1 Colo. Code Regs. § 101-1-3-5

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 1 CCR 101-1-3-5 - INTERAGENCY AGREEMENTS

1.AUTHORITY

§24-30-202(1-4) and (5)(a), C.R.S. (State Controller Authority)

2.DEFINITIONS

2.1. Encumbrance - See Fiscal Rule 3-1 (Commitment Vouchers)

2.2. Interagency Agreement - An agreement between two or more State Agencies, two or more Institutions of Higher Education, or any number of State Agencies and Institutions of Higher Education that involves a transfer of funds from one State Agency or Institution of Higher Education to another. The term Interagency Agreement does not include any agreement that has an entity that is not a State Agency or Institution of Higher Education as a party.

2.3. Recurring Services - Any services that are provided by the Governor's Office of Information Technology for more than two consecutive years.

3.RULE

Each State Agency or Institution of Higher Education shall use an Interagency Agreement as described in this Rule when Fiscal Rule 3-1 (Commitment Vouchers) requires the use of an Interagency Agreement to document the transfer of funds.

4.CONTENT OF INTERAGENCY AGREEMENTS

4.1. Standard Provisions - All Interagency Agreements shall include all of the following:

4.1.1. Identification of the State Agencies and Institutions of Higher Education involved in the Interagency Agreement;

4.1.2. A description of the work that will be performed;

4.1.3. A description of the amounts to be paid or how those amounts will be determined;

4.1.4. The effective date and termination date of the Interagency Agreement; and

4.1.5. Any applicable special terms and conditions required under a grant or by Federal or state laws, regulations, or policies.

4.2. Encumbrances - All Interagency Agreements that will transfer $250,000.00 or more during a fiscal year shall be encumbered, except for Interagency Agreements charged to a special line item appropriation dedicated to that commitment. A delegate of the State Controller at a State Agency or Institution of Higher Education may choose, in that individual's discretion, to require an Encumbrance on any Interagency Agreement to ensure that proper funding is available for that Interagency Agreement.

5.RECURRING SERVICES

For Recurring Services, the Governor's Office of Information Technology will bill State Agencies for these services without an Interagency Agreement or Encumbrance. The Office of Information Technology shall provide each State Agency with a list of the State Agency's Recurring Services at least 90 days prior to the beginning of the next fiscal year. If a State Agency no longer needs Recurring Services, the State Agency shall provide notice to Office of Information Technology at least 60 days prior to the beginning of the next fiscal year to terminate or change these services. If an agency does not provide such notice to OIT, then OIT will continue the Recurring Services.

6.APPROVED INTERAGENCY FORMS

All Interagency Agreements shall be in a form approved by the State Controller. The State Controller has approved the following forms and may approve additional forms at the State Controller's sole discretion.

6.1. Statement of Work and Encumbrance Document - For Interagency Agreements that will be encumbered, State Agencies and Institutions of Higher Education may develop a mutually agreeable statement of work, which includes all standard provisions required in §4.1 of this Fiscal Rule and has been approved by each State Agency and Institution of Higher Education that is a Party to the Agreement. The State Agency or Institution of Higher Education transferring funds under the Interagency Agreement shall attach that statement of work to the Encumbrance document in the State Financial System or other approved State Agency or Institution of Higher Education Financial System. The statement of work may also be any type of invoice or quote, so long as that invoice or quote contains the standard provisions required in §4.1 of this Fiscal Rule.

6.2. Statement of Work and Transfer Document - For Interagency Agreements that will not be encumbered, State Agencies and Institutions of Higher Education may develop a mutually agreeable statement of work, which includes all standard provisions required in §4.1 of this Fiscal Rule. The statement of work shall be approved by each State Agency and Institution of Higher Education that is a Party to the Interagency Agreement. The State Agency or Institution of Higher Education transferring funds shall attach that statement of work to the transfer document in the State Financial System or other approved State Agency or Institution of Higher Education Financial System. The statement of work may also be any type of invoice or quote, so long as that invoice or quote contains the standard provisions required in §4.1 of this Fiscal Rule.

6.3. Work Completion Documentation - For Interagency Agreements under $10,000.00, for which the State Agency or Institution of Higher Education will not encumber funds and will make payment outside of the State Financial System or other approved financial system, the State Agency or Institution of Higher Education may use an invoice or quote to document the transfer in the same manner that the State Agency or Institution of Higher Education would for Small Purchase Documentation as described in Fiscal Rule 3-1 (Commitment Vouchers).

6.4. Commitment Vouchers and Other Agreements - State Agencies and Institutions of Higher Education may develop a mutually agreeable statement of work, which includes all standard provisions required in §4.1 of this Fiscal Rule. The statement of work shall be approved by each State Agency and Institution of Higher Education and attached to any model Commitment Voucher form or any other form of agreement. In this event, the State Agencies and Institutions of Higher Education may make any modifications to such form as they determine is appropriate.

7.APPROVALS REQUIRED FOR INTERAGENCY AGREEMENTS

7.1. Approval of Transferring Entity - A State Agency or Institution of Higher Education shall obtain all of the following approvals for all Interagency Agreements for which the State Agency or Institution of Higher Education will engage in an exchange with another State Agency or Institution of Higher Education:

7.1.1. All Interagency Agreements require the approval of the State Controller or a delegate of the State Controller. This approval shall be evidenced by the State Controller's or a delegate's signature, an electronic scans of the signature, or by an approval of the Encumbrance or transfer document in the State Financial System or State Agency or Institution of Higher Education Financial Systems.

7.2. Approval of Receiving Entity - A State Agency or Institution of Higher Education shall obtain all of the following approvals for all Interagency Agreements for which the State Agency or Institution of Higher Education will receive funds from another State Agency or Institution of Higher Education:

7.2.1. All Interagency Agreements require the approval of an individual with authority to bind the State Agency or Institution of Higher Education to the work to be performed. This authority shall be based on the policies of the State Agency or Institution of Higher Education and a proper delegation from the Chief Executive Officer of the State Agency or Institution of Higher Education, if required by the policies of that State Agency or Institution of Higher Education.

7.3. A State Agency or Institution of Higher Education that fails to obtain the approvals required for interagency agreements or fails to comply with the requirements in Fiscal Rule 3-5 (Interagency Agreements) has committed a fiscal rule violation. See State Controller Statutory Violations Policy.

8.RESOLUTION OF DISPUTES IN INTERAGENCY AGREEMENTS

In the event of disputes concerning performance under or related to any Interagency Agreement, the following steps shall be used to resolve the dispute:

8.1. The State Agency or Institution of Higher Education disputing the charge shall notify the State Agency or Institution of Higher Education providing the goods or services and attempt to resolve the dispute at the divisional level;

8.2. If that fails, the dispute shall be referred to senior State Agency or Institution of Higher Education management staff designated by each State Agency or Institution of Higher Education for resolution;

8.3. If that fails, the dispute shall be referred to the Chief Executive Officer of the State Agency or Institution of Higher Education for resolution;

8.4. If that fails both parties shall petition the State Controller to resolve the dispute. The decision of the State Controller will be rendered within a reasonable time and shall be final and binding on all parties concerned;

8.5. State Agencies shall make Common Policy Payments regardless of any dispute. Disputes related to setting of the common policy appropriations, budgets, and funding sources shall be handled in accordance with Fiscal Rule 7-4 Common Policy Disputes.

1 CCR 101-1-3-5

41 CR 19, October 10, 2018, effective 11/1/2018

45 CR 11, June 10, 2022, effective 7/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023

47 CR 08, April 25, 2024, effective 7/1/2024