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CD Short Term Residential Rentals White Paper Host ComplianceAGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF A SHORT-TERM RESIDENTIAL RENTAL "WHITE PAPER" This Agreement is made and entered into this ~ day of A" (, \ , 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and HOST COMPLIANCE, LLC (hereinafter "CONTRACTOR"). RECITALS WHEREAS, in the past five years the short-term residential rental phenomenon has skyrocketed as a result ofthe: a) high demand for and cost of housing in the Bay Area; b) tourist draw and the high cost of lodging; and c) residential property owner's struggle to meet a high mOttgage payment; and WHEREAS, there are a number of local jurisdictions in Marin County that regulate and enforce shOtt-term rentals that including outright prohibition, permitting, and taxing. At present, the CITY has no regulations for shOtt-term residential rentals, so such rentals are not prohibited or enforced; and WHEREAS, at the direction of the City Council, the CITY has been monitoring shOtt-term residential rental activity for over three years. This monitoring includes logging neighbor complaints (average less than one-half-dozen complaints per calendar year), and contractual services with CONTRACTOR to provide access to a database of short-term residential rental listings in the CITY; and WHEREAS, the CITY desires to assess options for regulating, permitting and taxing short- term residential rentals. It has been determined that a "white paper" be prepared to outline current shOtt-term residential rentals conditions and options. A proposal for services to prepare a "white paper" was requested of the CONTRACTOR. AGREEMENT NOW, THEREFORE, the patties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Community Development Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Ulrik Binzer is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services to complete a white paper on the topic of short-term rentals as outlined in attached Exhibit A, Scope of Services. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4. 4. COMPENSATION. For the full pelformance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a not-to-exceed amount f$lO,OOO for the services outlined in Exhibit A. This not-to-exceed amount covers research and analysis of two case studies or comparable cities/towns that are presently regulating, pennitting and enforcing short-tenn residential rentals. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The tenn of th is Agreement shall be for one year commencing on Apri I 1, 2018 and ending on April 1,2019. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or con-ect the cause of the termination, to the reasonable satisfaction ofthe party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of tennination, neither party shall incur additional obligations under any provision ofthis Agreement without the prior written consent of the other. D. Return of Documents. Upon tennination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the perfonnance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after telmination. 2 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the pelformance of its duties under this Agreement, shall be the sole propelty of CITY. CITY may use said propelty for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its perfonnance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The patties agree that they shall not assign or transfer any interest in this Agreement nor the pelfonnance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the tenn of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of Califomia, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. 3 B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. Ifthe insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date ofthis Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT 4 · . MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof ofInsurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates ofInsurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full cel1ified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to fOlm and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in propOl1ion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except 5 such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undeliaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perfOim all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other paliy. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Paul Jensen Community Development Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 6 TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Ulrik Binzer, CEO Host Compliance, LLC 735 Market Street, Floor 4 San Francisco, CA 94103 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT --AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the telms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the tenns and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any tenn, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation 7 of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the tenns and conditions of this Agreement, or arising out of the perfOlmance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work perfOlmed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W -9 (Request for Taxpayer Identification Number and Certification). 