HomeMy WebLinkAbout2016-11-07-J01X Pet Licensing Agreement_PetData AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 7, 2016
AGENDA ITEM: Consideration of approval of a resolution approving Agreement for Animal
Licensing Services with PetData, Inc.
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City recently researched vendors and processes to
streamline pet licensing for residents. The old system proved to be
inconvenient and a drain on staff time. PetData provides an online licensing
option, database management, license mailing and renewals, as well as
customer support.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1,000 set-up fee; $4.10 per
one-year license or $6,000 minimum annual fee.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff and the City Attorney have reviewed this 36-
month contract to partner with PetData for City of Waukee pet licensing
services.
RECOMMENDATION: Staff would recommend approval of this contract.
ATTACHMENTS: I. Proposed Resolution
II. Agreement for Animal Licensing Services
III. PetData Information Sheet
PREPARED BY: Summer Evans, Marketing & Communications Director
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AGREEMENT FOR ANIMAL LICENSING SERVICES WITH
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, the Waukee City Council desires to improve the pet licensing process and
experience for both residents and City staff; AND,
WHEREAS, third-party vendor PetData provides an online licensing option, database
management, license mailing and renewals, as well as customer support; AND,
WHEREAS, the City Attorney has reviewed an agreement with PetData and finds it
satisfactory.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 7th day of November, 2016, that it hereby approves an Agreement for
Animal Licensing Services with PetData, Inc.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
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AGREEMENT FOR ANIMAL LICENSING SERVICES
__________________________
THIS AGREEMENT FOR ANIMAL LICENSING SERVICES (“Agreement”) is made and entered into by and
between the CITY OF WAUKEE AND hereinafter called “CITY,” and PETDATA, INC., a Texas for-profit
corporation, hereinafter called “CONTRACTOR,” as of the date last signed by a party as reflected on the signature
page of this Agreement (“the Execution Date”).
For good and valuable consideration, CITIES and CONTRACTOR agree as follows:
1. SERVICES
For the consideration set forth below, CONTRACTOR agrees to provide to CITY the animal licensing services
described under “CONTRACTOR’s RESPONSIBILITIES” in Exhibit A, attached hereto and incorporated herein by
reference (collectively, the “Services”), upon the terms and conditions of this Agreement. The Services relate to
CITY’s licensing and registration of pets. CITY agrees to perform “CITY’s RESPONSIBILITIES” described in
Exhibit A. In the event of any conflict between any of the contents of Exhibit A and any of the provisions of the main
body of this Agreement, the provisions of the main body of this Agreement will prevail.
2. OVERSIGHT AND COORDINATION
All Services shall be performed to the reasonable satisfaction of CITY, as reasonably determined by CITY’s
Administrator or other person whom CITY shall from time to time designate to monitor the performance of the
Services by CONTRACTOR. CITIES agrees to promptly notify CONTRACTOR of the name and contact information
of the person who will monitor the performance of the Services on behalf of CITY, and to promptly notify
CONTRACTOR of any changes to CITY’S monitoring designee or the contact information for CITY’s monitoring
designee.
3. PERFORMANCE OF SERVICES
CONTRACTOR acknowledges that, prior to signing this Agreement, CONTRACTOR has become familiar with the
scope of the Services required under this Agreement. Subject to CONTRACTOR’s fulfillment of its obligations under
this Agreement, the means, methods, timing, and manner of performing the Services shall be within the sole discretion
of CONTRACTOR. CONTRACTOR may perform the Services at such location(s) that CONTRACTOR may from
time to time determine, and shall not be required to perform any of the Services at a CITY location. CITY
acknowledges that CONTRACTOR shall not be obligated to commence the performance of the Services until the
Commencement Date, as hereinafter provided. CONTRACTOR shall not be responsible or liable to CITY or any third
party for any delays, errors or omissions in the performance of the Services or any losses or damages sustained by
CITY or any third party that are caused by (i) CITY or any of CITY’s employees or agents, (ii) the inaccuracy,
incompleteness, or other insufficiency of any data furnished by or on behalf of CITY to CONTRACTOR under or in
connection with this Agreement, or (iii) any other items furnished by or on behalf of CITY to CONTRACTOR under
or in connection with this Agreement.
4. CUSTOM SUPPLIES
If CITY requests that CONTRACTOR utilize specific supplies in connection with the performance of the Services,
such as, for example, forms, brochures, or rabies books, CITY will provide those supplies to CONTRACTOR without
charge.
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5. BANK ACCOUNTS
Licensing fees and any other amounts that are collected by CONTRACTOR for the benefit of CITY under this
Agreement will be deposited into an account of one of the following types that is from time to time designated by
CITY (a “Bank Account”):
A. An account established and maintained by CITY in its name at a bank or other financial institution (a “CITY
Account”); or
B. A separate account established and maintained by CONTRACTOR at a bank or other financial institution
selected by CONTRACTOR in which will be deposited funds that relate solely to this Agreement (a “Maintained
Account”).
CITY will initially designate the type of Bank Account to be utilized hereunder in a notice that CITY will deliver to
CONTRACTOR during the Transition Phase in accordance with Section 11. CITY may thereafter change the
designation of the type of Bank Account to be utilized hereunder from time to time upon notice to CONTRACTOR,
and CONTRACTOR will have a reasonable time in order to effect any such requested change. CITY will reimburse
CONTRACTOR for all out-of-pocket expenses incurred by CONTRACTOR in connection with any change in the
type of Bank Account utilized hereunder. CITY acknowledges and consents that CONTRACTOR may make an initial
deposit into a Maintained Account from CONTRACTOR’s funds in order to establish the account, which initial
deposit will be refunded or otherwise reimbursed to CONTRACTOR. When a Maintained Account is closed, any
funds remaining in the account after the payment of all amounts due CITY hereunder will belong to and be disbursed
to CONTRACTOR.
6. COMPENSATION TO CONTRACTOR
In consideration of the Services, CONTRACTOR shall be entitled to the following compensation:
A. Basic Fees.
CITY shall pay to CONTRACTOR the following fees for all animal licenses issued during the term of this Agreement,
regardless of whether they are issued by CITY, CONTRACTOR, veterinarians, or any other persons:
1) $4.10 for each one-year license or replacement tag and for the first year for each multi-year license
(which amount is subject to adjustment as provided below).
2) $2.00 for each additional year after the first year for each multi-year license.
3) $2.50 collection service fee for each late fee, if any, paid by a Licensee during the term of this
Agreement.
The fee provided for in clause 1), above, will be adjusted as follows during any of the following periods that fall within
the term of this Agreement: (a) commencing on the third (3rd) annual anniversary of the Execution Date and
continuing until the fifth (5th) annual anniversary of the Execution Date, the fee provided for in clause 1), above, will
be $4.20; and (b) if the term of this Agreement is for more than five (5) years, then, commencing on the fifth (5th)
annual anniversary of the Execution Date and continuing on each annual anniversary of the Execution Date thereafter
throughout the remaining term of this Agreement, the fee provided for in clause 1), as previously adjusted, will
increase by an amount equal to five percent (5%) of the fee under clause 1) that is in effect immediately prior to the
respective anniversary, and the fee, as so increased, will thereupon become the fee payable under clause 1) unless and
until further adjusted in accordance with this clause (b).
