FY15 Museum Grassroots Science awardGrant ]D
This Contract is hereby entered into by and between the North Carolina Department of Commerce (the "Agency ") and New
Hanover County (the "Grantee ") intended for Cape Fear Museum of History and Science (referred to collectivefy as the
"Parties "). The Grantee's federal tax identification number is 566000324.
1. Contract Documents:
This Contract consists of the following documents:
(1) This Contract
(2) Notice of Certain Reporting and Audit Requirements (Attachment A)
(3) Certification of No Overdue Tax Debts (Attachment B)
(4) The General Terms and Conditions (Attachment C)
(5) Annual Budget (Attachment D)
(6) Session Law 2013 -360, Senate Bill 402, Section 15.12 (Attachment E)
(7) Session Law 2014 -100, Senate Bill 744, Section 15.19 (Attachment F)
(8) Session Law 2013 -360, Senate Bill 402, Section 15.25A.(b) — 15.25A.(e) (Attachment G)
These documents constitute the entire agreement between the Parties and supersede all oral and written statements,
negotiations or agreements made, communicated, negotiated or entered into prior to or contemporaneously with the full
execution of this Contract.
2. Precedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with
the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in
Paragraph 1, above, with the first - listed document having the highest precedence and the last- fisted document having the
lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest
precedence and the oldest amendment shall have the lowest precedence.
3. Effective Period:
This Contract shall be effective on July 1, 2014 and shall terminate when all funds disbursed by the Agency to the
Grantee under this Contract have been expended by the Grantee for the purposes authorized by the North Carolina
General Assembly and stated herein, unless terminated sooner under the terms of this Contract.
4. Grantee's Duties:
The North Carolina General Assembly has authorized funds to be appropriated to participating member museums of the
Grassroots Science Museums Collaborative to enhance programs and services provided by each member museum and
provide coordinated science education outreach throughout the state of North Carolina.
5. Agency's Duties:
The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total
amount paid by the Agency to the Grantee under this Contract shall not exceed $84,340.00.
[X] a. There are no matching requirements from the Grantee.
[ ] b. The Grantee's matching requirement is $ which shall consist of:
[ ] In -kind [ ] Cash
[ ] Cash and In -kind [ ] Cash andlor In -kind
The contributions from the Grantee shall be sourced from non- federal funds.
The total contract amount is $84,340.00
MS &NCD Form 0009A Grant Cover Sheet
Eff. 912005
Revised 5106, 7107, 8109, 7110, 7111, 7112, 9113, 8114
Page 1 of 16
6. Conflict of Interest Policy:
Grantee shall file with the Agency a copy of Grantee's policy addressing conflicts of interest that may arise involving the
Grantee's management employees and the members of its board of directors or other governing body. The policy shall
prohibit such individuals from directly or indirectly benefitting, (otherthan by receipt of any normal compensation from the
Grantee) as a result of the Grantee's disbursement of State funds, including any benefit derived from contracting with the
Grantee or owning or contracting with a sub - grantee or sub -sub- grantee. The policy shall include actions to be taken by
the Grantee, the individual or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed
before Agency may disburse the grant funds. Additionally, every Grantee must identify for the Agency any conflicts of
interest existing under its policy prior to the execution of this Agreement and must promptly inform the Agency of any
conflict of interest of which it becomes aware during the term of this Contract.
7. Statement of No Overdue Tax Debts:
Grantee's sworn written statement pursuant to N.C.G.S. 143C- 6 -23(c) (Attachment B), stating that the Grantee does not
have any overdue tax debts, as defined by G.S. 105- 243.1, at the federal, State, or local level. A person who makes a
false statement in violation of this subsection is guilty of a criminal offense punishable as provided by N.C.G.S. 143C -10 -1.
Grantee acknowledges that the written statement must be bled before Agency may disburse the grant funds.
8. Letter of tax exempt status:
Grantee shall file with the Agency a copy of Grantee's IRS federal tax exempt letter or 501 (c) verification form.
9. Reporting Requirements:
The Agency has determined that this Contract is subjectto the reporting requirements described in the attached Notice of
Certain Reporting and Audit Requirements (Attachment A), which is part of this Contract. The Grantee shall comply with
all of the reporting requirements and provisions described in Attachment A hereto.
In addition to the reporting requirements and provisions described in Attachment A, the Grantee agrees that, prior to
spending any grant funds, it shall send the Fiscal Management Division of the Agency a true and correct copy of a written,
annual budget (Attachment D) duly authorized and adopted by the Grantee's board of directors or other governing body.
Said budget shall contain a narrative description of all budgeted expenditures of grant funds, explaining howthe budgeted
expenditures would meet the objectives of the grant awarded to the Grantee and identifying any interest - bearing account
into which the Grantee has placed or intends to place any of the budgeted expenditures. Should the Grantee thereafter
revise, alter oramend said budget, it shall, within ten (10) business days thereafter, send the Fiscal Management Division
of the Agency a true and correct copy of said revised, altered or amended budget, which shall also be duly authorized and
adopted by the Grantee's board of directors or other governing body and which shall also contain a narrative description of
all budgeted expenditures of grant funds. No expenditure of grant funds maybe made by the Grantee until said budget or
revised, altered or amended budget (as applicable) has been received by the Agency.
In addition to the reporting requirements and provisions described in Attachment A and the other reporting requirements
described in the preceding paragraph of this Contract, the Grantee further agrees to submit to the Agency's Fiscal
Management Division a Quarterly Expenditure Report semiannually to enable the Agency and its Fiscal Management
Division to track the status of the Grantee's expenditures of grant funds on a periodic basis. The Grantee shall continue to
complete and send said Quarterly Expenditure Reports to the Agency's Fiscal Management Division until all grant funds
received under this Contract have been expended and all such expenditures have been fully reported to the Fiscal
Management Division of the Agency. Said Quarterly Expenditure Reports shall be due and shall be delivered to the
Agency's Fiscal Management Division no later than January 31 and July 31, respectively. The Grantee shall submit a
Quarterly Expenditure Report for the first and second quarters of the State's fiscal year by January 31 and shall submit a
Quarterly Expenditure Report inclusive of the third and fourth quarters of the State's fiscal year by July 31. When
submitting said Quarterly Expenditure Reports, the Grantee shall also submit a brief narrative paragraph for each such
Report summarizing the performance objectives of expenditures and any interest earned by the Grantee from the grant
funds.
10. Payment Provisions:
Payment shall be made in accordance with N.C.G.S. 143C -6 -21 and the State's Cash Management Plan. An Annual
appropriation of more than $100,000 to or for the use of a nonprofit corporation shall be made in quarterly or monthly
payments, in the discretion of the Director of the Budget.
MS &NCD Form 0009A Grant Cover Sheet
Eff. 912005
Revised 5/06, 7107, 8109, 7110, 7111, 7/12, 9113, 8114
Page 2 of 15
11. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to
the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address,
street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators
are set out below. Either Party may change the name, post office address, street address, telephone number, fax number,
or email address of its Contract Administrator by giving timely written notice to the other Party.
For the Agency
For the Grantee
IF DELIVERED BY US POSTAL SERVICE
IF DELIVERED BY US POSTAL SERVICE
Monique M. Johnson, Internal Auditor II
Ruth I IkKW=,GV�rct�
Department of Commerce
Cape Fear Museum, Inc.
