HomeMy WebLinkAbout75I - PH - FORECLOSED FEEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
TITLE:
PUBLIC HEARING - ADOPT A RESOLUTION
AMENDING THE FEE FOR THE
REGISTRATION OF FORECLOSED
PROPERTIES TO INCLUDE FEE FOR
CONSULTANT COSTS FOR SERVICES AND
ENTERING INTO AN AGREEMENT WITH
PROPERTY REGISTRATION CHAMPIONS
LLC TO ADMINISTER FORECLOSURE
COLLECTION PROGRAM
(STRATEGIC PLAN NO. 5,4)
E WiY4 1
C MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 7s' Reading
❑ Ordinance on 2o° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution amending the fee for the registration of foreclosed and abandoned
properties to include fee for the consultant's costs for services associated with the program.
2. Authorize the City Manager and the Clerk of the Council to execute a two-year agreement
with Property Registration Champions LLC for the administration and collection of the City-
wide Foreclosure Program, subject to non -substantive changes approved by the City
Manager and City Attorney.
On October 3, 2017, the City Council adopted an ordinance for the registration of abandoned and
defaulted residential/commercial properties. Along with Council approval, authorization was
granted to solicit the services of qualified companies through a Request for Qualification (RFQ)
process to expedite the registration program. These companies specialize in helping cities
search for defaulted/foreclosed properties and contact financial institutes to advise them of the
foreclosure program and collection process.
Foreclosure Registration entities have immediate real estate foreclosure data and finance/bank
information that expedite this type of program. Conducting abatement enforcement on hard to
reach financial institutions has been a challenge for the Code Enforcement Division. A
partnership with a professional business that will receive a fee not to exceed of approximately
$100 for each registration fee collected will assist the City in establishing a successful program.
751-1
Resolution Amending Fee for the Registration of Foreclosed Properties and Agreement with
Property Registration Champions LLC
December 19, 2017
Page 2
On October 4, 2017, Foreclosure Registration Program Services RFQ #17-079 was released.
The deadline for submission was October 18, 2017 by 5:00 p.m. After the submittal date had
expired, the City received two vendor applications from Property Registration Champions LLC
(PROCHAMPS) and 1St Advantage Business Solution.
An evaluation committee of three was established within our division to review two companies'
proposals and rate each entity using the following criteria: Firm and Team Experience,
Understanding of Need, Relevant Project Experience, Schedule, References, and Fee.
PROCHAMPS was selected as the most qualified vendor. The Code Enforcement Division
proposes to enter into a two-year agreement with PROCHAMPS with the option to extend the
agreement for one additional year.
Since this is a new program and a new vendor, staff will evaluate the program in six months to
determine if there are additional cost related and the fee charged should be modified.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability,
Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability).
FISCAL IMPACT
PROCHAMPS cost for the administration and collection of the Foreclosure Program will be an
annually flat rate of $100 per each property. PROCHAMPS will issue a property status report
and a check for funds collected from this program to the City on a monthly basis. The total
approved city foreclosure registration fee is $513 (see Exhibit 1).
The funds received will be deposited in the Foreclosure Registration Program (Account No.
01116002-53628) and a 10% Administration fee will be deducted from the foreclosure registration
fee per each property and deposited into Foreclosure Registration Administrative fee (Account
751-2
Team/
Firm
Understanding
Relevant Project
Total
Proposer
Experience
of Need
Experience
Schedule
References
Fee
Points
Property Registration
Champions, LLC (PRC)
DBA: Pro Champs
20
20
20
20
10
10
100
Advantage Business
Solutions
11.667
13.333
6.667
11.667
5
6.667
55
PROCHAMPS was selected as the most qualified vendor. The Code Enforcement Division
proposes to enter into a two-year agreement with PROCHAMPS with the option to extend the
agreement for one additional year.
Since this is a new program and a new vendor, staff will evaluate the program in six months to
determine if there are additional cost related and the fee charged should be modified.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability,
Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability).
FISCAL IMPACT
PROCHAMPS cost for the administration and collection of the Foreclosure Program will be an
annually flat rate of $100 per each property. PROCHAMPS will issue a property status report
and a check for funds collected from this program to the City on a monthly basis. The total
approved city foreclosure registration fee is $513 (see Exhibit 1).