An animal license will be considered “issued” for purposes of this Agreement regardless of the means, method,
program, process, or agency used for the issuance or registration of the license, and whether or not a fee or other
consideration is charged or received by the CITY for the license. Without limiting the generality of the foregoing, an
animal license that is donated or issued free of charge by the CITY or that is issued as part of a bundling of CITY
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services or programs will be considered “issued” for purposes of this Agreement. Further, any animal license that is
processed by CONTRACTOR for CITY during the term of this Agreement will be considered “issued” for purposes
of this Agreement, whether or not the license was or is actually issued or delivered before, during, or after the term of
this Agreement.
Notwithstanding the preceding provisions of this Section 6A, the parties agree that CONTRACTOR’s minimum
aggregate fees under this Section 6A are $6,000.00 per calendar year. In order to assure the payment of such minimum
aggregate annual fees to CONTRACTOR, the parties agree that if the aggregate fees payable to CONTRACTOR
under this Section 6A for a calendar month would, but for the application of this sentence, be less than $500.00, then
the aggregate fees payable to CONTRACTOR under this Section 6A for that calendar month will be $500.00.
However, the foregoing minimum monthly amount will not be applicable if the aggregate fees paid to CONTRACTOR
under this Section 6A have already equaled or exceeded, or in the opinion of CONTRACTOR are reasonably expected
to otherwise equal or exceed, $6,000.00 for that calendar year. If the aggregate annual fees paid to CONTRACTOR
under this Section 6A during any calendar year do not equal or exceed $6,000.00, then CITY shall pay an amount
equal to the positive difference between (i) the amount previously paid to CONTRACTOR for that calendar year and
(ii) $6,000.00, upon demand by CONTRACTOR. The $6,000.00 minimum annual amount shall be prorated for any
partial calendar year during the term of this Agreement. No delay or failure on the part of CONTRACTOR in imposing
or collecting the aforesaid monthly minimum amount shall affect CONTRACTOR’s right to receive the aforesaid
minimum aggregate annual fees or to collect the aforesaid minimum aggregate monthly amount either then or in the
future. CITY acknowledges that the aforesaid minimum fee amounts apply only to the fees payable to CONTRACTOR
under this Section 6A, and do not include, by way of example and not by way of limitation, any Start-Up Fee payable
to CONTRACTOR under Section 6B.
The fees paid to CONTRACTOR under this Section 6A are further subject to reasonable adjustment in the event that
CITY adds, modifies, or eliminates any fees that are charged to Licensees during the term of this Agreement. CITY
and CONTRACTOR agree to negotiate any such reasonable adjustments in good faith.
As used in this Agreement, the term “Licensee” refers to any person who applies for an animal license to be issued by
or on behalf of CITY.
B. Start-Up Fee.
CITY shall pay to CONTRACTOR, a $1,000, one-time only, “Start-Up Fee”. The Start-Up Fee is due and payable
within fifteen business days after the Execution Date. There are no Start-Up Fees for term extensions or any renewals
of this Agreement that may hereafter be entered into by the parties.
C. Additional Service Fees or Costs.
The following fees or cost reimbursements will apply to the extent that the corresponding services described below
are requested by CITY:
1) Cost of Bank Account. CITY will be responsible for all out-of-pocket costs related to any Bank
Account. CITY will reimburse CONTRACTOR on a monthly basis for any out-of-pocket costs for
a Bank Account that are paid by CONTRACTOR. CITY may request copies of the bank statements
for a Maintained Account at any time and CONTRACTOR will provide available bank statements
for that Maintained Account within five business days after a request is received by
CONTRACTOR.
2) Bank Deposit Mailing Fees. If CITY requires CONTRACTOR to deposit money into a CITY
Account other than at a branch located in the CITY where CONTRACTOR’s principal office is
located, CONTRACTOR may make any deposit to that CITY Account by means of any form of
U.S. Mail or overnight delivery service, and the actual cost to transmit the deposits to the required
bank location will be borne by CITY and included in invoices submitted to CITY for the Services.
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3) Postal Box/Mail Forwarding Fee. If CITY requests CONTRACTOR to establish a local post office
box for mail collection and forwarding, CITY will pay or reimburse CONTRACTOR for the actual
costs of mail box rental, mail forwarding and postage fees.
4) Supply Fee. If CITY requests changes to supplies or notices that it has previously approved,
including but not limited to fee or program changes, CITY will be responsible for the actual costs
associated with changing, replacing or discontinuing the use of the previously approved supplies. If
CITY terminates this Agreement for any reason other than for cause, CITY will remain responsible
for the actual cost of supplies purchased on its behalf.
5) Lock Box Fees. If CITY utilizes a lockbox, the actual fees and costs associated with the lockbox,
including the cost to forward mail to CONTRACTOR from a lockbox, shall be borne solely by
CITY.
D. Charges to Licensees.
CITY agrees that CONTRACTOR may charge and collect the following fees directly from Licensees, and
CONTRACTOR shall be entitled to retain any such fees so collected as part of CONTRACTOR’s compensation under
this Agreement, except as otherwise provided below:
1) $1.95 for each on-line transaction engaged in by a Licensee.
2) CONTRACTOR may charge a fee to a Licensee of no more than $25.00 (or, if lower, the maximum
amount permitted by applicable law from time to time in effect) for each check or other payment
from that Licensee that is returned uncollected for any reason. Any such returned item fee related to
a Maintained Account that is actually collected shall be deposited into the Maintained Account and
shall be for the benefit of CITY; otherwise the fee shall be retained by CONTRACTOR.
7. MODIFICATIONS OF SERVICES
If CITY requests Services in addition to those described in this Agreement, and CONTRACTOR agrees to provide
those additional Services, then CONTRACTOR shall be entitled to additional compensation for those additional
Services as shall be agreed upon by CONTRACTOR and CITY in a written modification to this Agreement that is
signed by CITY and CONTRACTOR. CONTRACTOR shall not be required to perform any such additional Services
unless and until the parties have entered into a written modification of this Agreement. Without limiting the other
types of services that may be considered to be outside of the scope of the Services described in this Agreement, the
following types of Services would be considered to be outside of the scope of the Services described in this Agreement
and, therefore, the subject of additional compensation to CONTRACTOR: customized software projects; requests for
new features in CONTRACTOR’s software; or requests for CONTRACTOR to implement new procedures or
operations. CITY may determine after the Execution Date that certain portions of the Services are no longer necessary,
in which event CITY shall notify CONTRACTOR of the portions of the Services that are no longer required, and
CONTRACTOR shall be relieved of the responsibility for performing those portions of the Services. However, there
shall be no adjustment in CONTRACTOR’s compensation hereunder for any portions of the Services that
CONTRACTOR is not required to perform.
8. REPORTS
A. Reports from CONTRACTOR. Within 15 business days after the end of each calendar month during the term
hereof, CONTRACTOR will submit an animal licensing summary report for the preceding calendar month to CITY
in a format that is mutually agreed upon by CITY and CONTRACTOR. Any such report may be transmitted
electronically or by any other means.
