ANIMAL CONTROL AGREEMENT (12)
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TO:
M. A. Galbraith, Jr., City Attorney
FROM:
Elizabeth S. Haeseker, Assistant City
COPIES: Daniel Deignan, Finance Director
Elizabeth Deptula, Budget Director
Captain R. E. Kennedy, Police Department
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CITY OF CLEARWATER
Interdepartmental Memorandum
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DATE:
SUBJECT: Agreement -- Humane Society of North Pinel las, Inc.
October 13, 1988
Attached are two agreements with the above-referenced corporation. One is for
fiscal year 87/88 and the other for fiscal year 88/89.
For the fiscal year just past (87/88) the City has been making payments to the
Humane Society without an agreement -- we paid upon invoice. I don't know
whether you want to have this agreement executed after-the-fact or not. The
Humane Society has been paid for the full year and I leave the matter of an
executed agreement up to you.
For our new fiscal year (88/89) the second agreement is submitted to you for
execution. Please be certain that two executed copies are returned to Captain
Kennedy in the Police Department so that he may forward one to the Humane
Society and keep the other for his files.
Attachment
RECEIVED
OCT 1 7 19B1S
CITY ATTORNEY
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A G R E E MEN T
THIS AGREEMENT, made and entered into this
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day
of 1- ~ , A. D., 19 'ir7 , by and between the
,
HUMANE SOCIETY OF NORTH PINELLAS, INC., a Florida non-profit
corporation, whose address is 3040 State Road 590, Clearwater,
Florida 34619, hereinafter referred to as "Agency," and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City~n
WIT N E SSE T H:
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 10:00 A.M. to
4:00 P.M. daily, except Saturday, Sunday and
Holidays.)
(d) To the extent allowed by law, 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.
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(e) pick up or accept delivery at the Shelter of any
animal impounded by Police action. Said animal
shall be kept by the Agency for up to 14 days.
After 14 days, the city shall be responsible to
make arrangements for:
(1) The transfer of said animal to some other
facility, or,
(2) The release of said animal, or,
(3) The payment of maintaining said animal at the
regular boarding fee, in addition to said
contract.
(f) Provide the services of a 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.
(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 charges will be
made for all claimed strays and impounded animals,
to persons retrieving the impounded animals.
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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 discrim-
ination 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 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 any negligent operation of the aforementioned
services during thee term of this contract, and shall provide
adequate liability insurance coverage at its expense.
6. The City agrees that payment from the City to the
Agency shall be made payable quarterly, not to exceed $1,625 per
quarter. In no event shall the total funds made available to the
Agency exceed the sum of $6,500 during the term of this contract.
The Agency shall submit its detailed statement monthly for
services rendered'by it.
7. This Agreement shall be effective for a period of one
year beginning on October 1, 1988.
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IN WITNESS WHEREOF, the parties here to have executed this
Agreement the day and year first above written.
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S, etary
HUMANE SOCIETY OF NORTH
PINELLAS, INC. .
By:.~;:a/t~(l
P eSldent
Attest:
Witnesses:
CITY OF CLEARWATER, FLORIDA
By: iZ,.4 .-@
Ci tyManageJ .
As to Agency
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Attest:
As to City
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Approved as to form and
correctness:
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