Ordinance 99-12 ORDINANCE NO. 99- 12
~9 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
WHICH ADOPTED THE COLLIER COUNTY RES IDENTi~
REHABILITATION PROGRAM; AMENDING ATTAC}~ENT A TO ALLOW
HOMEOWNERS TO CHOOSE THEIR OWN CONTRACTOR TO COMPLETE
THE REHABILITATION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida State legislature enacted the William E.
Sadowski Affordable Housing Act on July 7, 1992 (the "Act"),
Section 420.907, et seq., Florida Statutes, Chapter 91-37, Florida
Administrative Code, as a comprehensive funding package for state
and local housing programs to better enable local governments to
meet their responsibilities for affordable housing in accordance
with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a
portion of new and existing documenting stamp taxes on deeds (the
"SHIP" funds) to local governments for development and maintenance
of affordable housing;
WHEREAS, Collier County has adopted by Resolution, as amended
by Resolution, a local Housing Assistance Plan, and which provides
a maximum award schedule, a cost per unit, and a maximum cost per
unit for eligible housing benefiting from awards made pursuant to
the SHIP Funds; and
WHEREAS, the County, by County Ordinance No. 94-39, adopted a
residential
Housing Assistance
sources; and
WHEREAS, the
rehabilitation
Plan,
program consistent with the Local.
which will utilize various funding
County desires to amend the Residential
Rehabilitation Program to allow homeowners to choose their own
contractor, if they desire, to complete the rehabilitation
according to County bid specifications and inspections.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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deletions.
1
SECTION I:
amended as follows:
See attachment
incorporated herein.
Attachment A to Ordinance No.
94-39 shall be
A attached to this Ordinance and
SECTION II: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance
of Collier County or other applicable law, the more restrictive
shall apply. If any phrase or portion of the ordinance is held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity Sf the
remaining portion.
SECTION III: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, thief3 _~Dday of ~e~cu~ , 1999.
ATTEST:
DWIGHT E. BROCK, Clerk
ap~q~.~ge a,~:~ Iorm and
legal sufficiency:
H~-~d~~ -- A~hton
Assistant County Attorney
/public/hg/hfa/Ord/Amendin~ Residential Rehab Program 98
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~MAC'KIE, Chairwoman
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deletions. This
ATTACHMENT A
COLLIER COUNTY
RESIDENTIAL REHABILITATION PROGRAM
POLICY GUIDELINES AND ADMINISTRATIVE PROCEDURES
INTRODUCTION
The purpose of this policy is to establish administrative procedures and program
guidelines for housing in Collier County which is eligible for rehabilitation and is owned and
occupied by very low- and low-income persons and families. The standard definition for both
"Lower income family" and "Very low-income family" are found in the Code of Federal
Regulations (CFR) Title 24, Section 813.102. A "Lower income family" is defined as: "A
Family whose annual income does not exceed eighty (80%) percent of the median income for the
area, as determined by HUD, with adjustments for smaller and larger families" while a very low-
income family is "A family whose annual income does not exceed fifty (50%) percent of the
median income for the area, as determined by HUD ..."
Very Iow- and Low-income Persons are also defined in Collier County Ordinance No. 93-
19, The Local Housing Assistance Program as follows:
1) "Low-income Person - means one or more natural persons or a family, not
including students, that has a total adjusted gross household income that does not
exceed eighty (80%) percent of the median annual Adjusted Gross Income for
households within the State or 80% of the median Adjusted Gross Income for
households within the Metropolitan Statistical Area or, if not within a
Metropolitan Statistical Area, within the County, whichever is greater .... "(p. 4)
2) "V~ry Low-income Person - means one or more natural persons or a family, not
including students, that has a total annual adjusted gross income that does not
exceed fii~y (50%) percent of the median annual Adjusted Gross Annual Income
for households within the State or fifty (50%) percent of the median annual
Adjusted Gross Income for households within the Metropolitan Statistical Area
or, if not within a Metropolitan Statistical Area, within the County, whichever is
greater .... "(p. 6)
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ATTACHMENT A
Income data for the Naples Metropolitan Statistical Area are supplied by the U. S.
Department of Housing and Urban Development (HUD), and apply to all of Collier County. The
definition for "Annual Income" is found in 24 CFR, Section 813.106.
ADMINISTRATION
I. The Director of the Collier County Housing and Urban Improvement Department is
designated as the Program Administrator.
II.
The Collier County Housing and Urban Improvement Department (HUI) shall be
responsible for:
A. Identifying potential program participants
1. Potential participants for the program will be identified through the
following activities:
a. The Housing and Urban Improvement Department will advertise in
a publication of general circulation in the County announcing the
program and the availability of funds for rehabilitation services.
b. The Housing and Urban Improvement Department will contact
local non-profit, community-based organizations in the county
through outreach activities to locate potentially program
participants
1) Collier County Ordinance No. 93-19 defines Community-
based Organization as "... a non-profit organization that
has among its purposes the provision of affordable housing
to persons who have special needs or very low-income
persons, low-income persons, or moderate-income persons
within a designated area, which may include a
municipality, a county, or more than one municipality or
county, and maintains, through a minimum of one-third
representation on the organization's governing board and
otherwise, accountability to housing program beneficiaries
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2
ATTACHMENT A
and residents of the designated area. A community housing
development organization established pursuant to 24 CFR,
Part 92.2 and a community development corporation
created pursuant to Chapter 290, Florida Statutes, are
examples of Community-based Organizations." (p. 3)
c. The Collier County Code Enforcement Department will refer
potential clients that have been cited with violations of Collier
County Housing Code Ordinance No. 89-06, as amended, to the
Housing and Urban Improvement Department. The Housing and
Urban Improvement Department will determine the
individual/family interest in participating in the program and
whether the potential participant is income eligible to participate in
the program, pursuant to the requirements of Section II.B., below.
Applicant Eligibility Criteria
1. All applicants in this program must have fee simple ownership of the
single-family dwelling unit for which residential rehabilitation services are
requested.
a. Where there are co-owners for a property, each co-owner is
required to participate in the application process, the income
eligibility determination process which includes household income
and asset certification and third party verification, and the
secondary mortgage/lien application and closing process.
2. Accepting and processing applications for rehabilitation services:
a. All potential participants must complete the program application
entitled "Form A, Collier County Residential Rehabilitation
Program Preliminary Application."
b. The Preliminary Application form shall be used to document the
general information regarding the potential participant which will
include, but not be limited to, ownership status, number of
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ATTACHMENT A
residents living in the housing unit, previous residences,
employment history, and bank and credit references and history.
c. The Preliminary Application must be signed by all parties wi~h an
ownership interest in the property.
d. "Form A, Collier County Residential Rehabilitation Program
Preliminary Application" shall be maintained as part of the
permanent program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
All potential participants must complete "Form B, Residential
Rehabilitation Applicant Income Certification."
a. The Income Certification form shall be completed by potential
participants to determine, in part, the income eligibility of the
individual(s) and the household applying for the program.
b. Documentation of Income sources for each household resident or
other immediate family member over eighteen (18) years of age
must be provided for the last twelve (12) month period preceding
the date of the application.
c. Adequate documentation may include, but not be limited to, the
most recent year's federal income tax return.
d. Failure to disclose and report all sources of household and family
income during this process will result in disqualification for a
residential rehabilitation loan.
e. If applicant is approved for participation in this program, any and
all loan funds will become due and payable immediately upon
written notice delivered by certified mail where such unreported
income is documented by the Program Administrator.
f. "Form B, Residential Rehabilitation Applicant Income
Certification" shall be maintained as part of the permanent program
file for each homeowner making application to the Collier County
Residential Rehabilitation Program.
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ATTACHMENT A
All potential participants must complete either "Form C, Residential
Rehabilitation Applicant Rehabilitation Program Asset Certification" or
"Form C-1, Residential Rehabilitation Program Asset Certification
Addendum."
a. "Form C, Residential Rehabilitation Applicant Asset Certification"
shall be completed by all potential program participants who meet
the following criteria in order to determine initial income
eligibility:
1) Any homeowner whose assets exceed $5,000 (including all
family members or other individuals residing in the house
to be rehabilitated); and
2) Any homeowner whose home may be rehabilitated with
funds from any funding source other than Hurricane
Andrew Assistance or SHIP.
b. This certification must be completed so as to include asset
information for all residents of the housing unit and all members of
the family unit.
c. For those homeowners whose home will be rehabilitated
exclusively with funds from the SHIP program and whose assets
do not exceed $5,000, the form entitled "Form C-l, Residential
Rehabilitation Program Asset Certification Addendum" shall be
completed.
