HomeMy WebLinkAboutItem 13 - Professional Service Agreement with Property Registration Champions, LLC (ProChamps) Planning and Building Agency
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Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 7, 2021
TOPIC: Professional Service Agreement with Property Registration Champions, LLC
(ProChamps)
AGENDA TITLE:
Approval of a Professional Service Agreement with Property Registration Champions,
LLC (ProChamps) to Provide Professional Services for Administering a Local Program
Requiring the Registration and Maintenance of Abandoned, Defaulted, and Foreclosed
Properties as well as Vacant Lots, Structures, and Historic Properties
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Property Registration
Champion LLC (ProChamps) to provide professional services for administering a local
program requiring the registration and maintenance of abandoned, defaulted, and
foreclosed properties as well as vacant lots, structures, and historic properties for a three-
year term terminating December 6, 2024 with an option for two one-year extensions,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
ProChamps is the current provider of professional services, giving the City access to real-
time ownership information and data pertaining to real estate and financial transactions
potentially leading to and/or resulting in the abandonment or foreclosure of real
properties. The information and data facilitate the Code Enforcement Division in
identifying and monitoring the on-going maintenance such properties, including vacant
lots, structures, and historic properties, to prevent them from deteriorating and becoming
an attractive or public nuisance. The company also facilitates the administration of the
program by notifying the responsible party of the City’s program and registering such
properties on behalf of the City.
The existing service agreement with ProChamps was procured on December 19, 2017
and will expire on December 18, 2021. To ensure un-interrupted services, on September
30, 2021, the Code Enforcement Division released the Foreclosure, Abandoned Vacant
Lots and Structure Registration Program Services Request for Proposals (#21-117), with
a submission deadline of 5:00 p.m. on October 21, 2021. The City received two proposals,
one from Property Registration Champions LLC, (ProChamps), and one from Milberg
Coleman Bryson Phillip Grossman.
Agreement with Property Registration Champions, LLC (ProChamps)
December 7, 2021
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A selection committee consisting of Code Enforcement staff members was established to
review and rate the proposals, employing following criteria:
Firm and team experience
Understanding of need
Relevant project experience
References
Service fee
The committee determined ProChamps to be the most responsive to the RFP and
recommended ProChamps to be selected as the most qualified vendor for providing the
services sought by the City. The table below provides a summary of the scoring of the
proposals by the committee.
Proposer
Team/
Firm
Experience
Understanding
of Need
Relevant
Project
Experience References Fee
Total
Points
Property
Registration
Champions, LLC
(PRC) DBA: Pro
Champs 20 20 19.6 19.6 20 99.3
Milberg Coleman
Bryson Phillip
Grossman 18.3 19.3 18.6 18.3 11.6 86
The proposed service agreement with ProChamps has an initial term of three years, with
an option for two (2) one-year extensions.
ENVIRONMENTAL IMPACT
There is no environmental impact associated the proposed approval of an agreement with
ProChamps to provide professional services for administering a local property registration
and maintenance program.
FISCAL IMPACT
The approved City foreclosure and maintenance registration fee is $1,232.85. For the
services under the agreement, a service fee amount not to exceed $100 may be
recovered by the company from each registration with the accompanying fee collected by
the company. The fee amount remitted to the City is the approved fee less $100, which
is $1,132.85. The funds received will be deposited in the Foreclosure Registration
Program (Account No. 01116002-53628).
Agreement with Property Registration Champions, LLC (ProChamps)
December 7, 2021
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EXHIBIT(S)
1. Request for Qualification #21-117
2. Contract Agreement
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Release Date: September 30, 2021
Deadline for Submission:
October 21, 2021
By 5:00 PM
NO LATE PROPOSALS WILL BE
ACCEPTED.
REQUEST FOR QUALIFICATIONS (RFQ) FOR
FORECLOSURE, ABANDONED VACANT
LOTS AND STRUCTURE REGISTRATION
PROGRAM SERVICES
RFQ # 21-117
Issued By:
CITY OF SANTA ANA
CODE ENFORCEMENT, M-19
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92702
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City’s
needs.
EXHIBIT 1
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Structures Registration Program Services
NOTICE
By way of this Request for Qualifications (RFQ), the City of Santa Ana Code Enforcement
Division (“City”) intends to pre-qualify a limited number of third party property management
firms to provide professional services for the Registration and Maintenance of Abandoned,
Defaulted and Foreclosed Mortgage Properties(bank owned), Vacant Lots, Structures, and
Historical Properties(bank owned and privately owned) within the City of Santa Ana. Work
under this RFQ is outlined in the Section VI - Scope of Work.
The City is committed to non-discrimination and equal opportunity. No person will be
discriminated against on the grounds of race, color, sex, religion, national origin, ancestry,
age, marital status, physical or mental disability, or sexual orientation.
I. PURPOSE
The purpose of this Request for Qualification Proposals (“RFQ) is to solicit competitive
proposals from qualified firms to provide third party property management to operate the
City of Santa Ana’s Foreclosure, Abandoned and Vacant Lots and Structures Registration
Program.
II. RULES FOR PROPOSALS
The signer of the RFQ must declare in writing that the only person, persons, company or
parties interested in the proposal as principals are named therein; that the proposal is
made without collusion with any other person, persons, company or parties submitting a
proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that
the signer of the proposal has full authority to bind the principal proposer.
III. SCOPE OF SERVICES
The City is soliciting a Statement of Qualifications (“RFQ”) from interested firms with the
intent of creating a list of pre-qualified respondents. Respondent(s) will be pre-qualified
based on the process set forth in the “Selection Process and Award” (Section VIII) of this
RFQ. The City intends to have several firms qualified for these services. Respondents will
be selected based upon their competency, experience and availability to conduct the work
in a timely manner. Services include the following:
1. Respondent shall follow the requirements of the City of Santa Ana
enacting legislation for foreclosed, abandoned, vacant lot and structure
property registration, SAMC 8-1982.
2. Respondent will work to develop a website link with the City and meet all of the City's security and anti-viral requirements.
3. Respondent agree to provide a website for the registration of the
program in order to enable compliance with City legislation.
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Structures Registration Program Services
4. Respondent will proactively contact those that file a public notice of default,
foreclosure action, and/or take title to real property via foreclosure or any
other legal means for Foreclosed, Abandoned and Vacant Lots and Structures.
5. Respondent will provide electronic registration for applicants of
foreclosed, abandoned and vacant properties/ lots in violation of the
applicable City ordinance.
6. Respondent will pay for all expenses related to registration of all
foreclosed abandoned and vacant/ lots and structures properties, and all
administrative costs and fees related thereto.
