Template revised September 22, 2016.
COMMISSION
AGENDA MEMORANDUM
Item No.
8f
ACTION ITEM
Date of Meeting
January 9, 2018
DATE: January 2, 2017
TO: Port of Seattle Commission
FROM: Aaron Pritchard, Commission Policy Manager
SUBJECT: Diversity in Contracting Policy Directive
ACTION REQUESTED
Request adoption of Resolution No. 3737, a Resolution of the Port of Seattle
Commission establishing a Diversity in Contracting Policy Directive to increase
women and minority business opportunities and to repeal Resolutions No. 3506
and No. 3618.
EXECUTIVE SUMMARY
Below are proposed Amendments to the First reading of Resolution 3737. The
Amendments are categorized as Technical Amendments, Minor Amendments,
and Amendments.
• Technical Amendments fix any clerical errors or add clarity and are non-
controversial.
• Minor amendments significantly change language in the resolution to add
clarity and/or have some impact on the Diversity in Contracting Program
and are non-controversial.
• Amendments include broad changes from first reading and/or have been
subject to significant Commission discussion.
Key to reviewing proposed Amendments:
• If a whole section is struck, it is noted by the line numbers and the new
language is in this memo.
• If a words or phrase is struck, it has strikethrough and is highlighted in red.
• If new language is added it is underlined and in red.
COMMISSION AGENDA – Action Item No. 8f Page 2 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
DIVERSITY IN CONTRACTING AMENDMENT REVIEW
Technical Amendments – Proposed by Commission Staff
Technical Amendment 1 – Commission Staff
Purpose: Clarify meaning
Line 92, Strike Lines 92 - 94 and insert “controlled businesses in Port Contracting
for public works, consulting services, supplies, material, equipment, other services
to create the opportunity to leverage Port spend to increase WMBE utilization.”
Line 208 , Strike Lines 208- 209 and Insert “To improve inclusion and outreach to
sustain and improve WMBE participation in Port contracts, the Port shall:”
Technical Amendment 2 – Commission Staff
Purpose: Explicit statement of Federal supremacy to clarify applicability of
WMBE policy.
Line 280, Page 7, Strike Lines 280 – 286 and insert:
“(5) In applying the provisions of this Policy Directive to Contracts funded in
whole or in part with federal funds and subject to 49 CFR Part 23, Subpart D,
regarding Airport Concessions Disadvantaged Business Enterprises (ACDBE) or 49
CFR 26, Subpart C, regarding Disadvantaged Business Enterprises (DBE),
references to Women and Minority Businesses shall also include federally
recognized ACDBE’s or DBE’s. In the event of a conflict between the provisions of
this chapter, or the rules implementing this Policy Directive, and the requirements
of 49 CFR 26, Subpart C or 49 CFR Part 23, Subpart D, or any other superseding
applicable federal statute or regulation, the provisions of the federal statute or
regulation shall control.”
COMMISSION AGENDA – Action Item No. 8f Page 3 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Technical Amendment 3 – Commission Staff
Purpose: Add a Definition to clarify responsibilities, used on line 195.
Line 117, page 3, Insert: “Contract awarding authority” means any individual,
office, or division that is receiving the benefit of the Contract.
Technical Amendment 4 – Commission Staff
Purpose: Consistent Language
Line 192, Page 5, Strike “annual WMBE plan” and insert Diversity in Contracting
Annual Plan to read:
“B. As instructed by the annual WMBE plan Diversity in Contracting Annual
Plan,”
Line 319, Page 8, Strike “Women and Minority Business Enterprise Utilization and
Participation Annual Report” and insert “Diversity in Contracting Annual Report”
to read:
“(5) Preparation and publication of an annual report titled Women and
Minority Business Enterprise Utilization and Participation Diversity in
Contracting Annual Report Report.”
Line 196, page 5, strike Women and Minority Businesses and Insert “WMBE’s” to
read:
“(1) Specific measures the Contract awarding authority will undertake to
increase the utilization of Women and Minority Businesses WMBE’s.”
COMMISSION AGENDA – Action Item No. 8f Page 4 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Minor Amendments
Minor Amendment 5 – Proposed by Gregoire
Purpose: Eliminate the phrase “covered contracts” to be explicit that this policy
shall cover all contracts.
Line 139 Page 4: strike the word “covered” to read:
“This policy shall apply to all covered Contracts and other activities at the Port,
including construction and consulting Contracts, purchased goods and services.”
Line 181 Page 5: Add the word “Identify” before categories and strike the word
“covered” to read:
“(3) Identify categories of covered Contracts that will require WMBE Inclusion
Plans and other tools, if applicable, that will be applied to other categories
of Contracts Port-wide.”
Minor Amendment 6 - Proposed by Bowman
Purpose: Raise profile of the five-year goals
Line 147, page 4. Strike lines 147 – 152 and insert:
“A. Achieve the Century Agenda goal to triple the number of WMBE
firms that Contract with the Port and increase to 15% the percentage of
dollars spent on WMBE Contracts, within five years of the Diversity in
Contracting program implementation.
B. Within 120 days of passage of this Policy Directive, develop a Diversity in
Contracting Program that identifies affirmative efforts to afford Women
and Minority Businesses the maximum practicable opportunity to
meaningfully participate on Port Contracts and to achieve the Port-wide
goals.
COMMISSION AGENDA – Action Item No. 8f Page 5 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Minor Amendment 7 – Felleman
Purpose: Add Whereas to highlight internal work the Port is undertaking to
improve Diversity and Inclusion for Port employees.
Line 50, page 2, Insert: WHEREAS the Port of Seattle values a diverse workforce
and has engaged in improving diversity and inclusion focused on race and expects
to develop a new equity process tool designed to integrate explicit consideration
of racial inequities and identification of interventions for use in policy, program,
and budget planning and implementation.
Minor Amendment 8 – Executive Staff
Line 192, Page 5, Strike lines 192 – 193 and Insert:
B. The Diversity in Contracting Annual Plan shall include:
Amendments
Amendment 9 – Proposed by Gregoire
Purpose: To require staff to tie outreach to disparity gaps identified by relevant
demographic data and disparity study.
Line 160, page 4, Insert “and to reduce disparity” to read:
“C. Improve inclusion and outreach to sustain and improve WMBE
participation and to reduce disparity in Port contracting;” and
Line 196, page 5, Insert “and to reduce disparity” to read:
“(1) Specific measures the Contract awarding authority will undertake to
increase the utilization of Women and Minority Businesses and to
reduce disparity in Port contracting.” and
Line 208, page 5, Insert “and to reduce disparity” to read:
“C. Improve inclusion and outreach to sustain and improve WMBE
participation and to reduce disparity in Port contracting;” and
COMMISSION AGENDA – Action Item No. 8f Page 6 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Line 308, page 8, Insert “and to reduce disparities” to read:
“(2) Specific measures the Contract awarding authority will undertake to
increase the participation of Women and Minority Businesses and to
reduce disparities; including the number of events or outreach
activities conducted to ensure responsiveness to bid opportunities.”
Amendment 10 – Proposed by Bowman
Purpose: To increase certification through partnerships with government
entities
Line 229, Page 6, Insert:
“(5) Cooperate and establish formal and/or informal partnerships and
mutual cooperation with the Office of Minority and Women’s Business
Enterprise and other public agencies to increase WMBE certification;”
Amendment 11 – Proposed by Bowman and Gregoire
Purpose: Clarify how data will be disaggregated. Reccomendation is to use
disaggregation reflected in Port disparity study, which is based on Federal
Disadvantaged Business Enterprise standards. Also clarifies that Port is
collecting data with end goal of eliminating disparity. Adds attachment to policy
with sample of how Port could display disaggregated data.
Strike Lines 130 to 132 Page 4, and Insert:
“Relevant demographic data” is defined as, but not limited to, Asian-Pacific
Americans, Black Americans, Hispanic Americans, Native Americans, Asian, and
Women, and other characteristic information related to a business owner’s sexual
orientation, sex/gender, race, ethnicity or veteran status as self-reported and/or
certified by another government entity, as deemed necessary or relevant to
eliminating disparity in Port contracting” and
Add attachment (A) to Diversity in Contracting Policy Directive
COMMISSION AGENDA – Action Item No. 8f Page 7 of 7
Meeting Date: January 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
ATTACHMENTS TO THIS REQUEST
(1) Resolution No. 3737, as presented at introduction
(2) Attachment A – Sample Data Set
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
December 19, 2017 – Diversity in Contracting Policy Review
December 12, 2017 - Women and Minority Business Enterprise Policy Review
December 5, 2017 - Women and Minority Business Enterprise Policy Review
November 28, 2017 –Women and Minority Business Enterprise Policy Review
October 24, 2017 - Women and Minority Business Enterprise Policy Review
July 12, 2017 – Commission Budget Priorities, Building Economic Opportunity in
Underserved Communities
March 28, 2017 – Small Business Development Update
March 22, 2016 – Small Business Utilization briefing
December 14, 2014 – Disparity Study briefing
August 19, 2014 – Small Business Utilization briefing
January 26, 2010 – Adoption of Resolution No. 3618 concerning small business utilization
