HomeMy WebLinkAbout09912ORDINANCE NO. 9912
AN ORDINANCE APPROVING AND ACCEPTING THE AIRPORT
CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP)
CONCESSIONS RELIEF ADDENDUM NO. 3-08-0046-043-2021
FROM THE UNITED STATES OF AMERICA ACTING THROUGH
THE FEDERAL AVIATION ADMINISTRATION FOR FUNDS IN
THE AMOUNT OF $2,619 TO PROVIDE RELIEF FROM RENT TO
ELIGIBLE AIRPORT CONCESSIONS AT PUEBLO MEMORIAL
AIRPORT, AUTHORIZING THE MAYOR TO EXECUTE SAME,
ESTABLISHING THE CORONAVIRUS CONCESSIONS
ADDENDUM PROJECT NO. AP2103, AND BUDGETING AND
APPROPRIATING $2,619 TO PROJECT NO. AP2103
WHEREAS, the City of Pueblo has been awarded a grant under the Airport Coronavirus
Relief Grant Program (ACRGP) and received a Concessions Relief Addendum from the United
States of America acting through the Federal Aviation Administration; and
WHEREAS, a project needs to be established and the funds budgeted and appropriated;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Airport Coronavirus Relief Grant Program (ACRGP) Concessions Relief Addendum
No. 3-08-0046-043-2021 (the “Addendum”), by and between the City of Pueblo, a Municipal
Corporation, and the United States of America acting through the Federal Aviation Administration,
making available $2,619.00 in federal funds to provide relief from rent to eligible airport
concessions at the Pueblo Memorial Airport, a copy of which is attached hereto and made a part
hereof by reference, after having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The Mayor is hereby authorized to execute the Addendum in the name and on behalf of
the City of Pueblo, where the Mayor may execute the Addendum by electronic signature and such
electronic signature shall be attributable to the Mayor and the City of Pueblo.
SECTION 3.
The Coronavirus Concessions Addendum Project No. AP2103 is hereby established.
SECTION 4.
Funds in the amount of $2,619.00 shall be accepted pursuant to the Addendum and
budgeted and appropriated to the Coronavirus Concessions Addendum Project No. AP2103.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the Addendum to implement the policy and procedures described therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 12, 2021 .
Final adoption of Ordinance by City Council on April 26, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on May 3, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 12, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Belinda Kimball, Acting City Clerk
FROM: Greg Pedroza, Interim Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING THE AIRPORT
CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP) CONCESSIONS RELIEF
ADDENDUM NO. 3-08-0046-043-2021 FROM THE UNITED STATES OF
AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION
FOR FUNDS IN THE AMOUNT OF $2,619 TO PROVIDE RELIEF FROM RENT
TO ELIGIBLE AIRPORT CONCESSIONS AT PUEBLO MEMORIAL AIRPORT,
AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING THE
CORONAVIRUS CONCESSIONS ADDENDUM PROJECT NO. AP2103, AND
BUDGETING AND APPROPRIATING $2,619 TO PROJECT NO. AP2103
SUMMARY:
This Ordinance will approve and accept an Airport Coronavirus Relief Grant Program (ACRGP)
Concessions Relief Addendum from the United States of America acting through the Federal
Aviation Administration (FAA) to provide relief from rent to eligible airport concessions at the
Pueblo Memorial Airport. It also establishes Project No. AP2103 and appropriates funding for this
project.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND
This grant is in accordance with the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA Act), Division M of Public Law 116-260, and will provide relief from
rent and minimum annual guarantee obligations to each eligible airport concession at Pueblo
Memorial Airport. At this time, the only eligible concession at the Airport is the restaurant. The
restaurant operator entered into an agreement with the City on January 1, 2020. In consideration
of the Pandemic, rent forgiveness has been negotiated. These funds will help off-set the loss of
revenue to the City.
FINANCIAL IMPLICATIONS:
The grant is for $2,619.00 and requires no matching funds.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the addendum will not be accepted from the federal
government.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Ordinance
ACRGP Concessions Relief Addendum
Grant Certification Memo
U.S. Department FAA DEN ADO
Airports Division
of Transportation 26805 E 68th Ave, Suite 224
Northwest Mountain Region
Federal Aviation Denver, CO 80249
Colorado, Utah, Wyoming
Administration
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Honarable NicholaS A. Gradisar
Mayor, City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
SUBJECT: Airport Coronavirus Response Grant Program (ACRGP) Concessions Addendum
Dear Mayor Gradisar:
Please find the following electronic ACRGP Concessions Relief Addendum Offer, Addendum No. 3-08-
0046-043-2021 for Pueblo Memorial Airport. This letter outlines expectations for success. Please read
and follow the instructions carefully.
