[HISTORY: Adopted by the Board of Supervisors of the Township of Millcreek as indicated in article histories. Amendments noted where applicable.]
Article I Erie Area Council of Governments
[Adopted 6-17-1997 by Ord. No. 97-11]
This article shall be known as the "Intergovernmental Cooperation Ordinance."
The purpose of this article is to promote the order, convenience, prosperity and general welfare of Millcreek Township through intergovernmental cooperation as authorized by the Intergovernmental Cooperation Law of 1996, as may in the future be amended.
Millcreek Township hereby accepts membership into the Erie Area Council of Governments (COG) and shall remain a member unless and until such time as the Board of Supervisors by resolution duly adopted shall terminate, rescind or modify such membership.
The Board of Supervisors is hereby authorized to appropriate monies from the general fund of the Township on an annual basis as approved by resolution duly adopted to pay any membership fees and/or dues in the COG.
The Board of Supervisors is further authorized to appropriate monies from the general fund as may from time to time be needed to pay Millcreek Township's proportionate share of administrative fees or costs for participation in activities of the COG.
Millcreek Township hereby approves adoption of the bylaws of the Erie Area COG, which bylaws as approved by the COG shall be incorporated in this article by reference. The Board of Supervisors is authorized by resolution duly adopted to approve future modifications or amendments of such bylaws on behalf of the Township.
In accordance with the bylaws of the Erie Area COG, the following provisions shall apply to appointment and service of Millcreek Township delegates to the COG:
The Board of Supervisors shall appoint annually at its organizational meeting one designated delegate and not less than one alternate delegate to attend all Erie Area COG meetings and to speak and vote on behalf of Millcreek Township.
The designated Millcreek Township delegate and/or alternate delegate may exercise only such authority in proceedings of the Erie Area COG as has been delegated by Millcreek Township and the COG.
To the extent that any act or action by the Erie Area COG requires performance of an official act or approval by Millcreek Township, such act or action by the COG shall not bind Millcreek Township until such time as the Board of Supervisors, by resolution duly adopted, has approved participation by Millcreek Township in such act or action.
The Township's delegate and alternate delegate(s) to the Erie Area COG shall report to the Board of Supervisors concerning all activities of the COG.
The Board of Supervisors is authorized to cooperate with fellow member municipalities of the Erie Area COG, other local governments, the County of Erie, the Commonwealth of Pennsylvania and the federal government in order to purchase goods, materials, equipment and, where authorized, services in the most cost efficient manner.
The Board of Supervisors is authorized to participate in any available intergovernmental purchasing program offered by the federal government, the Commonwealth of Pennsylvania and/or the County of Erie and to purchase goods, materials and equipment under contracts of such governments without bids where the Board of Supervisors believes such purchase will result in a savings of Township funds and the goods, materials and/or equipment meet Township specifications.
The Board of Supervisors is authorized to participate in joint purchasing with other member municipalities of the Erie Area COG through specifications approved by the Board of Supervisors, with a solicitation of bids or quotations to be advertised or issued as required by applicable laws by the Erie Area COG on behalf of the participating municipalities and Millcreek Township being responsible for payment of its proportionate share of advertising and administrative costs incurred by the COG in providing such service. Participation in such joint solicitation administered by the Erie Area COG shall not obligate the Township to award a contract, the Board of Supervisors to determine upon review of bids or quotations received whether to award a contract or reject all bids.
The Board of Supervisors is authorized to participate with other local governments in the preparation of specifications, advertising of solicitation for bids or requests for proposals for the acquisition of goods, materials, equipment and, where authorized by law, services, independent of the Erie Area COG. In all such cases, requirements of law established in the Intergovernmental Cooperation Law and elsewhere for the advertised solicitation for bids and/or quotations shall be complied with by the "lead municipality" assuming responsibility therefor on behalf of other participating municipalities, and Millcreek Township shall pay its proportionate share of advertising and administrative costs incurred by the lead municipality in performing such responsibilities.
The Board of Supervisors is authorized to make direct purchases and joint purchases with private educational establishments in accordance with the authorization granted in 53 Pa.C.S.A. §§ 2309 and 2310, as may in the future be amended, where the Board of Supervisors finds that such purchases will be in the best interest of Millcreek Township.
In all cases, the Board of Supervisors shall have the right to reject any or all bids, and shall award an individual contract on behalf of the Township.
The specimen joint purchasing agreement to be utilized by the Erie Area COG with respect to solicitation of bids or quotations for joint purchases by member municipalities, a copy of which is attached to this article as Exhibit A, is hereby approved. Such agreement shall remain effect on a year-to-year basis until amended by member municipalities, subject to each municipality's having the right to withdraw from the agreement upon 60 days' prior written notice. The Board of Supervisors by resolution duly adopted is authorized to approve extensions and/or modifications of such Joint Purchasing Agreement and, should it deem such action appropriate, to withdraw from a joint purchasing agreement effective upon the prior written notice required in the document.
Editor's Note: Exhibit A is available from the Township offices.
The Board of Supervisors is authorized to enter into joint purchasing agreements with other local governments independent of the Erie Area COG where it deems such joint solicitation and purchase to be in the best interests of the Township. Millcreek Township's membership in the Erie Area COG shall not be deemed to limit the Township's rights to enter into contracts individually, through purchase programs maintained by the federal government, Commonwealth of Pennsylvania and County of Erie or through joint purchase agreements with one or more other local governments.
Where Millcreek Township participates in joint purchasing where the Erie Area COG or another local government as lead municipality shall be responsible for administrative duties, advertising and/or receipt and review of bids or proposals, the Township delegates to the Erie Area COG or the other local government serving as lead municipality duties and authority to perform such administrative functions and advertising as are required by applicable laws and agreements.
The Board of Supervisors is authorized to take all actions required to effectuate this article.