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Seattle that Resolution Nos. 2818 and 2821 are repealed; and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.