Utah

Utah Code

Title 11. Cities, Counties, and Local Taxing Units

Chapter 13. Interlocal Cooperation Act

UTAH CODE ANN. § 11-13-102. Purpose of chapter.

The purpose of this chapter is:

(1) to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and under forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and

(2) to provide the benefit of economy of scale, economic development, and utilization of natural resources for the overall promotion of the general welfare of the state.

UTAH CODE ANN. §11-13-103. Definitions

As used in this chapter:

(11) “Interlocal entity” means:

(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or

(b) a separate legal or administrative entity created under Section 11-13-205.

(15) “Out-of-state public agency” means a public agency as defined in Subsection (18)(c), (d), or (e).

(18) “Public agency” means:

(a) a city, town, county, school district, local district, special service district, an interlocal entity, or other political subdivision of the state;

(b) the state or any department, division, or agency of the state;

(c) any agency of the United States;

(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or

(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(21) “Utah interlocal entity”:

(a) means an interlocal entity described in Subsection 11-13-203(2); and

(b) includes a separate legal or administrative entity created under Laws of Utah 1977, Chapter 47, Section 3, as amended.

(22) “Utah public agency” means a public agency under Subsection (18)(a) or (b).

UTAH CODE ANN. §11-13-201.   Joint exercise of power, privilege, or authority by public agencies — Relationship to the Municipal Cable Television and Public Telecommunications Services Act.

(1) (a) Any power, privilege, or authority exercised or capable of exercise by a Utah public agency may be exercised and enjoyed jointly with any other Utah public agency having the same power, privilege, or authority, in a manner consistent with the provisions of this chapter, and jointly with any out-of-state public agency to the extent that the laws governing the out-of-state public agency permit such joint exercise or enjoyment.

(b) Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a public agency.

UTAH CODE ANN. §11-13-202. Agreements for joint or cooperative undertaking, for providing or exchanging services, or for law enforcement services — Effective date of agreement — Public agencies may restrict their authority or exempt each other regarding permits and fees.

(1)             Any two or more public agencies may enter into an agreement with one another under this chapter:

(a)             for joint or cooperative action;

(b)             to provide services that they are each authorized by statute to provide;

(c)             to exchange services that they are each authorized by statute to provide;

(d)             for a public agency to provide law enforcement services to one or more other public agencies, if the public agency providing law enforcement services under the interlocal agreement is authorized by law to provide those services, or to provide joint or cooperative law enforcement services between or among public agencies that are each authorized by law to provide those services; or

(e)             to do anything else that they are each authorized by statute to do.

(2)             An agreement under Subsection (1) does not take effect until it has been approved, as provided in Section 11-13-202.5, by each public agency that is a party to it.

UTAH CODE ANN. §11-13-202.5. Approval of certain agreements — Review by attorney.

(1)             Each agreement under Section 11-13-202 and each agreement under Section 11-13-212 shall be approved by:

(a)             except as provided in Subsections (1)(b) and (c), the commission, board, council, or other body or officer vested with the executive power of the public agency;

(b)             the legislative body of the public agency if the agreement:

(i)              requires the public agency to adjust its budget for a current or future fiscal year;

(ii)             includes an out-of-state public agency as a party;

(iii)            provides for the public agency to acquire or construct:

(A)            a facility; or

(B)             an improvement to real property;

(iv)            provides for the public agency to acquire or transfer title to real property;

(v)             provides for the public agency to issue bonds;

(vi)            creates an interlocal entity; or

(vii)           provides for the public agency to share taxes or other revenues; or

(c)             if the public agency is a public agency under Subsection 11-13-103(18)(b), the director or other head of the applicable state department, division, or agency.

(2)             If an agreement is required under Subsection (1) to be approved by the public agency’s legislative body, the resolution or ordinance approving the agreement shall:

(a)             specify the effective date of the agreement; and

(b)             if the agreement creates an interlocal entity:

(i)              declare that it is the legislative body’s intent to create an interlocal entity;

(ii)             describe the public purposes for which the interlocal entity is created; and

(iii)            describe the powers, duties, and functions of the interlocal entity.

(3)             The officer or body required under Subsection (1) to approve an agreement shall, before the agreement may take effect, submit the agreement to the attorney authorized to represent the public agency for review as to proper form and compliance with applicable law.

UTAH CODE ANN. §11-13-209. Filing of agreement.

