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Agenda 07/11/2017 Item #16D 607/11/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending the State Housing Initiatives Partnership (SHIP) Collier County Owner-Occupied Rehabilitation Program, primarily to clarify roles and responsibilities of the County, the Subrecipient, and third party inspectors, and to incorporate minor administrative changes identified as a result of program operation. OBJECTIVE: To update the Collier County Owner-Occupied Rehabilitation program. CONSIDERATIONS: The SHIP program provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multi-family housing. Through an interlocal agreement with the City of Naples, the County implements the SHIP program within the City limits, and the City is considered a partner in receipt of SHIP funds. To receive SHIP funds, the County prepares a three-year Local Housing Assistance Plan (LHAP). The LHAP develops housing incentive strategies to meet the housing needs of the very low -, low- and moderate-income households in Collier County and the City of Naples. An amendment to the FY2013- 2016 LHAP to include an Owner-Occupied Rehabilitation Program was approved by the Board at the April 8, 2014 meeting, (Agenda item 16D1). The Collier County Owner-Occupied Rehab Program was revised on July 8, 2014 through Ordinance No. 2014-29 (Agenda Item 17E). That Ordinance allows for future amendments to the program to be adopted by Resolution of the Board of County Commissioners. The Owner-Occupied Rehabilitation Program (Program) focuses on necessary repairs to correct code violations or repairs that impact the homeowner’s health, safety, and welfare. Some examples of eligible repairs include but are not limited to: roof repair/replacement, well repair/replacement , electrical, plumbing, heating and air conditioning, septic repair/replacement, window repair/replacement, and door repair/replacement. Changes to the existing Program are necessary to implement it effectively as it is contemplated in the LHAP and based on implementation. Staff worked with the County Attorney’s Office to develop the following proposed changes that primarily: 1. Clarify and allow for the maximum per unit rehabilitation amount to be determined tri -annually by the LHAP. 2. Remove duplicate requirements (i.e.: income qualifications that are already outlined in the SHIP Manual as established by Florida Housing Corporation). 3. Clarify the role of the County, Subrecipient, and third party inspectors. These changes shall apply to both existing and future program sub-recipients, all of whom have been notified of this amendment. FISCAL IMPACT: The proposed actions described in this executive summary have no fiscal impact on the General Fund. GROWTH MANAGEMENT IMPACT: Amending the Collier County Owner-Occupied Rehabilitation Program allows the County to expand the affordable housing opportunities for its citizens and furthers the goals, objectives, and policies of the Housing Element. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - JAB 07/11/2017 RECOMMENDATION: To adopt a Resolution amending the Collier County Owner -Occupied Rehabilitation Program, primarily to clarify roles and responsibilities of the County, the Subrecipient, and third party inspectors, and to incorporate minor administrative changes identified as a result of program operation. Prepared by: Cormac J. Giblin, AICP Housing and Grants Development Manager, Community and Human Services Division ATTACHMENT(S) 1. 2014 - 2017 Program Strike & Underline 0062817-1049 (PDF) 2. SHIP Rehab Reso and Program Amendment (CAO Signed and Stamped) (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 3447 Item Summary: Recommendation to adopt a Resolution amending the State Housing Initiatives Partnership (SHIP) Collier County Owner-Occupied Rehabilitation Program, primarily to clarify roles and responsibilities of the County, the Subrecipient, and third party inspectors, and to incorporate minor administrative changes identified as a result of program operation. Meeting Date: 07/11/2017 Prepared by: Title: – Community & Human Services Name: Cormac Giblin 06/28/2017 11:11 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 06/28/2017 11:11 AM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 06/28/2017 12:21 PM Public Services Department Steve Carnell Level 1 Division Reviewer Skipped 06/28/2017 1:12 PM Public Services Department Joshua Hammond Additional Reviewer Completed 06/28/2017 1:31 PM Community & Human Services Kristi Sonntag Additional Reviewer Completed 06/28/2017 5:10 PM Public Services Department Sean Callahan Additional Reviewer Completed 06/29/2017 8:37 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/29/2017 8:42 AM Grants Erica Robinson Level 2 Grants Review Completed 06/29/2017 10:52 AM County Attorney's Office Hailey Margarita Alonso Level 2 Attorney of Record Review Skipped 07/03/2017 9:24 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/03/2017 10:01 AM Grants Therese Stanley Additional Reviewer Completed 07/03/2017 11:09 AM Budget and Management Office Ed Finn Additional Reviewer Completed 07/05/2017 8:35 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 12:08 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2017 12:20 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM 1 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. (OOR). 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 LHAP 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. Section Description Page # 1 Definitions 2 2 Administration 2 3 Program Participation & Outreach 3 4 Application Intake and Eligibility Requirements 3 5 Third Party Verifications 4 6 Income Eligibility Requirements 4 7 Security Instrument 5 8 Homeowner Conflict 5 9 Homeowner Responsibilities 5 10 Historically Significant Properties 6 11 Inspections, Work Write-up and Independent Cost Estimate 6 12 Bid Specification and Process 6 13 Award Selection 8 14 Contractual Agreement(s) 15 Contractors/Subcontractors Responsibilities 16 Change Orders 17 Building Codes and Permits 18 Eligible Cost 19 Ineligible Cost 20 Billing and Payments 21 Rehabilitation Standards 2 22 Disputes 23 Suspension and Debarment 24 Other Federal Regulations 1. Defi nitions. 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. This Additional Definitions; 1. In-Kind-replacement or repair with similar material and/or style. 2. General Contractor/Contractor- A legally licensed person who agrees to furnish materials or perform services at specific prices for construction and/or rehabilitation. 3. Notice of Commencement- A document required to be filed with County’s Recorder’s Office for the county where the property is located before any work begins at the property. 4. Notice to Proceed- A written notice given to contractor/subcontractor in which the contractor/subcontractor is authorized to proceed with the work on a specified date. 5. Project-The Project is the total construction/rehabilitation including project delivery of which work is performed under the program may be the whole or part. 6. Scope of Work-Written outline of the work to be completed on a project. 7. Specifications-Written requirements for materials, equipment, systems, standards, and workmanship, and performance of related services. 8. Subcontractor- A legally licensed person or entity that has direct contract with the contractor to perform a portion of the work. Subcontractors usually contract for a specific type of work (HVAC, Plumbing, Electrical, Roofing, etc…), with a General Contractor. 2. Administrationshall be The Collier County Community and Human Services Division (CHS), referred to as "Division" or “County” will oversee the administration of the program. The Owner-Occupied Rehabilitation Program will be administered as outlined in the Local Housing Assistance Plan (LHAP), which governs the local use of State Housing Initiatives Partnership Program (SHIP) funds, and will follow the adopted Rehabilitation Standards that mirror the County codes. 1) The County may contract a Subrecipient to administer all or a portion of the Owner-Occupied Rehabilitation Program through an agreement approved by the Collier County Housing, Human and Veteran Services Department (HHVS), or its representative/designee, hereinafter referred to as "Department."Board of County Commissioners. It is the responsibility of the County to monitor the Subrecipient on a regular basis to ensure they are complying with all program requirements. 2) The Department shall be responsible for: 3 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. The DepartmentCounty and/or Subrecipient is responsible for the overall administration of the program and to ensure the program complies with all applicable guidelines and regulations. County and/or Subrecipient will assist individual homeowners throughout the rehabilitation to ensure that project is carried out with minimal delay. Duties may include but are not limited to; i. Performing field and/or office work in the evaluation of dwelling units to include inspections, scope and specification development, coordination with CHS, subcontractors, homeowners, County third party reviewer, County building department, and any other party necessary to complete work ii. Conduct outreach activities iii. Pre-screen homeowners for assistance iv. Maintain waitlist log v. Accept, process and approve applications for assistance vi. Counsel homeowners on program requirements vii. Assist homeowners in determining what improvements are necessary viii. Assure all necessary repairs are completed in accordance with all rules and codes, and in a cost and time effective manner ix. Pay Request processing x. Observe project from initial to final completion xi. Project file retention and maintain client tracking xii. Preparation and recording of security instruments xiii. Performs other related work as required 3. Program Participation & Outreach Applications will be accepted and approved on a first-come, first-qualified basis with priority given to households with a special needs occupant, or other priorities that may be deemed by the program funder, Florida Housing Finance Corporation. No person shall be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in the whole or in part with program funds. 