Bill Text: OH SB125 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To generally authorize political subdivisions to enter into agreements to perform services for one another and to authorize a regional council of governments to enter into unit price contracts related to buildings on behalf of member political subdivisions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-22 - To State & Local Government & Veterans Affairs [SB125 Detail]
Download: Ohio-2011-SB125-Introduced.html
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Senators Seitz, Turner
To enact sections 9.64 and 167.081 of the Revised | 1 |
Code to generally authorize political subdivisions | 2 |
to enter into agreements to perform services for | 3 |
one another and to authorize a regional council of | 4 |
governments to enter into unit price contracts | 5 |
related to buildings on behalf of member political | 6 |
subdivisions. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.64 and 167.081 of the Revised Code | 8 |
be enacted to read as follows: | 9 |
Sec. 9.64. (A) As used in this section, "political | 10 |
subdivision" has the meaning defined in section 2744.01 of the | 11 |
Revised Code. | 12 |
(B)(1) When authorized by their respective legislative | 13 |
authorities, any political subdivision may enter into an agreement | 14 |
with any other political subdivision whereby a contracting | 15 |
political subdivision agrees to exercise any power, perform any | 16 |
function, or render any service for another contracting recipient | 17 |
political subdivision that the contracting recipient political | 18 |
subdivision is otherwise legally authorized to exercise, perform, | 19 |
or render. | 20 |
(2) In the absence in the agreement of provisions determining | 21 |
by what officer, office, department, agency, or other authority | 22 |
the powers and duties of a contracting political subdivision shall | 23 |
be exercised or performed, the legislative authority of the | 24 |
political subdivision shall determine and assign the powers and | 25 |
duties. | 26 |
(3) An agreement authorized by this section shall not suspend | 27 |
the possession by a contracting recipient political subdivision of | 28 |
any power or function that is exercised or performed on its behalf | 29 |
by another contracting political subdivision in pursuance of the | 30 |
agreement. | 31 |
(4) No agreement entered into under this section shall be | 32 |
performed within a political subdivision by another political | 33 |
subdivision without obtaining the written consent of the political | 34 |
subdivision which is not a party to the agreement and in which the | 35 |
agreement is to be performed prior to the performance of the | 36 |
agreement. | 37 |
(C) No political subdivision shall enter into any agreement | 38 |
pursuant to division (B) of this section to levy any tax or to | 39 |
exercise, with regard to public moneys, any investment powers, | 40 |
perform any investment function, or render any investment service | 41 |
on behalf of a contracting subdivision. | 42 |
(D) Chapter 2744. of the Revised Code, insofar as it applies | 43 |
to the operation of a political subdivision, applies to the | 44 |
political subdivisions that are parties to an agreement authorized | 45 |
by this section and to their employees when they are rendering a | 46 |
service outside the boundaries of their employing political | 47 |
subdivision under such an agreement. Employees acting outside the | 48 |
boundaries of their employing political subdivision while | 49 |
providing a service under an agreement authorized by this section | 50 |
may participate in any pension or indemnity fund established by | 51 |
the political subdivision to the same extent as while acting | 52 |
within the boundaries of the political subdivision, and are | 53 |
entitled to all the rights and benefits of Chapter 4123. of the | 54 |
Revised Code, to the same extent as while they are performing a | 55 |
service within the boundaries of the political subdivision. | 56 |
Sec. 167.081. If sections 153.50, 153.51, and 153.52 of the | 57 |
Revised Code do not apply, a regional council may enter into a | 58 |
contract that establishes a unit price for, and provides upon a | 59 |
per unit basis, materials, labor, services, overhead, profit, and | 60 |
associated expenses for the repair, enlargement, improvement, or | 61 |
demolition of a building or structure if the contract is awarded | 62 |
pursuant to a competitive bidding procedure of a county, municipal | 63 |
corporation, or township or a special district, school district, | 64 |
or other political subdivision that is a council member; a | 65 |
statewide consortium of which the council is a member; or a | 66 |
multistate consortium of which the council is a member. | 67 |
A public notice requirement pertaining to the contract shall | 68 |
be considered as having been met if the public notice is given | 69 |
once a week for at least two consecutive weeks in a newspaper of | 70 |
general circulation within a county in this state in which the | 71 |
council has members and if the notice is posted on the council's | 72 |
internet web site for at least two consecutive weeks before the | 73 |
date specified for receiving bids. | 74 |
A county, municipal corporation, or township and a special | 75 |
district, school district, or other political subdivision that is | 76 |
a council member may participate in a contract entered into under | 77 |
this section. Purchases under a contract entered into under this | 78 |
section are exempt from any competitive selection or bidding | 79 |
requirements otherwise required by law. A county, municipal | 80 |
corporation, or township or a special district, school district, | 81 |
or other political subdivision that is a member of the council is | 82 |
not entitled to participate in a contract entered into under this | 83 |
section if it has received bids for the same work under another | 84 |
contract, unless participation in a contract under this section | 85 |
will enable the member to obtain the same work, upon the same | 86 |
terms, conditions, and specifications, at a lower price. | 87 |