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Home My WebLink About4847 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING REIMBURSEMENT OF FUNDS IN THE AMOUNT OF FOURTEEN THOUSAND SEVEN HUNDRED SIXTY-ONE AND 00/100 DOLLARS ($14,761), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A~N 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 established the City Optional Program WHEREAS, the COP funds projects Waste Division has (COP); and 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: ~ Pursuant to Chapter 35A.33 RCW, the City hereby approves the expenditure and appropriation of a total amount of FOURTEEN THOUSAND SEVEN HUNDRED SIXTY-ONE and 00/100 Ordinance No. 4847 March 13, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DOLLARS ($14,761), 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. ~-~ The Mayor and City Clerk of the City of Auburn are authorized to execute Agreement No. D-22257D with King County for the reimbursement of said funds. A copy of said Agreement is attached hereto and designated Exhibit ,A, and is incorporated by reference herein. ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~-~ This Ordinance shall force five (5) days from and after its publication, as provided by law. take effect and be in passage, approval and Ordinance No. 4847 March 13, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,23 24 25 26 ATTEST: INTRODUCED: PASSED: APPROVED: CHARLES A. BOO?H MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: Ordinance No. 4847 March 13, 1996 Page 3 ORIGINAL CONIlL&CT # D22257D INTERLOCAL AGREEblENT Between KING COUNTY and the CITY OF AUBURN This Interlocal Agreement (hereina~er referred to as the Agreement) is executed between lfing 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 designated below: King County Motion No. 8857 City PREAMBLE King County and the City of Auburn have adopted the King County Comprehensive Solid Waste Management Plan which includes waste reduction goals. In order to help meet these goals, the King County Solid Waste Division has established the City Optional Program. The City Optional Program funds proj~zts that enable citizens to recycle materials not included in curbside collection progran~ and provides funds for cities to establish and maintain Business Recycling Prosrams and services. L PURPOSE The purpose of this Agreemem is to define the terms and conditions for funding to be provided to the City of Auburn from the County for the operation of a Business Recycling Program. IL RESPONSEBILITIES OF'TI~Ig PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City General Provisions The City shall comply with the Minority and Women's Business utiliT, tion provisions, of King County Code Chapter 4.18, end amendments thereto, attached to the City's copy of the Agreement as Exhibit A and incorporat, ed herein by reference to the other two copies of this Agreement. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religio~, nati.onality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in 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 thc authority of this Agreement shah engage in unfair employment practices as defined by' King County Code, Chapter 12.18. 1 4. The City shall use recycled paper for the production of all printed and photocopied documents related to the fu.l~llmer~t of this Agreement. The City shall use both sides of paper sheets for cop, yin~ ~,d printh~ and shall use recycied/recyclable products wherever practical. The City shall maintain accounts of the direct and indirect costs of the programs covered by this Agreement for a period of at least six years. These ~ac~counta shall be subject to inspeetion, 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 ~ County's name and 1o$o must appear on Kin~ County materials (including faa sheets, case studies, etc.), or, at a minimum, the City will credit YAnI{ County for artwork or text provided by the County as follows: "a~twork provided courtesy of YAng 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 it produces end/or duplicates for the Business Recycling Program which have been funded through the City Opth~nal Program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. Business Recvclino Pro~ram Provisions Funds provided to thc City by thc COunty pursuant to this A~reement 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 B. The City will submit to the County qunrtedy reports which include: a) a description, of each nodvity accomplished in. the previous quarter related to the scope of work; b) reimbursement requests with copies of invoices and stntements for each expenditure for which reimbursement is requested. These reports shall be submitted to the County on the following schedule: (1) the first quarter report is due by May 1, 1996; (2) the second quarter report is due by August 1, 1996; (3) the third quarter report iis due by November 1, 1996; and (4) the fourth quarter report is due by F~bruary 1, 1997. Final reports which evaluate the effectiveness of the City's Business Recycling Prosxam accordin~ to the evaluation methods specified in the scope of work are due within six months of completion of the prolpam activity but no later than June 30, 1997. 10. The City agrees: a) to promote Business Recycling sciwices; b) to provide assistance to businesses within its City limits to establish and expand their recycling, waste prevention, 'and buy recycled programs as described in Exhibit B; and c) to work towards minimum service levels for urban ar%s as definedin the 1992 King County Comprehensive Solid Waste Management Plan on pages 1II-41 and 42. 11. The City will cooperate with the County to coordinate its efforts with County programs. To facilitate cooperation, meetings may be scheduled between the County, the City, and other cities which are participating in the Business Recycling City Optional Program. The County will coordinate any meetings and cities participating in the Business Recycling City Optional Program will be given an opportunity to assist in the coordination of such meetings. The meetings will be held to share infon~ation about Business Recycling Programs, to coordinate assistance and programs, and to plan for 1997; 2 12. T, he Bus!ness Recycling Program shall be administered by John G-iordanengo, Rec~ycling Specialist with the City of Auburn at 1305 "C" Street Southwest, Auburn, WA 98001, or designee. B. County: The responsibilities of the County pursuant to this Agreement are as follows: General Provisions Within thirty (30) days of receiving a request for reimbursement ~om 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. The County will not authorize payment(s) for activities and/or expenditures which were not included in the scope of work and budget attached as Exhibit B, unless the scope has been amended according to Section V of this Agreement. King County :retains the right to withhold ali or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of e'~ch 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 B. The County agrees to credit the 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 of Auburn". The County retains the right to share the written material(s) produced by the City which have been funded through this program 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.am Provision~ 4. The Business Recycling Program shall be administered by Dale Alekel, Project Manager, or designee 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 au integral part of the County's targeted industry program and unless such assistance is undertaken in cooperation with the City. If the City wishes to participate in a County sponsored technical assistance program, the City shall pay the County for pm'ticipation 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 tbe 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 members. 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. Funding for Business Recycling Programs is allocated based upon the number of employees within each city. The City of Auburn's budgeted allocation for a Business Recycling Program ir, 1996 is $.14,761. Total budgeted funding under this Agreement is $14,761. HI, DURATION OF AGREEMENT This Agreement shah become effective on January 1, 1996 and shall terminato on December 31, 1996. r¢. TERMmAT OS This Agreement may be terminated by either party, in whole or in part, prior to the termination date specified in Section HI, upon either party providing the other thirty (30) days advance written notice of the telrnimu/on. Reasons for termination by the County may include, but are not limited to, nonperformance or misuse of funds. If the Agreement is terminated as provided in this section: (I) the County will be liable only for payment in accordance with the terms of this Agreement for serviCes rendered prior to the effective date oftenninstion; and (2) the City shall be released from any Obligation to provide further services pursuant to this Agreement. Nothing herein shah limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Atp-esment are .breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Funds may be moved between tasks in the scope of work, attached as Exhibit B, only upon written or verbal request and written or verbal approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARI~.~.$S AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, 'its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever .occuning from actions by the Civ.! and/or its subcontractors pursuant to this Agreement. The City shall de, fend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinater 'claims') brought against the County arising out of or incident to its execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that th9 use or transfer of any software, book, document, report, film, tape, or sound reproduction or material or any kind, delivered hereunder, constitutes an infringem~mt of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.. VII. INSURANCE The City, at its own cost, shah procure bY the date of execution of this A~reement and maintain for the duration of the Asreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Asreement by the City, its a~ents, representatives, employees, and/or subcontractors. · The minimum limits of this insurance shaH be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personitl injury, and property damage. Any deductible or self-insured retentions shah be the sole responsibility oftbe City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insurers against liability arising out of activities performed by or on behalf of the City pursuant to this Aireement. 4 If the Agenc.v. is a Municipal Corporation or an agency of the State of Washington and is self-inaured for any of the above insurance requirements, a certification of serf-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this ~tion. IN WITNESS WHEREOF this Agreement has been executed by each party on the date sec forth below: City (Title) CHARLES A. BOOTH MAYOR Date Kin~ C99nW Accepted for King County Executive Director of Natural Resources Pursuantto Ordinance No. 4847 Pursuant lo Motion No. 8857 Approved as to form: "City Attorney Michael J. Reynolds Date ATTEST: Robin Wohlhueter City Clerk Approved as to form: REVENUE AND FINANCIAL REGULATION EXHIBIT A 4. 18. 005 4.18.010 4.18. 020 4.18. 030 4.18. 040 4.18. 050 4.18.060 4.18.070 4.18.080 Chal~cer 4.18 MINORI~ AND WOM~N'S BUSINESS ENTERPRISES Findings. Definitions. Powers and duties. Utilization goals. Accomplishment of utilization goals. Utilization requirements, general. Utilization requirements, specific. Waivers. Monitoring, reporting, and enforcement. (King County 12-92) 145 MINORITY AND 4.18.007 4.18.090 4.1~.O95 4.18.100 4.18.105 4.18.110 4.18.115 4.18.120 4.18.130 WOMEN'S BUSINESs ENTERPRISES 4.18.005 - 4.18.010 Pu~oss. Annual raper= required. SUudies and recon~nenda=ions graduating firms out of program. Authorization to implemen= procedures. Implementation resources. Effe¢= of ordinance, status of solicitations. Effective date. Sever~ility. Study and repoz~. 4.18.005 Findings. The county council hereby finds the following facts, A. In hiring and dealing with contractors and subcontractors of all t~es, public and private owners, developers, contractors, financial institutiQ~ and sureties have diecriminaCsd and do discriminate against minority and W(~m~n's businesses doing business or seeking to do business with King County based on tho race and sex of the owners of these businesses. This discrimination has been established by public hearings conduc:sd by the county council and other local Jurisdictions and by the studies and re~or~s performed for the county by consultants. The factual findings of these reports, specifically the Perkins Cole 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 it8 past and present minority and w~n's business enterprise ordinances, King County would have been, and would continue to be, a passive par=lcipant in the discrimination against these bueineseel. C.. The provisions of this cha~er are necessary to remedy the' discrimination against minority and w~n'e businesses and to prevenl: Klng C~unty from financing and participating in this discrimination with its contra~ing do,late. D. The market from which King County draws contractors extends throughout the State of Weshing~on, although the bulinelsel which provide the primary market for King County are located in the King, Pierce, and Snohomish County are&. E. King County is prohibited by state law from helping minority and women's businesses overcome =he effects of discrimination through financial assistance or reduction of bonding requirements. While the existence of such alternative presently available. F. Although a program to provide technical assistance to minority and women's businesses cannot provide an adequate {mmediste remedy for past discrimination against such businesses, such a program can aeliet 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 recomendationa for refinements to the King County minority and women's business program which are reflected in the amen~ment8 set forth in this chapter. (Ord. 9609 S 1, 1990: Ord. 8937 S 1, 1989). 4.18.007 Pu~l~OSe. The purpose of this chapter is to remedy the effects of discrimination by increasing the oppor~uni=iel for minority and w~en's businesses to provide goods and services to King County by using reasonably achievable goals. (Ord. 9609 S 3 B, 1990) 4.18.010 Defimitions. All words shall have their ordinary end usual meanings except those defined in this section which shall have in addition, the meaning set forth below. In the event of conf%ict, the specific definition spelled out below shall presumptively, but not conclusively prevail.. 145-1 (King County 9-90) 4.~8.0~0 REVENUE AND FZNANCZJ~T,, I~.EGI~.~.~ZON A. "Administrator- shall mean the administrator of the King County office of civil r~ghts and compliance. 's. "Affirmative Action Plan" shall mean the written, formal *King ~ounty policy adopted annually, stating the goals and programs of county government to be performed in the areal of contract compliance, actual employment oppor~unity and minority/women's hus£nese contracting. C. "Affirmative Efforts- shall mean making vigorous, documented attempts in good faith to contact and contract with minority/wo~n.s husineesel. W~ere affirmative efforts are required by, or are grounds for, waiving provisions of Chis chapter, the director's determination shall be based on procedural to be outlined in accordance with the dictates of this cha~er. D. "A~chitectural and Enginser~ng C~ntracts' shall mean contracts fo~ the performance of architectural and enginNring se=vices by licensed and registered firms and persons acting as consultants to King County. E. 'Broker' shall mean a business which purchases goods or se=vices from another business or businesses for the oolo purpose of resale to the count~ or a contractor doing business with tho county. F. "CeL~ciflcation# shall mean the proceal by which the Office of M~ority and Women's Businesses of the State of Welhin~on determines a hulineeem~lte the criteria for a minority-owned business enterprise, a women-owned business forth in WAC chap. 326-02 and WAC chap. 326-20. G. "Combination Minority and Women Bueinele'me&ns a business ce~Lfied as a combine=ion minority and women.s bus,nell enterprill by the Office of M~nority end Women's Bulinellee of the State of Wlehing~on which ia 50% legitimately owned and controlled by minority males or m~nority huoinelsea as defined ~ this chapter. H. #Commercially Useful Function' shall mean the Performance of real and actual services in the discharge of any contractual endeavor. The contractor must perform a distinct element of work which the business has the sk~L1 and expertise as well aa the ~elponeibll£ty of actually performing, managing and supervising. In determining whether a business is Pa=forming a commercially useful function, factors, including but not limited to the following, will be consideredz 1. Whether the business has the skill and exper~ise to perform work for which it is being/has been'certified~ 2. Whether the business actually performs, menages and supervises the work for which it is being/has been csL~cified~ and 3. Whether the business purchases goods a3d/or services from a non-minority/wo~en.s business enterprise and simply resells goods to the county, county contractor, or other person doing business with the county for the purpose of allowing those goods to be counted towards fulfillment of minority/women.s business enterprise utilization goals. I. "Concession Contracts- shall mean those contractual arrangements for the sale of food, beverages and/or items of personal prope~y at any facility owned and/or managed by King County. J. 'Conduit' shall mean a minority/w~men.s business with which a contractor has agreed to subcontract, when the minority/women.s business does not perform the subcontract, and instead the subcontract is performed by a non-m£nority/women.s business. K. 'Construction Contracts- shall mean, those con=factual arrangements made by King County for the construction, repair, rehabilitation, alteration, conversion or extension of buildings, perks, streets or other improvements to real property. (King County 9-90) 145-2 MINORITY AND WOKEN'S BUSINESS ENTERPRISES 4.18.010 L. "Consul=ant Contracts- shall mean =bose contractual arrangements made 'for =he procurement of expert personal, professional and/or =ethnical se=vices. Consultant contracts shall include legal se=vices provided =o 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 =he power to et=er 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, =bis term shall include, but shall not be 1;mated to heads of county departments, divisions or offices. N. 'Contractor- shall mean any person, partnership, corporation, or other t~e of business entity which has a contract with King County or SeL-Ve~ in a subcontracting capacity with an entity baying a contract with King Country,Or the provision of goods and/or services. O. "Department" shall refer to any depax~.ment al defined by King County ordinance or other applicable law and shall include ail county agencies not associated with a department. These agencies shall s~milarly discharge thole duties =his chapter requires of departments and shall include the King County prosecuUing attorney, =he 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 com~ination 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 excee¢lthe proportionate interest of the minority/women.s business held aB a member of the joint venture in the work to be performed. The agre~nt establishing the joint venture, partnership or other multi-entity relationship shall be in writing. Fur=her, minority/women.s participation in a joint venture shall be based on the sharing of real economic interest in tbs venture and shall include proportionate control ever management, interest in capital acquired by the joint venture, and in=eras= in earnings. S. "Legitimately Owned and Controlled" shall mean for the purpose of determining whether a business is a "minority business., that minorities shall possess: 1. O~nership of at least fifty-one percent interest in tbs busin~us, 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 fo=me ownership of the business reflected in the ownership documents. The minority owner(e) shall enjoy the customary incidents of ownership and shall share in the risks and profits comensurate with their ownership interests, as 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 expertise 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-co-day as well ae ma~or decisions on matters of management, policy, and operations. If the owners of tho business who are not minorities are disproportions=ely responsible for =he operation of the business, 145-3 (King County 12-91) 4.18.010 R~ENUE A/~D FINANCIAL REGULATION then ~he business is no= controlled by minor~ie~. The busines~ mu,t be o~ed, cent=oiled, and managed on a day-to-day, full-t~e basle b7 the minor~u7 o~er(s).' The re~irements of this subjection S.2. s~a~l nec a~ly~ .if the minority bulinog8 ~alifieo a8 a co.orate 8~noored deaie=eh~p under provisions of WAC 326-02-0~0. 3. ~erehip and control shakl be measured as though not subJeut to the a. Only one e~use participa=e~ in t~e manag~ent of. the b. The nonparticipatin~ s~u~e rekin~ishes control over his/her persons as defined in thil section and which has previously sought to do bulineli in King County. The director is authorized to deCo.ins =ha= 8~cifio of particu~ar trades or ~ea~ of bul~esl In K~ng County. The d~e~o= may chap=er, in connection with con=rat=8 involving such trades or areal of as provided in Sec=ion 4.18.080 of this chap=e=. U. "Hlnor~=y or ~lnor~=~eo- mean8 a ps=son who is a citizen of tho United States and who is a ~he= of one or more of the following disadvanCaged racial 1. BLack or Afric~cic~= .Having orig., in any of the BlAck groups of Africa~ 2. HLsp&nic~ Of M~ican, Pue~o RLC~, C~an, or Cen=ra~ o= Sou=h ~erican culture or 3. AeL~er~can~ Having origins In any of the o=igina~ p~plel of the Far Eas=, Sou=bees= Asia, =he Indl~ subcon=~en=, or =he Pacific Isl~ds; or 4. ~ican Indl~ or ALaB~ Na~lve~ Having origins In ~y of the original peopkes of No~h The direc=or shakl have discre=lon'~o m~e a fina[ decision ae to whe=~er an individual il a minori~y. V. "Nonprofit CO~ora=ion- shall mean a co.oration organized~rsu~= =o R.C.W. ch. 24.03. In the casa of nonprofit co~ora=ion8 organized under ~he of a s=a=e o=her than Washing=on, a nonprofit coFpora=ion shal~ me~ one or~a~iaed for one or more of the purposes Bm= fo~ in R.C.W. 24.03.015 ~nd mfs=lng the def~ni=ions In R.C.W. 24.03.005. W. "Pass-T~ough' mean8 buying or obtaining goods from a non~-~n,s bus~nesi, non-minori=y business or non-c~lna=~On~n/minority bul~nele, and reselling or transferring ~hose goods to =he coun=y, county con=fac=ors or persons doing business wi=h =~e coun=y for =he pu~oBe of ob~aining any or benefit conSerred under =his cha~er, w~thou~ perfo~lng a co~ercia~ly useful func=ion. X. 'Percen=age Fac=or' shall me. the 8~cial ra~lng lac=orB by 2h~s chap=er ~o be a~[ied in ce~a~n c~pe~ikive bid sL~ua~on~ where ~lnori=y/w~n's bulineslel rel~nd to solicL~a=~on or are ~clud~ s~contrac=s In re~ndinq p~es' ree~nses =o sollcita=lon. Y. "Purcha~ing Con=rat=B- sha~l mean, bu~ no~ be l~ited to~ 2hose con~rac=s which are awarded by =he depa~en= of execu~ive a~lnis=fa=ion a~ represen~a=ive of King Coun=y~ or any con=rat= awarded by King Coun=y for purchase of tangible goods. Z. "Res~ndin~ Pa~- shall mean any person, p&r=nership, curpora~on or business en=ity which makes a pro~sa~ as defined In ~hi8 chap=er in res~nse to a solici~a=ion as defined in ~his chap=er. (King County 12-91) 145-4 MINDRITY AND WOMEN'S BUSINESS EN~=RPRISES 4.18.010 profesSional.or other work performed by a vendor, such as the making of repairs, servicing, maintenance and/or cleaning, and which does not involve the provision of substantial tangible items such as materials, supplies or equipment. For the purposes of this c~apter, the term "service contracts' shall include services provided to members of the public, including public defender services, but shall not include cons=ruction, rental or leasing of equilmn~nt or the traditional professional services such as consulting, legal services, feasibility studies and design studies. BB. "Set Aside" shall mean that proper=ion of each contract which is designated for participation of minority/women,s businesses as established by this chapter. CC. "Small Business Concern" means a small business as defined pursuant to Section 3 of the federal Small Business Act and relevant regulations promulgated thereto. Db. "Solicitation" shall mean a contract awarding authori=¥'s re~ueat for the provision of any one or more of the following: 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 documents, literature or other information accompanying a solicita=£on which provides additional data regarding the contract awarding authority's request. EE. "Utilization Goals" shall mean those separately designated annual gOals for the uae by King County of minority/women's businesses. The goals shall be expressed as a numerical percentage of the total dollar value of all con==acts to be awarded by the coun=y. These goals shall be a~licable to businesses organized for profit, along with governmental agencies and quaei-govm~,,.~ntal 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 Pa~ioulardepaz-~ment shall make to meet the county's utilization goals, including but not limited to the percentage fac=ors 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 chapter shall not apply to a particular person, partnership, corporation, business entity, contract awarding authority, depart~nt, or other entity. Where a waiver or waAvers are granted, the utilization goals shall be applied in a manner so as to reflect the loss of the monetary value of those contracts exempted 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 Washington aa a women's business enterprise and which has previously sought to do business in King County. The discriminated against in their ownership and operation of particular trades or areas of business in King County. The director may exclude such businesses from 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, 1999= Ord. 8313 S 1, 1987: Ord. 8121, 1987: Ord. 7789 S 1, 1986: Ord. 7512 S 1, 1986: Ord. 5983 $ 1, 1982). 145~5 (King County 12-92) REVENLrE ARD FINANCI~J~ P~EGULAIIO:; 4.18.020 Powers and dutiss. A. In addition to =he powers and duties given to the King Coun=y execu=ive elsewhere in this chapter, the executive shall, through tbs d%rec=or, department of executive administration have responsibility for administering, monitoring and enforcing the goals and requiremen=s identified in this chapter: B. In addition to =he powers and dut£ss given the director, department of executive a~ministration elsewhere in this chapter, the director, depaX~nt of execu=ive a~inis:ra=ion 1. Est~lish rules, re~la~ions, and procedures for ~pl~en=i~ and a~inistering this chapter; 2. Recomend to the King Coun=y execu=ive a~ual utilize=ion goals for King County; 3. Have the authori=y to en=er in=o coopers=ire agre~on=s gover~en= agencies conce=ned w~th increasing =he p~=icipa=10n of 4. With the a~vice of contract awarding authorities, con=rat=lng o~o~uni~iel with King 5. Review all King County solicitation 118=8 ~d where pose~ke, minori=y/women's businesses on such lists. These lists shall be u~ated periodically. (Ord. 5~83 ~ 2, 1982). 4.28.030 Utilization goals. On or before tho thir~ieth day of April 1992, and every three years followkng that date, the a~ministretor shell su~mit to the King County executive for approval pr~pose~utllization goals for Klng C~unty for utilization goals shall be elc~lioho~ elp~ately for each of the felling ~s The utilization goals shall be transmitted wi~h the office of civil rights and compliance annual re~ ~o the K~g County council for a~rovak. ~lst~g utilization goals shall remain in effect until newly su~ltted ones receive final King County council approval. A. The utilization goals shall be reason~ly achiev~le. To the e~ent =ha= relevant lnfo~a=ion is available, the utilization goals shall be bas~ on the following factors: 1. By contract ca~ego~, the n.,--her of f~s ossified by the State Office of Minority and W~en's Business Ente~rises, seeking to do business with King County as either pr~e. or subcontractors; 2. By contract catego~, the total n~er of fi~s seeking to do business with King County as either pr~e or s~contractors; 3. By con=rat= category, the geographic are& of c~peCition; 4. By contract ca=ego~, the capacity and/or cap~llity of ce~lfied minori=y and w~en's businesses seeking ~o do business wl:h King Coun=y c~ared with =he capacity and/or capillary of non-minority and non-~men's businesses seeking to do business with King County; 5. By contract catego~, the n~er of minorities and w~en with revisits skills in related occupations; 6. By con=tact catego~, the affl~tive action goals for minorities and into related training, educa=ionak fields, and occupations; 8. By contrac= category, what avlil~ility would be ~sen= discr~ination; (King County 12-92) 145-6 MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.030 - 4.18.040 9. By con=fac= category, rates of entry of new minority and w~men,s businesses compared to non-m~nority and non-women's businesses. B. The following goals shall be =he annual goals for all King County departments un=il such time as new goals are approved by the King County council: Co t ac Ca e or MBE% Architecture~Engineering Const~/ction Consultant Purchasing/Service (Ord. 9609 ~S 3(par=) and 4, 1990). 17% 10% 10% 14% 6% 15% 10% 4.18.040 Accomplishment of utilizaeion g~eis. A. For all accomplishment of unilization goals esta~lishe~ by this chapte~ shall be on the dollar ~m~unt of the contract in question. Accomplishment of the goals shall be calculated in the following manner= 1. General--The dollar vakue of any and all contracts award~ by a contract awarding authority =o a minority/women,s business shall be counted towards accomplishment of the applica];le utilization goals. a. The total dollar value of each con=tact awarded to businesses o~n~ed and controlled by both minority males and non-minority fe~nales shell be apportioned on the basis of the patten=age of ownership to the utilization goals for minorities and women respectively. b. The total dollar value of a contract with a minority/w~n,s business owned and con=roiled by minority wo~en shall be either counted toward the minority utilization goal or the goal for women, or a~por~ioned on the of ownership between mi~oritiea and women, not to both. 2. ~--If a con~ractor uses subcontractors who are minority/women's businesses, the a~Ount which is given to the minority/~n,s business for their work on the contract shall be credited towards meeting the applicanle 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-~en,s businesses, the amount of money received by the minority/women,s business enterprise shall be calculated in proportion to their participation in the joint venture in accomplishing the applica~le utilization goals. 4. s ' s Mate 'a --The contract awarding authority or a prime contractor may count toward its utilization 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 contrac=ual rsrponsibllity for the 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; ¢. the amount of the co~ission paid to minority/women,s businesses and resulting from a particular contract with the county; provided that a minority/women's business supplier performs a commercially useful function in the 145-7 (King County. 12-92) 4.18.040 - 4,18.050 REVENUE AND FINANCIAL R~GI~TIOM 5. Brokers - Fronts - or Similar Paee-ThroughArrangemen~s. Businesses acting as brokers, fronts, conduits or similar pass-through arrangements shell no= be'certified as minority/women's business entez~rises, unless th~brok6ring service reflects normal industry praotice and the broke= ps=fo=me a ¢o~ner=lakly useful function. Such businesses determined to be ac=ins under these arrangements or persons who create such arrangements sha~l be subject to the penalties enumerated in this c~apter. S. The director, department of executive administration shell ca/cuisSe the accomplishment of utilize=ion goals for King County. In the even= of disputes regarding these calculations, a department may request review of the dire~:or,s decision by the King County executive. C. After having met their annual utilization goals, departments shall continue to make affirmative efforts to do business with minority/w~en,s D. The failure of a department or King County 'to meet the annual dollar utilization goals established from time =o time by this c~apter eh&il not constitute grounds for a lawsuit against a department or the county, provided that the department or the county haB made affirmative efforts to meet those goals. The failure of a depaz~mgnt to meet the requirements of this chal~cer shall be reviewed by the King Count7 executive end corrective action taken whets appropriate. (Ord. 7789 ~ 3, 1986z ord. 5983 $ 4, 1982). 