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ANIMAL CONTROL AGREEMENT (6) '. ~ ", I"' I I AGREEMENT ~ I 1./ 1 t.I ~ THIS AGREEMENT, made and entered into this ~ day of ~~~ , A. D. 1979, by and between the SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF CLEARWATER, INC., a Florida non-profit corporation, whose address is Box 108, Route 2, Clearwater, Florida 33519, hereinafter referred to as "Agency", and the CITY OF 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 hereby 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 or cattle, 24 hours per day, 7 days per week. (b) Accept any animal delivered to the Shelter 24 hours per day, 7 days per week. (c) Pick up any owned, unwanted animal during normal Shelter hours, if owners are unable to deliver to Shelter. (Normal Shelter hours are 10 A. M. to 4 P. M. daily, except Saturday, Sunday and Holidays. ) (d) Pick up any stray animal, except dogs, during normal Shelter hours, if it is confined or restrained. Stray dogs will be picked up only if injured, and no stray horses or cattle will be picked up. (e) Pick up or accept delivery at the Shelter of any animal impounded by police action. (f) Provide the services of a state accredited Humane Officer. He will investigate neighborhood complaints of animals that may be receiving inhumane treatment, or abuse, thereby assisting local police. 2. The Agency will have the right to dispose of all animals received in accordance with the current operating procedures of the Agency, including the following: (a) Stray animals will normally be held for a period of six (6) days. If not claimed in this period of time, they become the property of the Agency. -1- /0-0/2-00 (f) I I (b) Owned, unwanted animals will be disposed of in accordance with the current operating procedures of the Agency. They become the property of the Agency. (c) An Impounding Fee and Boarding Cla rge will be made for all claimed strays and impounded animals, to persons retrieving the impounded animals. 3. 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. 4. The Agency covenants that there will be no 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. 5. The Agency further covenants and agrees to adhere to and follow the affirmative action plan attached hereto and by reference made a part hereof. 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 from the operation of the aforementioned services during the term of this contract, and shall provide adequate liability insurance coverage at its expense. 7. The City agrees that, subject to the availability of funds, payment from the City to the Agency shall be made at the rate of $6.00 per day per animal, payable quarterly, not to exceed $1,250.00 per quarter. In no event shall the total funds made available to the Agency exceed the sum of $5,000.00 during the term of this contract. The Agency shall submit its detailed state- ment monthly for services rendered by it. 8. This Agreement shall be effective for a period of one year beginning on October 1, 1979. -2- tr' I ~ ~ ~ J' . I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ~(!~ Secretary cfi~~ As to Agency As to City SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMAL F CLEAR WATE , INC. 7 By By Attest: c!~L~ Cityelerk /~') .// - 3- .. ;r '.-... . I AFFIRMA TIVE J.CTION PLlN ., 1. THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF CLEARWATER, INC. (SPCA) is fully committcd to the concept and imple- mentation of an Affirma.tive Acti~n Plan. .... Z. It is the policy of the SPCA to prohibit discrimination in employment, em- ployee development 01. adv~ncement because of religious or political opinions or affiliations, national origin, race, color, sex; age, physical handicap or other factor, . except when such factor is a bona !ide occupational qualifica- t.ion, oris required by law. Deliberate e!for~s will be made ~o employ thG economically disadvantaged,_ members of minority groups, women and others who ,are subject to special obstacles in e.mployment. 3. Tbe President of tbe SPCA shall be responsible for assuring compliance with, and implementation of this .Affirmative Action 'Plan. DEFINITIONS . A. Affirmative Action means: .A comprehensive effort by the employer to (1) identify all barriers in the personnal management system which limit the ability of .applicants and em- ployees to reach their [ull employment potential" without regard to race, sex, religion, national origin or other non-merit factors, (2) to eliminate all such barriers in a timely, coordinated manner, and (3) to undert~ke whateve!' special programs are needed to accelerate the process. It is the means through which equal oppol.tunity employment is achieved. .. B. Employment Disadvantaged means: 1. Negro Z. Oriental a. Chinese b. Eski.mo . c. Filipino, Hawaiian d. Korean, Japanese, L"'ldonesian c. Polynesian f. Mq.la yan 3. American Indian 4. Spanish surnamed American a. Mexican 'b. Puerto Rican c. Cuban d. Other La tin American o! Spanish origi.n or' ancesLry 5. Women 6. Persons subject to special obstacles in employment (inc1,:,-ding. Caucasian) a. Handicapped b;". \Veliare recipients Co Employable mentally , retarded 7. Persons over 45 years of age. ,... ,r~ .~