AlabamaTitle 11 Counties and Municipal Corporations
Subtitle 3 Provisions Applicable to Counties and Municipal Corporations
Chapter 102 Common Service Contracts by Counties and Municipalities
§ 11-102-1. Joint exercise of powers or services authorized.
Except as otherwise provided in this chapter or as otherwise prohibited by law, any county or incorporated municipality of the State of Alabama may enter into a written contract with any one or more counties or incorporated municipalities for the joint exercise of any power or service that state or local law authorizes each of the contracting entities to exercise individually. For purposes of this chapter, it is sufficient if each of the contracting entities has the authority to exercise or perform the power or service which is the subject of the contract regardless of the manner in which the power or service shall be exercised or performed, provided that at least one of the contracting parties has the authority to exercise the power or service in the manner agreed upon by the parties. The joint contract may provide for the power or service to be exercised by one or more entities on behalf of the others or jointly by the entities.
Title 41 State Government
Article 3 Competitive Bidding on Contracts of Certain State and Local Agencies, etc.
Section 41-16-50 Contracts for which competitive bidding is required.
§ 41-16-50 Contracts for which competitive bidding is required.
(b) The governing bodies of two or more contracting agencies, as enumerated in subsection (a), or the governing bodies of two or more counties, or the governing bodies of two or more city or county boards of education, may provide, by joint agreement, for the purchase of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property for use by their respective agencies. The agreement shall be entered into by similar ordinances, in the case of municipalities, or resolutions, in the case of other contracting agencies, adopted by each of the participating governing bodies, which shall set forth the categories of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property to be purchased, the manner of advertising for bids and the awarding of contracts, the method of payment by each participating contracting agency, and other matters deemed necessary to carry out the purposes of the agreement. Each contracting agency's share of expenditures for purchases under any agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as for other expenses of the contracting agency. The contracting agencies entering into a joint agreement, as herein permitted, may designate a joint purchasing or bidding agent, and the agent shall comply with this article. Purchases, contracts, or agreements made pursuant to a joint purchasing or bidding agreement shall be subject to all terms and conditions of this article.
§ 41-16-51 Contracts for which competitive bidding not required
(16) Subject to the limitations in this subdivision, purchases of goods or services, other than voice or data wireless communication services, made as a part of the purchasing cooperative sponsored by the National Association of Counties, its successor organization, or any other national or regional governmental cooperative purchasing program. Such purchases may only be made if all of the following occur:
a. The goods or services being purchased are available as a result of a competitive bid process conducted by a governmental entity and approved by the Alabama Department of Examiners of Public Accounts for each bid.
b. The goods or services are either not at the time available to counties on the state purchasing program or are available at a price equal to or less than that on the state purchasing program.
c. The purchase is made through a participating Alabama vendor holding an Alabama business license if such a vendor exists.
d. The entity purchasing goods or services under this subdivision has been notified by the Department of Examiners of Public Accounts that the competitive bid process utilized by the cooperative program offering the goods complies with this subdivision.
This code pertains to the following political subdivisions only:
- County Commissions
- City and County Boards of Education
- Community College System
- State Colleges or Universities under the supervision and control of the State Board of Education
- State Junior Colleges
- State Trade Schools
- Governing Boards of Instrumentalities of Counties and Municipalities, including Waterworks Boards, Sewer Boards, Gas Boards, and other like Utility Boards and Commissions
- Other Entities Subject to the Code of Alabama 1974, Section 41-16-60