4 iii)a. The Division and/or Subrecipient 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 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." b. The Collier County Code Enforcement DepartmentDivision can refer potential clients that have been cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended, to the Department. to the Division. c. The Department will determine the individual/family interestDivision may issue a public notice of funding availability advertising in a newspaper of general circulation serving ethnic and diverse neighborhoods. 4. Application Intake and Eligibility Requirements a. Waitlist. If County is not accepting applications for assistance, applicants may be placed on a waitlist once they have been prescreened by County staff or subrecipient and determined to be a potential candidate for the program. b. Application acceptance and approval is subject to funding availability. c. State and Federal regulations requires that all households participating in the program and whether the potential participant is income eligible to participateOOR Program meet specific income limits as determined by HUD annually, based on household size for Collier County. v)d. Homeowners must have owned and occupied their home a minimum of twelve months at the time application is submitted and no more than one payment delinquency in the program, pursuant to the requirements set forth belowlast twelve months. vi) The homeowner(s) will be accepted on a first come, first served, first qualified basis. b) Determine homeowner eligibility. i)e. 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 5 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. 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 6 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. 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. 7 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)i. The Department orThe 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)ii. 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. f. The verification of mortgage or deed of trustCo-Owner. Where there are co-owners for a property, each co-owner is required to participate in the application process. g. Homestead. The property assisted must have a homestead exemption through the Collier County Property Appraiser's Office and be owner occupied as the homeowner’s primary residence. h. Application for Housing Assistance shall be used to document the general information regarding the potential homeowner. The application must be signed by all adult household members’. vi)i. The application for housing assistance will be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program. ii. Application documents, may include the following; 1. Application for Housing Assistance 2. Authorization to Release Information 3. Asset Addendum 4. SHIP Program Fact Sheet 5. Homeowner(s) Acknowledgment of SHIP Terms and Conditions 6. Homeowner Rehabilitation Disclaimer Notice 7. Any other forms that are added from time to time to meet the requirement of the program or as required by the State grantor agency i. Separated Spouses. Division does not recognize marital separation. Spouses must participate in the 8 application process and agree to execute a promissory note and mortgage. e)j. Homeowner(s) will not be eligible for assistance when, if during the previous three (3) years prior to the date of application:,: i)i. Previous principal residence or other real property was foreclosed; as evidenced by credit report or property appraiser’s office; or ii)ii. Given a deed-in-lieu of foreclosures as evidenced by credit report or property appraiser’s office; or iii)iii. Filed Chapter 7 bankruptcy (liquidation); ) as evidenced by credit report; or iv)iv. Filed Chapter 13 bankruptcy as evidenced by credit report; or v)v. Presently delinquent on a federal tax liability; as evidenced by credit report; or vi)vi. Presently delinquent on Collier County property taxes as evidenced by documents from the appraiser’s office t)k. The property may have the following liens and still remain eligible for assistance: i)i. A code enforcement lien that has been abated or that will be abated through the use of rehabilitation funds. ii)ii. A down payment assistance lien iii)iii. An affordable housing density bonus agreement iv)iv. Impact fee deferrals: (1) Note: This listing is not meant to be all-inclusive of all possible types of liens. The DepartmentDivision 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). 5. Any such negative determination of Third Party Verifications a. Homeowners and adult household members must provide Division adequate information of employer or agency so third-party verifications can be requested. 6. Income Eligibility Requirements, are outlined in the current LHAP and also in the program manual issued by Florida Housing Finance Corporation i. Income certification. The income certification form is a legal document establishing income eligibility. The income certification form will be maintained in the applicants’ permanent file. ii. Household income may not exceed maximumthe area median income specified in the current LHAP, as adjusted to family size and published annually by HUD/FHFC. iii. All persons living in the residence are considered household members for the purpose of determining income eligibility shall be mailed to . iv. Gross income anticipated to be received by all members of the household during the 9 homeownertwelve months (I)v. Once the Income Certification has been signed by all household parties the certification is valid for 12 months and changes to income or household size do not need to be reported to Division within thirty days from such determinationthe next 12 months or until project is completed, whichever occurs latest. (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)vi. Refusal by a homeowner or household member to provide information to the Department regardingon all sources of income and assets shall be considered sufficient grounds for a negative determinationdenial of program eligibility.assistance Homeowner Contractual Relationship with County 7. Security Instrument 1) Prior to construction rehabilitation beginning, the homeowner(s) must execute a secondsubordinate mortgage and promissory note for the maximum amount of projected assistance which will be modified after final completion of work to unit to reflect the actual amount of funds , which may include associated plan development (drawings/specs) and project delivery cost expended. a)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 Officeeach project. 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)b. 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. 10 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)c. Upon closing, the DepartmentThe Division 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 secondThe original executed mortgage document. h)d. A copy of the second mortgage and promissory 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 be maintained as part of the permanent program file for each homeowner accepting funds for the Collier County Owner Occupied Rehabilitation Program. 8. Homeowner(s) must execute the Owner Occupied rehabilitationThe maximum amount of the loan and repayment of the loan shall comply with the terms as outlined in the Local Housing Assistance Plan for the funding year funds that are expended for each individual unit that is rehabilitated. 9. Homeowner Conflict An applicant can be denied participation in the Owner-Occupied Rehabilitation program if a conflict of interest exists. A conflict of interest exists if an applicant is an employee, agent, consultant, officer, elected official or appointed official of the County or Subrecipient and the applicant currently or within the past 12 months: 1. Exercises or has exercised any functions or responsibilities with respect to funds for this program performance . 6)2. Participates or has participated in the decision-making process related to funds for this 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 11 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; 3. Is or was in a position to gain inside information with regard to program activities through their position with the County, as a consultant of the County or through an elected official. A conflict of interest may also arise if an applicant for assistance is related by family or has business ties to any employee, officer, elected or appointed official or agent of a unit of local government who exercises any functions or responsibilities with respect to the SHIP Owner-Occupied Rehabilitation Program. When a conflict of interest or perceived conflict of interest exists, the applicant must acknowledge the conflict. 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)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 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. 1) 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. 12 16 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. 10. Homeowner Responsibilities a. Homeowner responsibilities are specified in the “Homeowner Disclaimer Notice” that will be executed at the time of application for assistance. 