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Agenda 06/24/2014 Item #16D 16/24/2014 16.D.1. EXECUTIVE SUMMARY Recommendation to approve a State Housing Initiative Partnership Subrecipient Agreement with Centro Campesino Farmworker Center, Inc. for the administration of an Owner- Occupied Rehabilitation Program for a total contract award of $856,000 and to accept a six -month extension of the expenditure deadline for SHIP Fiscal Year 2011/2012 program funds granted by the Florida Housing Finance Corporation. OBJECTIVE: To continue to promote affordable housing strategies for low- to moderate - income persons through the State Housing Initiatives Partnership Program. CONSIDERATIONS: On July 7, 1992, the Florida legislature enacted the William E. Sadowski Affordable Housing Act to provide additional funding to local communities to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real estate transactions. Under the State Housing Initiatives Partnership (SHIP) program, Collier County and the City of Naples receive funds from the State of Florida through the Florida Housing Finance Corporation to undertake eligible activities. SHIP Subrecipient Agreement: Staff was directed by the Board in mid 2013 to establish an owner - occupied rehabilitation program utilizing an outside vendor. On May 14, 2013, the Board approved an amendment to the FY2011 -2013 Local Housing Assistance Plan (LHAP) to include owner - occupied rehabilitation with a sponsor- driven approach in the plan (Agenda item 16D8). The SHIP LHAP identifies eligible strategies and serves as a guideline for the use of all SHIP funds. Rehabilitation of owner- occupied properties has been shown to preserve neighborhoods and assist in reducing declines in property values that result from deterioration. In response to these needs, and the Board's desire for a rehabilitation program, staff prepared an amendment, with technical assistance from the state, to the SHIP 2013 -2016 LHAP and submitted it to the Florida Housing Finance Corporation (FHFC) for review and approval to add owner- occupied rehabilitation to the County and City of Naples SHIP strategies. This was approved by the FHFC and then by the Board on the April 8, 2014 (Agenda item 16D1). In parallel, staff advertised a request for application cycle on January 21, 2014 with a 30 -day submittal period to secure a non - profit organization to implement the Owner - Occupied Rehabilitation program. Housing, Human and Veteran Services (HHVS) received one application in response, from Centro Campesino Farmworker Center, Inc. On March 19, 2014, a review panel interviewed the applicant and recommended award to Centro Campesino Farmworker Center, Inc. Centro Campesino has operated over 42 years as a non - profit community development corporation providing services to South and Central Florida residents of low -to- moderate income. Centro Campesino has administered similar rehabilitation programs using SHIP funding in other counties, including Hendry and Desoto. Other Federal and State programs Centro has administered include Weatherization and Low Income Home Energy Assistance Programs. Centro's Director of Construction Services holds a Florida General Contractors license and has 29 years of experience in homebuilding and construction management. Their Inspector of Testing & Quality Control works directly with clients, ascertaining their eligibility and needs and assisting them throughout the construction process. The Subrecipient Agreement provides for an Owner- Occupied Rehabilitation program to be administered by Centro Campesino Farmworker Center, Inc. and is designed to assist income - eligible homeowners that own and occupy their home by providing necessary repairs to correct code violations or make emergency Packet Page -1065- 6/24/2014 16.D.1. repairs that will impact their health, safety and welfare. The subrecipient will carry out the housing rehabilitation contract management and inspection of the Owner - Occupied Rehabilitation Program and shall perform technical and administrative work involving the repair and renovation of residential properties in the program. HHVS will have a properly procured independent professional review all inspections, quotations, etc. to ensure best value and only necessary repairs are made. Staff has met with the Finance Department staff to explain the program's planned operations and controls. The subrecipient will establish a contractual relationship with the homeowner and with the competitively selected contractor to ensure all parties are aware of the program requirements and the tasks and deliverables required. Staff looked at other counties that administer rehabilitation programs specifically, Hillsborough County, which currently administers a rehabilitation program through a subrecipient agreement. Hillsborough County does require a contract between their subrecipient and the homeowner and the county and the homeowner, but no direct agreement between the contractor and the homeowner or the subrecipient and contractor. It has been determined by staff that the most appropriate subcontractual arrangement is that which Centro Campesino will establish, thus mitigating and reducing exposure and risk to Collier County. There will be an agreement between Collier County and the homeowner through a promissory note and mortgage loan that will define the terms of the mortgage and promissory note and will be recorded in the public records prior to any work commencing on the homeowner's unit. A modification will be done at the completion of the rehabilitation of the unit to reflect the actual rehabilitation cost expended. The proposed subrecipient agreement allows for funding from three fiscal years as follows: Fiscal Year `` Maximnin Pro "ect'Delnve . ' Rehm Fand Total .: , 2011 -2012 $15,000 $135,000 $150,000 2012 -2013 $22,600 $203,400 $226,000 2013 -2014 $48,000 $432,000 $480,000 Total Funds 585,600 $770,400 $8569000 * Funds paid directly to the Subrecipient to administer the program. SHIP expenditure extension acceptance: Collier County was allocated a total of $430,987.00 from State Fiscal Year 2011 -2012 funding and has generated $356,021.51 of program income and carry - forward for a total of $787,008.51. The funds are used to implement SHIP program strategies outlined in the 2010 -2013 LHAP. Terms of the grant include a requirement to expend seventy -five percent of the funds on rehabilitation projects and a requirement to expend all funds within a three -year timeframe. Purchase Assistance to first -time homebuyers has been the primary initiative of the County's SHIP program. The County experienced some difficulty in meeting the total rehabilitation set -aside requirement because there has been little new construction recently for those homebuyers also qualifying for the purchase assistance program, and therefore was in risk of not expending FYI 1/12 funds by the required deadline of June 30, 2014. In light of this, staff submitted a formal request to FHFC to extend the expenditure deadline for Collier County's FY 11/12 SHIP funding from June 30, 2014 to December 31, 2014. This six -month extension will allow staff time to enter into a subrecipient agreement with an outside organization to administer a residential rehabilitation program. The new outsourced rehabilitation program will assist the County in meeting the rehabilitation set -aside requirement, of which approximately $150,000 remains to be spent by Packet Page -1066- 6/24/2014 16.D.1. the deadline. On April 10, 2014, FHFC approved the County's request. Such approval is back -up to this item. FHFC does not require the Board Chairman to sign a document for the extension to take effect. Rehabilitation Ordinance Revisions: Ordinance 94 -39 as amended, governs the County's Rehabilitation program. Staff will be bringing forth a request to modify this ordinance, in particular, to recognize an arms - length implementation approach. The Ordinance modification will be the final step to fully implementing the new Owner- Occupied Rehabilitation program. FISCAL IMPACT: Funds are available within SHIP Grant Fund 791, Project 33198, 33222, and 33258. The proposed action does not have an impact on the General Fund due to a recent notification of state funding which will provide future administration throughout County FYI 5. LEGAL CONSIDERATIONS: Rule 67- 37.005(6)(i), Florida Administrative Code, allows the expenditure deadline to be extended with good cause, a determination that has already been made by Florida Housing Finance Corporation's Review Committee. This item has been approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: Acceptance of these funds will allow the County to expand affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a State Housing Initiative Partnership Subrecipient Agreement with Centro Campesino Farmworker Center, Inc. and to accept a six -month extension of the expenditure deadline for State Housing Initiatives Partnership program Fiscal Year 2011/2012 funds granted by the Florida Housing Finance Corporation. Prepared By: Priscilla Doria, Grant Coordinator, Housing, Human & Veteran Services Attachments: 1. SHIP Extension Approval 2. CCFC Agreement 3. Collier County Rehab Standards 4. SHIP Solicitation (Due to the size of the solicitation, a web link has been provided for viewing at http: / /www.colliergov. net / ftp/ AgendaJune24 /PubServices /16D112111 SHIPOORPSolicitation.pdf A hard copy is also available at the County Manager's Office) 5. Application (Due to the size of the solicitation, a web link has been provided for viewing at http: / /www.colliergov. net /ftp /AgendaJune24/PubServices /1 6D 1 12111 CCFCAPPLICATION.pdf A hard copy is also available at the County Manager's Office) Packet Page -1067- 6/24/2014 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve a State Housing Initiative Partnership Subrecipient Agreement with Centro Campesino Farmworker Center, -Inc. for the administration of an Owner- Occupied Rehabilitation Program for a total contract award of $856,000 and to accept a six -month extension of the expenditure deadline for SHIP Fiscal Year 2011/2012 program funds granted by the Florida Housing Finance Corporation. Meeting Date: 6/24/2014 Prepared By Name: DoriaPriscilla Title: Grants Coordinator, Housing, Human & Veteran Services 5/22/2014 8:52:20 AM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 5/23/2014 1:33:37 PM Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 5/23/2014 4:54:04 PM Name: MaeEsther Title: Accountant, Senior, Housing, Human & Veteran Services Date: 5/23/2014 4:54:13 PM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 5/23/2014 5:24:49 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/9/2014 9:10:05 AM Name: AlonsoHailey Packet Page -1068- 6/24/2014 16. D.1. Title: Operations Analyst, Public Services Division Date: 6/10/2014 8:58:44 AM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/10/2014 4:14:43 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/11/2014 8:17:57 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/12/2014 10:14:40 