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PRIVATE SECTOR CONTRACTS
<br />G43
<br />Attachment I
<br />General Terms and Conditions
<br />11
<br />DEFINITIONS
<br />Unless indicated otherwise from the context, the
<br />following terms shall have the following meanings in
<br />this Contract- Ail definitions are from 9 NCAC
<br />3M.0102 unless otherwise noted. If the rule or statute
<br />that is the source of the definition is changed by the
<br />adopting authority, the change shall be incorporated
<br />herein:
<br />(1) "Agency" (as used in the context of the
<br />definitions below) shall mean and include every
<br />public office, public officer or official (State or
<br />local, elected or appointed), institution, board,
<br />commission, bureau, council, department,
<br />authority or other unit of government of the
<br />State or of any county, unit, special district or
<br />other political subagency of government. For
<br />other purposes in this Contract, "Agency" shall
<br />mean the entity identified as one of the parties
<br />hereto.
<br />(2) "Audit" means all 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 met
<br />the reporting requirements established by this
<br />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 Government
<br />Finance Agency within the North Carolina
<br />Department of State Treasurer that has been
<br />developed in cooperation with agencies to assist
<br />the local auditor in identifying program
<br />compliance requirements and audit procedures
<br />for testing those requirements.
<br />(5) "Contract" means a legal instrument that is used
<br />to reflect a relationship between the agency,
<br />grantee, and subgrantee.
<br />(6) "Fiscal Year" means the annual operating year
<br />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 property),
<br />cooperative agreements, interest subsidies,
<br />insurance, food commodities, direct
<br />appropriations, and other assistance. Financial
<br />assistance does not include amounts received
<br />as reimbursement for services rendered to
<br />individuals for Medicare and Medicaid patient
<br />services.
<br />(8) "Financial Statement" means a report
<br />providing financial statistics relative to a given
<br />part of an organization's operations or status.
<br />(9) "Grant" means financial assistance provided
<br />by an agency, grantee, or subgrantee to carry
<br />out activities whereby the grantor anticipates
<br />no programmatic involvement with the grantee
<br />or subgrantee during the performance of the
<br />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 include
<br />any non-Slate entity subject to the audit and
<br />other reporting requirements of the Local
<br />Government Commission. For other purposes
<br />in this Contract, "Grantee" shall mean the
<br />entity identified as one of the parties hereto.
<br />(I I) "Grantor" means an entity that provides
<br />resources, generally financial, to another entity
<br />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 public
<br />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 authority,
<br />board, commission, council, or agency that (i)
<br />is not a municipal corporation and (ii) operates
<br />on an area, regional, or multiunit basis, and the
<br />budgeting and accounting systems of which
<br />are not fully a part of the budgeting and
<br />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
<br />statements, internal controls, and compliance
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