Interlocal Agreement
This example agreement was used to create a heritage tourism partnership between four communities and Sanpete County. It also involved several state agencies and Snow College.
MEMORANDUM OF AGREEMENT (MOA)
for the
SANPETE REGIONAL HERITAGE TOURISM PROJECT
between
MANTI, SPRING CITY, EPHRAIM, AND MT. PLEASANT
a cooperative Agreement involving
Sanpete County
Utah Department of Community and Economic Development
Utah Department of Agriculture
Utah Department of Transportation
Utah Division of Parks and Recreation
Snow College
INTER-LOCAL COOPERATION ACT AGREEMENT
WHEREAS, it is the purpose of the Interlocal Cooperation Act to permit local government units to make the most effective use of their powers by enabling them to cooperate with other localities on the basis of their mutual advantage and thereby to provide services and facilities in a manner and in an organizational form that will work best with geographic, economic, population and other factors. This effective use of powers enhances development of the local communities and provides the benefits of economies of scale, economic development, and the overall promotion and general welfare of the local governments and the state; and
WHEREAS, any power or powers, privileges or authorities exercised or capable of exercise by a political subdivision or agency of this state may be exercised and enjoyed jointly with any other political subdivision or agency of this State and jointly with any public agency of the United States that permits such joint exercise or enjoyment; and
WHEREAS, any two or more political subdivisions and any agency of this State and any agency of the United States may enter into agreements with one another for joint or cooperative action pursuant to the Interlocal Cooperation Act; and
WHEREAS, any two or more political subdivisions and any agency of this State and any agency of the United states may agree to create a separate legal or administrative entity to accomplish the purposes of their joint or cooperative action, including the undertaking and financing of facilities or improvements to provide the services contemplated by this Agreement; and
WHEREAS, Manti, Spring City, Ephraim and Mt. Pleasant ("the cities") enjoy a common heritage and enjoy related and common natural and cultural resources, tourism opportunities, and economic bases; and
WHEREAS, Manti, Spring City, Ephraim and Mt. Pleasant are committed to the preservation and rehabilitation of their natural, cultural, and economic heritage, and are committed to the growth and stabilization of their economic and tourism base while preserving and expanding their cultural heritage; and
WHEREAS, Manti, Spring City, Ephraim and Mt. Pleasant have chosen to join together for the exercise of their individual and joint powers and authorities for their individual and mutual purposes and for providing joint facilities, services and improvements that will benefit the cities, the region, and the individuals and businesses residing in and coming to the region; and
WHEREAS, entry into and execution of this Agreement constitutes a lawful and public purpose of each of the cities to advance and enhance the interests and benefits of the cities and their residents; and
WHEREAS, these four communities have a unique history and culture embodied in their buildings, foods, handicrafts, events, pageants, folk life, traditional recreation, and other aspects of their communities; and
WHEREAS, under the Interlocal Cooperation act only "public agencies" may enter into agreements for the joint exercise of powers and authorities; and
WHEREAS, "public agency" is defined by statute to mean a political subdivision of the state, a city or town, an agency of the state, or an agency of the federal government, but that a public agency does not include a private entity; and
WHEREAS, it is the plan and intent of this Agreement that the cities be the central and controlling partners under this Agreement, and that the state and federal partners be secondary partners to provide expertise and other assistance to the cities in order for the cities to accomplish the purposes and goals of the cities under this Agreement; and
WHEREAS, certain private entities desire to assist and participate in the accomplishment of the purposes and goals of this Agreement and to assist the partners, but since private entities are unable to be partners, such private entities will participate through contractual obligations with the partners and the partnership to provide services, materials, products, and other assistance; and
WHEREAS, these three levels of participation in this Agreement appropriately reflect the authority of the various parties under this agreement and are a proper organizational structure to allow a smooth and lawful accomplishment of the purposes of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. The parties hereby create a separate legal and administrative entity to accomplish the purposes of their joint and cooperative action to be known as the Sanpete Regional Heritage Tourism Council (Council).
2. That the Council shall be governed by a Board consisting of two appointees from each city, with each city giving special consideration to appointment of members of its Historic Preservation Commission.
3. That the Council shall choose a chair from among its members.
4. That the chair may convene such meetings as her or she deems necessary, but not less than four per year.
5. That the Council may adopt such rules, regulations, and by-law as are not inconsistent with the terms of this Agreement.
6. That the provisions of this Agreement regarding the creation and duties of the Council may be modified and amended by written agreement of the cities.
7. That the Council shall be authorized to raise and receive monies, charge fees for its services, and, to the extent of its budget, hire agents and employees and expend monies for the purposes stated herein.
8. That the Council shall hire an executive director who shall be charged with the executive operating authority of the Council, subject to control and direction by the Council.
9. That the Council is authorized to enter into agreements with public and private entities to accomplish the purposes stated herein.
10. That each city shall provide administrative and technical support, on a pro rata basis and as agreed, to enable the Council to accomplish the purposes of this Agreement, and shall supply such other support as is necessary and as agreed.
