HomeMy WebLinkAboutC-7913-3 - PSA for Short Term Lodging Compliance Support1
CO
PROFESSIONAL SERVICES AGREEMENT
WITH GOVOS, INC. FOR
SHORT TERM LODGING COMPLIANCE SUPPORT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 1 st day of September, 2023 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and GOVOS, INC., a Delaware corporation ("Consultant"), whose address is 8310 N
Capital of Texas Hwy, Suite 20250, Austin, TX 78731, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to short term lodging compliance support
including the provision of a call center ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the Schedule of Billing Rates attached hereto as Exhibit
B and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed Forty Thousand Dollars and 00/100 ($40,000.00),
without prior written authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include a brief description of the
Services performed, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) calendar days after approval of the monthly invoice by
City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
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5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Cindy Brown to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services, upon written request of City and
a reasonable basis therefor. Consultant warrants that it will continuously furnish the
necessary personnel to complete the Project on a timely basis as contemplated by this
Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Finance — Revenue Division. City's
Anthony Alannouf or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them), and/or if it is subsequently determined that an
employee of Consultant is not an independent contractor.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
negligence or willful misconduct of the Indemnified Parties. In the event a court judgment
attributes damages associated with a claim to the negligence of one or more Indemnified
Parties, then Consultant's damages payable to the Indemnified Parties shall be reduced
by the same amount. Nothing in this indemnity shall be construed as authorizing any
award of attorneys' fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement which is related to such Services of Work
shall: work full-time for more than six (6) months; work regular part-time service of at least
an average of twenty (20) hours per week for one year or longer; work nine hundred sixty
(960) hours in any fiscal year; or already be a CaIPERS member.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City which approval shall not be
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unreasonably withheld, conditioned or delayed. Any of the following shall be construed
as an assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
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17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
Following City's delivery to Consultant of a written notice (which includes via email)
of an invoice dispute, City may withhold payment to Consultant of any disputed sums until
satisfaction of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
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Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
In the event Consultant and other consultants work on the same task, City will not
knowingly or intentionally disclose to other consultants the internal processes or trade
secrets of Consultant without Consultant's approval.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Management Assistant
Finance — Revenue Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Doug Shumway
GovOS, Inc.
GovOS, Inc. Page 8
8310 N Capital of Texas Hwy, Building 2, Suite 250
Austin, TX 78731
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
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28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By' 4-'
''Aaron C. Harp 1-1313 W-
City Attorney
ATTEST:
Date: 70.11, 2fl1-3
l...f>LN11 rCity Clerk
}
L:qLl FOJ
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /oI1123
MON a rjj . ��
Finance Director
CONSULTANT: GovOS, Inc., a Delaware
corporation
Date:
Signed in Counterpart
Josh Stanley
Chief Financial Officer
Date:
Signed in Counterpart
By:
Michael K. Crosno
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp wt-
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Jason AI -Imam
Finance Director
CONSULTANT: GovOS, Inc., a Delaware
corporatio,n
Date: e l � Z �Z 3
By:
-Jc� Stanley
Chief Financial Officer
Date
2
Michael K. Cro-8�no
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
GovOS, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall provide compliance support for the City's short-term lodging
ordinances and policies and a twenty-four (24) hour live call center to receive website and
phone complaints.
The City shall retain the discretion and right to cancel services at any point during the
term of this Agreement for any reason.
The Consultant shall provide the following services:
SCOPE OF SERVICES A: Compliance Support for Short Term Lodging Ordinances
and Policies
1. Enforcement:
1. Provide and maintain a City accessible database which shall provide the following:
(a) Permitted and Unpermitted Short Term Lodging Units
(b) Property Location and Physical Address
(c) Unit Numbers
(d) Short Term Rental Ad Platform(s) and Link(s)
(e) In/Not-In Jurisdiction Limits
(f) Parcel Record / Geographic Information System ("GIS Data")
(g) Property Management Type
(h) Short Term Rental Compliance Status
(i) Estimated Date Ad was Posted
(j) Entire Unit vs. Room for Rent
(k) Number of Bedrooms
(1) Advertised vs. Maximum Occupancy
(m) Average Daily Rate
(n) Nightly Rate Paid for Each Unit
(o) Number of Nights Rented
(p) Minimum / Maximum Stay Limits
(q) Property Type (Condo, House, etc.)
(r) Estimated Calendar Booking Activity
(s) Actual CBT Collection Data
(t) Cross Referenced City Permit Data
1.2. Provide contact information for each listing;
1.3. Provide the owner's contact information and address for each listing;
1.4. Provide high resolution images of each actively advertised listing;
1.5. Provide screen captures of reviews for each illegal listing;
1.6. Match identified short term lodging properties with permitted short term lodging
properties;
1.7. Monitor rental listings in the City to identify un-permitted short term lodging rentals,
1.8. Identify the zoning information for rental listings in the City, including but not limited
to R1 zones and Coastal zones, using the City's GIS Data,
1.9. Provide owner and title information for permitted short term lodging rentals;
1.10. Match permitted short term lodging property listing details with City requirements
such as parking, occupancy limits, etc.;
1.11. Provide an online portal which would allow the public to upload audio, video or
photographs of potential short term lodging violations. All portal submissions shall
be forwarded to the responsible owner as well as City staff, as designated by the
City, and archived; and
1.12. Provide alerts for specific addresses defined by City Staff.
SCOPE OF SERVICES B: Twenty -Four (24) Hour Live Call Center
2. Twenty -Four (24) Hour Live Call Center
2.1. Provide a twenty-four (24) hour call center where the public may speak to a live
person to report alleged violations by phone;
2.2. Ensure Call Center staff uses script provided by the City;
2.3. Provide immediate and real time notification to City personnel and the local
contact/owner/agent by e-mail, phone and text;
2.4. Update emergency contact information within twenty-four 24 hours of City request
and notification,
2.5. Provide full documentation on all incidents, including call logs and audio
recordings within twenty-four 24 hours of contact;
2.6. Provide monthly reports containing:
(a) The number and types of reported incidents; and
(b) List of properties and ownership for which incidents have been reported.
