Cooperative Agreement Authorization Document Sample Clauses

Cooperative Agreement Authorization Document. (APPENDIX A) The CAAD may be used to document the determination of whether a cooperative agreement is the appropriate award instrument for the activities proposed for a funding agreement. Present the factual basis (i.e., public purpose, statutory authority, eligibility standard for the pool of potential NFEs) for a finding that a cooperative agreement is both authorized and the most suitable means of meeting the requirement in the document. The GO determines the award of a CA in consultation with the Office of Counsel for the proposed scope. Appendix A provides an example format. If this format is not used, the basis for and determination by the GO that a cooperative agreement is authorized and appropriate will be documented in writing and maintained in the award file. Substantial involvement may include collaboration, participation, or intervention in the program or activity to be performed under the award. The awarding agency is responsible for determining whether a cooperative agreement or a grant is appropriate. A grant involves financial assistance to a NFE for an authorized public purpose. Substantial involvement must be significant to the purpose of the award. It is also based on the importance of the action to the awarding agency. USACE knowledge of a NFE’s activities or involvement on an administrative issue or financial tracking is not substantial involvement. In addition, USACE review and approval of work plans, oversight of field activities, review and approval of deliverables, or final approval of work completed under a cooperative agreement are not considered substantial involvement. • A cooperative agreement must include all of the following: o The principal purpose is to transfer a thing of value to the NFE to carry out a public purpose of support or stimulation. o There is legal delegated authority to use a cooperative agreement for the proposed activity and with the proposed NFE. o The principal purpose finding is legitimate and is not to acquire property or services for the direct benefit or use of the Government. o There will be substantial involvement by the awarding agency in the performance of the work funded by the cooperative agreement. The existence of a nonbinding Master Agreement does not create an exception to the requirements to use merit-based, competitive procedures to the maximum extent practicable or the requirements for the posting and notice of funding opportunities. The cooperative agreement may be awarded only in compl...
Sample 1
AutoNDA by SimpleDocs
Cooperative Agreement Authorization Document. APPENDIX A) The Cooperative Agreement Authorization Document may be used to document the determination of whether a cooperative agreement is the appropriate award instrument for the activities proposed for a funding agreement. The factual basis for a finding that a cooperative agreement is both authorized and the most suitable means of meeting the requirement will be presented in the document. Ultimately, the GO in consultation with counsel must determine that a CA may be awarded for the proposed scope of work, so this document may be used as the recommendation or requesting document to be submitted to the GO. The Cooperative Agreement Authorization Document may be used by the District to document the requirement, public purpose, and statutory authority. It may also be used to identify the eligibility standards for the pool of potential Recipients. Appendix A provides an example format which may be used. If this format is not used, the basis for and determination by the GO that a cooperative agreement is authorized and appropriate will be documented in writing and maintained in the award file. Substantial Involvement must be of significance to the purpose of the award, which may be based on the amount and importance of the actions of the awarding agency. If USACE merely has knowledge of the Recipient’s activities, or involvement on an administrative issue or financial tracking, that is not substantial involvement. If USACE provides review and approval of work plans, oversight of field activities, review and approval of reports of work accomplished, and approval of completion of the work included in the cooperative agreement, this would constitute substantial involvement.  A cooperative agreement should not be considered unless all of the following criteria are met: o The principal purpose is to transfer a thing of value to the recipient “to carry out a public purpose of support or stimulation.” o There is legal authority to use a cooperative agreement for the proposed activity and with the proposed recipient. o The “principal purpose” finding is legitimate and is not to acquire property or services for the direct benefit or use of the Federal Government. There will be substantial involvement by the awarding agency in the performance of the work funded by the cooperative agreement. The existence of a nonbinding umbrella Agreement does not create an exception to the requirements to use merit-based, competitive procedures to the maximum extent practicable or...
Sample 1

Related to Cooperative Agreement Authorization Document

  • Authorization Documents For each Loan Party, such Person’s (a) charter (or similar formation document), certified by the appropriate governmental authority; (b) good standing certificates in its state of incorporation (or formation) and in each other state requested by the Administrative Agent; (c) bylaws (or similar governing document); (d) resolutions of its board of directors (or similar governing body) approving and authorizing such Person’s execution, delivery and performance of the Loan Documents to which it is party and the transactions contemplated thereby; and (e) signature and incumbency certificates of its officers executing any of the Loan Documents (it being understood that the Administrative Agent and each Lender may conclusively rely on each such certificate until formally advised by a like certificate of any changes therein), all certified by its secretary or an assistant secretary (or similar officer) as being in full force and effect without modification.

  • Cooperative Agreement The provisions and pricing of this Contract will be extended to other California local or state governmental entities. Governmental entities wishing to use this Contract will be responsible for issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any Contract entered into with another agency or entity that is entered into as an extension of this Contract a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract. The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County’s request.

  • Formation Documents With respect to the Issuing Entity, the Certificate of Trust and the Trust Agreement, (ii) with respect to the Grantor Trust, the Grantor Trust Certificate of Trust and the Grantor Trust Agreement, and (iii) with respect to the Depositor, the certificate of formation of the Depositor filed in Delaware, dated as of January 4, 2019 and the amended and restated limited liability company agreement of the Depositor, dated as of March 27, 2019, made by the Sponsor, as member.

