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ORDINANCE NO. 4 9 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF
GRANT FUNDS IN THE AMOUNT TWENTY-SIX THOUSAND TWO HUNDRED
THREE DOLLARS, ($26,203), AND AUTHORIZING THE M~OR AND CITY
CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY
AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS FOR IMPLEMENTATION
OF THE 1997-1998 WASTE REDUCTION AND RECYCLING PROGRAM.
WHEREAS, King County and the City of Auburn have adopted
King County Comprehensive Solid Waste Management Plan,
the
which includes recycling and waste reduction goals; and
WHEREAS, in order to help meet these goals, the Kin g
County Solid Waste Division has established a multi-phased
waste reduction and recycling grant program for the suburban
cities; and
WHEREAS, this program provides funding to further the
development and/or enhancement of local waste reduction and
recycling projects; and
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
Ordinance No. 4959
April 1, 1997
Page i
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NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
CITY OF AUBURN,
~ Pursuant to Chapter 35A.33 RCW, the City
hereby approves the expenditure and appropriation of a total
amount of TWENTY-SIX THOUSAND TWO HUNDRED TKREE DOLLARS,
($26,203) which constitutes reimbursement of funds for
implementin9 1997-1999 waste reduction and recyclin9 program.
~ The Mayor and
Auburn are authorized to execute
Kin9 County for the reimbursement
said Agreement is attached hereto
and is incorporated by reference herein.
~ The Mayor is
such administrative procedures as may
out the directions of this legislation.
~ This Ordinance shall
force five (5) days from and after its
publication, as provided by law.
City Clerk of the City of
an Interlocal ~reement with
of said funds. A copy of
and designated Exhibit "A"
hereby authorized to implement
be necessary to carry
take effect and be in
passage, approval and
Ordinance No. 4959
April 1, 1997
Page 2
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CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael 7. Reynolds,
City Attorney
Ordinance No. 4959
April 1, 1997
Page 3
"' ' ',. '" ,' CONTR,~CT #D232 D
INTERLOCAL AGREEMENT
Between
KING COUNTY and the CITY OF AUBURN
This Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a
political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of the
State of Washington, hereinafter referred to as "County" and "City" respectively.
This Agreement has been authorized by the legislative body of each party as designated below:
King County Motion No. 9847
City t~t ~//.J~/JJJe/L)
PREAMBLE
King County and the City of Auburn adopted the King County Comprehensive Solid Waste Management
Plan, which includes recycling and waste reduction goals. In order to help meet these goals, the King
County Solid Waste Division has established a multi-phased waste reduction and recycling grant program
for the suburban cities. This program provides funding to further the development and/or enhancement of
local waste reduction and recycling projects.
Grant funding is currently provided through three phases of this waste reduction and recycling (WR/R)
program. Phase I grant monies are available to those suburban cities which did not participate in the
previous King County Solid Waste Division grants-to-cities program, upon which the current program is
based. Cities applying for Phase I grant fi~nds must meet specific eligibility requirements. Phase II grant
monies are available to all King County suburban cities that operate under the King County
Comprehensive Solid Waste Management Plan. Phase III grant monies are available to any suburban
cities participating in Phase II of the grant program, for the continuation of programs/projects previously
funded under the grant program.
The City of Auburn has elected to participate in Phase II, and potentially Phase III of the grant program.
The City will spend its grant ~unds to fulfill the terms and conditions set forth in the scope of work which
is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any
information and/or experience gained through the grant program by the City will be generously shared
with the County and the other suburban cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City
of Auburn from the County for waste reduction and recycling programs and/or services as outlined in the
scope of work and budget attached as Exhibit A.
H. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the parties to this Agreement shall be as follows:
The City
1. :Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant shall not exceed $26,203.
The City will submit quarterly reports to the County in a format specified by the County, These
reports will include: a) a description of each activity accomplished in the pre~dous quarter as
;pertains to the scope of work; and b) reimbursement requests with copies of iinvoices and
statements for each expenditure for which reimbursement is requested.
These reports shall be submitted to the County fifteen days after the end of each calendar quarter:
(I) first quarter reports are due by April 15; (2) second quarter reports are due by July 15;
(3) third quarter reports are due by October 15; and (4) fourth quarter reports are due by
January 15.
The City will submit a final report to the County which summarizes the work completed under the
grant program and evaluates the effectiveness of the projects for which grant funds were utilized,
according to the evaluation methods specified in the scope of work. The final report is due within
three months of completion of the project(s) outlined in the scope of work, but no later than
March 31 of the following year.
The City shall comply with the Minority and Women's Business utilization provisions of King
County Code Chapter 4.18, and amendments thereto, attached to the City's copy of the
Agreement as Exhibit B and incorporated 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, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or 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 perfomaance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18.
TJae City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical
The City shall maintain accounts of the direct and indirect costs of the programs covered by this
Agreement for a period of at least six years. These accounts shall be subject to inspection, review
or audit by the County and/or by federal or state officials as so authorized by law.
The City agrees to credit King County on all printed materials provided by the County which the
City is duplicating for distribution. Either King County's name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: "artwork provided courtesy
of King County Solid Waste Division" and/or "text provided courtesy of King County Solid
Waste Division."
10.
The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been fttnded through the
waste reduction and recycling grant 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.
1 I. This project shall be administered by John Giordanengo, Recycling Specialist, at City of Auburn,
1305 "C" Street Southwest, Auburn, Washington 98001, or designee.
B. The County:
The County shall administer funding for the waste reduction and recycling grant program. Funding
is designated by city, based on the phases of the grant program in which each city will be
participating, and is distributed on a per capita basis. The City of Auburn's budgeted grant funds
are $26,203, which is the City's current share of Phase II grant funds.
Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been ktentified 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 for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City's
report and reimbursement request are incomplete (i.e., do not include proper documentation of
3
expenditures and/or adequate description of each activity described in the scc, pe of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
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 logu will appear on such
materials (including fact sheets, ease 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 Aubt/rn" 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.
5. The waste reduction and recycling grant program shall be administered by Lyne Davis, Project
Manager, or designee, specified by the King County Solid Waste Division.
HI. DURATION OF AGREEMENT
This Agreement shall become effective on March 15, 1997 and shall terminate on December 3 I, 1998.
IV. TERMINATION
This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
This Agreement may be terminated by either party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance, misuse of funds, and/or
failure to provide grant related reports/invoices as specified in Section [I.A.2. and Section I1. A.3.
If the Agreement is terminated as provided in this section: (1) the County will be lliable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to prov~ide further services
pursuant to this Agreement.
Nothing herein shall 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
Agreement 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 A, only upon written or verbal request by the
City and w, rltten 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 HARMLESS AND INDEMNIFICATION
The City shall protect, indemnifiy, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims,
demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought
against the County arising out of or incident to the City's execution of, performance of or failure to
perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of
any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
VII. INSURANCE
The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured
retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its
officers, officials, employees, and agents as additional insureds against liability arising out of activities
performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is
attached to this Agreement as Exhibit C, unless Section VIIB. applies.
If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall nol be co~strued
to be a modification of the terms of this Agreement unless stated to be such through written approval by
the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions.
XL NOTICE
WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below:
King County
Accepted for King County Executive
(Title) ~ Director of Natural Resources
Date Date
Pursuant to Motion No. 885'1
City Attorney
Approved as to form:
King County P~,.qsecuting Attorney
6
Date 4 [k~-z~- Date ¢/~3/~?
EXHIBIT A
Contract gD23292D
Scope of Work and Budget
for the King County Waste Reduction and Recycling Grant Program
for the Suburban Cities
A. BASIC'INFORMATION
City Name: City of Auburn
Program Title: King County Waste Reduction and Recycling Grant Program for the
Suburban Cities
Program Manager: John Giordanengo
Recycling Specialist
1305 "C" Street Southwest
Auburn, WA 98001
Telephone Number: 931-3047
Fax Number: 735-2145
4. Budget: $26,203 (Phase II funds)
B. SCOPE OFWORK
Task 1: Multi-Family Recycling Program
Project History:
To date, apartments in the City have been offered commingled recycling services by the
City of Auburn, upon request. Auburn's contracted solid waste and recycli~tg hauler,
R.S.T. DisPOsal, Inc., has serviced all multi-family garbage, yard waste and commingled
recycling accounts. The City of Auburn has developed a rate incentive structure for multi-
family recycling and garbage services. Multi-family tenants have provided their own in-
unit containers to store recyclables.
Project Description:
The City of Auburn will develop and implement a comprehensive Multi-Family Recycling
Program.
City of Auburn, Solid Waste Division staff(referred to for the purposes of this document as
"Solid Waste staff') will develop the following:
· a multi-family recycling brochure for tenants. This brochure will explain the importance
and benefits of recychng and will include a list of what is and what is not re,eyclable in
Auburn's outside commingled recycling containers.
· a "what's recyclable" reference decal. Tenants will be asked to post the reference decal in
a convenient location within their apartments.
* stickers for outside garbage and recycling containers to educate tenants about
, contamination issues.
· a flyer to promote the City's Multi-Family Recycling Program and to gain support from
tenants. The flyer will be inserted in Auburn's quarterly solid waste and recycling
infor[n, ation source, 4 R Future.
· a direct-mail piece which will be mailed to all multi-family complex owners and/or
managers.
· newspaper advertisements which will be run in the local print media. The purpose of these
advertisements will be to promote the Multi-Family Recycling Program, to educate
residents about the importance of recycling and to make multi-family complex managers
and/or owners aware of the cost savings associated with a successful Mule:i-Family
Recycling Program.
· an in-unit recycling bag for commingled recyclables which will be distributed to tenants
The bags will be used to store recyclables in the multi-family units and will be carried
outdoors by tenants to the commingled recycling containers to be emptied. The bags will
be designed for extended use. Each unit of' participating multi-family complexes will
receive one bag. Multi-family complex managers and/or owners can contact Solid Waste
staff for additional bags, if needed.
Auburn's Recycling Technical Assistant will be responsible for the following:
· contacting apartments and providing technical assistance to potential and current multi-
family complex recyclers;
· distributing educational materials; and
· monitoring the Multi-Family Recycling Program.
Project Deliverables:
· approximately 2,000 copies of a multi-family recycling brochure
· approximately 4,500 copies ora "what's recyclable" reference decal
· approximately 700 copies of stickers for outside garbage and recycling containers
· approximately 7,000 copies ora promotional flyer
· approximately 570 direct-mail pieces sent to all multi-family complex owners and/or
managers
· a minimum of 2 newspaper advertisements for the local media
· the purchase of approximately 5,000 in-unit recycling bags for commingled recyclables
which will be distributed to tenants
technical assistance to multi-family recyclers, as possible
Project Goak
The goal of this project is to increase participation in Auburn's current multi-f~tmily diversion
rate from 34% to approximately 45% and to decrease contamination in the commingled
recycling containers at multi-family complexes.
Project Evaluation:
For the duration of the program, Solid Waste staff will track the following:
· increases and/or decreases in program participation;
· , decreases and/or increases in contamination;
· the number of in-unit recycling containers distributed; and
· increases and/or decreases in multi-family solid waste and recycling tonnages on a monthly
basis..
Task 2: Education of Solid Waste Staff
Project Description:
To provide recycling, waste prevention and composting education for Solid Waste staff
through their participation in the 1997 Washington State Recycling Association (WSRA)
Conference.
Project Deliverable:
Solid Waste staff attendance at 1997 WSRA Conference
Project Goal:
The goal of this task is to increase the waste reduction and recycling knowledge of Solid
Waste staff.
Project Evaluation:
Solid Waste staff will keep track of the workshops and presentations attended at the
workshop.
Task 3: Residential Education
Project Description:
In order to educate students and teachers about recycling and waste prevention, Solid Waste
staff will provide waste prevention and recycling magic shows for the winners of the annual
Auburn Elementary School Litter Challenge. Solid Waste staff will contract with Steffan
Soule to perform these magic shows.
Project Deliverable:
A minimum of 1 magic show presentation
Project Goal:
The goal of this project is to increase the knowledge of recycling and waste prevention among
Auburn students.
Project Evaluation:
The City will distribute a survey to any teachers that attend the magic show presentations.
Since there will be a limited number of teachers surveyed, anecdotal survey responses will
be considered as part of the evaluation process.
C. Scope of Work Timeline
Multi-Family Recycling - Develop graphics and text for in-unit First quarter of 1997
Program bags and stickers
- Develop educational materials and Secon,rl quarter of 1997
advertisements
- Order in-tm/t containers and stickers Second quarter of 1997
- Begin program promotion Third quarter of 1997
- Begin outreach and technical Third quarter of 1997
assistance
- Evaluate program Ongo~ag through 1998
Education of Solid Waste Staff - Registration for conference First quarter of' 1997
- Attend conference Second quarter of 1997
Residential Education - Contact Steffan Soule about magic First quarter of 1997
show perfornumces
- Begin planning for magic show First quarter of 1997
performances
- Provide magic show performances Seennd quarter of 1997
- Survey teachers Second quarter of 1997
D. Scope of Work Budget
The total budget is $26,203.
Multi-Family Recycling Program - Postage $ 300 $24,003
- In-unit containers (5,000) $20,703
- Stickers $ 1,000
- Advertising $ 2,000
Education of Solid Waste Staff - WSRA Conference $ 1,200 $ 1,200
Residential Education - Minimum nf2 magic shows $ 1,000 $ 1,000
4
4.18.005
REVENUE AND FINANCI~kL REGULATION
Sections:
4.18.005
4.18.007
4.18.010
4.18.020
4.18.030
4.18.040
4.18.050
4.18.060
4.18.070
4.18.080
4.18.090
4.18.095
4.18.100
4.18.105
4.18.110
4.18.115
4.18.120
4.18.130
chapter 4.18
MINORITY AI~)W(~EI~'S BUSINESS ENTERPRISES
Findings.
Purpose.
Definitions.
Powers and duties.
Utilization goals.
Accomplishment of utilization goals.
Utilization requirements, general.
Utilization requirements, specific.
Waivers.
Monitoring, reporting, and enforcement.
Annual report required.
Graduating firat~ out of program.
Authorization to implement procedures.
Implementation resources.
Effect of ordinance, status of solicitations.
Effective date.
Severabllity.
