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9 <br />General Terms & Conditions <br />Upon receipt of the referral and relevant documentation, the Secretaryand County Representatrve will <br />confer to consider the potential options for resolution, and to arrive at a decision within fifteen (1 5) <br />business days. The Secretary and County Representative may appoint a reviewteam, a facilitator, or <br />both, to assist in the resolution of the dispute. lf the Secretary and County Representative are unable to <br />come to a mutually acceptable decision within fifteen (15)days, they may agree to issue an extension <br />to allow for more time. <br />Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without <br />delay to carry out all respective responsibilities under the Agreement or applicable Program <br />Agreement(s)that are not affected by the dispute. <br />The finaldecision 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 Agreement is <br />warranted for ongoing clarity, the Parties will execute an amendment to incorporate the final decision <br />into the Agreement. lf this dispute process is used, the resolution decision Wll be final and binding as to <br />the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. <br />Notwithstanding the foregoing, each Party reserues the right to litigate issues de novo in court. <br />Entire Agreement. This Agreement and any Program Agreement, including alldocuments attached to <br />or incorporated by reference into either, shall contain all the terms and conditions to be agreed upon by <br />the parties. Upon execution of any ProgramAgreement, this Agreement shall be considered <br />incorporated into that Program Agreement by reference, No other understandings or representations, <br />oral or otherwise, 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. ln the event <br />of a laraauit by the County against DCYF involving this Agreement or a Program Agreement, venue shall <br />be proper only in Thurston County, Washington. ln the event of a lawsuit Uy oCvf against the County <br />involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW <br />36.01.050. <br />10 <br />11 <br />12. <br />13 <br />Responsibility' Each party to this Agreement shall be responsible for the negligence of its officers, <br />employees, and agents in the performance of any Program Agreement. f.fo pJrty to this Agreemeni orany Program Agreement shall be responsible for the acts andTor omissions of entities or individuals notparty to this Agreement and any ProgramAgreement. DCYF and the County shall cooperate in the <br />defense of tort laratsuits, v/ren possible. B.oth parties_agree and understand ihat such cooperation maynotbefeasibleinallcircumstances. DCYFandtheColntyagreetonotifytheattorneysoirecordlna'ny <br />tort lawsuit where both are parties if either DCYF or the Couniy enters into setlement negotiations. lt isunderstood that the notice shall occur prior to any negotiations, or as soon as possible thlreafter, andthe notice may be either r,vritten or oral. <br />lnde pendent Status. For purposes of this Agreement and any Program Agreement, the Countyacknowledges that the County is not an officer, employee, or agent 6r ocvF or the state of washington.The County shall not hold out itself or any of its employees as, nor claim status as, an officer, employee,or agent of DCYF or the state of Washington. The County shall not claim for itself or its employees anyrights, privileges, or benefitswhich woulo'a9c1ygt9 an employee of the state of Washington. TheCounty shallindemnify and hold harmless DCYF from all obliqations to pay or Wthhold federal or statetaxes or contributions on behalf of the county or the county'iemployees. ' <br />lnspection' Either party may request reasonable access to the other pa(y's records and place ofbusiness for the limited purpose of monitoring, auditing, and evaluating the other party,s compliance withthis Agreement, any Program Agreement, and applic"Ll" l"*. and regulations. Durlng the term of any <br />Department of Chi ldren, youth. and Famil ies <br />2072C5 County Consolidated program Agreement 6_20-201 9 <br />4