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ORDINANCE NO. 4 ? 2 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING REIMBURSEMENT OF FUNDS IN THE AMOUNT
FIFTEEN THOUSAND TWO HUNDRED FIVE AND 00/100 DOLLARS,
($15,205), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH KING COUNTY TO ACCEPT THE REIMBURSEMENT OF
FUNDS TO BE USED TO PROVIDE WASTE REDUCTION AND RECYCLING
PROGRAMS AND/OR SERVICES TO THE CITY'S BUSINESSES.
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
WHEREAS, the King County Solid Waste Division has
established the City Optional Program (COP); and
WHEREAS, the COP funds projects that enable citizens to
recycle materials not included in curbside collection programs
and provides funds for cities to establish and maintain
business recycling programs and services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
'WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant.to Chapter 35A.33 RCW, the City
hereby approves the expenditure and appropriatien of a total
amount of FIFTEEN THOUSAND TWO HUNDRED FIVE DOLLARS ($15,205)
which constitutes reimbursement of funds to be used to provide
waste reduction and recycling programs and/or services to the
city's businesses in accordance with the Solid Waste
Management Plan for King County and the City of Auburn.
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute Agreement No. D-121495D with
Ordinance No. 4727
February 15, 1995
Page 1
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King County for the reimbursement of said funds.
said Agreement is attached hereto and designated
and is incorporated by reference herein.
Section 3. The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
A copy of
Exhibit "A"
implement
to carry
section 4. This Ordinance shall take effect and be in
force five (5) days from and after
publication, as provided by law.
ATTEST:
its passage, approval and
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
Michael J. Riyn~o ds,
Acting City Attorney
Published:
Ordinance No. 4727
February 15, 1995
Page 2
ORIGINAL
INTERLOCAL AGREEMENT
Between
KING COUNTY and the CITY OF AUBURN
This Interlocal Agreement (hereinai~er referred to as the Agreement) is executed b,~ween King
County, a political subdivision of the State of Washington, and the City of Auburn, a municipal
corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively.
This Agreement has been authorized by the legislative body of each party as desigrmted below:
King County MotionNo. 8857
City Ordinance No. 4727
PREAMBLE
King County and the City of Auburn have adopted the King County Comprehensive Solid Waste
Management Plan which includes a 50 percent waste reduction goal by the year 1995. In order to
help meet this goal, the King County Solid Waste Division has established the City Optional Program
(COP). The COP funds projects that enable citizens to recycle materials not includ,~ in curbside
collection programs and provides funds for cities to establish and maintain business recycling
programs and services.
L PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to
the City of Auburn from the County for the operation ora business recycling program.
IL RESPONSIBILITIES OF THE PARTIES
The responsibilities of the parties to this Agreement shall be as follows:
The Ci_ty
C~neral Provisions
Funds provided to the City by the County pursuant to this Agreement shall be used to
provide waste reduction and recycling programs and/or services to the City's businesses as
outlined in the scope of work and budget attached hereto as Exhibit A.
If the City requests reimbursement by the County for activities performed by a subcontractor,
the City shall require that the subcontractor comply with the minority and women's business
utiliT:ation provisions of King County Code Chapter 4.18, attached hereto as Exhibit B.
During the pcrformancc of thi~.i, gt'~, h6ith~ffthc City nor any parly subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or il.~ the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
During the performance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall engage in unfair employment practiices as defined by King
County Code, Chapter 12.18.
5. The projects shall be administered by $ohn Giordanengo, Recycling Specialist, City of Auburn, or
designee.
The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sidesl of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
The City shall maintain accounts of the direct and indirect costs of the business recycling program
and shall maintain accounts of the data used for evaluation of the program pursuant to Section
H.A. 10 of this Agreement for a period of at least six years. These accounts shall be subject to
inspection, review or audit by the County and/or by federal or state officials so authorized by law.
The City agrees to credit King County on all printed materials provided by the County which the
City is duplicating for distribution. Either King County's name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
ICing County for artwork or text provided by the County as follows: "artwork provided courtesy
ofliing County Solid Waste Division" and/or "text provided courtesy of'King County Solid
Waste Division".
The City agrees to submit to the County copies of all written materials which k produces and/or
duplicates for the business recycling program. Upon request, the City ali;rees to provide the
County with a reproducible copy of any such written materials and anthorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the piece.
Business Recvclin~ Pro_m-am Provi~i~n~
10.
For the business recycling program, the City will submit to the County quarterly reports which
include: a) a description of each activity accomplished in the previous qu:~u'ter related to the scope
of work; b) reimbursement requests with copies of invoices and statements for each expenditure
for which reimbursement is requested. These reports and reimbursement requests shall be
submitted to the County on the following schedule: (1) the first quarter report and reimbursement
request is due by May 1, 1995; (2) the second quarter report and reimbursement request is due by
August 1, 1995; (3) the third quarter report and reimbursement request is due by November l,
· 1995; and (4) the final reimbursement request is due by ~Ianuary 15, 1996.
2
Final reports which evaluate the effectiveness of the City's business recycling program according
to the evaluation methods specified in the scope of work are due within six months of completion
of the program activity but no later than June 30, 1996.
The County will not authorize payment(s) based upon activities and/or expenditures which were
not included in the scope of work and budget attached as Exhibit A urdess the scope has been
amended according to Section V of this Agreement. King County retains the right to withhold all
or partial payment if the City's quarterly report(s) and reimbursement re~tuest(s) are incomplete
(i.e., do not include proper documentation of expenditures and/or adequate description of each
activity described in the scope of work for which reimbursement is being requested), and/or are
not consistent with the scope of work and budget attached as Exhibit A.
11.
The City agrees: a) to promote business recycling services; b) to provide assistance to businesses
within its City limits to establish and expand their recycling, waste prevention, and buy recycled
programs es described in Exhibit A; and c) to work towards minimum service levels for urban
areas as defined in the 1992 King County Comprehensive Solid Waste Management Plan on pages
III..41 and 42.
12.
The City will cooperate with the County to coordinate its efforts with County programs. To
facilitate cooperation, meetings will be scheduled between the County, the City, and other cities
which are participating in the business recycling COP. The County will coordinate the first
meeting in 1995; cities participating in the business recycling COP will be given an opportunity to
coordinate other meetings in 1995. The meetings will be held to share information about business
recycling programs, to coordinate assistance and programs, and to plan fbr 1996.
B. County: The responsibilities of the County pursuant to this Agreement are as follows:
Genend Provisions
Within 30 days of receiving a request for reimbursement from the City, the County shall either
notify the City of any exceptions to the request which have been identified or shall process the
request for payment. If any exceptions to the request are made, this shall be done by written
notification to the City providing the reason for such exception.
Funding for Business Recycling Programs is allocated on thc number of employees within each
city. The level of funding is determined annually through the King County Budget, as determined
by the Metropolitan King County Council. Funding is contingent on the availability of funds and
approval by the County. The City of Auburn's budgeted allocation for business recycling in 1995
is $15,205. Total budgeted funding under this Agreement is $15,205.
The County agrees to credit thc City on all printed materials provided by the City to the County
which the County duplicates for distribution. Either the City's name and logo will appear on such
materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the
City for artwork or text provided by the City as follows: "artwork provided courtesy of the City
of Auburn" and/or "text provided courtesy of the City o£Auburn".
3
The County retains the right to share the written material(s) produced by the City with other King
County cities for them to duplicate and distribute. In so doing, the County will encourage other
cities to credit the City on any pieces which were produced by the City.
Business Recycling Pro~ram Provisions
5. The Business Recycling Program shall be administered by Dale Alekel, Program Analyst, or
designee(s) specified by the King County Solid Waste Division.
The County will not provide technical assistance services to individual businesses within the
corporate limits of the City unless such assistance is an integral part of the County's targeted
industry program and unless such assistance is undertaken in cooperation with the City. ffthe
City Wishes to participate in a County sponsored technical assistance prolp'mn, the City shall pay
the County for participation according to its proportional share of the cost of the program based
on the City's employment levels. The City shall be eligible for any regional business services
offered by the County that are outside the category of technical assistance. Such regional services
are identified in Exhibit C.
The County will share the results of previous business audits and/or follow up surveys conducted
within the City limits (and any printed materials such as case studies that 'the City wishes to use in
its own programs). The County will provide information about existing Green Works members
located within the City limits and will assist the City in signing up new rm~'mbers. The County will
also provide its quarterly newsletter production schedule to the City in the event that the City
wishes to publish a quarterly insert for distribution to the businesses in the City.
The County will cooperate with the City to coordinate its efforts with City' programs. To facilitate
this cooperation, meetings will be scheduled between the County, the City, and other cities which
are participating in the business recycling COP. The County will coordinate the first meeting in
1995; cities participating in the business recycling COP will be given an opportunity to coordinate
other meetings in 1995. The meetings will be held to share information ~/bout business recycling
programs, to coordinate assistance and programs, and to plan for 1996.
lq/. DURATION OF AGREEMENT
This Agreement shall become effective on lanuary 1, 1995 and shall terminate on December 31, 1995.
IV. TERMINATION.
A. This contract may be terminated by the County without cause, in whole or ha part, prior to the date
specified in Section IH above, upon providing the City ten (10) days advance written notice of the
termination.
B. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination
date set forth above in Section IH or in any amendment hereto, the County inay, upon written notice
to the City, terminate this contract in whole or in part.
If the contract is terminated as provided in this subsection: (1) the County will be liable only for
payment in accordance with the terms of this contract for services rendered prior to the effective
date oftermlnation; and (2) the City shall be released bom any obligation to provide further services
pursuant to this contract.
Nothing herein shall limit, waive, or exqinguish any right or remedy provided by this contract or law
that either party may have in the event that the obligations, terms and conditions set forth in this
contract are breached by the other party.
V. AMENDMENTS / OTHKR APPROVED CHANGES
This Agreement may be amended only by written agreement of both parties. Funds may be moved
between tasks in the scope of work attached as Exhibit A only upon prior written or verbal request and
prior written or verbal approval by King County. Such requests will only be approved if the proposed
change(s) is (are) consistent with and/or achieve(s) the goals stated in the scope .and fail(s) within the
activities described in the scope.
VI. HOLD HARMLF~SS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its o~ficers, agents, and employees
from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the
City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense
any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever
(hereinafter "claims") brought against the County arising out of or incident lto its execution of,
performance of or failure to perform this Agreement. Claims shall include but not be limited to
assertions that the use or transfer of any sof~ware, book, document, report, film, tape, or sound
reproduction or material or any kind, delivered hereunder, constitutes an inl~ingement of any
copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.
The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to pers~;~ns or damages to
property which may arise bom or in connection with performance of wo~r~pursuant to this
Agreement by the City, its agents, representatives, employees, and/or.f~,~l~i,/ontractors. The minimum
limits of this insurance shall be $1,000,000 general liability inso~_an~l~ combined single limit per
occurrence for bodily injury, personal injury, and pro~,~l~e. Any deductible or self-insured
retentions shall be the sole responsibility of the City. 'fl:C~ihg'f?rance shall cover the County, its ~
off~cers, officials, employees, and agents as additional insureds against liability arising out of
activities performed by or on behaif of the City pursuant to this Agreement.
5
Acting
IN WITNESS WHEREOF this Agreement has been executed by each party on t~e date set forth below:
City King County
CHARLES A. BOOTH, MAYOR
(Title)2
Date
King County Executive
Date
Pursuantto Ordinance No. 4727
Clerk Attest
Pursuant to Motion No. 8857
Director, Public Works Depzctment - Attest
Ai~oved as to form and legality
City Attorney
Date
Approved as to form
King County l%~ect~ting Attorney "
Date ~/fff//~'
EXHIBIT "A"
1995
CITY OPTIONAL PROGRAM
BUSINESS RECYCLING PROGRAMS
PROJECT TITLE: Commercial Waste Prevention and Recycling
PROJECT MANAGER:
John Giordanengo,
City of Auburn
1305 C ST SW
Auburn WA 98002
Recycling Specialist
PROJECT ACTIVITIES ~ND SCHEDULE
Note: Auburn's Recycling Technical Assistant, under the direction of the
project manager, wil~ be responsible for developing and implementing the
majority of the grant activities. The Recycling Technical .Assistant
position is fully funded by the City of Auburn.
Industry-Specific Fact Sheets
Intended Result/Purpose: To educate businesses on the importance and
benefits of waste prevention and recycling and to show how waste prevention
and recycling can enhance their bottom line while helping to protect the
environment. A long-term goal of this activity is to increase waste
prevention and recycling activities among Auburn businesses.
Aativity: Waste prevention and recycling educational fact sheets will be
developed to address the specific needs of the following industries:
Industrial/Manufacturing, Retail/Wholesale, Office and Medical/Clinical.
The information used for these fact sheets will be a compilation of King
County and other Suburban City fact sheets but will contain the city of
Auburn Business Recycling Logo and other information specific to the city
of Auburn. King County's "Recipes to Prevent Waste in the Restaurant"
guide will be made available to Auburn restaurants, taverns and other food
and beverage establishments free of charge. The City of Auburn will budget
for 30 copies of the restaurant guide.
P~inted M&te~ials: The fact sheets will be tailored in-house to include
information specific to Auburn. Credit will be given to King County or the
appropriate Suburban City who's fact sheets we have drawn upon. They will
be mailed to businesses upon request and will be distributed by Auburn's
Recycling Technical Assistant or RST Disposal's Sales Representative while
servicing accounts and providing technical assistance. RST Disposal
Company, Inc. is Auburn's contracted hauler.
Sahedule of Completions Fact sheets will be developed and printed in the
first quarter of 1995. Ten Copies of King County's "Recipes to Prevent
Waste in the Restaurant" guide will be ordered in the first quarter of
1995. Additional copies of the restaurant guide will be ordered as needed.
The fact sheets will be distributed in the second, third and fourth
quarters of 1995.
Effectiveness; The effectiveness of this activity will be ascertained by
monitoring the number of inquiries received in response to the distributed
materials. If time permits, follow-up telephone calls and subsequent site
visits will be made to determine the number of businesses which have begun
to participate in waste prevention and recycling activities as a result of
the distribution of the fact sheets. In addition, increases and decreases
in commercial garbage and recycling tonnages will be monitored by reviewing
monthly reports submitted by the city's contracted hauler.
Local Recycled Product Guide and Clean Washington Center Recycled Product
Directory
Intended Result/Purpose: To stimulate demand for local and regional
recycled products and to educate businesses on the importance of buying
recycled products. An additional purpose of this activity is to raise
awareness of the availability and acceptable q~ality of recycled products.
A~tivity~ To develop a local recycled products guide for use by Auburn
businesses. If practical, a joint effort may take place between the City
of Auburn and Federal Way to develop a South King County Recycled Product
Guide. The Clean Washington Center Recycled Product Directory will be
duplicated and made available for larger businesses who exq)ress a need for
a more comprehensive directory.
Printed Ma~eri&ls~ A cooperative effort may take place between Auburn and
Federal Way to reprint the Clean Washington Center Recycled Product
Directory. If a cooperative effort does not take place, the City of Auburn
will reprint the Clean Washington Center Recycled Product Directory. Data
for the LOcal Recycled Product Guide will be obtained in-house via
telephone calls to local vendors. The Local Recycled Product Guide will
contain, in part, information obtained from the joint recycled product
guide developed by the cities of Bellevue and Redmond.
The availability of the Local Recycled Product Guide will be promoted via
Auburn's Business Recycling Newsletter, through advertisements in the
Auburn Business Connection and other local newspapers, and while providing
on-site technical assistance to businesses. The Clean Washington Center
Recycled Product Directory and Local Recycled Product Guide will be mailed
to businesses upon request or hand delivered while providing on-site
technical assistance and while servicing accounts.
Schedule of Completion~ The Clean Washington Center Recycled Product
Directory will be printed during the first quarter of 1995. Development of
the Local Recycled Product Guide will also be~in at this time. The Local
Recycled Product Guide will be printed during'the second quarter of 1995.
The Local Recycled Product Guide and Clean Washington Center Recycled
Product Directory will be promoted via Auburn's Business Recycling
Newsletter during the third and fourth quarters of 1995. They will also be
promoted through advertisements in the Auburn Business Connection and local
newspapers during the second, third and fourth quarters of 1995. Promotion
of the Local Recycled Product Guide and Clean Washington Center Recycled
Product Directory will occur on an Ongoing basis through both on-site
technical assistance and while servicing accounts. Pending available
funding, Auburn will promote the Local Recycled Product Guide and Clean
Washington Center Recycled Product Directory through additional
advertisements in 1996.
Effsctiveness~ The effectiveness of the Local Recycled Product Guide will
be gauged by monitoring the sales of recycled products via 'telephone
conversations with shop managers/owners listed in the Local Recycled
Product Guide. The number of requests for the Local Recycled Product Guide
along with telephone inquiries received by Auburn's Solid Waste Staff in
response to the Local Recycled Product Guide will also be monitored. If
time permits, telephone calls will be made to businesses which have
received the Local Recycled Product Guide to obtain information on their
usage of recycled products.
Advertisina for Auburn's Business Recvclina Pro,ram
Activity: Auburn plans to run advertisements in the Auburn Business
Connection and local newspapers in order to promote its Business Recycling
Program. The advertisements will include available educational materials,
a listing of businesses currently recycling in Auburn and information
regarding King County's Green Works Program. Auburn businesses which are
Green Works members will be highlighted in these advertisements. To
further promote Auburn's Business Recycling Program, a joint King County-
Auburn-Federal Way Yellow Pages advertisement will be developed in 1995.
Intended Result/Purpose: The intended results/purposes of this activity
are to (a) stimulate interest in Auburn's Business Recycling Program, (b)
motivate businesses to participate in waste prevention and recycling
activities, (c) promote the availability of recycling and waste prevention
educational materials, (d) show businesses that recycling and waste
prevention makes good business sense and (e) make businesses aware that
waste prevention and recycling technical assistance is available at no
additional cost.
Printed Materials: The text and layout for these advertisements will be
developed in-house. Precautions will be taken to ensure the content of
these advertisements does not confuse Auburn's Business Recycling Program
with King County's Green Works Program. The format for the advertisements
will be reviewed by King County, Solid Waste Division.
Schedule of Completion: The format of the advertisements will be drafted
during the first quarter of 1995. Five to seven advertisements will be run
in the second, third and fourth quarters of 1995.
Effectiveness: The effectiveness of this activity will be determined by
monitoring the quantity of requests received for recycling technical
assistance and educational materials in response to the advertisements.
Auburn will also monitor the number of new Green Works members as well as
the number of Auburn "Businesses in the Green" which have become
"Distinguished Businesses in the Green".
Promotional Coffee Mu~s for Auburn's Business Recvclin~ Pro,ram
Activity: To distribute coffee mugs to businesses who have signed up for
commingled recycling service. Coffee mugs will only be given to the office
staff of a business and will include a general office waste prevention tip
sheet. A maximum of five coffee mugs will be available for any one
business.
Intended Result/Purpose: The primary purpose of this activity is to
provide businesses who are recycling with a promotional item that will
remind them to Reduce, Reuse and Recycle in their office. In addition, the
coffee mugs are intended to encourage businesses to begin practicing waste
prevention in their office. The general office waste prevention tip sheet
will also show employees easy ways to practice waste prevention. Finally,
the mug will contain important telephone numbers employees can call for
additional recycling and waste prevention information.
Printed Materiels: The text and graphics for the coffee mugs will be
developed in-house. The coffee mugs will be ordered from a local vendor if
possible. The general office waste prevention tip sheet will be developed
in-house.
Schedule of Completion= The text and graphics for the coffee bugs will be
developed in the first quarter of 1995. The coffee mugs Will be ordered in
the second quarter of 1995. Distribution of the coffee mugs will occur in
the third and fourth quarters of 1995.
