Title
An Ordinance of the County of Allegheny authorizing the County to enter into an intergovernmental cooperation agreement with the City of Pittsburgh under which the County will provide purchasing and procurement services on behalf of the City.
Body
Whereas, the Intergovernmental Cooperation Act, 53 Pa. C.S.A. §2301 et seq (2009), (hereinafter “the Act,”) 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, Allegheny County Council previously enacted County Ordinance No. 24-04-OR, authorizing the County of Allegheny (hereinafter “the County”) to enter into discussions with the City of Pittsburgh (hereinafter “the City”) regarding intergovernmental cooperation agreements in a number of areas dealing with the performance or exercise of governmental functions, including but not limited to, the area of purchasing and procurement; and
Whereas, the County, acting pursuant to the authority of County Ordinance No. 24-04-OR, has entered into discussions with and has completed negotiations with the City on a new intergovernmental cooperation agreement under which the County will undertake and provide purchasing and procurement services on behalf of the City; and
Whereas, Section 2305 of the Act provides that a local government may enter into an intergovernmental cooperation agreement upon the passage of an ordinance by its legislative governing body.
The Council of the County of Allegheny 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.
Section 2. Authorization To Enter Intergovernmental Cooperation
Agreement with the City of Pittsburgh______________
The County, through its Manager, is hereby authorized to enter into an intergovernmental cooperation agreement with the City under which the County will undertake and provide purchasing and procurement services on behalf of the City (hereinafter “the Intergovernmental Cooperation Agreement”). The Intergovernmental Cooperation Agreement shall be substantially in the form and shall include the terms, provisions and conditions set forth in the document attached hereto as Exhibit “A”. The Intergovernmental Cooperation Agreement shall be subject to final review and approval as to form by the County Solicitor.
Section 3. Duration of Intergovernmental Cooperation Agreement
The Intergovernmental Cooperation Agreement shall commence on the date when the last legislative approval is given by either the City or the County and, unless terminated sooner by action of the parties in accordance with its terms set forth therein, shall expire on December 31, 2012; provided however, that the duration of the Intergovernmental Cooperation Agreement may be extended beyond December 31, 2012 for succeeding periods not to exceed six (6) months upon mutual agreement of the City and the County.
Section 4. Purposes and Objectives of the Intergovernmental
Cooperation Agreement_____________________
The purpose and objectives of the Intergovernmental Cooperation Agreement are to cooperate in the area of purchasing and procurement of necessary goods and services by having the County provide purchasing and procurement services on behalf of both governmental bodies and thereby increase the efficient operation of both City and County governments.
Section 5. Structure and Financing
A. The Intergovernmental Cooperation Agreement shall be carried out by the departments, offices and officers of the respective governmental bodies as named in Exhibit “A.” The respective departments, offices and offices shall be assisted in the implementation of the Intergovernmental Cooperation Agreement by a joint Purchasing Advisory Committee as described in Exhibit “A.”
B. The City shall pay the County an amount not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) during each calendar year of the duration of the Intergovernmental Cooperation Agreement as provided in Section 3 above.
Section 6. Real and Personal Property
All real and personal property shall be acquired, managed, licensed and disposed of in accordance with: a) the applicable laws, ordinances, regulations and procedures governing the operations of the respective governmental bodies; and b) the provisions of the Intergovernmental Cooperation Agreement attached as Exhibit “A.”
Section 7. Conditions
All conditions pertaining to the cooperation of the respective governmental bodies shall be as set forth in Exhibit “A.”
Section 8. Effective Date
This Ordinance shall enter into effect on the date of its enactment.
Section 9. 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 10. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
SUMMARY OF LEGISLATION
This legislation would authorize the County to enter into an intergovernmental cooperation agreement with the City of Pittsburgh under which the County will provide purchasing and procurement services on behalf of the City.