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HomeMy WebLinkAboutPROCHAMPS 2021 Vacation Rental Property AgreementAGREEMENT BY AND BETWEEN THE CITY OF CAPE CANAVERAL AND PROPERTY REGISTRATION CHAMPIONS, LLC (VACATION RENTAL PROGRAM) This Agreement is made as of this 2nd of AUCST, 2021 by and between PROPERTY REGISTRATION CHAMPIONS, LLC, a Florida limited liability company, with offices at 2725 Center Place, Melbourne, Florida 32940 (hereinafter "PRC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, with an address at 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"). WITNESSETH: WHEREAS, because of an overwhelming number of vacation rental properties operating within the City of Cape Canaveral, the City has recently initiated a vacation rental registration requirement effective October 1, 2021, and now requires an electronic system of registering and monitoring vacation rentals for purposes of requiring compliance with the City's Vacation Rental Ordinance No. 10-2021, (the "Ordinance") and other applicable City regulations; and WHEREAS, PRC proposed for the City's use an electronic vacation rental registration and monitoring system that is funded based on PRC's efforts to successfully register vacation rentals as required by the Ordinance; and WHEREAS, in furtherance of implementing the Ordinance, which becomes effective October 1, 2021, the City desires to enter into this Agreement with PRC in order to provide electronic vacation rental registration and monitoring services authorized pursuant to the Ordinance; and WHEREAS, PRC shall also provide City with administrative Payment Assistance Services ("PAS") if requested by the COMMUNITY to facilitate payment of late fees, charges, fines and penalties as defined under the City's Ordinance from Registrants or other responsible parties to help the City fulfill the purpose and goals of the Ordinance; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: City of Cape Canaveral Vacation Rental Agreement Page 2 of 15 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2. PRC Responsibilities ("Vacation Rental Services"). A. PRC shall proactively perform the scope of services as more specifically set forth in EXHIBIT "A,"which is attached hereto and fully incorporated by this reference. B. PRC shall provide the scope of services by electronic means in order to enable the City to evaluate and determine whether or not vacation rental owners and occupants are in compliance with the Ordinance. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to www.ProChamps.com. The website at www.ProChamps.com will allow vacation rental owners to register vacation rental units to comply with the Ordinance. PRC will provide the City with electronic reporting of vacation rentals within the City of Cape Canaveral. C. PRC shall investigate, report, or take corrective measures on a timely and regular basis to update the database of all vacation rental units within the City of Cape Canaveral that are required to electronically registered in compliance with the Ordinance. D. PRC shall pay for all expenses related to registration and electronically monitoring on the internet all vacation rentals within the City of Cape Canaveral,and all administrative costs and fees related thereto. E. For performance of the scope of services required by this Agreement, PRC shall retain One Hundred Dollars ($100.00) for each collected annual vacation rental registration fee imposed by the City ("Registration Fee"). PRC shall forward payment of the City's portion of the Registration Fee to the City's Finance Department no later than the 15th day of each month during the Term of this Agreement. F. In the event the Ordinance requires payment of late fees as part of the registration requirements, PRC shall collect all applicable late fees, retaining twenty percent (20%) of the late fee, and remitting the balance to the City pursuant to the monthly remittance schedule as stated in 2 (E). City of Cape Canaveral Vacation Rental Agreement Page 3 of 15 G. To the extent required by the City, PRC shall execute the City's website link agreement and meet all City IT security, and anti-viral requirements. (hereinafter "Services") 3. Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, PRC agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its employees, attorneys and officers, from and against all claims, losses, damages, personal injuries (including but not limited to death),or liability(including reasonable attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from PRC's and its employees, partners, contractors, and agents performance of the Services and work being performed under this Agreement and (b) PRC's,and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to PRC's and its employees, partners, contractors, and agents performance under this Agreement. The indemnification provided above shall obligate PRC to defend at its own expense or to provide for such defense, at the option of the City, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees and officers which may result from the Services performed under this Agreement whether the Services are performed by the PRC, its employees, contractors, partners and agents or anyone directly or indirectly employed by PRC. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with the indemnification provided herein. 4. Term. This Agreement will terminate two (2) years from the effective date of the Ordinance which is October 1, 2021 ("Term"). In addition, the parties may agree that this Agreement will automatically annually renew on October 1st for successive one (1) year terms unless either party gives the other party written notice of termination at least thirty (30) calendar days prior to the end of the relevant term. 5. Termination. Notwithstanding the term set forth in Paragraph 4, this Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, PRC shall cease all work performed and forward to the City any Registration Fees owed to the City. In the event of termination of this Agreement, any reports, records, documents, City of Cape Canaveral Vacation Rental Agreement Page 4 of 15 forms, and other data and documents prepared by PRC whether finished or unfinished shall be delivered by PRC to the City Manager within seven (7) business days of termination of this Agreement by either party. Any compensation due to PRC shall be withheld until all documents are received as provided herein. 