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/12/2014 11:24:12 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 10:04:01 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/13/2014 5:30:57 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/16/2014 9:46:47 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 2:13:42 PM Packet Page -1069- 6/24/2014 16.D. I. From: Terry AMIN12r To: DoriaPriscilla Cc: SonntaaKristi; GranJKimherlev Subject: RE: Collier County SHIP Expenditure Extension Date: Thursday, April 10, 2014 2:15:48 PM Extension Request for Expenditure of SHIP Funds for Fiscal Year 2011/2012 Dear Ms. Grant: The Florida Housing Finance Corporation is in receipt of your correspondence dated April 9, 2014 requesting an extension of the expenditure deadline for the SHIP Allocation for Fiscal Year 201112012. According to Rule 67 -37, which governs the SHIP program, exceptions to the timeframe, are allowable under certain conditions, as detailed below: The fiends deposited to the local housing assistance trust,firnd must be spent within twenty - four months from the end of the applicable State fiscal year. Exceptions to this tinge ji°anle niust be approved by u majority vote oj'the Review Committee on a case -by -case basis. Exceptions will only be granted for good cause. Examples of good cause are natural disasters, requirements of other State agencies, adverse market conditions, and unavoidable development delays. Adequate documentation must be presented to the Review Committee before an extension will he granted, e.g.., project status, work plan and completion schedule, commitment of funds, etc. Florida Housing believes that your current situation warrants an extension based on the reasons presented in your correspondence. Therefore, your deadline to expend funds for the 2011/2012 fiscal year is extended by six (6) months. The new deadline is December 31, 2014. We do stipulate, however, as a part of this extension, when requested, the County provide the Corporation a written update outlining the status of the current spending. Please keep in mind that you are still required to submit an annual report on September 15, 2014. The Corporation commends your continuing efforts to benefit the citizens of Florida through the SHIP program. If we can be of assistance to you in the administration of your SHIP Program, please don't hesitate to contact us. Robert Dearduff SHIP Administrator Let me know when you are ready to submit, I will need to "code" your report to allow you to submit with funds in an encumbrance state. Packet Page -1070- 6/24/2014 16. D.1. Grant - SHIP FY 2011 -2012 SHIP FY 2012 -2013 SHIP FY 2013 -2014 Activity: - Owner - Occupied Rehabilitation Program Subrecipient: - Centro Campesino- Farmworker Center, Inc. DUNS # - 173849191 CSFA # - 52.901 AGREEMENT BETWEEN COLLIER COUNTY AND CENTRO CAMPESINO- FARMWORKER CENTER, INC. THIS AGREEMENT is made and entered into this day of , 2014, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee ") having its principal address as 3339 E. Tamiami Trail, Suite 211, Naples FL 34112, and "Centro Campesino- Farmworker Center, Inc." a private not- for - profit corporation existing under the laws of the State of Florida, having its principal office at 35801 SW 186"' Avenue, Florida City, Florida 33034 -5508 WHEREAS, the COUNTY is the recipient of State Housing Initiatives Partnership Program (SHIP) Program funds; and WHEREAS, pursuant to the State Housing Initiatives Partnership Program, the COUNTY is undertalcing certain activities to primarily benefit persons or households earning not greater than 120% of median annual income adjusted for family size; and WHEREAS, the Fiscal Year 2010 -2013 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 27, 2010, Resolution No. 2010 -84; Fiscal Year 2013 -2016 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 23, 2013, Resolution No. 2013 -94 and further amended on April 8, 2014, Resolution No 2014 -67 (Item #16D10); and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the owner occupied rehabilitation as specified in Exhibit "A" of this Agreement and in accordance with the aforementioned Local Housing Assistance PIans; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Page 1 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1071- 0 I. II. III. IV V. 6/24/2014 16.D.1. DEFINITIONS AND PURPOSE A. DEFINITIONS Terms shall be as defined in the State Housing Initiatives Partnership (SHIP) Program, 420.9071 and Chapter 67 -37 of the Florida Administrative Code, and any amendments thereto (also referred as the SHIP Program). B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Service summarized in Section II of this Agreement. SCOPE OF SERVICE The SUBRECIPIENT shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits A -C (Program Narrative, Budget Narrative, and Disbursement Schedule) in accordance with the terms and conditions of "Requests for Applications, Owner - Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscals Years 2011 -2012, 2012 -2013, and 2013- 2014" and Subrecipient's Application. SPECIAL GRANT CONDITIONS A. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds: 1. Affrrinative Fair Housing Policy 2. Procurement Policy including Code of Conduct 3. Affirmative Action/ Equal Opportunity Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Sexual Harassment Policy TIME OF PERFORMANCE This Agreement shall be in effect from June 24, 2014 through September 30, 2015 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit B (Budget Narrative). AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SUBRECIPIENT during the term of the Agreement shall be EIGHT HUNDRED FIFTY- SIX THOUSAND DOLLARS ($856,000.00). SHIP- Owner Occupied Rehabilitation Page 2 of 23 Centro Campesino Farrnworker Center, Inc, Packet Page -1072- VI. 6/24/2014 16.D.1. The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $ 770,400.00 occupied units. Project Component Two: Project Delivery Fee $85,600 *not to exceed for entire ,,rant TOTAL $ 856,000.00 Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a cost category and activity shall only be made with Board approval. All services specified in Section II. Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and State requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. SUBRECIPIENT may not request disbursement of SHIP funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of this Agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice, Page 3 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page - 1073 - 0 6/24/2014 16.D.1. COLLIER COUNTY ATTENTION: Priscilla. Doria, Grant Coordinator Collier County Government Housing, Human & Veteran Services Department 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 mailto:PriscillaDoria(Colli ergov.net Phone: 239- 252 -5312 SUBRECIPIENT ATTENTION: Diane Cantor, Executive Director Centro Campesino- Farmworker Center Inc. PO Box 343449 Florida City, FL 33034 Dcantornccfcfl.or (305)245 -7738 extension 228 VII. GENERAL CONDITIONS A. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements as outlined in Section 420.907 of the Florida Statutes and Chapter 67 -37 of the Florida Administrative Code. The SUBRECIPIENT also agrees to comply with all other applicable state and local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT agrees to utilize funds available under this Agreement for the Owner Occupied Rehabilitation Program exclusively for repairs for persons and households, and for project delivery costs and construction costs associated with the each completed unit. B. CODE OF ETHICS AND CONDUCT The SUBRECIPIENT shall comply with the Code ethics and Conduct for Homeownership Professionals developed by the Advisory Council for the National Industry Standards for Homeownership Education and Counseling. Adhering to this code of ethics is critical to demonstrating ethical conduct within the housing counseling profession. This code of ethics is not intended to replace, but rather to supplement, any code of ethics that SUBRECIPIENT already uses in their organization. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent SUBRECIPIENT. Page 4 of 23 SHIP - Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, CA Packet Page -1074- N E. F. G IM 6/24/2014 16.D. I. WORKERS' COMPENSATION The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. INSURANCE The SUBRECIPIENT shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least $1,000,000 per occurrence. INDEMNIFICATION The SUBRECIPIENT shall indemnify and hold Collier County harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits relating to this Agreement, and shall pay all costs and judgments which may issue thereon. In particular, the SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds which the COUNTY is obligated to refund the State arising out of the conduct of activities under this Agreement. GRANTOR RECOGNITION The SUBRECIPIENT shall ensure recognition of the role of the grantor agency and the SHIP Program in providing services under this Agreement. All publicity materials or notices pursuant to this Agreement shall be prominently labeled as to funding source. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with State or local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. The COUNTY and /or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this Agreement. No amendments to SHIP- Owner Occupied Rehabilitation Page 5 of 23 Centro Campesino Farmworker Center, Inc, Packet Page -1075- 0 6/24/2014 16.D.1. this Agreement will be granted ninety (90) days prior to end date of this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. SUSPENSION OR TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying.the effective date thereof at least 30 days before the effective date of such termination. In the event of any termination, all finished or unfinished documents, data, reports or other materials prepared by the SUBRECIPIENT under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein, in addition to other remedies as provided by law. COUNTY shall thereupon have the right to terminate this Agreement or suspend payment in whole or .part by giving written notice to the SUBRECIPIENT of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. If payments are withheld, Housing, Human and Veteran Services Department ( "HHVS ") staff shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be Iimited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. PURCHASING All purchasing for services and goods (ail rehabilitation goods and services shall be in accordance with Exhibit A, Section C of this Agreement), including capital equipment, shall be made by either issuance of a purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Ordinance and Procedures. Page 6 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1076- VIII. 0 C 6/24/2014 16.D.1. Purchasing Threshold Policy Dollar Range Quotes Under $3,000 1 Written Quote $3,000 to $50,000 3 Written Quotes Above $50,000 Request for Proposal (RFP) Invitation for Bid (IFB) ADMINISTRATIVE REQUIREMENTS RECORDS TO BE MAINTAINED The SUBRECIPIENT shall maintain all records required by the COUNTY that are pertinent to the activities to be funded under this Agreement as established in Exhibits "A" (Program Narrative). RETENTION The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years fiscal years after the funds have been expended and accounted for and /or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted you must retain all records no less than five (5) years after the loan has been satisfied, provided audits have been released, whichever is later. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the ten - year period, whichever occurs later. DISCLOSURE The SUBRECIPIENT shall maintain records in accordance with Florida's Public Records Law (Chapter 119, Florida Statutes). D. CLOSEOUTS The SUBRECIPIENT' S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments and determining the custodianship of records. SUBRECiPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the SHIP- Owner Occupied Rehabilitation Page 7 of 23 Centro Campesino Farmworker Center, Inc, Packet Page -1077- 6/24/2014 16.D.1. custodianship of records. In addition to the records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobiigated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. E. AUDITS AND INSPECTIONS 1. Audits Pursuant to Florida Statute 215.97(6) (Florida Single Audit Act), in the event that the SUBRECIPIENT expends a total amount of State awards equal to or in excess of $500,000 in any fiscal year of such SUBRECIPIENT, the SUBRECIPIENT must have a. State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.650, Rules of the Auditor General. In connection with these audit requirements, the SUBRECIPIENT shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 45 days after delivery of the financial reporting package to the SUBRECIPIENT, but no later than nine (9) months after the SUBRECIPIENT's fiscal year end. If the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the SUBRECIPIENT expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds. 2. Inspections The SUBRECIPIENT'S records with respect to any matters covered by this Agreement shall be made available to the COUNTY and /or the Florida Housing Finance Corporation (FHFC) at any time during normal business hours, as often as the COUNTY or the FHFC deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. F. MONITORING The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) Page 8 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, G Packet Page -1078- G. 6/24/2014 16.D.1. annual on -site monitoring visit and evaluation activities as determined necessary; in addition, FHFC may conduct a monitoring visit to inspect records and meet with homeowner. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS to monitor the SUBRECIPIENT on site. Such site visits may be scheduled. or unscheduled as determined by HHVS. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and. performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. CORRECTIVE ACTI Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution 2013 -228, HHVS has adopted an escalation policy to ensure continued compliance by recipients, subrecipients, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non- compliance is as follows: Initial non - compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to HHVS within 15 days following the monitoring visit. o Any pay requests that have been submitted to the HHVS for payment cannot be submitted until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non - compliance issue. 2. If in the case an entity fails to submit the corrective action plan in a timely manner to HHVS, HHVS may require a portion of the awarded grant amount be returned to HHVS. Page 9 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1079- G (I 6/24/2014 16.D.1. o The County may require upwards of five percent (5 %) of the awarded amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution 2013 -228 If in the case an entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non- compliance by certified mail; the Department may require aportion of the awarded grant amount be returned to the Department. o The County may require upwards of ten percent (10 %) of the awarded amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution 2013 -228 4. If in the case after repeated notification the entity continues to be substantially non - compliant, HHVS may recommend the contract or award be tenninated. o HHVS will make a recommendation to the Board of County - Commissioners to immediately terminate the agreement or contract. The entity will be required to repay all funds disbursed by the County for project that was terminated. o The entity will be considered in violation of Resolution No. 2013 -228 If in the case the entity has multiple agreements with the County and is found to be non- compliant, the above sanctions may be imposed across all awards at the Board of County Commissioner's discretion. H. PAYMENT PROCEDURES The COUNTY shall make payments to the SUBRECIPIENT as outlined in Exhibit C, Disbursement Schedule. The County will perform a review and inspection of the Project prior to each additional Disbursement, verifying that the costs claimed are allowable, unit rehabilitation is satisfactory and reports are timely as outlined under the provisions of this Agreement. Failure to submit required progress reports will result in payment delays. I. PROGRESS REPORTS The SUBRECIPIENT shall submit regular Monthly Progress Report (Exhibit F) to the COUNTY in the form, content and frequency required by the COUNTY. IX. CIVIL RIGHTS COMPLIANCE Page 10 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1080- 6/24/2014 16.D.1. The SUBRECIPIENT agrees that no person shall, on the ground of race, creed, color, religion, national origin, sex, handicap, familial status, marital status or age be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the SUBRECIPIENT in performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. The SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. X. PROHIBITED ACTIVITY The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable law. XII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) enumerated pages and the exhibits and attachments referenced herein, shall be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. * *Remainder of page intentionally left blank. Signature page to follow." SHIP- Owner Occupied Rehabilitation Page 11 of 23 Centro Campesino Farmworker Center, Inc, Packet Page -1081- 6/24/2014 16. D.1. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: , Deputy Clerk (SEAL) By: TOM HENNING, CHAIRMAN Centro Campesino- Fannworker Center, .Inc., By: Subrecipient Signature Subrecipient Name Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney This Agreement has been approved on day of , 2014. Agenda Item Page 12 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Faimworker Center, Inc, elf Packet Page -1082- 6/24/2014 16.D.1. EXHIBIT A PROGRAM NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The Owner Occupied Rehabilitation Program is designed to assist income eligible-homeowners that own and occupy their home by providing SHIP funds to assist with necessary repairs to correct code violations or emergency repairs that impact their health, safety and welfare. The home must be suitable for rehabilitation and located within the unincorporated and incorporated areas of Collier County. The Owner Occupied Rehabilitation Program shall at all times be administered in accordance with Collier County's Rehabilitation StandardsOrdinance No. 94 -39, as amended, as it may be modified, and the Owner Occupied Rehabilitation Assistance Strategy as outlined in the County's 2010 -2013 and 2013 -2016 SHIP Local Housing Assistance Plans, as amended (Exhibit H and I). A. DESCRIPTION OF WORK TO BE PERFORMED The Collier County HHVS staff will advertise for, income qualify each homeowner, maintain any waiting lists, as applicable, and ensure that all applicable data is kept in each income qualified homeowner file. HHVS will include in its income certification of clients, those households which have been certified to meet the 20% special needs requirement. HHVS will ensure that the existing housing will not exceed 90 percent of the average area purchase price in the statistical area in which the eligible housing is located at the time of initial application. HHVS will ensure that prior to construction beginning; the homeowner(s) must execute a mortgage and promissory note for the maximum amount of assistance which will be modified after final completion of work to unit to reflect the actual amount of funds expended. HHVS will ensure compliance with all applicable SHIP regulations and coordinate with a third -party inspector to conduct final inspections of the completed rehabilitation. The thud -party inspector will also evaluate the work write -ups prior to the SUBRECIPIENT issuing the ITB's. SUBRECIPIENT will carry out the housing rehabilitation contract management and inspection of the Owner Occupied Rehabilitation Program. SUBRECIPIENT shall perform technical and administrative work involving the repair and renovation of residential properties in the program following steps listed below: SUBRECIPIENT will meet with bomeowner, and conduct an inspection of the home to determine the needs of the home along with any health safety issues not identified that would impact the County's ability to authorize the work. Once evaluation is complete, the SUBRECIPIENT will create a scope of work, including deliverables for the unit. SUBRECIPIENT will issue either a Request for Proposal (RFP) or Invitation to Bid (ITB) to potential building contractors. Each RFP will be advertised for at least twenty -one (21) days. Each ITB will be advertised for ten (10) days and in accordance to the Purchasing Ordinance. SUBRECIPIENT shall be responsible for issuing the RFP or ITB, responding to questions, conducting the walk - through with the potential contractors and making the recommendations for awards. Page 13 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1083- 6/24/2014 16.D.1. SUBRECIPIENT shall issue a Notice to Proceed to the winning contractor with a specified period to begin and complete the contract. The time to complete the project will be identified in the scope of work. If the work takes longer than identified depending on unforeseen circumstances (weather, back orders of building materials, etc) the SUBRECIPIENT must document the delay and must gain prior approval by IIHVS Grant Coordinator prior to authorizing the project's time extension. Close out documentation shall include copies of any warranties transferred to the homeowner, and submission of all final pay requests to HHVS. As issues arise, SUBRECIPIENT shall serve as mediator to resolve any contract disputes between homeowner and the contractors, while providing support and guidance to the homeowner throughout the process. B. WORKING HOURS Regular service shall be made available between the hours of 8:00 AM to 5:00 PM, Monday through Friday, excluding County recognized holidays. There may be times when the SUBRECIPIENT may have to accommodate the homeowner and be available after hours. C. ESTIMATES: The SUBRECIPIENT shall solicit a minimum of three (3) written estimates from licensed contractors on all rehab projects and provide those estimates to the County prior to final contractor selection for an independent review and evaluation. SUBRECIPIENT must verify contractor eligibility and proposal for work shall be reasonable and be within ten (10) percent of the cost estimate. D. LEVELS OF ACCOMPLISHMENT 1. Successful repair and closeout of an eligible owner - occupied housing unit. 2. Successful documentation and monthly submittal of Progress Reports. 