2006 Utah Code - 67-5b-104 — Requirements of agreement.

     67-5b-104.   Requirements of agreement.
     (1) To qualify for contracting as a Children's Justice Center, a comprehensive, multidisciplinary, nonprofit, intergovernmental body consisting of two or more public agencies and other persons shall enter into written agreements with one another for joint or cooperative action pursuant to this part.
     (2) Any agreement to create a center shall specify the following:
     (a) its duration, not to exceed 50 years;
     (b) the precise organization, composition, membership, and nature of any separate legal or administrative entity created, together with the powers delegated;
     (c) its purpose;
     (d) the manner of financing the joint or intergovernmental undertaking and of establishing and maintaining a budget;
     (e) the contracting public agency designated to oversee the accountability of the center, including the budget, costs, personnel, and management pursuant to Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
     (f) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and in disposing of property upon the partial or complete termination; and
     (g) any other necessary and proper matters.
     (3) Any agreement made pursuant to this part shall, prior to and as a condition precedent to its becoming effective, be reviewed by the attorney general and the county attorney of the county where the center is located and approved for form and compatibility with the laws of this state.
     (4) Prior to its becoming effective, any agreement made pursuant to this part shall be filed with the person who keeps the records of each of the public agencies and other persons who are parties to it.
     (5) No agreement made pursuant to this part shall relieve any public agency of any obligation or responsibility imposed upon it by law except that actual and timely performance by an intergovernmental legal entity created to perform joint intergovernmental functions by an agreement made under this section may be offered in satisfaction of the obligation or responsibility.
     (6) Any public agency entering into an agreement pursuant to this part may appropriate funds and may sell, lease, give, or otherwise supply tangible and intangible property to a center created to operate the joint or intergovernmental undertaking and may provide personnel or services as may be within its legal power to appropriate, sell, lease, give, supply, or furnish.
     (7) Any one or more public agencies may contract with each other or with a legal or administrative entity created pursuant to this part to perform any governmental service, activity, or undertaking which each public agency or person entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party to the contract.
     (8) Any facility or improvement jointly owned or jointly operated by any two or more public agencies and other persons or acquired or constructed pursuant to an agreement under this part may be operated by the intergovernmental body as may be provided by appropriate contract. Payment for the cost of the operation of the facility or improvement shall be made as provided in

the contract and in accordance with any appropriation or funding restrictions.

Amended by Chapter 71, 2005 General Session