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<br /> <br />nor t h da k 0 t a <br />department of <br />human services <br /> <br />Child Support Enforcement <br /> <br />MEMORANDUM <br /> <br />Date: June 1, 2006 <br /> <br />To: Carol K. Olson, Executive Director <br /> <br />From: Mike Schwindt, Director, Child Support Enforcement <br />James C. Fleming, Deputy Director/General Counsel <br /> <br />CC: Tove Mandigo, Special Assistant to the Executive Director <br /> <br />Re: Cooperative Agreements - Centralized Projects <br /> <br />Comments on the draft cooperative agreements were received from the Association of <br />County Social Service Directors (county directors) and three of the regional child <br />support enforcement unit administrators. The county directors only submitted <br />comments regarding one of the agreements, but we extended those comments to the <br />other agreement as well when appropriate. The Legal Advisory Unit also proposed <br />changes on the form of the agreements. This memo describes some of the revisions <br />that were made in response to the comments, and why some comments were not <br />adopted. The funding of the agreements is outside the scope of this memo. <br /> <br />One of the initial questions regarding the agreements is the appropriate person to sign <br />from each region. In reality, the person authorized to sign the agreements can vary <br />from region to region. There is no statute recognizing any enhanced authority of a "host <br />county" to enter into agreements on behalf of a regional unit. The important issue is not <br />who signs the agreements, but that the person signing the agreements has the authority <br />to do so. Therefore, revisions have been made to allow any properly authorized person <br />to sign the agreement on behalf of a region. This maximizes local flexibility over whose <br />signature is needed and appropriate. It has always been understood that the person <br />signing an agreement may first need to obtain approval from other boards or officials. <br /> <br />The county directors have observed that the draft agreement "differs from the current <br />standard DHS contract." While this is true, there is also a simple explanation. The <br />standard DHS contract is a contract for services; these are cooperative agreements. <br />Federal regulations specify many requirements for such agreements that do not apply to <br />"standard" DHS contracts. 45 CFR ~ 302.34; 45 CFR 9 303.107. The existing <br />cooperative agreements between the Department and the counties in each region <br /> <br />PO Box 7190. Bismarck. ND 58507-7190 <br />(701) 328-3582 ND Toll Free 1-800-755-8530 Fax (701) 328-6575 <br />