1) Such Certification shall be applied to and must include the
assets of all family members residing in the dwelling unit.
d. Both "Form C, Residential Rehabilitation Program Asset
Certification" and "Form C-l, Residential Rehabilitation Program
Asset Certification Addendum" shall be maintained as part of the
permanent program file for each homeowner making application
to the Collier County Residential Rehabilitation Program.
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ATTACHMENT A
e. For purposes of this program, assets shall include, but not be
limited to, real property other than the property to be rehabilitated
under this program, savings, stocks, bonds and other forms of
capital investment, excluding interests in Indian trust land and
equity in a housing cooperative unit.
All potential participants must provide adequate information so that "Form
D, Verification of Employment" can be completed in a timely manner by
their employer.
a. Potential participants must complete Part I, Applicant Information
and Part II, Employer Information, which includes the name and
address of their current employer.
b. Employer must complete Part III, Employment Information, and
sign the document, and return the document by mail or personal
delivery to the Housing and Urban Improvement Department.
e. Applications will not be considered complete until Verification of
Employment has been signed and delivered to the Collier County
Housing and Urban Improvement Department.
1) Collier County Housing and Urban Improvement
Department shall provide an addressed, stamped envelope
to be utilized by the employer to return the Verification of
Employment form to the Housing and Urban Improvement
Department.
2) Forms returned to the Housing and Urban Improvement
Department by potential participants will not be accepted
for use in the program.
d. "Form D, Verification of Employment" shall be maintained as part
of the permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program.
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ATTACHMENT A
Where a potential program participant is unemployed at the time that
application is made to participate in the Collier County Residential
Rehabilitation Program, the form entitled "Form E, Unemployed
Affidavit" shall be completed, signed, and notarized by the applicant.
a. If an individual becomes employed during the course of the
program application process, the individual must report said
employment to the Collier County Housing and Urban
Improvement Department within ten (10) working days, excluding
holidays and weekends, and complete "Form D, Verification of
employment," referred to in Section II.B.5, above.
b. "Form E, Unemployed Affidavit" shall be maintained as part of the
permanent program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
If potential participant or any member of the household is receiving any
form of public assistance, the form entitled "Form F, Verification of
Benefits" must be completed as part of the application process.
a. The total amount of public assistance that is provided to each
individual residing in the household must be documented on the
"Verification of Benefits" form.
b. The "Verification of Benefits" form must include all sources of
public assistance funds for all household members.
c. "Form F, Verification of Benefits" shall be maintained as part of
the permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program.
For individuals or families whose dwelling unit was damaged by
Hurricane Andrew, the form entitled "Form A-l, Homeowner Hurricane
Damage Certification" shall be completed and signed by the homeowner
and any co-owner.
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A~AC~E~ A
Co
a. Completion of the Damage Certification form by a potential
program participant shall initiate the inspection process by the
County Code Enforcement Department or the City of Naples
Building Division.
b. "Form A-l, Homeowner Hurricane Damage Certification" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program.
9. Other verification forms may be developed and used from time to time by
the Collier County Housing and Urban Improvement Department in the
course of the Program in order to obtain third party verification of all
sources of income and verification of all assets claimed by an applicant or
other household resident and/or member making application to the
Program.
a. Refusal by an applicant to provide information to Collier County
Housing and Urban Improvement regarding sources for third party
verifications for income and assets shall be considered sufficient
grounds for a negative determination of program eligibility.
Applicant Eligibility Determination
1. Collier County Housing and Urban Improvement Department will
maintain a program file for each prospective program participant that will
contain all related participant applications, verifications, references, credit
histories, and other related documents.
2. Collier County Housing and Urban Improvement Department will
determine whether each applicant meets the income eligibility criteria for
the program set forth in the document entitled "Form G, Household
Income Survey Form for Rehabilitation Program."
a. The income eligibility criteria used on this form shall be updated
on an annual basis to reflect the most recent median income data as
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ATTACHMENT A
established by the U. S. Department of Housing and Urban
Development.
b. "Form G, Household Income survey Form for Rehabilitation
Program" shall be maintained as part of the permanent program file
for each homeowner making application to the Collier County
Residential Rehabilitation Program.
Applicant eligibility determination shall include a review of each
applicant's credit history.
a. Each applicant and co-applicant must sign "Form H, Release and
Consent for Third Party Verification."
b. Use of this form is restricted to the Collier County Housing and
Urban Improvement Department, its grantors, or a participating
local financial institution, as required and permitted by law.
c. "Form H, Release and Consent for Third Party Verification" shall
be maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program.
Applicant eligibility determination shall include verification of applicant's
ownership of the property to be rehabilitated and disclosure of mortgages
to lending institutions.
a. Where an applicant owns title of the property to be rehabilitated,
Applicant shall provide a copy of the property deed to the Housing
and Urban Improvement Department.
1) The Housing and Urban Improvement Department shall be
permitted to obtain a copy of the deed by which Applicant
acquired title of the property to be rehabilitated from the
public records of Collier County.
2) Where no such public record exists, it shall be contingent
upon the Applicant to demonstrate ownership of the
property for which application is being made.
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ATTACHMENT A
All applicants must provide adequate information so that "Form I,
Verification of Mortgage or Deed of Trust" can be completed by
any lending institution holding a note on the property to be
rehabilitated.
Applicants must complete Part I, Applicant Information and Part
II, Lender Information, which includes the name and address of
any lending institution holding a note on the property to be
rehabilitated.
1) If no lending institution holds a mortgage, applicant must
designate such information on "Form I, Verification of
Mortgage or Deed of Trust."
If applicable, the lending institution must complete Part III,
Mortgage Information, and return the signed document to the
Collier County Housing and Urban Improvement Department.
1) If applicable, Collier County Housing and Urban
Improvement Department shall provide an addressed
envelope to be utilized by the lending institution to return
"Form I, Verification of Mortgage or Deed of Trust" to the
Collier County Housing and Urban Improvement
Department.
2) Completed Verification of Mortgage or Deed of Trust, Part
III forms that are delivered to the Housing and Urban
Improvement Department by program applicants will not
be accepted for use in the Residential Rehabilitation
Program.
"Form I, Verification of Mortgage or Deed of Trust" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program.
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ATTACHMENT A
l~aeh applicant must meet the following criteria:
a. Home~ less than (12) months do not qualify_ under this pro_eranl,
b. Rehabilitation including construction and emergency repair o~
affordable housing qualifies under the pro_mm. For purposes of
this Section. Rehabilitation means repairs or improvements which
are needed for safe and/or sanitary_ habitation, correction of code
violations, creation of additional living space, or addition of
handicapped accessible items.
c. Loans are limited to a maximum of Fifteen Thousand (15.000)
dollars per household.
Each potential participant shall be sent a letter from the Collier County
Housing and Urban Improvement Department notifying them whether
they meet the eligibility criteria established herein.
a. In cases where a potential participant is determined to be ineligible,
the reasons for this determination shall be set forth in the
notification letter to the potential participant(s).
1) Any such negative determination of eligibility shall be
mailed to the applicant by certified mail within three (3)
days of such determination.
b. Potential participants who have been determined to be ineligible
shall be given the opportunity to correct or explain in greater detail
any information that resulted in, or affected the negative eligibility
determination made by the Housing and Urban Improvement
Department.
c. The Program Administrator shall have the authority to make a final
determination regarding an applicant's compliance with the
requirements for third party verification.
d. The Program Administrator shall have the final decision-making
authority regarding a determination of eligibility or non-eligibility
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ATTACHMENT A
III.
for participation in the Collier County Residential Rehabilitation
Program.
e. Such determination shall be kept as a permanent part of the
applicant's program file.
Determination of Corrective Actions
A. Determination of corrective actions by an inspecting department or division may
occur pursuant to this Article III after an application to the Collier County
Rehabilitation Program has been submitted by an individual homeowner.
1. Determination of corrective actions may be conducted prior to an
applicant's receiving a final determination of eligibility from the Collier
County Housing and Urban Improvement Department.