22. APPLICAB LE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written . CITY OF SAN RAFAEL CONTRACTOR By: JI Name: Ulrik Binzer Title: President & CEO ATTEST: ~'t9f~ £SnIeR C . BEIR.l)n~:, City Clerk L'r)dSo.~ \.-Qva, 8 · . APPROVED AS TO FORM: Attachment: EXHIBIT A, Scope of Services 9 EXHIBIT A Scope of Services: Custom Short-term Rental Data Host Compliance's proprietary data can provide deep insights into the scale and scope of the short- term rental activity in City of San Rafael and its different neighborhoods. Data is collected weekly and we currently collect, aggregate and de-duplicate all listing data, reviews, calendar info and photos across the SO top short-term rental listing sites. We estimate this represents 99% of the total vacation rental universe in City of San Rafael's jurisdiction. Data can be segmented and analyzed by a number of parameters including: • Listing site • location (as defined by a boundary box or polygon i.e. neighborhood) • Property Type (Apartment, House, Condo etc.) • Room Type (Entire home, Room etc.) • # of Bedrooms and Bathrooms • Minimum # of nights available for rent • Host Name/ID • Listings of Other Rentals Offered by the Host • # of Reviews • First Review dates • Last review date • Date the property was first active • Whether or not the property is subject to San Rafael's Rent Stabilization Ordinance • Rental Frequency • Rental Rate (dollar amount and whether it is nightly, weekly, etc.) • Minimum Days Required for Rental • Dollar amount of Transient Occupancy Tax owed if this were a legal business The Custom Data Deliverables will include: • Written quantitative report on the STR activity in City of San Rafael's jurisdiction. The exact scope is TBD based on the City's exact requirements. Please note that the dataset used for the report will be similar to the data currently provided to the City and may not include the exact addresses of all short-term rental listings • One in-person meeting in City of San Rafael to present the report and findings at a mutually convenient date/time Short-term Rentals Ordinance Consulting Services Serving local governments with short-term rental compliance monitoring and enforcement solutions, Host Compliance has developed a deep understanding of what works and what doesn't when it comes to regulating short-term rentals. This deep expertise, experience and data-driven approach allows Host Compliance to help City of San Rafael more quickly draft enforceable STR •• , I .. regulation based on City of San Rafael's specific needs and circumstances as well as best-practices derived through the detailed study of more than 150 short-term rental ordinances/by-laws from across North America. The specific project team that we would want to dedicate to this project will consist of two nationally renowned experts in the field: Jeffrey Goodman Jeffrey is an urban planner and considered one of the nation's leading authorities on short-term rentals and how they impact communities. He has previously contracted with both the City of New Orleans and Airbnb, and advised researchers on short-term rentals in range of cities including San Francisco, Portland, New Orleans, and New York. Jeff has spoken about short-term rentals across North America, including at the APA's National Planning Conference. He graduated from Yale College and earned his Masters of Urban Planning from Harvard University. He is the author of a recent featured article in Planning Magazine on the topic of STR regulation. Ulrik Binzer Ulrik is the Founder and CEO of Host Compliance, the industry leader in short-term rental monitoring and compliance solutions for local governments. A pioneer in the short-term rental enforcement solution space, Ulrik developed the first short-term rental compliance monitoring tools and now uses his expertise and insights to help local governments across North America implement, monitor and enforce short-term rental regulation. Ulrik previously served in a variety of leadership roles in management consulting, private equity, startups and the military and developed his distinctive strategic and analytical skill-set at McKinsey & Company and the Harvard Business School. The custom project deliverables will include: • Customized project timeline and work plan to meet City of San Rafael's timing requirements and deadlines • Qualitative report on the leading regulatory and enforcement approaches currently used in other jurisdictions to achieve each of the following policy objectives: o Minimize impact on the supply and/or affordability of the long-term rental housing supply. o Maintain the residential character of residential communities (e.g. neighborhoods, multi-family buildings). o Minimize any safety risks of short-term rentals, over and above risks of long-term rentals. o Treat short-term rental accommodation providers -hotels, bed and breakfasts, peer-to-peer rental-equitably. o Set and enforce regulatory compliance targets o Implement simple, transparent, customer-oriented regulatory and enforcement processes. o Recover costs of enforcement efforts. • Written case studies of 2 representative jurisdictions that have adopted the regulatory and enforcement approaches outlined above: o A summary of the adopted