Fiscal Management Division
clo New Hanover County
4302 Mail Service Center
814 Market Street
Raleigh, NC 27699
Wilmington, NC 28401 -4731
Telephone: (919) 715 -6978
Telephone: (910) 798-495-7- 4,50
Fax: (919) 733 -8802
Fax: (910) 798 -4382
Email: monique.'ohnson nccommerce.com
Email: ,
12. Disbursements:
In addition to the other requirements set forth above and in the attached documents concerning the disbursement of grant
funds by the Grantee (including any sub - grantees) and sub- sub - grantee(s)), as well as all requirements imposed on grant
fund expenditures by applicable law, rules and regulations, the Grantee acknowledges and agrees, as an express
condition of this Contract, to make disbursements of all grant funds in accordance with the following requirements:
a. The Grantee shall implement adequate internal controls over all disbursements;
b. The Grantee shall pre -audit all vouchers presented to it for payment to determine:
• The validity and accuracy of the requested payment;
• The payment due date;
• The adequacy of all documentation allegedly supporting the requested payment; and
• The legality of all disbursements and requested disbursements;
c. The Grantee shall assure adequate control of signature stamps and plates;
d. The Grantee shall assure adequate control of all negotiable instruments; and
e. The Grantee shall implement adequate procedures to insure that its account balance is solvent and shall
reconcile its account monthly.
13. Outsourcing:
The Grantee certifies that it has identified to the Agency all jobs related to this Contract that have been outsourced to other
states within the United States or to other countries, if any, The Grantee further acknowledges that it may not outsource to
any other state or territory or to any other country anyjobs related to this Contract during the term of this Contract without
obtaining the prior written approval of the Agency.
14. Ethics Law Compliance:
The Grantee acknowledges and agrees that, in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it, the Grantee, its officers, agents and employees shall be and are subject to the
provisions of the North Carolina State Government Ethics Act, N.C. Sessions Law 2006 -201; 2005 N.C. HB 1843 (the
"Ethics Act "). The Grantee further acknowledges and agrees that, in the event that it grants any of the grant funds
awarded hereunder to one or more sub - grantees or sub - sub - grantees, the Grantee shall, by contract, ensure that the
provisions of the Ethics Act are made applicable to and binding upon any and all of the Grantee's sub- grantees, sub -sub-
grantees, etc.
MS&NCD Form 0009A Grant Cover Sheet
Eff. 912005
Revised 5/06, 7107, 8109, 7/10, 7111, 7112, 9113, 8114
Page 3 of 15
15. Procurement, Suspension and Debarment:
The Grantee acknowledges and agrees that, in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it, the Grantee, its officers, agents and employees shall be and are subject to the
provisions of the North Carolina General Statutes and the North Carolina Administrative Code relating to and governing
procurement, public contracts, suspension and debarment. The Grantee further acknowledges and agrees that, in the
event that it grants any of the grant funds awarded hereunder to one or more sub - grantees or sub - sub - grantees, the
Grantee shall, by contract, ensure that the provisions of the North Carolina General Statutes and the North Carolina
Administrative Code relating to and governing procurement, public contracts, suspension and debarment are made
applicable to and binding upon any and all of the Grantee's sub- grantees, sub- sub - grantees, etc.
18. Cost Principles:
The Grantee acknowledges and agrees that, in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it, it shall comply with the cost principles enunciated in OMB A -87
(htt :/ .hitehouse. ovlomblcirculars a087 2004/). The Grantee further acknowledges and agrees that, in the event
that it grants any of the grant funds awarded hereunder to one or more sub - grantees or sub - sub - grantees, the Grantee
shall, by contract, ensure that said cost principles are made applicable to and binding upon any and all such sub - grantees,
sub - sub - grantees, etc. in their handling, use and expenditure of the funds awarded to the Grantee hereunder.
17. Final Reports and Certifications:
The Grantee shall file all reports and certifications, as described and required byAttachmentA to this Contract, concerning
its receipt, handling and expenditure of all grant funds awarded hereunder, including any interest earned by the Grantee
from such funds, with the Fiscal Management Division of the Agency.
18. Monitoring and Auditing:
The Grantee acknowledges and agrees that, from and after the date of execution of this Contract and for five (5) years
following its termination, the books, records, documents and facilities of the Grantee are subject to being audited,
inspected and monitored at any time by the Agency upon its request (whether in writing or otherwise). The Grantee and
its officers, agents and employees shall make the Grantee's books, records, documents and officestfacilities available to
the Agency and its personnel for inspection, audit and monitoring upon the Agency's request, shall answer any questions
posed to them by the Agency and shall provide the Agency, upon its request, with any documents, records or information
sought by the Agency in its efforts to monitor and audit the Grantee's activities regarding the funds awarded under this
Contract. The Grantee further agrees to keep and maintain all of its books, records and documents relating in any way to
the grant funds awarded hereunder for the time period specified in Attachment C hereto.
19. Grant Agreement With Sub- Grantee(s):
In the event that the Grantee grants to a sub - grantee, a sub- sub - grantee, etc. any of the grant funds awarded to the
Grantee hereunder, the Grantee must retain a signed copy of the contract or letter pursuant to which the grant funds
awarded to the Grantee hereunder are granted to a sub - grantee, a sub - sub - grantee, etc.
20. Repayment of Grant Funds to Agency:
In the event that the Grantee, either directly or indirectly (e.g., through a sub - grantee or sub - sub - grantee) commits any
breach of this Contract which the Grantee fails to fully cure within thirty (30) days of its receipt of written notice from the
Agency of said breach, the Agency may make demand in writing of the Grantee that it repay the Agency so much of the
grant funds awarded under this Contract, up to and including 100% of the amount of the award made under this Contract.
In such an event, the Grantee shall repay said amount to the Agency within thirty (30) days of its receipt of said demand
for repayment, as well as any interest earned by the Grantee on said amount.
In addition, in the event that this Contract should be terminated by the parties or otherwise comes to an end prior to the
time when the Grantee, its sub- grantee(s), any sub - sub- grantee(s), etc. have expended all of the funds awarded underthis
Contract, the Grantee shall, within thirty (30) days of said termination or contract end, return to the Agency all such
unexpended funds as well as any interest earned by the Grantee on such funds. Furthermore, the Grantee shall, by
contract, ensure that, in the event that its sub- grantee(s) enter into any sub - sub -grant agreements involving any of the
funds awarded hereunder, all such sub - grantees, sub - sub - grantees, etc. are required to repayto theirgrantee(s) all such
unexpended funds, as well as any interest earned by the sub - grantee or sub- sub - grantee on such funds, so that the
Grantee can return those unexpended funds and interest to the Agency within thirty (30) days of the termination or other
end of this Contract. In any event, the Grantee shall be and remain liable to the Agency for the repayment to the Agency
of all grant funds that are unexpended (either by the Grantee or any sub - grantee, sub -sub- grantee, etc.) at the time of the
termination or other end of this Contract, as well as the repayment of any interest earned by the Grantee, sub - grantee or
sub - sub - grantee on such funds at that time.
MS&NCD Form 0009A Grant Cover Sheet
Eff. 912005
Revised 5106, 7107, 8109, 7110, 7111, 7112, 9113, 8114
Page 4 of 15
21. Termination:
Subject to the provisions of paragraph 20 of this Contract, this Contract may be terminated in accordance with the
provisions set forth in Attachment C hereto; however, the reporting, monitoring and audit requirements and provisions of
this Contract shall survive any such termination.
22. Authorized Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
In Witness Whereof, the Grantee and the Agency have executed this Contract in duplicate originals, with one original being
retained by each party.
Cape Fea eum Inc. c% New Hanover County
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Printed Name Title-
ATT ST
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4Fary Public I Date Notafrized
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Prirtt: ° Title
�`' -.°gT .' �' ° r P i •'tl.i•f VU /�.1 ��P� oQ�[JC%�D�iV ,.
