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<br />________________________________________________________________________________________________________ <br />Local Government Page 16 of 27 <br /> <br />General Terms and Conditions <br />1. DEFINITIONS <br /> As used throughout this Grant, the following terms shall have the meaning set forth below: <br />A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing <br />to act on the Director’s behalf. <br />B. “COMMERCE” shall mean the Washington Department of Commerce. <br />C. “Grant” or “Agreement” or “Contract” means the entire written agreement between <br />COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated <br />by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same <br />as delivery of an original. <br />D. “Grantee” shall mean the entity identified on the face sheet performing service(s) under this <br />Grant, and shall include all employees and agents of the Grantee. <br />E. “Modified Total Direct Costs” (MTDC) shall mean all direct salaries and wages, applicable fringe <br />benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward <br />(regardless of the period of performance of the subawards under the award). MTDC excludes <br />equipment, capital expenditures, charges for patient care, rental costs, tuition remission, <br />scholarships and fellowships, participant support costs and the portion of each subaward in <br />excess of $25,000. <br />F. “Personal Information” shall mean information identifiable to any person, including, but not <br />limited to, information that relates to a person’s name, health, finances, education, business, <br />use or receipt of governmental services or other activities, addresses, telephone numbers, <br />social security numbers, driver license numbers, other identifying numbers, and any financial <br />identifiers, and “Protected Health Information” under the federal Health Insurance Portability <br />and Accountability Act of 1996 (HIPAA). <br />G. “State” shall mean the state of Washington. <br />H. “Subaward” shall mean an award provided by a pass-through entity to a subrecipient for the <br />subrecipient to carry out part of a Federal award received by the pass-through entity. It does <br />not include payments to a contractor or payments to an individual that is a beneficiary of a <br />Federal program. A subaward may be provided through any form of legal agreement, including <br />an agreement that the pass-through entity considers a contract. <br />I. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is <br />performing all or part of those services under this Grant under a separate Grant or contract <br />with the Grantee. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in <br />any tier. <br />J. “Subrecipient” shall mean a non-Federal entity that receives a subaward from a pass-through <br />entity to carry out part of a Federal program; but does not include an individual that is a <br />beneficiary of such program. A subrecipient may also be a recipient of other Federal <br />awards directly from a Federal awarding agency. <br />2. ALL WRITINGS CONTAINED HEREIN <br />This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, <br />oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of <br />the parties hereto. <br />3. AMENDMENTS <br />This Grant may be amended by mutual agreement of the parties. Such amendments shall not be <br />binding unless they are in writing and signed by personnel authorized to bind each of the parties. <br />DocuSign Envelope ID: 283F1275-62BD-41AC-A274-FA615AA9FE0ADocuSign Envelope ID: 7A40DF7F-9E3C-499E-913B-5D2F3F45947E