ANIMAL CONTROL AGREEMENT (26)
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AQreement
THIS AGREEMENT, made and entered into this.L1L day of September, A.D., 2007; 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 CITYOF 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 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 24 hours per day, 7 days per week.
(b.) Accept animals delivered to the Shelter during normal Shelter hours, 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 8:00am to 7:00pm)
(d.) Pick up ()rac~ltvery'at the-shetter of 8fly1ITl1mel impounttectbyLawEnforcement 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 determine disposition 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 placed for adoption or humanely euthanized in accordance with
current operating policy 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 aforementioned 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
per quarter. In no event shall the total funds made available to the Agency exceed the sum of $7,800 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 of 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 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 effective for a period of one year beginning October 1, 2007.
IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written.
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Attest: ,
Print Name: ,Svt.s; e..- H-o..r-ri~
Approved as to form:
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Robert . urette
Assistan City Attorney
THE HUMANE SOCIETY OF PINELLAS, INC.
By: ~_~ 9#107
Print Name: ,(J.4LA~ J'l,vOuJ
Title: eX e c..c.<-h VL IJ/ L ed() ~
CITY OF CLEARWATER, FLORIDA
By: ~ ~~--JJ.'
~ B. Home II
City Manager
Attest: