The application for a waiver shall be filed on a form specified by the Purchaser. The waiver application will be sent electronically to any person who requests such notification. The Purchaser will consult with the Director on the waiver application and shall respond to the requesting department within 5 days of receipt of a waiver application. Waivers may be issued for up to the term of the Contract. Waivers from the requirements of this Chapter are available under the following circumstances:
(a) Emergency. A City department may grant itself a waiver from this Chapter when the purchase of a Commodity is necessary to respond to an emergency which meets the criteria set forth in section 21.15(a) of the Administrative Code. In such case, the Director of the City department shall within two business days notify the Purchaser in writing of the emergency that prevented compliance with this Chapter, disclose the use and intensity of use of the product, describe steps being taken to safeguard public and City employee health during the emergency use and explain how such an emergency will be avoided in the future.
(b) Performance Standards. A City department may request a waiver from this Chapter from the Purchaser when no product on the Approved Alternatives List meets departmental performance standards. The Purchaser shall grant a waiver upon a showing that the requesting department has:
(i) thoroughly tested each product on the Approved Alternatives List and none meet the department's performance standards (including timely availability); and
(ii) disclosed the use and intensity of use for the product and developed a reasonable plan to minimize use of the selected product and/or protect employees and public from exposure; and
(iii) provide a written memorandum detailing all attempts to explore and utilize listed alternatives to the selected product within the waiver period.
(c) Cost Prohibitive. A City department may request a waiver from this Chapter from the Purchaser when every product on the Approved Alternatives List is cost prohibitive. The Purchaser shall grant a waiver upon a showing that the requesting department has:
(i) demonstrated that each product on the Approved Alternatives List is cost prohibitive while taking into account the goals set forth in Section 201; and
(ii) disclosed the use and intensity of use for the product and developed a reasonable plan to minimize use of the selected product and/or protect employees and public from exposure; and
(iii) provide a written memorandum detailing all attempts to explore and utilize listed alternatives to the selected product within the waiver period.
(d) Other. The Purchaser may determine that a waiver should be granted upon a showing that the requesting department has demonstrated a reasonable basis for a waiver and developed a reasonable plan to minimize use of the selected product and/or protect employees and public from exposure and to investigate alternatives to the selected product during the waiver period.
(e) The Purchaser shall report on waivers granted to the Director and the Director shall report to the Commission at its next public meeting on:
(i) the product for which a City department obtained a waiver;
(ii) the proposed use and intensity of the product being used and the reason for the waiver;
(iii) steps being taken to safeguard public and City employee health during the waiver period; and
(iv) other waivers granted to that department.
(f) The Purchaser and the Director shall maintain and post a list of all waivers on their Departments' websites organized by department and shall mail the list to any person who requests such list.
(Added by Ord. 115-05, File No. 050595, App. 6/17/2005)
(Former Sec. 206 added by Ord. 171-03, File No. 030422, App. 7/3/2003; repealed by Ord. 115-05; Derivation Former Administrative Code Section 21F.7; added by Ord. 121-99, File No. 990405, App. 5/21/99)