7. Respondent will investigate, report, or take corrective measures monthly to
update property status of all property electronically registered and in compliance with the relevant City ordinance.
8. Respondent will charge each applicant no more than the amount prescribed
by ordinance (per applicant) to register all mortgagees who comply with the
ordinance. A non-refundable annual registration fee (amount to be determined)
per property shall accompany the registration form or website registration. All
fees must be paid directly from the Mortgagee, Servicer, Trustee or Owner. Third
party registration fees are not allowed without the consent of the City of Santa
Ana or authorized designee. Failure to register abandoned real property on an
annual basis or any event of non- compliance with enacting legislation shall result
in a penalty fee amount prescribed by the ordinance.
9. Respondent will remit payment of the registration fee to the City minus the
agreed upon consideration t o Respondent for services rendered no later than the
tenth (10th) day of each month.
10. Respondent will provide the City with monthly reports listing the properties
on the register, in addition to those that have been added or subtracted since the
previous report.
11. The prior month's report is due 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 2702
12. All documents, records, applications, 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
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Structures Registration Program Services
the City within seven (7) business days, upon City's request and/or upon
the termination of written agreement.
13. The City shall have the right to audit the books, records, and accounts
that are related to the agreement.
14. Once a qualified respondents list is created, the City will utilize this list and
enter into registration service contracts. The list of prequalified proposers shall
remain active for a three (3) year period.
IV. SUBMITTAL REQUIREMENTS
It is the responsibility of the Proposer to ensure that any proposals submitted have
been uploaded to PlanetBids prior to the proposal due date and time. Proposals,
including all required sections and forms, shall be submitted electronically via the
City’s Bid Management System, PlanetBids. No other form of submittal will be
accepted. It is the responsibility of the Proposer to ensure that any proposals
submitted has been uploaded to PlanetBids prior to this proposal due date and time.
PlanetBids will not accept late bids and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating
that their proposal was submitted successfully. The City will only receive and
consider those proposals that were transmitted successfully. Submit proposal online
at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137
Proposer shall be solely responsible for informing itself with respect to the proper
utilization of the bid management system, for ensuring the capability of their
computer system to upload the required documents, and for the stability of their
internet service. Failure of the Proposer to successfully submit an electronic proposal
shall be at the Proposer’s sole risk and no relief will be given for late and/or
improperly submitted proposals. Proposers experiencing any technical difficulties
with the bid submission process may contact PlanetBids at (818) 992-1771.
Questions of an operational nature may be directed to the City’s assigned Project
Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely
availability of assistance, or assurance that any given problem will be resolved by
the bid submission deadline. Proposals shall NOT be mailed or sent via telegraphic,
electronic or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 Proposers shall
be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a
nonresponsive proposal.
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Structures Registration Program Services
All Proposals shall include the following information:
1. Letter of Introduction - Briefly describe the firm; and the name, address, e-mail,
and phone number of the contact person as well as a summary of the
respondent understands of the scope of services and overall approach to the
scope of services. The letter should be signed by an officer of the
respondent’s firm authorized to bind the firm to all commitments made in the
proposal.
2. Firm Profile
Provide a brief description of your firm’s size and organization structure.
3. Relevant Experience and Qualifications
Provide a description of your firm’s relevant experience and qualifications of key
individuals that may be involved in providing Foreclosure, Abandoned and
Vacant Lots and Structures Registration Operations and Management services
your firm has completed over the last three years. Specifically list any work
conducted with governmental entities. Provide resumes for all key personnel.
4. Rate Structure
Provide a sheet showing proposed rate per property registration of firm’s staff
and equipment utilized for tracking foreclosed property registration.
5. References - Provide at least three (3) references (names and current phone
numbers) from recent work that may be contacted for verification of the
respondent’s experience and qualifications.
6. Insurance Requirements - All required insurance must be current and up-to-date
in advance and renewed annually. A Respondent may not work for the City of
Santa Ana until the appropriate insurance has been provided and approved by
the City Attorney. This shall be verified by City Risk Management.
V. INSURANCE REQUIRMENTS- MINIMUM SCOPE AND LIMIT OF
INSURANCE
Coverage shall be at least as broad as Insurance Services Office Commercial
General Liability coverage (occurrence Form CG 00 01) and include products
coverage.
1. Minimum Limits of Insurance
Coverage shall be at least as broad as Insurance Services Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
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Structures Registration Program Services
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
If the Vendor maintains broader coverage and/or higher limits than the minimums
shown above, the Entity requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall
be available to the Entity.
2. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity
may require the Vendor to purchase coverage with a lower retention or provide proof
of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the named insured
or Entity.
3. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
4. Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Vendor including materials, parts, or
equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Vendor’s insurance
at least as broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used).
5. Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be
primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects
the Entity, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the Entity, its officers, officials, employees, or volunteers
shall be excess of the Vendor’s insurance and shall not contribute with it.
6. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be
canceled, except with notice to the Entity.
7. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state
with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable
to the Entity.
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Structures Registration Program Services
8. Verification of Coverage
Vendor shall furnish the Entity with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to Entity before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Vendor’s obligation to provide them. The Entity
reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
9. Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any
insurer of said Vendor may acquire against the Entity by virtue of the payment of
any loss under such insurance. Vendor agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the Entity has received a waiver of subrogation
endorsement from the insurer.
VI. CONFLICT of INTEREST
Responder agrees that, for the term of this contract, no member, officer or employee of
the City of Santa Ana, or a public body within Orange County or member or delegate to
the Congress of the United States, during his/her tenure or for one year thereafter,
shall have any direct interest in contracts or any direct or material benefit arising
therefrom. Responder must provide a list of any potential conflicts of interest in working
for the City of Santa Ana. This must include, but is not limited to, a list of your firm’s
clients who are the following: Private clients located or operating within the City of
Santa Ana limits. Responders must also identify any other clients that may pose a
potential conflict of interest, as well as a brief description of work you provide to these
clients. The list must include all potential conflicts of interest within the year prior to the
release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for the City of Santa Ana may be required to
submit a California Fair Political Practices Commission (FPPC) Form 700: Statement
of Economic Interests documenting potential financial conflicts of interest.
VII. SUBMITTAL of QUALIFICATIONS
Your Submittal package shall be submitted online uploaded to PlanetBids and must
include the following:
1. The proposal shall be in Times New Roman, Arial or some similar easily readable
font. The size of the font shall not be smaller than 12.
2. Proposals shall be submitted not later than the time and date indicated on the
cover page of this RFQ.
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Structures Registration Program Services
3. Faxed and/or emailed proposals will not be accepted.
4. The City of Santa Ana shall not be responsible for proposals delivered or
submitted to a person or location other than that specified hereinabove.
