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HomeMy WebLinkAbout2007-045-05/15/2007-APPROVING THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FOR 4 RESOLUTION 2007-045 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT WHEREAS,the Cities of Fort Collins and Loveland jointlyown and operate the Fort Collins- Loveland Municipal Airport (Airport); and WHEREAS, the Cities believe it to be in their best interests to continue to cooperate in the operation and ownership of the Airport; and WHEREAS,pursuant to Section 29-1-203 of the Colorado Revised Statutes,the Cities are authorized to contract with one another to provide for the join exercise of any function, service or facility lawfully authorized to each of the cities; and WHEREAS, the Cities have previously entered into that certain "Intergovernmental Agreement for the Joint Operation for the Fort Collins-Loveland Municipal Airport"dated May 16, 2000 ("the IGA"); and WHEREAS, in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be op erated and maintained IP P as the Cities'joint venture; and WHEREAS, on November 10,2003, the Cities entered into that certain "First Amendment to the Administrative Guidelines (Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins-Loveland Municipal Airport," pursuant to which the parties agreed to certain amendments to Exhibit A of the IGA related to personnel and benefits administration of the Airport's employees("the First Amendment"); and WHEREAS,the Cities desire to amend the IGA a second time to modify the membership of the Airport Steering Committee,and to provide that,instead of the City Managers jointly appointing just one liaison, each City Manager will appoint an employee from his or her respective City to be a liaison, with the liaisons to work together to assist in overseeing the operation of the Airport and in supervising the appointed Airport Manager. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Second Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, attached hereto as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute said agreement on behalf of the City of Fort Collins, subject to such modifications in form or substance as the Mayor, in consultation with the City Attorney,may deem necessary to effectuate the purposes of this Resolution or to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May, A.D., 2007. M or AEST: City Clerk SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT This Second Amendment is made and entered into this day of , 2007,by and between THE CITY OF LOVELAND, COLORADO ("Loveland") and THE CITY OF FORT COLLINS, COLORADO ("Fort Collins"), hereinafter jointly referred to as "the Cities". WHEREAS, pursuant to C.R.S. §29-1-203, the Cities are authorized to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of the Cities; and WHEREAS, the Cities have previously entered into that certain "Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport"dated May 16, 2000 ("the IGA"); and WHEREAS, in the IGA the Cities set forth the terms and conditions pursuant to which the Fort Collins-Loveland Municipal Airport ("the Airport") will be operated and maintained as the Cities'joint venture; and WHEREAS, on November 10, 2003, the Cities entered into that certain"First Amendment to the Administrative Guidelines (Exhibit A)of the Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins-Loveland Municipal Airport", pursuant to which the parties agreed to certain amendments of Exhibit A of the IGA related to personnel and benefits administration of the Airport's employees ("the First Amendment'); and WHEREAS,the Cities desire to amend the IGA a second time to modify the membership of the Airport Steering Committee to include only the two Mayors and the two City Managers, and to provide that instead of the City Managers jointly appointing just one liaison,that each City Manager will appoint an employee from his or her respective City to be a liaison, with the liaisons to work together to assist in overseeing the operations of the Airport and in supervising the appointed Airport Manager. NOW, THEREFORE, in consideration of their mutual covenants and promises contained herein, and other good and valuable consideration, the Cities hereby agree as follows: 1. That Section 1. of the IGA is hereby amended to read in full as follows: 1. Joint Airport Operation. The operation and maintenance of the Fort Collins-Loveland Airport ("Airport") is a joint venture between the City of Fort Collins and the City of Loveland,with full management and policy making authority vested equally in both Cities. "Policy issues"shall include,but shall not be limited to,the adoption of strategic and master airport agreements which require the approval of the City Councils, airport agreements which require execution by both City Managers, main airport agreements or activities, the leasing of airport property, adoption of fees and charges, and the adoption or revision of Airport rules and regulations. An Airport Steering Committee, consisting of the Mayor of each City and the City Manager of each City is hereby established for the purpose of facilitating communication between the Cities and advising the Councils of each City concerning Airport issues. Such issues shall include but not be limited to general policy,budget, capital improvement projects, and service planning. 2. That Section 3. of the IGA is hereby amended to read in full as follows: 3. Liaisons, Appointment and Duties. The City Manager of each of the Cities shall appoint an employee from his or her City to serve as that City's liaison to oversee with the other City's appointed liaison the operations of the Airport and supervise the appointed Airport Manager.The amount of staff time necessary for the performance of these duties by each liaison shall be estimated by the City Managers annually.The cost shall be shared equally between the Cities. 3. That the opening sentence of Section 4. of the IGA is hereby amended to read in full as follows: 4. Provision of Administrative Services. It is agreed that,in addition to the liaisons, the Cities shall provide Administrative Services to the Airport Operations. 4. That paragraph A. of Section 5. of the IGA is hereby amended to read in full as follows: A. Subject to the direction of the Cities' liaisons, manage the operations of the Airport in a safe and efficient manner and maintain the grounds, structures and equipment in a clean, orderly, safe and operational condition in conformity with all applicable federal, state and local laws, rules and regulations and other legal requirements; 5. That except as amended by this Second Amendment and the First Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this Second Amendment has been executed the day and year first above written. THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: Mayor -2- ATTEST: Deputy City Clerk APPROVED AS TO FORM: Loveland City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Fort Collins City Attorney -3-