Resolution No. 3737: Diversity in Contracting
Resolution No. 3737 LDOOVO'U'IAUJNl'l 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. 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 b-bwwwwwwwwwwNNNNNNNNNNI'lllIHHl'l'l'HHl'Otom\lmU'l-hUJNHOLDMNmm-wal-'OLDOONO'IU'l-bWNi-'O 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 ofjustice and equity by providing a level platform to all businesses including women and minority business Enterprise (WMBE) firms to compete and succeed; and 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 |-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 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 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 42 Port of Seattle opportunities has been and continues to be disparately low; and .5 0-) Resolution No. 3737, Diversity in Contracting Policy Directive Page 1 of 8 44 WHEREAS, this policy will strengthen Port of Seattle efforts to eliminate this disparity 45 and result in more equity, diversity, and inclusion for WMBEs 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 values a diverse workforce and has engaged in improving 51 diversity and inclusion focused on race and expects to develop a new equity process tool 52 designed to integrate explicit consideration of racial inequities and identification of 53 interventions for use in policy, program, and budget planning and implementation; and 54 55 WHEREAS, the Port of Seattle is committed to its values of conducting business with the 56 highest ethical standards and our business practices shall reflect integrity, accountability, 57 honesty, fairness and respect at all levels; 58 59 NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows: 60 61 SECTION 1. Resolution 3506 adopted May 27, 2003, is hereby repealed. 62 63 SECTION 2. Transition from Resolution 3618. The Executive Director may continue to operate 64 under Resolution No. 3618, as needed, to allow for transition to Resolution 3737, until 65 September 1, 2018, at which time Resolution No. 3618 will be repealed and replaced with 66 Resolution 3737. 67 68 SECTION 3. The Diversity in Contracting Policy Directive as shown in Exhibit A is hereby 69 established. 70 71 SECTION 4. This policy directive shall be labeled and catalogued as appropriate, together with 72 subsequent policy directives, and shall be made readily available for use by Port staff and 73 members ofthe public as a governance document of the Port of Seattle. 74 75 ADOPTED by the Port Commission of the Port of Seattle at a duly noticed meeting 76 thereof, held this W4" day of :SQNMVS , 2018, and duly authenticated in open session by 77 the signatures of the in favor thereof and the seal of the Commission. 78 Commissionyvot'ng 79 RYAN CALKINS 80 COURTNEY GREGOIR" 81 82 STEPHANIE BOWMAN 83 84 PETER STEINBRUECK 85 86 FRED FELLEMAN 87 88 Resolution No. 3737, Diversity in Contracting Policy Directive Page 2 of 8 89 EXHIBIT A 90 Diversity in Contracting Policy Directive 91 92 SECTION 1. Purpose. 93 94 The Port finds that minority and women businesses are under-represented and have been 95 under-utilized on Port contracts. The purpose of this policy directive is to provide the maximum 96 practicable opportunity for increased participation by minority and women owned and 97 controlled businesses in Port contracting for public works, consulting services, supplies, 98 material, equipment, and other services to create the opportunity to leverage Port spend to 99 increase WMBE utilization. 100 101 SECTION 2. Definitions. 102 103 For the purposes ofthis chapter: 104 105 "Affirmative efforts" means documented reasonable attempts in good faith to contract with 106 women and minority businesses. 107 108 "Availability" or "available" as used in this chapter means a business that is interested in and 109 capable of performing the work within the time frame required and to the quality specified in 110 the solicitation and contract. 111 112 "Capability" or "capable" as used in this section means that a business appears able to perform 113 a commercially useful function in performance of the work. 114 115 "Commercially useful function" means the performance of real and actual services in the 116 discharge of any contractual endeavor. 117 118 "Contract" means an agreement for public works, consulting services, supplies, material, 119 equipment, or other services. 120 121 "Contract awarding authority" means any individual, office, or division that is receiving the 122 benefit of the contract. 