2046 PBA Foreclosure Registration Program/Community ChampionsThursday, December 20, 2018
zliii;ii��!11 v 1� p!!!q1!!!!1p11!
To: '- City Clerk/Mayor
RE:
71
commuo�N cy-,(�"pori-s (orp
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
n Mayor's signature
❑
Final Plat (original mylars)
F] . Recording
❑
Letter of Credit
Rendering
F]
Maintenance Bond
Safe keeping (Vault)
F]
Ordinance
Deputy City Manager
El
Performance Bond
❑ Payment Bond
F]
Resolution
❑ City Manager Signature
EJ
❑ City Clerk Attest/Signature
❑ City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
Special Instructions:
U*o4vj 13oja4Lzqw
Date
SharePoint FinancePurchasingForms - 2018.doc
Foreclosure Prope!ty, Registration Program Services with Community
Champions, Corporation (Piggyback Contract)
The City of Sanford ("City") enters this "Piggyback" Contract with Community
Champions Corporation, a Florida corporation, formerly known as the Federal Property
Registration Corp., (hereinafter referred to as the "Vendor"), under the terms and
conditions hereinafter provided. The City and the Vendor agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts.
Pursuant to this procedure, the City is allowed to piggyback an existing government
contract, and there is no need to obtain formal or informal quotations, proposals or bids.
The parties agree that the Vendor has entered a contract with the City of Lakeland,
Florida, said contract being identified as the "Agreement Between The City Of Lakeland
And Federal Property Registration Corp.," relating to services being described in
Exhibit "A" referenced below; said original contract being referred to as the "original
government contract").
2. The original government contract is incorporated herein by reference and
is attached as Exhibit "A" to this contract. All of the terms and conditions set out in
the original government contract are fully binding on the parties and said terms and
conditions are incorporated herein.
3. Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of
the original government contract as applied to this Contract between the Vendor and the
City, as follows:
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A.
(b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A.
1
(c). Any other provisions of the original government contract that will be modified:
(state N/A if this is not applicable).
(1). Address change for the City: Notwithstanding the address and contact information
for the government entity as set out in the original government contract, the Vendor
agrees that he/she/it shall send notices, invoices and shall conduct all business with
the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
is Darrel Presley, Director Community Improvement, City of Sanford, Post Office Box
1788, 300 North Park Avenue; Sanford, Florida 32771-1778, telephone number (407-
688-5162) and whose e-mail address is: darrel.presley@sanfordfl.gov.
(2). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation
between the parties arising out of this Contract shall be in Seminole County, Florida in
the Court of appropriate jurisdiction. The law of Florida shall control any dispute
between the parties arising out of or related to this Contract, the performance thereof or
any products or services delivered pursuant to such Contract.
(3). Notwithstanding any other provision in the original government contract to the
contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-
binding mediation, negotiation or litigation in the court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their own legal fees with
respect to any dispute resolution, including litigation.
19
(4). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State, or local regulatory.
(d). All other provisions in the original government contract are fully binding on the
parties and will represent the agreement between the City and the Vendor.
qk
Entered this day of 2014.
Attest: Community Champions Corporation
By:
David Mut rY Thomas R. Darnj
1. 4 e.
,'a'q;' ,
Managing Director-----------_ Managing i
Attest.
CyntMia Porter, City Clerk
Approved as to form and legal sufficiency.
William L. Colbert City Attorney
9
Date:
City Of Sanford
By: I
Jeff Triplett,
Date: -i — L
RECEIVED
JUN 072013
AGREES BETWEEN THE CITY OF LAKELAND
AND FEDERAL PROPERTY REGISTRATION CORP. City Clerk's Office
This Agreement is made as of this 3rd day of June 2013 by and between Federal Property
Registration Corp., a Florida Corporation, with offices at 6767 N. Wickham Rd., Suite 500, Melbourne,
FL 32940 ("FPRC'), and the City of Lakeland, a Florida municipal corporation organized and existing in
accordance with the laws of the State of Florida, with an address at 228 South Massachusetts Avenue,
Lakeland, Florida 33801 ("City").
WITNESSETH;
- -- WTERBASybeeause-of-an overwhelming -number of mortgage -foreclosures -on -residential -and -
commercial properties that are in violation of the City of Lakeland Code of Ordinances, the care of
neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City
of Lakeland; 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 5352,
"Registration of Real Property in Foreclosure" on December 3, 2012 (the "Ordinance"); and
WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with FPRC
in order to provide services authorized pursuant to Ordinance , to register real property in default
(hereinafter "foreclosed property") so that the City can properly address violations of the City's property
maintenance codes.
WHEREAS, FPRC shall provide an electronic registration process to administer records and the
collection of fees pursuant to the Ordinance for foreclosed properties in the City of Lakeland.
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:
1. FPRC RESPONSIBILITIES.
A. Commencing on July 1, 2013, the effective date of the Ordinance as amended pursuant to Ordinance
5368, FPRC shall proactively contact those mortgagees thatfile a public notice of default, lis pendens,
foreclosure action, and or take title to real property via foreclosure or other any legal means, and will
provide copies of the Ordinance, as well as information regarding the website for electronic registration as
set forth herein.
