Spokane Municipal Code

Title 18 Human Rights

Chapter 18.09 Nuclear Weapons Free Zone

Section 18.09.050 Eligibility for City Contracts

1. The City and its officials, employees or agents shall not knowingly or intentionally grant any award, contract, or purchase order, directly or indirectly, to any nuclear weapons producer.

2. The City and its officials, employees or agents shall not knowingly or intentionally grant any award, contract or purchase order, directly or indirectly, to purchase or lease products produced by a nuclear weapons producer.

3. The recipient of a City contract, award or purchase order shall certify to the City Clerk by a notarized statement that it is not knowingly or intentionally a nuclear weapons producer.

4. The City shall phase out the use of any products of a nuclear weapons producer which it owns or possesses. Insofar as nonnuclear alternatives are not available, for the purpose of maintaining a product during its normal useful life and for the purpose of purchasing or leasing replacement parts, supplies and services for such products, subsections (A) and (B) of this section shall not apply.

5. The City shall identify a source annually that maintains a list of nuclear weapons producers to guide the City, its officials, employees and agents in the implementation of subsections (A) through (C) of this section. The list shall not preclude application or enforcement of these provisions to or against any other nuclear weapons producer.

6. Waivers.

1. 1. The provisions of subsections (A) and (B) of this section may be waived by resolution passed by a majority vote of the City Council; provided that:

1. 1. 1. After a diligent good-faith search, it is determined that a necessary good or service cannot reasonably be obtained from any source other than a nuclear weapons producer;

1. 1. 2. A resolution to consider a waiver be on file with the City Clerk under the normal timing as laid out in Council’s Rules and shall not be added by a suspension of those Rules.

1. 2. The reasonableness of an alternative source shall be determined upon the consideration of the following factors:

1. 1. 1. The intent and purpose of this chapter;

1. 1. 2. Documented evidence establishing that the necessary good or service is vital to the health or safety of the residents or employees of the City, with the understanding that the absence of such evidence shall diminish the necessity for waiver;

1. 1. 3. The recommendations of the Mayor and/or City Administrator;

1. 1. 4. The availability of goods or services from a non-nuclear-weapons producer reasonably meeting the specification or requirements of the necessary good or service;

1. 1. 5. Quantifiable substantial additional costs that would result from the use of a good or service of a non-nuclear-weapons producer; provided, that this factor shall not become the sole consideration.

Date Passed: Monday, November 7, 2022

Effective Date: Wednesday, December 21, 2022

ORD C36299 Section 1