HomeMy WebLinkAbout97-060 - King County - Solid Waste Reduction and Recycling GrantINTERLOCAL AGREEMENT
Between
KLNG COUNTY and the CITY OF TUKWILA
PREAMBLE
1
O LG' O
CONTRACT 14D25347D
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 Tukwila, 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 to
King County and the City of Tukwila 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 funds 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 lll 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.
Since the City of Tukwila met the requirements to participate in the previous King County Solid Waste
Division grants -to- cities program, the City is ineligible to participate in Phase I of the current waste
reduction and recycling grant program. The City of Tukwila will be participating in Phase II, and
potentially Phase III. The City will spend its grant funds 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 Tukwila 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.
II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the parties to this Agreement shall be as follows:
A. 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 $10,971.
2. 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 previous quarter as
pertains to the scope of work; and b) reimbursement requests with copies of invoices 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:
(1) 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.
3. 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. Since one of the
City's means of evaluating project effectiveness is to survey residential use of compost bins one
year after distribution, the City will submit the final report within three months of completion of
the project(s) outlined in the scope of work, including project evaluation, but no later than
December 31, 1998.
4. 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.
5. 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
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recycled products. The City will also provide timely, telephone follow -up to all businesses
receiving technical assistance.
The City will hire a consultant team to serve as Business Recycling and Waste Prevention
Specialists who will provide the following to local businesses.
a. On -Call Assistance In the past, the City has received several telephone requests for
assistance each month. The City expects more requests in the future since the City has
placed an advertisement in the Yellow Pages.
b. Citv Initiated Assistance The City plans to target assistance to sectors which include
(but are not necessarily limited to) property managers of the largest waste generators
to offer City initiated assistance in recycling, waste prevention and the procurement of
recycled- content products. The City may also focus on assistance for specific
"problem" materials, such as plastics.
c. Technical Assistance Workshops The City will hold technical assistance workshops
or other special events, as circumstances indicate, to recognize businesses with
outstanding business recycling/waste prevention programs; and/or the City may
provide information to targeted industries about selected materials or the overall
benefits of recycling, waste prevention and the procurement of recycled- content
products.
Proiect Goals:
increase the visibility of the Tukwila Business Recycles program in the community;
increase awareness among businesses of the technical assistance offered by the City;
and
expand the number of businesses which receive technical assistance as a result of
increased promotion of the City's technical assistance program. The City hopes to
provide on -call assistance to 10 businesses and City initiated assistance to 40
businesses.
Deliverable:
Technical assistance to a minimum of 50 businesses
Proiect Evaluation:
In coordination with the City's evaluation of its business program under the King County
City Optional Program, the City will evaluate this project by undertaking the following:
tracking the number of firms assisted by the Tukwila Business Recycles program;
tracking the number of Green Works members (new, "Distinguished or "Partners
assisted;
tracking the number (and source) of calls for assistance; and
surveying garbage and recycling haulers to gain information about changes in diversion
rates for the business sector over a 9 month period.
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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
expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and /or are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County
which the County duplicates for distribution. Either the City's name and logo will appear on such
materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the
City for artwork or text provided by the City as follows: "artwork provided courtesy of the City
of Tukwila" and /or "text provided courtesy of the City of Tukwila."
4. 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.
M. DURATION OF AGREEMENT
This Agreement shall become effective on February 15, 1997 and shall terminate on December 31, 1998.
IV. TERMINATION
A. 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.
B. 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 II.A.2. and Section II.A.3.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable 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 provide further services
pursuant to this Agreement.
D. 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.
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V. AMENDMENTS
This Agreement may bc_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 written or verbal approval by King County. Such requests will only be approved if the proposed
change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the
activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever 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
A. 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 VII.B. applies.
B. 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
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Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be constiued
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.
The County and City recognize that time is of the essence in the performance of this Agreement.
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.
IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below:
City 4 IA
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(Title) d
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Date
City Atttor y
Pursuant to (C4 Ce /6
Approved as to form:
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Date
IX. TIME IS OF THE ESSENCE
X. SEVERABILITY
XI. NOTICE
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King County
Accepted for King County Executive
BY /U/ L
Director of Natural Resources
Date
King County P
Date
Pursuant to Motion No. 8857
Approved as to form:
secuting Attorney v
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G yel.fi,wil
Scope of Work and Budget
for the King County Waste Reduction and Recycling Grant Program
for the Suburban Cities
A. PROGRAM INFORMATION
1. City Name: City of Tukwila
3. Consultant: To be determined
EXHIBIT A
Contract #D25347D
2. Program Manager: Rebecca Fox
Associate Planner
City of Tukwila
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
4. Amount Requested: $10,971 (Phase II funds)
B. PROGRAM SCOPE OF WORK
1. Task: Waste Prevention Program
Proiect Description:
The City will organize and promote a community -wide waste prevention event which will
consist of residents holding yard -sales at their homes on the same weekend. The City will
publicize the event through mailings, yard -signs and newspaper advertising, and will stress
the value of reuse and waste prevention.
Proiect Goal:
The goal of the event is to publicize the recycle /reuse message to residents and ultimately
to limit the amount of material going to the landfill by providing an organized alternative.
Deliverables:
copies of all materials sent to participating residents
copies of promotional information
Proiect Evaluation: The City will evaluate the event by undertaking the following:
track the numbers of materials the City distributes
track the number of sites /households which sign -up to participate in the event
prepare and distribute a survey form to each participating site/ household to gauge the
potential waste prevention impacts of the event
2. Task: Residential Program Compost Bin/Materials Distribution Project
Proiect Description:
The City will distribute up to 200 subsidized recycled plastic compost bins to residents at
a Special Recycling Collection Event and /or a special event at the Tukwila Compost
Demonstration Garden. The City will publicize the event(s) through mailings to residents
and/or advertisements in newspapers. As opportunity exists, the City may also prepare
and distribute additional promotional and /or educational materials, such as stickers,
durable lunch kits and /or reusable shopping bags.
Proiect Goal:
The goal of this activity is to encourage composting and other responsible waste
prevention/recycling oriented behavior by distributing reduced -price compost bins and /or
other educational materials to residents.
Approximately, 2000 single family households subscribe to garbage service in the City.
Of these, approximately 460 households have yard waste service and generate about 359
tons of yard waste a year. At a minimum, the City hopes to encourage these households,
as well as those that do not have garbage and/or yard waste service, to
reduce /recycle /reuse their yard debris through backyard composting.
Deliverables:
copies of all promotional materials which residents receive
distribution of a maximum of 200 compost bins
distribution of promotional/educational materials, as applicable
Proiect Evaluation:
The City will evaluate success by undertaking the following:
tracking the total number of promotionaUeducational materials distributed to residents;
tracking the number of compost bins distributed to residents;
estimating the amount of yard debris that may be diverted from collection due to
backyard composting; and
preparing and administering a survey for residents to gauge their use of the distributed
compost bins over a 1 year period.
3. Task: Business Program
Proiect Description:
The City will offer technical assistance, either by telephone, mail or direct person -to-
person contact, to help businesses with recycling, waste prevention, and the purchase of
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6. During the performance 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.
7. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled /recyclable products wherever practical.
8. 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.
9. 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 funded 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.
11. This project shall be administered by Rebecca Fox, Associate Planner, at City of Tukwila, 6300
Southcenter Boulevard, Suite 100, Tukwila, Washington 98188, or designee.
B. The County:
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.
1. 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 Tukwila's budgeted grant funds
are $10,971 which is the City's current share of Phase II grant funds.
2. 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 identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment 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
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C. Scope of Work Timeline
1. Task: Waste Prevention Program Summer 1997
2. Task: Residential Program Spring Summer 1997/1998
3. Task: Business Program Throughout 1997
D. Scope of Work Budget
In part, the City will use King County's waste reduction and recycling grant funds as a 40%
match for several programs also undertaken by the City under the State of Washington's
Department of Ecology Coordinated Prevention Grant Program. King County's grant funds
will be used for the following:
1. Task: Waste Prevention Program
40% of printing, advertising, mailing costs ($4,400) 1,600
2. Task: Organics Program
40% of up to 200 compost bins $55 4,400
Subsidized bin cost to residents (40% of 200 $10) 800)
Other education materials for residents 800
3. Task: Business Program
Consultant Costs (approx. 90.5 hours x $55 /hr.) 4,971
Total Budget $10, 971
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CONTRACT AMENDMENT
Project Name
Agency /Contractor
Address
NECESSITY
FOR CHANGE
AMEND
To READ
AMEND
To READ
By
Title County Executive
Date
:kb H:\fomis\contract\tpamend.doc
Waste Reduction and Recycling
Grant Program
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
AMENDMENT REQUESTED BY:
Solid Waste Division
Organization
Rodney G. Hansen, Manager
Name
x
x Scope of Services
Time of Performance
Compensation
Results of Services
(7
AMENDMENT AFFECTS: "X" applicable items)
Page 1 of 3 Pages
Contract No. D25347D
Date Entered 4/18/9
Amendment No. 1
Date Entered
Method of Payment
Reliance
x Terms Conditions
It is necessary to change the Scope of Services since the City of Tukwila has been
allocated additional funds through the Solid Waste Division's current waste
reduction and recycling grant program.
PREAMBLE, Paragraph 3, Sentence 2
The City of Tukwila will be participating in Phase II, and potentially Phase III.
The City of Tukwila will be participating in Phase II and Phase M.
Section RAJ., Sentence 2
The total amount of funds available from this grant shall not exceed $10,971.
The total amount of funds available from this grant shall not exceed $16,738.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and
instituted on the date first above written.
KING COUNTY, WASHINGTON
W 4/1134.440)1AA1 4
ACKNOWLEDGEMENT AND ACCEPTANCE
Agency /Contractor
By
Title
Date
-475) ?V
CONTRACT AMENDMENT
Project Name Waste Reduction and Recycling
Grant Program
Agency /Contractor City of Tukwila
AMEND Section II.A.3.
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. Since one of the City's means of evaluating project
effectiveness is to survey residential use of compost bins one year after
distribution, the City will submit the final report within three months of completion
of the project(s) outlined in the scope of work, including project evaluation, but no
later than December 31, 1998.
To READ 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. Since one of the City's means of evaluating project
effectiveness is to survey residential use of compost bins, the City will submit the
final report within three months of completion of the project(s) outlined in the
scope of work, including project evaluation, but no later than April 30, 1999.
AMEND Section II.B.1., Sentence 3
The City of Tukwila's budgeted grant funds are $10,971, which is the City's
current share of Phase II grant funds.
To READ The City of Tukwila's budgeted grant funds are $16,738. Of this amount, $15,127
is Phase II monies and $1,611 is Phase III monies.
AMEND Section II.B.5.
Page 2 of 3 Pages
Contract No. D25347D
Date Entered 4/18/97
Amendment No. 1
Date Entered
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.
To READ The waste reduction and recycling grant program shall be administered by Lyne
Morris, Project Manager, or designee, specified by the King County Solid Waste
Division.
