Item No.: _7b_attach______ 
Meeting Date: November 28, 2017 


1                                                  Resolution No. ---- 
2 
3              A RESOLUTION of the Port of Seattle Commission to establish a Women
4                                and  Minority  Business  Enterprise  Policy  Directive  to 
5                                increase women and minority business opportunities and
6                                repeal Resolutions No. 3506 and No. 3618. 
7 
8     WHEREAS, the Port of Seattle in the Century Agenda commits to create economic opportunity
9     for 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 our  region  is strengthened and more resilient when
13    opportunity is inclusive across our diverse communities; and 
14 
15    WHEREAS, the Port of Seattle is uniquely positioned among public agencies to lead in efforts of
16    justice and equity by providing a level platform to all businesses including Women and Minority
17    Business Enterprise (WMBE) firms to compete and succeed; and 
18 
19    WHEREAS, the 1998 passage of Initiative 200 by Washington State voters prohibited racial and
20    gender  preferences  by  state  and  local  government  and  upended  the  then  established
21    affirmative action programs of state and local governments; and 
22 
23    WHEREAS, In 2003, in response to Initiative 200, the Port passed Resolution No. 3506
24    "establishing a program to develop mutually advantageous business relationships with small
25    businesses, and firms owned and operated by minorities, women and disabled"; and 
26 
27    WHEREAS, In 2010, the Port of Seattle passed Resolution No. 3618 "a program to develop
28    mutually advantageous business relationships with small businesses including those owned and
29    operated by people of color, women, people with disabilities, veterans, and the socio-
30    economically disadvantaged"; and 
31 
32    WHEREAS, the Port of Seattle efforts and programs as a result of Resolutions 3506 and 3618
33    have increased small business participation but have failed to increase WMBE participation;
34    and 
35 
36    WHEREAS, it is a priority for the Port of Seattle to affirmatively expand its efforts to increase
37    WMBE participation in Port contracts and ensure that WMBEs are afforded fair and equitable
38    opportunity to compete for Port contracts, succeed as subcontractors, and do not face unfair
39    and unnecessary barriers when seeking and performing on Port contracts; and 

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40 
41    WHEREAS, current data and numerous studies show that WMBE participation in Port of Seattle
42    opportunities has been and continues to be disparately low; and 
43 
44    WHEREAS, this policy will strengthen Port of Seattle efforts to eliminate this disparity and result
45    in more equity, diversity and inclusion for WMBE's 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 
50    WHEREAS, the Port of Seattle is committed to its values of conducting business with the highest
51    ethical standards and our business practices shall reflect integrity, accountability, honesty,
52    fairness and respect at all levels; 
53 
54    NOW, THEREFORE, be it resolved by the Port of Seattle Commission as follows: 
55 
56    SECTION 1. Resolutions 3506 and 3618 are repealed as follows: This resolution hereby repeals
57    Resolution No. 3506 and Resolution 3618. 
58 
59    Section 2. Transition from Resolution 3618 as follows: The Executive Director may continue to
60    operate under Resolution No. 3618, as needed, to allow for transition to this Resolution until
61    September 1, 2018. 
62 
63    SECTION 3. Establish the Women and Minority Business Enterprise Policy Directive as shown in
64    Exhibit A. 
65 
66    SECTION 4. This Policy Directive shall be labeled and catalogued as appropriate, together with
67    subsequent Policy Directives, and shall be made readily available for use by Port staff and
68    members of the public as a governance document of the Port of Seattle. 
69 
70            ADOPTED by the Port Commission of the Port of Seattle at a duly noticed meeting
71    thereof, held this _____day of ____________, 2017, and duly authenticated in open session by
72    the signatures of the Commissioners voting in favor thereof and the seal of the Commission. 
73 
74                                    _________________________________ Tom Albro 
75 
76                                    _________________________________ Stephanie Bowman 
77 
78                                    _________________________________ John Creighton 

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79 
80                                    _________________________________ Fred Felleman 
81 
82                                    _________________________________ Courtney Gregoire 
83                                            Port of Seattle Commissioners
