Effectiveness~ The effectiveness of this activity will be determined by
tracking favorable and unfavorable acceptance of the coffee mugs. As
mentioned above, we will conduct follow-up telephone calls, if time
permits, to businesses which have received industry-specific fact sheets.
During these follow-up telephone calls we will ask if the coffee mugs are
being used.
Business Newsletter
Intem~e~ Reeult/Purpose, The business newsletter is intended to generate
interest in Auburn's Business Recycling Program, available educational
materials and free recycling technical assistance. In addition, the
newsletter will aim to educate Auburn businesses about the benefits of
participating in waste prevention and recycling activities.
Aotivity~ Develop a newsletter for Auburn businesses to be inserted in
King County's "Recycling Works" newsletter on a quarterly basis.
Printed Materials: The business newsletter will be developed in-house.
The newsletter will be distributed by King County to all Auburn businesses
which currently receive King County's "Recycling Works" newsletter and will
be made available to businesses at the Auburn Chamber of Commerce and
Auburn City Hall.
Sche4ule of completion~ The format for this newsletter will be developed
in the first quarter of 1995. Text and available graphics will be inserted
into the established format on a quarterly basis and delivered to King
County prior to their deadline for receiving this information. Auburn's
business newsletter will appear in the "Recycling Works" second, third and
fourth quarter issues of 1995. Distribution of Auburn's business
newsletter will continue throughout 1996 pending available funding.
Bffectiveness~ The effectiveness of this activity will be established by
monitoring the telephone calls received from businesses in response to
Auburn's business newsletter.
PROJECT BUDQET
Note: No portion of our 1995 City Optional Program Grant funding will be
u~ed for ~taff ~alaries or benefits. Auburn's Recycling Technical
Assistant position is fully funded by the City of Auburn.
SOLID WASTE
OUANTITY STAFF PRODUCTION TOTAL
1,200 N/A $800.00 $800.00
ITEM
Fact Sheets
Restaurant
Guide 30
Local Recycled
Products Guide 1,100
Clean Wash. Ctr.
Directory 75
Newsletter 3,300
Advertising
Yellow Pages Ad
Coffee Mugs
Total
TOTAL BUDGET REQUEST =
PROGRAM REPORTING
N/A 200.00 200.00
N/A 400.00 400.00
N/A 310.00 310.00
N/A 1,700.00 1,700.00
N/A 9,149.00 9,149.00
N/A 396.00 396.00
N/A 2,250.00 2,250.00
N/A $15,205.00 $15,205.00
$15,205.00
The City of Auburn agrees to submit quarterly progress reports to King
County, Solid Waste Division according to the County's grant guidelines.
4.18 ~X~T~T REVENUE AND FINANCI~.L RE=ULATION
4.18.005
4.18.010
4.18.020
4.18.030
~ap~er 4.18
MINOKI~"f ~ web's BUSINESS E~F~E]~PRISES
Findings.
Defini=ions.
Powers and duties.
Utiliza=ion goals.
4.18.040 Accomplishment of u=iliza=ion goals.
4.18.050 Utiliza=ion rec/uiremen=s, general.
4.18.060 Utilization requirements, specific.
4.18.070 Waivers.
4.18.080 Mon£=or£ng, reporting, and enforcement.
(King County 12-92) 145
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.005 - 4.18.010
4.18.007
4.18.090
4.18.095
4.18.100
4.18.105
4.18.110
4.18.115
4.18.120
4.18.130
Purpose.
Annual report required.
Studies and reco~ndations graduating firms out of program.
Authorization to implement procedures.
Implementation resources.
Effect of ordinance, statue of solicitations.
Effective date.
Severability.
Study end repot=.
4.18.005 Findings. The county council hereby finds the following facts:
A. In hiring and dealing with contractors and subcontractors of all types,
public and private owners, developers, contreotors, financial inetituti~ and
sureties have discriminated and do discriminate against minority and W~men's
businesses doing business or seeking to do business with King County based on the
race and sex of the owners of these businesses. This discrimination has been
established by public hearings conducted by the county council and other local
jurisdictions and by the studies and reports performed for the county by
consultants. The factual findings of these repot=s, specifically the Perkins
coie study dated January 1990 and the Washing=on Consulting Group study dated
July 9, 1990, are incorporated herein by this reference.
B. But for the provisions of its past and present minority and women's
business enterprise ordinances, King County would have been, and would continue
to be, a passive paz~icipant in the discrimination against these businesses.
C.. The provisions of this chap=er are necessary to remedy the
discrimination against minority and women's businesses and to prevent King County
from financing and participating in this discrimination with its contracting
dollars.
D. The market from which King County draws contractors extends throughout
the State of Washin~on, although the businesses which provide the primary market
for King County are located in the King, Pierce, and Snohomish County area.
E. King County is prohibited by state law from helpin~ minority and women's
businesses overcome the effects of discrimination through financial assistance
or reduction of bonding requirements. While the existence of such alternative
remedies must continue to be explored, no effective alternatives appear to be
presently available.
F. Although a program to provide technical assistance to minority and
women's businesses cannot provide an adequate i~ediate remedy for past
discrimination against such businesses, such a program can assist in a long-term
effort to eliminate the need for the remedies provided by this chapter.
G. The above-referenced consultant studies have produced statistical data
and recommendations for refinements to the King County minority and women's
business program which are reflected in the~ndments set forth in this chapter.
(Ord. 9609 ~ 1, 1990: Ord. 8937 S 1, 1989).
4.18.007 Purpose. The purpose of this chapter is to remedy the effects of
discrimination by increasing the oppor~unitiea for minority and w(xaen's
businesses to provide goods and services to King County by using reasonably
achievable goals. (Ord. 9609 ~ 3 B, 1990)
4.18.010 Definitions. All words shall have their ordinary and usual
meanings except those defined in this section which shall have in addition, the
meaning set forth below. In the event of conflict, the specific definition
spelled out below shall presumptively, but not conclusively prevail.
145-1 (King County 9-90)
4.1~.010 '
REVENUE AND FINANCIAL REGULATION
A. "administrator# shall mean the administrator of the King COunty office
of civil rights and compliance.
B. "Affirmative Action Plan" shall mean the written, formal King County
policy adopted ar~unlly, stating the goals end progr~ of county goveL~t~nt to
be performed in the arnee of contract compliance, equal employment oppoz~cunity
and minority/women's business conCract~ng.
C. "Affirmative Effo~cs# shall mean making v£goroue, documented attempts
in good ~aith to contact and contract with minority/women'e businesses. Where
affirmative efforts are required by, or are grounds for, waiving provisions of
outlined in.accordance with the dictates of this chaucer.
D. "A~chitectur&l and Engineering Contracts' shell mean contracts fo~the
performance of archite~curel and engineering ell'vices by licensed and regli~'ered
firms and persons acting as consultants to King County.
E. "Broker' shall mean a bulinell whlch perChalal gOodl or seniCll from
another bua£nell or bulinellel for ~hi loll purpola of Calais to the county or
a contractor doing hulinlll with the county.
F. "Certification" shall mean the prOCell by which the Office of Minority
and Women's Bulinellll of the State of WalhingCon determines I bulinillmemtl the
criteria for a minority-owned bulinell enterprise, a women-owned bulinlll
enterprise, and/or a combination minority and women's buainesl enterprile ii lit
forth ia WAC chap. 326-02 and WAC chap. 326-20.
G. "Combination Minority and Women Bulineel"meani a bueineel cer~lfied ii
& combination minority and women'e bUlinell enterprlla by the Office of Minority
and Women's Businellel of the State of Wllhing~on which is 50% legitimately owned
and controlled by minority males or minority bulineelee as defined in this
chapter.
H. "Co~merC£ally Useful Function" shall mean the performance of rill and
actual serv£Cll in the dilcbarge of any con~rac~ual endlavor. The contractor
must perform a distinct element of work which the businell hal the skill and
expertise az well al the responsibility of actually performing, managing and
supervising. In determining whe=her a bulineil is performing a coa~mrcially
useful funcC£on, fac=ore, including but not limited to the following, will be
considered=
1. Whether the bulineel hal the skill and exper~ise to perform work for
which £= is being/has been'certified!
2. Whether the bulinell actually perform., manages end eupervilll the
work for which it is being/has been cer~ified~ and
3. Whether the bUlinell purchelll goods Lsd/or servicel from a
non-minority/women'l bueinell enterpr£1eand limply rlealll goods to the county,
county contractor, or other person doing bulinele with the county for the purpose
of allowing those goodl ~o be counted towardl fulfillment of minori~y/women'l
bul£nesl enterprise utilization goals.
I. "Conceleion Contracts" shall mean those contractual arrangements for the
sale of food, beverages and/or items of personal proper~y at any facility ovned
and/or managed by King County.
J. "Conduit" shall means minority/women's bueinlll with which a contractor
has agreed to subcontract, when the minority/women's business does not perform
~he subcontract, and instead the eubcontrac~ Il performed by s
non-m£nority/women'e businele.
K. 'Conlcruc=lon Contracts' shall mean, thole contractual arrangements made
by King Coun=y for ~he conetrucC£on, repair, rehabilitation, alteration,
conversion or ex~eneion of buildings, parks, atreetl or other improvements to
real property.
(King County 9-90)
145-2
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18 · 010
L. "Consultant Contracts" shall mean those contractual arrangements made
for the procurement of exper~personal, professional and/or technical ee~vlcee.
Consultant contracts shall include legal services provided to King County
government, but shall not include architectural and engineering contracts as
defined by this chapter.
M. "Contract Awarding Authority" shall mean any person with the power to
enter into a contractual arrangement binding King County and shall also mean the
particular office, agency or division on whose behalf the contract is entered.
In addition, this term shall include, but shall not be li~ited to heads of county
departments, divisions or offices.
N. "Contractor" shell mean any person, partnership, corporation, or other
type of business entity which has a contract with King County or aervu in a
subcontracting capacity with an entity having a contract with King Count~]~Or the
provision of goods and/or services.
