Sec. 114-71. - Introduction.

The purpose of this policy is to establish administrative procedures and program guidelines for housing in Collier County which is eligible for rehabilitation and is owned and occupied by very low- and low-income persons and families. The standard definition for both "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 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families" while a very low-income family is "a family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD …"

Very low- and low-income persons are also defined in Collier County Ordinance No. 93-19, The Local Housing Assistance Program as follows:

(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 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. …"

(2)

Very low-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross income that does not exceed 50 percent of the median annual adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the county, whichever is greater. …"

Income data for the Naples Metropolitan Statistical Area are supplied by the U.S. Department of Housing and Urban Development (HUD), and apply to all of Collier County. The definition for "annual income" is found in 24 CFR, Section 813.106.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99)

Sec. 114-72. - Administration.

(a)

This program shall be administered by the Collier County Operational Support and Housing Department (OSH), hereinafter referred to as "department."

(b)

The department shall be responsible for:

(1)

Identifying potential program participants.

a.

Potential participants for the program will be identified through the following activities:

1.

The department will advertise in a publication of general circulation in the county announcing the program and the availability of funds for rehabilitation services.

2.

The department will contact local non-profit, community-based organizations in the county through outreach activities to locate potentially program participants.

i.

Collier County Ordinance No. 93-19 defines community-based organization as "…a non-profit organization that has among its purposes the provision of affordable housing to persons who have special needs or very low-income persons, low-income persons, or moderate-income persons within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR, Part 92.2 and a community development corporation created pursuant to F.S. Ch. 290, are examples of community-based organizations."

3.

The Collier County Code Enforcement Department can refer potential clients that have been cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended, to the department. The 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 set forth below.

(2)

Applicant eligibility criteria.

a.

All applicants in this program must have fee simple ownership of the single-family dwelling unit for which residential rehabilitation services are requested.

1.

Where there are co-owners for a property, each co-owner is required to participate in the application process, the income eligibility determination process which includes household income and asset certification and third party verification, and the secondary mortgage/lien application and closing process.

b.

Accepting and processing applications for rehabilitation services:

1.

All potential participants must complete the program application entitled "application for housing assistance."

2.

The application form shall be used to document the general information regarding the potential participant which will include, but not be limited to, ownership status, number of residents living in the housing unit, previous residences, employment history, and all financial assets owned by the households.

3.

The application must be signed by all parties with an ownership interest in the property.

4.

The application for housing assistance shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

c.

All potential participants must sign the "residential rehabilitation applicant income certification."

1.

S.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file.

2.

Documentation of income sources for each household resident or other immediate family member over 18 years of age must be provided for the last 12-month period preceding the date of the application.

3.

Adequate documentation may include, but not be limited to, the most recent year's federal income tax return.

4.

Failure to disclose and report all sources of household and family income during this process will result in disqualification for a residential rehabilitation loan.

5.

The S.H.I.P. income certification shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

6.

For purposes of this program, assets shall include, but not be limited to, real property other than the property to be rehabilitated under this program, savings, stocks, bonds and other forms of capital investment, excluding interests in Indian trust land and equity in a housing cooperative unit.

d.

All potential participants must provide adequate information so that a current "third-party verification of employment form" can be completed in a timely manner by their employer.

1.

Potential participants must complete and sign the form's authorization portion. Applicants must provide their employer's name, address, phone number and contact information.

2.

Employer must complete the third party verification of employment information form, and sign the document, and return the document by mail or fax to the department.

3.

Applications will not be considered complete until the verification of employment form has been signed and delivered to the department.

i.

Third party verification of employment Information forms returned to the department by potential participants will not be accepted for use in the program.

4.

The third party verification of employment form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

e.

Where a potential program participant is unemployed at the time that application is made to participate in the Collier County Residential Rehabilitation Program, the form entitled "unemployed affidavit" shall be completed, signed, and notarized by the applicant.

1.

If an individual becomes employed during the course of the program application process, the individual must report said employment to the department within ten working days, excluding holidays and weekends, and complete a new third party verification of employment form, referred to above.

2.

The unemployed affidavit shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

f.

