HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2022 - RESOLUTION 2022-057 APPROVING AN INTERGOVERNMENTAL Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY May 17, 2022
City Council
STAFF
Theresa Connor, Utilities Deputy Director
Gretchen Stanford, Deputy Director, Customer Connections
Lance Smith, Utilities Strategic Finance Director
Cyril Vidergar, Legal
SUBJECT
Resolution 2022-057 Approving an Intergovernmental Agreement for Technical Support Services Between the
City of Fort Collins and Platte River Power Authority.
EXECUTIVE SUMMARY
The purpose of this item is for approval of an Intergovernmental Agreement (IGA) with Platte River Power
Authority (Platte River) for technical support services to replace the long -standing expiring three-party
agreement between the City, Platte River, and Longmont for utility customer information system (CIS) support.
This new IGA defines the revised expectations related to the services Platte River will provide strictly to the
City of Fort Collins in support of its Hansen/Banner CIS.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The expiring CIS Intergovernmental Agreement (original IGA) has been in place since 1998 and the latest
amendment to the original IGA ends in July 2022. To meet interim technical service needs to maintain
operation of the current CIS, a new IGA is proposed for Fort Collins and Platte River to serve until a new CIS
can be implemented, at which point the new IGA will no longer be needed (roughly 2025 or 2026).
This proposed IGA allows a glide path away from Platte River services, providing stability an d predictability for
all three organizations (Fort Collins Utilities, Platte River, and City of Longmont). The IGA establishes a
framework and general terms and conditions for continued technical support services, which are staged as
project work order-based and can be renewed annually as needed.
CITY FINANCIAL IMPACTS
These costs are part of the Utility’s current and ongoing annual budget, and there are no increased
incremental costs anticipated under the new IGA.
BOARD / COMMISSION RECOMMENDATION
During regular meeting in March and April, the Energy Board and the Water Commission reviewed and
recommended approval of this new Intergovernmental Agreement with Platte River for technical support
services. (Attachments 1 and 2)
Agenda Item 10
Item # 10 Page 2
ATTACHMENTS
1. Energy Board Minutes (excerpt) (PDF)
2. Water Commission Minutes (excerpt) (PDF)
3. Powerpoint Presentation (PDF)
ENERGY BOARD
April 14, 2022 – 5:30 pm
222 Laporte Ave – Colorado Room
DRAFT – ABRIDGED FOR INTERGOVERNMENTAL AGREEMENT FOR PRPA TECHNICAL SUPPORT SERVICES
ROLL CALL
Board Members Present: Bill Becker, Alan Braslau, Steve Tenbrink, Jeremy Giovando, Dan Gould,
Sidra Aghabibian, John Fassler, Councilmember Canonico
Board Members Absent: Marge Moore, Emilio Ramirez
OTHERS PRESENT
Staff Members Present: Christie Fredrickson, Adam Bromley, John Phelan (remote), Kraig Bader,
Megan DeMasters (remote), Carolyn Conant (remote), Selina Lujan (remote), Theresa Connor (remote),
Poorva Bedge, Doug Burkes, Cyril Vidergar, Lance Smith
Members of the Public: Rich Stave
INTERGOVERNMENTAL AGREEMENT FOR PRPA TECHNICAL
SUPPORT SERVICES
Theresa Connor, Deputy Director, Utilities Water & Engineering
(Attachments available upon request)
Platte River Power Authority (PRPA) provides technical services for the customer information system
(CIS) for the cities of Longmont and Fort Collins. PRPA technical services include providing infrastructure,
system administration, and database support for CIS.
The Intergovernmental Agreement (IGA) has been in place since 1998 and the current amended
agreement ends in July 2022. To meet interim technical service needs for the current CIS, a new IGA is
in progress for Fort Collins and Platte River to be used until a new CIS can be implemented and at that
point the IGA will no longer be needed (roughly 2025 or 2026).
This IGA allows a glide path away from Platte River services, providing stability and predictability for all
three organizations. The IGA establishes a framework and general terms and conditions for continued
technical support services, which are project order-based and can be renewed annually as needed.
These costs are part of the Utility’s annual budget, so there are no increased incremental costs.
Board member Braslau wondered if anything in the agreement changes or does this new version bring it
up to date for the current situation. Ms. Connor said it brings it up to date and allows the off ramp to be
more predictable for all three organizations.
Board member Braslau moved to recommend approval of a new Intergovernmental Agreement
(IGA) with Platte River Power Authority for technical support services .
Board member Becker seconded the motion.
Discussion:
None.
Vote on the motion: It passed unanimously, 6-0
ATTACHMENT 1
Excerpt from Unapproved DRAFT MINUTES WATER COMMISSION
REGULAR MEETING
April 21, 2022 5:30 p.m. – 7:30 p.m.
Hybrid in person at 222 LaPorte Ave and online via Zoom
0 4/2 /2022 – Excerpt from Unapproved DRAFT MINUTES Page 1
Intergovernmental Agreement for Platte River Power Authority Technical Support
Services
Customer Support Senior Manager Lori Clements presented on the revised
Intergovernmental Agreement (IGA) for Platte River Power Authority Technical Support
Services. Platte River provides the technical support for the Customer Information
System (CIS) for Fort Collins and Longmont.