rules a nd enforcement models. o An assessment of the effectiveness of the approach in achieving the stated policy objectives. o An assessment of the enforcement costs. • Enforcement focused planning work-session with City of San Rafael's key stakeholders. Presentation to City staff to be delivered via video conference, or if desired, in person if the presentation can take place on the same day as the qualitative data report is presented. Time of Performance: • 30 days turn-around on the written qualitative report • 30 days turn-around on the qualitative report on the leading regulatory and enforcement approaches • 30 day turn-around on the case studies (need enough time to be able to make public records requests and receive back information from the profiled cities) .. . . , I 1 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYYY) ~ 03/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFIj::RS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tyler Chalk NAME: Embroker Insurance Services LLC rttg~:o. Extl, (844) 436-2765 I FAX iAic Nol: 24 Shotwell SI. E-MAIL tyler@embroker.com ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC# San Francisco CA 94103 INSURERA: Sentinel Insurance Company, LTD 11000 INSURED INSURERB: Travelers Property Casualty Company Of America 25674 Host Compliance INSURERC: Trumbull Insurance Company 27120 INSURERD: 735 Market St, Floor 4, INSURERE: San Francisco CA 94103 INSURERF: COVERAGES CERTIFICATE NUMBER' 847 REVISION NUMBER' THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR lYPE OF INSURANCE ~~5 = LTR POLICY NUMBER !(~m5g~) (~gTJ%~) LIMITS X COMMERCIAL GENERAL LIABILIlY EACH OCCURRENCE S 1,000,000 -o CLAIMS·MADE [X] OCCUR ~~~~~~~9E~~~~~ncel S 1,000,000 MED EXP (Anyone person) $ 10,000 - A Y Y 46SBAUQ5747 05/25/2017 05/25/2018 PERSONAL & ADV INJURY S 1,000,000 - ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X o PRO· 0 PRODUCTS -COMPIOP AGG $ 2,000,000 POLICY JECT LOC OTHER: $ AUTOMOBILE L1ABILllY ~~~~~d~~tfINGLE LIMIT $ -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED A 46SBAUQ5747 05/25/2017 05/25/2018 BODILY INJURY (Per accident) S -AUTOS ONLY -AUTOS HIREO NON-OWNEO rp~~~;:~&AMAGE $ -AUTOS ONLY -AUTOS ONLY S X UMBRELLA LlAB ~dCCUR EACH OCCURRENCE S 3,000,000 B EXCESS LIAB CLAIMS-MADE ZUP41 M88905 12115/2017 12115/2018 AGGREGATE $ 3,000,000 DEDI I RETENTION $ 10,000 $ WORKERS COMPENSATION XI ~~~TUTE I 1 0TH• ANO EMPLOYERS' UABILllY ER YIN ANYPROPRIETORIPARTNERlEXECUTIVE 0 NIA Y 46WECAR 1436 05/25/2018 E.L. EACH ACCIDENT S 1,000,000 C OFFICERlMEM8EREXCLUOEO? 05/25/2017 (Mandatary In NH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101 , Additional Remarks Schedule, may be attached It mare space Is required) The City of San Rafael, its officers, agents, employees, and volunteers are included as an additional insured with respect to the general liability policy as required by written contract. CERTIFICATE HOLDER City of San Rafael 1400 Fifth Avenue San Rafael I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE CA 94901 ~ © 1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD SAN RAFAEL THE CITY WITH A MISSION Community Development Department -Planning Division DATE : March 21,2018 TO: Jim Schutz, City Manager INTER-DEPARTMENTAL MEMORANDUM FROM: Paul Jensen, Community Development Director ~I ('-.,( I/. 11 .ffe ~ {-<J.I?AIl. SUBJECT: Professional Services Agreement -Host Compliance; preparation of Residential Short-Term Rental "White Paper" Per your request, we are moving forward with the preparation of a "white paper" on the topic of Short-Term Residential Rentals. Although at present , the City does not regulate, enforce or tax residential short-term rentals, it is prudent to prepare a white paper that will provide information on current data, what is being done in other comparable cities, and options. We have received a proposal for services from Host Compliance to prepare the white paper. As you are aware , we are presently contracted with Host Compliance for access to their database on active residential short-term rentals in San Rafael. A draft Professional Services Agreement has been prepared, which includes the scope of services as Exhibit A. A Certificate of Insurance has also been provided. The not-to-exceed budget for completion of this white paper is $10,000. Therefore, the agreement can be executed by the City Manager. Attachment CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: COMMUNITY DEVELOPMENT Project Manager: PAUL JENSEN Extension: 5064 Contractor Name: HOST COMPLIANCE Contractor's Contact: ULRIK BINZER Contact's Email: binzer@hostcompliance .com IZI FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 5 6 7 8 9 RESPONSIBLE DEPARTMENT Project Manager City Attorney Project Manager Project Manager PRINT Project Manager City Attorney City Attorney City Manager / Mayor City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, * cont"ractor-signed agreement agendized for Council approval *PSA> $20,000; or Purchase> $35,000 ; or Public Works Contract> $125,000 Date of Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) lJ / Ir Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 3/21/2018 Click here to enter a date . Cli~ h51fe to etf{~V~. ~lj ~~ !)ere to 2 __ iA'¥ 3/21/2018 IZI N/A Or Click here to enter a date. 3/21/18 REVIEWER Check/Initial IZI PJ D PJ