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a. This term means a legal instrument to provide support for the performance of any portion of <br />the substantive project or program for which you received this award and that you as the <br />recipient award to an eligible subrecipient. <br />b.The term does not include your procurement of property and services needed to carry out <br />the project or program (for further explanation , see Sec._ 210 of the attachment to OMB <br />Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations "). <br />c. A subaward may be provided through any legal agreement, including an agreement that <br />you or a subrecipient considers a contract. <br />4. Subrecipient, as defined in 2 CFR §25.360 means an entity that: <br />a. Receives a subaward from you (the recipient) under this award; <br />b.Is accountable to you for the use of the Federal funds provided by the subaward. <br />5. Total compensation, as defined in 2 CFR §170.330 means the cash and noncash dollar value earned <br />by the executive during the recipient's or subrecipient's preceding fiscal year and includes the <br />following (for more information see 17 CFR 229.402(c)(2)): <br />a. Salary or bonus. <br />b.Awards of stock, stock options, and stock appreciation rights. Use the dollar amount <br />recognized for financial statement reporting purposes with respect to the fiscal year in <br />accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) <br />(FAS 123R), Shared Based Payments. <br />c. Earnings for services under non - equity incentive plans. This does not include group life, <br />health, hospitalization or medical reimbursement plans that do not discriminate in favor of <br />executives, and are available generally to all salaried employees. <br />d. Change in pension value. This is the change in present value of defined benefit and <br />actuarial pension plans. <br />e. Above - market earnings on deferred compensation which is not tax - qualified. <br />f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, <br />termination payments, value of life insurance paid on behalf of the employee, perquisites or <br />property) for the executive exceeds $10,000. <br />Failure to comply with these requirements may result in suspension of payments under the Agreement or <br />termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if <br />the department determines that any of the following has occurred: the applicant has made false certification, or <br />violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) <br />I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally <br />bind the prospective jurisdiction to the assurances and certifications listed above. <br />Initials <br />