Study and report.
4.18.00S Finclinga. The county council hereby finds the following facts:
A. In hiring and dealing with contractors and subcontractors of all
types, public and private owners, developers, contractors, financial
institutions and sureties have discriminated and do discriminate against
minority and women's businesses doing business or seeking to do business with
King County based on the race and sex of the owners of these businesses. This
discrimination has been established by public hearings conducted by the county
council and other local jurisdictions and by the studies and reports performed
for the county by consultants. The factual findings of these reports,
specifically the Perkins Cole study dated January 1990 and the Washington
Consulting Group study dated July 9, 1990, are incorporated herein by this
reference.
B. But for the provisions of its past and present minority and women's
business enterprise ordinances, King County would have been, and would
continue to be, a passive participant in the discrimination against these
businesses.
C. The provisions of this chapter are necessary to remedy the
discrimination against minority and women's businesses and to prevent King
County from financing and participating in this discrimination with its
contracting dollars.
D. The market from which King County draws contractors extends
throughout the State of Washington, although the businesses which provide the
primary market for King County are located in the King, Pierce, and Snohomish
County area.
E. King County is prohibited by state law from helping minority and
women's businesses overcome the effects of discrimination through financial
assistance or reduction of bonding requirements. While the existence of such
alternative remedies must continue to be explored, no effective alternatives
appear to be presently available.
F. ~-lthough a program to provide technical assistance to minority and
women's businesses cannot provide an adequate immediate remedy for past
discrimination against such businesses, such a program can assist in a long-
term effort to eliminate the need for the remedies provided by this chapter.
(King County 12-94) 145
MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.005 - 4.18.010
G. The above-referenced consultant studies have produced statistical
data and recommendations for refinements to the King County minority and
women's business program which are reflected in the amendment~ set forth in
this chapter. (Ord. 9609 ~ 1, 1990: Ord. 8937 ~ 1, 1989).
4.18.007 Purpome. The purpose of this chapter is to remedy the effects
of discrimination by increasing the opportunities for minority and women's
businesses to provide goods and services to King County by using reasonably
achievable goals. {Ord. 9609 ~ 3 B, 1990)
4.18.010 Definitions. Ail words shall have their ordinary and usual
meanings except those defined in this section which shall have in addition,
the meaning set forth below. In the event of conflict, the specific
definition spelled out below shall presumptively, but not conclusively
pre,ail.
~ A. "Administrator" shall mean the administrator of the King County
office of civil rights and compliance.
B. "Affirmative Action Plan" shall mean the written, fora~L1 King County
policy adopted annually, stating the goals and programs of county government
to be performed in the areas of contract compliance, equal emplo!anent
opportunity and m/nority/women's business contracting.
C. "Affirmative Efforts" shall mean making vigorous, documented attempts
in good faith to contact and contract with minority/women's businesses. Where
affirmative efforts are required by, or are grounds for, waiving provisions of
this chapter, the director's determination shall be based on procedures to be
outlined in accordance with the dictates of this chapter.
D.' "Architectural and Engineering Contracts" shall mean contracts for
the performance of architectural and engineering services by licensed and
registered firms and persons acting as consultants to King County.
E. "Broker" shall mean a business which purchases goods or services from
another business or businesses for the sole purpose of resale to the county or
a contractor doing business with the county.
F. "Certification" shall mean the process by which the Office of
Minority and Women's Businesses of the State of Washington determines a
business meets the criteria for a minority-owned business enterprise, a
women-owned business enterprise, and/or a combination minority and women's
business enterprise as set forth in WAC chap. 326-02 and WAC chap. 326-20.
G. "Combination Minority and Women Business" means a business certified
as a combination minority and women's business enterprise by the Office of
Minority and Women's Businesses of the State of Washington which is 50%
legitimately owned and controlled by minority nuales or minority businesses as
defined in this chapter.
H. "Cormmercially Useful Function" shall mean the performance of real and
actual services in the discharge of any contractual endeavor~ T~e contractor
must perform a distinct element of work which the business has the skill and
expertise as well as the responsibility of actually performing, managing and
supervising. In determ/ning whether a business is performing a co~nercially
useful function, factors, including but not limited to the follo%~ng, will be
considered:
1. Whether the business has the skill and expertise to perform work
for which it is being/has been certified;
2. Whether the business actually performs, manages and supervises the
work for which it is being/has been certified; and
3. Whether the business purchases goods and/or serwLces from a
non-minority/women's business enterprise and simply resells goods to the
county, county contractor, or other person doing business with the county for
145-1 (King County 12-94)
4.18.010
REVENUE AND FINANCIAL REGULATION
'the ~urpose 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 property at any facility
owned and/or managed by King County.
J. "Conduit" shall mean a minority/women'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-minority/women's business.
K. "Construction Contracts" shall mean, those contractual arrangements
made by King County for the construction, repair, rehabilitation, alteration,
conversion or extension of buildings, parks, streets or other improvements to
real property.
L. "Consultant Contracts" shall mean those contractual arrangements made
for the procurement of expert personal, professional and/or technical
services. Consultant contracts shall include legal services provided to King
County government, but shall not include architectural and engineering
contracts as defined by this chapter.
M. "Contract Awarding Authority" shall mean any person with the power to
enter into a contractual arrangement binding King County and shall also mean
the particular office, agency or division on whose behalf the contract is
entered. In addition, this term shall include, but shall not be limited to
heads of county departments, divisions or offices.
N. "Contractor" shall mean any person, partnership, corporation, or
other type of business entity which has a contract with King County or serves
in a subcontracting capacity with an entity having a contract with King County
for the provision of goods and/or services.
O. "Department" shall refer to any department as defined by King County
ordinance or other applicable law and shall include all county agencies not
associated with a department. These agencies shall similarly discharge those
duties this chapter requires of departments and shall include the King County
prosecuting attorney, the King County assessor, and the King County council.
P. "Director" shall mean the director of the King County department of
executive administration.
Q. "Front" shall mean a business which purports to be a minority/women's
business but which is actually owned and/or controlled in a manner which is
inconsistent with the requirements of certification.
R. "Joint venture" shall mean an association of two or ~re persons,
partnerships, corporations or any combination of them, established to carry on
a single business activity which is limited in scope or direction. The degree
to which a joint venture may satisfy relevant utilization goals cannot exceed
the proportionate interest of the minority/women's business held as a member
of the joint venture in the work to be performed. The agreement establishing
the joint venture, partnership or other multi-entity relationship, shall be in
writing. Further, minority/women's participation in a Joint venture shall be
based on the sharing of real economic interest in the venture and shall
include proportionate control over management, interest in capital acquired by
the joint venture, and interest in earnings.
S. "Legitimately Owned and Controlled" shall mean for the purpose of
determining whether a business is a "minority business" that minorities shall
possess:
1. Ownership of at least fifty-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 real and
continuing, and shall go beyond the pro forma ownership of the business
reflected in the ownership docu/~ents. The minority owner(s) shall enjoy the
(King County 12-94) 145-2
MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.0~0
customary incidents of ownership and shall share in the risks and profits
commensurate 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 wlhich the claim
of minority-owned status under this chapter is based. The ~[nority owners
must possess and exercise the legal power to direct the ~mnagement and
policies of the business and to make day-to-day as well as major decisions on
matters of management, policy, and operations. If the owners of the business
who are not minorities are disproportionately responsible for the operation of
the business, then the business is not controlled by minorities. The business
must be ~owned, controlled, and managed on a day-to-day, full-tim~ basis by the
minority owner(s). The requirements of this subsection S.2. shall not apply,
if ~the minority business qualifies as a corporate sponsored dealership under
the provisions of WAC 326-02-030.
3. Ownership and control shall be measured as though not subject to
the: community property interest of a spouse if both spouses certify that:
a. Only one spouse participates in the management of the business;
b. The nonparticipating spouse relinquishes control over his/her
coKanunity property interest in the subject business.
T. "Minority Business" means a business certified by the Office of
Minority and Women's 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 director is authorized to determine that
specific racial groups have not been discriminated against in their ownership
and/or operation of particular trades or areas of business in King County.
The director may exclude such businesses from consideration as "minority
businesses" under this chapter, in connection with contracts involving such
trades or areas of business, as provided in Section 4.18.080 of this chapter.
U. "Minority or Minorities" means a person who is a citizen of the
United States and who is a member of one or more of the followin~ historically
disadvantaged racial groups:
1. Black or African American: Having origins in any of the Black
racial groups of Africa;
2. Hispanic: Of Mexican, Puerto Rican, Cuban, or Central or South
American culture or ori'gin;
3. Asian American: Having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;
or
4. ~waerican Indian or Alaskan Native= Having origins in any of the
original peoples of North America.
The director shall have discretion to make a final decision as to whether
an individual is a minority.
V. "Nonprofit Corporation" shall mean a corporation organized pursuant
to R.C.W. Ch. 24.03. In the case of nonprofit corporations organized under
the laws of a state other than Washington, a nonprofit corporation shall mean
one organized for one or more of the purposes set forth in R.C.W. 24.03.015
and meeting the definitions in R.C.W. 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 transferring those goods to the county, county contractors or
other persons doing business with the county for the purpose of obtaining any
advantage or benefit conferred under this chapter, without performing a
commercially useful function.
X. "Percentage Factor" shall mean the special ranking factors
145-3 (King County 12-94)
4.18.010
REVENUE AND FINANCIAL REGULATION
.'established by this chapter to be applied in certain competitive bid
situations where minority/women's businesses respond to solicitation or are
included as subcontracts in responding parties' responses to solicitation.
Y. "Purchasing Contracts" shall mean, but not be limited to, those
contracts which are awarded by the department of executive administration as
the representative of King County, or any contract awarded by King County for
the purchase of tangible goods.
Z. "Responding Party" shall mean any person, partnership, corporation or
business entity which makes a proposal as defined in this chapter in response
to a solicitation as defined in this chapter.
AA. "Service Contracts" shall mean those contracts for technical,
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 chapter, the term "service contracts"
shall include services provided to members of the public, including public
defender services, but shall not include construction, rental or leasing of
equipment or the traditional professional services such as consulting, legal
services, feasibility studies and design studies.
BB. "Set Aside" shall mean that proportion 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.
DD. "Solicitation" shall mean a contract awarding authority's request 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 solicitation which provides additional data
regarding the contract awarding authority's request.
EE. "Utilization Goals" shall mean those separately designated annual
goals for the use by King County of minority/women's businesses. The goals
shall be expressed as a numerical percentage of the total dollar value of all
contracts to be awarded by the county. These goals shall be applicable to
businesses organized for profit, along with governmental agencies and
quasi-goverrnnental agencies, unless the agencies are specifically excepted by
or in accordance with the provisions of this chapter.
FF. "Utilization Requirements," shall mean those efforts which the
responding parties, King County and the particular department shall make to
meet the county's utilization goals, including but not limited to the
percentage factors and set aside requirements established by this chapter.
GG. "Violating Party," shall mean a person or entity which has violated a
provision or provisions of this chapter.
HH. "Waiver Statement," shall mean a written statement directed to the
director containing reasons why any provision or provisions of this chapter
shall not apply to a particular person, partnership, corporation, business
entity, contract awarding authority, department, or other entity. Where a
waiver or waivers 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 as a women's
business enterprise and which has previously sought to do business in King
County. The director is authorized to determine that women as a class have
(King County 12-94) 145-4
MINORITY AND WOMEN'S BUSINESS 'ENTERPRISES 4.18.010 - 4.18.03D
not been discriminated against in their ownership and operation of particular
trades or areas of business in King County. The director may exclude such
businesses from consideration as "women's businesses" under this chapter, in
connection with contracts involving such trades or areas of business,
according to the procedure provided for in Section 4.18.080 of this chapter.
(Ord. 10205 ~ 1, 1991: Ord. 9609 ~ 2, 1990= Ord. 8937 ~ 2, 19~19~ Ord. 8313
~ 1, 1987: Ord. 8121, 1987: Ord. 7789 ~ 1, 1986: Ord. 7512 ~ 1, 1986: Ord.
5983 ~ 1, 1982).
4.18.020 Powers and ~utiea. A. In addition to the powers and duties
given to the King County executive elsewhere in this chapter, the executive
shall, through the director, department of executive administration have
responsibility for adrainistering, monitoring and enforcing the goals and
requirements identified in this chapter:
B. In addition to the powers and duties given the director, department
of executive administration elsewhere in this chapter, the director,
department of executive adm~nistration shall:
1. Establish rules, regulations, and procedures for implementing and
administering this chapter;
2. Reco~m%end to the King County executive annual utilization goals for
King County;
3. Have the authority to enter into cooperative agreements with other
government agencies concerned with increasing the participation of
minority/women's businesses in government contracting;
4. With the advice of contract awarding authorities, formulate and
periodically update a plan to make minority/women's businesses aware of
contracting opportunities with King County;
5. Review all King County solicitation lists and where possible, place
minority/women's businesses on such lists. These lists shall be updated
periodically. (Ord. 5983 ~ 2, 1982).
4.18.030 Utili~atien g~als. On or before the thirtieth day of April
1992, and every three years following that date, the administrator shall
submit to the King County executive for approval proposed utilization goals
for King County for the following three year period. Separate utilization
goals shall be established for the use of minority businesses and for the use
of women's businesses. These utilization goals shall be established
separately for each of the following types of contracts: architectural and
engineering contracts, construction contracts, consultant contracts,
concession contracts, and purchasing and service contracts. The utilization
goals shall be transmitted with the office of civil rights and compliance
annual report to the King County council for approval. Existing utilization
goals shall remain in effect until newly submitted ones receive final King
County council approval.
A. The utilization goals shall be reasonably achievable. To the extent
that relevant information is available, the utilizatio~ goals shall be based
on the following factors:
1. By contract category, the n~mber of firms certified by the State
Office of Minority and Women's Business Enterprises, seeking to do business
with King County as either prime or subcontractors;
2. By contract category, the total number of firms seeking to do
business with King County as either prime or subcontractors;
3. By contract category, the geographic area of competition;
4. By contract category, the capacity and/or capability of certified
minority and women's businesses seeking to do business with King County
compared with the capacity and/or capability of non-minority and non-women's
businesses seeking to do business with King County;
145-5 {King County 12-94)
4.18.030 - 4.18.040
REVENUE AND FINANCIAL REGULATION
5. By contract category, the number of minorities and women with
requisite skills in related occupations;
6. By contract category, the affirmative action goals for minorities
and women in related occupations;
7. By contract category, the rates of new entry by ~inorities and
women into related training, educational fields, and occupations;
8. By contract category, what availability would be absent
discrimination;
9. By contract category, rates of entry of new minority and women's
businesses compared to non-minority and non-women's businesses.