B. Unincorporated Collier County
1. Collier County Code Enforcement Department will conduct and complete
the initial inspection of a dwelling unit under this program within ten (10)
working days of notification of a homeowner's participation in the Collier
County Residential Rehabilitation Program by the Collier County Housing
and Urban Improvement Department.
a. Initial inspection will determine if there are deficiencies and/or
violations of the Collier County Housing Code Ordinance,
Ordinance No. 89-06, as amended.
1) The Code Enforcement Department may pursue
enforcement action against individuals or property owners
where Housing Code violations are found.
b. Collier County Code Enforcement Department will document the
results of the initial inspection on the Code Enforcement
Department's form entitled "Inspection Report, Minimum Housing
Code - Ordinance 89-06." This form may also be referred to as
"Form J" for use in this program.
1) A copy of the signed, completed inspection form will be
provided to the Housing and Urban Improvement
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ATTACHMENT A
Department within three (3) working days of the
completion of the inspection by the Code Enforcement
Department.
2) "Inspection Report, Minimum Housing code - Ordinance
89-06" shall be maintained as part of the permanent
program file for each homeowner making application to the
Collier County Residential Rehabilitation Program.
c. Collier County Code Enforcement Department shall identify and
prioritize code violations on the "Inspection Report" completed for
each dwelling unit so that rehabilitation services can be directed at
elimination of any pressing and immediate safety and/or health
concern.
1) Health and safety Housing Code violations shall be given
priority by Contractors over any cosmetic rehabilitation
work during inspection, bid preparation, and provision of
rehabilitation services.
2) It shall be the responsibility of the Contractor, in
consultation with the homeowner, to determine and
prioritize rehabilitation services beyond immediate health
and/or safety concerns which are identified and prioritized
by the Collier County Code Enforcement Department.
d. The signed and completed Code Enforcement Department
Inspection Report will provide the basis for Contractors to
complete the form entitled "Form K, Collier County Residential
Rehabilitation Program Work Write-Up."
City of Naples
1. At the City's discretion, either the City of Naples Building Division or the
Collier County Code Enforcement Department will conduct and complete
the initial inspection of dwelling units under this program within ten (10)
working days of notification by Collier County Housing and Urban
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ATTACHMENT A
Improvement Department of a homeowner's participation in the Collier
County Residential Rehabilitation Program by the Collier County Housing
and Urban Improvement Department within the incorporated bounda~ries
of the City of Naples.
a. Initial inspection will determine if there are deficiencies and/or
violations of the City of Naples Housing Code Ordinance,
Ordinance No. 92-6621, as amended.
1) The City of Naples Building Division may pursue
enforcement action against individuals or property owner(s)
where Housing Code violations are found.
b. City of Naples Building Division or Collier County Code
Enforcement Department inspectors will document the results of
the initial inspection on the form entitled "Form L, City of Naples
Inspection Report" or some other standard form which may be
developed for use in this program.
1) A copy of the signed completed inspection form will be
provided to the Collier County Housing and Urban
Improvement Department within three (3) working days of
the completion of the inspection by the inspecting division
or department.
2) "Form L, City of Naples Inspection Report" shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County
Residential Rehabilitation Program whose residence is
located within the City boundaries.
c. City of Naples Building Division, or other inspecting entity, shall
identify and prioritize code violations on each dwelling unit so that
rehabilitation services can be directed at elimination of any
pressing and immediate safety and/or health concern.
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ATTACHMENT A
1) Health and safety Housing Code violations shall be given
priority by Contractors over any cosmetic rehabilitation
work during inspection, bid preparation, and provisiofi of
rehabilitation services.
2) It shall be the responsibility of the Contractor, in
consultation with the homeowner, to determine and
prioritize rehabilitation services beyond immediate safety
and/or health concerns which are identified and prioritized
by the City of Naples Building Division, or other inspecting
entity.
d. The signed and completed Inspection Report will provide the basis
for contractors to complete the form entitled "Form J, Collier
County Residential Rehabilitation Program Work Write-Up."
Contractor's Initial Inspection
The contractors selected by the owner of the property_ or pre-qualified by
the County as described in Section IV. B,4 shall conduct a professional
inspection of any eligible dwelling unit in order to determine the need for
any rehabilitation work that goes beyond correction of housing code
violations.
a. Any such rehabilitation work that may go beyond the minimum
requirements of the City of Naples Housing Code shall be
documented and noted on the Work Write-Up form by the
inspecting contractor.
b. The Contractor shall document estimated material requirements
and unit labor costs for installation of materials on the Work Write-
Up form.
l) The Work Write-Up form shall include any estimates of
cost for the materials and work that must be completed to
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ATTACHMENT A
IV.
correct all County and/or City Housing Code deficiencies
found during the initial inspection.
2) The Work Write-Up form shall distinguish between
estimates of material and labor for correction of code
violations and any additional rehabilitation work which the
contractor identifies as a result of his/her inspection of the
dwelling unit.
c. The completed Work Write-Up form will serve as the basis for
bids from pre-qualified contractors and contractors selected by the
owner which will address all documented Housing Code
deficiencies of the eligible dwelling unit and any other work that
may need to be completed to protect the health and safety of
residents and/or the integrity of the dwelling unit.
d. A copy of the signed, completed Work Write-Up form will be
provided to the homeowner, the Collier County Housing and
Urban Improvement Department, and the Collier County
Purchasing Department within three (3) working days of the
completion of the inspection by the contractor.
Contractors Pre-qualified By the County_
A. Solicitation of Contractors by County_ for participation in the Collier County
Residential Rehabilitation Program.
1. The Collier County Purchasing Department, in tandem with the Collier
County Housing and Urban Improvement Department, will formally
solicit qualifications and related information from various contractors and
pre-qualify contractors.
2.Communicating Program Procedures and Guidelines to Contractors
a. Program procedures for inspection of premises, submission of bids
for individual residences, notice of commencement, and methods
of payment for services will be outlined and provided to potential
participating contractors at a mandatory pre-qualification meeting
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ATTACI4MENT A
conducted by the Collier County Housing and Urban Improvement
Department and the Collier County Purchasing Department.
Every effort will be made to include minority businesses in the Program.
The formal solicitation will include a description of the Program, its
purpose, and the nature and scope of the work that may be performed in
the course of the Program.
a. Interested contractors will submit responses to the formal
solicitation to the Purchasing Department.
b. The responses will be evaluated by a staff selection committee
which will submit a recommended list of pre-qualified contractors
to the Board of County Commissioners for approval.
c. Responses to the solicitation shall include, but not be limited to,
the following documentation:
1) County and/or City occupational licenses
2) Current Certificates of Insurance to include:
a) Current liability insurance certificate
b) Current Workmen's Compensation certificate
3) Contractor Application
4) References from:
a) Two (2) major suppliers from whom construction
materials have been purchased
b) Local financial institutions through which credit has
been established
c) Individuals (including address, phone numbers, and
dollar value of jobs) for whom work has been
recently completed.
d. A Resolution will be presented to the Board of County
Commissioners which will authorize the Chairman of the Collier
County Board of County Commissioners to commit the County to
a contractual relationship with each qualified firm for the
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ATTACHMENT A
performance of rehabilitation services. This contract will authorize
qualified finns to submit bids for and perform residential
rehabilitation work and services for qualified program partieil~ants.
1) The Resolution presented to the Board of County
Commissioners for pre-qualification of contractors will
pertain to all contractors favorably evaluated or meeting the
criteria utilized by the staff selection committee.
e. Bids may be submitted to perform rehabilitation work under this
program omty by pre-qualified contractors.
Contractual relationship between Collier County and Contractors
1. Each pre-qualified ~.~':v. contractor must enter into a contract with Collier
County to perform residential rehabilitation services and participate in the
program.
a. The Collier County Purchasing Department, in tandem with the
Collier County Attorney's Office shall establish the appropriate
form of contract between the pre-qualified contractors and the
County.
1) The contract utilized upon approval by the Collier County
Purchasing Department and the Collier County Attorney's
Office, which may be amended administratively from time
to time, shall be attached hereto and entitled "Contract C-1,
Agreement and General Specifications."
b. Entering said contract is not a guarantee to contractor that work
will be awarded to contractor for the residential rehabilitation
program.
1) The contract provides the contractor the opportunity to
participate in a competitive bid process to provide
residential rehabilitation services for each eligible program
participant.
