HomeMy WebLinkAbout2014-112-12/16/2014-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PLATTE RIVER POWER AUTHORITY AND OTHER LOCAL GOVERNMEN RESOLUTION 2014-112
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH PLATTE RIVER POWER AUTHORITY AND OTHER LOCAL GOVERNMENTS
AFFILIATED WITH PLATTE RIVER POWER AUTHORITY FOR NON-EMERGENCY
RESPONSES FOR UTILITY NETWORK ASSISTANCE
WHEREAS, the Platte River Power Authority ("PRPA") was formed by contract among
the Cities of Fort Collins, Longmont, and Loveland; and the Town of Estes Park to provide
electric generation and transmission services, pursuant to Colorado Revised Statutes (C.R.S.)
Section 29-1-204; and
WHEREAS, PRPA provides wholesale power generation for the founding municipalities,
who operate electric distribution systems providing retail utility services within their respective
municipal service areas; and
WHEREAS, independent of PRPA's formation, local communities, including several of
the PRPA founding municipalities, entered into mutual aid agreements for emergency aid and
non-emergency utility system support, including agreements executed in 1983 and 1999; and
WHEREAS, it is essential for neighboring communities to work together during non-
urgent periods to share and provide resources to facilitate operation of connected utility systems,
like electric distribution networks, that may affect life and property in the region; and
WHEREAS, in accordance with C.R.S. Section 29-1-203, governments may cooperate or
contract with one another to provide any function, service or facility lawfully authorized to each
of the cooperating or contracting units; and
i
WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to be
submitted to the City Council for review, unless they fit within one of the exceptions that permit
authorization by the City Manager; and
WHEREAS, in light of the comingling of terms for emergency and non-emergency aid in
current mutual aid agreements, and the need to renew assent among regional utility partners for
non-emergency cooperation, Utilities staff recommends the City Council authorize the Mayor to
enter into a new intergovernmental agreement to provide non-emergency mutual aid; and
WHEREAS, such an agreement will enable the City to share and provide its resources to
connected communities, which will in turn further the partnership between PRPA and its
founding members, and benefit City utility rate payers through more reliable and efficient
regional utility networks.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
_ 1 _
Section 1. That it is in the best interests of the City's utility ratepayers and the City
for the City to enter into a mutual aid agreement with Platte River Power Authority and its
founding municipalities to provide aid in response to requests for non-emergency utility network
assistance.
Section 2. That the Mayor is hereby authorized to enter into a mutual aid agreement
between the City, Platte River Power Authority, the Cities of Longmont and Loveland, and the
Town of Estes Park on terms and conditions consistent with this Resolution in substantially the
form attached hereto as Exhibit "A" and incorporated herein by 'this reference, with such
modifications or additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City or to
effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of December, A.D. 2014.
G\:Y OFpO� M yor
ATTEST:
n
t0
•r
q�j� /�� •r
City Clerk ��ri' • ,
R00•
- 2 -
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
FOR MUTUAL AID—POWER OPERATIONS
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered
into this day of , 2014, by and between THE TOWN OF ESTES
PARK, COLORADO, a municipal corporation, THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation, THE CITY OF LONGMONT, COLORADO, a municipal corporation,
and THE CITY OF LOVELAND, COLORADO, a municipal corporation (collectively, the
"Municipalities"), and PLATTE RIVER POWER AUTHORITY, a political subdivision of the
State of Colorado ("Platte River") (each a "Party," and collectively, the "Parties").
WITNESSETH:
WHEREAS, C.R.S. § 29-1-201 permits and encourages governments to make the most
efficient and effective use of their powers and responsibilities by cooperating and contracting
with other governments; and
WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate or contract with
one another to provide any function, service, or facility lawfully authorized to each; and
WHEREAS, the Municipalities own and maintain power distribution facilities whereby
they supply their respective customers with power and energy; and
WHEREAS, Platte River owns and maintains power generation and transmission
facilities for the benefit of the Municipalities, which are member owners of Platte River; and
WHEREAS, the Municipalities and Platte River desire to cooperate and contract with
one another to provide essential services during critical periods when a Party determines
additional resources are necessary to maintain the safe and efficient operation of power and
energy facilities and services, not to include disaster or emergency events; and
WHEREAS, neither the Municipalities nor Platte River desire for this Agreement to
interfere with or supersede the provision of mutual aid under any separate intergovernmental
agreement, as may be executed by or between any of the Parties and other regional entities.
NOW, THEREFORE, in consideration.of the mutual promises and commitments made
herein,the Parties agree as follows:
1. Definitions.
A. "Requesting Party" shall mean the Party requesting aid under this Agreement.
B. "Aiding Party" shall mean the Party responding to a request for aid under this
Agreement.
