R15-017I'll
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RESOLUTION R15 -017
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND COMMUNITY CHAMPIONS
CORPORATION (CCC) FWA/ FEDERAL PROPERTY
REGISTRATION CORPORATION OF FORT LAUDERDALE, FL
FOR THE ADMINISTRATION OF THE CITY'S VACANT
PROPERTY REGISTRATION ORDINANCE; AUTHORIZING THE
CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Procurement Services issued a Request for Quotation for
Administrator of Record for Abandoned, Foreclosed, Vacant Properties on November 21 ,
2014 (Q020- 2111 -15 /JMA) to which only one response was received; and
WHEREAS, Federal Property Registration Corporation has been the administrator
of record for the City since January, 2010; and
WHEREAS, this Agreement period is from March 1, 2015 to February 29, 2016
with the option to renew the Agreement under the same Terms and Conditions for three (3)
additional one -year periods; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to approve the Agreement between
the City of Boynton Beach and Community Champions Corporation (CCC) f/k/a Federal {
i
Property Registration Corporation for the administration of the City's Vacant Property
Registration Ordinance as a result of RFQ 020 - 2111 -15 /JMA; and authorize the City
Manager to sign the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission does hereby approve the Agreement between
the City of Boynton Beach and Community Champions Corporation (CCC) f /k/a Federal
Property Registration Corporation for the administration of the Citv's Vacant Property
Registration Ordinance as a result of RFQ 020 - 2111- 15 /JMA.
Section 3. The City Manager is hereby authorized to sign the Agreement, a copy
of which is attached hereto as Exhibit "A ".
Section 4. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this 3rd day of February, 2015.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Jerry Taylor
Vice Mayor — Joe Casello ✓
Commissioner — David T. Merker
f
Commissioner — Mack McCray ✓
i
Commissioner — Michael M. Fitzpatrick
VOTE S-0
ATTEST:
2 Jan t M. Prainito, MMC
y Clerk
2
AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
COMMUNITY CHAMPIONS CORPORATION (CCC)
This Agreement is made as of this _1st_ day of March 2015 by and between
Community Champions Corporation (CCC), and the City of Boynton Beach, a Florida municipal
corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435
(the "City ")
WITNESSETH:
WHEREAS, because of an overwhelming number of mortgage foreclosures on
residential and commercial properties that are in violation of the City of Boynton Beach Code of
Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a
health and welfare issue in the City of Boynton Beach, 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 09 -040, the City's Property Registration Ordinance (the "Ordinance "), and
WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with
Community Champions Corporation in order to provide services authorized pursuant to
Ordinance 09 -040, 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, Community Champions Corporation 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
1 COMMUNITY CHAMPIONS CORPORATION RESPONSIBILITIES
A Community Champions Corporation 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
Community Champions Corporation will electronically provide for registration of
foreclosed properties in violation of applicable City ordinances
B Community Champions Corporation will pay for all expenses related to
registration of all foreclosed property, and all administrative costs and fees related
thereto Community Champions Corporation will investigate, report, or take corrective
measures monthly to update property status of all foreclosed property electronically
registered and in compliance with the relevant City ordinances
C Community Champions Corporation will charge a fee of Two Hundred -Fifty
Dollars ($250 00) per applicant to register all mortgagees who comply with Ordinance
( "Registration Fee') Community Champions Corporation shall remit One Hundred -Fifty
Dollars ($150 00) of the Registration Fee to the City in consideration of the services
provided Community Champions Corporation shall forward payment of the City's portion
of the registration fee to the City's Finance Department no later than the 15 day of the
month during the term of this Agreement
D Community Champions Corporation 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 VacantRegistry(dot)com The website found at
VacantRegistry(dot)com will automatically allow lenders and/or responsible parties to
comply with the City's Codes
E Community Champions Corporation will execute the City's website Link
agreement and meet all City IT security, and anti -viral requirements.
