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11c_ attach 1
May 27, 2025

RESOLUTION NO. 3836
A RESOLUTION of the Port of Seattle Commission amending Resolution No. 3737
and the Diversity in Contracting Directive Policy to
increase women and minority business opportunities.
WHEREAS, the Port of Seattle works to create, improve, and grow economic
opportunities for all, including through supporting Women Minority Business Enterprises
(WMBE) and Small Business Enterprises (SBE) through contracting opportunities with the Port;
and
WHEREAS, the Port of Seattle created its Diversity in Contracting program via
Resolution 3737 (Res3737) adopted in January 2018. Res3737 formally adopted the Diversity
in Contracting Directive as an actionable way to meet the Century Agenda goal of increasing
WMBE utilization in Port contracts; and
WHEREAS, the Diversity in Contracting Directive, via Res3737, established goals for the
program to achieve in five years from 2019 to 2023. Res3737 set goals to increase the number
of WMBE firms contracted with the Port of Seattle, to increase dollars spent on WMBE
contracts to 15% over the implementation period of the Diversity in Contracting program, and
increase overall WMBE utilization in Portwide contracting opportunities; and
WHEREAS, the Port of Seattle established additional goals in the Diversity in
Contracting program to incorporate WMBE goals into Division and COEs strategic business
plans, budget and resource allocations, Century Agenda goals and objectives, prepare and
publish annual reports, improve inclusion and outreach to grow WMBE participation, and
actively work to reduce disparities in contracting; and
WHEREAS Res3737 detailed strategies to support WMBEs, knowledge, and expertise to
bid on Port contracting opportunities, as well as strategies and support from the Port's
Executive Director and Commission for the Port to be flexible and responsive to achieve goals
set by the Diversity in Contracting Directive; and
WHEREAS, programmatic data collection and disparity studies have been essential to
understanding challenges and successes of implementation of the Diversity in Contracting
program; and
WHEREAS, the Port has partnered with a total of 392 WMBE businesses in 2023,
exceeding its policy goal of working with 354 WMBE firms annually. From 2019-2023, the Port

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partnered with 791 unique WMBE firms; and
WHEREAS, the Diversity in Contracting program has made significant progress in
expanding economic opportunity. In 2016, WMBEs held 5.3% of Port contracts for a total of 118
firms; WMBE utilization more than doubled by 2021, seeing a high of 14% utilization and 392
WMBE firms contracting with the Port; and
WHEREAS, as the Diversity in Contracting program grows, small business and veteranowned businesses have been identified as opportunities for inclusion to achieve program goals
while growing diverse businesses that can compete for Port contracts; and
WHEREAS, the Diversity in Contracting program works to achieve an environment of
parity for all businesses and competitiveness; and
WHEREAS, for 2025-2030, the Diversity in Contracting program seeks to expand
businesses eligible for programmatic support, improve processes such as prompt payments,
collect additional data, increase outreach and education, and continue to lower barriers to
increase access to Port contracting opportunities in fulfillment of the Port's mission to promote
economic opportunities and quality of life in the region by advancing trade, commerce, and job
creation in an equitable, accountable, and environmentally responsible manner.

NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows:
SECTION 1. Resolution 3737 is hereby amended to read as follows.
SECTION 2. The Diversity in Contracting Policy Directive as shown in the attached Exhibit A is
hereby amended to read as follows.
SECTION 3. 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 of Seattle Commission at a duly noticed public meeting thereof,
held this
______ day of
_______________________________ , YYYY, and duly
authenticated in open session by the signatures of the commissioners voting in favor thereof
and the seal of the commission.