Discussion Highlights
A Commissioner inquired if there are any perceived downsides in approving the
agreement, to which Ms. Clements responded that she saw no significant downside, as
the agreement can be renewed until the City obtains a new CIS. The reason for Platte
River’s involvement is because the billing system was shared between the two cities,
and so it made sense to leverage the technical services from Platte River. A
Commissioner inquired about the expected implementation of a new CIS, to which Ms.
Clements responded that the request for proposal (RFP) is expected to be issued later
this year and implementation would occur early next year for a roll out period of typically
2 years, until which the current CIS will need continued support through the IGA.
Commissioner Primsky moved that the Water Commission recommend City Council
approve of a new Intergovernmental Agreement (IGA) with Platte River Power Authority
for technical support services.
Commissioner Herman seconded the motion.
Vote on the Motion: it passed unanimously, 7-0
ATTACHMENT 2
Intergovernmental Agreement for Platte River Power Authority
Te chnical Support Services
Theresa Connor
ATTACHMENT 3
2Background
Infrastructure System
Administration
Database
Support
Te chnical Services for Customer
Information System (CIS)
3Timeline
1998
New CISOriginal IGA
Formed
TBD
July
2022
Current IGA
Ends
4New IGA and Next Steps
•New IGA establishes framework and general
terms and conditions for continued technical
support services.
•Project order-based
•Can be renewed annually, as needed
•Costs are part of annual budget and no
increased incremental costs.
-1-
RESOLUTION 2022-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR TECHNICAL SUPPORT SERVICES BETWEEN THE
CITY OF FORT COLLINS AND PLATTE RIVER POWER AUTHORITY
WHEREAS, the City of Fort Collins (hereinafter referred to as “the City”) currently owns
and operates an electric utility that acquires and distributes electricity to utility customers
(hereinafter referred to as “the Electric Utility”); and
WHEREAS, the City is one of four member communities that entered into an
intergovernmental agreement, pursuant to Colorado Revised Statutes (C.R.S.) Section 29-1-204,
with the cities of Longmont and Loveland, and the Town of Estes Park to form the Platte River
Power Authority (“Platte River”) to provide electric generation and transmission services to the
member communities (the “Organic Contract”); and
WHEREAS, beginning in 1998, Fort Collins and Longmont engaged Platte River through
an intergovernmental agreement (the “original IGA”) to operate a shared utility customer
information and billing system (CIS) hosted at Platte River facilities; and
WHEREAS, Fort Collins and Longmont have developed different CIS technical service
needs since 1998, resulting in multiple amendments to the original IGA since that time, and the
recent need for each city finally to migrate to independent CIS configurations; and
WHEREAS, to facilitate the respective system migrations and service needs of Fort
Collins and Longmont in transitioning to separate CIS configurations, the parties negotiat ed and
drafted separate bilateral “technical services agreements” with Platte River, intended to replace
the three-party model of the original IGA; and
WHEREAS, the City and Platte River now desire to enter into the attached
Intergovernmental Agreement for Technical Support Services for Customer Information System
(CIS) (the “CIS IGA”) upon expiration of the original IGA, to facilitate a work -order service
model of accessing full-time staff with engineering and other types of technical expertise to
support utility billing and service delivery for the Electric Utility; and
WHEREAS, Platte River is authorized under the Organic Contract, as amended, to offer
technical services incidental to or supportive of the City’s Electric Utility operations; 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
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
-2-
WHEREAS, under City Code Section 1-22, 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 consideration of the foregoing benefits accruing to the City and its
Electric Utility, Utilities staff and the Interim City Manager recommends City Council approve
the attached IGA between Platte River and the City, in substantially the form set forth in Exhibit
“A” attached hereto; and
WHEREAS, such an agreement will enable the City to leverage shared resources as a
founding member of Platte River and benefit City utility rate payers by maintaining cost-
effective and efficient regional utility customer support and billing services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That it is in the best interests of the City’s utility ratepayers and customers
to enter into the attached Intergovernmental Agreement for Technical Support Services
Customer Information System (CIS).
Section 3. That the Mayor is hereby authorized to enter into the Intergovernmental
Agreement in substantially the form attached hereto as Exhibit “A”, with such modifications in
form or substance as the Interim City Manager, in consultation with the City Attorney,
determines to be 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
17th day of May, A.D. 2022.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
1
INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SUPPORT SERVICES
Customer Information System (CIS)
This Intergovernmental Agreement for Technical Support Services (“Agreement”)
is made (the “Effective Date”) by and between the City of Fort
Collins, a Colorado municipal corporation (“Fort Collins”) and Platte River Power Authority, a
political subdivision of the state of Colorado (“Platte River”). Fort Collins and Platte River may
be referred to individually as a “Party” and together as the “Parties.”
RECITALS
A.Platte River is a political subdivision of the state of Colorado, formed by its owner
communities of Estes Park, Fort Collins, Longmont, and Loveland under an
agreement (the “Organic Contract”) to establish Platte River as an instrumentality of
these communities with the primary purpose of supplying the wholesale electric
power and energy requirements of the owner communities.