B. Reports from CITY. Within 10 calendar days after the end of each calendar month during the term hereof,
CITY will submit a report to CONTRACTOR of all license fees that CITY has received during the preceding calendar
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month from Licensees, veterinarians or any other source other than CONTRACTOR. Any such report may be
transmitted electronically or by any other means.
9. PAYMENTS
A. CITY Account Used. If and for so long as a CITY Account is utilized hereunder, the following provisions
shall apply (and the provisions of Section 9B shall be inapplicable):
Within 15 business days after the end of each calendar month, CONTRACTOR will submit to CITY an invoice with
supporting documentation for the compensation due CONTRACTOR under this Agreement for that calendar month.
CITY will pay CONTRACTOR the invoiced amount by means of check, ACH payment or other form of payment
acceptable to CONTRACTOR within 30 days after the date CONTRACTOR submits the invoice to CITY. Invoices
that are not timely paid will, at CONTRACTOR’s option, bear interest from the 30th day after the date that
CONTRACTOR submits the invoice to CITY until paid at a rate equal to the lesser of (i) 18% per annum or (ii) the
maximum annual rate of interest permitted from time to time under applicable law (or if those rates are the same, then
at the rate determined under either clause). Invoices will be submitted electronically to the e-mail address that CITY
shall from time to time provide CONTRACTOR for the submission of invoices or in such other manner as CITY may
from time to time request in writing to CONTRACTOR and that is acceptable to CONTRACTOR.
B. Maintained Account Used. If and for so long as a Maintained Account is utilized hereunder, the following
provisions shall apply (and the provisions of Section 9A shall be inapplicable):
Within 15 business days after the end of each calendar month, CONTRACTOR shall remit to CITY the residual
amount, if any, of all license fees collected by CONTRACTOR hereunder during the preceding calendar month after
deducting therefrom all fees, costs, expenses, and reimbursements due CONTRACTOR hereunder. If at any time the
funds in the Maintained Account are not sufficient to fully pay amounts due to CONTRACTOR hereunder, then
CONTRACTOR may recoup any shortfall from any subsequent payments due to CITY under this paragraph until all
sums due CONTRACTOR have been fully paid.
C. Direct Collections by CITY. If CITY collects any animal license fee or any other amount that is subject to
this Agreement directly from a Licensee, veterinarian or other source, other than CONTRACTOR, CITY may either
forward the amount collected to CONTRACTOR within fifteen business days for deposit into a Maintained Account,
if a Maintained Account is in effect, or retain the amount. In either event, CITY shall report the amount so collected
to CONTRACTOR in accordance with Section 8B so that the fee(s) due CONTRACTOR hereunder with respect to
the amount collected by CITY may be determined and paid in accordance with this Agreement.
10. TERM
The initial term of this Agreement will commence on the Execution Date and will expire at the close of business on
the last day of the ____36____ full calendar month after the Commencement Date, unless this Agreement is sooner
terminated in accordance with other provisions of this Agreement.
11. TRANSITION PHASE
The period beginning on the Execution Date and expiring at the close of business on the 60th day thereafter is referred
to as the “Transition Phase.” CONTRACTOR shall begin processing licenses within a reasonable time following the
Transition Phase subject to CITY’s timely fulfillment of its obligations under this Section 11. CONTRACTOR, in its
discretion, may begin processing licenses prior to the expiration of the Transition Phase. CITY acknowledges that any
delay in the performance of its obligations under this Section 11 may result in a delay in the commencement of the
Services. The date on which CONTRACTOR commences the processing of licenses hereunder is referred to in this
Agreement as the “Commencement Date.” CONTRACTOR shall notify CITY of the Commencement Date within a
reasonable period before or after the Commencement Date.
During the Transition Phase:
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A. License Data.
CITY shall provide historical license data files consisting of licenses older than 90 days within fifteen days after the
Execution Date. The said historical data shall be made available to CONTRACTOR in an electronic format that is
readily importable by CONTRACTOR.
B. Deliverables.
Within ten days after request from CONTRACTOR, CITY shall provide to CONTRACTOR agreed upon supplies,
data, feedback, process information, the initial designation regarding the type of Bank Account under Section 5, and
required approvals for items such as form designs (collectively, “Deliverables”). Deliverables may be requested
throughout the Transition Phase.
C. Tags.
CITY shall purchase, at CITY’s expense, and cause to be delivered to CONTRACTOR license tags that meet
CONTRACTOR’s specifications, which have been provided to CITY.
12. PERMITS AND REQUIREMENTS
A. Permits.
CONTRACTOR shall obtain the necessary permits(s), if any, required by CITY or its governing ordinances for the
performance of the Services. CITY agrees to provide CONTRACTOR with a list of any and all such permits and to
cooperate and assist CONTRACTOR in good faith to aid CONTRACTOR in obtaining any such permits in a timely
fashion.
B. Legal Requirements.
CONTRACTOR shall, in performing the Services under this Agreement, comply with all federal, state, county, or
CITY statutes, laws, codes and ordinances, as amended, that are directly applicable to CONTRACTOR’s performance
of the Services. CITY shall notify CONTRACTOR of changes to laws, codes or ordinances affecting
CONTRACTOR’s performance of Services under this Agreement of which CITY obtains actual knowledge during
the term of this Agreement.
13. COVENANTS REGARDING DATA
CONTRACTOR agrees that it will not, without CITY’s consent, use personal data, including but not limited to
personally identifiable information, confidential information, and payment information, collected on behalf of CITY
other than for the performance of the Services or other uses permitted by this Agreement or under applicable law.
Further, CONTRACTOR agrees that it will not sell, or intentionally transfer or release, to any third party personal
data, including but not limited to personally identifiable information, confidential information, and payment
information, that CONTRACTOR has collected in performing the Services, except as may otherwise be required by
this Agreement or applicable law, and that it will take commercially reasonable measures to prevent the unauthorized
release of any such third party personal data. CONTRACTOR agrees that any data, including but not limited to
personal data, confidential data, payment data, collected on behalf of CITY shall be shared with as few people,
including but not limited to CONTRACTOR’s agents, emlpoyees, and officers, within CONTRACTOR’s
organization as necessary to perform the Services. CONTRACTOR further agrees that any data collected on behalf
of CITY in connection with the Services and shared within CONTRACTOR’s organization, including but not limited
to its agents, employees, and officers, shall adhere to all of the provisions herein with respect to data handling and
information security requirements. Any breach of confidentiality or data security by CONTRACTOR’s agents,
employees, and/or officers shall be the same as a breach by CONTRACTOR.
