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Chapter 7.06
Procurement of Goods, Services and WorksSections:
Article I. General Provisions
7.06.010 Purpose.
7.06.020 Designees.
7.06.030 Guidelines.
7.06.035 “Committee To Receive Bids” Defined.
7.06.040 “Contract” Defined.
7.06.050 “Goods” Defined.
7.06.060 “Minor” Defined.
7.06.070 “Personal Service” Defined.
7.06.080 “Public Work” Defined.
7.06.090 “Purchasing” Defined.
7.06.097 Use of Credit Cards.
Article II. Public Bidding and Other Provisions
7.06.100 Public Bidding – Application.
7.06.110 Public Bidding – Invitation.
7.06.120 Public Bidding – Bid Opening.
7.06.130 Public Bidding – Evaluation.
7.06.140 Public Bidding – Intergovernmental Purchase Contracts.
7.06.150 Public Bidding – Award.
7.06.160 Alternatives to Public Bidding.
7.06.170 Sole Source Procurement.
7.06.173 Purchase of Used Goods.
7.06.177 Data Processing and Telecommunications Systems.
7.06.180 Emergency Procurement.
7.06.182 Repair or Maintenance of Equipment.
7.06.185 Purchase from Published Price Lists.
7.06.190 Minor Procurement.
7.06.200 Cancellation of Invitations for Bids.
7.06.210 Inspection of Contractor’s Plant and Records.
7.06.220 Specifications – Maximum Practicable Competition.
Article III. Contracts and Their Execution
7.06.230 Types of Contracts – General Authority.
7.06.240 Multiterm Contracts.
7.06.250 Contracts – Execution.
7.06.255 Facility Leases.
7.06.260 Minor Contracts – Execution.
7.06.262 Change Orders – Contract Amendments.
7.06.264 Final Approval of Public Works Contracts.
7.06.267 Engineering Administration.
7.06.270 Purchase Order Contracts.
7.06.272 Motor Vehicle Leases by Police Department.
7.06.274 Extra-Duty Police Security.
7.06.275 Approval of Payment.
Article IV. Architect – Engineer – Land Surveyor Services
7.06.280 Public Announcement.
7.06.290 Selection Process.
7.06.295 Minor Architect/Engineer Contracts.
7.06.300 Negotiations.
Article V. Bid Security and Performance Bonds
7.06.310 Bid Security – Public Works.
7.06.320 Performance and Payment Bonds – Public Works.
7.06.330 Bid and Performance Bonds on Purchase and Other Contracts.
Article VI. Remedies
7.06.340 Remedies for Solicitations or Awards in Violation of Law.
Article VII. Municipal Art Policy
7.06.400 Municipal Art Projects.
7.06.410 Definitions.
7.06.420 Funding Works of Art.
7.06.430 Arts Commission.
Article I. General Provisions
7.06.010 Purpose.
The purpose of this chapter is to provide for the fair and equitable treatment of persons who deal with the City procurement system; to maximize economy in procurement activities; and to foster effective broad-based competition in the purchase of goods, the acquisition of services and the performance of public works.
[Ord. C32882 § 1; Passed: 9/4/2001]
7.06.020 Designees.
Reference to the mayor, city clerk, or purchasing director includes their respective designees.
[Ord. C32882 § 2; Passed: 9/4/2001]
7.06.030 Guidelines.
The purchasing director is authorized to establish regulations to serve as guidelines in implementing this chapter.
[Ord. C27449; Passed: 1/16/1984]
7.06.035 “Committee To Receive Bids” Defined.
The committee to receive bids consists of the director of purchasing and the city clerk. The committee receives bids and refers them to the department requesting the work, or the purchaser, for evaluation and recommendation to the city council for acceptance or rejection. In the case of a joint bid with another governmental agency, only one committee member need be present to receive bids.
[Ord. passed: 5/17/2004]
7.06.040 “Contract” Defined.
“Contract” means an agreement creating a legal relationship between the City and another person or entity, or any amendment or renewal thereto.
[Ord. C27449; Passed: 1/16/1984]
7.06.050 “Goods” Defined.
“Goods” means all things which are movable at the time of identification to the purchase contract.
[Ord. C27449; Passed: 1/16/1984]
7.06.060 “Minor” Defined.
