T.Holleman - September 14, 2023 - Interlocal Agreements and Public Purchasing Laws

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 September 14, 2023 Tim C. Holleman, Esq. Attorney, Harrison County Board of Supervisors 1720 23rd Avenue/Boyce Holleman Boulevard Gulfport, Mississippi 39501 Re: Interlocal Agreements and Public Purchasing Laws Dear Mr. Holleman: The Office of the Attorney General has received your request for an official opinion. Question Presented In your request, you reference MS AG Op., Baker (July 20, 2001), which provides that a city may not adopt a county’s contract regarding the purchase of commodities. You ask if this prohibits a city and county from entering into an otherwise lawful interlocal agreement for the paving of roads whereby the county uses the county’s contractor for the work, and the city reimburses the county for its assistance. Brief Response The prohibition against a city adopting a county’s purchasing contract does not prevent a city from acting jointly with a county, by way of an otherwise lawful interlocal agreement, for the paving of roads. Applicable Law and Discussion The Baker opinion you reference correctly provides that a city is prohibited from piggybacking on a county’s purchasing contract and that purchases for commodities shall be made in accordance with Mississippi Code Annotated Sections 31-7-12 or 31-7-13. Baker at *1. A local governmental unit’s authority to enter into an interlocal agreement for paving is distinguishable from this prohibition. The Interlocal Cooperation Act of 1974 found in Sections 17-13-1 et seq., expressly authorizes cooperative contracts between governmental units: It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate and to contract with Tim C. Holleman, Esq. September 14, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 other local governmental units on a basis of mutual advantage and thereby provide services and facilities in a manner 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. Miss. Code Ann. § 17-13-3. Accordingly, an interlocal agreement allows two local governmental units to act jointly as long as each governmental unit has independent statutory authority for the proposed action, which both the city and county do under the set of facts presented here. However, the public purchasing laws still apply. It is the opinion of this office that the prohibition against a city adopting a county’s purchasing contract does not prevent a city from entering into an otherwise lawful interlocal agreement with a county for the paving of roads. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Abigail C. Overby Abigail C. Overby Special Assistant Attorney General