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Exhibit J <br /> SECTION 10-6.APPEALS: <br /> The penalty assessed by the Public Works Director or his designee shall be appealable to the <br /> City's 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 /> J-3 <br />