HomeMy WebLinkAboutReso 2020-3120RESOLUTION NO. 2020 - _112c0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT
WITH GRANICUS, LLC FOR SHORT-TERM RENTAL COMPLIANCE
MONITORING AND ENFORCEMENT, IN AN AMOUNT NOT TO
EXCEED FORTY-NINE THOUSAND NINE HUNDRED NINETY-FIVE
DOLLARS ($49,995.00); AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City was in need of a firm to provide short-term rental compliance
monitoring and enforcement services ("Services"); and
WHEREAS, on May 17th, 2018 via Resolution No. 2018-2820, the City Commission
approved an agreement with Host Compliance, LLC. to provide the desired Services; and
WHEREAS, on November 8, 2019, Host Compliance, LLC. became a part of Granicus,
LLC ("Granicus"); and
WHEREAS, Granicus expressed the desire and ability to provide the same Services to
the City; and
WHEREAS, June 2nd, 2020, the City Manager exercised his authority and entered into
an agreement with Granicus to continue providing the desired Services, in an amount not to
exceed Forty -Nine Thousand Nine Hundred Ninety -Five Dollars ($49,995.00); and
WHEREAS, the City Commission now wishes to ratify the Agreement with Granicus,
LLC. for short-term rental compliance monitoring and enforcement services, in an amount not to
exceed Forty -Nine Thousand Nine Hundred Ninety -Five Dollars ($49,995.00), attached hereto as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Agreement. The City Commission hereby ratifies the Agreement
with Granicus, LLC. for short-term rental compliance monitoring and enforcement services, in
an amount not to exceed Forty -Nine Thousand Nine Hundred Ninety -Five Dollars ($49,995.00),
attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th dayof O o er 2020.
George H. Scholl, Mayor
R2020 Ratify Agmt W Granicus For STR Compliance Monitoring Page 1 of 2
,ib Bet ncur, CMC, City Clerk
OVED AS TO -FORM AND
® Edward A. Dion, City Attorney
V l��
Moved by: �f i"' 6� '2)U��41tj Seconded by:
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin � (Yes) (No)
Commissioner Goldman —7 -(Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2020 Ratify Agmt W Granicus For STR Compliance Monitoring Page 2 of 2
yyNY q'
ops F�8 City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
o' s N Laos (305) 949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia C. Hasbun, AICP, Planning and Zoning Director
DATE: 10/15/2020
RE: Agreement with Granicus for Short Term Vacation
Rental Compliance Monitoring and Enforcement
RECOMMENDATION:
This Resolution is recommended for approval.
REASONS:
This is ratification of a new agreement with Granicus, LLC which has
acquired the previous company used to performs Short -Term Vacation
Rental monitoring for the City, Host Compliance LLC. The fee and
terms are to be maintained as with previously approved. The annual
fee remains at $49,995.00 and this agreement is to expire on June 2,
2021.
We are currently monitoring 1,528 residential units actively
advertising, which 57.9% has a full address identified.
ATTACHMENTS:
Description
Resolution
Address Identification Dashboard
Agreement
Item Number: 10.C.
10/6/2020 Host Compliance Dashboard
0 _
l Address Identification Dashboard
Address Identification Dashboard - Multifamily View
1,528
STR Rental Units in or near Jurisdiction
33
STR Rental Units Added Last Month
0 Ipeterburg
•
•
•
•
https://app.hostcompliance.com/dashboard/address-identification-v2 1/1
HOST COMPLIANCE
nrnvapart of G ORANICUS
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - P
Host Compliance Services Agreement
June 2nd
THIS SERVICES AGREEMENT (the "Agreement") is entered into as of DQ V)� X,, 2020 (the "Effective Date"), between
Host Compliance LLC, ("Host Compliance") and City of Sunny Isles Beach, with an address at 38070 Collins Avenue,
Sunny Isles Beach, FL 33160 (the "Customer"). This Agreement sets forth the terms and conditions under which Host
Compliance agrees to license to Customer certain hosted software and provide all other services necessary for
Customer's productive use: of such software (the "Services".) as further described in the attached Schedule 1.
10 Services.
1.1 Subscriptions. Unless otherwise provided in the attached Schedule d, (a) Services are purchased as
subscriptions, (b) additional service subscriptions maybe added during asubscription term, with the
pricing for such additional services, prorated for the portion of that subscription term remaining at the
time the subscriptions are added, and (c) anyadded subscriptions will terminate on the same date as
the underlying subscription.
1.2 Provision of Services, Customer and Customer's end-users ("End Users") may access and use the
Services and any other Services that may be ordered by the Customer from time to time pursuant to a
valid subscription in accordance with the terms of this Agreement.
