Orange County Municipal Code Art. 4 County and Authority Liability

The Authority shall not be deemed to be the employer of IHSS Providers referred to recipients under this division for purposes of liability due to the negligence or intentional torts of the IHSS Providers.

(Ord. No. 02-001, § 1, 2-5-02)

The Authority shall not be held liable for failure to list a provider on a registry or otherwise refer a provider to a recipient.

(Ord. No. 02-001, § 1, 2-5-02)

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

(Ord. No. 02-001, § 1, 2-5-02)

1. Any obligation of the Authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the Authority and shall not be the obligation of the County of Orange or the State of California.

2. The Authority shall not be held liable for any act or omission of any provider.

3. 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.

4. Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Authority and third parties other than the County shall contain an express provision advising the third party that the Authority is a separate governmental entity and that such agreement does not bind the County of Orange.

5. The Authority shall require any and all third parties contracting with the Authority 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, County and Board of Supervisors of the County of Orange as additional insureds.

(Ord. No. 02-001, § 1, 2-5-02)

Without limiting its indemnification of the county as set forth below, the 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 the members of the Board of Supervisors as additional insureds on any policies of insurance maintained by the Authority. Evidence of such insurance shall be provided to the Director of the Social Services Agency or his/her designee within thirty days of procurement.

(Ord. No. 02-001, § 1, 2-5-02)

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 damages, arising from or connected with any act or omission of any officer or employee of the Authority. The Authority shall provide an acknowledgment of such indemnification in writing to the Director of the Social Services Agency or his/her designee.

(Ord. No. 02-001, § 1, 2-5-02)