§ 12Q.6.

WAIVERS BY THE AGENCY DIRECTOR

a.

The Agency Director or designee, in consultation with the Department of Public Health, shall waive the requirements of this Chapter when the Contracting Department has provided justification to the Agency Director, and the Agency Director has found that one of the following circumstances exists:

1.

The needed service, project or property arrangement under the Contract or Lease is available only from a sole source;

2.

Pursuant to Chapter 6 or 21 of the Administrative Code, the Contract or Lease is necessary to respond to an emergency that endangers the public health or safety;

3.

There are no qualified responsive bidders or prospective vendors or tenants that comply with the requirements of this Chapter and the agreement is for a service, lease or project that is essential to the City or the public;

4.

The public interest warrants the granting of a waiver because application of this Chapter would constitute an adverse impact on services or an unreasonable adverse financial impact on the City; or

5.

(A) services to be purchased are available under a bulk purchasing arrangement with a federal, state or local governmental entity;

B.

Purchase under such arrangement will substantially reduce the City’s cost of purchasing such services; and

C.

Purchase under such an arrangement is in the best interest of the City or the public.

b.

Each waiver shall be effective for the duration of the Contract or Lease. Subsequent waivers may be requested and either granted or denied.

History

(Added by Ord. 116-01, File No. 010848, App. 5/31/2001; Ord. 49-06, File No. 051908, App. 3/24/2006)

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