Words underlined are additions, words ~"'~'~' ~' ..... ~' are deletions.
18
ATTACI{MENT A
2) Contracts to provide residential rehabilitation services will
be awarded in accordance with Collier County's Purchasing
Policy. Qualitative factors including, but not limited to, the
proposed time of completion for a project and any in-kind
contributions offered in the bid will also be considered in
the evaluation process.
"General Specifications" found in Contract C-1 shall serve as a
guide to contractors and their subcontractors for preparing bids,
selecting materials, and performing work under the Residential
Rehabilitation Program.
1) "General Specifications" address:
a) Materials and Workmanship - General
b) Interpretation
c) General Conditions, and
d) Specifications, which addresses rehabilitation work
and materials eligible for reimbursement under
program guidelines including,
Aluminum Awnings and Canopy
Appliances - Electrical and Gas
(1)
(2)
(3) Blacktop/Parking areas
(4) Cabinets
(5) Fencing
(6) Concrete Work
(7) Doors and Windows
(8) Electrical
(9) Floor and Coverings
(10) Gutters and Downspouts
(11) Insulation
(12) Landfill
(13) Painting
(14) Plumbing
(15) Roofing
(16) Soffit and Eaves
(17) Solar Energy System
(18) Termites
(19) Tree Removal
Words underlined are additions, words ~'""~"' +~ ..... ~' are deletions. 19
ATTACHMENT A
(20) Vents and Crawl Space Access
(21) Exterior and Interior Walls and Ceiling
Finishes
d. Contractors and firms may be placed on the list of eligible, pre-
qualified contractors after the initial set of eligible contractors has
been established only upon meeting all of the following
requirements:
1) Contractor must meet all of the requirements contained and
established in the initial program bid documents.
2) Contractor must be approved and formally added to the list
of pre-qualified contractors by the Board of County
Commissioners.
The Housing and Urban Improvement Department will mail notices to all
pre-qualified contractors soliciting bids for eligible dwelling units based
on the results of inspections conducted by the Collier County Code
Enforcement Department or the City of Naples Building Division and
documented on each jurisdiction's "Inspection Form."
a) Pre-qualified contractors will have a maximum of fourteen (14)
calendar days from the date that the request for bids for an
individual project is mailed to complete and submit the Work
Write-Up, in accordance with Section III.D.7 form and a complete
project bid to the Collier County Purchasing Department.
1) Any bid shall detail the individual cost to correct each Code
violation cited by the inspecting department or division and
shall address:
labor costs
material costs.
a)
b)
Evaluation of Bids
no
In evaluating all bid prices, the County reserves the right to
compare all bids submitted for rehabilitation work under this
program to the following guidelines:
Words underlined are additions, words ~'~'~ '~ ..... ~ are deletions. 20
ATTACHMENT A
1) Labor costs should favorably compare to the most recent
edition of The Building Estimator's Reference Book,
William H. Spradlin, Jr., ed. (Chicago, IL: Frank R. Walker
Company).
a) Any labor cost that is not covered in this reference
must be explained by the contractor and be broken
down by unit cost for the particular service
performed.
b. A copy of the bid document submitted by the Contractor who is
awarded the contract for an individual dwelling unit shall be
provided to the County Clerk Finance Department to ensure that
payments made to Contractors reflect costs included in the bid.
Notice to Proceed
a. The awardee will receive a Notice to Proceed when:
1) the homeowner has executed and recorded the second
mortgage,
2) the homeowner has executed the promissory note,
3) the homeowner and contractor have signed "Contract C-2,
Contract for Rehabilitation of Owner-Occupied Dwelling
Unit,"
4) the homeowner has signed "Contract C-3, Performance
Agreement" with Collier County.
bo
The official Notice to Proceed will be issued on a County Purchase
Order by the Purchasing Department.
A Supplemental Proceed Order will be issued to the contractor
through the Collier County Housing and Urban Improvement
Department on "Form Q, Proceed Order." This Program form will
provide a start date and a completion date for the particular project
and must be signed by the homeowner, the Contractor, and the
Director of the Collier County Housing and Urban Improvement
Department.
Words underlined are additions, words .~-..,,.,1.
............ ~,.. are deletions. 21
ATTACHMENT A
Co
d. "Form Q, Proceed Order" shall be maintained as part of the
permanent program file for each homeowner making application to
the Collier County Residential Rehabilitation Program.
7. Notice of Commencement
a. Notice of Commencement must be filed by Contractor pursuant to
the requirements of Chapter 713, Florida Statutes, for each
dwelling unit receiving rehabilitation services under the Collier
County Residential Rehabilitation Program.
b. Collier County Board of County Commissioners shall be named on
the Notice of Commencement as "Lender."
c. Collier County Housing and Urban Improvement Department shall
be named on the Notice of Commencement as "Persons within the
State of Florida designated by owner upon whom notices or other
documents may be served" as provided by Section 713.13 (1)(a)7.,
Florida Statutes.
d. Collier County Clerk Finance Department shall be named on the
Notice of Commencement under "8. In addition to himself, Owner
designates ... to receive a copy of Lienor's notice" as provided in
Section 713.13 (1)(b), Florida Statutes.
Homeowner/Contractor Relationship
1. One (1) standard program contract shall be used and signed by the
homeowner(s)/program applicant(s), and the Contractor selected to
perform the work n.,a .u~ ~,.~a Ac,-, .... ... r.,,~,.~,;~..; ..... ~.. ~...Ul;..u
a. Program Contract C-2 entitled "Contract C-2, Contract for
Rehabilitation of Owner-Occupied Dwelling Unit"
1) The "Contract for Rehabilitation of Owner-Occupied
Dwelling Unit" shall include, but not be limited to, the
following elements:
Words underlined are additions, words -'-'"'- .u ..... u are deletions. 22
ATTACHMENT A
2)
a) Scope of Work
b) Contract Sum, which includes the total contract
price .
c) , Commencement of Work/Notice to Proceed
d) Time and Liquidated Damages
e) Delays and Extensions of Time
f) Contract Documents, including but not limited to
the Contract for Rehabilitation of Owner~Occupied
Dwelling Unit, the Work Write-Up, and any
approved Change Orders directing modifications
g) Complaints and Disputes
h) Public Liability/Builder's Risk and Workmen's
Compensation Insurance
i) Owner's Liability/Loss of Insurance
j) Equal Opportunity
k) Use of Existing Utilities by Contractors and/or
Provision of Temporary Services of Site
1) Contractor Supervision of Employees
m) Maintenance of Premises
n) Occupancy of the Premises
o) Inspection of Work
p) Change Orders and Modifications
q) Guarantee of Work
r) Lead-Based Paint Certification
s) Conflict of Interest
t) Compliance with Local Codes and Ordinances
u) Assignment and Transfer
v) Termination
w) Severability
x) Conflicting Provision
y) Waiver
z) Modification
aa) Illegal or Unconstitutional Provisions
ab) Hold Harmless and Indemnity
ac) Anti-Discrimination Statement
A copy of "Contract C-2, Contract for Rehabilitation of
Owner-Occupied Dwelling Unit" shall be maintained as
part of the permanent program file for each homeowner
making application to the Collier County Residential
Rehabilitation Program.
Words underlined are additions, words ~._...t. ~, .....h
........... ~., are deletions.
23
ATTACHMENT A
3) "General Specifications for Rehabilitation and Home
Repair" which are included as part of the Contract
document entitled "Contract C-l, Agreement for Services"
between Contractor(s) and Collier County shall guide and
provide direction to any and all Contractors and
Subcontractors for materials purchased and installed under
this program.
Contractor/Subcontractor Relationship
1. Contractor shall provide Collier County Housing and Urban Improvement
Department with a project bid which shall include:
a. a list of all subcontractors performing work under contract, or
otherwise, for each dwelling unit that contractor provides
rehabilitation services.
b. a breakdown of projected labor and material costs for each
subcontractor performing rehabilitation work on a particular
dwelling unit.
2. Contractor is responsible for maintaining appropriate work quality by any
and all subcontractors used to complete a rehabilitation project.