If potential participants or any member of the household is receiving any form of public assistance, the form entitled "third party verification of benefits" must be completed as part of the application process.

1.

The total amount of public assistance that is provided to each individual residing in the household must be documented on the third-party verification of benefits form.

2.

The "verification of benefits" form must include all sources of public assistance funds for all household members.

3.

The verification of benefits form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

g.

Other verification forms may be developed and used from time to time by the department in the course of the program in order to obtain third party verification of all sources of income and verification of all assets claimed by an applicant or other household resident and/or member making application to the program, to include, Social Security, Unemployment Benefits, Veteran Benefits, Worker's Compensation, State and Private Retirement Benefits, annuities, disability or death benefits, and severance payments.

1.

Refusal by an applicant to provide information to the department regarding sources for third party verifications for income and assets shall be considered sufficient grounds for a negative determination of program eligibility.

(3)

Applicant eligibility determination.

a.

The department will maintain a program file for each prospective program participant that will contain all related participant applications, verifications, references, credit histories, and other related documents.

b.

Applicant eligibility determination shall include a review of each applicant's mortgage payment history for a 12-month period.

1.

Each applicant and co-applicant must sign an "authorization for the release of information" form.

2.

Use of this form is restricted to the Department, its grantors, or a participating local financial institution, as required and permitted by law.

3.

The authorization for the release of information form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

c.

Applicant eligibility determination shall include verification of applicant's ownership of the property to be rehabilitated and disclosure of mortgages to lending institutions.

1.

Where an applicant owns title to the property to be rehabilitated, applicant shall provide a copy of the property deed to the department.

i.

The 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.

ii.

Where no such public record exists, it shall be contingent upon the applicant to demonstrate ownership of the property for which application is being made.

2.

All applicants must provide adequate information so that the "verification of mortgage or deed of trust" form can be completed by any lending institution holding a note on the property to be rehabilitated.

3.

Applicants must complete Part I, applicant information and Part II, lender information, which includes the name and address of any lending institution holding a note on the property to be rehabilitated.

i.

If no lending institution holds a mortgage, applicant must designate such information on, the verification of mortgage or deed of trust form.

4.

If applicable, the lending institution must complete Part III, mortgage information, and return the signed document to the department.

i.

If applicable, the department shall provide an addressed envelope to be utilized by the lending institution to return or via fax to the OSH fax number the verification of mortgage or deed of trust form to the department.

ii.

Completed verification of mortgage or deed of trust, Part III forms that are delivered to the department by program applicants will not be accepted for use in the residential rehabilitation program.

5.

The verification of mortgage or deed of trust will be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

d.

Each applicant must meet the following criteria:

1.

Homeowners must have made 12 monthly mortgage payments on their current homestead property to qualify under this program.

2.

Rehabilitation including construction and emergency repair of affordable housing qualifies under the program. For purposes of this section, rehabilitation means repairs or improvements which are needed for safe and/or sanitary habitation, correction of code violations, or addition of handicapped accessible items.

3.

Loans are limited to a maximum of $15,000.00 per household.

4.

Mortgages on the property must be current for the most recent 12-month period.

5.

The properties must have a homestead exemption through the Collier County Property Appraiser's Office.

e.

Each potential participant shall be sent a letter from the Department notifying them whether they meet the eligibility criteria established herein.

1.

In cases where a potential participant is determined to be ineligible, the reasons for this determination shall be set forth in the notification letter to the potential participant(s).

i.

Any such negative determination of eligibility shall be mailed to the applicant within three days of such determination.

2.

Potential participants who have been determined to be ineligible shall be given the opportunity to correct or explain in greater detail any information that resulted in, or affected the negative eligibility determination made by the department.

3.

The department director or his/her designee shall have the authority to make a final determination regarding an applicant's compliance with the requirements for third party verification.

4.

The department director or his/her designee shall have the final decision-making authority regarding a determination of eligibility or non-eligibility for participation in the Collier County Residential Rehabilitation Program.

5.

Such determination shall be kept as a permanent part of the applicant's program file.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-73. - Determination of corrective action.

