HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - C5. Services Agreement with Host Compliance LLC for Short-Term Rental Compliance
Page 1
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director
SUBJECT: Short Term Rental Compliance Software License
MEETING DATE: October 7, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to execute the agreement with Host
Compliance LLC, for a software license for shorter-term rental compliance monitoring and
associated services..
BACKGROUND: The City Commission held a public hearing on August 14, 2017 and
provisionally adopted Ordinance 1974, regulations for short term rentals (STRs). Final adoption
of Ordinance 1974 occurred at a hearing on September 11, 2017 and a fee resolution was
adopted at the same meeting.
The City contracted with a software provider to support implementation of the newly adopted
ordinance. The initial two-year term of that contract has expired. This item will renew the
software license.
The software provides much of the tracking and some of the basic enforcement work for the
City. The software monitors websites where STRs are commonly listed on a nightly basis, and
incorporates the information collected with data from the County Assessor’s property database to
identify and verify property owner information. The software will:
• List new vacation rental properties and those that do not currently hold an STR
registration.
• Provide a portal on the City’s website allowing applicants to register and renew the
registration for their STRs online.
• Provide a portal on the City’s website for submitting complaints.
In addition, the software will generate compliance letters on City letterhead that inform STR
owners they are not in compliance and ask them to register, as well as notices of violation of the
76
Page 2
Ordinance should such owners continue to not be in compliance. The software will also generate
reminder letters of upcoming registration renewal dates.
The software supports staff work on determining compliance. It does not replace the entire need
for staff work in implementation of this program and standards.
UNRESOLVED ISSUES: None known at this time.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The annual license fees are $19,800.
Attachment:
Software license agreement
77
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 1 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
Host Compliance Services Agreement
THIS SERVICES AGREEMENT (the “Agreement”) is entered into as of September 25, 2019 (the “Effective Date”),
between Host Compliance LLC, (“Host Compliance”) and the City of Bozeman, Montana, with an address at 121 N.
Rouse Avenue, Bozeman, MT 59715 (the “Customer”). This Agreement supersedes and replaces that certain STR
Helper Software License and Professional Services Agreement by and between the Customer and Bear Cloud
Software LLC dated September 25, 2017 (the “BCS Agreement”), and sets forth the terms and conditions under which
Host Compliance agrees to license to Customer certain hosted software and provide all other services necessary for
Customer’s productive use of such software (the “Services“) as further described in the attached Schedule 1.
1.0 Services.
1.1 Subscriptions. Subject to and conditioned on Customer’s payments pursuant to Section 4.0 of this
Agreement, Host Compliance hereby grants Customer a non-exclusive, non-transferable right to access
and use the Services during the term of this Agreement, in accordance with the terms and conditions of
this Agreement. Unless otherwise provided in the attached Schedule 1, (a) Services are purchased as
subscriptions, (b) additional service subscriptions may be added during a subscription term, with the
pricing for such additional services, prorated for the portion of that subscription term remaining at the
time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as
the underlying subscription.
1.2 Provision of Services. Customer and Customer’s end-users (“End Users”) may access and use the
Services and any other Services that may be ordered by the Customer from time to time pursuant to a
valid subscription in accordance with the terms of this Agreement.
1.3 Facilities and Data Processing. Host Compliance will use, at a minimum, industry standard technical
and organizational security measures to store data provided by Customer, or obtained by Customer
through the use of the Services (“Customer Data”). These measures are designed to protect the
integrity of Customer Data and guard against unauthorized or unlawful access.
1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host
Compliance updates the Services in a manner that materially improves functionality, Host Compliance
will inform the Customer.
2.0 Customer Obligations.
2.1 Customer Administration of the Services. Host Compliance’ responsibilities do not extend to internal
management or administration of the Services. Customer is responsible for: (i) maintaining the
confidentiality of Customer passwords and accounts; (ii) managing Customer access to Host Compliance
system administrator accounts; and (iii) ensuring that such administrators’ use of the Services complies
with this Agreement.
78
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 2 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
2.2 Compliance. Customer is responsible for use of the Services, including use of the Services by End Users
and will comply with laws, regulations, and such provisions of this Agreement that are applicable to
Customer’s use of the Services.