3. Contractor shall require each of its subcontractors to procure and maintain,
until the completion of the subeontraetor's work, insurance of the types
and to the limits specified for Contractor in "Contract C-l, Agreement"
and "Contract C-2, Contract for Rehabilitation of Owner-Occupied
Dwelling Unit", unless such insurance requirements for the subcontractor
are expressly waived in writing by Collier County. All liability insurance
policies, other than professional liability, worker's compensation and
employer's liability policies, obtained by Contractor to meet the
requirements of the "Contract C- 1, Agreement" and "Contract C-2,
Contract for Rehabilitation of Owner-Occupied Dwelling Unit" shall name
the Owner and Collier County as additional insureds and shall contain
severability of interest provisions. If any insurance required expires prior
Words underlined are additions, words :t:"..:ek t~:eug,.h are deletions. 24
ATTACHMENT A
to the completion of the Work, renewal Certificates of Insurance and, if
requested by Owner, certified tree copies of the renewal polices shall be
furnished by Contractor within thirty (30) days prior to the date of
expiration.
4. Contractor shall obtain a signed original of"Form M, Waiver of Lien to
Date" fi.om all Subcontractors performing work on a dwelling unit prior to
submitting a "Form U, Request for Inspection."
a. All subcontractor Waivers of Lien are required to be submitted
with any Contractor's request for payment.
b. Contractor must submit all Waivers of Lien with a request for
payment to the Collier County Housing and Urban Improvement
Department.
Performance of Rehabilitation Work by Contractor and Sub-contractors
1. Materials to be purchased and installed shall conform to the minimum
material standards found in "General Specifications for Rehabilitation and
Home Repair" as incorporated in "Contract C-l, Agreement for Services"
a. Materials that are equivalent(s) in quality and life-cycle may be
substituted.
b. Any substitutions of materials that occurs after a contract has been
completed and approved shall require a change order, except where
a particular item is no longer available.
1) Any Change Order(s) for substituted materials must be
approved and signed by the homeowner and the Program
Administrator or his/her designee prior to installation for
the material to remain an eligible expenditure.
c. Material specifications may be changed administratively, from
time to time, to reflect changes in markets and technological
improvements in material composition.
2. All work performed by any contractor(s) and its subcontractor(s) shall be
in accordance with:
Words underlined are additions, words ~*'"'~'~- **' ..... ~' are deletions. 25
ATTACHMENT A
o
a. The Inspection Report completed and submitted by the Collier
County Code Enforcement Department or the City of Naples
Building Division.
b. Bid documents submitted by the Contractor on "Form K, Program
Work Write-Up" and any supplemental plans submitted in
conjunction with this form.
c. The Scope of Work established and agreed to by the parties in
"Contract C-2, Contract for Rehabilitation of Owner-Occupied
Dwelling Unit."
d. The Program document entitled "General Specifications for Home
Repairs and Rehabilitation."
All work performed by any contractor(s) and their subcontractor(s) must
conform to the requirements of:
a. The Collier County Housing Code, Ordinance No. 89-06, as
amended;
b The City of Naples Housing Code, Ordinance No. 92-6621, as
amended;
c. All construction industry codes referred to in the above referenced
County and City codes, as amended;
d. "General Specifications for Rehabilitation and Home Repair;"
e. All materials and workmanship shall conform to the requirements
of the Standard Building Code, 1991 edition, as amended.
Contractors Selected by Owner
A. Solicitation of Contractors by Owner
The owner may obtain bids from contractors and/or subcontractors who
are not pre-qualified by the County as long as the owner solicits proposals
according to the write-ups and inspections performed by the County or tile
Ci_ty of Naples pursuant to Section III. D. The ag~egate cost may not
exceed $15.000. The bid shall detail the individual cost to correct each
Words underlined are additions, words z~,:ek ~ough are deletions.
26
ATTACHMENT A
code violation cited by the inspecting department or division and shall
address labor costs and materials costs. Labor costs should favorably
compare to the most recent edition of The Building Estimator's Refer'ence
Book. William H. Spradling. Jr. ed. (Chicago, IL: Frank R. Walker
Company).
2. The owner may select a contractor after the County. receives the following
documents:
a. Copy of the bid
b~ County and/or City occupational licenses
c. Current Certificates of Insurance with coverage for;
1,l Current liability_ insurance
23 Current Workmen's Compensation
~ Current Business Auto Liability
3. Tho Contractor is an independent Contractor and shall not be deemed an
agent, employee or partner of the Coun _ty.
Administration of Residential Rehabilitation
!. A copy of the bid document submitted by the Contractor who is awarded
the contract for an individual dwelling unit shall be provided to the County
Clerk Finance Department to ensure that pa.vrnents made to Contractors
reflect costs included in the bid.
2. Notice to Proceed
a. The awardee will receive a Notice to Proceed when:
.LI the homeowner has executed and recorded the second
mortgage.
23 the homeowner has executed the promissory.
~ the homeowner has si_m~ed "Contract C-3, Performance
Agreement" with Collier County..
b. The official Notice to Proceed will be issued on a County_ Purchase
Order by the Purchasing Department.
c. A Supplemental Proceed Order will be issued to the Contractor
Words underlined are additions, words "*'"'~' `~ ..... ~' are deletions. 27
ATTACHMENT A
through the Collier County_ Housing and Urban Improvement
Department on "Form Q. Proceed Order." This Pro_re'am form will
provide a start date and a completion date for the particular pl:oject
and must be signed by the homeowner, the Contractor. and the
Director of the Collier Coun _ty Housing and Urban Improvement
Department.
d. "Form Q, Proceed Order" shall be maintained as part of the
permanent pro_cram file for each homeowner making application to
the Collier County Residential Rehabilitation Pro_re'am.
3. Notice of Commencement
a. Notice of Commencement must be filed by Contractor pursuant to
the requirements of Chapter 713 Florida Statutes. for each
dwelling llllit receiving rehabilitation services under the Collier
County Residential Rehabilitation Program.
b. Golli,r Gollrlty Board of County Commissioners shall be named on
the Notice of Commencement as "Lender."
c. Collier Coun _ty Housing and Urban Improvement Department shall
be named on the Notice of Commencement as "Persons within the
State of Florida designated by owner upon whom notices or other
documents may be served" as provided by Section 713.13(1)(a)7.,
Florida Statutes.
d. Collier County, Clerk Finance Department shall be named on the
Notice of Commencement under "8. In addition to himself,
Owner designates...to receive a copy of Lienor's notice" as
provided in Section 713.131 (1)(b), Florida Stattttes.
Monitoring for Rehabilitation/Emergency Home Repair
Information regarding the nature of the work to be performed will be obtained
through the use of preliminary building inspections required by the Department of
Housing and Urban Improvement. A copy of said inspection will be maintained
Words underlined are additions, words ,,~.,,,t, ,h ..... ~,
............ ~,,. are deletions.
28
ATTACHMENT A
in the owner's permanent file. Health and safe .ty Housing Code violations will be
given priority, by the contractors over any cosmetic rehabilitation.
The owner will be responsible for the selection of the licensed contractor wh~ will
perform the repair work. The selected contractor must supply a detailed work
write-up to the owner containing an itemized listing of material and labor co~B,
This work write-up is to be approved by the owner and a representative of the
Department of Housing and Urban Improvement prior to the commencemerlt of
rehabilitation. A copy of the ar)proved write-up will be maintained in the owner'~
permanent file. The monitoring of the work will be the responsibility_ of the
owner. Contractual agreements will be executed between the owner and the
corltractor. The Department of Housing and Urban Improvement will maintain a
COPY of the signed contract to be kept in the owner's permanent file.
All work performed by contractors) and its subcontractoRs) shall be in
The Inspection Report completed and submitted by the
Collier County Code Enforcement Department or the City
of Naples Building Division.
b. Bid documents submitted by the Contractor on "Form K.
Pro_re'am Work Write-up" and any supplemental pla~s
submitted in conjunction with this form.
All work performed by any contractors) and their subcontractor(s) must conform
to the requirements off
a. The Collier County_ Housing Code. Ordinance No, 89-06,
as amended:
h. The Ci_ty of Naples Housing Code. Ordinance No. 92-
6621. as amended:
c. All construction industry_ codes referred to in the above
referenced County and City codes, as amended:
d. All materials and workmanship shall conform tO the
accordance with:
Words underlined are additions, words :.?'ack **' .....~'
..... ~.. are deletions. 29
ATTACHMENT A
requirements of the Standard Building Code. 1991 edition.
aS amended.
