7b Attach C
RESOLUTION NO. 3166 A RESOLUTIOII of the Port Commieeion of the Port of Seattle repealing Resolution Ros. 2818 and 2821 and restating Port policy relating to Discrimination and Affirmative Action in Employment by Port of Seattle Contractors and Subcontractors and Establishing Policiee, Procedures and Requirements for Compliance Therewith. WBEBgaS, the Port of Seattle Comisaion adopted Resolution Nos. 2818 and 2821 wherein a policy of commitment to Equal Employment Opportunity and Affirmative Action was incorporated and adopted in the exhibit thereto; and WBEPEaS, minor changes to Resolution Nos. 2818 and 2821 are required' to facilitate administration and clarify Port requirements to contractors doing business with the Port; HOW, TBBPgPOPB, BE IT RESOLVED by the Port Commission of the Port of Seattle that Resolution Nos. 2818 and 2821 are repealed; and BE IT PDHTBBB PESOLVED that the following statement of policy, procedure and requirements is adopted by the Port Commission for the purpose of establishing uniformity and standardization with respect to the affirmative action plans and statements of non-discrimination submitted by contractors bidding and being awarded contracts for work projects of the Port of Seattle. Contractors submitting bids on Port of Seattle work projects, may, in lieu of submission of an affirmative action plan, incorporate Resolution No. 3166 by reference and Certificate of Compliance in any bid proposal submitted to the Port of Seattle,where bid specifications or other established procedures require the same. SECTION 1: DEFTNITI_ONS. 1. "Affirmative action" shall mean policies, procedures and programs designed to increase the representation of minorities and women in employment, applications for employment, and employment-related training programs (of minorities and women). 2. "Contractorv shall mean a person, firm, business, organization, company, consultant, supplier/vendors partnership or corporation contracting to do business with the Port of Seattle on work projects. 3. "Consultant" shall mean an impartial, objective advisor who renders professional opinions, findings, judgments and recommendations to the Port of Seattle. 4. "Supplier/Vendorl' shall mean an outside supplier of goods and services to the Port of Seattle. 5. "Discriminationg1shall mean differential treatment or pursuit of policies or practices that have a disproportionate impact upon persons due to their creed, race, color, sex, age, sexual oxientation, marital status, national origin or the presence of any sensory, mental or physical handicap, unlees such policies or practices are necessary for the performance of the job and no leas discriminatory alternatives are possible. 6. "Minorityg' shall mean a person who is a citizen, a lawful permanent resident of the United States, and who is black (all persons having origins in any of the black African racial groups not of Hispanic origins); Hispanic (all persona of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); Asian and Pacific Islander (all pereone having origins in any of the original people8 of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands); American Indian or Alaskan Native (all persona having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or comnnmity identification). 7. "Underrepresentation" shall mean presence in a contractor's work force of minorities and women in proportionate numbers lower than the goals established for the contractor's businees under this Resolution. SECTION 2. WON-DISCRIMINATION. No contractor, subcontractor, or union doing business with the Port of Seattle, hereinafter referred to as the Port, or furnishing workers or services in connection therewith, shall discriminate against any pereon on the basis of race, color, creed, sex, age, sexual orientation, nationality, marital status or the presence of any sensory, mental or physical handicap, (provided that such handicap does not hinder the performance of the job), or Vietnam veteran status, in employment, and no such contractor, subcontractor, or union shall violate any of the terms of Chapter 49.50 of the Revised Code of Washington, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding non-discrimination in employment. SECTION 3: GOALS A14D TIMETABLES: AFFIRMATIVE ACTION REQUIRED. 1. w. a. The Port of Seattle shall set goals and timetables for minority and female employment by contractors doing business with the Port, which goals shall be based on appropriate work force, demographic or other relevant data. The setting, monitoring, and evaluating of a contractor's performance in attempting to meet goals ahall be based on total manhours of training and employment as a proportion of all manhours to be worked by the contractor's entire work force in that trade on Port of Seattle contracts. The percentage of manhours for minority and female work and training should be substantially uniform throughout the length of the contract, for each of the trades. The transfer of minority and female employees or trainees from employer-to-employer and from project-to-project for the sole purpose of meeting the contractor's or subcontractor's goal(8) shall be a violation of these requirements. b. The goals for minority and female labor utilization required of contractors pursuant to this Resolution may be satisfied by the enrollment of minority and female workers in pre-apprenticeship, apprenticeship, and journeyman training or similar programs; but such utilization of minority and female labor shall be apportioned as equally as possible to all such programs used or available for use. In order for non-working training hours to be counted in meeting the goals, such trainees must be employed by the contractor during the training period. 