O. "Department" shall refer to any department aa defined by King County
ordinance or other applicable law and shall include all county agencies not
associated, with a department. These agencies shall similarly discharge those
duties this chap=er requires of departments and shall include the King County
prosecuting attorney, the King County assessor, and the King County council.
P. "Director" shall mean the director of the King County department of
executive administration.
Q. "Front" shall mean a business which purports to be a minority/women's
business but which is actually owned and/or controlled in a manner which is
inconsistent with the requirements of certification.
R. "Joint venture" shall mean an association of two or more persons,
partnerships, corporations or any combination of them, established to carry on
a single business activity which is limited in scope or direction. The degree
to which a joint venture may satisfy relevant utilization goals cannot exceed the
proportionate interest of the minority/women's business held aa a member of the
joint venture in the work to be performed. The agreement establishing the joint
venture, partnership or other multi-entity relationship shall be in writing.
Further, minority/women's participation in a joint venture shall be based on the
sharing of real economic interest in the venture and shall include proportionate
control over management, interest in capital acquired by the joint venture, and
interest in earnings.
s. "Legitimately Owned and Controlled" shall mean for the purpose of
determi~ing whether a business is a "minority business" that minorities shall
possess:
1. ~ership of a= least fifty-one percent interest in the businbJa.
unless the minority business qualifies as a corporate sponsored dealership under
the provisions of WAC 326-02-030. The ownership shall be real and continuing,
and shall go beyond the pro forms ownership of the business reflected in the
ownership documents. The minority owner(s) shall enjoy the customary incidents
of ownership and shall share in the risks and profits commensurate with their
ownership interests, aa demonstrated by an examination of the substance, rather
than the form, of arrangements.
2. Control over management, interest in capital, interest in profit or
loss and contributions to capital, equipment and expez~aise on which the claim of
minority-owned status under this chapter is based. The minority owners must
possess and exercise the legal power to direct the management and policies of the
business and to make day-to-day as well as major decisions on matters of
management, policy, and operations. If the owners of the business who ars not
minorities are disproportionately responsible for the operation of the business,
145-3 (King County 12-91)
4.18.010
R~v=NUE AND FINANCIAL REGULATION
then tho business is not controlled byminorities. The bus£.ness ~ust be owned,
controlled, and managed on a day-to-day, full-time basis by the minority
owner(s). The rec~lremlntl of thil lU~llCtion S.2. shall not apply, if the
minority business qualifies os a corporate sponsored dealership under the
provisions of WAC 326-02-030.
3. O~nership and control shall bo measured aa though not subject to the
community prope~y interest of a spouse if boCh spouses ce~cify that=
a. Only one spouse par~icipatae in the management of tho businees~
b. The nonpar~icipating spouse relinquishes control eve= hie/her
community property interest in the subject business.
T. "Minority Business' moons & busineoi certified by the Office of Minority
and Women's Businesses of the state of Welhing~on os a minority ~.~sineos
enter~riso which is legitimately owned and controlled by · minority person or
personl as defined in this seotion and which hal previously sought to do bulinell
in King County. The director is authorized to determine that specific racial
groups hove not been discriminated against in their ownership and/or operation
of por~icular trades or stoas of businesl in King County. The director may
exclude such businesses from consideration ii "minority-businesses' under this
chapter, in connection with contracts involving such trades or areos of businels,
as provided in Section 4.18.080 of this chelM=er.
U. "Minority or Minorities" means a person who is a citizen of the United
Stores and who is · member of one or more of the following historically
disodvontaged racial groups=
1. Black or AfrlcanAmerican~ Having origins in any of the BLack racial
groups of Africa7
2. Hlspanic~ Of Mexicant PueL~co RiCOh, ruben, or Central or South
American culture or origin~
3. AsianAmericen= Hoving origins in any of the original peoples of the
For Bast, Southeast Aais, tho Indian subcontinent, or the Pacific Isl~nds~ or
4. American Indian or Aloskan Native= Having origins in ony of the
originol peoples of North America.
The director shall hove discretion to moke a finol decision as to whether
an individuol is a minority.
V. "Nonprofit Corporation' shall mean & cor~oration organized~ursuant to
R.C.W. Ch. 24.03. in the case of nonprofit cor~orations organized under the laws
of a state other than Washing=on, a nonprofit corporation shall mean one
or~a~llzod for one or more of the purposes set foL~ch in R.C.W. 24.03.015 and
m~eting the definitions in R.C.W. 24.03.005.
W. "Pass-Through' means buying or obtaining goods from a non~"~n's
business, non-minority business or non-combinationwomen/minority business, and
reselling or transferring those goods to the county, county contractors or other
persons doing business with the county for the purpose of obtaining any advantage
or benefit conferred under this chapter, without performing a commercially useful
function.
X. "Percentoge Factor" shall mean the special ranking f&ctors estublished
by this chalice= to be applied in certain competitive bid situations where
~,inority/women's holinesses respond to solicitation or are ~ncludeC al
subcontracts in responding policies' responses to solicitation.
Y. "Purchasing Contracts" shall mean, but not bo limited to, those
cent=sots which ars swarded by the department of executive administration as the
representative of King County, or any contract awarded by King County for the
purchase of tangible goods.
Z. "Responding Potty' shell moan any person, partnership, corps=orion or
business entity which makes · proposal as defined in this chopter in response to
a solicitation os defined in this chapter.
(King County 12-91)
145-4
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18. 010
AA. "Service Contracts" shall mean those c~ntracts for technic&l,
professional or other work performed by a vendor, such as the making of repairs,
servicing, maintenance end/or cleaning, and which does no= involve the provision
of substantial tangible items such as materials, supplies or ec/ui~xnent. For the
purposes of this chapter, the term "service contracts" shall include services
provided to memDers of the public, includingpublic defender services, but shall
not include construction, rental or leasing of equilxaent or the traditional
professional services such as consulting, legal services, feasibility
design studies.
BB. "Set Aside" shall mean that propor~ion of each contra~ which is
designated for participation of minority/women's buainessea es eatabliehed by
this chapter.
CC. "Small Business Concern" means a small business aa defined pursuant to
Section 3 of the federal Small Business Act and relevant regulations promulgated
there~o.
DD. "Solicitation" shall mean a contract awarding authority's request for
=he provision of any one or more of the followings goods and services of any
kind, equipment leases, and rentals/purchase of space. Solicitation shall
include requests for proposals, invitations to bid and similar items.
"Solicitation specifications," shall mean any docun~nts, literature or other
information accompanying a solicitation which provides additional data regarding
=he contract awarding authority's request.
EE. "Utilization Goals" shall mean those separately designated annual goals
for =he use by King County of minority/women's businesses. The goals shall be
expressed as a numerical percentage of the total dollar value of all contracts
to be awarded by the county. These goals shall be applicable to businesses
organized for profit, along with governmental agencies and quasi-governmental
agencies, unless the agencies are specifically excepted by or in accordance with
the provisions of this chapter.
FF. "Utilization Requirements," shall mean those efforts which the
responding parties, King County and the particular department shall mek~ to meet
=he county's utilization goals, including but not limited to the percentage
factors and set aside requirements established by this chapter.
GG. "Violating Party," shall mean a person or entity which has violated a
provision or provisions of this chapter.
HH. "Waiver Statement," shall mean a written statement directed to the
director containing reasons wh~ any provision or provisions of this cha~er shall
no= apply to a particular ~ereon, partnership, corporation, businesa entity,
contract awarding authority, department, or other entity. Where a waiver or
waivers are granted, the utilization goals shall be applied in e manner es as to
reflect the loss of the monetary value of those contracts exem~ed from the
requisites of this chapter.
II. "Women's Business," means a business certified by the Office of Minority
and Women's Businesses of the State of Washin~on aa a women's business
enterprise and which has previously sought to do business in King County. The
director is authorized to determine that women as a class have not been
discriminated against in their ownership and opera=ion of par=iculax trades or
areas of business in King County. The director may exclude such businesses from
consideration as "women's businesses" under this chapter, in connection with
contracts involving such trades or areas of business, according to the procedure
provided for in Section 4.18.080 of this chapter. (Ord. 10205 S 1, 1991~ ord.
9609 S 2, 1990= Ord. 8937 S 2, 19~9~ Ord. 8313 ~ 1, 1987= Ord. 8121, 19872
Ord. 7789 S 1, 1986= Ord. 7512 S 1, 1986= Ord. 5983 ~ 1, 1982).
145-5 (King county 12-92)
4.1~o'020
REVENUE AND FINANCIAL ~EGULAT~ON
4.18.020 Powers end duties. A. In addition to the powers.end duties given
to =he King County executive elsewhere in this chapter, the executive shell,
through the director, department of executive administration have rasponlibility
for administering, monitoring and enforcing the goals and rec~uirements identified
B. In addition to =he powers and duties given the director, dap~nt of
executive ad~Lnie=ration elsewhere in this chapter, the director, depix~ment of
executive eam*nistretion shell:
1. Establish rules, regulations, and procedures for implementing and
administering this chapter;
2. Raco~end to the King County executive annual utilization goals for
King County;
3. Have tho authority to enter into cooperative agreement8 with-Other
government agencies concerned with increasing the particip&tl0n of
minority/women's businesses in government contracting;
4. With the advice of contract awarding authorities, formulate and
periodically update · plan to make minority/women's businesses awlre of
contracting oppor~=unitiee with King County;
5. Review all King County solicitation lists end where possible, place
minority/women's businesses on SUCh lists. These list8 shell be updated
periodically. (Ord. 5983 S 2, 1982).
4.18.030 utilization goals. On or before the thir~iath day of April 1992,
and ever~three years following that date, the administrator shell su~a~Lt to
King County executive for approval proposed utilization goals for King County for
the following three year period. Separate utilization goals eh&Il be
for the use of minority businesses and for the use of woman's businesses. These
utilization goals shall be established separately for each of the following
of contracts: architectural and engineering con=recta, construction contracts,
consultant contracts, concession contracts, and purchaaing and service confrere.
