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i.Subawards, <br />And <br />ii.The total compensation of the five most highly compensated executives of any subrecipient. <br />e.Definitions.For purposes of this award term: <br />1.Entity means all of the following,as defined in 2 CFR part 25: <br />i.A Governmental organization,which is a State,local government,or Indian tribe; <br />li.A foreign public entity; <br />iii.A domestic or foreign nonprofit organization; <br />iv.A domestic or foreign for-profit organization; <br />v.A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity. <br />2.Executive means officers,managing partners,or any other employees in management positions. <br />3.Subaward: <br />i.This term means a legal instrument to provide support for the performance of any portion of the <br />substantive project or program for which you received this award and that you as the recipient award to <br />an eligible subrecipient. <br />ii.The term does not include your procurement of property and services needed to carry out the project or <br />program (for further explanation,see Sec..210 of the attachment to OMB Circular A-133,"Audits of <br />States,Local Governments,and Non-Profit Organizations"). <br />iii.A subaward may be provided through any legal agreement,including an agreement that you or a <br />subrecipient considers a contract. <br />4.Subrecipient means an entity that: <br />i.Receives a subaward from you (the recipient)under this award;and <br />ii.Is accountable to you for the use of the Federal funds provided by the subaward. <br />5.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's <br />or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR <br />229.402(c)(2)): <br />i.Salary and bonus. <br />ii.Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for <br />financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of <br />Financial Accounting Standards No.123 (Revised 2004)(FAS 123R),Shared Based Payments. <br />iii.Earnings for services under non-equity incentive plans.This does not include group life,health, <br />hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are <br />available generally to all salaried employees. <br />iv.Change in pension value.This is the change in present value of defined benefit and actuarial pension <br />plans. <br />v.Above-market earnings on deferred cornpensation which is not tax-qualified. <br />vi.Other compensation,if the aggregate value of all such other compensation (e.g.severance,termination <br />payments,value of life insurance paid on behalf of the employee,perquisites or property)for the <br />executive exceeds $10,000. <br />Article XVII -False Claims Act and Program Fraud Civil Remedies <br />All recipients must comply with the requirements of 31 USC §3729which set forth that no recipient of federal <br />payments shall submit a false claim for payment.See also 38 ü S C.§3801-3812 which details the <br />administrative remedies for false claims and statements made. <br />Article XVRI -Federal Debt Status <br />All recipients are required to be non-delinquent in their repayment of any Federal debt.Examples of relevant <br />debt include delinquent payroll and other taxes,audit disallowances,and benefit overpayments.See O <br />Circular A-129 and form <br />SF-4248,item number 17 for additional information and guidance. <br />-8 -