An agreement made under this chapter does not take effect until it is filed with the keeper of records of each of the public agencies that are parties to the agreement.

UTAH CODE ANN. §11-13-212. Contracts between public agencies or with interlocal entities to perform services, activities, or undertakings — Facilities and improvements.

(1)(a)       Public agencies may contract with each other and one or more public agencies may contract with an interlocal entity created under this chapter to perform any service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform.

(b)             Each contract under Subsection (1)(a) shall be authorized as provided in Section 11-13-202.5.

(c)             Each contract under Subsection (1)(a) shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.

Title 63G. General Government

Chapter 6a. Utah Procurement Code

UTAH CODE ANN. §63G-6a-104. Definitions relating to governmental bodies.

(5)             “Cooperative purchasing organization” means an organization, association, or alliance of purchasers established to combine purchasing power in order to obtain the best value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.

(6)             “Division” means the Division of Purchasing and General Services.

(15)(a)     “Procurement unit” means:

(i)              a legislative procurement unit;

(ii)             an executive branch procurement unit;

(iii)            a judicial procurement unit;

(iv)            an educational procurement unit;

(v)             a local government procurement unit;

(vi)            a local district;

(vii)           a special service district;

(viii)          a local building authority;

(ix)            a conservation district;

(x)             a public corporation; or

(xi)            a public transit district.

(b)             “Procurement unit” does not include a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.

(17)          “Public entity” means any state government entity or a political subdivision of the state, including:

(a)             a procurement unit;

(b)             a municipality or county, regardless of whether the municipality or county has adopted this chapter or any part of this chapter; and

(c)             any other government entity located in Utah that expends public funds.

UTAH CODE ANN. §63G-6a-2105. Cooperative procurements — Contracts with federal government — Regional solicitations.

(1)             The chief procurement officer may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a cooperative procurement, with:

(a)             another state;

(b)             a cooperative purchasing organization; or

(c)             a public entity inside or outside the state.

(4)             A Utah procurement unit may:

(b)             participate in, sponsor, conduct, or administer a cooperative procurement with another Utah procurement unit or another public entity in Utah, if:

(i)              each party unit involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;

(ii)             the procurement is conducted, and the contract awarded, in accordance with the requirements of this chapter;

(iii)            the solicitation:

(A)            clearly indicates that the procurement is a cooperative procurement; and

(B)             identifies each party that may purchase under the resulting contract; and

(iv)            each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract; or

(c)             purchase under, or otherwise participate in, an agreement or contract of a cooperative purchasing organization, if:

(i)              each party involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;

(ii)             the procurement was conducted in accordance with the requirements of this chapter;

(iii)            the solicitation:

(A)            clearly indicates that the procurement is a cooperative procurement; and

(B)             identifies each party that may purchase under the resulting contract; and

(iv)            each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract.

(5)             A procurement unit may not obtain a procurement item under a contract that results from a cooperative procurement described in Subsection (4), if the procurement unit:

(a)             is not identified under Subsection (4)(b)(iii)(B) or (4)(c)(iii)(B); or

(b)             does not sign a participating addendum to the contract as required by this section.

UTAH CODE ANN. §63G-6a-2104. Compliance by one procurement unit pursuant to agreement considered compliance by others to agreement.

(1)             When a procurement unit that administers a cooperative procurement complies with the requirements of this chapter, any procurement unit participating in the purchase is considered to have complied with this chapter.

(2)             A procurement unit may not enter into a cooperative procurement agreement for the purpose of circumventing this chapter.

UTAH CODE ANN. §63G-6a-2102. Agreements between procurement units.

A procurement unit may enter into an agreement with one or more other procurement units to:

(1)             sponsor, conduct, or administer a cooperative agreement for:

(a)             the procurement of a procurement item, in accordance with the requirements of Section 63G-6a-2105; or

(b)             the disposal of a procurement item;

(2)             cooperatively use a procurement item;

(3)             commonly use or share warehousing facilities, capital equipment, and other facilities;

(4)             provide personnel, if the receiving procurement unit pays the procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement; or

(5)             make available informational, technical, and other services, if:

(a)             the requirements of the procurement unit tendering the services have precedence over the procurement unit that receives the services; and

(b)             the receiving procurement unit pays the expenses of the services provided, in accordance with the agreement.