2.7. Provide metrics reports as requested, including, but not limited to, total inbound
calls, actions taken on calls, call length and wait times;
2.8. Provide an online portal which would allow the public to upload audio, video or
photographs of potential short term lodging violations.
2.9. Forward all portal submissions to the responsible owner as well as City staff, as
designated by City, and archived;
2.10.Store and allow City staff to access call logs, audio recordings and reports for at
least three (3) years; and
Allow City staff to pull live data at any time, to export to Excel.
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13
May 12, 2023
City of Newport Beach., CA
RFP No. 23-53 1 Permit Compliance Support and 24/'
Call Center Services
GOvOSY
-esented bye
Danielle Vinciguerra
Director, Customer Success
E: Danielle.Vinciguerra@govos.com
P: 978.764.3149
GOVOSVO
RE: RFP No. 23-53 Permit Compliance Support and 24/7 Call Center Services
Dear Newport Beach Selection Committee:
GovOS, Inc. values our partnership with the City of Newport Beach since 2020 and hope to continue our
partnership for many years to come. As residents choose to share their homes and property with visitors as
vacation or short-term rental properties, they must be carefully tracked and managed to support policies
and local regulations. We understand the City's desire to verify through RFP that you are receiving the highest
quality, most cost-effective, and supportive Short -Term Rental (STR) system available.
We are pleased to once again present our STR solution in response to Newport Beach's current Permit
Compliance Support and 24/7 Call Center Services with our exclusive Partner Pricing. As you have experienced,
GovOS is committed to delivering a sophisticated and scalable system with end -to -end identification,
compliance, support, and reporting capabilities. The GovOS STR solution continues to align with your goals and
needs and we believe you will find other vendors cannot meet the functionality and accuracy you are receiving
with GovOS.
Providing functionality, information, and support needed by our customers is paramount to GovOS. We achieve
this through:
Gathering, processing, and verifying: GovOS utilizes industry leading identification practices with a
blend of Al technology and human touch. You also will have access to our property review team of 30+
data scientists matching listings and de -duplicating advertisements providing you a comprehensive
dashboard.
Supporting compliance and holding non -compliant renters accountable: Our system captures
real-time STR marketplace data, time stamped evidence of activity, and advertisement links. Data
sets include accurate addresses and location information, evidence of short-term retail activity, and
compliance status.
Designated Support Teams: GovOS' three -prong support is unique to the industry. This proven level
of support for you and your constituents (when hotline is included) has culminated into the highest
satisfaction rates and retention rates in the local government sector.
We look forward to discussing how the GovOS solution can continue to meet your goals today and evolve with
Newport Beach well in the future as your needs evolve.
Sincerely,
Danielle Vinciguerra, Director, Customer Success
P: 978.764.3149
E: Danielle.Vinciguerra@govos.com
8310 N. Capital Texas Hwy Building 2, Suite 250 Austin, TX 78731 P: 833.563.4533 www.govos.com
Table of Contents
Required Information ..........................1
Statement of Qualifications ........................ 2
Organizational Information ......................... 4
Project Approach/Methodology .................... 5
Scope of Services..................................10
References/Recent Project History..................13
GovOS Provided Maintenance Services.............14
GoV'ue S
Required
Information
Statement of Qualifications
GovOS, Inc. (GovOS) is a Delaware
incorporated organization, headquartered
in Austin, TX. Our workforce (nearly 200 and
growing) is located in Austin and throughout
the U.S., allowing us to provide our industry -
leading service and support to our customers
when it is more convenient for them. GovOS'
products have been purposefully designed
and built to meet the needs of public sector
municipalities and agencies. Our continuing
mission is to provide a customer -centric
experience throughout their journey with
GovOS.
GovOS is backed by experienced professionals
who have been serving local government
and their unique needs for over 20 years. Our
robust suite of products — from vital records
management, digital forms, workflows,
and community engagemen, tto licensing,
tax compliance, and short-term rental
management — has been in use by local governments for more than 12 years.
Gov �
Civic Services Platform
1!t
"For over a decade, I have driven
our company to build solutions
that are powered by automation
and easy to use tools. We
look forward to meeting each
client where they are at and
anticipating the evolution of
their community needs"
Erin Neer
Chief Strategy Officer, GovOS
Founder MUNIRevs / LODGINGRevs
We know data is important to every one of our customers
in the public sector. However, we also understand there is
more than just numbers needed to effectively serve your
community. Given the depth of our experience in government
service and the breadth of the products we offer, GovOS
offers a holistic view of how one software solution can affect
multiple departments and processes. In addition to our
best -in -class technology, GovOS also provides our cutomers
workable best practices, exemplary support, and innovative
technology achieve your goals.
Since our founding, GovOS has continued to grow and
expand our suite of products to become an industry leader
in the government enhancement space. GovOS is well
positioned to serve and support our customers for years to
come as technology and needs evolve.
