INDEPENDENT CONTRACTOR PERSONAL SERVICE AGREEMENT
<br />THIS AGREEMENT, made and entered into by and between the City of Pequot Lakes and City of Jenkins, municipal corporations, hereinafter
<br />ref —red to as the "CITY" and Donald C Hannahs JR, hereinafter referred to as " HANNAHS" or "INDEPENDENT CONTRACTOR".
<br />WHEREAS, HANNAHS represents to CITY that he is experienced as an animal control officer and is presently so employed, on an independent
<br />contractor basis, by several municipalities for that purpose;
<br />WHEREAS, HANNAHS wishes to enter into a contract with CITY, as an independent contractor, to provide his service, labor and expertise as the
<br />CITY'S Animal Control Officer;
<br />WHEREAS, HANNAHS is authorized to and capable of working elsewhere, and is free to carry on any other activity he sees fit, within his own
<br />discretion, provided that he performs the tasks undertaken for CITY; and,
<br />WHEREAS, CITY and HANNAHS believe it to be in their respective best interests to enter into this Agreement according to the terms and
<br />conditions hereinafter set forth:
<br />NOW THEREFORE, in consideration of the mutual promises herein, the sufficiency of which are hereby acknowledged, it is agreed between the
<br />parties hereto as follows;
<br />1: HANNAHS shall apprehend and deliver to the kennel facility approved and chosen by CITY, all dogs he is request to apprehend and
<br />deliver on call from the CITY, or designate. HANNAHS shall not respond directly to any complaints or reports of dogs except through the CITY, or
<br />designate.
<br />2: HANNAHS shall promptly respond to CITY's request to apprehend and deliver to approved kennel facility such dogs, and shall make a
<br />reasonable diligent effort to locate and apprehend such dogs. He shall advise the CITY as to any other dogs he observes to be potentially dangerous, or which
<br />are dangerous, as defined by law.
<br />3: HANNAHS shall provide a satisfactory motor vehicle to transport said animals. Said motor vehicle shall have motor liability insurance
<br />coverage for bodily in an a amount not less than $100,000.00 per person. Proof of such insurance shall be famished to the city clerk of CITY.
<br />4: HANNAHS shall cooperate with law enforcement in the identification of dangerous dogs and provide CITY with,ali information required
<br />by law for the purpose of notifying owners of dangerous dogs. HANNAHS shall attend and testify at any court hearings concerning and dog claimed by CITY
<br />tc ingerous.
<br />5: HANNAHS shall maintain liability insurance for his services in the aggregate amount of $250,000.00 and shall include CITY as a named
<br />additional insured for the tern of this agreement and any extensions thereof. Proof of such insurance shall be famished to the city clerk of CITY.
<br />6: HANNAHS shall furnish and wear a law enforcement type shirt, acceptable to the CITY during the performance of his service as described
<br />herein.
<br />7: HANNAHS shall provide the CITY with notification of pickup and identifying markings of animals delivered to approved kennel facility
<br />within 24 hours of such pickup.
<br />8: HANNAHS is an independent contractor and is not an employee of CITY.
<br />9: CITY shall not be responsible for and shall not carry worker's compensation insurance, or unemployment compensation insurance, nor
<br />shall it incur other typical employee expenditures, for the benefit of HANNAHS. It is understood that HANNAHS has no employees at this time and in the
<br />event he obtains employees, HANNAHS shall promptly notify CITY to that effect, but HANNAHS shall not utilize his employees in performance of the duties
<br />described herein until proof of worker's compensation insurance coverage required by MINN. St., section 176.182 is provided to CITY, and shall thereafter
<br />maintain such coverage in full force and effect during the term of this agreement.
<br />10: CITY shall not withhold monies for payment of federal or state income taxes, or social security benefits, or other related benefits, for
<br />HANNAHS, since HANNAHS is not an employee of CITY and since HANNAHS shall be responsible for his own filing and quarterly estimates, if any.
<br />11: CITY shall not provide any benefits of any sort typically the responsibility of an employer to an employee, including by way of illustration,
<br />by not necessarily limited to, paid vacations, sick days, holidays and overtime, since HANNAHS is an independent contractor. It is understood the CITY shall
<br />not pay PERA benefits on behave of HANNAHS. CITY understands that AHNNAHS is the animal control officer for other municipalities, and will have other
<br />responsibilities elsewhere. This agreement does not prohibit City from acting, without HANNAHS, to control dangerous dogs.
<br />12: HANNAHS shall hold harmless and indemnify CITY from and against any and all expenses, cost damages, and liabilities including
<br />attorney's fees and costs, incurred or sustained by CITY, as a result of HANNAHS' alleged or real acts or omissions in performance of this Agreement„ or in
<br />tt t -nt that HANNAHS' status as an independent contractor is questioned or determined to be otherwise.
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