8f memo

COMMISSION 
AGENDA MEMORANDUM                Item No.       8f 
ACTION ITEM                   Date of Meeting     January 9, 2018 
DATE:    January 2, 2017 
TO:     Port of Seattle Commission 
FROM:   Aaron Pritchard, Commission Policy Manager 
SUBJECT: Diversity in Contracting Policy Directive 
ACTION REQUESTED 
Request adoption of Resolution No. 3737, 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. 
EXECUTIVE SUMMARY 
Below are 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 non-
controversial. 
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. 8f                        Page 2 of 7 
Meeting Date: January 9, 2018 

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. 8f                        Page 3 of 7 
Meeting Date: January 9, 2018 

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. 8f                        Page 4 of 7 
Meeting Date: January 9, 2018 
Minor Amendments 
Minor Amendment 5  Proposed by Gregoire 
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 Century Agenda 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. 8f                        Page 5 of 7 
Meeting Date: January 9, 2018 
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 8  Executive Staff 
Line 192, Page 5, Strike lines 192  193 and Insert: 
B.  The Diversity in Contracting Annual Plan shall include: 
Amendments 
Amendment 9  Proposed by Gregoire 
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 

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

COMMISSION AGENDA  Action Item No. 8f                        Page 6 of 7 
Meeting Date: January 9, 2018 

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
mutual cooperation with the Office of Minority and Women's Business
Enterprise and other public agencies to increase WMBE certification;" 
Amendment 11  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. 8f                        Page 7 of 7 
Meeting Date: January 9, 2018 
ATTACHMENTS TO THIS REQUEST 
(1)   Resolution No. 3737, as presented at introduction 
(2)   Attachment A  Sample Data Set 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
December 19, 2017  Diversity in Contracting Policy Review 
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.

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