CONTRACT AMENDMENT
Project Name Waste Reduction and Recycling
Grant Program
Agency /Contractor City of Tukwila
AMEND Exhibit A, Scope of Work and Budget
To READ Exhibit A, Revised Scope of Work and Budget
Page 3 of 3 Pages
Contract No. D25347D
Date Entered 4/18/97
Amendment No. 1
Date Entered
Revised Scope of Work and Budget
King County Waste Reduction and Recycling (WR/R) Grant Program
for the Suburban Cities
A. PROGRAM INFORMATION:
1. City Name: City of Tukwila
2. Program Manager: Rebecca Fox
Associate Planner
6300 Southcenter Boulevard
Tukwila, WA 98188
TEL: (206) 431 -3683
FAX: (206) 431 -3665
3. Consultant: To be determined
4. Program Budget:
Exhibit A
Contract #D25347D
16,738.00 Total Contract Amount
(Phase It 15,127 Phase III: $1,611)
10,971.00 Original Contract Amount (Phase II funds)
10,971.00 Original contract amount incorporated in this
Revised Scope of Work Budget
5,767.00 Supplemental funds added under this Contract
Amendment (Phase II: $4,156 Phase III: $1,611)
16,738.00 Total Revised Scope of Work Budget
5. Program Summary: In the original Scope of Work, the City outlined plans for a Waste
Prevention Program, a Residential Program and a Business Program. This Revised Scope
of Work is comprehensive and includes all of the components of the original Scope of
Work which have been revised and expanded as described herein. The City undertook the
Waste Prevention Program in 1997 and may fund a similar program in 1998; the
Residential Program has been revised and expanded to include grasscycling promotion and
a pilot class, and to add a subtask for the City's 1998 Special Recycling Event; and funds
have been added to the City's Business Program.
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B. SCOPE OF WORK
Task 1: Waste Prevention Program
Proiect Description:
In 1997 and potentially in 1998, the City will organize and promote a community -wide waste
prevention event that will consist of residents holding yard -sales at their homes on the same
weekend. The City will publicize the event(s) through mailings, yard -signs and newspaper
advertising, and will stress the value of reuse and waste prevention.
Proiect Goal:
The goal of the event(s) is to publicize the recycle /reuse message to residents and ultimately
to limit the amount of material going to the landfill by providing an organized alternative.
Deliverables:
copies of all materials sent to participating residents
copies of promotional information
Proiect Evaluation: The City will evaluate the event(s) by undertaking the following:
track the numbers of materials the City distributes
track the number of sites/households which sign -up to participate in the event
prepare and distribute a survey form to each participating site/household to gauge the
potential waste prevention impacts of the event
Task 2: Residential Program
Subtask 2A: Compost Bin/Materials Distribution Project/ GrasscycIing
Promotion/Green Garden Pilot Class
Proiect Description:
a. The City will distribute up to 50 subsidized recycled plastic compost bins to residents at a
Special Recycling Collection Event and/or a special event at the Tukwila Compost
Demonstration Garden. The City has already purchased 34 compost bins, and will
purchase an additional 16 bins with the County's WR/R grant funds. The City will
publicize the event(s) through mailings to residents and/or advertisements in newspapers.
b. The City will cooperate with other jurisdictions to develop a promotional/educational
grasscycling campaign involving some or all of the following: print materials, direct mail,
bus boards, radio, TV, world wide web page, distribution of subsidized grasscycling
lawnmowers, and/or other means. A consultant, Pacific Rim, has been hired to provide
this campaign. The City may also prepare and distribute additional promotional and/or
educational materials which stress the value of home composting and grasscycling as
environmentally friendly alternatives to curbside yard waste collection and to self hauling
yard waste.
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c. The City plans to conduct a pilot class in "green- gardening," grasscycling and/or backyard
home composting to give residents further information on these topics.
d. The City also plans to improve Tukwila's Compost Demonstration Garden with a hedge
of native shrubs and/or a box to hold composting pamphlets for visitors.
Proiect Goal:
Approximately, 2000 single family households subscribe to garbage service in the City. Of
these, approximately 460 households have yard waste service and generate about 359 tons of
yard waste a year. The City hopes to encourage all single family households to
reduce /recycle /reuse their yard waste through backyard composting and grasscycling and to
use other "green gardening" techniques to lessen the negative environmental impacts of yard
care.
The City wishes to raise awareness among residents about both home composting and
grasscycling as alternatives to curbside yard -debris pick -up and drop -off at the transfer
station. The City hopes to reduce the amount of grass clippings collected through yard waste
programs and sent to local composting facilities.
Deliverables:
distribution of a maximum of 50 compost bins
copies of all promotionalleducational materials that the City produces for local residents to
promote the regional grasscycling campaign
pilot class in "green gardening," home composting or similar topic
list of improvements made at Tukwila's Compost Demonstration Garden
Proiect Evaluation:
The City will evaluate success by undertaking the following:
tracking the number of compost bins distributed to residents;
estimating the amount of yard waste that may be diverted from collection due to backyard
composting;
preparing and administering a survey for residents to gauge their use of the distributed
compost bins over at least a six month period;
tracking the number of residents who attend the pilot class and compiling the results of a
survey given to participants;
tracking the total number of and type of promotionaUeducational materials distributed to
residents; and
monitoring the quantity of material collected from the onset of the regional grasscycling
campaign through the end of 1998, and comparing the quantity of material collected
during this period to the quantity of material collected during the same period of time in
1997.
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Subtask 2B: Special Recycling Event
Proiect Background
For several years, the City of Tukwila has provided residents with an annual Tukwila Special
Recycling Event. This event provides residents with the opportunity to drop off recyclable
materials including bulky yard waste, clean scrap wood, appliances, ferrous metals, non-
ferrous metals, textiles, reusable household goods and used materials designated as moderate
risk waste, such as motor oil, petroleum based products, antifreeze, Lead acid batteries and
tires. The City has previously funded its Special Collection Events with funds from the King
County Solid Waste Division's City Optional Program (COP) and the Local Hazardous Waste
Management Program (LHWMP).
Proiect Description:
The City will supplement its funding from the COP and LHWMP to provide residents with the
City's 1998 Special Collection Event. The County's WR/R grant funds will be used to pay a
consultant, Pacific Energy Institute (PEI), to coordinate the event for the City and provide
publicity.
Deliverables:
coordination of 1998 Special Recycling Event
publicity for 1998 Special Recycling Event
copy of all event publicity materials
Proiect Goals and Objectives:
The City wants to give residents the opportunity to recycle and/or reuse materials that are not
included in local residential curbside collection programs.
Proiect Evaluation
The City will provide the County with a copy of the evaluation report that will be prepared for
the COP Program for the 1998 Special Collection Event and that will address the following:
the number of vehicles attending
the volume of each material collected
event cost by budget category
event comments
comparison of 1998 volumes and vehicles with prior year's events
summary of survey data collected (if taken)
Task 3: Business Program
Proiect Description:
The City will offer technical assistance, either by telephone, mail or direct person -to- person
contact, to help businesses with recycling, waste prevention, and the purchase of recycled
products. The City will also provide timely, telephone follow -up to all businesses receiving
technical assistance.
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The City will hire a consultant team to serve as Business Recycling and Waste Prevention
Specialists who will provide the following to local businesses.
a. On -Call Assistance In the past, the City has received several telephone requests for
assistance each month. The City expects more requests in the future since the City has
placed an advertisement in the Yellow Pages.
b. Citv Initiated Assistance The City plans to target assistance to sectors which include (but
are not necessarily limited to) property managers of the largest waste generators to offer
City initiated assistance in recycling, waste prevention and the procurement of recycled
content products. The City may also focus on assistance for specific "problem" materials,
such as plastics.
c. Technical Assistance Workshops The City will hold technical assistance workshops or
other special events, as circumstances indicate, to recognize businesses with outstanding
business recycling/waste prevention programs; and/or the City may provide information to
targeted industries about selected materials or the overall benefits of recycling, waste
prevention and the procurement of recycled- content products.
Proiect Goals:
increase the visibility of the Tukwila Business Recycles program in the community;
increase awareness among businesses of the technical assistance offered by the City; and
expand the number of businesses which receive technical assistance as a result of increased
promotion of the City's technical assistance program. The City hopes to provide on -call
assistance to a minimum of 10 businesses and City initiated assistance to a minimum of 30
businesses.'
Deliverable:
Technical assistance to a minimum of 40 businesses 1
Proiect Evaluation:
In coordination with the City's evaluation of its business program under the King County City
Optional Program, the City will evaluate this project by undertaking the following:
tracking the number of firms assisted by the Tukwila Business Recycles program;
tracking the number of Green Works members (new, "Distinguished or "Partners
assisted;
tracking the number (and source) of calls for assistance; and
surveying garbage and recycling haulers to gain information about changes in diversion
rates for the business sector over a 9 month period.
The City is funding its Business Program through both the King County WR/R grant program and the King
County City Optional Program (COP) for 1997 and 1998. The number of businesses that the City hopes to assist,
as per this Revised Scope of Work, is the same as the number of businesses that the City hopes to assist through the
COP and is limited by the funding available through that program for 1997 and 1998.
5
C. SCOPE OF WORK TIMELINE
Task 1: Summer 1997 and potentially Summer 1998
Task 2A: 1st quarter 1998 through 4th quarter 1998
Task 2B: 1st and 2nd quarters, 1998
Task 3: 1st quarter 1998 through 4th quarter 1998
D. SCOPE OF WORK BUDGET: King County WR/R Grant Program $16,738
The City of Tukwila will be using some of the County's WR/R grant funds as a match for
Washington Department of Ecology Coordinated Prevention Grant (CPG) funds. King
County's funds will be used for waste reduction and recycling activities. Moderate risk waste
activities, such as a green gardening class, will be paid for with CPG funds.
Since the City may decide not to use the County's WR/R grant funds for its 1998 Waste
Prevention Program, funds may be moved between tasks in this Revised Scope of Work upon
written and/or verbal request by the City based on the discretion of King County.
Task 1: Waste Prevention Program
Printing, advertising, mailing costs
(Costs for 1997 and 1998 events)
King County Waste Reduction and Recycling Grant Program
Task 2: Residential Program
Subtask 2A: Compost Bin/Materials Distribution Project/ Grasscycling
Promotion /Green Garden Pilot Class
Compost bins
(Including staff and composting wheel)
16 x $58= $928 tax ($.09)
Regional grasscycling campaign with other jurisdictions*
Promotional/educational materials
6
Total
5.389.48
5,389.48
5,389.48
1,011.52
4,710.00
Pilot class
Instructor 300.00
Room rental 50.00
Materials/handouts 100.00
Green gardening/composting mailing to residents
Postage 1,500.00
Printing pamphlets 1,000.00
Mail house preparation 200.00
Tukwila Demonstration Compost Garden improvements
Shrubs and box for pamphlets
Printed materials for distribution
600.00
500.00
Total 9,971.52
King County Waste Reduction and Recycling Grant Program 3,088.61
The County, having contracted with the consultant for the regional grasscycling campaign,
will provide a copy of the consultant's detailed budget for the task. The County will need
this budget to reimburse the City for its share of task related costs.
