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HomeMy WebLinkAboutItem #13 Approval to Award the Continued Administration of the Abandoned Residential Property to Community Champions ocoee aorida AGENDA ITEM COVER SHEET Meeting Date: December 6, 2016 Item # _ /3 Reviewed By: 0 Contact Name: Lieutenant Mike Bryant Department Director/. Ch. a rown Contact Number: 407 905-3160 x3038 City Manager: Robert Subject: Recommendation to award the continued administration of the abandoned residential property to Community Champions. Background Summary: The City of Ocoee established an abandoned residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. These properties not only create code violations they also produce fire hazards, attract children, and the homeless. They are taken over by squatters and house criminal enterprises. These issues are compounded when the individual property ownership is being disputed and the property does not have up to date contact information. Without a registry the police and code enforcement are unable to prosecute or even trespass the individuals involved, leaving the properties to further neglect and the neighborhoods blighted. The Vacant Property Ordinance established a registration requirement for abandoned properties or properties in the process of foreclosure. This registry has provided a data base for police, fire and code enforcement personnel to utilize immediately to deter continued neglect of these properties and the negative effects they have on the community. Community Champions, once Federal Property Registration Corp., has been administering this registry for the City of Ocoee to include: records administration, providing internet website registration, fee payment, and fee collection, monthly financial and registration reporting, data tracking and status updates. To date Community Champions has remitted $253,700 to the City of Ocoee with no actual cost to the City. Issue: Should the Honorable Mayor and Board of City Commissioners continue the award to Community Champions; the registration process will be administered by Community Champions in exchange for a percentage of the fees collected. The administration of the registry will include: records administration, providing intemet website registration, fee payment, and fee collection, monthly financial and registration reporting, data tracking and status updates. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners award the continued administration of the abandoned residential property program to Community Champions. Attachments: Community Champions Contract Sole Source Letter Financial Impact: Revenues projected for FY16/17 are estimated at $60,500. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion 8 Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by Q N/A 2 PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP (PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) This Agreement is made as of this day of , 2016 by and between Property Registration Champions Corp (PRC), a Community Champions Company, a Florida Corporation, with offices at 2725 Center Place, Melbourne, FL 32940 ("PRC",) and Ocoee, a municipal corporation, with an address at 150 N. Lakeshore Dr., Ocoee, FL 34761 ("CITY"). WITNESSETH: WHEREAS, because of an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City of Ocoee Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Ocoee; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties; the CITY Commission adopted Ordinance 2012-017, the CITY'S Property Registration Ordinance ("Ordinance"); and WHEREAS, pursuant to the Ordinance the CITY desires to enter into this Agreement with PRC in order to provide services authorized pursuant to the Ordinance 2012-017, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the CITY's property maintenance codes (hereinafter "foreclosed property"). WHEREAS, PRC will also provide an electronic registration process that is cost-free and revenue-generating for the CITY. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: I. PRC RESPONSIBILITIES. A. PRC will cite the CITY's Ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means. PRC will electronically provide for registration of foreclosed properties in violation of applicable CITY ordinances. B. PRC will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto. PRC will investigate, report, or take corrective measures monthly to update property status of all foreclosed • PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP(PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) property electronically registered and in compliance with the relevant CITY ordinances. C. PRC will charge a fee as directed by the CITY to each Registrant to register all mortgagees who comply with the Ordinance ("Registration Fee"). PRC shall retain $100 of each collected registration fee and remit the balance to the CITY in consideration of the services provided. PRC shall forward payment of the CITY's portion of the registration fee to the CITY's Finance Department no later than the 15th day of the following month during the term of this Agreement. D. PRC agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the CITY's ordinances. The website will direct registrants to the CITY's website, and further direct traffic, via a hyperlink, to www.proCHAMPS.com. The website found at www.proCHAMPS.com will automatically allow lenders and/or responsible parties to comply with the CITY's Property Registration Codes. E. PRC, will execute the CITY's website Link agreement and meet all CITY IT security, and anti-viral requirements. F. PRC's responsibilities will commence on the effective date of this agreement. 2. Indemnification: A. PRC shall indemnify and save harmless and defend the CITY , its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of PRC, its agents, servants or employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by PRC and requires a specific consideration be given therefore. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by PRC. Furthermore,the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. PRC will indemnify and hold PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP (PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) CITY harmless for any negligent acts of PRC or for any violation of any intellectual property laws, contracts or statutes. 3. EFFECTIVE DATE and TERM. The effective date of this Agreement is the date signed. This Agreement will terminate two (2) years from the effective date. In addition, the parties may agree to renew this Agreement for an additional (3) three- one (1) year term(s) through the execution of a written amendment to this Agreement signed by both parties. 4. TERMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar day's written notice. Upon termination by CITY, PRC shall cease all work performed and forward to CITY any Registration Fees owed to the CITY. 5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by reference: A. CITY Ordinance 2012-017, dated: November 6,2012; 6. INSURANCE. PRC shall provide and maintain in force at all times during the Agreement with the CITY , such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to Placentia the protection contained in the foregoing indemnification undertaken by PRC. A. Workers' Compensation Statutory limits with $100,000 Employers Liability. B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners, and contractor's protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership with limits of not less than$1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure Cfl'Y the indemnification specified herein. PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP(PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) E. A Certificate of Insurance acceptable to the CITY shall be provided listing the above coverages and providing 30 days prior written notice to the CITY in the case of cancellation. The CITY shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional. Liability Policies with a waiver of subrogation on the Workers' Compensation Employer's Liability Policy. A copy of the certificate shall be mailed to the CITY's Risk Management Department at the time PRC executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS. All information collected by PRC from registering parties in connection with the registration of a property pursuant to this Agreement shall be the property of the CITY, and shall be provided to CITY upon request. PRC shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PRC's endeavors. 8. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS. A. CITY shall have the right to audit the books, records and accounts of PRC that are related to this Agreement. PRC shall keep, in digital or hard copy format, whichever format PRC so chooses, such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. PRC shall preserve and make available, at reasonable times for examination and audit by the CITY , all financial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless PRC is notified in writing by the CITY of the need to extend the retention period. Such retention of such records and documents shall be at PRC's expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the CITY to be applicable to PRC's records, PRC shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by PRC. B. In addition, for a period of 6 (six) months following the termination of this agreement, PRC shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive information in PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP(PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) digital or hard copy format, whichever format PRC so chooses, relating to matters of continuing significance. 9. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that PRC is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. PRC shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PAC's activities and responsibilities hereunder. PRC agrees that it is a separate and independent enterprise from the CITY , that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between PRC and the CITY and the CITY will not be liable for any obligation incurred by PRC, including but not limited to unpaid minimum wages and/or overtime premiums. 10.NOTICES. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, PRC and the CITY designate the following as the respective places for giving of notice: CITY: Attention: CITY Manager Copy To: PRC: David Mulberry, President/CEO 2725 Center Place Melbourne, FL 32940 Telephone No. (321)421-6639 PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP(PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) Facsimile No. (321) 396-7776 11. ASSIGNMENT. For purposes of this Agreement, any change of ownership of PRC shall constitute an assignment which requires PRC to notify CITY in advance. This Agreement shall run to the CITY and its successors and assigns. 12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. CITY acknowledges prior to this agreement registering properties governed by the original ordinance. On a date, agreed upon by PRC, prior to the effective date of this Agreement, the CITY will provide PRC a digital file, in format agreeable to PRC, containing all of the information of all properties registered by the CITY. All registrations and fees received by the CITY during the period from the data delivery date to the effective date will be submitted to PRC and considered registrations by PRC under the terms of this Agreement. If the CITY is unable to provide the agreed upon digital file then the CITY will provide PRC all property registration information, including but not limited to registration forms, to PRC for manual entry into the PRC database. If manual entry of this information is required of PRC the CITY agrees to compensate PRC $5.00 per property. Any data entry compensation due PRC will be withheld from future registration fees due the CITY per this Agreement. 14. BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15. LAWS AND ORDINANCES. PRC shall observe all laws and ordinances of the CITY, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 16. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, PRC shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 17. WAIVER. Any failure by CITY to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and CITY may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. PROPOSED AGREEMENT BETWEEN THE CITY OF OCOEE AND PROPERTY REGISTRATION CHAMPIONS CORP(PRC), A COMMUNITY CHAMPIONS COMPANY (EXISTING ORDINANCE) 18. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Brevard County, Florida. 20. ATTORNEYS FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and appellate levels. 21. ENTIRE AGREEMENT. This Agreement represents the' entire and integrated agreement between the CITY and the PRC and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. Date: [Printed name of Representative, City of Ocoee] Date: [Printed name of Officer] Property Registration Champions Corp (PRC), a Community Champions Company 2725 Center Place Suite 500 Melbourne, FL 32940 Cammun • e CHAMPION September 30, 2016 To Whom It May Concern: This letter is written in accordance with the requirements of Florida Statute, Title XIX, Chapter 287, Procurement of Personal Property and Services. Section 287.057(3)(c) ("Florida Statute"), confirming that to the best of our knowledge Community Champions Corporation is the sole provider of the property registration program services that includes, but is not limited to, the identification, notification and enforcement of property registration compliance ("Program") in conjunction with Local Government Ordinances and policy as established. Please accept this letter as a formal request to make this purchase a single-source purchase contract and as justification we provide the following information. 1. Contracting Organization: The contracting organization responsible for this action is Property Registration Champions Corp(PRC), a Florida Corporation and a Community Champions Company ("PRC"). 2. Description of Services: The purpose of this contract is to establish a process to limit and reduce the risk and deterioration of property located within the community, which property is in mortgage foreclosure, where ownership has been transferred to a lender and/or mortgagee by any legal method or where property is deemed to be vacant or abandoned. This contract further intends to establish a proactive registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance or through abandoned and/or vacated properties which are subject to mortgages that are in default. 3. Authority: The authority permitting the sole sourcing of services is Florida Statute, Title XIX. Chapter 287, Procurement of Personal Property and Services,Section 287.057(3)(c). 4. Applicability of Authority:Community Champions is the only qualified source that can provide the Program inaccordance with Florida Statute and Local Government Ordinances.The Program isthe only service that will meet the needs of the community and this service is only available through one (1)source which is Community Champions.Failure to award this contract to Community Champions will leave the community without the required services. It is in the best interest of the community that this contract be awarded to Community Champions. 5. .Technical Requirements / Personnel Certification: We hereby certify that any and all technical requirements and certifications are accurate. 6. Contracting Officers Certification:I hereby certify to the best of my knowledge this justifications accurate and complete. rely, David Mulberry CEO/President