(a) The IHSS PA shall be an entity separate from the County and shall file the Statement of Fact for the Roster of Public Agencies required by Government Code § 53051.
(b) The IHSS PA shall be a corporate public body, exercising public and essential governmental functions with all powers necessary and convenient to carry out the delivery of IHSS, including the power to contract for services pursuant to Welfare and Institutions Code §§ 12302 and 12302.1, subject to any limitations set forth in this Chapter.
(c) Pursuant to Welfare and Institutions Code § 12301.6(f)(3), the County shall be immune from any liability resulting from its implementation of said Section in the administration of the IHSS Program. Any obligation or legal liability of the IHSS PA, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the IHSS PA and shall not be the obligation or liability of the County. All contracts between the IHSS PA and third parties shall contain an express provision advising the contractor(s) that the IHSS PA is a separate governmental entity and that such agreement does not bind the County.
(d) All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the IHSS PA and any party, except those with the County, shall contain the following statement: “The IHSS PA is an independent legal entity, separate and apart from the County. The IHSS PA has no power to bind the County to any contractual or legal obligations, nor may the obligees of the IHSS PA seek recourse against the County for any financial or legal obligations of the IHSS PA.”
(e) Employees of the IHSS PA shall not be employees of the County for any purpose.
(f) The IHSS PA shall be deemed to be the employer of IHSS providers referred to consumers from the registry pursuant to Welfare and Institutions Code §§ 12301.6(c)(1) and (h) and 12302.25 for the limited purpose of collective bargaining within the meaning of Government Code §§ 3500 et seq., commonly known as the Meyers-Milias-Brown Act. The IHSS PA shall not be deemed to be the employer of IHSS providers under this Chapter for purposes of liability, including but not limited to, the negligence or intentional torts of the IHSS providers.
(g) Nothing in these enumerated powers shall be construed to limit or interfere with the consumers’ right to retain, select, terminate, and direct the work of any IHSS provider providing services to them, pursuant to Welfare and Institutions Code § 12302.25(a).
(h) Nothing in these enumerated powers shall be construed to alter, require the alteration of, or interfere with the state’s payroll system and other provisions of Welfare and Institutions Code § 12302.2 for IHSS providers, or to affect the state’s responsibilities with respect to unemployment insurance, or workers’ compensation for IHSS providers.
(i) The IHSS PA shall maintain general liability insurance in an amount determined to be adequate by the Board of Directors, and shall name the County as an additional insured.
(j) The Board of Directors as the governing body of the IHSS PA may hire staff, and adopt rules and regulations, not inconsistent with the provisions of this Chapter, in order to implement and interpret this Chapter.
(Ord. 3842, passed - -2002)