SEC. 82.216. FISCAL PROVISIONS.

   1.   The establishment and operation of the Public Authority or application of Government Code section 3500, et seq., shall not result in payments from the County's general fund beyond the County's annual appropriation, as amended from time to time, for the Public Authority, if any, which shall be an absolute limit on County cost.

   2.   The total of all operating costs, wages, and benefits proposed or established by the Public Authority shall be consistent with the provisions of the County budget, as amended from time to time. The Public Authority shall not establish a payment rate, including costs of wages, benefits and operation, until the Public Authority determines that the funds necessary for the payment rate are legally available. The annual appropriation for the Public Authority, if any, contained in the County's fiscal budget, as amended, for any fiscal year shall be an absolute limit on County cost for that fiscal year.

   3.   The Public Authority shall adopt its budget under the same laws, rules and policies that control the County budget process.

   4.   The Public Authority shall not have the authority to agree to or approve any collective bargaining or other agreement that requires an increase in wages or benefits unless there is a state or federal match for such increases. In-Home Supportive Services shall not be reduced in order to fund the Public Authority or implementation of Government Code section 3500, et seq.

   5.   The maximum amount of County funds available in any given budget year for the wage and benefit negotiations, if any, shall be set by the Board of Supervisors as part of the County's annual budget. While the establishment of this figure shall not obligate the County, it shall serve as the absolute limit to County costs for any increases negotiated in collective bargaining taking place that fiscal year. The absolute cap on annual County spending on wage or benefits increases shall not be affected by any potential changes in state or federal reimbursement rates.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.217. NO EMPLOYER LIABILITY.

   The County of San Diego In-Home Supportive Services Public Authority shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under this ordinance for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.218. NO NON-REFERRAL LIABILITY.

   The County of San Diego In-Home Supportive Services Public Authority shall not be held liable for any action or omission of any in-home supportive services personnel whom the Public Authority did not list on a registry or otherwise refer to a recipient.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.219. NO COUNTY OR STATE LIABILITY.

   The County of San Diego and the State of California shall be immune from any liability resulting from the implementation of Welfare and Institutions Code section 12301.6.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.220. PUBLIC AUTHORITY LIABILITY.

   1.   Any obligation of the County of San Diego In-Home Supportive Services 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 San Diego or the State of California.

   2.   The County shall be immune from any liability resulting from its implementation of this chapter and/or administration of the In-Home Supportive Services program pursuant to Welfare and Institutions Code section 12301.5.

   3.   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 express provisions advising the third party that the Public Authority is a separate governmental entity and that such agreement does not bind the County of San Diego.

   4.   The Public Authority shall require any and all third parties contracting with the Public Authority to indemnify and hold harmless the Public Authority, to provide the Public Authority with written acknowledgement 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.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.221. LIABILITY INSURANCE.

   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 to be adequate, and shall name the County and members of the Board of Supervisors as additional insureds on any policies of insurance maintained by the Public Authority. Evidence of such insurance shall be provided to the County's risk manager within thirty (30) days of procurement.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)

SEC. 82.222. INDEMNIFICATION.

   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 Public Authority.

(Added by Ord. No. 9345 (N.S.), effective 7-19-01)