The utilize=ion goals 8hall be transmitted with the office of civil rights and
compliance annual repor~ to the King County council for approval. Existing
utilization goals shall remain in effect until newly submitted ones receive final
King County council approval.
A. The utilization goals shell be reasonably achievable. TO the extent
=hat relevant information is available, the utilization goals shell be based on
the following factore~
1. By contract category, the ~-mher of firms certified by the Stets
Office of Minority and Women's Businese Enterprises, seeking to do business with
King County as either prime or subcontractors;
2. By contract category, the total number of firms seeking to do business
with King County as either prime or subcontractors;
3. By contract category, the geographic eree of competition;
4. ~y contract category, the capacity and/or capability of cer~ified
minority and women's businesses seeking to do business w£th King County co~pared
with the capacity and/or capability of non-minority and non-women's businesses
seeking =o do business with King County;
$. By contract category, the number of minorities and women with
requisite skills in related occupations!
6. By con=tact category, the affirmative action goals for minorities and
women in related occupations;
7. By contrec~c category, the rates of new entry by minorities and women
into related training, educational fields~ and occupations;
8. By contract cetegorT, what availability would be absent
discrimination;
(King Count7 12-92)
145-6
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.030 - 4.18.040
9. By contract category, rates of entry of new minority and w~a~n'e
businesses compared to non-minority and non-women's bue3~nessee.
B. The following goals shall be the annual goals for all King County
departments until such t~as new goals are approved by the King~oun=y council:
Contract Cateq~ry MBE% WBE%
Architecture/Engineering 17% 10%
Concessions 10%
Construction 14% 8%
Consultant 6% 15%
Purchasing/Service 10%
(Ord. 9609 S8 3(part) and 4, 1990).
4.18.QGQ Accomplishment of utilization goals. A. For all centrals,
accomplishment of utilization goals established by this chapts~ shall he based
on'the dollar amount of the con=tact in question. Accomplishment of the goals
shall be calculated in the following manner=
1. General--The dollar value of any and all contracts awarded by a
Contract awarding authority to a minority/women's business shall be counted
towards accomplishment of the applicable utilization goals.
a. The total dollar value of each contract awarded to businesses owned
and controlled by both minority males and non-minority females shall be
apportioned on the basis of the percentage of o~erBhip to the utilization goalB
for minorities and women respectively.
b. The total dollar value of a contract with a minority/women's
business owned and controlled by minority wo~en shall be either coun~sd t~ward
the minority utilization goal or the goal for wo~en, or appor~ioned on ~he basis
of ownership between minorities and women, not to both.
2. ~--If a contractor uses subcontractors who are
minority/women's businesses, the amount which ia given to the minority/women's
business for their work on the contract shall be credited towards meeting the
applicable utilization goals.
3. ~--where one or more minority/women's businesses are
participants in a joint venture with one or more non-minority or non-wo~en°s
businesses, the amount of money received by the minority/women's bueiness
enterprise shall be calculated in proper=ion to their participation in the joint
venture in accomplishing the applicable utilization goals.
4. S ' s er' --The contract awarding authority or a prime
contractor may count toward its utilization goals:
a. expenditures for materials ~d supplies obtained from
minority/women's business suppliers and manufacturers; provided that, the
minority/women's business assume the actual and contractual rerponeibility for
=he provision of the materials and supplies;
b. its entire expenditure made to a minority/women's business
manufacturer; that is, a supplier that produces goods from raw materials or
substantially alters them before resale;
c. thee mount of the commission paid to minority/women's businesses and
resulting from a particular contract with t~e county; provided that a
minority/women's business supplier performs a con~neroially useful function in the
145-7 (King County 12-92)
4.18~040 -' 4.18.050
REVENUE AND FINANCIAL REQULATION
5. Brokers - Fronts - or Similar Pass-Thr0ughArrmngementa. 'BUll~lllel
acting as brokers, fronts, conduits or similar pass-through arrmnge~entl shall
not be certified as minority/women's businell enterpriSel, unlell the brokering
service reflects normal lndusCry practice and the bro~er performs a oo~rcially
useful function. Such businelsel determined to be a~-Cing under thais
arrangements or persons who create such arrangements shall he lubJeoc to the
penalties enumerated in this chapter.
B. The director, department of executive aam4nistration shall calculate the
accomplishment of utilization goals for King County. In the event of disputes
regarding these calculations, a depaz~ment may request review of the dire=Cot's
decision by the King County executive.
C. After having met their annual utilization goals, depmx~-~ntl ~hall
continue to make affirmative effoz~cs to do business with minority/w~en's
D. The failure of a depaz~menc or King County to meet the annua~ d°llar
utilization goals established from time to time by this chaiN:er Ihl~l not
constitute grounds for a lawsuit against a department or the county, provided
that the department or the county has made affirmative efforts to mee~ those
goals. The failure of a department to meet the requirements of thil chapter
shall be reviewed by the King County executive end corrective action taken where
appropriate. (ord. 7789 S 3, 1986~ Ord. 5983 S 4, 1982).
4.18.050 UtiXization rep~£rlmints, general. In order to meet the
utilization goals established in accordance with this chapter, efforts including
but not limited to the following shall be madez
1. Under the auspices of the director, the administrator shakl begin
immediately to design a technical assistance and outreach progrem which.lh~ll be
established by April 1, 1992. This program shall include the following ele~entsz
a. A county-wide, industry-wide, regularly-scheduled =on~caGCor
orientation program to promote compliance with and understanding of the
provisions of this chapter and King County Code, Chapter, 12.16;
b. Feasible options for bonding, insurance, and banking aslistanoe for
minority-owned and women-owned businesses;
c. A county-wide program, designed to assist departments in enhancing
opportunities for minority-owned and women-owned businesses;
d. A fully-developed and maintained resource list, to include all
available resources state-wide for minority-owned and women-owned businesses;
e. Such other program options as would ~erve to assist minority-owned
and women-owned businesses in overcoming th= barriers of past a~d present
discrimination.
2. Prior to entering into any contract, the contract a~-arding authority
shall:
businesses;
b.
work so' as
businesses.
Make affirmative efforts to solicit proposals from minority/women's
Examine alternatives for arranging contracts by size and type of
to enhance the possibility of participation by minorit¥/w~en's
(King County 12-92)
145-8
MINORITY AND WOMEN'S BUSINESS
4.18.050
3. Prior to submitting any bid, proposal, or other
solicitation for which subcontractors may be used, responding per, les eh&~lmake
good fa£=h affirmative efforts to contact, solicit bide and proposals from~ and
use minority/women's businesses.
4. The following shall be included in the body of the contract dogument
in any and all contracts signed between a contract awarding authority and &
contractor=
a. A provision indicating that this chapter is incorporated by
reference into any and all King County contracts and failure to comply with any
of the requirements of the chapter by a contractor will be consider~d & breach
of contract.
b. A requirement that during the term of the contract =he con, factor
shall comply wi=h, as to tasks and propoz~ionate dollar amounts throug~o~ the
term of the contract, all requirements for the use of minority/women's
businesses. In The absence of a waiver, minority/women°s businesses which for
any reason no longer remain associated with the contract or the contra~or shall
be replaced with other certified minority/women's businesses in accordant= with
procedures established by the administrator.
c. A provision prohibiting any agreements between a responding party
and a minority/women's business in which the minority/women's business promises
not to provide subcontracting quotations to other responding or po~ential
responding parries.
d. The requirement of maintenance of relevant records, and infozl~ation
necessary no document compliance with =his chapter and the contractor's
utilization of minority and women's businesses in its overall public and private
business activities, and shall include the right of the county to ins~ such
records. This shall be implemented no later than April 1, 1992.
e. A provision requiring the payment of specific liquidated damages in
the event a contractor fails to perform a commercially-useful function and/or
operates as a broker, front, conduit or pass-through, with the amount of
liquidated damages established in advance by the department of executive
administration based on the type of contract involved. The provision should
include =he following language= The purpose of King County's minority/wo~en's
business ordinance is to provide a prompt remedy for the effects of past
discrimination. The county in general, and this program in particular, are
damaged when a contract, or portion of a contract, to be performed by a
mlnority/women's business is not actually performed by a minority/women's
business enterprise in compliance with this chapter. Because the actual amount
of such damage is not reasonably calculable, the parties agree and stipulate that
liquidated damages of $. fairly estimate the amount r~quired to
compensate =he county for resulting delays in carrying out ~he purpose of the
program, the costs of meeting utilization goals through additional contracts, the
administrative costs of investigation and enforcement and other damages and costs
caused by the violation. (Ord. 10049 S 1, 1991= ord. 9609 S 5, 1990= Ord. 8313
S 2, 1987: Ord. 7789 ~ 4, 1986: Ord. 5983 ~ 5, 1982).
145-9 (King County 12-92)
4.18.060
P~VENUE AND FINANCIAL R~GULAT~ON
4.18.060 Utilization requirements, specific. A. In order tb
achieving of the utilization goals est~liehed in accordance with this cha~er,
the following utilization requirements shall apply to all competitive bids and
other responses to solicitation:
1. For all purchasing, service, and concession contracts and all
architectural and engineering contrac=a~ consultant contracts and cona=ru~lon
contracts under ten thousand dollars, the director, with the advice of the
administrator, shall determine a percentage factor appropriate to offset the
effects of discrimination in the industry involved, which partes=age shall be
used in determining which responding party is the lowest responsible bidder or
best proposalz
a. Responding parties whose bids are within the percen=age, fac=~of
the best proposal or the bid made by the lowest bidder shall be rankeakii~ the
following order:. ~
First, minority/~me4~-h--buaineaeea which will perform the entire
unassisted and those minority/women's businesses which will exclusively use
minority/women's businesses as subcontractors, suppliers or in similar assisting
roles to the extent set forth above.