“Minor” means:
A. a contract that involves a net revenue or expense (excluding sales tax and state filing fees) of thirty-five thousand dollars or less within a twelve-month period, and is of a routine nature; or
B. a housekeeping change or clarification to a contract that does not affect a material term or condition.
Effective the first of January of 2002 and the first of January of each year thereafter, the above monetary limit shall be adjusted by the comptroller by an amount equal to 100 percent of the average of the previous July – July U.S. All City Average (CPI-U and CPI-W). The newly determined amount shall be rounded to the nearest multiple of one hundred dollars.
[Ord. C32882 § 3; Passed: 9/4/2001]
7.06.070 “Personal Service” Defined.
A. “Personal service” means the furnishing of labor, time, or effort by a person as an independent contractor, not involving the delivery of a specific end product.
B. “Personal service” includes professional or technical services by a consultant to accomplish a specific study, project task or other work statement; and services provided to accomplish routine, continuing and necessary functions.
C. “Personal service” does not include services in connection with anticipated or pending litigation or other legal proceedings.
[Ord. C32882 § 4; Passed: 9/4/2001]
7.06.080 “Public Work” Defined.
“Public work” means all work, construction, alteration, repair, or improvement, other than ordinary maintenance, executed at the cost of the City or which is by law a lien or charge on any real property thereof.
[Ord. C32882 § 5; Passed: 9/4/2001]
7.06.090 “Purchasing” Defined.
“Purchasing” means the purchasing, lease-purchasing, leasing, or other acquisition or disposition of any goods.
[Ord. C32882 § 6; Passed: 9/4/2001]
7.06.097 Use of Credit Cards.
A. The comptroller maintains a credit card account with a suitable financial institution.
B. The purchasing director distributes cards to such employees as appropriate for their use in making small purchases.
C. Should a charge be disallowed, the charging employee must pay the amount of any disallowed charge to the City before the date the City is required to pay the billing from the credit card company. Should the employee fail to timely pay, the City has a lien against any sums payable to the employee, including wages.
D. Use of procurement cards is subject to such rules and regulations as the comptroller may from time to time adopt. A card may not be used for cash advances.
[Ord. C32882 § 7; Passed: 9/4/2001]
Cross Reference: Res. 97-107; SMC 3.07.160.
Article II. Public Bidding and Other Provisions
7.06.100 Public Bidding – Application.
Except as otherwise provided by law, procurements of all public works, goods, and services are by public bidding.
A. Local improvements are by public bidding when the estimated cost of the improvement exceeds five thousand dollars pursuant to RCW 35.43.190.
B. Public works are by public bidding when:
1. The estimated cost of the public work exceeds seventy thousand dollars if more than a single craft or trade is involved in the project; or
2. The estimated cost of the public work exceeds thirty-five thousand dollars if only a single craft or trade is involved in the project or the project is street signalization or street lighting.
C. Purchasing of goods is by public bidding when the estimated cost thereof exceeds thirty five thousand dollars, or the then current “minor” contract level, in a twelve-month period.
D. Procurement of personal services is by public bidding when the estimated cost thereof exceeds fifty thousand dollars in a twelve-month period.
E. Except where prohibited by law, when the procurement of public works, services or goods involves the use of certain moneys subject to special restrictions, those special restrictions will govern the procurement.
[Ord. C33035 § 1; Passed: 6/10/2002]
7.06.110 Public Bidding – Invitation.
An invitation for bids includes specifications and the contractual terms and conditions applicable to the procurement. Notice of the invitation for bids is published in the Official Gazette. Other advertising media may also be used. The notice states the place, time and date of bid opening, and the location for obtaining a copy of the invitation.
[Ord. C32882 § 9; Passed: 9/4/2001]
7.06.120 Public Bidding – Bid Opening.
Bids are opened publicly by the committee to receive bids at the time and place designated in the invitation.
[Ord. C32882 § 10; Passed: 9/4/2001]
7.06.130 Public Bidding – Evaluation.
Bids are evaluated based upon the requirements set forth in the invitation for bids. The criteria for award shall be objectively measurable. No criteria may be used that are not set forth in the invitation. Bid evaluation shall be based on, but not limited to, the following criteria where applicable and only which can be reasonably determined:
A. price and the effect of term discounts. Price may be determined by the life-cycle costing if so indicated in the invitation;
B. the conformity of the goods, public work and/or services bid with the invitation for bid or request for quotation specifications depicting the quality and the purposes for which they are required;
C. the ability, capacity and skill of the bidder to perform the contract or provide the service required;
D. the character, integrity, reputation, judgment, experience and efficiency of the bidder;
E. whether the bidder can perform the contract within the time specified;
F. the quality of performance on previous contracts;
G. the previous and existing compliance by the bidder with laws relating to the contract;
H. servicing resources, capability and capacity;
I. lack of uniformity or interchangeability, if such factors are important;
J. the energy efficiency of the product as projected throughout the anticipated useful life of the product; and
K. such other information as may be secured having a bearing on the decision to award the contract.
[Ord. C32882 § 11; Passed: 9/4/2001]
7.06.140 Public Bidding – Intergovernmental Purchase Contracts.
A. The purchasing director is encouraged to enter into joint or pooled purchase contracts with the State of Washington and other governmental units.
