§ 15-04 Exemptions.
RCNY § 15-04
(a)City Agencies and Contractors (including on behalf of any of its Subcontractors using Large Vehicles in the performance of the Contract) may submit an application, on a form available on DCAS' website, to the Chief Fleet Management Officer for an annual exemption from the requirements of these Rules if they have determined that compliance is impractical; or it will disrupt provision of public safety or public health services; or there are limitations in the capacity of vendors to supply Side Guards; or because the vehicle cannot maintain a Side Guard due to the design or operations of such vehicle.
(b)Contractors (including on behalf of any of its Subcontractors using Large Vehicles in the performance of the Contract) may also submit requests for an exemption from the timeframes of the installation schedule set forth in 55 RCNY § 15-03 based on a claim of undue financial hardship. However, Contractors will have the opportunity to account for and factor in the costs for Side Guards as part of the bid pricing they submit for a Contract as part of Contract pricing structures. An exemption request based on financial hardship must satisfactorily explain why the financial hardship has remained despite the opportunity for the Contractor to account for the costs in its bid prices.
(c)Exemptions may be available if one or more of the following circumstances exist and there is sufficient evidence or proof provided with respect to such circumstances: (1) Supply chain disruption; (2) Delays in the commencement of work or payments which are not caused by the fault of the Contractor; (3) If removing the vehicle from service would have a material effect on the contractor's ability to perform work under the Contract; (4) Natural or man-made emergencies. For purposes of this paragraph, "natural or man-made emergencies" means acts or events beyond the control and without any fault or negligence of the Contractor. Such events may include, but are not limited to, pandemic, fire, flood, earthquake, storm or other natural disaster, civil commotion, war, terrorism, riot, and labor disputes not brought about by any act or omission of the Contractor; or (5) Any other circumstance, whether or not anticipated or found to be usual or typical, which is accompanied by supporting information provided pursuant to paragraph (d) of this subdivision.
(d)The application for an exemption must include all of the following information and statements, to be verified in an affidavit accompanying the application: (1) A list of all Large Vehicles that the applicant owns, leases or otherwise controls to conduct the applicant's business; and (2) A statement, accompanied by supporting documents, and if applicable, financial statements, that retrofitting the applicant's Large Vehicles in order to comply with these rules is impractical; or would disrupt provision of public safety or public health services; or would cause the applicant to suffer an undue financial hardship.
(e)The Chief Fleet Management Officer will evaluate an exemption request and make a determination within 90 days of receipt whether to approve or deny such request.
(f)An annual exemption granted pursuant to this section will expire one year from the date it has been granted, except for exemptions granted pursuant to 55 RCNY § 15-02(b)(2). Exemptions granted pursuant to such paragraph will remain applicable as long as the specific vehicle(s) are in operation by the Agency or, as to a Contractor or Subcontractor, the life of the Contract with the City.
(g)The Chief Fleet Management Officer may renew an exemption for additional one-year periods in the event that the Agency, a Contractor or a Subcontractor submits a written statement verified by affidavit that such Agency, a Contractor or a Subcontractor continues to be eligible for the exemption. The Chief Fleet Management Officer retains the discretion to reject an exemption request if, based on such Officer's determination, circumstances have changed that would obviate the basis for such previously granted exemption. Applications to renew an exemption must be submitted using the form available on DCAS' website.
(h)The Chief Fleet Management Officer shall have the sole authority to grant a exemption of the requirements set forth in these rules.
(i)Appeals.
(1)If the Chief Fleet Management Officer denies the request for exemption and/or extension of exemptions from the requirements of these rules, the Contractor or Subcontractor may appeal in writing to the Commissioner or their designee within 30 days of receipt of the Chief Fleet Management Officer's determination, on a form available on DCAS' website. Receipt of notice by the Contractor or Subcontractor shall be deemed to be no later than five (5) days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the Commissioner or their designee.
(2)The written appeal by the Contractor must briefly state all the facts or other bases upon which the Contractor contests the Chief Fleet Management Officer's determination, and must include supporting documentation.
(3)The Commissioner or their designee will consider the merits of the Contractor's appeal and provide a written decision no later than 90 days after receipt of such appeal. (Added City Record 10/7/2022, eff. 11/6/2022)