4.18.0S0 trtilize%ion recluirmente, general. In order to moeC the utilization goals established in accordance with this chapter, effete including but not limited to the following shell bm made~ 1. Under the auspices of the dire~cor, the administrator shall begin lmmedia=ely to design a technical al~lsc~co ~d outreach progr~which sh~l established by April 1, 1992. This progr~shalL in=lude ~he following a. A county-wide, ~dua=~ide, ~l~ly-ocheduled conCracCor orientation progr~ to promo=e c~pll~ce with a~d understanding of the provisions of this chap=er and King Coun=y Code, Chap=er, b. Feasible o~ions fo= bonding, insurance, and banking assistants for minority-o~ed and women-o~ed c. A county-wide progr~, designed to assist depa~men=s in enh~cing oppor=unities for minority-o~ed and w~en-~ed businesses; d. A fully-deve[oped and maintained resource lis~, to include available resources ssa=e-wide for minority-o~ed and women-o~ed e. Such other progr~ o~ions as would te~e ~o assist minority-~ed and women-o~ed businesses in overc~ing th= b~riers of pas~ and discr~ina=ion. 2. Prior 2o entering into any contract, ~he contract a~.arding a. Make affi~ative effete to soli=lt pro~sais from minority/~n's b. Ex~ine alta=natives for arranging contrac=s by size and t~e of work so as to enhance the possibility of pa~i~ipa~ion by minori=y/w~en's (King County 12-92) 145-8 M~NORITY AND WOMEN'S BUSINESS 4.18.050 3. Prior to submitting any bid, proposal, or other rss~onse..=o a solidi=arian for which subcontractors may be used, responding parties e~ali make good faith affirmative efforts to contact, solicit bids and proposals from, and use m~nori=y/women's businesses. 4. The following shall be included in the body of the contract document in any and all contracts signed be=ween a con=fao= awarding authority and contractor: a. A provision indica=ing that this chap=er is incorporated by re~erence into any and all King County contraote end failure =o comDly with any of the requirements of the chap=er by a con=fac=or will be considered & breach of con=fac=. b. A requirement that during =he tez~ of the contrac~ the shall comply with, as to tasks and pro~iona=e dollar ~un=s t~oug~o~= the ~e~ of the contrac=, all remitments for =he use of minority/~n,s businesses. In the absence of a waiver, minority/~en,s businesses which for any reason no longer r~ain associated with the con=rat= or the contractor be replaced with other ce=rifled minori=y/women'm businesses in acco=~=m with procedures es=ablished by the a~inis=ra=or. c. A provision prohibiting any agre~en=s between m responding and a minority/women's business in which the minority/women's business no= to provide subcontracting ~o=a=ions =o other responding or responding pa~ies. d. The retirement of maintenance of teleran= reuords, and info~tion necessary to documen: c~pkiance with this chap=er and the utilize=ion of minori=y and w~en's businesses in its overall public ~ business ac~ivi=ies, an~ shall include the right of the counCy to inl~ such records. This shall be impl~ented no later =hen April 1, 1992. e. A provision re~iring the pa~ent of specific li~ida=e~ d~g~s the even= a contractor fails to perfo~ a c~ercially-useful function opera=es as a broker, front, conduit or pass-through, with the ~unt of ll~dated d~ages est~lished in advance by the depa~ment of a~inistra=ion based on the t~e of contract involved. The provision should include the following language: T~e purpose of King County's minority/~n's business ordinance is to provide a prompt r~edy for the effects of pas= discr~ina=ion. The coun=y in general, and this progr~ in particular, are d~aged when a con=tact, or per=ion of a contract, to be perfo~e~ by a mlnori=y/women's business is not ac=ually pe=fo~ed by a minority/~en,s business enterprise in compliance with this chapter. Because the actual of such d~age is not reasonably calcul~le, the pa~ies agree and stiDulate that li~idaCed d~ages of $ fairly est~a=e the ~oun= re~ired to compensate the county for resulting delays in carrying out the purpose of the progr~, the cos=~ of meeting utilization goals t~roug~ additional centrals, the a~inistrative costs of investiga=ion and enforcement and other d~ages and costs caused by the violation. (ord. 10049 ~ 1, 1991: o=~. 9609 ~ 5, 1990~ or~. 8~13 ~ 2, 1987: Ord. 7789 ~ 4, 1986: Ord. 5983 ~ 5, 1982). 145-9 (King County 12-92) 4.18.060 RE%rENUE AND FINARCI~tL REGULATION 4.18.060 Utilization requAreeante, specific. A. In order to ex~ite achieving of the utilize=ion goals es=ablished in accordance with this chafer, the following utilization requiremen=s shall apply to all competitive bl~e end other responses to solicitation: 1. For all purchasing, service, and concession contracts and architectural and engineering contracts, consultant contracts and cone=ruction conUrac=s under ten ~housand dollars, the director, with the advice of the a~ministrator, shall determine a percentage factor appropriate to offset the effects of diecrLmination in the industry involved, which percentage shall be used in determining which responding party is the lowest responsible bidde= or beet proposal: a. Responding parties whose bids are within the percentage facto~ of the beet proposal or the bid made by the lowest bidder shall be following order: First, minority/~med~'h--buainesaee which will perform the entire unassisted and those minority/women,s businesses which will exclusiveky usm minority/women's businesses aa subcontractors, suppliers or in similar aaeieting roles to the ex=ant set forth above. second, minority/women's businesses which alone or aa part of Joint ventures serve as the prime contractor where minority/women's business par~icipation ia a: Isaac =wen=y-five percen= of the dollar value of a contract; Third, non-minority/non-women's businesses which uae minority/women,s businesses as subcontractors, suppliers, o= in s~ilar aaeisting roles in ae amount equal =o at least twenty-five percent of the contract amount. Fourth, non-minority/non-women's businesses which do not use minority/women's businesses aa subcontractors, suppliers, or in similar roles to the extent set forth above. b. AIl responding parties within each particular ranking shall be grouped according to the amount of their bid or the evaluation score of their proposal ae detez~ined by the awarding authority, with Iow bidders and higher scoring proposals receiving the highest priority. The lowest bidder or higher scoring proposal within the highest ranking category shall be awarded 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 costs; (3) Standard industry profit margins; (4) Availability of M/WBEs to perform as retailers, distributors, wholesalers and manufacturers, by commodity area; and (5) Other per~insn= facts. d. Generally applied percentages shall be determined by commodity are&, and these percentages shall be implemented by April 1, 1992. 2. For every construction, architectural and engineering, and consultant contract the following set aside requirements shall be metz (King Councy 12-92) 145-10 sbrv~ce~, the estUna=ed cost of which exceeds ten thousand dollars, shall r~ire responding paL'~ies to include in their res~neee to eoltci=a=lon Both m~ority and women's busLn~ss pa~icipa=ion in ~he con=rat= in a percen=age which for eac~ con=rat= baaed on =~e ex=end of subcon=rac=ing oppo~uni~ies b7 the conCrac= and =he avail~illty of minori=y and w~en's business ~alified =o perfo~ such sutton=fac=lng work. Such percen=agee may be higher b. ~ere a con=rat= is awarded =o a minority or w~en's business which of =hess subsections shall hOC a~ly. c. A8 par= of tho bid or pro, mai package, all rom~nding P~ios identify the dollar ~oun= ~d/or percentage value of minorl~y/w~en,e parcicipa=ion. Ail responding pa~ies shall a~so iden=ify =he minority/women's businesses Co be used in perfo~ing =he conCrac=, specify~g for each =he dollar and/or percentage value of the pa~icipa=ion, the =~e of work co be perfo~ed, and ocher info~acion as may reason~ly be re~ired to =~e responsiveness of the bid or proposal. d. During =he ce~ of =he concrac=, an~ failure Co comply with percen=ages of minority/women,s business pa~icipa=ion re~ired for =he bid or proposal shall be considered a material b~each of conCrac=. The doll~v~ue of ~he Co=al contract used for the ca~culation of the ee~-aeide shall be or decreaaed to reflec= exes=ed change orders unlessz (1) a waiver is obtained in accord~ce with K.C.C. 4-18.070A. after consul=a=ion ~ng =he concrac=-awarding au=hority, =he direc=or ~ the conCraccor~ or - (2) the depa==men= ob=ains a reduc=ion in =he ~oun= of the eec according Co =he procedure in K.C.C. 4.18.060B. el=her or bo=h minority business en=e~risee or women's business en=e~risee or in ~he percen=age fac=or =o be applied under the ps=ten=age preference m~hod, ~y submi==ing =he reason~ =herefor in writing ~o ~he direc=or. i. The direc=or, wi=h =he advice of the a~inis~ra=or, may g=an= such a reduc=ion upon de=e~ina=ion a. The reasonable and necessa~ re~iremen=s of the con=fac= render subcontrac=ing or ocher parcicipa=ion of businesses ocher than the bidder or proposer infeas~bl, ac the adopted goal leveks; or b. Qualified minori=y and women's business ente~rises cap~le of providing the goods or semites re~ired by the contract, are unavail~le in the market area of the project, despite every feasible a=temp= to loca=e appropriate minority and women's business en=erprise8 to meed adop=ed goals. c. The available minority and/or women's businesses have given price ~oCes which are unreasonably high in tha: they exceed compeci=ive levels beyond ~ounts which can be attributed to cover costs inflated by the present effec=s of discr~inacion. 2. Any reductions in set aside ~ounc granted by the director shall specify the ~oun= to which the se= aside has been reduced. 145-11 (King County 12-92) 4.18.O60 - 4.18.070 P~NUE A/~D FINANCI~ REGU~TION C. Where this Section 4-18.060 specifies that a se= aside or a percentage fac=or shall be used for a particular type of contract, the method specified is the preferred method for achievLng the utilization goals. A doper=meet may'uso the o=~er method in its sokicitation documents for a specific contract if determines that a mo=hod other than the one established by this Section 4.18.080 will be a more feasible mo=hod of achieving =he annual utilize=ton goal. In the event that a doper=men= chooses to uae a method other than the one specified in this Section 4.18.060, it shall include in its a~nual report to the executive ae required by Sen=ion 4.18.080 D. of this chap=er, documents demonstrating that a method other than=he one established by this Sec=ion 4.18.o80 is a more feasible me=hod of achieving the annual utilization goal. D. Ail sOlidi=etlon documents shall inolude =he applicable requiremon~:~of sec=ions 4.18.050 and 4.18.060. In addition, documente shall include a prohibiting any agreement between a reeponding party and a minority/wo~en,s business in which tho minority/women,s business promises not to subcontracting quotations to other responding or potential reeponding Bids, proposals, and other responses which fail to meet the rec/uiremen=s of thio section 4.18.060 shall, within the limitations of federal and state law, be deemed non-responsive unlese a waiver has been granted pursuant to 4.18.070 of this chap=er. E. The percentage factor and set aside rec/uirements of this 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 ac~ninistrator, to have met the applicable county utilization goals aa established by this chapter. The percentage factor and provisions of this Section 4.18.060 shall again apply in each succeeding calendar year until the annual u=illza=ion goals for that year have been me= by the contract awarding authority. F. For tho Kingdoms food and beverage concession contract, the set aside me=hod of aohieving utilization goals shall apply. G. The requirements of this Section 4.18.O60 shall cease us apply contracts awarded by King County and its depar~en=e on December 31, 1997, unless reenacted by the King County council. (Ord. 10679 ~ 1, 1992: Ord. 10049 ~ 2, 1991: Ord. 9609 ~ 6, 1990: ord. 8937 ~ 4, 1989: Ord. 8313 $ 3, 1987~ Ord. 7789 ~ 5, 1986: Ord. 7512 ~ 2, 1986: Ord. 5983 ~ 6, 1982). 4.18.070 Waivers. Contract awarding authorities, along with or on behalf of responding partiej and contractors, may apply for waiver of one or more requirements of tb~s chapter as they apply to a particular contract or contra=~e. A. Waivers may be granted by the director, with the advice of the administrator, in any of the following circums=ancee~ 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. 4~E1, 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. Emergencies, in which case emergency contracting shall be handled in accordance with the r~quirements of Ordinance No. 4551, K.C.C. 4.16.0~0. 3. con==acts for which neither'a minority nor a women's business is available to provide needed goods or services, in which case a waiver ma~ 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/wo~n,e 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 but not limited to municipal corporations, consort£ums 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 Decause of a responding par=y'e non-profit s=atue, ownership of the corporation or other entity cannot be deteZ~n~ned. HOWever, solely with the exception of contracts between King County and cities and towns where King County is the grantee for federal or state funds palled through to such ju~isdictions, the waiver shall not ex, end to those profit-m~ing conCrac=ors which contract with the referenced responding par~iee. S. When available minority and/or w~n's businesses have given price quotes which are unreasonably high in that they exceed con~pntitiva leveLs Myond amounts which can be attributed Co cover costs inflated by the present ~'f~ects of discrimination. As a con~iti~n of granting any waiver, the director may require Chat contractors or the contract-awarding authority make affirmative effoL~cs to utilize minority and/or women's businesses in the contract. B. Where the executive determines that the reasonable and necelsary requirements of a contract render suboontracting or other paz~icipatiun of businesses other t~an a responding par~y unfeasible, he/she may grant a waiver from the sec aside provisions of this chapter; PROVIDED THAT, the waiver shall not be granted after the solicitation request has been publicly released by the contract awarding authority; PROVIDED ~=~u~R THAT, the solicitation specifications shall state that the waiver has been authorized and that solicitations received, proposing subcontracting or other par~icip&tion of business other than the responding par~y, shall be rejected as non-responeive~ PROVIDED FURTHER THAT, following award of the con=rat=, should subcontrac~cing or par=icipation of businesses other than the responding par~y become necessaL-y, the previously authorized waiver shall be null and void. The contractor (original responding party) shall solicit both minority and women business par~icipation in a percentage which equals the contract awarding authority,s annual goal. C. Where the executive determines that oompliance with the requir~n=s 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 Cuunay council determines that the waiver does not meet the standards of this section, the King County council ~y by motion, within ten working days of the receipt of the notice determine the waiver to be null and void. (Ord. 9609 $ 7, 1990: ord. 8937 S 5, 1989: Ord. 5983 $ 7, 1982). 4.18.080 Monitoring, repo,-ting, and enforcement. A. The county executive, through the administrator shall have the responsibility for monitoring implementation of the requirements of this chapter and shell 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 record~ regarding compl3, ance with this chapter. The records shall include the dollar ,,slue and t~e subject matter of each contract along with the name of the contractor, the participation levels {in dollars, number of contracts awarded, and ty~e 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) 4.18.080 REVENUE AND FINANCIAL REGULATION C. The administrator shall be responsible for gathering all information concerning compliance with this chapter and shall have aoceee to all 9er~inent King courtly records. D. With the assistance of the administrator each department shall utilization goals required by =hie chapter on or before March 15Ch of each year. This report shall include the number ~nd dollar amount of contracts .swarded, by contract category and the dollar amount and the percentage of minoriCy/w~en,e business participation by contract and contract categoz7 and by n,,mhSr Of Set-- aside contracts, percentage preference contracts, contrac=e requiring affirmative efforts, and contracts for which waivers were granted. The rspo~ shall also identify problems in meeting the requirements of this cha~ter, if any,~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 effeots of the provis'ions of this chapter in order to assure, insofar as is praetioal, that the remedies set foz~h herein do not diepropor=ionatsly favor one or more raeial or ethnic groups and that the remedies do not remain in effect beyond the point that they are required to eliminate the effects of discrimination in the local contracting industries. To the ex~ent further a~en~ments to this cha~er are required to effect these ends, tho administrator shall prepare appropriate ordinances for the council's consideration. F. Cez~ification and Recognition Process. 