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RES 89-35 TEAM WINSLOWRESOLUTION NO. 89~35 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, PROVIDING FOR APPNDVAL OF AN AGR~qT WITH TEAM WINSIf~ AND PROVIDING FOR PROCEDURES FOR THE 'PURCHASES USING PUBLIC FUNDS PURSUANT TO WINSLOW MUNICIPAL. CODE- SECTION 3.72.030 ...... WHEREAS, the Winslow City Council has determined that approval of an agreement with Team Winslow for the expenditure of $13,000, is in the public' interest, and WHEREAS, public purchasing pursuant to WMC 3.72.'030, may be authorized by resolution, NGW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CIT~ OF WINSLGW, WASHINGTON, DO HEREBY RESOLVE AS FOLI/DWS: Section 1. ~he agreement with Team Winslow attached hereto is hereby approved and the Mayor is authorized to execute same. Section 2. The purchasing procedures which shall govern the $13,000, of public funds contemplated to be spent under such agreement are set forth in ~4C 3.72.030. Telephone bids shall be obtained as provided for in Sub- section 13, thereof, and this resolution authorizes same without further action by the city. RESOLVED this 3th day of AuguSt , 1989. AT,TCE B.. TAWRESEY, Mayor RrfEST/A~ICATE: APPROVED AS TO FORM: , ROBERT O. CONOLEY, City kttorney ~ F~,m WITH CITY ~I,RRK: July 27, 1989 PASS~]D BY CITY COUNCIL: August 3, 1989 RESOLUTION NO. 89-35 7/27/89 CITY OF WINSLOW AN AGREEMENT by and between the parties, the City of Winslow (hereafter City) and Team Winslow on this, the ~-~ day of ~{~ ~, 1989, in consideration of the exchange of money, mutul~covenants, and the promises herein, receipt of which is herein acknowledged: WITNESSETH: 1. The City shall allocate public funds in the total sum of $13,000, to the sidewalk project during the City's fiscal year 1989, for the purposes set forth herein: a. The city shall complete the purchase of materials for use in the sidewalk project. b. Any remaining funds shall be allocated as recommended by the steering committee. 2. The public purposes of this contract are to provide for the expenses for the public improvements project commonly known as the Townsquare and landscaping project on Winslow Way within the Winslow city limits on the public rights-of-way and streets. RCW 35.21.278 permits such expenditures. 3. Recommendations as to decision making under this contract shall be made by a steering committee consisting of the Mayor of Winslow, two representatives of the city, and two representatives of Team Winslow, as follows: a. All decisions shall be made by Team Winslow except as stated below; The steering committee shall have authority over all significant contract matters, such as planning, allocation of funds, design, selection of a contractor, and project timing. Public funds' use shall be the final decision of the City as indicated herein.- State prevailing wage laws shall apply to this entire project, since under state interpretations the project qualifies as a public works pursuant to RCW 39.04,010 and 39.12, because it will be owned by the City upon completion. Use of any public funds over $25,000 for purchases under this project shall require only for the public funds portions, that the 1) single vendor resolution shall apply, or 2) telephone or written quotations be obtained from enough vendors to assure establishment of a competitive price to award to the lowest responsible bidder. Such quotations shall be recorded and open to public inspection or telephone inquiry. -1- 5. All improvements shall become the sole property of the City during and upon completion of the sidewalk project. 6. This contract may be terminated at any time by either party providing the other with thirty days written notice. Time is of the essence. If unencumbered, public funds shall be refunded. 7. All contractors shall be required to carry liability insurance naming both Team Winslow and the City of Winslow as additional insureds, in an amount of not less than $300,000. 8. If any proprety damage to City owned streets, sidewalks or equipment occurs during the construction, the City agrees to limit any recovery therefore to recovery against the contractor(s) causing such damage and not to present any claim against Team Winslow. 9. This document contains the entire agreement between the parties. This agreement may not be altered except in writing signed by the parties. 10. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. Otherwise, no assignment of its rights or obligations shall be permitted without the prior written consent of the other party. In witness whereof, the parties have executed this agreement on the day and year first above written. For Team Winslow: For The City of Winslow -2-