2022-24 GovOS (former MuniRevs, dba LodgingRevs) Amendment 2 - STVR ProgramMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
___
___
___
Authority to execute this agreement is based upon:
Approved by City Council on ___________________________________________
City Manager’s signing authority provided under the City’s Purchasing Polic\
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
June 29, 2022
Jon McMillen
Monika Radeva
GovOS, Inc (MuniRevs, LodgingRevs) - 2-year term extension - permitting software for
the STVR Program; & $5,000 compensation increase for FY 2021/22
✔
✔
✔101-1005-60103
✔07/01/2022 06/30/2024
✔49,400 per fiscal year
✔
on file in LF - MR; exp 11/08/22 6/29/2022
✔LIC-767350 11/30/2021
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACT SERVICES WITH GOVOS, INC.
(former MUNIREVS, INC., DBA LODGINGREVS, INC.)
This Amendment No. 2 (“Amendment 2”) to Agreement for Contract
Services ("Agreement”) is made and entered into as of the 1st day of May,
2022, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a
California municipal corporation and GovOS, Inc. (“Contracting Party”).
RECITALS
WHEREAS, on or about October 16, 2019, the City and MUNIRevs, Inc.,
DBA LODGINGRevs entered into an Agreement to provide Short-Term Vacation
Rental Program services related to permitting, monitoring compliance, and tax
collection, for a total not to exceed amount of $49,440 per fiscal year. The
term of the Agreement expires on June 30, 2022 (“Initial Term”); and
WHEREAS, on or about July 20, 2021, the City and MUNIRevs, Inc. DBA
LODGINGRevs executed Amendment No. 1 (“Amendment No. 1”) and
mutually agreed to: 1) remove the Complaint Hotline services and related cost
from the Scope of Work in Exhibit A effective fiscal year 2021/22 for the
remainder of the Agreement Term; 2) for MUNIRevs, Inc. DBA LODGINGRevs
to implement certain software enhancements, at the request of the City, at an
additional cost of $11,925 for fiscal year 2020/21; and 3) add to Section 2.1
[Contract Sum] a contingency amount for additional software customizations
and enhancements, as needed at the request of the City, for fiscal years
2021/22 through 2023/24, for a combined total not to exceed $3,600 per
fiscal year; and
WHEREAS, the City was notified MUNIRevs, Inc., DBA LODGINGRevs
merged with and into Contracting Party on January 1, 2022 under Certificate
of Ownership and Merger, and all rights and responsibilities under the
Agreement and Amendment No. 1 previously held by MUNIRevs, Inc., DBA
LODGINGRevs have been assumed by Contracting Party; and
WHEREAS, the City and Contracting Party, in accordance with Section 1.7
of the Agreement and the Change Orders executed on February 8, 2022 and
February 16, 2022, implemented enhancements in fiscal year 2021/22 to add
validations to the existing transient occupancy (TOT) form and create a new
TOT form.
WHEREAS, the City and Contracting Party mutually agree to extend the
term of the Agreement for an additional two-year term from July 1, 2022,
through June 30, 2024 (“Extended Term”) in accordance with Section 3.4 of
the Agreement; and
WHEREAS, the City and Contracting party mutually agree to revise pricing
for fiscal year 2021/22 to accommodate the addition of services completed.
NOW THEREFORE, in consideration of the mutual covenant herein
contained, the parties agree that the Agreement is amended as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency
and receipt of which are hereby acknowledged, the parties hereto agree as
follows:
1. Contracting Party hereby assumes all rights and obligations under the
Agreement and Amendment No. 1, previously held by MUNIRevs, Inc.,
DBA LODGINGRevs. In accordance with and for the purposes of the terms
of the Agreement and Amendment No. 1, the City hereby consents to this
assignment resulting from the merger of MUNIRevs, Inc., DBA
LODGINGRevs with and into Contracting Party. All references to
MUNIRevs in the Agreement, Amendment No. 1, and any other
amendments or legal documentation are hereby amended to “Contracting
Party” and refer to GovOS, Inc.
2. Exhibit A is amended to include the following:
Contracting Party shall implement enhancements in fiscal year 2021/22 to
add validations to the existing TOT form, and to create a new TOT form
that does not calculate the additional 1% TBID assessment for bookings
of 27 nights/28 days through 29 nights/30 days, imposed by Visit Greater
Palm Springs.
3. Exhibit B attached hereto is amended to include additional compensation
to be paid by City to Contracting Party in fiscal year 2021/22, of not to
exceed Five Thousand Dollars ($5,000) for the above stated
enhancements to the TOT forms, for a total not to exceed compensation of
$54,440 for fiscal year 2021/22.
4. Section 3.4 Term is amended to read as follows:
Unless earlier terminated in accordance with the provisions in Article 8.0
of this Agreement, the term of this agreement shall commence on October
16, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement is extended for two additional years, upon mutual agreement
by both parties, from July 1, 2022, to June 30, 2024 (“Extended Term”).
Exhibit B
Schedule of Compensation
For the Services rendered pursuant to this Agreement, Contracting Party
shall be compensated as follows:
Initial Term:
Year 1 Fiscal Year 2019/20: Not to exceed $32,960
Year 2 Fiscal Year 2020/21: Not to exceed $61,365
x This amount is comprised of the $49,440 annual compensation per fiscal year
pursuant to the Agreement and $11,925 pursuant to Amendment No. 1.
Year 3 (Fiscal Year 2021/22): Not to exceed $54,440
x This amount is comprised of the $45,840 annual compensation per fiscal year
pursuant to the Agreement, $3,600 contingency amount, and $5,000 pursuant to
Amendment No. 2.
