PetData, Inc. Contract Renewal 2015 Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: PetData Contract Renewal
SUMMARY: City Manager recommending approval of a renewal agreement with
PetData, Inc. for the pet licensing service that processes the sale of all dog
and cat licenses in the City of Dubuque.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ PetData Contract Renewal-MVM Memo City Manager Memo
❑ Memo Staff Memo
❑ PetData Contract Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: PetData Contract Renewal
DATE: March 27, 2015
Public Health Specialist Mary Rose Corrigan recommends City Council approval of a
renewal agreement with PetData, Inc. for the pet licensing service that processes the
sale of all dog and cat licenses in the City of Dubuque. PetData currently receives
$3.85 for each one year license or replacement tag, and this fee will increase by 25¢
(6.5%) to $4.10. This is the first increase since the initial agreement in 2008.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
THE CITY OF Dubuque
DUBE All-AmeflcaCO
Masterpiece on the Mississippi ®�
2007
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
SUBJECT: PetData Contract Renewal
DATE: March 25, 2015
INTRODUCTION
This memorandum presents a renewal agreement with PetData, Inc. for the pet
licensing service that processes the sale of all dog and cat licenses in the city.
BACKGROUND
In November 2011 , the City Council approved the renewal of the 2008 agreement with
PetData. Since 2008, pet license sales have increased by 19% with revenues
increasing by 23%.
DISCUSSION
Changes to the contract include:
Section 2.1 $4.10 per license for a one year license or replacement tag. This is a $0.25
increase from the current $3.85. This is the first increase since the initial agreement in
2008.
Section 1.2 Elimination of Section 1 .2, "City warrants that all historical data, consisting
of licenses older than ninety (90) days, has been entered into City's database and is
available in a readily importable format. Furthermore, Contractor may be provided with
remaining animal licensing supplies by City, and if so, Contractor shall assume
responsibility for the reasonable cost of shipping said supplies."
This section was only relevant for starting the agreement.
Exhibit A, #3. Adding "If veterinarians are authorized to sell licenses," since this
section does not currently apply to the City of Dubuque.
BUDGETIMPACT
The FY16 anticipates $150,500 revenue for animal licenses. This is a net revenue
estimation and does not include fees paid to PetData for their services. The additional
$0.25 per license proposed by PetData would amount to $2,371 .50 based on the
number of licenses sold in 2014.
RECOMMENDATION
Approve the attached revised agreement for animal licensing services between the City
of Dubuque, Iowa and PetData, Inc.
CITY COUNCIL ACTION
Authorize the City Manager to sign the agreement on behalf of the City of Dubuque.
MRC/lh
cc Ken TeKippe, Finance Director
2
AGREEMENT FOR ANIMAL LICENSING SERVICES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PETDATA, INC.
This Agreement, dated for reference purposes the 6th day of April, 2015, is made
and entered into by, between, and among the City of Dubuque, Iowa (City), and
PetData, Inc., a Texas corporation (Contractor).
SECTION 1. DESCRIPTION OF WORK. For the consideration set forth below,
Contractor agrees to provide to City certain animal licensing services (the Services)
described in Exhibit A, Scope of Services. The Services must be performed in a good
and workmanlike manner.
SECTION 2. OVERSIGHT AND COORDINATION. All Services under this
Agreement must be coordinated under and performed to the reasonable satisfaction of
the City Manager of City or his or her designated representative.
SECTION 3. CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges
that, prior to signing this Agreement, Contractor has become acquainted with matters
relating to the performance of this Agreement and the terms and conditions of this
Agreement.
SECTION 4. CITY FEES.
4.1 Base Fees. Contractor will receive base fees as follows:
(1) $4.10 per license for a one (1) year license or a replacement tag; $2.00 for
each additional year after year one if there are multi-year licenses.
(2) $2.50 Collection Service Fee for each late fee collected during the term of
this Agreement, if applicable.