1. Pursuant to chap. 328, Laws cf 1987, the Office of Minority and Women's Businesses of the State of Washin~on shall be solely responsible for cez~:ifying and dscsrtifying businesses. King County's minority and w~en's business entsz~rise program is only for minorities a~d minority women's businesses and com~lnation businesses es defined in K.C.C. 4.1B.010~ therefore the director through the administrator shall recognize only those combination minority and women's business enterl~rises or minority business enterprises certified by the State of Washing~on which mien meet the definitions of K.C.C. 4.18.010, according to minority statue information provided to King County by the office of Minority and W~en'e Businesses of the St&Ce of Washington. Businesses are only eligible for Wing County,e programs ~o long as they remain certified by the State of Waehing~on. 2. It shall be considered a violation of this chapter to obtain, or attempt to obtain, certifies:ion or the benefits of any provision of this chap=er, on the basis of false or misleading information, whether provide~ to King County or to the office of Minority a~ Women's Businesses of the State of Washing=on. 3. NO contract requiring or proposing minerity/wcmen's business participation may be entered into unless all minority/women,s businesses identified to meet the utilization goals by a responding par~y were, at the time the bid was submitted, certified by the office of Minority and Women's Businesses of the State of Washing~on and recognized by the director through the administrator as eligible to paz~icipate in King County's minority/women,s business program and the director through the administrator determines all identified minority/women's businesses appear able to perform a commercially useful function on that con=rat= ae proposed. Lists of certified and recognized minori=y/women's businesses shall be provided to all departments and made available to the public. 4. No business shall apply to King County in order to par~icipate in the programs established by this chapter. (King Coun:y 12-92) 145-14 MINORITY AND WOMEN'S 5USINESS ENTERPRISES 4.18.080 G. Where a complain= is filed w£thin 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 o~ a violation is discovered from information gained through compliance monitoring, the a~mtnis=racor shall cause to be sewed or mailed, by cez~lfied mail, return receipt requested, a copy of the complaint or notice of investigation on the respondent within twenty days after the filing of said charge and shall promptly make an investigation thereof. The investigation shell be directed to ascertain the facts concerning tho violation alleged in the complaint and shell be conducted in an objective and impar~ial manner. During the inves=igation, the administrator shall consider any statement of position or evidence with respect us =he allegations of t~e complaint which the complainant or tho respondent wishes co submit. 1. The administrator shell hove authority to sign and issue' subpoenas requiring the attendance and teet~un~ny of witnelsel, the production of evidence including but nsc limited to books, records, correspondence or do~um~ntl in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and col~ying al ia necelsm~,f for the inveltigetion. The administrator shall consult with tho prosecuting attorney before issuing any subpoena under this sec=ion. If an individual fails to obey a subpoena, or obeys a subpoena bur refuses to testify when requested concerning any matter under investigation, the a~minisCrator may invoke the aid of the King County prosecuting attorney who shall pec£tion to the Superior Court for King County for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall be accompanied by a cc~y of the subpoena and proof of Ee~vice, and shell sec foz~h in what specific manner tho subpoena hal not been c:o~lie~ wl~h, and shall ask for an order of the cou~ to c=~mpel the witness to eppea~ ~ testify or cooperate in tho investigation of the violation. 2. The results of the investigation shell be reduced to written findings of fact and a finding shell be made the= there either is or ia not reasonable cause for believing that e violation hal boon or il being c~it~od. If a finding is made that =here ia nc reasonable cause, said finding shell bo served on the complainant and responden=. Within thirty days after 0e~vice of such negative finding, the complainant shall have tho right to file a written request with =he administrator asking for reconsideration of tho finding. The administrator shall respond in writing within a reasonable time by granting or denying =he request. H. If the finding is made initially or on request for r£coneideretion that subcontractor has occurred, the a~ministrator shall endeavor to remedy the violation by conference, conciliation and persuasion, which may include mo~etary compensation, the creation of additional ol~rtunitiea for minority or womsn.s utilization on other contracts, or such other requirements as may lawfully be agreed upon by the parties and the administrator. Any set=lemon= agreement shall be reduced to writing and signed by both paz~iee. An order shell then be entered by the administrator se=ting fort~ the terms of tho agreement. Copies cf such order shall be delivered to all affected par~iea and the original thereof filed If no agreement can be reached, a finding to that effect shell be made by the administrator and incorporated in a preliminary order, with a copy thereof furnished to the complainant and the respondent. The preliminar~ order shall a~so include: 2. The basis for such finding. 145-15 (King County 9-91) ~.1~.080 REVENUE AND FINANCIA/. R~GULATION I. In the case of failure to reach an agreement for the elimination of a v~ola~ion, and upon ~he eh:fy of a prs~inary or~e~, ~he com~ain: an~ any all fin0ings maOe and remedies ordere~ 8ha~l be cercifie~ by tho =o c~e o~fice 6f the King County hem=ing ex.inet for A hearing sha~l be conducted by the office of the hearing ex.inet for the purpose of affi~ing, denying, o= mo~lfying =he prel~lna~ or,er. The hearing shall be conducted on the record and =he hearing ex.inet shall have such making and ocher powers necessary for conduc~ of tho hearing al are specified K.C.C. 20.24.150. Such hearings shall be conduc=ed within a reaeon~Le C~ afCer receipt of the cercificacion. W=l=Cen noCice of the =~e and place of the hearing s~all ~e given ac least ten days prior to ~he da~e of the hearing =o each affected party and to :he 1. TO call and ex~xne wLCnellel on any mattec reAevanc Co the the complainC; 2. To ln=roduce documenCa~ and physical evidence; 3. To - ' cross ex~xne Op~ling wiCneleel on any matter reXevanC ~o the issues of the complain=; 4. TO ~peach any wi=nell reg~lell of which p~y first called h~co testify; 5. TO re,u= evidence agains= h~; and 6. TO represent himself om ~o be represented by anyone of his Choice who is lawfully peri=ced =o do J. Following review of the evidence e~i==ed, Che he~ing ex~ner presiding a= the hearing shall enter wri=~en findings and coac~ul~onl and render a w=i==en decision and shall order one or ~re of ~he following~ ~. D~smissa~ of the c~l*~n= when a v~ol*=ion Ii found nec ~o occurred~ 2. Suepension o= c~cell~=ion of the contract in p~ or in whoLe~ 3. D~s~a~ificacion and/or deb~enc of the viol*~or from in county con=races ~or a period of up =o five ~l~l~ 4. Exclusion of =he v~olaCoc fr~ future con=races o= ven~ng until demonstration of comp~iancel S. Enforcement of an~ provis~on of the con=race providing remedies, such as penalties or li~ida~ed d~agel for ~iol*~on of conccaccua~ 9cov~lonl, oc enforcement o~ any ocher =emedy av*il~le under the ~awl of King County. U~n a finding by =he hearin~ ex,inet cha=a con=racCor has in facu fa~led ~o perfo~ a comecciall~ ~sefvl function oc h~l opera=ed al a b=oker, ~ronc, conduit or pass c~rough business, lipide=ed d~age8 8~cified in =he concr'~cC shal~ be imposed unlell =he heicing ex,inet findl ~h~ ~l~oa of 8uc~ dmgel wou~d be clearly ine~iC~le, in which C~ll =he hearing ex~Lne= m*y order approprl,=e relief. K. If a ~inding is made chart Uhere is =iilOa~e c~use ~o believe ~ha~ a concracc-avlrding auUhoci~y h~l c~==ed a v~ola=Lon, =he finding shill be forwarded Co =he county executive, who shall review the evidence and shall o~er one or more of =he followingt 1. Dismissal of =he complain= when a violaCion is found no= Co have 2. Correc=ive personne~ accion~ 3. DiM~akificaCion and sui~nsion of au=hoci=~ of a~l m~e=~, any board, co~iss~on, o= other ~ody consci=u=ing the viola=ing concracc authority; 4. Enforc~en= of any ocher r~y avall~le u~de= the laws of King County. (King County 9-91) 145-16 MINORITY A~D WOM~N'S BUSINESS 4.18.080 - 4.18.095 L. Upon receipt of a written and signed allegation that a business owner is Lmprope~ly being considered to be, or has improperly been rejected as, a minority business or women's bueineee ae defined in this chapter, o= that a waiver or reduction of set-aside r~iremente has been improperly denied or gran=ed, or if such informa=i0n is discovered from info~mation gained through compliance monitoring, the director shall order that an investigation be ccnduc=ed by the administrator. The pendency of such allegations or of suUsequen= hearings on such allegations shell not be grounds to ~oetpone or restrain the award of any contracts then being adve~ised or for which bids have been received. If there is reaeon~le cause to believe that corrective ac~lon is warranted, the director will, upon ten days written no=ice to ali parties of whom he/she is aware, and upon pu~lloaticn of notice of the h~.~ing in the manner provided for the advertising of contracts, conduct a he~ng to determine whether or not the allegation is correct. The ha~lng shall be recorded and each interested paL-~7 shall have the right to call and examine witnesses, to produce document~ and physical evidence, to witnesses, and to be represented by anyone of hie/her choice lawfully to do so. The hearing officer designated by the director shall permit testimony to be given by any parties which would be directly affected by the ma,=er, and a repreeentative of the executive or agency conducting the investigation. After the hearing, the direr=or shall make findings and conclusions and shall order appropriate correc=ive mc=ion, if any. M. In addition to any other remedy available under the laws of King County and the State of Washing=on any peNeon, firm, corl~oration, business, um~on, or organization which prevents or interferes with or retaliates against a con=r&c~or and/or subcon=ractor,e efforts to cc#nply with the requirements of this ch&l~er or which submits false or misleading informs=ion to any King County d~=,m~nt or employee concerning compliance with this chapter shall be subject to a civil penalty of up to five thousand dollars for each occurrence, King County having previously complied with the notice and hearing provisions of this chillier. Each submission of false or misleading information shall constitute · separate occurrence. (Ord. 10049 S 3, 1991= Ord. 9609 S 8, 1990: Ord. 8937 ~ 6, 1989~ ord. 8313 S 4, 1987: Ord. 7789 ~ 6, 1986~ Ord. 5983 $ 8, 1982). 4.18.090 a""ual repor~ required. The administrator shall submit an annual repo~-c to the executive detailing performance of the program by April 15 of each year. This report shall be forwarded to the council no later than April 30. The repor~ shall {.nclude~ A. Statistics, and narrative where appropriate, demonstrating the utilization of minority and women's businesses by department, con=tact and the county, overall; B. Statistics, and narrative where appropriate, demonstrating the number and tyloe of waivers granted; C. Explanations of any investigative actions taken by office .of civil right~ 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 solutions; E. Recommendations, as appropriate, regarding amendments to this chapter; F. Proposed utilization goals, as necessary. (Ord. 9609 ~ 9, 1990c Ord. 7789 ~ 7, 1986: Ord. 5983 ~ 9, 1982). 4.18.095 Studies and recoemandatione graduating firms out of program. A. The office of civil rights and compliance ie directed to study and prepare a recommendation to the council on whether this chapter should be amended to 145-17 (King Count~ 12-92) 4.18.095 - 4.18.130 KEVEN~JE AND FI:~ANci£~L REGULATION executive sha%l su6mi= such a recommendation by April 15, 1992. 8. Join= data base. The office of civil rights a~d compliance is dixec=ed to study and prepare a reconunendation =o the council on es=ablishmen= of & Join= availability and u=ilization data. The exeou=ive shall submit such a recommendation by April 15, 1992. (Ord. 10049 S 4, 1991= Ord. 9809 SS 10-11, 1990). 4.18.100 Authorization to implement p~cedures. The county execu=lve shall implement such forms, administrative processes, and operational procedures &e are necessary to comply with the provisions of this chap=er by February provided that such forms, processes and procedures shall be promulga=ed in compliance with Chap=er 2.98; Rules of Coun=y agencies, with the excep=lon the= administrative rules and regula=ione tel&ced to =hie chapter shall be for review by' the administra=ion and Jue=ice commit=es (or its successor commit=es) fifteen days prior to filing wi=h the clerk of the council, the provisions of Chapter 2.98 notwithstanding. (Ord. 8318 S S, 19871 Ord. 7789 9, 1986: ord. 5983 S 10, 1982). 4.18.10S Implemen=ation resouz~ee. This chapter shall be implemented within the current level of resources allots=ed to the office of civil rights and compliance. No additional staffing shell he considered unless the office of civil rights and compliance implemen=s =he coun=y auditor,s recomendatione =o s=reamline its operations and demons=rs=es the need for additional sC&fling through =he use of relevant workload indicators and appropriate analysis. (Ord. 9609 ~ 12, 1990). 4.18.1~0 E£fsct of ordinance, sca=us of eoi£citations. Each of the provisions of this chapter shall apply to ail con=reeVe for which a solicit&=ion is released after the effective date of th&= provision of this chap=er. (Ord. 8318 ~ 6, 1987: ord. 7789 ~ 9, 1986: Ord. 5983 S 11, 1982). 4.18.115 E£fective date. Sec=ions 4.18.010 and 4.18.080 of this chap=er shall take effect on January 1, 1988. All ocher sections of this chapter shall cake effe¢= as provided in the King Coun=y char=er. (Ord. 8313 ~ 7, 1987). 4.18.120 Severability. The provisions of this chapter shall be effective in all cases unless otherwise provided for by State or Federal Law. The provisions cf this chap=er are separa=e and severable. The invalidity of any clause, sen=enos, paragraph, subdivision, sec=ion, or portion of this chap=er or the invalidity of the application thereof to any person or circums=ancee shall not affect =he validity of the remainder of this chapter, or the validity of its applies=ion to other persons or circums=ances. (Ord. 8313 S 8, 1987: Ord. 7789 ~ 10, 19861 ord. 5983 ~ 13, 1982). · 4.18.130 Study and report. The county execu=ive is au=horized and directed to enter into a contract with a qualified consultant to study the diacrimina=ion against minority and women's businesses in =he market areas from which King County draws con=rat=ors and to recon~end any appropriate changes in Kl£g Counly's minority ant women's business program or other ordinances. The county sxecative shall report the results of Chis study to the county council on cr before August 31, 1989. (Ord. 8937 6 8, 1989). (King Ccun=y 12-92) 145-18 I0 ]~ 15 16 17 18 19 20 21 23 24 26 27 28 29 30 31 52 33 C ~.J.cl lntroclucca Bi ~on Sims Propos¢~ No. ~3-663 AN ORDINANCE relating to the county's mlnonty and women's business enterprises program, repealing Ordin~mce 5983, Sectmns I. as amended. 2.4, as amended. 5, as amended. 6. as amended. 7. as amended. 8, as amended. 9. as amended, o.nd I0. as amended, Ordinanc= 9609, Sccuons 3 (pm'Il, 4. 10 and i ~. a~ amended, and 12, Ordinance 8937, Section 8. and Ordinance 8313, Section 7. and K.C.C. 4, I 8.010, K.C.C. 4.18.020, K.C,C. 4.18,030. ~,.C.C. 4.18 040. K.C.C. 4.18,050. K.C.C. 418.060. ['(..C.C. 4.18.070, K,C.C. 4.18,080. K..C.C. 4,18.090. K.C.C. 4.18,095. K.C.C. 4.18.100, K.C,C. 4.18.]05, K.C.C. 4.18.115 and K.C.C. 4.18.130. and adding new secuons to K.C.C. 4.18. BE IT ORDAINED BY TRE COUNCIL OF KING COUNTY: S~T. LO..