3. Successful expenditure of fiscal year funding by scheduled deadline dates. E. PROJECT RECORDS The SUBRECIPIENT will be required to make all documents pertaining to the program available, upon request, without charge, to any federal, state or Collier County agency upon request. Records shall include at a minimum, the following and provide to the County as requested or at Project Closeout: Written inspection report on the unit describing code violations, a work write -up providing detailed specifications to be used in addressing the code violations and general property and energy efficiency improvements, an in -house cost estimate, copies of all bid documents and bids (a minimum of three bids on each work Page 14 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1084- 6/24/2014 16.D.1. write -up). 2. Proof of a contractual agreement between Subrecipient and the homeowner and Subrecipient and the contractor (or subcontractors) licensed to pull required permits in Collier County. 3. Proof of completion of repairs identified in Exhibit C. Page 15 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworlcer Center, Inc, Packet Page - 1085 - 6/24/2014 16.D.1. EXHIBIT B BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SUBRECIPIENT for the Owner - Occupied Rehabilitation Program shall be $856,000.00. Sources for these.funds are as folloivs: I fiscal tear Project Delivery Relwb Fund Total Expenditure Deadline 2011 -2012 $15,000* $135,000 $150,000 1213112014 2012 -2013 $22,600* S203,400 5226, 000 413012015 2013 -2014 $48,000* 1$432,000 $480,000 713112015 Total Funds 1 $85,600 $774;40© $856,004 "maxirnunr project delivery Uses of these funds are as follorps: Funds shall be disbursed in the following manner for the following uses: 1. Maximum funding per unit is $30,000.. 2. At least 20% of SHIP FY 2013 -2014 funds will be used to assist households with special needs or persons with developmental disabilities as defined in Section 393.063, Florida Statutes; with an emphasis on home modifications, including technological enhancements and devices, which allow homeowners to remain independent in their own homes and maintain their homeownership. 3. Fiscal Year 2011 -2012 funding will only be used to assist those homes built before December 31, 2010. 4. Fiscal Year 2013 -2014 funding will only be used to assist those homes built before December 31, 2012. 5. A project delivery fee of 10% of the total award shall be paid for each completed unit for total compensation not to exceed $15,000 for FYI 1-12; $22,600 for FY 12 -13; $48,000 for FY 13 -14. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. Page 16 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farnzworker Center, Inc, Packet Page - 1086 -_ - -' 6/24/2014 16.D.1. EXHIBIT C DISBURSEMENT SCHEDULE 1. Upon satisfactory expenditure and with satisfactory completion of each unit rehabilitated, funds will be released. 2. Submission of Exhibit "E "- Request for Payment to include all supporting documentation; A. Rehabilitation Proof of completion of the repairs identified in the work write -up, as evidenced by the following; + Certificate of occupancy or hard cards showing County building official approval of work requiring County permit (if applicable); • A copy of the release of liens; • A copy of the invoice submitted to the Subrecipient by the contractor; + A copy of the check paid to the contractor (or copies of checks paid to subcontractors) by the SUBRECIPIENT; • Project Pictures (before and after); • Schedule of Values. . Page 17 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1087- `+ EXHIBIT D REPORTING REQUIREMENTS OWNER - OCCUPIED REHABILITATION PROGRAM Contract Period State Date: June 24, 2014 Contract Period End Date: September 30, 2015 Type of Report I Period Covered /Supporting Documents 1. Monthly Progress Report 3. Financial & Compliance Audit 3. Invoice Period covered by the previous month. • Exhibit "F "- Monthly Progress Report Other: • Listing of any special issues or items of concern to SUBRECIPIENT relating to the Rehabilitation. • Copy of Ammual Audit • Exhibit "G "- Annual Audit Monitoring Report • Exhibit "E"- Request for Payment 6/24/2014 16.D.1. Date Due By the 15t1' of the following month. 180 days after end of fiscal year Upon final completion of a unit Page 18 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Faimworker Center, Inc, Packet Page -1088- ._ EXHIBIT E REQUEST FOR PAYMENT Sub recipient Name: Centro Campesino-Farmworker Center, Inc. Sub recipient Address: PO Box 343449, Florida City, FL 33034 Project Name: Owner- Occupied Rehabilitation Program SHIP FILE # Homeowners Property Address: Total Rehab Cost Requested Total Project Delivery Requested Total Invoice Cost Requested: 6/24/2014 16.D.1. (10% of total rehab cost) Check documents provided with request for payment; Invoice from Contractor Cleared Check and/or Bank Statement Waiver of lien Release Schedule of Values Certification of Completion signed by Subrecipient and Homeowner Subrecipient Agreements with Contactor and Homeowner Permits issued, if applicable Certificate of Occupancy, if applicable Pictures: Initial and Final I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing HHVS Grant Coordinator HHVS Supervisor. HHVS Dept Director SHIP- Owner Occupied Rehabilitation Date (approval authority under $15,000) (approval required $15,000 and above) Page 19 of 23 Centro Campesino Farmworker Center, Inc, r '-7- Packet Page -1089- 6/24/2014 16.D.1. EXHIBIT F MONTHLY PROGRESS REPORT Complete, form for past month and submit to Housing, Human and Veteran Services' staff by the 15h of the following month. Status Report for Month of: Submittal Date: Project Name: SHIP Owner - Occupied Rehabilitation Project Number: SHIP -FY12; 13; 14 SUBRECIPIENT: Centro Campesino - Farmworker Center, Inc. Contact Person(s): Jorge Barrios, Director of Construction Mayra Rodriguez, Operations Manager Telephone: 305- 245 -7738 Ext. 236 Fax: 305 -247 -2619 E -mail: mrodri uezaa,ccfcfl.orc PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events /actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Signature Title SHIP- Owner Occupied Rehabilitation Date Page 20 of 23 Centro Campesino Farmworker Center, Inc, Packet Page -1090- 6/24/2014 16.D.1. EXHIBIT G ANNUAL AUDIT MONITORING REPORT We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year indicated above ❑ Are a for- profit organization ❑ Are exempt for other reasons — explai An audited financial statement is attached and if applicable, the independent auditor's management letter. (if findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement :hereby certify that the above information is true and accurate Signature I Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirement Page 21 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1091- 6/24/2014 16.D.1. EXHIBIT H COLLIER COUNTY 2010 -2013 LOCAL HOUSING ASSISTANCE PLAN (LHAP), as it may be amended. APPROVED APRIL 27, 2010, ITEM #16.D.11, RESOLUTION 2010 -84 AMENDED MAY 14, 2013, ITEM# 16.D.8, RESOLUTION 2013 -106 THE ENTIRE LHAP IS INCORPORATED BY REFERENCE SHIP- Owner Occupied Rehabilitation Page 22 of 23 Centro Campesino Farmworker Center, Inc, Cq � Packet Page -1092- 6/24/2014 16.D.1. EXHIBIT I COLLIER COUNTY 2013 -2016 LOCAL HOUSING ASSISTANCE PLAN (LHAP), as it may be amended. APPROVED APRIL 23, 2013, ITEM # 16.D.4, RESOLUTION 2013 -94 AMENDED APRIL 8, 2014, ITEM# 16.13.1, RESOLUTION 2014 -67 THE ENTIRE LHAP IS INCORPORATED BY REFERENCE Page 23 of 23 SHIP- Owner Occupied Rehabilitation Centro Campesino Farmworker Center, Inc, Packet Page -1093- 6/24/2014 16. D.1. COLLIER COUNTY, FLORIDA CONSTRUCTION & REHAB STANDARDS FINAL September 24, 2012 Revised 2/2013 Revised 4/2013 Packet Page -1094- 6/24/2014 16.D.1. A NOTE FROM YOUR EDITOR RE: STANDARDS Design Levels Defined 1) A building standard defines the "what" of a potential project. It is the nontechnical (generally) directions from an owner to a designer. 2) The building code is the technical minimum requirement for a specific building component. It is the local government's minimum law to create a safe, structurally sound and oft times energy efficient home. 3) The manufacturer's instructions are the detailed, very targeted directions to a contractor or a subcontractor on the installation and operating details of a specific product manufactured by a specific company. 4) A work write -up or set of rehab specifications is a balanced set of directions to a contractor. It should include sufficient information to bid both the "what is required" as well as the "how it should be installed." The work write -up is formatted in a way that it can be effectively cost estimated and later used as a tool to verify the percentage of completion of individual scopes of work. Standards: Codes There are significant differences between construction standards, the building code and a set of specs or work write -up. Standards are never "below .code" because they reference each code by year and author at the beginning on the frontice page. These standards are listed in two major categories. One category is mandatory and the second is a list of optional standards, sometimes codes, sometimes performance standards like LEED or Universal Design or remediation protocols for mold, etc. that are not always required in a minimum property but are eligible expenses. Standards: Include Amenities The building code is a description of the lowest level of construction that is allowed by a specific jurisdiction. Sometimes it is low quality, sometimes its moderate quality, but it is almost never the State of the Art in construction. Standards quantify design variables like, "How big a house will our program provide? 