B. The following goals shall be the annual goals for ali. King County
departments until such time as new goals are approved by the King County
council:
Contract Category MBE% WBE%
Architecture/Engineering 17% 10%
Concessions 10% 5%
Construction 14% 8%
Consultant 6% 15%
Purchasing/Service 10% 3%
(Ord. 9609 ~ 3(part) and 4, 1990).
4.18.040 Accon~lizhn~nt of utilization goale. A. For all contracts,
accomplishment of utilization goals established by this chapter shall be based
on the dollar amount of the contract in question. Accomplishment of the goals
shall be calculated in the following manner:
1. General--The dollar value of any and all contracts awarded by a
contract awarding authority to a minority/women's business shall be counted
towards accomplishment of the applicable utilization goals.
a. The total dollar value of each contract awarded to businesses
owned and controlled by both minority males and non-minority females shall be
apportioned on the basis of the percentage of ownership to the utilization
goals for minorities and women respectively.
b. The total dollar value of a contract with a minority/women's
business owned and controlled by minority women shall be either counted toward
the minority utilization goal or the goal for women, or apportioned on the
basis of ownership between minorities and women, not to both.
2. Subcontracts--If a contractor uses subcontractors who are
minority/women's businesses, the amount which is given to the minority/women's
business for their work on the contract shall be credited towards; meeting the
applicable utilization goals.
3. Joint Ventures--Where one or more minority/women's businesses are
participants in a joint venture with one or more non-minority or non-women'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 applicable utilization goals.
4. Supplies/Materials--The contract awarding authority or a prime
contractor may count toward its utilization goals:
a. expenditures for materials and supplies obtained from
minority/women's business suppliers and manufacturers; provided that, the
minority/women's business assume the actual and contractual responsibility 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;
c. the amount of the commission paid to minority/women's businesses
and resulting from a particular contract with the county; provided that a
(King County 12-94) 145-6
MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.040 - 4.18.05~
minoritY/women's business supplier performs a commercially useful functio~ in
the process.
5. Brokers - Fronts - or Similar Pass-Through Arrangements. Businesses
acting as brokers, fronts, conduits or ~imilar pass-through arrangements shall
not be certified as minority/women's business enterprises, unless the
brokering service reflects normal industry practice and the broker performs a
convnercially useful function. Such businesses determined to be acting under
these arrangements or persons who create such arrangements shall be subject to
the penalties enumerated in this chapter.
B. The director, department of executive administration shall calculate
the accomplishment of utilization goals for King County. In the event of
disputes regarding these calculations, a department may request review of the
director'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/women's
businesses.
: D. The failure of a department or King County to meet the annual dollar
utilization goals established from time to time by this chapter shall not
constitute grounds for a lawsuit against a department or the county, provided
that the department or the county has made affirmative efforts to meet those
goals. The failure of a department to meet the requirements of this chapter
shall be reviewed by the King County executive and corrective action taken
where appropriate. (Ord. 7789 § 3, 1986: Ord. 5983 ~ '4, 1982).
4.18.050 Utilization zequiremente, 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:
1. Under the auspices of the director, the administrator shall begin
im~aediately to design a technical assistance and outreach program which shall
be established by April 1, 1992. This program shall include 'the following
elements:
a. A county-wide, industry-wide, regularly-scheduled contractor
orientation program to promote compliance with and understanding of the
provisions of this chapter and King County Code, Chapter, 12.16;
b. Feasible options for bonding, insurance, and banking assistance
for minority-owned and women-owned businesses;
c. A county-wide program, designed to assist departments in
enhancing opportunities for minority-owned and women-owned businesses;
d. A fully-developed and maintained resource list, to include all
available resources state-wide for minority-owned and women-owned businesses;
e. Such other program options as would serve to assist minority-
owned and women-owned businesses in overcoming the barriers of past and
present discrimination.
2. Prior to entering into any contract, the contract awarding
authority shall:
a. Make affizmative efforts to solicit proposals from
minority/women's businesses;
b. Examine alternatives for arranging contracts by size and type of
work so as to enhance the possibility of participation by minority/women's
businesses.
3. Prior to submitting any bid, proposal, or other response to a
solicitation for which subcontractors may be used, responding parties shall
n%ake good faith affirmative efforts to contact, solicit bids and proposals
from, and use minority/women's businesses.
4. The following shall be included in the body of the contract
document in any and all contracts signed between a contract awarding authority
and a contractor:
145-7 {King County 12-94)
4.18.050 - 4.18.060
REVENUE AND FINANCIAL REGULATION
a. A provision indicating that this chapter is incorporated by
reference into any and all King County contracts and failure to comply with
any of the requirements of the chapter by a contractor will be considered a
breach of contract.
b. A requirement that during the term of the contract the contractor
shall comply with, as to tasks and proportionate dollar amounts tlhroughout the
term of the c6ntract, all requirements for the use of minority/women's
businesses. In the absence of a waiver, minority/women's businesses which for
any reason no longer remain associated with the contract or the contractor
shall be replaced with other certified minority/women's businesses in
accordance with procedures established by the administrator.
c. A provision prohibiting any agreements between a responding party
and a minority/women's business in which the minority/women's business
promises not to provide subcontracting quotations to other responding or
potential responding parties.
d. The requirement of maintenance of relevant records, and
information necessary to document compliance with this chapter and the
contractor's utilization of minority and women's businesses in its overall
public and private business activities, and shall include the right of the
county to inspect such records. This shall be implemented no later than April
1, 1992.
e. A provision requiring the payment of specific liquidated damages
in the event a contractor fails to perform a commercially-useful function
and/or operates as a broker, front, conduit or pass-through, with the amount
of liquidated damages established in advance by the department of executive
administration based on the type of contract involved. The provision should
include the following language: The purpose of King County's minority/women's
business ordinance is to provide a prompt remedy for the effects of past
discrimination. The county in general, and this program in particular, are
damaged when a contract, or portion of a contract, to be performed by a
minority/women's business is not actually performed by a minority/women's
business enterprise in compliance with this chapter. Because the actual
amount of such damage is not reasonably calculable, the parties agree and
stipulate that liquidated damages of $ fairly estimate the amount
required to compensate the county for resulting delays in carrying out the
purpose of the program, the costs of meeting utilization goals through
additional contracts, the administrative costs of investigation and
enforcement and other damages and costs caused by the violation. (Ord. 10049
~ 1, 1991: Ord. 9609 § 5, 1990: etd. 8313 ~ 2, 1987: Ord. 7789 § 4, 1986:
Ord. 5983 § 5, 1982).
4.18.060 Utilization re~iro"~nta, aL~ecific. A. In order to expedite
achieving of the utilization goals established in accordance with this
chapter, the following utilization requirements shall apply to all competitive
bids and other responses to solicitation:
1. For all purchasing, service, and concession contracts and all
architectural and engineering contracts, consultant contracts and construction
contracts under ten thousand dollars, the director, with the advice of the
adr0inistrator, shall determine a percentage factor appropriate to offset the
effects of discrimination in the industry involved, which percentage shall be
used in determining which responding party is the lowest responsible bidder or
best proposal:
a. Responding parties whose bids are within the percentage factor of
the best proposal or the bid made by the lowest bidder shall be ranked in the
following order:
First, minority/women's businesses which will perform the entire contract
(King County 12-94) 145-8
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18. 060
unassisted and those minority/women's businesses which will exclusively ~se
minority/women's businesses as subcontractors, suppliers or in sirallar
assisting roles to the extent set forth above.
Second, minority/women's businesses which alone or as part of joint
ventures serve as the prime contractor where minority/women's business
participation is at least twenty-five percent of the dollar value of a
contract;
Third, non-minority/non-women's businesses which use minority/women's
businesses as subcontractors, suppliers, or in similar assisting roles in an
amount equal to at least twenty-five percent of the contract amount.
Fourth, non-minority/non-women's businesses which dc not use
minority/women's businesses as subcontractors, suppliers, or in sit, ilar
assisting roles to the extent set forth above.
b. A.ll responding parties within each particular ranking shall be
grouped according to the amount of their bid or the evaluation score of their
proposal as deterr~[ned by the awarding authority, with low bidders and higher
scoring proposals receiving the highest priority. The lowest bidder or higher
scoring proposal within the highest ranking category shall be 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-
subm/tted 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 pertinent facts.
d. Generally applied percentages shall be determined by com~nodity
area, 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 met:
a. Contracts for construction, consultant and
architectural/engineering services, the estimated cost of which exceeds ten
thousand dollars, shall require responding parties to include in their
responses to solicitation both minority and women's business par~:icipation in
the contract in a percentage which equals or exceeds the percentages
determined for the contract by the director. The director, with the advice of
the administrator, shall deter~u~ne the percentages for each contract based on
the extent of subcontracting opportunities presented by the contract and the
availability of minority and women's business enterprises qualified to perform
such subcontracting work. Such percentages may be higher or lower than the
annual goals for the type of contract involved.
b. Where a contract is awarded to a minority or women's business
which will perform at least twenty-five percent of the work, the set aside
requirements of these subsections shall not apply.
c. As part of the bid or proposal package, all responding parties
shall identify the dollar amount and/or percentage value of minority/women's
business participation. All responding parties shall also identify the
particular minority/women's businesses to be used in performing the contract,
specifying for each the dollar and/or percentage value of the participation,
the type of work to be performed, and other information as raay reasonably be
required to determine the responsiveness of the bid or proposal.
d. During the term of the contract, any failure to coK~ly with the
percentages of minority/women's business participation required for the bid or
proposal shall be considered a material breach of contract. The dollar value
145-9 (King County 12-94)
4.18.060
REVENUE AND FINANCI~ REGULATION
'of th~ total contract used for the calculation of the set-aside shall be
increased or decreased to reflect executed change orders unless:
(1) a waiver is obtained in accordance with K.C.C. 4.18.070A. after
consultation among the contract-awarding authority, the director and the
contractor; or
(2) the department obtains a reduction in the amount of the set
aside according to the procedure in K.C.C. 4.18.060B.
B. Departments may request a reduction in the amount of the set aside
for either or both minority business enterprises or women's business
enterprises or in the percentage factor to be applied under the percentage
preference method, by submitting the reasons therefor in writing to the
director.
1. The director, with the advice of the adrainistrator, may grant such
a reduction upon determination that:
a. The reasonable and necessary requirements of the contract render
subcontracting or other participation of businesses other than the bidder or
proposer infeasible at the adopted goal levels; or
b. Qualified minority and women's business enterprises capable of
providing the goods o~ services required by the contract, are unavailable in
the market area of the project, despite every feasible attempt to locate
appropriate minority and women's business enterprises to meet adopted goals.
c. The available minority and/or women's businesses have given price
quotes which are unreasonably high in that they exceed competitive levels
beyond amounts which can be attributed to cover costs inflated by the present
effects of discrimination.
2. ~y reductions in set aside amount granted by the director shall
specify the amount to which the set aside has been reduced.
C. Where this Section 4.18.060 specifies that a set aside or a
percentage factor shall be used for a particular type of contract, the method
specified is the preferred method for achieving the utilization goals. A
department may use the other method in its solicitation documents for a
specific contract if it determines that a method other than the one
established by this Section 4.18.060 will be a more feasible method of
achieving the annual utilization goal. In the event that a department chooses
to use a method other than the one specified in this Section 4.18.060, it
shall include in its annual report to the executive as required by Section
4.18.080 D. of this chapter, documents demonstrating that a method other than
the one established by this Section 4.18.060 is a more feasible method of
achieving the annual utilization goal.
D. All solicitation documents shall include the applicable requirements
of Sections 4.18.050 and 4.18.060. In addition, documents shall include a
provision prohibiting any agreement between a responding party and a
minority/women's business in which the minority/women's business promises not
to provide subcontracting quotations to other responding or potential
responding parties. Bids, proposals, and other responses which fail to meet
the requirements of this Section 4.18.060 shall, within the limitations of
federal and state law, be deemed non-~esponsive unless a waiver has been
granted pursuant to Section 4.18.070 of this chapter.
E. The percentage factor and set aside requirements of this Section
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 adrainistrator, to have met the applicable
county utilization goals as established by this chapter. The percentage
factor and set aside provisions of this Section 4.18.060 shall again apply in
each succeeding calendar year until the annual utilization goals for that year
have been met by the contract awarding authority.
(King County 12-94) 145-10
MINORITY AND WOMEN'S BUSINESS ENTERPRISES
4.18.060 - 4.18.07~
F. For the Kingdome food and beverage concession contract, the ~et aside
method of achieving utilization goals shall apply.
G. The requirements of this Section 4.18.060 shall cease to apply to
contracts awarded by King County and its departments on December 31, 1997,
unless reenacted by the King County council. (Ord. 10679 § 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 parties and contractors, may apply for waiver of one or
mor~ requirements of this chapter as they apply to a particular contract or
contracts.
A. Waivers may be granted by the director, with the advice of the
adatlnistrator, in any of the following circumstances;
1. When the needed goods and services are readily available from only
one source, in which case the contracting awarding authority shall, in
addition to the requirements contained in Ordinance No. 4551, K.C.C. 4.16.030,
submit a written justification of the need for sole source treatment to the
director who shall grant or deny the request for waiver within three business
days;
2. Emergencies, in which case emergency contracting shall be handled
in accordance with the requirements of Ordinance No. 4551, K.C.C. 4.16.050.
3. Contracts for which neither a minority nor a women's business is
available to provide needed goods or services, in which case a waiver may be
applied for in accordance with procedures to be developed by the
administrator. Prior to granting a waiver, the director shall certify that a
minority/women's business is in fact not available to provide the needed goods
and/or services.