~._].. Ordinance 5983. Sections 1, as amended. 2, 4, as amended. 5. as amended. 6. as amended. 7. as amended. 8, as amended. 9. as amended, and 10. as amended, Ordinance 9609. Sections 3 (pan), 4, I 0 and I I, as amended, and 12, Ordinance 8937. Section g. and Ordinance 8313. Section ?. and K.C.C. 4.18.0 [ 0, K.C.C. 4.18.020. K C C ,I 18,030, K.C.C. 4 18.040, K.C.C. 4.18.050, K.C.C. 4.18.060. K.C.C. 4.18.070, K,C.C 4 18.080. K.C.C. 4.18.090. K.C.C. 4.18,095, K.C.C. 4.18,100. K.C.C. 4.18.105. K.C C 4 ) 8 1 ] $ and K.CC. 4.18.I 30 are hereby repealed. NEW SFCTION SECTION 2. There is added to K.C,C. 4.18 a new section to read as follows: 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 ot conflict, the specific definition spelled out below shall presumptiveb,, but not conclusively, prevail. A. "Admimswator" shall mew the manager of the minority and women's business enterprises and contract compliance 7 9 I0 [I ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 bus~ness contracting C "Affirmattve E~orts' shall mean ma. king ;'tgorous, documcnlcd attempts m good county residents such as legal public defense, mental hc. aith. a.nd drug and alcohol E. "Architectural and En~,ineering Contracts" shah mean contracts for the performance ofarchitecrural and engineenng services by licensed and registered firms and business v.'ith the coumy. G "Certification ' shall mcan the process by which the Office of MinoriW and Women's Businesses o£ the State of Washington determines a business meets the criteria combthat~on minority and women's business enterprise as set forih in WAC chap. 326-02 _and WAC chap. 326-20. H. "Combination Minority and Women Business" means a business certified as a combinatton minority and womens business emerptise by the Office of Minority and Women s Businesses of the State of Washington which is 50% legitimately owned and t. "Commercially Useful Function" shall mean the performance of mai and act~.tal services in the discharge of any comractuat endeavor. 'i'he contractor must petfon'n a 2026 7 2. Whether the business actually performs, manages and supervisos the work for 8 which ~I is being/has been certified: and 9 3. Whether the business purchases goods and/or scrvmcs from a non. [ I contractor, or other person doing business with thc county ['or the purpose of allowing. ] :2 those goods to be counted towards fiJlfiJlment ofmthonty/women's business cntnrpnsc 13 utilization goals. ~ 4 J. "Concession Contracts" shall mean those contractual arrangements for the sale of I 5 Food, beverages and/or items of personal property at any facili .ty owned and/or managed by 17 K. "Conduit" shall mean a minority/women's business with which a con~'actor has 20 L. "Contract Awaiding Authon~" shall mean any person with the power to enter 21 into a contractual arrangement binding the county, and shall also mean the particular office. 23 include, but shall not be limited to heads of county deparmaents, divisions or o~ccs. 24 M. "Contractor" shall mean any person, pannership, corporation, or other type of 25 business entity which has a contract with the county, or se~wes in a subcontracting capamty 26 with an entity having a conu'act with the county, for the provision of goods and/or services, 28 services and public work. 29 N. "Department' shall refer to any department as defined by county ordinance or 30 other applicable taw and shall include ail county agencies not associated with a depanmem. 7 8 10 II ~2 14 16 17 18 ~9 2O 21 22 24 26 .,28 29 3O 12026 and shall ~nclud¢ the coun{¥ prosecuting atlomey, the county assessor, and the count,',' · P "Front" shall mean a business which purports to be a minonty~w0men's business but which is actually owned and/or controlled in a manner which is inconsistent with the requirements of certification. Q. "Joint venture" shatl mean an association of two or more persons, pannerships. corporations or any combination of them, established to catty 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 as a member of tbe 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 venturo shaJl be bascd on the shanng of real ecoooroic interest in the venture and shall include proportionate conu'ol over managemenL interest in capital acquired by the joint venture, and interest in earnings. R. "Legitirnateiy Owned and Controlled" shall mean for the pta'pose of determining whether a business is a "minority business" that minorities shall possess: 1. Ownership of at least ~fty.-one percent interest in the business, unless the minority business qualifies as a corporate sponsored dealership under the provisions of WAC 326-02-030. The ownership shall be mai and continu/ng, and shall go beyond the pro forma ownership of the business reflected in the ownership documents. Tho minority _owner(s) shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their ownership inter=si.s, a.n demoustsatad by an examination of the substance, rather than the form. of arrangements. 2. Control over management, interest in capitai, interest in profit or loss and contributions to capital, equipment and expertise on which the cia, Lin of minority-owned stems under this chapter is based. The minority owners must possess and exercise the legal power to direct the mana$cment and policies of the business and to make day-to-day as 4 ~0 12 13 14 15 [6 ~7 19 20 21 22 23 24 25 26 27 28 29 30 12026 The reqmremems of this suvsectmn R.2. shall not apply, if the mmomy bus~ness qualifies as a corporate sponsoren aealersh~p un0er the prov~smns of WAC 326-02-030 3 Ownership an." control shall be measured as though not sur~]ect.to thc a. Only one spouse pamc~pates in the management of the business: b The nonpar~mtpanng spouse relinquishes comrol over his/her communn;, S. "Metropolitan functions" shall mean those fimctionls) authorized by RCW 35.58.050, approved by the votem;and assumed by the county pursuant to RCW 36.56.010. T. "Minority Business" means a business certified by the Office of Minority and Womeffs Businesses of the State of Washington as a minority business enterprise which is legitimately owned and controlled by a minority person or persons as defined in this section and which has previously sought to do business in King County. The execuuve ~s authorized 1o determine that specific racial groups have not been discriminated a_emnst in their ox~nership anckor operatmn of pamcular trades or areas of business in King County. The execuuve may exclude such businesses fi'om considerauon as "minority businesses" ~L~ promded in Section 9 of this ordinance. U. "Minoray or Minorities" means a person who is a citizen or lawful permanent resldenl of the Uniled States and who ~s a member of one or more of the following historically disadvantaged racial groups: I Black or African American: Having origins in any of the Black racial groups of Africa; .2. Hispanic: Of,Mexican. Puerto Rica.n. Cuban. or Central or South American 5 I0 I 12 13 [4 15 16 17 Ig 19 20 2I 22 23 24 25 26 27 28 29 12026 East. boutbeast As~a. the tnd~an subcom~nent, or the Pacific Islands: or 4 American indian or Alaskan Native: Having ortgtns m any of lhe original peopies of North Amer:ca. The executive shall have discretion to make a final decision as ~o whether an individual is a mmor~!y V "Nonprofit Corporation" shall mean a corporation organized pursuant to RCW Ch..24.03. tn the case of nunprofit corporatmas organized under the laws ora state other than Washington. a nonprofit corporation shall mean one organized for one or more oftbe purposes set forth in RCW 24.03.015 and meeting the definitions in RCW 24.03.005. W. "Pass-Through" means buying or obtaining goods from a non-women s business non-minority business or non-combination women/minority business, and reselling or transferpng those goods to the county, county contractors or other persons doing business with Ih¢ county for the purpose of obtaining any advantage or benefit conferred under this chapter, without performing a commercially useful f~nction. X. "Percentage Factor" shall mean the special ranking factors established by this chapter to be applied in cer',.~in competitive bid situations where minority/women's businesses respond to solicimtian or ara included as subcontracts in responding parties' responses to solicitation. Y. "Public Work Cona'acts" shall include all work, construction, alteration, repair. or improvement other than ordinary, maintenance, executed at the cost of the county. 7. "Responding Party." shali mean any person, parmership, corporation or business _entity which rn~kes a proposal as defined in this chapter in response to a solicitation as defined in this chap[er. AA. "Service Contracts" shall mean ~hnse contractual an'angemems made for the procurement of all services including expert personal, professionaJ. [ecl~nical, and consultant servtces. Consultant services shall include legal services provided to the county but shall not include architectural and engineering cona'acts as defined by this chapter. 6 12026 provision o£any one or more o£ thc following: goods and services o£any kind. equipment I I EE. "Tangible Personal Property Cont;acts" shall mean, but not be limited to. those I 2 contracts which are awarded by the county for the purchase of equipment, supplies, [3 materials, goods and rolling stock (revenue producing buses, vans, cats. rallcars, 15 FF. "Utilization Goals" shall mean those separately designated annual goals for the I $ These goals shall be applicable to businesses organized for profit, along ~ith gover.~rl~elltaj --.O or in accordance with the provisions of this chapter. -~l GO. "Utilization Requirements" shall mean those efforts which the responding 23 goals, including but not limited to thc percentage factors and set aside requirements 24 _established by this chapter. 25 HH. "Violating Par~." shall mean a person or entity, which has violated a provision 26 or provisions of this chapter. 28 contaimng reasons why any provision or provisions of d~is chapter shall not apply to a 7 _, 6 7 8 9 II 12 I3 14 15 16 17 ~8 19 2O 21 22 23 24 25 26 27 28 29 30 12026 JJ "Women s Business means a business ce,lifted by me Office of Minomv and and operation of particular trades or areas of bustnass in King County. Thc c,xccutive may exclude such businesses from consideration as 'women's businesses" under this chapter, in connection with contrac~ involving such trades or areas of business, according to the procedure provided for in Section 9 of this ordinance. NEW SECTION. SECTION '~ There is added to K.C.C. 4.18 a new section to read ~ follows: Powers and dul:ie~. A. In addition to the powers and duties given to the executive elsewhere in this chapter, the executive shall, through the adminisu'ator, have responsibility for administering, momtoring and enforcing the goals and requirements identified in this chapter. B. The admthislrator shall: i. Establish raids, regulations, and procedures for implementing and administenng this chapter; 2. Recommend to the executive annual utilization goals for the county: 3. ltave the authority to enter into cooperative agreements with other government agenc~as concemecl with increasing the panicipalion of minority/women's b~in~ses in 4. With the advice of contract awarding authorities, formulate and t:~iociically update a plan to make nunority~womeffs businesses aware of con~xacting opponumties with (he county; and 5. Review all county solicitation lists and where possible, place mthonty/women s businesses on such lists. These lists shall be ug, d,,!,d periodically. NEW .~ECTION SECTION ,I There is added to K.C.C. 4.18 a new section to read as follows: 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 -.28 29 3O 12026 Utilization ~oals. Upon tnt com0ielmn of the alsparlty study called Jar in L)rdmancc approval proposed utiliZanon goals for the county £or the following three year parred Separate m~lizauon goals snail be established for the use of minority businesses and for The use of women s businesses. These utflizatmn goals shall be established separately f'or each The utilization goals shall be transmmed wi~h the minority and women's business enterprises and contract cnmpliance division's annual report to the council for approval. Exisung utilizatmn goals shall remain in effect until newly submitted ones receive final council approval. A. The utilization goals shall be reasonably achievable. To the extent that relevant informgtion is available, the utilization goals shall be based on the foIlowthg factors: I. By contract category, the number of firms certified by th~ State Office of Minority and Women's Business Enterprises, seeking to do business with the county as 2. By contract category, the total number of firms seeking to do business with 3 BY cataract category, the geegraphic area of competition; 4. By contract category, the capacity andior capability of certified minority and ~,omen's businesses seeking to do business with the county compared with the capamW anduor capabiliry of non-minority and non-woman's businesses seeking to do business with 5. By contract category, the number of mthorities and women with requisite skills in related occupanons; 6. By contract category, the affirmative action goals for minorities and women related framing, educational fields, and occupations: 0 IO II 12 14 15 17 19 2O 21 22 23 24 25 26 27 28 12026 compared to non-m~nonty and non-women s businesses. B Th: Iollowmg goals shall be the annual goals lbr ail departments until such Contact C~let, orv ~ V~BE~/~ . Architecture/Engineenng 1 7% 10% Concessions l 0% 5% Public work 14% Semite 6% 15% T~gible pe~onal prope~, I 0% W -. ~e~ is added to K.C.C. 4.18 a new section to read. as follows: Aeeompl~hment of util~fion goab. A. For all con~m, accomplis~ent of utili~tion goals established by this c~pt~ sh~l be ~ on ~e doll~ ~o~t of the con.ct m question. Accomplisher of the goals s~l ~ ~eul~ed in ~e following I. Gene~l - ~e doll~ ~atue of~y ~d ~1 eon~m a~ by a con.et awning amhon~ to a minonty/womeffs business sh~l be co.ted to~ accomplis~ent ol the applicable utili~tion goals. a. ~e Io~l doll~ value of each con~ct a~ded to busin~ses o~ed ~d con.lied by both minority mal~ ~d non-minofi~ fe~les s~l be appo~on~ on ~e b~is of the ~entage of o~emhip to ~e utili~tion go~s for minofifi~ ~d ~men ~fively, b. ~e total doll~ vflue ora con.ct ~ a mino~/~m~'s b~iness o~ed ~d controlled by minon~ wom~ s~l be eider eo~ted to~ ~e minon~ ufil~tion goal or the goal for women, or ap~nion~ on ~e b~is of o~e~hip ~n m~onties ~fl 10 ? ~0 12 13 14 t5 16 17 18 2O 21 22 23 24 25 26 27 28 20 12026 ulilization goals. a. expenditures for materials and supplies obtained from minority/women's the actual and contractual reS~nsibility, for the provision of the materials and supplies: Ihat ~s. a supplier that produce~ goods from raw materials or substantially alters them before business supplier performs a commercially usefi~l function in the process. 5 Brokers - Fronts - or Similar Pass-Throueh An-aneemenl.~ . Businesses actmg as brokers, fi'onts, conduits or similar pass-t~ough arrangements shall not be certified as pracllce and the broker performs a corrtmercially useful fxmction. Such businesses shall be sub.~ect to the penalties enumerated in this chapter. B. The administrator shaJl calculate the accomplishment of utilization goals for the Il 6 7 8 l0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 12026 estabhshed Irom time to t~me by [h~s chapter shall not constllLIt¢ grounds tbr a lawsmt against ellbr~s ~o meet those goals The failure ora department to meet thc reqmrements ofth~s NEW SECTION. SECTION ~. There is added to K.C.C. 4.18 a new. section to read as follows: Utilization requirements, general. In order to meet the utilization goals established in accordance with this chapter, efforts including but not limited to the following shall be made: I Theacu'nm~stmtorshatldesignateshnica~a.ssista.nce. [~usiness development and outreach program. This program shall include the following elements: a. A count-wide, induslry-wide, regularly-scheduled contractor orientation program to promote compliance with and unde~ndthg of the provisions of this chapter and K.C.C. 12.16: b. Feasible opuous for bonding, insurance, and banking assistance for mmonty*owned and women*owned businesses; c. A county-wide program, designed'to assist departments in erd~ancing opportunities for minority*owned and women*owned busine~sns; d. A fully-devetop~:d and mamta.ined resource list to include a~l available resources state-wide for minority*owned and women*owned businesses; and e. Such other program options as would serve to assist roinotity-Owned and women-owned busthe:~sas in overcoming tile barriers of past and present discrimination. 