(a)

[Generally.] Determination of corrective actions by a Rehab Specialist may occur pursuant to this section 114-73 after an application to the Collier County Rehabilitation Program has been submitted by an individual homeowner.

(1)

Determination of corrective actions may be conducted prior to an applicant's receiving a final determination of eligibility from department.

(b)

Inspection.

(1)

The Collier County Rehab Specialist will conduct and complete the initial inspection of a dwelling unit under this program within ten working days of notification of a homeowner's participation in the Collier County Residential Rehabilitation Program by the department.

a.

Initial inspection will determine if there are deficiencies under HUD housing quality standards (HQS).

b.

Collier County will document the results of the initial inspection on the HQS standards form.

1.

The HQS standards form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

c.

Collier County shall identify and prioritize the rehabilitation scope on the "inspection report" completed for each dwelling unit so that rehabilitation services can be directed at elimination of any pressing and immediate safety and/or health concern.

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 rehab specialist, in consultation with the homeowner, to determine and prioritize rehabilitation services beyond immediate health and/or safety concerns which are identified and prioritized by the HQS inspection report.

d.

The signed and completed HQS inspection report will provide the basis for contractors to complete the form "Collier County Residential Rehabilitation Program Bid Specs."

(c)

Contractor's initial inspection.

(1)

The contractors selected by the owner of the property shall conduct a professional inspection of any eligible dwelling unit as determined on the HQS and the Collier County Residential Rehabilitation Program bid specs.

a.

Any such rehabilitation work that may go beyond the minimum requirements of the Florida Building Code shall be documented and noted on the work write-up form by the inspecting contractor.

b.

The contractor shall document estimated material requirements and unit labor costs for installation of materials on the work write-up form.

1.

The work write-up form shall include any estimates of cost for the materials and work that must be completed to correct all county and/or city housing code deficiencies found during the initial inspection.

2.

The Collier County Residential Rehabilitation Program bid specs 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 Collier County Residential Rehabilitation Program bid specs will serve as the basis for bids from contractors 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 Collier County Residential Rehabilitation Program bid specs will be provided to the homeowner and the department within ten working days of the completion of the inspection by contractor.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-74. - Contractor selection.

(a)

Solicitation of contractors by owner.

(1)

The owner must solicit bids from at least three contractors and/or subcontractors.

(2)

The owner may select a contractor after the county receives the following documents:

a.

Copy of the bids;

b.

County and/or city occupational licenses;

c.

Current certificates of insurance with coverage for:

1.

Current liability insurance;

2.

Current workmen's compensation;

3.

Current business auto liability.

(3)

The contractor is an independent contractor and shall not be deemed an agent, employee or partner of the county.

(b)

Administration of residential rehabilitation.

(1)

A copy of the bid document submitted by the contractor who is awarded the contract for an individual dwelling unit shall be provided to the county clerk finance department to ensure that payments made to contractors reflect costs included in the bid.

(2)

Notice to proceed.

a.

The awardee will receive a notice to proceed when:

1.

The homeowner has executed and recorded the second mortgage.

2.

The homeowner has executed the promissory note.

3.

The homeowner has signed "contract C-3, performance agreement" with Collier County.

b.

The official notice to proceed will be issued in a formal letter from the department.

c.

A supplemental proceed order will be issued to the contractor through the department on the contractor's awards letter.

d.

The contractor's award letter shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

(3)

Notice of commencement.

a.

Notice of commencement must be filed by contractor pursuant to the requirements of Chapter 713, Florida Statutes, for each dwelling unit receiving rehabilitation services under the Collier County Residential Rehabilitation Program.

b.

Collier County Board of County Commissioners shall be named on the notice of commencement as "lender."

c.

The 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 F.S. § 713.13(1)(a)7.

d.

Collier County Clerk Finance Department shall be named on the notice of commencement under "8. In addition to himself, Owner designates…to receive a copy of Lienor's notice" as provided in F.S. § 713.131(1)(b).

(c)

Monitoring for rehabilitation/emergency home repair.

(1)

Information regarding the nature of the work to be performed will be obtained through the use of preliminary building inspections required by the department. A copy of said inspection will be maintained in the owner's permanent file. Health and safety housing code violations will be given priority by the contractors over any cosmetic rehabilitation.