I � A,�'Oiloflnq. L�'' , " ent of Commerce
a, ada, . 1� 4"
Shannon H. Hobby Chief Fiscal Officer
Printed Name Title
MS &NCO Form 0009A Grard Cover Sheet
Eff. 912005
Revised 5106, 7/07, 8109, 7/10, 7/11, 7112, 9/13, 8114
Page 5 of 15
Attachment A
Notice of Certain Reporting and Audit Requirements
Grantee shall comply with all the rules and reporting requirements established by statute or administrative rules.
For convenience, the requirements of G.S. 159 -34 are set forth in this Attachment.
§ 159 -34. Annual independent audit; rules and regulations.
(a) Each unit of local government and public authority shall have its accounts audited as soon as possible after the close
of each fiscal year by a certified public accountant or by an accountant certified by the Commission as qualified to
audit local government accounts. When specified by the secretary, the audit shall evaluate the performance of a unit
of local government or public authority with regard to compliance with all applicable federal and State agency
regulations. This audit, combined with the audit of financial accounts, shall be deemed to be the single audit described
by the "Federal Single Audit Act of 1984 ". The auditor shall be selected by and shall report directly to the governing
board. The audit contract or agreement shall (i) be in writing, (ii) include the entire entity in the scope of the audit,
except that an audit for purposes other than the annual audit required by this section should include an accurate
description of the scope of the audit, (iii) require that a typewritten or printed report on the audit be prepared as set
forth herein, (iv) include all of its terms and conditions, and (v) be submitted to the secretary for his approval as to
form, terms, conditions, and compliance with the rules of the Commission. As a minimum, the required report shall
include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures
in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The
audit shall be performed in conformity with generally accepted auditing standards. The finance officer shall file a copy
of the audit report with the secretary, and shall submit all bills or claims for audit fees and costs to the secretary for his
approval. Before giving his approval the secretary shall determine that the audit and audit report substantially conform
to the requirements of this section. It shall be unlawful for any unit of local government or public authority to pay or
permit the payment of such bills or claims without this approval. Each officer and employee of the focal government or
local public authority having custody of public money or responsibility for keeping records of public financial or fiscal
affairs shall produce all books and records requested by the auditor and shall divulge such information relating to fiscal
affairs as he may request. If any member of a governing board or any other public officer or employee shall conceal,
falsify, or refuse to deliver or divulge any books, records, or information, with an attempt thereby to mislead the auditor
or impede or interfere with the audit, he is guilty of a Class 1 misdemeanor.
(b) The Local Government Commission has authority to issue rules and regulations for the purpose of improving the
quality of auditing and the quality and comparability of reporting pursuant to this section or any similar section of the
General Statutes. The rules and regulations may consider the needs of the public for adequate information and the
performance that the auditor has demonstrated in the past, and may be varied according to the size, purpose or
function of the unit, or any other criteria reasonably related to the purpose or substance of the rules or regulation.
(c) Notwithstanding any other provision of law, except for Article 5A of Chapter 147 of the General Statutes pertaining to
the State Auditor, all State departments and agencies shall rely upon the single audit accepted by the secretary as the
basis for compliance with applicable federal and State regulations. All State departments and agencies which provide
funds to local governments and public authorities shall provide the Commission with documents that the Commission
finds are in the prescribed format describing standards of compliance and suggested audit procedures sufficient to
give adequate direction to independent auditors retained by local governments and public authorities to conduct a
single audit as required by this section. The secretary shall be responsible for the annual distribution of all such
standards of compliance and suggested audit procedures proposed by State departments and agencies and any
amendments thereto. Further, the Commission with the cooperation of all affected State departments and agencies
shall be responsible for the following:
(1) Procedures for the timely distribution of compliance standards developed by State departments and
agencies, reviewed and approved by the Commission to auditors retained by local governments and
public authorities.
(2) Procedures forthe distribution of single audits for local governments and public authorities such that they
are available to all State departments and agencies which provide funds to local units.
(3) The acceptance of single audits on behalf of all State departments and agencies; provided that, the
secretary may subsequently revoke such acceptance for cause, whereupon affected State departments
and agencies shall no longer rely upon such audit as the basis for compliance with applicable federal and
State regulations. (1971, c. 780, s. 1; 1975, c. 514, s. 15; 1979, c. 402, s. 9; 1981, c. 685, ss. 8, 9; 1987,
c. 287; 1993, c. 257, s. 20; c. 539, s. 1081; 1994, Ex. Sess., c. 24, s. 14(c); 2001 -160, s. 1.)
NGO Forth 0008 Page 8 of 15
Eff. July 1, 2005
Revised 712007, 8/2009, 712010, 712011, 912013
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September 2014
To: State Agency Head and Chief Fiscal Officer
We certify that New Hanover County does not have any overdue tax debts, as defined
by N.C.G.S. 105 - 243.1, at the federal, State, or local level. We further understand that
any person who makes a false statement in violation of N.C.G.S. 1430- 6 -23(c) is guilty
of a criminal offense punishable as provided by N.C.G.S. 1430 -10 -1:
Sworn Statement:
Woody White and Timothy C. Burgess being duly sworn, say that we are the Board
Chair and Assistant County Manager, respectively, of New Hanover County of
Wilmington in the State of North Carolina; and that the foregoing certification is true,
accurate and complete the best of our knowledge and was made and subscribed by
us. We also ackno red a and understand that any misuse of State funds will be
reporte tot npro ria a thorities for further action.
Woody _khfi6, Chairman
i
Timothy 2BurgQp2, Asiistant County Manager
Sworn to and subscribed before me on the day of September, 2014.
230 GOVERNMENT CENTER DRIVE, SUITE 165, WILMINGTON, NORTH CAROLINA 28403
Telephone (910) 798 -7187 - Fax (910) 798 -7410
Website: www,nhc ov.corn
"Underneath it All"
PRIVATE SECTOR CONTRACTS
Attachment C
General Terms and Conditions
DEFINITIONS
Unless indicated otherwise from the context, the following
terms shall have the following meanings in this Contract.
All definitions are from 9 NCAC 3M.0102 unless otherwise
noted. If the rule or statute that is the source of the
definition is changed by the adopting authority, the change
shall be incorporated herein:
(1) "Agency" (as used in the context of the definitions
below) shall mean and include every public office,
public officer or official (State or local, elected or
appointed), institution, board, commission, bureau,
council, department, authority or other unit of
government of the State or of any county, unit,
special district or other political subagency of
government. For other purposes in this Contract,
"Agency' shall mean the entity identified as one of
the parties hereto.
(2) "Audit" means an examination of records or
financial accounts to verify their accuracy.
(3) "Certification of Compliance" means a report
provided by the Agency to the Office of the State
Auditor that states that the Grantee has met the
reporting requirements established by this
Subchapter and included a statement of
certification by the Agency and copies of the
submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North
Carolina State Compliance Supplement,
maintained by the State and Local Government
Finance Agency within the North Carolina
Department of State Treasurer that has been
developed in cooperation with agencies to assist
the local auditor in identifying program compliance
requirements and audit procedures for testing
those requirements.
(5) "Contract" means a legal instrument that is used to
reflect a relationship between the agency, grantee,
and subgrantee.
(6) "Fiscal Year" means the annual operating year of
the non -State entity.
(7) "Financial Assistance" means assistance that non -
State entities receive or administer in the form of
grants, loans, loan guarantees, property (including
donated surplus property), cooperative
agreements, interest subsidies, insurance, food
commodities, direct appropriations, and other
assistance. Financial assistance does not include
amounts received as reimbursement for services
rendered to individuals for Medicare and Medicaid
patient services.
(8) "Financial Statement" means a report providing
financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an
agency, grantee, or subgrantee to carry out
NGO Form 0009B1 Grants General Terms and Conditions- Private Entities
Eff. 912005
Revised 712007, 712012
activities whereby the grantor anticipates no
programmatic involvement with the grantee or
subgrantee during the performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C -6-
23(a)(2): anon -State entity that receives a grant of
State funds from a State agency, department, or
institution but does not include any non -State
entity subject to the audit and other reporting
requirements of the Local Government
Commission. For other purposes in this Contract,
"Grantee" shall mean the entity identified as one of
the parties hereto.