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CONTRACTOR agrees that any data collected, sent, or otherwise transmitted on behalf of CITY shall be stored and/or
transmitted using industry accepted best practices. CONTRACTOR acknowledges that said industry best practices
for data security and information security may change from time to time and CONTRACTOR shall update their
practices accordingly. CONTRACTOR further agrees that any and all payment data and information collected, sent,
or otherwise transmitted, including but not limited to credit card numbers, bank routing numbers, names, addresses,
social security numbers, birthdates, security questions and answers, and all other personally identifiable information,
shall be collected, sent, and transmitted following the most current Payment Card Industry Data Security Standards
(“PCI-DSS”) requirements. CONTRACTOR acknowledges that said PCI-DSS requirements for payment information
security may change from time to time and CONTRACTOR shall update their practices accordingly to maintain PCI
compliance. CONTRACTOR agrees to provide evidence of CONTRACTOR’s PCI-DSS certification and/or use of
industry accepted best practices to CITY within 15 business days after receipt of a written request for such evidence
from CITY. CONTRACTOR further agrees to notify CITY of any breach of information collected on behalf of CITY
in performing the Services within three (3) business days of CONTRACTOR becoming aware of such a breach, in
alignment with Visa’s recommendations (Visa Supplemental Requirements, Version 5.0 (Global), Effective August
2016) regarding breach notification.
Upon the termination of this Agreement, CONTRACTOR agrees to return or transfer to CITY, in a mutually
acceptable format, all animal licensing data maintained by CONTRACTOR under this Agreement within 15 business
days after CONTRACTOR has received all sums due CONTRACTOR under this Agreement.
14. INDEMNITY
Subject to the limitations on CONTRACTOR’s liability set forth elsewhere in this Agreement, CONTRACTOR
agrees to indemnify and hold harmless CITY and its officers and employees from and 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, arising out of CONTRACTOR’s gross
negligence or willful misconduct in the performance of the Services under this Agreement. In the event of joint and
concurring responsibility of CONTRACTOR and CITY, responsibility and indemnity, if any, shall be apportioned
comparatively. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to
create or grant any rights, contractual or otherwise, in or to any other person or entity.
15. INSURANCE REQUIREMENTS
CONTRACTOR shall procure, pay for, and maintain during the term of this Agreement:
A. Commercial Liability Insurance with a minimum combined single limit coverage of $1,000,000 per
occurrence, and a $2,000,000 General Aggregate Limit for all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use thereof.
B. Workers Compensation Insurance to cover obligations imposed by federal and state statutes having
jurisdiction or employees engaged in the performance of the work or services of not less than $1,000,000 per accident,
$1,000,000 disease for each employee, and $1,000,000 disease policy limit.
CONTRACTOR shall furnish evidence of such coverage to CITY and will provide 30 days’ written notice of policy
lapse or cancellation, or of a material change in policy terms.
CONTRACTOR does not own any vehicles. However, CONTRACTOR does have coverage for non-owned vehicles
under its commercial liability policy. Therefore, CONTRACTOR does not carry and shall not be obligated to carry
separate automobile liability coverage.
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16. TERMINATION
A. Expiration.
If the term of this Agreement expires and is not extended in accordance with other provisions of this Agreement, then
CONTRACTOR shall be paid all amounts due CONTRACTOR hereunder with respect to all periods through the date
of termination, including CONTRACTOR’s basic fees under Section 6A with respect to animal licenses or renewals
that are in process at the time of termination.
B. For Cause.
If CONTRACTOR materially breaches this Agreement and fails to cure the breach within 30 days after CITY notifies
CONTRACTOR of the breach and specifies the details of the breach, CITY may terminate this Agreement upon notice
to CONTRACTOR. In the event of such termination, CONTRACTOR shall be entitled to payment for all amounts
due CONTRACTOR hereunder with respect to all periods through the date of termination, including
CONTRACTOR’s basic fees under Section 6A with respect to animal licenses or renewals that are in process at the
time of termination.
C. Termination of Licensing Program.
CITY may terminate this Agreement upon not less than 90 days prior notice to CONTRACTOR if CITY determines
to terminate its animal licensing program. Upon such termination, CONTRACTOR shall be entitled to payment for
all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination plus an
additional amount (the “Cancellation Fee”) equal to the sum of all compensation payable to CONTRACTOR under
this Agreement for the three calendar months in which the highest monthly compensation was payable to
CONTRACTOR hereunder during the twelve calendar months preceding the date of termination (or if shorter during
the period from the Execution Date until the date of termination). The parties agree that the Cancellation Fee is
reasonable compensation to CONTRACTOR for its lost revenue resulting from the early termination of this
Agreement by CITY and is not a penalty.
17. UNFORESEEN CIRCUMSTANCES
CONTRACTOR shall not be responsible for any delay or omission in the performance of any of CONTRACTOR’s
obligations under this Agreement to the extent caused by natural disaster, power outages, war, civil disturbance, labor
dispute or other cause beyond CONTRACTOR's reasonable control. To the extent CONTRACTOR is able to do so,
CONTRACTOR shall provide notice to CITY of any event described in this Section within ten (10) business days
after the occurrence of such event.
18. RECORDS/AUDIT
CONTRACTOR shall maintain in electronic form or on a database material books, records, and documents directly
related to the performance of the Services (collectively, “Records”) during the term of this Agreement and for a period
of three years thereafter. CONTRACTOR shall further maintain any Records that were either received or originally
generated by CONTRACTOR in paper form for a period of three years after the date(s) that the respective Records
were originally received or generated or until the termination, by expiration or otherwise, of this Agreement,
whichever occurs first. Any paper Records in existence at the expiration of any such three-year period or at the
termination of this Agreement shall either be shipped to CITY or destroyed, at CITY’s option and at CITY’s expense
in either case. During the term of this Agreement and for a period of three years thereafter, CITY shall have the right
to inspect and audit, at CITY’s expense, and upon reasonable advance notice to CONTRACTOR, the Records that
CONTRACTOR is obligated to maintain hereunder as of the time of any such inspection or audit. Notwithstanding
the foregoing, any Records maintained by CONTRACTOR during the term of this Agreement that relate to any
litigation, appeal, or related settlement arising under or in relation to this Agreement shall be preserved until a final
disposition has been made of such litigation. However, CONTRACTOR shall not have any liability for disposing of
paper Records in accordance with this Agreement prior to the time that CONTRACTOR obtained actual knowledge
of the existence of the litigation.
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19. NOTICES
Any notice, statement, or demand required or permitted to be given hereunder by either party to the other shall be in
writing and shall be given personally or by courier, by overnight delivery service, by certified mail, return receipt
requested, postage prepaid, or by confirmed (either machine or personal) facsimile transmission, addressed to the recipient
as follows:
Notices to CITY shall be addressed as follows:
Waukee City Clerk Becky Schuett
230 W. Hickman Road
Waukee, IA 50263
Fax: 515-987-1845
Notices to CONTRACTOR shall be addressed as follows:
Chris Richey, President
PetData, Inc.
P.O. Box 141929 (if mailed)
Irving, Texas 75014-1929
1850 Crown Drive, Suite 1110 (if delivered)
Dallas, Texas 75234
214-821-3106 (facsimile)
Any such notice shall be effective (a) if delivered personally or by courier, when received, (b) if sent by overnight courier,
when received, (c) if mailed, on the second business day after being mailed as described above, and (d) if sent by confirmed
(either personal or machine) written telecommunication, when dispatched. Any party may change any of its contact
information for notices upon not less than ten (10) days’ prior notice to the other party in accordance with this Section.
The provisions of this Section shall not govern the means of submission of invoices by CONTRACTOR to CITY under
this Agreement.