(2)

The owner will be responsible for the selection of the licensed contractor who will perform the repair work. The selected contractor must supply a detailed bid specification to the owner containing an itemized listing of material and labor costs. This bid specification is to be approved by the owner and a representative of the department prior to the commencement of rehabilitation. A copy of the approved bid specification will be maintained in the owner's permanent file. The monitoring of the work will be the responsibility of the owner. Contractual agreements will be executed between the owner and the contractor. The department will maintain a copy of the signed contract to be kept in the owner's permanent file.

(3)

All work performed by contractor(s) and its subcontractor(s) shall be in accordance with:

a.

The inspection report completed and submitted by the Collier County Rehab Specialist.

b.

Bid documents submitted by the contractor on the bid specification and any supplemental plans submitted in conjunction with this form.

(4)

All work performed by any contractor(s) and their subcontractor(s) must conform to the requirements of:

a.

Florida Building Codes and Collier County Housing Code, Ordinance No. 89-06, as amended; and

b.

All construction industry codes referred to in the above referenced county and city codes, as amended.

(d)

Required documentation for rehabilitation/emergency home repair. The following documents are required of all eligible households for repair loans:

(1)

Rehabilitation/emergency home repair bid specification. All work that is to be performed must be listed on this form detailing labor and material costs. This form must be delivered to a representative of the department prior to the commencement of any repair work. A signed copy will be provided to the owner and to the finance departments. Loans granted under this program, but are limited to a maximum of $15,000.00 per household.

(2)

Final inspection. A copy of the signed final inspection will be maintained in the owner's permanent file. A copy of the final inspection will be provided to the department of finance.

(3)

Promissory note. This note will be used specifically for the loans granted under the rehabilitation/emergency home repair program. A copy of the note will be maintained in the owner's permanent file, and will also be sent to the department of finance. The original, executed note will be kept on file in the department.

(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. 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 department.

(5)

Waiver of lien. Upon completion of the repair work, the contractor will be required to execute a waiver of lien. No payments shall be disbursed until the department receives the waiver of lien, a satisfactory inspection report and the itemized contractor's invoice.

(Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-75. - 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) 114-72(b) and (c), above.

(b)

Applicant(s)/homeowner(s) is/are responsible for reporting any change of income to the department within ten 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 "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 the second mortgage and the promissory note.

(c)

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 the second mortgage or on a substantially similar document that has been approved by the Collier County Office of the County Attorney.

(2)

Lenders may include, but not be limited to, Collier County Board of County Commissioners or any registered financial institution operating under the Laws of Florida in Collier County, Florida.

(3)

The second mortgage shall set forth the obligations of the borrower(s), lender(s), mortgagor(s), and mortgagee(s) and shall include, but not be limited to, the following uniform covenants:

a.

Payment of principal and interest; prepayment and late charges;

b.

Funds for taxes and insurance;

c.

Application of payments;

d.

Charges; liens;

e.

Hazard or property insurance;

f.

Occupancy, preservation, maintenance and protection of the property; borrower's loan application, leaseholds;

g.

Protection of lender's rights in the program;

h.

Mortgage insurance;

i.

Inspection;

j.

Condemnation;

k.

Borrower not released, forbearance by lender not a waiver;

l.

Successor's and assigns bound; joint and several liability co-signers;

m.

Loan charges;

n.

Notices;

o.

Governing law; severability;

p.

Borrower's copy;

q.

Transfer of the property or a beneficial interest in borrower;

r.

Borrower's right to reinstate;

s.

Sale of note; change of loan service;

t.

Hazardous substances;

u.

Acceleration; remedies;

v.

Release;

w.

Attorney's fees;

x.

Rider's to the security instrument.

(4)

Mortgage dollar amount(s) shall be limited by and shall not exceed:

a.

Program guidelines as established by program grantors;

b.

Bids for rehabilitation services as submitted by participating contractors.

(5)

Mortgage funds shall be disbursed pursuant to the terms of the promissory note and/or "contract C-3, performance agreement."