8)11. 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 a) b)b. Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance, Ordinance No. 91-70. Determination of Rehabilitation Needed. 1)12. County and/or Representative/Designee Initial Inspection and InitialInspections, Work Write-Up.up and Independent Cost Estimate 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)a. Initial inspection will determine any deficiencies. ii)b. CollierThe County and/or its representative/designeeSubrecipient will document the results of the initial inspection on an inspection form. c. The inspection report shall be maintained as part of the permanent program file for each homeowner making application to the Collier. iii) The County Owner-Occupied Rehabilitation Program. iv)d. Collier County will, at its' option, may obtain an independent validation of the 13 16 inspection, work scope and prioritization to include an independent cost analysisestimate, 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)e. 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. i) It shall be the responsibility of the County and/or its representative/designeeSubrecipient to determine and prioritize rehabilitation services beyond immediate health and/or safety concerns which to include those items that may have exceeded their useful life, which are identified and prioritized by the inspection. The County may seek an independent validation of the need andproposed rehabilitation that is beyond the health/safety and/or welfare activities and the cost for any such itemsitems identified and prioritized items by the inspection. b)13. Bid specification development.Specification and Process 1. Bid Specification. i)a. County and/or its representative/designeeSubrecipient 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 or the General Contractors A1A will provide details to the extent possible of how the work is to be preformedperformed, quality of products to be installed and installation methods. ii)b. The County and/or its representative/designeeSubrecipient shall develop a cost estimate for the project., if not previously completed by the County or its third party inspector. The County may seek an independent validation of the cost estimates prepared by the representative/designee.Subrecipient. 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/quote. 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)c. The completed Collier County Owner-Occupied Rehabilitation Program bid specifications will serve as the basis for bids/quotes 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 ofresidents of residents and/or the integrity of the dwelling unit. c) The contractor shall document estimated material requirements and unit labor 14 16 i) Costs for installation of materials on the bid specification document. ii)d. Once approved by the County, a copy of the signed, completed bid specs willor quote may 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)e. If the County is operating the program through a representative or designeeSubrecipient, 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 proceedproceed. If operated by a Subrecipient, the Subrecipient shall issue a NTP to the selected Contractor. e)2. Bid Process i)a. The County and/or its representative/designeethe Subrecipient will solicit bids proposalproposals or quotes 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. The Subrecipient may choose to assign times for each potential bidder. ii)b. The Bid Proposal or Quote will list, in detail, all specifications of materials to be used and the scope of work to be performed that have been approved by the County. This will ensure that contractors are bidding based on the use of similar or like materials and scope of work. c. A Mandatory Walk-Through Meeting willmay be held to view the property, and may be designated as mandatory. At this time, prospective bidders can ask questions and discuss project details with the homeowner(s) and the County and/or its representative/designeeSubrecipient 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. In the event that changes are made to the bid spec, the County or its third party inspector may review and approve. All such changes, additions, refinements should be subsequently issued in writing and provided to all interested bidders. 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/designeeSubrecipient arrives and the walk-through officially starts. Contractors or at the assigned time provided by the County and/or Subrecipient to each potential Contractor. If a walk through is held, contractors are required to sign in the official attendance sheet. or a certification of walk-through developed by the County and/or the Subrecipient. Contractors who do not sign the official attendance sheet or a certification of walk-through will not be eligible for bid selection on the project. Changes, additions or refinements to bid specifications will be reviewed at the end of the walk- through or may be sent out via email to ensure all Contractors/bidders are aware of any changes discussed during the walk-through. If 15 16 d. changes are made to the original bid specification, Contractorsthey will be approved first by the County, and then 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 e. After award, change orders are permitted, however prior approval by the County and/or its representative/designee or unless a change in the scope of work is required for each change order above $500 and in the event the change order will cause the total rehabilitation to exceed the LHAP per unit rehabilitation maximum it is not permitted without Collier County BCC approval. Change orders in excess of $500 require approval of the County and/or its independent inspector to determine reasonableness and necessity. Change orders under $500 require approval by the County Building Department. or it’s Subrecipient. f. Failure to bid according to the final bid specifications may be just cause for disqualification of the Contractor's bid. iii) The Bid Submittal must/Quote submittal should 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. iv)g. 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. v)h. 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. or its equivalent. A Contractor cannot deviate from the product specified without written authorization from the County and/or its representative/designee.Subrecipient. All questions related to the job specifications must be cleared prior to submission of bid by contacting the County and/or its representative/designeeSubrecipient. vi)i. AII 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 written bids/quotes must be delivered to the County and/or its representative/designeeSubrecipient on or before the scheduled bid date and specified time. via US mail, handelivered, facsimile or email. Late bid responses will not be accepted. Contractor selection. Solicitation of contractors by County and/or its representative/designee. 14. Award Selection 16 16 1) The County and/or its representative/designee will solicit bids from contractors and/or subcontractors. 2)a. The County and/or its representative/designeeSubrecipient will review the bids/quotes 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 b. 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:Subrecipient. c. The following criteria will be used to determine the winning bid: a)i. The bid is the lowest responsible,most 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. ii. License, Certification, and Insurances: 1. Comprehensive General Liability Insurance 2. Workers’ Compensation 3. Business License & Tax d. Final bid selection must be approved by the County, and the County may seek input from its independent professional in so doing. 4)e. Notice to Proceed: The County and the Subrecipient will approve the final selection, and the County will issue a Notice to Proceedproceed to the representative or designeeSubrecipient. Administration of residential rehabilitation. 1) A copy of the bid document submitted by the entity who is awarded the contract for an 17 16 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. a)f. : 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)i. 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)ii. Collier County Board of County Commissioners shall be named on the notice of commencement as "lender." d)iii. The DepartmentCounty 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. 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. 18 16 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: (I) 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 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. 15. Contractual Agreement(s) a. The County or Subrecipient will enter into a contract with Contractor approved to complete work on any property assisted under the OOR program. b. The Contractor who is selected will enter into a contract with the Homeowner. 16. Contractor/Subcontractor Responsibilities Contractor/Subcontractor shall have the full responsibility for the general management and supervision of the work completed to homeowners home and to obtain and pay for all necessary permits and licenses necessary for the completion of the project. Contractor/Subcontractor shall not discriminate in performance of rehabilitation against any employee or homeowner because of race, religion, color, sex, national origin, handicap, familial or marital status. Contractor shall comply with Executive Order 11246. 