  • Operative Documents On or before the Closing Date, each of the Operative Documents to be delivered at the Closing shall have been duly authorized, executed and delivered by the parties thereto in substantially the form attached as an Exhibit hereto, shall each be in full force and effect, and executed counterparts of each shall have been delivered to each of the parties hereto.

  • Other Transaction Documents Each representation and warranty made by the Servicer under each other Transaction Document to which it is a party (including, without limitation, the Purchase and Sale Agreement) is true and correct in all material respects as of the date when made.

  • Acquisition Documents As of the Closing Date: (a) Borrower has furnished Bank with true, correct and complete execution copies of all Acquisition Documents. Borrower has taken all necessary corporate action to authorize the execution, delivery and performance of each Acquisition Document to which it is a party. (b) Borrower has complied with all applicable federal, state, provincial and local laws, ordinances, codes, rules, regulations and guidelines (including consent decrees and administrative orders) relating to the consummation of the Acquisition and all applicable waiting periods with respect to the transactions contemplated by the Acquisition Documents have expired without any action being taken by any competent governmental authority which restrains, prevents or imposes material adverse conditions upon the consummation of such transactions. (c) All necessary authorization, consent, approval, license, qualification or formal exemption from, and all necessary filing, declaration or registration with, any court, governmental agency or regulatory authority or any securities exchange or any other Person (whether or not governmental, and including without limit any shareholder, partner or member of an applicable party) required to be made prior to the closing of the Acquisition in connection with the execution, delivery and performance by Borrower, and to Borrower’s best knowledge, each other party to the Acquisition Documents to which Borrower or such other Person is a party, have been obtained and will be in full force and effect, and, to the knowledge of Borrower, are not the subject of any attack or threatened attack (in each case in any material respect) by appeal or direct proceeding or otherwise. (d) The execution, delivery and performance of the Acquisition Documents, and the consummation of the transactions contemplated thereby, are not in contravention of the terms of any indenture, material contract, instrument, any judgment, order or decree, to which Borrower is a party or by which it or its properties are bound, except, in each case, where such contravention could not reasonably be expected to have a Material Adverse Effect. (e) Borrower has not granted a collateral assignment of, or a security interest over the Acquisition Documents (other than in favor of Bank) and Borrower has not sold, transferred or assigned any Acquisition Document to any Person (other than to or in favor of Bank). (f) No Acquisition Document to which Borrower is a party has been modified, amended, altered or changed in any manner except in compliance with Section 7.12 of this Agreement, and to Borrower’s best knowledge, there are no unwaived defaults existing under the Acquisition Documents by Borrower that is a party thereto, or, to the best of the knowledge of Borrower, by any other party thereto.

  • Construction Documents The architectural and engineering documents setting forth the design for the Project prepared by the Design Professional. Construction Documents include, but are not limited to, the Specifications, the Drawings, the Supplementary Conditions, the General Conditions, and all Addenda.

  • Amendments to Transaction Documents Without the consent of the Agent, amend, modify or otherwise change any of the terms or provisions of any Transaction Document other than (i) supplements identifying Solar Loans to be transferred in connection with each transfer of Solar Loans and the related Solar Assets from time to time in accordance with the Sale and Contribution Agreement or this Agreement, (ii) amendments, supplements or other changes in accordance with the terms of the applicable Transaction Document, and (iii) amendments, supplements or other changes with respect to exhibits and schedules to any Transaction Document that would not reasonably be expected to have a material adverse effect on the value, enforceability, or collectability of the Collateral or adversely affect Collections.

  • Operative Agreements The Capital Securities shall be fully and unconditionally guaranteed on a subordinated basis by the Company with respect to distributions and amounts payable upon liquidation, redemption or repayment (the "Guarantee") pursuant and subject to the Guarantee Agreement (the "Guarantee Agreement"), to be dated as of the Closing Date and executed and delivered by the Company and U.S. Bank National Association ("U.S. Bank"), as trustee (the "Guarantee Trustee"), for the benefit from time to time of the holders of the Capital Securities. The entire proceeds from the sale by the Trust to the holders of the Capital Securities shall be combined with the entire proceeds from the sale by the Trust to the Company of its common securities (the "Common Securities"), and shall be used by the Trust to purchase $15,464,000.00 in principal amount of the Floating Rate Junior Subordinated Deferrable Interest Debentures (the "Debentures") of the Company. The Capital Securities and the Common Securities for the Trust shall be issued pursuant to an Amended and Restated Declaration of Trust among U.S. Bank, as institutional trustee (the "Institutional Trustee"), the Administrators named therein, and the Company, to be dated as of the Closing Date and in substantially the form heretofore delivered to the Placement Agents (the "Trust Agreement"). The Debentures shall be issued pursuant to an Indenture (the "Indenture"), to be dated as of the Closing Date, between the Company and U.S. Bank, as indenture trustee (the "Indenture Trustee"). The documents identified in this Section 1.2 and in Section 1.1 are referred to herein as the "Operative Documents."

  • Agreement Documents 1. This Agreement consists of the following documents: (a) This Agreement; (b) The General Terms and Conditions for Programme Cooperation Agreements appended hereto; (c) Any Programme Documents concluded hereunder; and (d) Any Special Conditions established with regard to a particular programme, IP, or Programme Document, attached to this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!