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Exhibit 3 <br /> SECTION 10-6. APPEALS: ' <br /> The penalty assessed by the Public Works Director c�r his designee shalt be appealable to the <br /> City's Human Relations Camrnission. <br /> SECTION 10-7. WAIVER: <br /> A. If a contractor does not or cannot meet the City's minority participation goals far contracts, <br /> it znay seek in writing a waiver. The waiver request sha�l inciude,as appropriate: <br /> (i) Evidence of the contractor's gc�od faith efforts to secure participation by MBE and <br /> minority workers; <br /> (ii) Evidence the contractor received na propasals oz- inquiries from qualified M$E or <br /> firms that eznplc�y minority wor�ers 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,w�ive tk�e minority <br /> participation gaals upon finding: <br /> {i) The project is essential for city operations; <br /> (ii) Emergency circumstances requare a waiver; ' <br /> (iii) Evidence of a goc�d faith effort by the cantractor; <br /> (iv) Evidence the contractor received no propasals or inquiries from qualified MBE or <br /> firms #hat employ zninority workers in respanse to a good faith effort to secure <br /> participation. ' <br /> J-4 <br />