B. The city council may authorize the purchase of goods without public bidding from a contract available through:
1. the Washington State Purchasing Cooperative; or
2. another governmental unit whenever the purchasing director and using department have shown that the procurement meets the City’s requirements and represents the most favorable procurement for the City considering price and other evaluation factors.
[Ord. C33027 § 1; Passed: 6/3/2002]
7.06.150 Public Bidding – Award.
A. Following evaluation the requesting department, along with the purchasing director in case of purchases, submits its recommendation for award to the city council.
B. Notice of the award hearing is published in the agenda of the city council. The name and bid amount of the successful bidder(s) are available in the office of the city clerk at least one day prior to the award hearing.
C. Bidders and taxpayers wishing to formally protest the award of a bid must make their protests before the city council at the award hearing.
D. After hearing all protests, the city council makes its decision. Award is to the bidder whose bid is most favorable to the City with price and other factors considered. Nothing herein is to be construed to compel the city council to make an award.
E. The decision of the city council is final and not subject to appeal.
[Ord. C32882 § 13; Passed: 9/4/2001]
7.06.160 Alternatives to Public Bidding.
When it is considered impractical to initially prepare a procurement description to support an award based upon price, the purchasing director and the requesting department may utilize a request for information or a request for proposals, including in an appropriate case a design-build proposal. The information received in response to the requests may serve as the basis for a future invitation to bid or as the basis for competitive negotiation.
[Ord. C32882 § 14; Passed: 9/4/2001]
7.06.170 Sole Source Procurement.
The city council by resolution may waive public bid requirements for:
A. purchases, public works and services that are clearly and legitimately limited to a single source of supply;
B. purchases, public works and services involving special facilities or market conditions;
C. purchases of insurance or bonds.
The purchasing director conducts negotiations, as appropriate, as to price, delivery and terms.
[Ord. C32882 § 15; Passed: 9/4/2001]
7.06.173 Purchase of Used Goods.
The city council may authorize the purchase of used goods without public bidding if the requesting department and purchasing director have fully justified the acquisition of the used goods without bidding.
Justification requires using independent appraisals to establish that the proposed purchase price is not above the fair market value of the goods. At least two appraisals will be done whenever possible, but in no event may there be fewer than one. The appraisals are to be made by competent persons, not associated with either the prospective seller or the City, who are knowledgeable of the goods’ market.
[Ord. C32882 § 16; Passed: 9/4/2001]
7.06.177 Data Processing and Telecommunications Systems.
A. Electronic data processing or telecommunication equipment, software, or services may be acquired through competitive negotiation when the estimated cost thereof exceeds thirty-five thousand dollars, or the then current “minor” contract level, in a twelve-month period. Competitive negotiation shall include, as a minimum, the following:
1. A request for proposal shall be prepared and submitted to an adequate number of qualified sources.
2. Notice of the request for proposal shall be published in the Official Gazette at least thirteen days before the last day to receive proposals.
3. The request for proposal shall identify significant evaluation factors, including price and their relative importance.
B. The purchasing director and the requesting department shall make the recommendation for award. Award of contract, when made, shall be made to the qualified firm whose proposal is the most favorable to the City with price and other factors considered.
[Ord. C32882 § 18; Passed: 9/4/2001]
7.06.180 Emergency Procurement.
A. The city council by resolution may waive public bid requirements for purchases, public works and services in the event of an emergency. “Emergency” means unforeseen circumstances beyond the control of the City that either:
1. present a real, immediate threat to the proper performance of essential functions, or
2. will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
B. If the emergency requires procurements before city council action, the mayor may declare an emergency situation exists, waive public bidding requirements, and award all necessary contracts on behalf of the City to address the emergency situation. If a contract is awarded without public bidding due to an emergency, a written finding of the existence of an emergency must be made by the city council no later than two weeks following the award of the contract.
