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18. <br />19 <br />20. <br />21 <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 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 DCYF is owned by the County and is not <br />"work made for hire"; however, DCYF shall have a perpetual license to use this material for <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 Agreemeni or a program <br />Agreement, including.any provision of any document incorporated herein or therein byreference, that invalidity shall not affect the other provisions this Agreement or that piogram <br />Agreement. <br />Subcontracting. The County may subcontract services to be provided under a program <br />Agreement, unless otherwise specified in that Program Agreement. lf DCYF, the County,and a subcontractor of the County are found by a jury or other trier of fact to be joinly <br />and severally liable for personal injury damages arising from any act or omission underthis Agreement or any Program Agreement, then DCYF shall be responsible for itsproportionate share, and the County shall be responsible for its proportionate share.Should a subcontractor to the County pursuant to a Program Agreement be unable tosatisfy its joint and several liability, DcyF and the count-y shall share in thesubcontractor's unsatisfied proporlionate share in direct proportion to the respectivepercentage of their fault as found by the trier of fact, Nothing in this section shall beconstru-ed as creating a right or remedy of any kind or nature in any person or party otherthan DCYF and the County. This provision shall not apply in the event of a setilement byeither DCYF or the County. <br />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, allfederal awards received andexpended and the federal programs.under which they were received, by Catalog ofFederal Domestic Assistance (CFDA) title and numblr, award number <br />"no <br />y""r,name of the federar agency, and name of the pass-through entity; - J <br />(2) Maintain internalcontrols that provide reasonable assurance that the County ismanaging federar awards in compriance with taws, regutati;;;, ;;;;riJi=io", or <br />DCYF/County General Terms & Conditions <br />Program Agreement, unless othenvise 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 />Department of Children, youth & Families <br />2081CF County Agreement - General Terms and Conditions (8_1_2019) <br />Page 6