Subtask 2B: Special Recycling Event
Consultant Costs
Coordination with City staff and vendors /event publicity
($54 hour x 75 hours)
762.37
Total 762.37
King County Waste Reduction and Recycling Grant Program 762.37
Task 3: Business Program
Consultant $12,961.30
Printed Materials 1,500.00
Mailing house 500.00
Total $14,961.30
King County Waste Reduction and Recycling Grant Program 7,497.54
7
Within 30 days of executing the City's contract with a consultant for the Business
Program, the City will provide King County with a copy of the consultant's scope of work
and budget for this task. The City understands that the County will need the scope and
budget before reimbursing the City for consultant costs pertaining to this task.
8
By
CONTRAD!L \MENDMENT
Project Name
Agency /Contractor City of Tukwila
Address
NECESSITY
FOR CHANGE
Date
AMENDMENT REQUESTED BY:
Solid Waste Division
Organization
Rodney G. Hansen, Manager
Name
Tukwila, WA 98188
KING COUNTY, WASHINGTON
AAA g -t
Title County Executive
/I;i9K
:kb H:\fonnsbontract\mend. 6C
Waste Reduction and Recycling
Grant Program
6300 Southcenter Boulevard
Scope of Services
x Time of Performance
Compensation
Results of Services
By
Date
AMENDMENT AFFECTS:
Contract No.
Date Entered
Amendment
Date Entered
ci7 OlpO (0
No.
Page 1 of 2 Pages
D25347D
4/18/97
2
"X" applicable items)
Method of Payment
Reliance
x Terms Conditions
It is necessary to extend the duration of this agreement to coincide with the
duration of the grant program, which has been extended. Specific terms and
conditions need to be amended to reflect this change in duration.
AMEND Section ILA.3., Sentence 2
Since one of the City's means of evaluating project effectiveness is to survey
residential use of compost bins one year after distribution, the City will submit the
final report within three months of completion of the project(s) outlined in the
scope of work, including project evaluation, but no later than December 31, 1998.
To READ The final report is due within three months of completion of the project(s) outlined
in the scope of work, but no later than January 15, 2000.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and
instituted on the date first above written.
ACKNOWLEDGEMENT AND ACCEPTANCE
Agency /Contractor
1�WL
Title G
-.3
CONTRAC1 AMENDMENT
Project Name Waste Reduction and Recycling
Grant Program
Agency /Contractor City of Tukwila
AMEND S ection DI
Page 2 of 2 Pages
Contract No. D25347D
Date Entered 4/18/97
Amendment No. 2
Date Entered
This Agreement shall become effective on February 15, 1997 and shall terminate
on December 31, 1998.
To READ This Agreement shall become effective on February 15, 1997 and shall terminate on
September 30, 1999.
4„18.005
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
EXHIBIT 13
Chapter 4.18
MINORITY AND WOMEN'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 firms out of program.
Authorization to implement procedures.
Implementation resources.
Effect of ordinance, status of solicitations.
Effective date.
Severability.
Study and report.
(King County 12 -94) 145
REVENUE AND FINANCIAL REGULATION
4.18.005 Findings. The county council hereby finds the following facts:
A. In hiring and dealing with contractors and subcontractors of all
types, public and private owners, developers, 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 Coie 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. Although 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.
MINORITY AND WOMEN' 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 amendments set forth in
this chapter. (Ord. 9609 1, 1990: Ord. 8937 1, 1989).
4.18.007 Purpose. 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. All words shall have their ordinary and usual
meanings except those defined in this section which shall have in addition,
the meaning set forth below. In the event of conflict, the specific
definition spelled out below shall presumptively, but not conclusively
prevail.
A. "Administrator" shall mean the administrator of the King County
office of civil rights and compliance.
B. "Affirmative Action Plan" shall mean the written, formal King County
policy adopted annually, stating the goals and programs of county government
to be performed in the areas of contract compliance, equal employment
opportunity and minority /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 males or minority businesses as
defined in this chapter.
H. "Commercially Useful Function" shall mean the performance of real and
actual services in the discharge of any contractual endeavor. The contractor
must perform a distinct element of work which the business has the skill and
expertise as well as the responsibility of actually performing, managing and
supervising. In determining whether a business is performing a commercially
useful function, factors, including but not limited to the following, 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 services 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
REVENUIID FINANCIAL REGULATION
the purpose of allowing those goods to be counted towards fulfillment of
minority /women's business enterprise utilization goals.
I. "Concession Contracts" shall mean those contractual arrangements for
the sale of food, beverages and /or items of personal property at any facility
owned and /er-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 more persons,
partnerships, corporations or any combination of them, established to carry on
a single business activity which is limited in scope or direction. The degree
to which a joint venture may satisfy relevant utilization goals cannot exceed
the proportionate interest of the minority /women's business held 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 documents. The minority owner(s) shall enjoy the
(King County 12 -94) 145 -2
MINORITY AND WOMEN'S 6USINESS ENTERPRISES 4.18.010
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 which the claim
of minority -owned status under this chapter is based. The minority owners
must possess and exercise the legal power to direct the management and
policies of the business and to make day -to -day as well as major decisions on
matters of management, policy, and operations. If the owners of the business
who 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 -time 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
community property interest in the subject business.
T.
Minority
business
"Minority Business" means a business certified by the
and Women's Businesses of the State of Washington as
enterprise which is legitimately owned and controlled by
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 following 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 origin;
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. American 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
and meeting the definitions in R.C.W. 24.03.005.
W. "Pass- Through" means buying or obtaining
business, non minority business or non combination
forth
goods
Office of
a minority
a minority
in R.C.W. 24.03.015
from a non women's
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 REVENU D 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 governmental agencies, unless the agencies are specifically excepted by
or in accordance with the provisions of this chapter.
FF. "Utilization Requirements," shall mean those efforts which the
responding parties, King County and the particular department shall 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'_ BUSINESS ENTERPRISES 4.18.010 4.18.030
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, 1989: Ord. 8313
1, 1987: Ord. 8121, 1987: Ord. 7789 1, 1986: Ord. 7512 1, 1986: Ord.
5983 1, 1982).
4.18.020 Powers and duties. 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 administering, 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 administration shall:
1. Establish rules, regulations, and procedures for implementing and
administering this chapter;
2. Recommend 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 Utilization goals. 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 utilization goals shall be based
on the following factors:
1. By contract category, the number 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 Ring 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 REVENU•D 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 minorities 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 all 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 Accomplishment of utilization goals. 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 4.18.050
minority /women's business supplier performs a commercially useful function in
the process.
5. Brokers Fronts or Similar Pass Through Arrangements. Businesses
acting as brokers, fronts, conduits or similar 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
commercially 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 requirements, general. In order to meet the
utilization goals established in accordance with this chapter, efforts
including but not limited to the following shall be made:
1. Under the auspices of the director, the administrator shall begin
immediately 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 affirmative 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
make 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
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 throughout the
term of the contract, all requirements for the use of minority /women's
businesses. In the absence of a waiver, minority /women's businesses which for
any reason no longer remain associated with the contract or the 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: Ord. 8313 2, 1987: Ord. 7789 4, 1986:
Ord. 5983 5, 1982).
4.18.060 utilization requirements, specific. 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
administrator, 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
REVENUE•D FINANCIAL REGULATION
MINORITY AND WOMEN'. 3USINESS ENTERPRISES 4.18.060
unassisted and those minority /women's businesses which will exclusively use
minority /women's businesses as subcontractors, suppliers or in similar
assisting roles to the extent set forth above.
Second, minority /women's businesses which alone or 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 do not use
minority /women's businesses as subcontractors, suppliers, or in similar
assisting roles to the extent set forth above.
b. All responding parties within each particular ranking shall be
grouped according to the amount of their bid or the evaluation score of their
proposal as determined by the awarding authority, with low bidders and higher
scoring proposals receiving the highest priority. The lowest bidder or higher
scoring proposal within the highest ranking category shall be awarded the
contract in question.
c. In determining the percentage factor to be used for a particular
contract, the director shall consider the following factors:
(1) Price differentials between M /WBEs and non -MWBEs on previously
submitted bids;
(2) Standard industry costs;
(3) Standard industry profit margins;
(4) Availability of M /WBEs to perform as retailers, distributors,
wholesalers and manufacturers, by commodity area;,and
(5) Other pertinent facts.
d. Generally applied percentages shall be determined by commodity
area, and these percentages shall be implemented by April 1, 1992.
2. For every construction, architectural and engineering, and
consultant 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 participation 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 determine 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 may reasonably be
required to determine the responsiveness of the bid or proposal.
d. During the term of the contract, any failure to comply with the
percentages of minority /women's business participation required for the bid or
proposal shall be considered a material breach of contract. The dollar value
145 -9 (King County 12 -94)
4.18.060 REVENU•D FINANCIAL REGULATION
of the total contract used for the calculation of the set -aside shall be
increased or decreased to reflect executed change orders unless:
(1) a waiver is obtained in accordance with K.C.C. 4.18.070A. after
consultation among the contract awarding authority, the director and the
contractor; or
(2) the department obtains a reduction in the amount of the set
aside according to the procedure in K.C.C. 4.18.060B.
B. Departments may request a reduction in the amount of the set aside
for either or both minority business enterprises or women's business
enterprises or in the percentage factor to be applied under the percentage
preference method, by submitting the reasons therefor in writing to the
director.
1. The director, with the advice of the administrator, may grant such
a reduction upon determination that:
a. The reasonable and necessary requirements of the contract render
subcontracting or other participation of businesses other than the bidder or
proposer infeasible at the adopted goal levels; or
b. Qualified minority and women's business enterprises capable of
providing the goods or services required by the contract, are unavailable in
the market area of the project, despite every feasible attempt to locate
appropriate minority and women's business enterprises to meet adopted goals.
c. The available minority and /or women's businesses have given price
quotes which are unreasonably high in that they exceed competitive levels
beyond amounts which can be attributed to cover costs inflated by the present
effects of discrimination.
2. Any reductions in set aside amount granted by the director shall
specify the amount to which the set aside has been reduced.
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 responsive 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 administrator, 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'. BUSINESS ENTERPRISES 4.18.060 4.18.070
F. For the Kingdome food and beverage concession contract, the set 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
more 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
administrator, in any of the following circumstances;
1. When the needed goods and services are readily available from only
one source, in which case the contracting awarding authority shall, in
addition to the requirements contained in Ordinance No. 4551, K.C.C. 4.16.030,
submit a written justification of the need for sole source treatment to the
director who shall grant or deny the request for waiver within three business
days;
2. 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 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.
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• REVENUED FINANCIAL 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 may reduce or
waive the utilization requirements of this chapter;
PROVIDED THAT upon taking such action, the King County executive shall
notify the members of the King County council in writing and FURTHER PROVIDED,
upon receipt of the notice, if the King County council determines that the
waiver does not meet the standards of this section, the King County council
may by motion, within ten working days of the receipt of the notice determine
the waiver to be null and void. (Ord. 9609 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 requirements of this
chapter, if any, and suggestions for improvements.
E. Monitoring of Effects. The administrator shall establish procedures
no later than April 1, 1992 to collect evidence and monitor the 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 amendments 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 $USINESS ENTERPRISES 4.18.,80
business enterprise program is only for minorities and minority business 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 remain 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 Washington.