Gov0SV
ongoing Improvement for STIR Needs
Working with some of the most sought-after vacation and STR destinations in the U.S., GovOS is uniquely
qualified to meet the needs and expectations of your constituents and municipal leadership. Due to the recent
growth and regulation of the short-term rental market, GovOS has evolved as well providing positive and
comprehensive enhancements for our customers. We continue to improve our product offering by working with
tourism destinations throughout the U.S., creating a deep understanding of how to best serve the public sector
and our customers. It has enabled us to scale our product and customer support teams and helped us enhance
our STR product ahead of industry trends.
Our Solution
Our STR solution provides you with community preservation through short-term rental identification and
compliance. Our monitoring system will make it easier for Newport Beach to discover, identify, and efficiently
track your STR activity. Using proprietary technology, our platform combines artificial intelligence and
automation to keep your STR data current and actionable. Our team of STR data science specialists also help
ensure the accuracy of the listings we identify in city. This combination of automation and human -powered
attention to detail delivers the most accurate information to address the STR market in city.
Full Visibility & Insight
The identification data provided by GovOS STR allows local
governments to see the exact location of all STRs in your
jurisdiction. This level of insight allows our customore to contact
active property owners and/or managers not in compliance with
local renting ordinances and address any discrepancies before
a rental start date. This helps reduce potential friction between
STR owners and guests and assists in mitigating possible legal
concerns. Our registration system easily captures all necessary
information from STR owners and creates a strong data
foundation for future compliance, delinquency, tax, and auditing
needs.
Continuous Investment
Our ongoing monetary investment in Research and Development for our STR solution helps our team continue
to meet the evolving needs of our customers. Currently, we are investing over $400,000 in researching
improvements to enhance our STR solution, as well as expanding our support services and resources for our
customers. If your STR management needs expand beyond standard identification and compliance needs,
GovOS is ready to help you adapt quickly.
Gov'V
Organizational Information
Your Account Team will continue to provide the Clty the tools you need to optimize your GovOS system and
assist you to fully realize your goals for STR pursuits. Our three -prong support system and customer service unit
model is unique to the marketplace. Our accountability model empowers our associates to make decisions and
advocate for your needs, making it quicker and easier to get the answers you need. GovOS does not intend to
utilize any subcontractors.
As you continue STIR compliance using the GovOS STR Solution, our support team will meet and exceed your
expectations of support for your internal teams and end -users, saving your staff time and effort.
Your Key Account Team will consist of:
Danielle brings 17 year of SaaS experience to our customers. Her team of
Danielle Vinciguerra Customer Success Managers work diligently with our clients to proactively
Director, Customer Success assist them in receiving maximum value from their investment in our
products and services.
Auston leads our STR product management efforts and focuses on
Auston LeRoy improving our solution to meet the needs and goals of our customers. He
STR Product Manager focuses on prioritizing backlog, interviewing stakeholders and gathering
feedback. He also manages the product roadmap for our STR product.
Roxanna helps support customers' overall goals and ongoing investment
in GovOS. She works closely with Brayden and provides customers periodic
Account Manager (AM)) Roxanna Chaheihigh-level reviews to evaluate ongoing ROI, utilization, and future needs.
Roxanna's key focus is to educate, listen, provide guidance, and address
challenges.
Alex supports internal administrative users. He will assist your team with
Alex Galatas admin processes within the system, including batch processing, amended
Client Technical Support returns, notifications, reporting, reconciling. The CTSR team is available for
Representative (CTSR)
support, offer advice on best practices, and answer questions as needed.
Kyra owversees our technical support resources for all of our customers and
Kyra Fosnot end users utilizing the STIR software solution. She leads our support team
Director of Support in delivering high -quality customer service, responsiveness, and efficient
operations.
Gov I V
Project Approach/Methodology
Our team has been working with local governments of all sizes to achieve their STR goals and requirements
for more than 12 years, unlike other organizations recently entering the STIR technology space. Because of our
extensive experience, GovOS can provide innovation, current technology, guidance and best practices to assist
you in achieving a successful process that meets your needs.
Our hotline helps community
members have a voice in STR
accountability
Optional - additional fees
may apply. I
Seamless paperless tax collection,
state -vetted tax collection security,
and industry leading support, helps
prevent delayed payments and
keeps payment collection processes
running smoothly.
Our proprietary identification system is
enhanced by an expert property review
team so every property has human eye
verification.
r idenflRcaRon
Unce,slond a ASSe,,
• Spot Trends and Trouble
• Reconcile property
conflicts
G
�o HOHinnce
• Latenine Complia
9 and t1
Acting �S� Q Actionable
9� Preserving me Compliance Data
•
Community Empower Enforcement
• 24/7 US -Based y Policy / Change
Hotline RentalC Management
Solutions
Expert review teams and automated
crosscheck of each listing with local
government helps ensure all your
requirements of compliance are met.
.o Tax Filing
-'
• Collect Taxes
Registration
• Handle Exceptions
Process Licensing & Renewals
• Compliance /
Real-time Businesses Support
Property Audils
Seif.seMce Engagement
- System
Online property owner/manager
task portal allows streamlined
business user workflows for new and
renewal STR licensing.
