collier County Code Enforcement Department, or the City of Naples Bailding Diyision I in order to determine compliance of rehabilitation 'Nork \vith the or County Housing Ordinance, Ordinance No. 89 06, as amended, or the City Housing Code, Ordinance No. 92 6621, us amended. a. All work performed under the Collier County Residential Rehabilitation Program must conform to all state, county, and/or city code requirements to be reimbursed under this program. t.31 ill 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 Page 22 of 28 Underlined text added; strike tarouga text is deleted to the Collier County financial administration and housing eDepartment within three working days of completing each inspection. a. Each inspection form shall be maintained as a permanent part of each program participant's file. (-1) Interim inspections of premises may be made by the Collier County financial administration and housing Department, the Collier County Code Enforcement Department, the City of Naples Building Division, or by inspection personnel from a Collier County financial institution, '."hen such institution becomes an active participant in the Collier County Residential Rehabilitation Program. (5) f..ll rehabilitation work performed under the Collier County Residential Rehabilitation Program must conform to the requirements of "General Specifications" as incorporated in "Contract C 1, .\greement" as ...:ell as general industry ',vork quality standards for such work, in order to pass inspection(s) and be reimbursed under this program. (6) The Collier County Code Enforcement Department and/or the City of Naples Building Division shall be vested with the authority to make a final determination of conformance to Code requirements for all code related rehabilitation \vork performed under this program. (b) Interim inspections far Fchtlhilitation ',verk other thtln code deficicncies. (I) Interim inspections for other rehabilitation work '.vill be performed by Collier County Code Enforcement Department, or the City of Naples Building Division to determine if materials and '.vorkmanship comply 'Nith the requirements of this program as described in "General Specifications for Rehabilitation and Home Repair", if applicable, as '.vell as the requirements of the county 8:fld city for such weffi.:. (2) Copies of signed, completed inspection forms for any inspection(s) shall be provided to the Collier County financial administration and Housing Department within three working days of completion of the inspection. (3) Each inspection form shall be maintained us a permanent purt of each program participant's file. (-1) Interim inspections of premises may be made by the Collier County finaneial administration operational sHpport und HOHsing Department, the Collier County Code Enforcement Department, the City of Naples Building Di':ision, or by inspection personnel from a Collier County fin8:flcial institution, '.vhen such institution becomes an active purticipant in the Collier County Residential Rehabilitation Program. a. Such inspections may address, but are not limited to: I. Inspections prior to mediation bet'.v0en the homeo...:ner and contractor, 'Nhen needed; 2. Inspections to determine extent of work progress prior to approval for an interim, progress, or final payment to contractor. (5) All rehabilitation '.",ork performed under the Collier County Residential Rehabilitation Program must conform to the requirements of "General Specifications for Rehabilitation and Home Repair," if applicable, as well as general industry work quality standards for such work, in order to pass inspection(s) 8:fld be reimbursed under this program. (6) The program administrator shall be vested with the authority to make a final determination of ..vork completeness and work quality in the e':ent thut thero is disagreement among any of the parties. fef ill Final inspections for code deficiencics. (I) Contractors are responsible for arranging final inspections with appropriate county or city inspection departments. (2) Final inspections ',,,,ill be conducted by Collier County Code Enforcement Department, or the City of Naples Building Division in order to determine Page 23 of 28 Underlined text added; strike tkrough text is deleted compli8:flce of rehabilitation '.vork with the County Housing Ordinance, Ordinance No. 89 06, as amended, or the City Housing Code, Ordinunce No. 92 6621, as amended. a. .'\ll work performed under tHe Collier COImty Residential ReHabilitation Program must conform to all state, county, and/or city code requirements to be reimbursed under this program. ~ ill 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 homeowner and to the Collier financial administration and Housing Department within three working days of completion of any final inspection. a. Each inspection form shall be maintained as a permanent part of each program participant's file. ~ ill The Collier County Code Enforcement Department and/or tHe City of Naplcs Building Division Rehab Specialist 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. ~ 111 All rehabilitation work performed under the Collier County Residential Rehabilitation Program must conform to the requirements of "General Specificutions for ReHabilitation and Home Repair," the Collier County Operational Support & Housing Material Specifications 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. f6t-ill The program administrator 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. (d) Final inspectisnsfsr rehahiliffitisn werk other than cede deficiencies. (I) Final inspections for other rehabilitation "york ',viII be performed by Collier County Code Enforcement