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(i) Order immediate corrective action, as appropriate and practicable, to meet the <br /> ' minority participation goals or to show a good faith effort toward meeting the goals; <br /> (ii) Assess a fine or penalty not to exceed $2,000 for each offense, and each day on <br /> ' which a violation occurs or continues shall be considered a separate offense; <br /> (iii) Withhold the fine or penalty assessed from the unpaid portion of the contract; <br /> (iv) Order that the contractor will not be considered a responsive responsible bidder for <br /> future City projects until the contractor provides evidence of making a good faith <br /> ' effort toward meeting the City's minority participation goals. <br /> SECTION 10-6.APPEALS: <br /> ' The penalty assessed by the Public Works Director or his designee shall be appealable to the City's <br /> g pP Y <br /> Human Relations Commission. <br /> SECTION 10-7. WAIVER: <br /> ' A. If a contractor does not or cannot meet the City's minority participation goals for contracts, <br /> it may seek in writing a waiver. The waiver request shall include, as appropriate: <br /> (i) Evidence of the contractor's good faith efforts to secure participation by MBE and <br /> ' minority workers; <br /> (ii) Evidence the contractor received no proposals or inquiries from qualified MBE or <br /> firms that employ minority workers in response to a good faith effort to secure <br /> ' participation. <br /> B. The Public Works Director or his designee may, at his or her discretion,waive the minority <br /> participation goals upon finding: <br /> ' (i) The project is essential for city operations; <br /> (ii) Emergency circumstances require a waiver; <br /> (iii) Evidence of a good faith effort by the contractor; <br /> ' (iv) Evidence the contractor received no proposals or inquiries from qualified MBE or <br /> firms that employ minority workers in response to a good faith effort to secure <br /> participation. <br />