C. "Authorized Representative" shall mean the person responsible for managing a Party's
response and activities under this Agreement.
l
2. Provision of Mutual Aid. Subject to the limitations and conditions set forth in this
Agreement, the Parties agree to work cooperatively and collaboratively to provide mutual
aid, assistance, and support, in the form of personnel, equipment, vehicles, materials, and
supplies, in order to prevent, minimize, or mitigate the impacts of any event that threatens
public health, safety, or welfare.
3. Request for Aid. The Requesting Party shall make its request in writing to the Aiding
Party with reasonable specificity. The Requesting Party agrees to compensate the Aiding
Party as specified in this Agreement, or as may later be negotiated and agreed to by the
Parties.
4. Discretionary Rendering of Aid. Rendering of aid is entirely at the discretion of the
Aiding Party and shall not be contingent upon a declaration of a major disaster or
emergency by the federal government or upon receiving federal funds. The Aiding Party
shall determine, in its sole discretion, the level and amount of resources, including
equipment and personnel, to be devoted in response to any request for aid. Neither the
Aiding Party nor the Requesting Party shall in any way be liable to the other or to any
person, firm, or corporation for the determination to supply or not to supply, or to limit
the amount of aid supplied, upon such request following such determination.
5. Authorized Representatives. In connection with each request for aid, the Parties shall
designate an Authorized Representative to manage the Party's response and cooperative
activities hereunder.
6. Response to Request for Aid. The Aiding Party shall report to the Requesting Party's
Authorized Representative for assignment of duties. The Requesting Party's Authorized
Representative shall direct and coordinate all activities; provided, however, that the
Aiding Party's Authorized Representative shall remain in direct charge of all personnel
and resources assigned to him or her to assist in providing aid, and shall be responsible
for ensuring that appropriate staffing, training, and supervision have been provided to
those rendering assistance on behalf of the Aiding Party. The Aiding Party may refuse
to perform requested acts it deems inappropriate or that it is unable to perform under the
circumstances.
7. No Employment Relationship. Notwithstanding the provision of aid as set forth in this
Agreement, the personnel of the Aiding Party shall not be considered the employees or
agents of the Requesting Party.
8. Recall of Aid. The Aiding Party reserves the right to recall its personnel, equipment,
materials, supplies, and other resources at any time. The Aiding Party will endeavor to
give the Requesting Party at least twenty-four (24) hours advance notice of its intent to
withdraw. If such notice is not practicable, the Aiding Party will give the Requesting
Party the earliest notice it deems possible.
2
9. Additional Responsibilities.
A. Compliance with all Applicable Laws. The Parties shall each comply with all laws
and regulations applicable to its actions hereunder. Each Party must, upon request
by any other Party, make available on a reasonable basis such information as may be
required to ensure or show compliance with local, state, and federal laws, except as
otherwise prohibited by law or court order.
B. Safety Policies. The Requesting Party shall provide safety policies and procedures to
the Aiding Party, and the Aiding Party must abide by them in the course of providing
aid and assistance hereunder to the extent practicable.
C. Materials Management. The Requesting Party shall be responsible for the cleanup,
removal, and dispositionof any substances generated, managed, or requiring disposal
in the course of an event during which aid was provided to the Requesting Party.
D. Food and Shelter. The Requesting Party shall supply reasonable food and shelter for the
Aiding Party's personnel during the period of assistance. If the Requesting Party cannot
provide such food and shelter, the Aiding Party is authorized to secure the resources
necessary to meet the needs of its personnel. The cost for such resources must not
exceed the State per diem rates for that area. The Parties' Authorized Representatives
shall determine whether the Requesting Party is responsible for reimbursing the Aiding
_Party for all costs associated with providing food and shelter, if the Requesting Party
does not provide such resources. If the Parties cannot agree on the level of
reimbursement, they may agree to submit the matter to mediation at a mutually-agreed
upon location; provided, however, that nothing in this section shall restrict the right of
either Party to apply to a court of competent jurisdiction for a judicial resolution. The
Parties shall jointly select the mediator. If a mediator cannot be agreed upon, each Party
shall select a mediator and the two mediators so chosen shall select a third mediator.
Each Party shall pay its own expenses associated with the mediation, and each Party
shall pay one-half of the mediator's fees and costs.
E. Nondiscrimination. No person with responsibility for providing services under this
Agreement shall discriminate against persons being assisted or requesting assistance on
the basis of race, color, national origin, age, sex,religion, handicap, political affiliation or
beliefs, or any other unlawful basis. ,
F. Public Information. All public information regarding any mutual aid incident shall be
channeled through, or coordinated with, the Requesting Party's Authorized
Representative.
