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A written determination of the basis for the emergency and <br />for the selection of the particular contractors shall be <br />included in the contract file. An emergency shall be deemed <br />to exist when a breakdown in machinery and/or equipment <br />and/or a threatened termination of essential services or a <br />dangerous condition develops, or when an unforeseen <br />circumstance arises causing curtailment or diminution of an <br />essential service or where materials or services are needed <br />to prevent loss of life or property or where there is a <br />threat to public health, welfare or safety. The purchasing <br />agent shall issue a written notice stating that the contract <br />is being awarded on an emergency basis, and identifying that <br />which is being procured, the contractor selected, and the <br />date on which the contract was or will be awarded. This <br />notice shall be posted in a designated public area on the <br />day of the contractor award or on the day the decision to <br />award is made, whichever occurs first, or as soon thereafter <br />as is practicable. <br /> That there be added to Chapter 11 of the Code of the <br /> City of Portsmouth Section 11-133 to read as follows: <br /> <br />11-133. <br /> <br /> The <br />goods or <br />required <br />payment <br /> <br /> Prompt payment. <br />City shall promptly pay for the completed delivered <br />services by the required payment date. The <br />payment date shall be either: (i) the date on which <br />is due under the terms of the contrac~ for the <br /> <br />provision of such goods or services; or (ii) if such date is <br />not established by contract, not more than 45 days after <br />goods or services are received or not more than 45 days <br />after the invoice is rendered, whichever is later. <br /> Separate payment dates may be specified for contracts <br /> under which goods or services are provided in a series of <br /> partial executions or deliveries to the extent that the <br /> contract provides for separate payment for partial execution <br /> or delivery. <br /> within 20 days after the receipt of the invcice or <br /> goods or services, the City shall notify the business <br /> concern of any defect or impropriety which would prevent <br /> payment by the payment date. <br /> Unless otherwise provided under the terms of the <br /> contract for the provision of goods or services, if the City <br /> fails to pay by the payment date there shall be assessed any <br /> finance charges assessed by the business concern provided, <br /> however, such finance charge shall not exceed one (1) <br /> percent per month. <br /> The provisions of this section shall not apply to the <br /> late payment provisions in any public utility tariffs or <br /> public utility negotiated contracts. <br /> <br /> <br />