The GovOS STIR solution has positively impacted more than 340,000 STR owner/operators and business owners
and to date and accounts for more than $4 billion in paperless revenue generated. Our STIR system has deep
roots in local governments. GovOS has delivered and supported STIR solutions for some of the most highly
sought-after destinations in the country including communities such as Dallas, TX, Palm Springs, CA, Hawaii
County, HI, Naples, FL, and Sedona, AZ. We have also assisted, state -level systems in Alaska and Colorado with
their STR needs. GovOS is honored to have one of the highest customer retention rates in the industry which
includes over 20% of our customers utilizing our system after finding their needs unfulfilled with other providers.
Our STIR system has quickly risen above industry standards and leads the technology space in STIR identification,
compliance, and code enforcement. Our solution helps jurisdictions streamline their processes and consolidate
staff efforts. It was created in the halls of government by our own Chief Strategy Officer and designed
specifically for local government.
GOVO Y
Ongoing Customer Benefits of the GovOS STR System
Dynamic Portal Design
• Secure account access for verified users (owners/
property managers).
• Tasks assigned directly to individual accounts.
• Track the progress of tasks and issue users' proactive
reminders regarding unresolved items.
Avon
"Your entire team is always there
for training support, and difficult
scenarios. The amount of relief
GovOS reduces challenges by providing: this provides is unexplainable."
• Designated Support and Success team members to
ensure timely onboarding/support escalation. Town of Avon, Colorado
• Proven Onboarding Methodology - expertise delivered
to local governments across the U.S.
• Configured training and user documentation, both online and physical training materials.
• Designated Training Personnel to ensure best practice training processes and procedures.
• High percentage of our Services/On boarding/Training Personnel come from government with real work
experience from the customer's perspective.
Gov'
GovOS Identification & Compliance Methodology
GovOS empowers governments to leverage the STIR market in support of your community goals. Through AI -
powered property identification technology, our expert data scientists and property review analysts produce the
highest property identification rates in the industry. On average, our System and team accurately match 99% of
STIR ads to properties after an initial eight -week census. Our team can match 99% of new ad listings, which our
System gathers and adds to the database. Key examples of our proprietary property identification technology
and processes we use to achieve these results include:
• Reverse Geocoding: Uses the location bubble to show the
general vicinity of STIR properties on sites like Airbnb to
determine the approximate address of all STIR properties and
adds the addresses to our database to be reviewed by our
Property Review team.
• Photo Recognition: Accurately matches interior and exterior
pictures in STR ads with pictures from real estate websites to
confirm matching addresses. This is particularly helpful for
identifying units in multiplexes.
• Human Verification: After our suite of programs completes
data gathering and identifies STIR properties, our specialized
team of Property Review Data Scientists perform additional
research to confirm the exact address and owner information
of each STIR. This team uses advanced investigative methods
we have been refining for over a decade to ensure results are accurate and time efficient. They
collaborate on investigations and work closely with Client Tech Support Reps to align with your goals
and new ordinances.
During this process, our software and Property Review team will accurately identify:
✓ STIR Ad Platform(s) (i.e., Airbnb, Vrbo, etc.) & ✓ Advertised vs. Maximum Occupancy
Link(s)
✓ Parcel Record/GIS Data
✓ Property Location & Physical Address
✓ Management Type
✓ Operator Name
✓ Estimated Date Ad Was Posted
✓ Number of Bedrooms
✓ Average Daily Rate
✓ Property Type (condo, house, etc.)
✓ Import Actual Tax Collection Data
✓ Owner Mailing Address
✓ STIR Compliance Status
✓ Entire Unit vs. Room for Rent
✓ In/Not-In Jurisdiction Limits
✓ Minimum/Maximum Stay Limits
✓ Estimated Calendar Booking Activity
✓ Cross Reference City/County Permit Data
Gov v
Key factors to consider when choosing your vendor
There are many factors to consider when selecting your solution provider for your STR needs. Below are key
elements and functionality we recommend you consider while searching for an STR compliance partner, and
what GovOS can offer compared to others in the market.
Customer Retention Rate
Listing Address Accuracy
Configurable to Local Regulations and Jurisdiction's
Unique Needs
Custom Compliance Statuses
Autonomy in the System
(e.g., ability to change compliance status, property's
emergency contact mailing address, etc.)
Out -of -the -Box Reporting
(e.g., Gross Earnings by Property, Top Gross Earning
Properties by Area/District, Type of Rental, Managed vs.
Owner Managed, Advertised vs. Approved Occupancy, etc.)
24/7 Bilingual STR Complaint Hotline
Notification Templates
Strategic Partnerships
Add -On Tax Filing Functionality
Client's Choice of Payment Gateway
98.5% Varies
99% 60%
✓ X
Unlimited Fixed
Self -Serve Must email support to
request changes
Customizable, Live
Operator
Unlimited
Rent Responsibly,
NoiseAware, Breezeway
X
Inflexible, Automated
Fixed
N/A
X
X
SOC 2 Type 1 & Type 2 Certified
✓
X
Multi -Factor Authentication for Admins
✓
X
Hosting Application Data on AWS
✓
Varies
Assigned Account Manager
V
X
Implementation Training Included
✓
Varies
Average Support Email 191 Response Time
2 Hours
Days
Support Available for Jurisdictions and STR Property
Owners/Managers
V
X
Cost of Training Included
✓
Varies
GoV'C`Y
GovOS Exclusive Partnership
In the STIR ecosystem, GovOS facilitates engagement between leaders of both public and private organizations.
We draw on our years of experience in finance, tax, and local government to collaborate with a strategic
network of partners who exponentially increase our efficacy and expertise. In our mission to educate, empower,
and serve local governments nationwide, we are privileged to work closely with the organizations shown below
and include their stated offerings as part of our offer.
