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Home My WebLink About121-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 121-23 File Number: 2023-739 SHORT TERM RENTAL BUSINESS LICENSE COMPLIANCE: A RESOLUTION TO AUTHORIZE AND REQUEST THAT MAYOR JORDAN CONTRACT WITH A COMPANY TO INVESTIGATE AND REPORT BACK TO THE CITY INFORMATION ABOUT SHORT-TERM RENTAL OPERATIONS THAT DO NOT HAVE VALID BUSINESS LICENSES AND TO APPROVE AN APPROPRIATE BUDGET ADJUSTMENT TO PAY FOR THE CONTRACT WHEREAS, there appears that many short-term rentals are operating in Fayetteville without the life and safety inspections required of all short-term rentals; and WHEREAS, these numerous short-term rentals have also failed to become property licensed as required by Fayetteville law; and WHEREAS, these short-term rentals are operating without a conditional use permit so that their neighbors have not been provided an opportunity to discuss any objections to or comments about these unlicensed short-term rentals; and WHEREAS, city staff does not apparently have enough staff time to promptly locate and investigate these unlicensed short-term rentals so that the City should retain a private company to locate and investigate these unlicensed short-term rentals so the Fayetteville regulations will be enforced for all short-term rentals equally. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes and requests that Mayor Jordan contract with an independent contractor to locate, investigate and report to the City the address and status of all short -tern rentals operating, but not currently licensed pursuant to the Fayetteville Code, and expresses its intent to approve an appropriate budget adjustment to fund this effort - PASSED and APPROVED on May 16, 2023 0 Approv Attest: �ti��?'K f rR��fi Arr�• . M FAYETIV1LLr i�+Q c � ••'l�� Lioneld Jo an, ayor Kara Paxton, City Clerk Treasurer ••i��I�J kAN �tf1tll;lN��► Page 1 Resolution: 121-23 File Number: 2023-739 Page 2 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF MAY 16, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-739 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: Resolution to authorize a contract for short term rental compliance checks RECOMMENDATION: Council Member Teresa Turk is sponsoring a resolution to authorize Mayor Jordan contract with a company to investigate and report back to the city information about compliance with the City's short term rental regulations. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Short Term Rental Compliance - Council Member Teresa Turk Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-739 Resolution to authorize a contract for short term rental compliance checks A RESOLUTION TO AUTHORIZE AND REQUEST THAT MAYOR JORDAN CONTRACT WITH A COMPANY TO INVESTIGATE AND REPORT BACK TO THE CITY INFORMATION ABOUT SHORT-TERM RENTAL OPERATIONS THAT DO NOT HAVE VALID BUSINESS LICENSES AND TO APPROVE AN APPROPRIATE BUDGET ADJUSTMENT TO PAY FOR THE CONTRACT WHEREAS, there appears that many short-term rentals are operating in Fayetteville without the life and safety inspections required of all short-term rentals; and WHEREAS, these numerous short-term rentals have also failed to become property licensed as required by Fayetteville law; and WHEREAS, these short-term rentals are operating without a conditional use permit so that their neighbors have not been provided an opportunity to discuss any objections to or comments about these unlicensed short-term rentals; and WHEREAS, city staff does not apparently have enough staff time to promptly locate and investigate these unlicensed short-term rentals so that the City should retain a private company to locate and investigate these unlicensed short-term rentals so the Fayetteville regulations will be enforced for all short-term rentals equally. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes and requests that Mayor Jordan contract with an independent contractor to locate, investigate and report to the City the address and status of all short -tern rentals operating, but not currently licensed pursuant to the Fayetteville Code, and expresses its intent to approve an appropriate budget adjustment to fund this effort. Page 1 Civic Clerk Item No.: 2023-739 AGENDA REQUEST FORM FOR: Council Meeting of May 16, 2023 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE AND REQUEST THAT MAYOR JORDAN CONTRACT WITH A COMPANY TO INVESTIGATE AND REPORT BACK TO THE CITY INFORMATION ABOUT SHORT TERM RENTAL OPERATIONS THAT DO NOT HAVE VALID BUSINESS LICENSES AND TO APPROVE AN APPROPRIATE, BUDGET ADJUSTMENT TO PAY FOR THE CONTRACT APPROVED FOR AGENDA: a44, mow — City Council Member Teresa Turk /- 1. � ��- City Attorney KitWilliams Approved as to form April 28, 2023 Date April 28, 2023 Date To: City of Fayetteville attorney, Kit Williams From: Teresa Turk, City Council Member, Ward 4, Position 1 Date: April 28, 2023 Re: Request for Resolution to Investigate Unlicensed Short -Term Rentals within the City of Fayetteville, Arkansas Good morning Kit, I am requesting the drafting of a resolution to bring before the City Council on May 16, 2023 requiring the City of Fayetteville to hire an independent contractor with expertise and experience in identifying unlicensed short-term rentals. The findings from this investigation would inform the City Council and the Administration of the total number of short-term rentals operating within the City of Fayetteville and identify those out of compliance with City of Fayetteville ordinances. Please let me know if you require further Information and thank you for your assistance. Teresa A Turk City of Fayetteville, AR, Council Member, Ward 4, Position 1 Granicus Short Term Rental Verification Services Keith Macedo Submitted By City of Fayetteville Staff Review Form Legista...._ .— N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/5/2023 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Staff recommends authorizing the attached Granicus order form for Short Term Rental address verification services. 4470.170.8170-5315.00 Account Number 04047.