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HomeMy WebLinkAboutReso 2025-3773RESOLUTION NO. 2025 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH DECKARD TECHNOLOGIES, INC. FOR SHORT-TERM RENTAL ACTIVITY DATA AND COMPLIANCE SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY-NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($49,900.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a firm to provide short-term rental activity data and compliance services (the "Services"); and WHEREAS, in accordance with the informal competitive bidding requirements set forth in Sections 62-6 and 62-7 of the City's Code of Ordinances, City staff sought three (3) quotes from qualified vendors; and WHEREAS, Deckard Technologies, Inc. (the "Firm") was the only contractor to submit a quote expressing the desire and ability to provide the same Services to the City, and was selected ache responsible and responsive bidder; and WHEREAS, the City Commission wishes to approve an Agreement with the firm to provide the desired Services, in an amount not to exceed Forty -Nine Thousand Nine Hundred Dollars and No Cents ($49,900.00), 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. Approval of Agreement. The City Commission hereby approves the Agreement with Deckard Technologies, Inc. to provide short-term rental activity data and compliance services, in an amount not to exceed Forty -Nine Thousand Nine Hundred Dollars and No Cents ($49,900.00), 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 16th day of J uary, 20 S. Larisa Svechin, Mayor @BCL@580C3548.doc Page 1 of 2 ATTEST '+ MauriAo Betancul, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Iain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: l�/�i�/SS/p/V�2 Seconded by: �O�L/�/�S/l�/i%�� �//Sem .JPSFPf1' Vote: Mayor Svechin (No) Vice Mayor Lama �(Yes) (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant(Yes) (No) Commissioner Viscarra ,/ (Yes) (No) @BCL@580C3548.doc Page 2 of 2 185 OSUNNY /g m V t AGREEMENT BETWEEN THE CITY OF SUNNY ISLES _ BEACH AND DECKARD TECHNOLOGIES, INC. P CONTRACT NO. 2024-7653 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 30 day of January, 2025, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and DECKARD TECHNOLOGIES, INC., a foreign corporation authorized to do business in the State of Florida, whose Federal Employer Identification (FEI) No. is 83-0532773 (hereinafter referred to as "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to provide activity data and compliance services for short-term rental properties operating in the City ("Services"); and WHEREAS, Contractor has been satisfactorily providing activity data and compliance services for short-term rental properties for the City continuously since 2022; and WHEREAS, in accordance with the informal competitive bidding requirements set forth in Sections 62-6 and 62-7 of the City's Purchasing Code, the City obtained three (3) quotes, pursuant to which Contractor submitted a response thereto; and WHEREAS, Contractor was the only Contract to submit a quote and was selected as a responsible and responsive bidder; and WHEREAS, Contractor is qualified, willing and able to provide the Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the desired Services for a total amount not to exceed Forty -Nine Thousand Nine Hundred Dollars and No Cents ($49,900.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the Parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, and the Contractor's proposal, attached hereto as Attachment "A;" 3. SERVICES. Contractor shall provide the Services, including but not limited to, providing activity data and compliance services for short-term rental properties for the City, as more particularly described in Attachment "A," pursuant to the terms and conditions set forth in this Agreement. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth herein, the term of this Agreement shall for a term of two (2) years, commencing upon the full execution of this Agreement. The terms of Section 10, entitled "Indemnification and Waiver of Liability," and Section 17, entitled "Compliance with Law," shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement, in an amount not to exceed Forty -Nine Thousand Nine Hundred Dollars and No Cents ($49,900.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with Attachment "A," under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Contractor shall submit invoices to the City. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. D. Final Invoice. In order for both Parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the Parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. B. Worker's Compensation, as required by state law. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor for all unused funds. If Contractor fails, refuses or is unable to perform any term of this Agreement, the Contractor shall immediately return all unused funds to the City as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(1) and 8A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to the expiration or termination of this Agreement disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 10. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All Parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either parry may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Nickolas Del Pego, President Contractor: 1620 5th Avenue, Suite 400 San Diego, California 92101 Tel: (949) 701-0501 nick@deckard.com 13. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411 Floor, Sunny Isles Beach, Florida 33160. DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachment "A." 19. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 20. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C." 21. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "D," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. DECKARD TECHNOLOGIES, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 22. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the Parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the Parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parry granting such waiver. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate on the day and year entered above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] DECKARD TECHNOLOGIES, INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax DECKARD TECHNOLOGIES, INC. By: /I/ickalas RAcf.an Del Peya Nickolas Del Pego President STATE OF Florida COUNTY OF Highlands The foregoing instrument was acknowledged before me by means of ❑ physical presence or 21 online notarization, this 30th day of January 2025, by Nickolas Del Pego, as President of Deckard Technologies, Inc. (SEAL) CHRIS ALLEN ADAMS JR. Notary Public - State of Florida so ;:QQ Commission # HH276803 %i 9r' •. q. �� Expires on June 18, 2028 4� Notary Public, State of Florida (Signature of Notary Public) Chris Allen Adams Jr. HH276803 (Print, Type, or Stamp Commissioned Name of Notary Public) 06/16/2026 Personally Known or Produced Identification X Type of Identification Produced: DRIVER LICENSE Notarized remotely online using communication technology via Proof. 4 ATTEST- CITY OF S NY I LES BEACH a :• Mauri io Betanc CMC Oitv Clerk Department Head Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ' Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney DECKARD TECHNOLOGIES, INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A DECKARD TECHNOLOGIES, INC. 11 I \ v4-flti Year FOR December 2, 2024 Stacey Kurtz SE Director of Sales (407) 342-5029 stacey@deckard.com RENTALSCAPE presented by engineered by (? RENTALSCAPE +> HU�l I Av,kA-', J100 m RENTALSCAPE Table of o n t e n t s Executive Summary.. ........................................................... References........................................................................... Proposed products....................................................:........ Pricing Proposal................................................................... Optionalproducts................................................................ M! .............................................................................. 6 .............................................................................. 7 .............................................................................10 .............................................................................11 3 (3 RENTALSCAPE 0 i ve s u rT­n � � ry Rentalscape short-terrn rental Irk 8)t monitoring platform Deckard Technologies utilizes data science expertise to assist local governments with managing their compliance activity and enforcement, such as short-term rental (STR) properties. Our technology ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes. To accurately track activity within Sunny Isles Beach, the Rentalscape platform identifies the exact address of the STR listings within the City limits, enabling accurate display of STR activity within the City and within community districts. Rentalscape groups listings and calculates statistics on a per -property basis. By mapping the exact location of properties, Rentalscape avoids double -counting activity. Knowing the exact location of STR properties enables compliance, enforcement, tax collection and complaint management activities. About Rentalscape Deckard`s Dashboard management platform for STR will discover, identify, and efficiently present all STR activity in Sunny Isles Beach, using unique technical capabilities such as its proprietary future booking detection software, automatic non-compliance recognition, industry -best address identification. Ybl Y •101 hlow � Y.�ry �3.14���' Avr�Oe O.Nv O+le i.anakn! I' 1 1iI I Figure 1: Rentalscape Property Card Rentalscape is the only platform that shows upcoming rentals and bookings as they occur within 24 hours of the reservation being made. This allows Rentalscape users to reach out to owners and hosts who are unlawfully renting and address any issues relating to these future rentals long before guests arrive, thereby eliminating disturbances, neighbor complaints and other common issues that often arise from illegal rentals. 