Title 28 - METROPOLITAN FUNCTIONS

Title 28

METROPOLITAN FUNCTIONS

UPDATED: June 21, 2017

Chapters:

28.01 ESTABLISHMENT

28.02 DEFINITIONS

28.20 MINORITY/WOMEN BUSINESS ENTERPRISE AND CONTRACT

COMPLIANCE

28.30 CARBON OFFSET PROGRAM

28.81 POLICY (Formerly ESTABLISHMENT AND POLICY)

28.82 DEFINITIONS

28.84 WATER POLLUTION ABATEMENT

28.86 WASTEWATER TREATMENT

28.91 GOALS (Formerly ESTABLISHMENT AND GOALS)

28.92 DEFINITIONS

28.94 PUBLIC TRANSIT

28.96 REGULATION OF CONDUCT ON TRANSIT PROPERTY

28.101 COMMUTE TRIP REDUCTION

I. GENERAL PROVISIONS

28.01 ESTABLISHMENT

Sections:

28.01.010 Title established.

28.01.030 Readoption, ratification and codification of Metro Council resolutions.

28.01.010 Title established. Title 28 in the King County Code which shall pertain to the performance by the county of metropolitan functions under chapter 35.58 RCW is hereby established. (Ord. 12074 § 3, 1995).

28.01.030 Readoption, ratification and codification of Metro Council resolutions.

A. All resolutions duly enacted by the council of the Municipality of Metropolitan Seattle and not expressly repealed by such body effective no later than midnight, December 31, 1993, and which are not inconsistent with the King County Charter or ordinances duly enacted pursuant to the Charter are hereby readopted and ratified.

B. The clerk of the council is hereby authorized to codify such resolutions to the extent codification would assist the executive, the council and the public to be aware of actions taken by the council of the Municipality of Metropolitan Seattle. (Ord. 12074 § 4, 1995).

28.02 DEFINITIONS

Sections:

28.02.001 Definitions.

28.02.015 Affirmative efforts.

28.02.050 Bidder or proposer.

28.02.065 Certification.

28.02.070 Certified business.

28.02.080 Combination minority and women business enterprise/CBE.

28.02.085 Commercially useful function.

28.02.095 Construction Contract.

28.02.105 Consultant contract.

28.02.110 Contract.

28.02.115 Contractor.

28.02.125 Days.

28.02.140 Department.

28.02.155 Director.

28.02.165 Division.

28.02.170 Disadvantaged business enterprise/DBE.

28.02.185 Eligible certified business.

28.02.250 Joint venture.

28.02.300 Metropolitan functions.

28.02.305 Minority or minorities.

28.02.310 Minority business enterprise/MBE.

28.02.375 Purchasing contracts.

28.02.405 Reserved contract.

28.02.445 Small business concern.

28.02.450 Solicitation.

28.02.455 Subcontract.

28.02.460 Subcontractor.

28.02.465 Substitution or substitutes.

28.02.490 Utilization goals.

28.02.495 Utilization requirements.

28.02.510 Women business enterprise or WBE.

28.02.001 Definitions. The following words and phrases, when used in K.C.C. 28.20, shall have the meanings hereinafter set forth in this chapter. These definitions shall not apply to provisions of the King County Code other than K.C.C. 28.20. (Ord. 12074 § 5, 1995).

28.02.015 Affirmative efforts. Affirmative efforts means making vigorous attempts in good faith to contact and contract with certified businesses. (Ord. 11032 § 11 (part), 1993).

28.02.050 Bidder or proposer. Bidder or proposer means "bidder," "proposer" or "offerer" as those terms are defined in K.C.C. 4.16*. (Ord. 12074 § 6, 1995).

*Reviser's note: K.C.C. chapter 4.16 was recodified as K.C.C. chapter 2.93 by Ordinance 17522.

28.02.065 Certification. Certification means the process by which the state of Washington Office of Minority and Women's Business Enterprises (hereinafter "OMWBE") determines that a business meets the requirements and criteria as a minority, women, combination, or disadvantaged business under applicable state and federal laws and regulations. (Ord. 11032 § 11 (part), 1993).

28.02.070 Certified business. Certified business means a firm which has been notified by the OMWBE in writing that it has met the requirements and criteria as either a minority, women, combination, or disadvantaged business. (Ord. 11032 § 11 (part), 1993).

28.02.080 Combination minority and women business enterprise or CBE. Combination minority and women business enterprise or CBE means a business certified as such by OMWBE, in accordance with applicable state laws and regulations. (Ord. 11032 § 11 (part), 1993).

28.02.085 Commercially useful function. Commercially useful function means the performance of a distinct element of work for which a firm has the skill and expertise as well as the responsibility of actually performing, managing and supervising. (Ord. 11032 § 11 (part), 1993).

