ANIMAL CONTROL AGREEMENT (24)
AGREE.MENT
THIS AGREEMENT, made and entered into this second day of September, A.D.,
2005; 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 CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City";
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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 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 animal pick up hours are from 8:00
a.m. to 7:00 p.m.)
(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 may be receiving inhumane
treatment, or abuse, thereby assisting local law 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 be held 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 of in 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 animals 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 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 aforementined 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 $1950.00 per quarter. 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 immunity
from or limitation of 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, 2005.
IN WITNESS WHEREOF< the parties here to have executed this agreement the
day and year first above written.
Attest:
HUMANE SOCIETY OF PINELLAS, INC.
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As to Agency
CITY OF CLEARWATER, FLORIDA
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City Manager
Approved as to form:
Attest:
Assf: ~n~l~
~2 l.L Ga~
i y Clerk - ~--.
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