20. CONTRACTOR’S SYSTEM
CITY acknowledges that CONTRACTOR has developed and coordinated proprietary means and methods of performing
the Services and related know-how, skills, and property (collectively, the “System”). The System includes, among other
items, an interactive website, databases, software, and related items. The System is special and unique to CONTRACTOR
and has been developed by CONTRACTOR at great cost and expense to CONTRACTOR. CITY acknowledges that CITY
is not acquiring any rights in or to the System, and that the System is and will remain the sole and exclusive property of
CONTRACTOR. CITY further acknowledges and agrees that any information that CITY obtains related to the use,
formulation or operation of the System that is not generally known is CONFIDENTIAL, may only be used by CITY for
the limited purposes described in this Agreement, and may not be disclosed to any third parties except as may be required
under applicable law or with CONTRACTOR’s prior, express written consent in CONTRACTOR’s sole discretion. Upon
the termination of this Agreement, any information and materials, in whatever media or format, related to the System that
CITY has in its possession will be returned to CONTRACTOR or destroyed at CONTRACTOR’s option. CITY agrees
that it will not attempt to discover, duplicate, or replicate the System in any manner.
21. MISCELLANEOUS
A. Governing Law.
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This Agreement shall be governed by and construed in accordance with the laws of the state in which CITY is located.
B. Relationship of Parties.
The relationship of CITY and CONTRACTOR is that of independent contractors. Nothing in this Agreement is
intended to create a partnership or joint venture between the parties, to establish a fiduciary relationship between the
parties, or to render either party liable or responsible for any debts, liabilities or other obligations of the other party.
C. Entire Agreement.
This Agreement, including any exhibits hereto, embodies the complete agreement of the parties hereto, and supersedes
all oral or written previous or contemporary agreements or understandings between the parties relating to any of the
matters herein. This Agreement may not be amended or otherwise modified except in a writing executed by both
parties. The expiration or other termination of this Agreement shall not extinguish any right or remedy existing at the
time of termination.
D. Severability.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision thereof, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement.
E. Assignment; Binding Effect.
Neither party may assign this Agreement without the prior written consent of the other party. Notwithstanding the
foregoing, the transfer of CONTRACTOR’s interest in this Agreement to an affiliate of CONTRACTOR or in
connection with a merger, consolidation, sale of substantially all of CONTRACTOR’s assets, or business combination
involving CONTRACTOR shall not be deemed to be an assignment in violation of this Section, provided that such
transferee shall be subject to all of the terms and conditions of this Agreement. This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and,
where permitted, assigns.
F. General.
All references in this Agreement to sections and other subdivisions refer to corresponding sections and other
subdivisions of this Agreement unless the context indicates otherwise. Titles appearing at the beginning of any such
sections or subdivisions are for convenience only and shall not constitute part of such sections or subdivisions and
shall be disregarded in construing the language contained in such sections or subdivisions. These words “this
Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this
Agreement as a whole and not to any particular subdivision unless expressly so limited. Words in the singular form
shall be construed to include the plural and vice versa, unless the context otherwise requires. Words in any gender
(including the neutral gender) shall include any other gender, unless the context otherwise requires. Examples shall
not be construed to limit, expressly or by implication, the matter they illustrate. The word “includes” and its derivatives
shall mean “includes, but is not limited to” and corresponding derivative expressions. The term “or” includes “and/or.”
All exhibits attached to this Agreement are incorporated herein by reference. No consideration shall be given to the
fact or presumption that one party had a greater or lesser hand in drafting this Agreement. All references herein to “$”,
“dollars”, or other sums of money shall refer to U.S. Dollars. References in this Agreement to “business days” shall
refer to days other than Saturdays, Sundays, or other days on which CITY offices are closed. Any references in this
Agreement to “days” other than business days shall refer to calendar days. Time is of the essence of this Agreement.
No delay or forbearance in asserting any right or enforcing any obligation under this Agreement shall constitute a
waiver of such right or obligation.
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G. 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.
H. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. It shall not be necessary for each party to sign each
counterpart, and separate signature pages may be attached to any counterpart in order to make a complete counterpart.
For purposes of the execution of this Agreement or any amendment hereto or modification hereof, a signature
transmitted by facsimile, computer file or other electronic means shall be fully binding as an original signature.
[Signature page follows]
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EXECUTED by CITY and by CONTRACTOR on the respective dates set forth below to be effective as of the
Execution Date.
CITY: __________________________________________________
By:_______________________________________________
Printed Name:_____________________________________
Title:____________________________________________
Date of Execution:___________________________________
CONTRACTOR: PETDATA, INC.
By:_______________________________________________
Printed Name:_____________________________________
Title:____________________________________________
Date of Execution:___________________________________
Exhibit A – Page 1
EXHIBIT A
Description of Services
This exhibit is attached to and a part of the above and foregoing Agreement for Animal Licensing Services
(Agreement). Terms used in this exhibit that are not defined in this exhibit but which are defined elsewhere
in the Agreement shall have the respective meanings given to them in the other provisions of the Agreement.
In the event of any conflict between any of the provisions of this exhibit and the other provisions of the
Agreement, the other provisions of the Agreement shall control.
CONTRACTOR RESPONSIBILITIES
1. Process License Applications
A. Receive and process animal license applications through the mail.
B. Provide online licensing and process applications initiated through CONTRACTOR’s
website.
C. Enter new and renewal license applications into CONTRACTOR’s proprietary database.
D. Deposit, or transmit for deposit, all receipts collected for license fees, with the exception
of those payments made via credit card, into a Bank Account.
E. Mail license tags within 10 business days after receipt of payment and complete
documentation as required by local ordinance and/or CITY policy.
F. Update license information in CONTRACTOR’S database and issue replacement tags as
needed.
G. If CONTRACTOR collects any payments due CITY from Licensees via credit card
transactions that are paid to CONTRACTOR, those payments will be deposited, or
transmitted for deposit, into a Bank Account within 15 business days after the end of the
calendar month in which collected.
2. Mail License Notices
A. Mail renewal and reminder notices for expiring animal licenses. Renewal notices will be
mailed in the month prior to the license expiration date, or as otherwise agreed upon
between CONTRACTOR and CITY.
B. Mail billing notices to pet owners who have vaccinated a pet against rabies but have not
licensed, if CITY collects rabies vaccination reports from veterinarians.
3. Customer Service for Licensing Program
A. Provide customer service to pet owners via phone, email and mail, and respond to requests
in a timely fashion.
B. Provide customer service to CITY staff, and respond to CITY requests in a timely fashion.
C. Provide online access to licensing data to appropriate personnel via CONTRACTOR’s
proprietary website, at no additional charge.
4. Manage Reports from Authorized Registrars and Veterinary Clinics
A. Process and enter license sales records from any registrars and veterinary clinics authorized
to sell animal licenses.
1) Track tag inventories at all authorized registrars, and reconcile reports.
2) Invoice authorized registrars for licenses sold as needed
Exhibit A – Page 2
B. Process and enter rabies vaccination records from local veterinary clinics if rabies reporting
is required by CITY.
C. Follow up with delinquent clinics and registrars and report delinquent clinics and registrars
to CITY as needed.