(1 1)"G rantor" means an entity that provides resources,
generally financial, to another entity in order to
achieve a specified goal or objective.
(12) "Non -State Entity" has the meaning in N.C.G.S.
143C- 1- 1(d)(18): Any of the following that is not a
State agency: An individual, a firm, a partnership,
an association, a county, a corporation, or any
other organization acting as a unit. The term
includes a unit of local government and public
authority.
(13) "Public Authority" has the meaning in N.C.G.S.
143C- 1- 1(d)(22): A municipal corporation that is
not a unit of local government or a local
governmental authority, board, commission,
council, or agency that (i) is not a municipal
corporation and (ii) operates on an area, regional,
or multiunit basis, and the budgeting and
accounting systems of which are not fully a part of
the budgeting and accounting systems of a unit of
local government.
(14) "Single Audit" means an audit that includes an
examination of an organization's financial
statements, internal controls, and compliance with
the requirements of Federal or State awards.
(15) "Special Appropriation" means a legislative act
authorizing the expenditure of a designated
amount of public funds for a specific purpose.
(16) "State Funds" means any funds appropriated by
the North Carolina General Assemblyor collected
by the State of North Carolina. State funds
include federal financial assistance received by
the State and transferred or disbursed to non -
State entities. Both Federal and State funds
maintain their identity as they are subgranted to
other organizations. Pursuantto N.C.G.S. 143C -6-
23(a)(1), the terms "State grant funds" and "State
grants" do not include any payment made by the
Medicaid program, the Teachers' and State
Employees' Comprehensive Major Medical Plan,
or other similar medical programs.
(17) "Subgrantee" has the meaning in G.S. 143C -6-
23(a)(3): a non -State entity that receives a grant
of State funds from a grantee or from another
Page 8 of 15
subgrantee but does not include any non -State
entity subject to the audit and other reporting
requirements of the Local Government
Commission.
(18)" Unit of Local Government has the meaning in
G.S. 143C- 1- 1(d)(29): A municipal corporation
that has the power to levy taxes, including a
consolidated city- county as defined by G.S. 1606-
2(1), and all boards, agencies, commissions,
authorities, and institutions thereof that are not
municipal corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall be
deemed to be an independent contractor in the
performance of this Contract and as such shall be wholly
responsible for the work to be performed and for the
supervision of its employees. The Grantee represents that
it has, or shall secure at its own expense, all personnel
required in performing the services under this agreement.
Such employees shall not be employees of, or have any
individual contractual relationship with, the Agency.
Subcontracting and Subgranting: Any subcontracts or
subgrants entered into by the Grantee with grant funds
shall be subject to all conditions of this Contract. Payment
of all subcontractors and subgrantees shall be the sole
responsibility of the Grantee, and the Agency shall not be
obligated to pay for any work performed by any
subcontractor or subgrantee. The Grantee shall be
responsible for the performance of all subcontractors and
subgrantees and shall not be relieved of any of the duties
and responsibilities of this Contract as a result of entering
into subcontracts or subgrants. Additionally, if said
Grantee subgrants any grant funds pursuant to this
Contract, the Grantee shall submit a copy of its policies
and/or procedures for monitoring subgrantees to the
Agency.
Subgrantees: The Grantee has the responsibility to
ensure that all subgrantees, if any, provide all information
necessary to permit the Grantee to comply with the
standards set forth in this Contract.
Assignment: No assignment of the Grantee's obligations
or the Grantee's right to receive payment hereunder shall
be permitted. However, upon written request approved by
the issuing purchasing authority, the State may:
(a) Forward the Grantee's payment check(s) directly
to any person or entity designated by the Grantee,
or
(b) Include any person or entity designated by
Grantee as a joint payee on the Grantee's
payment check(s).
In no event shall such approval and action obligate the
State to anyone other than the Grantee and the Grantee
shall remain responsible for fulfillment of all contract
obligations.
NGO Form 0009131 Grants General Terms and Conditions- Private Entities
Eff. 912005
Revised 712007, 712092
Beneficiaries: Except as herein specifically provided
otherwise, this Contract shall inure to the benefit of and be
binding upon the parties hereto and their respective
successors. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Contract,
and all rights of action relating to such enforcement, shall
be strictly reserved to the Agency and the named Grantee.
Nothing contained in this document shall give or allow any
claim or right of action whatsoever by any other third
person. It is the express intention of the Agency and
Grantee that any such person or entity, other than the
Agency or the Grantee, receiving services or benefits
under this Contract shall be deemed an incidental
beneficiary only.
Indemnity and Insurance
Indemnification: The Grantee agrees to indemnify and
hold harmless the Agency, the State of North Carolina, and
any of their officers, agents and employees, from any
claims of third parties arising out of any act or omission of
the Grantee in connection with the performance of this
Contract.
Insurance: During the term of the contract, the Grantee at
its sole cost and expense shall provide commercial
insurance of such type and with such terns and limits as
may be reasonably associated with the contract. As a
minimum, the Grantee shall provide and maintain the
following coverage and limits:
(a) Worker's Compensation - The grantee shall
provide and maintain Worker's Compensation
Insurance as required by the laws of North
Carolina, as well as employer's liability coverage
with minimum limits of $500,000.00, covering all of
Grantee's employees who are engaged in any
work under the contract. If any work is sublet, the
Grantee shall require the subgrantee to provide
the same coverage for any of his employees
engaged in any work under the contract.
(b) Commercial General Liability - General Liability
Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of
$1,000,000.00 Combined Single Limit. (Defense
cost shall be in excess of the limit of liability.)
(c) Automobile - Automobile Liability insurance, to
include liability coverage, covering all owned,
hired and non -owned vehicles used in
performance of the contract. The minimum
combined single limit shall be $500,000.00 bodily
injury and property damage; $500,000.00
uninsured /under insured motorist; and $25,000.00
medical payment.
Providing and maintaining adequate insurance coverage is
a material obligation of the Grantee and is of the essence
of this Contract. The Grantee may meet its requirements
of maintaining specified coverage and limits by
demonstrating to the Agency that there is in force
insurance with equivalent coverage and limits that will offer
Page 9 of 16
at least the same protection to the Agency. All such
insurance shall meet all laws of the State of North
Carolina. Such insurance coverage shall be obtained from
companies that are authorized to provide such coverage
and that are authorized by the Commissioner of Insurance
to do business in North Carolina. The Grantee shall at all
times comply with the terms of such insurance policies,
and all requirements of the insurer under any such
insurance policies, except as they may conflict with
existing North Carolina laws or this Contract. The limits of
coverage under each insurance policy maintained by the
Grantee shall not be interpreted as limiting the grantee's
liability and obligations under the contract.
Default and Termination
Termination by Mutual Consent: The Parties may
terminate this Contract by mutual consent with 60 days
notice to the other party, or as otherwise provided by law.
Termination for Cause: If, through any cause, the
Grantee shall fail to fulfill its obligations underthis Contract
in a timely and proper manner, the Agency shall have the
right to terminate this Contract by giving written notice to
the Grantee and specifying the effective date thereof. In
that event, all finished or unfinished deliverable items
prepared by the Grantee under this Contract shall, at the
option of the Agency, become its property and the Grantee
shall be entitled to receivejust and equitable compensation
for any satisfactory work completed on such materials,
minus any payment or compensation previously made.