C. Force account work by City crews shall be in accordance with State law.
D. Emergency procurements are made with such competition as is practicable under the circumstances.
[Ord. C32882 § 19; Passed: 9/4/2001]
7.06.182 Repair or Maintenance of Equipment.
The city council may award a contract without public bidding for the repair or maintenance of City equipment where the City is not equipped or able to do the work, and when it is impossible to estimate the repairs necessary until such equipment is dismantled.
[Ord. C32882 § 20; Passed: 9/4/2001]
7.06.185 Purchase from Published Price Lists.
The city council may award a contract without public bidding for the purchase of supplies, materials, equipment, or services needed continuously or repeatedly, including catalogue or standard production items the price of which is determined by published price lists.
[Ord. C32882 § 21; Passed: 9/4/2001]
7.06.190 Minor Procurement.
A. Procurements not subject to public bid shall be made with such competition as is practicable under the circumstances. Procurement requirements may not be artificially divided so as to constitute a minor procurement under this section.
B. In accordance with State law the purchasing director shall at least twice a year publish a notice of the existence of vendor lists and solicit the names of vendors for the lists. In accordance with State law the city council, by resolution, shall establish a procedure for securing telephone or written quotations, or both.
C. The mayor on a case-by-case basis may authorize securing in the open market, without quotation, any supplies, materials, equipment, or services when the delay and expense in handling quotations would not be advantageous to the City.
[Ord. C32882 § 22; Passed: 9/4/2001]
7.06.200 Cancellation of Invitations for Bids.
An invitation for bids may be canceled, or any and all bids may be rejected in whole or in part, when the purchasing director determines that it is in the best interests of the City. The city council also may reject any or all bids prior to formal award of the contract.
[Ord. C27449; Passed: 1/16/1984]
7.06.210 Inspection of Contractor’s Plant and Records.
A. Right to Inspect Plant. The City, at reasonable times, may inspect the part of the plant, place of business, or worksite of a contractor or subcontractor which is pertinent to performance of any contract awarded or to be awarded by the City.
B. Right to Audit. The City is entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of such contract or subcontract.
[Ord. C27449; Passed: 1/16/1984]
7.06.220 Specifications – Maximum Practicable Competition.
A. All specifications are to be drafted to promote overall economy for the intended purposes and encourage competition while satisfying the City’s needs, and not be unduly restrictive.
B. In following the obligations of this section, the purchasing director may consider lease, lease-purchase or purchase methods of procurement.
[Ord. C30214; Passed: 9/23/1991]
Article III. Contracts and Their Execution
7.06.230 Types of Contracts – General Authority.
Subject to applicable law, the City may use any type of contract which will promote its best interests and is appropriate to the procurement.
[Ord. C27449; Passed: 1/16/1984]
7.06.240 Multiterm Contracts.
A. Specified Period. Unless otherwise provided by law, a contract may be entered into for any period of time deemed to be in the best interests of the City, so long as funds are available for the current budget year at the time of contracting. Payment and performance obligations for succeeding budget years are subject to the availability and appropriation of funds.
B. Determination Prior to Use. Prior to the utilization of a multiterm contract it is to be determined that estimated requirements cover the period of the contract and are reasonably firm and continuing; and that such contract will serve the best interests of the City by encouraging effective competition or otherwise promoting City procurement.
[Ord. C32882 § 23; Passed: 9/4/2001]
7.06.250 Contracts – Execution.
Except as otherwise provided all contracts to which the City is a party shall be in writing and executed in the name of the City by the mayor or council president under the direction of the city council, attested by the city clerk and, when necessary, acknowledged.
[Ord. C32882 § 24; Passed: 9/4/2001]
7.06.255 Facility Leases.
A. The mayor is authorized to execute the following City facility leases without individual city council authorization:
1. East Central Community Center,
2. Opera House,
3. Convention Center/Washington State International Agricultural Trade Center,
4. Joe Albi Stadium,
5. City Hall.
B. The manager of the Spokane Veterans’ Memorial Arena is authorized to execute in a representative capacity for the mayor arena use agreements without individual city council authorization.
C. The city clerk is authorized to attest such signatures. The mayor or the arena manager may, upon his or her own volition, place any specific lease on the agenda for individual council authorization as he or she may see fit.
