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Exhibit 3 <br /> SECTION 1Q-6.APFEAL�: <br /> The penalty assessed by the Public Works Director or hzs designee shall be appealable to the <br /> City's Human Relations Commissian. <br /> SECTIUl'V 10-7.WAIVER: <br /> A. If a contractor does not or cannot meet the City's minority participation gc�ais for contracts, <br /> it may seek in writing a waiver. The waiver request shali include,as appropriate: <br /> (i) Evidence of the contractor's good faith efforts to secure participa�zon by MBE and <br /> minority workers, <br /> (ii) Evidence the cantractor received no praposals c�r inquiries from qualif ed MBE or <br /> firms that employ r�ainority workers in response to a good faith effort to secure <br /> participation. <br /> B. The Public Works D'zrector 4r his designee may, at hzs pr her discretion, waive the rninority <br /> participatic�n goals upt�r�finding: <br /> (i) The project is essential for city c�perations; <br /> (ii} Emergency circumstances require a waiver; <br /> {iii) Evidence of a gaod faith effort by the contractor; <br /> {iv) Evidence the cc�ntractor received no propc�sais ar inquiries from qualified MBE ar <br /> firzns that emplay mznority workers in response tc� a gc�od faith effort to secure <br /> participation. <br /> T-3 <br />