5. Late submittals shall not be accepted or considered.
6. All submittals, whether selected or rejected, shall become the property of the
City of Santa Ana and will not be returned.
7. The City reserves the right to waive minor defects and/or irregularities in
proposals, and shall be the sole judge of the materiality of any such defect or
irregularity.
8. Once submitted, all responses become public record and will be available to
the public for review.
9. Cost incurred by the respondent in the preparation of the response to this RFQ
is the sole responsibility of the respondent, and will not be reimbursed by the
City.
10. All proposals shall remain firm for one hundred twenty (120) days following the
closing date of the receipt of proposals.
11. Proposals must be uploaded and received by the submittal
deadline, October 21, 2021 at 5:00 p.m. The City of Santa Ana has no
authority to accept proposals submitted after the above date and time.
VIII. SUBMITTAL INFORMATION AND DEADLINE
The following represents the tentative schedule for this project.
Tasks Date
• Release of RFQ September 30, 2021
• Deadline for Final Questions October 14, 2021
• Proposal Submission Deadline October 21, 2021
• Evaluation of Proposals Interviews – TBD
• (If Needed)
• Selection and Notification of Proposer List TBD
IX. SELECTION PROCESS AND AWARD
The City will review the responses to the RFQ and make a determination as to the most
responsive, best suited and most qualified to provide the service being requested.
Generally, the criteria will include, but not be limited to:
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Structures Registration Program Services
• The responsiveness to the specific needs of the City and an understanding of the
services to be provided.
• Experience, expertise and knowledge particular to the City’s needs, in providing
services of a similar nature.
• The skills, education and experience of the respondent (s).
• Local businesses preference. For purposes of selection criteria, local is defined as
having a headquarters or branch office located in either the City of Santa Ana, or
within Orange County.
• References.
• Service Cost/Rates.
Following the review, the City will determine the final number of Respondents to be
included on the list of pre-qualified respondents. The City will notify all respondents of
their pre-qualification status. The top three (3) firms will be awarded a three (3) year
contract.
X. QUESTIONS
Prospective proposers shall direct all questions to:
Alvaro Nunez, Code Enforcement Manager
Tel. (714) 647-5871
Email: ANunez@santa-ana.org
XI. METHOD OF PAYMENT
The Consultant shall submit a monthly invoice to the City for the services rendered in that
month. The invoice shall include a summary as well as a detailed breakdown of the
properties and registration fees collected. Payment by City within 45 days of invoice.
XII. REGULATIONS
The selected consultant shall be expected to comply with all applicable federal, state, city
regulations, and contract provisions.
AGREEMENT FOR SERVICES TO ADMINISTER
THE REGISTRATION AND MAINTENANCE OF ABANDONED,
VACANT, AND/OR DEFAULTED MORTGAGE PROPERTIES
THIS AGREEMENT is made and entered into this 7th day of December, 2021, by and between
Property Registration Champions, LLC dba PROCHAMPS ("Consultant"), 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 September 30, 2021, the City issued Request for Qualifications No. 21-117, by
which it sought proposals from qualified firms to provide services to administer the
registration and maintenance of abandoned, vacant, and/or defaulted mortgage
properties as provided by Santa Ana Municipal Code sections 8-1982 through 8-
1992.
B. Consultant submitted a responsive proposal that was selected by the City.
Consultant represents that it is able and willing to provide the services described in
the scope of work that was included in RFQ No. 21-117.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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:
1. SCOPE OF SERVICES
Consultant shall perform the services described in the scope of work that was included in
RFQ No. 21-017, which is attached as Exhibit A, and as further delineated in Consultant's
proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under the term of this Agreement, including any extension periods.
Consultant shall only be compensated for actual services performed under the
Agreement at the rate structure identified in Exhibit B.
b. Consultant shall receive and process all property registration fees, including
payments, and provide monthly remittance of the City's portion of all registration
fees by the tenth of each month along with a monthly remittance report.
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EXHIBIT 2
3. TERM
This Agreement shall commence on the date first written above and terminate on December
6, 2024, unless terminated earlier in accordance with Section 16, below. The term of this
Agreement may be extended for two I-year periods upon a writing executed by the City Manager
and City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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 Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant 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.
5. 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 magnetkally or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). For the sake
of clarity, it is understood by both Parties that Documents and Data does not include any of
Consultant's proprietary computer programing. Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractors prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant
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 the purposes intended by this Agreement shall be at City's
sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
l.Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than
$1,000,000 per occurrence. !fa general aggregate limit applies, either
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the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any
auto (Code I), or if Consultant has no owned autos, hired, (Code 8)
and non-owned autos (Code 9), with a limit no less than $1,000,000
per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. If Consultant 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 $2,000,000
per claim with $2,000,000 in the aggregate.
If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above. the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b.Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials,
employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Consultant including
materials, parts, or equipment furnished in connectionwith such
work or operations. General liability coverage can be provided in
the form of an endorsement to the Consultant's insurance ( at least as
broad as ISO Form CG 20 IO 11 85 or if notavailable, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and
CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the
Consultant's insurance coverage shall be primary coverage at least
as broad as ISO CG 20 0 I 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers,officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall
provide that coverage shall not be canceled, except with notice to
the City.
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4.Waiver of Subrogation: Consultant hereby grants to City a waiver
of any right to subrogation that any insurer of said Consultant may
acquire against the City by virtue of the payment of any loss under
such insurance. Consultant agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received
a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared
to and approved by the City. The City may require theConsultant to
purchase coverage with a lower retention or provide proof of ability
to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to
the City.
7. Claims Made Policies (applicable only to professional liability):
1. The Retroactive Date must be shown, and must be before the
date of the contract or the beginning of contract work.
ii.Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion
of the contract of work.
iii.If coverage is canceled or non-renewed, and not replaced
with another claims-made policy form with a Retroactive
Date prior to the contract effective date, the Consultant must
purchase "extended reporting" coverage for a minimum of
jive (5) years after completion of work.
8. Verification of Coverage: Consultant shall furnish the City with
original Certificates oflnsurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing allpolicy endorsements
to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Consultant's obligation to provide them.
The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by
these specifications, at any time.
Page 4 of9
9. Subcontractors: Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors.
I 0. Special Risks or Circumstances: City reserves the right to modify
these requirements, including limits, based on the nature of therisk,
prior experience, insurer, coverage, or other special circumstances.
7.INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (I) 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 Consultant or its Consultants, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section I 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 Consultant 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 Consultant'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 of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
8.INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9.RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant 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 Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
Page 5 of9
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant 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 Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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
Consultant disclosed in a publicly available source; ( c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or ( e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. 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
Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Page 6 of9
To Consultant: Property Registration Champions, LLC
2725 Center Place, Suite 200
Melbourne, FL 32940
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.
