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DSHS/County General Terms & Conditions <br />c. The Program Agreement(s). <br />19. Ownership of Material. Material created by the County and paid for by DSHS as a part of <br />any Program Agreement shall be owned by DSHS and shall be "work made for hire" as <br />defined by 17 USC§ 101. This material includes, but is not limited to: books; computer <br />programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; <br />tapes; and/or training materials. Material which the County uses to perform a Program <br />Agreement but is not created for or paid for by DSHS is owned by the County and is not <br />"work made for hire'; however, DSHS shall have a perpetual license to use this material for <br />DSHS internal purposes at no charge to DSHS, provided that such license shall be limited <br />to the extent which the County has a right to grant such a license. <br />20. Severability. The provisions of this Agreement and any Program Agreement are <br />severable. If any court holds invalid any provision of this Agreement or a Program <br />Agreement, including any provision of any document incorporated herein or therein by <br />reference, that invalidity shall not affect the other provisions this Agreement or that Program <br />Agreement. <br />21. Subcontracting. The County may subcontract services to be provided under a Program <br />Agreement, unless otherwise specified in that Program Agreement. If DSHS, the <br />County, and a subcontractor of the County are found by a jury or other trier of fact to be <br />jointly and severally liable for personal injury damages arising from any act or omission <br />under this Agreement or any Program Agreement, then DSHS shall be responsible for its <br />proportionate share, and the County shall be responsible for its proportionate share. <br />Should a subcontractor to the County pursuant to a Program Agreement be unable to <br />satisfy its joint and several liability, DSHS and the County shall share in the <br />subcontractor's unsatisfied proportionate share in direct proportion to the respective <br />percentage of their fault as found by the trier of fact. Nothing in this section shall be <br />construed as creating a right or remedy of any kind or nature in any person or party other <br />than DSHS and the County. This provision shall not apply in the event of a settlement by <br />either DSHS or the County. <br />22. Subrecipients. <br />a. General. If the County is a subrecipient of federal awards as defined by 2 CFR Part <br />200 and this Agreement, the County will: <br />(1) Maintain records that identify, in its accounts, all federal awards received and <br />expended and the federal programs under which they were received, by Catalog of <br />Federal Domestic Assistance (CFDA) title and number, award number and year, <br />name of the federal agency, and name of the pass-through entity; <br />(2) Maintain internal controls that provide reasonable assurance that the County is <br />managing federal awards in compliance with laws, regulations, and provisions of <br />contracts or grant agreements that could have a material effect on each of its <br />federal programs; <br />(3) Prepare appropriate financial statements, including a schedule of expenditures of <br />federal awards; <br />(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements <br />between the County and its Subcontractors who are subrecipients; <br />DSHS Central Contract Services <br />6016CF DSHS and County Agreement on General Terms and Conditions (2-2-2017) Page 7 <br />