4. Contracts awarded to non-profit organizations, governments and
governmental organizations including but not limited to municipal
corporations, consortiums and associations of governmental agencies or
officials and agencies created by interlocal agreement, per R.C.W. 39.34, or
by operation of state or federal law; where because of a responding party's
non-profit status, ownership of the corporation or other entity cannot be
determined. However, solely with the exception of contracts between King
County and cities and towns where King County is the grantee for federal or
state funds passed'through to such jurisdictions, the waiver shall not extend
to those profit-making contractors which contract with the referenced
responding parties.
5. When available minority and/or women's businesses haw~ given price
quotes which are unreasonably high in that they exceed cor~Detitive levels
beyond amounts which can be attributed to cover costs inflated by the present
effects of discrimination.
As a condition of granting any waiver, the director may require that
contractors or the contract-awarding authority make affirmative efforts to
utilize minority and/or women's businesses in the contract.
B. Where the executive determines that the reasonable and necessary
requirements of a contract render subcontracting or other participation of
businesses other than a responding party unfeasible, he/she may grant a waiver
from the set aside provisions of this chapter; PROVIDED THAT, the waiver shall
not be granted after the solicitation request has been publicly released by
the contract awarding authority; PROVIDED FURTHER THAT, the solicitation
specifications shall state that the waiver has been authorized and that
solicitations received, proposing subcontracting or other participation of
business other than the responding party, shall be rejected as non-responsive;
PROVIDED FURTHER THAT, following award of the contract, should subcontracting
145-11 (King County 12-94)
4.18.070 - 4.18.080
REVENUE AND FINANCIttL REGULATION
or participation of businesses other than the responding party become
necessary, the previously authorized waiver shall be null and void. The
contractor (original responding party) shall solicit both minority and women
business participation in a percentage which equals the contract awarding
authority's annual goal.
C. Where the executive determines that compliance with the requirements
of this chapter would impose an unwarranted economic burden on, or risk to,
King County as compared with the degree to which the purposes and policies of
this chapter would be furthered by requiring compliance he/she ~my 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 County council determ2~nes that the
waiver does not meet the standards of this section, the King County council
may by motion, within ten working days of the receipt of the notice determine
the waiver to be null and void. (Ord. 9609 ~ 7, 1990: Ord. 8937 ~ 5, 1989:
Ord. 5983 ~ 7, 1982).
4.18.080 Monitoring, reporting, and enforcement. A. The county
executive, through the administrator shall have the responsibility for
monitoring implementation of the requirements of this chapter and shall have
the power to request from departments, responding parties and/or contractors
any relevant records, information and documents.
B. Contract awarding authorities, with the assistance of the director
shall keep complete and detailed records regarding compliance with this
chapter. The records shall include the dollar value and the subject matter of
each contract along with the name of the contractor, the participation levels
(in dollars, number of contracts awarded, and type of work), of
minority/women's businesses where the contract award provides for
participation, and other information as the director deems necessary.
C. The administrator shall be responsible for gathering all information
concerning compliance with this chapter and shall have access to all pertinent
King County records.
D. With the assistance of the administrator each department shall submit
to the administrator an annual report on its performance in meeting the
utilization goals required by this chapter on or before March 15th of each
year. This report shall include the number and dollar amount of contracts
awarded, by contract category and the dollar amount and the percentage of
minority/women's business participation by contract and contract category and
by number of set-aside contracts, percentage preference contracts, contracts
requiring affirmative efforts, and contracts for which waivers were granted.
The report shall also identify problems in meeting the requireK~nts of this
chapter, if any, and suggestions for improvements.
E. Monitoring of Effects. The ada%inistrator shall establish procedures
no later than April 1, 1992 to collect evidence and monitor the effects of the
provisions of this chapter in order to assure, insofar as is practical, that
the remedies set forth herein do not disproportionately favor one or more
racial 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 extent further amenc~ents to this
chapter are required to effect these ends, the administrator shall prepare
appropriate ordinances for the council's consideration.
F. Certification and Recognition Process.
1. Pursuant to Chap. 328, Laws of 1987, the Office of Minority and
Women's Businesses of the State of Washington shall be solely responsible for
certifying and decertifying businesses. King County's minority and women's
(King County 12-94) 145-12
MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.080
business enterprise program is only for minorities and minority bus, ness'and
women's businesses and combination businesses as defined in K.C.C. 4.18.010;
therefore the director through the administrator shall recognize only those
combination minority and women's business enterprises or minority business
enterprises certified by the State of Washington which also meet the
definitions of K.C.C. 4.18.010, according to minority status information
provided to King County by the Office of Minority and Women's Businesses of
the State of Washington. Businesses are only eligible for King County's
programs so long as they re~in certified by the State of Washington.
2. It shall be considered a violation of this chapter 'to obtain, or
attempt to obtain, certification or the benefits of any provision of this
chapter, on the basis of false or misleading information, whether provided to
King County or to the Office of Minority and Women's Businesses of the State
of~ashington.
~ 3. No contract requiring or proposing minority/women's business
participation may be entered into unless all minority/women's businesses
identified to meet the utiliza~ on goals by a responding party were, at the
time the bid was submitted, cez ified by the Office of Minority and Women's
Businesses of the State of Washington and recognized by the director through
the administrator as eligible to participate 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 contract as proposed. Lists of certified and
recognized minority/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 participate in
the programs established by this chapter.
G. Where a complaint is filed within one year of the completion of all
work on a contract alleging a violation of this chapter by a contractor,
subcontractor or contract-awarding authority, or where, within that time
period, evidence of a violation is discovered from information gained through
cor~Dliance monitoring, the administrator shall cause to be served or mailed,
by certified 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
shall be directed to ascertain the facts concerning the violation alleged in
the complaint and shall be conducted in an objective and impartial manner.
During the investigation, the administrator shall consider any statement of
position or evidence with respect to the allegations of the complaint which
the complainant or the respondent wishes to submit.
1. The administrator shall have authority to sign and issue subpoenas
requiring the attendance and testimony of witnesses, the production of
evidence including but not limited to books, records, correspondence or
documents in the possession or under the control of the person subpoenaed, and
access to evidence for the purpose of examination and copying as is necessary
for the investigation. The administrator shall consult with the prosecuting
attorney before issuing any subpoena under this section.
If an individual fails to obey a subpoena, or obeys a subpoena but
refuses to testify when requested concerning any matter under investigation,
the administrator may invoke the aid of the King County prosecuting attorney
who shall petition 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 copy of the subpoena and proof of service,
and shall set forth in what specific manner the subpoena has not been complied
with, and shall ask for an order of the court to compel the witness to appear
and testify or cooperate in the investigation of the violation.
145-13 (King County 12-94)
4.18.080
REVENUE AND FINANCIAL REGULATION
' 2. The results of the investigation shall be reduced to writt=n
findings of fact and a finding shall be made that there either is or is not
reasonable cause for believing that a violation has been or is being
committed. If a finding is made that there is no reasonable: cause, said
finding shall be served on the complainant and respondent. Within thirty days
after service of such negative finding, the complainant shall have the right
to file a written request with the administrator asking for reconsideration of
the finding. The administrator shall respond in writing within a reasonable
time by granting or denying the request.
H. If the finding is made initially or on request for reconsideration
that reasonable cause exists to believe that a violation by a .contractor or
subcontractor has occurred, the administrator shall endeavor to remedy the
violation by conference, conciliation and persuasion, which may include
monetary compensation, the creation of additional opportunities for minority
or women's utilization on other contracts, or such other requirements as may
lawfully be agreed upon by the parties and the administrator. Any settlement
agreement shall be reduced to writing and signed by both parties. An order
shall then be entered by the administrator setting forth the terms of the
agreement. Copies of such order shall be delivered to all affected parties
and the original thereof filed with the division of records and elections.
If no agreement can be reached, a finding to that effect shall be made by
the adr~inistrator and incorporated in a preliminary order, with a copy thereof
furnished to the complainant and the respondent. The preliminary order shall
also include:
1. A finding that a violation has occurred;
2. The basis for such finding.
I. In the case of failure to reach an agreement for the elimination of
such a violation, and upon the entry of a preliminary order, the complaint and
any and all findings made and remedies ordered shall be certified by the
achministrator to the office of the King County hearing examiner for hearing.
A hearing shall be conducted by the office of the hearing examiner for
the purpose of affirming, denying, or modifying the preliminary order. The
hearing shall be conducted on the record and the hearing examiner shall have
such rule making and other powers necessary for conduct of the hearing as are
specified by K.C.C. 20.24.150. Such hearings shall be conducted within a
reasonable time after receipt of the certification. Written notice of the
time and place of the hearing shall be given at least ten days prior to the
date of the hearing to each affected party and to the administrator
Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues
of the complaint;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the
issues of the complaint;
4. To impeach any witness regardless of which party first called him
to testify;
5. To rebut evidence against him; and
6. To represent himself or to be represented by anyone of his choice
who is lawfully permitted to do so.
J. Following review of the evidence submitted, the hearing examiner
presiding at the hearing shall enter written findings and conclusions and
shall render a written decision and shall order one or more of the following:
1. Dismissal of the complaint when a violation is found not to have
occurred;
2. Suspension or cancellation of the contract in part or in whole;
3. Disqualification and/or debarment of the violator from
participation in county contracts for a period of up to five years;
(King County 12-94) 145-14
MINORITY AND WOMEN'S BUSINESS ENTERPRISES 4.18.080
4. Exclusion of the violator from future contracts Or vending until
demonstration of compliance;
5. Enforcement of any provision of the contract providing remedies,
such a~ penalties or liquidated damages for violation of contractual
provisions, or enforcement of any other remedy available under the laws of
King County. Upon a finding by the hearing examiner that a cont~actor has in
fact failed to perfor~ a cor~ercially useful function or has operated as a
broker, front, conduit or pass through business, liquidated damages specified
in the contract shall be imposed unless the hearing examiner finds that
iraposition of such damages would be clearly inequitable, in which case the
hearing examiner may order appropriate relief.
K. If a finding is made that there is reasonable cause to believe that a
contract-awarding authority has committed a violation, the finding shall be
forwarded to the county executive, who shall review the evidence and shall
order one or more of the following:
1. Dismissal of the complaint when a violation is found not to have
occurred;
2. Corrective personnel action;
3. Disqualification and suspension of authority of all members, any
board, co~ssion, or other body constituting the violating contract awarding
authority;
4. Enforcement of any other remedy available under the laws of King
County.
. L. Upon receipt of a written and signed allegation that a business owner
is improperly being considered to be, or has improperly been rejected as, a
minority business or women's business as defined in this chapter, or that a
waiver or reduction of set-aside requirements has been improperly denied or
granted, or if such information is discovered from information gained through
compliance monitoring, the director shall order that an inve~tigation be
conducted by the administrator. The pendency of such allegations or of
subsequent hearings on such allegations shall not be grounds to postpone or
restrain the award of any contracts then being advertised or for which bids
have been received. If there is reasonable cause to believe that corrective
action is warranted, the director will, upon ten days written notice to all
interested parties of whom he/she is aware, and upon publication of notice of
the hearing in the manner provided for the advertising of contracts, conduct a
hearing to determine whether or not the allegation is correct. The hearing
shall be recorded and each interested party shall have the right to call and
examine witnesses, to produce documentary and physical evidence, to
cross-examine witnesses, and to be represented by anyone of his/her choice
lawfully permitted 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 matter, and a representative of the executive or agency
conducting the investigation.
After the hearing, the director shall make findings and conclusions and
shall order appropriate corrective action, if any.
M. In addition to any other remedy available under the laws of King
County and the State of Washington any person, firm, corporation, business,
union, or organization which prevents or interferes with or retaliates against
a contractor and/or subcontractor's efforts to comply with the requirements of
this chapter or which submits false or misleading information ~o any King
County department or employee concerning compliance with this chap'~er 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 chapter. Each submission of false or misleading information shall
constitute a separate occurrence. (Ord. 10049 § 3, 1991: Ord. 9609 ~ 8,
145-15
(King County 12-94)
4.18.080 - 4.18.105
1990: Ord. 8937 ~ 6, 1989:
5983 ~ 8, 1982).
REVENUE AND FINANCI>%L REGULATION
Ord. 8313 ~ 4, 1987: Ord. 7789 ~ 6, 1986: Ord.
4.18.090 Annual ~po~ zeciui~ea. The administrator shall submit an
annual report 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 report shall include:
A. Statistics, and narrative where appropriate, demonstrating the
utilization of minority and women's businesses by department, contract
category, and the county, overall;
Bi' Statistics, and narrative where appropriate, demonstrating the number
and type of waivers granted;
C. Explanations of any investigative actions taken by office of civil
rights and compliance regarding the implementation, monitoring and enforcement
of this chapter;
D. Descriptions of any problems in the implementation reported by the
department, including proposed solutions;
E. Recommendations, as appropriate, regarding amendments to this
chapter;
F. Proposed utilization goals, as necessary. (Ord. 9609 § 9, 1990:
Ord. 7789 ~ 7, 1986: Ord. 5983 ~ 9, 1982).
4.18.095 Graduating fiz~s out of program. A. The office of civil
rights and compliance is directed to prepare a recommendation to the council
on a methodology and plan for graduating minority and women's businesses after
a certain number of years of certification or level of income above that used
for state certification. The executive shall submit such a recormnendation by
June 30, 1995.
B. Joint data base. The office of civil rights and compliance is
directed to study and prepare a recom~endation to the council on establishment
of a joint data base with one or more other local agencies for the collection
of availability and utilization data. The executive shall subnlit such a
recommendation by April 15, 1992.
C. The methodology and plan shall include specific objective criteria
and timeframes for reviewing minority and women's business enterprise
participation in King County's remedial program and determining when and under
what conditions individual firms shall be graduated from King County's
remedial program. (Ord. 11564 ~ 5, 1994: Ord. 10049 ~ 4, 1991: Ord. 9609 ~§
10-11, 1990).
4.18.100 Au~horiz&tion to 4~,,lement pro=edur~a. The county executive
shall implement such forms, administrative processes, and operational
procedures as are necessary to comply with the provisions of thi.s chapter by
February 1, 1988; provided that such forms, processes and procedures shall be
promulgated in compliance with Chapter 2.98; Rules of County agencies, with
the exception that administrative rules and regulations related to this
chapter shall be submitted for review by the administration and justice
committee (or its successor committee) fifteen days prior to filing with the
clerk of the council, the provisions of Chapter 2.98 notwithstanding. (Ord.