Second, minority/women's businesses which alone or aa par= of Join= ventures
serve as the prime contractor where minority/women's business participation is
at least twenty-five percent of the dollar value of a contract;
Third, non-minority/non-women's businesses which use minority/women's
businesses as subcontractors, suppliers, or in similar assisting roles in an
amount equal to at least twenty-five percent of the contract amount.
Fourth, non-minority/non-women's businesses which do not usa
minority/women's businesses as subcontractors, suppliers, or in similar assisting
roles to the extent set forth above.
b. All responding parties within each particular ranking shall be
grouped according to the amount of their bid or the evaluation score of their
proposal as determined by the awarding authority, with low bidders and higher
scoring proposals receiving the highest priority. The lowest bidder or higher
scoring proposal within the highest ranking category shall be awsrdnd the
contract in question.
c. In determining the percentage factor to be used for a particular
contract, the director shall consider the following factors:
(1) Price differentials between M/WBEs and non-MWBEs on previously-
submitted bids;
(2} Standard industry costa;
(3) standard industry profit margins;
(4) Availability of M/WBEs to perform as retailers, distributors,
wholesalers and manufacturers, by cog=nodity area; and
(5) Other pertinent facts.
d. Generally applied percentages shall be determined by commodity area,
and these percentages shall be implemented by April 1, 1992.
2. For every construction, architectural and engineering, and consultant
con=rant the following set aside requirements shall be met:
(King County 12-92)
145-10
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.060
a. contracts for construe=ion, consul=ant and architectural/engineering
services, the estimated cost of which exceeds ten thousand dollars, shall require
responding par~ies to include in their responses to solicitation both minority
and women's business participation in the contract in · percentage which equals
or exceeds the percentages determined for the contract by the director. The
director, with the advice of the administrator, shall determine the percentages
for each contract based on the extent of subcontracting oppor~unitiee presented
by the contract and the availability of minority and women's business enterprises
qualified to perform such subcontracting work. Such percentages may be higher
or lower than the annual goals for the type of con=tact involved.
b. Where a contract is awarded to a minority or women's business which
will perform at least twenty-five percent of the work, the set aside requ~ents
of these subsections shall no= apply.
c. As part of the bid or proposal package, all responding paz~lee shell
identify the dollar amount and/or percentage value of minority/women's business
participation. All responding parties shall also identify the pa~-~ioular
minority/women's businesses to be used in performing the contract, specifying for
each the dollar and/or percentage value of the participation, the type of work
to be performed, and other information as may reasonably be required to determine
the responsiveness of the bid or proposal.
d. During =he term of the contrac=, any failure to comply with the
percentages of minority/women's business participation required for the bid or
proposal shall be considered a material breach of contract. The dollar value of
the total contract used for the calculation of the set-aside shall be increased
or decreased to reflect executed change orders unless:
(1) a waiver is obtained in accordance with K.C.C. 4.18.070A. after
consultation among the contract-awarding authority, the director and the
contractor~ or
(2) the department obtains a reduction in the amount of the set aside-
according to the procedure in K.C.C. 4.18.060B.
B. Departments may request a reduction in the amount of the set aside for
either or both minority business enterprises or women's business enterprises or
in the percentage factor to be applied under the percentage preference method,
by submitting the reasons therefor in writing to the director.
1. The director, with the advice of the administrator, may grant such a
reduction upon determination that:
a. The reasonable and necessary requirements of the contract render
subcontracting or other participation of businesses other than the bidder or
proposer infeasibl~ at the adopted goal levels~ or
b. Qualified minority and women's business enterprises capable of
providing the goods or services required by the contract, are unavailable in the
market area of the project, despite every feasible attempt to locate appropriate
minority and women's business enterprises to meet adopted goals.
c. The available minority and/or women's businesses have given price
quotes which are unreasonably high in that they exceed competitive levels beyond
amounts which can be a~ribu=ed to cover costs inflated by the present effects
of discrimination.
2. Any reductions in set aside amount granted by the director shall
specify the amount to which the set aside has been reduced.
145-11 (King County 12-92)
4.18.060 - 4,16.070
REVENUE AND FINANCIAL R~GULATION
C. Where this Section 4.18.060 specifies that a set aside or s percentage
factor shall be used for a particular type of contract, the method specified is
the preferred method for achieving the utilization goals. A department may uss
the other method in its solicitation documents for a specific contract if it
determines that a method other than the one established by this Section 4.18.060
will be a more feasible method of achieving the annual utilization goal. In the
event that a department chooses to use s method other than the one specified in
this Section 4.18.060, it shall include in its annual repor~ to the execu=£ve
required by Section 4.18.080 D. of this chapter, documents demonstrating that a
method other than the one established by this Sec=ion 4.18.060 iea more feasible
method of achieving the annual utilization goal.
D. All solicitation documents shall include the applicable rsquiremen~of
Sections 4.18.050 and 4.18.060. In addition, documents shall include a pro~sion
prohibiting any agreement between a responding party and a minority/women's
business in which the minority/women's business promises not to provide
subcontracting quotations to other responding or potential responding
Bids, proposals, and other responses which fail to meet the requirements of this
Section 4.18.060 shall, within the limitations of federal and stets law, be
deemed non-responsive unless a waiver has been granted pursuant to Section
4.18.070 of this chap=er.
E. The percentage fao=or and set aside requirements of this Sec=ion
4.18.060 shall not apply to contracts awarded for the remainder of any calendar
year in which the contract awarding authority is determined by the director, with
the advice of the administrator, to have mst the applicable county utilization
goals as established by this chapter. The percentage fac=or and se= aside
provisions of this Section 4.18.060 shall again apply in each succeeding calendar
year until the annual utilization goals for that year have been mst by the
contract awarding authority.
F. For the Kingdoms food and beverage concession contract, the set aa£de
method of achieving utilization goals shall apply.
G. The requirements of this Section 4.18.060 shall cease to apply to
contracts awarded by King County and its departments on December 31, 1997, unless
reenacted by the King County council. (Ord. 10679 S 1, 1992= ord. 10049 S 2,
1991: Ord. 9609 $ 6, 1990: Ord. 8937 ~ 4, 1989= Ord. 8313 ~ 3, 1987= Ord.
7789 ~ 5, 1986= ord. 7512 S 2, 1986= Ord. 5983 $ 6, 1982).
4.18.070 Waivers. Contract awarding authorities, along with or on behalf
of responding partie~ and contractors, may apply for waiver of one or more
requirements of tb~ chapter as they apply to a particular contract or contracts.
A. Waivers may be granted by the director, with the sdv£ce of the
administrator, in any of the following circumstances;
1. When the needed goods and services are readily available from only one
source, in which case the contracting awarding authority shall, in addition to
the requirements contained in Ordinance No. 4551, K.C.C. 4.16.030, submit a
written justification of the need for sole source treatment to the director who
shall grant or deny the request for waiver within three business days;
2. Emergencles, in which case emergency contracting shall be handled in
accordance with the r~quirements of Ordinance No. 4551, K.C.C. 4.16.050.
3. Contracts for which neither'a minority nor a women's business is
available to provide needed goods or services, in which case a waiver may be
applied for in accordance with procedures-to be developed by the administrator.
Prior to granting a waiver, the director shall certify that a minority/women's
business is in fact not available to provide the needed goods and/or services.
(King County 12-92)
145-12
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.070 - 4.18.080
4. Contracts awarded to non-profit organizations, governments and
governmental organizations including b~t not limited to municipal co~porations,
consortiums and associations of governmental agencies or officials and agencies
created by interlocal agreement, per R.C.W. 39.34, or by operation of state or
federal law~ where because of a responding party's non-profit status, ownership
of the corporation or other entity cannot be determined. However, solely with
the exception of contracts be=ween King County and cities and towns where King
County is the grantee for federal or state funds passed through to such
jurisdictions, the waiver shall not extend to those profit-making contractors
which contract with the referenced responding
5. When available minority and/or wo~mn's businesses have given price
quotes which are unreasonably high in that they exceed competitive lsvels~yond
amounts which can be attributed to cover costs inflated by the present .~f~ects
of discrimination.
AS a condition of granting any waiver, the director may require that
contractors or the con=tact-awarding authority make affirmative efforts to
utilize minority and/or women's businesses in the contract.
B. Where the executive determines that the reasonable and necessary
requirements of a contract render subcontracting or other participation of
businesses other than a responding party unfeasible, he/she may grant a waiver
from the set aside provisions of this chapter7 PROVIDED THAT, the waiver shall
not be granted after the solicitation request has been publicly released by the
contract awarding authority~ PROVIDED F~TR~R THAT, the solicitation
specifications shall state that the waiver has been authorized and that
solicitations received, proposing subcontracting or other participa~ion of
business other than the responding party, shall be rejected as non-responsive~
PROVIDED FURTHER THAT, following award of the contract, should subcontracting or
participation of businesses other than the responding party become necessary, the
previously authorized waiver shall be null and void. The contractor (original
responding party) shall solicit both minority and women business participation
in a percentage which equals the contract awarding authority's annual goal.
C. Where the executive determines that compliance with the requirements of
this chapter would impose an unwarranted economic burden on, or risk to, King
County as compared with the degree to which the purposes and policies of this
chapter would be furthered by requiring compliance he/she may reduce or waive the
utilization requirements of this chapter~
PROVIDED THAT upon taking such action, the King County executive shall
notify the members of the King County council in writing and FURTHER PROVIDED,
upon receipt of the notice, if the King C~una¥ council determines that the waiver
does not meet the standards of this section, the King County council may by
motion, within ten working days of the receipt of the notice determine the waiver
to be null and void. (Ord. 9609 S 7, 1990= Ord. 8937
7, 1982).
4.18.080 Monitoring, reporting, and snforcmment. A. The county executive,
through the administrator shall have the responsibility for monitoring
implementation of the requirements of this chapter and shall have the power to
request from departments, responding parties and/or contractors any relevant
records, information and documents.
