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ATTACHMENT A
<br /> DENR CONTRACT NO.5833
<br /> General Terms and Conditions ( — D I V j i C N C F
<br /> Governmental Entities F ti,=, (,A v "s S E<V l v z
<br /> May 1,2011
<br /> DEFINITIONS c-914 APR is F Iq
<br /> Unless indicated otherwise from the context,the following terms from a State agency, department, or institution but
<br /> shall have the following meanings in this Contract. All definitions does not include any non-State entity subject to the
<br /> are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or audit and other reporting requirements of the Local
<br /> statute that is the source of the definition is changed by the Government Commission. For other purposes in this
<br /> adopting authority,the change shall be incorporated herein. Contract, "Grantee"shall mean the entity identified as
<br /> (1) "Agency" (as used in the context of the definitions one of the parties hereto. For purposes of this
<br /> below) means and includes every public office, public contract, Grantee also includes other State agencies
<br /> officer or official (State or local, elected or appointed), such as universities.
<br /> institution, board, commission, bureau, council, (11) "Grantor" means an entity that provides resources,
<br /> department,authority or other unit of government of the generally financial,to another entity in order to achieve
<br /> State or of any county, unit, special district or other a specified goal or objective.
<br /> political sub-agency of government. For other (12) "Non-State Entity" has the meaning in N.C.G.S. 143-
<br /> purposes in this Contract, "Agency" means the entity 6.2(a)(1): A firm, corporation, partnership, association,
<br /> identified as one of the parties hereto. county, unit of local government, public authority, or
<br /> (2) "Audit" means an examination of records or financial any other person,organization,group,or governmental
<br /> accounts to verify their accuracy. entity that is not a State agency, department, or
<br /> (3) "Certification of Compliance" means a report provided institution.
<br /> by the Agency to the Office of the State Auditor that (13) "Public Authority" has the meaning in N.C.G.S. 143-
<br /> states that the Grantee has met the reporting 6.2(a)(3): A municipal corporation that is not a unit of
<br /> requirements established by this Subchapter and local government or a local governmental authority,
<br /> included a statement of certification by the Agency and board, commission, council, or agency that(i) is not a
<br /> copies of the submitted grantee reporting package, municipal corporation and (ii) operates on an area,
<br /> (4) Compliance Supplement refers to the North Carolina regional, or multiunit basis, and the budgeting and
<br /> State Compliance Supplement,maintained by the State accounting systems of which are not fully a part of the
<br /> and Local Government Finance Agency within the budgeting and accounting systems of a unit of local
<br /> North Carolina Department of State Treasurer that has government.
<br /> been developed in cooperation with agencies to assist (14) "Single Audit" means an audit that includes an
<br /> the local auditor in identifying program compliance examination of an organization's financial statements,
<br /> requirements and audit procedures for testing those internal controls,and compliance with the requirements
<br /> requirements. of Federal or State awards.
<br /> (5) "Contract" means a legal instrument that is used to (15) "Special Appropriation" means a legislative act
<br /> reflect a relationship between the agency,grantee,and authorizing the expenditure of a designated amount of
<br /> sub-grantee. public funds for a specific purpose.
<br /> (6) "Fiscal Year" means the annual operating year of the (16) "State Funds" means any funds appropriated by the
<br /> non-State entity. North Carolina General Assembly or collected by the
<br /> (7) "Financial Assistance" means assistance that non- State of North Carolina. State funds include federal
<br /> State entities receive or administer in the form of financial assistance received by the State and
<br /> grants, loans, loan guarantees, property (including transferred or disbursed to non-State entities. Both
<br /> donated surplus property), cooperative agreements, Federal and State funds maintain their identity as they
<br /> interest subsidies, insurance, food commodities, direct are sub-granted to other organizations. Pursuant to
<br /> appropriations, and other assistance. Financial N.C.G.S. 143 42(b),the terms"State grant funds"and
<br /> assistance does not include amounts received as "State grants"do not include any payment made by the
<br /> reimbursement for services rendered to individuals for Medicaid program,the Teachers'and State Employees'
<br /> Medicare and Medicaid patient services. Comprehensive Major Medical Plan, or other similar
<br /> (8) "Financial Statement" means a report providing medical programs.
<br /> financial statistics relative to a given part of an (17) "Sub-grantee" has the meaning in G.S. 143-6.2(b): a
<br /> organization's operations or status. non-State entity that receives a grant of State funds
<br /> (9) "Grant" means financial assistance provided by an from a grantee or from another sub-grantee but does
<br /> agency, grantee, or sub-grantee to carry out activities not include any non-State entity subject to the audit
<br /> whereby the grantor anticipates no programmatic and other reporting requirements of the Local
<br /> involvement with the grantee or sub-grantee during the Government Commission.
<br /> performance of the grant.
<br /> (10) "Grantee" has the meaning in G.S. 143-6.2(b): a
<br /> non-State entity that receives a grant of State funds
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