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ANIMAL CONTROL AGREEMENT (30)AGREEMENT THIS AGREEMENT made and entered into this � day of October, 2Q11 by and between the HUMANE SOCIETY OF PINELLAS INC., a Florida non-prafit corporation whose address is 3Q4Q State Road 590, Clearwater Florida 33759, hereinafter ref�rred ta 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 valuable consideration, receipt af which is hereby acknowledged, da hereby covenant and agree as follows: ._ . ._ . _ . _ 1. The Agency agrees to provide the following services to the City: (a) Pick up any injured, stray animal, except horses and cattle, 7 days per week from 8:00 a.m. to 4:00 p.m. (b) Accept any owned, surrendered animas with an appointment and determined to be adaptable by HSP personnel delivered to the Shelter 5 days per week from 8:00 a.m. to 4:00 p.m. (c) Pick up owned adoptable animals for surrender or awned animals in ne�d of humane euthanasia fior a nominal fee if owners are unable ta deliver to Shelter. (Normal animal pick up hours are from 8:QOam to 4:OOpm.) (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 af all animals received in accordance with the current operating procedures of the Agency, including the following: (a) Owned, unwanted animals will normally be placed far adoption in � accordance with current operating procedures af the Agency. They become __ e prop�, y� e ger�cy: - _ 3. The Agency will be a designated animal shelter far temporary housing af 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 t� inspection, review or audit by personnel duly authorized by the City. 5. The Agency covenants that #here will b� no discrimination against any employee or recipient on accaunt of race, color, sex, religious sect, national arigin or ancestry in the performance of this Agreement, and that it will camply with Title VI of the Civil Rights Act of 1964 in regard ta persons served, and with Title VII of said Civil Rights Act of 1964 in regard to emplayees ar applicants for employment. 6. The Agency shall act as an independent cantractor 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 attorneys' fees arising in any way fram any negligent operation of the aforementioned services during the term of this Agreement, and shall pravide $1,000,000.00 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. 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 af sovereign immunity of Section 7fi8.28, Florida Statutes. Th� indemnificatian includes claims made by the employees af the Agency against the City, and the Agency h�reby waives its entitlement, if any, ta immunity under Section 440.11, Florida Statutes. The obligations contained in the paragraph shall survive termination of this Agreement and shall not be limited by the amount of any insurance required under the Agreement. 8. This Agreement shall be �ffective of a period ending September 30, 2012. THE HUMANE SOCIETY OF PINELLAS, INC. Attest: . � By: Pri Name: �o� ��vh 12 � Print N Approved as to form: Robert J. rette Assistant ty Attorney Title: ��(� � U� / G- CITY OF CLEARWATER, FLORIDA By: �a�� � '(�.,.�.�. �L William B. Horne II City Manager Attest: J��� �.. C��. Rosemarie Call City Clerk ��� � �� ,� _, � . , , ��. � �� ryF�, /�� � ���; _��°