TITLE 44: GOVERNMENTAL CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE F: GRANTMAKING
CHAPTER I: GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET
PART 7000 GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
SECTION 7000.300 GRANT, COOPERATIVE, INTERAGENCY AND INTERGOVERNMENTAL AGREEMENTS


 

Section 7000.300  Grant, Cooperative, Interagency and Intergovernmental Agreements

 

a)         This Subpart applies to grants issued from State and federal pass-through funds.

 

b)         The State agency shall decide on the appropriate instrument for the award (i.e., Grant Agreement or Cooperative Agreement):

 

1)         Grant Agreements

A State agency shall use the Uniform Grant Agreement (see Section 7000.370) as the legal instrument reflecting a relationship between the State and an awardee when:

 

A)        The principal purpose of the relationship is to transfer a thing of value to the awardee to carry out a public purpose of support or stimulation authorized by State or federal law; and

 

B)        Substantial involvement is not expected between the State agency and the awardee when carrying out the activity contemplated in the Grant Agreement.

 

2)         Cooperative Agreements

A State agency shall use a Cooperative Agreement as the legal instrument reflecting a relationship between the State and a recipient when:

 

A)        The principal purpose of the relationship is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by State law instead of acquiring (by purchase, lease or barter) property or services for the direct benefit or use of the State government; and

 

B)        Substantial involvement is expected between the State agency and the recipient when carrying out the activity contemplated in the Cooperative Agreement.

 

3)         Interagency Agreements

 

A)        A State agency shall use the Uniform Intergovernmental Grant Agreement (UIGA) as the legal instrument reflecting a relationship between the State grantmaking agency and the awardee when:

 

i)          The principal purpose of the relationship is to transfer a thing of value to the awardee to carry out a public purpose of support or stimulation authorized by State or federal law; and

 

ii)         Substantial involvement is not expected between the State agency and the awardee when carrying out the activity contemplated in the Grant Agreement.

 

B)        The UIGA should be used when issuing a grant, as defined in Section 7000.20, to another governmental entity (see the Intergovernmental Cooperation Act), such as a city, municipality, county health department, State university or State agency (whether or not under the Governor's jurisdiction).

 

C)        Intergovernmental Agreements that pledge support, share data or pledge a joint effort on a project and do not constitute a grant should not use the UIGA.

 

D)        Employment or personal services Intergovernmental Agreements should not use the UIGA.

 

4)         Multiple Agreements

A State agency is not limited to establishing only one Grant Agreement and/or Cooperative Agreement between the State and an awardee on a jointly financed project involving amounts from more than one program or appropriation when different agreements would otherwise be appropriate for different parts of the project.