RSM 1, Section 500: Cooperative Agreements & Memoranda of Understanding

Updated: 03/22

501 Purpose of Cooperative Agreements/Memoranda of Understanding

Within this section, the term “cooperative agreement” also refers to “memorandum of understanding” and “memorandum of agreement.” Information in this section relates to agreements pertaining to consumer services, and does not include agreements related to facilities management and other aspects of DORS administration.

The Division will enter into cooperative agreements with other agencies or organizations in order to:

1. Provide for increased interagency cooperation.

2. Ensure the maximum utilization of appropriate programs and resources in the provision of services to individuals with disabilities.

3. Expand and improve services to individuals with significant disabilities.

4. Maximize the use of comparable benefits.

502 Types and Content of Cooperative Agreements

1. Formal written agreements set forth terms and conditions under which the Division and another agency or organization will cooperate in the provision of services. These formal interagency cooperative agreements will:

1. Identify policies, practices, and procedures that can be coordinated among the agencies (particularly definitions, standards for eligibility, the joint sharing and use of evaluations and assessments, and procedures for making referrals).

2. Identify available resources and define the financial responsibility of each agency for paying for necessary services (consistent with State law) and procedures for resolving disputes between agencies.

   1. Formal written agreement will utilize the lowest federally approved indirect cost rate to represent the expenses of doing business that are not readily identified with a particular project function or activity, but are necessary for the general operation of an organization and the activity it performs.

3. Include all additional components necessary to ensure meaningful cooperation and coordination.

2. Statewide agreements are those which have an impact upon more than one region or program unit: Office of Field Services (OFS), Office for Blindness & Vision Services (OBVS), the Workforce & Technology Center (WTC), or Disability Determination Services (DDS).

3. Local agreements are those which have an impact upon a single local Division office, region, program unit or local workforce area.

503 Initiation and Development of Cooperative Agreements

1. All agency cooperative agreements are coordinated through DORS Business Support Services, grants and agreements administrator.

2. Assigned administrative staff are responsible for collaborating with the grants and agreements administrator, in the initiation, development and updating of statewide cooperative agreements.

3. Cooperative agreements with Community Rehabilitation Programs (CRPs) are the responsibility of the Staff Specialist for CRPs, consistent with Section 1300. Regional directors in whose region the CRP is located are involved in the development of cooperative agreements.

4. Regional, OBVS, WTC and DDS directors or their designees have the responsibility to initiate, develop and update local agreements, in collaboration with the grants and agreements administrator.

5. Agreements related to grants DORS will be awarding to an entity shall be developed consistent with requirements described in Section 1200.

504 Approval of Written Agreements

Plans for the agreement will be discussed with DORS management staff, as appropriate, and the grants and agreements administrator. The following procedures will be followed:

1. The proposed agreement will be drafted by the initiator and submitted to the immediate supervisor and affected parties for review. Drafts of the formal statewide agreements will also be submitted to the Maryland State Rehabilitation Council Policy and Planning Committee for review.

2. The grants and agreements administrator shall coordinate legal review and advice of the assistant attorney general.

3. The proposed agreement will be forwarded to the cooperating agency for review.

4. The proposed agreement will be revised as necessary by the initiator in collaboration with the grants and agreements administrator.

5. The grants and agreements administrator shall coordinate obtaining required signatures of the cooperating agency and DORS.

6. All agreements require the review, approval and signature of the Assistant State Superintendent prior to the grant implementation date. Agreement initiators shall be sure to allow sufficient time for the Assistant State Superintendent’s review.

505 Distribution and Maintenance of Agreements

1. Agreements with Community Rehabilitation Programs – The Staff Specialist for CRPs shall, in accordance with Section 1300:

1. Maintain the original signed copy of the cooperative agreement and forward a hard copy to the CRP.

2. Facilitate posting of the Agreement on the appropriate page of the CRP Fee Schedule, RSM 5, Section 500​.

2. All Other Agreements:

1. The grants and agreements administrator shall maintain the original copy and maintain an electronic copy of the signed agreement.

2. The initiator shall forward a hard of the signed agreement to the entity with which the agreement was developed, and, depending on the nature of the agreement, consider requesting that it be posted on the DORS public website and/or DORS intranet, InDORS.

3. The DORS Executive Staff member shall consider the most appropriate way to announce the completion of the agreement (e.g., Official Directive, spotlight on DORS website, What’s New on InDORS), depending on DORS staff affected and general applicability.

4. DORS Managers and Supervisors shall review pertinent agreements with their staff, and determine if there is a need for specific training on the agreement and its implications.

506 Implementation of Agreements

The Director of Field Services, Director of OBVS, regional directors, the Director of WTC and the DDS Director have the primary responsibility to ensure that agreements affecting their staff are understood and implemented by their staff. Initiators of agreements shall be available to assist in training staff regarding such agreements.

507 Review of Agreements/Development of Amendments

1. For agreements with Community Rehabilitation Programs, the Staff Specialist for CRPs will coordinate such review consistent with the timeframes specified in the Agreement, and will develop new agreements, or agreement addenda or amendments as appropriate.

2. The grants and agreements administrator shall coordinate review of all other agreements, as appropriate, as follows:

1. Before the anniversary date of the signing of an agreement the grants and agreements administrator shall discuss with the Director of Business Support Services and other DORS managers, as appropriate, whether the agreement should be considered for renewal or continuation.

   If so, the grants and agreements coordinator shall forward the Agreement to the initiator to review with the cooperating agency liaison to determine the effectiveness of the agreement. Consideration shall be given to Division goals and objectives and special needs of target populations. The decision will be made to renew, revise, or terminate the agreement.

2. The initiator of the agreement shall draft revisions, if appropriate, as an addendum to the original agreement. If major revisions are recommended, the Cooperative Agreement shall be rewritten, consistent with requirements in this section.

3. The grants and agreements administrator shall facilitate completion of the new Agreement or Addendum, including obtaining required signatures and maintaining copies.

4. The initiator is responsible for distributing addenda/amendments and forwarding to affected parties, and arranging any required training for DORS staff.

5. If the decision is made to terminate the agreement, the grants and agreements administrator, in consultation with DORS Executive Staff and DORS legal counsel, shall determine the most appropriate way to end the agreement.