RENT
Rent Responsibly is a community -building and
education platform for local short-term rental
alliances. The company provides STIR owner
education to drive higher compliance rates
with good neighbor education via webinars
and in -person presentations alongside GovOS.
U NoiseAware
NoiseAware helps prevent incidents at
rental properties using privacy -safe, noise -
monitoring technology. The company currently
has sensors in communities throughout the
country. Working together with the GovOS
STR Hotline, our partnership with NoiseAware
addresses community preservation issues
around noise.
GovOS Offering:
During the first 90 days from the go -live GovOS Offering:
date with GovOS, Rent Responsibly will help During the first 90 days from the go -live
drive higher compliance rates by opening date with GovOS, communities can offer STR
communication channels with STR owners, owners a 50% discount on services specifically
compliance campaigns and good neighbor designed to protect community quality of life
education. and drive higher compliance adoption.
b breezeway
With a focus on community preservation, Breezeway works with
GovOS to enable local governments to provide their STIR owners with
discounted property care and safety services to ensure responsible
renting.
GovOS Offering:
Local governments can provide STR owners with discounted property
care and safety services to ensure responsible renting.
GOVOSV
Short -Term Rental Strategic Roadmap
Our STR solution provides you with community preservation through short-term rental identification and
compliance. Our monitoring system makes it easier for Newport Beach to discover, identify, and efficiently track
your STR activity. using proprietary technology, our platform combines artificial intelligence and automation
to keep your STR data current and actionable. Our team of STR data science specialists also help ensure the
accuracy of the listings we identify within the city. This combination of automation and human -powered
attention to detail delivers the most accurate information to address your STR market.
Our strategy for the coming year focuses on simplifying your user experience, enabling faster data insights, and
increasing user workflow productivity and effectiveness based on roles and market needs.
Our ongoing monetary investment in Research and Development for our STR solution helps our team continue
to meet the evolving needs of our customers. Currently, we are investing over $400,000 in researching
improvements to enhance our STR solution, as well as expanding our support services and resources for our
customers. If your STR management needs expand beyond standard identification and compliance needs,
GovOS is ready to help you adapt quickly.
Key Strategic Themes include:
0 �O
❑�O
Workflow Management
Insights:
Process Automation
Protect the Core
Scalability 8
Streamline Core User
Support Data -informed
Eliminate redundant,
Adoption & Simplification
Modernization
Workflows
Decisions
manual tasks
Incremental Value to
Core Users
GOVOSV
Scope of Services
A: Compliance Support for Short Term lodging Ordinances and Policies:
Enforcement
1. Create and maintain a database of short term lodging units, both permitted and unpermitted,
which shall include physical address of the property, unit numbers and parcel numbers, and which
shall be accessible by City staff.
When the City of Newport Beach partners with GovOS, we create a customized cloud -based portal. Both our
team and your staff will utilize this platform to manage STIR registration/permitting, monitoring, compliance,
enforcement, and notifications. City users will receive individual login credentials and be able to access the
system 24/7/365.
GovOS' proprietary automated data mining technology monitors and scrapes 30 major short-term rental
platforms to identify all the STR ads in your area, de -duplicate listings, and compile them into our database.
This process is performed twice a week. The property identification program pulls all text from each listing.
Once STIR ad listings and associated information have been compiled, our Property Review team will perform
weekly investigations into each new STR ad to verify the STIR property address and associated information.
The team also verifies that permit numbers are listed in the advertisement.
During this process, our software and Property Review team will accurately identify:
• STR Ad Platform(s) & the Link(s)
• Property Location & Physical Address
• Management Type
• Operator Name
• Estimated Date Ad Was Posted
• Number of Bedrooms
• Average Daily Rate
• Property Type (condo, house, etc.)
• Import Actual CBT Collection Data
• In/Not-In Jurisdiction Limits
• Parcel Record/GIS Data
• Owner Mailing Address
• STR Compliance Status
• Entire Unit vs. Room for Rent
• Advertised vs. Maximum Occupancy
• Minimum/Maximum Stay Limits
• Estimated Calendar Booking Activity
• Cross Reference Town Permit Data
2. Provide contact information for each listing.
The GovOS Property Review team will perform weekly investigations into each new STR ad to verify the STR
property address and associated owners contact information.
3. Provide the owner's contact information and address for each listing.
The GovOS Property Review team will perform weekly investigations into each new STR ad to verify the STR
property address and associated owners contact information.
GOv V
4. Provide high resolution images of each actively advertised listing.
The Evidence Capture Tool runs all listings in your community twice a week. The data captured includes
all text on an ad listing page (including text under "show more" links), all reviews, and high -resolution
screenshots of every photo in the listing's photo gallery. Your team can export an entire batch of PDFs for a
specific property or date range to provide to your attorney's office or other compliance uses outside of our
system. Ail data is backed up to our servers twice daily.
5. Provide screen capture of reviews for each illegal listing.
The data captured with the GovOS Evidence Capture Tool includes all text on an ad listing page (including
text under "show more" links), all reviews, and high -resolution screenshots of every photo in the listing's
photo gallery.
6. Match identified short term lodging properties with permitted short term lodging properties.
During both the initial and ongoing property review process when our team matches a listing to a
property, we will verify whether that property is permitted. The Non -Compliant Property Reporting tool is
a code -enforcement command center. This reporting tool aggregates and sorts properties according
to non -compliant status twice a week. The report contains all STR property information, violations, links
to complaints, links to prior outreach notifications, and action notes. Our Property Review team cross-
references active permits with information listed on advertisements to monitor each property's permit status
accurately. Our Property Review team also identifies new rentals that are operating without a permit.