(6)

The second mortgage shall be recorded with the office of the collier county clerk of courts upon closing of the rehabilitation loan with the department and the homeowner.

(7)

Upon closing, the department will cover the costs of recordation of the mortgage instrument with the Collier County Clerk of Courts and documentary stamp tax.

(8)

No payment or disbursement of loan funds will be made or processed for the program participant/homeowner or the contractor until the department receives a certified copy of the recorded second mortgage document.

(9)

A copy of the second mortgage shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

(d)

Program participants must execute a promissory note as a security instrument and promise to repay the second mortgage at the time that title to the property transfers to an individual or individuals other than borrower(s), or in accordance with the terms of the second mortgage.

(1)

The promissory note must be executed on the promissory note or on a substantially similar document that has been approved by the Collier County Office of the County Attorney.

(2)

The promissory note sets forth the obligations of the borrower, the lender, and the noteholder and shall include, but not be limited to, the following elements:

a.

Borrower's promise to pay;

b.

Interest;

c.

Payments;

d.

Borrower's right to repay;

e.

Loan charges;

f.

Subordination;

g.

Borrower's failure to pay as requested;

h.

Obligations of persons under this note;

i.

Waivers;

j.

Uniform secured note.

(3)

Homeowner must provide the department with a copy of the document within three working days of signing by all involved parties.

(4)

No payment or advance of loan funds will be made or processed for the program participant/homeowner or the contractor until the department receives a copy of the promissory note from the homeowner.

(5)

A copy of the promissory note shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Residential Rehabilitation Program.

(e)

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 not transferable;

c.

That eligible dwelling units be occupied by the program participant prior to and after completion of rehabilitation work to the dwelling unit;

d.

That several funding sources may be used to provide services under this program, and which programs may have different requirements regarding location of eligible dwelling units and use of funds;

e.

That the eligible dwelling unit must comply with the requirements of the Florida Building Code;

f.

That no owner, co-owner or relative of an owner or co-owner shall serve as a contractor or sub-contractor for the rehabilitation of the subject property, nor shall an owner, co-owner, or relative receive any compensation for their labor with any program funds:

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 Rehab Specialist and that no changes to bid work will be paid for with loan funds where there has not been express written prior approval by the department director or his/her designee on the form entitled "residential rehabilitation program change order."

h.

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.

i.

That contractor is responsible for acquiring any and all permits and approvals to perform work under this program and must provide evidence of permits where requested, by program personnel, including but not limited to inspectors.

j.

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.

k.

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.

l.

Liability for payment for any work performed by the contractor which does not conform to the work write-up where express written approval has not been given by the department and the owner shall be the sole responsibility of contractor.

m.

That program funds for rehabilitation shall be loaned to owner at zero percent interest and payment of the principal amount shall be forgiven at a rate of 33.3 percent every five years until the balance is zero, or deferred until such time that title to the property transfers to an entity other than the owner or they refinance their first mortgage.

n.

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.

o.

That the maximum amount of the loan shall be the actual amount paid to the contractor, or $15,000.00, whichever is less. If the source of funding permits, the maximum amount of the loan may be extended to $15,000.00.

p.

That if the residence or property is historically significant:

1.

Improvements must be consistent with those approved by the Florida Department of State in accordance with the most current revision of "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings," and

2.

Improvements must comply with the Collier County Historic/Archaeological Preservation Ordinance, Ordinance No. 91-70.

q.

That the performance agreement shall be enforced by Collier County through injunctive or any other legal remedy.

(2)

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.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-76. - Inspection(s) of rehabilitation work.

(a)

Interim inspections.

(1)

Contractors are responsible for arranging interim inspections with appropriate county or city departments.

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.

(2)

Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the completed, signed inspection form will be provided to the department within three working days of completing each inspection.

a.

Each inspection form shall be maintained as a permanent part of each program participant's file.

(b)

Final inspections.

(1)

Contractors are responsible for arranging final inspections with appropriate county or city inspection departments.

(2)

Copies of inspection forms shall be signed by each individual performing an inspection and a copy of the completed, signed inspection form will be provided to the homeowner and to the department within three working days of completion of any final inspection.

a.