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84                                                  EXHIBIT A 
85                         Women and Minority Business Enterprise Policy Directive 
86 
87    SECTION 1 Purpose. 
88 
89        The Port finds that minority and women businesses are under-represented and have
90    disproportionally low participation in Port contracts and business opportunities. The purpose of
91    this  Policy  Directive  is  to  provide  the  maximum  practicable  opportunity  for  increased
92    participation by minority and women owned and controlled businesses until such time as this
93    under-representation and under-participation no longer exists. 
94         Port contracting in public works, consulting services, supplies, material, equipment, leasing
95    and other services creates the opportunity to leverage Port spending, assets, and create 
96    business opportunities to increase WMBE participation. This policy is intended to positively
97    influence the number of WMBE businesses participating in the Port's construction projects,
98    supplier base, real property leases, and concession opportunities. 
99 
100    SECTION 2 Definitions. 
101 
102        For the purposes of this chapter: 
103 
104        "Affirmative Efforts" means documented reasonable attempts in good faith to contract with
105    Women and Minority Businesses. 
106 
107        "Availability" or "Available" as used in this chapter means a business that is: interested in
108    and capable of performing the work within the time frame required and to the quality specified
109    in the solicitation and contract. 
110 
111        "Capability" or "Capable" as used in this section means that a business appears able to
112    perform a Commercially Useful Function in performance of the work. 
113 
114        "Commercially Useful Function" means the performance of real and actual services in the
115    discharge of any contractual endeavor. 
116 
117        "Contract" means an agreement for construction of public works projects; for providing
118    consulting services; for furnishing supplies, material, and/or equipment; for leasing of real
119    property; for acting as a concessionaire; and/or for rending to the Port other services. 
120 
121        "Contractor" means a business that has a Contract with the Port.
122 
123        "Division" means each and every operating division and administrative department of the
124    Port of Seattle under the management control of the Executive Director. 
125 

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126        "Women or Minority Business" (WMBE) means a business that is at least 51 percent owned
127    and controlled by women and/or minority (including, but not limited to African Americans,
128    Native Americans, Asians, and Hispanics) group members. 
129 
130        "Central Database" means an electronic database that  collects  aggregates and tracks
131    monthly Port-wide, division and department-level utilization of small business, Women and
132    Minority Owned Business, and other classifications across various categories and contract types 
133    and promotes transparency for the public. 
134 
135        "Relevant demographic data" is defined as characteristic information related to a business
136    owner's sex/gender, race, ethnicity or veteran status as self-reported and/or certified by
137    another government entity. 
138 
139        "Participation" is defined as both the percent of opportunities in which WMBE firms have a
140    contractual interest as well as the number of unique WMBE firms with contract interests. 
141 
142        "Utilization" is defined as both the percent of contracting dollars paid to WMBE firms as
143    well as the number of unique WMBE firms under contract. 
144 
145    SECTION 3 Scope and Applicability. 
146 
147    This policy shall apply to all contracts and other activities at the Port, including construction 
148    contracts, consulting  contracts, purchased goods and services, leasing opportunities, and
149    concession opportunities. 
150 
151    SECTION 4 Responsibilities. 
152 
153    The Executive Director shall pursue the Century Agenda goal to increase WMBE utilization and
154    participation in Port contracts and shall: 
155 
156     A.  Within 120 days of passage of this Policy Directive, analyze and benchmark WMBE
157         utilization and participation in all Port contracts (construction, consulting, supplies, leasing,
158         and concessions) and refine and update the analysis annually. 
159 
160     B.  Within 180 days of passage of this Policy Directive, develop a WMBE Program that
161         identifies affirmative efforts to afford Women and Minority Businesses the maximum
162         practicable opportunity to meaningfully participate on Port Contracts and achieve the goal
163         to triple the number of WMBE firms (from the baseline) and increase WMBE participation
164         to 15% in each of the areas defined under the "contract" definition, by 2023. 
165 
166     C.  Incorporate these WMBE goals into the Port's Long Range Plan (LRP) to the fullest extent
167         reasonable, including incorporation into LRP scorecards, reports, and LRP updates.
168         Further, the Executive Director shall prepare and publish an annual report each year titled
169         Women and Minority Business Enterprise Utilization and Participation Annual Report. 

