TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, authorizing the County to enter into a purchasing Services Agreement with the City of Pittsburgh under the Pennsylvania Intergovernmental Cooperation Act for the purpose of jointly cooperating in the performance and exercise of certain governmental functions in the area of providing purchasing services.
BODY
Whereas, the General Local Government Code, 53 P.S. §2301 et. seq., generally provides that two or more municipalities may jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities; and
Whereas, the Act permits municipalities to enter into cooperation agreements to jointly carry out their respective governmental functions upon the passage of an ordinance; and
Whereas, the Administration feels that it would be beneficial to the County and the region to enter into a services agreement to provide purchasing services for the City of Pittsburgh and has agreed to discuss such an arrangement and would be willing to enter into such an agreement as long as that there is no negative economic, financial or operational effect upon the County as a result of the City and County entering into such an agreement; and
Whereas, the Administration has directed appropriate representatives of the Department of Administrative Services and the Department of Law to undertake discussions with appropriate representatives of the City towards negotiating such an agreement with the City; and
Whereas, the Administration believes that it has reached an understanding with the City that will be mutually beneficial and seeks authority under the Act to execute such an agreement.
The Council of Allegheny County hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein as findings of fact made by County Council.
SECTION 2. Cooperation Agreement Authorized
The County is hereby authorized to enter into a cooperation agreement with the City to jointly cooperate in the performance of governmental functions in the area of purchasing (the “Purchasing Services Agreement”). The Purchasing Services Agreement shall be in a form approved by the County Solicitor, the County Director of Administrative Services, shall be approved by the County Manager, and shall be attached hereto and marked as "Attachment A".
SECTION 3. Duration of Cooperation Agreement
The Purchasing Services Agreement shall continue until terminated by either the City or the County.
SECTION 4. Purpose and Objectives
The Purchasing Services Agreement shall be for the purposes and objectives set forth therein.
SECTION 5. Structure and Financing
The Purchasing Services Agreement shall be carried out by the appropriate departments of the City and County. Unless otherwise specified in the Purchasing Services Agreement, each party shall bear its own costs and expenses in carrying out the terms and conditions of the Purchasing Services Agreement.
SECTION 6. Real and Personal Property
All real and personal property shall be acquired, managed, licensed and disposed of in accordance with the terms of the Purchasing Services Agreement.
SECTION 7. Effective Date
This Ordinance shall enter into effect on the date of its enactment.
SECTION 8. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 9. Repealer. Any Resolution and Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.
SUMMARY OF LEGISLATION
The attached proposed ordinance would authorize the County to enter into a purchasing Services Agreement with the City of Pittsburgh under the Intergovernmental Cooperation Act, 53 Pa. St. Ann. § 481, et seq. The contemplated Services Agreement has been discussed between representatives of the County's Department of Law and Department of Administrative Services, on the one hand, and their City counterparts, on the other hand.