D. The city council by resolution approves in advance the terms of the facility leases.
[Ord. C32882 § 25; Passed: 9/4/2001]
7.06.260 Minor Contracts – Execution.
A. The city council hereby directs and authorizes the mayor to execute minor contracts without individual approval of each contract by the city council. The city clerk is authorized to attest such signatures. The mayor may, upon his or her own volition, place any specific contract on the agenda for individual council authorization as he or she may see fit.
B. Contracts which were publicly bid require prior council approval.
[Ord. C32882 § 26; Passed: 9/4/2001]
7.06.262 Change Orders – Contract Amendments.
A. The mayor may authorize, by change order or contract amendment, aggregate increases of up to ten percent of the total contract dollars per contract, not to exceed one hundred thousand dollars, upon verification by the comptroller that funds are available.
B. Notwithstanding subsection (A) of this section, the city council hereby directs and authorizes the mayor to delegate approval/signature authority for change orders where a pre-approved administrative reserve has been established without individual approval of each change order by the city council. The city council shall approve the policy/procedures for implementing this subsection.
[Ord. C33337 § 1; Passed: 12/1/2003]
7.06.264 Final Approval of Public Works Contracts.
A. The mayor is authorized to accept public works contracts without individual action by the city council.
B. Final acceptance of unit-price public works contracts does not require a final adjustment change order if the contract cost is up to ten percent of the original bid cost, including all change orders.
[Ord. C32954 § 1; Passed: 12/3/2001]
7.06.267 Engineering Administration.
The director of public works and utilities may execute routine documents as required for efficient administration of public works projects, such as permits to enter and construction easements, and may authorize payment therefor by voucher.
[Ord. C32882 § 30; Passed: 9/4/2001]
Cross Reference: Res. 97-87.
7.06.270 Purchase Order Contracts.
The director of purchasing is designated to execute purchase order contracts in a representative capacity for the mayor, except:
A. contracts which have been publicly bid, and
B. contracts exceeding thirty-five thousand dollars, or the then current “minor” contract level, in a twelve-month period
require prior council approval.
[Ord. C32882 § 31; Passed: 9/4/2001]
7.06.272 Motor Vehicle Leases by Police Department.
The chief of police is designated to execute in a representative capacity for the mayor motor vehicle leases for vehicles to be used on official department business. The city council by resolution approves in advance the terms of the leases.
[Ord. C32882 § 32; Passed: 9/4/2001]
7.06.274 Extra-Duty Police Security.
The chief of police is designated to execute in a representative capacity for the mayor individual contracts for the assignment of City police officers to provide security in an extra-duty capacity in accordance with a master contract pre-approved by the city council and with established departmental policies and procedures.
[Ord. C32882 § 33; Passed: 9/4/2001]
Cross Reference: SMC 10.30.080.
7.06.275 Approval of Payment.
Payments under all contracts are included in the claims submitted by the mayor to the council for approval as provided in SMC 1.02.150 and Charter section 24.18.
[Ord. C32882 § 34; Passed: 9/4/2001]
Article IV. Architect – Engineer – Land Surveyor Services
7.06.280 Public Announcement.
Requirements for architect, engineer and land surveyor services are published in advance. The announcement states the general scope and nature of projects or works for which the services are required and the address of the City representative who can provide further details. Compliance with this section can be accomplished by publishing an announcement on each occasion when professional services are required, or by announcing generally to the public projected requirements for any category or type of professional services.
[Ord. C27449; Passed: 1/16/1984]
7.06.290 Selection Process.
In the procurement of architect, engineer and land surveyor services the purchasing director encourages firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. Current statements of qualifications and performance data on file with the purchasing director, together with those that may be submitted by other firms regarding the proposed project, are evaluated by the City. Discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services are conducted and the selection is made from those discussions, based upon criteria established by the City, of the firm deemed to be the most highly qualified to provide the services required for the proposed project.
[Ord. C27449; Passed: 1/16/1984]
7.06.295 Minor Architect/Engineer Contracts.
Individual project advertisements are not required when the estimated cost is fifty thousand dollars or less. The City need only evaluate the current statements of qualification and performance data on file with the purchasing director.
[Ord. C32882 § 35; Passed: 9/4/2001]
7.06.300 Negotiations.
A. A contract is negotiated with the most qualified firm at a price fair and reasonable to the City. In making this determination the estimated value of the services to be rendered, as well as the scope, complexity and professional nature thereof, are taken into account.
B. If the City is unable to negotiate a satisfactory contract with the selected firm at a price fair and reasonable to the City, negotiations with that firm are formally terminated and the City selects other firms in accordance with this chapter and continues in accordance with this section until an agreement is reached or the process is terminated.