28.02.095 Construction contract. Construction contract means "public works contract" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 7, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.105 Consultant contract. Consultant contract means "service contract" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 8, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.110 Contract. Contract means "contract" as that term is defined in K.C.C. 4.16*. (Ord. 12074 § 9, 1995).

*Reviser's note: K.C.C. chapter 4.16 was recodified as K.C.C. chapter 2.93 by Ordinance 17522.

28.02.115 Contractor. Contractor means "contractor" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 10, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.125 Days. Days shall mean calendar days. If a final date falls on a weekend or a state or national holiday, the date shall be the next working day. (Ord. 11032 § 11 (part), 1993).

28.02.140 Department. Department means "department" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 11, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.155 Director. Director means "administrator" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 12, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.165 Division. Division means any organizational unit of a department so designated in K.C.C. 2.16. (Ord. 12074 § 13, 1995).

28.02.170 Disadvantaged business enterprise or DBE. Disadvantaged business enterprise or DBE means a business certified as such by OMWBE, in accordance with applicable federal laws and regulations. (Ord. 11032 § 11 (part), 1993).

28.02.185 Eligible certified business. Eligible certified business means a business which has been certified by the OMWBE as either a minority, women or combination business and has done or has attempted to do business in King County. (Ord. 11032 § 11 (part), 1993).

28.02.250 Joint venture. Joint venture means 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 purpose. The association's members in the single business activity have combined their capital, efforts, skills, knowledge or property, and they exercise control and share in profits and losses in proportion to their contribution to the business activity. The joint venture must be established in accordance with rules issued by OMWBE. (Ord. 11032 § 11 (part), 1993).

28.02.300 Metropolitan functions. Metropolitan functions means "metropolitan functions" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 14, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.305 Minority or minorities. Minority or minorities shall include Blacks or African Americans, Asians, Pacific Islanders, Native American Indians, Alaskan Natives, and Hispanics or Latinos or as otherwise described under applicable state and federal laws and regulations. (Ord. 12074 § 15, 1995).

28.02.310 Minority business enterprise and MBE. Minority business enterprise and MBE means a business certified as such by OMWBE, in accordance with applicable state laws and regulations. (Ord. 11032 § 11 (part), 1993).

28.02.375 Purchasing contracts. Purchasing contracts means "tangible personal property contracts" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 16, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.405 Reserved contract. Reserved contract means a contract for which the consideration of bids or proposals is limited to or reserved for the bids or proposals submitted by certified businesses. (Ord. 11032 § 11 (part), 1993).

28.02.445 Small business concern. Small business concern means a small business as defined pursuant to Section 3 of the federal Small Business Act and relevant regulations promulgated pursuant thereto. (Ord. 11032 § 11 (part), 1993).

28.02.450 Solicitation. Solicitation means a request for the provision of goods, materials and services. Solicitation shall include requests for proposals, quotes, invitations to bid and similar efforts. (Ord. 11032 § 11 (part), 1993).

28.02.455 Subcontract. Subcontract means a contract or agreement to perform a specified part of the work, or to provide specified materials or services, under or subordinate to a contract between a contractor and the county. (Ord. 12074 § 17, 1995).

28.02.460 Subcontractor. Subcontractor means "contractor" as that term is defined in K.C.C. 4.18*. (Ord. 12074 § 18, 1995).

*Reviser's note: K.C.C. chapter 4.18 was repealed by Ordinance 17652.

28.02.465 Substitution or substitutes. Substitution or substitutes means replacing one certified minority, women, combination or disadvantaged business for another, or increasing the level of utilization of certified businesses in order to maintain the required level of utilization in accordance with the bid or proposal specifications and commitments. (Ord. 11032 § 11 (part), 1993).

28.02.490 Utilization goals. Utilization goals means those biennial and specific minimum contract goals for the participation of certified minority, women and disadvantaged businesses in contracting opportunities with the county, whether as prime contractors or subcontractors. The goal shall be expressed as a numerical percentage of the total dollar value of all contracts or a specific contract, as the case may be, to be awarded by or for the county in support of a metropolitan function. These goals shall be applicable to businesses organized for profit, along with governmental agencies and quasi‑governmental agencies, unless otherwise provided in K.C.C. 28.20 or under applicable state and federal laws and regulations. (Ord. 12074 § 19, 1995).

28.02.495 Utilization requirements. Utilization Requirements means those efforts which bidders, contractors, subcontractors and the county shall make to meet the utilization goals. (Ord. 12074 § 20, 1995).

