Dubuque Regional Humane Society Agreement Amendment Copyrighted
September 17, 2018
City of Dubuque Consent Items # 12.
ITEM TITLE: Dubuque Regional Humane SocietyAgreement
Amendment
SUMMARY: City Manager recommending an amendment to the current
five-year agreement with the Dubuque Regional Humane
Society that began July 1, 2015.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Humane Society Contract Renewal-NNM Memo City Manager Memo
Memo Staff Memo
Amendment Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Humane Society Contract Renewal Recommendation
DATE: September 11 , 2018
Public Health Specialist Mary Rose Corrigan recommends an amendment to the current
five-year agreement with the Dubuque Regional Humane Society which began July 1 ,
2015. The following changes are recommended:
• Remove the requirement for an annual audit. This is a significant expense for
the Dubuque Regional Humane Society and because of the other financial
reports now being submitted to the City, this is no longer necessary.
• Eliminate the expense payments by vendor report.
• Add a provision that if the Humane Society wishes to change the format of the
quarterly compilation report, the methodology must be prepared by a neutral
third-party and approved by the City. The City would then pay the expenses for
the report format preparation.
• Revenue, financials, and expense allocation reports will be submitted quarterly,
rather than monthly.
• The fourth compilation report due by the eighth Thursday (rather than the fifth
Thursday that the other compilation reports are due) following December 31 .
This allows more time for Dubuque Regional Humane Society to complete the
end of year report.
• Allow Animal Control to be provided animal and owner information they may
need for investigative work, licensing, etc.
• Update the holding time for a licensed impounded cat to five days to be
consistent with the City and State codes.
• Add City requests for "on demand" or additional reports. If a third party is
required to prepare the report, the City will reimburse those costs or the City can
obtain the data/information and prepare the reports.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, Public Health Specialist
2
THE CTTY OF Dubuque
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TO: Mike Van Milligen, City Manager
FROM: Mary Rose Corrigan, Public Health Specialist
SUBJECT: Humane Society Contract Renewal Recommendation
DATE: September 10, 2018
INTRODUCTION
This memo recommends an amendment to the current five-year agreement with the
Dubuque Regional Humane Society (DRHS) which began July 1 , 2015.
BACKGROUND
The current agreement between the City and the Dubuque Regional Humane Society
began July 1 , 2015 and expires June 30, 2020. Due to a number of factors, including
staff turnover, the Humane Society did not fulfill all of the reporting requirements from
June 2017 through November 2017, as required by the agreement. In October 2017, I
discussed the missing reports with DRHS Board members. They subsequently
completed the required reports and corrected past reports by January 2018. At that
time, City staff inet with DRHS Board President Peter Arling and Treasurer Kathy
Sigman to discuss the agreemenYs reporting requirements. We agreed to pay back
the 10% per month penalty clause that was invoked due to reports being submitted
late, if the Humane Society fulfilled all aspects of the agreement through June 2018.
The DRHS submitted timely, accurate reports from January through June 2018.
Therefore, the city reimbursed the 10% penalty clause which totaled $56,853.96, in
addition to the regular monthly payments.
DISCUSSION
Recently, the DRHS requested adjustments to the current agreement since they now
had stabilized their reporting system, and had a better understanding of the contractual
requirements, along with board and staff oversight of the reporting. Through our
discussions, we agreed to the following changes:
• Remove the requirement for an annual audit. This is a significant expense for the
DRHS and because of the other financial reports now being submitted to the
City, this is no longer necessary.
• Eliminate the expense payments by vendor report.
• Add a provision that if the Humane Society wishes to change the format of the
quarterly compilation report, the methodology must be prepared by a neutral
third-party and approved by the City. The City would then pay the expenses for
the report format preparation.
• Revenue, financials, and expense allocation reports will be submitted quarterly,
rather than monthly.
• The fourth compilation report due by the eighth Thursday (rather than the fifth
Thursday that the other compilation reports are due) following December 31 . This
allows more time for DRHS to complete the end of year report.
• Allow Animal Control to be provided animal and owner information they may
need for investigative work, licensing, etc.
• Update the holding time for a licensed impounded cat to 5 days to be consistent
with the City and State codes.
• Add City requests for "on demand" or additional reports. If a third party is
required to prepare the report, the City will reimburse those costs OR the City
can obtain the data/information and prepare the reports ourselves.
RECOMMENDATION
I recommend that the City Council approve the amendment to the current Purchase of
Service Agreement between the City of Dubuque and the Dubuque Humane Society.
BUDGETIMPACT
The amendment does not change the amount paid to the DRHS; therefore, there is no
budget impact.
COUNCIL ACTION
Authorize the Mayor to sign the attached amendment agreement between the City of
Dubuque and the Dubuque Regional Humane Society on behalf of the City of
Dubuque.
cc Maureen Quan, Assistant City Attorney
Cori Burbach, Assistant City Manager
Jenny Larson, Budget Director
2
AMENDMENT
TO
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE REGIONAL HUMANE SOCIETY
This Amendment to the Agreement between the City of Dubuque, Iowa and the
Dubuque Regional .Humane Society (Amendment) is dated for reference purposes the
qday of F'17;A , 2018.
