130th Ohio General Assembly
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S. B. No. 125  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 125


Senators Seitz, Turner 



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.
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