ANIMAL CONTROL AGREEMENT (27)1o.
Agreement
THIS AGREEMENT, made and entered into this 1St day of October, 2008; by and between the HUMANE
SOCIETY OF PINELLAS, INC., a Florida, non-profit corporation, whose address is 3040 State Road 590, Clearwater, FL
33759, hereinafter referred to as "Agency"and the CITYOF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City;
WITNESSETH
The parties hereto, for and in consideration of the mutual covenants herein made and other good and valuable
consideration, receipt of which is hereby acknowledged, do herby covenant, and agree as follows:
1. The Agency agrees to provide the following services to the City:
(a.) Pick up any injured animal, except horses and cattle 7 days per week from 8:00 a.m. to 4:00 p.m.
(b.) Accept any owned surrendered animal delivered to the Shelter 7 days per week from 8:00 a.m. to 5:00 p.m.
(c.) Pick up any owned, unwanted animal during normal Shelter hours, if owners are unable to deliver to Shelter.
(Normal animal pick up hours are from 8:00am to 4:00pm)
(d.) Provide the services of an accredited Humane Officer. The Humane Officer will investigate neighborhood
complaints of animals that may be receiving inhumane treatment, or abuse, thereby assisting local law
enforcement.
2. The Agency will have ownership of all animals received in accordance with the current operating procedures of
the Agency, including the following:
(a.) Owned, unwanted animals will normally be placed for adoption in accordance with current operating procedures
of the Agency. They become the property of the Agency.
3. The Agency will be a designated animal shelter for temporary housing of animals in a
disaster situation.
4. The Agency shall maintain financial records and submit operating statements to the City as requested, which
records shall be subject at all times to inspection, review or audit by personnel duly authorized by the City.
5. The Agency covenants that there will be not discrimination against any employee or recipient on account of race,
color, sex, religious sect, national origin or ancestry in the performance of this contract and that it will comply with
Title VI of the Civil Rights Act of 1964 in regard to persons served and with Title VII of said Civil Rights Act of
1964 in regard to employees or applicants for employment.
6. The Agency shall act as an independent contractor in operating the aforementioned services and shall be liable
for, and shall indemnify, defend and hold the city harmless from all claims, suits, judgments or damages, costs
and attorney's fees arising in any way from any negligent operation of the aforementioned services during the
term of this contract, and shall provide $1,000,000 liability insurance coverage at its expense.
7. The City agrees that payment from the city to the Agency shall be made payable quarterly in the amount of $1950
per quarter. In no event shall the total funds made available to the Agency exceed the sum of $7,800 during the
term of this contract. The Agency shall submit its detailed statement monthly for services rendered. Nothing
contained herein shall be construed as a waiver of any immunity from or limitation of liability of the City may be
entitled to under the doctrine of sovereign immunity of Section 768.28. Florida Statutes. This indemnification
includes claims made by the employees of the Agency against the City and the Agency hereby waives its
entitlement if nay, to immunity under Section 440.11. Florida Statutes. The obligations contained in the paragraph
shall survive termination of this Agreement and shall not be limited by the amount of any insurance required under
the Agreement.
8. This agreement shall be effective for a period ending September 30. 2009.
THE HUMANE SOCIETY OF PINELLAS, INC.
Aft st:
By:
Prin rName: ,vo
w Print Name: ?Uax ,¢/t? J! 0G?
Title: L Y-e c u-1-1 ue- a4 PC. .o/-
CITY OF CLEARWATER, FLORIDA
By: ?G
William B. Horne II
City Manager
Approved as to form: Attest:
CI?*fr V.?V' r? ? ?_
Robert USurefte 'Cy t is E. Goudeau
Assista City Attorney City erk
????ofry??,.A