1.3 Facilities and Data, Processing, Host Compliance will:use, at a. minimum, industry standard technical
and organizational security measures to store data provided by Customer, or obtained by Customer
through the use of the Services ("Customer Data"). These measures are designed to protect the
integrity of Customer Data and guard against unauthorized or unlawful access.
1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host
Compliance updates the Services in a manner that materially improves functionality, Host Compliance
will inform the Customer.
20 Customer obigations.
2.1 CustomerAdministration of the Services. Host Compliance' responsibilities do not extend to internal
management or administration of the Services. Customer is responsible for; (i) maintaining the
confidentiality of passwords and accounts; (ii) managing access to Administrator accounts; and (iii)
ensuring that Administrators' use of the Services complies, with this Agreement.
2.2 Compliance. Customer is responsible for use of the Services and will comply with laws and regulations
applicable to customer's use of the Services, if any,
2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services and terminate any
unauthorized use of or access to the Services. Customer will promptly notify Host Compliance of any
unauthorized use of or access to the Services.
2.4 Restricted Uses. Customer will not and will ensure that its End Users do not (i) sell, resell, or lease the
Services; or (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to
do so.
www.hostcompliance.com 1 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102
HOST COMPLIANCE HOST COMPLIANCE, LLC
navapand ORANICUS Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - P
2:5 Third Party Requests.
2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's
or an .End User's use of the Services including information regarding an End User. Third
Party Requests may include valid search warrants, court orders, or subpoenas, or any other
request for which there is written consent from. End Users permitting a disclosure. This
contract shall be subject to Florida Public Records Laws, pursuant to Section 119, Florida
Statutes.
2.5.2 Customer is responsible for responding to. Third Party Requests via its own access to
information policies. Customer will seek to obtain information required to respond to Third
Party Requests and will contact Host Compliance only if it cannot obtain such information
despite diligent efforts.
2,5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable
efforts, to the extent, allowed by law and by the terms of the Third Party Request, to: (A)
promptly notify Customer of Host Compliance's receipt of a Third Party Request, (B) comply
with Customer's reasonable requests regarding efforts to oppose a Third Party Request; and
(C) provide Customer with information or tools required for Customer to respond .to the
Third Party Request '(if Customer is otherwise unable to obtain the information).
2.5.4 If Customer receives a Third PartyRequest for.access to the Services, or descriptions,
drawings, images or videos of the Services' user interface.. Customer will make. reasonable
efforts, to the extent allowed by and by the terms of the Third Party Request, to (A)
promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B)
comply with Host Compliance's reasonable requests regarding efforts to oppose a Third
Party Request; and (C) provide Host Compliance with information required for Host
Compliance to respond to the Third Party Request. If Host Compliance fails to promptly
respond to any Third Party Request, then Customer may, but will not be obligated to do so.
3.0 Intellectual Property Rights; Confidentiality
3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host
Compliance any intellectual Property f Rights in the Customer'Data or (ii) Customer any Intellectual
Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance
trademarks and brand features, or any improvements, modifications or derivative works of any of the
foregoing. ''Intellectual Property Rights" means current and future worldwide rights under patents,.
copyright, trade secret, trademark, moral rights and other similar rights.
3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate
into its products and services, and license and sub -license, any feedback, comments, or suggestions
Customer or End Users send Host Compliance or post in Host Compliance' online forums without any
obligation to Customer.
3.3_0nfidential Information. Customer understands and agrees that it will not reveal, publish or
otherwise disclose to any person, firm or corporation, without written authorization of Host
www.hostcompliance.com 2 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102
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}RHOST COMPLIANCE HOST COMPLIANCE, LLC
nmvapart of GoRArvicus Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 -P
Compliance, or except as required by law, including trade secrets, confidential knowledge, data or
other proprietary information relating to the Services. "Confidential Information" means all
information, written or oral, relating to the business, operations, services, facilities, processes,
methodology, technologies, intellectual property, research and development, customers, strategy or
other confidential or proprietary materials of Host Compliance. Notwithstanding the foregoing, Host
Compliance shall be required to produce any document which is subject to disclosure under Florida
Public Records Law.
4.0 Fees & Payment.
41 fees.
4.1.1 Customer will pay Host Compliance for all applicable fees with 50/ of fees due on effective
date and 50% due 6 months from effective date.
4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on
the applicable invoice. Unless otherwise indicated, all dollar amounts referred to in the
Agreement are in U.S. funds.
4.1.3 Customer acknowledges that while it may choose to delay the implementation of the
Services, this is nota valid reason for withholding payment on any invoices. Furthermore,
the Customer will 'not withhold payment:on any invoices for any other reason.
