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Home My WebLink About2013-021-03/19/2013-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, PLATTE RIVER POWER AUTHOR RESOLUTION 2013-021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, PLATTE RIVER POWER AUTHORITY, THE TOWN OF ESTES PARK, THE CITY OF LOVELAND AND THE CITY OF LONGMONT FOR PARTICIPATION IN A JOINT COMPENSATION STUDY WHEREAS,Platte River Power Authority("PRPA")was formed by contract among the City of Fort Collins, the Town of Estes Park, the City of Longmont, and the City of Loveland (the "Municipalities")to provide electric generation and transmission services and other related functions to benefit the Municipalities, pursuant to C.R.S. Section 29-1-204; and WHEREAS, the Municipalities operate electric distribution systems providing retail utility service to customers within their municipal boundaries and service territories; and WHEREAS, in order to attract and maintain employees with the unique skills necessary to manage and operate retail electric distribution systems,the Municipalities have a common need for reliable data reflecting the compensation levels offered by utilities with which the Municipalities compete for employees; and WHEREAS, some of the necessary compensation data is of common use to the Municipalities, but some of the information needed may be useful only to a subset of the Municipalities; and WHEREAS, there are economies of scale in conducting one comprehensive compensation study that addresses both the common needs and the unique needs of the Municipalities for compensation information; and WHEREAS,City staff and the other Municipalities believe that a compensation study of this nature and magnitude would best be performed by a third party with expertise in this type of research; and WHEREAS, PRPA is willing to coordinate the compensation study for the benefit of the Municipalities provided it is reimbursed the costs incurred in retaining a third party consultant to conduct the research; and WHEREAS,Article II,Section 16 ofthe City Charter ofthe City empowers the City Council, by ordinance or resolution, to enter into contracts with other governmental bodies to fumish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an Intergovernmental Agreement for the Funding and Coordinating of a Joint Compensation Study between PRPA and the Municipalities in substantially the form attached hereto as Exhibit"A", with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of March, A.D. 2013. Mayor y OFFog? ATTEST: v��;• ;lc •;O �UG,•ry ��g 4t 'c :Z City Clerk nn., <<jRA D O EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION OF A JOINT COMPENSATION STUDY This Agreement is made and entered on the day of 2013, 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. Platte River was formed by contrac\\ongg/th�Municipalitie suant to C.R.S. § 29-1-204 to provide electric generation and\transmission services and other . related functions of benefit to the Municipalities:\\ b. The Mlmicipali ties\opera te elecvc/distrib\'on\systems providing retail utility service\custo eis within their municipal boundaries and service territories. C. In order to attract,/and-m i tain\e\ l p yees with the unique skills necessary to manage and operate etail•electric distribution systems, the Municipalities have a Ccomm\en ed f eliable d\reflecting the compensation levels offered by utilities with whom the Municipalities compete for employees. d. Some of the n\elry comp nsation data is of common use to the Municipalities, buttso e of the information needed may be useful only to a subset of the Municipalities. e. There are economies of scale in conducting one comprehensive compensation study that addresses the common and unique needs of the Municipalities for compensation information. I. The Municipalities believe that a compensation study of this nature and magnitude would best be performed by a third party with expertise in this type ofresearch. Intergovernmental Agreement for the Funding and 01/30/2013 Coordination of a Joint Compensation Study Page 1 of 5 g. The results of a compensation study related to electric distribution utility systems has no relevance to Platte River, but Platte River is willing to coordinate the 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 per ance of a joint compensation f / \ \ study for the benefit of the-Municipalities. Coordination will include activities undertaken in,conjunction withithe\Municipalities, including but not limited to, dev IOP61 a mutually agreeable scope of work, bid solicitation and conk acting,with the consultant that\l,perform the joint compensation study. 