Common use of Authority and Purpose Clause in Contracts

Authority and Purpose. ‌ (A) Chapter 515 of Title 46 of the United States Code (hereinafter referred to as the “Act”) provides for the State Maritime Academy Support Program; (B) 46 U.S.C. § 51503 and the Administration’s implementing regulations currently 46 CFR Part 310, provides authority for Federal assistance to the Academy; (C) 46 U.S.C. § 51504 and the Administration’s implementing regulations provides authority to the Secretary of Transportation to provide a Training Ship to the Academy and services and support (including, but not limited to, payments for fuel subject to the availability of appropriations) with respect to such Training Ship; (D) 46 U.S.C. § 51505 provides for annual payments to the Academy and requires an agreement between the Administration and the Academy not to exceed four years. The amount of these payments is subject to the availability of appropriations and dependent on the Academy meeting the general requirements of 46 U.S.C. § 51506(a), the specific requirements of 46 U.S.C. § 51506(b), and the Administration’s implementing regulations; (E) 46 U.S.C. § 51509 and the Administration’s implementing regulations provides an opportunity for student incentive payments (SIP) to be made to students attending the Academy, if the Academy has an agreement with the Administration; (F) Under 46 U.S.C. § 51509, SIP students are required to enter into a service obligation agreement with the Administration as a condition for receiving SIP; (G) Chapter 515, as well as other Federal laws, provides for certain requirements regarding courses of instruction and educational standards which the Academy must meet in order to receive the benefits set forth herein; (H) The purpose of this Agreement is to set forth the mutual covenants and agreements the Academy has made as a condition for the receipt of such Federal assistance; (I) The authorities of the Administration to make decisions under the terms of this Agreement have been delegated to the positions as set forth in Article 16 of this Agreement. If any MARAD position title listed in this MOA is eliminated or changed for any reason, including but not limited to MARAD reorganization, it is understood that this MOA will reference the former position title’s successor in authority; and (J) The Administration has determined that, as of the date hereof, the Academy is qualified to enter into this Agreement and perform conditions hereinafter outlined, and is entering into this Agreement to amend and restate its existing agreement with the Academy.