8318 ~ 5, 1987: Ord. 7789 § 9, 1986: Ord. 5983 ~ 10, 1982).
4.18.105 Im~l*,---nt&tion resources. This chapter shall be implemented
within the current level of resources allocated to the office of .civil rights
and compliance. No additional staffing shall be considered unless the office
of civil rights and compliance implements the county auditor's recommendations
to streamline its operations and demonstrates the need for additional staffing
(King County 12-94) 145-16
MINORITY~%ND WOMEN'S BUSINESS ENTERPRISES
through the use of relevant workload indicators
(Ord. 9609 ~ 12, 1990).
4.18.105 - 4.18.13D
and appropriate analys,is'.
4.18.110 E££e~t o£ ordinance, st&tu, o£ soZici~ionm. Each of the
provisions of this chapter shall apply to all contracts for which a
solicitation is released after the effective date of that provision of this
chapter. (Ord. 8318 ~ 6, 1987: Ord. 7789 ~ 9, 1986: Ord. 5983 ~ 11, 1982).
4.18.115 Effeotive ~e. Sections 4.18.010 and 4.18.080 of this chapter
shall take effect on January 1, 1988. Ail other sections of this chapter
shall take effect as provided in the King County charter. (Ord. 8313 ~ 7,
1987).
4.18.110 Sever~ilit~. The provisions of this chapter shall be
effective in all cases unless otherwise provided for by State o~= Federal Law.
The provisions of this chapter are separate and ~everable. The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion of this
chapter or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this chapter,
or the validity of its application to other persons or circumstances. (Ord.
8513 ~ 8, 1987: Ord. 7789 ~ 10, 1986: Ord. 5983 ~ 13, 1982}.
4.18.130 Study and ~eport. The county executive is authorized and
directed to enter into a contract with a qualified consultant to study the
discrimination against minority and women's businesses in the market areas
from which King County draws contractors and to recommend any appropriate
changes in King County's minority and women's business program or other
ordinances. The county executive shall report the results of this study to
the county council on or before August 31, 1989. (Ord. 8937 ~ 8, 1989).
145-17
(King County 12-94)
I I/8/9.~ Introduced D) Ron
CAJ:c)
mwb~cJn2 Proposed No.: 95-663
5 AN ORDINANCE relating to thc county's m notify and
6 women's business enterprises program, repealing Ordinance ,
7 5983. Sections I. as amended. 2. 4. as amended. 5, as
8 amended, 6. as amended, 7, as amended. 8, as amended, 9. as
9 amended, and 10, as amended, Ordinance 9609, Sections 3
10 (pan), 4, 10 and I I. as amended, and 12. Ordthance 8937,
Section 8, and Ordinance 8313, Section 7. and
12 K..C.C. 4.18.010. K.C.C. 4.18.020, K.C.C. 4.18.030,
13 K.C.C. 4.]g.040. K.C.C. 4.18.050. K.C.C. 4.1 $.060,
lq, C.C. 4.18.070, K.C.C. 4.18.080, K.C.C. 4.18.090,
15 K.C.C. 4.18.095, K.C.C. 4.18.100. K.C.C. 4.18.105,
16 K.C.C. 4.18.115 and K.C.C. 4.18.130, and adding new
17 sections to K.C.C. 4.18.
18 RE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
19 ._ ~,,.[I.O.N__L. Ordinance 5983, Sections I. as amended, 2, 4. as amended, 5. as
20 amended. 6, aa amended. 7. as amended. 8. as amended, 9. as amended, and I 0, as
21 amended. Ordinance 9609. Sections 3 (part). 4, 10 and I I, as amended, and 12, Ordinance
· 22 8937. Section g. and Ordinance 8313. Section 7. and K.C.C. 4.18.010, K.C.C. 4.18.020.
23 K.C.C. 4.18.030, K.C.C. 4.18,040. K.C.C. 4. I 8.050. K.C.C. 4.1g.060. K.C.C. 4.18.070.
24 K.C.C. 4 8080 KCC 4 8~' "~-
....... v:'v, K c- LC. 4.18.095, K.C.C. 4.1 g. I00. K.C.C 4.18.105,
25 K'C.C. 4.18. l 15 and K.C-C. 4.18.130 are hereby repealed.
26 NEW SECTION. SECTION 7. There is added to K.C.C. 4.18 a new section to read
27 as follows:
28
29
30
31
32
.33
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 ofconfi!ct, the specific definition spelled out below shall presumptively but not
conclusively, prevail.
A. #Admimstrator shall mcan the manager of the minority and women's business
enterprises and contract compliance division.
,026
B. "Affirmative Actmfl Plan" shall mean the written, torrnai county policy adopted
2 annuallv stat ng the goals and programs of county government to be performed in the
3 =teas ol contract compliance, equal employment opponumty and minorHy/women's
6 faith to contact and contract with minority/women's businesses. Where affi~rmative et"tons
7 are required by, or aro grounds for, waiving provisions ofthis chapter, the administrator'~
8 determination shall be based on procedures to be outlined in accordance with thc dictates
9 or'this chapter.
I0 D. "Agency Contracts" shall mean those nonuants not sub)eot to the usual
I I competitive procurement requirements and which result in the provision of services to.
12 county residents such as legal public defense, mental healOL and dsug and alcohol
14 E." ' '
Architectural and Engmeenng Comtacts" shall mean contracts for the
15 performance of a~hitectural and engmeenng sorviees by licensed and registered lqtms and
16 petsous acting as consul~,~ts to the county,
17 F. "Broker" shall mean a business which purchases goods or services from another
18 business or businesses for the sole pmlx~se of resale to the county or a contractor
19 business with the count),.
20 (3. ~Cenifination1, shall mean the process by which the Office o£ Minority end
21 Women's ' · -
Busmesses ot'~e State o£ Washington determines a business meets the criteria
22 trot a minority. Owned business enterprise, a women-owned business enterprise, and/or a
23 combination minority and women's business ente~rise as set tot:th in WAC chap. 326-02
24 _a~d WAC chap, 326-20.
25 H. "C ' ' · ·
omb nauon Minority and Women Business" m~ns a business certified as a
26 combination minority and women's bnsin~s enterprise by t~e Office of Minority and
27 Women's Businesses of the Stste of WaShington which is 50% legitimately owned and
28 controlled by minority males or minority businesses as defined in this chapter,
29 I, "Commercially Useful Function" shall mean the pen'ommnee of real and actu~d
30 services in the discha.-ge of any contrantual endeavor. T~e contractor must pett'orm a
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12026
responsibility of actually performing, managing and supervising. In determining whether a
Ihe IoUow~ng. will be considered:
I. Whether the business has the skill and expemse to perform work for which ~
is bcth.~has been certified;
2. Whether the business actually performs, manages and supcrvis~ thc work for
which il is being/has been ccmfied; and
3. Whether the business purchases goods anti/or scmces from a non-
minority/women's business enterprise and simply resells goods to the county, county
contractor, or other person doing business with thc county/'or the purpose o£aIlowmg
those goods to be counted toward~ ~ulfillment ofmthontytwomcn's business enterprise
utilizauon goals.
J. "Concession Cootxacc~" shall mcan those conh'acmal arrangements t'or the sale of
foocl.-bevemges ad/or items o£pcrsona] property at any facility owned and/or managed by
the county.
K. "Conduit" shall mea~ a minority/women's business with which a contractor ha~
agreed to subcontract, when ~¢ minority/women's business does not per/.orm the
subcontract, and instead thc subcontract is petfolllled by a non-minority/women's business.
L "Contract Awarding Authority" shall mean an), person with the power to enter
into a contractual arrangement binding the county and shall also mean the particular office:,
agenc? or division on whose b~halt'~he contract is entered. In addition, this term shall
include, but shall not be limited to heads o£eounty departments, divisions or ofliccs.
M "Contractor" shall mean any person` parmcrship, corporation, or other type of
business entity which has a contract with thc county, or serves in a subcontracting capacity
with an entity having a con~ract with the county for thc provision o£goods and/or services,
including but no( limited to constdtant, Professional, non-professional and t¢ch. nical
services and public work.
N. "Depanmem' shall rc£cr to any department as defined by county ordinance or
other applicable law and shall include all county agcncias not associated with a dcpanmem.
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These agencies shall s~mllarly discharge those duues this chapter rcqusres of dep: 'qent~
and shall include the coumy prosecuting attorney, the county assessor, and the count)'
council.
O. "Director" shall mean the directors o£executive departments and chiet' ol'ficers o£
P. "Front" shall mean a business which purports to be a rninonty~w~men's business
but which is actually owned and/or controlled in a manner which is inconsistent with the
requirements of certification.
Q. "Joint venture" shall mean an association o1' two or more persons, pannetships,
coq~orations or any combination o/' them, cstoblishcd to can3, on a single businas~ activity
which is limited in scope or direction. The degree to which a.ioim venture may- sittisfy
relevant utilization goals cannot exceed the proportionate interest of the mthority/,women's
business held as a member of thejoim venture in the work to be p~rfotrned. The
agreement eslabiishing the joint vemute, penn,ship or other multi-entity' relatiotu;hip shall
-be in writing. Further, rninonty/women's pamcipation in ajoim venture shall be hosed on
the sharing of teal economic interest in the venturo and shall include proportionate control
over management, interest in capital acquired by the joint venture, and interest in earnings.
R. "Legitimately' Owned and Controlled" shall mean for the purpose o£detstmining
whether a business is a "roinonty business" that minorities shall possess:
I. Ownership of at le~t tif~y..one pement interest in the business, unless the
minority business qualifies as a cot!oorete sponsored dealership under the provisions of
WAC 326-02-030. The ownership shall be mai and continuing, and shall go beyond the
pro lrotma ownership of the business refleeled in the ownership documents. The roiinor(~
_owner(s) shall enjoy the customary incidents of ownershipand shall share in the risks and
pro'ts commensurate with their ownership interest, as demonstrated by an examination of
the substance, rather than the form, ol'an'angemants.
2. Control over management, interest in capital, interest in profit or loss and
comnbutions to capital, equipment and expertise on which the claim of minotity,-ovmed
stants under this chapter is based. The minority owners must possess and exercise the legal
power to direct the management and policies of the business and to make day-to-day as
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12026
The requirements of this subsection R.2. shall not apply, if the minority business qualifies
as a curporaie sponsored dealership under the provisions of WAC 326-02-030.
3. Ownership and control shall be measured ~ though not subjecl.to me
b. The nonpamcipatmg spouse relinquishes control over his/her communir~y
RCW .35.58.050. approved by the voters;and assumed by the county pursuant to
RCW 36.56.010.
T. "Minority Business" means a business certified by the Office of Minority and
section and which has previously sought to do businass in King County. The executive is
their ownership and/or operauon of particular trades or areas of business in King County.
The executive may exclude such businesses ti'om consideration as "minority businesses"
as provided in Section 9 of this ordinance.
resident of the United States and who is a member of one or more of the following
historically disadvantaged racial groups:
I. Black or African American: Having origins in ~y of the Black racial groups
of Africa;
2. Hispan~:: Of Memcan. Puerto Rican, Cuban, or Central or South American
I
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3. Asian America: ~avlng origins in any of the origina~ peoples of the Far
'East. Southeast Asia. the Indian subcontinent, or the Pacific Islands: or
4 Amcnc~q Indian or Al~k~ Native: Having origins m any of the o['tginal
peoples of North America.
'~e cxccutive shall have disc~tion to m~e a final decision
individual is a minority.
V. "Nonp~t Co~tion" shall me~ a co~tion o~i~d pufsu~l to
RCW Ch..24.03. In the c~e o~nonpto~l co~tiom org~ized under the laws c,[a s~te
o~er lh~ Wuhington. a nonp~fit co~tion s~l m~ one org~i~d for one or mo~
of the pu~oses ~t fo~h in RCW 24.03.015 ~d mmin8 thc definitio~ in
RCW 2403.005.
W. "P~-~mugh".m~ ~ying or ob~ining go~ tram a non-women's busine~.
non-mino~ty b~in~s or n~-combi~on ~m~no~ b~in~, ~d ~elling or
~femng tho~ 8~ m ~e cowry. ~ con~cto~ or o~ ~m doing b~in~
~& ~e co~ for ~e p~ ofo~g ~y ad--ge or ~ne~t co~ under
c~ptet. ~thout peffo~ing a ~i~ly ~1 ~ction.
X. "P~mge Factor" s~l m~ ~e ~i~ ~ing f~o~ established b~ ~is
c~tet to ~ a~lied in ~n com~ bid si~fions ~ mino~/women's
b~in~ ~nd to ~licim~on ~ ~ incl~ ~ ~n~cu in ~n~ng pm~ies'
~es to soli~mtion.
Y. *Public Wo~ Con,ca" s~l i~l~ all ~ co--etlon. ~fion.
or impmv~mt o~er ~ o~i~ ~nten~ce. ~ted at ~e =ost of&e county. '
Z. "R~nding P~" s~ m~ ~y ~o~ ~m~p. co,option or bt~ine~
_m~ty which ~es a pm~ u defin~ in ~s ~pt~ in ~onse
defin~ in ~s c~p~.
AA. "So,icc Con~' s~l m~ ~ose ~n~cmai
p~u~ent of all s~ic~ incl~ing ~ ~. pmf~io~, t~l. ~d
co~ul~t se~ices. Co~ul~nt ~ic~ s~l[ inci~e leg~ s~c~ pm~d~ to ~e cowry
but shall not include ~hit~m~[ ~d engin~dn8 con~c~ M defined by ~ c~pIer.
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BB "$¢t Aside" shall mean Ihat proporl~on o£ each contract which
p3~tlCi~atlOn Of mlnorny~women s businesses as eslablished by th~s cllapler
C'C. "Small Bus~ness Concern" means a small business as dctinca Dursuanl
S¢C[ItUI ~ ot the federal Small Business Act and relevant regulations promulgated there~:o
DD. "Solicitation" shall mean a contract awarding authorlty's request tbr thc
,rovision o/'any one or more of the following: goods and services of any kind. equlpmem
leases, and rentals/purchase o£space. Solicitation shall include requests for proposals.
mvilat~ons to bid and similar teems. "Solicitation specifications," shall mean any
documents, literature ~r other inlbrmation accompanying a solicitation which provides
additional data regarding the contract awarding authority's request.