13.EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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
Consultant. 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 Consultant 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 party, which are not embodied herein.
14.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 consultants retained by City.
15.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.
16.TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
Page 7 of9
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant 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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
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
Consultant 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
Santa Ana and all other governmental agencies. Consultant 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.
Page 8 of9
IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARY ALHO
City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL
Minh Thai
Executive Director
Planning and Building Agency
CITY OF SANT A ANA
Kristine Ridge
City Manager
CONSULTANT
Title: Ce t>
Page 9 of9
EXHIBIT A
REQUEST FOR QUALIFICATIONS (RFQ) FOR
FORECLOSURE,ABANDONED VACANT
LOTS AND STRUCTURE REGISTRATION
PROGRAM SERVICES
RFQ # 21-117
Issued By:
CITY OF SANTA ANA
CODE ENFORCEMENT, M-19
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92702
Release Date: September 30, 2021
Deadline for Submission:
October 21, 2021
By 5:00 PM
NO LATE PROPOSALS WILL BE
ACCEPTED.
The City of Santa Ana reserves the right to reject any or all Proposals, to waive any
informality in any Proposal, and to select the Proposals that best meet the City's
needs.
NOTICE
By way of this Request for Qualifications (RFQ), the City of Santa Ana Code Enforcement
Division ("City") intends to pre-qualify a limited number of third party property management
firms to provide professional services for the Registration and Maintenance of Abandoned,
Defaulted and Foreclosed Mortgage Properties(bank owned), Vacant Lots, Structures, and
Historical Properties(bank owned and privately owned) within the City of Santa Ana. Work
under this RFQ is outlined in the Section VI -Scope of Work.
The City is committed to non-discrimination and equal opportunity. No person will be
discriminated against on the grounds of race, color, sex, religion, national origin, ancestry,
age, marital status, physical or mental disability, or sexual orientation.
I.PURPOSE
The purpose of this Request for Qualification Proposals ("RFQ) is to solicit competitive
proposals from qualified firms to provide third party property management to operate the
City of Santa Ana's Foreclosure, Abandoned and Vacant Lots and Structures Registration
Program.
II.RULES FOR PROPOSALS
The signer of the RFQ must declare in writing that the only person, persons, company or
parties interested in the proposal as principals are named therein; that the proposal is
made without collusion with any other person, persons, company or parties submitting a
proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that
the signer of the proposal has full authority to bind the principal proposer.
Ill. SCOPE OF SERVICES
The City is soliciting a Statement of Qualifications ("RFQ") from interested firms with the
intent of creating a list of pre-qualified respondents. Respondent(s) will be pre-qualified
based on the process set forth in the "Selection Process and Award" (Section VI II) of this
RFQ. The City intends to have several firms qualified for these services. Respondents will
be selected based upon their competency, experience and availability to conduct the work
in a timely manner. Services include the following:
1. Respondent shall follow the requirements of the City of Santa Ana
enacting legislation for foreclosed, abandoned, vacant lot and structure
property registration, SAMC 8-1982.
2.Respondent will work to develop a website link with the City and meet all ofthe City's security and anti-viral requirements.
3. Respondent agree to provide a website for the registration of the
pro g ram in order to enable compliance with City legislation.
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page 219
4. Respondent will proactively contact those that file a public notice of default,
foreclosure action, and/or take title to real property via foreclosure or any
other legal means for Foreclosed, Abandoned and Vacant Lots and Structures.
5. Respondent will provide electronic registration for applicants of
foreclosed, abandoned and vacant properties/ lots in violation of the
applicable City ordinance.
6. Respondent will pay for all expenses related to registration of all
foreclosed abandoned and vacant/ lots and structures properties, and all
administrative costs and fees related thereto.
7. Respondent will investigate, report, or take corrective measures monthly to
update property status of all property electronically registered and in compliance with the relevant City ordinance.
8. Respondent will charge each applicant no more than the amount prescribed
by ordinance (per applicant) to register all mortgagees who comply with the
ordinance. A non-refundable annual registration fee (amount to be determined)
per property shall accompany the registration form or website registration. All
fees must be paid directly from the Mortgagee, Servicer, Trustee or Owner. Third
party registration fees are not allowed without the consent of the City of Santa
Ana or authorized designee. Failure to register abandoned real property on an
annual basis or any event of non-compliance with enacting legislation shall result
in a penalty fee amount prescribed by the ordinance.
9. Respondent will remit payment of the registration fee to the City minus the
agreed upon consideration to Respondent for services rendered no later than the
tenth (1oth) day of each month.
10. Respondent will provide the City with monthly reports listing the properties
on the register, in addition to those that have been added or subtracted since the
previous report.
11. The prior month's report is due no later than the tenth (1 oth) 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 2702
12.All documents, records, applications, 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
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page3l9
the City within seven (7) business days, upon City's request and/or upon
the termination of written agreement.
13. The City shall have the right to audit the books, records, and accounts
that are related to the agreement.
14. Once a qualified respondents list is created, the City will utilize this list and
enter into registration service contracts. The list of prequalified proposers shall
remain active for a three (3) year period.
IV.SUBMITTAL REQUIREMENTS
It is the responsibility of the Proposer to ensure that any proposals submitted have
been uploaded to PlanetBids prior to the proposal due date and time. Proposals,
including all required sections and forms, shall be submitted electronically via the
City's Bid Management System, PlanetBids. No other form of submittal will be
accepted. It is the responsibility of the Proposer to ensure that any proposals
submitted has been uploaded to PlanetBids prior to this proposal due date and time.
PlanetBids will not accept late bids and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating
that their proposal was submitted successfully. The City will only receive and
consider those proposals that were transmitted successfully. Submit proposal on line
at: http://www.planetbids.com/portal/portal.cfm?Company1D=20137
Proposer shall be solely responsible for informing itself with respect to the proper
utilization of the bid management system, for ensuring the capability of their
computer system to upload the required documents, and for the stability of their
internet service. Failure of the Proposer to successfully submit an electronic proposal
shall be at the Proposer's sole risk and no relief will be given for late and/or
improperly submitted proposals. Proposers experiencing any technical difficulties
with the bid submission process may contact PlanetBids at (818) 992-1771.
Questions of an operational nature may be directed to the City's assigned Project
Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely
availability of assistance, or assurance that any given problem will be resolved by
the bid submission deadline. Proposals shall NOT be mailed or sent via telegraphic,
electronic or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?Company1D=20137 Proposers shall
be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a
nonresponsive proposal.