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Port of Seattle Commission

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EXHIBIT A to Resolution 3836
Diversity in Contracting Policy Directive
As proposed May 27, 2025

SECTION 1. Purpose.
The Port finds that minority, women, and veteran-owned businesses are under-represented
and have been under-utilized on Port contracts through disparity studies and other reports. The
purpose of this policy directive is to provide the maximum practicable opportunity for increased
participation by minority, women, and/or veteran-owned and controlled businesses in Port
contracting for public works, consulting services, supplies, material, equipment, and other
services by increasing a diverse, competitive pool of potential contractors to meet the Port's
Diversity in Contracting goals of Port spend and increase of WMBE, Small Business, and Veteran
Business utilization.
SECTION 2. Definitions.
For the purposes of this chapter:
"Affirmative efforts" means documented reasonable attempts in good faith to contract with
women, minority, and veteran owned 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.
"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.
"Commercially useful function" means the performance of real and actual services in the
discharge of any contractual endeavor.
"Construction Business" means any person, firm, corporation or other entity who or which, in
the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid
to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, or demolish
any building, road, excavation or other structure, project, development, or improvement
attached to real estate or to do any part thereof including structures or works in connection
therewith, the installation of roofing or siding, or cabinet or similar installation; and/or
employes members of more than one trade upon a single job or project or under a single
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building permit.
"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 a Contract.
"Contractor" means a business that has a Contract with the Port.
"Division" means any Port of Seattle organization structure that has a director that reports to
the Executive Director.
"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.
"Small Business" (SBE) means a business that is certified by OMWBE as either a Small Business
Enterprise (SBE) or Public Works Small Business Enterprise (PWSBE).
"Utilization" is defined as both the percent of contracting dollars paid to WMBE firms as well as
the number of WMBE firms under contract.
"Veteran owned business" (VBE) means a business that has been certified by Washington State
Department of Veteran Affairs as veteran owned.
"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.
SECTION 3. Scope and Applicability.
This policy shall apply to all Contracts and activities at the Port.
SECTION 4. Responsibilities.
The Executive Director shall pursue the Century Agenda goal to increase WMBE, VBE and SBE
utilization in all Port contracts and shall:
A. Achieve the Century Agenda goal to achieve 16 percent of dollars spent on WMBE,

SBE, and VBE contracts, and 500 WMBE, SBE, and VBE firms utilized annually, within the next
five years (2025 - 2029) of the Diversity in Contracting Program.
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B. Incorporate these WMBE, SBE, and VBE goals into the Port's Century Agenda
Objectives and KPIs. Further, the Executive Director shall prepare and publish an annual report
each year titled Diversity in Contracting Annual Report;
C. Improve inclusion and outreach to sustain and improve WMBE, SBE, and VBE

participation and to reduce disparity in Port contracting;
D. Take pro-active efforts to assure equity in contracting opportunities through the

development and application of inclusion plans or other tools as necessary; and
E. Expand opportunities for WMBE, SBE, and VBE firms across Port functions, wherever

practicable.
(Res. 3737, §3, 2018)
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, SBE, and VBE firms, and to ensure that
businesses and contractors of all tiers working on Port contracts and
subcontracts utilize WMBE, SBE, and VBE firms, wherever feasible or as required.
(2) Develop and refine a standard procedure for the Port-wide WMBE and VBE
aspirational 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 and VBE 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
Diversity in Contracting Program and a designated WMBE liaison for each
division.
(5) Make WMBE and VBE aspirational goal setting and affirmative implementation
efforts part of the annual performance evaluation for each Port division director
and their staff and require standardized Diversity in Contracting program
training, implementation, and coordination for all division leaders and their
WMBE representatives.

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B. The Diversity in Contracting Annual Plan shall include:

(1) Specific measures the contract awarding authority will undertake to increase the
utilization of WMBEs and VBEs to reduce disparity in Port contracting; and
(2) Specific aspirational 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.
(b) Construction goals, other than small works, based on disparity studies or
other valid internal data can demonstrate a reasonable level of utilization.

C. To improve inclusion and outreach to sustain and improve WMBE, SBE, and VBE
participation and to reduce disparity in Port contracting, the Port shall:

