(A) No county liability. The County of San Benito shall be immune from any liability resulting from the administration of the IHSS program pursuant to this article or Cal. Welfare and Institutions Code § 12301.6 and from the implementation of this article or Cal. Welfare and Institutions Code § 12301.6.
(B) Public Authority liability. Any obligation of the Public Authority, whether statutory, contractual or otherwise, shall be the sole obligation of the authority and shall not be the obligation of the county. 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 an express provision advising the third party that the Public Authority is a separate governmental entity and that the agreement does not bind the county. The third party must be further advised that obliges of the authority may not seek recourse against the County of San Benito for any financial or legal obligation of the Authority.
(C) No employer liability for torts of referred personnel. The Public Authority shall not be deemed to be an employer for the purposes of liability due to the negligence or intentional acts of any IHSS provider referred to recipients pursuant to this article.
(D) No liability for acts or omissions of non-referred providers. The Public Authority shall not be held liable for any action or omission of any provider whom the Public Authority did not list on a registry or otherwise refer to a recipient.
(E) Public Authority insurance. Without limiting its indemnification of the county, the Authority shall maintain insurance in amounts and coverage determined to be adequate by the county’s Risk Manager and shall name the county, its elected and appointed officers, employees and agents 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 30 days of the execution of the agreement between the Authority and the county and shall be regularly provided thereafter.
(F) Indemnification by Public Authority. The 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 damage arising from, or connected with, any action or omission of any officer on employee of the Authority.
(G) Indemnification and insurance required of contractors. The Authority shall require all third parties with whom it contracts, other than the County of San Benito to indemnify and hold harmless the Authority, to provide the authority with written acknowledgment of such indemnification and to maintain adequate levels of insurance, as determined by the county’s Risk Manager, naming the Authority as an additional insured.
(1966 Code, § 5F-18) (Ord. 759, § 2)