Sec. 2-71. - Findings and purpose.

The Board of Supervisors of the County of Kings finds that the establishment of a public authority with powers derived from and consistent with the provisions of Welfare and Institutions Code sections 12301.6 and 12302.25 is appropriate for the provision of in-home supportive services in the County of Kings.

(Ord. No. 613, § 1, 7-2-02)

Sec. 2-72. - Definitions.

As used in this article, the following terms shall have the respective meanings ascribed to them:

Article 7 is defined as Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code (commencing at Welfare and Institutions Code section 12300).

County means County of Kings.

In-home supportive services are services to aged, blind and disabled persons who cannot safely survive in their own homes without such services. In-home supportive services, as used in this article, are more fully described in Welfare and Institutions Code sections 12300 and 12300.1.

Kings County Human Services Agency means the county agency designated by the State of California to administer the in-home supportive services program for the county by evaluating recipients' eligibility and need for services providing by the program.

Provider means a person who provides in-home supportive services to a recipient.

Public authority means the Kings In-Home Supportive Services Public Authority established by this article.

Recipient means a person eligible and authorized to receive in-home supportive services under Article 7.

Registry means the system developed and maintained to provide IHSS recipients with names of available providers according to their stated preferences.

(Ord. No. 613, § 2, 7-2-02)

Sec. 2-73. - Public authority created.

Pursuant to Welfare and Institutions Code sections 12301.6 and 12302.25, the public authority is hereby established to provide for the delivery of in-home supportive services.

(Ord. No. 613, § 3, 7-2-02)

Sec. 2-74. - Name.

The name of the public authority shall be the Kings In-Home Supportive Services Public Authority.

(Ord. No. 613, § 4, 7-2-02)

Sec. 2-75. - Governing body.

A board of directors shall govern the public authority. The County of Kings Board of Supervisors shall serve as the board of directors.

(Ord. No. 613, § 5, 7-2-02)

Sec. 2-76. - Advisory committee.

The in-home supportive services advisory committee authorized by the board of supervisors on October 3, 2000 pursuant to Resolution No. 00-086 shall be the Advisory Committee required under the provisions of Welfare and Institutions Code section 12301.6, subdivision (b)(3)(B). Further, no fewer than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as Recipients as required by Welfare and Institutions Code section 12301.6, subdivision (b)(3)(B).

(Ord. No. 613, § 6, 7-2-02)

Sec. 2-77. - Character of public authority.

The public authority shall be a corporate public body, exercising public and essential governmental functions, that has all the powers necessary or convenient to carry out the delivery of In-Home Supportive Services in Kings County, including the power to contract for services pursuant to sections 12303 and 12302.1 of the Welfare and Institutions Code, and to make or provide for direct payment to a provider chosen by the recipient for the purchase of services pursuant to sections 12302 and 12302.2 of the Welfare and Institutions Code.

(Ord. No. 613, § 7, 7-2-02)

Sec. 2-78. - Separate entity.

The public authority shall be a public entity separate from the county and shall file the statements required by Government Code section 53051.

(Ord. No. 613, § 8, 7-2-02)

Sec. 2-79. - Powers.

The public authority is hereby authorized in its own name to perform all acts necessary to carry out the delivery of in-home supportive services in Kings County. In addition to the powers stated in Section 7, above, the Public Authority is authorized to carry out acts, including but not limited to the following:

(1)

To make and enter into contracts;

(2)

To employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary;

(3)

To sue and be sued in its own name;

(4)

To acquire, hold or dispose of property;

(5)

To incur debts, liabilities, or obligations;

(6)

To adopt an annual budget setting forth all administrative, operational and capital expenses of the public authority.

(Ord. No. 613, § 9, 7-2-02)

Sec. 2-80. - Public authority functions.

(a)

The public authority shall carry out the following functions:

(1)

The provision of assistance to recipients in finding in-home supportive services personnel through the establishment and maintenance of the registry.

(2)

Investigation of the qualifications and background of potential providers.

(3)

Establishment of a referral system under which in-home supportive services providers shall be referred to recipients.

(4)

Provide for training for providers and recipients.

(5)

Perform other functions related to the delivery of in-home supportive services.

(6)

Ensure that the requirements of the personal care option are met, pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are met.

(b)

The public authority powers do not include those duties performed by Kings County Human Services Agency such as:

(1)

Authorizing services for in-home supportive services recipients.

(2)

Determining an individual recipient's need for in-home supportive services.

(3)

Determining the level and quality of services required and the eligibility of individuals to be serviced.

(4)

Conducting the initial or any subsequent assessment of the need for services.

(5)

Terminating recipients' participation in the in-home supportive services program.