Required Documentation for Rehabilitation;Emergency Home Repair
The following documents are required of all eligible households for repair loans:
!. Rehabilitation/Emergency Home Repair Work Write-Un - All work that is to be
performed must be listed on this form detailing labor and material costs. This
form must be delivered to a representative of the Department of Housing and
Urban Improvement prior to the commencement of any repair work. A ~ignecl
copy will be provided to the owner and to the Coun .ty Purchasing and Finance
Departments. Loans gTanted under this pro_cram are limited to a maximum of
$15,000 per household.
2. Final Inspection - A copy of the signed final inspection will be maintained in the
owner's permanent file. A copy of the final inspection will be provided to the
own0r and to the Department of Finance.
3. Promissory_ Note - This Note will be used specifically for the loans _re'anted under
the Rehabilitation/Emergency Home Repair pro_re'am. A coy of the Note will be
maintained in the owner's permanent file, and will also be sent to the Department
of Finance. The original, executed Note will be kept on file in the Department of
Housing and Urban Improvement.
4. Second Mortgage - The Second Mortgage will be used to secure the Promissory_
Note and will be recorded by the Clerk of the Circuit Court for Collier County.
The original, recorded Second Mortgage will be kept on file in the Department of
Housing and Urban Improvement. Copies will also be made available to the
owner and the Department of Finance. All fee's associated with the recording of
this document will be paid by the owner.
5. Waiver of Lien - Upon completion of the repair work, the contractor will be
required to execute a Waiver of Lien. No payments shall be disbursed until the
Department of Housing and Urban Improvement receives the Waiver of Lien, a
satisfactory_ inspection report and the itemized contractor's invoice,
Words underlined are additions, words """'"'- *~'.....~'!
............ ~,., are deletions. 30
ATTACHMENT A
Contractual Relationship Between Collier County and Program Participant(s)
A. Program participant(s) must meet income and program eligibility guidelines as set
forth in Section(s) II.B - II.C, above.
B. Applicant(s)/Homeowner(s) is/are responsible for reporting any change of income
to Collier County Housing and Urban Improvement Department within ten (10)
working days of any change so that closing of a Residential Rehabilitation Loan is
not unduly delayed.
1. Changes in individual, household, and/or family income shall require that
"Form B", Applicant Income Certification" be completed and recertified
by homeowner(s).
a. Third party verification shall be completed prior to closing a
Residential Rehabilitation Loan and executing "Form O, Second
Mortgage" and "Form P, Promissory Note."
C. Program participant(s) (i.e., homeowner, and co-owner where applicable) must
execute "Form N, Affidavit of No Income Change" prior to closing the
Residential Rehabilitation Loan and executing "Form O, Second Mortgage" and
"Form P, Promissory Note."
D. Program participants must execute a Second Mortgage as a security interest to
finance the costs of rehabilitation work performed on the program participant's
dwelling unit.
1. the Secondary Mortgage must be executed on "Form O, Second
Mortgage" or on a substantially similar document that has been approved
by the Collier County Office of the County Attorney.
2. Lenders may include, but not be limited to, Collier County Board of
County Commissioners or any registered financial institution operating
under the Laws of Florida in Collier County, Florida.
3. The Second Mortgage shall set forth the obligations of the Borrower(s),
Lender(s), Mortgagor(s), and Mortgagee(s) and shall include, but not be
limited to, the following uniform covenants:
a. Payment of Principal and Interest; Prepayment and Late Charges
Words underlined are additions, words~-~.~1~]. ~'1.~ ..... ~
........... e,- are deletions.
31
ATTACHMENT A
b. Funds for Taxes and Insurance
c. Application of Payments
d. Charges; Liens
e. Hazard or Property Insurance
f. Occupancy, Preservation, Maintenance and Protection of the
Property; Borrower's Loan Application, Leaseholds
g. Protection of Lender's Rights in the Program
h. Mortgage Insurance
i. Inspection
j. Condemnation
k. Borrower Not Released, Forbearance By Lender Not a Waiver
1. Successor's and Assigns Bound; Joint and Several Liability; Co-
signers
m. Loan Charges
n. Notices
o. Governing Law; Severability
p. Borrower's Copy
q. Transfer of the Property or a Beneficial Interest in Borrower
r. Borrower's Right to Reinstate
s. Sale of Note; Change of Loan Servicer
t. Hazardous Substances
u. Acceleration; Remedies
v. Release
w. Attorney's Fees
x. Rider's to the Security Instrument
Mortgage dollar amount(s) shall be limited by and shall not exceed:
a. Program guidelines as established by program grantors
b. Bids for rehabilitation services as submitted by participating
contractors
Mortgage funds shall be disbursed pursuant to the terms of"Form P,
Promissory Note" and/or "Contract C-3, Performance Agreement."
The Second Mortgage shall be recorded with the office of the Collier
County Clerk of Courts upon closing of the Rehabilitation Loan with the
lending entity and the Homeowner.
Upon closing, Homeowner must provide the Collier County Housing and
Urban Improvement Department with a check to cover the costs of
recordation of the Mortgage instrument with the Collier County Clerk of
Courts and documentary stamp tax.
Words underlined are additions, words ~,,.,,~v ,~. ..... ,,
............ ~,.. are deletions. 32
ATTACHMENT A
8. No payment or disbursement of loan funds will be made or processed for
the program participant/homeowner or the Contractor until Collier County
Housing and Urban Improvement Department receives a certified COl~y of
the recorded Second Mortgage document.
9. A copy of"Form O, Second Mortgage" shall be maintained as part of the
permanent program file for each homeowner making application to the
Collier County Residential Rehabilitation Program.
Program participants must execute a Promissory Note as a security instrument and
promise to repay the Second Mortgage at the time that title to the property transfer
to an individual or individuals other than Borrower(s), or in accordance with the
terms of Form O, Second Mortgage.
1. The Promissory Note must be executed on "Form P, Promissory Note" or
on a substantially similar document that has been approved by the Collier
County Office of the County Attorney.
2. The Promissory Note sets forth the obligations of the Borrower, the
Lender, and the Noteholder and shall include, but not be limited to, the
following elements:
a. Borrower's Promise To Pay
b. Interest
c. Payments
d. Borrower's Right to Prepay
e. Loan Charges
f. Subordination
g. Borrower's Failure To Pay As Requested
h. Obligations Of Persons Under This Note
i. Waivers
j. Uniform Secured Note
3. Homeowner must provide the Collier County Housing and Urban
Improvement Department with a copy of the document within three (3)
working days of signing by all involved parties.
4. No payment or advance of loan funds will be made or processed for the
program participant/homeowner or the Contractor until Collier County
Words underlined are additions, words r. tmzk thre. ugh are deletions. 33
ATTACHMENT A
Do
Housing and Urban Improvement Department receives a copy of the
"Form P, Promissory Note" from the homeowner.
5. A copy of"Form P, Promissory Note" shall be maintained as part of
permanent program file for each homeowner making application to the
Collier County Residential Rehabilitation Program.
Program participants must execute the program document entitled, "Contract C-3,
Residential Rehabilitation Program Performance Agreement."
1. The Performance Agreement sets forth the obligations of the Program
Participant with regard to the facts and purposes of the program which
includes, but is not limited to:
a. that program participant understands the conditions of the loan,
including program guidelines, rules, and restrictions
b. that benefits are transferable
c. that eligible dwelling units be occupied by the program participant
prior to and at, er completion of rehabilitation work to the dwelling
unit
d. that several funding sources may be used to provide services under
this program, and which programs may have different requirements
regarding location of eligible dwelling units and use of funds
e. that the eligible dwelling unit must comply with the requirements
of the Collier County Housing Code, Ordinance No. 89-06, as
amended; or if located within the City of Naples, the unit must
comply with applicable sections of the City of Naples Housing
Code, Ordinance 92-6621, as amended
f. that no owner, co-owner or relative of an owner or co-owner shall
serve as a contractor or subcontractor for the rehabilitation of the
subject property, nor shall an owner, co-owner, or relative receive
any compensation for their labor with any program funds
1) A relative of a homeowner or co-owner shall be defined in
this instance as an immediate family member to include
mother, father, brother, sister, aunt, uncle, and cousin or a
family member by marriage, to include mother-in-law,
father-in-law, brother-in-law, and sister-in-law.
