[HISTORY: Adopted by the County Council of the County of Delaware as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-25-2006 by Ord. No. 2006-2]
A. 
The Delaware County Intermediate Unit an intermediate unit established by Article IX-A of the Public School Code of 1949, 24 P.S. § 9-956 et seq., (DCIU) has obtained the equipment necessary to, among other things, allow state-of-the-art communications of voice, video and other data transmissions between and among DCIU and the public school entities (the "schools") that it serves and to allow DCIU's administrators, employees and staff to access the Internet so as to obtain information and materials necessary for DCIU to provide the program of services to the schools that has been duly and properly authorized in accordance with 24 P.S. § 9-956.
B. 
In order to fully utilize the above-referenced equipment while performing its statutorily mandated duties, DCIU requires broadband Internet access.
C. 
In order to obtain broadband Internet access, DCIU entered into a contract with RCN Telecom Services, Inc. (RCN) pursuant to which RCN is serving as DCIU's internet service provider.
D. 
DCIU's contract with RCN provides it with a greater bandwidth than DCIU reasonably requires.
E. 
The County of Delaware (the "County") has obtained the equipment necessary, among other things, to allow state-of-the-art communications of voice, video and other data transmissions between and among its different facilities, to allow the County's officers, administrators, employees and staff to access the Internet and utilize e-mail for more efficient communication, and to allow the public to access the County's Web site, its computerized records and the different forms and resources that the County makes available through its Web site.
F. 
In order to fully utilize the above-referenced equipment while performing its statutorily-mandated duties, the County requires broadband Internet access.
G. 
The Area Government and Intergovernmental Cooperation Act (the "Act"), 53 Pa.C.S.A. § 2301 et seq., and, in particular, § 2305 of the Act, permits a local government to delegate functions, powers or responsibilities to another governmental unit or local government.
H. 
The County wishes to delegate to DCIU its ability to obtain and maintain broadband Internet access.
I. 
DCIU is prepared to accept the delegation by the County of the County's ability to obtain and maintain broadband Internet access.
J. 
The County and DCIU wish to enter into an agreement governing the delegation to DCIU of the County's ability to obtain and maintain broadband Internet access (hereafter the "agreement").
The County of Delaware hereby enacts this article, pursuant to the provisions 53 Pa.C.S.A. § 2301 et seq., authorizing it to cooperate and enter into an agreement with DCIU to obtain and maintain broadband Internet access under the following terms and conditions:
A. 
This article shall not become binding upon the County to delegate the County's ability to obtain and maintain broadband Internet access and to negotiate and enter into the agreement unless and until the DCIU shall also pass an ordinance, resolution or other action authorizing the aforementioned delegation of powers.
B. 
Once the DCIU has enacted an enabling ordinance authorizing the intergovernmental cooperation, the County shall promptly negotiate and enter into an acceptable agreement. The material terms of the agreement shall provide, in part, that the County shall reimburse DCIU for the expenses that it incurs as a result of the intergovernmental cooperation.
This article shall remain in effect for the duration of the agreement with the DCIU and will not be repealed or rescinded by the County during said period of time.