ORANGE, COUNTY OF - PROBATION DEPARTMENT (2)

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Docusign Envelope ID:51506590-D233-4EAC-8B04-E864321BOB93 9.0 DISPUTES 9.1 PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If COUNTY and CITY fail to agree as to whether or not any work is within the scope of the requirements of this AGREEMENT, CITY shall, within fifteen (15) working days, provide COUNTY with a written protest specifying in detail the manner in which the requirements of this AGREEMENT were not fulfilled, and the proposed remedy. 9.1.1 PROBATION agrees to furnish a written decision on the dispute within thirty(30) COUNTY working days after receipt of such protest. 9.1.2 Any final decision of the COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County Purchasing Agent or authorized designee, If the COUNTY fails to render a decision within ninety (90) calendar days after receipt of the CITY's demand, it shall be deemed a final decision adverse to the CITY's contentions. The COUNTY's final decision shall be conclusive and binding regarding the dispute unless the CITY commences action in a court of competent jurisdiction to contest such decision within ninety (90) calendar days following the date of the COUNTY's final decision or one (1) year following the accrual of the cause of action, whichever is later. 10.0 INDEPENDENT CONTRACTOR PROBATION shall be considered an independent contractor and neither PROBATION,its employees, nor anyone working under PROBATION shall be considered an agent or an employee of CITY, Neither PROBATION, its employees nor anyone working under PROBATION shall qualify for workers' compensation or other fringe benefits of any kind through CITY. 11.0 NON-DISCRIMINATION In the performance of this AGREEMENT, CITY agrees that it will comply with the requirements of Section 173 5 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of Section 1720 et seq. of the California Labor Code. 12.0 OTHER SOURCES OF INCOME COUNTY shall not bill CITY for any service, cost or expense for which COUNTY has been reimbursed by revenue, income or grants from any other source, if those revenue, income, or grants are expressly earmarked by the source for services provided under this AGREEMENT, or for similar services for the benefit of CITY'S area. 13.0 RIGHT TO AUDIT Unless otherwise prohibited by law, CITY shall have access to any books, documents, Orange County Probation Department City Page 6 of 12 Overtime Agreement