4.11.4 Except as expressly provided on Schedule 1, renewal of promotional or one-time priced
subscriptions will be at Host Compliance's applicable list price in effect at the time of the
applicable renewal. Unless Host Compliance provide Customer notice of different pricing at
least 75 days prior to the applicable renewal term, the per unit pricing during any renewal
term wIll 'increase by the larger of the 12 -Month Consumer Price Index (not seasonally
adjusted), as published by the United States Department of Labor, or five (5) percent.
Notwithstanding anything to the contrary, any renewal in which the number of monitored
short-term rental listings has increased or decreased from the prior term will result inre
pricing at renewal without regard to the prior term's per-unit pricing.
4.2 Purchase Orders. If Customer requires the use of a purchase order or purchase order number,
Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms
and conditions on a Customer purchase order will not apply to this'Agreement or the Services provided
hereunder and are null and void.
5.0 Term & Termination.
5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which
may be renew for a further period of :one year by mutual agreement ofthe parties upon each expiration
of the then current term, unless either party provides written notice to the other party of it intention
not to renew at least 45 days prior to the end of the then current term.
5.2 Termination for Breach: A party may terminate this Agreement for cause upon 45 days written notice
to the other party of a material breach if such breach remains uncured at the expiration of such period.
www.hostcompliance.com 3 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102
HOST COMPLIANCE HOST COMPLIANCE, LLC
nmvaport Qr oRANicus -Short-term Rental Compliance Monitoring and Associated Services
H CSA - 5-5-2016 - P
5.3 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in
accordance with Section 5.2 (Termination for Breach), Host Compliance will refund Customer any
prepaid fees covering the remainder of the term of all Subscriptions after the effective date of
termination. If this Agreement is terminated by Host Compliance in accordance with Section 5.2
(Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the
Agreement. In no event will Customer's termination after the first 6 months relieve Customer of its
obligation to pay any fees payable to Host Compliance for the period prior to the effective date of
termination.
5.4 Effects of Termination for Breach. If this Agreement is terminated in accordance with Section 5.2
(Termination for Breach): (i) the rights granted by Host Compliance to Customer will cease immediately
(except as set forth in this section); (ii) Host Compliance may provide Customer access to :its account at
then -current fees so the Customer may export its Customer Data; and (iii) after a reasonable period of
time, Host Compliance may delete with consent of Customer any Customer Data relating to Customer's
account. The following sections will survive expiration or termination of this Agreement: 2.5 (Third
Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.3 (Refund
or Payment upon Termination for Breach), 5.4 (Effects of Termination for Breach), 6.0
(Indemnification), 7.0 (Exclusion of Warranties; Limitation of. Liability), and 8.0 (Miscellaneous).
6.0 Indemnification.
6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and
against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees)
arising out of any claim by a third party against Customer to the extent based on an allegations that
Host Compliance' technology used to provide the Services to the Customer infringes or misappropriates
any copyright, trade secret; patent or trademark right of the third party. In no event will Host
Compliance have any obligations or liability under this section arising from: (i) use of any Services in a
modified form or in combination with materials not furnished by Host Compliance and (ii) any content,
information, or data provided by Customers, End Users, or other third parties.
6.2 By Customer. Customer will indemnify, defend, and hold harmless Host Compliance to the extent
permitted by Section 768.28, Florida Statutes from and against all liabilities, damages, and costs
(including settlement costs and reasonable attorney's fees) arising out of';Roy claim by a third party
against Host Compliance regarding: (i) Customer Data; (li) Customer's use of the Services in violation of
this Agreement; or (iii) End Users' use of the Services in violation of this Agreement.
63 Possible Infringement, If Host Compliance believes the Services infringe or maybe alleged to infringe a
third party's intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at
Host Compliance' expense, to continue using the Services; (ii) provide a non -infringing functionally
equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If
Host Compliance does not believe the options described in this section are reasonable then Host
Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services
www,hostcompliance.com 4 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102
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HOST COMPLIANCE
Amy a Port of` 13RANICUS
HOST. COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA 5-5-2016-P
with no further liability Or Obligation to the Customer other than "the obligation to provide the Customer
with a pro -rata refund of pre -paid fees for the affected portion,of the Services.
6.4 General. The party seeking indemnification will promptly notify the other party of the claim and
cooperate with the other party in defending the claim. The indemnifying party will have full control .and
authority over the defense, except that: ;(i) any settlement requiring the party seeking indemnification
to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the
other party may join in the defense with its own counsel at its own expense. The indemnities above are
Host Compliance' and Customer's only remedy under this Agreement for violation by the other party of
a third party's Intellectual Property Rights.