2. A f f i r m a t iWhere a contractor'sv e . employment statistics demonstrate that minorities and/or women are underrepresented in its work force in relationship to the goals established by the Port, contractors, subcontractors, and unions doing business with the Port, or providing workers or services in connection therewith, shall take affirmative action measures, as set out in this Resolution, to increase the representation of minorities and women at locations and establishments where projects and work are being done under contract with the Port. Affirmative action measures shall be based on what is reasonably required to achieve employment goals which will cure underrepresentation. Underrepresentation of minorities and women will not itself be deemed a violation of this Resolution where reasonable affirmative action measures are adopted and are being implemented in good faith. SECTION 4. MINIMUM AFFIRMATIVE ACTION MEASURES FOR CONSTRUCTIOV CONTRACTORS. Contractors shall take specific affirmative action measures to ensure equal employment opportunity. The Contractor shall fully document its efforts and shall implement affirmative action measures at least as extensive as the following: 1. Policv Dieecmination. Internal and external dissemination of the contractor's equal employment opportunity policy; posting of the nondiscrimination policies and the requirements of this Reeolution on company bulletin boards accessible to all employees at each location where work ie to be performed by contractors of the Port; notification to each subcontractor, labor union and representative of workers with which there is a collective bargaining agreement, contract, subcontract, or under~tanding,that the contractor is committed to the requirements of Resolution No. 3166; inclusion of the Equal Employment Opportunity policy in all advertieements, policy manuals, company newspapers, annual reports, etc.; at least annual review of these policies with all management personnel, employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, and all minority and female employees of the company. 2. Recruiting. Direct recruitment efforts, both oral and written, to minority, female and combunity organizations to minority and female recruitment and training organizations serving the contractor's recruitment area and employment neede; encourage present minority and female employees to recruit other minority persons and women; where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's work force; and solicit bids for subcontracts from firms whose employment profile meets the affirmative action goals established under this Resolution. 3. SelfAa- seesment and Test V a l i d a u .Review of all employment policies and procedures, including review of tests, hiring and training practices and policies, performance evaluations, seniority policies and practices, Job classifications and Job assignments, to assure that they do not discriminate against, or have a discriminatory impact on minorities and women and validation of all tests and other selection requirements where there is an obligation to do so under state or federal law. 4. Record Referrals. Maintain a file of the names and addresses of each minority and female worker referred to him and what action was taken with respect to each such referred worker; and if the worker was not employed, the reason therefor. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file should document this and the reasons therefor. 5. Notice of Union Ron-coo~eration. Provide immediate vritten notification to the Port when the union or unions with which the contractor has a collective bargaining agreement impeded the contractor's efforts to meets its obligations under this Resolution. 6. Training. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and vomen, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor; conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunitiea. 7. Reporting, Designate a responsible official to monitor all employment related activity to ensure that the company EEO/Affirmative Action policy and the policies of Resolution No. 3166, are being carried out, to submit reports relating to the provisions hereof aa may be required by the Port, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. 