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HomeMy WebLinkAboutIGA First Amendment Platte River Power Authority Joint Compensation StudyFIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION OF A JOINT COMPENSATION STUDY This First Amendment to the Intergovernmental Agreement for the Funding a’J Coordination of a Joint Compensation Study ("Amendment") is made and entered on the’)6~ay of O\{).Y\Y’)Ie...2017, 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, to combine resources for the preparation of a joint compensation study ("2013 IGA"). c. The parties desire to amend the 2013 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 coordinate the updated compensation study for the benefit of the Municipalities provided it is reimbursed for the costs incurred in retaining a third party consultant to conduct the research. AGREEMENT 1) Platte River agrees 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 amounts paid to the consultant under 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 2013 IGA. Platte River will bill each of the Municipalities separately, with payment due thirty (30) days after receipt of the billing. First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 1 of 5 08/08/2017 3) Unless specifically amended by this Amendment, all terms and conditions of the 2013 IGA shall remain the same. 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. By:~ ATTEST: BY~ML Assistant Secretary PLATTE RIVER POWER AUTHORITY APPROVED AS TO FORM: By: \:,:s..’~~.........--- Deputy General Counsel By: .. ATTEST: B~~ ’AJ.. QQ" ..".......--.. Town Clerk TOWN OF PARK, COLORADO CITY OF FORT COLLINS, COLORADO ATTEST: By:By: City Manager City Clerk APPROVED AS TO FORM: By: Deputy City Attorney CITY OF LOVELAND, COLORADO ATTEST: First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 2 of 5 08/08/2017 )ocuSign Envelope 10: 814FE007 -21 OB-4A25-B161-81DE381Ot- t-5 3) Unless specifically amended by this Amendment, all terms and conditions of the 2013 IGA shall remain the same. 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. PLAnE RIVER POWER AUTHORITY ATIEST: By:By: General Manager/CEO Assistant Secretary APPROVED AS TO FORM: By: Deputy General Counsel TOWN OF ESTES PARK, COLORADO ATIEST: By:By: Mayor Town Clerk CITY OF FORT COLLINS, COLORADO ~OCUSigned by: By VoYtlA, OHtJ,tm-t 3~.B~&errYJ City Manager ATIEST: Eocusigned by: :~~~ ~~ffl’tronJ City Clerk APPROVED AS TO FORM: ~OCUSlgned by: By ~A6-~L P~~~~arJ Assistant City Attorney First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 2 of 5 08/08/2017 CITY OF LOVELAND, COLORADO ATIEST: ty BY:~~ City Manager \ \ \ \ \ 1111//IRy ,\\\~ LOVE~ ~ // ,,’- 0 ........... .1’0 //", ,’~ ", /...... ::: r::: . ~ - u.’ . - ~ (S ~L) ~ - . . / ’ / ’ "’//////1 ~OL ~~~~’’-’’-:- 111/11111\\\\\ APPROVED AS TO FORM: BYJ~~ Assi nt City Attorney CITY OF LONG MONT, COLORADO ATIEST: By:By: Mayor City Clerk APPROVED AS TO FORM AND SUBSTANCE: Director of Longmont Power & Communications APPROVED AS TO FORM: By: Deputy City Attorney PROOFREAD: First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 3 of 5 08/08/2017 CITY OF LOVELAND, COLORADO By: City Manager APPROVED AS TO FORM: By: Assistant City Attorney CITY OF LONGMONT, COLORADO BY:Lut-~ , Mayor APPROVED AS TO FORM AND SUBSTANCE: --/’:/~/ ~ / /L’l."~’ ~ or of Longmont Power & Communications APPROVED AS TO FORM: ,,’ --’, /Y /1’1 ’’---i-’:- "~(I /’~/ By: //;/ <’ /! ( 6e,p (’{.clty ttorney PROOFREAD: oot5b ~~bm ATTEST: By: City Clerk ATTEST: First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 3 of 5 08/08/2017 EXHIBIT A The actual costs of retaining an independent consultant to perform the updated Joint Compensation Study will be split between the Municipalities according to the following formula: 1} one half of the actual costs will be split evenly between the Municipalities; and 2} one half of the actual costs will be apportioned between the Municipalities in proportion to energy sales from Platte River to each Municipality during 2016. The total of actual costs will not exceed $30,000.00 absent written modification of this Exhibit A Attached is an example of the cost responsibility for all of the Municipalities based on the actual costs of the updated Joint Compensation Study being $30,000.00. First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 4 of 5 08/08/2017 PLAnE RIVER POWER AUTHORITY 2017 Compensation Study Allocation Shared with Municipalities Costs Based on $30,000 Estimate (Costs Share 1/2 Equally and 1/2 Based on 2016 MWh Sales) Municipality 25% of first 2016 Energy Percent of 2016 Share of Municipality $15,000 Sales (kWh)Energy Sales second $15,000 Share Estes Park $3750 131,274,412 4%$600 $4,350 Fort Collins $3750 1,541,509,232 48%$7200 $10,950 Longmont $3750 812,037,045 25%$3750 $7,500 Loveland $3750 731,650,169 23%$3450 $7,200 Total $15,000 3,216,470,858 1 $15,000 $30,000 First Amendment to Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Page 5 of 5 08/08/2017