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page419
All Proposals shall include the following information:
1. Letter of Introduction -Briefly describe the firm; and the name, address, e-mail,
and phone number of the contact person as well as a summary of the
respondent understands of the scope of services and overall approach to the
scope of services. The letter should be signed by an officer of the
respondent's firm authorized to bind the firm to all commitments made in the
proposal.
2. Firm Profile
Provide a brief description of your firm's size and organization structure.
3. Relevant Experience and Qualifications
Provide a description of your firm's relevant experience and qualifications of key
individuals that may be involved in providing Foreclosure, Abandoned and
Vacant Lots and Structures Registration Operations and Management services
your firm has completed over the last three years. Specifically list any work
conducted with governmental entities. Provide resumes for all key personnel.
4. Rate Structure
Provide a sheet showing proposed rate per property registration of firm's staff
and equipment utilized for tracking foreclosed property registration.
5. References -Provide at least three (3) references (names and current phone
numbers) from recent work that may be contacted for verification of the
respondent's experience and qualifications.
6. Insurance Requirements -All required insurance must be current and up-to-date
in advance and renewed annually. A Respondent may not work for the City of
Santa Ana until the appropriate insurance has been provided and approved by
the City Attorney. This shall be verified by City Risk Management.
V. INSURANCE REQUIRMENTS-MINIMUM SCOPE AND LIMIT OF
INSURANCE
Coverage shall be at least as broad as Insurance Services Office Commercial
General Liability coverage (occurrence Form CG 00 01) and include products
coverage.
1. Minimum Limits of Insurance
Coverage shall be at least as broad as Insurance Services Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injuryand personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a generalaggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page 519
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
If the Vendor maintains broader coverage and/or higher limits than the minimums
shown above, the Entity requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits ofinsurance and coverage shall
be available to the Entity.
2. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity
may require the Vendor to purchase coverage with a lower retention or provide proof
of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policylanguage shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the named insured
or Entity.
3. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
4. Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as
additional insureds on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Vendor including materials, parts, or
equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Vendor's insurance
at least as broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a
later edition is used).
5. Primary Coverage
For any claims related to this contract, the Vendor's insurance coverage shall be
primary insurancecoverage at least as broad as ISO CG 20 01 04 13 as respects
the Entity, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the Entity, its officers, officials, employees, or volunteers
shall be excess of the Vendor's insurance and shall notcontribute with ii.
6. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be
canceled, exceptwith notice to the Entity.
7. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state
with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page6l9
8. Verification of Coverage
Vendor shall furnish the Entity with original Certificates of Insurance including all
reguired amendatory endorsements (or copies of the applicable policy language
effecting coverage reguiredby this clause} and a copy of the Declarations and
Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Vendor's obligation to provide them. The Entity
reserves the right to require complete, certified copies of all required insurance
policies,including endorsements required by these specifications, at any time.
9. Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any
insurer of said Vendor may acquire against the Entity by virtue of the payment of
any loss under such insurance.Vendor agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the Entity has received a waiverof subrogation
endorsement from the insurer.
VI.CONFLICT of INTEREST
Responder agrees that, for the term of this contract, no member, officer or employee of
the City of Santa Ana, or a public body within Orange County or member or delegate to
the Congress of the United States, during his/her tenure or for one year thereafter,
shall have any direct interest in contracts or any direct or material benefit arising
therefrom. Responder must provide a list of any potential conflicts of interest in working
for the City of Santa Ana. This must include, but is not limited to, a list of your firm's
clients who are the following: Private clients located or operating within the City of
Santa Ana limits. Responders must also identify any other clients that may pose a
potential conflict of interest, as well as a brief description of work you provide to these
clients. The list must include all potential conflicts of interest within the year prior to the
release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for the City of Santa Ana may be required to
submit a California Fair Political Practices Commission (FPPC) Form 700: Statement
of Economic Interests documenting potential financial conflicts of interest.
VII.SUBMITTAL of QUALIFICATIONS
Your Submittal package shall be submitted online uploaded to PlanetBids and must
include the following:
1. The proposal shall be in Times New Roman, Arial or some similar easily readable
font. The size of the font shall not be smaller than 12.
2. Proposals shall be submitted not later than the time and date indicated on the cover page of this RFQ.
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page719
3. Faxed and/or emailed proposals will not be accepted.
4. The City of Santa Ana shall not be responsible for proposals delivered or
s u b m it I e d to a person or location other than that specified hereinabove.
5. Late submittals shall not be accepted or considered.
6. All submittals, whether selected or rejected, shall become the property of the
City of Santa Ana and will not be returned.
7. The City reserves the right to waive minor defects and/or irregularities in
proposals, and shall be the sole judge of the materiality of any such defect or
i rreg u la rity.
8. Once submitted, all responses become public record and will be available to the public for review.
9. Cost incurred by the respondent in the preparation of the response to this RFQ
is the sole responsibility of the respondent, and will not be reimbursed by the
City.
10. All proposals shall remain firm for one hundred twenty (120) days following the
closing dale of the receipt of proposals.
11. Proposals must be u p I o a d e d a n d received by I he s u b m i ti a I
dead Ii n e, October 21. 2021 at 5:00 p.m. The City of Santa Ana has no authority to accept proposals submitted after the above dale and lime.
VIII.SUBMITTAL INFORMATION AND DEADLINE
The following represents the tentative schedule for this project.
Tasks
•Release of RFQ
•Deadline for Final Questions
•Proposal Submission Deadline•Evaluation of Proposals Interviews -
•(If Needed)
•Selection and Notification of Proposer List
IX.SELECTION PROCESS AND AWARD
Date
September 30, 2021
October 14, 2021
October 21, 2021
TBD
TBD
The City will review the responses to the RFQ and make a determination as to the most
responsive, best suited and most qualified to provide the service being requested.
Generally, the criteria will include, but not be limited to:
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page8l9
•The responsiveness to the specific needs of the City and an understanding of the
services to be provided.
•Experience, expertise and knowledge particular to the City's needs, in providing
services of a similar nature.
•The skills, education and experience of the respondent (s).
•Local businesses preference. For purposes of selection criteria, local is defined as
having a headquarters or branch office located in either the City of Santa Ana, or
within Orange County.
•References.
•Service Cost/Rates.
Following the review, the City will determine the final number of Respondents to be
included on the list of pre-qualified respondents. The City will notify all respondents of
their pre-qualification status. The top three (3) firms will be awarded a three (3) year
contract.
X.QUESTIONS
Prospective proposers shall direct all questions to:
XI.METHOD OF PAYMENT
Alvaro Nunez, Code Enforcement Manager
Tel. (714) 647-5871
Email: ANunez@santa-ana.org
The Consultant shall submit a monthly invoice to the City for the services rendered in that
month. The invoice shall include a summary as well as a detailed breakdown of the
properties and registration fees collected. Payment by City within 45 days of invoice.