28.02.510 Women business enterprise or WBE. Women business enterprise or WBE means a business certified as such by OMWBE, in accordance with applicable state laws and regulations. (Ord. 11032 § 11 (part), 1993).

II. ADMINISTRATIVE PROCEDURES

28.20 MINORITY/WOMEN BUSINESS ENTERPRISE AND CONTRACT COMPLIANCE

Sections:

28.20.040 Powers and duties of the director.

28.20.050 Certification of businesses.

28.20.060 Rules and procedures for complying with federal laws and regulations.

28.20.040 Powers and duties of the director.

A. In addition to the powers and duties given the director elsewhere in this chapter, the director shall:

1. Take such actions as may be necessary to implement the policies of this chapter or such responsibilities as may be assigned hereunder by the county council;

2. Revise or substitute the definitions and requirements of this chapter as may be necessary to ensure that the policies and implementation of this chapter comply with all applicable federal and state laws and regulations;

3. Establish biennial utilization goals for the department, in accordance with the factors and considerations set forth in this chapter;

4. If delegated the authority by the county executive, enter into cooperative agreements with private businesses, nonprofit organizations and other government agencies for the purpose of increasing the participation of certified businesses in government contracting;

5. Establish rules, regulations and procedures for implementing and administering this chapter;

6. Monitor and enforce the goals and utilization requirements set forth in this chapter;

7. Maintain a list of certified businesses provided by the state of Washington Office of Minority and Women's Business Enterprises;

8. Ensure that eligible certified businesses are placed, where possible, on solicitation and bidding lists maintained by the department;

9. Implement alternatives for arranging or reserving contracts by size and type of work so as to enhance the possibility of participation by eligible certified businesses;

10. Designate employees of the department to assist in the administration and implementation of this chapter;

11. Develop and implement appropriate notice procedures to advise eligible certified businesses of contracting opportunities with the department;

12. Establish financial and technical assistance and other programs and strategies as may be necessary to assist eligible certified businesses in overcoming the effects of past and present discrimination, and to increase or maximize contracting opportunities for eligible certified businesses;

13. Monitor the implementation and accomplishment of the provisions and objectives of this chapter by the employees of the department; and

14. Designate a Minority/Women/Disadvantaged Business Liaison Officer (M/W/DBE Liaison Officer) who shall have direct and open access to the director for the purpose of implementing the requirements of this chapter, serve as a resource to eligible certified businesses for participating in contracts with the department and to staff of the department for maximizing participation by eligible certified businesses in such contracts, be responsible for the daily oversight and monitoring of the department's implementation of this chapter, prepare and provide reports related to the implementation of this chapter, and work with and provide staff support to the M/WBE Advisory Board.

B. The director shall appoint a Minority and Women Business Enterprise Advisory Board (M/WBE Advisory Board) which shall provide to the director information and recommendations related to the implementation of this chapter. The M/WBE Advisory Board shall collaborate with the M/W/DBE Liaison Officer in carrying out its work. The director may issue guidelines further defining the activities and operation of the M/WBE Advisory Board.

C. The director shall establish separate and reasonably achievable biennial goals for the utilization of minority, women and disadvantaged businesses in contracts to be awarded by the department pursuant to the following procedures. The goals shall be used to direct the efforts of the department in securing utilization of eligible certified businesses and to measure the success of those efforts. The goals shall be expressed in terms of the total dollar value of all contracts to be awarded by the department, and may be established for categories of contracting, such as architectural and engineering consultant, general consultant, construction and purchasing.

1. To the extent relevant information is available, the director shall consider the following factors in developing and establishing biennial goals:

a. The number and types of contracts likely to be awarded by the department;

b. The number and types of minority, women and disadvantaged businesses likely to be available to compete for such contracts or subcontracts under such contracts;

c. The past levels of participation by minority, women and disadvantaged businesses in contracts awarded by the department, other agencies of the county and other governmental agencies in King County;

d. The level of participation recommended by governmental and private agencies in King County whose purpose is to promote the use of minority, women and disadvantaged businesses;

e. Demographic and other business ownership data provided by the Bureau of the Census of the U.S. Department of Commerce, the state of Washington and other sources; and

f. Any other information relevant to achieving the purposes of this chapter.

2. The director shall cause a notice to be published announcing the proposed biennial utilization goals and requesting comments from the public, and private and public agencies. The period during which comments may be submitted shall not be less than thirty (30) days from the date of publication of the notice. In accordance with the requirements and factors set forth in this chapter and after due consideration of timely comments received from the public, and from private and public agencies, the director shall establish the biennial utilization goals for the department. The department's goals, whether biennial or otherwise, for federally and state‑assisted projects shall be established by the director in accordance with applicable federal and state laws, regulations and grant conditions.