The funds received will be deposited in the Foreclosure Registration Program (Account No.
01116002-53628) and a 10% Administration fee will be deducted from the foreclosure registration
fee per each property and deposited into Foreclosure Registration Administrative fee (Account
751-2
Resolution Amending Fee for the Registration of Foreclosed Properties and Agreement with
Property Registration Champions LLC
December 19, 2017
Page 3
No. 01116002-53629) specifically designed to supplement city costs relating to foreclosure,
abandoned, substandard compliance inspections, costs of after hour emergencies, weekend
enforcement inspections, staff equipment and staffing personnel.
Candida Neal
Acting Executive Director
Planning and Building Agency
SV:rb
S:RFCAk12-19-17\PBA Foreclosed Property Registration Pgm 12.19.17
APPROVED AS TO FUNDS AND ACCOUNTS:
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Calculation of Miscellaneous Fee Foreclosure Registration Program
2. Agreement
3. Resolution
751-3
751-4
City of Santa Ana
Miscellaneous Fee Calculation
Department Information
Department: Planning and Building Agency- Code Enforcement
Miscellaneous Fee Title: Foreclosure Registration Fee
Instructions for Calculating the Fee
T) Lonslaer au versonnei Losrs mvoivea in mis Tee p.e. saiary, insurance, renremenr, worKers comp,
etc.)
2) Add all Miscellaneous Costs involved in the fee (i.e. supplies, rents, contracts), only allocate the
relevant portion of each cost related to the fee
3)Input the current/proposed fee that is charged
Contractual: Consultant Fee (
(Specify) Overhead 12.98%
Independent Audit
$ 100.00
$ 47.21
$ 2.00
Total Expenses $ 513.00
Current/Proposed Fee $ -
Full Cost Recovery $ 513.00
Please explain if not full cost recovery...
Independent Audit - $2 per property
C.E. Officer -4 inspections a year
EXH7 5115
Personnel Costs
Salary Employee Costs
% of Employment
Job Title
Current Annual Salary Annual Benefit Cost
Dedicated to
Total Salary&
Miscellaneous
Benefit Cost
Fee Activity
Hourly Employee Costs
Hours of
Employment
Job Title
Hourly Rate Hourly Benefit Cost
Dedicated to
Total Wage&
Benefit Cost
Miscellaneous
Fee Activity
C.E. Officer,
42.53 26.28
4.00
$ 275.24
C.E. Supervisor
50.08 30.93
0.50
$ 40.51
Senior Office Assistant
27.15 20.85
1.00
$ 48.00
MiscellaneousCosts• ;.,.
Office Supplies
$ 0.04
Rent
$ -
Utilities
$ -
Contractual: Consultant Fee (
(Specify) Overhead 12.98%
Independent Audit
$ 100.00
$ 47.21
$ 2.00
Total Expenses $ 513.00
Current/Proposed Fee $ -
Full Cost Recovery $ 513.00
Please explain if not full cost recovery...
Independent Audit - $2 per property
C.E. Officer -4 inspections a year
EXH7 5115
751-6
AGREEMENT TO ADMINISTER FORECLOSURE COLLECTION
PROGRAM WITH PROPERTY REGISTRATION CHAMPIONS LLC
THIS AGREEMENT is made and entered into this 19`h day of December, 2017 by and between
_Property Registration.Champions, LLC,.a Florida limited liability company, ("Contractor"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. On October 4, 2017, the City issued Request for Qualification ("RFQ") #17-079 to find a
vendor to assist with the administration, registration and maintenance of abandoned and
defaulted mortgage properties and collection of the City's foreclosed vacant property
registration fee.
B. Contractor submitted a responsive proposal and statement of qualifications that was
selected by the City. Contractor represents that it is able and willing to provide such
services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
f1•YK1]_9DLII MIA tAv [�T i
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under the term of this Agreement, including any extension periods exercised
per Section 3. Contractor shall be paid only for actual services performed under this
Agreement at the rates and charges identified in Exhibit B. The total compensation
for foreclosure collection is determined upon registration of each property by the
property owner and submission of the foreclosure registration fee to the City.
b. Per the terms of Exhibit A, Contractor will receive and process all registrations,
including payments, and provide monthly remittance of the City's portion of the
registration fees by the 10`h of each month, along with a report as to the properties and
payments to the City.