19 16 a. Commencement of Work i. Work should begin immediately following Notice to Proceed from County and/or Subrecipient. b. Incidental Items i. Items not mentioned in the Scope of Work that can be reasonably and legitimately inferred to be necessary to complete the work shall be furnished and installed as though specified in every detail. c. Security i. The Contractor/Subcontractor is responsible for the security and protection of Owner’s property while on the premises and will ensure that the property is locked, secure and safe. ii. The Contractor/Subcontractor maintains sole responsibility for the security of project materials, equipment and/or tools utilized on the project and safety of construction personnel, homeowner and their guests and County staff when at the project site. d. Loss or Damage of Work i. The Contractor/Subcontractor is responsible for any loss or damage to the work until the time of final acceptance by County and/or Subrecipient and Homeowner. ii. Contractor/Subcontractor is responsible for any loss or damage as a result of construction activity, staging, material storage, negligence, etc. iii. Any loss or damage shall be covered by the Contractor’s/Subcontractor’s insurance policy. e. Correction of Work i. Any work that is found to not conform to the project specifications or is deemed unsatisfactory by the County and/or Subrecipient shall be the responsibility of the Contractor to correct. ii. The Contractor must make corrections to work within a reasonable timeframe that would not cause further inconvenience to homeowner. f. Completion of work i. Time is of the essence on all projects. All work should be satisfactorily completed by the Contractor within 120 days of Notice to Proceed issued by the County or its Subreicpient. If additional time is required, a written request must be delivered to County and/or Subrecipient for approval. The County or its Subrecipient will issue an approval via a new Notice To Proceed indicating the agreed upon end date. ii. Contractor/Subcontractors shall be held accountable for delays due to Contractors/Subcontractors performance. iii. Upon completion of project, the Contractor/Subcontractor will instruct the Homeowner on how to use and maintain all installed fixtures, appliances, air conditioning systems, smoke detectors, etc… iv. Contractor/Subcontractor is responsible for issuance of Final Inspection along with a signature of the homeowner (required for final payment). If the homeowner refuses to sign as long as the unit has been rehabilitated and inspected by the County independent inspector and passed a request for payment can be made to the County and to its Subrecipient. e)v. 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 20 16 report and the itemized contractor's invoice. g. Inspection(s) Warranty i. The Contractor will explain all warranties and give documentation of warranties to the Homeowner. h. Subcontractors i. When Subcontractors are employed, they are bound by the same terms and conditions. ii. Subcontractors shall be used where the experience and expertise of that specific trade is necessary or required by building codes and regulations (ex. Plumbing, Electrical, HVAC, Roofing etc…) i. Conflict of Interest i. The contractor is an independent contractor and not a Subrecipient and shall not be deemed an agent, employee or partner of the county. ii. The contractor covenants that neither he/she, nor any person employed by Contractor, has any interest in the Property and shall not acquire any interest, direct or indirect , in the Property or any other interest which would conflict in any manner or degree with the performance of the rehabilitation work.they are involved with 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. iii. CopiesIf the contractor is also the Subrecipient the County will not pay project delivery to the Subrecipient or Contractor 4) In addition, no owner, co-owner or relative of inspection formsan owner or co-owner 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 maintainedserve 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 21 16 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 or sub- contractor. Method of payment for the rehabilitation work performed. Performance bonds. 1) No performance bond shall be required to be posted by a contractor selected under this program. Change Orders. iv. 1) No alteration of materials or labor described in the original work order shall take place unless in writing and mutually agreed to by of 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 property, nor shall an owner, co-owner or relative receive any compensation for their labor with program funds. 1. 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. 17. Change Ordersto 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. 22 16 If, during the course of work, the Contractor encounters unforeseen conditions which impact the work and which could not be initially evaluated, the Contractor shall not proceed without written authorization of the County and/or Subrecipient personnel. i. Change orders must be submitted and approved prior to the final draw request and will only be will be considered in the casecases of circumstances unforeseen at the time of the walk-through or for additional work requested by the Building Department. The County and/determined necessary to properly complete repairs or to correct unavoidable damages caused to other parts of the home in making eligible repairs. ii. Changes to original bid must be submitted to County and/or Subrecipient for review and prior approval if in excess of $500 or its representative/designeeif total rehabilitation cost with the change order exceeds the LHAP rehabilitation per unit maximum. iii. A price cost analysis may be done to justify additional cost of material or labor for all changes orders over $500 per property. iv. All change orders under $500 per property must include a description of the activity, explanation of why the change is necessary and be signed by the Contractor and the County or its Subrecipient. v. County and/or Subrecipient reserve the right to deny any change order requestrequest over $500.00 per property if it is deemed by the County or its third party inspector that the cost is not necessary, allowable or reasonable or for purely cosmetic purposes. Method a/payment for work performed. 18. Upon final inspection, the transfer of Building Codes and Permits All work shall be done in accordance with federal, state, and local laws, regulations, ordinances, codes, and rehabilitation standards ( may be amended) as interpreted by the Collier County Growth Management Department. 1. The Contractor is responsible for securing and paying for all warrantiesrequired building permits as well as for other permits, fees, licenses, and inspections required prior to starting construction operations. 1)2. A copy of the homeowner, releases, as identifiedpermit must be verifiable by the County and/or its representative/designee,Subrecipient prior to the follow process shall be followed:commencement of work. a) One -time payment for services: 3. A copy of the permit shall be placed at the construction site in accordance with the requirements of the Collier County Permitting Services Division. 19. Eligible Cost Including but not limited to the following; a. Repairs/Replacement which are essential to remove an immediate threat to the health, safety or welfare of the occupant or preserve the integrity of the structure as determined by County and/or Subrecipient. b. Repairs to correct/mitigate code violations. 23 16 c. Cost associated with permits, plans or drawings necessary for the rehabilitation d. Repairs/replacement of HVAC equipment or systems necessary to provide adequate heating and cooling of the dwelling. e. Replacement of roof in-kind (tile, aluminum, shingles, or flat roof) when existing roof is deteriorated or near the end of service life. f. Doors/Walls: i. Replacement of entry doors, including knobs/locks, as necessary to ensure weather-tight and secure entrances to the dwelling. ii. Repair/replacement of defective or deteriorated interior doors and associated hardware. iii. Repair to interior walls and ceilings as may be needed to eliminate air and moisture and water damage. iv. Painting of interior walls and ceilings when associated with other allowable repair work. g. Painting of exterior walls, roof, and trim (including prep work) when necessary to restore protection of exterior surfaces against the weather. h. Repair/replacement/installation of gutters, fascia, soffit and vents, as necessary to provide sound painting surfaces, provide weather protection, provide adequate drainage away from foundation, or restore approved architectural details. i. Appliances: Non-functioning stove and/or refrigerator. j. Electrical repairs needed to correct defects in wiring or fixtures, remove hazards, upgrade systems to better handle modern electrical demands and bring the home’s electrical system and sub-systems into compliance with local codes. i. Existing non-functioning fixtures, including ceiling fans and security lighting, to be replaced in-kind. k. Plumbing repairs necessary to assure the availability and sanitary delivery of hot and cold running water and sanitary disposal of waste, and repair or replacement of unserviceable fixtures and water heaters. l. Installation of replacement windows with impact resistant windows, repair broken glazing, replace missing screens, and hardware necessary to make windows operable. m. Replacement or installation of hurricane shutters. n. Treatment for and correction (when cost effective) of structural damage caused by termites or other organisms. o. Demolition of unpermitted improvements, modifications, additions or enclosures. p. Installation of wheelchair ramps and grab-bars, door widening and other safety or accessibility components required by a disabled household member. q. Septic system repairs/replacement. 