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Agreement WDCYF
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2020-10-06 10:00 AM - Commissioners' Agenda
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Agreement WDCYF
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Last modified
10/27/2020 11:16:34 AM
Creation date
10/27/2020 11:16:25 AM
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Meeting
Date
10/6/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
c
Item
Request to Approve an Agreement on General Terms and Conditions between the Washington Department of Children Youth and Families and Kittitas County
Order
3
Placement
Consent Agenda
Row ID
67276
Type
Grant
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I <br />DCYF/County General Terms & Conditions <br />it to the other Party for consideration. Once received, the assigned managers or designees <br />of each Party will work to informally and amicably resolve the issue within five (5) business <br />days. lf the managers or designees are unable to come to a mutually acceptable decision <br />within five (5) business days, they may agree to issue an extension to allow for more time. <br />lf the dispute cannot be resolved by the managers or designees, the issue will be referred <br />through each Agency's respective operational protocols, to the Secretary of DCYF <br />("Secretary") and the County Representative or their deputy or designated delegate. Both <br />Parties will be responsible for submitting all relevant documentation, along with a short <br />statement as to how they believe the dispute should be settled, to the Secretary and the <br />County Representative. <br />Upon receipt of the referral and relevant documentation, the Secretary and County <br />Representative will confer to consider the potential options for resolution, and to arrive at a <br />decision within fifteen (15) business days. The Secretary and County Representative may <br />appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. lf the <br />Secretary and County Representative are unable to come to a mutually acceptable <br />decision within fifteen (15) days, they may agree to issue an extension to allow for more <br />time. <br />Both Parties agree that, the existence of a dispute notwithstanding, the Par.ties will <br />continue without delay to carry out all respective responsibilities under the Agreement or <br />applicable Program Agreement(s) that are not affected by the dispute. <br />The final decision will be put in writing and will be signed by both the Secretary and County <br />Representative. lf the Agreement is active at the time of resolution and amendment of the <br />Agreement is warranted for ongoing clarity, the Parties will execute an amendment to <br />incorporate the final decision into the Agreement. lf this dispute process is used, the <br />resolution decision will be final and binding as to the matter reviewed and the dispute shall <br />be settled in accordance with the terms of the decision. Notwithstanding the foregoing, <br />each Party reserves the right to litigate issues de novo in court. <br />Entire Agreement. This Agreement and any Program Agreement, including all <br />documents attached to or incorporated by reference into either, shall contain all the terms <br />and conditions to be agreed upon by the parties. Upon execution of any program <br />Agreement, this Agreement shall be considered incorporated into that Program <br />Agreement by reference. No other understandings or representations, oral or othenryise, <br />regarding the subject matter of this Agreement or any Program Agreement shall be <br />deemed to exist or bind the parties. <br />Governing Law and Venue. The laws of the state of Washington govern this Agreement. <br />ln the event of a lawsuit by the County against DCYF involving this Agreement or a <br />Program Agreement, venue shall be proper only in Thurston County, Washington. ln the <br />event of a lawsuit by DCYF against the County involving this Agreement or a Program <br />Agreement, venue shall be proper only as provided in RCW 36.01.0S0. <br />Responsibility. Each party to this Agreement shall be responsible for the negligence of its <br />officers, employees, and agents in the per-formance of any Program Agreement. No party <br />to this Agreement or any Plogram Agreement shall be responsible for the acts and/or <br />omissions of entities or individuals not party to this Agreement and any Program <br />Agreement. DCYF and the County shall cooperate in the defense of torl lawsuits, when <br />10. <br />11. <br />Department of Children, Youth & Families <br />2081 CF County Agreement - General Terms and Conditions (8-1-201 9)Page 4
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