123 124 "Contractor" means a business that has a contract with the Port. 125 126 "Division" means any POrt of Seattle organization structure that has a director that reports to 127 the Executive Director. 128 129 "Women or minority business" (WMBE) means a business that is at least 51 percent owned and 130 controlled by women and/or minority (including, but not limited to African Americans, Native 131 Americans, Asians, and Hispanics) group members. 132 Resolution No. 3737, Diversity in Contracting Policy Directive Page 3 of 8 133 "Central database" means an electronic database that collects, aggregates, and tracks monthly 134 Port-wide, division, and department-level utilization of small business, women and minority 135 owned business, and other classifications across various categories and contract types and 136 promotes transparency for the public. 137 138 "Relevant demographic data" is defined as, but not limited to, AsianPacific Americans, Black 139 Americans, Hispanic Americans, Native Americans, Asian, and Women, and other characteristic 140 information related to a business owner's sexual orientation, sex/gender, race, ethnicity, or 141 veteran status as self-reported and/or certified by another government entity, as deemed 142 necessary or relevant to eliminating disparity in Port contracting. 143 144 "Utilization" is defined as both the percent of contracting dollars paid to WMBE firms as well as 145 the number of WM BE firms under contract. 146 147 SECTION 3. Scope and Applicability. 148 149 This policy shall apply to all contracts and other activities at the Port, including construction and 150 consulting contracts, purchased goods, and services. 151 152 SECTION 4. Responsibilities. 153 154 The Executive Director shall pursue the Century Agenda goal to increase WMBE utilization in all 155 Port contracts and shall: 156 157 A. Achieve the Century Agenda goal to triple the number of WMBE firms that contract with the 158 Port and increase to 15 percent the percentage of dollars spent on WMBE contracts, within 159 five years of the Diversity in Contracting Program implementation; 160 161 B. Within 120 days of passage of this policy directive, develop 3 Diversity in Contracting 162 Program that identifies affirmative efforts to afford women and minority businesses the 163 maximum practicable opportunity to meaningfully participate on Port contracts and to 164 achieve the Port-wide goals; 165 166 C. Incorporate these WMBE goals into the Port's Long Range Plan to the fullest extent 167 reasonable, including incorporation into Long Range Plan scorecards, reports, and Long 168 Range Plan updates. Further, the Executive Director shallgprepare and publish an annual 169 report each year titled Diversity in Contracting Annual Report; 170 171 D. Improve inclusion and outreach to sustain and improve WMBE participation and to reduce 172 disparity in Port contracting; 173 174 E. Take affirmative efforts to assure equality of contracting opportunity through the 175 development and application of Inclusion Plans or other tools as necessary; and 176 Resolution No. 3737, Diversity in Contracting Policy Directive Page 4 of 8 177 F. Expand opportunities for WMBE firms across Port functions, wherever practicable. 178 179 SECTION 5. Policy. 180 181 A. The Diversity in Contracting Program shall include: 182 183 (1) Responsibilities, policies, practices, and processes that can change the Port procurement 184 and contracting processes and provide a more receptive environment for the utilization 185 of WMBE rms, and to ensure that businesses and contractors of all tiers working on 186 Port contracts and subcontracts utilize WMBE firms, wherever feasible or as required. 187 188 (2) Development of a standard procedure for the Port-wide WMBE goal setting, and 189 collection and reporting of relevant demographic data to be stored in a central 190 database. 191 192 (3) Identify categories of contracts that will require WMBE inclusion plans and other tools 193 that will be applied to other categories of contracts Port-wide. 194 195 (4) Clear lines of responsibility and accountability for implementation of the WMBE 196 program and a designated WMBE liaison for each division. 197 198 (5) Make WMBE goal setting and affirmative implementation efforts part of the annual 199 performance evaluation for each Port division director and their staff and require 200 standardized WMBE program training, implementation, and coordination for all division 201 leaders and their WMBE representatives. 