2 Indemnification
A Community Champions Corporation 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 Community Champions
1)
Corporation, 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 Community Champions
Corporation and requires a specific consideration be given therefor The parties
therefore agree that the sum of Ten Dollars and 001100 ($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 Community Champions Corporation 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 Community Champions
Corporation will indemnify and hold City harmless for any negligent acts of Community
Champions Corporation or for any violation of any intellectual property laws, contracts or
statutes
3 TERM This Agreement will terminate one (1) year from March 1, 2015 In addition, the
parties may agree to renew this Agreement for an additional three (3) one (1) year terms
4 TERMINATION This Agreement may be terminated by either Party with or without
cause, immediately upon thirty (30) calendar days written notice Upon termination by City,
Community Champions Corporation shall cease all work performed hereunder 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
• Community Champions Corporation Response to the "Request for Quotation for
Administrator of Record for Abandoned /Foreclosed/Vacant Properties ", Quote No Q020-
2111- 151JMA
& INSURANCE Community Champions Corporation 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 CITY OF BOYNTON
BEACH the protection contained in the foregoing indemnification undertaken by Community
Champions Corporation
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 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 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 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 Community
Champions Corporation executes this Agreement
7, OWNERSHIP AND USE OF DOCUMENTS All documents, records, applications, files
and other materials produced by Community Champions Corporation 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 Community Champions Corporation shall be permitted to retain
copies, including reproducible copies, of drawings and specifications for information, reference
and use in connection with Community Champions Corporation's endeavors. In the event of
termination of this Agreement, any reports, records, documents, forms, and other data and
4
documents prepared by Community Champions Corporation whether finished or unfinished shall
become the property of the City, and shall be delivered by Community Champions Corporation to
the City Manager within seven (7) days of termination of this Agreement by either party Any
compensation due to Community Champions Corporation shall be withheld until all documents
are received as provided herein
8 AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS
A City shall have the right to audit the books, records and accounts of Community
Champions Corporation that are related to this Agreement Community Champions
Corporation shall keep such book, records, and accounts as may be necessary in order
to record complete and correct entries related to this Agreement Community Champions
Corporation 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 Community Champions Corporation 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 Community Champions Corporation'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 Community Champions Corporation's records,
Community Champions Corporation shall comply with all requirements thereof, however,
no confidentiality or non - disclosure requirement of either federal or state law shall be
violated by Community Champions Corporation 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
5
B. In addition, Community Champions Corporation 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, Community
Champions Corporation 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
employee /employer relationship between the parties It is the intent of the parties that
Community Champions Corporation 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
Community Champions Corporation shall retain sole and absolute discretion in the judgment of
the manner and means of carrying out Community Champions Corporation's activities and
responsibilities hereunder Community Champions Corporation 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 Community Champions Corporation and the City and the City will not be
liable for any obligation incurred by Community Champions Corporation, 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
Cil
present, Community Champions Corporation and the City designate the following as the
respective places for giving of notice
CITY City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
Attention Lori LaVernere, City Manager
Copy To James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No (954) 771 -4500
Facsimile No (954) 771 -4923
CONTRACTOR Community Champions Corporation
6767 N Wickham Road, Suite 500
Melbourne, FL 32940
Attention Thomas R Darnell, Managing Director
Telephone (321) 421 -6639, ext 1001
11 ASSIGNMENT This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by Community Champions
Corporation without the prior written consent of City For purposes of this Agreement, any
change of ownership of Community Champions Corporation 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 Community Champions Corporation 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
7
15 EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement,
Community Champions Corporation 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
16 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
force 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 with venue lying in Palm Beach County, Florida
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 Community Champions Corporation 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
Attest
City Clerk
day of , 2015
CITY OF BOYNTON BEACH
By
Lori LaVernere, City Manager
15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement,
Community Champions Corporation 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.
16. 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
force 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 with venue lying in Palm Beach County, Florida.
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 Community Champions Corporation 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.
CITY OF BOYNTON BEACH
Attest: 1431
( Lori LaVerriere, Cit anager
ty Clerk ��t Ue/q
FG ,wfY 14, , V
5 day of MA'R[ l , 2015 E ,
APPROVE TO (JRM:
//
By
i Attorney
Attest: By: Com�unit Champinns Corporation (CCC)
Print Name: Date: _ 1-
Title:
(SEAL)
STATE OF FLORIDA )
) SS
COUNTY OF )
BEFORE ME, an officer duly authorized by 1 w to administer oaths and take
acknowledgments, personally appeared 7A nngs tx r itv>. (/ of who is personally
known to me or has produced as identification, and
acknowledged execution of the foregoing Agreement as the proper official of
of for the use and purposes mentioned in it and that the instrument is the
act and deed of the Corporation.
IN WITNESS OF THE FOR3OING, I have sej my hand and official seal at in the
State and County aforesaid on this f day of FC ( ,.-Jq.: / , 2015.
NOTARY P I r
My Commission Expires: RONALDVAUGHT
41'o MY COMMISSION #FF089489
EXPIRES: FEB 04, 2018
a"l Bonded through 1st State Insurance
9