HomeMy WebLinkAbout2024-114-09/03/2024-AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE CITY OF LOVELAND FOR THE CONSTRUCTRESOLUTION 2024-114
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY AND THE CITY OF LOVELAND FOR THE CONSTRUCTION,
OWNERSHIP,OPERATION,MAINTENANCE AND MANAGEMENT OF
THE NORTHERN COLORADO LAW ENFORCEMENT TRAINING
CENTER
A.In October2017,the City and the City of Loveland (collectively,the “Cities”)
entered into an initial intergovernmental agreement (the “IGA”)for the sharing of costs for
the design and construction administration of a jointly owned police regional training
campus.The IGA was updated in March 2019,and the Northern Colorado Law
Enforcement training Center (“NCLETC”)opened for operation in March 2021.
B.The facility is used by the Cities as well as several outside agencies for a
variety of training needs,including firearms training in the firing range.
C.In addition to each City using the facility for their own training needs,the
Cities provide rental access to the NCLETC to other law enforcement agencies.The
revenue from said rentals is placed into a dedicated Capital Fund to offset future costs of
administering,operating,maintaining the facility,and funding future capital projects
D.After several months of operation,some concerns regarding noise exposure
levels were raised by employees of Fort Collins Police Services (“FCPS”),and in response
to those concerns repairs were needed.It was at that time that the Cities realized the
language contained in the IGA does not clearly separate “maintenance”from “capital
projects”,which are considered “policy issues”that require approval from both City
Councils prior to commencing the necessary repairs.
E.The proposed amendments to the IGA contained in Exhibit “A”,clarify the
definitions of “policy issues”and “capital projects”as well as “maintenance and repair”.
The amended wording allows for use of existing training center funds by the facility
manager to enact such maintenance and repair to keep the facility in operational order.
F.The proposed amendments eliminate confusion and streamline the ability
to use existing training center funds to make necessary repairs and identified
maintenance upkeep.There are no financial obligations or impacts to the City by making
these current amendments.
G.FCPS,and the City Attorney’s Office have worked with the City of Loveland
staff and attorneys to create agreed upon language in the amended IGA.
H.Per the current IGA,any changes to the IGA must be approved by Council.
The amendments to the IGA will also need to be approved by the City of Loveland City
Council.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into the IGA,in substantially
the form attached hereto as Exhibit “A,”together 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 to effectuate the purposes of this
Resolution.
Passed and adopted on September 3,2024.
Mayor Pro Tem
ATTEST:
/
ity ‘frk
Effective Date:September 3,2024
Approving Attorney:Dawn Downs
EXHIBIT A TO RESOLUTION 2024-114
FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
FOR THE CONSTRUCTION,OWNERSHIP,MAINTENANCE,AND MANAGEMENT
OF THE REGIONAL TRAINING CAMPUS
This First Amendment is hereby made and entered into this —day of ,2024,
by and between the City of Loveland,Colorado,a municipal corporation,hereafter “Loveland,”
and the City of Fort Collins,Colorado,a municipal corporation,hereafter “Fort Collins,”and
hereinafter each referred to as a “City”and collectively referred to as “Cities.”
RECITALS
WHEREAS,the Cities entered into an Intergovernmental Agreement for the
Construction,Ownership,Operation,Maintenance,and Management of the Regional Training
Campus,dated March 19,2019,herein referred to as the “Original Agreement.”
NOW,THEREFORE,the Cities hereto agree as follows:
1.It is expressly agreed by the Cities that this Amendment is supplemental to the Original
Agreement,which is,by reference,incorporated herein,made a part hereof;and
identified as Attachment “A”,and all terms,conditions,and provisions thereof;unless
specifically modified herein,are to apply to this Amendment as though they are expressly
rewritten,incorporated,and included herein.
2.It is agreed the Original Agreement is and shall be modified,altered,and changed in the
following respect only:
Section 4.Joint Training Campus Operation and Maintenance,of the Original Agreement
is hereby amended in its entirety to read as follows:
Joint Training Camnus Operation and Maintenance.The operation and maintenance of
the Training Campus is a cooperative effort between the Cities,with full management
and policy-making authority vested equally in both Cities.“Policy Issues”shall include,
but shall not be limited to,participation in federal and state grant agreements,
construction of capital projects,and approval of the annual contributions to the
Maintenance and Repair Fund (defined below in Section 10,subsection b).For purposes
of this Agreement,“capital projects”specifically excludes maintenance and repair
projects funded by the dedicated Maintenance and Repair Fund.“Policy Issues”shall
require the approval of each City’s City Councils.
Section 5.Facility Management.of the Original Agreement is hereby amended in its
entirety to read as follows:
Facility Management.Management of the Training Campus shall be vested in each City’s
Chief of Police or their designee.The Chiefs of Police shall be responsible for approving
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EXHIBIT A TO RESOLUTION 2024-114
an Operation Plan that will serve as the principal document by which the Training
Campus will be utilized and maintained by the Cities.The Operation Plan shall reflect
that each City shall have an opportunity for equal access to the Training Campus to meet,
at a minimum,each City’s basic training needs.The annual schedule for use of the
Training Campus by the Cities and by third parties shall be determined by mutual
agreement of the Chiefs of Police or their designees and set forth in the Operation Plan;
provided,however,the Campus Manager shall have certain authority with respect to
adjustment of the annual schedule for the Cities and third parties as provided in Section
9(c)herein.The Operation Plan will also address the use of the Training Campus by third
parties including proposed fees for such use,and the manner in which each City may
provide Administrative Services (defined below in Section 7)to benefit the Training
Campus.In addition,the Operation Plan may include rules and regulations concerning
the use of the Training Campus.The Chiefs of Police are responsible for the governance
of the Training Campus related to any issue that is not considered to be a Policy Issue as
defined in Section 4 above,and as such,the Chiefs of Police or their designee,may
authorize any proposed maintenance or repair project,as recommended by the Technical
Advisory Committee.The Technical Advisory Committee shall be made up of the
training subject matter experts from both owning agencies with the Training Center
Manager as the chair of the committee.The committee’s makeup shall be capped at eight
(8)members,four (4)from each agency,with the Training Center Manager as the ninth
(9th)member.Recommendations from the committee must be unanimous,but their
recommendations shall not be binding on the Police Chiefs.The Police Chiefs or their
designee shall approve of all third-party use agreements for the Training Campus and
final determination of any scheduling disputes arising from actions taken by the Campus
Manager.In the event of a dispute between the Chiefs of Police that cannot be settled in
good faith,the Cities agree that the dispute will be directed to the City Managers for
discussion and decision.If the Cities fail to resolve disputes via the City Managers,the
Cities may utilize,subject to mutual agreement,the dispute resolution process identified
in Section 1 7(b)of this Agreement.If the Cities have failed to resolve disputes via
Section 17(b)or have not mutually agreed to utilize Section 1 7(b),the Cities may utilize
Section 17(c)or Section 18 of this Agreement.
Section 9.Training Campus Manager.Appointment,and Duties.,Subsection (d)(i)(6)of
the Original Agreement is hereby amended in its entirety to read as follows:
All other maintenance obligations as set forth in the adopted Operation Plan.The Campus
Manager shall zealously enforce all warranties on the structures,equipment,fixtures,or
other tangible objects within,at or upon the Training Campus for the benefit of the
Training Campus and the Cities.The Campus Manager may recommend the disposition
of obsolete or surplus property to Chiefs of Police consistent with either Loveland’s or
Fort Collins’s purchasing ordinances,regulations,or rules,as recommended by the
Technical Advisory Committee and accepted by the chosen City’s Chief of Police and
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EXHIBITATO RESOLUTION 2024-114
respective finance department.Any proceeds from the sale of such surplus property shall
be deposited into the Operations Fund and shared equally by the Cities.
Section 10.Dedicated Fund.of the Original Agreement is hereby amended in its entirety
to read as follows:
Dedicated Fund.
a.General.The City of Loveland is acting as the fiscal agent for the Training Campus
and shall keep a fund for the benefit of the Training Campus (the “Dedicated Fund”).
The Dedicated Fund shall consist of two separate and independent categories of
funds:1)a lapsing maintenance and repair fund (“Maintenance and Repair Fund”);
and 2)a lapsing fund for the annual expenses for Administrative Services and
operations (“Operations Fund”).On an annual basis,when the budget and annual
contributions from each of the Cities are calculated,any remaining fund balance in
the Operations Fund will be applied to offset the annual contributions from each City
to the Operations Fund.On a monthly basis,Loveland shall provide a record of the
revenues,expenses,and account balances for the Maintenance and Repair Fund and
the Operations Fund.The Dedicated Fund shall be equally owned by both Cities but
will be held in trust by Loveland acting as the fiscal agent.The Dedicated Fund shall
be subject to annual appropriation by the governing bodies of each City.However,
Loveland shall treat the Maintenance and Repair Fund as though it were a non-
lapsing fund to the maximum extent possible under the Loveland Municipal Code.
Loveland staff shall annually submit to its City Council a request to re-appropriate the
funds contained in the Maintenance and Repair Fund and the Operations Fund during
Loveland’s annual budget process.
b.Definitions.For purposes of this Agreement,“Maintenance and Repair”shall be
defined as any project or activities to maintain an asset in operating condition.They
are classified as such if they are performed to restore the asset’s physical condition
and/or operation to a specified standard,prevent further deterioration,replace,or
substitute a component at the end of its “useful life,”serve as an immediate but
temporary repair,or assess ongoing maintenance requirements.“Maintenance and
Repair”are those projects or activities that utilize existing funds,which do not require
funding from an external source.“Capital Projects”shall be defined as any project or
activities that construct either new facilities or make significant,long-term renewal
improvements to existing facilities.“Capital Projects”are those projects or activities
that rely on external funding sources.Capital projects,unlike maintenance and repair,
are Policy Issues which require approval from both City’s City Councils in
conformance with Section 4 above.
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EXHIBITATO RESOLUTION 2024-114
3.Except as expressly modified above,all other tenus and conditions of the Original
Agreement shall remain the same.
IN WITNESS WHEREOF,the Cities have executed this First Amendment,effective as of
the date fully executed by the Parties.
CITY OF LOVELAND,COLORADO CITY OF FORT COLLINS,COLORADO
BY:BY:
Roderick Wensing,Acting City Manager Jeni Arndt,Mayor
ATTESTED:
BY:BY:
Assistant City Clerk Name:______________________
Title:_____________________________
APPROVED AS TO FORM:
BY:BY:
Assistant City Attorney Assistant City Attorney
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