6c memo

COMMISSION 
AGENDA MEMORANDUM                Item No.       6c 
ACTION ITEM                   Date of Meeting    December 19, 2017 
DATE:    December 14, 2017 
TO:     Port of Seattle Commission 
FROM:   Aaron Pritchard, Commission Policy Manager 
SUBJECT: Diversity in Contracting Policy Directive 
ACTION REQUESTED 
Request Commission to vote on Amendments to the First Reading of Resolution
3737, the Diversity and Contracting Policy Directive and to vote on Second
Reading of Resolution 3737. 
EXECUTIVE SUMMARY 
Below are fourteen proposed Amendments to the First reading of Resolution
3737. The Amendments are categorized as Technical Amendments, Minor
Amendments, and Amendments. 
Technical Amendments fix any clerical errors or add clarity and are noncontroversial.
Minor amendments significantly change language in the resolution to add
clarity and/or have some impact on the Diversity in Contracting Program 
and are non-controversial. 
Amendments include broad changes from first reading and/or have been
subject to significant Commission discussion. 
Key to reviewing proposed Amendments: 
If a whole section is struck, it is noted by the line numbers and the new
language is in this memo. 
If a words or phrase is struck, it has strikethrough and is highlighted in red. 
If new language is added it is underlined and in red.


Template revised September 22, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 2 of 9 
Meeting Date: December 19, 2017 

DIVERSITY IN CONTRACTING AMENDMENT REVIEW 
Technical Amendments  Proposed by Commission Staff 
Technical Amendment 1  Commission Staff 
Purpose: Clarify meaning 
Line 92, Strike Lines 92 - 94 and insert "controlled businesses in Port Contracting 
for public works, consulting services, supplies, material, equipment, other services
to create the opportunity to leverage Port spend to increase WMBE utilization." 
Line 208 , Strike Lines 208- 209 and Insert "To improve inclusion and outreach to
sustain and improve WMBE participation in Port contracts, the Port shall:" 
Technical Amendment 2  Commission Staff 
Purpose: Explicit statement of Federal supremacy to clarify applicability of
WMBE policy. 
Line 280, Page 7, Strike Lines 280  286 and insert: 
"(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 ACDBE's or DBE's. 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." 


Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 3 of 9 
Meeting Date: December 19, 2017 

Technical Amendment 3  Commission Staff 
Purpose: Add a Definition to clarify responsibilities, used on line 195. 
Line 117, page 3, Insert: "Contract awarding authority" means any individual,
office, or division that is receiving the benefit of the Contract. 
Technical Amendment 4  Commission Staff 
Purpose: Consistent Language 
Line 192, Page 5, Strike "annual WMBE plan" and insert Diversity in Contracting
Annual Plan to read: 
"B. As instructed by the annual WMBE plan Diversity in Contracting Annual
Plan," 
Line 319, Page 8, Strike "Women and Minority Business Enterprise Utilization and
Participation Annual Report" and insert "Diversity in Contracting Annual Report"
to read: 
"(5) Preparation and publication of an annual report titled Women and 
Minority Business Enterprise Utilization and Participation Diversity in
Contracting Annual Report Report." 
Line 196, page 5, strike Women and Minority Businesses and Insert "WMBE's" to
read: 
"(1) Specific measures the Contract awarding authority will undertake to 
increase the utilization of Women and Minority Businesses WMBE's." 



Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 4 of 9 
Meeting Date: December 19, 2017 

Minor Amendments 
Minor Amendment 5  Proposed by Gregoire and Albro 
Purpose: Eliminate the phrase "covered contracts" to be explicit that this policy
shall cover all contracts. 
Line 139 Page 4: strike the word "covered" to read: 
"This policy shall apply to all covered Contracts and other activities at the Port,
including construction and consulting Contracts, purchased goods and services." 
Line 181 Page 5: Add the word "Identify" before categories and strike the word
"covered" to read: 
"(3)  Identify categories of covered Contracts that will require WMBE Inclusion
Plans and other tools, if applicable, that will be applied to other categories
of Contracts Port-wide."
Minor Amendment 6 - Proposed by Bowman 
Purpose: Raise profile of the five-year goals 
Line 147, page 4. Strike lines 147  152 and insert: 
"A. Achieve the goal to triple the number of WMBE firms that Contract with 
the Port and increase to 15% 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." 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 5 of 9 
Meeting Date: December 19, 2017 

Minor Amendment 7  Felleman 
Purpose: Add Whereas to highlight internal work the Port is undertaking to
improve Diversity and Inclusion for Port employees. 
Line 50, page 2, Insert: 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. 
Minor Amendment 3  Executive Staff 
Line 192, Page 5, Strike lines 192  193 and Insert: 
B.  The Diversity in Contracting Annual Plan shall include: 
Amendments 
Amendment 8  Albro 
Purpose: Conforming Policy Directive to Century Agenda Motion, only needed if
Century Agenda Motion passes. 
Line 149, Page 4, Strike lines 150  152. 
Line 149, Page 4 after "and" Insert: "to achieve the Port's Century Agenda
goals." 
A.  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's
Century Agenda goals. and achieve the goal to triple the number of WMBE
firms that Contract with the Port and increase to 15% the percentage of
dollars spent on WMBE Contracts, within five years of program

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 6 of 9 
Meeting Date: December 19, 2017 
implementation. 

