Orange County NC Website
Docusign Envelope ID : 18879D77-5A62-4A92-A328-91 D1 BA9BCB62 <br /> " Financial Statement" means a report providing financial statistics relative to a given part of an <br /> organization' s operations or status . <br /> " Grant" means financial assistance provided by DNCR to an eligible grantee to carry out the activities <br /> and purpose identified in this Contract . <br /> "Grantee" means an entity that receives State financial assistance . <br /> "Non- State Entity" has the meaning in G . S . 143C - 14 (d) ( 18 ) . <br /> " Single Audit" means an audit that includes an examination of an organization' s financial statements , <br /> internal controls , and compliance with the requirements of Federal or State awards . <br /> " State financial assistance " means State funds disbursed as a grant, cooperative agreement, non -cash <br /> contribution, food commodities , or direct appropriation to a grantee or subrecipient as defined in this <br /> Contract . <br /> " Special Appropriation " means a legislative act authorizing the expenditure of a designated amount of <br /> public funds for a specific purpose . <br /> " State Funds " means any funds appropriated by the North Carolina General Assembly or collected by <br /> the State of North Carolina. State funds include federal financial assistance received by the State and <br /> transferred or disbursed to non- State entities . Both Federal and State funds maintain their identity as <br /> they are disbursed as financial assistance to other organizations . <br /> " Subrecipient" means a non- State entity that receives State financial assistance from a Grantee to carry <br /> out part of a State program; but does not include an individual that is a beneficiary of such program . <br /> GENERAL TERMS AND CONDITIONS <br /> 1 . Choice of Law : The validity of this Contract and any of its terms or provisions , as well as the rights <br /> and duties of the Parties to this Contract, are governed by the laws of North Carolina . The Grantee, by <br /> signing this Contract, agrees and submits , solely for matters concerning this Contract, to the exclusive <br /> jurisdiction of the courts of North Carolina and agrees , solely for such purpose , that the exclusive venue <br /> for any legal proceedings shall be Wake County, North Carolina . The place of this Contract and all <br /> transactions and understandings relating to it, and their situs and forum, shall be Wake County, North <br /> Carolina, where all matters shall be determined . <br /> 2 . Grantee ' s Duties : The Grantee shall provide the services as described in Attachment A, Scope of Work <br /> and Description of Services and in accordance with the approved budget in Attachment B . The Grantee <br /> may make line-item adjustments of less than ten percent ( 10 %) for budgeted expenditures without prior <br /> approval from the Agency, except if the adjustment would exceed the total grant amount . <br /> For line -item adjustments of ten percent ( 10 %) or more for budgeted expenditures , the Grantee shall <br /> submit a written request for approval to the Agency and include a justification for the adjustment . Line - <br /> item adjustments requiring approval shall be effective only upon a dually executed amendment between <br /> the parties , in accordance with the terms of this Contract . <br /> Amendments executed under this Paragraph shall include the new line -item adjustment( s) (Attachment <br /> B) and any changes in the Scope of Work and Description of Services (Attachment A) related to the <br /> duties and services affected by the line-item adjustment . An amendment that fails to comply with the <br /> Page 2 of 14 <br />