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General Terms and Conditions
<br />Governmental Entities
<br />DEFINITIONS
<br />Unless indicated otherwise from the context, the following terms
<br />shall have the following meanings in this Contract. All definitions
<br />are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or
<br />statute that is the source of the definition is changed by the
<br />adopting authority, the change shall be incorporated herein.
<br />(1)"Agency" (as used in the context of the definitions
<br />below) means and includes every public office, public
<br />officer or official (State or local, elected or appointed),
<br />institution, board, commission, bureau, council,
<br />department, authority or other unit of government of the
<br />State or of any county, unit, special district or other
<br />political sub-agency of government. For other
<br />purposes in this Contract, “Agency” means the entity
<br />identified as one of the parties hereto.
<br />(2)"Audit" means an examination of records or financial
<br />accounts to verify their accuracy.
<br />(3)"Certification of Compliance" means a report provided
<br />by the Agency to the Office of the State Auditor that
<br />states that the Grantee has met the reporting
<br />requirements established by this Subchapter and
<br />included a statement of certification by the Agency and
<br />copies of the submitted grantee reporting package.
<br />(4)"Compliance Supplement" refers to the North Carolina
<br />State Compliance Supplement, maintained by the State
<br />and Local Government Finance Agency within the
<br />North Carolina Department of State Treasurer that has
<br />been developed in cooperation with agencies to assist
<br />the local auditor in identifying program compliance
<br />requirements and audit procedures for testing those
<br />requirements.
<br />(5)"Contract" means a legal instrument that is used to
<br />reflect a relationship between the agency, grantee, and
<br />sub-grantee.
<br />(6)"Fiscal Year" means the annual operating year of the
<br />non-State entity.
<br />(7)"Financial Assistance" means assistance that non-
<br />State entities receive or administer in the form of
<br />grants, loans, loan guarantees, property (including
<br />donated surplus property), cooperative agreements,
<br />interest subsidies, insurance, food commodities, direct
<br />appropriations, and other assistance. Financial
<br />assistance does not include amounts received as
<br />reimbursement for services rendered to individuals for
<br />Medicare and Medicaid patient services.
<br />(8)"Financial Statement" means a report providing
<br />financial statistics relative to a given part of an
<br />organization's operations or status.
<br />(9)"Grant" means financial assistance provided by an
<br />agency, grantee, or sub-grantee to carry out activities
<br />whereby the grantor anticipates no programmatic
<br />involvement with the grantee or sub-grantee during the
<br />performance of the grant.
<br />(10)"Grantee" has the meaning in NCGS 143C-6-23(a)(2):
<br />a non-State entity that receives a grant of State
<br />funds
<br />from a State agency, department, or institution but
<br />does not include any non-State entity subject to the
<br />audit and other reporting requirements of the Local
<br />Government Commission. For other purposes in this
<br />Contract, “Grantee” shall mean the entity identified as
<br />one of the parties hereto. For purposes of this
<br />contract, Grantee also includes other State agencies
<br />such as universities.
<br />(11)"Grantor" means an entity that provides resources,
<br />generally financial, to another entity in order to achieve
<br />a specified goal or objective.
<br />(12)"Non-State Entity" has the meaning in NCGS 143C-
<br />1-1(d)(18): A firm, corporation, partnership, association,
<br />county, unit of local government, public authority, or
<br />any other person, organization, group, or governmental
<br />entity that is not a State agency, department, or
<br />institution.
<br />(13)"Public Authority" has the meaning in NCGS
<br />159-7(10): A municipal corporation that is not a unit of
<br />local government or a local governmental authority,
<br />board, commission, council, or agency that (i) is
<br />not a municipal corporation, (ii) is not subject of the
<br />State Budget Act, and (iii) operates on an area,
<br />regional, or multiunit basis, and the budgeting and
<br />accounting systems of which are not fully a part of the
<br />budgeting and accounting systems of a unit of local
<br />government.
<br />(14)"Single Audit" means an audit that includes an
<br />examination of an organization's financial statements,
<br />internal controls, and compliance with the requirements
<br />of Federal or State awards.
<br />(15)"Special Appropriation" means a legislative act
<br />authorizing the expenditure of a designated amount of
<br />public funds for a specific purpose.
<br />(16)"State Funds" means any funds appropriated by the
<br />North Carolina General Assembly or collected by the
<br />State of North Carolina. State funds include federal
<br />financial assistance received by the State and
<br />transferred or disbursed to non-State entities. Both
<br />Federal and State funds maintain their identity as they
<br />are sub-granted to other organizations. Pursuant to
<br />NCGS 143C-6-23(a)(1), the terms "State grant
<br />funds" and "State grants" do not include any payment
<br />made by the Medicaid program, the Teachers' and
<br />State Employees' Comprehensive Major Medical Plan,
<br />or other similar medical programs.
<br />(17)"Sub-grantee" has the meaning in NCGS
<br />143C-6-23(a)(4): a non-State entity that receives a
<br />grant of State funds from a grantee or from another
<br />sub-grantee but does not include any non-State entity
<br />subject to the audit and other reporting requirements
<br />of the Local Government Commission.
<br />DEQ CONTRACT CW28274
<br />ATTACHMENT A
<br />DocuSign Envelope ID: 117859D8-9201-40FF-B2C2-8357CA71FC1A
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