Notwithstanding the foregoing provision, the Grantee shall
not be relieved of liability to the Agency for damages
sustained by the Agency by virtue of the Grantee's breach
of this agreement, and the Agency may withhold any
payment due the Grantee for the purpose of setoff until
such time as the exact amount of damages due the
Agency from such breach can be determined. The filing of
a petition for bankruptcy by the Grantee shall be an act of
default under this Contract.
Waiver of Default: Waiver by the Agency of any default
or breach in compliance with the terms of this Contract by
the Grantee shall not be deemed a waiver of any
subsequent default or breach and shall not be construed to
be modification of the terms of this Contract unless stated
to be such in writing, signed by an authorized
representative of the Agency and the Grantee and
attached to the contract.
Availability of Funds: The parties to this Contract agree
and understand that the payment of the sums specified in
this Contract is dependent and contingent upon and
subject to the appropriation, allocation, and availability of
funds for this purpose to the Agency.
Force Majeure: Neither party shall be deemed to be in
default of its obligations hereunder if and so long as it is
prevented from performing such obligations by any act of
war, hostile foreign action, nuclear explosion, riot, strikes,
NGO Form 0009B1 Grants General Terms and Conditions - Private Entities
Eff. 912005
Revised 712007, 712012
civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract
expiration or termination date unless specifically provided
otherwise herein, or unless superseded by applicable
federal or State statutes of limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: Any
deliverable items produced for use by the Agency pursuant
to this Contract are the exclusive property of the Agency.
The Grantee shall not assert a claim of copyright or other
property interest in such deliverables.
Federal Intellectual Property Bankruptcy Protection
Act: The Parties agree that the Agency shall be entitled to
all rights and benefits of the Federal Intellectual Property
Bankruptcy Protection Act, Public Law 100 -506, codified at
11 U.S.C. 365 (n) and any amendments thereto.
Compliance with Applicable Laws
Compliance with Laws: The Grantee shall comply with
all laws, ordinances, codes, rules, regulations, and
licensing requirements that are applicable to the conduct of
its business, including those of federal, state, and local
agencies having jurisdiction and/or authority.
Equal Employment Opportunity: The Grantee shall
comply with all federal and State laws relating to equal
employment opportunity.
Confidentiality
Confidentiality: To the extent that any information or
documents provided to the Agency by or on behalf of the
Grantee, or to the Grantee by or on behalf of the Agency,
would be regarded as confidential or not subject to
disclosure under federal law or the North Carolina General
Statutes (to include, without limitation, N.C. Gen. Stat. §§
132 -1 et seq., commonly referred to as the "Public Records
Act "), the party providing the information or documents
shall clearly identify and mark it or them as such and that
information or those documents will, to the extent allowed
by law, be treated as confidential and not subject to
disclosure by party receiving it. To the extent the Agency
provides information to the Grantee concern ing confidential
and unannounced business location orexpansion projects,
the Grantee agrees to keep such information confidential
until such time as the Agency releases that information to
the public. The Grantee has read and understands North
Carolina's laws regarding the treatment of public records
and confidential information. Anything that qualifies as a
trade secret under North Carolina law must be designated
as "confidential" or 'trade secret" at the time of initial
Page 10 of 15
disclosure to the Agency, or it is considered a public record
under State law.
Oversight
Access to Persons and Records: The State Auditor
shall have access to persons and records as a result of all
contracts or grants entered into by State agencies or
political subdivisions in accordance with N.C.G.S. 147-
64.7. Additionally, as the State funding authority, the
Agency shall have access to persons and records as a
result of all contracts or grants entered into by State
agencies or political subdivisions.
Record Retention: The Grantee will comply with State
basic records retention policy standards. State basic
records retention policy requires all grant records to be
retained for a minimum of five years or until all audit
exceptions have been resolved, whichever is longer. If the
contract is subject to federal policy and regulations, record
retention may be longer than five years since records must
be retained fora period of three years following submission
of the final Federal Financial Status Report, if applicable,
or three years following the submission of a revised final
Federal Financial Status Report. Also, if any litigation,
claim, negotiation, audit, disallowance action, or other
action involving this Contract has been started before
expiration of the five -year retention period described
above, the records must be retained until completion of the
action and resolution of all issues which arise from it, or
until the end of the regular five -year period described
above, whichever is later.
Miscellaneous
Choice of Law. The validity of this Contract and any of its
terms or provisions, as well as the rights and duties of the
parties to this Contract, are governed by the laws of North
Carolina. The Grantee, by signing this Contract, agrees
and submits, solely for matters concerning this Contract, to
the exclusive jurisdiction of the courts of North Carolina
and agrees, solely for such purpose, that the exclusive
venue for any legal proceedings shall be Wake County,
North Carolina. The place of this Contract and all
transactions and agreements relating to it, and their situs
and forum, shall be Wake County, North Carolina, where
all matters, whether sounding in contract or tort, relating to
the validity, construction, interpretation, and enforcement
shall be determined.
Amendment: This Contract may not be amended orally or
by performance. Any amendment must be made in written
form and executed by duly authorized representatives of
the Agency and the Grantee.
NGO Form 000981 Grants General Terms and Conditions- Private Entities
Eff. 912005
Revised 712007, 712012
Severability: In the event that a court of competent
jurisdiction holds that a provision or requirement of this
Contract violates any applicable law, each such provision
or requirement shall continue to be enforced to the extent it
is not in violation of law or is not otherwise unenforceable
and all other provisions and requirements of this Contract
shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the
meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this Contract.
Certification Regarding Collection of Taxes: N.C.G.S.
143 -59.1 bars the Secretary of Administration from
entering into contracts with vendors that meet one of the
conditions of N.C.G.S. 105- 164.8(b) and yet refuse to
collect use taxes on sales of tangible personal property to
purchasers in North Carolina. The conditions include: (a)
maintenance of a retail establishment or office; (b)
presence of representatives in the State that solicit sales or
transact business on behalf of the vendor; and (c)
systematic exploitation of the market by media- assisted,
media - facilitated, or media - solicited means. The Grantee
certifies that it and all of its affiliates (if any) collect all
required taxes.
Care of Property: The Grantee agrees that it shall be
responsible for the proper custody and care of any
property furnished to it for use in connection with the
performance of this Contract and will reimburse the
Agency for loss of, or damage to, such property. At the
termination of this Contract, the Grantee shall contact the
Agency for instructions as to the disposition of such
property and shall comply with these instructions.
Travel Expenses: Reimbursement to the Grantee for
travel mileage, meals, lodging and other travel expenses
incurred in the performance of this Contract shall be
reasonable and supported by documentation. State rates
should be used as guidelines.
Sales /Use Tax Refunds: If eligible, the Grantee and all
subgrantees shall: (a) ask the North Carolina Department
of Revenue for a refund of all sales and use taxes paid by
them in the performance of this Contract, pursuant to
N.C.G.S. 105 - 164.14; and (b) exclude all refundable sales
and use taxes from all reportable expenditures before the
expenses are entered in their reimbursement reports.
Advertising: The Grantee shall not use the award of this
Contract as a part of any news release or commercial
advertising.
Page 11 of 15
Attachment D
Annual Budget
Before it will be possible to finalize this award and make any disbursement, you are required to provide to the Department
of Commerce Fiscal Management Division a detailed description and timeline for how the organization will spend the
amount of funding allocated for the specific purpose as stated in the grant contract as follows:
Below are general expenditure descriptions that can serve as a guide for preparing the organization's annual budget.
Please add or delete expenditure captions for clarity if needed. The Annual Budget must be signed by the Board
Chairman and the Board Treasurer or Other Authorizing Official.
The Following Annual Budget is for the time period beginning July 1, 2014 and ending June 30, 2015.
