04-41 - 06-01- Addendum to Joint Powers with Perpich Center Resolution 04-41 June 1, 2004
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION APPROVING ADDENDUM TO THE JOINT POWERS AGREEMENT
WITH THE PERPICH CENTER FOR ARTS EDUCATION
FOR THE CONSTRUCTION OF A STORM WATER POND
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows:
WHEREAS, the City of Golden Valley, Minnesota, enter into the Addendum to the
Joint Powers Agreement (JPA) with the Perpich Center for Arts Education; and
WHEREAS, the PCAE and the City wish to amend certain provisions of the JPA
related to encumbrance of funds and payment of invoices.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden
Valley that:
1. That Clause II.A.2 is amended as follows: City shall promptly reimburse
PCAE 73% of the amount of each paid invoice submitted by PCAE to the
City.
2. That Clause II.6.2 is amended as follows: PCAE shall pay 27% of the costs
of design and construction. Immediately after completion of the bidding
process and selection of the construction contractor, PCAE shall encumber
100% of the design and construction costs and provide evidence of this to the
City.
3. That Clause II.6.3 is amended as follows: PCAE shall pay the total amount
of each invoice submitted under contract(s) entered into to implement the
JPA. PCAE will then submit a copy of each paid invoice to the City for
reimbursement. PCAE will decrease its encumbrance by the amount of the
reimbursement received from the City for each paid invoice.
4. That except as amended herein, all other terms and conditions of the JPA
remain unchanged.
5. That this Addendum is effective upon the latest date of execution by the
parties listed below.
6. That the Mayor and the City Manager are authorized to execute the
Addendum and any amendments to the Addendum.
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
Resolution 04-41 - Continued June 1, 2004
The motion for the adoption of the foregoing resolution was seconded by Member Grayson
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.