7.0 Exclusion of Warranties, Limitation of Liability.
7.1 Exclusion of Warranties. Except as explicitly set forth in this Agreement, Host Compliance makes no
other representation, warranty or condition, express or implied, and expressly excludes all implied or
statutory warranties or conditions of merchantability, merchantable quality, durabilityorfitnessfora
particular purpose, and those arising by statute or otherwise in law orfrom a course of dealing or usage
of trade with respect to the Services. Host Compliance does not make any representations or
warranties of any kind to client with respect to any third party software forming part of the Services
7.2 Limitation on Indirect Liability. To the fullest extentpermitted by law, except for Host Compliance and
Customer's indemnification obligations hereunder, neither Customer nor Host Compliance and its
affiliates, suppliers, and distributors will be liable under this Agreement for (i) indirect, special,
incidentai, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenue, or
profits (in each case whether direct or indirect), even if the party knew or should have known that such
damages were possible and even if a remedy fails of its essential purpose.
7.3 Limitation on Amount of Liability. To the fullest extent permitted by law, Host Compliance' aggregate
liability under this Agreement will not exceed the amount paid by Customerto Host Compliance
hereunder during the twelve months prior to the event giving rise to liability.
8.0 Miscellaneous.
8.1 Terms' Modification.. Host Compliance may wish to revise this Agreement from time to time, 1f a
revision, in Host Compliance' sole discretion, is material, Host Compliance will notify Customer and
possibly request that an Amendment to this Agreement be agreed upon and signed. if Customer does
not agree to the revised Agreement terms, Customer may terminate the Services within 30 days of
receiving notice of the change,
8.2 Entire Agreement. The Agreement including the invoice and order form. provided by Host Compliance,
constitutes the,entire agreement between Customer and Host Compliance with respect to the subject
matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the subject matter of this Agreement. if
there is a conflict between the documents that make up this Agreement, the documents will control in
the following order: this Agreement, then the invoice, then the order form.
www.hostcompliance.com 5 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102
14 go"z'rHOST COMPLIANCE HOST COMPLIANCE, LLC
nmyopartof osAN.icus Short-term Rental.Compliance'Monitoring and Associated Services
HCSA - 5-S-2016 - P
8.3 Governing Law. This Agreement will in all respects be governed exclusively by and construed in
accordance with the laws of the State of Florida.
8.4 Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the
extent necessary to make them enforceable, and the remaining provisions of the Agreement will
remain in full effect,
8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will
not create a continuingwaiver or any expectation of non -enforcement:
8.6 Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under
this Agreement without the written consent of Host Compliance, Host Compliance may .not assign this
Agreement without providing notice to Customer, except Host Compliance my assign this Agreement or
any rights or obligations under this Agreement to an affiliate or in connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing
notice. Any other attempt to transfer or assign is void.
8.7 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable
for inadequate performance to the extent caused by a condition that was beyond the party's
reasonable control{for:example, natural disaster, act of war or terrorism, riot, labor condition,
_ governmental action and Internet disturbance).
8.8 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any "piggybacking"
programs pertinent to local government.
IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date.
City of Sunny Isles Beach by its authorized signatory:
Name: 2/, �QGlS50
Title: C/Tl' /L1 A.9tV
Date: 6 2 ZO2
Host Compliance
by its authorized
Name: Mark Hynes
Title: Chief Executive Officer
Date: 6/2/2020
Billing Contact: IlewGz-124 &�I q h; Account Executive: Helene Gaglioti
Will n Email: qC 'ou n a ab/ c�5/�,.
g P ��- Account Executive Email Helene.gaglioti@hostcompliance.com
Billing Direct Phone: i,305-- q2 ' 7�'0 Account Executive Phone: 415-529-6291
www.hostcompliance.com 6
Tel: (754) 888 -HOST (4678)
408 St. Peter Street, Suite 600
St. Paul, MN 55102
HOST COMPLIANCE
navapart d IG`ORANICUS
Schedule l
Scope of Services:
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 8>5-2016 - P
Address identification
Monthly email -delivered report and live web -delivered dashboard with complete address information and
screenshots of all identifiable STits in City of Sunny isles Beach's jurisdiction:
• Up-to-date list of jurisdiction's active STR listings
• High resolution screenshots of all active listings (captured weekly)
• Full address and contact information for all identifiable STRS in jurisdiction
• All available listing and contact information for non -identifiable STRs in jurisdiction
• Collaborative approach to help Sunny Isles beach achieve 30% compliance targets
• Scope of services is to include a collaborative approach to achieve 70% of full addressidentification (to
the unit number) on unique STR rental units.
Total Annual Subscription Service Price
$49,995
www,hostcompliance.com 7 408 St. Peter Street, Suite 600
Tel: (754) 888 -HOST (4678) St. Paul, MN 55102