XII.REGULATIONS
The selected consultant shall be expected to comply with all applicable federal, state, city
regulations, and contract provisions.
RFQ: Foreclosure, Abandoned and Vacant Lots and
Structures Registration Program Services
Page 919
EXHIBIT B
REQUEST FOR QUALIFICATIONS (RFQ) FOR
FORECLOSURE, ABANDONED VACANT LOTS
AND STRUCTURE REGISTRATION
PROGRAM SERVICES
RFP # 21-117
CITY OF SANT A ANA, CA
TECHNICAL and COST
PROPOSAL
DEADLINE: OCTOBER 21, 2021 by 5:00 PM
Submitted by:
Property Registration Champions, LLC dba
PROCHAMPS
Mr. Robert Mannarino, CEO
2725 Center Place
Melbourne, FL 32940
(321)421-6639
rmannarino@prochamps.com
TABLE OF CONTENTS
I 1. Letter of Introduction
I Meet the PROCHAMPS Executive Team
I 2. Firm Profile
3.Relevant Experience and Qualifications
Detailed Plan of Proposed Services
Program Maintenance
14.Rate Structure
I s. References
16.Insurance Requirements
Appendix A -Resumes
L. Letter ol' Introduction
VIA ELECTRONIC SUBMISSION
October 21, 2021
City of Santa Ana
Purchasing Department, 4th Floor
20 Civic Center Plaza, Room 429
Santa Ana, CA 92702
Attn: Eva Pierce, Purchasing Agent
Dear Ms. Pierce,
I\ PROCHAMPS
Property Registration Champions, LLC dba PROCHAMPS ("PROCHAMPS") would like to announce its
interest in continuing to manage the project as described in the City of Santa Ana Califo rn ia's ("City"),
"Request for Qualifications (RFQ) for Foreclosure, Abandoned Vacant Lots and Structures
Registration Program Services."
Our "At-Risk" electronic property registration program was developed to directly address all the challenges
communities face when managing these problematic propetiies in their neighborhoods. Our program
solutions have proven to align with the City's scope of services over the past four ( 4) years. We are confident
that our proprietary platform will continue to assist the City in meeting or exceeding its compliance goals.
The undersigned declares that the only person, persons, company, or parties interested in the proposal as
principals are named herein; that the proposal is made without collusion with any other person, persons,
company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or
fraud; and, that the signor of this proposal has full authority to bind the principal proposer.
Again, we are willing and prepared to execute a standard agreement with the City of Santa Ana and will
comply with all terms and conditions outlined in the bid posted on the City's procurement site entitled
Request for Qualifications (RFQ) for Foreclosure, Abandoned Vacant Lots and Structures Registration
Program Services.
Sincerely,
Robert Mannarino, CEO
Propetty Registration Champions, LLC dba PROCHAMPS
2725 Center Place
Melbourne, FL 32940
(321)423-6639
rmannarino@prochamps.com
Meet the PROCHAMPS Executive Team
f" \ . ". -.
Robert Mannarino -CEO - A CEO and Board Director in leading Technology
and BPO firms for over 20 years. He is known for his strategic insight. leadership.
and entrepreneurial ability to grow businesses and create value for customers. Bob
is a graduate of Chicago Booth with an MBA and holds a BS in Computer Science
f rom Union College. He is accredited in Cybersecurity Governance from CERT at
Carnegie Mellon.
Jorge Fernandez -CFO/ Director of Business Strategy for Puerto Rico -
Jorge has 25 years of extensive experience in implementing operations, executing
corporate goals, and establishing/maintaining operating financial controls. Jorge
began his career as part of the assurance practice at Arthur Anderson LLP. Jorge
worked for several privately held and publicly traded companies in aerospace.
technology, health care, and service sectors. Jorge received his BA and MA degree
in Accounting from the University of Florida and is a Ce11ified Public Accountant
(CPA) licensed in Florida.
Stephen Arpaia -Vice President, Legal and Compliance -Steve joined
PROCHAMPS in June 2020 and leads the Legal Team while managing all
compliance operations. Since graduating from Cornell Law School in 1999, he has
served as a strategic legal adviser to numerous companies regarding business
development. government contracting. municipal ordinance drafting, statutory
interpretation, intellectual property issues. and risk assessment and mitigation.
2.Firm Profile
Provide a brief description of your firm's size and organization structure.
Property Registration Champions, LLC dba PROCHAMPS ("PROCHAMPS") was incorporated on
September 12, 2016, as a subsidiary of Community Champions Corporation ("CCC") (incorporated
April 29, 2009) with the sole objective of managing property registries that were previously being
managed under the CCC name and to keep expanding our community partners. On April 1, 2019, we
were recapitalized in a transaction led by Post Capital Management and are now a wholly-owned
subsidiary of Post PROCHAMPS Acquisitions, LLC.
PROCHAMPS LLC, located at 2725 Center Place, Melbourne, FL 32940, has been managing property
registrations for over twelve ( 12) years and grown to an average of fifty (50) employees over the last
four (4) years.
Rclc,·,1nt Experience and Ooalific.ation.s
Provide a description of your firm's relevant experience and qualifications of key individuals that
may be involved in providing Foreclosure, Abandoned and Vacant Lots and Structures
Registration Operations and Management services your firm has completed over the last three
years. Specifically, list any work conducted with governmental entities. Provide resumes for all
key personnel.
Property registration program operations are a combination of experienced people, proven processes,
and leveraged technology. Operational responsibilities are separated into five teams. The five teams
represent specific areas of discipline and expertise:
•Government Support Team (GST)
•Customer Service Team (CST)
•Proactive Compliance Team (PCT)
•Quality Control Team (QCT)
•Information Technology Team (ITT)
The combined efforts of the experts on these teams maximize the benefit of best practice legislation,
proven processes, and our state-of-the-art registration and communication platforms to provide the
most effective, stand-alone foreclosure registry program in existence.
Key personnel who will work directly with the City possess over 30 years of combined experience in
successfully administering property registration programs. These individuals have the education,
qualifications, experience, training, and resources to provide all services necessary to administer the
registration program for the City within the guidelines outlined in this RFQ and as mainly summarized
in Section 111. SCOPE OF SERVICES.