The cities specifically agree, in order to accomplish the purposes of this Agreement, that the Council has the following principles, duties, and responsibilities:
Plans and Strategies
1 Prepare a strategic plan for implementation of this Agreement that articulates the vision, mission, and organizational structure of this Agreement.
2. Prepare and implement the following specific plans:
A. Preservation Development Plan that presents strategies to identify, preserve, enhance, and develop heritage tourism attractions, facilities, services, and events.
B. Heritage Business Development Plan that addresses themes and an interpretive framework, and provides examples of site and community interpretation.
C. Heritage Business Development Plan that addresses creating, retaining, and assisting heritage tourism businesses.
D. Heritage Tourism Marketing Plan that identifies and attracts targeted market segments.
E. Operational/Financing Plan that identifies sources of funding for administration and specific projects.
F. Annual Workplan that identifies projects, revenues and expenditures.
3. Prepare an annual evaluation that assesses progress and makes recommendations for future direction.
4. Coordinate with other local, state, and federal plans as appropriate.
Products and Programs
1. Create, utilize, and maintain the following products and programs:
A. Data base of existing and potential attractions, landscapes, sites, facilities, services, events, artists, and products.
B. Library of heritage tourism source materials.
C. Trademarks and logos for the Council and projects,
D. Network of historical and heritage organizations and activities.
E. Technical assistance related to implementation of this Agreement (e.g., Building Doctor, Design Arts, OuR-TOWN)
F. Designation of local sites, districts, and landscapes (e.g., National Register, Heritage Area).
G. Consistent area-wide signage.
H. Uniform or joint heritage tourism information, including itineraries and brochures.
I. Financial incentives for site development and preservation (e.g., revolving loan fund, tax credits).
J. Financial incentives for development of attractions and businesses (e.g., revolving loan fund).
Central Office
1. Create and provide an adequately equipped central office.
2. With technical assistance from Snow College and the Department Community and Economic Development, purchase and set up a computer with access to the state wide area network (WAN) and the Snow College local area network (LAN).
3. Maintain access to all products, services, and programs of the Council.
The local and state agencies signing below agree to provide such assistance and benefits as they shall further agree and, in addition, to perform specific duties as follows and as resources permit:
Sanpete County shall:
1. Assist in preparing and implementing Plans and Strategies under this Agreement.
2. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Main Street shall:
1. Assist the Council and the Director to obtain funding, technical assistance, and other services related to implementation of this Agreement.
2. Assist in preparing and implementing Plans and Strategies under this Agreement.
3. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Division of Business and Economic Development shall:
1. Assist in preparing and implementing Plans and Strategies under this Agreement.
2. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Division of State History shall:
1. Assist in identifying heritage tourism source materials to be installed at the Director's office.
2. Provide $3,000.00 to the Council upon the signing of this Agreement.
3. Assist in preparing and implementing Plans and Strategies under this Agreement.
4. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Arts Council shall:
1. Assist in preparing and implementing Plans and Strategies under this Agreement.
2. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Travel Council shall:
1. Create special opportunities for promoting the Sanpete Regional Heritage Tourism Project in its publications and programs.
2. Assist in preparing and implementing Plans and Strategies under this Agreement.
3. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Department of Agriculture shall:
1. Assist in preparing and implementing Plans and Strategies under this Agreement.
2. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Department of Transportation shall:
1. Assist in preparing and implementing Plans and Strategies under this Agreement.
2. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Utah Division of Parks and Recreation shall:
1. Assist with interpretation of heritage sites.
2. Assist with networking of heritage sites and programs.
3. Assist in preparing and implementing Plans and Strategies under this Agreement.
4. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
Snow College shall:
1. Provide office space for the Director.
2. When available, provide clerical assistance for the Director.
3. Assist the Director in selecting computers and software.
4. Provide ongoing technical assistance in the use of the computers and software, including training and data input.
5. Assist with accessing the state wide area network (WAN), the Snow College local area network (LAN) and Internet and install Internet group addresses.
6. Assist in preparing and implementing Plan and Strategies under this Agreement.
7. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
The other parties signing below agree to provide such assistance and benefits as they shall further agree and, in addition, to perform specific duties as follows, and as resources permit.
Utah Heritage Foundation shall:
1. Assist in establishing a revolving loan program that may be used to rehabilitate heritage sites and assist heritage businesses, as appropriate.
2. Assist in preparing and implementing Plan and Strategies under this Agreement.
3. Assist in creating, utilizing, and maintaining Products and Programs under this Agreement.
The cities, partners, and other parties further and generally agree as follows:
1. To provide resources, services, and expertise consistent with their respective missions and purposes.
2. That this Agreement does not bind any city, partner, or other party to provide future monetary or other support except as further agreed or as agreed herein.
3. That other entities may join this Agreement by committing services, products, or other assistance consistent with the principles of this Agreement.
4. That any city, partner, or other party may withdraw from this Agreement at any time by providing written notice to the Director.
5. That this Agreement may be modified and amended by written agreement of the parties hereto.
6. That all activities and projects under this Agreement shall be conducted in accordance with the applicable laws, regulations, and general provisions of the Unites States and the State of Utah, specifically including the state and federal civil rights laws and the Americans with Disabilities Act.