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170 
171    Section 5 Policy. 
172 
173     A.  The WMBE Program shall include: 
174 
175          (1) Responsibilities,  policies,  practices,  and  processes  that  can  change  the  Port
176             procurement and contracting processes and provide a more receptive environment
177             for the utilization of WMBE firms, and to ensure that businesses and contractors of all
178             tiers working on Port contracts and subcontracts  utilize WMBE firms, wherever
179             feasible or as required; 
180 
181          (2) Development of a standard procedure for the Port-wide WMBE goal setting, and
182             collection and reporting of relevant demographic data to be stored in a central
183             database. 
184 
185          (3) Categories of covered contracts that will require WMBE Inclusion Plans and other
186             tools that will be applied to other categories of contracts Port-wide.
187 
188          (4) Clear lines of responsibility and accountability for implementation of the WMBE
189             Program and a designated WMBE liaison for each division. 
190 
191          (5) Make WMBE goal setting and affirmative implementation efforts part of the annual
192             performance evaluation for each Port division director and their staff and require 
193             standardized  WMBE  program  implementation  and  training  for  all  WMBE
194             representatives and Executive Leadership Team members. 
195 
196     B.  The Port of Seattle Long Range Plan shall include as Priority Actions: 
197 
198          (1) Specific measures the Contract awarding authority will undertake to increase the
199             utilization and participation of Women and Minority Businesses. 
200 
201          (2) Specific goals by Division for Women Business Enterprise utilization and Minority
202             Business Enterprise participation and utilization:
203 
204               (a) Each Port Division will review future procurements to identify available firms on
205                   upcoming contracts to create a utilization goal that is justifiable, bold and
206                   challenging. 
207 
208               (b) Construction goals, other than small works, based on historic utilization plus 2%,
209                   until  such  time  that  a  disparity  study  or  other  valid  internal  data  can
210                   demonstrate a reasonable level of utilization.
211 
212     C.  Improve inclusion and outreach to sustain and improve WMBE participation in Port
213         contracts: 

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214 
215          (1) Support training and assistance to Port staff to increase participation in outreach and
216             to learn about the internal and external resources available to include WMBE firms in
217             their procurement and contracting 
218 
219          (2) Improve  and  expand  technical  assistance,  business  development,  training  and
220             mentoring programs for WMBE firms to enhance bidding expertise and promote 
221             greater coordination with advocacy organizations, businesses, individuals and public
222             agencies and other Port departments; 
223 
224          (3) Create opportunities for members of the contracting and vendor community, Port and
225             other stakeholders to work collaboratively on recommendations for how the Port can
226             more effectively use the directives in this Policy Directive. 
227 
228          (4) Assist contractors desiring to bid on Port covered contracts to comply with the
229             affirmative  efforts  provisions  for  such  Contract,  and  offer  information  as  to
230             organizations and agencies available to assist such contractor in recruiting, mentoring,
231             training, or otherwise preparing potential subcontractors. 
232 
233          (5) Cooperate and establish formal and/or informal partnerships and mutual cooperation
234             with other public agencies to carry out the purposes of this Policy Directive, as
235             needed; 
236 
237     D.  Affirmative efforts to assure equality of contracting opportunity required: 
238 
239          (1) Develop procurement tools, such as WMBE inclusion plans, and require bidders and
240             proposers to comply with the WMBE solicitation requirement in order to sustain and
241             improve participation of WMBE in Port covered contracts. 
242 
243          (2) Prepare and require that Port covered contracts include specifications pertaining to 
244             equal opportunity affirmative efforts to assure equality in contracting opportunity,
245             and  goals  for  subcontracting  to  Women  and  Minority  Businesses.  Any  goals
246             established under this chapter shall be reasonably achievable, however, no utilization
247             requirements shall be a condition of contracting, except as may be allowed by RCW
248             49.60.400. 
249 
250          (3) Identify and implement a Port-wide method to regularly monitor and measure the
251             Port WMBE program and attainment of the goals by contractors. 
252 
253          (4) May  establish  aspirational  goals  for  the  participation  of  Women  and  Minority
254             Businesses in a particular Port Contract on a case-by-case basis. 
255 
256          (5) Work closely with other divisions and departments to ensure all policies, practices and
257             processes are consistent and complementary and make it easier for WMBE firms to 

