Spokane Municipal Code

Title 07 Finance

Chapter 07.06 Procurement of Goods, Services and Works

Article XI. Priority Hire Program

Section 07.06.810 Definitions

 

Where used in this chapter, unless the context clearly requires otherwise, the following terms shall have the meaning and construction set forth herein:

1. “Apprentice” means, a person who has signed a written apprenticeship agreement and is an active participating apprentice in good standing, with and enrolled in an active registered apprenticeship program approved by the Washington State Apprenticeship and Training Council.

2. “Community workforce agreement” means an executed agreement signed by the City of Spokane, and representatives of the NE Washington/N Idaho Building & Construction Trades Council, and other labor organizations, as applicable, under this chapter. The community workforce agreement is a project labor agreement for a single construction project that contains terms and conditions for social impact as directed by city policy including but not limited to priority hiring requirements, as well as, standards for work hours, wages, working conditions, safety conditions, union recognition and representation, apprenticeship requirements, and settlement of both jurisdictional and other dispute procedures.

3. “Contractor” means a person or business entity that enters into a contract with the city or a subcontractor performing services under such a contract. A contractor employs individuals to perform work on construction projects, including general contractors, subcontractors of all tiers without regard to union status.

4. “Competitive bidding compliance” means all procurement under this ordinance shall comply with competitive bidding requirements of RCW 39.04.  The city may establish supplemental responsible bidder criteria under RCW 39.04.350 that includes workforce development commitments, apprenticeship utilization plans, and local hiring good faith efforts.  Such criteria shall be objective, clearly defined, and related to the contractor’s ability to perform the work efficiently and effectively.

5. “Economically distressed area” means a geographic area within the City of Spokane, as defined by the federally recognized economically disadvantaged markers identified in this section, and found by the city to be in the top thirty percent of all zip codes in the City of Spokane in terms of the concentration of individuals who meet at least two of the following criteria:

1. 1. have income at or below two hundred percent of the federal poverty level;

1. 2. are unemployed; or

1. 3. are at least twenty-five years old and without a college degree.

The City may add zip codes that meet these criteria for construction projects that are part of the city’s wastewater service area in the City of Spokane. The City may adjust the list of economically distressed areas in order to enhance regional uniformity with other local jurisdictions implementing priority hire programs.

6. “Good faith efforts” means a reasonable and sincere effort made by the contractor and its subcontractor to meet the established apprentice requirement, priority hiring requirement and other hiring goals. This effort will be documented using a standardized method, signed by the contractor representative and craft labor representatives(s).

7. “Journey level” means that an individual has successfully completed a State approved Registered Apprenticeship program and has the necessary skills and knowledge of an occupation, or documented on-the-job work experience, that is recognized by any combination of a State registration agency or a Federal registration agency.

8. “Labor hours” refers to the total number of hours worked by all workers receiving an hourly wage who are directly employed at the site of a City Public Works project including hours performed by workers employed by the contractor and all subcontractors working on the project, but excluding hours worked by superintendents, owners and workers who are not subject to prevailing wage requirements.

1. “Market participation authority” means the city’s proprietary capacity to establish terms and conditions for public works contracts that serve legitimate governmental interests while maintaining competitive processes open to all qualified contractors.

10. “Model community workforce agreement” means a template agreement that would be anticipated to serve as a starting point for all construction projects required to utilize economic impact criteria under this chapter and sets forth terms and conditions for hiring requirements to include priority hire workers and similar policies, signed by the city and representatives of the NE Washington/N. Idaho Building & Construction Trades Council, and other labor organizations, as applicable.

11. “Open-shop contractor” means a construction employer that is not already signatory with an affiliate of the NE Washington/N Idaho Building & Construction Trades Council, or other, similar labor organization.

12. “Pre-apprentice graduate” means an individual who successfully completed a State recognized pre-apprenticeship program and is readily available to enter a registered apprenticeship program or has been accepted into a Washington State registered apprenticeship program, including individuals who are completing the first or second year of apprenticeship training.

13. “Pre-apprenticeship program” means an education-based apprenticeship preparation program that is formally recognized by the Washington State Apprenticeship and Training Council and endorsed by one or more registered      apprenticeship sponsors with a focus on educating and training students to meet or exceed minimum qualifications for entry into a registered apprenticeship program.

14. “Pre-construction meeting” means a meeting held between the City, builders, contractors, subcontractors, and other essential personnel prior to a construction project’s start date to go over important information, such as, but not limited to project timelines, permits, goals, establishing of authority, communication, responsibility clarification, schedules, cost estimates, quality control, key stakeholders, and job site safety.

15. “Pre-job meeting” means a meeting held between general contractor(s), relevant subcontractors, the NE Washington/N. Idaho Building & Construction Trades Council, and other labor organizations, as applicable where work assignments are discussed and made.

16. “Priority hire program” means the program created in this chapter to prioritize the recruitment and placement of qualified priority hire workers for training and employment in the construction trades on public works projects where the estimated cost to construct is over five ($5) million dollars.

17. “Priority hire worker” means an individual prioritized for recruitment, training, and employment opportunities because the individual meets any one or more of the following criteria:

1. a resident of an economically distressed area;

2. A graduate of a state recognized pre-apprenticeship program; or

3. An individual who demonstrates barriers to stable employment or training access, such as prior justice involvement, unstable housing history, limited workforce participation due to historical exclusion, or transition from military service.

18. “Public works” or “public works project”, for the purpose of this portion of code, refers to city construction projects with an estimated cost to construct of five million dollars ($5,000,000) or more, including all phases of multi-phase projects. Contracts for public works projects shall not be fragmented to avoid the requirements of this chapter.

19. “Registered apprenticeship program” means an apprenticeship program that is approved by the Washington State Apprenticeship and Training Council. Registered apprenticeship programs may include both union and non-union programs.

20. “Responsible bidder” means a contractor that meets all qualification requirements established under RCW 39.04.350, including technical competence, financial capability, workforce development capacity, and commitment to apprenticeship utilization goals.

 

Date Passed: Monday, August 25, 2025

Effective Date: Sunday, October 12, 2025

ORD C36723 Section 1