EE. "Tangible Personal Property Conuacla" shall mean. but not be limited to. those
contracts which are awarded by ~he county for the purchase of equipment, supplies,
materials, goods and roiling stock (revenue producing buses, vans, cars. railcars,
lOCOmotives, and trolley cars and bases}.
FF. "Utilization Goals" shall mean those separately designated annual goal,,' for thc:
use by Ihe county o£ minority/women's businesses. The goals shall be expressed as a
numencat percentage of the to~J dollar value o£all contrac~ to be awarded by the county.
These goals shall be applicable to businesses organized for profit, along v,4th governmental
agencies and quasi-governmental agencies, unless thc agencies are specifically excepted by
or in accordance with the provisions of this chapter.
GG. "Utilization Requirements" shall mean those efforts which the responding
om-ties, the county and ~hc pa. mcular department shall make to meet the coun~,'s utilization
goals, including but not Hmited to the percentage factors and set aside r~quircments
_eslablished by this chapter.
HH. "Violating Party." shall mean a person or entity, which has violated a provision
or provisions of this chapter.
11. "Waiver Statement" shall mean a wrstxcn statement directed to the admimstrator
comaming reasons why any provision or provisions of this chapter shall not apply to a
particular person, pannership, corporation, business entity, contract awarding authority,
nepanment, or other enttr,.. Where a waiver or waivers are granted, the utilization goals
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sJlall bc appticd ~n a manner so as to reelect thc loss of {he monetam,' value of {hose
contracts exempted from the requisttes or' th~s chapter.
JJ. "Women's Busmess" means a business certified by thc Ot'~cc ol' Minority and
~.Vonlen s Businesses ol' the State of Washington as a women's bus~ncss enterprise anci
which has prevtously sought to do business in K. ing Count)'. The e~ecutivc is authorized to
determine that women as a class have not been discriminated against in their ow~er.'shJp
and oporetion of particular trades or ~ of business in K. ing County. The executive may
exclude such businesses t'tom consJderetion as "women's businesses" under this chapter, in
connection with contracts involving such erodes or areas of business, according to the
procedure provided lot in Section 9 of this ordinance.
NEW .(::~:(~TION SECTION '~ There is added to lC.C.C, 4.18 a new section to/cad
as follows:
Powers and duties. A. In addition to the powess and duties given to the execu~!ive
_cis, ewhe/c in this chapter, the executive al'adl, through the adminismator, have/cSlx)nsibilit7
tot administering, monitoring and enforcing the goals and requirements identified in t~is
chapter.
B. The adminL1a=4tot shall:
' 1. Establish ndas, regulations, and procedures for implemenung and administering
tiffs chapter,
2, Recommend to the exectrdve annual utilization goals for the county;
3. Have the authority to entot into cooperative: alzmcrncnts with other government
a~enciec concerned with inctensing the panicipadon of minority/women's businesses ia
government contracting;
_ 4. With the advice or'contract awarding authorities, fotmuJate and periodically
update a plan to make nUnomy/women's businesses aware ofconnacting opporttmities with
the county; and
5. Review all count,/solicitation lists and whose possible, place minoti~/women's
b~inessea on such lists. T~? lists shall be updated peciodiMJly.
NEW SECTION. SECTION 4. There is added to K.C.C. 4.18 a new section to,/cad
as follows:
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Ulillzallon IEoals. Upon the completion or-the disparity study cai ed for tn Ordinance
4 approval proposed utilization goals [or the county for the [o[Iowtn~ I~ v~r p~rlod.
5 Separate utili~t~on goaJs shah be established ~or th= use of minority businesses and for the
6 use of women's b~inesses. These utili~tion goals shall be established sep~teiy for
9 The utili~tion goals shall be t~nsmiaed with the m~nori[y ~d women's business
I 0 ente~rises ~d contract compti~ce division's a~ual repoa to the council for approval.
Existing utih~non goals shall r~mam in effect until newty submined ones rective
12 council approval.
13 A. The utili~tion goals shall be re~onably achievable. To the extent that relevant
14 info,etlon is available, the utili~tion goals s~ll be b~ed on the following factors:
15 I. By con,ct catego~. ~e number offi~s certified by t~ State O~ce of
16 Minority ~d Women's B~iness Ente~dses. s~king to do b~iness wi~ th~ county ~
18 2. By con,ct catego~-, th= tolal number offi~s seeking to do business with
19 the county ~ either phme or subcontmctom;
20 3. By con,act catego~, the geographic ~ea ofcomptntmn;
21 4. By contract categom-, the capacity an~or capability of c~nifitd minority ~d
22 ~om*n's businesses seeking to do business with the co~ty comp~ed with the capacity
23 ~or capabiliD, of non-minority ~d non-women's b~inesses s~eking to do business with
24 [h~ county;
25 5. By commct catego~., t~t n~ber of minorities ~d women wi~ requisite
26 skills in rela~ed occupations;
27 6. By contract cat,aox, the a~ative action goals for minohti:s ~d women
30 related trmning, educational fields, and occupations;
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B Th= 1011owing goals shall be the annual goals £or all depat~menL~ until such
A~hi~ectut~Engineenng 17% I 0%
Conce~ions 10%
Public work i 4% 8%
Se~ice 6% 15%
T~gibl~
personal prope~/ 10% 3 %
NEW ~ECTION ~EC~ON ~. ~ere is ~ded ~o K.C.C. 4.18 a new section to read
u follows:
A~eompi~hmeat of utii~on ~ A. For all con~e~, aecomplis~em of
ufili~tion goals e~biish~ by ~s c~pter s~l ~ ~ed on ~e doll~ ~o~i or~e
con,ct in question. Accomplis~em oFthe g~s ~l be ~cul~ed in ~e follo~ng
I. ~n~l - ~e doll~ ~alue or~y ~d ~1 con~ a~ by a con,ct
a~ing au~on~ to a mino~W/~m~'s b~in~s s~l be co~ed to~ accomplis~ent
or,he applicable u~ili~tion goals.
~ ~e to~l doll~ ~lue of~h con,ct a~d~d Io b~in~ses o~ed ~d
con, lied by ~h mino~y males ~d non-mino~ fe~les s~l ~ ap~oned on ~e b~is
or~e ~8e o~o~e~hip ~o ~e u~li~tion go~s for ~no~es ~d ~men ~s~vely.
b. ~e to~l doli~ v~ ora con,ct ~ a mino~/~men's b~s o~ed
~ ~n~lled by mino~ ~men s~l ~ eider co~ted'~o~ ~ minon~ u~l~tion
g~l or Ihe 8o~ for wome~ or ap~on~ on ~e b~is of o~en~p ~ mmon~i~ ~d
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businesses, thc amount v,'hich is given to thc minonty/women's busincs~ for their work on ~hc
comract shall be credited ~ow~ds meeting ~e applicable utiJiz~non goals.
3. Joint Ventur:,~. Where one or more minon .r,,/women's businesses
utilization goals.
a. expeadi~ures for materials and supplies obzathed from mmon~'/women'$
the actual and contractual respousibiii .t), for ~e provision of the materials and suppiles:
b. its entire expenditure made to a mthofity/women's business manufacturer;
thar'~s, a supplier that produces goods from raw materials or substantially alters them before
c. the amoun! of the commis~on paid to rainority/women's businesses and
resulting from a particular- COnb*act with the county; provided that a m/nonty~women's
bus/ness supplier performs a comme~iaiiy useful ~unction in the process~
5. Btoker~ - Fronts - or Similar Pa~'~-Thmugh A~n.~,,,~ll{1 . Businesses acting as
brokers, fronts, conduits or sirniJa~ pass-th.~ough anangcments shall not be certified a~
minor~ty/womea,s busiae~ ~nterpttsea. unless the brokering service tefl¢¢~ normal indusb'T
practice and the broker perfon'us a ~omrnercially useful fi.~cfion. Such businesses
_determined to be acting under these arrangements or pet~ons who create such arrangemenL~
shaU be subject to the penah, ies enumerated in ~s chapter.
B. The administrator shall calculate ~¢ accomplishment of utilization goals for the
county, in the event of disputes regazding ~ese calculation, a dedattment may r~quest
review o£U~ admthJslzatot's decision by the executive.
C. A~et having me! their annual utilization goals, depanmnms shall conunue to make
aflirmati;,¢ el'forts to do busines~ With minot~ty~women's businesses.
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C). 'lq~e laiJure of a department or thc county to meet the annual dol~ :iiz~t~on
established l~om time to time by this chapter shall not constitute grounds fo~ . Lawsuit against
a department or thc count:,., pm','ideci that the department or the cot.. nas made affiI'rnatlvc
etlbrts to meet those goals. T~e ~'ailute ot'a department to meet the requtmmems of this
chapter shall be reviewed by the executive and corrective action taken where appropriate.
N£'~' SECTION SEC~T[ON 6. There is added [o K.C.C. 4.18 a new. section [o read
as follows:
Ufi!ization requirement1, generaL In order to mint the utilization goals established
in accordance with this chapter, efforts includin8 but not limited to thc £ollowim: shall be
I. Thc adminiltrator shall design a tecbolcul assistance, business davelopment and
outreac~ program. This program shall include the following clements:
a. A count-wide, industry-wide, regularly-scheduled contractor orientation
ptolp'arn to promote compliant: with and undcTstandin& o£th¢ pro'visious o/'this chapter and
'-K.C.C. 12.16;
b. Fea~bie options for bonding, insurance, and banJcing assistance for
minority-owned and ',,,omen-owned businnsses;
c. A county-wide pmgrar~ designed to assist depatunents in enhancing
opponunitics for nUnOri~-owned and women-owned businesses;
d. A fully-developed and mmnta~ned te.lot.uce llst. to include all available
rnsoumns state-wide for minority-owned and women-owned businesses; and
e. Such other program options as would serve to assist minority-owned and
women-owned businesses in ovetcomin8 the bamers o£past and present dL __~Lminatinn.
_ ~ In conjunction with the adminJslrator, each division wi0tin each dcpax~ent
shall annually ferm~axe a plan for ar..hicving the pu~oscs oft. his chapter, which plan shall be
submitted to thc edmin~'tratot for review. Each plan should include a fomca.~ of cunn'acts to
be admi~stered by the division, including estimates ofthe number, probable monetary value,
if known, and tTpc of contr,~cta to be awardecL and the nsumated solicitaUon dates. In
addition, each plan should include methocis and suggestions for encore'aging the development
and panicipatinn by fvl~rBs in such contracts.
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to enhance the possibility of patxtcipauon by mmorityiwomeffs businesses.
which subcomractors may be used. responding pa.r[ies shall make good faith affirmalive
efforts to contact, solicit bids and proposals from, a.nd use mthonty/women s businesses.
5, The following shall be included in the body 'ffthe contract document in any and
alt contracts signed ber, veen the county and a con~xactot:
a. A provision ~ndicatmg tl'~t I~s chapter is incorporated by reference inlQ ally
and all county contracts and failure to comply with any of thc requirements of the chapter by
a contractor will be considered a breach of conu'act.
b. A requirement that during the term oftbo contxact the contractor shall
comply with, as to tasks and proportionate dollar amotmts throughout the term of the
contract, all requirements for lhe use of minority/women's businesses. In the absence ora
the conU'act or the contxactor shall be replaced with other certified minority/women's
businesses in accordance with procedures established by the administrator.
c. A provision prohibiting any agreements between a responding p~. and a
mthonty/women's business in which the mmorttyiwomen's business promises not to provide
subcontracting quotations to other responding or potential responding parties.
d. The requirement of rnammnance of relevant mc6rds, and irfformation
_necessary to document compliance with this chapter and the contractor's utilization of
minority and women's businesses in its overall public and private business activities, and
shall include the right of the county to inspect such records.
e. A provision requiring the payment of specific liquidated damages in the
evem a contractor fails to perform a commercially-useful function and~or operates as a
broker, front, conduit or pess-thmugh, with thc amount of liquidated damages established in
advance by the administrator based on the type of contract revolved. The provision should
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include Ihe Ibilowing language: The puq~osc of King County's m~nonly~women's business
ordinance is to provide a prompt remedy for the effects of pa~t discriminauon, The county ~n
general and ibis ptogran~ m particular, a~c damaged when a contract, or pomon ora contract.
tO be perthrmed by a minom?women's business ~s not actually pertbrmed by a
minonty~women's business ente~fise in compliance with K.C.C. 4.18. Because the actual
amount of such damase is not tensunably calcuisble, the panics agree and stipulate that
liquidated damages equal to the dotia~ value of the u~lization by certified and recognized
businesses lost to thc coLm~y due m the violation, not to cxccnd 10 pc~c~-nt of~c dolla~ ~.alue
of the conu'ac~ shall be the amount tequi~-d to compensate thc county for resulting delays in
canting out the purpose of the program, the costs of meeting utilization goals tluough
additional conUncL~ the admi~'Ir~tive coals of investigation encl enforcement and other
damages and costa caused by the violation. The conU'actor shall be liable to the county for
such liquidated damages in the event thc contractor or a subcontractor fails to pcrform a
_commercially uscRd function and/or operates ns a front, conduit or p~ss-through, as defined
in K.C.C. 4.18.
NEW SECTION SECT'tON '/. There is added to K.C.C. 4.18 a new section to read
as follows:
Utilization requirements, specific ^. In order to expedite achieving of the
utilization goals established in acco~ancc with this chapter, thc following utilization
requlrementa shall app,., to ail competitive bids and other responses to solicitation:
I. For ail tangible pereomd prope~/, service, and co~,'~,ion contracts and all
architectural and engineering com~act~ co~-ultant conU-ac~ and public work conu'a~s under
ten thousand dollars, the administrator shall determine a percentage factor appropriate to
- offset the · ffecta of disc~mination in the indusuT involved, which pe~ente~c shall be used in
determining which responding pany is the lowest rcsponsible bidder or ~:-est proposal:
a. Ruspond~ng panics whose bids arc w~th~n the p~,c. emage factor of'the best
proposal or thc bid made by the lowest bidder shall be ranked in thc following order:
Fi~'L minori~//women businesses which will perform the entire conU'act
unassisted and those minori~T~,'omcn's busin-___~__ which will exclusively usc
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6 Third. non-minonw/non-.women's businesses which use inmont?women s
I 0 minonty/womcn's businesses as subcontractors, suppliers, or in similar asstsdng roles to the
12 b. All responding parties within each particular razfldng shall be grouped
13 according to the amount of their bid or the evaluation score of their p, mposal as dctcrrnincd
14 by th__e conuact awarding authority, with iow bidders and higher scoring proposals receiving
I 5 the highest priori~. The lowest bidder or higher scoring proposal within thc highest ranking
16 catego~, shall be awarded the contract in question.