8. Subcontract Bid -. Solicit bids for subcontracts from available minority and women-owned business enterprises in the trades and document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. SECTION 3. CONTRACT REOUIREHENTS, The Port's policy, as stated in Section 2 of this Resolution requiring nondiscrimination in contractor or subcontractor employment and affirmative action, shall be included in all Port contracts. Any violation of the specific provisions of this Resolution, and of any term of the Certificate of Compliance required hereby, including reporting requirements, shall be deemed a violation of Resolution No. 3166. Any such violation shall be deemed a breach of a material provision of the contract between the Port and the contractor. Such breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of the contract by the Port, or for invoking the enforcement provisions of the contract providing for penaltiea, liquidated damagee, or other remediea, and may result in the contractor's ineligibility for further Port contracts, PROVIDED, that underrepresentation of minorities and women and the failure or inability of any contractor to achieve employment goal8 will not be a violation where that contractor ha8 adopted and pursued a reasonable affirmative action program in compliance with this Resolution. TEIE BURDEN IS ON TEE CONTRACTOR TO DEMONSTRATE ITS COHPLIAACB WITH RESOLUTIOlO NO. 3166. SECTfOAf. PIE-CONTRACT OUALIPICATION. Prior to award of any Port contract, contractors must first be certified by the Port's Contract Compliance Officer or designee as haviag complied with the provisione of this section. The Port ahall not contract with or receive services from an ineligible contractor who does not meet these provieione. 1. Work Force Data. All contractors per contract requirement shall submit to the Port a total personnel inventory employment profile providing employment data for all employees. The Port may determine the form in which this data ahall be provided. 2. WianceAffidavit8 -on Statement@. All contractors shall submit a Certificate of Compliance at the time of bid, in accordance with Bid/Quote/Proposal/Contract requirements in the form provided by the Port, a copy of which is attached and incorporated herein by reference as Addendum 1, 2, or 3. The Certificate of Compliance shall set forth the contractor's specific employment goals, minimum affimative action requirements, reporting requirements and other such proviaion8 as the Port deems necessary and appropriate for compliance with and enforcement of this Resolution. PROVIDED, that the Certificate of Compliance shall not require actions or goals inconsistent with the standards, guidelines and affirmative action measures aet forth in this Resolution No. 3166. n.SUBCONTRACTORS.Per contract requirement, the prime contractor shall be required to submit to the Port, along with its qualifying documents under this Resolution, Certificates of Compliance, and reports from its subcontractors in the same manner as these are required of the prime contractor. Reporting requirements of the prime contractor during the contract period will apply equally to all subcontractors. As a condition of their contract, prime contractors shall be responsible for both the submission of certificates and reports and for requiring their subcontractors and material suppliers to employ racial minorities and women. Any violation of this Resolution or the requirements of the certificate of compliance by the subcontractor will be deemed a violation by the prime contractor and subject to the sanctions and penalties set forth in the contract and this Resolution. SECTION 8. COMPLIANCE MONITORING. The Executive Director of the Port of Seattle or designee shall monitor compliance with this Resolution, and conduct such investigations as may be necessary to determine compliance on the part of any firm or organization vith the requirements or this Resolution. It shall be the duty of each Port of Seattle depaztment responsible for and initiating contract8 subject to this Resolution, to assure that contractors are notified of their obligations hereunder. The Director, Divereity Programs or hidher designee shall have the direct responsibility and authority to insure that contractors are properly monitored and that each Port department is in full compliance with the provisions of this Resolution. SECTION 9. JEPORTIIOG BEOUIREMEI9TS. In addition to the Certificate of Compliance, the contractor will, upon request, furnish all information and reports as reasonably required by the Port, to determine compliance with this Resolution. Additionally, contractor vill, upon request, permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with the non-discrimination and affirmative action requirements of this Resolution. Unless otherwise required by law, all information, data, or records obtained pursuant to the monitoring and investigation activities authorized hereunder shall be kept confidential by the Port, except that the Port may release such information when requested to do so in cooperation with state and federal agencies administering and enforcing applicable lavs against discrimination and in compliance with applicable laws ~overningpublic disclosure. SECTION 10. SEVERABILITY. Should any section, subsection, paragraph, sentence, clause, or phrase of this Resolution, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Resolution. SECTION 11. GOALS. The goal for minority and female employment with contractors doing business with the Port shall be as established by the Executive Director or designee. SECTION 12: Addendum 1, 2, 3 (Certificate of Compliance forms) are revised and incorporated herein by reference. SBCTIOl 12: The Executive Director ie authorized to modify the Addendum 1, 2, 3 or the Certificate of Compliance so long aa such modification is not incotmiateat with Beeolution no. 3166. ADOPTED by the Port Comrieaion of the Port of Seattle this =day of 5;:; . 1994 and duly authenticated in open neaaion by the mi@acures of the Conmiclaionera voting and the seal of the Cormaisaion duly affixed.
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