DCYF Contract and Terms-Conditions Agreement

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DCYF/County General Terms & Conditions it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. lf the managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. lf the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the secretary of DCyF ("Secretary") and the County Representative or their deputy or designated delegate. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and the County Representative. Upon receipt of the referral and relevant documentation, the Secretary and County Representative will confer to consider the potential options for resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and County Representative may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute, lf the Secretary and County Representative are unable to come to a mutually acceptable decision within fifteen (15) days, they may agree to issue an extension to allow for more time. 9. 10 1',|. Both Padies agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under the Agreement or applicable Program Agreement(s) that are not affected by the dispute. The final decision will be put in writing and will be signed by both the Secretary and County Representative. lf the Agreement is active at the time of resolution and amendment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment toincorporate the final decision into the Agreement. lf this dispute process is used, the resolution decision will be final and binding as to the matter reviewed and the dispute shallbe settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reserves the right to litigate issues de novo in court. Entire Agreement. This Agreement and any program Agreement, including all documents attached to or incorporated by referen-e into either, shall contairi all the termsand conditions to be agreed upon by the parties. Upon execution of any program Agreement, this Agreement shall be considered incorporated into that progra'm Agreement by reference. No other understandings oi representations, oral or othenryise,regarding the subject matter of this Agreement oi any Program Agreement shall bedeemed to exist or bind the parties. Governing Law and Venue. The laws of the state of Washington govern this Agreement.ln the event of a lawsuit by the County against DCYF involving-tnis Agreement oi aProgram Agreement,_u9l1e shall be proper only in Thurston iounty,Washington. ln theevent of a lawsuit by DCYF against the County involving this Agreement or a program Agreement, venLre shail be proper onry as provided in Rcw 36.01.050. Responsibility. Each party to this Agreement shall be responsible forthe negligence of itsofficers, employees, and agents in the performqnce of any'program Agreement. No partyto this Agreement or any Program Agreement shall be responsible for the acts and/oromissions of entities or.individuals not party to this Agreement and any programAgreement' DCYF and the county shall cooperate in the defense of tort lawsuits, when Department of Children, youth & Families 2081CF County Agreement - ceneral Terms and Conditions (8_1_2019) Page 4