RIGHTS AND OBLIGATIONS OF THE DISTRICT. In exchange for having the NWESD operate the Program described in this Agreement, the District agrees to permit the NWESD to claim funding on behalf of any student served by the Program and to reimburse the NWESD for excess costs in accordance with Section IV. Nothing in this Agreement precludes any District obligation to provide educational programming for juveniles in adult jails, pursuant to Chapter 28A.194 RCW and WAC 000-000-000, when such adult correctional facility is located within the District service boundaries. The District acknowledges that by entering into this Agreement they are causing financial commitments by other parties to occur and therefore agree they will not terminate prior to the expiration date without the consent of the NWESD and any other party to this Agreement that would suffer financially thereby. In the event of such unilateral termination without consent, the terminating party agrees to indemnify and pay other parties that have not agreed thereto for any financial loss which results from such termination.
RIGHTS AND OBLIGATIONS OF THE DISTRICT. In exchange for having NWESD operate the Program described in this Agreement, the District agrees to permit the NWESD to claim funding on behalf of any student served by the Program and to reimburse the NWESD for excess costs in accordance with Section IV. Nothing in this Agreement precludes any District obligation to provide educational programs for juveniles in adult jails, pursuit to RCW 28A.194 and WAC 000-000-000, when such adult correctional facility is located within the District service boundaries. The District acknowledges that by entering into this Agreement they are causing financial commitments by other parties to occur and therefore agree they will not terminate prior to the expiration date without the consent of NWESD and any other party to this Agreement that would suffer financially thereby. In the event of such unilateral termination without consent, the terminating party agrees to indemnify and pay other parties that have not agreed thereto for any financial loss which results from such termination. Additionally:
A. The District acknowledges that Chapter 28A.155 RCW, Chapter 392-171 WAC, and Public Law 108-446 impose responsibilities and that those responsibilities are not distinguished by delegation, in part or in total, under this Agreement. To this extent, it is understood and agreed between the parties hereto that the purpose and intent of this Agreement is that NWESD provide cooperative services to deliver the specialized services for which they would otherwise qualify in their resident District. The resident District shall retain the responsibility to:
1. assure their particular students are receiving an appropriate education;
2. comply with all provisions as requested by Chapter 28A.155 RCW, Chapter 392-171 WAC, and Public Law 108-446 (IDEA); and,
3. incorporate Chapter 392-171 WAC and Public Law 108-446 (IDEA) required policies.
B. The District waives any locally-established procurement requirements that are more restrictive than those established by statute for fees/purchases initiated pursuant to this Agreement.
C. The District will not use federal funds for payment of any fees/purchases related to this Agreement, unless it provides prior written notice to the NWESD Assistant Superintendent for Finance and Compliance. This will assure the District and NWESD can proactively explore and meet any federal procurement requirements.
RIGHTS AND OBLIGATIONS OF THE DISTRICT