0 Address Sites Monitored 4Bookings, Cost, Occupancy ' R Host Revenue P� Average Daily Rate 4 RENTALSCAPE Rentalscape maintains a database of every booking and stay made on all major platforms. Our system contains information dating back to late 2019 for every STR in Sunny Isles Beach. All data can be viewed interactively on the Rentalscape portal with unlimited user access and downloaded on demand in Microsoft Excel format. Rentalscape dashboard map view shows the exact location of all STR activity, includes districts as defined by the City and displays individual property information and aggregate statistics on a per district basis. Rentalscape presents detailed STR activities including the precise address, owner information, booking history, availability and more. For each individual booking, the platform provides the actual date the reservation was made as well as the start and end date of each booking, ensuring that the City is able to distinguish back-to-back bookings. These insights are not possible to achieve by simply viewing the listings itself. n summary IN Figure 2: Rentalscape Map In every jurisdiction in which we are providing service we have increased compliance and improved tax collection. Our process starts with producing the cleanest data possible — ensuring reporting is accurate and compliance levels are carefully monitored. We have in-house property appraisers and STR property managers. We also regularly consult with City staff to ensure we are always up to date with the latest STR best practices. Our systems come with unlimited user access and unlimited end-user training. Our customers give testimonials regarding the ease of use of our systems and vastly superior level of customer service when compared to other providers in the market. 5 0 RENTALSCAPE References We believe that continuous innovation is required to face the challenges of today and of tomorrow. We are proud of our achievements and solutions that enable cities and counties to manage short-term rental activities and to ensure local rules and ordinances are enforced for the betterment of local residents. t he following references are examples of successful parinF iships beNveen Decl<arcl Technologies R, its clients. City of Cape Canaveral, FL Brian Palmer Code Enforcement Officer b.palmer@cityofcapecanaveral.org 321-868-1220 ext 115 Product: Rentalscape City of Cocoa Beach, FL Randy Stevenson Director Building Department/Development Services randy.stevenson@cityofcocoabeach.com 321-868-3297 Product: Rentalscape iNlonroe County, FL Sam Steele Tax Collector ssteele@monroetaxcollector.com 305-302-6920 Product: Ren talscape M I RENTALSCAPE Proposed producLs The Rentalscape porn The Rentalscape portal is a cloud -based system for City staff to track STR properties, monitor STR activity, manage STR permits and record information about properties. The data in the system is constantly being updated as new properties are discovered and address identified, as new permit applications are made and as permits are expired or revoked. The Rentalscape portal displays information on all STR listings found within the City going back at least 12 months. We use US Census data to identify City limits and any parcels or listings within the limits are monitored. Rentalscape also tracks properties outside the City until they are accurately identified. On occasion, the STR listing estimated location for a property falls outside the City, but the actual location of the property once address identified is inside the City. Rentalscape displays: 1. Any permitted STR property 2. Any property with a currently live STR listing 3. Any property with historic STR listings 4. Any property with a future or past STR booking (even if the property currently does not have a live listing) Rentalscape includes the ability to filter the properties displayed (e.g., only permitted properties, or only properties in a specific HOA), and to download all results. All data displayed is available for direct download from Rentalscape. Information shown in Rentalscape for each property includes: Property characteristics 1. Property address 2. Owner name and mailing address 3. Ownership type (primary residence, secondary/investment property) 4. Property type 5. Number of bedrooms and bathroom at the property, per public records data 6. A map showing the property's location 7. Maximum occupancy per Sunny Isles Beach ordinance 0 RENTALSCAPE Listing characteristics 1. Listing URL for each listing associated with each specific property 2. Listing ad ID for each listing associated with each specific property 3. Rental calendar showing current month's activity as well as past twelve months and upcoming three months booking activity (calendars update daily) 4. Rentalscape clearly and easily differentiates between regular bookings and host -blocked dates that are not revenue -generating 5. Host name (when available) 6. Stay limitations (minimum/maximum) 7. Permit/license number if included in the listing 8. Daily Rental rate at time of booking 9. Rental frequency 10. Individual links to all active listing for the property 11. PDF copy of each listing, as well as a history of all previous versions of the listing, to identify any possible changes, as well as keep a record in case the listing is taken down by the host. Each image has a date - stamp showing when it was created and is kept indefinitely. 