g. that all work performed by a contractor will be in accordance with
the Inspection Report prepared by the Collier County Code
Enforcement Department, or by the City of Naples Building
Division, and that no changes to bid work will be paid for with
loan funds where there has not been express written prior approval
by the Program Administrator on the form entitled "Form R,
Residential Rehabilitation Program Change Order"
Words underlined are additions, words ~n~,~1~1..~ ..... 1~ are deletions. 34
ATTACHMENT A
ho
jo
ko
mo
no
po
qo
that access to the property and dwelling unit will be provided to
County, City, or other appropriate personnel conducting
inspections to determine interim progress and/or completion of
work for any or all rehabilitation work performed with funds from
this program
that contractor is responsible for acquiring any and all permits and
approvals to perform work under this program and must provide
evidence of permits where requested, by program personnel,
including but not limited to inspectors
that Owner/Program Participant shall execute the Second
Mortgage, Promissory Note, or other instrument deemed
appropriate for use in this program by the Office of the Collier
County Attorney and pay for recording costs
that payment for any work performed prior to execution of the
Second Mortgage, Promissory Note, or other approved instrument,
including but not limited to, an official Notice to Proceed, shall be
the sole responsibility of the Homeowner/Program Participant
liability for payment for any work performed by the contractor
which does not conform to the Work Write-Up where express
written approval has not been given by Collier County Housing
and Urban Improvement Department and the Owner shall be the
sole responsibility of Contractor
that program funds for rehabilitation shall be loaned to owner at
zero percent (0%) interest and payment of the principal amount
shall be deferred until such time that title to the property transfers
to an entity other than the owner.
that owner shall occupy the rehabilitated residential unit as the
owner/program participant's primary residence until a Satisfaction
of Mortgage is recorded in the Public Records of Collier County,
or shall be in default of this Performance Agreement, the required
Second Mortgage, and the Promissory Note
that the maximum amount of the loan shall be the actual amount
paid to the contractor, or seven thousand five hundred ($15,000)
dollars, whichever is less.
that if the residence or property is historically significant:
1) improvements must be consistent with those approved by
the Florida Department of State in accordance with the
" ret of the
most current revision of Sec ary Interior's
Standards for Rehabilitation and Guidelines for
Rehabilitation of Historic Buildings," and
2) improvements must comply with the Collier County
Historic/Archaeological Preservation Ordinance, Ordinance
No. 91-70.
that the Performance Agreement shall be enforced by Collier
County through injunctive or any other legal remedy.
Words underlined are additions, words "~"'"~- *~ ..... ~'
............ ~,. are deletions. 35
ATTACHMENT A
¥I. VII.
A.
2. The Chairman of the Collier County Board of County Commissioners
shall be authorized by Resolution to sign the Performance Agreement on
behalf of the County.
3. A copy of "Contract C-3, Residential Rehabilitation Program Performance
Agreement" shall be maintained as part of the permanent program file for
each homeowner making application to the Collier County Residential
Rehabilitation Program.
Inspection(s) of Rehabilitation work
Interim Inspections for Code Deficiencies
1. Contractors are responsible for arranging interim inspections with
appropriate county or city departments.
2. Interim inspections will be conducted by Collier County Code
Enforcement Department, or the City of Naples Building Division in order
to determine compliance of rehabilitation work with the County Housing
Ordinance, Ordinance No. 89-06, as amended, or the City Housing Code,
Ordinance No. 92-6621, as amended.
a. All work performed under the Collier County Residential
Rehabilitation Program must conform to all State, County, and/or
City code requirements to be reimbursed under this program.
3. Copies of inspection forms shall be signed by each individual performing
an inspection and a copy of the completed, signed inspection form will be
provided to the Collier County Housing and Urban Improvement
Department within three (3) days of completing each inspection.
a. Each inspection form shall be maintained as a permanent part of
each program participant's file.
4. Interim inspections of premises may be made by the Collier County
Housing and Urban Improvement Department, the Collier County Code
Enforcement Department, the City of Naples Building Division, or by
inspection personnel from a Collier County financial institution, when
Words underlined are additions, words ..~......1. ~-h
............ ~,. are deletions. 36
ATTACHMENT A
Bo
such institution becomes an active participant in the Collier County
Residential Rehabilitation Program.
5. All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to general industry work quality
standards for such work, in order to pass inspection(s) and be reimbursed
under this program.
6. The Collier County Code Enforcement Department and/or the City of
Naples Building Division shall be vested with the authority to make a final
determination of conformance to code requirements for all code related
rehabilitation work performed under this program.
Interim Inspections For Rehabilitation Work Other Than Code Deficiencies
1. Interim inspections for other rehabilitation work will be performed by
Collier County Code Enforcement Department, or the City of Naples
Building Division to determine if materials and workmanship comply with
the requirements of this program as described in "General Specifications
for Rehabilitation and Home Repair" if applicable, as well as the
requirements of the County and City for such work.
2. Copies of signed, completed inspection forms for any inspection(s) shall
be provided to the Collier County Housing and Urban Improvement
Department within three (3) working days of completion of the inspection.
3. Each inspection form shall be maintained as a permanent part of each
program participant's file.
4. Interim inspections of premises may be made by the Collier County
Housing and Urban Improvement Department, the Collier County Code
Enforcement Department, the City of Naples Building Division, or by
inspection personnel from a Collier County financial institution, when
such institution becomes an active participant in the Collier County
Residential Rehabilitation Program
a. Such inspections may address, but are not limited to:
Words underlined are additions, words r, tv.'.zk tkrc, ugh are deletions. 37
ATTACHMENT A
Co
1) Inspections prior to mediation between the homeowner and
contractor, when needed
2) Inspections to determine extent of work progress prior' to
approval for an interim, progress, or final payment to
contractor.
5. All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair", if applicable, as well
as general industry work quality standards for such work, in order to pass
inspection(s) and be reimbursed under this program.
6. The Program Administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
Final Inspections for Code Deficiencies
1. Contractors are responsible for arranging final inspections with
appropriate county or city inspection departments.
2. Final inspections will be conducted by Collier County Code Enforcement
Department, or the City of Naples Building Division in order to determine
compliance of rehabilitation work with the County Housing Ordinance,
Ordinance No. 89-06, as amended, or the City Housing Code, Ordinance
No. 92-6621, as amended.
a. All work performed under the Collier County Residential
Rehabilitation Program must conform to all State, County, and/or
City code requirements to be reimbursed under this program.
3. Copies of inspection forms shall be signed by each individual performing
an inspection and a copy of the completed, signed inspection form will be
provided to the homeowner and to Collier County Housing and Urban
Improvement Department within three (3) working days of completion of
any final inspection.
Words underlined are additions, words z,~-'-zk thrv. ugk are deletions. 38
ATTACHMENT A
a. Each inspection form shall be maintained as a permanent part of
each program participant's file.
4. The Collier County Code Enforcement Department and/or the City
Naples Building Division shall be vested with the authority to make a final
determination of conformance to Code requirements for all code related
rehabilitation work performed under this program.
5. All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair", if applicable, as well
as general industry work quality standards for such work, in order to pass
inspection(s) and be reimbursed under this program.
6. The Program Administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
Final Inspections for Rehabilitation Work Other than Code Deficiencies
1. Final inspections for other rehabilitation work will be performed by
Collier County Code Enforcement Department, or the City of Naples
Building Division to determine if materials and workmanship comply with
the requirements of this program as described in "General Specifications
for Rehabilitation and Home Repair", if applicable, as well as the
requirements of the County and City for such work.
2. Copies of signed, completed inspection forms for all final inspections shall
be provided to the Collier County Housing and Urban Improvement
Department within three (3) working days of completion of the inspection.
3. Each final inspection form shall be maintained as a permanent part of each
program participant's file.
4. Final inspections of premises shall be made by the Collier County
Housing and Urban Improvement Department, or by inspection personnel
from a Collier County financial institution, when such institution becomes
Words underlined are additions, words ~,.~,~t. ,~ ..... t. are deletions. 39
ATTACHMENT A
an active participant in the Collier County Residential Rehabilitation
Program.
a. Such inspections may address, but are not limited to:
l) Inspections prior to mediation between the homeowner and
contractor, when needed
2) Inspections to determine extent of work progress prior to
approval for final payment to contractor
3) Inspection to determine if all receipted, purchased materials
have been installed
4) Inspection to obtain homeowner final sign-off and approval
for final payment to contractor.