5. Provide veterinarians and other authorized registrars with reasonable quantities of supplies
(reporting forms, applications or vaccination certificates, citizen mailing envelopes, etc.) necessary
to sell license tags and/or report rabies vaccinations to CONTRACTOR. Supplies are to be printed
in one color with the design and layout to be determined by CONTRACTOR.
6. Reporting to CITY
A. Send reports to CITY within 15 business days after the end of each month including the
number of licenses sold at each location.
B. Provide statistical reports to CITY as requested within a timely manner. Depending on the
information requested, CONTRACTOR can provide most reports within five business
days.
CITY RESPONSIBILITIES
1. Purchase license tags to CONTRACTOR’s specifications and ship them to CONTRACTOR.
CONTRACTOR recommends that tags be shipped directly from tag vendor to CONTRACTOR to
reduce shipping costs.
2. Report CITY license sales electronically or by mail at least monthly by the 10th calendar day of the
month for the prior month’s sales.
3. Give CONTRACTOR at least 60 days’ notice of license fee or ordinance changes.
4. Respond to CONTRACTOR inquiries in a timely fashion.
5. Provide feedback to CONTRACTOR regarding program and customer matters.
PetData Proposal
City of Waukee, Iowa
PetData is the largest animal licensing organization in the
U.S. and is the only private company currently providing a
comprehensive turnkey animal licensing program to
municipalities. Saving money, increasing revenues and
freeing up staff time are some of the primary reasons that
municipalities hire PetData.
§92% of PetData’s contracts have been renewed since
our founding.
§Our clients, on average, have increased licensing
compliance by 42% after hiring PetData.
§Since PetData was founded, we have processed more
than 7 million animal licenses.
17 August 2016
Pricing and Terms are valid for 90 days.
Confidential - 2
Experience
With 20 years experience providing animal licensing services to municipalities, PetData has an excellent
track record increasing licensing for our clients. On average, our client’s licensing increases 42% after
hiring PetData. For clients collecting rabies vaccination data from veterinarians, the average
improvement is even higher, with a 72% increase in revenue. In addition to increasing revenue for our
clients, PetData also lowers cost. Based on analyses conducted by several of our clients, PetData’s
fees are 40% to 60% lower than what a municipality spends to do the same service.
Managing animal licensing programs is our sole business and we dedicate 100% of our time and
resources to managing and improving animal licensing programs for our clients. We are constantly
striving to develop and create innovative technological solutions to benefit our clients. PetData
currently administers animal licensing programs for over 60 municipalities.
Our current clients include:
Albuquerque, NM Elk City, OK Lenexa, KS San Mateo County, CA
Alexandria, VA Eugene, OR Manatee County, FL Santa Barbara, CA
Antioch, CA Foothills Animal Shelter -
Jefferson County, CO
Matthews, NC Seminole County, FL
Apache Junction, AZ Fort Pierce, FL Mesilla Valley, NM Solano County, CA
Asheville, NC Frisco, TX Morgan Hill, CA Southern Brazoria SPCA, TX
Auburn, WA Fulton County, GA Nevada County, CA Sterling Heights, MI
Baltimore, MD Gilroy, CA Newport Beach, CA Sunnyvale, CA
Bothell, WA Hawthorne, CA Oakland, CA Topeka, KS
Cedar Park, TX Hernando County, FL Palm Beach County, FL Torrance, CA
Charlotte-Mecklenburg
County, NC
Highland Village, TX Placer County, CA University Park, TX
Culver City, CA Irving, TX Plano, TX Virginia Beach, VA
DeKalb County, GA Kansas City, MO Prescott, AZ Weston, WI
State of Delaware Lake County, CA Rocklin, CA Waunakee, WI
Denver, CO Lake County, FL Roseville, CA
Dubuque, IA Lakewood, WA San Clemente - Dana
Point, CA
Edmonds, WA Las Vegas, NV San Luis Obispo, CA
Confidential - 3
Reasons to Hire PetData
There are several reasons why municipalities decide to hire PetData, including saving money, increasing
revenues and freeing up staff time.
Saving Money
Two major metropolitan areas, which did internal cost analyses of their licensing programs in
2003 and 2004, discovered they were spending over $5.00 per license just to process the
license. The actual costs are higher today – between $6.50 and $7.27 per license, depending on
the size of the metropolitan area. Nearly every municipality that PetData has worked with has
seen a decrease in the cost to administer the program. This is due to a number of efficiencies that
PetData has developed in its processing. PetData can also be more flexible in its personnel levels
to ensure coverage of higher-volume periods, as well as be more flexible in its purchasing in order
to take care of pet owner and veterinary clinic needs in a timely fashion.
Increasing Revenue
PetData’s only business is animal licensing/registration. We have a dedicated, intense focus on
animal licensing. As a result, PetData has a proven track record of increasing licensing for its
clients. The average increase is 42%. Additionally because of our fee structure where we get paid
per license sold, PetData has tremendous motivation to increase licensing for our clients. Even
with the best of intentions, most cities simply are not able to dedicate the time and resources to
this area that they wish.
More Staff Time To Devote To Animal Welfare
Animal licensing is a time-consuming, extremely labor-intensive program. Most animal welfare
agencies do not have sufficient staff to meet the needs of their residents, much less to have time
for animal licensing. Therefore, it is a difficult for an agency to allocate sufficient staff time to field
the hundreds and thousands of phone calls related to animal licensing, to process the mail, to
enter all of the records in the database and the many, many other tasks associated with running a
successful animal licensing program. By hiring PetData to do all of the tasks, an agency’s staff is
freed up to provide more direct animal services to the community.
Predictable Program Costs
Because PetData works under contract for a specified period of time, the cost to the municipality
for administration of animal licensing remains consistent over the period of the contract with no
surprises from increased supply costs, postage costs, benefits costs or employee overtime. This
makes it much easier to prepare and adhere to a budget.
Confidential - 4
Standard Fees
Base Fees
The Standard Fees are not charged until the license is issued. Data entry of rabies vaccination
certificates and incomplete licenses, which may or may not result in a license, are included at no extra
charge. An agreed-upon method to follow-up with pet owners who did not respond to a prior notice is
also included at no additional cost. This structure is designed to 1) ensure that PetData is working on
behalf of the client to increase licensing; and 2) provide the client with more control and certainty by
establishing a set price for results and not charging simply for individual tasks associated with licensing.
Pricing is based on contract term commitment.
Pricing for a 1-year Agreement, with option to renew at current going rate:
$4.25 per license for a one-year license or a replacement tag for Year 1.
$2.00 for each additional year after year one if there are multi-year licenses.
$2.50 Collection Service Fee for each late fee collected during the term of this Agreement, if
applicable.
Pricing for an initial 3-year Agreement, with option to renew for two additional 1-year periods (5 years
total).
$4.10 per license for a one-year license or a replacement tag for Years 1 - 3.
$4.20 per license for a one-year license or a replacement tag for Years 4 and 5.
$2.00 for each additional year after year one if there are multi-year licenses.
$2.50 Collection Service Fee for each late fee collected during the term of this Agreement, if
applicable.