x 01:1 N IPM
751-7
Page I of 10
3. TERM
This Agreement shall commence on the date first written above for a two (2) year term,
with the option for the City to grant up to two one (1) year renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16,
below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
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751-8
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(3 0) days prior written notice to the City.
iv. Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
Page 3 of 10
751-9
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
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751-10
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information'which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
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751-11
party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
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751-12
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning and Building Sonia R. Carvalho
Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5897
To Contractor:
Property Registration Champions, LLC
Attn: President/CEO
2725 Center Place
Melbourne, FL 32940
Fax: 321-396-7776
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
751-13
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Candida Neal
Interim Executive Director
Planning and Building Agency
CITY OF SANTA ANA
Raul Godinez II
City Manager
PROPERTY REGISTRATION
CHAMPIONS LLC:
David Mulberry
President/CEO
751-14
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EXHIBIT " A"
Scope of Work
(Also known as "2. Firm Profrle" of PRC's Response to RFQ# 17-0079 Foreclosure
Registration Program Services)
Property Registration Champions LLC (PRC) was incorporated April 29, 2009 under the
name of Federal Property Registration Corporation (F.P.R.C.). F.P.R.C. underwent a
name change filed on March 31, 2014 and subsequently became Community Champions
Corporation with no changes in corporate structure with respect to the organization. On
March 9, 2015, Mr. David Mulberry became the CEO/President of Community Champions
Corporation with the Managing Director Mr. Thomas Darnell becoming the Chief Financial
Officer.
This structure remains in place today with PRC operating the core business of Community
Champions as our property registration company. To summarize, we're certain you'll find
PRC is rich in government, banking and technology experience notwithstanding our
proven expertise in serving our Government partners (customer service) with nearly 170
Government agencies partnering with us in the administration of their property registration
programs.
Our work with our Government partners is closely aligned with the requirements set forth
in this RFQ, Section III. Scope of Services. As we do with our other Government
partners, the following is intended to address those requirements:
1. As with our other Government partners, PRC will follow the requirements of the
City of Santa Ana enacting legislation for foreclosed property registration. The
PROCHAMPS team works closely with key staff (Public Officer included) to
ensure all deliverables and strategies are supported and implemented to
include collaboration on notifications to Responsible Parties and enforcement
initiatives if required.
2. PRC will provide a web link to the City, directing responsible parties to
PROCHAMPS for registering abandoned real properties. PRC provides a web
based automated property registration platform ("PROCHAMPS") designed to
facilitate ease of registration, requests for Inspections and uploading of
documents/photos allowing for seamless transactional functionality between
responsible parties, PRC and City staff. The PROCHAMPS application will
meet or exceed City anti-virus and security requirements.
3. Please see response to No. 2 above.
4. PRC will routinely, systematically and proactively review property records for
the purpose of assigning and notifying responsible parties of the Ordinance
751-15
requirements to include recent conveyances to another party. Once all
responsible parties are identified a repetitive and automated notification is
provided to all parties that are linked to the property.
PRC will capture all abandoned real properties with obligations to register
pursuant to the City's ordinance to include the following strategies:
a. Utilize Public Record Land File Data, Public Record Tax Collector/Assessor
Data, County Clerk Official Record Filings, 31d party real estate data and
other related filings to ensure all obligations are assigned for registration.
b. Once identified PRC will notify the appropriate parties of their need to
comply with the City's ordinance.
6. PRC will pay for all expenses related to registration of all foreclosed properties,
and all administrative costs and fees related thereto.
It should be noted the following items, (if applicable) are required before
entering into a contract with the City of Santa Ana, California:
a. In the event registration fees charged per property by the City of Santa Ana
exceeds 1K in any given year Property Registration Champions LLC will
ask the City of Santa Ana to acknowledge that said fees are not
recommended by our company. PRC will administer the program with this
acknowledgement in place.
7. PRC will provide monthly reporting of registration activities via PROCHAMPS
comprehensive reporting capabilities, monthly remittance reporting and manual
reports if required. PRC will routinely, systematically and proactively review all
pertinent available data sources to identify abandoned property located within
the CITY subject to registration pursuant to Ordinance No. 2017-064. All public
records will be utilized including, but not limited to; property appraiser data, tax
collector data, Public Court records, Utility data, postal data, and 3'd party
vendor data. Once this data is reviewed and verified a determination Is made
to with respect to an obligation to register as required by Ordinance No. 2017-
064. Once all responsible parties are identified a repetitive and automated
notification is provided to all parties that are linked to the property.
s. PRC will charge a fee per registration as set forth in this RFQ. The fee will
include both city staff costs and consultant costs. City staff costs are $413.00
per property (Exhibit 2 — City of Santa Ana Miscellaneous Fee Calculation).