10. Invoice to the Requesting Party. Within ninety (90) days of the recall of aid by the
Aiding Party, the Aiding Party shall submit to the Requesting Party an invoice for all
charges related to the aid provided pursuant to this Agreement.
11. Charges to the Requesting Party. Charges to the Requesting Party from the Aiding Party
shall be as follows:
3
A. Labor force. Charges for labor force shall be in accordance with the Aiding Party's
standard pay practices.
B. Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other
special equipment used by the Aiding Party, shall be at the reasonable and customary
rates for such equipment in the Aiding Party's location.
C. Transportation. The Aiding Party shall transport needed personnel and equipment by
reasonable and customary means and shall charge reasonable and customary rates for
such transportation.
D. Miscellaneous Expenses. Charges for other expenses related to the provision of aid
pursuant to this Agreement, not otherwise addressed above, shall be the reasonable
and actual costs incurred by the Aiding Party.
12. Insurance. The Aiding Party shall maintain workers compensation coverage for its
employees, automobile liability coverage for its vehicles and equipment; and adequate
general liability, public official's liability, and law enforcement liability insurance, or self-
insurance coverage as applicable. The Requesting Party agrees to maintain adequate liability
insurance under State law.
13. No Liability. Each Party assumes responsibility for the actions and omissions of its
employees and agents in the performance or non-performance of its obligations under this
Agreement, and, to the extent permitted by law, agrees to hold harmless the other Parties for
the actions or omissions of its employees and agents. Nothing herein is intended as a waiver
by the Parties of the privileges and protections of the Colorado Governmental Immunity
Act, C.R.S § 24-10-101 etseg.
14. Modification. This Agreement may be updated,modified, revised, or renegotiated at any time
by written agreement signed by the Parties.
15. Notice. Whenever a notice is either required or permitted to be given under this Agreement, it
shall be given in writing and delivered personally,by U.S. Postal Service,certified mail,return
receipt requested, or by email to the other Party at the address indicated below or at such
other address as may be designated by the Party:
If to the Town of Estes Park: Office of the Town Administrator
Town of Estes Park
170 MacGregor Ave
P.O. Box 1200
Estes Park, CO 80517
4
If to the City of Fort Collins: Office of the City Manager
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
If to the City of Longmont: Longmont Power & Communications
Attn: General Manager, Tom Roiniotis
1100 S. Sherman St.
Longmont, CO 80501
If to the City of Loveland: Loveland Water & Power
Attn: Stephen C. Adams, Director
200 N. Wilson Avenue
Loveland, CO 80537
Steve.Adams@cityofloveland.org
If to Platte River Power Authority: General Manager/CEO
2000 East Horsetooth Rd.
Fort Collins, CO 80525
16. Governing Law. This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Colorado, without giving effect to its conflicts of law
provisions.
17. No Third Party Beneficiary. The terms and conditions of this Agreement, and all rights
of action relating thereto, are strictly reserved to the Parties, and nothing in this
Agreement shall give or allow any claim or right or cause of action whatsoever by any
other person not a party to this Agreement. Any person or entity other than the Parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
18. Severability. Should any portion of this Agreement be judicially determined to be illegal or
unenforceable, the remainder of the Agreement shall continue in full force and effect, and
the Parties will renegotiate any terms affected by the severance.
19. Appropriation Required. All obligations of each Party hereunder are expressly
contingent upon the annual appropriation of funds sufficient and intended to carry out the
same by the governing body of such Party, in its sole discretion. Nothing in this
Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation,
a pledge of a Party's credit, or a payment guarantee by one Party to another.
20. Counterparts. The Parties may execute this Mutual Aid Agreement in one or more
counterparts, with each counterpart being deemed an original Agreement, but with all
counterparts being considered one Agreement.
5
21. Execution. Each Party hereto has read, agreed to, and executed this Agreement on the
date first written above.
22. Prior and Other Mutual Aid Agreements. This Agreement expressly supersedes and
replaces the intergovernmental agreements for mutual aid executed by the Municipalities
on January 24, 1983 and August 18, 1999.
[Signatures appear on the following pages]
6
THE TOWN OF ESTES PARK, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
(Remaining signatures on the following pages.)
7
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
(Remaining signatures on the following pages.)
8
THE CITY OF LONGMONT, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM: Approved as to Form and Substance:
Assistant City Attorney Originating Department
Proofread:
(Remaining signatures on the following pages.)
9
THE CITY OF LOVELAND, COLORADO,
A Municipal Corporation
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
(Remaining signatures on the following page.)
10
PLATTE RIVER POWER AUTHORITY,
A Political Subdivision of the State of Colorado
By:
General Manager/CEO
APPROVED AS TO FORM:
General Counsel
11