BACKGROUND AND INTRODUCTION. The Federal-aid Highway Program (FAHP) is a federally-assisted program of State-selected projects. The Federal Highway Administration (FHWA) and the State Departments of Transportation have long worked as partners to deliver the FAHP in accordance with Federal requirements. In enacting 23 U.S.C. 106(c), as amended, Congress recognized the need to give the States more authority to carry out project responsibilities traditionally handled by FHWA. Congress also recognized the importance of a risk-based approach to FHWA oversight of the FAHP, establishing requirements in 23 U.S.C. 106(g). This Stewardship and Oversight (S&O) Agreement sets forth the agreement between the FHWA and the State of Florida Department of Transportation (FDOT) on the roles and responsibilities of the FHWA and the State DOT with respect to Title 23 project approvals and related responsibilities, and FAHP oversight activities. The scope of FHWA responsibilities, and the legal authority for State DOT assumption of FHWA responsibilities, developed over time. The U.S. Secretary of Transportation delegated responsibility to the Administrator of the FHWA for the FAHP under Title 23 of the United States Code, and associated laws. (49 CFR 1.84 and 1.85) The following legislation further outlines FHWA’s responsibilities: • Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991; • Transportation Equity Act for the 21st Century (TEA-21) of 1998; • Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005; and • Moving Ahead for Progress in the 21st Century Act (MAP-21) of 2012 (P.L. 112-141). The FHWA may not assign or delegate its decision-making authority to a State Department of Transportation unless authorized by law. Xxxxxxx 000 xx Xxxxx 00, Xxxxxx Xxxxxx Code (Section 106), authorizes the State to assume specific project approvals. For projects that receive funding under Title 23, U.S.C., and are on the National Highway System (NHS) including projects on the Interstate System, the State may assume the responsibilities of the Secretary of the U.S. Department of Transportation under Title 23 for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate. (23 U.S.C. 106(c)(1)) For projects under Title 23, U.S.C. that are not on the NHS, the State shall assume the responsibilities for design, plans, specifications, estimate...
BACKGROUND AND INTRODUCTION. GTA is entering into this MSA as part of its “GTA Direct Program”. This program facilitatesthe accelerated procurement of services by allowing eligible entities to contract directly with the qualified Suppliers rather than with GTA. In addition to establishing the GTA DirectProgram and confirming each Supplier's continuing qualification thereunder, GTA will provide governance over the contracts to monitor conformance to the MSA’s scope and terms.
BACKGROUND AND INTRODUCTION. A. This case involves the services, programs, and activities offered to thousands of persons with serious mental illness (“SMI”) in the State of New Hampshire’s mental health system. The State’s mental health system includes the New Hampshire Hospital (“NHH”) in Concord, NH, the Glencliff Home (“Glencliff”) in Benton, NH, and services, programs, and activities at other sites, including but not limited to those offered by the community mental health programs and providers across the state.
B. In 2010 and 2011, the United States investigated the State of New Hampshire’s mental health system to assess compliance with Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., and its implementing regulations, 28 C.F.R. pt. 35, and Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §§ 794 et seq.
C. On April 7, 2011, the United States issued its findings and conclusions in a letter sent to the State of New Hampshire.
D. The New Hampshire Disabilities Rights Center, Inc. (“DRC”) had earlier conducted an investigation of the State’s mental health system and sent its own findings letter to the State on November 2, 2010.
E. On February 9, 2012, six individuals filed a class action Complaint on behalf of themselves and others similarly situated (collectively, “Plaintiffs”), in the United States District Court for the District of New Hampshire, alleging New Hampshire’s administration of its mental health system violates the rights of individuals with SMI under the ADA, 42 U.S.C. §§ 12101 et seq., and the Rehabilitation Act, 29 U.S.C. §§ 794 et seq. In addition, the Plaintiffs alleged that the State and the other Defendant officials (collectively “the State” or “Defendants”) have failed to comply with the requirements of the Nursing Home Reform Act (“NHRA”), 42 U.S.C. §§ 1396r et seq.
F. On March 27, 2012, the United States moved to intervene in the matter as Plaintiff- Intervenor, and on April 4, 2012, the Court granted its motion to intervene.
G. The State denies all violations alleged by the Plaintiffs and the United States. By entering into this Settlement Agreement, the State does not admit to the truth or validity of any claim or allegation made against it by Plaintiffs or the United States. Nothing in this Settlement Agreement shall be construed as an acknowledgement, an admission, or evidence of liability of the State under the ADA, the Rehabilitation Act, or the NHRA, or any federal or state law. This Set...