EXPENDITURE DESCRIPTION AMOUNT
PERSONAL SERVICES
$
Salaries & Wages
$53,940
Fringe Benefits
$19,643
Other Personal Services
$
PURCHASED SERVICES
$
Travel
$
Communications /Data Processing
$
Postage /Freight/Deliveries
$
Printing /Advertising
$
Repairs /Maintenance /Utilities
$
Contracted Services
$ 5,680
Other Services
$
SUPPLIES & MATERIALS
General Administrative Supplies
$ 5,077
Other Administrative Expenses
$
FIXED CHARGES & EXPENSES
Rent/Leases
$
Insurance /Bonding
$
Other Fixed Charges /Expenses
$
CAPITAL OUTLAY
Office Equipment
$
Office Furniture
$
Building /Other Structuresllmprovements
$
Land
$
Motor Vehicles
$
Other Capital Outlay
$
GRANTS
Grants to Other Entities (Sub- Awards)
$
DEBT SERVICE
Principal Payments
$
Interest Payments
$
OTHER EXPENDITURES
Other Expenditures
$
TOTAL BUDGETED EXPENDITURES
$84,340
Attachment E
Session Law 2013 -360, Senate Bill 402 Section 15.12
LEAD/DEVELOP STANDARDIZED PERFORMANCE METRIC FOR NONPROFITS
SECTION 15.12. The Department of Commerce, Labor and Economic Analysis Division (LEAD), shall develop a standardized
performance metric to evaluate whether a nonprofit allocated State funds by the Department in the 2013 -2015 biennium has
achieved its own goals or performance standards. The metric shall include standards for determining whether jobs were
actually created, grants were awarded, or loans were made. The information obtained as a result of the metric shall be used by
the General Assembly in determining whether to fund the nonprofits in future fiscal years. In order to be eligible to receive
State funds, each nonprofit surveyed shall provide to LEAD any information requested to help develop the metric provided for
in this section.
Page 13 of 15
Attachment F
Session Law 2014 -100, Senate Bill 7 Section' 5.19
GRASSROOTS SCIENCE PROGRAM
SECTION 15.19. Section 15.25A of S.L. 2013 -360 reads as rewritten:
SECTION 15.25A.(a) Of the funds appropriated in this act to the Department of Commerce for State -Aid, the sum of two
million three hundred forty -seven thousand seven hundred eighty -two dollars ($2,347,782) for the 2013 -2014 fiscal year and
the sum of two million four
hundred forty-eight thousand four hundred twen -nine dollars ($2,448,429) for the 2014 -2015 fiscal year are allocated as-
grants-in-aid for each fiscal year as follows.
III Tem -
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Page 14 of 15
2013 -2014
2014 -2015
Aurora Fossil Museum
$61,821
$64,921 $60,526
Cape Fear Museum
$85,248
$85,248 $84,340
Carolina Raptor Center
$74,916
$74;846 $76,365
Catawba Science Center
$93,041
$93,041 $93,328
Colburn Earth Science Museum, Inc.
$62,547
$62,64r 7 $62,426
Cowan Museum of History and Science
$58,000
Core Sound Waterfowl Museum
$67,395
$67,395 $66,761
Discovery Place
$261,617
$27 $254,746
Eastern NC Regional Science Center
$59,587
$59,587 $59,637
Fascinate -U
$65,616
$66,6!16 $65,792
Granville County Museum Commission, Inc. -
Harris Gallery
$60,651
$60;654 $61,068
Greensboro Children's Museum
$83,375
$83;76 $79,322
Hands On! -A Child's Gallery
$58,000
The Health Adventure Museum of Pack Place
Education, Arts and Science Center, Inc.
$73,352
$7352 $0
Highlands Nature Center
$62,816
$62,81.6 $62,887
Imagination Station
$67,588
$67,588 $65,349
The Iredell Museums, Inc.
$61,013
$6043 $60,720
Kidsenses
$65,233
$66,233 $64,967
Marbles Kids Museum
$58,000
Museum of Coastal Carolina
$65,454
$65,454 $66,591
The Natural Science Center of Greensboro,
Inc.
$116,532
$116,532 $115,410
North Carolina Estuarium
$58,000
$58,000 $62,359
North Carolina Museum of Life and Science
$203,545
197,983
Pisgah Astronomical Research institute
$74,925
$74;925 $83,281
Port Discover: Northeastern North Carolina's
Center for Hands -On Science, Inc.
$60,610
$60,6i 0 $60,248
Rocky Mount Children's Museum
$66,463
$66,463 $67,464
Schiele Museum of Natural History and
Planetarium, Inc.
$100,990
$500,990 $107,868
Sci Works Science Center and Environmental
Park of Forsyth County
$83,725
$8326 $84,336
Sylvan Heights Waterfowl Park and Eco-
Center
$69,864
$69,664 $68,981
Western North Carolina Nature Center
$74,973
$74,973 $72,400
Wilmington Children's Museum
$66,684
$66684 $69,274
Total
$2,347,782
$2,448,429
III Tem -
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Page 14 of 15
Attachment G
Session Law 2013 -360, Senate Bill 402 Section 15.25A.(b)- 15.25A.(e)
SECTION 15.25A.(b) No later than March 1, 2014, the Department of Commerce shall report to the Fiscal Research
Division all of the following information for each museum that receives funds under this section:
(1) The actual operating budget for the 2012 -2013 fiscal year.
(2) The proposed operating budget for the 2013 -2014 fiscal year.
(3) The total attendance at the museum during the 2013 calendar year.
SECTION 15.25A.(c) No later than March 1, 2015, the Department of Commerce shall report to the Fiscal Research
Division all of the following information for each museum that receives funds under this section:
(1) The actual operating budget for the 2013 -2014 fiscal year.
(2) The proposed operating budget for the 2014 -2015 fiscal year.
(3) The total attendance at the museum during the 2014 calendar year.
SECTION 15.25A.(d) As a condition for qualifying to receive funding under this section, all of the following documentation
shall, no later than November 1 of each year of the 2013 -2015 fiscal biennium, be submitted for each museum under this
section to the Department of Commerce for the fiscal year that most recently ended, and only those costs that are property
documented under this subsection are allowed by the Department in calculating the distribution of funds under this section:
(1) Each museum under this section shall submit its IRS (Internal Revenue Service) Form 990 to show its annual
operating expenses, its annual report, and a reconciliation that explains any differences between expenses as shown
on the IRS Form 990 and the annual report.
(2) Each friends association of a museum underthis section shall submit its IRS Form 990 to show its reported expenses
for the museum, its annual report, and a reconciliation that explains any differences between expenses as shown on
the IRS Form 990 and the annual report, unless the association does not have both an IRS Form 990 and an annual
report available; in which case, it shall submit either an IRS Form 990 or an annual report.
(3) The chief financial officer of each county or municipal government that provides funds forthe benefit of the museum
shall submit a detailed signed statement of documented costs spent for the benefit of the museum that includes
documentation of the name, address, title, and telephone number of the person making the assertion that the museum
receives funds from the county or municipality for the benefit of the museum.
(4) The chief financial officer of each county or municipal government or each friends association that provides indirect or
allocable costs that are not directly charged to a museum under this section but that benefit the museum shall submit
in the form of a detailed statement enumerating each cost by type and amount that is verified by the financial officer
responsible for the completion of the documentation and that includes the name, address, title, and telephone number
of the person making the assertion that the county, municipality, or association provides indirect or allocable costs to
the museum.
SECTION 15.25A.(e) As used in subsection (d) of this section, "friends association" means a nonprofit corporation
established for the purpose of supporting and assisting a museum that receives funding under this section.
