§ 2-365. Liability of authority.

(a)

Any obligation or legal liability of the authority, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the authority and shall not be the obligation or liability of the county of Sonoma.

(b)

All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the authority and any party, except those with the county, shall contain the following statement: "The authority is an independent legal entity, separate and apart from the county of Sonoma. The authority has no power to bind the county to any contractual or legal obligations. Nor may the obligees of the authority seek recourse against the county of Sonoma for any financial or legal obligation of the authority."

(c)

The authority shall not be deemed to be the employer of IHSS providers for purposes of liability because of the negligence or intentional torts of the IHSS providers. Employees of the authority shall not be employees of the county for any purpose.

(d)

The county shall be immune from any liability resulting from its implementation of Welfare and Institutions Code Sections 12301.6 et seq. in the administration of the In-Home Supportive Services program. 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.

(e)

The authority shall maintain all insurance coverage necessary in an amount to be determined adequate by the directors. If the authority purchases its own insurance, the limits of liability shall be in an amount acceptable to the directors and shall name the county as an additional insured.

(f)

The authority shall indemnify, defend and hold harmless the county, its elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, resulting from 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, employee or agent of the authority.

(g)

The authority shall require all third parties with whom it contracts, other than the county of Sonoma, to indemnify the authority, to provide the authority with written acknowledgment of such indemnification and to maintain adequate levels of insurance naming the authority as an additional insured.

(Ord. No. 5289 § 1 (part), 2001.)