HomeMy WebLinkAbout2014-072-08/19/2014-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, PLATTE RIVER POWER AUTHOR RESOLUTION 2014-072
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 LONGMONT, AND THE CITY OF
LOVELAND FOR DEMAND SIDE MANAGEMENT PROGRAM COORDINATION
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 to
provide electric generation and transmission services and other related functions to benefit the
founding municipalities, pursuant to C.R.S. Section 29-1-204; and
WHEREAS, as one of the founding municipalities, Fort Collins operates an electric
distribution system providing retail utility service to customers within the City's municipal
boundaries and service territory; and
WHEREAS, since 2004, Fort Collins and PRPA have jointly funded "Demand Side
Management" ("DSM") energy efficiency and conservation programs for residential and
commercial customers on the Fort Collins electric system, the planning and development of
which has been jointly managed by Fort Collins and PRPA, in coordination with DSM programs
in the other founding municipalities; and
WHEREAS, administration of common DSM program elements offered by each
founding municipality has generally been managed by PRPA, including rebate administration
and issuing rebate payments to customers; and
WHERAS, the founding municipalities have separate approved budgets for DSM, and
PRPA's overall DSM budget is allocated to each founding municipality based on the
municipality's annual ownership percentage (typically 47% for Fort Collins); and
WHEREAS, there are economies of scale in continuing to coordinate DSM programming
among the founding municipalities and PRPA, and the parties desire to formalize these efforts by
entering into an intergovernmental agreement for such purposes; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services or enter into cooperative or joint
activities with other goverinnental 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 a Demand Side Management Partnership between the City, Platte River Power
Authority, the Town of Estes Park, the.City of Longmont, and the City of Loveland 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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of August, A.D. 2014.
Ma�or
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City Clerk or
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR DEMAND SIDE
MANAGEMENT PROGRAM PARTNERSHIP
This Intergovernmental Agreement("Agreement") is made this day of
,2014 by and between the TOWN OF ESTES PARK, a Colorado municipal
corporation("Estes Park'), the CITY OF FORT COLLINS,a Colorado municipal corporation
("Fort Collins"), the CITY OF LONGMONT,a Colorado municipal corporation("Longmont"),
the CITY OF LOVELAND,a Colorado municipal corporation("Loveland"), and PLATTE
RIVER POWER AUTHORITY,a political subdivision of the State of Colorado ("Platte River"),
collectively referred to herein as the "Parties." When specificity is not required, the municipal
corporations which are parties hereto will hereinafter be individually referred to as
"Municipality," and collectively as "Municipalities."
WHEREAS, the Municipalities contracted with one another to establish Platte River as a
separate legal entity and multi-purpose intergovernmental authority to provide the electric
power and energy requirements of the Municipalities and to engage in related business
activities including demand side management("DSM");and
WHEREAS,periodically Platte River develops Integrated Resource Plans that detail
Platte River's plans and programs in the areas of generation and transmission, renewable
energy,and energy efficiency, including DSM; and
WHEREAS,Platte River's DSM programs include those offered to the utility customers
of the Municipalities,which programs are contracted for and funded by Platte River;and
WHEREAS,Platte River seeks to maintain an equitable distribution of DSM funds
among the Municipalities;and
WHEREAS, the Parties intend to expand the scope of Platte River's current DSM
programs, and desire to define certain terms and conditions related to program management as
set forth in this Agreement;and
WHEREAS, the Parties are authorized, pursuant to C.R.S. § 29-1-203, to cooperate or
contract with one another to provide any function, service, or facility lawfully authorized to
each.
NOW,THEREFORE,in consideration of the mutual covenants and agreements
contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
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1. Definitions.
"Common Programs" shall mean DSM programs and related services which are
developed by, contracted for,and funded by Platte River. Common Programs are
offered by Platte River to the utility customers of the Municipalities, up to an amount
equal to each Municipality's Equity Share of Platte River's DSM budget.
"Directive Funding" shall mean funding that is provided by a Municipality to procure
DSM services that fall outside of those DSM services provided through the Common
Programs.
"Equity Share' shall mean the pro rata share that each Municipality would receive of
Platte River's assets upon dissolution as provided in Section 2.8 of the Platte River
Power Authority Organic Contract.
"Fiscal Year" shall mean with reference to any Municipality, the applicable fiscal year
for such Municipality,in accordance with its individual budget and accounting
practices.
"Supplemental Funding" shall mean funding that is provided by a Municipality to
procure Common Programs services in excess of those provided by Platte River based
upon the Municipality's Equity Share.
2. Supplemental Funding. During any calendar year demand for Common Program
services within a Municipality may result in the full commitment of its Equity Share of
Platte River's DSM budget. Upon the request of a Municipality whose Equity Share of
the DSM budget has been fully committed,Platte River shall continue to offer Common
Programs within that Municipality; provided, however, that before Platte River commits
such additional funding,the Municipality must issue a purchase order authorizing
Supplemental Funding in the necessary amount. Supplemental Funding shall be from
funds that have been appropriated and are available in the Municipality's budget. Platte
River shall invoice the Municipality under such purchase order when expenditures have
exceeded its Equity Share of Platte River's DSM budget. The Municipality shall pay
Platte River within thirty days of invoice.
3. Directive Funding. Platte River or a Municipality may identify additional DSM
programs or services not contemplated within the scope of the Common Programs.
Platte River and the interested Municipality may decide to collaborate in offering these
programs or services when they determine that such collaboration would result in the
effective delivery of the programs or services to the Municipality's utility customers. In
these cases,Platte River will work closely with the Municipality's designated staff to
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establish a scope of work for the program or service as well as a budget containing
sufficient funding to complete the scope of work.Prior to Platte River undertaking any
Directive Funding activity, the Municipality must issue a purchase order authorizing an
amount of expenditure from funds that have been appropriated and are available in the
Municipality's budget. Platte River shall invoice the Municipality on a monthly basis,or
at another agreed upon interval. The Municipality shall pay Platte River within thirty
days of invoice.
4. Term. This Agreement will be effective upon execution by the Parties and will remain
in effect until terminated.
5. Termination. A Municipality or Platte River may terminate its participation in this
Agreement upon sixty (60) days written notice to the other Parties; provided, however,'
that any work commenced by Platte River under a purchase order issued by a
Municipality prior to receipt of,the written notice of termination will be completed by
Platte River and reimbursed by the Municipality.
6. Appropriation Required. The financial obligations of the Municipalities under this
Agreement are from year to year only and shall 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 so appropriated for the payment of current
expenditures.
7. Designated Representatives. The designated representatives for each of the Parties are
as follows:
Platte River: Paul Davis,Customer Services Manager
Platte River Power Authority
.2000 East Horsetooth Road
Fort Collins, CO 80525
970-229-5370
Davisp@prpa.org
Estes Park: Reuben Bergsten, Utility Director
Estes Park Light&Power
Estes Park Municipal Building
P.O. Box 1200
170 MacGregor Ave
Estes Park,Colorado 80517
Fort Collins: John Phelan,Energy Services Manager
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Fort Collins Utilities
700 Wood St
Fort Collins,CO 80522
Longmont: Energy Services Manager
Longmont Power&Communications
1100 S. Sherman St.
Longmont, CO 80501
303-651-8727
Anne.Lu tz®ci.longmont.co.us
Loveland: Gretchen Stanford,Customer Relations Manager
Loveland Water&Power
200 North Wilson Avenue
Loveland, CO 80537
970-962-3.550
Gretchen.Stanford@cityofloveland.org
A Municipality or Platte River must notify the other Parties in writing of any subsequent
changes in appointed representative.
8. Notices. Any notice, demand, request,consent,approval, or communication that a
Municipality or Platte River is required to give shall be in writing and either served
personally or sent by first class mail,postage prepaid, or by fax or email, to the
designated representative of the recipient at the address designated as set forth above, or
as subsequently provided in writing.
9. Confidential Customer Information. To the extent required by Platte River (as an agent
of the Municipalities) to perform the work required under this Agreement, a
Municipality.may provide Platte River with confidential utility customer information.
Platte River agrees to keep such information confidential and shall not disclose such
information, including to the other Municipalities,except as required by law. Platte
River shall notify the Municipality prior to any such disclosure so that the Municipality
may have an opportunity to take such-legal action as it deems necessary to prevent the
disclosure.
10. Liability. Each of the Parties hereto agrees to assume responsibility and liability
associated with its own acts and the acts of its employees in the performance of this
Agreement in accordance with Colorado law. By agreeing to this provision,neither
Platte River or the Municipalities waives or intends to waive, the limitations on liability
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which are provided to them under the Colorado Governmental Immunity Act, § 24-10-
101 et seq.,C.R.S.,as amended.
11. Entire Agreement. This Agreement contains the entire agreement of the Parties relating
to the subject matter hereof and, except as provided herein,may not be modified or
amended except by written agreement of the Parties.
12. No Third Party Beneficiaries.The Parties acknowledge and agree that this Agreement
is intended to only document the relative rights and obligations between the Parties to
one another, and that no third party beneficiaries are intended.
13. Governing Law and Venue.This Agreement shall be governed by the laws of the State
of Colorado, and venue shall be in the County of Larimer,State of Colorado.
14. Authority.The Parties recognize the legal constraints imposed upon them by the
constitutions, statutes, and regulations of the State of Colorado and of the United States,
and imposed upon the Municipalities by their Charter or Municipal Code,and, subject
to such constraints, the Parties intend to carry out the terms and conditions of this
Agreement. Notwithstanding any other provision in this Agreement to the contrary,in
no event shall the Parties exercise any power or take any action which shall be
prohibited by applicable law. This Agreement may be executed in separate counterparts,
and the counterparts taken together shall constitute the whole of this Agreement.
15. Superseded Agreements.This Agreement supersedes and replaces the following
agreements which are hereby terminated:
"Intergovernmental Agreement for Demand Side Management Program Funding"
between the City of Loveland and Platte River, dated December 18, 2012.
"Intergovernmental Agreement between the City of Longmont and the Platte River
Power Authority Concerning Use of Longmont's Electric Utility Customer Data," dated
January 10, 1995.
"Intergovernmental Agreement between the City of Longmont and the Platte River
Power Authority Concerning Use of Longmont's Electric Utility Customer Data," dated
May 30,2002.
"Agreement" between Platte River Power Authority and the City of Longmont, dated
April 8,2005.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
TOWN OF ESTES PARK,COLORADO ATTEST:
By: By:
[Title] Town Clerk
CITY OF FORT COLLINS,COLORADO ATTEST:
By: By:
Karen Weitkunat, Mayor City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
CITY OF LOVELAND,COLORADO ATTEST:
By: By:
[Title] City Clerk
APPROVED AS TO FORM:
i
By:
Assistant City Attorney
CITY OF LONGMONT, COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM AND SUBSTANCE:
By:
General Manager of Longmont Power&Communications
PROOFREAD: APPROVED AS TO FORM:
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Assistant City Attorney
PLATTE RIVER POWER AUTHORITY ATTEST:
By: By:
Jackie Sargent,Chief Executive Officer Secretary
APPROVED AS TO FORM:
By:
General Counsel
PROOFREAD:
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