4.2 Postal Surcharqe. Since postage represents a major expense in administering
animal licenses, Contractor has the right to increase its fees a corresponding amount in
the event that postal rates increase during the Term of this Agreement.
4.3 Additional Service Fees. The following fee(s) only apply if the Services are
requested by City.
(1) In the event PetData establishes and/or maintains a separate bank
account on behalf of City, City, as the case may be, is responsible for the cost of
the bank account. Any bank fees will be paid directly by PetData and PetData
will be reimbursed for those fees on a monthly basis. City may request copies of
the bank account statements at any time and PetData must provide bank
statements within three business days after requests are received by PetData.
(2) Supply Fee. In the event that City requests changes to supplies which it
has previously approved, City, as the case may be, will be responsible for all
reasonable costs associated with changing, replacing, or discontinuing the use of
the previously approved supplies.
4.4 Charges to Licensees.
(1) Credit Card Transaction Fees (Paid by licensee, not by City):
A minimum fee of $1 .95 per credit card transaction, online or offline, will
be charged to licensee.
(2) Bad Check/Payment Fees (Paid by licensee, not by City):
If Contractor establishes a depository account on behalf of City,
Contractor is entitled to charge a fee of $25.00 to any individual who
submits a check or payment which is not valid.
SECTION 5. ADDITIONS/DELETIONS OF SERVICE. City reserves the right to add
and/or delete services to this Agreement. Should additional services be required, prices
for such additions will be negotiated between Contractor and City. Should a service
requirement be deleted from this Agreement, no adjustments for such deletions will be
made during the Term of this Agreement.
SECTION 6. REPORTS. Within fifteen (15) business days after the end of each
calendar month during the Term hereof, Contractor must submit an animal licensing
summary report to City in a form mutually agreed upon.
SECTION 7. PAYMENT. Contractor must deposit all animal license fees into a
segregated subaccount at its bank set up solely for the purpose of administering this
Agreement. Within 15 business days after the end of each calendar month, Contractor
must remit all license fees to City via check or ACH transaction, less all fees due
Contractor. If in any given month, there are insufficient funds to cover fees due to
PetData, City respectively will render a payment to PetData in the amount equal to the
shortage based upon a statement from PetData to City. In the event any animal license
fees are paid directly to City by a citizen or veterinarian, City, as the case may be, will
either forward such fees to Contractor within five business days of receipt of the fee or
deposit such fees into a City account and report the collected fees to Contractor within
fifteen days.
SECTION 8. TERM. The Term of this Agreement commences on the 6th day of April,
2015 and expires at midnight on the 30th day of November, 2016, unless this
2
Agreement is sooner terminated in accordance with the other provisions of this
Agreement.
SECTION 9. INFORMATION TO BE PROVIDED BY CITY OF DUBUQUE.
Contractor requires that City provide it with certain supplies, data, feedback, process
information, and approvals for such items as form designs (Deliverables) in order for
Contractor to begin servicing this Agreement in a timely manner. Contractor requests
that the Deliverables be provided as soon as possible after the date the Agreement is
signed or the date the Agreement receives final approval as necessary. Any delays in
providing Deliverables will result in delays in implementing this Agreement. Regardless
of any delays, City will be required to adhere to all terms of the Agreement, including the
payment to Contractor for the processing of all licenses including those at its own
shelters or by its agents, during the term of the Agreement. Representations made in
Exhibit A, Scope of Services, with regard to processing time for data entry and tag
mailings begins thirty (30) days after all Deliverables have been provided to Contractor.
SECTION 10. PERMITS. Contractor must obtain the necessary permit(s), if any,
required by City for the performance of the Services. City agrees to provide Contractor
with a list of any and all such permits and to work with Contractor in good faith to aid it
in obtaining any such permits in a timely fashion.
SECTION 11. DATA OWNERSHIP AND DATA TRANSFER.
