HomeMy WebLinkAboutIGA Second Amendment Platte River Power Authority Joint Compensation StudyPage 1 of 5
SECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
FOR THE FUNDING AND COORDINATION OF A
JOINT COMPENSATION STUDY
This Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a
Joint Compensation Study (“Amendment”) is made and entered on the _______ day of _____________,
2020, by and between Platte River Power Authority, a Colorado political subdivision (“Platte River”), the
Town of Estes Park (“Estes Park”), the City of Fort Collins, a Colorado municipal corporation (“Fort
Collins”), the City of Longmont, a Colorado municipal corporation (“Longmont”, and the City of
Loveland, a Colorado municipal corporation (“Loveland”). The listed municipalities may be referred to
collectively as “Municipalities”.
RECITALS
a. In order to attract and maintain employees with the unique skills necessary to manage and
operate retail electric distribution systems, the Municipalities previously recognized a
common need for reliable data reflecting the compensation levels offered by utilities with
whom the Municipalities compete for employees.
b. The parties entered into an Intergovernmental Agreement for the Funding and Coordination
of a Joint Compensation Study, dated April 11, 2013, and amended on November 20, 2017,
to combine resources for the preparation of a joint compensation study (“IGA”).
c. The parties desire to amend the IGA to combine resources for the preparation of an
updated joint compensation study.
d. The results of an updated compensation study related to electric distribution utility systems
has no relevance to Platte River, but Platte River is willing to pay for one half the total cost
of the updated compensation study and to coordinate the performance of the updated
compensation study for the benefit of the Municipalities provided it is reimbursed for the
remaining balance of costs incurred in retaining a third-party consultant to conduct the
research.
AGREEMENT
1) Platte River agrees to pay for one half of the total cost of the updated compensation study and to
coordinate the performance of an updated joint compensation study for the benefit of the
Municipalities. Coordination will include activities undertaken in conjunction with the
Municipalities, including but not limited to, developing a mutually agreeable scope of work and
contracting with the consultant that will perform the joint compensation study update.
2) The Municipalities agree to reimburse Platte River for the remaining balance of amounts paid to the
consultant under the contract to perform the joint compensation study update, such amounts to be
calculated pursuant to EXHIBIT A, attached hereto, and replacing EXHIBIT A attached to the IGA.
Platte River will bill each of the Municipalities separately, with payment due twenty (20) days after
receipt of the billing.
3) Unless specifically amended by this Amendment, all terms and conditions of the IGA shall remain
the same.
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8/5/2020
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4) This Amendment may be executed in counterparts, each of which shall be deemed to be an original
and all of which together shall constitute one original agreement.
5) If any term or provision of this Amendment shall be adjudicated to be invalid, illegal or
unenforceable, this Amendment shall be deemed amended to delete therefrom the term or
provision thus adjudicated to be invalid, illegal or unenforceable and the validity of the other terms
and provisions of this Amendment shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year set forth
above.
PLATTE RIVER POWER AUTHORITY ATTEST:
By: ________________________ By: ________________________
General Manager/CEO Secretary
APPROVED AS TO FORM:
By: ________________________
Deputy General Counsel
TOWN OF ESTES PARK, COLORADO ATTEST:
By: ________________________ By: _______________________
Mayor TownClerk
THE CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
ATTEST:
By: _____________________________________ ______________________________
Darin A. Atteberry, City Manager City Clerk’s Office
Printed Name: __________________
Title: __________________________
APPROVED AS TO FORM:
Cyril Vidergar, Assistant City Attorney II
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4)This Amendment may be executed in counterparts,each of which shall be deemed to be an original
and all of which together shall constitute one original agreement.
5)If any term or provision of this Amendment shall be adjudicated to be invalid,illegal or
unenforceable,this Amendment shall be deemed amended to delete therefrom the term or
provision thus adjudicated to be invalid,illegal or unenforceable and the validity of the other terms
and provisions of this Amendment shall be not affected thereby.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment the day and year set forth
above.
PLATTE RIVER POWER AUTHORITY
By:
General Manager/CEO
APPROVED AS TO FORM:
By:
Deputy General Counsel
TOWN OF ESTES PARK,COLORADO
By:
Mayor/Z 7
By:
City Manager
APPROVED AS TO FORM:
By:
ATTEST:
By:
Secretary
City Clerk
CITY OF FORT COLLINS,COLORADO
ATTEST:
ATTEST:
By:
Deputy City Attorney
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CITY OF LOVELAND, COLORADO ATTEST:
By: ________________________ By: _______________________
City Manager Assistant City Clerk
APPROVED AS TO FORM:
By: ________________________
Assistant City Attorney
CITY OF LONGMONT, COLORADO ATTEST:
By: ________________________ By: _______________________
Mayor City Clerk
APPROVED AS TO FORM AND SUBSTANCE:
By: ________________________
Director of Longmont
Power & Communications
APPROVED AS TO FORM:
By: ________________________
Assistant City Attorney
PROOFREAD:
By: ________________________
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DocuSign Envelope ID: C7DBEE4D-63A5-481D-99BA-8350B69F55F9
DocuSign Envelope ID: C7DBEE4D-63A5-481D-99BA-8350B69F55F9
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EXHIBIT A
The actual costs of retaining an independent consultant to perform the updated Joint Compensation
Study will be split among Platte River and the Municipalities according to the following formula: 1) one
half of the actual costs will be paid by Platte River; and 2) one half of the actual costs will be apportioned
among the Municipalities in proportion to equity share of energy sales from Platte River to each
Municipality during 2018. The total of actual costs will not exceed $42,000.00 absent written
modification of this EXHIBIT A.
Attached is an example of the cost responsibility for Platte River and the Municipalities based on the
actual costs of the updated Joint Compensation Study being $42,000.00
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PLATTE RIVER POWER AUTHORITY
2020 Compensation Study Allocation Shared with Municipalities
Costs Based on $42,000 Estimate
Costs Share ½ Platte River and ½ Municipalities Based on Equity Share of 2018 MWh Sales)
Party
Share of
First
21,000
2018 Energy
Sales (MWh)
Equity Share
of 2018
Energy Sales
Share of
second
21,000
Party
Share
Platte River $21,000.00 - - $0.00 $21,000.00
Estes Park $0.00 132,722,351 4.28% $898.80 $898.80
Fort Collins $0.00 1,545,583,315 48.06% $10,092.60 $10,092.60
Longmont $0.00 807,217,867 26.10% $5,481.00 $5,481.00
Loveland $0.00 743,016,235 21.56% $4,527.60 $4,527.60
Total $21,000 3,228,539,768 100% $21,000 $42,000
DocuSign Envelope ID: C7DBEE4D-63A5-481D-99BA-8350B69F55F9