(Ord. No. 613, § 10, 7-2-02)

Sec. 2-81. - County costs of administration of public authority.

The costs and expenses of the county to provide administrative, legal, labor relations and other services to the public authority, and to make payments or provide benefits for in-home supportive services providers, shall be charged against the funds of the public authority, and pursuant to the provisions of Welfare and Institutions Code sections 12301.7 and 12306.

(Ord. No. 613, § 11, 7-2-02)

Sec. 2-82. - Public authority contracting authority.

In order to carry out its functions, the public authority may enter into contracts with the county and other organizations or entities as necessary. Such contracts may include, but are not limited to, contracts for the provision of banking, auditor, payroll, legal counsel, administrative and other necessary services for the operation of the public authority.

(Ord. No. 613, § 12, 7-2-02)

Sec. 2-83. - Public authority employment functions.

(a)

The public authority shall be deemed to be the employer of in-home supportive services providers under Welfare and Institutions Code sections 12301.6 and 12302.25 for the purposes of Government Code section 3500 et seq. and other applicable state or federal laws.

(b)

Notwithstanding subdivision (a) above, the public authority shall have no authority to regulate, control or limit the rights and responsibilities of recipients of in-home supportive services to choose the individuals that provide their care and to hire, fire, train, and supervise their providers.

(Ord. No. 613, § 13, 7-2-02)

Sec. 2-84. - Recipient selection.

Recipients may select in-home supportive services providers who are not on the registry maintained by the public authority. Those providers shall nevertheless be referred to the public authority for the purposes of wages, benefits and other terms and conditions of employment.

(Ord. No. 613, § 14, 7-2-02)

Sec. 2-85. - Labor relations.

The public authority may establish rules and regulations for employer-employee relations through the adoption of an employer-employee relations policy consistent with the Meyers-Milias-Brown Act (commencing at Government Code section 3500).

(Ord. No. 613, § 15, 7-2-02)

Sec. 2-86. - Liability.

(a)

Employees of the public authority shall not be employees of the county for any purpose.

(b)

The County of Kings shall be immune from any liability resulting from its implementation or administration of the in-home supportive services program pursuant to Article 7.

(c)

The public authority shall not be, and shall not be deemed to be, the employer of any providers referred to recipients for purposes of determining liability due to the negligence or intentional torts of the providers.

(d)

The public authority shall not be held liable for any act or omission of any provider whom the public authority did not list on its registry or otherwise refer to a recipient.

(e)

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 or the State of California.

(f)

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 the following statement: "The Kings In-Home Supportive Services Public Authority is an independent legal entity separate and apart from the County of Kings. The public authority has no power to bind the county to any contractual or legal obligations, nor may the individuals or entities that have entered into agreements with the public authority seek recourse against the County of Kings for any financial or legal obligation of the public authority."

(g)

The public authority shall require any and all third parties contracting with the public authority to indemnify and hold harmless the public authority, to provide the public authority with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the public authority's board of directors, naming the public authority as an additional insured.

(Ord. No. 613, § 16, 7-2-02)

Sec. 2-87. - Indemnification.

The public authority shall indemnify, defend and hold harmless the county, its agents, 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 error, act, or omission of any officer or employee of the public authority. The public authority shall enter into an agreement with the county indemnifying the county from any and all liability, consistent with this section, within 30 days of the establishment of the public authority.

(Ord. No. 613, § 17, 7-2-02)

Sec. 2-88. - Insurance.

Without limiting its indemnification of the county as set forth in section 2-86, above, the public authority shall acquire and maintain appropriate insurance naming the county as an additional insured in amounts and coverage types to be determined by the county's risk manager. Evidence of such insurance shall be provided to the county's risk manager within 30 days of procurement.

(Ord. No. 613, § 18, 7-2-02)

Sec. 2-89. - Fiscal provisions

In adopting this article, the board of supervisors recognizes that the funding of in-home supportive services is the product of a complex relationship of federal, state and county financing and the ability of the public authority to operate and to negotiate the wages and benefits of the in-home supportive services providers is contingent upon the availability of adequate funding from all sources. Nothing in this article is intended to require the county to appropriate any funds for the operation of the public authority or for payment of wages or benefits to in-home supportive services providers.

The public authority shall provide the county with the information necessary for the county to bill the California Department of Social Services for the state and federal share of the public authority costs.

The public authority shall assist the county in developing and submitting the information and documentation necessary to obtain approval from the California Department of Social Services and the Department of Health Services for the public authority's reimbursement rate and any rate adjustment.

Payment for all services provided pursuant to this article is contingent upon the availability of county, state and federal funds for the purpose of providing in-home supportive services.

(Ord. No. 613, § 19, 7-2-02)