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 utilization goals by a responding party were, at the
time the bid was submitted, certified 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
compliance monitoring, the administrator shall cause to be served or mailed,
by certified mail, return receipt requested, a copy of the complaint or notice
of 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 REVENU D FINANCIAL REGULATION
2. The results of the investigation shall be reduced to written
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 administrator 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
administrator 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 3USINESS 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 as 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 contractor has in
fact failed to perform a commercially 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
imposition 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, commission, 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
is improperly being considered to be,
minority business or women's business
signed allegation that a business owner
or has improperly been rejected as, a
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
be
of
compliance monitoring, the director shall order that an investigation
conducted by the administrator. The pendency of such allegations or
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
each interested party shall have the right to call and
produce documentary and physical evidence, to
to be represented by anyone of his /her choice
The hearing officer designated by the director
given by any parties which would be directly
a representative of the executive or agency
shall be recorded and
examine witnesses, to
cross examine witnesses, and
lawfully permitted to do so.
shall permit testimony to be
affected by the matter, and
conducting the investigation.
After the hearing, the director
shall make findings
shall order appropriate corrective action, if any.
M. In addition to any other remedy available under
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 to any King
County department or employee concerning compliance with this chapter shall be
subject to a civil penalty of up to five thousand dollars for each occurrence,
King County having previously complied with the notice and hearing provisions
of this chapter. Each submission of false or misleading information shall
constitute a separate occurrence. (Ord. 10049 3, 1991: Ord. 9609 8,
and conclusions and
the laws of King
145 -15 (King County 12 -94)
4.8.080 4.18.105 REVENUE AND FINANCIAL REGULATION
1990: Ord. 8937 6, 1989: Ord. 8313 4, 1987: Ord. 7789 6, 1986: Ord.
5983 8, 1982).
4.18.090 Annual report required. 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;
B. 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 firms 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 recommendation by
June 30, 1995.
B. Joint data base. The office of civil rights and compliance is
directed to study and prepare a recommendation to the council on establishment
of a joint data base with one or more other local agencies for the collection
of availability and utilization data. The executive shall submit 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 Authorization to implement procedures. The county executive
shall implement such forms, administrative processes, and operational
procedures as are necessary to comply with the provisions of this 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 Implementation 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 AND WOMEN'_ BUSINESS ENTERPRISES 4.18.105 4.18.130
through the use of relevant workload indicators and appropriate analysis.
(Ord. 9609 12, 1990).
4.18.110 Effect of ordinance, status of solicitations. Each of the
provisions- of this chapter shall apply to all contracts for which a
solicitation is released after the effective date of that provision of this
chapter. (Ord. 8318 6, 1987: Ord. 7789 9, 1986: Ord. 5983 11, 1982).
4.18.115 Effective date. Sections 4.18.010 and 4.18.080 of this chapter
shall take effect on January 1, 1988. All other sections of this chapter
shall take effect as provided in the King County charter. (Ord. 8313 7,
1987)
4.18.120 Severability. The provisions of this chapter shall be
effective in all cases unless otherwise provided for by State or Federal Law.
The provisions of this chapter are separate and severable. 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.
8313 8, 1987: Ord. 7789 10, 1986: Ord. 5983 13, 1982).
4.18.130 Study and report. 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 11/95 Introduced By: Ron Sims
CAJ:cj
mwbecin2 Proposed No_: 95 -663
4 ORDINANCE NO. 1 20 2 6
5 AN ORDINANCE relating to the county's minority and
6 women's business enterprises program, repealing Ordinance
7 5983. Sections 1. 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 (part). 4, 10 and 11. as amended. and 12. Ordinance 8937,
I 1 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. 4.18.040. K.C.C. 4.18.050, K.C.C. 4.18.060.
14 K.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 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
19 SECTION 1. Ordinance 5983, Sections 1, as amended, 2, 4, as amended, 5. as
20 amended. 6. as amended. 7. as amended. 8, as amended, 9, as amended. and 10. as
21 amended, Ordinance 9609. Sections 3 (part), 4. 10 and 11, as amended, and 12. Ordinance
22 8937. Section 8. 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. 4.18.050, K.C.C. 4.18.060. K.C.C. 4.18.070.
24 K.C.C. 4.18.080. K.C.C. 4.18.090. K.C.C. 4.18.095, K.C.C. 4.18.100. K.C.C. 4.18.105,
25 K.C.C. 4.18.1 15 and K.C.C. 4.18.130 are hereby repealed.
26 FW SECTION SE TON R. There is added to K.C.C. 4.18 a new section to read
27 as follows:
28 Definitions. All words shall have their ordinary and usual meanings except those
29 defined in this section which shall have in addition. the meaning set forth below. In the
30 event of conflict. the specific definition spelled out below shall presumptively. but not
31 conclusively, prevail.
32 A. "Administrator" shall mean the manager of the minority and women's business
33 enterprises and contract compliance division.
m'1 1.1.1t•
1
l R. "Affirma Action Plan" shall mean the written. formal county policy adopted
2 annually. stating the goals and programs of county government to be performed in the
3 areas of contract compliance. equal employment opportunity and minority /women's
4 business contracting.
5 C. "Affirmative Efforts" shall mean making vigorous. documented attempts in good
6 faith to contact and contract with minority /women's businesses. Where affirmative efforts
7 are required by, or.are grounds for, waiving provisions of this chapter. the administrator's
8 determination shall be based on procedures to be outlined in accordance with the dictates
9 of this chapter.
10 D. "Agency Contracts" shall mean those contracts not subject to the usual
11 competitive procurement requirements and which result in the provision of services to
12 county residents such as legal public defense, mental health, and drug and alcohol
13 treatment.
14 E. "Architectural and Engineering Contracts" shall mean contracts for the
15 performance of architectural and engineering services by licensed and registered firms and
16 persons acting as consultants to the county.
17 F. "Broker" shall mean a business which purchases goods or services from another
18 business or businesses for the sole purpose of resale to the county or a contractor doing
19 business with the county.
20 G. "Certification" shall mean the process by which the Office of Minority and
21 Women's Businesses of the State of Washington determines a business meets the criteria
22 for a minority -owned business enterprise. a women -owned business enterprise, and/or a
23 combination minority and women's business enterprise as set forth in WAC chap. 326 -02
24 and WAC chap. 326 -20.
25 H. "Combination Minority and Women Business" means a business certified as a
26 combination minority and women's business enterprise by the Office of Minority and
27 Women's Businesses of the State of Washington which is 50% legitimately owned and
28 controlled by minority males or minority businesses as defined in this chapter.
29 1. "Commercially Useful Function" shall mean the performance of real and actual
30 services in the discharge of any contractual endeavor. The contractor must perform a
111u t,.D1&V,r— .os OLX
.t (11 a• n.usa••,r-.• .1% Otw
X2026
distinct element of work which the business has the skill and expertise as well as the
responsibility of actually performing. managing and supervising. In determining whether a
business is pertorming a commercially useful function. factors. including but not limited to
J the following. will be considered:
5 I. Whether the business has the skill and expertise to perform work for which it
6 is beingihas been certified;
7 2. Whether the business actually performs. manages and supervises the work for
8 which it is beingihas been certified; and
9 3. Whether the business purchases goods and/or services from a non
10 minority /women's business enterprise and simply resells goods to the county, county
11 contractor. or other person doing business with the county for the purpose of allowing
12 those goods to be counted towards fulfillment of minorityiwomen's business enterprise
13 utilization goals.
14 J. "Concession Contracts" shall mean those contractual arrangements for the sale of
15 food. beverages and/or items of personal property at any facility owned and/or managed by
16 the county.
17 K. "Conduit" shall mean a minority/women's business with which a contractor has
1 agreed to subcontract, when the minority /women's business does not perform the
19 subcontract, and instead the subcontract is performed by a non minorityiwomen's business.
20 L. "Contract Awarding Authority" shall mean any person with the power to enter
21 into a contractual arrangement binding the county and shall also mean the particular office,
22 agency or division on whose behalf the contract is entered. In addition. this term shall
23 include. but shall not be limited to heads of county departments. divisions or offices.
24 M. "Contractor" shall mean any person, partnership, corporation, or other type of
25 business entity which has a contract with the county or serves in a subcontracting capacity
26 with an entity having a contract with the county for the provision of goods and/or services,
27 including but not limited to consultant, professional, non professional and technical
28 services and public work.
29 N. "Department" shall refer to any department as defined by county ordinance or
30 other applicable law and shall include all county agencies not associated with a department.
3
c ut• Iltuatrtir•• rn MX
4
These agencies shall similarly discharge those dunes this chapter require- dep. cots
2 and shall include the county prosecuting attorney. the county assessor. an the county
3 council.
4 0. "Director" shall mean the directors of executive departments and chief officers of
5 administrative offices.
6 P. "Front" shall mean a business which purports to be a minorttyiwomen's business
7 but which is actually owned and/or controlled in a manner which is inconsistent with the
8 requirements of certification.
9 Q. "Joint venture" shall mean an association of two or more persons. partnerships,
10 corporations or any combination of them, established to carry on a single business activity
11 which is limited in scope or direction. The degree to which a joint venture may satisfy.
12 relevant utilization goals cannot exceed the proportionate interest of the minority /women's
13 business held as a member of the joint venture in the work to be performed. The
14 agreement establishing the joint venture, partnership or other multi entity relationship shall
15 be in writing. Further. minority/women's participation in a joint venture shall be based on
16 the sharing of real economic interest in the venture and shall include proportionate control
17 over management, interest in capital acquired by the joint venture. and interest in earnings.
18 R. "Legitimately Owned and Controlled" shall mean for the purpose of determining
19 whether a business is a "minority business" that minorities shall possess:
20 1. Ownership of at least fifty -one percent interest in the business, unless the
21 minority business qualifies as a corporate sponsored dealership under the provisions of
22 WAC 326 -02 -030. The ownership shall be real and continuing, and shall go beyond the
23 pro forma ownership of the business reflected in the ownership documents. The minority
24 owner(s) shall enjoy the customary incidents of ownership and shall share in the risks and
25 profits commensurate with their ownership interests, as demonstrated by an examination of
26 the substance, rather than the form, of arrangements.
27 2. Control over management, interest in capital, interest in profit or loss and
28 contributions to capital. equipment and expertise on which the claim of minority owned
29 status under this chapter is based. The minority owners must possess and exercise the legal
30 power to direct the management and policies of the business and to make day to-day as
1 1 1 •k •IlII •1' r,,, Ir
1O26
1 well as maior decisions on matters of management. policy. and operations. I the owners
of the business who arc not minorities are disproportionately responsible for the operation
3 of the business. then the business is not controlled by minorities. The business must be
4 owned. controlled. and manaued on a day -to -day full -ume basis by the minority owner(si
5 The requirements of this subsection R.2. shall not apply, if the minority business qualifies
6 as a corporate sponsored dealership under the provisions of WAC 326 -02 -030.
7 3. Ownership and control shall be measured as though not sublect.to the
8 community property interest of a spouse if both spouses certify that:
9 a. Only one spouse participates in the management of the business:
10 b. The nonparticipating spouse relinquishes control over his: ter community
1 I property interest in the subject business.
12 S. "Metropolitan functions'' shall mean those function(s) authorized by
13 RCW 35.58.050. approved by the voters, and assumed by the county pursuant to
14 RCW 36.56.010.
15 T. "Minority Business” means a business certified by the Office of Minority and
16 Women's Businesses of the State of Washington as a minority business enterprise which is
17 legitimately owned and controlled by a minority person or persons as defined in this
18 section and which has previously sought to do business in King County. The executive is
19 authorized to determine that specific racial groups have not been discriminated against in
20 their ownership andfor operation of particular trades or areas of business in King County.