202 203 B. The Diversity in Contracting Annual Plan shall include: 204 205 (1) Specific measures the contract-awarding authority will undertake to increase the 206 utilization of WMBEs and to reduce disparity in Port contracting; and 207 208 (2) Specific goals by division for WMBE utilization: 209 210 (a) Each Port division will review future procurements to identify available firms on 211 upcoming contracts to create a utilization goal that is justifiable, bold, and 212 challenging. 213 214 (b) Construction goals, other than small works, based on historic utilization plus two 215 percent, until such time that a disparity study or other valid internal data can 216 demonstrate a reasonable level of utilization. 217 218 C. To improve inclusion and outreach to sustain and improve WMBE participation and to 219 reduce disparity in Port contracting, the Port shall: 220 Resolution No. 3737, Diversity in Contracting Policy Directive Page 5 of 8 221 (1) Support training and assistance to Port staff to increase participation in outreach and to 222 learn about the internal and external resources available to include WMBE firms in their 223 procurement and contracting; 224 225 (2) Improve and expand technical assistance, including WMBE certification, business 226 development, training, and mentoring programs for WMBE firms to enhance bidding 227 expertise and promote greater coordination with advocacy organizations, businesses, 228 individuals, and public agencies and other Port departments; 229 230 (3) Create opportunities for members of the contracting and vendor community, Port, and 231 other stakeholders to work collaboratively on recommendations for how the Port can 232 more effectively use the directives in this policy directive; 233 234 (4) Assist contractors desiring to bid on Port covered contracts to comply with the 235 affirmative efforts provisions for such contract, and offer information as to 236 organizations and agencies available to assist such contractor in recruiting, mentoring, 237 training, or otherwise preparing potential subcontractors; and 238 239 (5) Cooperate and establish formal and/or informal partnerships and mutual cooperation 240 with the Office of Minority and Women's Business Enterprises and other public agencies 241 to carry out the purposes of this policy directive, as needed. 242 243 D. Affirmative efforts to assure equality of contracting opportunity required: 244 245 (1) Develop procurement tools, such as WMBE inclusion plans, and require bidders and 246 proposers to comply with the WMBE solicitation requirement in order to sustain and 247 improve participation of WMBE in Port covered contracts; 248 249 (2) Prepare and require that Port covered contracts include specifications pertaining to 250 equal opportunity affirmative efforts to assure equality in contracting opportunity, and 251 goals for subcontracting to women and minority businesses. Any goals established 252 under this chapter shall be reasonably achievable; however, no utilization requirements 253 shall be a condition of contracting, except as may be allowed by RCW 49.60.400; 254 255 (3) Identify and implement a Port-wide method to regularly monitor and measure the Port 256 WMBE program and attainment of the goals by contractors; 257 258 (4) May establish aspirational goals for the participation of women and minority businesses 259 in a particular Port contract on a case-by-case basis; 260 261 (5) Work closely with other divisions and departments to ensure all policies, practices, and 262 processes are consistent and complementary and make it easier for WMBE firms to 263 pursue Port contracts; 264 Resolution No. 3737, Diversity in Contracting Policy Directive Page 6 of8 265 (6) Define, implement, and monitor appropriate processes and procedures to ensure 266 prompt payments and change order processing to address timely payment of 267 contractors, suppliers, and subcontractors at all tiers. Review and recommend potential 268 for including prompt pay in performance goals. 