1. Any obligation of the Nevada-Sierra IHSS Public Authority, whether statutory, contractual, or otherwise, shall be the sole obligation of the Authority and shall not be the obligation of Sierra County.

2. The Authority shall not be deemed to be an employer for the purposes of liability due to the negligence or intentional torts of any provider.

3. The Authority shall not be held liable for any action or omission of any provider whom the Authority did not list on a registry or otherwise refer to a consumer.

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 member counties, shall contain an express provision advising the third party that the Authority is an independent legal entity, separate and apart from the counties of Nevada and Sierra and that the Authority has no power to bind the counties to any contractual or legal obligations. The third party must be further advised that obligees of the Authority may not seek recourse against the member counties for any financial or legal obligation of the Authority.

5. The member counties shall be immune from any liability resulting from its implementation of Cal. Welf. & Inst. Code §§  12300 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 member counties.

6. Without limiting its indemnification of the member counties, the Authority shall maintain insurance in an amount determined to be adequate by the County’s Risk Manager and shall name the member counties as additional insureds. Evidence of such insurance shall be provided to each County’s Risk Manager within 30 days of the execution of the agreement between the Authority and the County and shall be regularly provided thereafter.

7. The Authority shall indemnify, defend, and hold harmless the member counties and their elected and appointed officers, employees and agents from any and against any and all liability, including acts of active negligence, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damage arising from, or connected with, any action or omission of any officer or employee of the Authority. The Authority shall provide an acknowledgment of such indemnification in writing to the member counties.

8. The Authority shall require all third parties with whom it contracts, other than the member counties, 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.