Department or the City of Naples Building Division to determine if materials and workm8:flship comply with the requirements of this program as described in "General Specifications for Rehabilitation and Home Repair," if applicable, as well as the requirements of the county and city for such weRr. (2) Copies of signed, completed inspection forms for all final inspections shall be provided to the Collier County financial administration and Housing Department '.vi thin three working days of completion of the inspection. (3) Each final inspection form shall be maintained as a permanent part of each program participant's file. (1) Final inspections of premises shall be made by the Collier County financial administration and housing Department, or by inspection personnel from a Collier County financial institution, when such institution becomes an actiyc purticipant in the Collier COImty Residential Rehabilitation Program. fr:@ Such inspections may address, but are not limited to: +:-w Inspections prior to mediation between the homeowner and contractor, when needed; ~ill Inspections to determine extent of work progress prior to approval for final payment to contractor; ~ffl Inspection to determine if all receipted, purchased materials have been installed; ~@ Inspection to obtain homeowner final sign-off and approval for final payment to contractor. (5) .'\ll reHabilitation work performed under the Collier Count)' Residential Rehabilitation Program must conform to the requiremeNts of "General Specifications for Rehabilitation and Home Repair," if applicable, as well as Page 24 of 28 Underlined text added; ~;trike tarol:Jgh text is deleted general industry work quulity standards for such '.York, III order to pass inspection(s) and be reimbursed Hnder this program. (6) The program administrator shall be vested with the authority to make a finul determination of work completeness and work quality in the event that thcre i~; disagreement among any of the parties. See. 114 78. Sec. 114-77 Methods of payment for rehabilitation work performed. (a) Performance bonds. (1) No performance bond shall be required to be posted by a contractor selected by owner or pre qualified contractor under this program. (2) In lieu of posting a performance bond, an amount equal to 20 percent of any interim progress payment '....ill be retained pending completion und final approval of all rehabilitation '.York, and submission of 'Naivers of lien and proper documentation. (b ) Methods of payment for work performed. ( I) There are two methods by which contractors may be paid for services rendered under this program: a. One time payment for services: 1. Contractor submits "Form U, ReqHest for hlspection" an invoice to the financial administration and housing tlDepartment. Stteft request must have copies of receipts for materials attached. Ne request will be processed without copies of the vendor receipts for muterials used on the dwelling unit. 2. Payment to contractor is contingent on submission of "Form U, Request for Inspection," the Final Inspection Report by the Rehab Specialist to Collier County Financial Administration and Housing the Department, and final inspection by appropriate personnel, and must be accompanied by: I. Affidavit from contractor stating that subcontractors and material suppliers have been paid for the particular job and dwelling unit for which the contractor is submitting a request for payment to Collier County. a) Contractor(s) must submit final, notarized originals of "Form M, "Waiver of Lien to Date:." from all subcontractors with the "Form U, Request for Inspection. " b) Final inspections will not be conducted until such time that final, notarized originals of "Form M, Waiver of Lien To Date.!.'. have been submitted to the financial administration and housing tlDepartment for all subcontractors performing rehabilitation work on the dwelling unit to be inspected. c) Contractor(s) must submit final, notarized originals of "Form M, 'Naiver of Lien to Date" from all building material sl:lppliers with "Form U, Request for Inspection. " at fl Final inspections will not be conducted until such time that final, notarized originals of "Form M, Waiver of Lien to Date.!.'. ftas. have been submitted to the finaflcial administration and housing EiDepartment for all material vendors providing materials for the dwelling unit to be inspected. Page 25 of 28 Underlined text added; strike tlirol:Jgh text is deleted II. 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 Ill. Final inspection of all \-york intended to correct Collier County Housing Code violations is conducted by the code enforcement department 'JlithiN three working days of receipt of "Form U, Request for inspection" from the Finuncial .\dministration and Housing department. W:-.1!! Final inspection of all rehabilitation work shall be conducted by the Collier County financial administration !!nd housing tlDepartment, the Collier County Codc Enforcement Department, and personnel from applicable city departments or divisions-,-, and/or appropriate personnel from a local fin8:flcial institution thut is participating in the program, to determine that all purchased materials have been installed. Such inspection shall be conducted withiN three ''vorking days of receipt of "Form U, Request for Inspection" by the Financial .\dministration and Housing department. >of-; IV. Contractor, The homeowner, and the Department Director or his/her designee all inspectorCs) complete and sign form entitled "Form T, Disbursement Authorization." -'t'+.