Item No. 11c_attach_2
Meeting Date: May 27, 2025
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Resolution No. 3737

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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.

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WHEREAS, the Port of Seattle mission is committed to create economic opportunity for
all, steward our environment responsibly, partner with surrounding communities, promote
social responsibility, conduct ourselves transparently, and hold ourselves accountable; and

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WHEREAS, the economic vitality of a community is strengthened and more resilient
when opportunity is inclusive across our diverse communities; and
WHEREAS, the Port of Seattle is uniquely positioned among public agencies to lead in
efforts of justice and equity by providing a level platform to all businesses including women and
minority business Enterprise (WMBE) firms to compete and succeed; and

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WHEREAS, the 1998 passage of Initiative 200 by Washington state voters prohibited
racial and gender preferences by state and local government led to an underutilization of
WMBE's at the Port and many other public agencies; and
WHEREAS, In 2003, in response to 1-200, the Port passed Resolution No. 3506, a race
neutral approach "establishing a program to develop mutually advantageous business
relationships with small businesses, and firms owned and operated by minorities, women and
disabled"; and

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WHEREAS, In 2010, the Port of Seattle passed Resolution No. 3618, a race neutral
approach to develop "a program to develop mutually advantageous business relationships with
small businesses including those owned and operated by people of color, women, people with
disabilities, veterans, and the socio-economically disadvantaged"; and

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WHEREAS, the Port of Seattle's efforts and programs as a result of Resolutions 3506 and
3618 have increased small business participation but have not increased WMBE participation; and
WHEREAS, it is a priority for the Port of Seattle to affirmatively expand its efforts to
increase WMBE participation in port contracts and ensure that WMBEs are afforded fair and
equitable opportunity to compete for port contracts, succeed as subcontractors, and do not
face unfair and unnecessary barriers when seeking and performing on port contracts; and
WHEREAS, current data and the 2014 disparity study show that WMBE participation in
Port of Seattle opportunities has been and continues to be disparately low; and

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Resolution No. 3737, Diversity in Contracting Policy Directive

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WHEREAS, this policy will strengthen Port of Seattle efforts to eliminate this disparity
and result in more equity, diversity, and inclusion for WMBEs in Port opportunities; and
WHEREAS, the Port of Seattle seeks to identify and change internal Port processes and
standards to clearly establish program goals and create accountability; and

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so
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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; and
WHEREAS, the Port of Seattle is committed to its values of conducting business with the
highest ethical standards and our business practices shall reflect integrity, accountability,
honesty, fairness and respect at all levels;

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NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows:

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SECTION 1. Resolution 3506 adopted May 27, 2003, is hereby repealed.
SECTION 2. Transition from Resolution 3618. The Executive Director may continue to operate
under Resolution No. 3618, as needed, to allow for transition to Resolution 3737, until
September 1, 2018, at which time Resolution No. 3618 will be repealed and replaced with
Resolution 3737.
SECTION 3. The Diversity in Contracting Policy Directive as shown in Exhibit A is hereby
established.
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.

~~

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_TNEY GREG01Ri:

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RYAN CALKINS

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STEPHANIE BOWMAN
-l-__!l--~ ~~ ~---,-------=::...:..:=PETER STEINBRUECK

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Resolution No. 3737, Diversity in Contracting Policy Directive

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EXHIBIT A
Diversity in Contracting Policy Directive

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SECTION 1. Purpose.

The Port finds that minority and women businesses are under-represented and have been
under-utilized on Port contracts. The purpose of this policy directive is to provide the maximum
practicable opportunity for increased participation by minority and women owned and
controlled businesses in Port contracting for public works, consulting services, supplies,
material, equipment, and other services to create the opportunity to leverage Port spend to
increase WMBE utilization.
SECTION 2. Definitions.

For the purposes of this chapter:
"Affirmative efforts" means documented reasonable attempts in good faith to contract with
women and minority businesses.
"Availability" or "available" as used in this chapter means a business that is interested in and
capable of performing the work within the time frame required and to the quality specified in
the solicitation and contract.
"Capability" or "capable" as used in this section means that a business appears able to perform
a commercially useful function in performance of the work.
"Commercially useful function" means the performance of real and actual services in the
discharge of any contractual endeavor.
"Contract" means an agreement for public works, consulting services, supplies, material,
equipment, or other services.
"Contract awarding authority" means any individual, office, or division that is receiving the
benefit of the contract.
"Contractor" means a business that has a contract with the Port.

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"Division" means any Port of Seattle organization structure that has a director that reports to
the Executive Director.

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"Women or minority business" (WMBE) means a business that is at least 51 percent owned and
controlled by women and/or minority (including, but not limited to African Americans, Native
Americans, Asians, and Hispanics) group members.

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"Central database" means an electronic database that collects, aggregates, and tracks monthly
Port-wide, division, and department-level utilization of small business, women and minority
owned business, and other classifications across various categories and contract types and
promotes transparency for the public.
"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.
"Utilization" is defined as both the percent of contracting dollars paid to WMBE firms as well as
the number of WMBE firms under contract.
SECTION 3. Scope and Applicability.

This policy shall apply to all contracts and other activities at the Port, including construction and
consulting contracts, purchased goods, and services.
SECTION 4. Responsibilities.