2.3 Unauthorized Use & Access. Customer will take reasonable steps to prevent unauthorized use of the
Services and terminate any unauthorized use of or access to the Services. Customer will promptly
notify Host Compliance of any unauthorized use of or access to the Services.
2.4 Restricted Uses. Customer will not and will ensure that its End Users do not: (i) sell, resell, or lease the
Services; (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to do
so; or (iii) use the Services in any way that infringes, misappropriates or otherwise violates any
intellectual property right or other right of any person, or that violates any applicable law.
2.5 Third Party Requests.
2.5.1 “Third Party Request” means a request from a third party for records relating to Customer’s
or an End User’s use of the Services including information regarding an End User. Third
Party Requests may include valid search warrants, court orders, or subpoenas, or any other
request for which there is written consent from End Users permitting a disclosure.
2.5.2 Customer is responsible for responding to Third Party Requests via its own access to
information policies. Customer will seek to obtain information required to respond to Third
Party Requests and will contact Host Compliance only if it cannot obtain such information
despite diligent efforts.
2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable
efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A)
promptly notify Customer of Host Compliance’s receipt of a Third Party Request; (B) comply
with Customer’s reasonable requests regarding efforts to oppose a Third Party Request; and
(C) provide Customer with information or tools required for Customer to respond to the
Third Party Request (if Customer is otherwise unable to obtain the information). If
Customer fails to promptly respond to any Third Party Request, then Host Compliance may,
but will not be obligated to do so.
2.5.4 If Customer receives a Third Party Request for access to the Services, or descriptions,
drawings, images or videos of the Services’ user interface, Customer will make reasonable
efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A)
promptly notify Host Compliance of Customer’s receipt of such Third Party Request; (B)
comply with Host Compliance’s reasonable requests regarding efforts to oppose a Third
Party Request; and (C) provide Host Compliance with information required for Host
Compliance to respond to the Third Party Request. If Host Compliance fails to promptly
respond to any Third Party Request, then Customer may, but will not be obligated to do so.
3.0 Intellectual Property Rights; Confidentiality
3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host
Compliance any intellectual Property Rights (as defined below) in the Customer Data or (ii) Customer
79
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 3 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
any Intellectual Property Rights in the Services, any other products or offerings of Host Compliance,
Host Compliance trademarks and brand features, or any improvements, modifications or derivative
works of any of the foregoing. Notwithstanding the foregoing, while Customer Data and Services may
include some Publicly Available Data (as defined as below), neither Customer nor Host Compliance
make any proprietary claim to Publicly Available Data. “Intellectual Property Rights” means current
and future worldwide rights under patents, copyright, trade secret, trademark, moral rights and other
similar rights. “Publicly Available Data” means data, material, and information collected from publicly
available sources in the performance of this Agreement, but specifically excluding Services.
3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate
into its products and services, and license and sub-license, any feedback, comments, or suggestions
Customer or End Users send Host Compliance or post in Host Compliance’s online forums without any
obligation to Customer.
3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or
otherwise disclose to any person, firm or corporation, without written authorization of Host
Compliance, or except as required by law (including Montana’s public records laws), any Confidential
Information of Host Compliance, including without limitation any trade secrets, confidential knowledge,
data or other proprietary information relating to the Services. “Confidential Information” means all
information, written or oral, relating to the business, operations, services, facilities, processes,
methodology, technologies, intellectual property, research and development, customers, strategy or
other confidential or proprietary materials of Host Compliance.
3.4 Consent to use Customer Data and Marks. Customer hereby irrevocably grants all such rights and
permissions in or relating to Customer Data to Host Compliance: (i) to perform the Services; (ii) to
enforce this Agreement and exercise Host Compliance rights hereunder; and (iii) to use for any lawful
purpose. Customer hereby grants to Host Compliance a license to use, reproduce and display
Customer's name and logos in connection with: (i) Host Compliance performance of its obligations
hereunder; (ii) include Customer's name and logos in its lists of Host Compliance current or former
customers, and (ii) with Customer’s prior consent, for promotional and marketing purposes such as
developing promotional press releases, case studies, and reports.
3.5 Validated Data. In the course of providing the Services, Host Compliance performs significant work
validating and confirming various data sets including, without limitation, postal addresses, property
owner information, and listing de-duplication (“Validated Data”). Validated Data may include data
otherwise classified as Customer Data, Services, or Publicly Available Data. Notwithstanding any
provision to the contrary in this Agreement, Customer is prohibited from disclosing Validated Data to a
competitor of Host Compliance during the term of this Agreement and for a period of one (1) year
thereafter.