BACKGROUND AND INTRODUCTION. In enacting section 106(c) of title 23, United States Code (U.S.C.), as amended, Congress established authority for a State department of transportation (State DOT) to carry out certain project responsibilities traditionally handled by the Federal Highway Administration (FHWA) through a delegation from the Secretary of the U.S. Department of Transportation (“Secretary”). The authority in 23 U.S.C. 106(c) applies to projects that are subject to the requirements of title 23, U.S.C. (“title 23”) because the State DOT receives Federal funding or because the State DOT needs an FHWA action for the project even though the project may not use Federal funds. Congress also recognized the importance of a risk-based approach to FHWA oversight of the Federal-aid highway program (FAHP), establishing requirements in 23 U.S.C. 106(g). In addition to assumptions of responsibility, FHWA-State DOT Stewardship and Oversight Agreements cover certain oversight activities relating to the oversight requirements of 23 U.S.C. 106(g). The FHWA may not assign its decision making authority to a State DOT unless authorized by law. The authorities FHWA assigns to a State DOT under 23 U.S.C. 106(c)(1) and (2) are listed in Attachment A of the applicable FHWA-State DOT Stewardship and Oversight Agreement. A decision, determination, or action carried out by a State DOT under the authority of a Stewardship and Oversight Agreement (“Agreement”) does not constitute an eligibility, participation, obligation, reimbursement, authorization, or compliance decision by or for FHWA. For clarity, Attachment A also lists certain other actions FHWA may have allowed a State DOT to undertake based on delegation or assumption provisions in other Federal laws. As noted in those Attachment A listings, a State DOT exercise of those authorities is governed by separate agreements between FHWA and that State DOT. For project responsibilities that are not assumed by a State DOT under 23 U.S.C. 106(c) and are not otherwise delegated or assigned in accordance with another Federal law, FHWA may authorize a State DOT to perform work needed to reach the FHWA decision point, or to implement FHWA’s decision. However, such decisions themselves are reserved to FHWA.
BACKGROUND AND INTRODUCTION. Purpose of the Bowel Cancer Screening Specification
1.1. The purpose of this specification is to ensure that there is a consistent and equitable approach to the provision and monitoring of bowel cancer screening across England.
1.2. This document is designed to outline the service and quality indicators expected by NHS England from the NHS Bowel Cancer Screening Programme (NHSBCSP) in order to ensure that a high standard of service is provided to NHS England’s responsible population. It therefore sets out the specific policies, recommendations, and standards that the NHSBCSP expects services to meet.
1.3. The service specification is not designed to replicate, duplicate, or supersede any relevant legislative provisions which may apply, e.g. the Health and Social Care Act 2008, or the work undertaken by the Care Quality Commission. In the event of new guidance emerging, the specification will be reviewed and amended with as much rapidity as possible, but, where necessary, both NHS England and Service providers should work proactively to agree speedy variations of contract ahead of the production of a revised specification.
1.4. This service specification needs to be read in conjunction with the current NHSBCSP guidance and recommendations. These can be found on the cancer screening programmes website: xxxxx://xxx.xxx.xx/topic/population-screening- programmes Aims, objectives, and health outcomes
1.5. The aim of the NHSBCSP is to reduce mortality from bowel cancer. This will be achieved by delivering evidence-based, population-based screening programmes thati: identify the eligible population and ensure efficient delivery with optimal coverage are safe, effective, of a high quality, externally and independently monitored, and quality assured prevent cancer where possible, and lead to earlier detection, appropriate referral, and improved outcomes are delivered and supported by suitably trained, competent, and qualified, clinical and non-clinical staff who, where relevant, participate in recognized ongoing CME, CPD, and EQA schemes have audit embedded in the service.
1.6. In line with good management practice and experience and in order to ensure appropriate and efficient use of NHS resources, the programme as a whole should: identify and invite those eligible for screening at appropriate intervals provide the invited population with the information they require, in the form in which they require it, so that they are able to make an informed choi...
BACKGROUND AND INTRODUCTION. 1.1. The fees York St Xxxx University will ensure that we invest in delivering an exceptional experience for our students and support delivery of the University’s widening participation and retention aims. The University has a strong reputation for its programme quality, graduate employability and excellent links with business and the professions. The University’s success is demonstrated by the significant growth in demand for places, with a 40% increase in applications in the last two years alone. We will provide additional support to many of our students from lower income backgrounds through fee waivers and scholarships, as well as through outreach and retention activities. This Access plan represents an outstanding set of measures to ensure that access, retention and graduate employment success are delivered.
1.2. York St Xxxx University has a long-standing history of providing educational opportunity to those who would not otherwise enjoy the benefits of an HE experience. This is underpinned within our mission statement. The University “is committed to the provision of excellent, open and progressive higher education that embraces difference, challenges prejudice and promotes justice … Building on this foundation the University commits itself to provide widely-accessible opportunities for lifelong learning, underpinned by scholarship and research.”
1.3. The University is either on or above benchmark in most key performance indicators relating to widening participation and has a track record in both continuation and completion rates amongst its students.