Extended Term:
Year 4 (Fiscal Year 2022/23): Not to exceed $49,440
x This amount is comprised of the $45,840 annual compensation per fiscal year
pursuant to the Agreement and $3,600 contingency amount.
Year 5 (Fiscal Year 2023/24): Not to exceed $49,440
x This amount is comprised of the $45,840 annual compensation per fiscal year
pursuant to the Agreement and $3,600 contingency amount.
The Contract Sum shall be paid by City to Contracting Party identified in
Contracting Party’s schedule of compensation, included in the Agreement, for the
work tasks performed and properly invoiced by Contracting Party in conformance
with Section 2.2 Method of Billing and Payment of the Agreement.
City of La Quinta
CITY COUNCIL MEETING: June 7, 2022
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR
CONTRACT SERVICES WITH GOVOS, INC. (FORMER MUNIREVS INC., DBA
LODGINGREVS) FOR SHORT-TERM VACATION RENTAL PROGRAM SERVICES, TO
INCREASE COMPENSATION FOR FISCAL YEAR 2021/22, AND TO EXTEND THE
TERM THROUGH FISCAL YEAR 2023/24
RECOMMENDATION
Approve Amendment No. 2 to Agreement for Contract Services with GovOS,
Inc. (former MUNIRevs, Inc., dba LODGINGRevs) for short-term vacation rental
program services, to increase the compensation for fiscal year 2021/22 with
$5,000 for a total not to exceed amount of $54,440, and to extend the term
with two additional years through fiscal year 2023/24; and authorize the City
Manager to execute the Amendment.
EXECUTIVE SUMMARY
In October 2019, the City entered into an Agreement for Contract
Services (Agreement) with MUNIRevs, Inc., dba LODGINGRevs to provide
online services for permitting and transient occupancy tax (TOT)
collection for the short-term vacation rental (STVR) program, following a
request for proposals (RFP).
In January 2022, the City was notified that MUNIRevs, Inc., DBA
LODGINGRevs merged with GovOS, Inc. under Certificate of Ownership
and Merger.
Amendment No. 2 (Attachment 1) proposes to: (1) reflect the change of
Contracting Party under the Agreement per the merger; (2) increase
fiscal year (FY) 2021/22 compensation by $5,000 for the implementation
of additional TOT forms; and (3) extend the Term of the Agreement with
two additional years through FY 2023/24.
FISCAL IMPACT
Funds in the amount of $49,440 for the Agreement are budgeted in FY 2021/22
budget (Account No. 101-6001-60103). If approved, Amendment No. 2 will:
CONSENT CALENDAR ITEM NO. 12
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(1) Increase the total compensation for FY 2021/22 by $5,000, for a total
not to exceed amount of $54,440; funds are available in the Clerk’s
Office Professional Services Account No. 101-1005-60103; and
(2) Extend the Term of the Agreement with two additional years for FY
2022/23 and 2023/24 without change in compensation from the
original Agreement, set at not to exceed amount of $49,440 per fiscal
year; funds will be budgeted accordingly in future City budgets.
BACKGROUND/ANALYSIS
The STVR Program was established in October 2012 and was initially processed
manually over the counter via the submittal of paper applications, and TOT
payments via cash or checks only.
In 2019, following a RFP, the City entered into an Agreement with MUNIRevs,
Inc., DBA LODGINGRevs to provide STVR program services by implementing an
online portal to apply for permits, make payments, renew permits annually,
remit TOT, complaint hotline, and compliance monitoring; the Agreement
expires June 30, 2022. The online STVR system was implement in March 2020.
In July 2021, due to the adoption of code amendments, the City executed
Amendment No. 1 to: (1) implement software enhancements for new permit
types and related fees for an additional compensation of $11,925 for FY
2020/21; (2) remove the complaint hotline services and related FY costs of
$3,600 from the Scope of Work effective FY 2021/22 for the remainder of the
Agreement; and (3) add a contingency of $3,600 to the Scope of Work for
additional software customizations and enhancements as needed for FY
2021/22 through 2023/24, for a combined total compensation under the
Agreement not to exceed $49,440 per fiscal year.
Recent updates to the STVR program over the last year have required
implementation of enhancements to the STVR program online permitting
software, including adding the 1% Greater Palm Springs Tourism Business
Improvement District (TBID) assessment on gross rental revenue for bookings
of 27 nights/28 days or less. This required the addition of validations to the
existing TOT form and to create a new TOT form that does not calculate the 1%
TBID assessment for bookings greater than 27 nights/28 days through 29
nights/30 days. The additional services for the required enhancements to the
online permitting software exceeded the $49,440 budgeted for FY 2021/22 by
approximately $5,000.
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In January 2022, the City was notified that MUNIRevs, Inc., DBA LODGINGRevs
merged with GovOS, Inc. under Certificate of Ownership and Merger.
Staff seeks approval of the proposed Amendment No. 2 to the Agreement to:
(1) reflect the change of Contracting Party under the Agreement per the
merger; 2) increase FY 2021/22 compensation by $5,000 for the
implementation of additional TOT forms; and extend the Term of the
Agreement with two additional years through fiscal year (FY) 2023/24 without
any change in the previously approved Compensation not to exceed $49,440
per fiscal year.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Lori Lorett, Permit Technician
Approved by: Monika Radeva, City Clerk
Attachment: 1. Amendment No. 2 to Agreement for Contract Services
with GovOS, Inc.
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