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ORDINANCE NO. 2025-51 <br />AN ORDINANCE AMENDING ARTICLE V (PUBLIC PROCUREMENT) OF <br />CHAPTER 12 (FINANCE) OF THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA BY ADDING A NEW SECTION 12-188 REGARDING CONTRACTS <br />FOR INFORMATION TECHNOLOGY GOODS OR SERVICES. <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br />1. That Article V (Public Procurement) of Chapter 12 (Finance) of the Code <br />of the City of Portsmouth, Virginia is amended by adding a new Section 12-188 as <br />follows: <br />12-188. Compliance with State Law in Information Technology Goods or Services <br />Contracts; Contract Terms Inconsistent with State Law. <br />a) As used in this section, "information technology goods and services" means <br />communications, telecommunications, automated data processing, applications <br />databases, data networks, management information systems, and other related <br />goods and services. <br />b) No term or provision in any public contract for the acquisition of information <br />technology goods or services shall be valid or enforceable to the extent that it is in <br />conflict with Virginia law. A public contract containing such a term or provision <br />shall otherwise remain enforceable. <br />c) Any term or provision in such a public contract that (i) makes the public contract <br />subject to, governed by, or interpreted under the laws of another state or country_ <br />or (ii) requires or permits any litigation or other dispute resolution proceeding <br />arising from the public contract to be conducted in another state or country shall <br />be void. Such public contract shall instead be deemed to provide for the <br />application of the law of the Commonwealth of Virginia, without regard to such <br />contract's choice of law provisions, and to provide for jurisdiction in the courts of <br />the Commonwealth. <br />2. That the purpose of this amendment is to incorporate the provisions of <br />Virginia Code Section 2.2-4311.3 into the City Code. <br />3. That this ordinance shall take effect on the date of its adoption. <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held <br />on July 8, 2025. <br />Teste: <br />City Clerk <br />