Intergovernmental Cooperative Agreements Handbook (Draft Outline)
Introduction • Project Background Legal Authority Texas Government Code, Chapter 791 Interlocal Cooperation Act • § 791.001 The purpose of this chapter is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest extent, with one another and with agencies of the state. • Appendix: Summary of Chapter 791 Interlocal Cooperation Act requirements Types of Cooperative Agreements Definitions • Handshake Agreements • Memorandum of Agreement • Memorandum of Understanding • Mutual Aid Agreements • Interlocal Agreements Table: Include different agreements with pros/cons, common elements, differences, examples Surveys Conducted by the University of Texas at Arlington • 1989/1994 survey results comparison Benefits & Limitations to Cooperation Benefits and Limitations of Municipal Partnerships This section will discuss the benefits and limitations of municipal cooperation and how to deal with issues or concerns that may arise Making Cooperation Work Start off on the “right foot” • Be inclusive • Involve elected officials • Involve municipal staff • Start with an easy project • Communicate effectively
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Maintain a Cooperative Attitude – Illustrate characteristics of a cooperative attitude Be proactive Be flexible Be patient Think regionally Brief newly elected officials Proceed with Care – How to take a careful, thorough approach to a cooperative agreement Study options thoroughly Select realistic programs Pay attention to the little things Watch out for the ease of informality
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Allocate Costs – Discuss costs of providing cooperative services Focus on cost savings Share total costs
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Set up a positive cash flow Avoid over-dependence on grants
Preparation of an Agreement Rules of Interpretation • Common Sense – Words and acts of the local jurisdictions would have conveyed to any reasonable person standing in the place of the local jurisdictions at the time the agreement was executed • Implied Legal Requirements – It is implied in every agreement that the local jurisdictions are dealing with each other in good faith and cooperation • Interpreted as a whole – To interpret an agreement it should be read as a whole document • Custom and Usage – Government practice may be used in interpreting the agreement unless there is an expressed or explicit term within the agreement in conflict with the asserted customary practice or usage of the term • Precedence of Words and Terms – Agreement generally sets forth the precedence or importance to be accorded to words and terms in case a conflict exists • Ambiguities Construed Against Drafter – After applying previous rules, if the meaning of the agreement is still unclear, clarify the ambiguous language by consulting the original jurisdiction who drafted the language • Duty to Seek Clarification – A participating jurisdiction has the responsibility during the development phase to inquire about obvious ambiguities, omissions, or conflicts in the provisions Coordination of an Agreement • Conduct local needs assessment – Determine who can satisfy needs • Determine which agreement best fits the needs – The type of agreement will be determined by intent and needs • Contact key staff personnel – Create working group of key personnel who must be involved in drafting an agreement • Conduct meetings and discussions to get input – Groups can identify the problems, find solutions and answer questions necessary to prepare draft agreement • Conduct a review and incorporate comments into agreement – The draft agreement should be submitted to appropriate legal counsel to review and comment • Revise draft document and brief key officials – Include necessary revisions suggested by legal counsel and present final draft to key officials for comments • Prepare final copy for signature – Provide a copy for signature to the appropriate officials of the parties to the agreement • Exchange and file the signed agreement – Each participating party must follow necessary legal requirements to comply with local policy and submit executed copies to city secretary Key Elements in Agreements Elements may be added, deleted and/or combined to fit the situation. Standard Provisions MOA/MOU Format Mutual Aid Agreement Format (with example agreement) • Preliminary – List of ordinances, resolutions, or executive orders implementing and putting into force the agreement • Preamble to the Agreement – Include brief description of agreement, background, need, purpose, and what agreement will provide • Participating Parties – Description of jurisdictions and/or private corporations entering into agreement • Purpose – Brief, general description of assistance to be rendered • Authorization – References to applicable specific federal, state, and local laws, codes, statutes, ordinances, and/or resolutions
