A. Generally: This section provides guidance on purchasing from other governmental entities, including when agreements must be executed in compliance with the Interlocal Cooperation Act.
B. State Cooperative Contracts: The City may, in accordance with the provisions of Utah Code section 63G-6a-2105, as amended, enter into a cooperative procurement, and an agreement that is awarded as a result of a cooperative procurement with another state, a cooperative purchasing organization, or any public entity inside or outside the State. The City may obtain a procurement item from a State cooperative contract without signing a participating addendum if the solicitation issued by the State to obtain the contract includes a statement indicating that the resulting contract will be issued for the benefit of public entities.
C. Solicitation Requirements When Contracting With Government: Whenever the City agrees to make purchases together with another governmental entity, and the agreement is entered in compliance with the solicitation procedures of that other entity, the City shall be deemed to have complied with City solicitation requirements.
D. Interlocal Cooperation Act: Certain agreements must be executed in compliance with the Interlocal Cooperation Act, Utah Code title 11, chapter 13 (the "Act"). In addition to the Act, agreements shall comply with the following:
1. When Compliance Required: Agreements for the following must comply with the Act:
a. Joint Action: The City must comply when it agrees to exercise powers jointly with another governmental agency to undertake a joint or cooperative action. Such an action may require the creation of a separate legal entity, such as a partnership or association. Example: Utah Associated Municipal Power Systems. See Utah Code section 11-13-5, or its successor.
b. Government Function: The City must comply when it agrees with a governmental entity to perform any governmental service, activity or undertaking that the City or the other entity is otherwise authorized by law to perform. Governmental services, activities or undertakings include the following: flood control, storm drainage, government administration, planning and zoning, buildings and grounds, education, healthcare, parks and recreation, police and fire protection, prosecution of violations of State Criminal Statutes, defense of individuals prosecuted for violations of State Criminal Statutes, transportation, streets and roads, utilities, culinary water, sewage disposal, social services, solid waste disposal, economic development or new venture investment fund, and library. See Utah Code section 11-13-14, or its successor.
c. Sharing Revenues: The City must comply when it agrees to share tax or other revenues with other governmental entities. See Utah Code section 11-13-16.5, or its successor.
d. Joint Facilities: The City generally must comply when it will jointly own, operate, acquire or improve facilities with another governmental entity. See Utah Code section 11-13-15, or its successor.
E. Compliance: To comply with the Act, an agreement must be approved by a resolution of the City Council.
F. Compliance Not Required: The following are examples of agreements with other governmental entities that are not subject to the Act, and which do not require City Council approval. This list is provided for convenience only and is not comprehensive.
1. Purchases: Agreements solely to acquire supplies from another governmental agency, or solely to acquire services if they are not governmental services, activities or undertakings as described in subsection D1b of this section.
2. Co-Purchases: Agreements where the City joins as a group with other governmental agencies to purchase supplies, or services that are not governmental services, activities or undertakings as described in subsection D1b of this section, where the agreement relates to acquisitions and not to the formation of a cooperative purchasing unit.
3. Sales: Agreements solely to sell supplies owned by the City to another governmental agency.
4. Leases: Agreements solely to lease City property to another governmental agency, where the City's only role is that of a typical lessor. (Ord. 17-14)