Interlocal Cooperation Basics
This page provides an overview of how interlocal agreements (ILAs) can be made among Washington local governments under the Interlocal Cooperation Act and briefly describes other types of interagency contracts and agreements.
It is part of MRSC's series on Interlocal Cooperation.
Overview
Interlocal cooperation can reduce duplication, offer economies of scale, and improve governmental efficiency. Local governments engage in cooperative efforts with each other, state agencies, and other governmental entities.
Interlocal cooperation can take many forms and is found in nearly every government area. Washington’s Interlocal Cooperation Act, chapter 39.34 RCW, authorizes local governments to contract with other public agencies via interlocal agreements (ILAs) that enable them to work together to provide services or facilities to the public. The Act also allows for the creation of nonprofit corporations to carry out these projects.
This page describes interlocal agreements and their various purposes, discusses the Interlocal Cooperation Act requirements, and briefly describes other types of interagency agreements and contracts.
For examples of ILAs in a range of sectors, see our other pages in the Interlocal Cooperation series.
What Is an Interlocal Agreement?
Interlocal agreements are between two or more local governments and involve collaboration on a specific project or service (RCW 39.34.030(1)). Some of the reasons agencies may enter into this type of agreement include:
- One agency intends to provide a service (e.g., fire, animal control, and law enforcement) to another; or two agencies plan to jointly develop a service;
- Two or more agencies want to create a facility together;
- Two or more agencies intend to share personnel and resources;
- Two or more agencies plan to provide mutual aid for public welfare;
- Two or more agencies wish to create a separate legal entity for a cooperative project;
- Multiple agencies want to use a small works roster;
- One agency wishes to piggyback on a contract from another public agency.
The Interlocal Cooperation Act
The Interlocal Cooperation Act, Chapter 39.34 RCW provides the statutory framework for two or more public agencies to enter into interlocal agreements. RCW 39.34.020 defines a "public agency" as:
- A municipal corporation;
- A quasi-municipal corporation;
- A special purpose district;
- A local service district;
- A state agency;
- A federal agency;
- Any federally-recognized Indian tribe;
- Any government agency from another state;
Per RCW 39.34.010, the purpose of the Act is:
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 pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities.
The Act recognizes public agencies’ authority to collaborate on governmental activities as long as each agency has the authority to perform these activities (RCW 39.34.080). The powers and authority conferred by the Act are in addition to and supplemental to a public agency’s other powers and legal authority (RCW 39.34.100).
Required elements of an ILA are outlined in RCW 39.34.030. An agency’s governing body must approve and ILA by resolution or ordinance (RCW 39.34.030(2). Agencies are also required to either file a signed ILA with the county auditor or post it on their website or other electronically retrievable public source (RCW 39.34.040).
Practice Tip: While there is no penalty for failure to file or post agreements, a court of appeals decision, State v. Plaggemeier (1999), held that an agreement may be found invalid if it has not been filed or posted as required. Plaggemeier was decided under an earlier version of RCW 39.34.040 which required the filing of an interlocal agreement with the county auditor and secretary of state. That statute, however, has been twice amended and now only requires filing the agreement with the county auditor or listing it on the agency’s website. Even with the change in the statutory language, Plaggemeier is important as it indicates that an ILA could be invalidated by a court if it is not properly filed or listed.
Other Types of Interagency Contracts and Agreements
Not all contracts between local government entities are interlocal agreements pursuant to the Interlocal Cooperation Act. As mentioned above, the powers in chapter 39.34 RCW are supplemental to an agency’s other powers and authority, including an agency’s contracting authority. For information about the different forms interagency agreements may take, see our blog Local Government Contracting and Agreements for Non-Public Works Projects (2021).
Additionally, sometimes agencies enter into memorandums of understanding (MOUs) to establish partnerships or to provide a common understanding related to a certain issue or subject matter. MOUs are typically non-binding. See MOU examples in our Sample Document Library.
If you are looking for interlocal agreements and memoranda of understanding between public agencies and tribes, review the ILA and MOU examples in our Sample Document Library.
