[HISTORY: Adopted by the Board of Supervisors of the Township
of Millcreek as indicated in article histories. Amendments noted where
applicable.]
[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.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
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:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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[1] 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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
D.
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.
E.
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.[1] 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.
[1]
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.
