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Home My WebLink About09577RESOLUTION NO. 9577 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION GRANT OFFER PROJECT NO. 3- 08- 0046 -21 IN THE AMOUNT OF $110,314 FOR COMPENSATION FOR A PORTION OF DIRECT COSTS ASSOCIATED WITH NEW, ADDITIONAL, OR REVISED SECURITY REQUIREMENTS IMPOSED ON PUEBLO MEMORIAL AIRPORT BY THE ADMINISTRATOR ON OR AFTER SEPTEMBER 11, 2001 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo, a Municipal Corporation, does hereby accept the Federal Aviation Grant Offer Project No. 3- 08- 0046 -21 in the amount of $110,314 for compensation for a portion of the direct costs associated with new, additional, or revised security requirements imposed on Pueblo Memorial Airport by the Administrator on or after September 11, 2001. SECTION 2. The City of Pueblo does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in its Application for Federal Assistance which is incorporated by reference in said Grant Offer. SECTION 3. The President of the City Council is hereby authorized to execute said Grant Offer on behalf of the City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. SECTION 4. A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED: April 22. 2002 BY: Patrick Aval os C CILPERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: C CLERK nMA Aw....,...wl %I- A9Ao AAA, APPLICATION FOR 2- DATESUBurno V V1J AMointldenfifier FEDERAL ASSIS 1. TYPE OF 3. DATE RECEIVED BY STATE State Appli slim Idenfifier SUBMISSION: Applkallon Preapplication ❑ Construction ❑ Constriction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ® Non-Construction ❑ Non - Construction 5. APPL)CANT INFORMATION Legal Name: Organizational Unit City of Pueblo, Colorado City Council Address (give city, county, state, and zip code) Name and telephone number of the person to be contracted on matters involving 1 City Hall Place this application (g(ve area code) Pueblo, Colorado 81003 Mr. John B. O'Neal, C.M. Director of Aviation (719) 948 -3355 EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C 3 11 _ 113 a 3 0 13 El A. State H. Interdependent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual 8. TYPE OF APPLICATION: ® New [3 Continuation ❑Revision F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) If Revision, enter appropriate letters) in box(as): 1:11:1 A Increase Award B Decrease Award C Increase Duration D Decrease Duration Other (specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER a Application Form for Additional AIP Funding ($175 minion) • TITLE: Airport Improvement for New Airport Security Requirements per USDOT/FAA Program AIP Program Guidance Letter 024 for Section 119 of the Aviation and Transportation Security Act (S1147). Request 12 AREAS AFFECTED BY PROJECT (titles, counties, states, etc.): City of Pueblo, Colorado for reimbursement of costs incurred due to new, additional or revised security requirements imposed after September 11, 2001. 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Dale A. Applicant b. Project Sept. 2001 Sept. 2002 3rd 3rd 15. ESTIMATED FUNDING 18. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a. Federal i 110,314 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. NO PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW b. Applicant $ a State $ d. Local $ e. Other $ f. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If yes, attach an explanation ® No g. TOTAL $ 110,314 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE.ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative b. Title a Telephone number John B O'Neal, M. I Dire of Aviation 719 948 -3355 d. Spnature d R tative /1 *. e. Date Signed Y s F-owns Not Usable 1 - s artl 0rM 424 (REV "a Prey OMB Circular A-1 02 Authorized for Local Reproduction LEE R. EVETT City Manager JOHN B. O'NEAL, C.M. Director of Aviation D E p c—� CITY OF PUEBLO DEPARTMENT OF AVIATION Application Request Additional AIP Funding ($175 million) for New Airport Security Requirements Narrative Pueblo Memorial Airport 31201 Bryan Circle Pueblo, CO 81001 (719) 948 -3355 Fax (719) 948 -4878 After the September 11, 2001 incident, several new airport security requirements were issued by the FAA. One of these requirements was the presence of law enforcement officers at the screening point during flights. The Pueblo Airport currently has three flights Monday through Friday, one flight on Saturday and two flights on Sunday. A Pueblo Police Officer has been present at each flight since the September 11 `" incident and will continue to be at each flight until the requirement from the FAA is changed. At the time of the September 11 cl incident the Pueblo Airport was categorized as a level 3 airport and had to place a barrier 300 feet from the terminal building. Since the Pueblo Airport's parking area is next to the terminal building, the road to the terminal had to be barricaded. This caused the airport to provide a security person at the road entrance in order to escort people to the building. The airport requested that the category level be changed from level 3 to level 4 and that request was approved by the FAA in December of 2001. This changed the barrier to 75 feet around the control tower and the airport no longer needs to provide the extra security at the road entrance for escort purposes. Cost Summary The costs incurred by the Airport which is owned and operated by the City of Pueblo for the new security requirements were $34,318 for law enforcement personnel, $8,970 for security provided at the road entrance for escort purposes, $1,376 for vehicle use and fuel, and $63* for rental of barricades. The total actual costs incurred is $45,298. The only cost which the Airport will incur this year is the law enforcement personnel