IMPORTANT: PetData is paid for all licenses issued during the contract period, including those licenses
issued by Animal Services, Veterinarians, and any authorized registrars or agents.
Start-Up Fee
$1,000 one-time only start-up fee. The Start-Up Fee covers all aspects of the client’s Start-Up with
PetData, and includes PetData’s creation of manuals, reports, license renewal/billing forms, web pages,
auto-attendant phone scripts and all database preparation. Additional fees and/or go-live date may be
delayed if requirements are changed after they have been finalized and signed off by Client.
Convenience Fee (paid by licensee, not municipality)
PetData provides the option of licensing online via PetLicense and does not charge the municipality for
this service. If the pet owner chooses to license online, PetData charges a convenience fee of $1.95 per
transaction. Multiple pets may be licensed per transaction. Pet owners may choose to mail in their
application if they do not wish to pay the convenience fee.
NOTE: If a client requests non-standard or additional services additional charges and/or minimum contract
guarantees may apply. Contract minimum is $6,000.00/year (approximately 1,500 one-year licenses).
Confidential - 5
Scope of Services
PetData Responsibilities
1.Process License Applications
A.Receive and process animal license applications through the mail.
B.Provide online licensing and process applications initiated through PetData’s website.
C.Enter new and renewal license applications into PetData’s proprietary database.
D.Deposit, or transmit for deposit, all receipts collected for license fees, with the exception of
those payments made via credit card, into a Bank Account.
E.Mail license tags within 10 business days after receipt of payment and complete
documentation as required by local ordinance and/or client policy.
F.Update license information in PetData’s database and issue replacement tags as needed.
G.If PetData collects any payments due client from Licensees via credit card transactions that
are paid to PetData, those payments will be deposited, or transmitted for deposit, into a
Bank Account within 15 business days after the end of the calendar month in which
collected.
2.Mail License Notices
A.Mail renewal and reminder notices for expiring animal licenses. Renewal notices will be
mailed in the month prior to the license expiration date, or as otherwise agreed upon
between PetData and client.
B.Mail billing notices to pet owners who have vaccinated a pet against rabies but have not
licensed, if client collects rabies vaccination reports from veterinarians.
3.Customer Service for Licensing Program
A.Provide customer service to pet owners via phone, email and mail, and respond to requests
in a timely fashion.
B.Provide customer service to client staff, and respond to client requests in a timely fashion.
C.Provide online access to licensing data to appropriate personnel via PetData’s proprietary
website, at no additional charge.
4.Manage Reports from Authorized Registrars and Veterinary Clinics
A.Process and enter license sales records from any registrars and veterinary clinics authorized
to sell animal licenses.
1)Track tag inventories at all authorized registrars, and reconcile reports.
2)Invoice authorized registrars for licenses sold as needed
B.Process and enter rabies vaccination records from local veterinary clinics if rabies reporting is
required by client.
C.Follow up with delinquent clinics and registrars and report delinquent clinics and registrars to
client as needed.
5.Provide veterinarians and other authorized registrars with reasonable quantities of supplies (reporting
forms, applications or vaccination certificates, citizen mailing envelopes, etc.) necessary to sell license
tags and/or report rabies vaccinations to PetData. Supplies are to be printed in one color with the design
and layout to be determined by PetData.
6.Reporting to Client
A.Send reports to client within 15 business days after the end of each month including the
number of licenses sold at each location.
B.Provide custom statistical reports to client as requested within a timely manner. Depending
on the information requested, PetData can provide most reports within five business days.
Confidential - 6
Scope of Services
Client Responsibilities
1.Purchase license tags to PetData’s specifications and ship them to PetData. We recommend that tags be
shipped directly from tag vendor to PetData to reduce shipping costs.
2.Report client license sales electronically or by mail at least monthly by the 10th calendar day of the month for
the prior month’s sales.
3.Give PetData at least 60 days’ notice of license fee or ordinance changes.
4.Respond to PetData inquiries in a timely fashion.
5.Provide feedback to PetData regarding program and customer matters.
Confidential - 7
Description of Services
Daily Operations – Mail Processing
PetData processes all incoming mail, including individual registration applications from pet
owners, vaccination reports from veterinarians, and tag sales reports from veterinarians. PetData
ensures that all paperwork and fee requirements are met.
Daily Operations – Data Entry
PetData’s data entry process has been highly refined over the years. Many of the rules and
processes of a municipal licensing program are unique to the client and will be coded into the
database so that entry will be as accurate and efficient as possible. Several programming checks
are also written in to prevent many kinds of errors. Data entry operators are well trained and are
monitored constantly for accuracy.
Because accuracy is so important, each batch is also re-checked after data entry, and the total
payments entered in the batch are reconciled with the check totals.
Daily Operations – Revenue Deposits
PetData will deposit all registration monies in a financial institution specified by the Municipality. In
order to provide the highest level of accountability and customer service both to the Municipality
and to citizens, PetData scans and images all checks and money orders it receives. Thus,
PetData can provide back-up data for all deposits of a municipality’s revenue and can deliver the
images on a CD-ROM upon request. PetData utilizes these images to verify citizen payments, to
balance and reconcile all of the money that is deposited into the bank account and to provide
excellent customer service to pet owners.
Daily Operations – Tag Mailings
Two different types of mailings are generated from batches of mail depending on whether the
application was complete or not. A tag receipt is generated for each completed mail-in or online
registration. An exception letter is generated for each incomplete registration. PetData enters the
record in the database, the check is deposited, and a letter is mailed to the pet owner to instruct
them on what is needed to complete their license. A license is not issued until all requirements
have been met. PetData will also issue replacement license or registration tags upon request for
tags that have been lost, stolen or damaged, according to its client’s preferred procedure.
Veterinarian Reports
For vaccination reports from veterinarians, PetData enters each record in its database for owners
residing in within the client’s jurisdiction. The vaccination data will be used to inform residents
who have not yet registered their pet of the requirement to register and how to obtain the
registration.
For tag sales reports from veterinarians, PetData receives and verifies all records of tags sold, and
can also receive and reconcile the payments for the sales if desired by the client. Tag sales
records are entered within 30 days of receipt, and PetData keeps an inventory of tag sequences
at each sales location. PetData will notify either the veterinary clinic, client, or both, regarding
vaccination or tag sales reports that are not submitted on a timely basis.
Confidential - 8
Description of Services
Mailings
Based on the vaccination records received from veterinarians, PetData mails out first billing
notices to pet owners who have vaccinated but have not registered or licensed their pets. If the
pet owner has not responded within 45 days, PetData mails a second notice and, if applicable,
adds the fee for late registration or license.
Prior to the expiration of a registration or license, PetData also sends out a renewal notice to pet
owners who have previously registered or licensed their pet. A second renewal notice is mailed to
those who do not respond to the first notice and, if applicable, adds the fee for late registration or
late license per ordinance. Pet owners who have not responded to the renewal or billing notices
are reported to Animal Services via an enforcement list that can be sorted by zip code, city and
street address.
Supplies
All forms used for animal registration or licensing including notices, applications, brochures, etc.
will be submitted for approval prior to being mailed out. Once approved, PetData will purchase
supplies and distribute them to Animal Services and veterinary clinics as requested. Supply
requests are mailed within 1 business day of request.