21 The executive may exclude such businesses from consideration as "minority businesses"
22 under this chapter, in connection with contracts involving such trades or areas of business,
23 as provided in Section 9 of this ordinance.
24 U. "Minority or Minorities" means a person who is a citizen or lawful permanent
25 resident of the United States and who is a member of one or more of the following
26 historically disadvantaged racial groups:
27 1. Black or African American: Having origins in any of the Black racial croups
28 of Africa:
29 2. Hispanic: Of Mexican. Puerto Rican. Cuban, or Central or South American
30 culture or origin:
6
2u
3. Asian Amenca 'avrng origins in any of the original peoples of the Far
East. Southeast Asia. the Indian subcontinent. or the Pacific Islands: or
3 4. American Indian or Alaskan Native: Having origins in any of the original
4 peoples of North America.
5 The executive shall have discretion to make a final decision as to whether an
6 individual is a minority.
7 V. "Nonprofit Corporation" shall mean a corporation organized pursuant to
8 RCW Ch..24.03. In the case of nonprofit corporations organized under the laws of a state
9 other than Washington. a nonprofit corporation shall mean one organized for one or more
10 of the purposes set forth in RCW 24.03.015 and meeting the definitions in
1 1 RCW 24.03.005.
12 W. "Pass-Through"-means buying or obtaining goods from a non women's business.
13 non minority business or non combination women/minority business, and reselling or
14 transferring those goods to the county, county contractors or other persons doing business
15 with the county for the purpose of obtaining any advantage or benefit conferred under this
16 chapter. without performing a commercially useful function.
17 X. "Percentage Factor" shall mean the special ranking factors established by this
18 chapter to be applied in certain competitive bid situations where minority /women's
19 businesses respond to solicitation or are included as subcontracts in responding parties'
20 responses to solicitation.
21 Y. "Public Work Contracts" shall include all work, construction, alteration, repair,
22 or improvement other than ordinary maintenance, executed at the cost of the county.
23 Z. "Responding Party" shall mean any person, partnership, corporation or business
24 entity which makes a proposal as defined in this chapter in response to a solicitation as
25 defined in this chapter.
26 AA. "Service Contracts" shall mean those contractual arrangements made for the
27 procurement of all services including expert personal, professional, technical. and
28 consultant services. Consultant services shall include legal services provided to the county
29 but shall not include architectural and engineering contracts as defined by this chapter.
da, ntIn&,rir....,s nor
v YI 1 l\ ■llri■1101 dX"
1X026
BB. "Set Aside" shall mean that proportion of each contract which is designated for
panic :nation of mtnonty /women s businesses as established by this chapter
CC. "Small Business Concern means a small business as defined pursuant 10
4 Section 3 of the federal Small Business Act and relevant regulations promulgated thereto
5 DD. "Solicitation" shall mean a contract awarding authority's request for the
6 provision of any one or more of the following: goods and services of any kind. equipment
7 leases. and rentals /purchase of space. Solicitation shall include requests for proposals.
8 invitations to bid and similar items. "Solicitation specifications." shall mean any
9 documents. literature or other information accompanying a solicitation which provides
10 additional data regarding the contract awarding authority's request.
11 EE. "Tangible Personal Property Contracts" shall mean. but not be limited to. those
12 contracts which are awarded by the county for the purchase of equipment. supplies.
13 materials. goods and roiling stock (revenue producing blues, vans, cars. railcars.
14 locomotives. and trolley cars and buses).
15 FF. "Utilization Goals" shall mean those separately designat -.d annual goals for the
16 use by the county of minority /women's businesses. The goals shall be expressed as a
17 numerical percentage of the total dollar value of all contracts to be awarded by the county.
18 These goals shall be applicable to businesses organized for profit, along with governmental
19 agencies and quasi governmental agencies. unless the agencies are specifically excepted by
20 or in accordance with the provisions of this chapter.
21 GG. "Utilization Requirements" shall mean those efforts which the responding
22 parties. the county and the particular department shall make to meet the county's utilization
23 goals, including but not limited to the percentage factors and set aside requirements
24 established by this chapter.
25 HH. "Violating Party" shall mean a person or entity which has violated a provision
26 or provisions of this chapter.
27 I1. "Waiver Statement" shall mean a written statement directed to the administrator
28 containing reasons why any provision•or provisions of this chapter shall not apply to a
29 particular person. partnership. corporation. business entity. contract awarding authority,
30 department. or other entity. Where a waiver or waivers are granted. the utilization goals
7
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.
3 JJ. "Women's Business" means a business certified by the Office of Minonty and
a Women's Businesses of the State of Washington as a women's business enterprise and
5 which has previously sought to do business in King County. The executive is authorized to
6 determine that women as a class have not been discriminated against in their ownership
7 and operation of particular trades or areas of business in King County. The executive may
8 exclude such businesses from consideration as "women's businesses" under this chapter. in
9 connection with contracts involving such trades or areas of business. according to the
10 procedure provided for in Section 9 of this ordinance.
I 1 aiFW SECTION SECTION 3. There is added to K.C.C, 4.18 a new section to read
12 as follows:
13- Powers and duties. A. In addition to the powers and duties given to the executive
14 elsewhere in this chapter. the executive shall, through the administrator, have responsibility
8
2026
15 for administering, monitoring and enforcing the goals and requirements identified in this
16 chapter.
17 B. The administrator shall:
18 1. Establish rules, regulations. and procedures for implementing and administering
19 this chapter,
20 2. Recommend to the executive annual utilization goals for the county;
21 1 Have the authority to enter into cooperative agreements with other government
22 agencies concerned with increasing the participation of minority /women's businesses in
23 government contracting;
24 4. With the advice of contract awarding authorities, formulate and periodically
25 update a plan to make minority /women's businesses aware of contracting opportunities with
26 the county; and
27 5. Review all county solicitation lists and where possible. place minority/women's
28 businesses on such lists. These lists shall be updated periodically.
29 N1FW SECTION SFCTTON 4. There is added to K.C.C. 4.18 a new section to read
30 as follows:
I Utilization goals. Upon the completion of the disparity study called for in Ordinance
11564 and in coniunction with recommendations to the council resuiune from that stud.
3 and every three .ears thereafter. the administrator shall submit to the executive for
4 approval proposed utilization goals for the county for the following three year period.
5 Separate utilization goals shall be established for the use of minority businesses and for the
6 use of women's businesses. These utilization goals shall be established separately for each
7 of the following types of contracts: architectural and engineenng contracts. public work
8 contracts. service contracts. concession contracts, and tangible personal property contracts.
9 The utilization goals shall be transmitted with the minority and women's business
10 enterprises and contract compliance division's annual report to the council for approval.
11 Existing utilization goals shall remain in effect until newly submitted ones receive final
12 council approval.
13 A. The utilization goals shall be reasonably achievable. To the extent that relevant
14 information is available, the utilization goals shall be based on the following factors:
P2026
15 1. By contract category, the number of firms certified by the State Office of
16 Minority and Women's Business Enterprises, seeking to do business with the county as
17 either prime or subcontractors:
18 2. By contract category, the total number of firms seeking to do business with
19 the county as either prime or subcontractors;
20 3. By contract category, the geographic area of competition;
21 4. By contract category, the capacity andior capability of certified minority and
22 women's businesses seeking to do business with the county compared with the capacity
23 andior capability of non minority and non women's businesses seeking to do business with
24 the county;
25 5. By contract category, the number of minorities and women with requisite
26 skills in related occupations;
27 6. By contract category, the affirmative action goals for minorities and women
28 in related occupations:
29 7. By contract category. the rates of new entry by minorities and women into
30 related training. educational fields. and occupations:
•i I l l b. "RIM /sx, r .�p�, }Y
9
25
1 8. By contract ca:::iory, w availability would be absent discrimination: and
2 9. By contract category, rates of entry of new minority and women's businesses
3 :ompared to non minority and non women's businesses.
-1 13 The following goals shall be the annual goals for all departments until such time
5 new goals are approved by the council:
6
7
8
9
10 Service 6% 15%
11 Tangible
12 personal property 10% 3%
13 CIFVV- SECTION SECTION 5. There is added to K.C.C. 4.18 a new section to read
14 as follows:
15 Accomplishment of utilization goals. A. For all contracts. accomplishment of
16 utilization goals established by this chapter shall be based on the dollar amount of the
17 contract in question. Accomplishment of the goals shall be calculated in the following
18 manner:
19 1. Ciencral The dollar value of any and all contracts awarded by a contract
20 awarding authority to a minorityiwomen's business shall be counted towards accomplishment
21 of the applicable utilization goals.
22 a. The total dollar value of each contract awarded to businesses owned and
23 controlled by both minority males and non minority females shall be apportioned on the basis
24 of the percentage of ownership to the utilization goals for minorities and women respectively.
26 and controlled by minority women shall be either counted toward the minority utilization
27 goal or the goal for women, or apportioned on the basis of ownership between minorities and
28 women. not to both.
t u• Iriftmw,r.....1c 1.r
Contract Category JMRF.°Q VW'RF%
Architecture/Engineering 17% 10%
Concessions 10% 50/0
Public work 14% 8%
10
te a` 6
i ti
b. The total dollar value of a contract with a minority /women's business owned
'1 f1 LR• 1H11y �Il if.� -r1i fX%
1026
2. Subcontracts I fa contractor uses subcontractors who are minority/women s
3 businesses. the amount which is given to the minonty /women's business for their work on the
contract shall be credited towards meeting the applicable utilization goals.
4 3. Joint Ventures Where one or more minorityiwomen's businesses are
5 participants in a joint venture with one or more non minonty or non-women s businesses. the
6 amount of money received by the minority /women's business enterprise shall be calculated in
7 proportion to their participation in the joint venture in accomplishing the applicable
8 utilization goals.
9 4. Supplies Materials The contract awarding authority or a prime contractor may
10 count toward its utilization goals:
11 a. expenditures for materials and supplies obtained from minorityiwomen's
12 business suppliers and manufacturers; provided that. the minority /women's business assume
13 the actual and contractual responsibility for the provision of the materials and supplies:
14 b. its entire expenditure made to a minority/women's business manufacturer;
15 that is. a supplier that produces goods from raw materials or substantially alters them before
16 resale:
c. the amount of the commission paid to minority/women's businesses and
18 resulting from a particular contract with the county; provided that a minorityiwomen's
19 business supplier performs a commercially useful function in the process.
20 5. Brokers Fronts or Similar Pass Through Arrangements Businesses acting as
21 brokers. fronts. conduits or similar pass through arrangements shall not be certified as
22 minorityiwomen's business enterprises, unless the brokering service reflects normal industry
23 practice and the broker performs a commercially useful function. Such businesses
24 determined to be acting under these arrangements or persons who create such arrangements
25 shall be subject to the penalties enumerated in this chapter.
76 B. The administrator shall calculate the accomplishment of utilization goals for the
27 county. In the event of disputes regarding these calculations, a department may request
28 review of the administrator's decision by the executive.