24 16 20. Ineligible Costs a. Interior or exterior repairs deemed cosmetic will not be addressed if they are a stand alone project and not ancillary to necessary rehabilitation above. b. Work on unattached garages and accessory structures, except for demolition. c. Non-essential appliances, including clothes washer/dryer, dishwasher, garbage disposal, microwave oven, humidifier, water softener, etc. d. Funds cannot be used for recreational items such as barbecues, bathhouses, greenhouses, swimming pools, saunas, Jacuzzis, tennis courts or luxury items such as burglar alarms, burglar protection bars, kennels, murals, awnings, patios, decks, and storage sheds/workshops. e. Room additions will not be considered, unless it can be documented that overcrowding exists. 21. Billing and Payments i)a. C ontractor submits a final invoicerequest for payment to the DepartmentCounty and/or its representative/designeeSubrecipient when partial or all the work is completed. b. Collier County Clerk's Finance Department shall process payment to the Contractor or to County’s Subrecipient and other contractual agreements approved by the Board of County Commissioners for the contract amount and for any additional work authorized by the Division or Subrecipient. ii)c. Payment to contractor Contractor or Subrecipient 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:; i. Final inspection from Subrecipient ii. Waiver of Lien from Contractor (1)iii. 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 Waiver of lien release v. Permits, if applicable vi. Final inspection approvals vii. Any other documents requested by the County 25 16 22. Rehabilitation Standards a. The Collier County Construction and Rehab Standards shall be used for the level of quality and/or performance that are considered acceptable for the rehabilitation work. 23. Disputes a. Any dispute between Contractor and the homeowner must be resolved between those parties. b. Any dispute between Contractor and the Subrecipient must be resolved between those parties c. Any dispute between homeowner and Subrecipient must be resolved between those parties. iv) Disputes with regard to payment or rehabilitation work shall be conductedactivities under this program will be handled by the Department and/or its representative/designee and personnel from applicable county/city Departments v)d. The homeowner(s),County and the Department director /or his/her designee complete and sign form entitled "disbursement authorization."Subrecipient as appropriate. 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 CountyCommissioners 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 1. 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 24. The County and/or its representative/designee may implement this section. Suspension and Debarment 26 16 i)a. Contractors may be suspended or disqualified for any of the following reasons: 1)i. Self-imposed: A contractor may disqualify him/herself before contract signing for conflicting work contracts or personal hardship 2)ii. Lack of Participation: A contractor that does not participate or respond to an invitation to bid within a twel ve 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)iii. 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 m ust 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)iv. Business License Violations: Any contractor who has a license suspended, revoked, rejected or inactivated will be automatically disqualified. All license renewals m ust be current and a copy provided to the County and/or its representative/designeeSubrecipient. 5)v. 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 m ust reimburse the County and/or its representative/designeeSubrecipient for the cost of any work performed by another to correct the warranty work. 6)vi. Default: If a contractor defaults or does not complete an assigned project, he/she will be disq ualified indefinitely from participating in County housing programs. i.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, foulfoul language, and public intoxication, and illegal drug use, willful destruction of the homeowner's property or abusive behavior towards the homeowner or County staff. language, public intoxication, and illegal drug use, willful destruction of the homeowner's property or abusive behavior towards the homeowner or County staff. 7)vii. Contractor Negligence: Failure to adhere to building codes, construction industry standards, contract specifications and material requirements. 8)viii. Payment Delinquency: Failure to pay subcontractor or material suppliers. 9)ix. Kickbacks/Price Fixing: Accepting kickbacks or price fixing by or between contractors, its employees, officers, owners, agents, partners, representatives or any other affiliates. 10) 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. 27 16 (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. x. RESOLUTION NO. 2017 - A RESOLUTION AMENDING THE COLLIER COUNTY OWNER - OCCUPIED REHABILITATION PROGRAM PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO. 2014-29 TO STREAMLINE THE PROGRAM TO ALLOW FOR IMPROVED ADMINISTRATION, WITH AN EFFECTIVE DATE OF JULY 11, 2017. WHEREAS, Ordinance No. 2014-29 repealed and replaced Ordinance No. 94-39 by adopting the Collier County Owner -Occupied Rehabilitation Program ("Program"); and WHEREAS, the Program is designed to meet the housing needs of the very low-, low-, and moderate -income households in Collier County and the City of Naples; and WHEREAS, Ordinance No. 2014-29 states that future amendments to the Program, may be accomplished by resolution of the Board of County Commissioners; and WHEREAS, this Resolution is to revise the Program to streamline the program to allow for improved administration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Program, is amended as provided therein. A copy of said program including Program forms and other necessary forms and contracts is attached to this Resolution and made part of the Program. 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. This Resolution is effective July 11, 2017. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the day of July, 2017. ATTEST: DWIGHT E. BROCK, Clerk ma , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN t9 OWNER -OCCUPIED REHABILITATION PROGRAM Program Description. The purpose of this policy is to establish program guidelines for the Owner -Occupied Rehabilitation Program (OOR). 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. 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 LHAP levels to accommodate a housing applicant or other situation in which it is determined that the assistance is necessary and/or not evident at the time of bid. Section Description Page # 1 Definitions 2 2 Administration 2 3 Program Participation & Outreach 3 4 Application Intake and Eligibility Requirements 3 5 Third Party Verifications 4 6 Income Eligibility Requirements 4 7 Security Instrument 5 8 Homeowner Conflict 5 9 Homeowner Responsibilities 5 10 Historically Significant Properties 6 11 Inspections, Work Write-up and Independent Cost Estimate 6 12 Bid Specification and Process 6 13 Award Selection 8 14 Contractual Agreement(s) 15 Contractors/Subcontractors Responsibilities 16 Change Orders 17 Building Codes and Permits 18 Eligible Cost 19 Ineligible Cost 20 Billing and Payments 21 Rehabilitation Standards 22 Disputes 23 Suspension and Debarment 24 Other Federal Regulations 1. 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. Additional Definitions; 1. In -Kind -replacement or repair with similar material and/or style. 2. General Contractor/Contractor- A legally licensed person who agrees to furnish materials or perform services at specific prices for construction and/or rehabilitation. 3. Notice of Commencement- A document required to be filed with County's Recorder's Office for the county where the property is located before any work begins at the property, 4. Notice to Proceed- A written notice given to contractor/subcontractor in which the contractor/subcontractor is authorized to proceed with the work on a specified date. 5. Project -The Project is the total construction/rehabilitation including project delivery of which work is performed under the program may be the whole or part. 6. Scope of Work -Written outline of the work to be completed on a project. 7. Specifications -Written requirements for materials, equipment, systems, standards, and workmanship, and performance of related services. 8. Subcontractor- A legally licensed person or entity that has direct contract with the contractor to perform a portion of the work. Subcontractors usually contract for a specific type of work (HVAC, Plumbing, Electrical, Roofing, etc...), with a General Contractor. 