Laserfiche WebLink
9. Maintenance of Records. During the term of this Agreement and for six (6) years following <br /> termination or expiration of this Agreement, the Contractor shall maintain, and provide DSHS with <br /> reasonable access to, its records sufficient to: <br /> a. Document performance of all acts required by law, regulation, or this Agreement; <br /> b. Substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and <br /> performance; and <br /> c. Demonstrate accounting procedures, practices, and records which sufficiently and properly <br /> document the Contractor's invoices to DSHS and all expenditures made by the Contractor to <br /> perform as required by this Agreement. <br /> 10. Order of Precedence. In the event of an inconsistency in this Agreement, the inconsistency shall be <br /> resolved by giving precedence in the following order: <br /> a. Applicable federal and state of Washington statutes and regulations; <br /> b. Special Terms and Conditions contained in this Agreement; <br /> c. General Terms and Conditions contained in this Agreement; <br /> d. Exhibits or other documents incorporated by reference. <br /> 11. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this <br /> Interlocal Agreement shall be owned by DSHS and shall be "works for hire" as defined by the U.S. <br /> Copyright Act of 1976. This material includes, but is not limited to: books; computer programs; <br /> documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training <br /> materials. Material which the Contractor uses to perform this Interlocal Agreement but which is not <br /> created for or paid for by DSHS is owned by the Contractor; however, DSHS shall have a perpetual <br /> license to use this material for DSHS internal purposes at no charge to DSHS. <br /> 12. Severability. If any term or condition of this Agreement is held invalid by any court, such invalidity <br /> shall not affect the validity of the other terms or conditions of this Agreement. <br /> 13. Subcontracting. Except as otherwise provided in this Agreement, the Contractor shall not subcontract <br /> any of the contracted services without the prior approval of DSHS as specified in a written amendment <br /> to this Agreement. Contractor is responsible to ensure that all terms, conditions, assurances and <br /> certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of <br /> Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge the <br /> Contractor from its obligations hereunder or diminish DSHS' rights or remedies available under this <br /> Agreement. <br /> 14. Subrecipients. <br /> a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management <br /> and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall: <br /> (1) Maintain records that identify, in its accounts, all federal awards received and expended and the <br /> federal programs under which they were received, by Catalog of Federal Domestic Assistance <br /> (CFDA) title and number, award number and year, name of the federal agency, and name of <br /> the pass-through entity; <br /> (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing <br /> federal awards in compliance with laws, regulations, and provisions of contracts or grant <br /> DSHS Central Contrail Services <br /> 1735LP Agency Respite Care Interlocal(6-09-05) Page 9 <br /> 21 <br />