2. In conjunction with tile adminislrator, each division wid~in eac~ department shall armually fon.'nuiate a plan for achieving the puq:mses of this chapter, which plan shall be submitted to the admiais~'atot for review, l:,.,-k_ plan should include a forecast of contracts to be administered by tile division, including esamates of the numbor, probable monetary value, if known, and type of con~racts to be awarded, and the esamated solicitaUon dates. In addition, each plan should include methods and suggestions for encouraging the development and participation by MWBs in such contracts. 10 II 14 15 t6 17 18 20 21 22 23 24 25 26 27 28 29 3O 12026 5. The following shall be Included in the body :~f the contract document In any and contract, all reqmremen~ for the use of minority/women's businesses. In the absence o£a businesses in accordance with procedures established by the administrator. c A provision prohibiting any agreements between a responding par6' and a mmonty,'women s business m which the mthonty~women's business promises not to provide _necessary to document compliance with this chapter and d~e contractors utilization of m~nonly a~d women's businesses m its overall public and private business activities, and shall include the right of the counry to respect such records. e. A brov~sion requtrthg the payment of specific liquidated damages in the broker, front, conciml or pa. ss-throuffh, with the amount of liquidated damages established in advance by the anmm~strator based on the type of contract involved. The provision should 13 2 7 8 9 10 II 12 13 14 15 16 17 19 20 '~1 22 23 24 25 26 27 28 29 1202 mclude 1he tOllow~ng ti~,nguage. Ibc purpose o( Keg CounD $ mmonty, women s c>rdmance ~s Id provide a prom¢l remedy for the effects of pa.st d~scnmmatton The counl~ m general and this program ~n Darltcular. i~'e damaged when a contract, or porllon of a contract. to de perlormed by a mmontyzwomen's busmess is not actually perlormed by a mmorlti,:women's busmess e~te~nse m compliance with K.C.C. 4 18. Because the actual amount of such damage ~s not reasonably calculable, the pa.~es agree and stipulate that liquidated damages equal to the dollar value ol'th¢ utilization by certified and recognized businesses lost to the county due to the violation, not to exoeed 10 percent of the dollm' value of the conUact, shall be the amount required to compensate the county for resulting delays in carrymg out the purpose of the program, the cosls of mm:tthg utilization goals tl~ough additional contracts, the adminisa'ative cosm of investigation and enforcement and other damages and co:sm caused by the violation. The contractor shall be liable to the county for such liquidated damages in thc evem th* conUacmr or a subcontractor fails to perform a commercialiy useful function and/or operates as a fi'ont, conduit or pass-du'ough, as defined in K.C.C. 4.18. NEW $~CTION SECTION 7. There is added to K.C.C~. 4. t 8 a new sectmn to read as follo',,¥s: Utilization requirements, specific. A. In order to expedite achieving of the utilization goals eslablished in accordance with this chapter, the following miiization requiremenls shall apply to all competitive bids and other responses to solicitation: I. For all langible personal property, service, and concession con"'ac~s and all ten thousand dollars, the administrator shall determine a pemenmg¢ factor appropriate to - offset the effects of discrimination in the industry involved, which pemcntag¢ shall be used in determming which responding part~, is thc lowest responsible bidder or best proposal: a. Responding I~a~ies whose bids arm within the perccnlag¢ factor of the best proposal or the bid made by the lowest bidder shall be ranked in the following order: Firm. minority/women businesses which ~iil perform th* entire conu'act unassisted and those mthonl2,,'twomen's businesses which will exclusively use 14 6 7 9 10 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 12026 businesses as subcorltr~ctors, suppliers, or in simiJar assisting roJes in an amount equa~ to at Fourth. non-minority/non-women's businesses which do rloJ use b. All responding pJ~'lies within each particular ranking s~ail be grouped according to the amount of their bid or the evaluation score of their proposal a.s determined by the contract awarding authority., with low bidders and higher scoring proposals recewing the highest priorit4:,. The lowest bidder or higher scoring pmpnsal within the highest ranking category shall be awarded the contract in question. c. In determining the pert:enrage factor to be used for a particular contracL the administrator shall consider the following factors: (1) Price differentials between MY'W'BEs and non-MW'BEs on prevrously- submined bids: (2) Standard industry costs; (3) Standard industry profit margins; (4) Availability of M/WBEs to perform as temlers, distributors, wholesalers and manufacturers, by commodity art, a; and (5) Other pertinent facts. d. Generaiiy applied percentages shall be determined by commodi .ty area. 2. For every public work. architectural and engineering, and service cona'act the following set aside requirements shall be met: esnmated cost of which exceeds ten thousand dollars, shall reqmre responding pames lo 15 9 10 I1 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 26 27 28 29 12026 ~h¢ contract m a pememage '.,.h~ch ¢(luals or ~cced$ the percentages determined for tnt ava~iabd~p, of minority and women s business enterprises qualified to perform such b. Where a contract As awarded to a minoisty or women's business which subsections shall not apply. specific minority/women's businesses to be used in performing the conwact, the dollar and/or percentage value of the participation, the work to be performed by each minority/women's business, and other information reasonably related to determining the requirements. In determining what information shall be submitted and when it shall be submitted, the admimsu'atot shall take into account the county's policies of maximizing opportunities for minoritytwomen's businesses, simplifying paperwork requirements for b~dders and proposers, and prohibiting bidders and proposers fi.om shopping bids. d. During thc term of thc conmtc~, any failure to comply with thc pemcntages of minon .ty/women's business parU~iparion required for the bid or proposal shall be considered a material breach of contract. The dollar value of the total contract used for the (1) a waiver is obtained in accordance with Section 8.A of tl'~s ordinance after consultation among the contract awarding authority, the adminis~'aror and the contractor: or 16 [0 12 13 14 15 16 17 18 t9 20 21 23 24 25 26 27 28 29 12026 a¢corutng to the procedure In Section 7 B of this ordinance. to be apphed under thc percent~age preference method, by submitting the reasons theremr tn wnung to the administrator. I. The administrator may grant such a reduction upon determthauor~ that: a. The reasonable and necessary reqmrements of the contract render inleas=ble al the adopted gon} levels: or b. Qualified manonty and women's business enterprises capable of providing the goods or services required by the contract, are unavailable in the m~ket aves of the project, despne every fe~ibte 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 arc um'easonably high m that they exceed competitive levels beyond amounts which can be attributed to cover costs inflated by thc prescm effects of discrimination. 2. Any reductions m set aside amount granted by the admthistrator shall specie' the a.mount to which the set aside has been reduced. C Where Section 7 of this ordinance specifies that a set aside or a percentage thctor shall be used for a pa.rliculat v,.'pe or' contract, the method specified is the preferred method for achieving the utilization goads. A department may use the other method in its solicitation documents for a specific conwact if it determines that a method other than the one established by Section 7 of this ordinance will be a more femthle method of achieving the annual ut'Jizatlon goal. [n the event that a department chooses to use a method other than the one specified in Section 7 oft'as ordinance, it shall include in its annual report to the executive as required by Section 9.D of this ordinance, doeuraents demonstrating that a method other than the one established by Section 7 of this ordinance ts a more feasible method of achieving the aunuai utdizanon goal. ]7 I0 II 12 14 I$ 16 17 18 19 20 22 24 27 28 6 7 12026 D All sollclJa[ton documents shall incJu(le the apphcabte reqmrcmenls of Sections 6 and 7 ot this o~'dlnance. In addition, documcn~ shall include a, prov~s=on prohibiting a.,ly agreement belween a responding par~y ~d a minomylwomcn's business mv, hich the responding or potential responding part~es. Bids. proposals, and other responses which fail to meet the requlremcnm o£Section 7 o£ this ordinance shall, within thc limitatlon~ of federal and state taw. be deemed non-responsive unless a waiver has been granted puxsuam to Section 8 of this ordinance. E. The percentage factor and set aside requirements of Section 7 of this ordinance shall not apply m contracLs awarded for thc remainder of any calendar year in which thc contract awarding authority is determined by the adminlst~tor to have met the applicable cotm~, utilization goals as established by this chapter. The percentage factor and set aside provisions of Section 7 of this ordnance shall again apply in each succeeding calendar year until the annual utiliZanon goals for that year have been met by the contract awaniing authority. F For the Kingdome food and beverage concession contract, the set aside method of achieving utilization goals shall apply. G. The requirements of Section 7 of this ordthunee shall cease to apply to cona'act~ awa~icd by the court ,ty and its departments on December 3 I. 1997, unless reenacted by the council. NEW SECTION. SECTION 8. There is added to K.C.C. 4.18 a new section to read a.s follows: Waivers. Contract awarding authorities, along with or on behnl£of responding parties _ and contractors, may apply for waiver of one or mom requirements of this chapter as they apply to a parUcular contract or contracts. A. Waivere ma)' be granted by the administrator in any of the following I. When the needed goods and services an: readily available fi'om only one som'cc, in which case the conlractthg awarding authorir,,, shall, in addition to the requirements contained in K.C.C. 4.16, submit a w'nuen justification of the: need for sole source treatment 18 5 6 8 9 10 11 12 13 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 12026 accorclance ~ ~th the requ~remtnts of K.C.C. 4.16. 3 Contracts for '.,.arch ncttber a romona,, nor a women s business ~s available [o provide needed goods or ser%'~ces, in which case a wa,vet may be appiicd for'in accoraance w~th procedures to be devetobed by the admthisu'ator. Prior to grannng a waiver, the administrator shall ccni~ that a minonty/women's business is in fact not available to provide the needed goods and/or seN'ices. 4. Contracts awarded to non-profit organizations, governments and governmental organizations including but not Limited to municipal corporatmns, consoniums and associations of governmental agencies or officials and agencies created by interlocal agreement, per RCW 39.34, or by operation of state or federal law; where because of a r~'ponding party's non-profit stares, ownership of the corporation or other entity cannot be determined. However. solely wi~ the exception of contracts between the county and cities and torres where the county is the grantee for federal or st,ate fimds passed through to such jurisdictions, the wmver shall not extend to those profit-malting contractors which contrnct with the referenced i'==pondmg parUes. 5. When available minority and/or women's businesses have given price quotes which are um'easonably high in that they exceed compentive leveis beyond anaounts which can be atmbuted to cover costs inflated by the present effects of discrimination. As a condition of granrmg any waiver, the edmthis'n'ator may require that corm'actors or the contract awarding authority ma~e affirmative efforts to utilize rmnority and/or women's businesses in the conrmct. a contract render subconuaem'~g or other panicipatinn of businesses other than a responding party unfeasible, hetshe may ~m-ant a waiver from the set aside provisions of this chapter:, PROVIDED THAT. the wmver shall not be grimed after the solicitation reques~ has been publicly rele~ed by the cont,"nct awarding authority; PROVIDED FUROR THAT. thc solicitation specifications shall state that the waiver has been authorized and that solicitations 19 10 ~5 ~6 ~? ~0 ~6 ~? ~0 12025 responding party, shall be rejected as non-responsive: PROVIDED FL'RTHER THAT. following awzrd ofth~' contract, should subcontracung or pamc~pation of businesses olhc~ than thc responding p~J'[:~' become n¢cess~'~,., thc previously authorized waiver snail be null ~Lnd void. The contractor Ionginal responding party.) shall solicit both mthonty and women goal. C. Where the executive determines that comptiancF with the requirements of this chaplet would impose an unwan'anted economic burden on, ot risk to, the county aa compared with the degree to which the pu~oses and policies of this chapter would be furthered by requiring compliance, he/she may reduce or waive the utilization requiremeots of this chapter:. PROVIDED THAT upon t~kin8 such action- the executive shall notifi/' thc members of the council in writing and FURTHER PROVIDED. upon receipt of the notice, it' the council determines that the waiver does not meet the standards of this section, the council may by motion, within ten working days of the receipt of the notice determine the waiver to be null and void. NFW F;~C"TIOI~ ~;~C'TION O. There is added to K.C.C. 4.18 a new section lo read o.s follows: Monitoring, reporting, and enforcement. A. The executive, through the administrator, shall have the responsibility for monitoring implementation of the r~clu~remenm of UUs chapter and shall have the power to request from depam'nents, responding parties ,and/or contractors any relevant records, information and documents. B. Concrect awarding authorities shall keep complete and detailed records regarding compliance with this chapter. The records shall include the dollar value and the subject matter of each conU'act along with the name of the conu'actor, the participation levels (in ~iollars. number of contracts awarded, and type of work), of mthori~/womens businesses where the contract award provides for participation, and other ir~ormation as the adminisu'ator deems necessary C. The admthistrator shall be responsible for gathering all information concerning compliance with this chapter and shall have access to ali pertinem county records. 20 2 4 6 7 8 I0 I 12 I3 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 [his chapter on or before March 15th o£ each year. This report shall inciud¢ the number ~.ncm affirmative efforts, and contracts for which waivers were granted. The report shall also identi~ problems in meetthg the requirements of this chapter, if any, and suggestions for E. Monitoring of Effects. The a,Zmthisu-ator ah.all establish procedures to collect is practical, that the remedies set forth herein do not disproportionately favor one or more racial or ethnm groups and that the remedies do not remain in effect beyond the point that they are required to eliminate the effects of discrimination in the local contracting thdnstnes. adminisu'ator shall prepa~ appropriate ordinances for the council's considerauon. F. Certification and Recognition Process. 1. Pursuant to Chap. 328, Laws of 1987, the Office of Minority and Women s Bu~thessea of the State of Washington shall be solely responsible for certi~ing and decerlif'ying businesses. The county's mtnonty and women's business enterprise program zs only for mthonties and mthon~ business and womens bummeases and comb~natmn businesses as defined in Secuon 2 oft.his ordinance; therefore the adminisumtor shall business enterprises certified by the State of Washington which also meet the definitions ol -S~ction 2 of this ordinance. =ccording to minority status inlormation provided to the county hy the Office of Minority and Women s Busthess~s of the State of Washington. Businesses am only eligible for the county's programs so long ~ they remain certified by the State of Washthgton. 