The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 125 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
A BILL
To enact sections 9.64 and 167.081 of the Revised
Code 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.
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
be enacted to read as follows:
Sec. 9.64. (A) As used in this section, "political
subdivision" has the meaning defined in section 2744.01 of the
Revised Code.
(B)(1) When authorized by their respective legislative
authorities, any political subdivision may enter into an agreement
with any other political subdivision whereby a contracting
political subdivision agrees to exercise any power, perform any
function, or render any service for another contracting recipient
political subdivision that the contracting recipient political
subdivision is otherwise legally authorized to exercise, perform,
or render.
(2) In the absence in the agreement of provisions determining
by what officer, office, department, agency, or other authority
the powers and duties of a contracting political subdivision shall
be exercised or performed, the legislative authority of the
political subdivision shall determine and assign the powers and
duties.
(3) An agreement authorized by this section shall not suspend
the possession by a contracting recipient political subdivision of
any power or function that is exercised or performed on its behalf
by another contracting political subdivision in pursuance of the
agreement.
(4) No agreement entered into under this section shall be
performed within a political subdivision by another political
subdivision without obtaining the written consent of the political
subdivision which is not a party to the agreement and in which the
agreement is to be performed prior to the performance of the
agreement.
(C) No political subdivision shall enter into any agreement
pursuant to division (B) of this section to levy any tax or to
exercise, with regard to public moneys, any investment powers,
perform any investment function, or render any investment service
on behalf of a contracting subdivision.
(D) Chapter 2744. of the Revised Code, insofar as it applies
to the operation of a political subdivision, applies to the
political subdivisions that are parties to an agreement authorized
by this section and to their employees when they are rendering a
service outside the boundaries of their employing political
subdivision under such an agreement. Employees acting outside the
boundaries of their employing political subdivision while
providing a service under an agreement authorized by this section
may participate in any pension or indemnity fund established by
the political subdivision to the same extent as while acting
within the boundaries of the political subdivision, and are
entitled to all the rights and benefits of Chapter 4123. of the
Revised Code, to the same extent as while they are performing a
service within the boundaries of the political subdivision.
Sec. 167.081. If sections 153.50, 153.51, and 153.52 of the
Revised Code do not apply, a regional council may enter into a
contract that establishes a unit price for, and provides upon a
per unit basis, materials, labor, services, overhead, profit, and
associated expenses for the repair, enlargement, improvement, or
demolition of a building or structure if the contract is awarded
pursuant to a competitive bidding procedure of a county, municipal
corporation, or township or a special district, school district,
or other political subdivision that is a council member; a
statewide consortium of which the council is a member; or a
multistate consortium of which the council is a member.
A public notice requirement pertaining to the contract shall
be considered as having been met if the public notice is given
once a week for at least two consecutive weeks in a newspaper of
general circulation within a county in this state in which the
council has members and if the notice is posted on the council's
internet web site for at least two consecutive weeks before the
date specified for receiving bids.
A county, municipal corporation, or township and a special
district, school district, or other political subdivision that is
a council member may participate in a contract entered into under
this section. Purchases under a contract entered into under this
section are exempt from any competitive selection or bidding
requirements otherwise required by law. A county, municipal
corporation, or township or a special district, school district,
or other political subdivision that is a member of the council is
not entitled to participate in a contract entered into under this
section if it has received bids for the same work under another
contract, unless participation in a contract under this section
will enable the member to obtain the same work, upon the same
terms, conditions, and specifications, at a lower price.
|
|