2,800 SF, 3 bedrooms or 1,300 SF, 3 bedrooms? This is not a building code question; it is a building standards question. "Do you renovate swimming pools ?" "Do you fill in swimming pools in existing homes? These are not building code questions. Of Packet Page -1095- 6/24/2014 16.D.1. course you are going to complete all work according to the residential building code. The building standard includes questions like, "Do homebuyers get operating swimming pools in their existing structures ?" or "Are the pools filled ?" because they represents an unjustified amenity in your community. Examples of Standards Choices Another example of a standard variable is "What is your level of accessibility ?" Is it basic ADA? Is it visitability? Is it accessibility or is it Universal Design? Those are 4 levels in a hierarchy of accessibility standard. Of course every grab bar is going to be installed per the manufacturer's instructions and the building code with guidance by the ANSI standards. Whether or not you provide additional bars at all, is not a building code decision, it is a standards decision. Inclusion versus Detail Another variable to consider is depth of coverage. The most detailed building standard for single - family construction Mr. Santucci has helped develop contains approximately 36 pages (and 10 pages of addenda). The smallest single - family building code in the United States is in excess of 400 pages (with 100 pages of appendix). The level of detail is a major difference between standards, codes and the massive 120,000 page Sweets catalog of manufacturer's specifications. A Kitchen Example The owner requests, "I want a nice kitchen." The construction standards define "nice" as: a certain number of linear feet of cabinetry; a type of countertop; a dishwasher; a double bowl sink; the various appliances that may be paid for with federal financing, and the type of floor finish. The building code establishes: how the plumbing is run to that kitchen; the types and number of electrical outlets and distribution of small motor wiring, as well as minimum ventilation requirements and 100 other minimum installation requirements. The work write -up provides a scope of work identifying: the size of each cabinet; the color; the wood species; potentially the manufacturer; oft times augmented by a floor plan and elevation 2 Packet Page -1096- 6/24/2014 16.D.1. sketch showing the relative position of each cabinet. In for -sale and owner - occupied units the work write -up may offer the homeowner a number of color, style and pattern choices. Rehab Issues In single - family renovation projects, the rehab specialist is the designer. They must interpret the needs and requests of the owner in light of the written standards of financing source to develop a compliant work write -up. This is especially difficult in scattered -site rehab projects. It is less of an issue in new construction. In new construction, the concerns are primarily: Is this home for rent or for sale? Are the standards for a home that must sell in a competitive, open market? Are the standards to replace: a 60 -year old, totally non code - compliant, very highly damaged structure where absolute minimum amenities comprise an acceptable upgrade? Conflicts Eliminated by Revisions and Edits There are times when a draft financing standard may be below the local code. For example, the proposed rehab standard suggests that parking should be provided by a parking pad of at no more than 10' x 30' and the building code requires it to be 12' x 32' and constructed of 2,800 PSI cement. This can be edited very rapidly in the owner's standards. The important decisions are much bigger. Do you provide dishwashers or clothes washers? If so, they must be Energy Star. Do you provide garages? Do they have remote control doors? Those are the areas of standards. How that garbage disposal is hooked up to the waste and supply and dishwasher is the purview of building codes, further defined by the manufacturer of the garbage disposal and the dishwasher. If they get one in their home, is a standards question. 3 Packet Page -1097- COLLIER COUNTY CONSTRUCTION & REHAB STANDARDS TABLE OF CONTENTS TITLE I. Site Improvements II. Exterior Surfaces III. Foundations and Structure IV. Windows and Doors V. Roofing VI. Insulation and Ventilation VII. Interior Standards VIII. Electric IX. Plumbing System X. HVAC XI. Special Construction Accessibility Healthy Homes Options Sustainability Lead Safe Regulations (pre -1978 only) 4 Packet Page -1098- 6/24/2014 16. D.1. PAGE 7 -8 8 -9 9 10 11 11 -12 12 -14 14 -15 16 -17 17 -18 19 -29 6/24/2014 16.D.1. Discussion Draft 2 September 24, 2012) COLLIER COUNTY Construction and Rehab Standards for One and Two Unit Structures Effective: August 15, 2012 MISSION AND HOUSING VALUES Our mission is to make Collier County a better place to live by supporting community efforts to expand affordable homeownership and preserve the affordable housing stock through equal access to: safe, healthy and affordable housing. The values that flow from this mission are as follows: • Safe and healthy homes • Affordable operating costs • Saleable homes • Accessibility for persons with disabilities • Performance and durability • Sustainable construction APPLICABLE LAWS AND REGULATIONS We intend to renovate and resell homes in full compliance with the following statutory and regulatory requirements. The most current adopted law /regulation will override the standard if discrepancies exist. • Building Code: The 2010 International Residential Code as modified by the Florida Building Standards Commission and excluding the electrical, mechanical and plumbing provisions • 2008 Florida Electric Code (NFPA 70) • 2010 Florida Plumbing Code • 2010 Florida Mechanical Code • 2010 Florida Fuel Gas Code • Energy Conservation: 2010 Florida Energy Conservation Code • Zoning Code: The Collier County Zoning Code • Title X Lead Hazard Reduction Regulation 1012, 1013 (pre -1978) • ADA Accessibility Guidelines: 2010 Accessibility Building Code • Section 504 Requirements Exceptions: On a case -by -case basis deviations from the minimum requirements of these standards will be permitted with approval of the Board of County Commissioners Packet Page -1099- 6/24/2014 16.D.1. DEFINITIONS Repair — To refurbish and correct deficiencies in a component that will remain on the completed property with a minimum design life. Replacement — The removal and disposal of a component followed by the installation, per the manufacturer's most recent directions, of a component that serves an identical or improved purpose. Substantial Rehab — A project where the total estimated hard costs, including hazard remediation, of the project exceed 50% of the replacement cost of the dwelling. For example, "Per Means Cost Data in 2012, the replacement cost of a home in rural Collier County is $77 /square foot. A 1,200 square foot 3- bedroom /3 -bath home would have a total replacement cost of $92,400. At 50 %, an estimated hard cost that exceeds $46,200 including a mandatory 10% contingency would be considered "substantial rehab ". Minimum Life — For unimproved repair items, this is the minimum remaining useable life of a component or assembly expressed in years. For new installation, it is the minimum design life or stated replacement warranty period for a specific component. Using an established economic life table from Fannie Mae replacement reserve calculations may identify a minimum life. Eligible — A repair, improvement or amenity allowed to be financed by this program on a case -by- case basis, sometimes established by need, sometimes established by market, i.e. universal design improvements. Financial Feasibility — The maximum loan or grant available to a borrower or grant recipient for construction. Improvements and repairs may be added to the estimate up until the point they represent 90% of the financially feasible amount. Additional items become ineligible. Ineligible — Repairs, improvements and amenities beyond the scope or financial feasibility of the program, and therefore, may not use this financing source, i.e. swimming pools. 0 Packet Page -1100- 6/24/2014 16.D.1. TITLE: I SITE IMPROVEMENTS: OUTBUILDINGS REPAIR STANDARD: 75% or more salvageable Minimum Life: 3 Years Unsafe, illegal or unapproved structures, including outbuildings, additions and patio covers will be removed. REPLACEMENT STANDARD: No replacement TITLE: I SITE IMPROVEMENTS: PAVING AND WALKS REPAIR STANDARD: Minimum Life: 15 Years Badly deteriorated, essential paving, such as front sidewalks, will be repaired to match. Non- essential, deteriorated paving, such as sidewalks that are unnecessary, may be removed and appropriately landscaped. REPLACEMENT STANDARD: Minimum Life: 20 Years Essential walks and drives shall be replaced with 4" thick, 2,800 psi concrete. TITLE: I SITE IMPROVEMENTS: LANDSCAPING REPAIR STANDARD: Site shall be graded to direct water to run away from foundation for 8 feet. Trees that are too close or touching the structure shall be removed. Irrigation may be capped or repaired/ updated to include the following efficiency improvements: drip emitters, a filter, a pressure regulator, rain sensor and timer. REPLACEMENT STANDARD: No landscaping to be included. Conforms to local standards TITLE: I SITE IMPROVEMENTS: FENCING /GATES REPAIR STANDARD: Minimum Life: 10 Years Additional fencing may be addressed REPLACEMENT STANDARD: When funding is sufficient, additional . Fencing may be installed to create defensible space in conformance with neighborhood/homeownership association requirements. TITLE: I SITE IMPROVEMENTS: SWIMMING POOLS/HOT TUBS 7 Packet Page -1101- 6/24/2014 16. D.1. REPAIR STANDARD: Minimum Life: 3 Years Existing pools and hot tubs shall be inspected and serviced to operate. REPLACEMENT STANDARD: N/A Beyond the scope of federal financing, pools may be filled and landscaped. TITLE: II EXTERIOR SURFACES: EXTERIOR CLADDING (STUCCO) REPAIR STANDARD: Minimum Life: IOYears Exterior finish and trim will be intact, weather proof and free of deterioration. Replacement or replacement of damaged sections may include up to 25% of surfaces. Exterior wood shall be spot primed and top coated. REPLACEMENT STANDARD: Minimum Life: 40 Years If 25% or more needs repair, entire wall shall receive: for example, matching cladding; 1 -coat stucco over 2" insulation board, wood clapboard. vinyl or like industry standard. TITLE: II EXTERIOR SURFACES: EXTERIOR PORCHES REPAIR STANDARD: Minimum Life: 10 Years Unsafe porches will be repaired to conform closely to porches in the neighborhood. Porch repairs will be structurally sound, with smooth and even decking surfaces. REPLACEMENT STANDARD: Minimum Life: 20 Years Deteriorated porches and balconies shall be replaced with like materials TITLE: II EXTERIOR SURFACES: EXTERIOR RAILINGS REPAIR STANDARD: None REPLACEMENT STANDARD: Minimum Life: 20 Years Railings that do not meet the current code shall be removed and replaced with wrought iron or synthetic wood. TITLE: II EXTERIOR SURFACES: EXTERIOR STEPS AND PATIOS REPAIR STANDARD: N. Packet Page -1102- 6/24/2014 16.D.1. Minimum Life: 10 Years Steps, stairs and decks shall, be structurally upgraded to current Collier County code; free from all significant deterioration and as needed adhere to ADA Accessibility Guidelines and 2010 Accessibility Building Code, as necessary REPLACEMENT STANDARD: Minimum Life: 20 Years Any replacement patio, deck or stoop shall be of a minimum functional size, design and construction using like materials. All replacement front decks shall offer zero threshold entrance per ANST accessibility standards. TITLE: III FOUNDATIONS & STRUCTURE: FIREWALLS IN TOWNHOUSES REPAIR STANDARD: Minimum Life: 15 Years Party walls shall be maintained without cracks and plaster deterioration and upgraded with 5/8" type X gypsum, glued and screwed to structure. REPLACEMENT STANDARD: Minimum Life: 20 Years All party walls shall conform to the 2010 Collier County new construction requirements for fire separation at both walls and roofs. TITLE: III FOUNDATIONS AND STRUCTURE: FOUNDATIONS REPAIR STANDARD: Minimum Life: 20 Years Foundations shall be repaired to be sound, stable and water resistant. REPLACEMENT STANDARD: Foundation replacements above 25% are beyond the scope of the program and shall define an infeasible project which may necessitate demolition. TITLE: III FOUNDATIONS & STRUCTURE: STRUCTURAL WALLS REPAIR STANDARD: Minimum Life: 20 Years All structural members shall be free from deterioration, rot and termite damage and be sized in conformance to Collier County Code. Any member not in conformance with code shall be re- supported as determined by a structural engineer. REPLACEMENT STANDARD: Minimum Life: 40 Years Walls shall be 2" x 6 ", 24" on center with at least R -19 insulation and solid sheathing to match existing. 