HomeMy WebLinkAboutResolution - 2019-R0248 - Munirevs, Inc. DBA Lodgingrevs - 07/09/2019Resolution No. 2019-RO248
Item No. 6.3.1
July 9, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Service Contract No. 14768 as per RFP 19-14768-MA for
Hotel Occupancy Tax Collection and Compliance Services, by and between the City of Lubbock
and MUNIRevs, Inc. DBA LODGINGRevs, of Durango, Colorado, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council on July 9, 2019
JEFF RIff -I , . AYOR PRO TEM
ATTEST:
A�Dg da,
Reb cca Garza, City Secr ary
APPROVED AS TO CONTENT:
D. Blu Kostelich, Chi-eltinancial Officer
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
vw:ccdocsiRES.ServiceContract 14768 Hotel Occupancy Tax Collection and Compliance Serv's
June 24, 2019
Resolution No. 2019-RO248
City of Lubbock, TX
Hotel Occupancy Tax Collection and Compliance Services
RFP 19-14768-MA
Contract 14768
This Service Agreement (this "Agreement") is entered into as of the 9*day of wix, 2019
("Effective Date") by and between MLTNIRevs,Inc. DBA LODGINGRevs, (the Contractor), an� City
of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 19-14768-MA, Hotel Occupancy Tax
Collection and Compliance Services.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Hotel
Occupancy Tax Collection and Compliance Services upon terms and conditions maintained in this
Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City
and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Proposal and Price Sheet
4. Exhibit C Insurance
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B, and C attached hereto.
Article 1
1.1 The contract shall be for a term of one year, with the option of two, one-year extensions,
said date of term beginning upon formal approval. This contract shall remain in effect until
the expiration date, performance of services ordered, or termination by either party with a
thirty (30) day written notice. Such written notice must state the reason for cancellation.
The City of Lubbock does not guarantee any specific amount of compensation, volume,
minimum, or maximum amount of services under this proposal and resulting contract.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the goods or services provided under
the Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent,
whichever event occurs first. If at any time funds are not appropriated for the continuance
of this Agreement, cancellation shall be accepted by the contractor on 30 days prior written
notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this Agreement beyond the date of termination.
1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30
day written notice. The City of Lubbock reserves the right to award the canceled contract to
the next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided
to the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set
forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should
consent be given, the Contractor shall insure the Subcontractor or shall provide proof of
insurance from the Subcontractor that complies with all contract Insurance requirements
document, this provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor
unless agreed upon in writing by the parties. In the event of conflict between these terms
and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the
final terms agreed upon by the parties, and any prior conflicting terms shall be of no force
or effect.
2.13 The Vendor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
(1 ) The Vendor does not boycott Israel; and
(2) The Vendor will not boycott Israel during the term of the Agreement.
2.14 SB 252 prohibits the City from entering into a contract with a vendor that is identified by
The Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX: FIRM:
fi
WrOlklAtil, YOR O TEM Signature
ATTEST:
Reb cca Garza, City Siicrek--�
APPROVED AS TO CONTENT:
117�1- K�7�
D. Koste ch, Chief F-iftneial Officer
APPROVED AS TO FORM:
Amy Sims, Deputy ty Attorney
Tyler Fischer
Printed Name
Community Partnership Manager
Title
GENERAL REQUIREMENTS
1 INTENT
Exhibit A
a) The City of Lubbock ("City") seeks proposals from qualified respondents interested in
providing the services described in this RFP. The successful respondent will assume
responsibility for the collection and remittance of hotel occupancy taxes ("HOT') assessed within the
incorporated boundaries of the City as well as assist the City in the discovery, recovery, auditing,
reporting and compliance (land use and tax payment) for all overnight rental operators.
b) Offerors are invited to submit demonstrated competence and qualifications of their firm for
providing these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2 SCOPE OF WORK
The selected respondent will provide various services related to the administration of HOT
collection and compliance, including but not limited to the following:
l . Identify all short-term rental properties conducting business within the incorporated city limits.
2. Provide online portal for short-term rental property owners monthly occupancy tax payments and
reporting information.
3. Online tools for permitting, registration, monitoring and public violation reporting.
4. Provide detailed lists to the City of these accounts, to include identifying and owner contact data.
The information requested includes but is not limited to:
a. Owner name and contact information (i.e. telephone number, e-mail address).
b. Appraisal district parcel number.
c. Address of property.
d. Listing Platform and ID.
e. Booking frequency data.
f. Average daily rate.
g. Photos of property (if available).
5. Work with City staff in contacting and communicating (letters, e-mail, phone calls) to short-term
rental property owners regarding various subjects, such as:
a. Tax remittance procedures, obligations, methods and contact information.
b. Potential land use, permitting violation(s).
c. Potential violation of tax/reporting compliance.
6. Based upon an agreed upon frequency, supply lists of short-term rental properties that may be in
violation of tax remittance and/or permitting obligations.
7. At the request of City staff, determine estimated revenues for short-term rental properties.
8. Based upon an agreed upon frequency, provide reports and analysis to the City to support potential
audits and other enforcement inquiries.
9. Not a requirement - Perform audits of properties identified to be in violation of tax remittance.
Matter
°ord
Date:OBAPI,�
6'
The attached document is reasonably related to a confiential
matter as set forth in § 552.110 of the Texas Government
Code (Trade secret, financial information, or proprietary
matter).
Do not copy or disclose without the advice of
legal counsel.
6
P
0
Exhibit B
CONFIDENTIAL
PROPOSAL AND PRICE SHEET
Exhibit C
CITY OF LUBBOCK, TX
Hotel Occupancy Tax Collection and Compliance Services
CONTRACT 19-14768-MA
INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate
to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City
based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and
acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
® To Include Products of Complete Operation Endorsements
® CYBER LIABILITY ® Occurrence
® Other: Crime ® Occurrence
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
COMBINED SINGLE LIMIT
General Aggregate
$1,000,000
Products-Comp/Op AGG
X
Personal & Adv. Injury
X
Contractual Liability
X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
$1,000,000
General Aggregate
$1,000,000
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except . _ _
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements
are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and
may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by
the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations
within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days
prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13" Street, Room 204
Lubbock, Texas79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.
Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from
liability.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lafl
Complete Nos. 1 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1. 2, 3, 5, and 6 if there are no interested parties_
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2019-501778
MUNIRevs, Inc DBA LODGINGRevs
Durango, CO United States
Date Filed:
06/07/2019
2
Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged-
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19 14768 MA
Hotel Occupancy Tax Collection and Compliance Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
LINSWORN DECLARATION
My name is Tyler Fischer and my date of birth is
My address is 168 Riverview Dr. Durango CO , 81301 USA ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in La Plata County, Stale of Colorado on the 7Ih day of Jurle , 2(} 19 .
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.391`8039c
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 it there are interested parties.
OFFICE USE ONLY
Complete Nos. 1. 2.3. 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2019-501778
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
MUNIRevs, Inc DBA LODGINGRevs
Durango, CO United States
Date Filed:
06/07/2019
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being fled.
City of Lubbock
Date Acknowledged:
07/02/2019
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14768-MA
Hotel Occupancy Tax Collection and Compliance Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) ( untry
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
I-orms provlaea Dy I exas ttnics commission www.ethics.state.tx.us Version V1.1.39f8039c