Page 15 of 15
OSBM —10/07
REQUEST FOR PAYMENT OF APPROPRIATION(S) FROM NORTH CAROLINA GENERAL FUND
(SEE LETTER ENCLOSED)
2014 -15 Allocation: $ 84,340
Purpose: Grassroots Science Museums Collaborative appropriation for Cape Fear Museum
Part A. TO BE COMPLETED BY ALL RECIPIENTS
1. Contact's Name: Lisa Wurtzbacher Telephone: 910 -798 -7187
2. Contact's Position in Organization: Finance Director
3. Federal Identification Number 56- 6000324
4. Kind of Organization: Corporation Trust Partnership Government X
Unincorporated Association Other
5. Match Required (Circle One): Ye o On a to basis.
If matching is required, is cash snatch in hand? Yes No
If the required match is not in hand, by what date and from what source does the organization expect to have the cash
match?
6. Fiscal Year of Non -State Entity (e.g. year ending June 30, December 31, other) June 30
Part B. TO BE COMPLETED BY ALL NON - GOVERNMENTAL RECIPIENTS
1. Please enclose the following:
a. Articles of Incorporation and by -laws, trust indenture, partnership agreement, etc.
b. List of Board of Directors /Trustees.
c. Policy addressing conflicts of interest.
d. Sworn Statement of no overdue tax debts.
Part C. TO BE COMPLETED BY ALL RECIPIENTS. FORM MUST BE NOTARIZED
Department of Commerce
Fiscal Management Division
Pat McCrory, Governor
August 20, 2014
Chris Coudriet, County Manager
Cape Fear Museum, Inc.
c/o New Hanover County
230 Government Center Drive, Suite 195
Wilmington, NC 28403
RE: Cape Fear Museum, Inc. c/o New Hanover County
FY 2014 -15 Appropriation $84,340
Dear Mr. Coudriet:
Sharon Allred Decker,
U XX
During the recent 2014 Legislative Session, Senate Bill 744 appropriated funds in the amount of $84,340 to
the Cape Fear Museum, Inc. c/o New Hanover County for fiscal year 2014 -15.
Specific instructions have been given to us from the Office of State Budget and Management and the
legislation relative to the manner in which these funds are to be accounted for by the recipient organization.
Enclosed is information explaining these procedures along with two original contracts for FY 2014 -15, a
"Request for Payment of Appropriation(s) from the North Carolina General Fund" (electronic copy available if
desired), and a copy of the North Carolina Administrative Code (NCAC) Subchapter 03M. We require that
one original contract be signed, notarized and returned to the Department of Commerce at the address listed
on page 3 of the contract prior to funds being released and the second contract should be kept for your
records. Additionally, upon the return of a completed Request for Payment Form with required
documentation, your request for the appropriate portion of the funding can be processed.
Please refer to http://www.ncqa.state.no.iis/homePage.pI and his:lAuww .ncgrants.gov /NCGrants /Home.Osp
for additional information referencing your appropriation and reporting requirements to the NC Department of
Commerce, Joint Legislative Commission on Governmental Operations, Office of the State Auditor, and the
Fiscal Research Division.
The lump sum base budget allocation for the Cape Fear Museum, Inc. c/o New Hanover County will be
$84,340. Upon receipt of a completed appropriation request form, we will issue a disbursement.
301 North Wilmington Street•4302 Mail Service Center+Raleigh, North Carolina 27699 -4302
Tel: (919) 733- 5940•Fax: (919) 733 -8802
An Equal Opportunity /Affirmative Action Employer
Part B of the enclosed Request for Payment Form requires:
(a) Articles of Incorporation and by -laws, trust indenture, partnership agreement, etc.
(b) List of Board of Directors/Trustees.
(c) Letters of tax exempt status from the Internal Revenue Service.
(d) Policy addressing Conflicts of Interest. (DUE ANNUALLY)
(e) Sworn Statement stipulating that there are no overdue tax debts owed by the grantee.
Request for Payment of Appropriation(s) from the North Carolina General Fund forms should be mailed to:
Monique M. Johnson
Department of Commerce
Division of Fiscal Management
4302 Mail Service Center
Raleigh, NC 27699
If you have any questions, or if we may assist you in complying with these procedures, please contact me at
(919) 715 -5603 or Monique Johnson at (919) 715 -6978.
Sincerely,
U 1� a ~ 11
Shannon H. Hobby, CFO
cc: John Hoomani, General Counsel and Chief of Staff
Donna Barnes, Budget Officer
Celia Cox, OSBM
301 North Wilmington Street•4302 Mail Service Center - Raleigh, North Carolina 27699 -4302
Tel: (919) 733- 5940•Fax: (919) 733 -8802
An Equal Opportunity/Affirmative Action Employer
SUBCHAPTER 03M — UNIFORM ADMINISTRATION OF STATE GRANTS
SECTION .0100 - ORGANIZATION AND FUNCTION
09 NCAC 03M.0101 PURPOSE
Pursuant to G.S. 1430 -6 -23, the rules in this Subchapter establish reporting requirements for non -State entities that
receive, use, or expend State funds and ensure the uniform administration of State grants by all grantor State agencies,
grantee, and subgrantees.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Eff. July 1, 2005;
Amended Ef .. October 1, 2007,
09 NCAC 03M.0102 DEFINITIONS
As used in this Subchapter:
(1) "Agency" shall mean and include every public office, public officer or official (State or local, elected
or appointed), institution, board, commission, bureau, council, department, authority or other unit of
government of the State or of any county, unit, special district or other political subdivision of
government.
(2) "Audit" means an examination of records or financial accounts to verify their accuracy.
(3) "Certification of Compliance" means a report provided by the grantor agency to the Office ofthe State
Auditor that states that the grantee has met the reporting requirements established by this Subchapter
and included a statement of certification by the grantor agency and copies of the submitted grantee
reporting package.
(4) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by
the State and Local Government Finance Division within the North Carolina Department of State
Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying
program compliance requirements and audit procedures for testing those requirements.
(5) "Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee,
and subgrantee.
(6) "Fiscal Year" means the dnnual operating year of the non -State entity.
(7) "Financial Assistance" means assistance that non -State entities receive or administer in the form of
grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements,
interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial
assistance does not include amounts received as reimbursement for services rendered to individuals for
Medicare and Medicaid patient services.
(8) "Financial Statement" means a report providing financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an agency, grantee, or subgrantee to carry out activities
whereby the grantor anticipates no programmatic involvement with the grantee or subgrantee during
the performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C- 6- 23(a)(2).
(11) "Grantor" means an entity that provides resources, generally financial, to another entity in order to
achieve a specified goal or objective.
(12) "Non -State Entity" has the meaning in G.S. 143C- 1- 1(d)(18).
(13) "Public Authority" has the meaning in G.S. 159- 7(10).
(14) "Single Audit" means an audit that includes an examination of an organization's financial statements,
internal controls, and compliance with the requirements of Federal or State awards.
(15) "Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of
public funds for a specific purpose.
(16) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by
the State of North Carolina. State funds include federal financial assistance received by the State and
transferred or disbursed to non -State entities. Both Federal and State funds maintain their identity as
they are subgranted to other organizations.
(17) "Subgrantee" has the meaning in G.S. 143C- 6- 23(a)(3).
(18) "Unit of Local Government" has the meaning in G.S. 159 - 7(15).
(2) $25,000 up to $500,000 - A grantee that receives, uses, or expends State funds in an amount of at least
twenty -five thousand ($25,000) and up to five hundred thousand dollars ($500,000) within its fiscal
year must comply with the reporting requirements established by this Subchapter including:
(A) A certification completed by the grantee Board and management stating that the State funds
were received, used, or expended for the purposes for which they were granted;
(B) An accounting of the State funds received, used, or expended; and
(C) A description of activities and accomplishments undertaken by the grantee with the State
funds.
All reporting requirements shall be filed with the funding agency within six months after the end of the
grantee's fiscal year in which the State funds were received.