cost. This is projected to be $65,016. The total costs for actual and estimated is $110,314. ti+ pueblomemorialalrpor•t. org Application Form for Additional A] UP Funding ($175 million) For New Airport Security Requirements Per USDOT/FAA Program Guidance Letter 024 for Section 119 of the Aviation and Transportation Security Act (S1147) (ACI -NA Standardized Form — Approved by the FAA, as providing information identified in PGL 02 -04) Critical Submission Date: January 18, 2002 Section I. Eligible New, Additional or Revised Security Requirements & Direct Costs (Definition — Costs that airports can specifically identify as being unique to new, additional, or revised security requirements imposed by the FAA or the TSA on or after September 11, 2001. Operational costs and small capital costs that have been or will be expensed are eligible. Amortized capital costs are not eligible for this special funding. Actual costs incurred after September 11 and estimated costs to be incurred in the firture but no later than September 30, 2002 are eligible for funding consideration. * Note: If airports have increased fees, including rates and charges, to users of airports, the applications should also reflect that action. FAA would expect that an airport should not receive a grant for costs that have been recovered unless the airport provides a plan for rebating these reimbursements back to airport users providing the reimbursement from FAA.) New, Additional, or Revised Actual Estimated Total Cost(s) Has the Does the Security Requirement(s) Direct Direct airport airport have cost(s) cost(s) to be recovered the ability to incurred incurred these costs recover these 9/11/01— 1/18/02— through their costs through 1/18/02 9/30/02 rate base? the rate base? Increased Law Enforcement $34,318 $65,016 $99,334 ❑ yes X no ❑ yes X no Officer personnel/overtime Increased other $8,970 $0 $8,970 ❑ yes X no ❑ yes X no p ersonnel/overtime Equipment, supplies, radios, $1,376 $0 $1,376 ❑ yes X no ❑ yes Xno badge stock, vehicles, etc. Temporary construction, facility $634 $0 $634 ❑ yes X no ❑ yes X no modifications barriers etc. Outside services, contractor $ $ $ ❑ yes ❑ no ❑ yes ❑ no supp ort, etc. Other: $ . $ $ ❑ yes ❑ no ❑ yes ❑ no Total $45,298 $65,016 $110,314 Please Note: To assure complete compliance, please refer to the attachment that enumerates the eligible project categories for this Security Grant Application and also submit under CFR 191. , a �► Section II. Traffic Data Year September October November December 2000 8176 1 6059 7305 6933 6293 2001 Fuel Fees 9476 9697 7123 2001 Budgeted Total Passengers 2001 Revised Total Passengers 2002 Budgeted Total Passengers 2002 Revised Passenger Estimate 9296 6944 7175 5902 Section III. Additional Supporting Information - Financial Impacts (This information is necessary in order to identify and assess airports with the greatest financial challenges and their ability to absorb costs in the rate base.) Airport Revenues & Expense Categories Annual Totals (for most recent fiscal ear September 2001 October thru December 2000 October thru December 2001 Aeronautical Revenues Landis Fees $11,210 $597 $2,771 $2,976 Fuel Fees $103,561 $7,543 $23,540 $30,252 Terminal Rents $58,679 $12,590 $16,414 $18,776 Other $50 $3 $14,888 $16 Sub -Total $223,830 $24,551 $57,613 $68,840 Non - Aeronautical Revenues Concessions $3,022 $225 $675 $997 Parkin $0 $0 $0 $0 Rental Cars $49,673 $5,811 $15,209 $11,274 Other $100,264 $8,261 $31,181 $25,545 Sub -Total 1 $152,959 1 $14,297 1 $47,065 1 $37 A. Total Operating Revenue $376,789 $38,848 $104,678 $106,656 Total Operating Expenses $1,103,725 $113,233 $341,236 $272,472 Interest Expense $0 $0 $0 $0 B. Total enses $1 103 725 $113,233 $341,236 $272,472 C. *De reciation $982 780 est. $81 est. $245,694 245,694 est. Net (A -B-C) S(1,709,719 $(156,283) 482,252 411,510 Section IV. 2001 Monthly Security Operating Costs Month (2001) Security Operating Cost June $15,708 Jul $16,888 August $16,394 September $23,099 October $26,587 November $23,289 December $25,888 Section V. Ineligible Costs Resulting from New, Additional or Revised Security Requirements (Major security capital projects not covered by Section 119 ($175 million) or Section 121 (authorized $1.5 billion). Requirement/Project Cost Has this been budgeted for? If no, what source(s) of funds /rate base do you anticipate using? Terminal Reconfi - 'on/Retrofittin AIP $225,000 100% CTX accommodation $ ❑ yes ❑ no $7,029 Security Screening Checkpoints $ ❑ yes ❑ no Retained Earnings Parking Facility Reconfiguration $ ❑ yes 0 no % Security Perimeter Reconfiguration $ ❑ yes 0 no % Access Control Capital Costs $500,000 ❑ yes X no AIP fimds Additional Law Enforcement Capital Costs $ ❑ yes 0 no Baggage Systems Reconfiguration $ ❑ yes ❑ no Other: Electronic Gates $170,000 ❑ yes X no AIP fimds Other: Barricades $13,000 ❑ yes X no AIP funds Other: Vehicle (truck) with lights and radios $30,000 ❑ yes X no AIP fimds Total $713 000 Section VI. Financial Capacity /Capability to Absorb Increased Security Costs The intention of this section is twofold -- to determine if airports have already committed potential future funds in bond covenants and to determine the current ability of airports to make additional funds available for new security requirements. Funding Source Projected Amount for FY 2002 Percentage of Source Previously Committed Percentage of Source Still Available Total AIP $225,000 100% 0% = 100% PFC $7,029 100% 0% — 100% Retained Earnings $(12,872,647) 100% 0% % As of 12/31/01, what was the amount of your unrestricted cash reserves? $0 Section VII. Status of Airport Capital Improvement Plans It is important to understand what changes are being made to airport capital plans as a result of September 