2) The Municipalities agree to reimburse,Platte River for amounts paid to r � the consultant under ontra�1to\form tle joint compensation study, such amounts to be calculated pursuant to Exhibit A. Platte River will bill Leach of the,Municipalities separately, with payment due thirty (30) days � aft�rr ece pt)ofithe billing. 3) � Platte\River,w`ill-contract directly with the consultant chosen to complete \ < \th\jom compensation y. It is anticipated that Platte River will \ \ contract\\ith Strategic Staffing Placement LLC on a sole source basis. \\\\\ Under \t eI Plat e5River Fiscal Resolution, competitive bids are \unnecessary] in this instance if the General Manager determines that \Str tegic Staffing Placement LLC will provide a specialized service for which competitive bid process is not practicable or advantageous. Compensation of the consultant will be on an hourly basis plus expenses, capped at an amount not to exceed $50,000.00. If the contract cannot be completed for $50,000.00, Platte River will not be obligated to complete the study unless the Municipalities commit to provide sufficient additional funds through a modification of Exhibit A. Intergovernmental Agreement for the Funding and 01/30/2013 Coordination of a Joint Compensation Study Page 2 of 5 4) Platte River, after consultation with the Municipalities, may terminate the joint compensation study pursuant to the terms of its agreement with consultant. In the event that the joint compensation study is terminated prior to completion the Municipalities will be billed for the work completed, but in no event more than the amounts set forth in Exhibit A, and the Municipalities agree to pay the amounts billed. All work product and any intellectual property shall beyprovided to, and shall be the joint property of, the Municipalities. In'the,event of termination, Platte River will have no further obligations under this Agreement. 5) This.Agreement is the entire agreement between Platte River and the Municipalities concerning/the joint compensation study and shall be modified only by writt n\i stru en%approved byA\governing bodies of the Municipalities Platte Riveer. / 6) All of the Municipalities financial obligations under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds 'tbo ,discharge\those ybhgations. \Nothing in this Agreement nstitutes"\a `debt, a\irect/or indirect) multiple fiscal year financial obligation, or a pledge of,the�Municipaltties' credit. /'7) Platte;River agrees tb� anage, and require the consultant to carry out, the joint compensation tud� in accordance with all applicable legal \\\ requi\ments. IN WITNESS\WHEREOF,Ithe Parties have caused this Agreement, to be executed the day and year first above written. PLATTE RIVER POWER AUTHORITY ATTEST: By: By: General Manager Secretary TOWN OF ESTES PARK, COLORADO ATTEST: Intergovernmental Agreement for the Funding and 01/30/2013 Coordination of a Joint Compensation Study Page 3 of 5 By: By: Mayor Town Clerk CITY OF FORT COLLINS, COLORADO ATTEST: By: By: Mayor ` City Clerk APPROVED AS TO FORM: By: Deputy City Attorney CITY OF LOVELAND,COLORADO ATTEST: City'Manager V �� City Clerk Jv APPROVED"AS TO FORMi.� By: Assistant City Attorney CITY OF LONGMONT\ COLORADO ATTEST: _ By: By: Mayor City Clerk APPROVED AS TO FORM AND SUBSTANCE: Director of Longmont Power&Communications Intergovernmental Agreement for the Funding and 01/30/2013 Coordination of a Joint Compensation Study Page 4 of 5 APPROVED AS TO FORM: Assistant City Attorney PROOFREAD: Intergovernmental Agreement for the Funding and O1/30/2013 Coordination of a Joint Compensation Study Page 5 of 5 EXHIBIT A The actual costs of retaining an independent consultant to perform the 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 2012. The total of actual costs will not exceed $50,000.00 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 Joint Compensation Study being$50,000. PLATTE RIVER POWER AUTHORITY 2013 Compensation Study Allocation Shared with Municipalities Costs Based on $50,000 Estimate (Costs Share 1/2 Equally and 1/2 Based on 2012 MWh Sales) %OF TOTAL 1/2 ALLOCATED 1/2 ALLOCATED 2012 ENERGY MUNICIPAL BASED ON 2012 TOTAL EQUALLY SALES IMWHI SALES SALES Allocation ESTES PARK $ 6,250 126,889 3.975% $ 994 $ 7,244 FORT COLLINS 6,250 1,508,735 47.263% 11,816 18,066 LONGMONT 6,250 813,675 25.489% 6,372 12,622 LOVELAND 6,250 742,919 23.273% 5,818 12,068 TOTAL $ 25,000 3,192,218 100.000% $ 25,000 $ 50,000