.B. FPRC shall provide the means for electronic registration of foreclosed properties within the City.
FPRC agrees to provide a website for the registration of each foreclosed property to facilitate compliance
with the Ordinance. The website will direct registrants to the City's website and further direct registrants,
via a hyperlink, to www.VacantRegistrt+.com. The website at www.VacantRegisLy.com will enable
mortgagees and/or responsible parties as further identified in the City's Ordinance to register property to
comply with the requirements of said Ordinance.
C. FPRC shall pay for all expenses related to registration of all foreclosed property, and all
administrative costs and fees related thereto.
D. FPRC shall investigate, report, or take corrective measures monthly to update property status of all
foreclosed property electronically registered and in compliance with applicable City ordinances.
E. FPRC shall charge a fee of One Hundred dollars ($100.00) per registration to register all mortgagees
required to comply with Ordinance 5352 ("Registration Fee") or 50% of the Registration Fee set forth in
an annual Resolution adopted by the City Commission, whichever is greater. FPRC shall remit 50% of
—_. -the-Registration-Fee-ofeach-collected-Registration Fee -to -the -City in eensideratien-oMe-services-..__..... -.- -- -
provided. FPRC 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.
F. FPRC shall meet all applicable City website link terms/conditions and all applicable City IT security,
and anti-viral requirements.
2. INDEMNIFICATION AND HOLD HARMLESS.
A. For all services performed pursuant to this Agreement, FPRC shall indemnify and hold harmless and
defend the City, its officers, elected and appointed officials, agents, servants and employees from and
against all claims, losses, damages, personal injuries, demand or cause of action of whatsoever kind or
nature arising out of any error, omission, or negligent act of FPRC, its agents, servants, contractors 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 FPRC 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 ofthe specifications with respect to the services to be provided by
FPRC. 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. FPRC will indemnify and hold City harmless for any
negligent acts of FPRC or for any violation of any intellectual property laws, contracts or statutes.
3. TERM. The term of this Agreement shall be for a period of one (1) year commencing on June 3,
2013 {`Effective Date') and will continue through lune 2, 2014 unless otherwise terminated or canceled
as provided herein. The patties may mutually agree to renew this Agreement for four (4) additional 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 Patty with or without cause,
immediately upon thirty (30) calendar days prior written notice. Upon termination by City, FPRC shall
cease all work performed and forward to City any Registration Fees owed to the City in accordance with
the provisions set forth herein.
5. AGREEMENT 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 -
Exhibit "A" City Ordinance 5352, dated December 3, 2012; and
Ekhibit `B" City Ordinance 5368, dated March 18, 2013
6.-._ _--MSL NEEr1=P-li.-Cshall-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 City the protection contained in the foregoing indemnification undertaken by
FPRC.
A. Workers' Compensation Statutory limits with $100,000 Employers Liability.
B. Commercial General Liability insurance with limits of no less than $1,000,000. Bodily injury
shall include operations and premises liability, products and completed operations, owners, and
contractors 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 per occurrence.
D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than
$1,000,000 to assure City the indemnification specified herein.
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 FPRC executes this Agreement.
7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and files produced by
FPRC in connection with the services rendered pursuant to this Agreement shall be the property of the
City, and shall be provided to City upon request. FPRC shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in connection with
FPRC's endeavors.
In the event of termination of this Agreement, any reports, records, documents, forms, and other data and
documents prepared by FPRC whether finished or unfinished shall become the property of the City, and
3
shall be delivered by FPRC to the City Manager within seven (7) days of termination of this Agreement
by either party. Any compensation due to FPRC shall be withheld until all documents are received as
provided herein,
AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS.
A. City shall have the right to audit the books, records and accounts of FPRC that are related to this
Agreement, FPRC shall keep such book, records, and accounts as may be necessary in order to record
complete and coma entries related to this Agreement. FPRC 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 `t ie, for -a'*' iiinimum period of three (3) years ager ternamation oi`this
Agreement, unless FPRC 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 FPRC'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 FPRC's records, FPRC shall
comply with all requirements thereof, however, no confidentiality or non -disclosure requirement of either
federal or state law shall be violated by FPRC. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry.
Failure of FPRC to comply with the above audit and inspection rights and retention of records will
constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the
termination ofthis Agreement.
B. * In addition, FPRC shall respond to the reasonable inquiries of any successor companies and allow
and successor companies to receive working papers relating to matters of continuing significance. In
addition, FPRC shall provide a complete copy of all documents papers to the City, prior to any final
payment, in accordance with this Agreement.
9. INDEPENDENT CONTRACTOR This Agreement does not create an employeetemployer
relationship between the parties. It is the intent of the parties that FPRC 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.
FPRC shall retain sole and absolute discretion in the judgment of the manner and means of carrying out
FPRC`s activities and responsibilities hereunder. FPRC 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 FPRC and
the City and the City will not be liable for any obligation incurred by FPRC, 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, FPRC and the City designate the
following as the respective places for giving of notice:
CITY:
FPRC:
Attention: Brian Rewis
1104 Martin L. King Jr. Avenue
. _._.L r&lad;T'L-33805 .... �.._. ...
