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supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. ( h ) With respect to any Recipient which is not a local government or state agency , and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies , to the best of its knowledge and belief, that it and its principals : 1 . are not presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from covered transactions by a federal department or agency ; 2 . have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a public (federal , state or local) transaction or contract under public transaction ; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery , bribery, falsification or destruction of records , making false statements , or receiving stolen property; 3 . are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal , state or local ) with commission of any offenses enumerated in paragraph 20( h )2 . of this certification ; and 4 . have not within a five-year period preceding this Agreement had one or more public transactions (federal , state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification , such Recipient shall attach an explanation to this Agreement. In addition , the Recipient shall submit to the Department ( by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension , Ineligibility And Voluntary Exclusion" (Attachment H ) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature , and subject to any modification in accordance with Chapter 216 , Fla. Stat. or the Florida Constitution . 15