(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, VBE, and SBE firms in their procurement and contracting.
(2) Improve and expand technical assistance, including WMBE, SBE, and/or VBE
certification, business development, training, and mentoring programs for
WMBE, SBE, and VBE 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 Contracts to comply with the
affirmative efforts provision for such Contracts and offer information as to
organizations and agencies available to assist such contractor in recruiting,
mentoring, training, or otherwise preparing potential subcontractors.
(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 of this policy directive, as
needed.
(6) Leverage opportunities as authorized by the Executive Director to increase
WMBE SBE, and VBE firm participation if attainment goals are not being met.
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(7) Utilize Port processes to improve contracting in support of WMBE, SBE, and
VBEs; this may include (but are not limited to) developing recommendations to
increase efficiencies with prompt payments; and adjust competitive thresholds
for professional services.
(8) To support small business participation by reviewing project risk and adjusting
bonding and insurance levels, when possible, to increase participation on Public
Works projects.
(9) Leverage the use of Alternative Delivery Methodology contracts to support
increased WMBE, SBE, VBE participation, where applicable.
(10) Increase education and outreach to WMBEs, SBEs, and VBEs to understand PLA
terms.
(11) Collect data on timely dispatch of workers on contracted jobs with the Port.
D. Affirmative efforts to assure equality of contracting opportunity required:

(1) Require bidders and proposers to comply with the Diversity in Contracting
solicitation requirements in order to sustain and improve participation of WMBE,
SBE, and VBEs in Port Contracts.
(2) Prepare and require that Port Contracts include specifications pertaining to
equal opportunity affirmative efforts to assure equality in contracting
opportunity, and aspirational goals for WMBE and VBE subcontracting. Any goals
established under this chapter shall be reasonable; however, no utilization
requirements shall be a condition of contracting, except as may be allowed by
RCW 49.60.400.
(3) Regularly monitor and measure the Port Diversity in Contracting program and
attainment of aspirational goals by contractors.
(4) May establish aspirational goals for the participation of women, minority, and
veteran 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, SBE, and VBE firms to pursue Port Contracts.
(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 improvements to the existing prompt pay processes and
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procedures.
E. Affirmative efforts in subcontracting:

(1) All contractors, including WMBE, SBE, and VBE firms, shall actively solicit bids for
subcontracts to eligible, available, and capable WMBE, SBE, and VBE firms to
perform commercially useful functions.

(2) At the request of the relevant Port department, when inclusion plans are
required, contractors shall furnish evidence of the contractor's compliance with
such requirements and will submit evidence of compliance when requested.
Contractors shall provide records necessary to document affirmative efforts to
subcontract with WMBE, SBE, and VBE businesses on Port contracts.
(3) Compliance with all requirements and past performance under this policy
directive may be included in the evaluation of future procurements.
(4) Contracts funded in whole or in part with federal funds or that are otherwise
subject to federal contracting or other federal legal requirements (collectively
"Federally-Regulated Contracts"). Federally-Regulated Contracts shall comply
with all applicable federal laws, regulations, and orders, including those related
to DBEs, ACDBEs, WMBEs, SBEs, and VBEs. To the extent permitted by those
federal laws, regulations, and orders, and only to that extent, the provisions of
this Policy Directive shall also be applied to Federally-Regulated Contracts. In
contracts subject to 9 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.

F. Expanding Opportunity.

(1) The Port shall review and expand opportunities for WMBE, SBE, and VBE firms in
other Port enterprise opportunities, for example real estate leases, to encourage
and promote access to Port facilities.
(Res. )
SECTION 6. Program Evaluation.
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A. Benchmarks and metrics to evaluate the Diversity in Contracting Program shall
include:
(1) Incorporation of WMBE and VBE goals to the fullest extent reasonable, including
incorporation into Century Agenda Key Performance Indicators (KPI), reports,
and updates.
(2) Specific measures the contract awarding authority will undertake to increase the
participation of women, minority, and veteran-owned businesses and to reduce
disparities, including the number of events or outreach activities conducted to
ensure responsiveness to bid opportunities.
(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.
(4) Data reporting using the standard procedure identified in the Diversity in
Contracting program for the Port-wide collection and reporting of relevant
demographic data including percent of spend, number of businesses, and type of
procurements. This also includes all relevant data systems to comply with United
States's Department of Transportation's Disadvantage Business Enterprise (DBE)
program requirements.
(5) Preparation and publication of an annual report titled Diversity in Contracting
Annual Report.

SECTION 7. Fiscal Implications.
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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Revision History

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January 9, 2018

Resolution 3836

Resolution 3737, establishing the Diversity in Contracting Policy
Directive, was adopted.

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