B. Contract awarding authorities, with the assistance of the director shall
keep complete and detailed records regarding compl~.ance with this chapter. The
records shall include the dollar ,.slue and the subject matter of each contract
along with the name of the contractor, the participation levels (in dollars,
number of contracts awarded, and type of work), of minority/women's businesses
where the contract award provides for participation, and other information as the
director deems necessary.
145-13 (King County 12-92)
4.1B.080
~IT.,T~ J~D FZN~e~TCZ~ REGUT,~.~ZON
C. The administrator shall be responsible for gathering.all fnfo~ma~ion
concerning compliance with this chapter and shall have access to ell pez~:l~ent
King County records.
D. With the assistance of the administrator each department shall submit
to the administrator an annual repoL~c on its performance in meeting the
uUili~eUion goals required by Chis chafer on or before Hatch 15=h of each yemx.
This repoz~c shall include the number and dollar amount of contracts awarded, by
contract category end the dollar amount and the ~ercentage of minority/women's
business par~icipation by contract and contract category and by ~,,h~ of se=-
aside contracts, percentage preference contracts, contracts requiring affirmative
efforts, and contracts for which waivers were granted. The report shall also
identify problems in meeting the requirements of this chal~cer, if anyf~and
suggestions for improvements.
E. Monitoring of Effects. The administrator shall establish procedures no
later than April 1, 1992 to collect evidence and monitor the effe~:s of the
provi~ions of this chapter, in order to assure, insofar es is practical, that the
remedies set forth herein do not dispro~ortionately favor one or more racial or
ethnic groups end that the remedies do not r~main in effect beyond the point'tha=
they are required to eliminate the effects of discrimination in the local
contracting industries. To the extent further ~ndments to this chel~cer are
required to effect these ends, the administrator shall prepare appropriate
ordinances for the council's consideration.
F. Certification and Recognition Process.
1. Pursuant to Chap. 328, Laws of 1987, the Office of Minority and
Women's Businesses of the State of Washington shall be solely responzibla for
certifying and decez~cif¥ing businesses. King County's minority and women's
business enterprise program is only for minorities and minority bUlimell, and
women's businesses and combination businesses es defined in K.C.C. 4.18.010~
therefore the director through =he administrator shall recognize only those
combination minority and women's business enterprises or minority buliness
enterprises certified by the State of Washington which also meet the definitions
of K.C.C. 4.18.010, according to minority uterus information provided to King
County by the Office of Minority and Women's Businesses of the State of
Washington. Businesses are only eligible for ~ing County's programs so long as
they remain cer~ified by the State of Washington.
2. It shall be considered a violation of this chapter to obtain, or
attempt to obtain, certification or the bez~efits of any provision of this
chapter, on the basis of false or misleading infO~ma=ion, whether provided to
King County or to the Office of Minority and Women's Businesses of the State of
Washington.
3. No contract requiring or proposing minority/women's business
participation may be entered into unless ell minority/women's busineleel
identified to meet the utilization goals by a responding paz~y were, at the time
the bid was submitted, certified by the Office of Minority and Women's Businelses
of the State of Washington and 'recognized by the director through the
administrator as eligible to par~icipate in King County's minority/women's
business program and the director through the administrator detez~lnes all
identified minority/women's businesses apl)mar able to perform a con~rcially
useful function on that contract as proposed. Lists of cer~ified and recognized
minority/women's buBinesses shall be provided to all departments end made
available to ~he public.
4. No business shall apply to King County in order to participate in the
programs established by this chapter.
(King County 12-92)
145-14
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.080
G. Where a complaint is filed within one year of the completion of all work
on a contract alleging a violation of this chapter by a contractor, subcontractor
or contract-awarding authority, or where, within that time period, evidence of
a violation is discovered from info~mation gained through compliance monitoring,
the administrator shall cause to be served or mailed, by certified mail, return
receipt requested, a copy of the complaint or notice of inveatigation on the
respondent within twenty days after the filing of said charge and shall promptly
make an investigation thereof. The investigation shall be directed to aecez~cain
=he facts concerning =he violation alleged in the complaint and shall be
conducted in an objective and impartial manner. During the investigation, the
administrator shall consider any statement of position or evidence with respect
=o the allegations of the complaint which the complainant or the respondent
wishes to submit.
1. The administrator shall have authority =o sign and £eeue subpoenas
requiring the attendance and testimony of witnesses, the production of evidence
including but not limited to books, records, correspondence or documents in the
possession or under the control of the person subpoenaed, and access to evidence
for the purpose of examination and copying ae is necessary for
The administrator shall consult with the prosecuting attorney before issuing any
subpoena under this section.
If an individual fails to obey a subpoena, or obeys a subpoena but refuses
to testify when requested concerning any matter under investigation, the
administrator may invoke =he aid of the King County prosecuting attorney who
shall petition =o =he Superior Court for King County for an order or othe~
appropriate action necessary to secure enforcement of the subpoena. The petitior
shall be accompanied by a copy of the subpoena and proof of service, and shall
set forth in what specific manner the subpoena has not been co~l£ed with, ant
shall ask for an order of the cour~ to compel the witness to appear and testif~
or cooperate in the investigation of the violation.
2. The results of the investigation shall be reduced to written finding~
of fact and a finding shall be made that there either ie or ie not reasonabl~
cause for believing =hat a violation has been or is being c~itted. If
finding is made =hat =here is no reasonable cause, said finding shall be serve=
on the complainant and respondent. Within thirty days after service of suc~
negative finding, =he complainant shall have =he right to file a written request
w~th the administrator asking for reconsideration of the finding. Th~
administrator shall respond in writing within a reasonable time by granting
denying the request.
H. If the finding is made initially or on request for r~conaideration =hat
reasonable cause exists to believe that a violation by a contractor
subcontractor has occurred, =he administrator shall endeavor to r~medy
violation by conference, conciliation and persuasion, which may include
compensation, the creation of additional oppoz-tunitiee for minority or wo~n'~
utilization on other contracts, or such other requirements aa ~y lawfully
agreed upon by =he parties and =he administrator. ~iy settlement agreement shall
be reduced to writing and signed by both par~iee. An order shall then be entere~
by the administrator setting for=h the terms of the agreement. Copies of suck
order shall be delivered to all affected par~iee and the original thereof file~
with =he division of records and elections.
If no agreement can be reached, a finding to that affect shall be made
the administrator and incorporated in a preliminary order, with a copy =heres:
furnished to =he complainant and the respondent. The preliminary order shall
also include:
1. A finding that a violation has occurred~
2. The basis for such finding.
145-15 (King County 9-91
I. In Che case of failure to reach an agreement for the elimination of such
,a violation, and upon the entry of a preliminary order, the complaknt an~ any and
Co the office of Che King County hearing ex&mLner for hearing.
purpose of affi~ing, denying, or modifying =he p=eL~in~ erda=. Tho he~inq
shall be conducted on cbs record and cbs he~ing ex~/ner eha~L have such
making and other powers necessa~ for conduct of =he hearing as ar~ s~oified by
K.C.C. 20.24.150. Such belOngS shall be conducted wi=bin a reason~le =~
after receipt of the cer=ificaUion. Written no=ice o~ ~he. =~e and place o~ the
hearing shall be given a= leas= =eh days prior ~o =he date of the he~ing to each
affected par~y and =o =he
Each party shall have =he following rights, ~onq o=herss
1. To call and ex,ins witnesses on any ma=~er relev~= ~o ~he
the complain=~
2. To introduce doc~en=a~ and physical evidence~
3. To cross-ex~ine op~sing witnesses on any mat=er relevant ~o
issues of ~he complain=~
4. To ~peach any wi=ness reg~dleas of which p~y firs= called h~
testify;
5. To rebut evidence against h~;
6. To represent h~self or to be represented by anyone of his choice who
is lawfully pe~it=ed to do
J. Following review of ~he evidence s~it~e~, the he~l~g
presiding a: =he hearing shall enter written findings and concl~sionm ~
render a written decision an~ sha~l Order one or ~re of the follow,gl
1. Dismissal of the complaint when a violaCio~ is fo~ n~ to have
occurred;
2. Suspension or c~cellatlon of the contract in p~ oN in
3. Dis~alification and/or deb~nt of the violator from p~iclpation
in county contrac:s for a period of up to five
4. Exclusion of the violator f~m future con=facts or vending un, il
demons=ra~ion of compliance;
5. Enforcement of any provision of the contract provi~ing remedies, such
as penalties o= li~idated d~a~s for violaCion of con:factual provisions,
enforcement of any other remedy avmil~le under the laws of King County.. U~n
'a finding by the hearing ex,inet tha~ a con:rac=or has in fac: failed to ~rfo~
a co~ercia~ly useful function or has o~ra~e~ &~ a broker, f=on=, Cond~i=
pass through business, li~idate~ d-m-gee m~Cifie~ In the con:r'~ct eha~
be clearly inevitable, in which case =he hearing ex.inet may order
relief.
K. If a finding is made =haC there l. roamon~le cause =o believe tha~ a
con=tact-awarding au:horley has cool,ted a violation, the finding shall
fo~arded =o :he county executive, who shall ravia=he evidence and shall
one or more of the following:
1. Dismissal of the c~pLain~ when a violation is found no~ ~o have
occurred;
2. Corrective personnel ac=ion;
3. Dis~alifica~ion and sus~nsion of authority of all m--hers, any
board, co,lesion, or o=her body constituting ~he viola:lng con=rat= awarding'
au:hority;
4. Enforcemen: of any o=her r~e~ avail~le u~der :hm laws of King
County.