- y Contractor executes form entitled "Form 14, Waiver of Lien to Date" and provides the original notarized document to the purchasing department and a copy of the executed form to the financial administration and housing tlDepartment. 3. Contractor submits copies of receipts for all rehabilitation muterials purchased and installed for reimbursement with program/loan funds to the FinaNcial .^..dministration and Housing department ...:ith sigNed and completed "Form T, Disbursement .\uthorization. " i. Fin8:flcial .\dministration and Housing department shall forward copies of all contractor's receipts for purchased materials, "Form T, Disbursement .^~uthorization," aNd othor appropriate documents to the Collier County Clerk's Finance Department. ~..1. Collier County Clerk's Finance Department shall process payment to contractor for the contract amount and for any additional work authorized and documented on the "Form R, Change Order~ by the program administrator Department Director or his/her designee. 6:- 4. Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property. b. Progress payments. 1. All requests for progress payments must be submitted on the form entitled "Form T, Disbursement Authorization." 2. Interim or fiNal inspectiON of all '.vorl, intended to correct Collier County Housing Code violations is condl:lcted by the code enforcement department, and all 'Node to correct City of Naples Housing Code is conducted by the city building diyision, within three vt'orking days of receipt of "Form U, Request for Inspection" from the Financial .\dmiNistration and Housing department. Page 26 of 28 Underlined text added; strike tRT0ligh text is deleted ;+"2. Interim inspection of all rehabilitation work shall be conducted by the Collier County financial administration and housing tlDepartment and the, Rehab Specialist. Collier County Code Enforcement Department, applicable city departments or divisions, and/or appropriate personnol from a locul financial institution that is participating in the program, to determine that all purchased materials have been installed. Such inspection shall be conducted y;ithin three working days of receipt of "Form U, Request for Inspection. " 4:- 10 Contractor executes form entitled "Form M, Waiver of Lien to Date" and provides the original notarized document to the purchasing department and a copy of the executed, notarized form to the financial administration and housing tlDepartment. S-:- 4. Contractor, The homeowner, and all inspector(s) Department Director or his/her designee complete and sign form entitled "Form T, Disbursement Authorization." 6. Contractor submits copies of receipts for all materials purchased '.'lith program/loan funds to the Finuncial :\dministration and Housing Department with the request for progress puyment and "Form T, Disbursement f~l:lthorization." ':J-: ~ The financial administration und Housing tlDepartment shall forward contractor's invoice, copies of all reeeipts for purchased materiuls, "Form T, Disbursement Authorization," and other appropriate documents to the Collier County Clerk's Finance Department. 8-: 6. Collier County Clerk's Finance Department shall process payment to contractor for the invoice amount and for any additional work authorized through change order by the program administrator Department Director or his/her designee. \. No payment shall be made for any work not specifically authorized by the program administrator Department Director or his/her designee, either by contract or by change order. ~ 7. Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property. (c) Program participantfiles. ( 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. (d) Change e.-ocr contingency. (I) Each rehabilitation loan ',llill inelude a contingency reserve fund \vhich, as a general rule, will be based on teA (10) perccAt of the cost of the rehabilitation contract. a. Contingency requirements may vary when such requirements are mandated by a specifie f1:lf1ding source. (2) .^..ny '.'lork completed pursuant to an approved ehange order that incurs additional costs will be deducted from this ten pereent contingency reserve. (3) Contingency funds must be expended to attain the final dollar amOl:lnt of the second mortgage and the promissory note. See. 114 79. Sec. 114-78 Disaster waiver. (a) In the event of a natural disaster, program guidelines regarding pre-qualification of participating contractors may be waived in order to expedite needed repairs and improvement to damaged properties. Page 27 of 28 Underlined text added; strike taro1:lgh text is deleted (h) Any dollar expenditure cap in effect for any state or federal program that provides funds used in the Collier County Rehabilitation 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. (c) All Collier County Residential Rehabilitation Program requirements for documentation by contractors of material purchases and estimated labor costs shall remain in effect. Sees. 114-80--114-90. Reserved. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 1C,\V'day of C ( \? '" , , 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~/~~ By'. - - ,....~.- .-/ ~ - ,~ -- FRANK HALAS, Chairman By:C!.uv- ~...e.., 0.- c . . '.'':''''':'''.~, w. ;;,~ , Deputy Clerk App~o~dd' as ;'to' form and gal su ficiency: Jeffre Mana latzkow ssistant County Attorney This ordinance filed with the I ~ry P! r~~Je~s _ 0-fi~<.:::. -doy~/- and ocknowledgem~ that fll~' eived th~' day of_ '~ By__ --- Otmu er Page 28 of 28 Underlined text added; strike through text is deleted STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-44 Which was adopted by the Board of County Commissioners on the 10th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners llu.u 1:fd~ lO.( . By: Ann Jennejohn, Deputy Clerk