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will be evaluated by Companion Animal Control on an annual basis for cost-of-living adjustments up to 10%, any adjustments will be communicated in writing to Municipality. No amendment or modification of this agreement shall be effective unless made in writing and signed by both parties. All provisions of this contract relating to insurance, indemnity and compliance with the State Data Practices act shall survive termination to the full extent needed for the protection of the Municipality, Companion Animal Control and Companion Animal Care. b)If requested by either party at any time a contractual review shall be completed for the purpose of determining the effectiveness of the program, review costs and to implement improvement measures. Miscellaneous. a)Data Practices Act Compliance. Companion Animal Care and Companion Animal Control acknowledge that all data provided, produced, or obtained under this Agreement shall be protected, maintained, and administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the “Act”), and that with regard to such data Companion Animal Care and Companion Animal Control must comply with the Act as if it were a government entity. b) Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, Companion Animal Care’s and Companion Animal Control’s books, records, documents, and accounting procedures and practices relevant to this Agreement, including books and records of any approved subcontractors, are subject to examination by the City and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the termination of this Agreement. Auditor access shall not waive any privilege or disclose business practices or performance, and information produced shall be treated as required by Minn. Stat. Ch. 13. The preparation, assembly, and delivery of records in response to an audit request shall be completed by Companion Animal Care & Control at its standard hourly rate identified in this Agreement. To the extent permitted by law, the entity requesting the examination shall be responsible for payment of such costs unless otherwise required by law. Service Selection The Municipality hereby selects the following level of contract services with Companion Animal Care & Control (CACC). Please check one option: Impound Boarding Only This agreement is made pursuant to the authority granted to municipalities under Minn. Stat. § 412.221, subd. 21 (municipal power to regulate animals and establish pounds), Minn. Stat. § 35.71 (authority to establish and regulate animal pounds) Reserve Animal Control + Impound Boarding This agreement is made pursuant to the authority granted to municipalities under Minn. Stat. § 412.221, subd. 21 (municipal power to regulate animals and establish pounds), Minn. Stat. § 35.71 (authority to establish and regulate animal pounds). By this agreement, the Municipality also designates Companion Animal Care & Control (CACC) as its Animal Control Authority for the purposes of Minn. Stat. §§ 347.50–347.565 and other applicable Minnesota Statutes, with all powers and duties therein. Full-Service Animal Control + Impound Boarding This agreement is made pursuant to the authority granted to municipalities under Minn. Stat. § 412.221, subd. 21 (municipal power to regulate animals and establish pounds), Minn. Stat. § 35.71 (authority to establish and regulate animal pounds). By this agreement, the Municipality also designates Companion Animal Care & Control (CACC) as its Animal Control Authority for the purposes of Minn. Stat. §§ 347.50–347.565 and other applicable Minnesota Statutes, with all powers and duties therein. Qbhf!351!pg!354