2. Il shall be consmer~d a violation of this chapter to obtara, or atlempt to obmth. c~rtificanon or me benefits ot any provzston of this chapter, on the basra of false or 2I I0 I1 12 13 14 16 17 Ig 19 21 24 25 26 27 2g 29 30 misiead~n~ in(on'nation, ',,.nelher pro','lded lo the count;,' or lo the OIt~ce ot .kllnor~?, Wpmen's Businesses of the S~te of Wash~n.mon. may be entered into uni=ss ali minonty~women'$ bustn=~ses identified to mee~ the uIiii7.~.tion goals b? a responding p~' were. at the time the bid w~ submi~=O, certified by the Office of Minority ~d Wom~n's B~inesses ofthe State of W~hin~on ~d rccogm~d by ~h¢ a~inis~[or ~ eligible to p~icipate in the co~'s mlnon~/women's business pmg~ ~d thc =dmims~tor de:~ines ali identiRed minority/women's b~inesses appe~ able pcrfo~ a co~¢rci~ly ~e~t ~nction on that con.ct ~ pro.seal. Lism of certified ~d recogmzed minofi~/women's businesses shall be pmvid~ to all dep~mems ~d made avalabJe to thc public. 4 No b~ine~ sh~J apply [o ~he co~' in ord~ m p~icipate in ~e prog~s ~smblished by [his chapter. 0. ~e~ a compline is filed ~in one ye~ of~e completion of ~i work on a con.ct alleging a violation o~ ~is c~pter by a con--or, su~on~cmr or commct- a~ding au~ofi~, or wh~. ~in ~t time ~od. evidence ora violation is discovered ~om i~o~ion g~ed ~ugh compli~ce monitoring, ~e adminis~or shall cause to se~ or mai[~, by cenifi~ mail. r~t~ receipt r~ue~ed, a copy of the complaint or notice of investigation on ~e ~ndent wi~in t~n~ days a~er ~e filing of~d c~¢ ~d s~ll promptly m~e ~ investigation themot; ~¢ investigation s~l be directed to ~ce~ain fac~ concerning ~¢ violation ~leged in the complant ~d sh~l ~ conducmd in ~ objective ~d imprint m~r. D~ng ~e investigation, ~e ~nis~or shall consider ~y statement of ~sition or e~fidenct with m~t to the allegafio~ of the complant which complaint or ~e ~nd~t wishes to submit. - I. ~e ~i~s~tor sh~l have au~on~ to sign ~d issue sub~en~ reqmdng the ~nce ~d tes~ony of ~m~s~. the production o~evidence including but not {{mited to ~oks, records, co~ndence or doc~en~ in ~e ~ss~ion or under ~e control of ~mon sub~enaed. ~d access to evid~nc: ~or ~e p~s¢ of ex~inadon ~d copying ~ nec~/for the inv~tigation. ~e adminis~tor sh~l consult with the count.',, prosecuting ~nomey before issuing ~y subpoena under this 22 2026 5 subpoena The pet:tlon snail be accomparued bT,' a copy o£the suPpoena anei proo£ o£ ser,,.~ce. 6 and shaJl set tbrm m what specific rnarmer the subpoena has not Oeen comp~ed with, and 7 shall ~k for an order o£the court Io compel Ihe wimps to appear and testify or cooperate 9 2~ Th: resuit~ of the investigauon shall be reduced to w~rten findings of Fact and 10 finding shaJl be rnaoe that there either is or is not reasonable cause for believing that a I ~ iolanon has been or is being committed. IFa finding is made that there is no reasonable, 12 cause, said finding shall be served on the complainant and respondent. Within l.niny days 14 request with the administ, raror asking for reconsideration of the finding. The adrninistraror 15 shall respond in writing witkin a reasonable time by granting or denying the request. 16 H. If the finding is made initially or on request for rnconiideration that reasonabJe I 7 cause exists to believe that a violation by a contractor or subcontractor has occurred, the i 8 administrator shall endeavor to remedy the violation by conference, conciliation and 19 pemua.smn, which may include monetary compensation, the creation o£additional 20 oppormmties £or minority or women s utiJizalJon on other contracl& or such other 21 reqmrement~ as maT,' la'a.1~ll? be a.m'eed upon by the parties and the admimstrator..-~ny ? sertiemern agreement shall be reduced [o writing and signed by both part,es. An order shall 23 then be entered by' the adminiswator semng forth the terms of the agreement. Copies o£such 24 order shall be delivered to all affected pm'ties and the original thereo£ filed with the division 2.5 - of records and electlorG. 26 If no agrecrnem can be reached, a finding to that effect shall be made by the 27 administrator and lncotl:)orated in a prelirninary order, with a copy thereof furnished to the 28 complainant and the respondent. ~-he preiirninals/order shall also include: 30 2. The ?-s~s l-or such finding. 10 I1 12 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 r~medtes ordered sha~l be cerltfied by the admln]strator to thc o~ce al thc co~' he~l~g A hemng a~l ~ conaucted by ~e office affimmg, denying, or madly-lng the p~limin~ order. ~e hemng shall the record ~d ~e h~ng exminet shall have such rote m~ng md other powem nece~$m' for conduct of the hemng ~ ~e specified by K,C.C, 20.24, Such hmng$ ahall be tt~ ~d place of~e hc~ng s~ll be given at le~t ten ~ys prior to ~ date of the hemng to each affected p~, ~d to ~e a~inis~tor. Each p~ s~t have ~ following right, mong 1. To ~I ~d exmine wime~ on ~y roarer ~lev~t to Ibc issu*~ of the compluint: 2. To in~ucc d~men~ ~d physi~ evidence; 3. To cm~in~ opting ~m~ on ~y ma~r ~t~v~t to ~e issues of the compiamt: 4. 1o im~h ~y ~ ~g~dl~ ofw~ch p~ tim ~led him to testi[': 5 To ~but evidence agmt ~hc~ ~d 6. To re~t ~mel~he~tf or to ~ mp~sented by ~yone of hi.er choice who is lazily pemi~ed to do so. J. Follo~ng review of~e evidence submi~ed. ~e h~ng c~iner presiding at the h~ng ~1 enter ~en findings ~d concl~iom ~d sh~l ~ndcr a sh~l order one or mo~ afdc 1. Dis,mi~ oflhe compl~nt when a violation is fo~d not m have acted; 2. Sm~ion or mcellafion of the con.ct in pm or in whole: 3. Di~ifimtion ~or dc~t of the violator ~om p~icipation in county con.ets for a period of up to five of compli~ce: 24 5 9 I0 I I2 I3 14 15 16 17 18 19 2O 2.3 24 25 26 27 29 30 other remedy available unaer the taws of the count}, Upon a finding by the hermng ~xmmlner that a contraclor n~ tn Iai: laded Io p~rform a commerclaily useful funcnon or has operated as a broker, front, conduit or pass th,rough business, liquidated damages spcmficd in the contract shall be imposed unless tnt hca.nng exammcr find~ that Imposmon of such damages would bt clearly inequitable, in which case Se hearing examiner may order appropriate relict-. K Ifa finding is made that there is reasonable cause to believe that a contracl awarding authomy has com.mltted a violation, the finding shall be forwarded to the executive, '.,.ho shall review the credence and shall order one or more of thc following: h Dismissal of the compiaim when a violation is fomad not to have occurred; 2, Corrective per~ormel acPon; 3. Disqualification and suspension ofauthori.ty ofallmembem, any board. commission, or other body constituting the violating con~act awarding amhomy; 4 Enfomemem of anY other remedy available u.nder the laws of the county. k Upon receipt ufa wrmen and signed allegarion that a busings owner is improperly being considered to be. or has impro~rty been reject~i as, a minority business or women's business as defined in ti'tis chapter, or that a waiver or r~tuction of set-aside reqmrements has been improperly denied or granted, or if such informauon is discovered from information ga,~ned through compliance momtonng, the administrator shall conduct or cause to be conuucted an lnvegngatlon. The penoency of such allegations or of subsequent heanngs on such allegations shall not be grounds to postpone or mn the award of any contracts then being advertised or for which bids have been received. Ifther~ is reasonable cause to believe nhat correcuve action is warranted, the administrator will upon ten days written notice to all interested pa.r~ies o£ u. hom h~she is aware, and upon publication o! nolice of the hearin~ m the manner provided for thc advertising o£contra¢~, conduct or cause to be conducted a hearm~ 'to determine whether or not the allegation is correct. The heanng shall be recorded a.nu each mteresteu pm'fy shall have me right to call and examine w~m~ses, to produce documentary and physical evidence. Io cross-examine witnesses, alld tO be represented by 2S 2 7 g 9 I0 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 ~nyone of his,,her cno;ce iaw~ullv pertained so ao so ~e being o~licer designated b} After the h~ng, ~c administ~[or or designated he~ng officer shall m~e findings ~d conclusions ~d shall order appropriate co~ct~ve action, iffy. M. In addition ~o ~y o~er remedy available ~der the laws of the co~[y ~d the comply ~th ~e ~quimmen~ of~is chapter or which submim false or misl~ing s~l be subject to a civil pe~l~ of up to five ~o~d doll~ for each occ~nce, the county having prcvio~ly complied with ~c notice ~d he~ng provisions of~i~ chapter. ~h subregion of f~se or misl~ing i~o~on s~l co~dmte a sep~te occu~nce. NEW SEC~ON. ~E~ON 10 ~ is ~ded to K.C.C. 4.18 a new section to read as follows: Annual repo~ required. ~e adminis~tor sh~l submit ~ ~ual ~pon to the ex~utive de~ling peffo~ce of the p~g~ by A~I 15 or.ch ye~. ~is repo~ shall be founded to ~e co.cji no later th~ April 30. ~e ~n s~l include: A. Statistics. ~d n~tive whe~ app~Pnate, demo~fing the utilimtion of B. Statistics. ~d n~tive whe~ app~pfiate, demom~flng the n~r md ~ype of ~ive~ g~ted: C. Expirations of~y investigative actio~ ~n by ~e minority md women's ~iness ente~nses ~d con.ct compli~ce division reg~ing the implementation. monitoring ~d enforcement of ~is chapter: D. Descnptio~ of my p~blems in the implementation ~po~ed by ~e de~ment. 26 10 II 12 16 17 lg 19 20 21 22 24 27 30 12026 ';EWSF('TION SECTIQN ]! There~saddedloK.C.C 4 Igan~wsecuonlo read as follows: Studies =nd recommendations gradualing firms out of program. A The pi;an for graduaung mthonty, and women's businesses after a cer~n number of years of cerlificalion and level of income above thal used for state eertificatmn. The cxccunve shall disparity study commissioned putsuunt to Ordinance 11564, B. The methodology and plan shall include specific objective cmena and county's remedial program and delerrnining when and under what conditions individual firms shall be graduated from the court .ty's remedial program. NEW SECTION SECTION 1 '> There is added to K.C.C. 4.18 a new section to read aa follows: Authorization to implement procedures. The executive shall implement such forms. administrative processes, and opmadonal procedm-es as are n~:c~sary to comply with the provisions of this chapter:, provided that such forms, processes and procedures shall be promulgated in compliance with K.C.C. 2.98. with the exception that administrative rules and regulations related to this chapter shall be submined for review by the admimstrauon and juance commmee lot ~ successor committee} fifteen days prior to filing with the clerk of the council, the provisions of K.C.C. 2.98 notwithstanding. NEW SECTION SECTION 1 ?. There is added to K.C.C. 4.18 a neg' section to read as follows: Minority. and women's business enterprises program provisions applicable to 'metropolitan functions. Notwithstanding the requirements set forth in this chapter, tn order to foxrer a smooth tr'a.nsition and for the purposes of observing federal regulations. the minority and women business enterprise provisions for MWB utilization set forth in Ordinance 11032. Sections 19.G. Ig.H, 19.J.2. and 19K. and codified tn K.C.C 28.20.040 D, K.C.C. 28.20.040 £. K.C.C. 28.20.050 B. and KC.C. 28.20.060 shall 27 lO 12 13 14 15 16 17 l$ t9 20 21 22 23 24 25 26 27 28 2 3 1 f 026 conunu¢ to be applica0ie to the metropohlan lunct~ons performed by ~he county pursuant :o chaplet 35..58 RCW unul the conclusion o£ the d~spa.'ity study, commissioned pursuant :o Ordina.nc= i 1564, a~ci recommendations resulting from [he study are adopted and approved by [he council by ordinance or as other~.,~se provided by Ihe council. The administrator shall administer and implement said provisions for' contracts awarded in direct support of said metropolitan functions. NEW SECTION' 511:.C, TIONI I'~, There is added to K.C.C. 4.18 a new section to read a.s follows: Designation of DBE Liaison Of'fleer. Tl~e administrator shall serve a.* the Disaclvantaged Business Enterprise ("DBE") Liaison Officer for purposes of compliance with federal Depot, merit of Transportation and other federal and state agency financial. assistance requirements. NEW Si~(~TICIN. SECTION I $ These is added to K.C.C. 4. t 8 a new section to mad as follows: Federal and stalin requiremenL~. In ordes to secure financial assistance from federal and state agencies, the adminis~ator shall provide for the participation of minority, women and disadvantaged busines~s pu~uent to regulations and requirements imposed by such fednral a~d state agennie~. The aflminis~ator may issue rules and procedures and take steps nece~ary to implement and comply with applicable fnderal and state laws and regulations, including the establishment of annusd goals and contract goals for minority, women and disadvantaged businesses. ~ Effective dote. This ordinance sh~ll take effect on January 1, 1996. ~ Severability. The provisions of this ontinance shall be effective in all ca~¢s unless otherwise provided by federal law. The provisions of this ordinance are -separate and severable. The invalidity of any clause, semence, paragraph, subdivision, section or other portion of this ordinance or the invalidity oflhe application thereof to any pereon or circumstance shall not affect the validity of the remainder of this ordinance or the validity of thc application to othes persons or cimums~ances. 28 [2 13 15 16 I7 18 19 1202 ~FCTI©.~' i~ Conlmua~mnol'ordin~nces. The provlslonsolthlsordmance, so I'¢TP'-O DUC~-=' .~N D READ for thc firs~ time ~hls ~ ..D t-~ day 01 KING COUNTY COUNCIL KING COUNTY. WASHINGTON ,ATTEST: Clerk of th* Com~¢il ^~ov~ /~ dayo£ None Chair 29 EXHIBIT B 1996 CITY OPTIONAL PROGRAM BUSINESS RECYCUNG PROGRAMS City of Aubu~rn PROJECT TITLE: Business Waste Prevention and Recycling PrOgram PROJECT MANAGER: John Giordanengo Recycling Specialist City of Auburn 1305 C ST SW Auburn WA 98002 (206) 931-3047 Note: Please refer Auburn businesses to Cylvia Hayes, Recycling Technical Assistant, at (206) 931-3047. TOTAL 1996 GRANT REQUEST = $14,761.00 BACKGROUND INFORMATION: RST Disposal has been the City of Auburn's exclusively contracted garbage hauler since 1968. The current ten year contract, signed in 1991, includes two five year options to renew. All solid waste services are billed by the City. RST Disposal is also contracted to collect, transport and dispose of recyclable material within City limits; they service nearly all of the commercial recycling accounts in Auburn. The primary recycling service offered is comingled collection. The materials included in the comingled service are mixed waste paper, old corrugated cardboard, newspaper, tin and aluminum, wood, number 1 PET and number 2 HDPE plastic bottles. Customers are charged for the comingled service, but it is significantly less than the cost for garbage collection. In addition to comingled collection, RST Disposal provides separate cardboard, wood and gypsum collection services. The fees for these services vary according to market conditions. Finally, Auburn also provides commercial yard waste and small generator sawdust collection services. The current commercial diversion rate is approximately 35 percent. Tonnage reports are supplied by RST Disposal. Auburn has approximately 2,000 commercial accounts, excluding multi-family accounts. Currently over 600 of these businesses have active recycling programs. Auburn's business sector, which generates 70 percent of Auburn's total solid waste stream, has been participating in Auburn's Business Waste Prevention and Recycling Program at an increasing rate. With the help of the 1995 COP Grant funds, the City of Auburn Business Waste Prevention and Recycling Program has made significant progress. In the first eight months of 1995, nearly 300 Auburn businesses implemented new recycling programs. Results such as these will play a critical role in achieving established waste prevention and recycling goals. GOALS: The City of Auburn Business Waste Prevention and Recycling Program has set several ambitious goals fOr 1996. They are as.~_~llows: 1) Increase the total number of participants in the program by at least 300 businesses. 2) Increase the commercial diversion rate to 45 percent. 3) Increase awareness of Auburn's Business Waste Reduction and Recycling Program within Auburn's business community. 