Evidence Based Expansion County Program Agreement Executed

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General Terms and Conditions Upon receipt of the referaland relevant documentation, the Secretary and County Representative will conferto considerthe 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. Both Parties 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 theAgreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate the finaldecision into the Agreement. lf this dispute process is used, the resolution decision will be f inaland binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. Notwithstanding the f oregoing, each Party reserves the right to litigate issues de novo in court. 9. Entire Agreement. This Agreement and any Program Agreement, including all documents attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upol by the parties. Upon execution of any Program Agreement, this Agreement shall beconsidered incorporated into that Program Agreement by refereince. No other uinderstandings orrepresentations, oral or otherwise, regarding the subject matter of this Agreement or any pro!ram Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the state of Washington govern this Agreement. ln the event of a lawsuit by the Coynlv against _DCYF involving this Agreement or a program Agreement,venue shall be proper only in Thurston County, Washington. i-n tfre event of a lafusuit OV oCVF against the County involving thisAgreement or a Program Agreement, venue shall be profer only mprovided in RCW 36.0'1.050. 1 1' Responsibility. Each party to this Agreement shall be responsible forthe negligence of its off icers,employees, and agents in the performance of any Program Agreement. ruo pirty to this Agreement 9r.?ly Program Agreement shall be responsible for the acts and/or omissions of entitieJorindividuals not party to this Agreement and any Program Agreement. oCVr and the County shallcooperate in the defense of tort lawsuits, when possible. Both parties agree and understand thatsuch cooperation may not be feasible in all circumstances. DCYF and the-County agree to notify theattorneys of record in any tort lawsuit where both are parties if either DCyF or the County enters intosettlement negotiations. lt is understood that the notice shall occur prior to any negotiations, or assoon as possible thereafter, and the notice may be either written oi oral. 12' lndependent Status. For purposes of this Agreement and any Program Agreement, the Countyacknowledges that the County is not an off icei, employee, or agent of ocyF or the state ofWashington. TheCountyshallnotholdoutitselforany-of itsem"ployeutu.,norclaimstatusas,an off icer, employee, or agent of DCYF or the state of washington. The'County shall not claim for itselfor its employees any rights, privileges, or benefits which woiuto accrue to an emptoyee of the state ofWashington' The County shallindemnify and hold harmless DCyF from all obligations to pay orwithhold federal or state taxes or contributions on behalf of the County or the-Co"unty', emproye"s. 13' Inspection. Eitherparty may request reasonable access to the other party's records and place ofbusiness for the limited purpose of monitoring, auditing, and evaluating irre oftrer party,s compliancewith this Agreement, any Program Agreemeni, ano "pfti.iotu laws and regulations. During the term Department of Children, youth & Families 2017CF County Program Agreement 6-24_20 Page 4