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DCYF & County Agreement on General Terms and Conditions with Judge's signatures
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2021-07-06 10:00 AM - Commissioners' Agenda
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DCYF & County Agreement on General Terms and Conditions with Judge's signatures
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Last modified
7/1/2021 1:08:16 PM
Creation date
7/1/2021 1:07:56 PM
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Meeting
Date
7/6/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
q
Item
Request to Approve County Program Agreement - Consolidated Contract and DCYF and County Agreement on General Terms and Conditions
Order
17
Placement
Consent Agenda
Row ID
78209
Type
Contract
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DCYF/County General Terms & Conditions <br />possible. Both parties agree and understand that such cooperation may not be feasible in <br />all circumstances. DCYF and the County agree to notify the attorneys of record in any tort <br />lawsuit where both are parties if either DCYF or the County enters into settlement <br />negotiations. It is understood that the notice shall occur prior to any negotiations, or as <br />soon as possible thereafter, and the notice may be either written or oral. <br />12. Independent Status. For purposes of this Agreement and any Program Agreement, the <br />County acknowledges that the County is not an officer, employee, or agent of DCYF or the <br />state of Washington. The County shall not hold out itself or any of its employees as, nor <br />claim status as, an officer, employee, or agent of DCYF or the state of Washington. The <br />County shall not claim for itself or its employees any rights, privileges, or benefits which <br />would accrue to an employee of the state of Washington. The County shall indemnify and <br />hold harmless DCYF from all obligations to pay or withhold federal or state taxes or <br />contributions on behalf of the County or the County's employees. <br />13. Inspection. Either party may request reasonable access to the other party's records and <br />place of business for the limited purpose of monitoring, auditing, and evaluating the other <br />party's compliance with this Agreement, any Program Agreement, and applicable laws and <br />regulations. During the term of any Program Agreement and for one (1) year following <br />termination or expiration of the Program Agreement, the parties shall, upon receiving <br />reasonable written notice, provide the other party with access to its place of business and to <br />its records which are relevant to its compliance with this Agreement, any Program <br />Agreement, and applicable laws and regulations. This provision shall not be construed to <br />give either party access to the other party's records and place of business for any other <br />purpose. Nothing herein shall be construed to authorize either party to possess or copy <br />records of the other party. <br />14. Insurance. DCYF certifies that it is self-insured under the State's self-insurance liability <br />program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. <br />The County certifies that it is self-insured, is a member of a risk pool, or maintains <br />insurance coverage as required in any Program Agreements. The County shall pay for <br />losses for which it is found liable. <br />15. Maintenance of Records. <br />During the term of this Agreement and for six (6) years following termination or expiration of <br />this Agreement, both parties shall maintain records sufficient to: <br />a. Document performance of all acts required by law, regulation, or this Agreement; <br />b. Demonstrate accounting procedures, practices, and records that sufficiently and <br />properly document the County's invoices to DCYF and all expenditures made by the <br />County to perform as required by this Agreement. <br />16. Operation of General Terms and Conditions. These General Terms and Conditions <br />shall be incorporated by reference into each Program Agreement between the County and <br />DCYF in effect on or after the start date of this Agreement. These General Terms and <br />Conditions govern and apply only to work performed under Program Agreements between <br />the parties. <br />17. Order of Precedence. In the event of an inconsistency in this Agreement and any <br />Department of Children, Youth & Families <br />2081CF County Agreement - General Terms and Conditions (8-1-2019) Page 5 <br />
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