2. Administration The Collier County Community and Human Services Division (CHS), referred to as "Division" or "County" will oversee the administration of the program. The Owner -Occupied Rehabilitation Program will be administered as outlined in the Local Housing Assistance Plan (LHAP), which governs the local use of State Housing Initiatives Partnership Program (SHIP) funds, and will follow the adopted Rehabilitation Standards that mirror the County codes, The County may contract a Subrecipient to administer all or a portion of the Owner -Occupied Rehabilitation Program through an agreement approved by the Collier County Board of County Commissioners. It is the responsibility of the County to monitor the Subrecipient on a regular basis to ensure they are complying with all program requirements. County and/or Subrecipient is responsible for the overall administration of the program and to ensure the program complies with all applicable guidelines and regulations. County and/or Subrecipient will assist individual homeowners throughout the rehabilitation to ensure that project is carried out with minimal delay. Duties may include but are not limited to; i. Performing field and/or office work in the evaluation of dwelling units to include inspections, scope and specification development, coordination with CHS, subcontractors, homeowners, County third party reviewer, County building department, and any other party necessary to complete work ii. Conduct outreach activities iii. Pre-screen homeowners for assistance iv. Maintain waitlist log v. Accept, process and approve applications for assistance vi. Counsel homeowners on program requirements vii. Assist homeowners in determining what improvements are necessary viii. Assure all necessary repairs are completed in accordance with all rules and codes, and in a cost and time effective manner ix. Pay Request processing x. Observe project from initial to final completion xi. Project file retention and maintain client tracking xii. Preparation and recording of security instruments xiii. Performs other related work as required 3. Program Participation & Outreach Applications will be accepted and approved on a first-come, first -qualified basis with priority given to households with a special needs occupant, or other priorities that may be deemed by the program funder, Florida Housing Finance Corporation. No person shall be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in the whole or in part with program funds. a. The Division and/or Subrecipient will contact local non-profit, community-based organizations in the county through outreach activities to locate potential program participants. b. The Collier County Code Enforcement Division can refer potential clients to the Division. c. The Division may issue a public notice of funding availability advertising in a newspaper of general circulation serving ethnic and diverse neighborhoods. 4. Application Intake and Eligibility Requirements a. Waillist. If County is not accepting applications for assistance, applicants may be placed on a waitlist once they have been prescreened by County staff or subrecipient and determined to be a potential candidate for the program. b. Application acceptance and approval is subject to funding availability. c. State and Federal regulations requires that all households participating in the OOR Program meet specific income limits as determined by HUD annually, based on household size for Collier County. d. Homeowners must have owned and occupied their home a minimum of twelve months at the time application is submitted and no more than one payment delinquency in the last twelve months. e. All homeowners in this program must have fee simple ownership of the owner -occupied dwelling unit for which residential rehabilitation services are requested. i. The 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. ii. 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. f. Co-Orvner. Where there are co-owners for a property, each co-owner is required to participate in the application process. g. Homestead The property assisted must have a homestead exemption through the Collier County Property Appraiser's Office and be owner occupied as the homeowner's primary residence. h. Application for Housing Assistance shall be used to document the general information regarding the potential homeowner. The application must be signed by all adult household members'. The application for housing assistance will be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner -Occupied Rehabilitation Program. ii. Application documents, may include the following; 1. Application for Housing Assistance 2. Authorization to Release Information 3. Asset Addendum 4. SHIP Program Fact Sheet 5. Homeowner(s) Acknowledgment of SHIP Terms and Conditions 6. Homeowner Rehabilitation Disclaimer Notice 7. Any other forms that are added from time to time to meet the requirement of the program or as required by the State grantor agency L Separated Spouses. Division does not recognize marital separation. Spouses must participate in the application process and agree to execute a promissory note and mortgage. j. Homeowner(s) will not be eligible for assistance when, if during the previous three (3) years prior to the date of application,: i. Previous principal residence or other real property was foreclosed as evidenced by credit report or property appraiser's office; or ii. Given a deed -in -lieu of foreclosures as evidenced by credit report or property appraiser's office; or iii, Filed Chapter 7 bankruptcy (liquidation) as evidenced by credit report; or iv. Filed Chapter 13 bankruptcy as evidenced by credit report; or v. Presently delinquent on a federal tax liability as evidenced by credit report; or vi. Presently delinquent on Collier County property taxes as evidenced by documents firom the appraiser's office k. The properly may have the following liens and still remain eligible for assistance: L 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: Note: This listing is not meant to be all-inclusive of all possible types of liens. The Division will proceed with awards, unless the prohibitions noted above have been violated. 5. Third Party Verifications a. Homeowners and adult household members must provide Division adequate information of employer or agency so third -party verifications can be requested. 6. Income Eligibility Requirements are outlined in the current LHAP and also in the program manual issued by Florida Housing Finance Corporation Income certification. The income certification form is a legal document establishing income eligibility. The income certification form will be maintained in the applicants' permanent file. ii. Household income may not exceed maximumthe area median income specified in the current LHAP, as adjusted to family size and published annually by HUD/FHFC. iii. All persons living in the residence are considered household members for the purpose of determining income eligibility. iv. Gross income anticipated to be received by all members of the household during the twelve months v. Once the Income Certification has been signed by all household parties the certification is valid for 12 months and changes to income or household size do not need to be reported to Division within the next 12 months or until project is completed, whichever occurs latest. vi. Refusal by a homeowner or household member to provide information on all sources of income and assets shall be sufficient grounds for denial of program assistance 7. Security Instrument a. Prior to rehabilitation beginning, the homeowner(s) must execute a subordinate mortgage and promissory note for the maximum amount of projected assistance which will be modified after final completion of work to unit to reflect the actual amount of funds, which may include associated plan development (drawings/specs) and project delivery cost expended on each project. b. The promissory note and the 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. c. The Division will cover the costs of recordation of the mortgage instrument with the Collier County Clerk of Courts and documentary stamp tax. d. The original executed mortgage and promissory shall be maintained as part of the permanent program file for each homeowner(s) making application to the Owner Occupied Rehabilitation Program. 8. The maximum amount of the loan and repayment of the loan shall comply with the terms as outlined in the Local Housing Assistance Plan for the funding year funds that are expended for each individual unit that is rehabilitated. 9. Homeowner Conflict An applicant can be denied participation in the Owner -Occupied Rehabilitation program if a conflict of interest exists. A conflict of interest exists if an applicant is an employee, agent, consultant, officer, elected official or appointed official of the County or Subrecipient and the applicant currently or within the past 12 months: 1. Exercises or has exercised any functions or responsibilities with respect to funds for this program. 2. Participates or has participated in the decision-making process related to funds for this program. Is or was in a position to gain inside information with regard to program activities through their position with the County, as a consultant of the County or through an elected official. A conflict of interest may also arise if an applicant for assistance is related by family or has business ties to any employee, officer, elected or appointed official or agent of a unit of local government who exercises any functions or responsibilities with respect to the SHIP Owner - Occupied Rehabilitation Program. When a conflict of interest or perceived conflict of interest exists, the applicant must acknowledge the conflict. 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: 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. 10. Homeowner Responsibilities a. Homeowner responsibilities are specified in the "Homeowner Disclaimer Notice" that will be executed at the time of application for assistance. 11. 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 hiterior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings," b. Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance, Ordinance No. 91-70. 12. Inspections, Work Write-up and Independent Cost Estimate a. Initial inspection will determine any deficiencies. b. The County and/or its Subrecipient will document the results of the initial inspection on an inspection form. c. The inspection report shall be maintained as part of the permanent program file for each homeowner. d. The County, at its' option, may obtain an independent validation of the inspection, work scope and prioritization to include an independent cost estimate, 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. e. 