PetData will distribute registration or license tags as needed and maintain an annual inventory of
tag sequences distributed to each sales location. The inventory ensures that each location has a
sufficient supply of tags to sell, that all tag numbers can be traced in the event a pet is lost before
the record has been sent to PetData, and that tag numbers cannot be duplicated in the
database.
Customer Service
PetData prides itself upon providing a high level of customer service, and does so in many
different capacities. Our primary method of providing customer service is over the phone. PetData
will provide a unique telephone number for a municipality’s residents, and will establish an auto-
attendant on behalf of each client which provides answers to common registration questions. The
auto-attendant is available 24 hours a day, 7 days a week, and approximately 37% of all callers
utilize this service during our regular work hours even though live operators are available.
PetData has highly trained customer service representatives available to answer calls Monday
through Friday. Queries from animal service officers are responded to within fifteen minutes. Our
highly sophisticated phone system has 32 phone lines, which guarantees that the citizen will not
be greeted with a busy signal, and that their call will be met with the quality that it deserves.
PetData also provides customer service online via our customized web site. The website features
an online tag search and answers to the most common questions of how to register a pet, such
as the registration fees, mailing address and required paperwork. Several feedback forms are
available for citizens to submit changes of address, phone number, and the status of their pet or
to ask us other questions. For veterinarians, we offer the ability to order applications and tags (if
applicable) online as well.
Confidential - 9
Description of Services
Online Licensing via PetLicense
In addition to processing payments through the mail, PetData provides pet owners with the
option to pay for a registration online at its web site: www.petdata.com. Payment is made via
major credit card, and a convenience fee of $1.95 is charged to the citizen per transaction to help
defray PetData’s cost of providing this option. Multiple pets may be licensed per transaction. This
fee is not paid by the municipality and is optional for the pet owner. Pet owners may choose to
mail in their payment and paperwork if they do not want to license online.
Donations
PetData has established an easy way for people to make donations to their local animal shelter
while they are paying for their registration. Donations can be made through the mail via
information on mailings or applications. We also can provide citizens with the option to give a
donation while they are paying for a registration online. PetData will account for the donations and
deposit the money as agreed upon with the client. The process is easy and secure, and PetData
does not charge a fee for this service.
Reports
Within fifteen days of the end of each month, PetData will submit a report of all registrations or
licenses processed during the preceding calendar month. The registration summary report will
include counts of registrations sold, broken down by sales location, and will be in a format to be
mutually agreed upon. Additional reports can also be provided on a monthly basis.
PetData's flexible and expandable software allows for reports based on a wide range of criteria.
Reports may be generated either at a pre-determined interval or as requested by the client. Most
reports can be provided within 5 business days, depending on the data requested.
State and Local Laws
PetData will comply with all state and local laws governing animal rabies vaccinations and pet
registration programs, as may be amended from time to time.
Confidential - 10
Database Capability and Features
Software
PetData has developed its own proprietary database solution developed specifically to manage all
aspects of the licensing process. TAILS 2.0 (The Animal Information & Licensing System) is based
on a powerful client-server database platform, and all animal licensing data is stored in this
application. This proprietary solution has the necessary flexibility for customization to meet the
specific needs of each municipal client, while also providing a standard data architecture for all
licensing data.
TAILS is the third-generation of our management software, and the product of thousands of
hours in development and refinement. Key features include:
Address Correction – Full support for USPS CASS address validation and NCOA update.
Addresses are processed real-time during data entry to ensure accuracy of address
information, and further verified against the USPS NCOA Move Database to maximize
deliverability of mailings.
Entry Validation – TAILS performs multiple levels of consistency checks for entered and imported
data, ensuring enforcement of business rules and improving overall accuracy.
Mailing History – Maintains a complete history of mailings sent to citizens, and provides extensive
reporting on response rates which helps us to adjust mailing timetables to generate the
highest rate of returns.
TAILS 2.0 is further capable of accessing external and remote data sources through industry-
standard ODBC connectivity, as well as data import and export. Supported data formats include,
but are not limited to XML, delimited text, DBF, and SQL dump. This capability facilitates the
development of gateways between TAILS and shelter management packages.
Backup Systems
PetData backs up all databases twice during the working day. Nightly, all databases and key
systems are backed up to high-capacity magnetic drives, which are set up in a 4-week rotation
and stored off-site. Client data is also copied to secure cloud-based storage. This backup
configuration allows for recovery of the complete licensing database even in the event of a major
failure or severe damage to our facilities.
Data Protection
PetData agrees that animal licensing data at all times belongs to the municipality and that at no
point in time does PetData ever own the data. PetData will not use personal data collected on
behalf of the municipality for any purposes other than those described in the included Scope of
Services unless specifically directed by animal services. Furthermore, PetData specifically agrees
that it will never sell, transfer, or release personal data it has collected in fulfilling the terms of this
contract to a third party.
Confidential - 11
Database Capability and Features
Credit Card Information Security/PCI Compliance
As a vendor that accepts payments via credit card, PetData is vigilant when it comes to the
protection of that data. Therefore, it is important to know that PetData does not store any
personal credit card information at any time. Furthermore, PetData is fully in compliance with the
Payment Card Industry Security Program (PCI) as Visa and MasterCard define it. PetData further
agrees that it will remain in compliance with the Payment Card Industry Security Program at all
times.
As part of maintaining PCI Compliance, PetData undertakes a regular review of all security
policies and procedures. Further, all public IP addresses, including websites and office WAN, are
subject to regular vulnerability scanning to identify any potential security threats.
Data Access via PetAccess
PetData has developed PetAccess™ to provide password-protected, online access to license
data. There is no additional charge for PetAccess. This easy-to-use, browser-based application is
secure to ensure that appropriate personnel in a municipality can access the data in a timely
manner. PetAccess allows animal services staff to perform tag searches and look up licensing
information in several ways, including by owner name, phone number, and address. Updates to
the online system are made daily, and the system is available 24/7. In addition, PetAccess logins
may be provided to shelter staff, Emergency Dispatch and/or other authorized departments that
need immediate access to licensing information. PetAccess is an excellent way to provide a wide
variety or personnel with access to licensing data via the Internet without having to access a
shelter software application or to pay additional seat license fees.
Data Access via Data Transfer
While several clients choose to use PetAccess exclusively to access their animal licensing data,
some clients prefer to integrate the licensing data into their shelter software. While PetData has
the capability to exchange data with many existing databases, the municipality must provide
access to its database so that PetData can transfer data. PetData cannot access and transfer
data into a Municipality’s database without explicit Municipality approval and the approval of the
software vendor. Depending on the software used by the Municipality and the particular software
license that has been executed, the Municipality may or may not already have permission to
access its own database and to permit direct data transfers. PetData requires the support and
cooperation of the client’s software vendor in order to reintegrate data into the client’s database.
NOTE: PetData does not charge any fees for PetAccess or for data transfers. However, if you are
interested in data transfers, your shelter software vendor may charge additional fees. Please
consult your software vendor directly for more information.
References are available upon request