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iii. Order that the contractor will not be considered a responsive responsible bidder for future <br /> City projects for a fixed period of time and/or until the contractor provides evidence of <br /> making a good faith effort toward meeting the City's minority participation goals. <br /> (Amended,Ordinance No.2020-124,August 3,2020) <br /> SECTION 10-6.APPEALS: <br /> The penalty assessed by the Public Works Director or his designee shall be appealable to the City's Human <br /> 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,it may seek <br /> 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 MBEs or firms <br /> that employ minority workers in response to a good faith effort to secure 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 funis <br /> that employ minority workers in response to a good faith effort to secure participation. <br /> (Amended,Ordinance No.2020-124,August 3,2020) <br /> H-4 <br />