11 Project Location AIP Eligible Capital Costs % of AIP Projects Being Delayed Average Length of Delay Non AIP Eligible Capital Costs % of Non AIP Projects Being Delayed Average Length of Delay Airside $ % $ % Terminal $ % $ % Landside $ 1 % $ Total $ % $ % �°f TRA% DENVER AIRPORTS DISTRICT OFFICE 26805 EAST 68TH AVENUE, SUITE 224 DENVER, COLORADO 80249 -6361 4 Q (303) 342 -1254 y ' I AoEs of � FEDERAL AVIATION ADMINISTRATION PLEASE READ BEFORE EXECUTING GRANT March 26, 2002 Mr. Michael Occhiato, President Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Dear Mr. Occhiato: Enclosed are four copies of a grant offer for Airport Improvement Program Project No. 3 -08- 0046 -21 at the Pueblo Memorial Airport in which $110,314 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part H (Acceptance) by having the authorized officials execute the last page of the grant offer. Certification by the attorneys should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedure is not required by the Federal Aviation Administration. After execution and certification of the grant agreement, please return three copies to this office. The other copy is for your records. Sincerel , Jo Bauer, Acting Manager Denver Airports District Office Enclosures f U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I — Offer Date of Offer: 2 6 2002 Airport: Pueblo Memorial Project No: 3 -08- 0046 -21 Contract No: DOT- FA02NM -1016 TO: City of Pueblo, Colorado (herein called the "Sponsor ") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA ") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated January 18, 2002, for a grant of Federal funds for a project at or associated with the Pueblo Memorial Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project ") consisting of the following: "Compensation to the sponsor for a portion of the direct costs associated with new, additional, or revised security requirements imposed on the airport operator by the Administrator on or after September 11, 2001." as more particularly described in the Project Application, and protected as sensitive security information under 49 CFR Part 1520. NOW THEREFORE, pursuant to and for the purpose of carrying out the applicable provisions of Public Law 107 -117, providing funds for "grants -in -aid for airports" for reimbursement to airports of direct costs associated with additional or revised security requirements, herein called "the Act ", and in consideration of (a) the Sponsor's acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the terms and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 100 per centum thereof. This Offer is made on and subject to the following terms and conditions: Con_ 1. The maximum obligation of the United States payable under this Offer shall be $110,314. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the FAA shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. - The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the FAA shall prescribe, and agrees to comply with the terms and conditions which are made part of this grant offer. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before May 1, 2002, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the FAA as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the FAA. It shall furnish to the FAA, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the FAA. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this grant agreement. 9. It is hereby understood and agreed that: a. The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Order 11246 - Equal Employment Opportunityl Executive Order 12898 - Environmental Justice 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace(grants). OMB Circular A -87 - Cost Principles Applicable to Grants and Contracts with State And Local Governments. OMB Circular A -133 - Audits of States, Local Governments, and Non - Profit Organizations b. The Sponsor assures that It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings, terms and conditions contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. c. The Sponsor agrees it will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and conditions in the grant agreement without the written approval of the FAA, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Sponsor. This shall be done in a manner acceptable to the FAA. d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. e. The Sponsor agrees it shall make available to the FAA and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The FAA may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. f. The Sponsor agrees it will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program. g. The Sponsor agrees that none of the costs reimbursed from this agreement can be included in any rates charged to users of the airport and in the event that such costs have been included in rates charged by the airport to users, such rates shall be adjusted to reflect this reimbursement. If rates have been collected, such funds will be refunded to the users of the airport in the same amount as collected. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the terms and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITEqST TES O F AMERICA FED RYIATION ADMINISTRATION Actillanager, Denver Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all terms and conditions, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 22nd day of Apri 1 , 2002. CITY PUEBLO, COLORADO (SEAL) B Sponsors Designated Official Representative Title Pre of Cit,y Council Attest: Title: City Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I, % {tOhtAS 1f , �1 yq g acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at kd 4 _ �o n a o this R6 1 - 4 day of & k t L 2002. B y /iS.��A Signature of Spon r' Attorney