4.0 Fees & Payment.
4.1 Fees.
80
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 4 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
4.1.1 Customer will pay Host Compliance for all applicable fees upfront annually, as set forth in
Schedule A.
4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on
the applicable invoice. Unless otherwise indicated, all dollar amounts referred to in the
Agreement are in U.S. funds.
4.2 Taxes. Customer is responsible for all taxes. Host Compliance will charge tax when required to do so.
If Customer is required by law to withhold any taxes, Customer must provide Host Compliance with an
official tax receipt or other appropriate documentation.
4.3 Purchase Orders. If Customer requires the use of a purchase order or purchase order number,
Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms
and conditions on a Customer purchase order will not apply to this Agreement or the Services provided
hereunder and are null and void.
5.0 Term & Termination.
5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which
shall automatically renew for a further period of one year upon each expiry of the then current term,
unless either party provides written notice to the other party of its intention not to renew at least 45
days prior to the end of the then current term. That said, the time period until the earlier of (a) the 6-
month anniversary of the Effective Date, or (b) the start date of Customer’s systematic or mass
outreach activities utilizing the data obtained through the Services (traditional mail, electronic mail,
and/or telephone campaigns), or (c) termination by Host Compliance in our sole discretion, shall be
considered a trial period (“Trial Period”).
5.2 Termination for Convenience. If, for any reason during the Trial Period, Customer is dissatisfied with
the Services, Customer may terminate the Subscription and all funds paid under this Agreement will be
refunded and future commitments waived.
5.3 Effects of Termination for Convenience. If this Agreement is terminated by Customer in accordance
with Section 5.2 (Termination for Convenience): (i) the rights granted by Host Compliance to Customer
will cease immediately and Customer will no longer have the right to utilize the data obtained through
the use of the Services for outreach (including traditional mail, electronic mail, and/or telephone); and
(ii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to
Customer’s account. The following sections will survive expiration or termination of this Agreement:
2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.2
(Termination for Convenience), 5.3 (Effects of Termination for Convenience), 6.0 (Indemnification), 7.0
(Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous).
5.4 Termination for Breach: Following the Trial Period, a party may terminate this Agreement for cause
upon 45 days written notice to the other party of a material breach if such breach remains uncured at
the expiration of such period. In addition, Host Compliance may terminate this Agreement, effective on
written notice to Customer, if Customer fails to pay any amount when due hereunder, and such failure
continues more than 10 days after Host Compliance’s delivery of written notice hereof.
81
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 5 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
5.5 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in
accordance with Section 5.4 (Termination for Breach), Host Compliance will refund Customer any
prepaid fees covering the remainder of the term of all Subscriptions after the effective date of
termination. If this Agreement is terminated by Host Compliance in accordance with Section 5.4
(Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the
Agreement. In no event will Customer’s termination after the first 6 months relieve Customer of its
obligation to pay any fees payable to Host Compliance for the period prior to the effective date of
termination.
5.6 Effects of Termination for Breach. If this Agreement is terminated in accordance with Section 5.4
(Termination for Breach): (i) the rights granted by Host Compliance to Customer will cease immediately
(except as set forth in this section); (ii) Host Compliance may provide Customer access to its account at
then-current fees so the Customer may export its Customer Data; and (iii) after a reasonable period of
time, Host Compliance may delete any Customer Data relating to Customer’s account. The following
sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0
(Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.5 (Refund or Payment upon
Termination for Breach), 5.6 (Effects of Termination for Breach), 6.0 (Indemnification), 7.0 (Exclusion of
Warranties; Limitation of Liability), and 8.0 (Miscellaneous).
6.0 Indemnification and Insurance.
6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and
against all liabilities, damages, and costs (including settlement costs and reasonable attorney’s fees)
arising out of any claim by a third party against Customer to the extent based on (i) allegations that
Host Compliance’ technology used to provide the Services to the Customer infringes or misappropriates
any copyright, trade secret, patent or trademark right of the third party; or (ii) disclosure of personally
identifiable information or other confidential Customer Data caused by the act or omission of Host
Compliance or any of its agents, subcontractors, or employees, provided that to the extent the
Customer has any role in such disclosure, the apportionment of liability shall be shared between the
parties based upon the comparative degree of each party’s negligence . Host Compliance’s indemnity
obligations under this section shall be without regard to and without any right to contribution from any
insurance maintained by the City.