29 C. After having met their annual utilization goals. departments shall conunue to make
30 affirmative efforts to do business with minority/women's businesses.
I7
11
a rt t■ c mnsa awl r CeC
12
D. The failure of a department or the county to meet the annual dol; .iization coals
2 established from time to time by this chapter shall not constitute grounds for lawsuit against
3 a department or the county. provided that the department or the cot.. nas made affirmative
mative
4 efforts to meet those goals. The failure of a department to meet the requirements of this
5 chapter shall be reviewed by the executive and corrective action taken where appropriate.
6 a1FW SF.CTION SZCTION 6. There is added to K.C.C. 4.18 a new. section to read
7 as follows:
8 Utilization requirements, general. In order to meet the utilization goals established
9 in accordance with this chapter. efforts including but not limited to the following shall be
10 made:
11 1. The administrator shall design a technical assistance. business development and
12 outreach program. This program shall include the following elements:
13 a. A county -wide. industry-wide, regularly scheduled contractor orientation
14 program to promote compliance with and understanding of the provisions of this chapter and
15 K.C.C. 12.16;
16 b. Feasible options for bonding, insurance, and banking assistance for
17 minority -owned and women -owned businesses;
18 c. A county -wide program, designed to assist departments in enhancing
19 opportunities for minority -owned and women -owned businesses;
20 d. A fully developed and maintained resource list, to include all available
21 resources state -wide for minority -owned and women -owned businesses; and
22 e. Such other program options as would serve to assist minority -owned and
23 women -owned businesses in overcoming the barriers of past and present discrimination.
24 2. In conjunction with the administrator, each division within each department
25 shalt annually formulate a plan for achieving the purposes of this chapter, which plan shall be
26 submitted to the administrator for review. Each plan should include a forecast of contracts to
27 be administered by the division, including estimates of the number, probable monetary value,
28 if known_ and type of contracts to be awarded, and the estimated solicitation dates. In
29 addition. each plan should include methods and suggestions for encouraging the development
30 and participation by tWBs in such contracts.
121126
3. Prior to entenng into any contract, the contract awarding authority shall:
a. Make affirmative efforts to solicit proposals rrom mtnontyiwomen's
3 businesses: and
4 b. Examine alternatives for arranging contracts by size and type of work so as
5 to enhance the possibility of participation by minorityiwomen's businesses.
6 4. Prior to submitting any bid. proposal. or other response to a solicitation for
7 which subcontractors may be used. responding parties shall make good faith affirmative
8 efforts to contact. solicit bids and proposals from, and use minority /women s businesses.
9 5. The following shall be included in the body of the contract document in any and
10 all contracts signed between the county and a contractor:
11 a. A provision indicating that this chapter is incorporated by reference into any
12 and all county contracts and failure to comply with any of the requirements of the chapter by
13 a contractor will be considered a breach of contract.
14 b. A requirement that during the term of the contract the contractor shall
15 comply with. as to tasks and proportionate dollar amounts throughout the term of the
16 contract. all requirements for the use of minority/women's businesses. In the absence of a
17 waiver. minorityiwomen's businesses which for any reason no longer remain associated with
18 the contract or the contractor shall be replaced with other certified minorityiwomen's
19 businesses in accordance with procedures established by the administrator.
20 c. A provision prohibiting any agreements between a responding parry and a
21 minority /women's business in which the minorityiwomen's business promises not to provide
22 subcontracting quotations to other responding or potential responding parties.
23 d. The requirement of maintenance of relevant records, and information
24 necessary to document compliance with this chapter and the contractor's utilization of
25 minority and women's businesses in its overall public and private business activities. and
26 shall include the right of the county to inspect such records.
27 e. A provision requiring the payment of specific liquidated damages in the
28 event a contractor fails to perform a commercially useful function andior operates as a
29 broker. front. conduit or pass through, with the amount of liquidated damages established in
30 advance by the administrator based on the type of contract involved. The provision should
(1 LI. oau)LSIVT +..#'S (X%
13
M [LFI►„ao,w nr••.rml L*
14
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
3 general. and this program in particular. are damaged when a contract. or portion of a contract.
4 to be performed by a minority /women's business is not actually performed by a
5 minority women's business enterprise in compliance with K.C.C. 4.18. Because the actual
6 amount of such damage is not reasonably calculable. the parties agree and stipulate that
7 liquidated damages equal to the dollar value of the utilization by certified and recognized
8 businesses lost to the county due to the violation. not to exceed 10 percent of the dollar value
9 of the contract, shall be the amount required to compensate the county for resulting delays in
10 carrying out the purpose of the program. the costs of meeting utilization goals through
11 additional contracts. the administrative costs of investigation and enforcement and other
12 damages and costs caused by the violation. The contractor shall be liable to the county for
13 such liquidated damages in the event the contractor or a subcontractor fails to perform a
14 commercially useful function and/or operates as a front, conduit or pass through, as defined
15 in K.C.C. 4.18.
16 NEW SECTION SECTION 7. There is added to K.C.C. 4.18 a new section to read
17 as follows:
18 Utilization requi- ements, specific. A. In order to expedite achieving of the
19 utilization goals established in accordance with this chapter, the following utilization
20 requirements shall appi, to all competitive bids and other responses to solicitation:
21 I. For all tangible personal property, service, and concession contracts and all
22 architecru_ral and engineering contracts, consultant contracts and public work contracts under
23 ten thousand dollars, the administrator shall determine a percentage factor appropriate to
24 offset the effects of discrimination in the industry involved, which percentage shall be used in
25 determining which responding party is the lowest responsible bidder or l proposal:
26 a. Responding parties whose b_< are within the percentage factor of the best
27 proposal or the bid made by the lowest bide 211 be ranked in the following order:
28 First, minority /women businesses which will perform the entire contract
29 unassisted and those minority/women's businesses which will exclusively use
1
2
6
minority /women's businesses as subcontractors. suppliers or in similar assistinc roles to the
extent set forth above.
Second. minontvnvomen's businesses %which alone or as part of joint
4 ventures serve as the prime contractor where minority /women's business participation is at
5 least twenty -five percent of the dollar value of a contract:
6 Third. non- minority/non -women's businesses which use minority /women s
7 businesses as subcontractors, suppliers. or in similar assisting roles in an amount equal to at
8 least twenty -five percent of the contract amount: and
9 Fourth. non minority /non women's businesses which do not use
10 minonty /women's businesses as subcontractors. suppliers. or in similar assisting roles to the
1 1 extent set forth above.
12 b. All responding parties within each particular ranking shall be grouped
13 according to the amount of their bid or the evaluation score of their proposal as determined
14 by the contract awarding authority, with low bidders and higher scoring proposals receiving
15 the highest priority. The lowest bidder or higher scoring proposal within the highest rankint
16 category 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 consider the following factors:
19 (1) Price differentials between MWWBEs and non -MWBEs on previously
20 submitted bids:
71 (2) Standard industry costs:
22 (3). Standard industry profit margins;
23 (4) Availability of MWWBEs to perform as retailers, distributors,
24 wholesalers and manufacturers. by commodity area; and
25 (5) Other pertinent facts.
26 d. Generally applied percentages shall be determined by commodity area.
27 2. For every public work. architectural and engineering, and service contract the
28 following set aside requirements shall be met:
29 a. Contracts for public work. service and architectural/engineering services. the
30 estimated cost of which exceeds ten thousand dollars. shall require responding parties to
N 1111M 1MM. /Ski lS lux
15
15 minority /women's business, and other information reasonably related to determining the
16 responding parties' compliance with the county's minority/women's business
17 requirements. In determining what information shall be submitted and when it shall be
18 submitted. the administrator shall take into account the county's policies of maximizing
19 opportunities for minorityiwomen's businesses, simplifying paper requirements for
20 bidders and proposers. and prohibiting bidders and proposers from shopping bids.
21 proposals and offers from minorityiwomen's businesses.
22 d. During the term of the contract, any failure to comply with the percentages
23 of minority/women's business participation required for the bid or proposal shall be
24 considered a material breach of contract. The dollar value of the total contract used for the
25 calculation of the set -aside shall be increased or decreased to reflect executed change orders
26 unless:
1 2020
include in their responses to solicitation both minority and women's business participation in
2 the contract In a percentage which equals or exceeds the percentages determined for the
3 contract by the administrator. The administrator shall determine the percentages for each
4 contract based on the extent of subcontracting opportunities presented by the contract .d the
5 availability of minority and women's business enterprises qualified to perform such
6 subcontracting work. Such percentages may be higher or lower than the annual goals for the
7 type of contract involved.
8 b. Where a contract is awarded to a minority or women's business which will
9 perform at least twenty-five percent of the work the set aside requirements of these
10 subsections shall not apply.
11 c. To the extent practicable and except in extenuating or special
12 circumstances. as determined by the administrator, responding parties shall identify the
13 specific minority /women's businesses to be used in performing the contract. the dollar
14 and/or percentage value of the participation, the work to be performed by each
27 (1) a waiver is obtained in accordance with Section 8.A of this ordinance
28 after consultation among the contract awarding authority, the administrator and the
29 contractor. or
t1 t LttlltaIRLSK,rr'r.s 0Xlr
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1 ttaL u*OSls1OT'i• yls Dm
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(2) the department obtains a reduction in the amount of the set aside
according to the procedure in Section 7.B of this ordinance.
Q. Departments may request a reduction in the amount of the set aside for ettner or
4 Both minority business enterprises or women's business enterprises or in the percentage factor
5 to be applied under the percentage preference method. by submitting the reasons therefor in
6 writing to the administrator.
7 1. The administrator may grant such a reduction upon determination that:
8 a. The reasonable and necessary requirements of the contract render
9 subcontracting or other participation of businesses other than the bidder or proposer
10 infeasible at the adopted goal levels; or
11 b. Qualified minority and women's business enterpnses capable of providing
12 the goods or services required by the contract, are unavailable in the market area of the
13 project. despite every feasible attempt to locate appropriate minority and women's business
14 enterprises to meet adopted goals.
15 c. The available minority and/or women's businesses have given price quotes
16 which are unreasonably high in that they exceed competitive levels beyond amounts which
17 can be attributed to cover costs inflated by the present effects of discrimination.
18 2. Any reductions in set aside amount granted by the administrator shall specify
19 the amount to which the set aside has been reduced.
20 C. Where Section 7 of this ordinance specifies that a set aside or a percentage factor
21 shall be used for a particular type of contract. the method specified is the preferred method
22 for achieving the utilization goals. A department may use the other method in its solicitation
23 documents for a specific contract if it determines that a method other than the one established
24 by Section 7 of this ordinance will be a more feasible method of achieving the annual
25 utilization goal. In the event that a department chooses to use a method other than the one
26 specified in Section 7 of this ordinance, it shall include in its annual report to the executive as
27 required by Section 9.D of this ordinance. documents demonstrating that a method other than
28 the one established by Section 7 of this ordinance is a more feasible method of achieving the
29 annual utilization goal.
