Staff Report_BEAD Agreement with State

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Page 23 of 44 2. Administrative Cost Allocation Administrative costs that may be allowed as set forth in the Special Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Subrecipient. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 3. Allowable Costs Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 4. All Writings Contained Herein This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. Amendments This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. Americans With Disabilities Act (ADA) of 1990, Public Law 101- 336, Also Referred to as the “ADA” 28 CFR Part 35 The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. Approval This Contract shall be subject to the written approval of COMMERCE’s Authorized Representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties. 8. Assignment Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Subrecipient without prior written consent of COMMERCE.