[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.
The following policy is set for procurement of emergency repairs
to the city's stormwater and sanitary sewer system:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
