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of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-
<br />through entity considers a contract.
<br />Recipient means a non -Federal entity that receives an award from a pass-through entity to carry out part of a Federal program;
<br />but does not include an individual that is a beneficiary of such program.
<br />Supplies means all tangible personal property other than those described in § 200.33 Equipment. A computing device is a
<br />supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for financial
<br />statement purposes or $5,000, regardless of the length of its useful life. See also §§ 200.20 Computing devices and 200.33
<br />Equipment.
<br />For PSN: Task Forces are established by each USAO to collaborate with a PSN team of federal, state, local, and tribal (where
<br />applicable) law enforcement and other community members to implement a strategic plan for investigating, prosecuting, and
<br />preventing violent crime.
<br />SECTION I: TERMS AND CONDITIONS
<br />1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's obligation to pay under this
<br />agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State
<br />of Florida to reimburse recipients for incurred costs is subject to available federal funds.
<br />2.0 Commencement of Project - If a project is not operational within 60 days of the original start date of the award period
<br />or the date of award activation (whichever is later), the recipient must report by letter to the Department the steps taken
<br />to initiate the project, the reasons for delay, and the expected start date.
<br />If a project is not operational within 90 days of the original start date of the award period or the date of award activation
<br />(whichever is later), the recipient must submit a second statement to the Department explaining the implementation delay.
<br />Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its
<br />discretion, unilaterally terminate this agreement and re -obligate award funds to other Department approved projects. The
<br />Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety
<br />(90) day period, but only by formal written adjustment to this agreement.
<br />3.0 Supplanting - The recipient agrees that funds received under this award will not be used to supplant state or local funds,
<br />but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for
<br />award activities.
<br />4.0 Non -Procurement, Debarment and Suspension - The recipient agrees to comply with Executive Order 12549,
<br />Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
<br />Suspension (Non -procurement)". These procedures require the recipient to certify it shall not enter into any lower tiered
<br />covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from
<br />participating in this covered transaction, unless authorized by the Department. If the award is $100,000 or more, the sub
<br />recipient and implementing agency certify that they and their principals:
<br />1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal
<br />benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or
<br />agency;
<br />2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
<br />against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
<br />performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or
<br />state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
<br />making false statements, or receiving stolen property;
<br />3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)
<br />with commission of any of the offenses enumerated in paragraph (a)(ii) of the "Lobbying, Debarment and Drug Free
<br />Workplace" certification; and
<br />4) Have not within a three-year period preceding this application had one or more public transactions (federal, state, or
<br />local) terminated for cause or default.
<br />5.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any recipient
<br />or subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or
<br />adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913.
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