Whereas, the City of Dubuque (City) and Dubuque Regional Humane Society
(DRHS) are parties to a Facility Management Agreement (Agreement) dated for
reference purposes the 1St day of July, 2015; and
Whereas, the parties now desire to amend the Agreement as set forth herein:
1. Section 6.1 is amended to read as follows:
DRHS must provide City with quarterly reports on a form approved by City
detailing the number of animals taken in under the terms of this Agreement and
the amount of revenue paid to DRHS for any service provided by DRHS for each
such animal. The report must include the number of animals brought in by City
Animal Control, City Police, and citizen finders. Such reports must be rendered
quarterly not later than the third Thursday of the following quarter. For the fourth
quarter of the year, such report must be rendered not later than the sixth
Thursday of the following quarter.
2. Section 6.2 is amended to read as follows:
DRHS must provide quarterly financial statements from its internal accounting
system, including a statement of activities and a balance sheet. Such reports
must be rendered quarterly not later than the third Thursday of the following
quarter for the first, second, and third quarters of the year. For the fourth quarter
of the year, such report must be rendered not later than the sixth Thursday of the
•following quarter.
Section 6.3 is amended to read as follows:
DRHS must update and provide the internally developed spreadsheet called
"Allocation of Expenses to the City of Dubuque, IA" which is based on the
expense allocation calculated by Honkamp Krueger & Co., P.C. This report was
first provided in the report issued by DRHS March 2, 2015. The "Allocation of
Expenses to the City of Dubuque, IA" report must include cumulative columns for
total expenses and expenses allocated to City. DRHS must render the
09112018MAQ
"Allocation of Expenses to the City of Dubuque, IA" report quarterly no later than
the third Thursday of the following quarter for the first, second, and third quarters
of the year. For the fourth quarter of the year, such report must be rendered not
later than the sixth Thursday of the following quarter.
If DRHS wishes to change the methodology used to prepare the "Allocation of
Expenses to the City of Dubuque, IA," the City must first approve the
methodology, and the report must still be prepared by a neutral third party,
whether that third party is Honkamp Krueger & Co., P.C. or another certified
public accounting firm. If a new methodology is approved by the City and used,
the City will pay for the one-time expense of a report explaining the new
methodology, provided that competitive bids or quotes are obtained for this new
methodology, and the lowest responsive, responsible bidder is chosen.
4. Section 6.4 is amended to read as follows:
DRHS must furnish to City the quarterly "Accountant's Compilation Report"
prepared by an independent accounting firm quarterly no later than the fifth
Thursday of the following month after the quarter ends. For the 4th quarter, the
quarterly "Accountant's Compilation Report" must be furnished to the City by the
eighth Thursday following December 31 of each year.
5. Section 6.6 is amended to read as follows:
Upon the City's request, DRHS must provide to the City, via telephone or in
writing, pet owner information and animal information, including but not limited to
information related to surrenders, impoundments, adoptions, quarantined
animals and alleged bites. If the City needs copies of the information, DRHS will
provide the City with, or allow the City to, copy as needed to support its
enforcement efforts and recordkeeping related to ownership, licensing,
vaccination status and other animal control related issues.
6. Section 10.1 is amended to read as follows:
DRHS may not dispose of any impounded, licensed cat until at least five (5) days
after the notice to the owner, and any impounded, licensed dog until at least
seven (7) days after the notice to the owner required by Title 7 of the City of
Dubuque Code of Ordinances has been made. DRHS may not dispose of any
impounded, unlicensed dogs or cats until at least three (3) days after the date of
the impoundment.
7. A new Section 6.7 is added to read as follows:
The City may request other reports from DRHS. If a third party is required to
prepare the other reports requested by the City, the City will reimburse DRHS for
2
the costs of the reports,
the report itself.
8. Insurance Schedule A is
or the City will request the data/information and prepare
replaced with Insurance Schedule J, attached hereto.
9. These Amendments are subject to the approval of the City Council of the City of
Dubuque, Iowa.
Roy D. Buoy .yor
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//
Kevin Firnstahl, City Clerk
Date:
/7/7e
DUBUQg- 10"/ H M E SOCIETY
Arling, airperso , Board of Directors
By:
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Date: f
3
1.
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Finance Director. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. Eg: Project # or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the
Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule 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. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Finance Director and subject to the
contractor identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractors limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
Page 1 of 4 Schedule J Professional Services November 2017
4
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (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
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001, or business owners form BP 0002, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) 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 2026.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) 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 Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22
yes _ form attached
Page 2 of 4 Schedule J Professional Services November 2017
5
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
E) PRONAL LIABILI 1,000,000
ide evidence of verage for 5 year after completion • .roject.
F) CYBER LIABILITY 51,000,000
yes no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services November 2017
6
City of Dubuque Insurance Requirements for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer 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 insurer 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 insurer.
4. Non -Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer
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
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services November 2017
7