ANIMAL CONTROL AGREEMENT (29)AGREEMENT
THIS AGREEMENT made and entered inta this ���� day of Octaber, 2010 by and
betw�en thE HUMANE SOCIETY OF PINELLAS INC., a Florida non-profit corporation
whose address is 3040 State Road 590, Clearwater Florida 33759, hereinafter referred to
as "Agency" and the CITYOF CLEARWATER, a municipal corporation duly incorporated
in the State of Florida, hereinafter referred to as "City."
WITNESSETH
The parties hereto, for and in consideration of the mutual covenants herein made and
other good and valuabl� consideration, receipt of which is hereby acknawledged, da
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 and cattle, 7 days per week fram
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, unwant�d animal during normal shelter hours if owners
are unable to deliver to Shelter (Narmal animal pick-up hours are from $:00
a.m. to 4:00 p.m.).
(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 follawing:
(a) Owned, unwanted animals will normally be placed far adaption 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 temparary hausing 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 emplayee or
recipient on account af race, color, sex, religious sect, national origin or ancestry in the
perfarmance of this Agreement, and that it will comply with Title VI of the Civil Righfis Act of
1964 in regard ta persons served, and with Title VII of said Civil Rights Act of 1964 in
regard to employees or applicants far employm�nt.
�. 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 attarneys' fees arising in any way
from any negligent operatian of th� aforementioned services during the term of this
Agreement, and shall provide $1,OOO,p00.00 in 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 $1,950.00 per quarter. In no event shall the total funds made
available to the Agency exceed the sum of $7,800.00 during the term of this Agreement.
The Agency shall submit its detailed statement monthly for services rendered. Nathing
contained herein shall be construed as a waiver af any immunity from, or limitation of
liability the City may be entitled to under the doctrine of savereign immunity of Sectian
768.28, Florida Statutes. The indemnification includes claims made by the employees of
the Agency against the City, and th� Agency hereby waives its �ntitlement, if any, to
immunity under Section 440.11, Florida Statutes. The obligatians contained in the
paragraph shall survive termination of this Agreement and shall not be limited by the
amaunt of any insurance required under the Agreement.
8. This Agreement shall be effective of a period ending September 30, 2011.
THE HUMANE SOCIETY OF PINELLAS, INC.
Att�st:
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Print Name: ,`�„�.s. e Cr�r-�S Print Name: �� �� �;,���.���y�
Title: i r � �; , �.��;. A � �
Approved as to form:
VC� ��
Robert J urette
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
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B�/:
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
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