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Assistance to be Rendered – More detailed description of goods and services to be rendered by the participating jurisdictions Condition of Implementation – Descriptions of conditions for requesting, offering and/or withdrawing support Request for Assistance – Description of the manner in which the requesting party will make their request and the designation of the official authorized to make the request Command, Control, Coordination & Communication – Conditions for implementing the agreement are described including the personnel and equipment of the providing jurisdiction are described Post Response – Describes method by which the request for assistance and/or response to the request is terminated Compensation – Describe compensation for the services and goods provided and for losses incurred. Wages, materials and equipment costs should be addressed Insurance – Insurance coverage the agreeing parties will provide Liability – The responsibility for liabilities is stated Agreement Maintenance – Establishes a regularly scheduled review of the agreement Agreement Administration – A provision for administering the agreement and representing the local jurisdictions involved, along with any financing and budget requirements Agreement not Exclusive – Includes a statement that the agreement is not intended to be exclusive between the jurisdictions and that other agreements can be entered into by the participating parties Signature Blocks – A signature block for the key executive officials and the attesting official of all participating jurisdictions
Interlocal Agreement Format (with example agreement) Preliminary – Identifies the parties to the agreement and provides nonspecific purpose statement Funding – The amount of funds to be awarded to the contractor are included Service Provisions – Statement of how funds will be used Agreement Period – The beginning and end date of the agreement Reimbursement Provisions – Details of how & when the contractor must claim their funds Recapture Provisions – Details the conditions for reclaiming funds if jurisdiction is not satisfied Evaluation and Monitoring – Defines the access the jurisdiction will have to the records and files of contractor • Nondiscrimination Provision – Establishes that the contractor will not discriminate against any employee paid by the jurisdiction • Agreement Modifications – Described manner in which the Interlocal Agreement may be modified • Termination and Review of Agreement – Terms for terminating and reviewing the agreement prior to the end of agreement period • Contractor not Employee of Jurisdiction – Avoids conflict of interest. Neither the contractor nor the contractor employees are to be a members of the jurisdiction • Records, Documents, and Reports – Identifies the books, records, documents, and procedures that reflect costs • Travel and Subsistence Reimbursement – Establishes rate of reimbursement for travel and per diem • Special Provision – The jurisdiction does not waive any agreement rights • Hold Harmless – The contractor will not hold the jurisdiction liable for damages incurred in the fulfillment of the agreement • Governing Law and Venue – Establishes that the laws of the stat of Texas govern the agreement • Severability – If any portion of the agreement is determined to be invalid, it does not invalidate the other conditions of the agreement • Entire Agreement – States that the agreement is represented in its entirety • Agreement Administration – States the individuals by name or position who are responsible to administer the agreement
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Cooperation Opportunities Assessment • STEP 1: Discovering Partnership Opportunities • STEP 2: Sizing Up Potential Partners • STEP 3: Exploring Promising Prospects • STEP 4: Negotiating the Agreement • STEP 5: Key Elements of a Partnership Agreement • STEP 6: Estimating Costs of Service • STEP 7: Implementing the New Partnership • STEP 8: Managing the Partnership Examples of Cooperative Programs State Programs • TXWARN Water/Wastewater Agency Response • South County Coalition Program • Regional Management Program – City of San Antonio, Bexar County, SARA
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National Programs Cuyahoga County Board of Health Storm Water Program Northern Kentucky Storm Water Program Rouge River Project, Wayne County, Michigan eCitygov Alliance – www.ecitygov.net
References “Mutual Aid and Interlocal Agreement Handbook” – Washington Military Department http://www.emd.wa.gov/plans/documents/MutualAidHandbook.pdf “South County Storm Water Quality Coalition: Scope of Services” – South County Storm Water Quality Coalition; Port Neches “Integrating Stormwater Permitting and Watershed Management: A Report to the Minnesota Board of Water and Soil Services” – Minnesota Stormwater Steering Committee “Illicit Discharge Detection and Elimination Plan” – Northern Kentucky Regional Storm Water Management Program “Intermunicipal Agreement Regarding Cooperation to Analyze Options to Meet Federal Phase II Stormwater Regulation in Monroe County” – Municipal Research and Services Center of Washington “Interlocal Agreements: Doing it Jointly” – Municipal Research and Services Center of Washington “City of Seattle, WA GIS Data Provision Service Agreement” – Municipal Research and Services Center of Washington Michigan Department of Environmental Quality http://www.michigan.gov/deq/1,1607,7-1353313_3682_3716---,00.html Wayne County Rouge River Program, Michigan http://www.rougeriver.com/ “Forming Municipal Partnerships: A Practical Guide for Local Government – Association of Washington Cities “Local Government Management Guide: Intermunicipal Cooperation” – State of New York Office of State Comptroller “Intergovernmental Cooperation Handbook” – Pennsylvania’s Department of Community and Economic Development “Partnerships, Agreements, Contracts, MOA’s, MOU’s” – Institute of Tribal Environmental Professionals, Northern Arizona University University of Texas at Arlington. 1995. Durable Partnerships in Texas: The Interlocal Contract at MidDecade. University of Texas at Arlington. 1972. Handbook for Interlocal Contracting in Texas. University of Texas at Arlington. 1990. The Interlocal Contract in Texas.