Consultant costs will be added into the fee not to exceed $100 per registration
annually.
Our team will receive and process all registrations, including the payments, and
provide monthly remittance of the City's portion of the registration fees by the
10th of each month along with a report showing the properties and related
751-16
payments to the City of Santa Ana. The PROCHAMPS application is 100%
transparent and anyone in the Santa Ana organization can view all registrations
and payment status at any time.
10. See response to No. 9 above. Also, the PROCHAMPS application provides
automated reporting of all property subject to the applicable legislation with
reports easily attained by staff and can be exported to Excel for additional
reporting functionality.
11. The prior months report will be sent no later than the tenth (10th) day of the
following month and shall be delivered to the following address:
City of Santa Ana
Code Enforcement
20 Civic Center Plaza — M19
Santa Ana, CA 92701
12. PRC understands and agrees that all documents, records, application, files,
and other materials provided in connection with the services rendered under
this agreement shall be the property of the City of Santa Ana and shall be
provided to the City within seven (7) business days, upon City's request and/or
upon termination of written agreement.
13. PRC understands that the City has the right to audit the books, records, and
accounts that are related to this agreement.
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EXHIBIT A
SCOPE OF SERVICES
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1*14 :
COMPENSATION
Fee Schedule
Page 10 of 10
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EXHIBIT "B"
Fee Schedule
(Also known as "4. Rate Structure" of PRC's Response to RFQ# 17-0079
Foreclosure Registration Program Services)
I Santa Ana 1
PRC Notal �I
Rate I $413.00 (Per Exhibit 2 - City of Santa
Ana Miscellaneous Fee Calculation
$100 1 $513.00
____j
It should be noted the following items, (if applicable) are required before entering into a
contract with the City of Santa Ana, California:
a. In the event registration fees charged per property by the City of Santa Ana
exceeds $1K in any given year Property Registration Champions LLC will
ask the City of Santa Ana to acknowledge that said fees are not
recommended by our company. PRC will administer the program with this
acknowledgement in place.
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LS 12.19.17
RESOLUTION NO. 2017 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE FORECLOSED VACANT
PROPERTY REGISTRATION FEE TO INCLUDE
CONSULTANT COSTS FOR ASSISTING TO MANAGE THE
FORECLOSED VACANT PROPERTY PROGRAM IN
ACCORDANCE WITH ARTICLE 3 OF DIVISION 3 OF
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On October 3, 2017, the City Council of the City of Santa Ana adopted
Ordinance No. NS -2927 adding Division 3 to Article 3 to Chapter 8 of the Santa Ana
Municipal Code regarding the registration and maintenance of abandoned and defaulted
mortgage property.
B. Section 8-1989 of the Santa Ana Municipal Code authorizes an
administrative fee related to the registration, inspection and enforcement regarding such
abandoned and defaulted mortgage property that is to be established by resolution.
C. Based on analysis and evaluation of staff time, equipment, and materials,
this fee is recommended as set forth below, adjusted to include consultant costs to
assist and manage the program.
D. This amended fee shall become effective immediately and shall be
incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year
2017-18, as updated annually.
Section 2. The City Council hereby amends the annual administrative fee
relating to the registration, inspection and enforcement regarding such abandoned and
defaulted mortgage property. The fee shall include both City staff costs and consultant
costs and is hereby amended to $513 per property.
Section 3. Without further action of the City Council, the above -referenced fee
amended by this Resolution shall be incorporated into the City's Uniform Schedule of
Miscellaneous Fees for Fiscal Year 2017-18 and updated annually.
Exhibit 3
Resolution No. 2017 -XXX
Page 1 of 2
751-21
LS 12.19.17
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this _ day of 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:i
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No.
2017- to be the original resolution adopted by the City Council of the City of Santa
Ana on .2017.
Date:
Clerk of the Council
City of Santa Ana
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Resolution No. 2017 -XXX
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