B.To fulfill its mission, Platte River maintains full-time staff with engineering and other
types of technical expertise incidental to or supportive of its owner communities’
continued ability to provide electric power and energy requirements to their
customers.
C.Fort Collins may at times have projects that could be completed efficiently with
assistance from Platte River to complement technical expertise of Fort Collins staff.
D.As governmental entities in Colorado, Fort Collins and Platte River are authorized
under Colorado Revised Statues § 29-1-203 to cooperate or contract with one another
to provide any function, service, or facility lawfully authorized to each.
E.The owner communities are authorized to operate municipal electric utilities,
including customer information systems (“CIS”) that may be subject to license and
other agreements with third-party service providers for hardware and software.
F.Platte River is authorized under the Organic Contract to offer technical services
incidental to or supportive of the Fort Collins CIS as stated in Project Orders (as
defined in Section 1) issued under this Agreement. Included as an attachment to this
Agreement is the Parties’ agreed-upon initial Project Order.
G.The Parties desire to enter into this Agreement and additional CIS-related Project
Orders from time to time, provided Platte River Authorized Signatory (as defined in
Section 1), determine Platte River’s available staff have the qualifications and
capacity to provide the requested services without compromising Platte River’s
ability to fulfill its primary purposes as defined in the Organic Contract.
The Parties therefore agree as follows:
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 2 of 8
AGREEMENT
1. Defined Terms.
“Active Project” means a Project for which a Project Order is in effect but not yet
completed.
“Agreement” has the meaning given in the preamble.
“Authorized Contact” means a specific individual, as listed on Exhibit B to this
Agreement on the Effective Date or as subsequently designated as provided in
Section 6.2, who serves as the primary contacts for Project implementation under
Section 6.6 and for all routine, informal communications related to this Agreement on
behalf of the designating Party.
“Authorized Signatory” means a specific individual, as listed on Exhibit B to this
Agreement on the Effective Date or as subsequently designated as provided in
Section 6.2, who has authority to bind a Party by approving and signing Project Orders.
“Change Order” means any written modification to an existing Project Order, signed by
both Parties’ Authorized Signatories, that authorizes changes, additions or deletions to
the scope of work or other provisions of a Project Order.
“Effective Date” has the meaning given in the preamble.
“Fort Collins” has the meaning given in the preamble.
“Party” and “Parties” have the meanings given in the preamble.
“Platte River” has the meaning given in the preamble.
“Project” means a specific set of tasks or services or activities that, with the agreement
of the Authorized Signatories for Fort Collins and Platte River, may be implemented
according to the terms of this Agreement and a signed Project Order.
“Project Order” means a written instrument (consisting of or including an agreed-upon
Project Work Scope) that has been approved and signed by at least one Authorized
Signatory of each Party and is therefore binding on the Parties according to its terms and
this Agreement.
“Project Work Scope” means a written instrument that describes a particular Project to
be carried out subject to the terms of this Agreement.
2. Purpose. The purpose of this Agreement is to establish a framework and set of general
terms and conditions to govern periodic collaborations where Platte River may assist Fort
Collins by providing support services. Consistent with these general terms and
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 3 of 8
conditions, when terms specified in a Project Work Scope are mutually acceptable to Fort
Collins and Platte River, Authorized Signatories can approve and sign Project Orders to
facilitate more timely and efficient completion of agreed-upon Projects using the Parties’
combined functional and technical resources.
3. Term and Termination.
3.1 Term. This Agreement will be effective on the Effective Date and will remain in
effect until December 31, 2023 and expire on that date (“Expiration Date”), unless
Fort Collins notifies Platte River in writing of its intent to extend the Agreement not
less than 90 days before the Expiration Date, subject to the Parties’ termination
rights under Section 3.2. If Fort Collins provides such notice, this Agreement will
renew for one additional one-year period.
3.2 Termination. Either Party may terminate this Agreement for cause by providing at
least 60 days’ prior written notice to the other Party and a reasonable opportunity to
cure. At any time after the initial term of this Agreement, in its sole discretion, Fort
Collins may terminate this Agreement by providing written notice to Platte River at
least 90 days before the end of a calendar year, subject to those obligations
surviving under Section 3.3 and applicable provisions of Exhibit A.
3.3 Survival. If this Agreement terminates or expires, any provisions in a Project Order
that has not been completed by the Expiration Date or the termination date will
survive until completed unless the Parties specify in a written instrument before
expiration or termination that all Active Projects are to be terminated concurrently
with this Agreement. Any payment obligations outstanding on the Expiration Date
or the termination date, as well as the provisions in Section 5 (Reimbursement for
Services; Payment), will survive until fully satisfied. In addition, this Section 3.3
(Survival), Section 8 (Standard of Service; No Warranties), Section 9 (Limitation
of Liability) Section 10 (Independent Contractor Relationship), Section 11 (No
Third-Party Beneficiaries), Section 13 (Governmental Immunity), Section 14
(Governing Law and Venue), Section 15 (Headings; Section and Other
References), Section 16 (Severability), and Section 18 (Entire Agreement;
Amendment) will survive until all statutes of limitations related to claims that could
be made in connection with this Agreement have run.
4. Services. Subject to Section 6.4 and Section 8, Platte River’s services to Fort Collins
under this Agreement will generally consist of information technology support services,
as more specifically described in Project Orders the Parties elect to issue from time to
time.
5. Reimbursement for Services; Payment. Platte River will invoice Fort Collins, and Fort
Collins will reimburse Platte River, for its reasonable costs to fulfill any Project Orders,
as specified in this Section 5 and in Exhibit A. If Fort Collins asks for a Project cost
estimate (and Platte River elects to offer a Project proposal under Section 6.4), Platte
River will provide a good-faith estimate of its total cost to complete the Project Order
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 4 of 8
based on the information Fort Collins has provided. Any cost estimate for a Project is
nonbinding and offered as courtesy only. Fort Collins’ payment obligations for any
Project Orders will be as stated in Sections 5.1 through 5.4.
5.1 Invoicing. Platte River will invoice Fort Collins on a monthly basis for services
provided for all Active Projects. Monthly invoices will comply with the principles
specified in Exhibit A and will reflect (a) the time spent by Platte River staff on
Active Projects (calculated as provided in Section 5.2), (b) Platte River’s actual
costs for any parts or third-party services purchased on behalf of Fort Collins,
(c) Platte River’s actual costs for any unique software, hardware, or equipment
necessary to carry out Active Projects, and (d) vehicle costs incurred by Platte River
on behalf of Fort Collins (using the applicable federal business mileage rate).
5.2 Billing Rate. Platte River’s billing rate for staff time devoted to Project Orders will
consist of the applicable staff members’ direct pay and benefits (without the
addition of any administrative costs).
5.3 Changes to Billing Rate. Fort Collins acknowledges that Platte River’s billing rate
for staff time may change from time to time during the term of this Agreement to
reflect changes to applicable staff members’ pay and benefits. The billing rate in
any Project Order is binding for the duration of the applicable Project.
5.4 Payment Terms. Payment will be due within 30 days after Platte River’s delivery
to Fort Collins of an invoice under this Agreement. Platte River has the right to
apply a late fee of 1% per month to any undisputed balance outstanding after the
due date.
6. Project Order Development Process. Whenever the Parties propose to collaborate on a
Project within the scope of this Agreement, they will follow the procedures specified in
this Section 6 with the goal of developing a mutually acceptable Project Order.
6.1 Project Work Scope. Each Project Work Scope under this Agreement must contain
sufficient information about the nature of the requested services and outcomes,
expected Project duration, and Project management and coordination process to
enable both Parties to adequately plan for and carry out their respective obligations
under the associated Project Order.
6.2 Authorized Signatories and Contacts. A Project Order must be approved and
signed by at least one Authorized Signatory for each Party. As of the Effective
Date, the Authorized Signatories and Contacts of the Parties are as listed in
Exhibit B, “Authorized Signatories and Contacts.” Platte River’s Authorized
Signatories and Contacts may be changed only by Platte River’s delivery to Fort
Collins of written notice specifically referring to this Agreement and signed by an
officer of Platte River. Fort Collins’ Authorized Signatories and Contacts may be
changed only by Fort Collins’ delivery to Platte River of written notice specifically
referring to this Agreement and signed by the Fort Collins Utilities Executive
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 5 of 8
Director or City Manager. Exhibit B, “Authorized Signatories and Contacts,” may
be updated from time to time to reflect notices validly given under this Section 6.2.
For Fort Collins, only the Authorized Signatory may bind Fort Collins, approve
Project Orders under Section 6.5, or approve Changes to Project Orders in writing
under Section 6.7. Fort Collins’ Authorized Contacts may participate in
development of Project Work Scope by initiating requests under Section 6.3 and
will be the primary contacts for Project implementation under Section 6.6 and for
all routine, informal communications between the Parties. Two Authorized Contacts
are provided to ensure availability and redundancy for Fort Collins, and Platte River
may confer with one or both of them as appropriate for a given project and as each
is available.
6.3 Request for Support Services. The process to develop a Project Order will begin
when a Fort Collins Authorized Signatory or Contact contacts a Platte River
Authorized Signatory to request a proposed Project Work Scope. A request under
this Section 6.3 may be informal (for example, by telephone call or email), but
should describe the applicable Project and requested support services in enough
detail to enable Platte River to develop a proposed Project Work Scope under
Section 6.4.
6.4 Proposed Project Work Scope. After Fort Collins requests a proposed Project
Work Scope under Section 6.3, Platte River will make good-faith efforts to
promptly acknowledge and consider Fort Collins’ request. Platte River will
determine, in its sole discretion, whether it has available and qualified staff and
other resources to accommodate the request and whether to develop and deliver to
Fort Collins a proposed Project Work Scope. Fort Collins acknowledges and agrees
that Platte River has no obligation to provide a proposed Project Work Scope and
may decline to do so. Upon Platte River’s decision to decline to provide a proposed
Project Work Scope, it will inform Fort Collins within a reasonable time of the
request so that Fort Collins may make other arrangements.
6.5 Project Order Approval and Memorialization. A Project Order will take effect
and become binding on the Parties when the terms of the Project Order (including
the applicable Project Work Scope) have been approved by at least one Authorized
Signatory for each of the Parties, which they must signify by signing and dating the
applicable Project Order. All Project Orders will be governed by this Agreement;
nothing in a Project Order or Project Work Scope may amend, modify, or override
any provision of this Agreement. The Parties recognize and agree that multiple
Active Projects may be in effect concurrently.
6.6 Project Implementation. Whenever there are one or more Active Projects under
this Agreement, the Parties will collaborate in good faith to prioritize and facilitate
efficient, successful completion of the applicable Projects. The Parties envision that
consistent coordination, ongoing communication, and periodic monitoring will
enhance the likelihood of mutually satisfactory outcomes.
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 6 of 8
6.7 Changes to Project Orders. Once signed as provided in Section 6.5, a Project
Order may be modified only by a Change Order (specifically referring to the
applicable Project Order).
7. Notices. Any formal notice, request, consent, approval, or communication under this
Agreement will be binding only if delivered in writing to the Authorized Signatory of the
intended recipient by (a) personal service, (b) first class mail, (c) email (confirmed by
reply email from the Authorized Signatory) at the contact information specified for the
Authorized Signatory in Exhibit B, “Authorized Signatories and Contacts.”
8. Standard of Service; No Warranties. Platte River, in carrying out Project Orders, will
make good-faith efforts to carry out the applicable tasks or activities or services
according to the terms specified in the Project Orders using suitably qualified staff
members. Except as stated in the preceding sentence, Platte River disclaims all warranties
or guarantees concerning its performance under this Agreement (and all associated
Project Orders) or the results of any tasks or activities or services it may provide
(including warranties of merchantability or fitness for a particular purpose). Fort Collins
acknowledges and agrees that it is fully and independently responsible for determining
whether to accept or rely on any services, advice, or recommendations provided by Platte
River in connection with this Agreement or any Project Order.
9. Limitation of Liability. Neither Party will be liable to the other Party under this
Agreement for any consequential, incidental, punitive, exemplary, special, equitable, or
indirect damages, lost profits, or other business interruption damages, whether by statute,
in tort, or by contract.
10. Independent Contractor Relationship. The Parties agree that Platte River, while an
instrumentality of its owner communities, is an independent contractor and not an
employee, agent, or servant of Fort Collins. Nothing in this Agreement creates an
association, joint venture, or partnership between the Parties or imposes any partnership
obligation or liability on either Party not otherwise present as a result of Fort Collins
being an owner community of Platte River. Neither Party will have any right, power, or
authority to enter into any agreement or undertaking for, act on behalf of, or act as an
agent or representative of the other Party in the fulfillment of any Project Order.
11. No Third-Party Beneficiaries. This Agreement governs only rights and obligations
between the Parties with respect to its subject matter. There are no express or implied
third-party beneficiaries of this Agreement.
12. Appropriation Required. The financial obligations of the Parties under this Agreement
are from year to year only and do not constitute a multiple-fiscal-year debt or other
financial obligation or fiscal obligation of any kind payable in any fiscal year beyond the
fiscal year for which funds are appropriated for the payment of expenditures related to
this Agreement.
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 7 of 8
13. Governmental Immunity. Nothing in this Agreement will operate as an express or
implied waiver by either Party of any of the immunities, rights, benefits, protections, or
other provisions of the Colorado Governmental Immunity Act, C.R.S. §§24-10-101, et
seq., or of any other defenses, immunities, and limitations of liability available by law to
the Parties or their governing bodies, officers, or employees.
14. Governing Law and Venue. This Agreement will be governed in all respects by the
laws of the state of Colorado (exclusive of choice-of-law principles), and venue for any
action related to this Agreement will be in Larimer County, Colorado.
15. Headings; Section and Other References. Captions and headings in this Agreement are
for ease of reference only and do not constitute part of this Agreement. References to
“preamble,” “Section,” and “Exhibit” are to the preamble, sections, and exhibits of this
Agreement and encompass the preamble, relevant section (and associated subsections) or
exhibit in its entirety unless specifically stated otherwise.
16. Severability. If any term (or the application of any term) of this Agreement (or any
Project Order) is held invalid, illegal, or unenforceable by any court or administrative
body having jurisdiction, all other terms and their application will remain valid and the
Parties will attempt to amend this Agreement in a mutually acceptable manner to restore
the Parties to the positions they would been in but for the holding.
17. Authority. The Parties recognize the legal constraints imposed on them by the
constitutions, statutes, and regulations of the state of Colorado and of the United States
and the Organic Contract, as well as those imposed on Fort Collins by its charter. Subject
to these constraints, the Parties intend to carry out the terms of this Agreement and any
Project Order. The signatories below certify they are authorized to execute this
Agreement on behalf of each Party, pursuant to applicable articles or bylaws and statute.
Nothing in this Agreement obligates either Party to exercise any power or take any action
prohibited by applicable law.
18. Entire Agreement; Amendment. This Agreement (together with provisions set forth in
any Project Orders) contains the entire agreement of the Parties concerning its subject
matter. This Agreement may not be amended, modified, or overridden except by a
signed, written instrument that specifically refers to this Agreement and is authorized by
the City Council of Fort Collins and the general manager of Platte River. Project Orders
approved and signed under Section 6.5 do not constitute amendments to this Agreement.
19. Counterparts. This Agreement (and Project Orders) may be signed in counterparts, each
of which will be deemed an original and which together will constitute a single binding
instrument (and, in the case of a Project Order, an integrated part of this Agreement).
[Signature page follows]
EXHIBIT A
Intergovernmental Agreement for Technical Support Services CIS – Platte River and City of Fort Collins
Page 8 of 8
PLATTE RIVER POWER AUTHORITY ATTEST:
By: By:
General Manager/CEO
Secretary
APPROVED AS TO FORM:
By:
General Counsel
FORT COLLINS, Colorado ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Exhibit A CIS – Platte River and City of Fort Collins
Page 1 of 2
EXHIBIT A
CIS COST ALLOCATION AND MANAGEMENT PRINCIPLES
Background
A. Since 1998, Platte River has provided CIS services to the cities of Longmont and Fort
Collins (each, a “City” and collectively, the “Cities”) on a shared Hansen/Banner utility
customer information system.
B. Although, as of the Effective Date of the Agreement of which this Exhibit A is a part,
Platte River will provide CIS services to the Cities under separate bilateral agreements,
Platte River will continue to incur certain costs (“CIS Joint Project Costs”) common to
the CIS services it provides to each of the Cities.
C. This Exhibit A specifies how Platte River will allocate CIS Joint Project Costs between
the Cities and manage costs as each City transitions to its own separate utility customer
information systems.
Principles for Allocation of CIS-Related Costs
1. As long as Platte River continues to provide CIS services to both Cities, Platte River will
apportion CIS Joint Project Costs between the Cities based on the number of customers
served by each City’s utility customer information system (as determined and updated on
an annual basis). Expressed as a formula, the allocation percentage will be:
P = X 100, where
P = the percentage of CIS Joint Project Costs charged to a City
N = the number of customers served by the City’s utility customer information
system
T = the combined number of customers served by both Cities’ utility customer
information systems
2. Any costs Platte River incurs to provide CIS services specific to one City and not the
other will be billed to the City receiving the applicable CIS services.
3. Platte River and the Cities have expressed a common goal of equity in the management
of CIS Project Joint Costs. In particular, as the Cities transition away from receiving CIS
services from Plate River to their own separate customer information systems, Platte
River and the Cities intend to cooperate to avoid having CIS Project Joint Costs
attributable to one City fall on the other or on nonparticipating owner communities (Estes
Park and Loveland).
4. Given the long lead times for costs Platte River incurs to provide the CIS services under
third-party agreements that must be pre-paid and are binding for periods of one year or
N
T
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Exhibit A CIS – Platte River and City of Fort Collins
Page 2 of 2
longer (“Annual Vendor Costs,” such as the Hansen Banner license, which requires one
year or more prior notice to terminate or modify payment obligations), the Cities have
recognized that if they wish to stop receiving CIS services from Platte River, they will be
responsible for their allocated shares of any Annual Vendor Costs already incurred at the
time of City’s departure decision. Accordingly, to avoid any “carryover” Annual Vendor
Costs, a City will need to give Platte River notice of its intention to stop receiving CIS
services before the renewal deadline for the applicable Annual Vendor Costs (which, for
the Hansen/Banner license could be as much as 90 days ahead of the start of the final
calendar year of participation).
5. Once a City notifies Platte River that it plans to stop receiving CIS services from Platte
River and an anticipated departure date,
a. Platte River will make good-faith efforts to minimize any vendor costs that would
otherwise continue past the anticipated departure date, but Platte River will bill to
the departing City its share of any vendor costs that cannot be avoided; and
b. Platte River will make good-faith efforts to manage its internal costs (by
redeploying staff who provide CIS services) to minimize Platte River costs
incurred after the City’s anticipated departure date; but, to the extent Platte River
is unable to do so without major disruption to the CIS services or the affected
staff, Platte River will bill to the departing City its share of Platte River costs for
up to six months or the remainder of the calendar year in which the City’s
departure date occurs, whichever is longer.
6. Platte River will work in good faith with the Cities as they transition and attempt to
accommodate changing needs while maintaining equity in cost-sharing between the
Cities and protecting nonparticipating owner communities bearing CIS-related costs.
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Exhibit B CIS – Platte River and City of Fort Collins
Page 1 of 2
EXHIBIT B
AUTHORIZED SIGNATORIES AND CONTACTS
Updated
Platte River Power Authority
For Platte River, only an Authorized Signatory may bind Platte River, approve Project Orders
under Section 6.5, or approve Changes to Project Orders in writing under Section 6.7. Platte
River’s Authorized Contacts will be the primary contacts for Project implementation under
Section 6.6 and for all routine, informal communications between Parties.
Authorized Signatory:
Raj Singamsetti
Chief Transition and Integration Officer
Telephone: 970
Email: singamsettir@prpa.org
Authorized Signatory:
Rob Morse
Director of Information Technology
Telephone: 970-229-4825
Email: MorseR@prpa.org
Authorized Contact:
Geoff Moon
Infrastructure Services Supervisor
Telephone: 900-229-5250
moong@prpa.org
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Exhibit B CIS – Platte River and City of Fort Collins
Page 2 of 2
Fort Collins
For Fort Collins, only the Authorized Signatory may bind Fort Collins, approve Project Orders
under Section 6.5, or approve Changes to Project Orders in writing under Section 6.7. Fort
Collins’ Authorized Contacts may participate in development of Project Work Scope by
initiating requests under Section 6.3 and will be the primary contacts for Project Implementation
under Section 6.6 and for all routine, informal communications between the Parties.
Authorized Signatories
Required co-signatures for all Project Orders or Change Orders:
Utilities Executive Director
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522
970-416-2232
Purchasing Director
215 North Mason Street
PO Box 580 Fort Collins, CO 80522
970-221-6775
In addition, all Project Orders greater than $1,000,000 and any Change Orders to such
Project Orders resulting in an increase in the cost must also be signed by the City
Manager.
City Manager
300 LaPorte Avenue
PO Box 580 Fort Collins, CO 80522
970- 221-6505
Authorized Project Manager Contacts
Utility Svcs; Senior Supervisor, Business Systems
222 Laporte Ave. - Utility Services Administration
Currently: Mona Walder; 970-416-2689; mwalder@fcgov.com
Information & Employee Svcs.; Senior Manager, Applications Software
700 Wood Street - Utilities Service Ctr
Currently: Mary Evans; 970-221-6865; mevans@fcgov.com
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Project Order No. 1 CIS – Platte River and City of Fort Collins
Page 1 of 5
PROJECT ORDER NO. 1
SERVICE SPECIFICATIONS AND CONDITIONS
Introductory note: Capitalized terms used in this Project Order No. 1 and not otherwise defined
in Section 1 or Section 4 of this Project Order No. 1 have the meanings given in the
Intergovernmental Agreement for Technical Support Services – Customer Information System
under which this Project Order No. 1 is issued.
1. Scope of Services provided by Platte River
Platte River will provide infrastructure, system administration and database support for the CIS
System for Fort Collins (collectively, the “Services”) adhering to Sound Industry Practices. The
Services include the following and any other Services as the Parties agree by entering into
additional Project Orders:
x Keeping servers and databases maintained, patched (to the level supported by the current
CIS software version used by Fort Collins), and operational
x Operating and maintaining top-level Operating System, Oracle and CIS processes
x Maintaining, supporting, and keeping current all physical infrastructure necessary for CIS
System operations and availability including servers and network infrastructure
x Implementing and updating scheduled jobs and scripts required for proactive monitoring
and maintenance activities
x Coordinating and communicating planned maintenance activities that affect the CIS
System via an approved notification process
x Proactively monitoring and adjusting database space usage at the filesystem level
x Proactively monitoring server resource levels and making adjustments as needed
x Scheduling and monitoring backups and managing backup storage space and availability
following agreed-upon disaster recovery and retention policies
x Performing troubleshooting and root cause analysis on system outages; reporting findings
to Fort Collins’ designated CIS contact(s)
x Adhering to Sound Industry Practices and/or Fort Collins policies and guidance provided in
writing to Platte River for purposes of the CIS System for password management,
standards and policies for all components that Platte River supports, including end-user
and service accounts for both OS and databases.
x Managing required VPN tunnels and accounts
x Providing timely and informative communication regarding support requests and service
interruptions following agreed-upon policies and procedures
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Project Order No. 1 CIS – Platte River and City of Fort Collins
Page 2 of 5
x Creating and maintaining comprehensive documentation on system integrations, scripts and
processes associated with operational availability as they are implemented, particularly
when implementing custom code or functions that are not readily transparent.
Customizations developed prior to the implementation of this project order will be
supported on a good faith effort basis with the understanding that limited documentation or
knowledge transfer was provided previously.
x Creating documented and tested data restoration and recovery plans for various system and
component failure scenarios. Under previously agreed conditions, this will not include any
automatic-failover disaster recovery procedures. No expectations have been set for
recovery time objectives in the event of major failure scenarios, such as complete loss of
database server or datacenter availability.
x Ensuring server logs are managed appropriately
x Installing and updating software licenses and SSL certificates to avoid service interruption
x Performing system and database backups regularly
x Performing data recovery/restoration as requested or required
x Cloning databases as needed
x Updating database and file encryption and Oracle wallet, and rotating encryption keys
following Fort Collins’ written policies (as provided to Platte River) or as requested
x Applying third-party software updates for software that resides on the CIS database or
applications servers
x Assisting with data imports and exports needed for large-scale database changes (such as
annual rate changes)
x Supporting audits of system and database accounts and permissions as requested by Fort
Collins
x Coordinating with Fort Collins personnel as needed to implement database profiles for CIS
permissions
2. Fort Collins’ Obligations:
x Role and responsibilities
Fort Collins is the owner of its CIS Data and will have unrestricted use of its CIS Data.
Fort Collins will operate its customer service operations, including customer contact, bill
preparation, all monetary functions having to do with billing, and other customer service
and information functions. This includes:
x Developing queries or reports on CIS Data
x Completing small-scale data additions or modifications
x Communicating with billing providers or accessing third-party billing provider
software to facilitate billing or third-party software issues.
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Project Order No. 1 CIS – Platte River and City of Fort Collins
Page 3 of 5
x Third-party service providers
Fort Collins, as the owner of the CIS Data and recipient of Services under the Agreement,
may, in its discretion, engage third parties to supplement the Services provided by Platte
River. If Fort Collins does so, Fort Collins acknowledges that any resulting adverse
impacts to CIS-related hardware, software, Services, availability, performance, costs, or
other functions and any resulting claims by or liability to third parties will be solely Fort
Collins’ responsibility.
x Information required from Fort Collins
Fort Collins will provide to Platte River (and update as needed to keep information
current):
x An organizational chart or similar document identifying personnel involved with
Fort Collins’ CIS System, including associated responsibilities and contact
information
x A designated contact or contacts for receiving troubleshooting and root cause
analysis findings reports
x A schedule that summarizes the key events and processes in the billing cycle on a
monthly, quarterly and annual basis
x A list of the personnel who require access to CIS Systems at an OS/database
level and the components to which access is to be granted
x A list of the personnel responsible for approving access to systems or
components on an ongoing basis
x A list of personnel responsible for reviewing and approving expenditures
x A list or description of any files or databases that require preservation beyond the
standard backup retention window
x Copies of all relevant retention policies
x Instructions for the format of files or databases requiring long-term retention
x Instructions for the method of delivery for files or databases requiring long-term
retention
x Password policies that will govern systems for both production and backup
environments
x Identification of accounts with exceptions to these policies due to operational
needs
x A list of external system integrations associated with the CIS environment and
the expectations of support related to those integrations; additional information
may be required based on support expectation
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Project Order No. 1 CIS – Platte River and City of Fort Collins
Page 4 of 5
3. Platte River Obligations:
x Service Level Expectations
x Platte River commits to support CIS operations 8 AM to 5 PM (Mountain
Prevailing Time), Monday-Friday, excluding Platte River recognized holidays.
x Platte River will provide after-hours support on an as-needed basis for predefined
system maintenance operations.
x Platte River will provide after-hours, unscheduled support on a good-faith-effort
basis for production outages only.
x Platte River and Fort Collins will develop mutually agreed-upon standards and
policies for support requests, response and communication.
x Platte River retains sole authority for identifying personnel to provide the
Services. Fort Collins must direct all correspondence related to support needs to
Platte River’s designated personnel at this address: cissupport@prpa.org. Support
concerns should be directed to the Platte River Director of Information
Technology or his designee at this address: cissupport@prpa.org.
x Access limitations and production activities
Platte River will restrict permissions to data, systems, files and directories where
modifications could compromise operational stability. These restrictions include the
ability to modify database structure or configuration in the production environment.
Platte River and Fort Collins will coordinate the identification of accounts and
permissions necessary to securely maintain external system integrations and data
exchange. Administrators and users needing database or server access must request and
use individually assigned accounts. Users must not use shared accounts for direct server
or database access except in cases of operational necessity (which must be documented
and communicated to Platte River). Platte River will coordinate with Fort Collins to
promote tested modifications or customizations to the production environment as needed.
Neither party will make changes to the production environment that can impair
operations except as scheduled and agreed upon in advance.
x Conditions of service
Platte River is responsible for providing infrastructure and operational support for the
CIS System but has no authority over Fort Collins’ CIS operations or IT policy. Platte
River will be obligated to deliver the Services only if (and for so long as) Fort Collins:
x Assumes all operational, legal, financial and security risks associated with Fort
Collins’ continued use of software and hardware for which vendor support and
updates are no longer available.
x Maintains up-to-date licensing for all software components associated with the
system.
EXHIBIT A
Intergovernmental Agreement for Technical Support Services – Project Order No. 1 CIS – Platte River and City of Fort Collins
Page 5 of 5
x Supports a mutually agreed-upon schedule for patching all system components for
which updates are available.
4. Additional defined terms:
“CIS Data” All data within the CIS System database created by Fort Collins utility staff or
customer interaction with the CIS System.
“CIS System” means the hardware (cabling, switches, routers, servers, backup devices) and
software (VPN, operating systems, databases, application server components, Hansen/Banner
software components) that physically reside at or are hosted by Platte River to facilitate the
Services.
“Sound Industry Practices” means recognized industry methodologies and practices for
deploying and managing information technology systems, informed by guidance from applicable
manufacturers and service providers. The term Sound Industry is not intended to be limited to
any optimum method or practice to the exclusion of all others, but rather to be a range of
acceptable methods and practices generally accepted in information technology industry.
EXHIBIT A