Each inspection form shall be maintained as a permanent part of each program participant's file.

(3)

The Collier County Rehab Specialist shall be vested with the authority to make a final determination of conformance to code requirements for all code related rehabilitation work performed under this program.

(4)

All rehabilitation work performed under the Collier County Residential Rehabilitation Program must conform to the requirements of the Collier County Operational Support & Housing Material Specifications if applicable, as well as general industry work quality standards for such work, in order to pass inspection(s) and be reimbursed under this program.

(5)

The department director or his/her designee shall be vested with the authority to make a final determination of work completeness and work quality in the event that there is disagreement among any of the parties.

(6)

Such inspections may address, but are not limited to:

(a)

Inspections prior to mediation between the homeowner and contractor, when needed;

(b)

Inspections to determine extent of work progress prior to approval for final payment to contractor;

(c)

Inspection to determine if all receipted, purchased materials have been installed;

(d)

Inspection to obtain homeowner final sign-off and approval for final payment to contractor.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-77. - Methods of payment for rehabilitation work performed.

(a)

Performance bonds.

(1)

No performance bond shall be required to be posted by a contractor selected by owner under this program.

(b)

Methods of payment for work performed.

(1)

There are two methods by which contractors may be paid for services rendered under this program:

a.

One time payment for services:

1.

Contractor submits an invoice to the department.

2.

Payment to contractor is contingent on submission of the final inspection report by the rehab specialist to the department and final inspection by appropriate personnel, and must be accompanied by:

i.

Affidavit from contractor stating that subcontractors and material suppliers have been paid for the particular job and dwelling unit for which the contractor is submitting a request for payment to Collier County.

a)

Contractor(s) must submit final, notarized waiver of lien to date.

b)

Final inspections will not be conducted until such time that final, notarized originals of waiver of lien to date have been submitted to department for all subcontractors performing rehabilitation work on the dwelling unit to be inspected.

c)

Final inspections will not be conducted until such time that final, notarized originals of waiver of lien to date have been submitted to the department for all material vendors providing materials for the dwelling unit to be inspected.

ii.

In the alternative, upon submission of invoices or other documentation from contractor and a written notarized statement from contractor that materials have been supplied and services rendered which are satisfactory to contractor, payment shall be processed.

iii.

Final inspection of all rehabilitation work shall be conducted by the department and personnel from applicable city departments or divisions.

iv.

The homeowner, and the department director or his/her designee complete and sign form entitled "disbursement authorization."

v.

Contractor executes form entitled "waiver of lien to date" and provides the original notarized document to the purchasing department and a copy of the executed form to the department.

3.

Collier County Clerk's Finance Department shall process payment to contractor for the contract amount and for any additional work authorized and documented on the change order by the department director or his/her designee.

4.

Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property.

b.

Progress payments.

1.

All requests for progress payments must be submitted on the form entitled "disbursement authorization."

2.

Interim inspection of all rehabilitation work shall be conducted by the department and the rehab specialist.

3.

Contractor executes form entitled "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 department.

4.

The homeowner, and department director or his/her designee complete and sign form entitled "disbursement authorization."

5.

The department shall forward contractor's invoice, "disbursement authorization," and other appropriate documents to the Collier County Clerk's Finance Department.

6.

Collier County Clerk's Finance Department shall process payment to contractor for the invoice amount and for any additional work authorized through change order by the department director or his/her designee.

i.

No payment shall be made for any work not specifically authorized by the department director or his/her designee, either by contract or by change order.

7.

Contractor is responsible for providing payment to any and all sub-contractors performing rehabilitation work on dwelling units and property.

(c)

Program 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.

(Ord. No. 94-39, § 3; Ord. No. 99-12, § 1, 2-23-99; Ord. No. 04-55, § 3; Ord. No. 2006-44, § 1)

Sec. 114-78. - Disaster waiver.

(a)

In the event of a natural disaster, program guidelines regarding pre-qualification of participating contractors may be waived in order to expedite needed repairs and improvement to damaged properties.

(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.

(Ord. No. 94-39, § 3; Ord. No. 2006-44, § 1)

Secs. 114-79—114-90. - Reserved.