6.2 In no event will Host Compliance have any obligations or liability under this section arising from: (i) use
of any Services in a modified form or in combination with materials not furnished by Host Compliance
and (ii) any content, information, or data provided by Customers, End Users, or other third parties.
6.3 Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a
third party’s Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at
Host Compliance’ expense, to continue using the Services; (ii) provide a non-infringing functionally
equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If
Host Compliance does not believe the options described in this section are reasonable then Host
Compliance may suspend or terminate this Agreement and/or Customer’s use of the affected Services
82
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 6 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
with no further liability or obligation to the Customer other than the obligation to provide the Customer
with a pro-rata refund of pre-paid fees for the affected portion of the Services.
6.4 General. The party seeking indemnification will promptly notify the other party of the claim and
cooperate with the other party in defending the claim. The indemnifying party will have full control and
authority over the defense, except that: (i) any settlement requiring the party seeking indemnification
to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the
other party may join in the defense with its own counsel at its own expense. The indemnities above are
Host Compliance’ and Customer’s only remedy under this Agreement for violation by the other party of
a third party’s Intellectual Property Rights.
6.5 Insurance. Host Compliance shall at Host Compliance’s expense secure insurance coverage through an
insurance company or companies duly licensed and authorized to conduct insurance business in
Montana which insures the liabilities and obligations specifically assumed by Host Compliance in this
section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by
Host Compliance in this section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that
may be asserted or claimed against, recovered from, or suffered by the City without limit and without
regard to the cause therefore and which is acceptable to the City and Host Compliance shall furnish to
the City an accompanying certificate of insurance and accompanying endorsements in amounts not less
than as follows:
• Workers’ Compensation – statutory;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and
employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on
the Commercial General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to the Contractor commencing
work. Contractor shall notify City within five (5) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
7.0 EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY.
7.1 EXCLUSION OF WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, HOST
COMPLIANCE MAKES NO OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE WITH RESPECT TO THE SERVICES. HOST COMPLIANCE DOES NOT MAKE ANY
83
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 7 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
REPRESENTATIONS OR WARRANTIES OF ANY KIND TO CLIENT WITH RESPECT TO ANY THIRD PARTY
SOFTWARE FORMING PART OF THE SERVICES
7.2 LIMITATION ON INDIRECT LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR HOST
COMPLIANCE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER CUSTOMER NOR HOST
COMPLIANCE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS
AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, OR (II) LOSS OF USE, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER DIRECT OR
INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE
POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3 LIMITATION ON AMOUNT OF LIABILITY. FOR OTHER THAN HOST COMPLIANCE’S INDEMNIFICATION
OBLIGATIONS UNDER THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, HOST
COMPLIANCE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID
BY CUSTOMER TO HOST COMPLIANCE HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE
EVENT GIVING RISE TO LIABILITY.
8.0 Miscellaneous.
8.1 Terms Modification. Host Compliance may wish to revise this Agreement from time to time. If a
revision, in Host Compliance’ sole discretion, is material, Host Compliance will notify Customer and
possibly request that an Amendment to this Agreement be agreed upon and signed. If Customer does
not agree to the revised Agreement terms, Customer may terminate the Services within 30 days of
receiving notice of the change.
8.2 Entire Agreement. The Agreement including the invoice and order form provided by Host Compliance,
constitutes the entire agreement between Customer and Host Compliance with respect to the subject
matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the subject matter of this Agreement. If
there is a conflict between the documents that make up this Agreement, the documents will control in
the following order: this Agreement, then the invoice, then the order form.
8.3 Governing Law. This Agreement will in all respects be governed exclusively by and construed in
accordance with the laws of the State of Montana.
8.4 Severability. Unenforceable provisions will be modified to reflect the parties’ intention and only to the
extent necessary to make them enforceable, and the remaining provisions of the Agreement will
remain in full effect.
8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will
not create a continuing waiver or any expectation of non-enforcement.
8.6 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable
for inadequate performance to the extent caused by a condition that was beyond the party’s
reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition,
governmental action and Internet disturbance).