6 Packet Page -1103- 6/24/2014 16. D.1. TITLE: IV WINDOWS AND DOORS: INTERIOR DOORS PLACEMENT REPAIR STANDARD: Minimum Life: 10 Years All bedrooms, baths and closets shall have well operating doors and locksets in bedrooms and baths. Privacy lock sets on bath. All other doors shall have passage locks. Reuse existing doors when possible. All keyed locksets shall be removed and replaced when applicable with appropriate lock type. REPLACEMENT STANDARD: Minimum Life: 15 Years Doors may be solid core or composite in paint grade jambs. TITLE: IV WINDOWS AND DOORS: EXTERIOR DOORS REPAIR STANDARD: Minimum Life: 10 Years Exterior doors shall be solid core, insulated to minimum R -6, weather stripped, operate smoothly, including a peep site, a dead bolt, and an entrance lock set. REPLACEMENT STANDARD: Minimum Life: 20 Years All replacement doors at the front of the property will be neighborhood sensitive, Energy Star (R- 6), steel or fiberglass solid core doors with peep sight and deadbolt. Aluminum. Screen doors at front entrances allowable. Garage/house doors shall be 20 minute fire rated with self closing hinges and will be impact resistant. Energy Star, solid core doors with peep sight, dead bolt, and entrance locksets shall be installed at entrances not visible from the front street. Garage doors shall be R -5, embossed metal with a lockable assembly. TITLE: IV WINDOWS AND DOORS: WINDOW PLACEMENT REPAIR STANDARD: Bedrooms, kitchens and baths (as applicable) shall have one operable window with a screen and meet egress requirements per Existing Structures Code. REPLACEMENT STANDARD: Removal of excess bathroom and kitchen windows. Side elevation fenestration shall be considered during energy reduction analysis. TITLE: IV WINDOWS AND DOORS: WINDOWS & SLIDING GLASS DOORS REPAIR STANDARD: Minimum Life: 10 Years All windows and sliding glass doors shall be double glazed, weather tight, include a locking device, and where required for egress, be fully functioning /operational. All windows may be retrofitted with 80% heat block solar screens. Window replacement shall include NFRC 10 Packet Page -1104- 6/24/2014 16.D.1. approved reflective film Impact Resistant glass or a window /shutter combo. All replacements shall meet Hurricane Impact standards. REPLACEMENT STANDARD: Minimum Life: 20 Years Double glazed, double or single hung, PVC or fiberglass, one over one, a minimum R -value of 2.8 (U =.33), SHGC of 0.30 and DP of 65 and 142 mph impact glazing. Impact Resistant glass or window /shutter combo. TITLE: V ROOFING: FLAT AND LOW SLOPE ROOFING REPAIR STANDARD: Minimum Life: 5 Years Repair when cost is less than or equal to 30% of total replacement cost. Built -up roofing, flashing and accessories shall be repaired wherever a 5 -year leak free warranty is available from a certified roofing company. REPLACEMENT STANDARD: Minimum Life: 20 Years The most cost effective roof. 3 ply hot built -up, Duro -Last, T.P.O., EPDM, or spray foam shall be installed with an Energy Star reflective coating. TITLE: V ROOFING: PITCHED ROOFS REPAIR STANDARD: Minimum Life: 5 years with warranty Repair when cost is less than or equal to 30% of total replacement cost. Missing and leaking shingles and flashing shall be repaired on otherwise functional roofs. Concrete, metal and the roofs shall be repaired when at all possible. Antennae and communication disks shall be removed and returned upon completion of the projects. REPLACEMENT STANDARD: Moderate: Minimum Life: 30 Years Fiberglass, asphalt, 3 tab, class A shingles weighing at least 235 and up to 2701bs, architectural grade, 30 year fiberglass asphalt or architectural metal with a ventilated system designed for installation recommendations and in accordance with Florida Building Code. TITLE: VI INSULATION AND VENTILATION: ATTIC VENTILATION REPAIR STANDARD: Minimum Life: 5 Year Any pre - installed ventilation shall be maintained or if powered and not functioning, replaced. REPLACEMENT STANDARD: 11 Packet Page -1105- 6/24/2014 16.D.1. Minimum Life: 20 Years Attics will be ventilated with a minimum of 1 square foot of free vent for each 300 square feet of roof area or be redesigned for integration with new insulation system. TITLE: VI INSULATION AND VENTILATION: BATH VENTILATION REPAIR STANDARD: None REPLACEMENT STANDARD: Minimum Life: 5 Years Energy Star, exterior ducted, 100 CFM, max 2 sones with separate switch or humidistat in all full baths. Heat recovery ventilation is preferred. TITLE: VI INSULATION AND VENTILATION: INFILTRATION REPAIR STANDARD: Minimum Life: 5 Years All exterior doors and attic hatches shall be weather stripped. All visible cracks shall be caulked. REPLACEMENT STANDARD: Minimum Life: 10 Years Air -to -air heat exchangers may be installed. TITLE: VI INSULATION AND VENTILATION: INSULATION REPAIR STANDARD: Not Applicable REPLACEMENT STANDARD: Minimum Life: 15 Years Attic insulation goal is R38, crawls spaces R19. Side walls will be insulated to cavity capacity. Attic access panel must be insulated per 2010 Collier County Code and Title 24. TITLE: VI INSULATION AND VENTILATION: KITCHEN VENTILATION REPAIR STANDARD: N/A REPLACEMENT STANDARD: Minimum Life: 5 Years Energy Star, exterior ducted range hoods or exhaust fans shall be required with less than 10 sones, at least 120 CFM and capped with a functional back draft. TITLE: VII INTERIOR STANDARDS: INTERIOR RAILINGS REPAIR STANDARD: Minimum Life: 10 Years 12 Packet Page -1106- 6/24/2014 16.D.1. Handrails will be present on one side of all interior steps or stairways with more than three risers and around platforms over 30" above floor level with adequate structural attachment. REPLACEMENT STANDARD: Minimum Life: 15 Years Hand and guardrails shall be replaced with material and construction in conformance with universal design standards. TITLE: VII INTERIOR STANDARDS: INTERIOR WALLS AND CEILINGS REPAIR STANDARD: Minimum Life: 5 Years In preparation for painting walls shall be stripped of wallpaper, holes, cracks and deteriorated surfaces. All visual surfaces shall be recoated using premium, low VOC, vinyl acrylic paint. REPLACEMENT STANDARD: Minimum Life: 10 Years Walls shall be plumb, ceiling level with a smooth finish on at least 1/2" gypsum with water resistant board in wet areas. 5/8" Type X over 24" on center studs installed per the American Gypsum Association. Kitchen tile backsplashes and ceramic tile wainscot in baths. TITLE: VII INTERIOR STANDARDS: HAZMAT TESTING AND TREATMENT All properties shall undergo visual "Risk Evaluations" and property age evaluation. for lead, and friable asbestos. REPLACEMENT STANDARD: IN PLACE MANAGEMENT & ABATEMENT Minimum Life: 20 Years Pre 1978 Lead Only: After an inspection by a Florida licensed EPA Certified Risk Assessor, all hazardous material shall be removed from all moving parts, floors and mouthable surfaces. Encapsulants and enclosures may be used. Asbestos: Inspections required on all properties pre 1950. TITLE: VII INTERIOR STANDARDS: CLOSETS REPAIR STANDARD: Minimum Life: 1 Year Existing closets will be maintained. REPLACEMENT STANDARD: . Closets shall be at least 3' wide x 32" deep with 12" wide shelving in each closet TITLE: VII INTERIOR STANDARDS: FLOORING REPAIR STANDARD: 13 Packet Page -1107- 6/24/2014 16.D.1. Minimum Life: 10 Years Ceramic tile flooring may be repaired and wood floors sanded and refinished. REPLACEMENT STANDARD: Minimum Life: 20 Years Tile or vinyl flooring may be installed over reinforced cement underlayment in baths. Laminate or tile flooring may be installed in living, dining rooms, bedrooms and halls. TITLE: VII INTERIOR STANDARDS: APPLIANCES Assessment of existing appliances shall be made to determine when replacement is necessary. REPLACEMENT STANDARD: Energy Star and Water Sense. The following appliances are eligible to be installed when funding allows: • Dishwasher: Energy Star rated • Washing Machine: Energy Star rated (required) if supplied • Dryer: 7 CF with sensor dry system • Water Softener: Per ANSI 44 with demand initiated regeneration • Refrigerator: Up to 22 CF, Energy Star rated (required), if supplied • Range — Gas or electric, 4 burner • Garbage disposal — 1/2 hp, with minimum 3 year warranty • Microwave /100 CFM Hood combination (replacement only) • Built -in Oven — Energy Star rated (replacement only). TITLE: VIII ELECTRIC: SPECIALIZED CIRCUITS REPAIR STANDARD: Repair to existing structure code requirement. REPLACEMENT STANDARD: Minimum Life: 15 Years Kitchen receptacles within 6 feet of a sink, all bath receptacles and at least one exterior receptacle shall be protected by a GFCI. Are fault receptacles shall be installed in all bedrooms. TITLE: VIII ELECTRIC: KITCHEN ELECTRIC DISTRIBUTION REPAIR STANDARD: Minimum Life: 15 Years Electric service may be supplied to trash compactors, microwave ovens, double ovens, range grills, and any appliance proposed for installation. REPLACEMENT STANDARD: Minimum Life: 15 Years 14 Packet Page -1108- 6/24/2014 16.D.1. Permanently installed or proposed stoves, refrigerators, freezers, dishwashers and disposals, washer and dryers shall have separate circuits sized to the current Collier County Electric Code. Two separate 20 amp counter circuits are required with each kitchen area. TITLE: VIII ELECTRIC: FIXTURES REPAIR STANDARD: None REPLACEMENT STANDARD: Minimum Life: 20 Years All halls, rooms necessary to cross to other rooms and stairways must be well lighted and controlled by a 3 -way switch using concealed wiring. Attics must have utility fixtures. All fixtures shall be Energy Star. Replace all incandescent bulbs with fluorescent or LED bulbs. Exterior door lighting shall provide 100 lumens at ground level (motion detectors preferred). Garage doors shall be equipped with electric openers with laser safety devices. Bedrooms and living areas may receive Energy Star ceiling fans. TITLE: VIII ELECTRIC: ALARMS REPAIR STANDARD: Minimum Life: 5 Year Existing fire and smoke, CO shall be repaired to operating condition. Security system may be repaired as needed. REPLACEMENT STANDARD: Minimum Life: 15 Years Directly wired, interconnected smoke detectors are required on each dwelling floor. CO detectors are required with all fuel burning furnaces. 15 Packet Page -1109- 6/24/2014 16. D.1. TITLE: VIII ELECTRIC: INTERIOR ELECTRIC DISTRIBUTION REPAIR STANDARD: None REPLACEMENT STANDARD: Minimum Life: 20 Years All rooms shall be rewired to the current Collier County Electric Code using affordable fixture allowances and Energy Star fixtures. Minimum of one 20 -amp circuit per room. TITLE: VIII ELECTRIC: SERVICE AND PANEL REPLACEMENT STANDARD: Minimum Life: 20 Years 200 amp service with a main disconnect panel containing at least 30 circuit breaker positions. Garages and outbuilding may be fed with up to 100 amp subpanels. TITLE: IX PLUMBING SYSTEM: DRAIN, WASTE, VENT LINES REPLACEMENT STANDARD: Minimum Life: 20 Years PVC replacement lines shall be installed in accordance with the most recently approved version of the Collier County mechanical code. TITLE: . IX PLUMBING SYSTEM: PLUMBING FIXTURES REPAIR STANDARD: EPA Water sense Minimum Life: 5 Years All fixtures and faucets shall have all working components replaced. Faucet will be retrofitted with low flow aerators: kitchen faucets with a maximum flow rate of 2.2 gal /min; bath faucets with a maximum flow rate of 1.5 gal /min. REPLACEMENT STANDARD: EPA Water Sense Minimum Life: 20 Years Single lever, low flow, 2.2 gal/min kitchen and 1.5 gal/min bath, metal faucets and 2.5 gal /min maximum shower diverters with lifetime drip -free warranty. White ceramic, high efficiency "HET" toilets, double bowl stainless steel kitchen sinks, and steel enameled T tubs. TITLE: IX PLUMBING SYSTEM: PLUMBING MINIMUM EQUIPMENT REPAIR STANDARD: N/A REPLACEMENT STANDARD: Minimum Life: 10 Years 16 Packet Page -1110- 6/24/2014 16.D. I. Every dwelling shall have a double or single bowl kitchen sink, an Energy Star rated dishwasher, a 1/2 hp garbage disposal and a 3 -piece bath. Replace existing only TITLE: IX PLUMBING SYSTEM: FIRE SPRINKLERS REPAIR STANDARD: Repair all. REPLACEMENT STANDARD: None required. Recommended in homes for physically disabled persons and frail elderly. TITLE: IX PLUMBING SYSTEM: WATER HEATERS REPAIR STANDARD: Minimum Life: 5 Years Each dwelling unit shall have a gas, electric or solar tempered water heater. The minimum capacity for units with two bedrooms or less shall be 50 gallons; larger units shall have a minimum capacity of 50 gallons. Water heaters shall have pressure relief valves with drip legs that extend to within one foot of the floor. Replace existing with like size REPLACEMENT STANDARD: Minimum Life: 12 Years Energy Star, high efficiency, pilotless, Energy Star, gas fired or dual element electric (0.97) water heaters with at least R -7 insulation and a 12 -year replacement warranty. 40 gallons electric for 1 and 2 bedroom units and 40 gallons gas or 52 gallons electric for 3 and 4 bedroom units. Heat pump water heaters are eligible when funding is sufficient. TITLE: IX PLUMBING SYSTEM: WATER SUPPLY REPAIR STANDARD: Minimum Life: All homes shall be tested to identify and rectify any leaks. All fixtures must be supplied with a 2 gallons per minute water flow and shut off valves must operate. Lead and galvanized pipe shall be replaced with PVC or PEX. All accessible hot water lines shall be insulated; maximum static pressure is 60 psi. As needed for the repair. REPLACEMENT STANDARD: Minimum Life: 20 Years All fixtures shall have brass shut off valves. TITLE: X HVAC: AIR CONDITIONING REPAIR STANDARD: Minimum Life: 5 Year 17 Packet Page -1111- 6/24/2014 16. D.1. Existing central air conditioning shall be inspected, serviced and refurbished using the diagnostic testing of unit and distribution system per (BPI) technical standards for air conditioning and heat pump specialist as described in Chapter 6 of the Saturn Mechanical Systems Field Guide, 2006. REPLACEMENT STANDARD: Minimum Life: 12 Years Units not working over 5 years old shall be replaced with Energy Star certified 13+ SEER heat pumps sized per Manual J with a distribution system per Manual D. TITLE: X HVAC: CHIMNEY/FIREPLACE REPAIR REPAIR STANDARD: Minimum Life: 20 Years Unsound chimneys shall be repaired or removed. When chimneys must be used for combustion ventilation, they shall be replaced. REPLACEMENT STANDARD: Minimum Life: 20 Years Replacement furnace flues when required shall be metal double or triple walled as recommended by the equipment manufacturer. If the service life of the chimney is comparable to service life of heating plant, then no replacement is necessary. If the chimney needs replacing or a new liner, the chimney will be eliminated and replaced with a high efficiency, power vented unit. TITLE: X HVAC: DISTRIBUTION/VENTILATION SYSTEM REPAIR STANDARD: Minimum Life: 5 Year Existing central air conditioning shall be inspected, serviced and refurbished per diagnostic testing of unit and distribution system — per (BPI) technical standards for air conditioning and heat pump specialist as described in Chapter 6 of the Saturn Mechanical Systems Field Guide, 2006. REPLACEMENT STANDARD: Minimum Life: 20 Years All ductwork shall be insulated to R -4, seams sealed and run in conditioned space within the building envelope. If ductwork is run in the attic or crawlspace, i.e., not inside the envelope, alternative configurations must be designed by energy auditor. OR Packet Page -1112- 6/24/2014 16.D.1. TITLE: XI SPECIAL CONSTRUCTION ACCESSIBILITY — VISITABLE HOME as required by the ADA and Section 504 REPAIR STANDARD: None REPLACEMENT STANDARD: Visitable Home Per Section 504 All new construction and substantial rehab as defined by HUD will provide the following level of accessibility: 1. Accessible route to accessible entrance and accessible route through the dwelling unit 2. Accessible switches, outlets & controls 3. Reinforced walls for grab bar installation in all baths at commodes and tub /shower 4. Grab bars installed in one usable bath 5. Lever door hardware throughout and D -pulls on all cabinets 6. Emergency communication intercom system Universal design elements may be provided to clients with physical disabilities and wheelchair users after consultation with a mobility expert. TITLE: XI SPECIAL CONSTRUCTION LEAD SAFE REGULATIONS ASBESTOS REMOVAL REGULATIONS AT 40CFR part 61 and 29 CFR 1926.1101 REPAIR STANDARD / REPLACEMENT STANDARD: Conformance to 1012 -1013 Lead Regulation for all pre -1978 homes. See Summary of Lead -Based Paint Requirements (attached) Lead Based Paint (LBP) [Green Standard] Repair Standard: Minimum Life — 5 years For all houses constructed prior to 1978 - four (4) floors, two (2) window sills and two (2) window troughs (all randomly selected) plus a blank sample must be submitted to an EPA - accredited lead analytical laboratory and the dust samples must pass a dust wipe test for lead content as per the protocol in the HUD Guidelines. Lead -safe work practices must be followed, and only certified abatement contractors are eligible to perform the remediation work. See: hqp://www.hud.gov/offices/lead/lbp/hudwidelines/ Replacement Standard: Minimum Life — 20 years 19 Packet Page -1113- 6/24/2014 16.D.1. When stabilization of surfaces containing LBP is impractical, the most affordable solution for abatement of the component will be chosen. Walls containing LBP may be covered with drywall or gutted and replaced with drywall. Trim and other wood or metal components containing LBP may be removed and replaced with similar materials. Lead -safe work practices must be followed, and only certified abatement contractors are eligible to perform the remediation work. 20 Packet Page -1114- E—� z w X z� oz CJ z za �A xd 00 R� �I ha/w FBI O d 6/24/2014 16.D.1. 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TITLE: XI SPECIAL CONSTRUCTION SUSTAINABILITY OPTIONS • All new construction and substantial rehabilitation shall meet the Energy Star 2 standards as of February 11, 2010 per the attached Thermal Bypass Checklist. • All moderate rehabilitation shall use Energy Star rated equivalent when the following items are replaced: - Windows - Doors - Lighting - Water heaters - Air conditioning units - Refrigerators - Clothes washers - Dishwashers - Water efficient toilets, showers and faucets such as those with the WaterSense label All interventions shall include: - Erosion and Sediment Control. EPA's Best Management Practices for erosion and sedimentation control are required during construction. - Sustainable Landscaping. Native trees and plants, when provided, that are appropriate to the site's soils and microclimate will be selected. Drought tolerant - Energy Efficient Landscaping. Trees and plants, when provided, will be selected and located to provide shading in the summer. - Durable Materials. Materials that last longer than conventional counterparts such as treated lumber, stone, concrete and hardwood will be used. Resource Efficient Materials /Layouts that reduce the amount of homebuilding materials required will be given priority. - Local Source Materials. Materials from Florida sources that are close to the job site will be used. Packet Page -1116- 6/24/2014 16.D.1. ENERGY STAR Qualified Homes Thermal Bypass Inspection Checklist The Thermal Bypass inspection Checklist must be completed for homes to earn the ENERGY STAR label. The Checklist requires visual inspection of framing areas where air barriers are commonly missed and inspection of insulation to ensure proper alignment with air barriers, thus serving as an extra check that the air and thermal barriers are continuous and complete. State, IOC21, and regional codes, as well as regional ENERGY STAR program requirements, supersede the items specified in this Checklist. Guidance on Completino the Thermal Bypass Inspection Checklist: 1. Accredited HERS Providers and certified home energy raters shall use their experience and discretion in verifying that each Inspection Checklist item is installed per the inspection guidelines (e.g., Identifying minor defects that the Provider or rater deems acceptable versus identifying major defects that undermine the intent of the Checklist item). 2. Alternative methods of meeting the Checklist requirements may be used in completing the Checklist, if the Provider deems them to be equivaleM or more stringent, than the Inspection Checklist guidelines. 3. In the event an item on the Checklist cannot be verified by the rater, the home cannot be qualified as ENERGY STAR. unless the builder assumes responsibility for verifying that the item has met the requirements of the Checklist. This option is available at the discretion of the Provider or rater but may not be used to verity more than six (6) items on the Inspection Checklist- This responsibility will be formally acknowledged by the builder signing-off on the Checklist for the item(s) that they verified. The column titled WA' should be used when the checklist item is not present in the home or when local code requirements take precedent. 4. The Checklist may be completed for a batch of homes using a RESNET-approved sampling protocol when qualifying homes as ENERGY STAR. For example, If the approved sampling protocol requires rating one in seven homes, then the Checklist will be completed for the one home which was rated. 5. in the event that a Provider or rater finds an item that is inconsistent with the Checklist Inspection guidelines, the home cannot be qualified as ENERGY STAR until the item is corrected in a manner that meets the ENERGY STAR requirements. If correction of the item is not possible, the home cannot earn the ENERGY STAR label. 6. The Provider or rater is required to keep a hard copy record of the completed and signed Checklist. The sionature of a builder employee is also required if the builder verified compliance with any item on the Checklist. 7. For purposes of this Checklist, an air barrier is defined as any solid material that blocks air flow between a conditioned space and an unconditioned space, including necessary sealing to block excessive air flow at edges and seams. Additional information on proper air sealing of thermal bypasses can be found on the Building America Web site (www.eere.eneray.00vlbuildinostbuildinc, america) and in the EESA Builder's Guides (www.eeba,ora ), These references include guidance on identifying and sealing air barriers, as well as details on many of the items included in the Checklm-. 83 Packet Page -1117- 6/24/2014 16. D.1. ENERGY STAR Qualified Homes EMMM Thermal Bypass Inspection Checklist Home Address: City. State: Thermal Bypass Inspection Guidelines Corrections Needed Builder Verified Rater Verified N/A 1 Overall Air Banner and Thermal Barrier Alignment Requirements•. Insulation shall be installed in full contactwith sealed interior and exterior air barrier except for alternate to intenorair barrier under item no 2 011.5 Ado iron Exterior films or Unconditmed Spaces) All Climate Zon es: 1 1 Overall Alignment Throughout Home ❑ ❑ ❑ ❑ 1.2 Garage Band Joist Air Barger (at bays adjoining concetioned space) ❑ ❑ ❑ ❑ 1.3 Attic Eave Baffles Where Vents+Leakage Exist ❑ ❑ ❑ ❑ Only at Climate Zones 4 and Higher. 1.4 Slab -edge Insulation (A maximLrn of 25% of the stab edge may be uninsuiated in Climate Zones 4 and 5: ) ❑ ❑ ❑ ❑ Beat Practices Encouraiiied, Not Rs'd.: 1.5 Air Bamer At All Band Joists (Climate Zones 4 and higher) ❑ ❑ ❑ ❑ 1.6 Minimize I hermal Bridging (e.g., OVE tramirg, SINS, CFs) ❑ 1 ❑ ❑ 1 ❑ 2. WallsAdjoinng Exterior \Halls or Unconditioned Spaces Requirements: • Fully insulated wall aligned with air bamer at both interior end exterior, OR • Alternate forCllmate Zones 1 thni 3, sealed e>terorair barrier aligned with RESNEf Grade 1 insulation fully supported • Continuous top and bottorr plates orsealed blo:kmg 2.1 Wall Behind Showerrrua ❑ ❑ ❑ ❑ 2.2 Wall Behind Fireplace ❑ ❑ ❑ ❑ 2.31nsulated.4ttic Slopes for Un- vented Attic Spaces ❑ ❑ ❑ ❑ 2.4 Attic Knee \Nails ❑ ❑ ❑ ❑ 2.5 Skylight St ial Walls ❑ ❑ ❑ ❑ 2.6 Wall Adjoining Porch Roof ❑ ❑ ❑ ❑ 2.7 Staircase Walls ❑ ❑ ❑ D 2.6 Doible Walls ❑ ❑ ❑ ❑ 3. Floors between Condlioned and Exterior Spa:;es Requirements: • .Air barier n nstalled at any exposed insulation edges Insulatior is installed to maintain permanent contact W sub- floorebcve and eirbarrier be ow- Optl "at 3.1 Insulated Flour Above Garage .. ❑ ❑ 71a: 3.2 Cantilevered Floor ❑ ❑ 4. Shafts Requirements: Openings to unconditioned soace are fully sealed wit-) solid blocking o- lashing and any remaining gaps are sealed with caulk or Poem (provide fire -rated col ars and caulking where req-iired) 4.1 Dud Shaft ❑ ❑ 4.2 Piping ShairPenetrat ons P I 4.3 Flue Shaft ❑ 5. Atic /Ceiing Interface Requirements: • Alattc penetrations and droppeccelingsindudeafuIirT enor air barrier aignedwittinsula :ionwith any gatisfuly sealed with caulk, foam ortape • Movable insulation its snugly n opening and air barrier is fully gasketed 5.1 Attic Access Panel (fully gasketed and insulated) ❑ ❑ ❑ Attic Drop -down Stair (fully gasketed and i isulated) ❑ ❑ ❑ ❑ 5.3 Dropped Ceiling /Soffr. (fLll air barrier aligned with insulation) ❑ ❑ ❑ VOL 5.4- Reussnd Lighting Fixturs (ICAT labe ed am sealed to drywall) ❑ ❑ ❑ 5.5 Yvhole -house Fan (insulated cover gasketed to the openingi ❑ ❑ ❑ ❑ 6 Comnon Walls Between Dwelling Requirements: Gap btwn cirywall shat wall (common wall) and structural trilming ttwr units Is sealed a: all exterior boundar conditions Units 6.1 Commcn Wall Between Dwelling Units El ❑ ❑ Rater inspection Date: Home Energy Rating Provider _ Home Energy Rater Company Name Builder Insoedion Date. 3ui Ider Company Name 5uiklerDivisicn Name: Packet Page -1118- M 24 6/24/2014 16.D.1. KEY TERMS Air Barrier Any material that restricts air flow. In wall assemblies, the exterior air barrier is often a combination of sheathing and either building paper, house wrap or board insulation. The interior air barrier is typically gypsum board. Alignment Insulation installation condition where the insulation is in full contact with the air barrier (contiguous) and continuous across the entire thermal enclosure. Batt Insulation Insulation that is typically manufactured out of fiberglass or rock wool into blankets sized for typical framing bays and manually fitted into place. They require extra diligence to ensure no gaps, voids, compression or misalignment where framing bays are not typical framing dimensions or include wiring and piping- Blown-in Insulation Insulation typically made from fiberglass or cellulose that is blown into construction assemblies dry or wet that inherently fills the entire framed assembly without any gaps, voids, compression or misalignment. Cantilever - An overhang where one floor extends beyond and over a wall below thereby exposing the floor to exterior conditions. Compression Insulation installation condition where the full thickness is reduced, resulting in increased density and reduced air pockets that drive thermal resistance. This undermines the effective R -value of the insulation. Convective Air Flow As used with thermal bypass, this refers to air -flow that occurs in gaps between insulation and the air barrier due to temperature differences in and across the gap resulting in a stack effect or driving forces from more to less heat. Floating Slab Non- monolithic slab and foundation. This can occur where rigid slab edge insulation is placed between the foundation wall and slab leaving the slab unsupported. FSK Radiant Barrier A foil- coated insulation that prevents against fire spreading and smoke generation while reflecting internal or external heat. FSK insulation is commonly used in high heat areas of a building including behind fireplaces and the attic knee walls. FSK stands for Foil, Scrim, Kraft; the components of this insulation. Fully Aligned Condition where air barriers and thermal barrier (insulation) are contiguous (touching) and continuous across the entire building envelope. Fully Supported When insulation is evenly and securely held in place so that it does not bow or hang loose. Insulation that is not fully supported is more likely to be misaligned with the air barriers. Infrared Imaging Neat sensing camera which helps reveal thermal bypass conditions by exposing hot and cold surface temperatures revealing unintended thermal flow, air flow, and moisture flow. Darker colors indicate cool temperatures, while lighter colors indicate warmer temperatures. Insulated Concrete Form (ICFs) Factory-built wall system blocks that are made from extruded polystyrene insulation. Steel reinforcing rods are added and concrete is poured into the voids, creating a very air- tight, well - insulated and sturdy wall as the insulation is inherently aligned with the exterior and interior air barriers. Insulation Contact (IC) Rating for recessed lights allowing insulation to be placed directly over the top of the fixture. Insulation Contact, Air -Tight (ICAT) Lighting Fixture Rating for recessed lights that can have direct contact with insulation and constructed with air -tight assemblies to reduce thermal losses. 85 Packet Page -1119- W 6/24/2014 16.D.1. KEY TERMS Misali. nment- Condition where air barrier and thermal barrier (Insulation) are not contiguous (touching) and not continuous across the entire building envelope. Optimal Value Engineering (OVE) - A strategy for reducing thermal bridging by minimizing wall framing needed for structural support. Common techniques include 2x6 framing with 24" on- center spacing, single top plates where trusses align with wall framing below, properly sized headers, two -stud corners, lattice strips at exteriortnterior wall intersections, and the elimination of excessive fire blocking and window framing. This results in much more open framing for insulation to improve energy efficiency and comfort. Rigid Insulation - Insulation typically made from polystyrene or polyurethane manufactured into 4'x 8' boards of various thicknesses. As an exterior sheathing material, rigid board insulation provides a complete thermal break assembly and can effectively shift the dew point outside of the exterior wall construction assembly. Rwalue - A measure of the thermal resistance of a material. Higher R- values indicate better resistance to heat flow through material. The effective Rwalue of an insulation material will be reduced by gaps, voids, compression or misalignment. Spray Foams Insulation- Insulation available in both open -and closed -cell configurations that is typically made from polyurethane. It is sprayed into construction assemblies as a liquid that expands to fill the surrounding cavity. Once dry, spray foam functions as both an air barrier and thermal barrier and effectively fill holes and cracks for both a well- insulated and air -tight wall assembly. Closed -cell spray foams are more dense and also function as a vapor barrier. Structural Insulated Panels (SIPs) - Factory -built insulated wall assemblies that ensure full alignment of insulation with integrated air barriers. Composed of insulated foam board glued to both an internal and external layers of sheathing (typically OSB or plywood). Many SIP panels are manufactured with precut window and door openings. Thermal Barrier - Term used to describe when flow of heat is restricted or slowed. Accomplished through insulation. Thermal Bridging - Accelerated thermal flow that occurs when materials that are poor insulators displace insulation. Thermal Bypass Checklist- Comprehensive list of building details for ENERGY STAR Qualified Homes addressing construction details where air barriers and insulation are commonly missing. Thermal Bypass - The movement of heat around or through insulation. This typically occurs when gaps exist between the air barrier and insulation or where air barriers are missing. Vapor Barrier - Any material that restricts the flow of moisture. in hot climates, a vapor barrier would be installed on the exterior surface and in cold climates on the interior surface. Wind Baffle - An object that serves as an air barrier for the purpose of blocking wind washing at attic eaves. Wind Washing - When insulating properties of insulation are eliminated due to air - Current penetration. .. Packet Page -1120-