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Backup Documents 07/11/2017 Item #11G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 7/11/17 4. BCC Office Board of County Commissioners v\S 7S f I\`Ack 5. Minutes and Records Clerk of Court's Office 9k1 1 1 1 r13 f(q 3.O'�M PRIMARY CONTACT INFORMATION t'[, Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kim Grant Community& 252-6287 Contact/ Department Human Services Agenda Date Item was 7/11/17 Agenda Item Number 4-6.96- Approved by the BCC k— Co Type of Document Resolution Number of Original One !9 Attached 11 '1(43 Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colu c e is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatu STAMP OK JAB 2. Does the document need to be sent to another agency for dditional si res? If yes, NA provide the Contact Information(Name;Agency;Address;P one on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/11/17 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11G Martha S. Vergara From: Martha S. Vergara Sent: Friday, July 14, 2017 9:29 AM To: Grant, Kimberley Cc: HutchinsonBarbetta (BarbettaHutchinson@colliergov.net) Subject: Resolution 2017-143 (Agenda Item #11G from the 7/11/17 BCC Meeting) Attachments: Resolution 2017-143.pdf Morning Kim, Attached for your records is a scanned copy of the aforementioned document. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 1 1G RESOLUTION NO. 2017-1 43 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 «-V\ day of July, 2017, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC ,Clerk COLLIE r Ay TY, FLORIDA By: d /.� y: Attest as :1),put PENNY T R, CHA AN signature pproved a t€if7'r ;a ;+ egality: Jennifer . Belpedio p� Assistant County Attor � 1 G 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 LI-TAP 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 U 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 Eli ible Cost 19igible Cost 20 Billing and Payments 21 Rehabilitation Standards 22 Disputes 23 Suspension and Debarment 24 Other Federal Regulations 1. Definitions. HG 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, Ira-Kurd-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 (LIIAP), 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 11G . 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. 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 OOR Program meet specific income limits as determined by HUD annually, based on household size for Collier County. 11G 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. 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-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'. 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 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 from the appraiser's office 11G k. The property may have the following liens and still remain eligible for assistance: i. A code enforcement lien that has been abated or that will be abated through the use of rehabilitation funds. ii. A down payment assistance lien iii. An affordable housing density bonus agreement iv. Impact fee deferrals: 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 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 maximum the 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 11G 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. 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. 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 Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings," b. Improvements must comply with the Collier County Historic/Archaeological 1 IGS 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 A l A 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 of the 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 l ' s 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 first 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 theworkis 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 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 or it's Subrecipient. 116 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; H. License,Certification,and Insurances: I. 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. 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, 11G 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(l)(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. e. Correction of Work i. Any work that is found to not conform to the project specifications or is 11G deemed unsatisfactory by the County and/or Subrecipient shall be the responsibility of the Contractor to correct. H. 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 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 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. 11G 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. I. 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. 1. Doors/Walls: 11G 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. 1. 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. 20. InelEible 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. 11G 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; is 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 11G 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. 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.