(King County 9-91) 14S-16
MINORITY .AND WOM~N'S BUSINESS
4.18.080 - 4.18.095
L. Upon receipt of a written and signed allegation that a business owner
ia improperly being considered to be, or has £mprop~rly been rejected as, a
minority business or women's business ao defined in thio chap~er~ or that a
waiver or reduction of ant-aside requirements has been improperly denied or
granted, or if such information is discovered from information gained through
compliance monitoring, the director shall order that an investigation be
conducted by the administrator. The pendency of such allegations or of
subsequent hearings on such allegations shall not be grounds to pea=pone or
restrain the award of any contrac=a then being advertised or for which hide have
been received. If there is reasonable cause to believe that correc~civn action
is warranted, the direc~cor will, upon ten days written notice to all interested
parties of who~ he/she ia aware, and upon publication of notice of the hearing
in the manner provided for the adver~ising of contracts, conduct a he~ng to
determine whether or not the allegation ia correct. The hearing shall be
recorded and each interested par~y shall have the right to call and examine
witnesses, to produce documentary and physical evidence, to croee-exemine
witnesses, and to be represented by anyone of his/her choice lawfully per~ttted
to do ac. The hearing officer designated by the director shall permit teett~ony
=o be given by any par~ieo which would be directly affected b~ the ~a&~te=, and
a representative of the executive or agency conducting the i~estigation.
After the hearing, the director shall make findings and conclusions and shall
order appropriate corrective action, if any.
M. In addition to any other remedy available under the lams of F~tng County
and =he State of Washin~on any person, firm, corporation, bu~sinese, union, or
organization which prevents or interferes with or retaliates against & contractor
and/or subcontractor's efforts to comply with the requirements of this chapter
or which au~mita false or misleading information to any King County dep~nent
or employee concerning compliance with this chapter shall be subject to a civil
penalty of up to five thousand dollars for each occurrence, K£ng COUnty having
previously complied with the notice and hearing provisions of this chapter. Each
submission of false or misleading information shall conat:Ltute a separate
occurrence. (Ord. 10049 S 3, 1991= Ord. 9609 S 8, 1990= Ord. 8937 ~ 6, 1989=
Ord. 8313 ~ 4, 1987~ Ord. 7789 $ 6, 1986~ Ord. 5983 S 8, 191~2).
~.18.090 ~nnual repoL~cre¢luirad. The ach~iniatrator shall submit an annual
report to the executive detailing performance of the program byApril 15 of each
year. This report shall be forwarded to the council no later than April 30. The
report shall {.nclude~
A. States=ica, and narrative where appropriate, d~uaonatreting the
utilization of minority and women's businesses by department, contract category,
and the county, overall;
B. Statistics, and narrative where appropriate, demonstrating the
and type of waivers granted;
C. Explanations of any investigative actions taken by office of civil
rights and compliance regarding the implementation, monitoring and enforcement
of this chapter;
D. Descriptions of any problems in the implementation reported by the
department, including proposed aolutiona~
E. Recommendations, as appropriate, regarding amendments to thio chapter;
F. Proposed utilization goals, aa necessary. (Ord. 9609 ~ 9, 1990= Ord.
7789 ~ 7, 1986= Ord. 5983 S 9, 1982).
4.18.095 Studies and recommendations graduating ~irml out of program. A.
The office of CiVil rights and compliance ia directed to study and prepare a
recommendation =o the council on whether this chapter should be amended to
146-17
(King county 11-92)
4.18'.095 '- 4.18.130
REVENUE AND FINANCIA~ REQUL~TIOI~
"graduate out" minority and women's businesses after a certaiD n-mher of years
of certification or level of income above that used for state cez~ification. The
executive shall submit suc~ a recommendation by April 15, 1992.
B. Joint data base. The office of civil rights and complia~lce is directed
to sUudy and prepare a recommendation to the council on establishment of a joint
data base with one or more other local agencies for the collection of
availability and utiliz&=ion data. The executive shall submi~ such a
recommendation by April 15, 1992. (Ord. 10049 ~ 4, 1991: Ord. 9809 ~ 10-11,
1990).
4.18.100 Authorization to~uplement procedures. The county executive shall
implement such forms, administrative processes, and operational proceduree~are
necessary to comply with the provisions of this chapter by February 1,-.1988~
provided that such ~o~ms, processes and procedures shall be promulgated in
compliance with Chapter 2.98; Rules of County agencies, with the exoep~ion that
administrative rules and regulations related to this chapter shall be submitted
for review by the administration and justice committee (or its successor
committee} fifteen days prior to filing with the clerk of the council, the
provisions of Chap=er 2.98 notwithstanding. (Ord. 8318 ~ 5, 1~87: Ord. 7789 ~
9, 1986: Ord. 5983 ~ 10, 1982).
4.18.105 Imple~entation resources. This chapter shall be implemented
within the current level of resources allocated to the office of civil rights and
compliance. No additional~ staffing shall be considered unless the office of
civil rights and compliance implements the county auditor's recommendations to
streamline its operac£ons and demonstrates the need for add:Ltional at&~fing
through the use of relevant workload indicators and appropriate analysis. (Ord.
9809 ~ 12, 1990).
4.18.110 Effect of o~dinance, status of solicitations. Each of the
provisions of this chapter shall apply to all contracts for which a solicitation
is released after the effective date of that provision of this chapter. (Ord.
8318 ~ 6, 19871 Ord. 7789 ~ 9, 1986: Ord. 5983 ~ 11, 1982).
4.18.115 Eifective date. Sections 4.18.010 and 4.18.080 of this chapter
shall take effect on January 1, 1988. All other sections of this chapter shall
take effect as provided in the King County charter. (Ord. 8313 g 7, 1987).
4.18.120 Severmb£1ity. The provisions of this chapter shall be effective
in all cases unless otherwise provided for by State or Federal Law. The
provisions cf this chapter are separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section, or po~ion o~ this ohapter or
the invalidity of the application thereof to any person or circumstances shall
not affect the validity of the remainder of this chapter, or the validity of its
application to other persons or circumstances. (Ord. 8313 ~ 8, 1987: Ord. 7789
~ 10, 1988: Ord. 5983 $ 13, 1982).
4.18.130 Study and report. The county executive is au=hero, zed and directed
tO enter into a contract with a qualified consultant to study the discrimination
against minority and women's businesses in the market areas from which King
County draws contractors and to recommend any appropriate changes in Kirg
Coun:y's minority and women's business program or other ordinances. The county
execs=lye shall report the results of this study to the county council on cr
before August 31, 1989. (Ord. 8937 ~ 8, 1989).
(King County 12-92) 145-18
EXHIBIT C
REGIONAL SERVICES PROVIDED BY KING COUNTY'S BUSINES.~; RECYCLING
PROGRAM
I. Green Works Program - A recognition program for businesses which recycle at least 40% of
their solid waste, implement at least three waste prevention measures, and purchase at least three
recycled content products; businesses which meet higher standards become "Distinguished" Green
Works members or "Partners".
IL Recyc!/ng FFortcx quarterly newsletter - A newsletter which provides case studies and
information on current waste reduction, recycling, and procurement ideas relev:~nt to businesses.
Any King County city may produce newsletter inserts which will be mailed with Recycling FFor~
to the businesses in that city.
IH. Dollars for Data Program - A program which provides technical and financial assistance to
businesses which design and implement ~movative waste reduction strategies and which submit to
the County the waste reduction data gathered during implementation of the strategy.
IV. Printed Materials - See the attached list of "Materials Available to COP Cities".
V. Targeted Industry Assistance - Identification of industries which could bene~fit from waste
reduction and recycling education through existing umbrella organizations (trade associations,
ctc.). Development of joint programs with those umbrella organizations to educate industry
members and to expand recycling and waste prevention programs.
King County Solid Waste Division - Business Recycling Program
MATERIALS AVAILABLE TO COP CITIES
A) Multiple Copies Available (no charf:le)
1 ) King County's Business Waste Reduction and Recycling Handbook (35 page
book). {Copies available until supply is depleted.}
2) Green Works promotional materials: a) flier (one page, double sided);
b) booklet with application form. '
3) Back issues of the County's Recycling Works newsletter, produced quarterly.
{Copies available until supply is depleted.}
B) One "White Copy" Available for Duclication eno charf:le)*
1) General waste reduction fact sheet for offices (one page, double sided)
2) Waste reduction fact sheet specific to the real estate industry (one page, double
sided)
3) Guides to "Waste Reduction & Recycling Services in King County" (includes
city-specific and regional information)
4) Waste reduction fact sheet: Vermicomposting (one page, double sidad)
5) Waste reduction fact sheet: Bulk Dispensing (one page, double sided)
6) Waste reduction fact sheet: Returnable/Reusable Dry Cleaning Bags (one
page, single sided)
7) Waste reduction fact sheet: Reusable Trolley Bags (one page, double sided)
8) Waste reduction fact sheet: Materials Exchange (one page, single sicled)
9) Camera ready poster art: "It's In Your Hands" poster
10) Camera ready art for graphics used on postcard, brochure, fliers
C) Materials Available for Purchase
1) Guide: URecipes to Prevent Waste in the Restaurent" (8 pages; inclucles
laminated instructional signs for use in restaurant recycling programs).
{$5.00 per guide}
2) Video: "It All Adds Up" (11 minutes). {$10 percopy}
D) Materials Planned for 1995 Isubiect to chan,qe; charf:le to be determined).
1) Fact sheet or guide specific to the food and beverage industry: how to conduct
waste audits
2) Fact sheet or guide for property managers: how and why to establish 'waste
prevention, recycling, and recycled product procurement programs
* We ask that you credit King County when using materials produced by the County:
"artwork" and/or "text provided courtesy of King County Solid Waste Division".
November 1994
Washington Cities Insurance
Authority
17-Feb-95
KING COUNTY DEPT OF PUBLIC HEALTH
ATTN:
Cerfd: 750
CIT~ OF AUBURN
CITY CLERKS OFFICE
RE: City of Auburn
CITY ACTIVITIES AS RESPECTS LOCAL HAZARDOUS WASTE
MANAGEMENT GRANT.
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
cqqCIA), which is a self insured pool of over 86 municipal corporations in the State o:~'
Washington.
WCIA has at least $I million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not an
insurance company, your organization cannot be named as an "additional insured'.
Sincerely,
David Hayasaka, CPCU, ARM
Assistant Director for Operations
CC
Victor Thompson
cletter
One Renton Place, Suite 760, 555 South Renton Village Place, Renton, WA 98055
(206) 764-6471 Fax 764-4067