11 .1 Contractor agrees that animal licensing data at all times belongs to City and that
at no point in time does Contractor ever own the data. Contractor agrees that it will not
use personal data collected on behalf of City for any purposes other than those
described in the Scope of Services unless specifically directed by City. Furthermore,
Contractor specifically agrees that it will never sell, transfer, or release personal data it
has collected in fulfilling the terms of this Agreement to a third party. Additionally,
Contractor agrees that any intentional sale, transfer, or release of animal licensing data
represents an event of default and City has the right to terminate this Agreement
immediately. Finally, Contractor agrees to return and/or transfer all animal licensing
data to City in a timely manner at the completion of the final term of this Agreement.
11 .2 Contractor will provide licensing data to City in an agreed-upon format.
SECTION 12. INDEMNITY. Contractor agrees to defend, indemnify, and hold City,
and their officers, agents, and employees, harmless against any and all claims,
lawsuits, judgments, costs, and expenses for personal injury (including death), property
damage, or other harm for which recovery of damages is sought, suffered by any
person or persons, that may arise out of or be occasioned by Contractor's negligence,
willful misconduct, or strict liability in the performance of the Services. The provisions of
this Section 12 are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.
3
SECTION 13. COMPLIANCE WITH LAW. Contractor must, during the performance
of the Services, comply with all applicable federal, state, and local laws, codes, and
ordinances.
SECTION 14. INSURANCE REQUIREMENTS. Contractor must procure, pay for,
and maintain insurance during the term of this Agreement as set forth in the attached
Insurance Schedule.
SECTION 15. ASSIGNMENT. Contractor may not sell, assign, transfer, or convey
this Agreement, in whole or in part, without the prior written consent of City; and as a
condition of such consent, Contractor must agree to remain liable for completion of the
Services in the event of default by the successor contractor or assignee.
SECTION 16. TERMINATION. Either party may, at its option and without prejudice
to any other remedy it may be entitled to by law or in equity, or elsewhere under this
Agreement, terminate this Agreement, with or without cause, provided it gives the other
party not less than ninety (90) days written notice.
SECTION 17. UNFORSEEN CIRCUMSTANCES. Contractor is not responsible for
any delay or omission caused by natural disaster, war, civil disturbance, labor dispute,
or other cause beyond Contractor's reasonable control, provided Contractor gives
written notice to City of the cause of the delay or omission within ten (10) days after the
occurrence of the event causing such delay or omission.
SECTION 18. NOTICES. Any notice, payment, statement, or demand required or
permitted to be given hereunder by either party to the other parties may be effected by
personal delivery or by regular mail, postage prepaid. Mailed notices must be
addressed to the parties at the addresses below, but each party may change its
address by written notice in accordance with this section. Mailed notices will be
deemed delivered three (3) days after mailing.
Notices for City must be addressed to:
City Manager
Dubuque, Iowa
City Hall
50 W. 13th Street
Dubuque, IA 52001-4764
Notices for Contractor must be addressed to:
Chris Richey, President
PetData, Inc.
PO Box 141929
Irving, TX 75014-1929
4
SECTION 19. MISCELLANEOUS.
19.1 Governing Law. This Agreement is governed by and construed in accordance
with the laws of the State of Iowa.
19.2 Entire Agreement. This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written previous and contemporary agreements
between the parties relating to matters herein; and except as otherwise provided herein,
cannot be modified without the written agreement of the parties.
19.3 Severability. In case any one or more of the provisions contained in this
Agreement for any reason is held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability will not affect any other provision thereof
and this Agreement will be considered as if such invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
19.4 Successors and Assigns. This Agreement is be binding upon and insure to the
benefit of the parties hereto and their respective heirs, executors, administrators,
successors and, except as otherwise provided in this Agreement, their assigns.
19.5 Captions. The captions to the various clauses of this Agreement are for
information purposes only and do not alter the substance of the terms and conditions of
this Agreement.
19.6 Authorization. Each of the parties represents and warrants to the other that this
Agreement has been duly authorized by all necessary corporate or governmental action
on the part of the representing party and that this Agreement is fully binding on such
party.
