Item #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