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The costs and expenses of the County to provide administrative, legal, labor relations, and other services requested by the Public Authority and agreed to by the County, and to make payments to or provide benefits for in-home supportive services providers, shall be charged against the funds of the Public Authority. (§ 1, Ord. 1270, eff. September 27, 2001)
Prior to initiating delivery of IHSS through the Public Authority, the Public Authority shall enter into an agreement with the County specifying the roles and responsibilities of each party, provide for the County’s provision of such administrative, legal, labor relations, and other services to the Public Authority as the parties may deem necessary or appropriate, and including provisions which ensure compliance with all applicable Federal, State and local laws and regulations, including but not limited to all statutory and regulatory provisions applicable to the delivery of IHSS, and Federal and State labor laws. (§ 1, Ord. 1270, eff. September 27, 2001)
(a) IHSS services shall not be reduced in order to fund the Public Authority or implementation of Government Code Sections 3500 et seq.
(b) To ensure that the Public Authority’s budget procedures and adoption are compatible with the County’s budget, the Public Authority Board shall adopt its budget under the same procedural laws, rules and policies that control the County budget process.
(c) The Public Authority Board shall not 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.
(d) The establishment and operation of the Public Authority or the application of Government Code Sections 3500 et seq., shall not result in payments from the County’s general fund beyond the County’s annual appropriation for the Public Authority, if any, which shall be an absolute limit on County cost.
(e) The maximum amount of County funds available in any given budget year for the Public Authority’s wage and benefit negotiations, if any, shall be set by the Board of Supervisors as part of the County’s annual budget as it may be amended from time to time. 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.
(f) The total of all operating costs, wages, and benefits proposed or established by the Public Authority Board shall be consistent with the provisions of the County budget. The Public Authority Board shall not establish a payment rate, including costs of wages, benefits and operation, until the Public Authority Board 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 for any fiscal year shall be an absolute limit on County cost for that fiscal year. (§ 1, Ord. 1270, eff. September 27, 2001)
(a) The Public Authority shall not be deemed to be the employer of in-home supportive services personnel referred to recipients for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.
(b) The 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. (§ 1, Ord. 1270, eff. September 27, 2001)
(a) The County shall be immune from any liability resulting from the implementation of this Article or Welfare and Institutions Code Section 12301.6.
(b) The County shall be immune from any liability resulting from the administration of the IHSS program pursuant to this Article or Welfare and Institutions Code Section 12301.6.
(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. 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 such agreement does not bind the County. (§ 1, Ord. 1270, eff. September 27, 2001)
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