17
M CLEW: f &DLL,. or.' -r.IS WIC
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D. All solicitation documents shall include the applicable requirements of Sections 6
3 and 7 of this ordinance. In addition. documents shall include a provision prohibiting any
3 agreement between a responding party and a minority /women's business in which the
4 mtnoruv /women s business promises not to provide subcontracting quotations .o other
5 responding or potential responding parties. Bids. proposals. and other responses which fail to
6 meet the requirements of Section 7 of this ordinance shall, within the limitations of federal
7 and state law, be deemed non responsive unless a waiver has been granted pursuant to
8 Section 8 of this ordinance.
9 E. The percentage factor and set aside requirements of Section 7 of this ordinance
10 shall not apply to contracts awarded for the remainder of any calendar year in which the
1 I contract awarding authority is determined by the administrator to have met the applicable
12 county utilization goals as established by this chapter. The percentage factor and set aside
13 provisions of Section 7 of this ordinance shall again apply in each succeeding calendar year
14 until the annual utilization goals for that year have been met by the contract awarding
15 authority.
16 F. For the Kingdome food and beverage concession contract the set aside method of
17 achieving utilization goals shall apply.
18 G. The requirements of Section 7 of this ordinance shall cease to apply to contracts
19 awarded by the county and its departments on December 31, 1997, unless reenacted by the
20 council.
21 HEW SECTION .S CTION 8. There is added to K.C.C. 4.18 a new section to read
22 as follows:
33 Waivers. Contract awarding authorities, along with or on behalf of responding parties
24 and contractors, may apply for waiver of one or more requirements of this chapter as they
25 apply to a particular contract or contracts.
26 A. Waivers may be granted by the administrator in any of the following
27 circumstances:
28 1. When the needed goods and services are readily available from only one source,
29 in which case the contracting awarding authority shall. in addition to the requirements
30 contained in K.C.C. 4.16. submit a written justification of the need for sole source treatment
1, (7.Et1 ORM.lagTAtab3S oOC
1 4o
to the administrator who shall grant or deny the request for waiver within three business days.
2 provided the request is complete:
3 2. Emergencies. in which case emergency contracting shall be handled in
4 accordance with the requirements of K.C.C. 4.16.
5 3. Contracts for which neither a minonry nor a women's business is available to
6 provide needed goods or services. in which case a waiver may be applied for in accordance
7 with procedures to be developed by the administrator. Prior to granting a waiver. the
8 administrator shall certify that a minority/women's business is in fact not avaiiable to provide
9 the needed goods andior services.
10 4. Contracts awarded to non profit organizations, governments and governmental
11 organizations including but not limited to municipal corporations, consortiums and
12 associations of governmental agencies or officials and agencies created by interlocal
13 agreement, per RCW 39.34, or by operation of state or federal law; where because of a
14 responding party's non -profit status. ownership of the corporation or other entity cannot be
.15 determined. However, solely with the exception of contracts between the county and cities
16 and towns where the county is the grantee for federal or state funds passed through to such
17 jurisdictions, the waiver shall not extend to those profit making contractors which contract
18 with the referenced responding parties.
19 5. When available minority and/or women's businesses have given price quotes
20 which are unreasonably high in that they exceed competitive levels beyond amounts which
21 can be attributed to cover costs inflated by the present effects of discrimination.
22 As a condition of granting any waiver, the administrator may require that contractors
23 or the contract awarding authority make affirmative efforts to utilize minority and/or
24 women's businesses in the contract.
25 B. Where the executive determines that the reasonable and necessary requirements of
26 a contract render subcontracting or other participation of businesses other than a responding
27 pane unfeasible. he/she may grant a waiver from the set aside provisions of this chapter,
28. PROVIDED THAT, the waiver shall not be granted after the solicitation request has been
29 publicly released by the contract awarding authority; PROVIDED FURTHER THAT, the
30 solicitation specifications shall state that the waiver has been authorized and that solicitations
19
.1 C.F.t♦ 1M1OSls[)1vw11034'
20
120
1 received. proposing subcontracting or other participation of bussn: 3 other than
2 responding party. shall be rejected as non responsive: PROVIDED FUR. :ER ;T.
3 following award of the contract. should subcontracting or participation of businesses other
4 than the responding party become necessary. the previously authorized waiver shall be null
5 and void. The contractor (original responding party) shall solicit both minority and women
6 business participation in a percentage which equals the contract awarding authority's annual
7 goal.
8 C. Where the executive determines that compliance with the requirements of this
9 chapter would impose an unwarranted economic burden on. or risk to. the county as
10 compared with the degree to which the purposes and policies of this chapter would be
11 furthered by requiring compliance, he/she may reduce or waive the utilization requirements
12 of this chapter, PROVIDED THAT upon taking such action. the executive shall notify the
13 members of the council in writing and FURTHER PROVIDED. upon receipt of the notice. if
14 the council determines that the waiver does not meet the standards of this section. the council
15 may by motion. within ten working days of the receipt of the notice determine the waiver to
16 be null and void.
17 I1FW SECTION SECTION 9. There is added to K.C.C. 4.18 a new section to read
18 as follows:
19 Monitoring, reporting, and enforcement A. The executive, through the
20 administrator. shall have the responsibility for monitoring implementation of the
21 requirements of this chapter and shall have the power to request.from departments,
22 responding parties and/or contractors any relevant records. information and documents.
23 B. Contract awarding authorities shall keep complete and detailed records regarding
24 compliance with this chapter. The records shall include the dollar value and the subject
25 matter of each contract along with the name of the contractor, the participation levels (in
26 dollars. number of contracts awarded. and type of work), of minority/women's businesses
27 where the contract award provides for participation. and other information as the
28 administrator deems necessary.
29 C. The administrator shall be responsible for gathering all information concerning
30 compliance with this chapter and shall have access to all pertinent county records.
ZUZO
D. With the assistance of the administrator, each department shall submit to the
administrator an annual rcpon on its performance in meeting the utilization goals required by
3 this chapter on or before March 15th of each year. This report shall include the number and
4 dollar amount of contracts awarded. by contract category and the dollar amount and the
5 percentage of minority /women s business participation by contract and contract category and
6 by number of set -aside contracts, percentage preference contracts. contracts requiring
7 affirmative efforts, and contracts for which waivers were granted. The report shall also
8 identify problems in meeting the requirements of this chapter. if any, and suggestions for
9 improvements.
10 E. Monitoring of Effects. The administrator shall establish procedures to collect
11 evidence and monitor the effects of the provisions of this chapter in order to assure. insofar as
12 is practical, that the remedies set forth herein do not disproportionately favor one or more
13 racial or ethnic groups and that the remedies do not remain in effect beyond the point that
14 they are required to eliminate the effects of discrimination in the local contracting industries.
15 To the extent further amendments to this chapter are required to effect these ends. the
16 administrator shall prepare appropriate ordinances for the council's consideration.
17 F. Certification and Recognition Process.
18 1. Pursuant to Chap. 328, Laws of 1987, the Office of Minority and Women's
19 Businesses of the State of Washington shall be solely responsible for certifying and
20 decertifying businesses. The county's minority and women's business enterprise program is
21 only for minorities and minority business and women's businesses and combination
22 businesses as defined in Section 2 of this ordinance; therefore the administrator shall
23 recognize only those combination minority and women's business enterprises or minority
24 business enterprises certified by the State of Washington which also meet the definitions of
25 erection 2 of this ordinance, according to minority status information provided to the county
26 by the Office of Minority and Women's Businesses of the State of Washington. Businesses
27 are only eligible for the county's programs so long as they remain certified by the State of
28 Washington.
2 9 2. It shall be considered a violation of this chapter to obtain, or attempt to obtain.
30 certification or the benefits of any provision of this chapter, on the basis of false or
u Y1.Eti10n D51 W TM.AMS COC
21
1 misleading infc icon. ■rether provided to the county or to the Office of Minority and
2 Women's Bust:
3 3. N ^ontract requiring or proposing minority women's business participation
4 may be entered into unless all minority /women's businesses identified to meet the utilization
5 goals by a responding parry were. at the time the bid was submitted. certified by the Office of
6 Minority and Women's Businesses of the State of Washington and recognized by the
7 administrator as eligible to participate in the county's minority /women's business program
8 and the administrator de:etmines all identified minority /women's businesses appear able to
9 perform a commercially useful function on that contract as proposed. Lists of certified and
10 recognized minority /women's businesses shall be provided to all departments and made
11 available to the public.
12 4. No business shall apply to the county in order to participate in the programs
13 established by this chapter.
14 G. Where a complaint is filed within one year of the completion of all work on a
15 contract alleging a violation of this chapter by a contractor. subcontractor or contract
16 awarding authority, or where, within that time period, evidence of a violation is discovered
17 from information gained through compliance monitoring, the administrator shall cause to be
18 served or mailed, by certified mail. return receipt requested, a copy of the complaint or notice
19 of investigation on the respondent within twenty days after the filing of said charge and shall
20 promptly make an investigation thereof. The investigation shall be directed to ascertain the
21 facts concerning the violation alleged in the complaint and shall be conducted in an objective
22 and impartial manner. During the investigation. the administrator shall consider any
23 statement of position or evidence with respect to the allegations of the complaint which the
24 complainant or the respondent wishes to submit.
25 1. The administrator shall have authority to sign and issue subpoenas requiring the
26 attendance and testimony of witnesses. the production of evidence including but not limited
27 to books. records. correspondence or documents in the possession or under the control of the
28 person subpoenaed. and access to evidence for the purpose of examination and coaxing as is
29 necessary for the investigation. The administrator shall consult with the county prosecuting
30 attomev before issuing any subpoena under this section.
u CLEAVOILDL /40T .c...11 cot
_s of the State of Washington.
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1 I f an ivtdual fails to obey a subpoena. or obeys a subpo na but refuses to testify
when requested concerning any matter under investigation. the administrator may invoke the
3 aid of the counry prosecuting attorney who shall petition to the Supenor Court for King
4 County for an order or other appropnate action necessary to secure enforcement of the
5 subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service.
6 and shall set forth in what specific manner the subpoena has not been complied with. and
7 shall ask for an order of the court to compel the witness to appear and testify or cooperate in
8 the investigation of the violation.
9 2: The results of the investigation shall be reduced to written findings of fact and a
10 finding shall be made that there either is or is not reasonable cause for believing that a
11 violation has been or is being committed. If a finding is made that there is no reasonable.
12 cause. said finding shall be served on the complainant and respondent. Within thirty days
13 after service of such negative finding, the complainant shall have the right to file a wntten
14 request with the administrator asking for reconsideration of the finding. The administrator
15 shall respond in writing within a reasonable time by granting or denying the request.
16 H. If the finding is made initially or on request for reconsideration that reasonable
17 cause exists to believe that a violation by a contractor or subcontractor has occurred. the
18 administrator shall endeavor to remedy the violation by conference, conciliation and
19 persuasion, which may include monetary compensation, the creation of additional
20 opportunities for minority or women's utilization on other contracts, or such other
21 requirements as may lawfully be agreed upon by the parties and the administrator. Any
22 settlement agreement shall be reduced to writing and signed by both parties. An order shall
23 then be entered by the administrator setting forth the terrns of the agreement. Copies of such
24 order shall be delivered to all affected parties and the original thereof filed with the division
25 of records and elections.