7. Monitor rental listings in the City to identify un-permitted short term lodging rentals.
As indicated above, during the initial and ongoing property review process when matching a listing to
a property, we verify the property is permitted. The Non -Compliant Property Reporting tool is a code -
enforcement command center. This reporting tool aggregates and sorts properties according to
non -compliant status twice a week. The report contains all STR property information, violations, links
to complaints, links to prior outreach notifications, and action notes. Our Property Review team cross-
references active permits with information listed on advertisements to monitor each property's permit status
accurately. Our Property Review team will also identify new rentals operating without a permit.
8. Identify the zoning information for rental listings in the City, including but not limited to R1 zones
and Coastal zones, using the City's Geographic Information System.
Our Property Review team will perform weekly investigations into each new STR ad to verify the STR property
address and associated information which will include the parcel record/GIS data including but not limited
to RI zones and coastal zones. If necessary, direct integration with the City's Geographic Information System
is an option we can provide.
Gov SV
9. Provide owner and title information for permitted short term lodging rentals;
Owner name, contact information, mailing address, confirmed physical address and any other relevant
information from the City's Geographic Information system will be provided for permitted short-term lodging
rentals.
10. Match permitted short term lodging property listing details with City requirements, such as
parking, occupancy limits, etc.;
Newport Beach will be assigned an Account Manager who will work with staff to develop these fully
customizable compliance statuses that align with specific details of local ordinances like parking and
occupancy limits, corresponding zoning regulations, and community goals.
Examples of common and potential compliance statuses include:
• Compliant Status
• Outreach - Non -Compliant Coastal Zone/
Property Type
• Property Manger Outreach - Expired Permit
• Exempt - HOA/Private Community
• Hotel/Motel
• Outreach - New Property. Permit Required
• Outreach - Advertised Occupancy Exceeds
Property Occupancy Limit
• Excluded - Long -Term Rental,>30 days
• Tent/RV/Tiny Home
• ADU
11. Provide an online portal which would allow the public to upload audio, video or photographs of
potential short term lodging violations. All portal submissions shall be forwarded to the responsible
owner as well as City staff, as designated by the City, and archived;
Full documentation of incidents/complaints, including uploaded documents, photos, audio/video recordings
from complainants are everyday functions of our system. All complaint form information is uploaded to the
GovOS database. From the database, City staff can track complaint information and compliance actions
taken in response.
Our database tracks the following information:
• Date, time, and reported concern for complaints lodged against an STIR property
• Description of the complaint
• Name and contact information for persons lodging complaints against an STR property
• Full documentation of incidents/complaints, including documents, photos, audio/video recordings
• Copies of any correspondence with STIR operators
• Copies of all notifications and notices
Gov V
12. Provide alerts for specific addresses defined by City Staff.
Specific address alerts can be managed through our Notification module. Custom templates to alert owners
will be configured to your specifications. Your CTSR, Alex, will assist staff with building, generating, and issuing
specific alerts and notifications upon request for designated addresses/properties. Newport Beach can
create an unlimited amount of notification templates to use in any number of STR-related situations. Our
outreach methods are fast, simple, and effective.
SCOPE OF SERVICES B: Call Center
Call Center
1. Provide a 24-hour call center where the public may speak to live persons to report alleged
violations by phone.
At GovOS our 24/7, US -based, bilingual call center agents are a dedicated team utilizing best practices for
Newport Beach to log, report, and follow-up on any complaints and/or violations filed by residents.
During the past year we have hired 3 new dedicated agent's to serve our clientele so that we are well
equipped to handle large call volumes. Our team of agents is in line to grow with the City of Newport,
providing less wait time for callers and faster follow up response times once a complaint is received.
Our STR Hotline provides a single point of contact with custom progressions to relay, respond, and escalate
complaints through City Admin and the property emergency contacts. Brayden will work with Newport
Beach to custom additional questions for Horne operator scripts, if needed. A live Hotline operator verifys
each complaint is directed to either the emergency contact or police/code compliance officer, depending
on your script progression. Each Hotline complaint/resolution contains a recording linked for further review.
The Mobile -Enabled Complaint Form is available online to the public, allowing citizens to submit STR-related
complaints. When a complaint form is submitted, it enters the centralized online complaint database.
2. Ensure Call Center staff uses script provided by the City.
We will review your current script and work directly with the City on a working script that satisfies your
requirements. According to our records, the last update made to the current script was made in November
of 2021. In conjunction with your Account Manager, Roxanna, and your Client Technical Support Rep, Alex, will
work with Newport regularyly to make adjustments/updates to the script so that our call center staff is using
the most up to date version.
Additionally, GovOS has recently provided enhanced training procedures for our call center staff so that we
are exceeding customer standards. This enhanced training approach will help to ensure scripts are being
adhered to and provides a better experience for those citizens calling in to file any complaints.
GOV'V
3. Provide immediate and real time notification to City personnel and the local contact/owner/
agent by e-mail, phone and text.
Our STIR Hotline provides a single point of contact with custom progressions to relay, respond, and escalate
complaints through City Admin and the property emergency contacts. A live Hotline operator will verify that
each complaint is directed to either the emergency contact or police/code compliance officer, depending
on the script progression, real-time. We have expanded the number of agents staffed at our call center, and
provided enhanced training to ensure that the appropriate party is provided with immediate notification
when a complaint is received and filed.
