2011/01/19 Council Agenda Packet

• 2 Exhibit A GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract,the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. . b. "County" shall mean Snohomish County, Washington, a political subdivision of the State of Washington, acting as the lead agency for Region One. Region One consists of Island, San Juan, Skagit, Snohomish and Whatcom Counties, including the federal recognized tribes within those counties. c. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipienf' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms"subcontractor" and"subcontractors"mean subcontractor(s) in any tier. e. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. f. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 —"A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." g. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). h. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency that contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. "Federal Financial Assistance" —Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. j. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". k. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. "CFR"—Code of Federal Regulations m "OMB"—Office of Management and Budget n. "RCW"- Revised Code of Washington o "WAC"-Washington Administrative Code. El 1-093 SHSP-2010 Page 6 g City of Everett