26 If no agreement can be reached, a finding to that effect shall be made by the
27 administrator and incorporated in a preliminary order. with a copy thereof furnished to the
28 complainant and the respondent. The preliminary order shall also include:
29 I. A finding that a violation has occurred;
30 Z. The basis for such finding.
.t CL EIU:tDRDSl DOC
1. In tl. Ise of failure reach an agreement for the eiimi. of such a vi Jon.
2 and upon the entry of a preliminary order. the complaint an: ay and all findings mart and
3 remedies ordered shall be certified by the administrator to -ffice of the county heanng
4 examiner for hearing.
5 A heanng shall be conducted by the office of the hearing examiner for the purpose of
6 affirming. denying. or modifying the preliminary order. The hearing shall be conducted on
7 the record and the hearing examiner shall have such rule making and other powers necessary
8 for conduct of the hearing as are specified by K.C.C. 20.24. Such hearings shall be
9 conducted within a reasonable time after receipt of the certification. written notice of the
10 time and place of the hearing shall be given at least ten days prior to the date of the hearing to
11 each affected part and to the administrator.
12 Each party shall have the following rights. among others:
13 1. To call and examine witnesses on any matter relevant to the issues of the
14 complaint;
15 2. To introduce documentary and physical evidence;
16 3. To cross examine opposing witnesses on any matter relevant to the issues of the
17 complaint;
18 4. To impeach any witness regardless of which party first called him to testify:
19 5. To rebut evidence against himfher, and
20 6. To represent himself/herself or to be represented by anyone of hisiher choice
21 who is lawfully permitted to do so.
22 J. Following review of the evidence submitted. the hearing examiner presiding at the
23 hearing shall enter written findings and conclusions and shall render a written decision and
24 shall order one or more of the following:
25 1. Dismic ll of the complaint when a violation is found not to have occurred:
26 2. Suspension or cancellation of the contract in part or in whole;
27 3. Disqualification and/or debarment of the violator from participation in county
28 contracts for a period of up to five years;
29 4. Exclusion of the violator from future contracts or vending until demonstration
30 of compliance:
M x101.. w)T not
24
1 5. Enforcement of any provision of the contract providing remedies. such as
2 penalties or liquidated damages for violation of contractual provisions. or enforcement of anx
other remedy available under the laws of the county. Upon a finding by the heanng
4 examiner that a contractor has in fact failed to perform a commercially useful function or has
5 operated as a broker. front. conduit or pass through business, liquidated damages specitied in
6 the contract shall be imposed unless the hearing examiner finds that imposition of such
7 damages would be clearly inequitable. in which case the hearing examiner may order
8 appropriate relief.
9 K. If a finding is made that there is reasonable cause to believe that a contract
10 awarding authority has committed a violation, the finding shall be forwarded to the executive.
11 who shall review the evidence and shall order one or more of the following:
12 1. Dismissal of the complaint when a violation is found not to have occurred;
13 2. Corrective personnel action;
14 3. Disqualification and suspension of authority of all members, any board.
15 commission, or other body constituting the violating contract awarding authority;
16 4. Enforcement of any other remedy available under the laws of the county.
1 L. Upon receipt of a written and signed allegation that a business owner is improperly
18 being considered to be. or has improperly been rejected as, a minority business or women's
19 business as defined in this chapter. or that a waiver or reduction of set -aside requirements has
20 been improperly denied or granted, or if such information is discovered from information
21 gained through compiiance monitoring, the administrator shall conduct or cause to be
22 conducted an investigation. The pendency of such allegations or of subsequent hearings on
23 such allegations shall not be grounds to postpone or restrain the award of any contracts then
24 being advertised or for which bids have been received. If there is reasonable cause to believe
25 that corrective action is warranted. the administrator will. upon ten days written notice to all
26 interested parties of whom he/she is aware, and upon publication of notice of the hearing in
27 the manner provided for the advertising of contracts, conduct or cause to be conducted a
28 hearing to determine whether or not the allegation is correct. The hearing shall be recorded
29 and each interested party shall have the right to call and examine witnesses. to produce
30 documentary and physical evidence. to cross examine witnesses. and to be represented by
u TLC RRiLDL MOT* _31CSC
1 2026
2;
w nE RJOCADS2∎10n.wIs O
26
1 23
anyone of his/her choice law-tully permitted to do so. The hearing officer designated by the
administrator shall permit testimony to be given by any parties which would be directly
3 affected by the marter, and a representative of the executive department or administrative
4 office affected by the tnvestigauon.
5 After the hearing. the administrator or designated heanng officer shall make findings
6 and conclusions and shall order appropriate corrective action. if any.
M. In addition to any other remedy available under the laws of the county and the
State of Washington any person, firm. corporation. business. union. or organization which
9 prevents or interferes with or retaliates against a contractor and/or subcontractor's efforts to
10 comply with the requirements of this chapter or which submits false or misleading
11 information to any county department or employee concerning compliance with this chapter
12 shall be subject to a civil penalty of up to five thousand dollars for each occurrence, the
13 county having previously complied with the notice and hearing provisions of this chapter.
14 Each submission of false or misleading information shall constitute a separate occurrence.
15 NFW SFC'TTON SECTION 10. There is added to K.C.C. 4.18 a new section to
16 read as follows:
17 Annual report required. The administrator shall submit an annual report to the
18 executive detailing performance of the program by April 15 of each year. This report shall
19 be forwarded to the council no later than April 30. The report shall include:
20 A. Statistics, and narrative where appropriate. demonstrating the utilization of
21 minority and women's businesses by department. contract category, and the county,
22 overall;
23 B. Statistics, and narrative where appropriate, demonstrating the number and type of
24 waivers granted;
25 C. Explanations of any investigative actions taken by the minority and women's
26 business enterprises and contract compliance division regarding the implementation.
27 monitoring and enforcement of this chapter,
28 D. Descriptions of any problems in the implementation reported by the department.
29 including proposed solutions;
30 E. Recommendations, as appropriate. regarding amendments to this chapter; and
1
#2026
F. Proposed utilization g oals. as necessary
2 `lFW S N SFC' QN I
ECT10 1. There is added to K.C.C. 4.18 a new section to
3 read as follows:
4 Studies and recommendations graduating firms out of program. A. The
5 administrator is directed to prepare a recommendation to the council on a methodology and
6 plan for graduating minority and women's businesses after a certain number of years of
7 certification and level of income above that used for state certification. The executive shall
8 submit such a recommendation as part of the overall recommendations resulting from the
9 disparity study commissioned pursuant to Ordinance 11564.
10 B. The methodology and plan shall include specific objective criteria and
11 timeframes for reviewing minority and women's business enterprise participation in the
12 county•s remedial proeram and determining when and under what conditions individual
13 firms shall be graduated from the county's remedial program.
14 NFW SPCTION. SECTION 11. There is added to K.C.C. 4.18 a new section to
15 _read as follows:
16 Authorization to implement procedures. The executive shall implement such forms.
17 administrative processes. and operational procedures as are necessary to comply with the
18 provisions of this chapter, provided that such forms, processes and procedures shall be
19 promulgated in compliance with K.C.C. 2.98, with the exception that administrative rules and
20 regulations related to this chapter shall be submitted for review by the administration and
21 justice committee (or its successor comminee) fifteen days prior to filing with the clerk of the
22 council. the provisions of K.C.C. 2.98 notwithstanding.
23 IOW SaC1:1 SECTION 13. There is added to K.C.C. 4.18 a new section to
24 read as follows:
25 Minority and women's business enterprises program provisions applicable to
26 metropolitan functions. Notwithstanding the requirements set forth in this chapter. in
27 order to foster a smooth transition and for the purposes of observing federal regulations.
28 the minority and women business enterprise provisions for MWB utilization set forth in
29 Ordinance 11032. Sections 19.G. 19.H. 19.J.2. and 19.K. and codified in
30 K.C.C. 28.20.040 D. K.C.C. 28.20.040 E. K.C.C. 28.20.050 B. and K.C.C. 28.20.060 shall
U NCI. ERkO*.DS!NOTwv.)S DOC
27
continue to be applicable to the metropoiitan functions perfortr,_d by county pursuant
2 to chapter 35.58 RCW until the conclusion of the disparity study, co. .ssioned pursuant
3 to Ordinance 11564. and recommendations resulting from the study are adopted and
4 approved by the council by ordinance or as otherwise provided by the council. The
5 administrator shall administer and implement said provisions for contracts awaroed in
6 direct support of said metropolitan functions.
7 UFW SECTION. SECTION 14 There is added to K.C.C. 4.18 a new section to
8 read as follows:
9 Designation of DBE Liaison Officer. The administrator shall serve as the
10 Disadvantaged Business Enterprise "DBE Liaison Officer for purposes of compliance
11 with federal Department of Transportation and other federal and state agency financial.
12 assistance requirements.
13 NEV.' SECTION. SECTION 15 There is added to K.C.C. 4.18 a new section to
14 read as follows:
15 Federal and state requirements. In order to secure financial assistance from
16 federal and state agencies, the administrator shall provide for the participation of minority,
17 women and disadvantaged businesses pursuant to regulations and requirements imposed by
18 such federal and state agencies. The administrator may issue rules and procedures and take
19 steps necessary to implement and comply with applicable federal and state laws and
20 regulations. including the establishment of annual goals and contract goals for minority,
21 women and disadvantaged businesses.
22 SECTION 16 Effective date. This ordinance shall take effect on January 1, 1996.
23 SECTION 17 Severability. The provisions of this ordinance shall be effective in
24 all cases unless otherwise provided by federal law. The provisions of this ordinance are
25 separate and severable. The invalidity of any clause, sentence, paragraph, subdivision.
26 section or other portion of this ordinance or the invalidity of the application thereof to any
27 person or circumstance shall not affect the validity of the remainder of this ordinance or the
28 validity of the application to other persons or circumstances.
w
CLEJLVOLOSI wOT.I.4 3S OOC
28
10
11
1
2 far as they are substantially the same as those of ordinances existing at the time of the
3 enactment of this ordinance, shall be construed as continuations thereof.
4 INTRODUCED AND READ for the first time this y v day of
5 199
6 PASSED by a vote of to this bO 4v of /j/
7 192_.c
8 KING COUNTY COUNCIL
9 KING COUNTY. WASHINGTON
12 ATTEST:
16
17
18 Attachments:
19 None
13 id ..1_.0 .Z.
14 Clerk of the Council
15 APPROVED this J I
Y cilx.100A0s.amOnosaoS OOC
Continuation of ordinances. The provisio this ordinance. so
5r
P
Chair
day of
4
King County
29
xecutive
19
12026
Sincerely,
Eric B. Larson
Assistant Director
30 Jan 97
cc
John McFarland
cletter
EXHIBIT C
W Washington Cities Insurance
Authority
q
KING COUNTY SOLID WASTE DIVISION
ATTN: LYNE DAVIS
400 YESLER WAY, ROOM 600
SEATTLE, WA 98124 -2637
P.O. Box 1165, Renton, WA 98057
(206) 277-7237 Fax 277 -7242
Cert#: 1092
RE: City of Tukwila
SOLID WASTE STE DIVISION
SECTION
CITY ACTIVITIES AS RESPECTS WASTE MANAGEMENT/REDUCTION
GRANT.
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'.
WCIA will take a leadership role to provide professional risk management
and stable risk financing programs that respond to our membership's needs.
E@
JAN 3 1 1997