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