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Sales Tax Capital Fund Fayetteville-AR.gov Technical Improvements Project Title Current Budget $ 112,596.00 Funds Obligated $ 6,870.00 Current Balance 105,726.00 l Item Cost $ 27,018.00 Budget Adjustment $ - Remaining Budget V20210527 Previous Ordinance or Resolution # 121-23 Approval Date: 07/07/2023 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: July 5, 2023 STAFF MEMO SUBJECT: Staff recommends authorizing the attached Granicus order form for Short Term Rental address verification services. RECOMMENDATION: Staff recommends authorizing the attached Granicus order form for Short Term Rental address verification services. BACKGROUND: City Council passed Resolution 121-23, on May 16, 2023, to contract with a company to investigate and report back to the city information about short-term rental operations that do not have valid business lines. DISCUSSION: City IT and Development Services staff reviewed several vendors and recommend Granicus to provide investigation and reporting services for short-term rentals within Fayetteville city limits. Granicus was awarded a contract 01-115 with National Cooperative Purchasing Alliance (NCPA/OMNIA) which allows the City to leverage the cooperative agreement to fulfill City purchasing policy requirements. The attached agreement is a 1-year agreement that can be renewed for up to 3 total years. BUDGET/STAFF IMPACT: The attached order form is a 1-year agreement in the amount of $27,018.00 to provide information about short term rentals within the City of Fayetteville. This one-time expense will be funded within IT Fayetteville-ar.gov Sales Tax Capital CIP. If the City decides to extend the service for an additional 1-year term it will be pending a budget request to fund the program. Year 2 would be $28,368.90 and Year 3 would be $29,787.35 if the City decides to extend the agreement beyond the initial 1 year term. Attachments: Staff review form, Staff review memo, Granicus order form, NCPA/Omnia cooperative purchase contract documents. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 GRAN ICUS 408 St. Peter St, Suite 600 St. Paul, MN 55102 THIS IS NOT AN INVOICE Procurement Vehicle: NCPA (01-115) In Support of: Fayetteville, AR Order Form Prepared for Fayetteville, AR This quote is for budgetary purposes only. Please do not submit a Purchase Order against this document. Pricing is subject to change based on the scope, reseller, or contract utilized. Please contact your Granicus representative for an official quote, which will include a period of performance, final pricing, and terms and conditions. ORDER DETAILS Prepared By: Mike Bozich Phone: Email: mike.bozich@granicus.com Order #: Q-239081 Prepared On: 26 May 2023 Expires On: 16 Jun 2023 ORDER TERMS Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: This Agreement shall become effective on the date it is awarded and will continue for 12 months. Client will have the option to renew this Agreement for 2 period(s) of 1 year each. Order #: Q-239081 Prepared: 26 May 2023 Page 1 of 6 GR A N I CU S Order Form Fayetteville, AR PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. ne-Time Fees Solution iluienc Quantity/Unit One -Time Fee Fre Address Identification - Setup and Up Front 1 Each $0.00 Configuration Address Identification - Online Training Up Front 1 Each $0.00 SUBTOTAL: $0.00 1 New Subscription Fees Solution Bill ing Quantity/Unit Annual Fee Fre uq ency Annual 1 Each $27,018.00 Address Identification Esri Integration Annual 1 Each $0.00 SUBTOTAL: $27,018.00 Order #: Q-239081 Prepared: 26 May 2023 Page 2 of 6 GGRAN ICUS FUTURE YEAR PRICING Order Form Fayetteville, AR Period of Performance Solutions) Year 2 Year 3 Address Identification $28,368.90 $29,787.35 Esri Integration $0.00 $0.00 SUBTOTAL: $28,368.90 $29,787.35 Order #: Q-239081 Prepared: 26 May 2023 Page 3 of 6 GRANICUS PRODUCT DESCRIPTIONS Order Form Fayetteville, AR Solution Description Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction - Updating listing activity and details every 3-5 days - Screenshot activity of every listing - Deduplication of listings into unique Rental Units - Activity dashboard and map to monitor trends and breakdown of compliance Address Identification - Setup and Configuration Setup and configuration of the platform to facilitate the systematic identification of the addresses and owner's contact information for short- term rentals located in a specific local government's jurisdiction. Note: The implementation timeline for Client is dependent on Granicus' receipt of all data from Client required to complete the services, including assessor data and registration files, in the format agreed upon by the parties prior to project kick-off. Any fees associated with the collection or receipt of required data will be borne by Client. Address Identification - Online Virtual training session with a Granicus professional services trainer. Training Esri Integration One way integration from Esri ArcGIS to Host Compliance for weekly property data (assessor data) syncing. Order #: Q-239081 Prepared: 26 May 2023 Page 4 of 6 ( GRANICUS TERMS & CONDITIONS Order Form Fayetteville, AR • This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product -specific terms included therein (the "License Agreement"). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-239081 dated 26 May 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Fayetteville, AR to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • The terms and Conditions of the Agreement 01-115 effective December 8th 2020 between Granicus and NCPA govern this Quote and are incorporated herein by reference, including the Master Agreement and all exhibits thereto. • Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per -unit pricing. Order #: Q-239081 Prepared: 26 May 2023 Page 5 of 6 GRANICUS BILLING INFORMATION Billing Contact: Billing Address: Billing Email: Purchase Order Required? PO Number: If PO required Billing Phone: Order Form Fayetteville, AR [ 1 -No [ ) - Yes If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-239081 dated 26 May 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Fayetteville, AR Signature: Name: ()o' neld Title: Mayor Date: 07/07/2023 Order #: Q-239081 Prepared: 26 May 2023 Page 6 of 6