84
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 8 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
8.7 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any “piggybacking”
programs pertinent to local government, and Customer agrees to reasonably allow any local
government to “piggyback” off of Customer’s efforts leading to this Agreement.
8.8 Independent Contractor. It is specifically understood and agreed that in the making and performance
of this Agreement, Host Compliance is an independent contractor and is not and shall not be construed
to be an employee of Customer.
8.9 Nondiscrimination. Host Compliance agrees that all hiring by Host Compliance of persons performing
this Agreement shall be on the basis of merit and qualifications. Host Compliance will have a policy to
provide equal employment opportunity in accordance with all applicable state and federal anti-
discrimination laws, regulations, and contracts. Host Compliance will not refuse employment to a
person, bar a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity, physical or
mental disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. Host Compliance shall require these
nondiscrimination terms of its subcontractors providing services under this Agreement.
85
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 9 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date.
City of Bozeman by its authorized signatory:
Name:
Title:
Date:
Billing Contact:
Billing Email:
Billing Direct Phone:
Host Compliance LLC by its authorized signatory:
Name: Ulrik Binzer
Title: Chief Executive Officer
Date: 9/20/2019
Account Executive: Johannah Richards
Email: johannah.richards@hostcompliance.com
Phone: 415-423-1373
86
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 10 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
Schedule 1
Scope of Services:
Mobile Enabled Web Based Registration
The development and hosting of an electronic web-based short-term rental registration forms1. The capabilities of
the forms include:
• 24/7 availability
• Mobile adaptive design
• The ability to validate inputs whenever possible as to minimize data-entry errors
• Electronic signature capabilities
• Electronic credit and debit card payment capabilities through our payment processing partner Stripe, Inc.
• Ability to collect supporting documents (if required)
• SSL encryption
• Data available through app.hostcompliance.com
• Data downloadable into csv format via app.hostcompliance.com
Annual Subscription Service Price $5465 / yr
Address Identification
Monthly email-delivered report and live web-delivered dashboard with complete address information and
screenshots of all identifiable STRs in Bozeman’s jurisdiction. For the sake of clarity, please note that this is an
upgrade from the 500 listing limitation under the BCS Agreement.
• Up-to-date list of jurisdiction's active STR listings
• High resolution screenshots of all active listings (captured weekly)
• Full address and contact information for all identifiable STRs in jurisdiction
• All available listing and contact information for non-identifiable STRs in jurisdiction
Annual Subscription Service Price $8307 / yr
1 When a payment is collected, the variable customary card and ACH processing fees charged by Stripe, Inc. are passed onto paying
constituents as a convenience fee in our standard configuration, nor does the system process payments of < $0.50. Please note that
when ACH transactions fail, the constituent will be charged a $4 fee, and when refunding a payment, the associated fees are not
returned.
87
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
last revised 01.25.19
www.hostcompliance.com 11 1037 NE 65th Street #81158 Tel: (754) 888-HOST (4678) Seattle, WA 98115
Compliance Monitoring
Ongoing monitoring of the short-term rentals operating in Bozeman’s jurisdiction for zoning and permit compliance
coupled with letters for outreach to non-compliant short-term rental property owners (using Bozeman’s form
letters)
● Ongoing monitoring of STRs for zoning and permit compliance
● Letters for outreach to unpermitted and/or illegal short-term rental operators (using jurisdiction's form
letters)
● Monthly staff report on jurisdiction's zoning and permit compliance:
● Up-to-date list of STRs operating illegally or without the proper permits
● Full case history for non-compliant listings
Annual Subscription Service Price with added mailing functionality $3349 / yr
24/7 Short-term Rental Hotline
24/7 staffed telephone and online hotline for neighbors to report non-emergency problems related to STR
properties:
● Incidents can be reported by phone or online
● Full documentation of all reported incidents
● Digital recordings and written transcripts of all calls
● Ability for neighbors to include photos, video footage and sound recordings to document complaints
● Real-time outreach to owners of problem properties (whenever owner’s contact info is known)
● Weekly staff reports containing:
○ The # and types of reported incidents
○ List of properties for which incidents have been reported
● Custom reports and analysis of hotline related activities
Annual Subscription Service Price $2679 / yr
Total Annual Subscription Service Price $19,800 / yr
88