269 270 E. Affirmative efforts in subcontracting: 271 272 (1) All contractors, including WMBE firms, shall actively solicit bids for subcontracts to 273 qualified, available, and capable WMBE to perform commercially useful functions; 274 275 (2) Contractors shall consider the grant of subcontracts to women and minority bidders on 276 the basis of substantially equal proposals in the light most favorable to women and 277 minority businesses; 278 279 (3) At the request of the relevant Port department, when inclusion plans are required, 280 contractors shall furnish evidence of the contractor's compliance with these 281 requirements of women and minority solicitation and will submit evidence of 282 compliance with this section as part of any bid. Contractors shall provide records 283 necessary to document afrmative efforts to subcontract with women and minority 284 businesses on Port contracts; 285 286 (4) Compliance with all requirements and past performance under this policy directive may 287 be included in the evaluation of future procurements; and 288 289 (5) In applying the provisions of this Policy Directive to contracts funded in whole or in part 290 with federal funds and subject to 49 CFR Part 23, Subpart D, regarding Airport 291 Concessions Disadvantaged Business Enterprises (ACDBE) or 49 CFR 26, Subpart C, 292 regarding Disadvantaged Business Enterprises (DBE), references to Women and Minority 293 Businesses shall also include federally recognized ACDBEs or DBEs. In the event of a 294 conflict between the provisions of this chapter, or the rules implementing this policy 295 directive, and the requirements of 49 CFR 26, Subpart C, or 49 CFR Part 23, Subpart D, or 296 any other superseding applicable federal statute or regulation, the provisions of the 297 federal statute or regulation shall control. 298 299 F. Expanding Opportunity. 300 301 (1) The Port shall review and recommend how to expand opportunities for WMBE firms in 302 other Port enterprise opportunities, for example real estate leases, to encourage and 303 promote access to Port facilities by September 1, 2018. 304 305 (2) The Port shall develop a baseline utilization number for veteran owned businesses and 306 propose a reasonable Port-wide goal and division goals to the Commission for inclusion 307 in the Century Agenda by September 1, 2019. 308 Resolution No. 3737, Diversity in Contracting Policy Directive Page 7 of 8 309 SECTION 6. Program Evaluation. 310 311 A. Benchmarks and metrics to evaluate the Diversity in Contracting Program shall include: 312 313 (1) Incorporation of these WMBE goals into the Port's Long Range Plan to the fullest extent 314 reasonable, including incorporation into Long Range Plan scorecards, reports, and Long 315 Range Plan updates. 316 317 (2) Specific measures the contract awarding authority will undertake to increase the 318 participation of women and minority businesses and to reduce disparities, including the 319 number of events or outreach activities conducted to ensure responsiveness to bid 320 opportunities. 321 322 (3) Progress towards specific division WMBE utilization goals, including the number of 323 opportunities a division has available, the goals established for those opportunities and 324 the actual utilization, including periodic review of disparity study results to determine 325 reasonableness of goals. 326 327 (4) Data reporting using the standard procedure identified in the WMBE program for the 328 Port-wide collection and reporting of relevant demographic data including percent of 329 spend, number of businesses, and type of procurements. 330 331 (5) Preparation and publication of an annual report titled Diversity in Contracting Annual 332 Report. 333 334 B. The Internal Audit Director shall include the Diversity in Contracting Program in Internal 335 Audit Department's 2019 work plan to determine adherence to this policy and include in 336 future years as the Commission Audit Committee deems appropriate. 337 338 SECTION 7. Fiscal Implications. 339 340 Fiscal implications shall be reviewed by the Executive Director annually, at a minimum, to ensure 341 the implementation of the policy directive is adequately resourced and shall submit a budget 342 request as appropriate. Resolution No. 3737, Diversity in Contracting Policy Directive Page 8 of 8 Diversity in Contracting Sample Disaggregated Data Dashboard Race Black Hispanic Native Asian Pacic Caucasian Other Not Total American American American American Known Number of Firms o Minority Certified 0 Women & Minority Certified 0 Women Certified 0 Veteran certified Total Certified (non-duplicated) o Minority Self-Identified 0 Women & Minority Self-Identified 0 Women Certified Self-Identified : Total Self Identified (non-duplicated) Amount and Percent of Spend o Minority Certified 0 Women & Minority Certified 0 Women Certified 0 Veteran Certied Total Certified (non-duplicated) - Minority Self-Identified 0 Women & Minority Self-Identified 0 Women Self-Identified Total Self-Identied (non-duplicated) DBE (All Certified) Minority and Non-Minority Number of Firms Amount & Percent of Federal Spend Amount & Percent of Non-Federal Spend Amount & Percent of Total Spend ,.
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