09.01 - Animal Control Enforcement Services with Hannahs

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11: CITY shall not provide any benefits of any sort typically the responsibility of an employer to an employee,including by way of illustration,by not necessarily limited to,paid vacations,sick days,holidays and overtime,since HANNAHS is an independent contractor. It is understood the CITY shall not pay PERA benefits on behave of HANNAHS. CITY understands that AHNNAHS is the animal control o**icer for other municipalities,and will have other responsibilities elsewhere. This agreement does not prohibit City from acting,without 4NAHS,to control dangerous dogs. 12: HANNAHS shall hold harmless and indemnify CITY from and against any and all expenses,cost damages,and liabilities including 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 the event that HANNAHS' status as an independent contractor is questioned or determined to be otherwise. 13: Each month,CITY shall provide HANNAHS with a current list of all licensed dog owners and a description of the licensed animal,owners name,owners address and owners telephone number. HANNAHS shall attempt to notify the owner of the licensed dog that he has custody of,that he has custody of the dog prior to transporting the dog to approved kennel facility. The dog may be returned to owner when appropriate fees are paid. 14: HANNAHS shall submit monthly reports to CITY as to the animals delivered to approved kennel facility,as well as an itemize list of services provided. 15: CITY shall pay HANNAHS agreed upon amount for services as described in"ANIMAL CONTROL ENFORCEMENT PROPOSAL"a copy of which is attached. 16: CITY shall furnish to HANNAHS identification which identifies him as the CITY'S animal control officer. Such identification shall be returned to CITY upon the termination of this Agreement. 17: HANNAHS shall not,by reason of race,creed,or color,in hiring,discriminate against a person or persons who are citizens of the United States or who are resident aliens and who are qualified and available to perform the work to which the employment relates,or in any manner discriminate against or intimidate or prevent the employment of such persons,or on being hired,prevent or conspire such person or persons from the performance of work as described herein on account of race,creed,or color. 18: HANNAHS shall comply with all laws,ordinances,rules and regulations of the State of Minnesota,the United States of ica,CITY and all other duly constructed public agencies. 19: Any controversy or claim arising out of or in relation to this Agreement or the breach thereof shall be settled by arbitration,by and between the CITY and HANNAHS. The parties shall mutually agree and select an individual to serve as an arbitrator of any dispute. 20: The term of this Agreement shall be ongoing from the first day of the month following date of execution;except that each party hereto has the right to terminate this agreement upon sixty(60)days written notice to the other party. Written notice shall be considered effective if sent certified mail to the following addresses: City of Pequot Lakes Donald C Hannahs JR C/O City Clerk Animal Control Officer 4638 County Rd 11 119 3'd Avenue NE Pequot Lakes,MN 56472 Brainerd,MN 56401 IN WITNESS THEREOF,the parties have executed this Agreement on this day of 12005. CITY OF PEQUOT LAKES INDEPENDENT CONTRACTOR BY: BY: Cathy Malecha,Mayor Donald C Hannahs JR BY: Sandra Peine,City Clerk