Office of the Mayor

City of Seattle

Edward B. Murray, Mayor

Executive Order 2014-03: Equity in City Contracting

An Executive Order to affirm my commitment, as Mayor of the City of Seattle, to equity in City contracting and to advance the City's mission to promote race and gender equity in contracting. This Executive Order directs City departments and offices to increase the opportunities for women and minority owned businesses (WMBEs), and to provide a welcome and responsive environment for all businesses that support such efforts.

WHEREAS, the "Equality in Contracting" Ordinance 121717, as codified under Seattle Municipal Code Chapter 20.42, renewed the City's commitment to WMBE firms and subcontracting WMBE firms who work for City contractors;

WHEREAS, it is a priority for the City to affirmatively expand its efforts to include WMBE participation in City contracts and ensure that WMBEs are afforded fair and equitable opportunity to compete for City contracts and do not face unfair barriers when seeking and performing on City contracts;

WHEREAS, a goal of the City of Seattle's Race and Social Justice Initiative is to identify and change internal City processes to better assure that the goal of WMBE participation in City contracting can be achieved;

WHEREAS, it is important to the economic vitality of the City to develop and support a healthy business sector, especially WMBE firms in need of business development support and technical assistance;

WHEREAS, it is important for the City of Seattle to create a welcoming environment and improve relationships with all businesses and contractors;

WHEREAS, the City would benefit from the experience, perspective, knowledge and innovation from groups, individuals and other public agencies and will create through the Office of Policy and Innovation in the Office of the Mayor opportunities for members of the contracting community, City departments and other stakeholders to work collaboratively on recommendations for how the City can use the directives in this Executive Order to develop, deliver, monitor and measure a more successful WMBE program; and

WHEREAS, the City departments can measure results with a more structured system of accountability to track and report City expenditures for WMBE firms on public works, purchasing and consulting contracts beyond year-to-year trends to ensure the utilization of the best monitoring, compliance and enforcement practices;

NOW, THEREFORE, I, EDWARD B. MURRAY, Mayor of Seattle, hereby order every City department and office to advance equity in City contracting through the opportunities for and support of WMBE to participate in City contracts.

Section 1: Accountability. City department or office directors shall:

A. Pursue progressively bold and challenging goals for WMBE utilization in all its business transactions;

B. Continue to pursue existing directives on WMBE and social equity contracting, such as the Inclusion Policy, and integrate progress on those directives into the department's annual work program;

C. Prepare specific goals in Annual WMBE Plans that encourage utilization of WMBE firms in contracting, purchasing and public works contracts;

D. Make attainment of WMBE goals part of the performance evaluation for each City department or office director; and

E. Report to the Mayor on performance and attainment of the utilization goals in the Annual WMBE Plan and other directives set forth in this Executive Order.

Section 2: Inclusion and Outreach. Each City department or office shall:

A. Require bidders on City purchasing, consultant or public works contracts to continue using the City's WMBE Inclusion Plan, when applicable, in order to sustain and improve participation of WMBE in City contracts;

B. Attend outreach events for existing and potential WMBE firms and pursue aggressive outreach strategies to sustain and improve WMBE participation in City contracts;

C. Provide training and assistance to WMBE firms so they successfully bid, administer and perform on City contracts;

D. Improve and expand technical assistance, business development, training and mentoring programs for WMBE firms by greater coordination with organizations, businesses and individuals and public agencies as well as other City departments and offices;

E. Encourage more WMBE firms to use technical assistance and business development services;

F. Minimize the burdens on firms seeking recognition as WMBE with the City while being stringent enough to ensure the programs consists of qualified WMBE firms; and

G. Create reciprocal certifications with other contracting agencies.

Section 3: WMBE Program Administration and Operation. City departments and offices shall:

A. Develop and implement policies, practices and processes that can change the culture of City contracting and provide a more responsive environment for WMBE firms, businesses and contractors of all tiers working on City contracts;

B. Work closely with other departments and offices to ensure all policies, practices and processes are consistent and complementary and make it easier for WMBE firms to pursue City contracts;

C. Ensure department payment policies and practices expedite invoice payments for all work performed;

D. Require expeditious Change Order approvals by City departments and contractors, while ensuring the integrity of the City payments being made;

E. Enforce City contract provisions that require prime contractors of any tier to pay and release retainage promptly to small businesses and suppliers of any tier for properly invoiced, authorized and approved work performed by the small businesses and suppliers; and

F. Identify and implement a citywide method to regularly monitor and measure the City WMBE program, including its satisfaction by contractors, subcontractors, consultants and vendors.

Section 4: Stakeholder Engagement. The Office of Policy and Innovation in the Office of the Mayor will create opportunities for members of the contracting community, City departments and other stakeholders to work collaboratively on recommendations for how the City can use the directives in this Executive Order to develop, deliver, monitor and measure a more successful WMBE program.

All questions may be directed to the Department of Finance and Administrative Services.

Dated this 8th day of April, 2014.

Edward B. Murray

Mayor, City of Seattle