All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must conform to the requirements of "General
Specifications for Rehabilitation and Home Repair", if applicable, as well
as general industry work quality standards for such work, in order to pass
inspection(s) and be reimbursed under this program.
The Program Administrator shall be vested with the authority to make a
final determination of work completeness and work quality in the event
that there is disagreement among any of the parties.
VIII.
Methods of Payment For Rehabilitation Work Performed
A. Performance Bonds
1. No performance bond shall be required to be posted by a contractor
selected by owner or a pre-qualified contractor under this program.
2. In lieu of posting a performance bond, an amount equal to twenty (20%)
percent of any interim progress payment will be retained pending
completion and final approval of all rehabilitation work, and submission of
Waivers of Lien and proper documentation.
B. Methods of Payment for Work Performed
Words underlined are additions, words r,~,:ck t~caugh are deletions. 40
ATTACHMENT A
There are two methods by which contractors may be paid for services
rendered under this program:
a. One time payment for services:
l) Contractor submits "Form U, Request for Inspection" to the
Housing and Urban Improvement Department. Such
request must have copies of receipts for materials attached.
No request will be processed without copies of the vendor
receipts for materials used on the dwelling unit.
Payment to Contractor is contingent on submission of
"Form U, Request for Inspection," to Collier County
Housing and Urban Improvement Department, Final
Inspection by appropriate personnel, and must be
accompanied by:
a) Affidavit from Contractor stating that
subcontractors and material suppliers have been
paid for the particular job and dwelling unit for
which the Contractor is submitting a request for
payment to Collier County.
1. Contractor(s) must submit final, notarized
originals of"Form M, Waiver of Lien to
Date" from all subcontractors with the
"Form U, Request for Inspection."
2. Final inspections will not be conducted until
such time that final, notarized originals of
"Form M, Waiver of Lien to Date" have
been submitted to the Housing and Urban
Improvement Department for all
subcontractors performing rehabilitation
work on the dwelling unit to be inspected.
2)
Words underlined are additions, words ~'-'-" '~ ..... ~ are deletions. 41
ATTACHMENT A
b)
c)
3. Contractor(s) must submit final, notarized
originals of"Form M, Waiver of Lien to
Date" from all building material suppliers
with "Form U, Request for Inspection."
4. Final inspections will not be conducted until
such time that final, notarized originals of
"Form M, Waiver of Lien to Date" has been
submitted to the Housing and Urban
Improvement Department for all material
vendors providing materials for the dwelling
unit to be inspected.
In the alternative, upon submission of invoices or
other documentation from Contractor and a written
notarized statement from Contractor that materials
have been supplied and services rendered which are
satisfactory to Contractor, payment shall be
processed.
Final inspection of all work intended to correct
Collier County Housing Code violations is
conducted by the Code Enforcement Department
within three (3) working days of receipt of "Form
U, Request for Inspection" from the Housing and
Urban Improvement Department.
Final inspection of all rehabilitation work shall be
conducted by the Collier County Housing and
Urban Improvement Department, the Collier
County Code Enforcement Department, personnel
from applicable City departments or divisions,
and/or appropriate personnel from a local financial
institution that is participating in the Program, to
Words underlined are additions, words ,,,~..,,t~ ,~ ..... ~
.......... ~.. are deletions. 42
ATTACHMENT A
6)
7)
8)
9)
determine that all purchased materials have been
installed. Such inspection shall be conducted within
three (3) working days of receipt of"Form U,
Request for Inspection" by the Housing and Urban
Improvement Department.
e) Contractor, Homeowner, and all Inspector(s)
complete and sign form entitled "Form T,
Disbursement Authorization."
f) Contractor executes form entitled "Form M, Waiver
of Lien to Date" and provides the original notarized
document to the Purchasing Department and a copy
of the executed form to the Housing and Urban
Improvement Department.
Contractor submits copies of receipts for all rehabilitation
materials purchased and installed for reimbursement with
program/loan funds to the Housing and Urban
Improvement Department with signed and completed
"Form T, Disbursement Authorization."
Housing and Urban Improvement Department shall forward
copies of all Contractor's receipts for purchased materials,
"Form T, Disbursement Authorization" and other
appropriate documents to the Collier County Clerk's
Finance Department.
Collier County Clerk's Finance Department shall process
payment to contractor for the contract mount and for any
additional work authorized and documented on "Form R,
Change Order" by the Program Administrator.
Contractor is responsible for providing payment to any and
all sub-contractors performing rehabilitation work on
dwelling units and property.
Words underlined are additions, words "*-'"" '~' ..... ~
............ ~.. are deletions. 43
ATTACHMENT A
Progress Payments
1) All requests for progress payments must be submitted on
the form entitled "Form T, Disbursement Authorization."
2) Interim or final inspection of all work intended to correct
Collier County Housing Code violations is conducted by
the Code Enforcement Department, and all work to correct
city of Naples Housing Code is conducted by the City
Building Division, within three (3) working days of receipt
of"Form U, Request for Inspection" from the Housing and
Urban Improvement Department.
3) Interim inspection of all rehabilitation work shall be
conducted by the Collier County Housing and Urban
Improvement Department, Collier County Code
Enforcement Department, applicable City departments or
divisions, and/or appropriate personnel from a local
financial institution that is participating in the Program, to
determine that all purchased materials have been installed.
Such inspection shall be conducted within three (3)
working days of receipt of"Form U, Request for
Inspection."
4) Contractor executes form entitled "Form M, Waiver of Lien
to Date" and provides the original notarized document to
the Purchasing Department and a copy of the executed,
notarized form to the Housing and Urban Improvement
Department.
5) Contractor, Homeowner, and all Inspector(s) complete and
sign form entitled "Form T, Disbursement Authorization."
6) Contractor submits copies of receipts for all materials
purchased with program/loan fimds to the Housing and
Urban Improvement Department with the request for
Words underlined are additions, words "-'~'- '~ ..... ~-
............ ~.. are deletions. 44
ATTACHMENT A
progress payment and "Form T, Disbursement
Authorization."
7) Housing and Urban Improvement Department shall forward
Contractor's invoice, copies of all receipts for purchased
materials, "Form T, Disbursement Authorization", and
other appropriate documents to the Collier County Clerk's
Finance Department.
8) Collier County Clerk's Finance Department shall process
payment to contractor for the invoice amount and for any
additional work authorized through Change Order by the
Program Administrator.
a. No payment shall be made for any work not
specifically authorized by the Program
Administrator, either by contract or by change
order.
9) Contractor is responsible for providing payment to any and
all sub-contractors performing rehabilitation work on
dwelling units and property.
Program Participant Files
1. Copies of every form and copies of all receipts used in the Contractor
payment process shall be kept as a part of each individual homeowner's
program file.
Change Order Contingency
1. Each rehabilitation loan will include a contingency reserve fund which, as
a general rule, will be based on ten (10%) percent of the cost of the
rehabilitation contract.
a) Contingency requirements may vary when such requirements are
mandated by a specific funding source.
Words underlined are additions, words ~'""~- '~ ..... *'
............ ~. are deletions. 45
ATTACHMENT A
IX.
2. Any work completed pursuant to an approved change order that incurs
additional costs will be deducted from this ten (10%) percent contingency
reserve.
3. Contingency funds must be expended to attain the final dollar amount of
the Second Mortgage and the Promissory Note.
Disaster Waiver
A. In the event of a natural disaster, program guidelines regarding pre-qualification
of participating contractors may be waived in order to expedite needed repairs and
improvement to damaged properties.
B. Any dollar expenditure cap in effect for any state or federal program that provides
funds used in the Collier County Rehabilitation Program may be waived or
increased where the governor of the State of Florida, or the Executive Officer of
any state or federal agency issues an Executive Order, or other such directive,
waiving or increasing said cap.
C. All Collier County Residential Rehabilitation Program requirements for
documentation by contractors of material purchases and estimated labor costs
shall remain in effect.
h: hg/hfa/nfisc/1999/ential Rehab. Policy Guidelines. 1-6-99
Words underlined are additions, words ~..,t..~ ..... ~.
............ ~.. are deletions. 46
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-12
Which was adopted by the Board of County Commissioners on the
23rd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of February,
1999.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
By: Lisa Steele,~
Deputy Clerk