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A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, establishing a formal policy guideline for the execution of contracts or other agreements with entities located outside the United States for the conveyance of freight into or through Allegheny County from points located outside the United States.
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WHEREAS, Allegheny County has historically encouraged principles of fair employment, fair trade, and promoting the public's health and safety; and; and
WHEREAS, in 2007, Allegheny County Council and the Chief Executive enacted Ordinance 08-07, which created a mandatory County policy prohibiting the purchase of produces produced in sweatshop conditions; and
WHEREAS, since the enactment of Ordinance 08-07, media reports describing working conditions in foreign countries have indicated that the sweatshop employment practices which were the foundation for the enactment of the ordinance have not changed; and
WHEREAS, in addition, it has also come to light that many products manufactured in certain foreign countries contain levels of lead or other contaminants that render them unsafe for use; and
WHEREAS, in addition to industrial contaminants, it is also possible that products manufactured in other nations might contain organisms or other organic contaminants that could prove detrimental to the health and safety of the County's residents or to the County's ecosystem, if inadvertently introduced here; and
WHEREAS, the County is in the process of expanding freight carrying at Greater Pittsburgh International Airport as a means of stimulating economic development in the region, and this expansion may well result in products originating in foreign countries travelling to or through Allegheny County; and
WHEREAS, although customs and other inspections provide some measure of security from the potential detrimental effects described above, it is not clear that such inspections are narrowly tailored to or conducted by individuals or entities with any particular familiarity with Allegheny County's policies regarding goods produced in sweatshops or with the public or ecological health of the County; and
WHEREAS, published reports have indicated that certain foreign nations persist in trafficking arms or other assistance to nations with the knowledge that such arms or other assistance will be used in the commission of genocide or other human rights violations; and
WHEREAS, it is the judgment of Council that Allegheny County should not, directly or indirectly, in any way aid or facilitate such endeavors by serving as a staging ground for the shipment of such items, nor should the County provide indirect assistance to the nations or other entities that provide them; and
WHEREAS, it is accordingly the sense of Council that the County should create a policy through which agreements permitting or requiring shipments of cargo originating outside the United States to arrive within Allegheny County should be made consistent with both the existing labor practice policies and the health of the County and its residents, as well as nationally and internationally recognized principles of human rights;
The Council of the County of Allegheny hereby resolves as follows:
Section 1.
Allegheny County Council and the Chief Executive hereby establish a policy through which agreements permitting or requiring shipments of cargo originating outside the United States to arrive within Allegheny County should be made consistent with both the existing labor practice policies and the health of the County and its residents. Pursuant to this policy, in exercising his purview over the negotiation and execution of contracts or other agreements permitting or requiring international shipments of cargo to or through Allegheny County pursuant to Article V, Section 2(i) of the Home Rule Charter of Allegheny County, before executing any such agreement, the Chief Executive shall, to the extent practicable, obtain assurances that:
A. None of the cargo arriving within the County has been manufactured or is intended to assist the manufacture of goods in sweatshop conditions, as defined in Article 903 of the Administrative Code of Allegheny County;
B. None of the cargo arriving within the County has been manufactured or is intended to assist in the violation of the human rights of any individual(s), whether within the United States or other sovereign nations; and
C. None of the cargo arriving within the County contains any organisms or industrial or organic contaminants that could prove detrimental to the health and safety of the County's residents or to the County's ecosystem, if inadvertently introduced here.
Section 3. Severability. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
Section 4. Repealer. Any resolution or ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.