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. f. It shall be the responsibility of the County and/or its Subrecipient to determine and prioritize rehabilitation services beyond immediate health and/or safety concerns to include those items that may have exceeded their useful life, which are identified and prioritized by the inspection. The County may seek an independent validation of the proposed rehabilitation that is beyond the health/safety and/or welfare activities and the cost for any such items identified and prioritized items by the inspection. 13. Bid Specification and Process 1. Bid Specification. a. County and/or its Subrecipient 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 or the General Contractors AIA will provide details to the extent possible of the work to be performed, quality of products to be installed and installation methods. b. The Subrecipient shall develop a cost estimate for the project, if not previously completed by the County or its third party inspector. The County may seek an independent validation ofthe cost estimates prepared by the Subrecipient. The work write- up and cost estimates will be submitted to the County for review and approval prior to the project sent out to bid/quote. c. The completed bid specifications will serve as the basis for bids/quotes 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. d. Once approved by the County, a copy of the signed, completed bid specs or quote may be provided to the homeowner within a reasonable period of time after the completion of the inspection. e. If the County is operating the program through a Subrecipient, 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. If operated by a Subrecipient, the Subrecipient shall issue a NTP to the selected Contractor. 2. Bid Process a. The County and/or the Subrecipient will solicit bids proposals or quotes from local contractors for any upcoming projects. This solicitation will include the date, time and location of the contractor walk-through meeting for each project. The Subrecipient may choose to assign times for each potential bidder. b. The Bid Proposal or Quote will list all specifications of the scope of work to be performed that have been approved by the County. This will ensure that contractors are bidding based on the use of similar or like materials and scope of work. c. A Walk -Through Meeting may be held to view the property, and may be designated as mandatory. At this time, prospective bidders can ask questions and discuss project details with the homeowner(s) and the County and/or Subrecipient 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. In the event that changes are made to the bid spec, the County or its third party inspector may review and approve. All such changes, additions, refinements should be subsequently issued in writing and provided to all interested bidders. This is the fast opportunity for the Contractor to view the property. Contractors may not begin to inspect the home or construction site before the County and/or Subrecipient arrives and the walk-through officially starts or at the assigned time provided by the County and/or Subrecipient to each potential Contractor. d. If a walk through is held, contractors are required to sign in the official attendance sheet or a certification of walk-through developed by the County and/or the Subrecipient. Contractors who do not sign the official attendance sheet or a certification of walk-through will not be eligible for bid selection on the project. Changes, additions or refinements to bid specifications will be reviewed at the end of the walk- through or may be sent out via email to ensure all Contractors/bidders are aware of any changes discussed during the walk-through. If changes are made to the original bid specification, they will be approved first by the County, and then 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 e. After award, change orders are permitted, however prior approval by the County is required for each change order above $500 and in the event the change order will cause the total rehabilitation to exceed the LIIAP per unit rehabilitation maximum it is not permitted without Collier County BCC approval. Change orders in excess of $500 require approval of the County and/or its independent inspector to determine reasonableness and necessity. Change orders under $500 require approval by the County or ifs Subrecipient. f Failure to bid according to the final bid specifications may be just cause for disqualification of the Contractor's bid. g. The Bid/Quote submittal should be submitted on the official bid specification document form provided in the bid documents. 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. h. 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 or its equivalent. A Contractor cannot deviate from the product specified without written authorization from the County and/or Subrecipient. All questions related to the job specifications must be cleared prior to submission of bid by contacting the County and/or Subrecipient. i. Completed written bids/quotes must be delivered to the County and/or Subrecipient on or before the scheduled bid date and specified time via US mail, handelivered, facsimile or email. Late bid responses will not be accepted. 14. Award Selection a. The County and/or Subrecipient will review the bids/quotes 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. b. 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 Subrecipient. c. The following criteria will be used to determine the winning bid: I. The bid is the lowest most responsive bid; ii. License, Certification, and Insurances: 1, Comprehensive General Liability Insurance 2. Workers' Compensation 3. Business License & Tax d. Final bid selection must be approved by the County, and the County may seek input from its independent professional in so doing. e. Notice to Proceed. The County and the Subrecipient will approve the final selection, and the County will issue a Notice to proceed to the Subrecipient. f. Notice of Commencement. 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. 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. ii. Collier County Board of County Commissioners shall be named on the notice of commencement as "lender." iii: The County 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. 15. Contractual Agreement(s) a. The County or Subrecipient will enter into a contract with Contractor approved to complete work on any property assisted under the OOR program. b. The Contractor who is selected will enter into a contract with the Homeowner. 16. Contractor/Subcontractor Responsibilities Contractor/Subcontractor shall have the full responsibility for the general management and supervision of the work completed to homeowners home and to obtain and pay for all necessary permits and licenses necessary for the completion of the project. Contractor/Subcontractor shall not discriminate in performance of rehabilitation against any employee or homeowner because of race, religion, color, sex, national origin, handicap, familial or marital status. Contractor shall comply with Executive Order 11246. a. Commencement of Work i. Work should begin immediately following Notice to Proceed from County and/or Subrecipient. b. Incidental Items i. Items not mentioned in the Scope of Work that can be reasonably and legitimately inferred to be necessary to complete the work shall be furnished and installed as though specified in every detail. c. Security i. The Contractor/Subcontractor is responsible for the security and protection of Owner's property while on the premises and will ensure that the property is locked, secure and safe. ii. The Contractor/Subcontractor maintains sole responsibility for the security of project materials, equipment and/or tools utilized on the project and safety of construction personnel, homeowner and their guests and County staff when at the project site. d. Loss or Damage of Work I. The Contractor/Subcontractor is responsible for any loss or damage to the work until the time of final acceptance by County and/or Subrecipient and Homeowner. ii. Contractor/Subcontractor is responsible for any loss or damage as a result of construction activity, staging, material storage, negligence, etc. iii. Any loss or damage shall be covered by the Contractor's/Subcontractor's insurance policy. c. Correction of Work i. Any work that is found to not conform to the project specifications or is deemed unsatisfactory by the County and/or Subrecipient shall be the responsibility of the Contractor to correct. ii. The Contractor must make corrections to work within a reasonable timeframe that would not cause further inconvenience to homeowner. F. Completion of work i. Time is of the essence on all projects. All work should be satisfactorily completed by the Contractor within 120 days of Notice to Proceed issued by the County or its Subreicpient. If additional time is required, a written request must be delivered to County and/or Subrecipient for approval. The County or its Subrecipient will issue an approval via a new Notice To Proceed indicating the agreed upon end date. ii. Contractor/Subcontractors shall be held accountable for delays due to Contractors/Subcontractors performance. iii. Upon completion of project, the Contractor/Subcontractor will instruct the Homeowner on how to use and maintain all installed fixtures, appliances, air conditioning systems, smoke detectors, etc... iv. Contractor/Subcontractor is responsible for issuance of Final Inspection along with a signature of the homeowner (required for final payment). If the homeowner refuses to sign as long as the unit has been rehabilitated and inspected by the County independent inspector and passed a request for payment can be made to the County and to its Subrecipient. v. Waiver of lien. Upon completion of the repair work, the contractor will be required to execute a waiver of lien. g. Warranty L The Contractor will explain all warranties and give documentation of warranties to the Homeowner. h. Subcontractors i. When Subcontractors are employed, they are bound by the same terms and conditions. ii. Subcontractors shall be used where the experience and expertise of that specific trade is necessary or required by building codes and regulations (ex. Plumbing, Electrical, HVAC, Roofing etc...) Conflict of Interest L The contractor is an independent contractor and not a Subrecipient and shall not be deemed an agent, employee or partner of the county. ii. The contractor covenants that neither he/she, nor any person employed by Contractor, has any interest in the Property and shall not acquire any interest, direct or indirect, in the Property or any other interest which would conflict in any manner or degree with the performance of the rehabilitation they are involved with iii. If the contractor is also the Subrecipient the County will not pay project delivery to the Subrecipient or Contractor iv. 