Chapter 2.107


2.107.010    Purpose and Intent.

2.107.020    Powers and Duties.

2.107.030    Public Works Contracting Requirements.

2.107.040    Certification.

2.107.050    Consultant Services Contracting Requirements.

2.107.060    Supply and Service Contracting Requirements.

2.107.070    Disadvantaged Business Enterprise (DBE) Lease Policy of Airport Property and Facilities.

2.107.080    Employment Goals.

2.107.090    Uses of Pierce County Residents and Local Businesses.

2.107.100    Nondiscrimination.

2.107.110    Sunset and Review of Program.

2.107.120    Severability.

2.107.010 Purpose and Intent.

The purpose and intent of this Chapter is to remedy the effects of discrimination against minority business enterprises (MBEs) and women's business enterprises (WBEs), to prevent Pierce County from directly or indirectly participating in or perpetuating the effects of such discrimination, and to ensure that neither the County nor its contractors, consultants, subcontractors, subconsultants, suppliers, or vendors discriminate on the basis of race, creed, color, sex, age, marital status, national origin, or the presence of any sensory, mental, or physical handicap, in any of their employment practices, and to encourage economic development and competition for Pierce County public works contracts as defined in RCW 39.04.010, as well as Pierce County consultant, supply and service contracts. The provisions of this Chapter shall be liberally construed for the accomplishment of the policies and purposes of this Chapter. (Ord. 90-81 § 3 (part), 1990)

2.107.020 Powers and Duties.

The Pierce County Executive has the administrative and official authority to carry out this Chapter, pursuant to the Pierce County Charter, Section 3.25. The Executive or his or her designee shall:

A.    Implement the purposes and requirements of this Chapter, including the promulgation of appropriate guidelines and definitions;

B.    Make affirmative efforts to solicit bids and proposals on public works contracts from MBEs and WBEs (M/WBEs);

C.    Require that consultants who contract with Pierce County make affirmative efforts to utilize M/WBEs as subconsultants, where subconsultants are utilized in the performance of the work;

D.    Make affirmative efforts to solicit bids and proposals from M/WBEs for the procurement of goods and services;

E.    Implement and cooperate with other local jurisdictions in implementing technical assistance and outreach programs to increase the ability of M/WBEs to compete for the award of Pierce County public works contracts;

F.    Cooperate with other local jurisdictions in compiling information relating to the purposes and requirements of this Chapter;

G.    Cooperate with other local jurisdictions to standardize and share resources for forms and requirements, record keeping, analysis of availability and other issues, annual and other reports, outreach and technical assistance programs, and staff training;

H.    Examine the goals specified by this Chapter and the implementation of this Chapter at least every three years and advise the Council at such time as the goals should be revised or the requirements of the Chapter are no longer necessary to serve the Chapter's purposes; and

I.    Comply with any related laws or requirements of any Federal or State agency participating in any public works or other project.

(Ord. 90-81 § 3 (part), 1990)

2.107.030 Public Works Contracting Requirements.

Public works contracts shall be awarded and administered in accordance with the following standards and procedures:

A.    The County will establish the following annual MBE and WBE goals on public works contracts in excess of $10,000.00:

MBE: 14 percent

WBE: 8 percent

These are overall goals, and particular contracts may have higher or lower goals. Where an outside funding agency has a requirement for a combined overall goal for Disadvantaged Business Enterprises (DBEs), inclusive of M/WBEs, the County's combined overall annual goal shall be the sum of the separate MBE and WBE annual percentage goals.

B.    Invitations to bid and requests for proposals shall require bidders and proposers to affirmatively solicit commercially useful participation by M/WBE subcontractors and suppliers, and include in their bid or proposal commercially useful M/WBE participation that equals or exceeds a percentage to be determined by the Executive for the contract. The Executive shall determine the MBE and WBE percentage goals for each contract, or may waive the percentage requirement, based upon the following:

1.    the annual goals and the extent to which they will otherwise be satisfied;

2.    the subcontracting, joint venture, supply, and other opportunities presented by the contract;

3.    the availability of qualified MBEs or WBEs to perform work under the contract;

4.    the location of the project and of the contractors and subcontractors likely to compete for the contract;

5.    the degree of economic burden, unjustifiably high prices, or risk that would be imposed on the County or on contractors;

6.    the extent to which goods or services under the contract must be immediately provided or an emergency otherwise exists;

7.    the fact that the contract involves federal, state, or local funding and/or requirements; and

8.    the best interests of the County.

C.    The Executive may reduce M/WBE contract goals for contractors who state in writing under oath that their overall utilization of M/WBEs certified by the OMWBE on private sector projects during the preceding calendar year has met or exceeded the percentages set forth in PCC 2.107.030 A., provided the contractor submits information acceptable to the Executive showing the extent of their public and private sector utilization of M/WBE's during each of the three preceding calendar years the contractor has been in business.

D.    In addition to the percentage utilization goals, the Executive may require that a minimum number of MBEs or WBEs participate in certain contracts or in contracts of a certain size.

E.    Bids or proposals that do not satisfy the above requirements, including the MBE and WBE participation requirements, or that do not satisfy bid or proposal conditions that are deemed by the Executive to facilitate these requirements, shall be declared non-responsive, provided that the Executive may award to the otherwise responsive low bidder if he determines that the bidder has made a good faith effort to attain the M/WBE contract goal(s) by achieving MBE and WBE participation which meets or exceeds the average MBE and WBE participation achieved by all bidders. If the lowest bid is rejected, the Executive may award to the next lowest bidder who has met the aforementioned good faith requirement.

(Ord. 90-81 § 3 (part), 1990)

2.107.040 Certification.

The Executive shall consider only those businesses certified by the State of Washington Office of Minority and Women's Business Enterprises as meeting M/WBE utilization goals. The Executive may elect not to consider participation of a certified sub-contractor or supplier only where the sub-contractor or supplier is not providing a commercially useful function, or if, after notice and opportunity for hearing, the Executive has made a public finding prior to bid opening, and that the sub-contractor or supplier does not suffer from discrimination in the local construction industry. (Ord. 90-81 § 3 (part), 1990)

2.107.050 Consultant Services Contracting Requirements.

Consultant Service contracts in excess of $10,000.00 shall be awarded and administered in accordance with the following standards and procedures:

A.    The County recognizes that opportunities for the use of subconsultants may not be present in all consultant services contracts. If a consultant is capable of performing and elects to perform all work under such contract utilizing only employees of the consultant, no subcontracting is required. If the consultant elects to subcontract any portion of the work, the consultant shall make affirmative efforts to solicit and utilize M/WBEs as subconsultants.

B.    The consultant will be considered to have made an affirmative effort to solicit and utilize M/WBEs as subconsultants if the consultant takes the following steps:

1.    Obtain listings of M/WBEs capable of performing the specified subconsulting work, and;

2.    Solicit proposals from M/WBEs by written request, and

3.    To the greatest extent practical, award subcontracts to M/WBE subconsultants who are capable of performing the requested work.

C.    Consultants who elect to utilize subconsultants will be required to certify and provide evidence that the aforementioned requirements have been met.

(Ord. 90-81 § 3 (part), 1990)

2.107.060 Supply and Service Contracting Requirements.

Supply and service contracts in excess of $10,000.00 shall be awarded and administered in accordance with the following standards and procedures:

A.    The County shall make affirmative efforts to solicit and utilize M/WBEs in the performance of such contracts. An affirmative effort shall include the following steps:

1.    The Department initiating the request for goods or services shall obtain listings from the Department of Facilities Management of M/WBEs capable of supplying the requested goods or performing the specified services, and;

2.    Solicit at least one proposal from M/WBEs, if available.

(Ord. 90-81 § 3 (part), 1990)

2.107.070 Disadvantaged Business Enterprise (DBE) Lease Policy of Airport Property and Facilities.

It shall be the County's policy to take affirmative action to seek out and to award leases of its airport property and facilities to DBEs. The following goal for leases is established at the Pierce County Airport:

Ten percent of total annual lease value for DBEs.

(Ord. 90-128 § 1, 1990; Ord. 90-81 § 3 (part), 1990)

2.107.080 Employment Goals.

In keeping with County equal opportunity policy, all public works, consultant, supply and service contracts larger than $10,000.00 with firms having ten or more employees shall have the following goals for employment by the contractor, consultant or vendor, and all subcontractors and subconsultants:

Minorities:    12.2 to 15 percent

Women:    6.9 percent

Pierce County shall not require an employer to fire or lay off any existing employee to meet the County's goals for the employment of minorities and women, nor shall the County require an employer to hire unqualified workers to meet these goals. However, when an employer on a public works, consultant, supply, or service contract hires new employees, it shall be the employer's obligation to make a good faith effort to hire qualified minorities and women until the employer's Pierce County work force reflects of the goals set forth herein.

(Ord. 90-81 § 3 (part), 1990)

2.107.090 Uses of Pierce County Residents and Local Businesses.

All parties doing business with Pierce County shall be encouraged to utilize Pierce County residents and local businesses whenever qualifications and cost effectiveness are deemed competitive. (Ord. 90-81 § 3 (part), 1990)

2.107.100 Nondiscrimination.

Neither the County nor its contractors, consultants, subcontractors, subconsultants or vendors on public works projects, consultant contracts, or supply or service contracts shall unlawfully discriminate on the basis of race, creed, color, sex, age, national origin, or the presence of any sensory, mental, or physical handicap, nor violate any of the terms of Chapter 49.60 of the Revised Code of Washington, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination, including the Pierce County Affirmative Action Plan, 3.16.030 of the Pierce County Code. (Ord. 90-81 § 3 (part), 1990)

2.107.110 Sunset and Review of Program.

Sections 2.107.010 through 2.107.050 of this Chapter shall be in effect through and until December 31, 2000, unless the Council shall determine at an earlier date that some or all of the requirements herein are no longer necessary to the purposes of the Chapter. If the above mentioned Sections of this Chapter have not been repealed by January 1, 2000, the Council shall determine by the end of that year whether substantial effects of discrimination against M/WBEs in the relevant market remain, and whether and for how long these Sections should remain in effect. Sections 2.107.060 through 2.107.100 shall not be affected by the above mentioned termination date. (Ord. 90-81 § 3 (part), 1990)

2.107.120 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 90-81 § 3 (part), 1990)