19.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which will be deemed an original and all of which together will constitute one
and the same instrument.
CITY OF DUBUQUE, IOWA PETDATA, INC.
By:
Michael C. Van Milligen
City Manager
5
By:
Chris Richey, President
EXHIBIT A — SCOPE OF SERVICES
All of the services described herein shall apply to animals in the City of Dubuque.
Contractor shall:
1 . Deposit all receipts collected for license fees into a separate sub-account set up
solely for the purpose of managing City animal licensing funds. Contractor shall
remit all license fees to City via check or ACH transaction, less all fees due
Contractor, within fifteen (15) days after the end of each calendar month.
2. Provide veterinarians and other authorized registrars with reasonable quantities of
supplies (reporting forms, vaccination certificates, citizen mailing envelopes, etc.)
necessary to sell license tags and/or report information on citizens vaccinating their
animals against rabies to the Animal License Program. Supplies are to be printed in
one color with the design and layout to be determined by PetData.
PLEASE NOTE: Contractor will purchase tags, with City approval, and will send
itemized invoice to the City for payment.
3. If veterinarians are authorized to sell licenses, track monthly vaccination and/or
sales reports from all veterinarians participating in animal licensing program and
provide this information to City as requested. Furthermore, Contractor will
communicate directly with veterinarians as requested by City.
4. Enter all new and renewal licenses into PetData's proprietary database provided that
all information has been submitted to PetData in a complete and accurate format.
5. Process and mail license tags within ten (10) business days after receipt of the
licensing payment and complete documentation as required by local ordinance.
6. Issue replacement tags to citizens whose license tags have been lost, stolen, or
damaged.
7. Process rabies vaccination certificates on behalf of City and mail notices to those pet
owners who vaccinated their pet(s) against rabies, but did not purchase license(s).
[NOTE: Rabies vaccination data is owned by the City, not by Contractor. At no time
can Contractor ever make the data available to the public or to any third party
without the prior written consent of City.]
8. Provide a monthly report of animals licensed. Format of report is to be mutually
agreed upon.
9. Provide statistical reports as requested within a timely manner. Depending on the
information requested, PetData can provide most reports within five (5) business
days.
6
10. Respond to and communicate with animal control officer inquiries or animal owners'
requests in a timely fashion.
11 .Communicate with citizens by phone, mail, or email as needed.
12.Comply with all state and local laws governing animal licensing.
13. Periodically review the City's databases for errors and duplications and make
appropriate corrections.
7
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), and Right of Way Permit Holders
Insurance Schedule A
1. shall furnish a signed Certificate of Insurance(COI)to the City of Dubuque,Iowa for
the coverage required in Exhibit I prior to contract or lease commencement.All lessees of City property
and Right of Way Permit Holders shall submit an updated COI annually.Each Certificate shall be prepared
on the most current ACORD form approved by the Department of Insurance or an equivalent. Each
certificate shall include a statement under Description of Operations as to why issued.Eg: Project
tf or Lease of premises at or construction of or right of way
permitted location and description
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating of A or better in the current A.M.Bests Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
7. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement,in Exhibit I.
8. Whenever an ISO form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
8
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), and Right of Way Permit Holders
Insurance Schedule A (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the
standard ISO commercial general liability form CG 0001,or Business owners form BP 0002,
shall be clearly identified.
b) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit."
c) include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsement to preserve Governmental Immunity.(Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion.
f) include additional insured endorsement for:
The City of Dubuque,including all its elected and appointed officials,all its employees
and volunteers,all its boards,commissions and/or authorities and their board members,
employees and volunteers.Use ISO form CG 20 10. (Ongoing operations).
g) If vendor utilizes Trikkes or Segways in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Umit-Disease $500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Page 2 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
9
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), and Right of Way Permit Holders
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque,Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque,Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage.The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time.Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity.The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity,and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non-Denial of Coverage.The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s)of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
iv