6. Agreement Documents. City Ordinance No. 10-2021 is attached hereto as EXHIBIT "B" and incorporated herein by this reference, and may be amended by the City, by ordinance, at any time. The City will provide PRC a copy of any modification ordinances adopted by the City Council and said ordinances shall likewise be incorporated herein by this reference. 7. Insurance. PRC shall provide, and maintain in force at all times, during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to City the protection contained in the foregoing indemnification undertaken by PRC. A. General Liability Insurance: PRC shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the programs, functions, and services performed by PRC and its authorized contractors under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. B. Workers' Compensation insurance of not less than the statutory limits with $100,000 Employers Liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non- owned and hired automobiles and employee non-ownership with limits of not less than $1,000,000 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000 to assure City the indemnification specified herein. E. All insurance coverage shall be insurer(s) approved by the City Manager and City of Cape Canaveral Vacation Rental Agreement Page 5 of 15 licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." PRC shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. PRC shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by PRC in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify PRC in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. For all programs, functions, and services permitted and occurring under this Agreement, including any and all programs, functions, and services provided and performed by PRC and by authorized contractors, PRC shall continuously maintain such insurance in the amount, type, and quality as required by this Agreement. 8. Confidential Information. A. Confidential Information shall mean non-public information of a party to this Agreement which the City is not required by the Florida Public Records Act, Ch. 119, Florida Statutes, to publicly disclose for inspection and copying. Confidential Information of PRC includes its proprietary software and algorithms, methods, techniques, and processes revealed by the Software that constitute a trade secret as defined in Section 812.081, Florida Statutes, and as provided for in Sections 815.04(3) and 815.045, Florida Statutes. Confidential Information does not include information that: (1) is or becomes known to the public without fault or breach of the receiving party; (2) the disclosing party regularly discloses to third parties without restriction on disclosure;or (3) the receiving party obtains from a third party without restriction on disclosure and without breach of a written non-disclosure obligation. Further,the parties agree that Confidential Information does not include data stored within the PRC's proprietary software or any input and/or output City of Cape Canaveral Vacation Rental Agreement Page 6 of 15 sensory displays of or from the proprietary software. B. Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. 9. Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, PRC agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of PRC related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the PRC. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of PRC are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE PRC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PRC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, cityclerk@cityofcapecanaveral.org, P.O. Box 326, Cape Canaveral, FL 32920. PRC is required to and agrees to comply with public records laws. PRC shall keep and maintain all public records required by the City to perform the services as agreed to herein. PRC shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. PRC shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, PRC shall transfer to the City, at no cost, all public records in possession of the PRC, provided the transfer is requested in writing by the City Clerk. Upon such transfer, PRC shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure City of Cape Canaveral Vacation Rental Agreement Page 7 of 15 requirements. However, if the contractor keeps and maintains public records upon completion of the contract, the PRC shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify PRC of the request and the PRC shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the PRC does not comply with a public records request, the City may enforce this Section to the extent permitted by law. PRC acknowledges that if the PRC does not provide the public records to the City within a reasonable time, the PRC may be subject to penalties under Section 119.10, Florida Statutes. The PRC acknowledges that if a civil action is filed against the PRC to compel production of public records relating to this Agreement, the court may assess and award against PRC the reasonable costs of enforcement, including reasonable attorney fees if the court determines that PRC unlawfully refused to comply with the public records request within a reasonable time; and at least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the PRC has not complied with the request, to the City and to PRC. A notice complies with this section if it is sent to the City's custodian of public records and to PRC at PRC's address listed on its contract with the City or to PRC's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. PRC shall not liable for the reasonable costs of enforcement if PRC complies with a public records request within eight (8) business days after the notice is sent. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the PRC, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by PRC to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the PRC fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to PRC's failure to comply with this Section, the City shall collect from PRC prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against PRC. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the PRC's failure to comply City of Cape Canaveral Vacation Rental Agreement Page 8 of 15 with this Section. The City agrees to indemnify and hold harmless the PRC, its employees, attorneys and officers, from and against all claims, losses, damages, or liability (including reasonable attorney's fees), directly or indirectly arising from, or out of the City's failure to produce to a requestor public records which the PRC timely provided to the City for production to such requestor in response to a request to inspect or copy public records relating to this Agreement. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 10. Audit and Inspection. A. All PRC's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data in order to determine PRC's compliance with the terms and conditions of this Agreement. Any deficiencies noted in audit reports must be fully cleared by PRC within thirty (30) days after receipt by PRC. Failure of PRC to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the termination of this Agreement. Any incomplete or incorrect entry in PRC's records shall be a basis for the City's disallowance and recovery of any payment upon such entry. B. In addition, PRC shall respond to the reasonable inquiries of any successor companies and allow such successor companies to receive records relating to matters of continuing significance to the City. In addition, PRC shall provide a complete copy of all records to the City, prior to any final payment, in accordance with this Agreement. 11. Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and PRC is such that PRC is an independent contractor and not an agent of the City. PRC, its members, employees, contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City and PRC, its members, contractors, partners, employees, or agents, during or after the performance of City of Cape Canaveral Vacation Rental Agreement Page 9 of 15 the Services under this Agreement. This Agreement shall not be construed as creating any joint employment relationship between PRC and the City and the City will not be liable for any obligation incurred by PRC, including but not limited to unpaid minimum wages and/or overtime premiums. 12. Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, PRC and the City designate the following as the respective places for giving of notice: City: City of Cape Canaveral Attention: Todd Morley 100 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1220 Copy To: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 North Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32801 (407) 425- 9566 PRC: David Mulberry, President/CIO Property Registration Champions, LLC 2725 Center Place Melbourne, Florida 32940 (321) 421-6639 13. Assignment. This Agreement, or any interest herein, shall not be assigned, City of Cape Canaveral Vacation Rental Agreement Page 10 of 15 transferred or otherwise encumbered, under any circumstances, by PRC without the prior written consent of the City. 14. Amendment. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15. Contingent Fees.The parties acknowledge that there are no contingent fees payable or owed under this Agreement. 16. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Laws and Ordinances. PRC shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the Services being conducted pursuant to this Agreement. 18. Equal Employment Opportunity. In the performance of this Agreement, PRC shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 19. Waiver. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 20. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 21. Choice of Law, Venue. This Agreement has been made and entered into in the State City of Cape Canaveral Vacation Rental Agreement Page 11 of 15 of Florida, County of Brevard, and the laws of the State of Florida shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state court actions or disputes which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement. 22. Attorney's Fees. Except as otherwise provided by law, should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 23. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the PRC and supersedes all prior negotiations, representations or agreements, either written or oral. 24. Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. PRC agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 25. No City Obligation for Funds. No provision in this Agreement shall be construed as requiring the City to provide any funds to PRC. 26. Headings. All headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. City of Cape Canaveral Vacation Rental Agreement Page 12 of 15 27. No Joint Venture. No provision contained herein shall be construed as creating a joint venture between the parties. 28. Professionalism and Standard of Care. PRC shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. PRC shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of professional service providers working in the same or similar locality as PRC. 29. City Logo. The City shall provide PRC a copy of the City's logo to be used only for purposes of providing the Services required by Paragraph 2 of this Agreement. The City reserves the right to suspend or terminate PRC's use of the City's logo at any time. No other use of the City's logo shall be permitted without the express written consent of the City. 30. Limitations of Liability. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. 31. Integration. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. IN WITNESS WHEREOF,this Agreement is entered into as of the day and year the last party signs this Agreement as stated below. ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, City Clerk By:Todd Morley, City Manager Date Approved by the City Council: 8/2/21 City of Cape Canaveral Vacation Rental Agreement Page 13 of 15 PROPERTY REGISTRATION CHAMPIONS, LLC. By: David Mulberry, President/CIO Date: 7/30/2021 City of Cape Canaveral Vacation Rental Agreement Page 14 of 15 EXHIBIT A SCOPE OF SERVICES EXHIBIT "A" PROCHAMPS Short-Term Rental Program "Uniquely Capable Platform" PROCHAMPS 6 step process for managing the Short-Term Rental Property Registration Program for the City of Cape Canaveral, FL • Collect and Review Property Evidence • Report on Identified Short-Term Rental Property Risks Identify • Once identifed PROCHAMPS will contact all responsible parties with an obligation to register. • PROCHAMPS will ensure,for all identified STR properties,that we maintain accurate and current Owners contact information for compliance out- reach activities. Contact • Collect all registration fees,fines and late fees on behalf of the community. • PROCHAMPS will remit all collected registra- tion fees,fines and late fees back to the commu- nity in the form of a monthly remittance check. Collect • Determine Properties Eligible for Enforcement. • Track enforcement cases&mile0- stones. Enforce • Analyze Property Risk and Compliance Trends. • View Current Property Risk and Compliance Status. Monitor • Support-is provided to City Staff by offering training of the system,web meetings,support tickets,and live chat options. • PROCHAMPS provides a 24/7/365 Hot Line for resident complaints and concerns upon request. Support Identify Contact Collect Enforce Monitor Support AT-RISK PROACTIVE COMPLIANCE ABANDONED VACANT DEFAULT FORECLOSURE SHORT & LONG RENTAL SCOPE OF WORK EXHIBIT A Scope of Services PROCHAMPS: Prochamps commits to the following understanding and scope of services: 1. Will operate a Hotline to receive non-anonymous resident concerns and report those concerns to the appropriate designee as directed by the community. Anonymous concerns will not be acted upon. Those contacts may include but not be limited to the owner/property manager, code enforcement, and/or Police/Sheriff. In addition, the complaint is stored in our system with the remainder of the property detail information. 2. Shall follow the requirements of the City Code. 3. Will execute a Website Link Agreement with the City and meet all the City security and anti-virus requirements. 4. Will be able to accept registrations within 30 days and pay all related expenses and administrative costs. 5. Will proactively contact those that are subject to the City's Code via email,postcard or letter applicable to type of "At-Risk" property and responsible parties. 6. Will provide electronic registration for parties responsible for registering subject to the City Code. 7. Will investigate,report, or take corrective measures monthly to update property status of all subject property electronically registered and in compliance with the relevant Code.It is understood that court actions are administered and prosecuted by the City and PROCHAMPS may assist, if desired, for additional revenue sharing. 8. Will continue to charge each applicant no more than the amount prescribed by the ordinance(per property)to register all responsible parties who comply with the ordinance. 9. Will remit the agreed upon portion of the unearned registration fee, in consideration of the services provided, and provide the prior month's reports, no later than the fifteenth (15th) day of each month to the designated party within the City. 10. Understands that all information collected by PROCHAMPS from registering parties in connection with the registration of a property shall be the property of the City,and shall be provided to City within seven (7) business days, upon the City's request and/or upon the termination of this agreement. 11. Understands that the City shall not be responsible for any fees associated with obtaining Responsible Party information pursuant to the Registry. SCOPE OF WORK 12. Understands that the City shall have the right to audit the books, records, and accounts that are related to the agreement upon 15 days written notice to PROCHAMPS. 13. Will load all real properties with current owner info as tracked by the property appraiser and tax assessor within Cape Canaveral. We collect evidence to determine if a property is an STR, then confirm ownership and owner contact information before sending compliance outreach. 14. Will provide detailed reports to Cape Canaveral of all STR listing evidence collected, properties identified, compliance outreach, disputes,registration data and payments and compliance status. (Disputes- are initiated when the responsible party disagrees with their obligation to register. The responsible party has the option to register, dispute or request and an exemption when completing their registration form. All information related to a dispute will be reported to the community for their opportunity to accept or decline the request to dispute.) 15. Will collect evidence, identify and notify any unregistered STR properties with an obligation to register as well as those properties in violation of the community's regulatory requirements. Through the STR platform the community has access to the listing report for all non-compliant properties and owner information. Additionally,we electronically notify the community each time evidence of a new non-compliant property is located and each time evidence is collected that a non-compliant property or a registered property is in violation of the city's regulatory requirements. Reports shall be in a printable format, and suitable for use as evidence to support city code enforcement efforts. 16. For the life of our contract we will scrape multiple web sites multiple times per week to collect any and all evidence showing failure to register the STR unit and any and all evidence of violations of the city's regulatory requirements. In the event the City uses PROCHAMPS' Payment Administrative Services for enforcement, PROCHAMPS will provide detailed tracking of the milestones to include when enforcement starts, when the certified notice of violation is sent/delivered, when the hearing is conducted, what is the outcome and any settlement. PROCHAMPS will also track all the evidence making up the case for enforcement. 17. We collect evidence of violations of the community's regulatory requirements, including the 7-day minimum stay requirement, and notify any property owner/responsible party of their obligation to stay within the community's 7-day minimum stay requirement. The community will have access to all property owners/responsible parties who have been notified of this violation through our platforms reporting system. Additionally, the community will receive electronic communication for each notification sent.