12. Rental type (Whole home, shared home) 13. Bedrooms and bathrooms advertised 14. Maximum occupancy, per listing Estimated sales tax based on rental activity 15. Occupancy rate 16. Estimated rental income 17. Estimated tax Rentalscape is configured to match the City's ordinance and is capable of flagging violations following the City's exact rules, including but not limited to permit registration and occupancy advertised versus permitted occupancy. Rentalscape looks for bookings less than 30 days when flagging STRs. When bookings longer than 30 days are created, these are correctly categorized as long-term rentals and do not cause a property to be treated as an STR. Rentalscape actively monitors permit status and STR listings daily, flagging violations as they occur. We have encountered situations where other providers have flagged properties as "no longer listed" or "only performing long-term rentals", that later re -list or take a short-term booking, and are subsequently missed by these other vendors as violating the City ordinance. Rentalscape continuously monitors every listing every day including bookings up to a year in advance. As soon as an unpermitted booking is taken, Rentalscape sets a violation. 0 RENTALSCAPE M Rentalscape includes a Dashboard that provides an overview of all STR activity in the City. This Dashboard includes aggregated revenue, bookings, and property data, and highlights top -earning hosts and owners as seen below. Please note that some charts will not be activated until we go live in Sunny Isles Beach City. N. Top Online PlatM- 1,070 189u 24,131.332 f'1 sm \ Vrbp HIGHEST PEAK FOR STRS �avrw�rc�s � r 3.O70e .a l �f Figure 1 Rentalscape Sunny Isles Beach Dashboard Example I RENTALSCAPE Priding Proposa Current Contract — 925 Properties ($25.54/property) $23,625 ) Verified Properties —1070 @ $35/property = $37,450 Hi Peak Properties — June 2024 —1127 @ $35/property = $39,445 Proposed 2024-2025 Contract $25,000 Identify property & address — all properties =� Identify property owner address 3 Real-time reporting of all new listings & daily calendar monitoring 10,000+ Websites monitored Daily, worldwide FutureCast'" - Identify future bookings as they are made on the rental platform Automatic identification of violations On Demand, Dynamic reporting, offering multiple ad hoc reports INCLUDED Filters allowing users to focus on specific segments of the STIR population Single Point of Contact for City staff for all matters INCLUDED Ensures the City is following Industry best practices Shepherds the implementation process from start to finish Periodic meetings/calls throughout the life of the account No limit on the number of Rentalscape user accounts INCLUDED No per -session training costs Mote: Pricing valid for 60 days Note 2.; Pricing Confidential 10 RENTALSCAPE Optional products STR Registration and Renewal Portal This is a configurable system that is custornized for each client branding, custom fields such as occupancy rules specific to the City (e.g., occupancy limits, bedroom counts), collection of documents as required for the STR registration process, STR registration approval portal, configurable STR permit pricing and expiration, collection of any STR permit fees, regular reporting, allows for renewals and updates. 24/7 Complaint Line 8, Online Form Available for fielding complaints raised by the public related to short-term rentals. The Complaint Line is a 24/7 Live US based Call Taker environment. The Call Taker collects the appropriate information (ie address, property owner, type of incident, date of incident, etc) and contacts the designated City contact. Hotline services are offered at 3 different levels: Basic: Standard call flow. Information is taken and forwarded to the City. Calls are referred to the appropriate staff without follow up required. r>Prenier: Premium call flow. Dispatcher will attempt to get a complaint resolution. The local contact can be contacted up to 3 times before referring caller out to appropriate staff. Tax Payment Portal Classic: Call Center will contact the local contact when information is available (permitted properties), notify them of the complaint then forward the information to the local City contact. D>Rentalscape Online Complaint Form: is also available. Neighbors can report and provide evidence for non -emergency concerns. The Complaint Form is customized with your