§ 37.003 MINIMUM PERCENTAGE.
   (A)   Minimum requirements do not preclude additional utilization of minority and female employees, or residents of the city. This minimal percentage of residents, minorities and females shall not be understood as limiting or deterring the fuller utilization of those groups beyond this level, but is intended instead as minimum requirements.
   (B)   (1)   Upon demonstration by the contractor of impracticability or excessive cost of complying with the specified percentages, a waiver or reduction from the requirements of this subchapter may be deemed appropriate by the city if the contractor and/or its subcontractor has unsuccessfully solicited a sufficient number of residents of the city, female or minority candidates to perform work under the contract, and the contractor and/or its subcontractor has provided documentation of such efforts to the city.
      (2)   Any contractor and/or subcontractor seeking a waiver or reduction shall provide timely written notice of the need for qualified residents of the city, female or minority candidates to an appropriate source of referrals, which source shall be entitled to comment on any application for waiver or reduction.
      (3)   The city may determine, in its sole discretion and in keeping with § 39.30 whether the efforts of the contractor and/or its subcontractor are sufficient to justify a waiver, and whether the waiver is in the best interests of the city.
      (4)   Any waiver or reduction, if granted by the city in its sole discretion, shall be in writing and be specific regarding the exact provision, percentage or requirement for which the waiver or reduction is granted.
(Prior Code, § 39.03) (Ord. 0-04-0005, passed 2-20-2004; Ord. 0-05-0020, passed 6-13-2005; Ord. 15-0030, passed 12-28-2015)