1. (1) The department shall maintain a record of each request for partnering. Except for individual records in the file that may be classified as private or protected, the contents of the file shall otherwise be public.
2. (2) If the commission agrees to the request for partnering, then the department shall develop an interlocal agreement with the local government that will set forth the proposal, the method of participation, the work that will be done, and projected timelines.

3. (3) An agreement described in Subsection (2) shall include:

   1. (a) adequate security to the department of receiving the local matching funding proposed by the local government;
   2. (b) a statement indicating that the agreement does not preclude the department from requiring other agreements related to the proposed project;
   3. (c) a statement indicating that the agreement does not include the work terms for the project;
   4. (d) any indemnification clause determined necessary by the department; and
   5. (e) a statement that incorporates the proposal that was approved by the commission.

KEY: transportation, local governments, partnering, highways

Date of Last Change: May 12, 2025

Authorizing, and Implemented or Interpreted Law: 72-2-123