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a.This term means a legal instrarnent to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b7he term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._ 210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations "). c. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient, as defined in 2 CFR §25,360 means an entity that: a, Receives a subaward from you (the recipient) under this award; b.Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation, as defined in 2 CFR §170.330 means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): a. Salary or bonus. b.Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. c. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d. Change in pension value, This is the change in present value of defined benefit and actuarial pension plans. e. Above - market earnings on deferred compensation which is not tax- qualified. f. Other compensation, if the aggregate value of all such other compensation (e.g, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the applicant has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective jurisdiction to the assurances and certifications listed above. Jurisdiction (Printed) By (Authorized Signature) Printed Name and Title of Person Signing Date L'xecuted Initials 55A -98