Amendment 9  Proposed by Gregoire and Albro 
Purpose: To require staff to tie outreach to disparity gaps identified by relevant
demographic data and disparity study. 
Line 160, page 4, Insert "and to reduce disparity" to read: 
"C. Improve inclusion and outreach to sustain and improve WMBE 
participation and to reduce disparity in Port contracting;" and 
Line 196, page 5, Insert "and to reduce disparity" to read: 
"(1) Specific measures the Contract awarding authority will undertake to 
increase the utilization of Women and Minority Businesses and to 
reduce disparity in Port contracting." and 
Line 208, page 5, Insert "and to reduce disparity" to read: 
"C. Improve inclusion and outreach to sustain and improve WMBE
participation and to reduce disparity in Port contracting;" and 
Line 308, page 8, Insert "and to reduce disparities" to read: 
"(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." 
Amendment 10  Proposed by Bowman 
Purpose: To increase certification through partnerships with government
entities 
Line 229, Page 6, Insert: 
"(5) Cooperate and establish formal and/or informal partnerships and

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 7 of 9 
Meeting Date: December 19, 2017 
mutual cooperation with the Office of Minority and Women's Business
Enterprise and other public agencies to increase WMBE certification;" 
Amendment 11  Proposed by Albro
Purpose: To create a process linked to goals for increasing certified firms
contracting with the Port. 
Line 298, Section F., Page 7, Insert: 
"(3) The Port shall only count a self-identified WMBE towards achieving
Port-wide goals for the first year of any contract received by a WMBE, 
except in the case that a firm cannot be certified because of citizenship
status." 
Amendment 12  Proposed by Albro
Purpose: Require that only WMBE's certified by the State of Washington Office
of Women and Minority Business Enterprise can be counted towards Port-wide
goals. 
Line 131, Page 4, Strike "self-reported and/or" to read: 
"Relevant demographic data" is defined as characteristic information related to a
business owner's sex/gender, race, ethnicity or veteran status as self-reported
and/or certified by another government entity." and 
Line 150, Page 4, Insert "certified" before WMBE; and 
Line 151, Page 4, Insert "certified" before WMBE; to read: 
"A. 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 achieve the goal to 
triple the number of certified WMBE firms that Contract with the Port 
and increase to 15% the percentage of dollars spent on certified WMBE 
Contracts, within five years of program implementation." and 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 6c                        Page 8 of 9 
Meeting Date: December 19, 2017 

Line 196, page 5, Insert "certified" before Women to read: 
"(1) Specific measures the Contract awarding authority will undertake to
increase the utilization of certified Women and Minority Businesses."
and 
Line 198, page 5, Insert "certified" before WMBE, to read: 
"(1) Specific goals by Division for certified WMBE utilization:" 
Amendment 13  Proposed by Bowman and Gregoire 
Purpose: Clarify how data will be disaggregated. Reccomendation is to use
disaggregation reflected in Port disparity study, which is based on Federal
Disadvantaged Business Enterprise standards. Also clarifies that Port is
collecting data with end goal of eliminating disparity. Adds attachment to policy
with sample of how Port could display disaggregated data. 
Strike Lines 130 to 132 Page 4, and Insert: 
"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" and 
Add attachment (A) to Diversity in Contracting Policy Directive 




Template revised September 22, 2016; format updates October 19, 2016.


COMMISSION AGENDA  Action Item No. 6c                        Page 9 of 9 
Meeting Date: December 19, 2017 

Amendment 14  Proposed by Albro 
Purpose: To increase WMBE utilization in Project Labor Agreements by requiring
WMBE utilization as a topic of standard language negotiations. 
Line 298, Section F, page 7, Insert: 
"(3)   As part of the Port of Seattle Standard Language Negotiation the Port
of Seattle staff shall work with Labor to seek input on best practices
for increasing diversity on Port projects covered by the Project Labor
Agreement." 
ATTACHMENTS TO THIS REQUEST 
(1)   First Reading of Resolution No. 3737 
(2)   Attachment A  Sample Data Set 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS [For information and examples, follow this link.] 
December 12, 2017 - Women and Minority Business Enterprise Policy Review 
December 5, 2017 - Women and Minority Business Enterprise Policy Review 
November 28, 2017 Women and Minority Business Enterprise Policy Review 
October 24, 2017 - Women and Minority Business Enterprise Policy Review 
July 12, 2017  Commission Budget Priorities, Building Economic Opportunity in 
Underserved Communities 
March 28, 2017  Small Business Development Update 
March 22, 2016  Small Business Utilization briefing 
December 14, 2014  Disparity Study briefing 
August 19, 2014  Small Business Utilization briefing 
January 26, 2010  Adoption of Resolution No. 3618 concerning small business utilization 





Template revised September 22, 2016; format updates October 19, 2016.

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.