The Executive Director shall pursue the Century Agenda goal to increase WMBE utilization in all
Port contracts and shall:
A. Achieve the Century Agenda goal to triple the number of WMBE firms that contract with the
Port and increase to 15 percent 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;

c. Incorporate these WMBE goals into the Port's Long Range Plan to the fullest extent
reasonable, including incorporation into Long Range Plan scorecards, reports, and Long
Range Plan updates. Further, the Executive Director shall_prepare and publish an annual
report each year titled Diversity in Contracting Annual Report;
D. Improve inclusion and outreach to sustain and improve WMBE participation and to reduce
disparity in Port contracting;

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E. Take affirmative efforts to assure equality of contracting opportunity through the
development and application of Inclusion Plans or other tools as necessary; and

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F.

Expand opportunities for WMBE firms across Port functions, wherever practicable.

SECTION 5. Policy.

A. The Diversity in Contracting Program shall include:

(1) Responsibilities, policies, practices, and processes that can change the Port procurement
and contracting processes and provide a more receptive environment for the utilization
of WMBE firms, and to ensure that businesses and contractors of all tiers working on
Port contracts and subcontracts utilize WMBE firms, wherever feasible or as required.

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(2) Development of a standard procedure for the Port-wide WMBE goal setting, and
collection and reporting of relevant demographic data to be stored in a central
database.
(3) Identify categories of contracts that will require WMBE inclusion plans and other tools
that will be applied to other categories of contracts Port-wide.
(4) Clear lines of responsibility and accountability for implementation of the WMBE
program and a designated WMBE liaison for each division.
(5) Make WMBE goal setting and affirmative implementation efforts part of the annual
performance evaluation for each Port division director and their staff and require
standardized WMBE program training, implementation, and coordination for all division
leaders and their WMBE representatives.
B. The Diversity in Contracting Annual Plan shall include:

(1) Specific measures the contract-awarding authority will undertake to increase the
utilization of WM BEs and to reduce disparity in Port contracting; and
(2) Specific goals by division for WMBE utilization:
(a) Each Port division will review future procurements to identify available firms on
upcoming contracts to create a utilization goal that is justifiable, bold, and
challenging.
(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.
C. To improve inclusion and outreach to sustain and improve WMBE participation and to
reduce disparity in Port contracting, the Port shall:

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(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.
D. 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;

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(6) Define, implement, and monitor appropriate processes and procedures to ensure
prompt payments and change order processing to address timely payment of
contractors, suppliers, and subcontractors at all tiers. Review and recommend potential
for including prompt pay in performance goals.
E. Affirmative efforts in subcontracting:

(1) All contractors, including WMBE firms, shall actively solicit bids for subcontracts to
qualified, available, and capable WMBE to perform commercially useful functions;

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(2) Contractors shall consider the grant of subcontracts to women and minority bidders on
the basis of substantially equal proposals in the light most favorable to women and
minority businesses;

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(3) At the request of the relevant Port department, when inclusion plans are required,
contractors shall furnish evidence of the contractor's compliance with these
requirements of women and minority solicitation and will submit evidence of
compliance with this section as part of any bid. Contractors shall provide records
necessary to document affirmative efforts to subcontract with women and minority
businesses on Port contracts;

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(4) Compliance with alt requirements and past performance under this policy directive may
be included in the evaluation of future procurements; and

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(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 ACDBEs or DBEs. 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.

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F.

Expanding Opportunity.
(1) The Port shall review and recommend how to expand opportunities for WMBE firms in
other Port enterprise opportunities, for example real estate leases, to encourage and
promote access to Port facilities by September 1, 2018.
(2) The Port shall develop a baseline utilization number for veteran owned businesses and
propose a reasonable Port-wide goal and division goals to the Commission for inclusion
in the Century Agenda by September 1, 2019.

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SECTION 6. Program Evaluation.

A. Benchmarks and metrics to evaluate the Diversity in Contracting Program shall include:
(1) Incorporation of these WMBE goals into the Port's Long Range Plan to the fullest extent
reasonable, including incorporation into Long Range Plan scorecards, reports, and Long
Range Plan updates.

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(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.

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(3) Progress towards specific division WMBE utilization goals, including the number of
opportunities a division has available, the goals established for those opportunities and
the actual utilization, including periodic review of disparity study results to determine
reasonableness of goals.

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(4) Data reporting using the standard procedure identified in the WMBE program for the
Port-wide collection and reporting of relevant demographic data including percent of
spend, number of businesses, and type of procurements.

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(5) Preparation and publication of an annual report titled Diversity in Contracting Annual
Report.

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B. The Internal Audit Director shall include the Diversity in Contracting Program in Internal
Audit Department's 2019 work plan to determine adherence to this policy and include in
future years as the Commission Audit Committee deems appropriate.
SECTION 7. Fiscal Implications.

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Fiscal implications shall be reviewed by the Executive Director annually, at a minimum, to ensure
the implementation of the policy directive is adequately resourced and shall submit a budget
request as appropriate.

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Diversity in Contracting Sample Disaggregated Data Dashboard

Black
American

Hispanic
American

Native
American

Race
Asian Pacific
Caucasian
American

Other

Number of Firms

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Minority Certified
Women & Minority Certified
Women Certified
Veteran certified
Total Certified (non-duplicated)

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•

Minority Self-Identified
Women & Minority Self-Identified
Women Certified Self-Identified
Total Self- Identified (non-duplicated}

Amount and Percent of Spend

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•

Minority Certified
Women & Minority Certified
Women Certified
Veteran Certified
Total Certified (non-duplicated)

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•

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

-

Not
Known

Total