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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Ordinance No. 55-05-OR, which authorized 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.
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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 continues to believe 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 negotiated such an arrangement to completion, determining 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, execution of the written agreement by the Administration and authorized representatives of the City is pending; and
Whereas, County Council passed Ordinance No. 55-05-OR on December 20, 2005, which the Chief Executive signed on December 22, 2005; and
Whereas, Ordinance No. 55-05-OR had attached to it an form of agreement identified as “Attachment A,” which memorialized the understanding existing at that time between the City and the County respecting the contemplated purchasing Services Agreement; and
Whereas, since Ordinance No. 55-05-OR was passed, the purchasing Services Agreement was finalized in a form that deviated in some respects from “Attachment A” to Ordinance No. 55-05-OR; and
Whereas, the Administration seeks an amendment to Ordinance No. 55-05-OR, which merely substitutes the final purchasing Services Agreement negotiated between the County and the City as “Attachment A.”
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. Incorporation of Ordinance No. 55-05-OR
Section 2 of Ordinance No. 55-05-OR is incorporated by reference herein, except that the final purchasing Services Agreement to be executed by the County Manager is attached hereto and marked as "Attachment A".
SECTION 3. Duration of Cooperation Agreement
Sections 3, 4, 5, 6, and 7 Ordinance No. 55-05-OR are incorporated by reference in their entirety herein.
SECTION 4. 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 5. 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 Ordinance.