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HomeMy WebLinkAbout2010-049-08/17/2010-AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT FURTHER EXTENDING THE TERM OF AN INTERGOVERNMENTAL A RESOLUTION 2010-049 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT FURTHER EXTENDING THE TERM OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CITY OF LONGMONT, AND PLATTE RIVER POWER AUTHORITY RELATING TO THE OPERATION OF A JOINT CUSTOMER INFORMATION SYSTEM WHEREAS, on August 26, 1988,the City of Fort Collins,the City of Longmont, and Platte River Power Authority ("Platte River") entered into an intergovernmental agreement (the "Agreement") for the purpose of acquiring and operating a joint customer information system at Platte River facilities; and WHEREAS, the Agreement initially had a ten-year term that was scheduled to expire on August 26, 2008; and WHEREAS, in August 2008, the parties amended the Agreement to extend its term for an additional two year period; and r WHEREAS,the parties are in the process of negotiating further substantive amendments and wish to amend the Agreement to further extend its term for an additional one year period; and WHEREAS,in order to set forth the provisions of the amendment allowing for an additional two-year term, the parties propose entering into a "Second Amendment to Customer Information System Intergovernmental Agreement Between the City of Fort Collins, the City of Longmont, and Platte River Power Authority,"as shown on Exhibit"A"attached hereto and incorporated herein by this reference (the "Second Amendment"). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into the Second Amendment on terms and conditions consistent with the terms of this Resolution, along with such additional terms and conditions as the Mayor, in consultation with the City Attorney, deems necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting oAMayor 4theCity of Fort Colli s this 17th day of August A.D. 2010. , ATTEST: =City_Clerk EXHIBIT A Second Amendment to Customer Information System Intergovernmental Agreement Between the City of Fort Collins, the City of Longmont, and Platte River Power Authority THIS AMENDMENT ("Amendment") is made and entered into this day of 2010, by and between the City of Fort Collins, Colorado, a home rule municipality ("Fort Collins"), the City of Longmont, Colorado, a home rule municipality ("Longmont"), and Platte River Power Authority, a public corporation and political subdivision of the State of Colorado ("Platte River"). WHEREAS, the parties hereto entered into a Customer Information System Intergovernmental Agreement dated August 26, 1998 (the "Agreement");and WHEREAS, the Agreement had a ten (10) year term which was set to expire on August 26, 2008; and WHEREAS, the parties amended the Agreement to extend its term for an additional two (2) year period during which time further amendments have been considered by the parties; and WHEREAS, the parties wish to amend the Agreement to extend its term for an additional one (1) year during which time the parties intend to finalize further amendments. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: (1) The Term paragraph on page one (1) of the Agreement is amended to read as follows: Term J The term of this Agreement shall be from August 26, 1998 through August 26, 2011. (2) Except as modified herein, all terms and conditions of the Agreement shall remain in full force and effect according to the provisions thereof. Customer Information System IGA Second Amendment Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY OF FORT COLLINS ATTEST: By: By: Mayor Date City Clerk APPROVED AS TO FORM: By: Assistant City Attorney CITY OF LONGMONT ATTEST: By: By: Mayor Date City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: By: Assistant City Attorney Finance Director By: Proofread Date PLATTE RIVER POWER AUTHORITY APPROVED AS TO FORM: By: By: General Manager Associate General Counsel Customer Information System IGA Second Amendment Page 2 of 2