ANIMAL CONTROL AGREEMENT (23)
AGREEMENT
THIS AGREEMENT, made and entered into this nineteenth day of August, A.D., 2003; by and between the
HUMANE SOCIETY OF NORTH PINELLAS, INC., a Florida, non-profit corporation, whose address is 3040 State
Road 590, Clearwater, FL 33759, 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 herby cov.enant, 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 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 ShelteL
(Normal animal pick up hours are from 8:00 a.rn. to 7:00 p.rn.)
(d.) Pick up or accept delivery at the Shelter of any animal impounded by Law Enforcement action.
(e.) Provide the services of an accredited Humane Officer. The Humane Officer will investigate neighborhood
complaints of animals that ~ be receiving inhumane treatment, or abuse, thereby assisting local Jaw enforcement
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 beheld fOr a period of 5 days. If not claimed in this period of time, they become the
property of the Agency.
(b.) Owned, unwanted animals will normally be disposed ofin accordance with 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 anima h: to persons
retrieving the impounded animals.
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 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 Tide
VI of the Civil Rights Act of 1%4 in regard to persons. served and with Tide 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 aforementined service~ 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
$1950.00 per quarteL In no event shall the total funds made available to the Agency exceed the sum of $7800.00 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 immlJuity from'or limitationof,liability 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 any, to immunity under
Section 440. 11. Florida Statutes. The obligations contained in this paragraph shall survive termination of this Agreement
and shall not be limited by the amount of any insurance required under this Agreement.
8. This agreement shall be effective for a period of one year beginning October 1, 2003.
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IN 'WITNESS WHEREOF< the parties here to have executed this agreement the day and year first above written.
Attest:
HUMANE SOCIETY OF NORTH PINELLAS, INC.
~,~4<{,
boudy, Execunve Drrec r
P~'~~if;?~/tc~~7J
Administranve Manager
As to Agenc~
CITY OF ~FLORIDA
By: ~ n~ _.,.~./J....-.-:zr
am . omen
City Manager
Approved as to form:
Attest:
~
~~. lJ-.G.
C. ' . .Goudeau '
City rk
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