4) Develop a promotional campaign that results in at least 150 calls from Auburn businesses to the Business Waste Reduction and Recycling Program. NOTE: The City of Aub,urn Business Waste Prevention and Recycling Program plans to use the funds pr..o, vlded by the 1996 COP Gra~ to complement ,~nd promote the work accomplished with 1995 COP Grant funds, Th~s will be done in two ways. First, two ~ddit!onal.industry-specific waste prevention and recycling fact sheets will be evelopeo and the quarterly newsletter will be continued. These materials will build on the materials created as part of the 1995 COP Grant. Second, the advertisement campaign will be more comprehensive in order to effectively promote and utilize the materials created under both the 1995 and 1996 COP Grants. PROJECT ACTIVITIES AND SCHEDULE NOTE: Auburn's Recycling Technical ,Assistant, under the direction of the Project, Manager, who, under the supervision of the Solid Waste Supervisor, will be ~eSpOn,.sible_ fo.r developing and implementing, the majodty oft.h? grant activities. The cyc, ng/ecnnical Assistant position is fully funded by the City of Auburn. City of Auburn staff. Will provide timely and appropriate information and assistance to any Auburn business which requests information or assistance with their waste reduction and rec}/.c, ling program including AubUrn bUsinesses which have been referred to the C ty by K~ng County. Industry-Specific Fact Sheets Activity: Waste pre,v, ention and recYcling educational fact sheets will be developed to address the specific needs of two industries: Automotive and Fast/Take-out Food, The. re are 52 automotive businesses and approximately 40 fast/take out food busineSses in Auburn, The information used for these fact sheets will be drawn from BKin~l County and. other Suburban City fact sheets but will contain the City of Auburn uslness Hecyclmg Logo and other information specific tO the City of Au'burn. In addition to the above mentioned fact sheets, the City of Auburn will budget for an additional' 20 King County "Recipes to Prevent Waste in the Restaurant" guides. These guides will be made available to Auburn restaurants, taverns and other food and beverage establishments free of charge. We will print 100 copies of each guide. Intended Result/Purpose: To educate automotive and fast food 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. Printed Materials: The automotive and fast/food 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 whose fact sheets we have drawn upon. The fact sheets will be mailed to businesses upon request and will be distributed by Auburn's Recycling Technical Assistant and RST Disposal's Sales Representative while servicing accounts and providing technical assistance. Schedule of Completion: Fact sheets will be developed and printed in the second quarter of 1996. Twenty copies of King County's "Recipes to Prevent Waste in the Restaurant" guide will be ordered in the first quarter of 1996. The fact sheets will be distributed in the third and fourth quarters of 1996. The restaurant guides will be distributed during the second, third and fourth quarters of 1996. 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 tonnage will be monitored by reviewing monthly tonnage reports submitted by the City's contracted hauler. These reports include total volumes of garbage and recyclable materials collected from Auburn's business sector. Finally we will record the number of automotive and fast food bus nesses which become Green Works members or move from the Basic level to the Distinguished level. Print Advertisements for Business Waste Prevention and Recycling Proaram Activity: Auburn plans to run advertisements in the "Auburn Business Connection" and local newspapers in order to promote its Business Waste Prevention and Recycling Program. The advertisements will promote available educat onal 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. The "Business Connection" is sent to approximately 900 Auburn businesses. The Valley Daily News has a circulation of nearly 33,000 in south King County. Auburn Valley in All Seasons is delivered to 35,864 Auburn addresses. Intended Result/Purpose: The intended results/purposes of this activity are to (a) stimulate interest in Auburn's Business Waste Prevention and 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. The City of Auburn plans to use 1996 advertiSements to help fully utilize the educational materials developed in 1995 and those to be developed in 1996. Printed Materials: The text and layout for th~ advertisements will be developed in-house. SchedUle of Completion: The format of the advertisements w II be drafted during the first quarter of 1996. F fteen to twenty advertisements will be run throughout the year. 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. Increases and decreases in commercial garbage and recycling tonnage will be monitored by reviewing monthly reports submitted by the City's contractedhauler. Finally, Auburn will 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" and "Green Works Partners". Radio Advertisement8 for Business Waste Prevention and Rec¥clino Program A.ctiv!ty: Aub. urn. is exploring the possibility of running 24-35 sixty second radio aover~isemen[s, we nave been informed that the station 96.5 (Young Country) has the number one listenership in South King'County, including Auburn at 9:9 percent. Apparently, this station offers reduced rate advertising during August and September. Although we are Seriously considering advertising on this station, we are open to other possibilities, including .c.o-sponsoring rado advertisements with King County or appropriate Suburban Cities. Any radio advertisements we develop shou d nclude two primary messages. One, they will encoUrage Auburn shoppers to PatrOnize bus nesses that actively recycle. Two, the ads will promote AUburn's BusineSs Waste Prevention and Recycling Program to local businesses. The ads will promote available educational materials, availability of on-site technical assistance, and information regarding King County's Green Works Program. The names of Auburn Green Works members will be announced over the air. Intended Result/Purpose: The intended results/purposes of this activity are to complement Auburn's print advertisement campaign and thus increase the level of interest and participation in Auburn's Business Waste Prevention and Recycling Program. In other words the radio ads are intended to encourage businesses to start recycling. . Schedule of Completion: In order to take advantage of the very iow off-peak- season advertisement rates, the radio ads will be run during the months of August and September. ~ Effectiveness: The effectiveness of this activity will be determined by monitoring the quantity of reqUeSts received for recyc ng technical assistance and educational materials in response to the radio advertisements. Increases and decreases in commercial garbage and recycling tonnage will be monitored by reviewing monthly 4 tonnage reports submitted by the City's contracted hauler. Finally, Auburn will 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" and "Green Works Partners". Direct Mail Survey and Outreach Activity: Three direct mailings will be sent to approximately 2,000 Auburn businesses. This is the number of Auburn business addresses compiled by a local mailing company. The survey will ask if, what and how the responding business recycles, and which news and advertisement sources the business person uses. In addition, the survey will promote the services and materials provided by Auburn's Business Recycling Program. Finally, the survey will provide businesses with an opportunity to request assistance. City of Auburn recycling staff will provide the assistance. These businesses, like all Auburn businesses receiving technical assistance, will be contacted several weeks after the initial visit to evaluate the effectiveness of the provided assistance. Intended Result/Purpose: The primary purpose of the direct mailings is to promote Auburn's Business Waste Prevention and Recycling Program and inform businesses of potential savings in their garbage disposal fees that result from recycling. A secondary purpose of the mailings is to gather information about Auburn's business sector. This information should be useful in developing effective outreach and promotional strategies. Printed Materials: The materials will be developed and printed in-house. The surveys will be mailed by a mailing service. Schedule of Completion: The first mailing will take place during the first quarter of 1996. The second mailing will occur in the second quarter and the third mailing will be sent during the fourth quarter. Effectiveness: The effectiveness of this activity will be established by monitoring the percentage of returned surveys and the level of interest expressed by the respondents. In addition, we will determine whether or not the survey results contribute to the development of effective outreach and promotional materials. Business Newsletter Activity: Continue publication of the "4 R Business" quarterly newsletter. The newsletter will be mailed as an insert in King County's "Recycling Works" 'quarterly newsletter. Intended Result/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. 5 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 Wqrks" newsletter and will be made available to businesses at the Auburn Chamber-of Commerce and Auburn City Hall. Schedule of Completion: Text and 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 aDr~ear in the "R ' Works'' first ' . ,? ecychng , second, third and fourth quarter issues of 1996. D stnbut~on of Auburn's business newsletter will continue throughout 1997 pending available funding. Effectiveness: The effectiveness of this activity w be established ,b,y monitoring ,, the telephone calls received from businesses in response to Auburn's 4 R Business newsletter. PROJECT BUDGET Note: No portion of our 1996 City Optional Program Grant funding will be used for staff salaries or benefits. Auburn's Recycling Technical Assistant position is fully funded by the City of Auburn. ITEM QUANTITY SOLID PRODUCTION UNIT COST TOTAL WASTE STAFF Fact Sheets 400 N/A Printing: $100.00 $00.25 $100.00 Restaurant 20 N/A 100.00 5.00 100.00 Guide Newsletter 3,900 N/A Printing: 100.00 00.10 400.00 Inserting: 300.00 Advertising 15-20 N/A 11,181.00 Varies 11,181.00 (Print) tremendously Advertising 24-35 N/A 2,000.00 57.14 - 83.33 2,000.00 (Radio) Direct Mail 3 N/A 980.00* 326.67 per 980.00* (Survey & Outreach) mailing 00.16 per piece TOTAL BUDGET REQUEST = $14,761.00 * The survey will be mailed by a local mailing company. This figure is an estimate from the mailing company. PROGRAM REPORTING The City of Auburn will submit quarterly reports to King County Solid Waste Division. These reports will include: 1) a narrative progress report which includes an update on each program or project approved in the scope of work; 2) a computer generated chart which lists each business assisted along with information about the business and the assistance as detailed in the template provided by the County; and, 3) a reimbursement request detailing and documenting the expenses incurred each quarter in a format provided by the County. 7 EXHIBIT c REGIONAL SERVICES PROVIDED BY KING COUNTY'S GREEN WORKS BUSINESS RECYCL.ING PROGRAM I. Green Works Program: A) Green Works Promotion and Telephone ReferralService -- County-wide promotional efforts, including print and radio advertisements, intended to inform businesses throughout King County (County) that their waste reduction and recycling programs are important, and that they can receive flee assistance to establish or expand these programs and public recognition if they meet program standards (see I.C. below). One Green Works telephone number is included in the promotions, and County staffrefer business callers to the appropriate agency for assistance. The Green Works telephone line is staffed from 8:30 a.m. - 4:30 p.m. Monday through Friday. B) Green Works Business Recycling Assistance Program -- A network of technical assistance providers (including King County staff, and recycling coordinators and their consultants who are participating in the City Optional Program) who assist businesses with their waste reduction, recycling, and buy-recycled programs. King County staffrefers businesses from cities participating in the City Optional Program to the appropriate city recycling coordinator/consultant staff. Assistance includes telephone assistance, instructional and educational materials, on-site waste consultations, and employee education. C) Green Works Recognition 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 D stmgu~shed Green Works members or "Partners". The Green Works recognition program can be used to encourage businesses to start or enhance their recycling programs. II. Corporate-wide/Targeted Industry Assistance - Identification of industries and companies with facilities located throughout the County welch could benefit from waste reduction and recycling education. County-wide coordination of assistance to such corporations and targeted industries. Development and coordination of any joint programs with umbrella organizations (trade associations, etc.) to educate industry members and to expand recycling and waste prevention programs. III. Recycling Works quarterly newsletter - A newsletter which provides case studies and information about current waste reduction, recycling, and recycled product procurement practices relevant to businesses. Any King County city may produce newsletter inserts which will be mailed with Recycling l~'orkx to the businesses in that city. IV. Dollars for Data Program - A program which provides technical and financial assistance to selected businesses which design and implement innovative waste prevention strategies and which submit to the County the waste prevention data gathered during project implementation. V. Printed Materials - See the attached lists of available materials. G:\brp~cop~exhd.ila King County Solid Waste Division - Business Recycling Program MATERIALS AVAILABLE TO CITIES PARTICIPATING IN THE CITY OPTIONAL PROGRAM A) Multiple Cot~ies Available (no charge) 1) King County's Business Waste Reduction and Recycling handbook (35 page book). {Copie~ available until supply is depleted. } 2) Green Works promotional materials: a) brochure describing the Green Works Business Recycling Program; b) flier (one page, double sided) promoting the Green Works recognition program; c) Green Works recognition program booklet with application form; and d) Green Works application form (one page, double sided). 3) Back issues of the County's Recycling Works newsletter, produced quarterly. {Copies available until supply is depleted. } 4) Guide: "Recipes to Prevent Waste in the Restaurant" (8 pages). {The number of copies available to each city is limited to the number of restaurants in that city. } B) One "White" Cony Available for Dunlication (no charge)* 1) Guides to "Waste Reduction and Recycling Services in King County" (includes city. specific and regional information). 2) General waste reduction fact sheet for offices (one page, double sided). 3) Waste reduction fact sheet specific to the real estate industry (one page, double sided). 4) Waste reduction strategy report: Vermicomposting (16 pages). 5) Waste reduction strategy report: Bulk Dispensing (7 pases). 6) Waste reduction strategy report: Returnable/Reusable Dry Cleaning Bags (6 pages). 7) Waste reduction fact sheet: Reusable Trolley Bags (one page, double sided). 8) Waste reduction fact sheet: Materials Exchange (one page, double sided). 9) Camera ready art for use in local Green Works member promotions. 10) Camera ready poster art: "It's In Your Hands" poster. 11) Camera ready art for graphics used on postcard, brochure, fliers. C) Materials Available for Purchase Video: "It All Adds Up" (11 minutes). {$I0 per copy.} D) Materials Planned for 1996 (subject to Chanae: charae to be determined) Green Works Employee Education Kit *We ask that you credit King County when using materials produced by the County: "ar: ~7ork provided courtesy of King County Solid Waste Division" and/or "text provided courtesy .~:fKing County Solid Waste Division". February 1996 G:\brp\cop\copmat. lis King County Solid Waste Division Construction, Demolition1 and Land. clearing (CDL) Program MATERIALS AVAILABLE TO CITIES PARTICIPATING IN THE CITY OPTIONAL PROGRAM * 1 ) Contractors' Guide To Handling Waste (16 page booklet with listings of area recyclers). Multiple copies are regularly distributed to city permit centers. 2) Construction Site Recycling C;ase Study #1 - Circuit City 3) Wood Recycling Fliers - One page of"how-to's" targeting wood recycling 4) CDL Disposal Facilities Fliers - One page information sheet 5) CDL Recycling Fact Sheets: a) Preventing Waste In The First Place b) Setting Up A Jobsite Recycling Program c) Using Recycled-Cot)tent Building Materials d) Making Your Program Work e) Are There Dollars In Your Dumpster? f) Recycling Economics Worksheet g) Designing Waste Management Plans and Specifications 6) Green Works/Construction Works Applications * Multiple copies are available of all materials upon request. Februaw 1996 g:\brp\cop\cdlmat.lis