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General Terms and Conditions
<br />Governmental Entities
<br />DEFINITIONS
<br />Unless indicated otherwise from the context, the
<br />following terms shall have the following meanings in
<br />this Contract. All definitions are from 9 NCAC
<br />3M.0102 unless otherwise noted. If the rule or
<br />statute that is the source of the definition is changed
<br />by the adopting authority, the change shall be
<br />incorporated herein.
<br />(1) "Agency" (as used in the context of the
<br />definitions below) means and includes every
<br />public office, public officer or official (State
<br />or local, elected or appointed), institution,
<br />board, commission, bureau, council,
<br />department, authority or other unit of
<br />government of the State or of any county,
<br />unit, special district or other political sub-
<br />agency of government. For other purposes
<br />in this Contract, "Agency" means the entity
<br />identified as one of the parties hereto.
<br />(2) "Audit" means an examination of records or
<br />financial accounts to verify their accuracy.
<br />(3) "Certification of Compliance" means a report
<br />provided by the Agency to the Office of the
<br />State Auditor that states that the Grantee has
<br />met the reporting requirements established by
<br />this Subchapter and included a statement of
<br />certification by the Agency and copies of the
<br />submitted grantee reporting package.
<br />(4) "Compliance Supplement" refers to the North
<br />Carolina State Compliance Supplement,
<br />maintained by the State and Local
<br />Government Finance Agency within the
<br />North Carolina Department of State
<br />Treasurer that has been developed in
<br />cooperation with agencies to assist the local
<br />auditor in identifying program compliance
<br />requirements and audit procedures for testing
<br />those requirements.
<br />(5) "Contract" means a legal instrument that is
<br />used to reflect a relationship between the
<br />agency, grantee, and sub - grantee.
<br />(6) "Fiscal Year" means the annual operating
<br />year of the non -State entity.
<br />(7) "Financial Assistance" means assistance that
<br />non -State entities receive or administer in the
<br />form of grants, loans, loan guarantees,
<br />property (including donated surplus
<br />property), cooperative agreements, interest
<br />ATTACHMENT A
<br />subsidies, insurance, food commodities,
<br />direct appropriations, and other assistance.
<br />Financial assistance does not include
<br />amounts received as reimbursement for
<br />services rendered to individuals for Medicare
<br />and Medicaid patient services.
<br />(8) "Financial Statement" means a report
<br />providing financial statistics relative to a
<br />given part of an organization's operations or
<br />status.
<br />(9) "Grant" means financial assistance provided
<br />by an agency, grantee, or sub -grantee to carry
<br />out activities whereby the grantor anticipates
<br />no programmatic involvement with the
<br />grantee or sub - grantee during the
<br />performance of the grant.
<br />(10) "Grantee" has the meaning in G.S. 143 -
<br />6.2(b): a non -State entity that receives a grant
<br />of State funds from a State agency,
<br />department, or institution but does not
<br />include any non -State entity subject to the
<br />audit and other reporting requirements of the
<br />Local Government Commission. For other
<br />purposes in this Contract, "Grantee" shall
<br />mean the entity identified as one of the
<br />parties hereto. For purposes of this contract,
<br />Grantee also includes other State agencies
<br />such as universities.
<br />(11) "Grantor" means an entity that provides
<br />resources, generally financial, to another
<br />entity in order to achieve a specified goal or
<br />obj ective.
<br />(12) "Non -State Entity" has the meaning in
<br />N.C.G.S. 143- 6.2(a)(1): A firm, corporation,
<br />partnership, association, county, unit of local
<br />government, public authority, or any other
<br />person, organization, group, or governmental
<br />entity that is not a State agency, department,
<br />or institution.
<br />(13) "Public Authority" has the meaning in
<br />N.C.G.S. 143- 6.2(a)(3): A municipal
<br />corporation that is not a unit of local
<br />government or a local governmental
<br />authority, board, commission, council, or
<br />agency that (i) is not a municipal corporation
<br />and (ii) operates on an area, regional, or
<br />multiunit basis, and the budgeting and
<br />accounting systems of which are not fully a
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