HomeMy WebLinkAbout2024-09-03 I01G_02 Second Amendment to Pet Licensing AgreementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 3, 2024
AGENDA ITEM:Consideration of approval of a resolution approving Second Amendment to
Agreement for Animal Licensing Services [PetData, Inc.]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City’s agreement with PetData, Inc., for animal
licensing services has expired. PetData, Inc., has provided a Second
Amendment to the agreement that would extend the expiration date to
August 3, 2026, unless the agreement is terminated on an earlier date in
accordance with the agreement.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommend approval of the amendment.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Second Amendment to Agreement for Animal Licensing Services
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1G2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING SECOND AMENDMENT TO AGREEMENT FOR
ANIMAL LICENSING SERVICES [PETDATA, INC.]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS, on November 7, 2016, the Waukee City Council approved an Agreement for
Animal Licensing Services with PetData, Inc., to provide online dog and cat licensing, database
management, license mailing and renewals, and customer support (Resolution #16-481); AND,
WHEREAS, on August 2, 2021, the Waukee City Council approved a second Agreement for
Animal Licensing Services (Resolution #2021-327); AND,
WHEREAS, on July 24, 2023, the Waukee City Council approved a Firs Amendment to
Agreement for Animal Licensing Services (Resolution #2023-320); AND,
WHEREAS, PetData, Inc., proposes a Second Amendment to Agreement for Animal Licensing
Services which amends the renewal and expiration dates of the Agreement; AND,
WHEREAS, the City of Waukee desires to continue contracting with PetData, Inc., for animal
licensing services.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
3rd day of September, 2024, that it hereby approves a Second Amendment to Agreement for
Animal Licensing Services with PetData, Inc.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
SECOND AMENDMENT TO AGREEMENT FOR ANIMAL LICENSING SERVICES PAGE 1
SECOND AMENDMENT TO
AGREEMENT FOR ANIMAL LICENSING SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR SERVICES (this
“Amendment”) is made and entered into this ______ day of ________________20____, by and
between CITY OF WAUKEE (“CITY”) and PETDATA, INC., a Texas for-profit corporation
(“CONTRACTOR”).
RECITALS:
A. CITY and CONTRACTOR have previously entered into that certain Agreement for
Services having an Execution Date of August 3, 2021 (the “Agreement”).
B. CITY and CONTRACTOR desire to modify the Agreement as hereinafter set forth.
COVENANTS:
NOW, THEREFORE, in consideration of the Recitals, which are true and correct and
incorporated into the body of this Amendment by reference, and other good and valuable
consideration, the receipt and total sufficiency of which are hereby acknowledged, CITY and
CONTRACTOR hereby agree as follows:
1. Amendment to Section 10. Section 10 of the Agreement is hereby amended to read
as follows:
The renewal term of this Agreement shall commence on August 4, 2024 and shall
expire on August 3, 2026 unless this Agreement is sooner terminated in accordance with
other provisions of this Agreement. Additional renewal options, at the then-prevailing
market rates, may be exercised based on the mutual acceptance of CONTRACTOR and
CITY.
2. Continuing Effect. Except as expressly modified by the terms and provisions of
this Amendment, each and every of the terms and provisions of the Agreement are unchanged and
continued in full force and effect. The Agreement, as amended hereby, shall continue in full force
and effect.
3. Parties Bound. This Amendment shall be binding upon the parties hereto and their
respective successors and assigns.
4. Counterparts. This Amendment may be executed in one or more counterparts, each
of which shall be an original and all of which shall constitute one and the same instrument. It shall
SECOND AMENDMENT TO AGREEMENT FOR ANIMAL LICENSING SERVICES PAGE 2
not be necessary for each party to sign all counterparts, and separate signature pages may be
attached to any counterpart in order to make a complete counterpart. In any action or proceeding
related to this Amendment, it shall not be necessary to produce or account for all counterparts. A
signature to this Amendment that is made electronically or that is transmitted by facsimile,
computer file, or other electronic means shall be fully binding as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be
effective as of the date first above written.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES FOLLOW]
SECOND AMENDMENT TO AGREEMENT FOR ANIMAL LICENSING SERVICES PAGE 3
CITY: CITY OF WAUKEE, IA
By:_______________________________________
Printed Name:______________________________
Title:_____________________________________
Date:_____________________________________
CONTRACTOR: PETDATA, INC.
a Texas for-profit corporation
By:_______________________________________
Christopher A. Richey
President
Date:_____________________________________