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PUBLIC SECTOR CONTRACTS (Including Local Governments)
<br />NCDA&CS - General Terms and Conditions – Public - Local Governmental Entities
<br />Eff. 07/14;4/15;1/17 Page 1 of 4
<br />General Terms and Conditions
<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) shall mean and include
<br />every public office, public officer or official
<br />(State or local, elected or appointed),
<br />institution, board, commission, bureau,
<br />council, department, authority or other unit of
<br />government of the State or of any county,
<br />unit, special district or other political
<br />subagency of government. For other
<br />purposes in this Contract, “Agency” shall
<br />mean the entity identified as one of the
<br />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
<br />by this Subchapter and included a statement
<br />of certification by the Agency and copies of
<br />the 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
<br />testing those requirements.
<br />(5)"Contract" means a legal instrument that is
<br />used to reflect a relationship between the
<br />agency, grantee, and subgrantee.
<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 />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 subgrantee to
<br />carry out activities whereby the grantor
<br />anticipates no programmatic involvement
<br />with the grantee or subgrantee during the
<br />performance of the grant.
<br />(10)"Grantee" has the meaning in G.S. 143C-6-
<br />23(a)(2): a non-State entity that receives a
<br />grant 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.
<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 />objective.
<br />(12)"Non-State Entity" has the meaning in
<br />N.C.G.S. 143C-1-1(d)(18): Any of the
<br />following that is not a State agency: an
<br />individual, a firm, a partnership, an
<br />association, a county, a corporation, or any
<br />other organization acting as a unit. The term
<br />includes a unit of local government and
<br />public authority.
<br />(13)"Public Authority" has the meaning in
<br />N.C.G.S. 143C-1-1(d)(22): 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
<br />part of the budgeting and accounting
<br />systems of a unit of local government.
<br />(14)"Single Audit" means an audit that includes
<br />an examination of an organization's financial
<br />statements, internal controls, and compliance
<br />with the requirements of federal or State
<br />awards.
<br />(15)"Special Appropriation" means a legislative
<br />act authorizing the expenditure of a
<br />designated amount of public funds for a
<br />specific purpose.
<br />(16)"State Funds" means any funds
<br />appropriated by the North Carolina General
<br />Assembly or collected by the State of North
<br />Carolina. State funds include federal
<br /> Attachment A
<br />DocuSign Envelope ID: F8ACCDE8-686F-4083-B46D-486310D8A869
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