(3) Greater than $500,000 — A grantee that receives, uses, or expends State funds and in the amount
greater than five hundred thousand dollars ($500,000) within its fiscal year must comply with the
reporting requirements established by this Subchapter including:
(A) A certification completed by the grantee Board and management stating that the State funds
were received, used, or expended for the purposes for which they were granted;
(B) An audit prepared and completed by a licensed Certified Public Accountant for the grantee
consistent with the reporting requirement of this Subchapter; and
(C) A description of activities and accomplishments undertaken by the grantee with the State
funds.
All reporting requirements shall be filed with both the funding agency and the Office of the State
Auditor within nine months :after the end of the grantee's fiscal year in which the State funds were
received.
(b) Unless prohibited by law, the costs of audits made in accordance with the provisions of this rule are allowable
charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as
determined in accordance with cost principles outlined in the Office of Budget and Management (OMB) Circular A -87.
The cost of any audit not conducted in accordance with this Subchapter is unallowable and shall not be charged to State
or Federal grants.
(c) The audit requirements in this Subchapter do not replace a request for submission of audit reports by grantor agencies
in connection with requests for direct appropriation of state aid by the General Assembly.
(d) Notwithstanding the provisions of this Subchapter, a grantee may satisfy the reporting requirements of Part (a)(3)(B)
of this Rule by submitting a copy of the report required under the federal law with respect to the same funds.
(e) All grantees and subgrantees shall use the forms of the Office of State Budget and Management and of the Office of
the State Auditor in making reports to the awarding agencies and the Office of the State Auditor.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Eff. July 1, 2005.
SECTION .0300 - RESPONSIBILITIES OF THE OFFICE OF THE STATE CONTROLLER `
09 NCAC 03M.0301 OFFICE OF THE STATE CONTROLLER RESPONSIBILITIES
All grantees receiving State funds shall enter into a disbursing agreement with the Office of the State Controller in
accordance with G.S. 143B- 426.39 and G.S. 143B- 426.40G.
History Note: Authority G.S. 143C-6 -22; 143C 6 -23;
Eff, July 1, 2005;
Amended Eff. October 1, 2007.
SECTION .0400 - RESPONSIBILITIES OF AGENCIES
09 NCAC 03M.0401 AGENCY RESPONSIBILITIES
(a) An agency that receives State funds and disburses those funds to a grantee shall:
(1) Notify each grantee, at the time the grant is made, of the purpose of the grant and the reporting
requirements established in this Subchapter.
(2) Prior to disbursing any grant funds:
(5) Submit a list to the Office of State Budget and Management by January 3191 of each year; of each
grantee that received State funds in the prior fiscal year including the status of grantee compliance with
the reporting requirements.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Eff. July 1, 2005.
SECTION .0600 - RESPONSIBILITIES OF THE OFFICE OF STATE BUDGET AND MANAGEMENT
09 NCAC 03M.0601 OFFICE OF STATE BUDGET AND MANAGEMENT RESPONSIBILITIES
The Office of State Budget and Management shall:
(1) Provide consultation to agencies as to whether grantees have complied with the required reporting
requirements.
(2) Consult with agencies to ensure that all grantees found in noncompliance have their funding ceased
immediately upon that determination and ensure that no further funding will be provided until the
grantee is in compliance.
(3) Maintain a Suspension of Funding list readily accessible to any interested party that identifies any
grantee found in noncompliance. This list shall serve as notice to other agencies that no further State
grant funding may be provided to that grantee.
(4) Maintain a Community Resources Information System database to record grant documentation
required by this Subchapter.
(5) In conjunction with the grantor agency, ensure reporting requirements have been met prior to the
removal of any grantee from the Suspension of Funding listing. A grantee found in noncompliance
may appeal to the Office of State Budget and Management for corrective action and reinstatement
from the Suspension of Funding list. Once removed from the Suspension of Funding list, the grantee
is eligible for current and future grants of State funds.
(6) Take administrative action, when the Director of Budget finds that the grantee has spent or
encumbered State funds for an unauthorized purpose, which includes reporting criminal violations to
the Attorney General and the State Bureau of Investigation.
(7) If the grant funds are a pass - through of funds granted by an agency of the United States, consult with
the granting agency of the United States and the State agency that is the recipient of the pass - through
funds prior to taking actions authorized by this Subchapter.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Ejf. July 1, 2005.
SECTION .0700 - CONTRACTING, MONITORING, AND OVERSIGHT
09 NCAC 03M.0701 GRANT DOCUMENTATION
In consideration of receiving State funds, the grantee shall sign a contract with the agency that shall contain the
obligations of both parties. Prior to disbursing any State funds, each agency shall sign a contract with the grantee
requiring compliance with the rules in this Subchapter. The requirements of this Rule shall also be applicable to all
subgrantee relationships.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Ef. July 1, 2005.
09 NCAC 03M.0702 SUBORDINATION OF OTHER CONTRACTS AGREEMENTS
No contract agreements shall act to eliminate or diminish the requirements contained in this Subchapter.
History Note: Authority G.S. 143C -6 -22, 143C -6 -23;
E. f .. July 1, 2005.
09 NCAC 03M.0703 REQUIRED CONTRACT PROVISIONS
Each contract agreement shall contain:
(5) Evaluate the impact of subgrantee activities on the agency's ability to comply with applicable State
rules.
(6) Evaluate the results and outcomes of the activities and accomplishments ofthe grantee or subgrantee to
determine if results were achieved, the success of the activity, and whether the project activities should
continue.
History Note: Authority G.S. 1430 -6 -22; 143C -23;
Eff. July 1, 2005,
SECTION .0800 - SANCTIONS
09 NCAC 03M.0801 NONCOMPLIANCE WITH RULES
(a) When a non -State entity does not comply with the requirements of this Subchapter, the agency shall take measures to
ensure that the requirements are met including:
(1) communicating the requirements to the non -State entity;
(2) requiring a response from the non -State entity upon a determination of noncompliance; and
(3) suspend payments to the non -State entity until the non -State entity is incompliance.
(b) Prior to disbursing any State funds, the grantor agency shall verify that the grantee has complied with the reporting
requirements for the most recent applicable reporting period. The agency shall consult with the Office of State Budget
and Management during this verification process. A grantor agency shall not disburse funds to any grantee that has been
determined by the grantor agency to be noncompliant with the reporting requirements established by this Subchapter.
(o) If the grantor agency finds that a non -State entity has used State funds for an unauthorized purpose, the grantor agency
shall report such findings to the Attorney General, the Office of the State Budget and Management, the Office ofthe State
Auditor, and the Office of the State Controller.
(d) If a grantee has not met the reporting requirements established by this Subchapter and fails to submit revised reports
in accordance with a grantor agency determination letter, the grantor agency shall suspend further payments to the grantee
and report the grantee to the Office of the Stat6' Auditor and the Office of the State Controller.
(e) Each grantor agency shall ensure that grantees and subgrantees have complied with the applicable provisions of this
Subchapter.
History Note: Authority G.S. 1430 -6 -22; 143C -6 -23;
Eff. July 1, 2005.
09 NCAC 03M.0802 RECOVERY OF STATE FUNDS
(a) The Office of State Budget and Management shall be assisted by the Attorney General in the recovery and return of
State funds in the event a grantee or subgrantee:
(1) is unable to fulfill the obligations of the contractual agreement;
(2) is unable to accomplish the purposes of the grant;
(3) is noncompliant with the reporting requirements; or
(4) has inappropriately used the State funds.
(b) Any apparent violations of a criminal law or malfeasance, misfeasance, or nonfeasance in connection with the use of
State funds shall be reported by the Office of State Budget and Management to the Attorney General and State Bureau of
Investigation.
History Note: Authority G.S. 143C -6 -22; 143C -6 -23;
Eff. July 1, 2005.