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Title: 2 - Administration and Personnel

Chapter: 38 - In-Home Support Services Public Authority

Section: 120 - Liability

A.  Employees of the Public Authority shall not be employees of the County of Del Norte for any purpose.

B.  The Public Authority shall not be deemed to be the employer of IHSS providers under this ordinance for purposes of liability due to the negligence or intentional torts of the IHSS providers.

C.  Any obligation of the Public Authority, whether statutory, contractual, or otherwise shall be the obligation solely of the Public Authority and shall not be the obligation of the County of Del Norte or the State of California.

D.  The Public Authority shall not be held liable for any act or omission of any provider whom the Public Authority did not list on its registry or otherwise refer to a recipient.

E.  The County shall be immune from any liability resulting from its implementation of this chapter and/or administration of the IHSS program pursuant to Welfare and Institutions Code section 12301.6.

F.  Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements between the Public Authority and third parties other than the County shall contain the following statement: "The Authority is an independent legal entity separate and apart from the County of Del Norte. The Authority has no power to bind the County to any contractual or legal obligations, nor may the obligees of the Authority seek recourse against the County of Del Norte for any financial or legal obligation of the Authority."

G.  The Public Authority shall require any and all third parties contracting with the Authority to indemnify and hold harmless the Public Authority, to provide the Public Authority with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the County\'s Risk Manager, naming the Public Authority as an additional insured.

H.  Without limiting its indemnification of the County as set forth below, the Public Authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the County\'s Risk Manager.

I. The Public Authority shall indemnify, defend, and hold harmless the County and its special districts, elected and appointed officers, employees, and agents from and against any and all liability, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to, personal injury or property damages arising from or connected with any act or omission of any officer or employee of the Authority.


(Ord. 2002-011 § 2 (part), 2002.)