The Key Personnel who are assigned to the City are: L Deanna Morris
Ordinance Policy
Auditor, Senior
Lega olicyTeam
Scott Blasie
Government
Relations/Program
Advisor
[
Michael Baldwin
Senior Solutions
Architect & Systems
Engineer, IT Team
Director, Support
Team
Danielle l<ieselhorst JCompliance
Director,
Compliance Team
Juana "Angel"j
Esindu, Support ----
Our proprietary technology combined with 1 our staff of experienced professionals builds the foundation
for serving community needs and successfully implementing "At-Risk" Property Registration Programs.
Scott Blasie -sblasie@prochamps.com Government Relations Director
Scott is an experienced Relationship Director with a demonstrated history of
working with Government staff and elected officials. His professional Customer
Service background and 27-year tenure in Public Service as a Code Enforcement
Director give him the insight needed to mentor our team as it fosters ongoing
relationships with current community partners and prospective partners. Scott
mentors and guides the team to ensure the highest level of service through regular
touchpoints with the City, effective communication and reporting, and team
collaboration.
Scott is a solid consulting professional with a BA in Business Administration, Management, and
Operations from Lynn University Boca Raton, FL.
Deanna Morris -dmorris@prochamps.com Legal Support Team Manager
Manager of the Legal Support Team, Deanna Morris, started with PROCHAMPS
in 2016 as the Manager of the Policy Team. She leads her team in reviewing
ordinances nationally as well as a review of currently partnered communities
regularly. She is a proven reviewer and trainer who assists in obtaining
requirements from ordinances and the communities that wish to maintain the best
possible environment for their citizens. Communication with City staff, leaders,
and associated attorneys is an integral part of the process for Deanna, further
ensuring the understanding within the partnership and proper implementation of
the ordinance policies.
Our in-house legal team collaborates with the City's legal counsel to ensure proper application of
the ordinance and provides all policies, terms, and conditions that reconcile with City expectations.
The legal team confirms that our business rules are correctly configured for use by our platform and
compliance team to determine the registration obligation for the pursuit of compliance and, if necessary,
enforcement actions by the City. The team also reviews registration results and responsible party
participation in determining improvements to "best practices" that an ordinance may contain and
communities may practice to maximize ongoing ordinance effectiveness and benefits to the City.
Daniella Kieselhorst dkieselhorst@prochamps.com Compliance Director
Danielle has a broad knowledge of property preservation, default servicing, and risk
analysis. During her tenure with Wells Fargo, she shaped processes and procedures,
interpreted registration ordinances, handled escalated issues, and built relationships
with communities. Danielle's background has enabled her to lead the Compliance
Team by confirming that the platform collects and analyzes all available evidence to
create a registration obligation. When necessary, research and confirm evidence to
ensure an accmate understanding of the registration obligation and pw-sue ongoing
compliance of every property with evidence of an obligation to register.
Juana (Angel) Esindu aesindu@prochamps.com Customer Support Director
As Support Director, Angel's daily endeavor is to be a company-wide catalyst to
recognize and promote excellence in the customer experience while driving continuous
improvement. She also inspires and influences change in the perspective of front-line
customer service both internally and externally. From this platform, we can assist with
building better communities, help fight blight, and assist in protecting the public's
health, safety, and welfare.
The primary function of the Support Team is to resolve all customer issues swiftly and
professionally. Angel's team works with both Governmental staff and responsible parties across all our
partnered communities through every aspect of the registration program and every phase of the
registration process. Angel's commitment to service is evident in her team's active involvement in all
customer-related issues and collaborative approach to bringing every challenge to a positive result for the
community.
Michael Baldwin mbaldwin@prochamps.com Sr. Solutions Architect I Systems Administrator
Mike's team is responsible for building and maintaining our best-in-class, cloud-
based property registration platform. Mike has spearheaded several projects at
PROCHAMPS, including implementing a network infrastructure at the corporate
and satellite offices to include servers, phones, and the internet. fn addition, Mike
is the solutions architect/project manager for several critical business web
applications, including the "At-Risk" and Short-Term Rental identification
platform.
Mike's team ensures that all data sources available to the City are integrated into the platform and updated
regularly for analysis. The team also provides custom integration capability allowing registration data to
be incorporated into the City systems automatically.
3.Relevant Experience and Qualifications .. continued
2019
Martin County, FL
Long Beach, NY
Riverhead, NY
St. Augustine, FL
St. Johns County, FL
Lake Clarke Shores, FL
Cheney, WA
Wenatchee, WA
Beach Park, FL
Bolingbrook Village, IL
Burbank Village, IL
Chicago Heights, IL
East Peoria, IL
Crest Hill, IL
Flossmoor Village, IL
!Harvey, IL
Harwood Heights Village, IL
Midlothian Village, IL
Orland Hills Village, IL
Phoenix Village, TL
Quincy, [L
Richton Park Village, IL
!River Grove Village, IL
Sauk Village, IL
Schiller Park Village, IL
Steger Village, IL
!Tinley Park Village, IL
Waukegan, IL
West Peoria, IL
Chicago Heights, IL
Homer Glen, IL
Fox Lake Village, IL
bcean Gate Borough, NJ
tamden, NJ
Eastampton Township, NJ
Maplewood Township, NJ
Maple Shade, NJ
Bloomingdale, NJ
Shamong Township, NJ
Paramus NJ
!Hempstead Village, NY
Oyster Bay, NY
0enfield, NY
2020
lfopeka, KS
Springfield, OH
Little Falls Township, NJ
Elizabeth Twp, PA
IN01ih Chicago, IL
Forest Park, OH
Peoria, IL
Middletown, OH
Racine, WI
Pompton Lakes Borough, NJ
!Kent (town), NY
Bellmawr, NJ
Lockport, IL
I.Jersey City, NJ
Glenwood Village, [L
If own oflslip, NY
!Netcong, NJ
Sturtevant, WI
Matteson, IL
Rock Island City, IL
!Newark, NJ
Orland Park, TL
!Hamilton City, OH
!Niles Village, IL
!Berkeley Twp, NJ
2.021
Hanna City Village, IL
Salina, NY
Bridgeview Village, IL
Glen Cove City, NY
Brookhaven Town, NY
Smithtown, NY
Little Egg Harbor Twp. NJ
Upper Darby, PA
Boonton, NJ
Penbrook Borough, PA
!Riverside City, OH
Margate, FL
Calumet City, IL
Litchfield, IL
Southampton, NY
Edgewater, FL
Today, we have approximately 280
partnered communities to whom we
provide similar services. Included
here is a list of communities we
have contracted with in the past
three (3) years.
Please see# 5. References.
Detailed Plan of Proposed Services
Contact
Monitor Collect
Enforce
Our proprietary technology, experienced, professional staff, and optimized processes will continue
providing the successful identification, regulation, monitoring, and outreach of at-risk properties that
meet each participating municipality's enacted ordinances or as amended from time to time. Some key
capabilities include:
Identify
We utilize data such as city and county records, public filings, utility bills, census data, and
more to identify the responsible parties for all at-risk properties.
@· We notify all responsible parties of their obligation to register and will supply the community
with all the most up-to-date contact information to be used for future compliance outreach.
Contact
@· Collect and remit all fees, fines, and late fees to the City mid-month for the previousmonth,
less the agreed administrative fees.
Collect
Enforce
Monitor
We provide Enforcement Reports which allow the community to cite, fine, or begin the
enforcement or code violation process. We also reconcile registrations collected by each
municipality to determine non-compliant listings.
•We monitor for all identified "at-risk" properties, accurate and current responsible party
contact information.•We view current property risks and compliance status and analyze property risk trends.
-• •
We provide the City with easy-to-use reports that can be viewed, customized, and downloaded\e,J on demand by the City at any time.
support • We provide ongoing support to responsible parties and City staff via web meetings, tutorials,
training, phone, support tickets, and live chat on the website.
[i]Program Maintenance
As current pa1tners with the City of Santa Ana, we will continue the maintenance phase of the program
activities. The activities making up the ongoing fulfillment effort include, but are not limited to:
•Identify "At-Risk" Properties•We continually collect "at-risk" property evidence within the municipality to determinenew
potential obligations to register.
•The Compliance Team reviews filings to identify any potentially "at-risk" properties.•The Compliance Team proactively reviews the deregistration of any property to ensure the
public record accuracy and confirm there are no compliance concerns or ongoing obligations
to register.
•The initial filing date is confinned to ensure the appropriate start date of the foreclosure action cr
registration and collect any past-due registration fees. This review prevents responsible parties
from bypassing any past-due registration obligations.
•Monitor and Regulate" At-Risk" Properties•We use all available data to identify and analyze "at-risk" properties on an ongoing basis for
any ownership changes, compliance concerns, and registration changes.•We ensure accurate and current responsible party contact info for all identified "at-risk"
properties for compliance outreach activities.•We send notifications to all responsible parties of each "at-risk" property. These notifications
repeat regularly until the property is compliant.•Registrants have 24/7 access to any modern browser or mobile device to update or
complete the registration process and ensure their property meets regulatory standards.
•Upon request, we provide a simple and mobile-friendly capability for citizens to report
property complaints. These complaints are reported to the responsible party and the City for
resolution and possible enforcement.•We provide the City with current and trend metrics on all "at-risk" property enforcement
activities.•We provide the City with requested reports and data regarding "at-risk" properties.
•Provide City and Municipal Support•The Support Team provides the City staff with a high level of ongoing professional support via
email, phone, and livechat.
•All support requests are tracked as tickets to ensure efficient resolution, including monthly
audits for quality control purposes.•Our technology provides the City with complete visibility into the status and resolution of all
support tickets for the City.
•Provide Training•We provide the City with ongoing platfonn and program training for all designated employees.•We conduct customized online training upon request.
•Conduct Regular Program Status Reviews•Our Support Team completes periodic outreach to ensure expectations are met, communication
and reporting are effective, and collaborates as necessary.
4.Rate Structure
We will continue to charge a fee of $100 per registration collected. We shall continue to send payment to
the City to the person designated by the City and as instructed in this RFP no later than the fifteenth (15tl 1)
of the following month along with a monthly remittance report.
It should be noted that if there ever is a fee required for public/official record data acquisition integral to
the performance of the scope of work required under the terms and provisions of this contract, those
charges shall be deducted from the remittance for the actual costs of said charges or subscriptions. If said
charges or subscription fees are for the entire county, the fee shall be divided equally between all the
communities partnered with us within the county at that time. If there is a change in the number of
communities pa11nered with us in the county, during the contract period, the county public record access
fee will be adjusted accordingly to maintain an even cost sharing by all communities within the county.
Rate
Santa Ana
$1,132.85
l : ,.. :· .:111 1 ; \ I r
. PRC Total
$100 $1,232.85
'.., .I ..
5.References
i6j$'NT A public/private partnership was created with the City of Spokane, WA, in September 2016
to operate the City's foreclosure registry. In the first 6-months of the contract with Spokane,
we collected close to 900 registrations. Since the beginning of our partnership, we have
collaborated with Spokane to register nearly 4,000 properties.
Community Partner Since 2016 City of Spokane, WA-Local Government Entity
Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support
Contact Person Jason Ruffing
Title Neighborhood & Housing Specialist
Telephone Number (509)625-6529
Email Address iruffi ng@si;ioka necity. org
Our service agreement is a structure based on compliance. The City of Spokane, WA, has a current and ongoing contract
partnership.
A public/private partnership was created with the City of Elizabeth, NJ, in October 2015
to operate the City's vacant and foreclosure registry. In the first 12-months of the contract
with Elizabeth, NJ, we collected over 4000 registrations, more than doubling what the
City was tracking to complete. Since that time, we have collaborated with Elizabeth,
NJ, to register nearly 11,000 properties.
Community Partner Since 2015 City of Elizabeth, NJ -Local Government Entity
Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support
Contact Person Eduardo Rodriquez
Title Director, Department of Planning & Community Development
Telephone Number (908)-820-4160
Email Address erodriguez@elizabethnj.org
Our service agreement is a structure based on compliance. The City of Elizabeth, NJ, has a current and ongoing contract
partnership.
A public/private partnership was created with the City of Jacksonville, FL, in 20 IO to
operate the City's vacant and foreclosure registry. In the first 12-months of the contract
with Jacksonville, FL, we collected over 9000 registrations, more than tripling what the
City was tracking to complete. Since that time, we have collaborated with Jacksonville,
FL, to register close to 81,000 properties.
Community Partner Since 2010 City of Jacksonville, FL-Local Government Entity
Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support
Contact Person Robert Ownby
Title Housing Property Administrator
Telephone Number (904)-255-8283
Email Address rownby@coi.net
Our service agreement is a structure based on compliance. The City of Jacksonville, FL, has a current and ongoing contract
partnership.
insurance Reguire1nents
We continue to provide all required insurance kept current and renewed annually. We understand that the
certificate of insurance must be approved by the City Attorney and verified by the City Risk Management.
_ I '' Ii·
PROCHAMPS -RFQ 21-117 -FINAL
RESPONSE -CS.edited
Final Audit Report 2021-10-20
Created: 2021-10-20
By: Catherine Shiflett (cshiflett@prochamps.com)
Status: Signed
Transaction ID: CBJCHBCAABAAkBzFyaElsZeBtEQyHex-CV0KLaXKg9d0
"PROCHAMPS -RFQ 21-117 -FINAL RESPONSE -CS.edited"
History
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