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18. <br />19 <br />20 <br />DCYF/County General Terms & Conditions <br />Program Agreement, unless otherwise provided herein, the inconsistency shall be resolved <br />by giving precedence, in the following order, to: <br />a. Applicable federal and state of Washington statutes and regulations; <br />b. This Agreement; <br />c. The Program Agreement(s). <br />Ownership of Material. Material created by the County and paid for by DCYF as a part of <br />any Program Agreement shall be owned by DCYF and shall be "work made for hire" as <br />defined by 17 USCS 101. This material includes, but is not limited to: books; computer <br />programs; documents; films; pamphlets; reporls; 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 DCYF is owned by the County and is not <br />"work made for hire"; however, DCYF shall have a perpetual license to use this materialfor <br />DCYF internal purposes at no charge to DCYF, provided that such license shall be limited <br />to the extent which the County has a right to grant such a license. <br />Severability. The provisions of this Agreement and any Program Agreement are <br />severable. lf 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 />Subcontracting. The County may subcontract services to be provided under a Program <br />Agreement, unless otherurise specified in that Program Agreement. lf DCYF, the County, <br />and a subcontractor of the County are found by a jury or other trier of fact to be jointly <br />and severally liable for personal injury damages arising from any act or omission under <br />this Agreement or any Program Agreement, then DCYF 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, DCYF 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 DCYF and the County. This provision shall not apply in the event of a settlement by <br />either DCYF or the County. <br />21. Subrecipients <br />a. General. lf 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 />Department of Children, Youth & Families <br />20B1CF County Agreement - General Terms and Conditions (B-1-2019)Page 6