17 c. In determining the percentage factor to be used for a particular contract, the
18 administrator shall cousider the following factors:
19 (1) Price differentials between M/WBEs and non-M",VBEs on previously.
20 submined bids;
2I (2) Standard industry, costs;
22 (3). Standard industry profit mazgi~s;
23 (4) Availability. of M/WBEa to perform as retailers, dis~"ibutors,
24 .. wholesalers and manufacturers, by commodity area; aad
25 ($) Other pertinent facts.
26 d. Generally applied percen~gcs shall be determined by commodity ama.
27 2. For ever')., public work. amhitecrmal and engineering, and service con,'act the
28 following set aside requirements shall be met:
29 a. Contracts for public work. service and amhitecmmbenginecring services, the
30 esnmated cost of which exceeds ten thousand dollar, shall require r~sponding panics to
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contract by the aflminis'u~tor. Thc adminisu-ator shall determine the percentages for each
contract based on thc extent of subcontsaehng oppormmties presented by the contract and the
availabi[iv,.' of minority and women's business entet~nsus qualified lo perform such
subcontracting wonk. Such pememages may be higher or lower than the arm~al goals for the
b. Wbere a contact is awarded to a minority or women's business which will
perform at least twenty-five percent of'the work. the set aside requirements of these
subsections shall not apply.
c. To the extent practicable and except in extenuating or special
circumstances, as determined by the administrator, responding parties shall identify the
specific minority/women's businesses to be .,~,.,4 in performing the contract, the dollar
_and/or percentage value of the participation, the work'to be performed by each
minority/women's business, and other information reasonably ml~ted to detennining the
responding parties' compliance with the county's minority/women's business
rcquiremants. In detannining what information shall be submitted and when it shall be
submined, the ndminislrator sha~l take into account the county's poli¢ic~ of mammizing
opponuniries for minority/women's businnssus, simplifying paperwork requirements for
bidders end propose~, and prohibiting bidders and proposers from shopping bids,
proposals end offers from minority/women's businesses.
d. During the term of the contract, any failure to comply with the percentages
of minority/women's business pa~,3ipation required for the bid or proposal shall bc
_cousidered a material br,~'h of contract. The dollar valu~ oftbe total conu'act used for the
calculation of the set-uside shall be incomsed or dec~nsed to reflect executed change orders
( I ) a VaUver is obtained in accordance with Section g.A of this ordinance
after cousuimtion among ~e contract awarding authority, thc adminis~ator and the
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accordln$ to thc procedure tn Section 7.B of this ordinance.
wtltin~ [o the administrator.
infeasible al the adopted goal levels; or
b. Qualified rmnon~ and women's business enterpnses capable of providing
the goods or servmes required by the contract, are unavailable in the market area of the
c. The available minority and/or women's businesses have given price quotes
which ~re unreasonably high th that they exceed competitive levels beyond amoums which
can be anributed to cover costs inflated by the present effects of discrimination.
2. Any mduction~ tn set aside amount granted by the adminisa'ator shall specify.
shall be used for a particular type of comract, the method specified is the preferred method
documents for a specific connect if it determines that a method other than the one established
by Section 7 of this ordinance will be a more feasible method of achieving the annual
utilization goal. In the event that a department chooses to use a method other than the one
specified in Section 7 of th~s ordinance, it shall include in its annual report to the executive as
reqmred by Section 9.D of this ordinance, documents demonstrating that a method other than
the one established by Section 7 of this ordinance is a more feasible method of achieving the
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D. All solicirai~on documents shall include the applicable requirements or Sections 6
a.nd ? ot this ordinance. In addition, documents shall include a provision prohibiting any
~gr~mem between ~ responding party, and a minority/women's business in which thc
mlnoniylwomcn's business promises not to prcvidc subcontrecting quotauons to other
responding or potential responding parties. Bids. proposals, and otbet responses which rail
meet the reqmremcnts or Section 7 or this ordinance shall, within the limitations of federal
and state law, be dccmcd non-responsive tanicss a waiver has been 8ranted pu~&'uant
Section 8 of this ordinance.
E. The percentage factor and set aside t~quirement~ of Section 7 of this ordinance
shall not apply to contracts awarded for the romaladcr of any calend~ year in which the
conu-arct awarding authority is determined by the adminis~"atot to have met thc applicable
county udliza~on goals as esmblisbed by ti'ds chaplet. The percentage faclor amd set aside
provisions of Section 7 of this ordinance shall again apply in each succeeding calendar year
until the annual utilization goals for tha~ yeas have been met by the contract awarding
authority.
F. For the K. ingdome toed and beverage concession con~acL the set aside method of
achieving utit!~'*~t!on goals shall apply.
G. The requimmants or' Section ? of this ordiuaaco shall cease to apply to conlzacts
awarded by the county and its depa,-tments on D~c~,l,ber 31, 1997, unless reenacted by the
council.
N~W ~ECTTON RF_CTrloI~ R There is added to K.C.C. 4.18 a new section to read
as £oll. ows:
Waivers. Cona-ac~ awamiing authorities, along with or on behalt'o£respondthg parties
_axl contractors, may apply for waiver of one ot more mClUimmeats of this chapter as they
apply to a particular coa~ract or conlz'acts.
A. $,Va~vets may be granted by the edmiaistretot in any of the following
circttmsl,~neas;
I. Wigan thc nc. cdcd goods amd .sc'~icas are readily available flora only one
in which case the contracting awaxding authority shall, in addition to the requirements
contained in K.C.C. 4.16, submit a wneea justification of thc need for sole source tte~'ncm
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provided ~h¢ request ~s complete;
-~. [:mergenc~es. In 'a..h~ch case emerg=ncy conu'ac[mg shall be handled in
accordance ~th the requ~mmen~ of K.C.C. 4.16.
3. Cont~c~ for which neither a minon~ nor a womtn's business
provide n~cd~d goods or se~'ices, in which ~e a waiver may be applied fo;'m accord~ce
with proced~s to ~ deveio~d by the admi~tor. Prior to g~ting a ~ivet. the
~mimstmtor shall ceni~ ~t a minofi~/womeffs b~iness is in fact not avaiable to providt
the herded goods ~or
4. Con~cm aw~dcd to non-profit org~i~tio~, govemmenm ~d gove~¢ntal
otg~i~fions includin~ but not limited to m~icip~ co~omtio~, consom~s
~ociatio~ of gove~en~t agencies or o~ciats ~d agencies created by intcrlocal
agmemenL ~ RCW 39.34, ot by op~don oldie or fede~ law; whe~
~nding p~'s non-profit s~. o~p of~e co~omfion or o~et enti~
dete~in~. Hoover. ~lel~ ~ ~e exception o~con~ ~n
~ to~ whm ~e co~ is ~e ~ for fede~ or~te ~ds p~d ~ugh to such
j~sdicfions. ~e ~ver s~l no[ extend to ~o~ ~fit-m~g con~ctom w~ch con,ct
~ ~c ~fe~nc~ ~n~g p~.
5. ~en av~iable ~no~ ~or womcffs b~in~es have given price quotes
which ~e u~bly high in ~at they exc~ come,five tevels beyond ~o~ which
~ ~ a~buted to cover co~ inflat~ by ~e p~em cffecm of dJscfimJna~on.
~ a condition of ~tin8 ~y wm~r, ~c ~tor may r~ ~t con~to~
or ~c con,ct a~ding au~on~ m~c ~tive effo~ to ud[i~ ~no~ ~or
~mcn's b~iness~ in ~e
B. ~erc ~c executive dctc~inm ~t ~c r~nabtc ~d neccss~ mq~menm of
a commct render subcon~g or o~cr p~cipation of b~m~es o~ct ~ a ~nding
~ unfe~ibic, h~shc may g~t a ~v~ ~m ~e set Midc pmvisio~
PROVIDED ~AT. ~e ~v~ s~l not ~ ~ted after ~e solici~fion mqu~t h~
pubticly rcJ~ed by the con,ct a~ing au~onw; PROVIDED FUROR ~AT.
soiici~tion specificatio~ s~ll s~te that ~e ~iver ~ b~n authon~d ~d ~at soticimtiom
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~eceived. proposing subcontracting or other pa~]cipation of busin: s other tha~
responding party, shall be rejected as non-responsive: PROVIDED FUR [ER ~.T.
f'oliow~ng award of. the contract, should subcontracting or participation of businesses other
than thc responding parLv become necessary., thc previously authorized waiver shall be null
and void. The contractor iongt,nal responding party,) shall solicit both minority, and ~('omen
busincss participation in a percentage which cquais thc contract awarding aut~ori~'s aAnual
goal.
C. lk'here the executive determines that complianc~ with the requirements of this
chapter would impose an unwarranted economic burden on. or risk to. the 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 oF waive the utilization requirements
of this chapter, PROVIDED TI-tAT upon taking such action, the executive shall notifi,, the
members of the council in writing and FURTHER PROVIDED, upon receipt of the not:ice, if'
the council determines that the waiver does not meet the standards of'this section, the cc~uncil
m~y by motion, within ten ,.~ork.ing days of'the receipt of the notice determine the waiver to
be null and void,
NEW SECTION. SECTION 9. There is added to K.C.C. 4.18 a new section to read
as follows:
Monitoring, reporting, and enforcement. A. The executive, through the
administrator, shall have the responsibility for monitoring implementation of the
r~luirernan~ of this chapter and shall have the power to request ~rom departments,
responding parties salt/or contractors any relevant records, information and documents.
B. Contract awarding authorities shall keep complete and detailed records regarding
¢omplianen with this chapter. The records shall include the dollar value and the subject
' mat~er of each contract along with the name of the contractor, the pani¢ipatiun levels (in
~lollars. number of cuntrac~s awarded, and type of work), of minority/women's businesses
where the cuntrnet award provides for paniclpation, and other im'orrnation a.s the
administrator' deems
C. The administrator shall be responsible t'or gathering all information concerning
compliance with this.chapter and shall have access to all pertinent county recaps.
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D. With the a. sslsta~cc 0[' the admintslrator, each dcpaxtmcnt shall suDmu to tile
administrator an ~uai mpon on ets ~o~ce m m~tmg Ihe utili~tion goals tequ~rd b)
this chapter on or before M~h 15~ or.ch ye~. ~ re~ s~ii incJude the n~bet :~d
doJt~ amo~t of cont~c~ swirled, by con.ct ~[ego~ ~d ~ doU~ ~ount ~d the
~centage ot'minonW/womcn s b~m~ ~icipation by con.ct ~d contract catego~. ~d
by n~bet of sel-~ide con~c~, pe~en~e preference con~c~, commcts requinng
affi~ative effo~. ~d contra for which waivem were g~ttd. The m~n s~ll also
identi~ problems in meeting ~e requi~menm of ~s c~p[er, ff~y, ~d suggestions for
improvement.
E. Monitoring of Eff~. ~e ~inis~mr s~l es~blish processes to collect
evidence ~d monitor the effec~ of the provisions of t~s c~pter in order to ~sure. i~ot~ ~
is pmcti~, t~at the ~medies set fo~ hmin do not ~p~nio~tely favor one or more
~cial or ethic groups ~d ~at the ~edies do not remain in effect beyond ~e point tha~:
~ey ~e requi~ to el~ ~ effec~ of d~m~tion in ~e 1o~1 connoting ind~ies.
T~e extent ~ ~dm~ to ~s ~t~ ~ ~ui~d to effe~ ~ese en~. the
~minis~tor s~ll p~ app~pfiate o~i~e~ for ~e ~eil's co~id~tion.
F. Cenifi~tion ~d Recogmtion ~.
1. P~t to C~p. 328. ~ of 1987, ~e O~c~ of Minomy ~d Women s
B~in~ of~e Stoic of W~gmn s~t ~ solely ~ible for ce~ing ~d
deceni~ing b~in~ses. ~e co~'s mi~n~ ~d women's b~ine~ ente~se prog~ is
o~y for mmo~ties ~d minon~ b~ine~ ~d ~men's bmme~es ~d combi~tion
b~inesses ~ defined in SecUon 2 offs o~i~ce; ~fo~ ~e ~ims~tor sha~l
~ogni~ only ~ose combi~fion minofi~ ~d women's b~in~s em~nses or minority
b~iness ente~nses ce~fied by ~e S~t~ of W~mn which ~so meet ~e ~etini~io~ ot'
~don 2 o~is o~c~. a~o~g to ~ofi~ sm~ ~o~ion provided to the coumy
by ~e O~ce of Minon~ ~d Wom~'s B~m~s of~ Sm~e of W~hington. Bminesses
~ only eligible for ~ co~'s pm~ ~ long ~ ~ey ~m~n certified by the State of
W~hington.
2. Il shall ~ co~ide~d a violation of ~is c~p~cr to obtain, or anempt to obtain.
c~ification or ~he benefi~ of ~y provision of ~is c~ter~ on ~e b~is of f~e or
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misleading inf( mon, v. ncther provided to [he county or [o the Office of Mino~lly
Women's Busi: ts or'the Slate of Washington.
3. N . contract requiting or p'tol~sing minomy/women's business punzcipation
may ~ ente~d into ~i~s all mino~tyl~men's b~i~es identified to m~t ~e utili~tton
go~s by a ~s~nding ~' ~m. at the time ~e bid ~ submiued, certified by I;he O~ce of
M~on~' ~ Wom~'s Bmin~ of the State of W~in~on ~d recogni~d by
a~inis~or m eligible ~o p~ci~te in the co~'s mino6~/~men's bmin~
~d ~e ~inis~tor de:e~i~ ~1 idemifi~ mino~/~m~'s b~in~s~ appe~ able to
~ffo~ a co~e~i~ly ~1 ~ction on ~ con~t ~ pm~se~ Lis~ of ce~ified ~d
~d mino6~/womeffs brain--s s~ll ~ pm~d~ m ~1 de~ mci m~e
av~lable m the public.