[Ord. C32882 § 36; Passed: 9/4/2001]
Article V. Bid Security and Performance Bonds
7.06.310 Bid Security – Public Works.
A. When Required. Bid security is required for all public bidding of public work contracts. Bid security is a bond provided by a surety company authorized to do business in the State of Washington, or the equivalent in cash, or otherwise supplied in a form satisfactory to the City. Nothing herein prevents the requirement of such security on public work contracts under the public bid limits when the circumstances warrant.
B. Amount of Bid Security. Bid security is at least five percent of the amount of the bid.
C. Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected unless it is determined that the bid fails to comply in a nonsubstantial manner with the security requirements.
D. Withdrawal of Bids. After the bids are opened they are irrevocable for the period specified in the invitation for bids. If a bidder is permitted to withdraw its bid before award, no action is had against the bid or the bid security.
[Ord. C32882 § 37; Passed: 9/4/2001]
7.06.320 Performance and Payment Bonds – Public Works.
A. When Required – Amounts. Except as provided by State law, when a public work contract is awarded, a performance and payment bond(s) satisfactory to the City and executed by a surety company authorized to do business in the State of Washington, or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent or more of the price specified in the contract, must be delivered to the City to become binding on the parties upon the execution of the contract.
B. Authority to Require Additional Bonds. Nothing in this section limits the authority of the City to require a performance bond or other security in addition to the bonds, or in circumstances other than specified in subsection (A) of this section.
[Ord. C27449; Passed: 1/16/1984]
7.06.330 Bid and Performance Bonds on Purchase and Other Contracts.
Bid and performance bonds or other security may be requested for purchase contracts and other contracts as the purchasing director or requesting department deems advisable to protect the City’s interest. Bid or performance bonds are not to be used as a substitute for a determination of a bidder or offeror’s responsibility.
[Ord. C32882 § 38; Passed: 9/4/2001]
Article VI. Remedies
7.06.340 Remedies for Solicitations or Awards in Violation of Law.
A. Prior to Bid Opening. If, prior to bid opening, it is determined administratively or upon judicial review that a solicitation is in violation of applicable law, the solicitation is canceled or revised to comply with such law.
B. Prior to Award. If, after bid opening, it is determined administratively or upon judicial review that a solicitation or proposed award of a contract is in violation of applicable law, the solicitation or proposed award is canceled.
C. After Award. If, after an award, it is determined administratively or upon judicial review that a solicitation or award of a contract was in violation of applicable law, then:
1. If the person awarded the contract has not acted fraudulently or in bad faith:
a. The contract may be ratified and affirmed by the city council, if it is determined that doing so is in the City’s best interests; or
b. The contract may be terminated upon order of the city council;
2. If the person awarded the contract has acted fraudulently or in bad faith, the city council may declare the contract null or voidable, if such action is in the City’s best interests, without prejudice to the City’s rights to any appropriate damages.
[Ord. C27449; Passed: 1/16/1984]
Article VII. Municipal Art Policy
7.06.400 Municipal Art Projects.
The City accepts responsibility for the beautification of its public areas. The council finds that such beautification adds greatly to the enhancement of the quality of life of Spokane’s citizens, attracts tourism, and provides incentives to business to locate in the city, thereby expanding Spokane’s economic base. The policy is, therefore, established to include works of art in public works of the City.
[Ord. C26408 § 1]
7.06.410 Definitions.
A. “Art” is visual art as defined in SMC 4.05.070.
B. “Construction project” is a capital project, at a cost in excess of twenty-five thousand dollars, paid for wholly or in part by the City to construct or remodel any building or permanent structure; except that the art funding requirement of SMC 7.06.420 does not apply to any construction project:
1. for streets, sidewalks or alleys;
2. funded by local improvement district assessments;
3. under the authority of the park board.
C. “Eligible fund” is any source of payment of a construction project of which an expenditure for art is not prohibited.
[Ord. C32882 § 39; Passed: 9/4/2001]
7.06.420 Funding Works of Art.
Whoever requests an appropriation of an eligible fund for a construction project includes one percent of the estimated project cost for works of art. When the council approves such an appropriation request, the appropriation includes the one percent for art.
[Ord. C26408 § 3]
7.06.430 Arts Commission.
The arts commission coordinates the selection, placement and other planning and design factors of municipal art projects in accordance with the overall municipal arts plan as provided in SMC 4.05.050.
[Ord. C26408 § 4]
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