North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 03 - STATE BUDGET AND MANAGEMENT › Subchapter M - UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE › Section .0700 - CONTRACTING, MONITORING, AND OVERSIGHT › Section 03M .0703 - REQUIRED CONTRACT PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to receiving grant funds, the recipient shall sign a
					 contract with the agency that shall contain the obligations of both parties.
					 Prior to disbursing any grant funds, each agency shall sign a contract with the
					 recipient requiring compliance with the rules in this Subchapter. The
					 requirements of this Rule shall also be applicable to all
					 recipient-subrecipient relationships. Each contract agreement shall
					 contain:
(1) A specification of the
				  purpose of the award, services to be provided, objectives to be achieved, and
				  expected results;
(2) The source of
				  funds (such as federal or state) must be identified, including the CFDA number
				  and percentages of each source where applicable.
(3) Account coding information sufficient to
				  provide for tracking of the disbursement through the disbursing agency's
				  accounting system.
(4) Agreement to
				  maintain all pertinent records for a period of five years or until all audit
				  exceptions have been resolved, whichever is longer.
(5) Names of all parties to the terms of the
				  contract. For the recipient or subrecipient, each contract shall contain the
				  employer/tax identification number, address, contact information, and the
				  recipient's or subrecipient's fiscal year end date.
(6) Signatures binding all parties to the
				  terms of the contract.
(7) Duration
				  of the contract, including the effective and termination dates.
(8) Amount of the contract and schedule of
				  payment(s).
(9) Particular duties
				  of the recipient.
(10) Required
				  reports and reporting deadlines.
(11) Provisions for termination by mutual
				  consent with 60 days written notice to the other party, or as otherwise
				  provided by law.
(12) A provision
				  that the awarding of grant funds is subject to allocation and appropriation of
				  funds to the agency for the purposes set forth in the contract.
(13) A provision that requires reversion of
				  unexpended grant funds to the agency upon termination of the
				  contract.
(14) A provision that
				  requires compliance with the requirements set forth in this Subchapter,
				  including audit oversight by the Office of the State Auditor, access to the
				  accounting records by both the funding entity and the Office of the State
				  Auditor, and availability of audit work papers in the possession of any auditor
				  of any recipient of State funding.
(15) A clause addressing assignability and
				  subcontracting, including the following:
(a)
				  The recipient or subrecipient is not relieved of any of the duties and
				  responsibilities of the original contract.
(b) The subrecipient agrees to abide by the
				  standards contained in this Subchapter and to provide information in its
				  possession that is needed by the recipient to comply with these
				  standards.