4. Update emergency contact information within 24 hours of City request and notification.
We can provide a few different options to update emergency contact information. If the City makes the
request directly to our team that information will be updated within 24 hours. An owner/operator of the rental
can update their own emergency contact information in the Business Center of our system when needed. If
you would like, we can include City approval for any owner/operator updates.
5. Provide full documentation of all incidents, including call logs and audio recordings within 24
number of hours/days of contact.
Standardly, full documentation of incidents/complaints, including uploaded documents, photos, audio/
video recordings from complainants are everyday functions of our system. All complaint form information
is uploaded to the GovOS database within 24-hours of contact. From the database, City staff can track
complaint information and compliance actions taken in response.
6. Provide monthly reports containing:
A) The number and types of reported incidents; and
All data can be accessed at the City's discretion. The GovOS Complaint dashboard will report the number
of complaints documented and the specific complaint types received on a monthly basis.
B) List of properties and ownership for which incidents have been reported.
Our agent will link the complaint to an associated address once received. The GovOS Complaint
dashboard lists properties where incidents have been reported and property/ownership information
linked to a specific complaint.
7. Provide metrics reports as requested, including, but not limited to, total inbound calls, actions
taken on calls, call length and wait time.
In addition to reports and real-time metrics provided in the Complaint dashboard, we can provide quarterly
reports from our database that detail specific items mentioned above - including total inbound calls,
follow-up/action taken, call length, wait time, contact information of reporting party, complaint types, and
complaint status.
Gov u
8. Provide an online portal which would allow the public to upload audio, video or photographs of
potential short term lodging violations. All portal submissions shall be forwarded to the responsible
owner as well as City staff, as designated by the City, and archived.
Full documentation of incidents/complaints, including uploaded documents, photos, audio/video recordings
from complainants are everyday functions of our system. All complaint form information is uploaded to the
GovOS database. From the database, City staff can track complaint information and compliance actions
taken in response.
Our database tracks the following information:
• Date, time, and reported concern for complaints lodged against an STIR property
• Description of the complaint
• Name and contact information for persons lodging complaints against an STIR property
• Full documentation of incidents/complaints, including uploaded documents, photos, audio/video
recordings
• Copies of any correspondence with STIR operators
• Copies of all notifications and notices
9. Store and allow City staff access to call logs, audio recordings and reports for at least three (3)
years.
The GovOS system provides storage and City staff access to call logs, audio recordings, and reports
indefinitely.
10. Allow City staff to pull live data at any time, to export to Excel.
All data can be accessed at the City's discretion. Additionally, outside of our prescribed reporting
mechanisms, the data presented in the system is easily manipulated and exportable from most screens.
Each report is exportable to CSV or Excel for further data manipulation. For an additional cost, GovOS can
also offer read-only access to the City's GovOS SQL database. The City can write their own SQL queries and
create reports based on the selected data. Custom reports can be built at the City's request for an additional
fee.
Gov V
References/Recent Project History
As a current customer you are our best reference. GovOS will continue delivering Newport Beach the complete
identification and compliance solution you have experienced as a partner. We have provided additional
references of comparable short-term rental market size who can also speak to the accurate and scalable
nature of our system.
Customer Contact• • •
Contact Name Barbara Wooster
Hilton Head Island, SC Title Revenue Customer service Manager
Phone 843.341.4652
Email barbaraw@hiltonheadislandsc.gov
Solution Description: STR Permitting, Hotline
Outcome/Results: Recently implemented, HHI has successfully completed onboarding and is now using our
STR Permitting and Hotline solutions to manage the scale of STRs. They can now track STRs, STR compliance
and STIR complaints.
Contact Name
Bela Del Valle
Title
Accommodations Compliance Administrator
Breckenridge, CO
Phone
970.547.3101
Email
belad@townofbreckenridge.com
Solution Description: STR Compliance, Accommodation Tax Remittance, STR Registration, Hotline
Outcome/Results: Customer since 2020, Breckenridge manages over 4,000 STRs in their community. Our tools
allow them to stay connected with their STIR community and ensure compliance across the board.
Contact Name
Liliana Gaines
Title
Senior Customer Account Representative
Oceanside, CA
Phone
760.435.3878
Email
Igaines@oceansideca.org
Solution Description: STR Permitting, Tax, and Hotline
Outcome/Results: Customer since 2019, Oceanside is successfully using our solution to streamline their STR
tasks to assist rapid short-term rental growth in the County. Our batch processing has increased the amount
of tax collected and increased their compliance rate.
GovSV
GovOS Provided Maintenance
Services
Industry Leader in Short -Term Rental Security Standards
Our engineering team maintains our servers 24x7x365 so there is little to no impact on your IT team, yet your
administrative and property users can trust our 99.99% level of up -time and industry standard for system
security.
Our security and compliance features include:
• SOC2 level security compliance
• Full time availability of production site, 365 days a year
• Active Firewall, SSL Encryption, and GeoTrust SSL
• Provide and manage testing and development sites
• Unlimited number of users, including both property and jurisdiction users
• Unexpected outage recovery and emergency response
GovOS leverages Amazon Web Services' (AWS) multi -million -dollar investment in security and infrastructure.
This ensures a highly secure and reliable, scalable, and low-cost infrastructure platform in the cloud. AWS hosts
our applications AND our client data.
Commitment to Innovation - Feature Releases
We are passionate about remaining innovate for our clients to improve efficiency, compliance, and revenues.