1.4. York St Xxxx has a distinctive role as a provider of learning opportunities for a wide range of audiences in its region and is an effective partner in widening participation. The University led the Aimhigher partnership in its sub region and will continue to sustain significant areas of activity amongst low participation audiences in collaboration with other partners and to roll out best practice into other regions and areas of work. It is a partner in Higher York which has maintained its FE/HE and York City Council partnership in York, beyond the Hefce funding support for lifelong learning networks. Higher York works with a wide range of groups with a focus on aspiration raising, progression and employability.
1.5. The University places an emphasis on widening the pool of applicants and ensuring success for groups and communities currently under-represented in higher education. Through this agreem...
BACKGROUND AND INTRODUCTION. The Company already has a stock option plan in place and a limited number of options (100) have been issued thereunder. Consideration will be given to amending or otherwise rolling in existing option obligations into the new equity program. The number of shares to be reserved for issuance under the Plan will represent 15% of the total shares of the Company's outstanding common stock, on a fully diluted basis, including shares of common stock to be reserved for issuance under the Plan. Under the Plan, officers and employees of the Company and its subsidiaries will be eligible to receive awards. Moreover, while it is not anticipated that grants will initially be made to consultants and independent contractors, it is recommend that the Plan be flexible and allow for grants to consultants and independent contractors. The Plan will allow for awards of stock options, restricted stock and other types of equity grants. The initial grants under the Plan will fall into two groups, namely, normal option grants and special management grants.
BACKGROUND AND INTRODUCTION. The Company proposes to issue certain subordinated convertible debentures (the "Series A Debentures"). The Series A Debentures, and the terms and conditions relevant thereto, shall be as more fully described and set forth in Exhibit A, attached hereto and made a part hereof, or with such changes thereto as shall be agreed upon by the Placement Agent and the Company. The Company may also wish to issue, within six months of the date hereof, a second series of subordinated convertible debentures (the "Series B Debentures"). Except as otherwise specifically stated herein, this Series A Debenture Placement Agreement relates only to the Series A Debentures. The Company and the Placement Agent agree that, if the Company should elect to issue the Series B Debentures, the Placement Agent will act as placement agent in respect thereof, and the Company and the Placement Agent will, with respect to such issuance and placement, enter into a Series B Debenture Placement Agreement, which shall be substantially in the form of this Series A Debenture Agreement. Provided, however, that the due diligence fee referred to in Paragraph 9(b) hereof shall constitute payment of the Placement Agent's due diligence expenses for both of the Series A Debentures and the Series B Debentures, and no additional due diligence fee shall be payable with respect to the Series B Debentures.
BACKGROUND AND INTRODUCTION. Customer and Service Provider are entering into this Customer Participation Agreement as part of the Georgia Broadband Deployment Initiative Program (“GBDI”). The purpose of the Georgia Broadband Deployment Initiative is to provide a program of financial assistance to any or all public bodies, designated by the Georgia Department of Community Affairs pursuant to paragraph (2) of subsection (b) of O.C.G.A. § 50-40-81, as political subdivisions qualified to apply for funds (“Eligible Applicants”), which includes grants, loans and other forms of assistance authorized by O.C.G.A. 50-34-1 et seq., in order to finance activities that lead to the installation or expansion of facilities and equipment which provide broadband services in unserved areas that are not currently served by such Services. Under the GBDI, in 2021, DCA conducted a statewide competitive procurement to select approved broadband partners who have met the requirements in a competitive request for proposal (“RFP”) managed and issued by the state (“Approved Broadband Providers”) that may assist Eligible Applicants with the expertise, experience and financing to design, develop, construct, maintain and provide retail residential and commercial broadband services for a proposed broadband network project. As a result of being selected as an Approved Broadband Provider, Service Provider and DCA then entered into the Master Services Agreement in order to facilitate Service Provider assistance to Customer. As an eligible customer under GBDI, Customer desires to obtain from Service Provider certain services and Service Provider desires to provide the Services to Customer. This Customer Participation Agreement will provide the terms and conditions pursuant to which the Service Provider shall provide and the Customer shall purchase the services. Pursuant to the terms and conditions herein, Customer and Service Provider enter this Customer Participation Agreement. In the event that DCA awards funds to the Eligible Applicant through the GDBI, the Customer Participation Agreement will incorporate the terms of the grant application (“Grant Application”) and any additional terms, conditions or restrictions included in the grant award from DCA (“Grant Award”).
BACKGROUND AND INTRODUCTION. 1.1 As an amendment to the code of practice on the use of temporary contracts (Appendix 2.8 of the SNCT Handbook of Conditions of Service) West Dunbartonshire Council LNCT have agreed to reduce the time frame for application for temporary to permanent positions to two years.
1.2 The following adjustment to SNCT guidance has been agreed. “Any temporary contract extended beyond 2 years will be made permanent unless the authority can objectively justify not doing so”.