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258             pursue Port contracts. 
259 
260          (6) Define, implement, and monitor appropriate processes and procedures to ensure
261             prompt  payments  and  change  order  processing  to  address  timely  payment  of
262             contractors, supplier and subcontractors at all tiers. Review and recommend potential
263             for including prompt pay in performance goals. 
264 
265     E.  Affirmative efforts in Subcontracting: 
266 
267          (1) All Contractors, including WMBE firms, shall actively solicit bids for subcontracts to
268             qualified, available, and Capable WMBE to perform Commercially Useful Functions. 
269 
270          (2) Contractors shall consider the grant of subcontracts to women and minority bidders
271             on the basis of substantially equal proposals in the light most favorable to Women and
272             Minority Businesses. 
273 
274          (3) At the request of the relevant Port Department, when inclusion plan are required,
275             Contractors  shall  furnish  evidence  of  the  Contractor's  compliance  with  these
276             requirements  of  women  and  minority  solicitation  and  will  submit  evidence  of
277             compliance with this section as part of any bid. Contractors shall provide records 
278             necessary to document affirmative efforts to subcontract with Women and Minority
279             Businesses on Port Contracts; and 
280 
281          (4) Compliance with all requirements and past performance under this Policy Directive
282             may be included in the evaluation of future procurements. . 
283 
284          (5) In applying the provisions of this Policy Directive to Contracts funded in whole or in
285             part with federal funds and subject to 49 CFR Part 23, Subpart D, references to
286             Women and Minority Businesses shall also include federally recognized disadvantaged
287             business enterprises. In the event of a conflict between the provisions of this chapter,
288             or the rules implementing this Policy Directive, and the requirements of 49 CFR Part
289             23, Subpart D, or any other superseding applicable federal statute or regulation, the
290             provisions of the federal statute or regulation shall control. 
291 
292     F.  Expanding Opportunity 
293 
294          (1) The  Port  shall  expand  opportunities  for  WMBE  firms  in  other Port  enterprise
295             opportunities, for example real property leases, to encourage and promote access to
296             Port facilities. 
297 
298          (2) The Port shall endeavor to ease WMBE firm utilization on public works projects in
299             respect to Project Labor Agreements as part of the negotiations to establish Project
300             Labor Agreement standard language. 
301 

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302          (3) The Port shall develop a baseline utilization number for Veteran Owned businesses
303             and propose a reasonable Port-wide to the Commission for inclusion in the Century
304             Agenda by September 1, 2019. 
305 
306    SECTION 6 Program Evaluation. 
307 
308    A.  Benchmarks and metrics to evaluate the WMBE program shall include: 
309 
310           (1) Incorporation of these WMBE goals into the Port's Long Range Plan (LRP) to the
311              fullest extent reasonable, including incorporation into LRP scorecards, reports, and
312              LRP updates. 
313 
314           (2) Specific measures the Contract awarding authority will undertake to increase the
315              participation of Women and Minority Businesses; including the number of events or
316              outreach activities conducted to ensure responsiveness to bid opportunities 
317 
318           (3) Progress towards specific Division WMBE utilization goals, including the number of
319              opportunities a division has available, the goals established for those opportunities
320              and the actual utilization, including a periodic evaluation of Disparity Study results to
321              determine reasonableness of goals. 
322 
323           (4) Data reporting using the standard procedure identified in the WMBE Program for the
324              Port-wide collection and reporting of relevant demographic data including percent of
325              spend, number of businesses, and type of procurements. 
326 
327           (5) Preparation and publication of an annual report each year titled Women and
328              Minority Business Enterprise Utilization and Participation Annual Report. 
329 
330    B.  The Internal Audit Director shall include the WMBE Program in Internal Audit Department's
331        2019 Work Plan to determine adherence to this policy and include in future years as the
332        Commission Audit Committee deems appropriate. 
333 
334    SECTION 7 Fiscal Implications 
335 
336    Fiscal implications shall be reviewed by the Executive Director annually, at a minimum, to ensure
337    the implementation of the Policy Directive is adequately resourced and shall submit a budget
338    request as appropriate. 
339 
340    SECTION 8 Research Findings. 
341    The Port of Seattle Commission finds that it is in the Port's and the public's best interest to
342    increase the utilization of women and minority businesses at the Port of Seattle. 
343 
344    Attachment B: Research finding of fact and declarations of intent (under development) 

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