New features built based on feedback from our clients, and their property owners/managers are released
several times throughout the year. We ensure our client communities are at the forefront of emerging
technologies and are well -positioned to anticipate and address current and future needs of your STIR
ecosystem.
Your Software -as -a- Service subscription includes:
• Product Releases and Engineering Support
• New product features releases: users are made aware of new features prior to their release
• Software engineers who resolve functional issues with existing features
GovV
Data Security & Accessibility
8 Secure Access & Permissions
• Multi -factor authentication is required to access any sensitive data in our System.
• Each System user can have specific permissions to govern what they can and cannot
access within our System.
• User permissions support segregation of duties and protect sensitive data. GovOS works with
staff to set up each user with appropriate permissions from an extensive list of options.
oto>io Data Accessibility
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• Our 'role specific user permissions' allow the City/County to offer a public facing site for
property owners and managers to manage their compliance 24x7x365.
• Jurisdiction users have access to all data records in our System, allowing the jurisdiction
to craft multiple user groups to manage distinct levels of access for varying departmental
users.
• The jurisdiction owns the data in the GovOS system. They can choose to share the data with
the public when required.
• Should the jurisdiction change providers, all data in GovOS will be relinquished.
Data Storage & Redundancy
• Our databases utilize the RIDS hourly back-ups with a 35-day retention lifecycle.
• Backups utilize a real time database backup system to a secondary RIDS instance in a
different region. Using AWS, backups are taken every 5 minutes and stored for 30 days.
OData Privacy & Encryption
• GovOS implements GeoTrust SSL certificates on site to ensure all data between the business
owner and our server is encrypted using the industry standard AE-256 encryption algorithm.
• Our System containing Personal Identifiable Information is SOC2 Type II certified.
GOVO b V
Information Security
We will continue to keep your data safe and accessible. Our infrastructure is AWS based with extensive security
and monitoring in place. Data in transit (website to the database, database to the site) is encrypted using
industry standard SHA-256RSA algorithms, and data at rest (stored in the database) is encrypted using AES-
256 encryption algorithm.
Security Overview
GovOS security objectives are driven by our government entity customer needs. Our online business compliance
platform and short-term rental compliance tools provide the highest level of security and privacy available to
meet our customers' needs.
GovOS has established operational requirements that support the achievement of security commitments,
relevant laws and regulations, and other system requirements. Information security policies define an
organization -wide approach to how systems and data are protected. These include policies around how the
software is designed and developed, how the system is operated, how the internal business systems and
networks are managed, and how employees are hired and trained. In addition to these policies, standard
operating procedures have been documented on how to carry out specific manual and automated processes
required in the operation and development of the GovOS platform.
Infrastructure & Security
• Our systems are developed for and utilize cloud -based technology for better and faster access
anytime, anywhere.
The primary infrastructure used to provide the GovOS system is Amazon Web Services.
— AWS hosts both our applications and our client data.
— Our solution security leverages Amazon's multibillion dollar investment in security and
infrastructure.
— This ensures a highly secure and reliable, scalable, and low-cost infrastructure platform in the
cloud.
— Competitive solutions use private clouds and have significantly less investment in security.
• Our servers all have 24/7 monitoring and instant alerts for any unusual activity including:
— Spiking CPU usage
— High memory usage
— Low disk space
— Attempted attacks from outside parties
Gov SV
• Our environment utilizes redundancy systems for high availability, i.e., if any server is too busy, another
is used.
— Real-time, instantaneous backups in multiple regions.
o For example, if there is an outage in California, we can move to servers in another region to
minimize any downtime.
• Encryption technologies used to protect customer data both at rest and in transit. This means that all
data, both on the site and in the database, is secured via the highest encryption protocols.
• Every web and database server are behind a smart load balancer that restricts access from certain
locations. This functions as an additional security system, which can detect attacks and attempts to
disrupt service.
• Secure Server Administration is only accessible to a limited number of GovOS administrators via secure
Virtual Private Network (VPN) connections utilizing the latest multi -factor authentication technology.
• Multi -factor authentication (MFA) is required for administrator access to our System. Usernames and
passwords are important but are vulnerable to cyber-attacks. MFA enhances our product security by
requiring users to identify themselves by more than a username and password.
GOVOSV
EXHIBIT B
SCHEDULE OF BILLING RATES
GovOS, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Compliance Support
24/7 Call Center
TOTAL
Sep 2023
$
2,518.78
$
629.70
$
3,148.48
Oct 2023
$ 2, 518.78
$ 629.70
$
3,148.48
Nov 2023
$
2, 518.78
$
629.70
$
3,148.48
Dec 2023
$
2, 518.78
$
629.70
$
3,148.48
�J
Jan 2024
$
2, 518.78
$
629.70
$
3,148.48
Feb 2024
$ 2, 518.78
$ 629.70
$
3,148.48
Mar 2024
$ 2, 518.78
$ 629.70
$
3,148.48
Apr 2024
$
2,518.78
$
629.70
$
3,148.48
May 2024
$
2,518.78
$
629.70
$
3,148.48
Jun 2024
$ 2, 518.78
$ 629.70
$
3,148.48
�a
J u 1 2024
$
2,695.10
$
673.77
$
3,368.87
Aug 2024
$ 2,695.10
$ 673.77
$
3,368.87
TOTAL
$
30,578.00
$
7,644.54
$ 38,222.54
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
GovOS, Inc. Page C-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
GovOS, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
GovOS, Inc. Page C-3
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
GovOS, Inc. Page C-4
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