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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. <br />