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8.a Otter Lake Impound AgreementANIMAL IMPOUND SERVICES AGREEMENT This agreement, effective on the _ day of , 20_ by and between Hugo Animal Hospital, Inc., a Minnesota corporation, dba Otter Lake Animal Care Center, hereinafter referred to as "OLACC" and the City of Scandia, a Minnesota municipal corporation located in the County of Washington, State of Minnesota, hereinafter referred to as "City". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Services. OLACC shall serve as the impound facility for the City beginning on the date of the signing of this agreement, providing services as follows: a. OLACC shall receive and care for any small domestic animal brought to it during business hours by an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States Agency with jurisdiction. b. If an animal is diseased, vicious, rabid or exposed to rabies and the animal cannot be impounded without serious risk to the persons attempting to impound the animal, it may be immediately humanely euthanized. C. Impounded animals shall be kept in a suitable, humane manner for a period required by the City Ordinance. d. In the event that any animal is unclaimed after the expiration of any applicable redemption of quarantine period, of five (5) business days, whichever is longer, it shall become the property of OLACC and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of OLACC. Fees. a. If an animal is unclaimed, the City shall pay to OLACC the charges as agreed to on "Exhibit A" to this agreement within 30 days of receipt of an itemized invoice thereof. b. Before an animal is released to its owner, OLACC or its agent shall collect the charges specified on "Exhibit A" to this Agreement. Records/Data Practices. OLACC shall maintain a record of all animals impounded, and shall promptly respond to inquiries from the City for information or documentation related to its performance of this agreement. b. OLACC shall comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from an improper disclosure or use of data it receives or maintains in performance of this Agreement. OLACC shall immediately report to the City any requests from third parties for information relating to its performance of this agreement. 4. Indemnity. OLACC shall be liable for and shall defend, indemnify and hold the City, its officers, employees or agents harmless from any and all claims, lawsuits, losses, damages or expenses on account of bodily injuries, sickness, disease, death and property damage, including injury to animals caused by or resulting from its activities under this Agreement. Insurance. OLACC shall purchase and maintain, at its own expense, a general liability insurance policy with limits of at least $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate. OLACC shall provide the City with proof of insurance upon request of the City. OLACC shall carry and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota Law. 6. Discrimination. OLACC agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1980 (ADA), the Human Rights Act (Minnesota Chapter 363A and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws may lead to termination of this contract. 7. Independent Contractor. Nothing contained in this Agreement is intended or should be construed as creating the relationship of employer and employee between OLACC and the City. No tenure or any rights or benefits, including workers compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to OLACC or employees of OLACC performing services under this Agreement. 8. Notices. Any notice or demand which must be given or made by a party hereto under the terms of this agreement shall be in writing and shall be provided to the parties by U.S. Mail at the addresses listed below: To City: City Administrator 14727 2091h Street North Scandia, MN 55073 To OLACC: Otter Lake Animal Care Center 6848 Otter Lake Road Hugo, MN 55038 9. Term. This agreement will continue in effect until March 1, 2021, and will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least sixty (60) days prior to the expiration of the then current term. 10. Cancellation. The agreement may be cancelled with or without cause by either party upon sixty (60) days written notice. 11. Entire Agreement. It is understood and agreed that this is the entire agreement between the parties and that this agreement supersedes all previous written and oral agreements between the parties relating to the subject matter. 12. Severability. Every section, provision or part of this agreement is declared severable from the other section, provision or part thereof to the extent that if any section, provision or part of this agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. City of Scandia Hugo Animal Hospital, Inc. dba Otter Lake Animal Care Center By: By: City Administrator ATTEST: Its: By: Date: City Clerk Date: ANIMAL IMPOUND SERVICES AGREEMENT EXHIBIT A Charges due from City of Scandia, Unclaimed Animal: $19.00 Daily boarding fee, up to 5 days $150.00 Maximum, statutory veterinary services $30.00 Euthanasia $55.00 Cremation $50.00 Disposal of animal not euthanized Charges due from Owner, Claimed Animal: $22.00 Daily boarding fee Actual Cost Veterinary services $100.00 City of Scandia Impound Fee (per City ordinance) $90.00 Impound Fee