logo. All complaints are logged and reported to the appropriate staff/department. -01 The portal can be utilized to collect taxes from STR operators on a monthly, quarterly, or yearly basis. The Rentalscape Tax Payment system collects information regarding the number of nights available for booking, and the number of nights booked. The system is customized for each jurisdiction and includes automatic calculation of tax due based on the City's tax rate, automatic calculation of late fees and penalties, and the ability to apply leniency on a per -property basis for late fees should it be required. The Rentalscape Tax Payment system utilizes Stripe payment processing that allows for payment by credit card or by ACH payments. Payments are directly remitted to the City. The system generates nightly reports that are delivered to the City, allowing for easy reconciliation of transactions. This system reduces the manual work required when processing paper forms. Letter Campaign for STR Hosts Rentalscape will create and send letters to all Identified STR hosts/owners explaining the City's STR ordinances, r'equiremen'ts, and process. The letter ternplates will be approved by the City staff prior to beginning the mailings. Rentalscape's targeted letter campaign, timed to generate best results, have shown great efficacy in cutting the number of unregistered hosts by over 50% within the first six months of a new client engagement. STR Constituent Portal The Constituent Portal is an interactive public online map for publication of all registered short-term rentals within the City. The exact information on the map can be configured to meet the City's needs and includes information such as the property owner and emergency contact information. The portal is branded with the City's information and can include links to systems such as the short-term rental registration system. Foreclosure/Vacant Property Portal The portal helps government agencies combat blight created by vacant and foreclosed properties! By identifying at risk vacant properties and contacting the responsible party, Rentalscape helps you carry out enforcement to increase compliance with Vacation Property Ordinances. Rentalscape LTR Portal The portal is a configurable system that enables our customers to have oversight and insight to all LTR properties in their jurisdiction. Additionally, we give them the ability to run communication and outreach programs for both compliance and awareness. It is the only platform on the market that offers this combination of registration and communication services. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B DECKARD TECHNOLOGIES, INC. 12 ;04 SUNNY (g(fJ0 U - I Y ?' CONTRACTOR ANTI -BOYCOTT CERTIFICATION r �s� ➢�. fLOP�O°S.r. °`'°" [PURSUANT TO FLORIDA STATUTE § 287.135] on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C DECKARD TECHNOLOGIES, INC. 13 E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title Sworn to and subscribed before me on this this day of 12023. By ❑ Is personally known to me ❑ Has produced identification (type of identification produced: Signature of Notary Public Print or Stamp of Notary Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D DECKARD TECHNOLOGIES, INC. 14 O� SJNNY'S(�S@ @ � n U 2 C'1" OF sot' Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: , 20_ Entity: STATE OF COUNTY OF Signed: Name: Title: The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of 20 by as for , who is personally known to me or who has produced as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: FTP 4F 5VN f� City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning& Zoning Director DATE: January 16, 2025 RE: Approval of an Agreement with Deckard Technologies, Inc.A to Provide Activity Data and Compliance Services for Short -Term Rental Properties Operating in the City RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Deckard Technologies, Inc. provides monitoring services for short-term rental properties through their platform called Rentalscape. Other governmental agencies in Florida use their service, including Hallandale Beach, Cocoa Beach, Margate, Islamorada, Marathon, and more. The monitoring services produce rental activity data that is used to ensure compliance with City ordinances, such as active advertisements, booking data, and revenue. City staff uses then compares this data to the City's short- term rental license register to check for unlicensed rental activity or potential work without a permit. Three quotes were requested for these services from three vendors; however, two vendors that have contracts with other governmental agencies did not reply. This agreement request is for a 2 -year period from January 16, 2025 — January 16, 2027 for a total NTE amount of $49,900.00. FUNDING SOURCE: Funds have been appropriated in Account No. 001-4-5241-431000-00000 - Professional Services - Planning& Zoning Department. ATTACHMENTS: Item Number: 9.0 182 Resolution Agreement Item Number: 9.0 183