CMS-07-021/023 - Los Angeles County Department of Children and ...

SAMPLE CONTRACT
20.2 CONTRACTOR and COUNTY agree that, the existence and details of a
dispute notwithstanding, both parties shall continue to perform hereunder,
except for any performance which COUNTY determines should not be
performed as a result of such dispute consistent with Part I, Section 16.0
Hold Status, Do Not Refer Status, Do Not Use Status, Corrective Action
Plan, of this Contract. COUNTY shall continue to pay sums not in dispute,
during any such period of continued performance.
20.3 Nothing in this Section 20.0 herein prevents COUNTY or CONTRACTOR
from seeking provisional remedies, such as injunction or extraordinary
relief such as a writ.
20.4 CONTRACTOR shall retain all rights to appeal the COUNTY action
through the filing of a claim pursuant to Los Angeles County Code, Title 4,
Chapter 4.04, which pertains to all claims against the COUNTY for money
or damages which are excepted by Section 905 of the Government Code
from the provisions of Division 3.6 of the Government Code (Section 810 et
seq.) and which are not governed by any other statutes or regulations
expressly relating hereto.
20.5 As to any dispute arising out of or relating to this Contract, including the
breach, termination or validity thereof, which has not been resolved by the
filing of a claim pursuant to Sub-section 20.4 herein, or the California Tort
Claims Act (Government Code Sections 810-996.6), CONTRACTOR and
COUNTY hereby waive their respective right to trial by jury (and instead
agree to trial by a judge __________ [please initial]) of any cause of
action, claim, counterclaim or cross-complaint in any action, proceeding
and/or hearing brought by either CONTRACTOR against COUNTY or
COUNTY against CONTRACTOR.
20.6 Nothing herein precludes the COUNTY and CONTRACTOR from mutually
agreeing in writing to settle any disputes by binding arbitration or any other
alternative dispute resolution procedure.
20.7 This provision shall not apply to third party claims brought by or on behalf
of an individual, his/her heirs, assigns and/or successors-in-interest, based
upon, or relating to, injuries allegedly sustained by that individual when
he/she was a Placed Child.
21.0 INTERPRETATION OF CONTRACT
21.1 Validity
The invalidity, unenforceability, or illegality of any provision of this Contract
shall not render the other provisions thereof invalid, unenforceable, or
illegal.
DCFS FFA Contract Unique Terms and Conditions 33