1
2
3
4
5
6
7
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.
8
WHEREAS,
the
Port
of
Seattle mission
is
committed
to
create economic opportunity
for
9 all, steward
our
environment responsibly, partner
with
surrounding communities,
promote
10
social responsibility, conduct ourselves transparently, and hold ourselves accountable; and
11
12
WHEREAS,
the
economic vitality
of
a community is strengthened and more resilient
13
when
opportunity
is
inclusive across
our
diverse communities;
and
14
15
WHEREAS,
the
Port
of
Seattle is uniquely positioned among public agencies
to
lead in
16 efforts
of
justice
and
equity by providing a level platform
to
all businesses including women and
17
minority
business Enterprise (WMBE) firms
to
compete and succeed; and
18
19
WHEREAS,
the
1998
passage
of
Initiative 200
by
Washington state voters prohibited
20 racial and gender preferences
by
state and local government led
to
an
underutilization
of
21
WMBE's at the Port and many
other
public agencies; and
22
23
WHEREAS,
In
2003,
in response
to
1-200,
the
Port passed Resolution No.
3506,
a race
24 neutral approach "establishing a program
to
develop mutually advantageous business
25
relationships
with
small businesses, and firms owned and operated
by
minorities, women and
26
disabled"; and
27
28
WHEREAS,
In
2010,
the
Port
of
Seattle passed Resolution No.
3618,
a race neutral
29
approach
to
develop "a program
to
develop mutually advantageous business relationships
with
30
small businesses including those owned and operated by people
of
color, women, people
with
31
disabilities, veterans, and
the
socio-economically disadvantaged"; and
32
33
WHEREAS,
the Port
of
Seattle's efforts
and
programs
as
a result
of
Resolutions
3506
and
34
3618 have increased small business participation
but
have
not
increased WMBE participation; and
35
36
WHEREAS,
it
is
a
priority
for
the
Port
of
Seattle
to
affirmatively expand its efforts
to
37
increase WMBE participation in
port
contracts and ensure
that
WMBEs are afforded fair and
38
equitable
opportunity
to
compete
for
port
contracts, succeed
as
subcontractors, and do
not
39
face unfair and unnecessary barriers when seeking and performing on
port
contracts; and
40
41
WHEREAS,
current data and
the
2014 disparity study show
that
WMBE participation in
42
Port
of
Seattle opportunities
has
been and continues
to
be disparately low; and
43
Resolution No. 3737, Diversity
in
Contracting Policy Directive
Page
1
of
8
Item No. 11c_attach_2
Meeting Date: May 27, 2025
44
WHEREAS,
this policy
will
strengthen Port
of
Seattle efforts
to
eliminate this disparity
45
and result in more equity, diversity, and inclusion
for
WMBEs in Port opportunities; and
46
47
WHEREAS,
the
Port
of
Seattle seeks
to
identify
and change internal Port processes and
48 standards
to
clearly establish program goals and create accountability; and
49
so
WHEREAS,
the
Port
of
Seattle values a diverse workforce and
has
engaged in improving
51
diversity and inclusion focused on race and expects
to
develop a
new
equity process
tool
52
designed
to
integrate explicit consideration
of
racial inequities and identification
of
53
interventions
for
use in policy, program, and budget planning and implementation; and
54
55
WHEREAS,
the
Port
of
Seattle
is
committed
to
its values
of
conducting business
with
the
56
highest ethical standards and
our
business practices shall reflect integrity, accountability,
57
honesty, fairness and respect at all levels;
58
59
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
Port
of
Seattle Commission
as
follows:
60
61
SECTION
1. Resolution
3506
adopted
May
27, 2003,
is
hereby repealed.
62
63
SECTION
2.
Transition
from
Resolution
3618.
The Executive Director may continue
to
operate
64
under
Resolution No. 3618,
as
needed,
to
allow
for
transition
to
Resolution
3737,
until
65
September 1, 2018,
at
which
time
Resolution No. 3618 will be repealed and replaced
with
66
Resolution
3737.
67
68
SECTION
3. The Diversity in Contracting Policy Directive
as
shown in Exhibit A is hereby
69
established.