4. No bmin~ s~l apply to the co~' in o~ to ~ici~te in ~e pm~s
~mbli~ by this ch~t~.
O. ~em n complain ~ fil~ ~ o~ y~ of~e comple6on of~l work on a
c~t alleging a ~o~6on of~ ~ by a ~r. su~mt or cont~t-
a~ing au~fi~, or ~. ~n ~t time ~ ~e ora ~ola~on is d~ove~
~m i~o~ion 8~ ~u~ ~mpllmce ~onit~g, ~e ~in~tor s~ll ~me to
~ or mail~, by ~fi~ ~1. ~ ~pt ~ a copy of~e complaint or notice
promptly ~e m invention ~f. ~ inv~on s~l ~ ~t~ to mce~n
fa~ conc~ing ~e ~ola6on ~1~ in ~e compl~t md ~1 ~ ~u~ in m obj~tive
md im~ial ~er. ~ng ~ i~tigation. ~e ~t~ s~l comider my
~t of~sition or ~d~ ~ ~t m ~e ~om of the ~mp~nt which
complaint or ~e ~t ~es m ~it.
- 1. ~e ~i~tor s~l ~ve a~ofi~ m ~ ~ i~e ~ tequi~ng ~e
~ce ~d ~ony offs. ~e p~u~ion ot~ including bm not limited
lo ~ks. m~rds, co~nd~ ot d~ in ~ ~ion ot ~er
~on subpoe~e& md acc~ to evidence for ~e p~se of ~i~tion md copying
ncc=~D' tot ~e in~igation. ~ ~mi~tor s~l ~mult ~ ~e co~ty procuring
a~omey ~fote issuing ~y sub~ ~det ~is
Il'an individual Jails to obey a subpocfla, or obeys a suOpoefla bul reluses lo
$ subpoena. The pesi/inn shall be accompamcd by a copy of the subpoena a.~d proot of service
6 and shall set form in what specific manner the subpoena has not been complied with, and
7 shall ask for an order of'he court to compel the wimess to appea~ and testify, or cooperate m
8 thc investigation of thc violation.
9 2; The results o£tbe investigation shall be reduced to umt~en findings of fact and
10 finding shall be made that there either is or is not reasonable cause for believing th~;t a
I viotatton has been or is being committed. Ifa finding is made that there ~s no reasonable.
12 cause, said finding shall be served on the complainant and respondent. Within ~rty days
13 at, er service of such negative finding, the complainant shall have the right to file a ~rntten
14 request with the adminisu'a~or asking for recoasideration of the finding. The administrator
I $ shall respond in writing within a reasonable time by g~a.nting or denying the request.
16 H. I f t~e finding is made initially or on reque~ foe recousideration ~at reasonable
17 cause exists ~o believe that a violation by a con~'acto~ or subcontractor has occurred, the
18 adminismator shall endeavor to remedy the violation by con_terence, conciliation and
19 persuasion, wl'~ch may include monem~'y compensation, the creation of additional
20 opportuniiies for mthotity, or women's utiliz~ion on other conu~cl~, or such other
21 requirements as may law'fi, lily be agreed upon by the panics and the admialsLrator.
22 settlement agreement shall be reduced to writing and signed by both panics. An order shall
23 then be entered by th~: admiinstnnor serdng £otth the ten'us of the agr~mem. Copies of such
24 order shall be delivered to all affected parues and the original thereof filed with the division
25 - of records ,and elections.
26 '; If no ag~emcnt can be roached, a f'mthng to that effe:t shall be made by the
27 administrator and incorporated in a preliminary order, with a copy thereof furnished to
28 compiathant and the respondent. The preliminary order shall also include:
29 1. A finding that a violation has occurred:
30 2. The b~is for such finding.
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i. In the ca~e of failure to reach an agreement for the elimtnat~,~.n ol such a v3 =on.
and upon thc entry, cfa preliminary order, thc complaint and ::.ny and ali findings m==c and'
r~mediss ordered shah be certified by the ndmthisu'ator to the office of the count/heanng
examiner for heanng.
A heanng shah be conducted by the office of the beanng examiner for the purpos~ o f
a~rrnthg, denying, or modif'ying the preliminary order. The heanng shall be conducted on
the record and the heanng examiner shall have such role making and other powers necessar.~..
for conduct of the heanng as ate specified by K.C.C. 20.24. Such hcanngs shall be
¢onducred Within a reusonabJe time afler receipt ct' Ihe certification. '~l/rmen notice of the
time and place of the heanng shall be given at least ten days prior to the date of the beafins to
each affected party, and to the administrator.
Each par~ shah have the following rights, among others:
I. To call and examine wimnsses on any manet relevant to the issues of the
complaint;
2. To inm:xfuce documentary and physical evidence;
3. To eross-ey,,amine opposing wimesses on any matter relevant to the issu~es of the
complaint;
4. To impeach any witness mgardlces of which party first called him to te.~;ti~:
5. To rebut evidence against him/her, and
6. To repro:sent blmeelf/herselfor to be mpr'"-,~,ented by an'.vor~ of his/her choice
who is lawfully permitted to do so.
J. Following t,~view of the evidence submitted, the heating eXatmner presidthg at the
heating shall enter wriuen findings and conclusions and shall render a written decision and
shall order one or rnor~ of the following:
1. Dismissal of the complaint when a violation is found not to have occm-md;
2. Suspension or cancellation ofthe contract in part or in whole;
3. Disqualification and/or debarment of the violator from paflicipation in county..
contt'acts for a period of up to five yeats;
4. E.xcinsion of the violator from future contracts or vending until demonstration
o f compliance:
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other remedy available under the laws of thc county. Upon a finding by the heann§
operated aa a broker, front, conduit or pmls through busthcas, liquidated damages specified in
the contract shall be imposed unlass the hcanng exammer finds that ~mposition of such
damages would be clearly inequitable, in which caae the heanng cxamfiler may order
appropriate relief.
awarding authority has corn.mitred a violation, the finding shall be forwarded to the executive.
who shall review the evidence and shall order one or more of the following:
1. Dismissal of the complaint when a violation is found not to have occurred:
3. Disqualification and suspension of authority of all members, any board.
¢__ommission, or other body constituting the violating conlract awarding aufilomy;
4. Enforcememofa.nyofilerremedyavallableunder thelawsof filecoanty.
L, Upon receipt ora wria~n and signed allegation that a business ovmer is improperb,
being considered to be, or has improperly been rejected as, a minority business or wom,~n's
business as defined in this chapter, or that a waiver or reduction of set-aside requirements has
been improperly denied or _m'amed, or if such information is discovered from informatmn
ga/ned through compliance monitonng, the admi~'Jstrator shall conduct or caase to be
conducted an investigation. The pendency of such allegations or of subsequent heanngs on
being advertised or for which bids have been received. If there is reasonable cause to believe
interested parties o£ whom he/she is aware, and upon publication of notice of the hearing in
hearing to determine whether or not the allegauon is correct. Thc haa.nng shall be recorded
and each interested ParW shall have file right to call and examine w~messas, to produce
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· anyone of his/her choice lawfully perrnmcd to do so, The hcanng officer designated b? the
administrator shall permit testzmony to be given by any panics which would be
office affected b.v thc mve$ligauon.
After the heanng, the administrator or designated heating officer shall make fi:ndsngs
and conclusions and shall order appmpnare corrective action, if'any.
M. In addition to any other remedy available under the laws of thc county and the
Slate of Washington any p~t3on, firm. corporation, business, union, or organization which
prevents or inted'eres with or retaliates ~Emnst a contractor and/or subcofllractot's eft, arts to
comply with the requiremente of'this chapter or which submits false or misleading
information to an.v county, department or employee con~:eming compliance with this :hapter
shall be subject to a civil ponal~y of up m five thousand dollars t'or each occmTence, the
count)' having previously complied with the notice and hearing provisions of'this chapter.
Each submission of t'alse or m~sJeading informadon shall constitute a separate occur~.-ncc.
-- NTEWgff(TrTo~I ~'i:tTTI'ON 10. Thero is added to K.C.C. 4.18 a new section to
read as follows:
Annual report required. The administrator shall submit an annual report to thc
executive detailing performance of'the program by April I$ of each year. This report shall
be f'or, va:ded to thc council no later than April 30. The tepo~ shall include:
A. Statistics, and narrative where appropriate, demonsu~ting the utilization of
minori~.v and women's businesses by deparunent, conu'act category, and the county.
overall:
B. Statistics, and narrative Where appropriate, demonsLeating the number ~d type of'
waivers granted;
C. Explanations of'any investigative actions taken by the minority and women's
I~usiness enterprises and contract compliance division reganJing the implementation.
monitoring and enf'otcoment of' this chapter.
D. Descriptions of'any problems in the implementation reported by the department.
including proposed solutions:
E. Recommend~tion.~ as appropriate, regarding amendmcnts to this chapter: end
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12026;
F Proposed utiJizatmn goals, as neccssa.,2,,
NEW~E('"T'ION SECTION ll There is added to K.C.C. 4 18 a new section to
read as follows:
Studies and recommendations graduating rirms out of program. A. The
administrator is dir~:cted to pr~pase a recommendation to the council on a methodology and
plan for graduating minont3/a.~d women's businesses after a certain number of y'ears of
certification and level of income above that used for state certificatton. The exeeunve shall
submit such a recommendation ~ part of the overall recommendations resulting from the
disparity study commissioned pm'suant to Ordinance 11564.
B, The methodology and plan shall include specific objective cmena and
timefra.mes for reviewing minority and women's business enterprise participation in the
county's remedial program and determining when and under what conditions individual
firms shall be graduated from the coun .ty's remedial program,
NEW SECTION. S~CTION 12. There is added to K.C.C. 4.18 a new section
_read ~ follows:
Authorization to implement procednros. The executive shall implement such forms,
administrative processes, and operational procedures ~ am necessary to comply w~th the
provisions of this chapter;, provided that such forms, processes and procedu~s shall be
promulgated in compliance with ICC.C. 2.911, wflh the exce~tiun that adminisu-ative ales
regulations related to fi'ds chapter shall be submitled for review by the adminisu'ation and
ju.~ice comminee lot i~ succe~.qor comminee) fifteen days prior to filing with the clerk of the
council, the pmvisious of I<.C.C. 2.98 notwithstanding.
NEW S~CTION. SECTION ~ 'I. There is added to K.C.C. 4.18 a new section to
read as follows:
Minority and women's husinms enterprises program provisions applicable to
'metropolitan fnnetions. Nota.vith~tanding the requirements set forth in this chapter, in
order to foster a smooth transition and for the purposes of observing fedemt regulations.
the minority and ',,,'omen business enterprise provisions for MWB utilization set forth in
Ordinance 11032. Sections 19.G. tg.H. 19.J.2. and 19.K. and codified in
K.C.C. 28.20.040 D, K.C.C. 28.20.040 E. K.C.C. 211.20.050 B. and K.C.C. 211.20.060 shall
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continue to be applicable to the metropolitan funcuons performed b,', count)' pursua? ,
to chapter 35.58 RCW until the conclusion of the disparity study, co: ~ssioned pursuant
to Ordinance ~ 1564, and recommendations resulting from the study ate adopted and
approved by the council by otdinanca or as otherwise provided by the council. The
administrator shall administer and implement said provisions for contracts awarded in
direct support or'said metropolitan functions.
blEW SECTION SECTION ! 4 These is added to IC.C.C. 4.18 a new sec~ion to
read as follows:
Designation of DB£ Liaison Of~¢er. Tho adminislratot shall serve a,s thc
Disadvantaged Business Ente~tise ("DBE") Liaison Ofiqcet for purposes of compliance
with federal Department of Transportation and other federal and state agency l~m~cial.
msi~ rcquircments.
NE%V SECTION. SECTION ! 5 There is added to IC.C.C. 4.18 a new section to
read as follows:
-_ Federnl mad state requirement.s. In order to secure/in~nelal assistance from
federal and state a~encies, the adminislmWr shall provide for the participation ot'~rninority,
women and disadvantaged busin~_,¢_- ptw~uant to regulations and requirements imposed by
such federal and state agencies. The adminis'~ator may issue ndas and procedurcs and take
steps nec,-~n,'y to implement and COmply with applicable federal and sta{e laws and
regulations, inciudin8 the establishment of annual goals and contract goals for minority,
women and disadvantaged businesses.
~ Ellentive dar/. This oniinance shall take effect on January 1, 1996.
~ Severabilit7. The pwvisions of this ordinance shall be effective in
all cases unless otherwise provided by federal law. The provisions of this onlinance are
-separate and severable. The invalidity of any chase, santen~, paragraph, subdivision.
'sention or other portion of ~his Ordlnn,,,m or th~ invalidity of the application thereof to any
pe~on or eimumstance shall not affect the validity of gm remainder of this ordirm~ce or the
validity of thc application to other persons or circumstances.
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INTRODUCED AND READ for Ibc first time this ;~?,~ ~ day o[
PASSED by a vol, of~ ,o ~ this ~$ ~,y offs.
K. ING COUNTY COUNCIL
KING COUNTY. WASHINGTON
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A1-FEST:
Cl~rk of the Cmmeil
APPROVED this
Attac~un=nts:
None
Chair
dayof
King Counyx¢"~ti~,e-
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Exhibit C
Washington Cities InsuranCe
Authority
07-Apr-97
King County Solid Waste
ATTN: Lyne Davis
400 Yesler Room 600
Seattle,WA 98104-2637
APR 8 ~?
CITY OF AUSO~t
CITY CLERKS OFFICE
RE: City of Aubum
Waste reduction and recycling grant program for suburban cities.
Cert#: 1148
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 86 municipal corporations in the State of
Washington.
WCIA has at least $1 million per occurrence combined single limit of liability coverage in
its self insured layer that may be applicable in the event an incident occurs that is deemed
to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not an
insurance company, your organization cannot be named as an "additional insured'.
Sincerely,
Eric B. Larson
Assistant Director
cc
Diane Supler
Robin Wohlhueter
EO. Box 1165, Renton, WA 98057
(206) 277-7237 Fax277-7242