Staff Report_BEAD Agreement with State

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Page 22 of 44 General Terms and Conditions 1. Definitions As used throughout this Contract, the following terms shall have the meaning set forth below: a. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. b. “COMMERCE” or “Department” shall mean the Washington Department of Commerce. c. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Subrecipient, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "Subrecipient" or “Subgrantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Subrecipient. e. “Modified Total Direct Costs” (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs, and the portion of each subaward in excess of $50,000. f. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). g. “State” shall mean the state of Washington. h. “Subaward” shall mean an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. i. "Subcontractor" shall mean one not in the employment of the Subrecipient, who is performing all or part of those services under this Contract under a separate contract with the Subrecipient. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. j. “Subrecipient” shall mean a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.