Telephone No. (863) 834-6258
Facsimile No. (863) 834-6266
Thomas R. Darnell, Vice President
6767 N. Wickham Road, Suite 500
Melbourne, FL 32940
Telephone No. (321) 421-6639
Facsimile No. (321) 396-7776
11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances, by FPRC without the prior written consent of City. For
purposes of this Agreement, any change of ownership of FPRC shall constitute an assignment which
requires City approval. However, 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. 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.
14. LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the City, county,
state, federal or other public agencies directly relating to the services being provided pursuant to this
Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, FPRC 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.
1 b . 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.
17. 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 farce and effect, and be
enforced to the fullest extent permitted by law.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. The
Parties irrevocably consent to jurisdiction and venue of the Courts of Polk County, Florida or the United
' States Di§Mbt Court in and for the Middle Distridt of Florida, Tampa Division in connection with any
action or proceeding arising out of or relating to this Agreement.
64�
19. ATTORNEY'S 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.
20. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between
the City and the FPRC 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
forst above written.
CITY OF LAKELAND,
Mayor
(Printed Name/Title)
ST:
ABC"
.00s, City Clerk
(Printed elTitle)
AS TO FORM AND CORRECTNESS:
Timothy J. McCausland
City Attorney
CORP.
CITY COMMISSION MEMORANDUM 14.127
JULY 14, 2014 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darrel Presley, Community Improvement Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Property Registration Fee Increase
SYNOPSIS:
WS RMj�`-'j`X
Item No. S", )
A resolution adjusting the fee for foreclosure propert}'registration has been prepared.
FISCAL/STAFFING STATEMENT:
This action will have a positive fiscal impact upon the City and more appropriately reflect the costs
of the administration of the property registration program of the City.
BACKGROUND:
In 2009 the City Commission enacted Ordinance 4157 (now codified as Sections 18-111 through
18-116 of the City Code) relating to vacant residential properties subject of foreclosure actions
which requires owners to register vacant and/or foreclosing residential properties within the City.
In 2009 the registration fee was set at $100 by Section 18-112 of the City Code).
In addition to the cost of additional code enforcement inspections, actions on foreclosed properties
are substantial. Due to staffing limitations it has become necessary to contract for these services.
The City can piggyback the City of Lakeland's contract with Federal Property Registration
Corporation (now known as Community Champions Corporation) which charges the City a fee
$100 per registration. These registration fees are paid by the mortgage holder. It is recommended
that the City increase the registration fee to $200 which would provide the City with the ability to
more proximately recoup the costs of the City's regulation program and include the costs of the
registration service contractor. The contract will be considered subsequent to the approval of the
Resolution.
LEGAL REVIEW:
Assistant City Attorney Lonnie Groot prepared the Resolution. Section 18-112 of the City Code
allows modification of the fee by approval of a Resolution by the City Commission.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve Resolution No. 2470 increasing the
property registration fee to $200.
SUGGESTED MOTION:
"I move to approve Resolution No. 2470 increasing the property registration fee to $200."
Attachment: Resolution No. 2014-2470
Resolution No. 2470
A resolution of the City of Sanford, Florida providing for an
adjustment in the fee relating to foreclosure property registration
pursuant to Section 18-112 of the City Code; providing for
implementing actions; providing for a savings provision; providing
for severability; providing for conflicts and providing for an effective
date.
Whereas, the City Commission of the City of Sanford desires to implement the
provisions of Section 18-112 of the City Code by adjusting the fee for foreclosure
property registration activities of the City; and
Whereas, the City of Sanford has concluded that all fees set forth herein are in
compliance with controlling State law; and
Whereas, the City of Sanford has complied with all requirements and procedures
of Florida law in processing and advertising this Resolution; and
Whereas, the City staff agenda memorandum relating to this Resolution is
adopted herein by this reference thereto as additional findings of the City Commission;
Ml
Whereas, the foregoing whereas clauses are hereby adopted as the legislative
findings of the City Commission
Now, therefore, be it resolved by the City Commission of the City of
Sanford, Florida, as follows:
Section 1. Foreclosure Property Registration Fee.
The foreclosure property registration fee established under the provisions of
Section 18-112 of the City Code is hereby established in the amount of $200.00.
11 Fage
Section 2. Implementing Administrative Actions.
The City Manager is hereby authorized to take any and all actions necessary to
implement the provisions of this Resolution. The City Clerk is hereby authorized to issue
instructions to the Municipal Code Corporation, pursuant to the provisions of Section 1-
10 of the City Code to modify the provisions of Section 18-112 of the City Code to
address the fee adjustment as set forth herein.
Section 3. Savings.
The prior actions of the City of Sanford relating to the City's implementation of its
foreclosure property registration program and any and all related activities are hereby
ratified and affirmed.
Section 4. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Effective Date.
This Resolution shall become effective immediately upon adoption.
Passed and adopted this 14th day of July, 2014.
Attest. City Commission of the City of
Sanford, Florida
Cynthia Porter, City Clerk Jeff Triplett, Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney