HomeMy WebLinkAbout2023-116-12/19/2023-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CIRESOLUTION 2023-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS,THE CITY
OF LOVELAND,AND THE FEDERAL AVIATION ADMINISTRATION FOR
CONTINUED FEDERAL FUNDING OF AIR TRAFFIC CONTROL SERVICES
AT THE NORTHERN COLORADO REGIONAL AIRPORT
W}IEREAS,the Cities of Loveland and Fort Collins (collectively,the “Cities,”and
“Loveland”or “Fort Collins”individually)jointly own and operate the public airport known as the
Northern Colorado Regional Airport (the “Airport”)pursuant to an Amended and Restated
Intergovernmental Agreement for the Joint Operation of the Airport entered into on January 22,
2015,and amended on June 7,2016;and
WHEREAS,the Federal Aviation Administration (“FAA”)currently provides funding to
the Airport through the FAA’s NextGen initiative for air traffic control services as part of the
remote tower technology project at the Airport;and
WHEREAS,those air traffic control services are provided using a mobile air traffic control
tower;and
WHEREAS,the FAA’s funding for the remote tower pilot project expires December 31,
2023,which creates the potential for a gap in air traffic control services at the Airport;and
WHEREAS,to bridge the potential gap in air traffic control services,the FAA has
established a pathway for the Airport to join the FAA Contract Tower (“FCT”)Program through
an exception to FAA Joint Order 7210.78,which requires that an airport construct a permanent air
traffic control facility prior to applying to the FAA for federal funding for air traffic control
services;and
W1-IEREAS,to take advantage of this exception,the FAA requires the Cities to execute a
FAA Contract Tower Operations Agreement,in substantially the form attached hereto as Exhibit
“A”and incorporated herein (the “FCT Agreement”);and
WHEREAS,under the FCT Agreement in general,the FAA will fund air traffic control
services and the Airport will fund the mobile tower infrastructure and equipment needed for such
services;and
WHEREAS,in return for the FAA providing said funding,the FCTAgreement requires the
Cities,acting through the Airport,to pursue design and construction of a brick-and-mortar air
traffic control tower with the goal of completing construction within five years of the execution of
the FCT Agreement;and
WHEREAS,provided the Airport makes satisfactory progress under the FCT Agreement,
the FAA will continue to fund air traffic control services that use the mobile tower infrastructure
for that five-year period;and
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WHEREAS,the FCT Agreement has an initial term of one year and may be renewed
annually if the FAA determines the Airport is making satisfactory progress towards designing and
constructing a brick-and-mortar tower within the milestones set forth in the FCT Agreement;and
WHEREAS,the FCT Agreement may be terminated by either City or the FAA with or
without cause by giving the other parties a minimum of ninety days written notice,and termination
will not prejudice the Cities’ability to later construct a brick-and-mortar tower under the FCT
Program;and
WHEREAS,the City Council desires to authorize the City Manager,in consultation with
the City Attorney,to execute on behalf of Fort Collins the FCT Agreement in substantially similar
form to “Exhibit A;”and
WHEREAS,the FCT Agreement will allow the continued provision of air traffic control
services funded in part by the FAA,which is in the best interests of the City and beneficial to the
users of the Airport and the northern Colorado region at large.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS,COLORADO:
Section 1.That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2.That the City Manager is hereby authorized,following consultation with the
City Attorney,to execute the FCT Agreement in substantially similar form to “Exhibit A”subject
to modifications as deemed necessary to effectuate the purposes of this Resolution or to protect
the interests of the City of Fort Collins.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of December,2023.
AflEST:
City Clerk
EXHIBIT A TO RESOLUTION 2023-116
FAA CONTRACT TOWER OPERATIONS AGREEMENT (TOA)BETWEEN
FEDERAL AVIATION ADMINISTRATION (FAA)
AND
The City of Loveland and the City of Fort Collins
I.PARTIES
This FAA Contract Tower Operations Agreement (TOA)(hereinafter “Agreement”)is
hereby made and entered into this ______day of ______,20__by and between the
Federal Aviation Administration (“FAA”)and the City of Loveland and the City of Fort
Collins (jointly,“Airport Sponsor”)(collectively known as the “Parties”).
II.SCOPE
The purpose of this Memorandum of Understanding (MOU)between the FAA and the
Airport Sponsor is to set forth the terms under which Northern Colorado Regional
Airport (FNL)will participate in the FM Contract Tower (FCT)program temporarily using a
Mobile Airport Traffic Control Tower (MATCT).This Agreement replaces and supersedes
any prior Tower Operations Agreement signed by the parties.This Agreement is not
intended to reduce or limit the Airport’s rights under the FCT Program except as expressly
set forth herein regarding the use of the MATCT.
Ill.ROLES AND RESPONSIBILITIES OF THE PARTIES
A.Roles and responsibilities of the FAA.
The FAA shall fund air traffic control services at the Airport using the MATCT,by
way of a contractual agreement between the FAA and an air traffic control (ATC)
services provider of the FAA’s choice,in accordance with standards established
by the FAA until the new brick and mortar tower is commissioned,subject to the
availability of funds.
The MATCT hours of operation will be 0800-1800 Local.The FAA reserves the
right to adjust those hours in accordance with applicable FAA standards,
regulations,and policy.
The ATC services provider will collect hourly and daily traffic count data during
tower operating hours.
The FAA will maintain all FAA-owned equipment installed in MATCT and at FNL.
The FAA will conduct annual occupational safety and health inspections,for any
FCT that is an FAA employee’s duty station.
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EXHIBIT A TO RESOLUTION 2023-116
The FAA will conduct periodic security inspections based upon the criteria
identified in FAA Order 1600.69C,as may be amended.Relevant portions of the
Order will be provided to Airport Sponsors.(A Signed Non-Disclosure Agreement
(NDA)will be required to receive a copy of the Order.)
B.Roles and responsibilities of the Airport Sponsor.
The Airport Sponsor shall provide and maintain,at no expense to the FAA,a
temporary MATCT that meets all applicable Federal,state,and local codes,
standards and regulations.
The Airport Sponsor shall provide,maintain,and replace for the temporary
MATCT,at no expense to the FAA,all non-FAA-owned tower equipment required
by the Minimum Equipment and Facilities List (MEL)attached hereto as Appendix
A (FAA Order JO 7210.78),with the following modification to Section 1
(Communications Equipment paragraph (g):
(g)Telecommunication requirements to sustain high speed internet
communication,to include the following:
1)FTI Mission Support connection and Router;
2)Local Area Network consisting of a network switch,an
Uninterruptible Power Supply (UPS),a rack with patch panel,and
network cabling to the wall jacks.
is replaced by:
(g)Telecommunication requirements to sustain high speed internet
communication available to the controller workforce in (locations to be
determined).
Note:This adjustment to the MEL is only applicable to the MATCT,
and the upcoming brick-and-mortar tower will be required to fulfill the
requirements of FAA Order JO 7210.78.
The Airport Sponsor shall provide and continually maintain all utilities and
services,including but not limited to:heating,air conditioning,electrical,water,
gas and sewer,to the temporary MATCT.
The Airport Sponsor shall maintain janitorial services (to include washing tower
cab windows and shades,interior and exterior,when necessary)at no expense to
the FAA for the temporary MATCT.
The Airport Sponsor shall be responsible for the proper and continued functioning
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EXHIBIT A TO RESOLUTION 2023-116
of all equipment that the FAA determines is necessary for temporary MATCT
operations,including that which cannot be placed in operation or otherwise
controlled from the MATCT building or that is not otherwise within the control of
the FAA,its agents,representatives,or contractors.Examples include,but are not
limited to airport lighting,windsock,obstruction lights,rotating beacon,etc.
The Airport Sponsor is responsible for establishing and maintaining security and
controlled access to the temporary MATCT in accordance with FAA Order
1 600.69C,as may be amended.Relevant portions of the Order will be provided to
the Airport Sponsor.(A Signed NDA will be required to receive a copy of the
Order).
The Airport Sponsor agrees to enter into a Letter of Agreement (LOA)with the
ATC service provider’s local representative specifically for the purpose of
providing an airport point of contact and procedures to follow to ensure a timely
response to requests concerning equipment,security or building problems.
In accordance with FAA Order JO 7210.3,as revised,other Letters of Agreement
may be necessary to comply with other requirements such as airport emergency
service,control of vehicular traffic on airport movement areas,operation of airport
lighting,local procedures and reporting airport conditions.However,the terms and
conditions set forth in this Agreement or the FCT contract cannot be waived or
superseded by such local agreements.
The Airport Sponsor shall,at no cost to the FAA,complete all necessary actions
to construct a brick-and-mortar Airport Traffic Control Tower (ATCT)that meets
FAA requirements in FAA Order 7210.78.Except as agreed between the parties
or as otherwise permitted under the FCT Program,the Airport Sponsor must meet
the following milestones to remain in the FCT program:
•Complete the FAA Airport Traffic Control Tower Siting Process for the
permanent tower no later than two years from the date of signature of this
Agreement.
•Commence construction of the permanent tower no later than 30 months
from the date of signature of this Agreement.
•Complete construction of the brick-and-mortar tower no later than 5 years
from the date of signature of this Agreement.
The Airport Sponsor shall sign a new/modified Tower Operations Agreement for
the permanent brick-and-mortar ATCT no later than 60 days before the anticipated
commissioning of the permanent tower.
EXHIBIT A TO RESOLUTION 2023-116
IV.BENEFIT/COST RATIOS CONSIDERATION
Statute dictates how often and under what conditions FAA recalculates benefit/cost ratios
to determine the percentage of funds for which the FAA and the airport are responsible.
The FAA currently provides full funding for sites with a benefit/cost ratio of 1.0 or greater.
Fully funded sites at which the FAA has determined that the benefit/cost ratio decreases
to less than 1.0 will be offered the opportunity to participate in the FCT Cost Share
Program.
V.SUPPLEMENTAL HOURS
If the Airport Sponsor requests MATCT services outside of FM approved tower hours of
operation,the provision of such additional services shall be at the expense of the Airport
Sponsor,unless otherwise agreed to.These supplemental hours of operation may be
achieved through an agreement with the air traffic control services provider,supplemental
agreement with the FAA,or by other authorized means.
VI.POINTS OF CONTACT
Airport Sponsor
David Ruppel
Airport Director
Northern Colorado Regional Airport
(970)962-2852
FAA Implementation Manager
Dan Sherren
Terminal Program Implementation Team,AJV-W37
Western Service Area
206 231-2765
FAA Program Manager
Lisa Bush-Caudle
FAA Contract Tower (FCT),Program Manager
Program Management Office,Enterprise Services,AJM-3
800 Independence Ave.,SW,Washington,DC 20591
(202)267-0849
VII.CHANGES AND/OR MODIFICATIONS
Changes and/or modifications to this Agreement shall be in writing and signed by both
parties.The modification shall cite the subject Agreement and shall state the exact nature
of the modification.No oral statement by any person shall be interpreted as modifying or
otherwise affecting the terms of this Agreement.
EXHIBIT A TO RESOLUTION 2023-116
VIII.TERMINATION
In addition to any other termination rights provided by this Agreement,either party may
terminate this Agreement at any time prior to its expiration date,with or without cause,
and without incurring any liability or obligation to the terminated party by giving the other
party at least Ninety (90)days prior written notice of termination.Upon receipt of a notice
of termination,the receiving party shall take immediate steps to stop the accrual of any
additional obligations,which might require payment.Termination of this Agreement is
without prejudice to the airport sponsor’s ability to continue to construct a brick-and-
mortar tower as part of the FCT Program if it is otherwise in compliance with its
obligations under the FCT Program.
IX.TERM OF THE AGREEMENT
This Agreement is applicable for one year from the date of signature and may be renewed
annually based on the FAA’s assessment of Airport Sponsors progress in building a
permanent brick-and-mortar ATCT and meeting the milestones described in Section III.B
above,unless terminated by either of the parties in writing,as provided herein.
X.DISPUTES
Where possible,disputes will be resolved by informal discussion between the parties.In
the event the parties are unable to resolve any disagreement through good faith
negotiations,the Director of Operations-Headquarters (AJT-2)will resolve the dispute after
direct consultation with Airport Director.The decision of the Director of Operations-
Headquarters is not subject to further administrative review and,to the extent permitted by
law,is final and binding.
