[HISTORY: Adopted by the City Council of the City of Pittston as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-21-2019 by Res. No. 12300]
Due to the age of the sanitary and stormwater infrastructure in the City, emergency system failures occasionally present without warning, that immediately affect and pose a threat to the public health, sanitation, safety and or welfare, and which require immediate repair.
Pittston City Home Rule Charter §§ C11.07 and C3.04J and Pittston City Code § 23-2A(7) provide for emergency appropriations and emergency procurement to be set by policy of the City Council.
The following policy is set for procurement of emergency repairs to the city's stormwater and sanitary sewer system:
Emergency condition. Whenever an unexpected failure develops in the City stormwater and or sanitary sewer infrastructure, including but not limited to failures in piping, manholes, detention basis and adjacent roadways and public properties, that poses an immediate threat to public health, sanitation, safety and or welfare, the failure shall be immediately reported to the City Administrator. The City Administrator shall immediately review the condition, and, if the City Administrator agrees the failure poses an immediate public danger, this policy shall be applicable.
Declaration of emergency condition. The City Administrator shall in writing declare a sanitary or stormwater sewer emergency failure condition, describing the location and nature of the problem and date of occurrence for the purpose of this policy.
Emergency procurement. In order to promptly alleviate the threat to public health and safety resulting from an unexpected failure of the sanitary and stormwater infrastructure, the City Administrator is authorized to procure necessary and proper emergency repairs without regard to any other City procurement policies or procedures. The vendor so used shall be competent, licensed, insured and known to the City. Utilization shall be based on the ability to immediately respond to the emergency and the competence of the vendor to address the particular emergency situation. The City Administrator may consult with the City Engineer, Director of Operations, City Solicitor and any other City employee or official in order to make the most prudent selection of a vendor.
Reporting. The City Administrator shall promptly report to the Mayor and City Council on the sanitary or stormwater infrastructure emergency condition, the vendor selected under the emergency procurement process set forth in this policy, and the projected cost to alleviate the emergency.
Emergency legislation. The City Council shall, at the next regular meeting following the emergency sewer failure condition, adopt a resolution confirming the emergency, the applicability of this emergency procurement policy, and making such emergency appropriations as may be necessary to provide funding for the same.