4H, Motion to Approve 2009 Animal Control Service Contract

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9. In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicabl~ redemption or quarantine period, or six (6) days, whichever is longer, they shall becom~ the property of ACS 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 ACS, including any proceeds received from any animals disposed of in accordance<with Minnesota Statutes 35.71. 10. The City shall furnish to ACS any required forms or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents 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 its employees. ACS shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $500,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C. insurance in the amount of $250,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS 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 any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disabjlity, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate 'this contract after thirty (30) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit A herein. 17. ACSsha11 be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $2.50 per gallon or higher. 2