BIL 258 Draft 02 2004-2006 - Laserfiche WebLink

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Section 4-51. Control of pound by the animal control contractor. Any animal control contractor chazged with the responsibility of operating a pound under a contract with the County shall have full and complete control over the administration, maintenance and operation of the pound, subject to the powers reserved to the County under any contract. Such contractor, or its employees, officers, directors and agents, shall not be viewed as an agent or employee of the County due to the County's establishment and maintenance of controls to assure that public funds distributed to the contractor are being spent for public purposes. Section 4-52. Transfer of facilities and equipment to animal control contractors; reversion. (a) The County administration is authorized to transfer facilities, equipment, and supplies, which were assigned to pound operations, to the animal control contractor for use in pound functions in accordance with section 6-3.3(k), Hawaii County Charter. The animal control contractor shall not sell, exchange or dispose of the transferred facilities, equipment, and supplies without the written approval of the council. (b) Should any animal control contractor cease to operate or use such facilities, equipment and supplies for its intended purpose for a period of sixty days, such facilities, equipment and supplies transfen•ed by the County for operation of the animal pound shall revert to the ownership and control of the County. (c) Should any animal control contractor terminate its contract for services with the County for any reason, voluntarily or involuntarily, any equipment or supplies purchased by the contractor with contract funds shall revert to the ownership and control of the County. Section 4-53. Indemnification to County. The animal control contractor with whom the County has contracted for services shall undertake to indemnify the County, its officers, agents, employees, and successors, from any and all liabilities, losses or damages the County, its officers, agents, employees, and successors may suffer as a result of claims, demands, costs, or judgments against it arising out of the establishment, maintenance, and operation of the pound, or the seizure, impoundment and disposition of dogs, cats and small domesticated animals, or any activity arising under the contract or this chapter." SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 17