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
SECTION
4. This policy directive shall be labeled and catalogued
as
appropriate, together
with
subsequent policy directives, and shall be made readily available
for
use
by
Port staff and
members
of
the
public
as
a governance document
of
the
Port
of
Seattle.
ADOPTED
by
the
Port Commission
of
the
Port
of
Seattle
at
a duly noticed meeting
thereof, held this
~day
of
JQ:OO<Arg
.
2018,
and
duly
authenticated in open session
by
the
signatures
of
the Commissioners
vofng
in
favor
thereof
and the
seal
of
the
Commission.
,,
.J
~~
RYA
N C
ALKINS
_
__;;__-----::
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+-
--
c-o_u~_
TNEY
GREG01Ri:
STEPHANIE
B
OWMAN
-l-__!l--
~~
~~
---,-------=
::...:..:=-
PE
TER
STEIN
B
RUECK
Resolution No. 3737, Diversity
in
Contracting Policy Directive
Page
2
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8
89
90
91
92
SECTION
1. Purpose.
93
EXHIBIT
A
Diversity in Contracting Policy Directive
94
The Port finds
that
minority and women businesses are under-represented and have been
95
under-utilized
on
Port contracts.
The
purpose
of
this policy directive
is
to
provide
the
maximum
96
practicable
opportunity
for
increased participation
by
minority
and women owned and
97
controlled businesses in Port contracting
for
public works, consulting services, supplies,
98
material, equipment, and
other
services
to
create
the
opportunity
to
leverage Port spend
to
99
increase WMBE utilization.
100
101
SECTION 2. Definitions.
102
103
For
the
purposes
of
this chapter:
104
105
"Affirmative
efforts"
means documented reasonable attempts in good faith
to
contract
with
106
women
and
minority
businesses.
107
108 "Availability"
or
"available"
as
used in this chapter means a business
that
is interested in and
109
capable
of
performing
the
work
within
the
time
frame required and
to
the
quality specified in
110
the
solicitation and contract.
111
112
"Capability"
or
"capable"
as
used in this section means
that
a business appears able
to
perform
113
a commercially useful function in performance
of
the
work.
114
115 "Commercially useful
function"
means
the
performance
of
real and actual services in
the
116 discharge
of
any contractual endeavor.
117
118 "Contract" means
an
agreement
for
public works, consulting services, supplies, material,
119 equipment,
or
other
services.
120
121 "Contract awarding
authority"
means any individual, office,
or
division
that
is
receiving
the
122 benefit
of
the
contract.
123
124 "Contractor" means a business
that
has
a contract
with
the
Port.
125
126 "Division" means any Port
of
Seattle organization structure
that
has a
director
that
reports
to
127
the
Executive Director.
128
129
"Women
or
minority
business" (WMBE) means a business
that
is
at
least 51 percent owned and
130 controlled by women
and/or
minority
(including,
but
not
limited
to
African Americans, Native
131
Americans, Asians, and Hispanics) group members.
132
Resolution No. 3737, Diversity in Contracting Policy Directive
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133
"Central database" means an electronic database
that
collects, aggregates, and tracks
monthly
134
Port-wide, division, and department-level utilization
of
small business, women and
minority
135
owned business, and
other
classifications across various categories and contract types
and
136
promotes transparency for the public.
137
138 "Relevant demographic
data"
is defined
as,
but
not
limited
to,
Asian-Pacific Americans, Black
139 Americans, Hispanic Americans, Native Americans, Asian, and Women, and
other
characteristic
140
information related
to
a business owner's sexual orientation, sex/gender, race, ethnicity,
or
141
veteran status
as
self-reported
and/or
certified
by
another government entity,
as
deemed
142
necessary
or
relevant
to
eliminating disparity in Port contracting.
143
144
"Utilization"
is
defined
as
both
the percent
of
contracting dollars paid
to
WMBE firms
as
well
as
145
the
number
of
WMBE
firms
under contract.
146
147
SECTION
3.
Scope and Applicability.
148
149
This policy shall apply
to
all contracts and
other
activities at the Port, including construction and
150
consulting contracts, purchased goods, and services.
151
152
SECTION
4.
Responsibilities.
153
154
The Executive Director shall pursue
the
Century Agenda goal
to
increase WMBE utilization in all
155
Port contracts and shall:
156
157
A.
Achieve
the
Century Agenda goal
to
triple
the
number
of
WMBE firms
that
contract
with
the
158
Port and increase
to
15
percent
the
percentage
of
dollars spent on WMBE contracts, within
159
five years
of
the
Diversity in Contracting Program implementation;
160
161
B.
Within 120 days
of
passage
of
this
policy directive, develop a Diversity in Contracting
162
Program
that
identifies affirmative efforts
to
afford women and
minority
businesses
the
163
maximum practicable
opportunity
to
meaningfully participate on Port contracts and
to
164
achieve
the
Port-wide goals;
165
166
c.
Incorporate these WMBE goals
into
the
Port's Long
Range
Plan
to
the
fullest extent
167
reasonable, including incorporation
into
Long Range
Plan
scorecards, reports, and Long
168
Range
Plan updates. Further,
the
Executive Director shall_prepare and publish an annual
169
report each year
titled
Diversity
in
Contracting Annual Report;
170
171
D.
Improve inclusion and outreach
to
sustain and improve WMBE participation and
to
reduce
172
disparity in Port contracting;
173
174
E.
Take affirmative efforts
to
assure equality
of
contracting
opportunity
through
the
175
development and application
of
Inclusion Plans
or
other
tools
as
necessary; and
176
Resolution No. 3737, Diversity in Contracting Policy
Directive
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177
F.
Expand opportunities
for
WMBE firms across Port functions, wherever practicable.
178
179
SECTION 5. Policy.
180
181
A.
The Diversity in Contracting Program shall include:
182
183
(1) Responsibilities, policies, practices, and processes
that
can
change
the
Port procurement
184 and contracting processes and provide a more receptive environment
for
the utilization
185
of
WMBE firms, and
to
ensure
that
businesses and contractors
of
all tiers
working
on
186
Port contracts and subcontracts utilize WMBE firms, wherever feasible
or
as
required.
187
188
(2) Development
of
a standard procedure
for
the
Port-wide WMBE goal setting, and
189
collection and reporting
of
relevant demographic data
to
be stored in a central
190
database.
191
192
(3) Identify categories
of
contracts
that
will require WMBE inclusion plans and
other
tools
193
that
will be applied
to
other
categories
of
contracts Port-wide.
194
195
(4) Clear lines
of
responsibility and accountability
for
implementation
of
the
WMBE
196
program and a designated WMBE liaison
for
each division.
197
198
(5) Make WMBE goal setting and affirmative implementation efforts part
of
the
annual
199
performance evaluation
for
each Port division director and
their
staff and require
200
standardized WMBE program training, implementation, and coordination
for
all division
201
leaders and
their
WMBE representatives.
202
203
B.
The Diversity in Contracting Annual Plan shall include:
204
205
(1) Specific measures the contract-awarding
authority
will undertake
to
increase
the
206
utilization
of
WM
BEs
and
to
reduce disparity in Port contracting; and
207
208
(2) Specific goals
by
division
for
WMBE utilization:
209
210
(a)
Each
Port division will review
future
procurements
to
identify available
firms
on
211
upcoming contracts
to
create a utilization goal
that
is
justifiable, bold, and
212
challenging.
213
214
215
216
217
(b) Construction goals,
other
than small works, based on historic utilization plus
two
percent, until such
time
that
a disparity study
or
other
valid internal data
can
demonstrate a reasonable level
of
utilization.
218
C.
To improve inclusion and outreach
to
sustain and improve WMBE participation and
to
219
reduce disparity in Port contracting,
the
Port shall:
220
Resolution No. 3737, Diversity in Contracting Policy Directive
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221
222
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224
225
226
227
228
229
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232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
D.
(1)
Support
training
and assistance
to
Port
staff
to
increase participation in outreach and
to
learn
about
the
internal and external resources available
to
include WMBE firms in
their
procurement and contracting;
(2) Improve and expand technical assistance, including WMBE certification, business
development, training, and mentoring programs
for
WMBE firms
to
enhance bidding
expertise
and
promote
greater coordination
with
advocacy organizations, businesses,
individuals, and public agencies and
other
Port departments;
(3)
Create opportunities
for
members
of
the contracting and vendor community, Port, and
other
stakeholders
to
work
collaboratively on recommendations
for
how
the
Port
can
more effectively use
the
directives in
this
policy directive;
(4)
Assist contractors desiring
to
bid on
Port
covered contracts
to
comply
with
the
affirmative efforts provisions
for
such contract, and
offer
information
as
to
organizations and agencies available
to
assist such contractor in recruiting, mentoring,
training,
or
otherwise preparing potential subcontractors; and
(5) Cooperate and establish
formal
and/or
informal partnerships and mutual cooperation
with
the
Office
of
Minority
and Women's Business Enterprises and
other
public agencies
to
carry
out
the
purposes
ofthis
policy directive,
as
needed.
Affirmative efforts
to
assure equality
of
contracting opportunity required:
(1) Develop procurement tools, such
as
WMBE inclusion plans, and require bidders and
proposers
to
comply
with
the
WMBE solicitation requirement in order
to
sustain and
improve participation
of
WMBE in Port covered contracts;
(2)
Prepare and require
that
Port covered contracts include specifications pertaining
to
equal
opportunity
affirmative efforts
to
assure equality
in
contracting opportunity, and
goals
for
subcontracting
to
women and
minority
businesses. Any goals established
under
this
chapter shall be reasonably achievable; however,
no
utilization requirements
shall be a condition
of
contracting, except
as
may
be
allowed by
RCW
49.60.400;
(3) Identify and implement a Port-wide method
to
regularly
monitor
and measure
the
Port
WMBE program and
attainment
of
the
goals
by
contractors;
(4)
May
establish aspirational goals
for
the
participation
of
women and
minority
businesses
in a particular Port contract on a case-by-case basis;
(5)
Work closely
with
other
divisions and departments
to
ensure all policies, practices, and
processes are consistent and complementary and make
it
easier
for
WMBE firms
to
pursue Port contracts;
Resolution No. 3737, Diversi
ty
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Contracting Policy Directive
Page
6
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8
265
(6) Define, implement, and
monitor
appropriate processes and procedures
to
ensure
266
prompt
payments and change
order
processing
to
address
timely
payment
of
267
contractors, suppliers, and subcontractors
at
all tiers. Review and recommend potential
268
for
including
prompt
pay in performance goals.
269
270
E.
Affirmative efforts
in
subcontracting:
271
272 (1) All contractors, including WMBE firms, shall actively solicit bids
for
subcontracts
to
273
qualified, available, and capable WMBE
to
perform commercially useful functions;
274
275
(2) Contractors shall consider
the
grant
of
subcontracts
to
women and
minority
bidders on
276
the
basis
of
substantially equal proposals in
the
light most favorable
to
women
and
277
minority
businesses;
278
279 (3)
At
the
request
of
the
relevant Port department, when inclusion plans are required,
280 contractors shall furnish evidence
of
the
contractor's compliance
with
these
281 requirements
of
women and
minority
solicitation and
will
submit evidence
of
282 compliance
with
this
section
as
part
of
any bid. Contractors shall provide records
283
necessary
to
document affirmative efforts
to
subcontract
with
women
and
minority
284
businesses on Port contracts;
285
286 (4) Compliance
with
alt requirements and past performance
under
this policy directive
may
287
be
included in
the
evaluation
of
future
procurements; and
288
289 (5) In applying
the
provisions
of
this Policy Directive
to
contracts funded in whole
or
in
part
290
with
federal funds and subject
to
49
CFR
Part 23, Subpart
D,
regarding
Airport
291 Concessions Disadvantaged Business Enterprises
(ACDBE)
or
49
CFR
26, Subpart
C,
292 regarding Disadvantaged Business Enterprises
(DBE),
references
to
Women and
Minority
293 Businesses shall also include federally recognized
ACDBEs
or
DBEs.
In
the
event
of
a
294
conflict between
the
provisions
of
this chapter,
or
the
rules implementing this policy
295 directive, and
the
requirements
of
49
CFR
26, Subpart
C,
or
49
CFR
Part 23, Subpart
D,
or
296
any
other
superseding applicable federal statute
or
regulation,
the
provisions
of
the
297 federal statute
or
regulation shall control.
298
299
F.
Expanding Opportunity.
300
301
(1) The Port shall review and recommend
how
to
expand opportunities
for
WMBE firms in
302
other
Port enterprise opportunities,
for
example real estate leases,
to
encourage and
303
promote
access
to
Port facilities
by
September 1, 2018.
304
305
(2) The Port shall develop a baseline utilization
number
for
veteran owned businesses and
306
propose a reasonable Port-wide goal and division goals
to
the
Commission
for
inclusion
307
in
the
Century Agenda by September 1, 2019.
308
Resolution No. 3737, Diversity
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Contracting Policy Directive
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309
SECTION
6. Program Evaluation.
310
311
A.
Benchmarks and metrics
to
evaluate
the
Diversity in Contracting Program shall include:
312
313
(1) Incorporation
of
these WMBE goals
into
the
Port's Long
Range
Plan
to
the
fullest extent
314 reasonable, including incorporation
into
Long
Range
Plan scorecards, reports, and Long
315
Range
Plan
updates.
316
317
(2) Specific measures
the
contract awarding
authority
will
undertake
to
increase
the
318
participation
of
women
and
minority
businesses and
to
reduce disparities, including
the
319
number
of
events
or
outreach activities conducted
to
ensure responsiveness
to
bid
320 opportunities.
321
322
(3) Progress towards specific division WMBE utilization goals, including
the
number
of
323
opportunities a division
has
available,
the
goals established
for
those opportunities and
324
the
actual utilization, including periodic review
of
disparity study results
to
determine
325
reasonableness
of
goals.
326
327
(4) Data reporting using
the
standard procedure identified in
the
WMBE program
for
the
328
Port-wide collection and reporting
of
relevant demographic data including percent
of
329 spend,
number
of
businesses, and
type
of
procurements.
330
331
(5) Preparation and publication
of
an
annual
report
titled
Diversity in Contracting Annual
332
Report.
333
334
B.
The Internal Audit Director shall include
the
Diversity in Contracting Program in Internal
335
Audit Department's 2019
work
plan
to
determine adherence
to
this policy and include in
336
future
years
as
the
Commission Audit Committee deems appropriate.
337
338
SECTION
7.
Fiscal
Implications.
339
340
Fiscal
implications shall
be
reviewed
by
the
Executive Director annually,
at
a minimum,
to
ensure
341
the
implementation
of
the
policy directive
is
adequately resourced and shall submit a budget
342
request
as
appropriate.
Resolution No. 3737, Diversity
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Contracting Policy Directive
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Diversity in Contracting Sample Disaggregated Data Dashboard
Race
Black Hispanic
Native Asian Pacific Caucasian
Other
Not
Total
American
American American American
Known
Number
of
Firms
•
Minority
Certified
•
Women &
Minority
Certified
•
Women Certified
•
Veteran certified
Total Certified (non-duplicated)
•
Minority
Self-Identified
•
Women &
Minority
Self-Identified
•
Women Certified Self-Identified
-
Total Self- Identified (non-duplicated}
Amount and Percent
of
Spend
•
Minority
Certified
•
Women &
Minority
Certified
•
Women Certified
•
Veteran Certified
Total Certified (non-duplicated)
•
Minority
Self-Identified
•
Women &
Minority
Self-Identified
•
Women Self-Identified
Total Self-Identified (non-duplicated)
DBE
(All Certifiedt
Minority
and Non-Minority
Number
of
Firms
Amount & Percent
of
Federal Spend
Amount
& Percent
of
Non-Federal Spend
Amount
& Percent
ofTotal
Spend