XI.INSURANCE
The Airport Sponsor shall arrange by insurance or otherwise for the full protection of the
Airport Sponsor from and against all liability to third parties arising out of,or related to,
the performance of this Agreement to the extent permitted by law.No term or condition
of this Agreement shall be construed or interpreted as a waiver,express or implied,of
any of the notices,requirements,immunities,rights,benefits,protections,limitations of
liability,and other provisions of the Colorado Governmental Immunity Act,C.R.S.§24-
10-101,et seq.,and under any other applicable law.
XII.LIABILITY
The FAA assumes no liability under this Agreement for any losses arising out of any
action or inaction by the Airport Sponsor,its employees or contractors,or any third party
acting on its behalf.The Airport Sponsor agrees to hold the FAA harmless against any
claim by third persons for injury,death,or property damage arising out of or in connection
with the Airport Sponsor’s performance under this Agreement.
EXHIBIT A TO RESOLUTION 2023-116
XIII.LEGAL AUTHORITY
This “other transaction”MOU is entered into under the authority of 49 U.S.C.§~106
(f)(2)(A)and 106(I)and (m),which authorizes agreements and other transactions on such
terms and conditions as the Administrator determines necessary.This MOU is not a
Memorandum of Agreement,procurement contract,grant or cooperative agreement.
Nothing in this Agreement shall be construed as incorporating by reference or implication
any provision of Federal acquisition law or regulation.
XIV.CIVIL RIGHTS ACT
The Airport Sponsor shall comply with Title VI of the Civil Rights Act of 1964 relating to
nondiscrimination in federally assisted programs and,if requested,provide a certification
to that effect.
XV.PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary,
privileged,or otherwise confidential information that may come into their possession as
a result of this MOU.The Airport Sponsor’s obligations under this paragraph are
expressly subject to all requirements of the Colorado Open Records Act.
XVI.FUNDING
No funds are obligated under this MOU.Each party shall bear the full cost it incurs in
performing,managing,and administering its responsibilities under this MOU.
With respect to the City of Fort Collins,to the extent this Agreement or any provision in
it constitutes a multiple fiscal year debt or financial obligation of the City,it shall be subject
to annual appropriation by City Council as required in Article V,Section 8(b)of the City
Charter,City Code Section 8-186,and Article X,Section 20 of the Colorado Constitution.
The City of Fort Collins shall have no obligation to continue this Agreement in any fiscal
year for which no supporting appropriation has been made.
With respect to the City of Loveland,to the extent this Agreement constitutes a multiple
fiscal year debt or financial obligation of the City of Loveland,it shall be subject to annual
appropriation pursuant to the City of Loveland Municipal Charter Section 11-6 and Article
X,Section 20 of the Colorado Constitution.The City of Loveland shall have no obligation
to continue this Agreement in any fiscal year in which no such appropriation is made.
XVII.CONSTRUCTION
Parties agree to exercise good faith in achieving the goals of this MOU;this means that
the Government will adopt and perform the above delineated roles and responsibilities
and will provide MATCT services to the above designated Airport Sponsor at the
designated location.The Airport Sponsor also agrees to adopt and perform the above
delineated roles and responsibilities.Neither party is authorized or empowered to act on
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EXHIBIT A TO RESOLUTION 2023-116
behalf of the other with regard to any matter,and neither party shall be bound by the acts
or conduct of the other in connection with any activity under this MOU.This provision
shall survive termination of this MOU.The undersigned Agreement holder affirms that
this MOU is entered knowingly and voluntarily.
The FAA reserves the right to withdraw the MATCT services from the Airport Sponsor if
EXHIBIT A TO RESOLUTION 2023-116
it does not comply with the terms of this agreement.
AGREED:
Airport Sponsor —City of Loveland
BY:
TITLE:
DATE:
Federal Aviation Administration
BY:
TITLE:
DATE:_________
ATTEST:
TITLE:
DATE:
ATTEST:
Federal Aviation Administration
BY:
TITLE:
DATE:
City Clerk
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
Airport Sponsor —City of Fort Collins
BY:
Assistant City Attorney