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A. The Authority shall be an entity separate and distinct from the member counties and shall file the statement of fact for the roster of public agencies required by Cal. Gov’t. Code § 53051.

B. The Authority shall have all powers necessary and convenient to carry out the powers conferred upon it by Cal. Welf. & Inst. Code §§  12300 et seq., this chapter and the Joint Powers Agreement, including the power to contract for services pursuant to Cal. Welf. & Inst. Code §§ 12302 and 12302.1, subject to any limitations set forth in this chapter.

C. The Authority shall have the power in its own name to do any of the following:

1. To contract for the services of planners, financial consultants, and other experts and, separate and apart therefrom, to employ such other persons as it deems necessary;

2. To sue and be sued in its own name;

3. To incur debts, liabilities or obligations subject to any limitations herein set forth;

4. To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, or of the state of California necessary for the Authority’s full exercise of its powers;

5. To perform all acts necessary and proper to carry out fully the purpose of this chapter and not inconsistent with Cal. Welf. & Inst. Code §§  12300 et seq. or this chapter; and

6. To promote administrative efficiencies and to avoid unintended duplication of resources prior to initiating delivery of IHSS through the Authority, as described in this chapter, the member counties and the Authority shall enter into an agreement specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each party including provisions which ensure compliance with all applicable state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS.

D. Service Provider Employment.

1. The Authority shall be deemed to be the employer of in-home supportive services personnel within the meaning of California Government Code, Title 1, Division 4, Chapter 10 (commencing with Cal. Gov’t Code § 3500). Consumers (the recipients of IHSS services) shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services to them.

2. In order to assure the preservation of the individual provider mode and limit the liability of the Authority, the Authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of in-home supportive services to hire, fire or to supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignments and direction of work, methods and standards of caring and conduct, discipline, provisions for safety and security control of premises, any in-home living or other accommodations, and final resolution of concerns, problems and complaints relating to such supervision. Recipients retain such rights and responsibilities independent of the Authority, just as they held such rights and responsibilities independent of the county prior to the formation of the Authority.

E. Consumer Selection of Providers. Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the Authority. Those personnel shall nevertheless be referred to the Authority for the purposes of wages, benefits, and other terms and conditions of employment.

F. State Payroll Functions. The creation and operation of the Nevada-Sierra IHSS Public Authority shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Cal. Welf. & Inst. Code § 12302.2 for individual providers of in-home supportive services, or affect the state’s responsibility with respect to unemployment insurance or worker’s compensation for providers of in-home supportive services.