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. 1. 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. 17. Change Orders If, during the course of work, the Contractor encounters unforeseen conditions which impact the work and which could not be initially evaluated, the Contractor shall not proceed without written authorization of the County and/or Subrecipient personnel. i. Change orders will be considered in the cases of circumstances unforeseen at the time of the walk-through or for additional work determined necessary to properly complete repairs or to correct unavoidable damages caused to other parts of the home in making eligible repairs. ii. Changes to original bid must be submitted to County and/or Subrecipient for review and prior approval if in excess of $500 or if total rehabilitation cost with the change order exceeds the LHAP rehabilitation per unit maximum. iii. A price cost analysis may be done to justify additional cost of material or labor for all changes orders over $500 per property. iv. All change orders under $500 per property must include a description of the activity, explanation of why the change is necessary and be signed by the Contractor and the County or its Subrecipient. v. County and/or Subrecipient reserve the right to deny any change order request over $500.00 per property if it is deemed by the County or its third party inspector that the cost is not necessary, allowable or reasonable or for purely cosmetic purposes.. 18. Building Codes and Permits All work shall be done in accordance with federal, state, and local laws, regulations, ordinances, codes, and rehabilitation standards ( may be amended) as interpreted by the Collier County Growth Management Department. 1: The Contractor is responsible for securing and paying for all required building permits as well as for other permits, fees, licenses, and inspections required prior to starting construction operations. 2. A copy of the permit must be verifiable by the County and/or Subrecipient prior to the commencement of work. 3. A copy of the permit shall be placed at the construction site in accordance with the requirements of the Collier County Permitting Services Division. 19. Eligible Cost Including but not limited to the following; a. Repairs/Replacement which are essential to remove an immediate threat to the health, safety or welfare of the occupant or preserve the integrity of the structure as determined by County and/or Subrecipient. b. Repairs to correct/mitigate code violations. c. Cost associated with permits, plans or drawings necessary for the rehabilitation d. Repairs/replacement of HVAC equipment or systems necessary to provide adequate heating and cooling of the dwelling. e. Replacement of roof in-kind (tile, aluminum, shingles, or flat roof) when existing roof is deteriorated or near the end of service life. f. Doors/Walls: i. Replacement of entry doors, including knobs/locks, as necessary to ensure weather -tight and secure entrances to the dwelling. ii. Repair/replacement of defective or deteriorated interior doors and associated hardware. iii. Repair to interior walls and ceilings as may be needed to eliminate air and moisture and water damage. iv. Painting of interior walls and ceilings when associated with other allowable repair work. g. Painting of exterior walls, roof, and trim (including prep work) when necessary to restore protection of exterior surfaces against the weather. h. Repair/replacement/installation of gutters, fascia, soffit and vents, as necessary to provide sound painting surfaces, provide weather protection, provide adequate drainage away from foundation, or restore approved architectural details. i. Appliances: Non-functioning stove and/or refrigerator. j. Electrical repairs needed to correct defects in wiring or fixtures, remove hazards, upgrade systems to better handle modern electrical demands and bring the home's electrical system and sub -systems into compliance with local codes. L Existing non-functioning fixtures, including ceiling fans and security lighting, to be replaced in-kind. k. Plumbing repairs necessary to assure the availability and sanitary delivery of hot and cold running water and sanitary disposal of waste, and repair or replacement of unserviceable fixtures and water heaters. 1. Installation of replacement windows with impact resistant windows, repair broken glazing, replace missing screens, and hardware necessary to make windows operable. in. Replacement or installation of hurricane shutters. n. Treatment for and correction (when cost effective) of structural damage caused by termites or other organisms. o. Demolition of unpermitted improvements, modifications, additions or enclosures. p. Installation of wheelchair ramps and grab -bars, door widening and other safety or accessibility components required by a disabled household member. q. Septic system repairs/replacement. 20. Ineligible Costs a. Interior or exterior repairs deemed cosmetic will not be addressed if they are a stand alone project and not ancillary to necessary rehabilitation above. b. Work on unattached garages and accessory structures, except for demolition. c. Non-essential appliances, including clothes washer/dryer, dishwasher, garbage disposal, microwave oven, humidifier, water softener, etc. d. Funds cannot be used for recreational items such as barbecues, bathhouses, greenhouses, swimming pools, saunas, Jacuzzis, tennis courts or luxury items such as burglar alarms, burglar protection bars, kennels, murals, awnings, patios, decks, and storage sheds/workshops. e. Room additions will not be considered, unless it can be documented that overcrowding exists. 21. Billing and Payments a. Contractor submits request for payment to the County and/or Subrecipient when partial or all work is completed. b. Collier County Clerk's Finance Department shall process payment to the Contractor or to County's Subrecipient and other contractual agreements approved by the Board of County Commissioners for the contract amount and for any additional work authorized by the Division or Subrecipient. c. Payment to Contractor or Subrecipient is contingent on submission of; i. Final inspection from Subrecipient ii. Waiver of Lien from Contractor iii. 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. iv. Waiver of lien release v. Permits, if applicable vi. Final inspection approvals vii. Any other documents requested by the County 22. Rehabilitation Standards a. The Collier County Construction and Rehab Standards shall be used for the level of quality and/or performance that are considered acceptable for the rehabilitation work. 23. Disputes a. Any dispute between Contractor and the homeowner must be resolved between those parties. b. Any dispute between Contractor and the Subrecipient must be resolved between those parties c. Any dispute between homeowner and Subrecipient must be resolved between those parties. d. Disputes with regard to payment or rehabilitation activities under this program will be handled by the County and/or Subrecipient as appropriate. 24. Suspension and Debarment a. Contractors may be suspended or disqualified for any of the following reasons: i. Self-imposed: A contractor may disqualify him/herself before contract signing for conflicting work contracts or personal hardship ii. 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. iii. 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. iv, 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 Subrecipient. v. 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 Subrecipient for the cost of any work performed by another to correct the warranty work. vi. Default: If a contractor defaults or does not complete an assigned project, he/she will be disqualified indefinitely from participating in County housing programs. vii. 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, and public intoxication, and illegal drug use, willful destruction of the homeowner's property or abusive behavior towards the homeowner or County staff. viii. Contractor Negligence: Failure to adhere to building codes, construction industry standards, contract specifications and material requirements. ix. Payment Delinquency: Failure to pay subcontractor or material suppliers. x. Kickbacks/Price Fixing: Accepting kickbacks or price fixing by or between contractors, its employees, officers, owners, agents, partners, representatives or any other affiliates, xi. 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.