To properly enter into this agreement, you must do the following:
a. The governing body must provide authority to execute the addendum to the individual signing the
b.
certification, no later than April 30, 2021 in order for the addendum to be valid.
c. You may not make any modification to the text, terms or conditions of the addendum offer.
d. The addendum offer must be digitally
attested to the addendum, an email with the executed addendum will be sent to all parties.
Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this
addendum must be made electronically via the Delphi eInvoicing System. The terms and conditions of
this agreement require you drawdown and expend these funds within four years.
An airport sponsor may use these funds to provide relief from rent and minimum annual guarantees
(MAG) to on-airport car rental, on-airport parking, and in-terminal concessions.
With each payment request you are required to upload a summary directly to Delphi. The summary
should include at least the list of concessions, baseline numbers for proportional calculations, amount of
rent and MAG relief, and the consultation date with any Airport Concession Disadvantaged Business
Enterprise. Please refer to the ACRGP Frequently Asked Questions for further information
For the final payment request, in addition to the requirement listed above for all payment requests, you
are required to upload directly to Delphi:
A final financial report summarizing all of the costs incurred and reimbursed, and
An SF-425, and
A closeout report (A sample report is available here).
1
Until the addendum is completed and closed, you are responsible for submitting a signed/dated SF-425
annually, due 90 days after the end of each federal fiscal year in which this addendum is open (due
December 31 of each year this addendum is open).
As a condition of receiving Federal assistance under this award, you must comply with audit
requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend
$750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note
that this includes Federal expenditures made under other Federal-assistance programs. Please take
appropriate and necessary action to assure your organization will comply with applicable audit
requirements and standards.
Ron Niehoff is the assigned program manager for this grant and is readily available to assist you and
your designated representative with the requirements stated herein. If you should have any questions,
please contact Ron Niehoff at Ron.Niehoff@faa.gov.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
{{Sig_es_:signer1: signature}}
John P. Bauer
Manager, Denver Airports District Office
2
3-08-0046-043-2021
U.S. Department
of Transportation
Federal Aviation
Administration
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP)
CONCESSIONS RELIEF ADDENDUM
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Airport/Planning Area Pueblo Memorial Airport
ACRGP Addendum Number 3-08-0046-043-2021 \[Contract No. DOT-FA21NM-K1012\]
Unique Entity Identifier 01-062-0284
TO: City of Pueblo, Colorado
-Sponsors, list all Co-
this Concessions Relief Addendum also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
WHEREAS, the Sponsor has submitted to the FAA an application dated February 22, 2021 to amend
ement 3-08-
0046-042-2021 to provide relief from rent and minimum annual guarantees (MAG) obligations to each
eligible airport concession at Pueblo Memorial Airport, in accordance with the Coronavirus Response
-260, Division M;
WHEREAS, the FAA has agreed with the Sponsor to amend its ACRGP Grant Agreement 3-08-0046-042-
2021 to further allocate $2,619 to fund Concession Relief as defined below;
WHEREAS, the Sponsor has accepted the ter
WHEREAS, in consideration of the promises, representations, and assurances provided by the Sponsor,
the FAA has approved the ACRGP Concessions Relief Addendum Application for the Pueblo Memorial
Airport
WHEREAS, no other terms, conditions, or assurances of the 3-08-0046-042-2021 shall be negated as a
result of this ACRGP Concessions Relief Addendum;
WHEREAS, this ACRGP Concessions Relief Addendum hereby amends 3-08-0046-042-2021 for the
purpose of adding $2,619 for Pueblo Memorial Airport to use to provide relief from rent and minimum
annual guarantees (MAG) obligations, as applicable, to each eligible airport concession in an amount
3
3-08-0046-043-2021
of the total amount of the rent and
MAGs of all eligible airport concessions at Pueblo Memorial Airport as further defined herein, for relief
provided no earlier than December 27, 2020, until the specified Concession Relief funds have been fully
expended.
NOW THEREFORE, in accordance with the applicable provisions of the Coronavirus Response and Relief
Appropriations Act, Public Law 116-260, Division M, the representations contained in the ACRGP
Concessions Relief Addendum Application, and in consideratio
Offer for an ACRGP Concessions Relief Addendum, the terms, conditions, and assurances of which are
hereby attached to and made part of the terms, conditions, and assurances agreed to under 3-08-0046-
042-2021 and, (b) the benefits to accrue to the United States and the public from the accomplishment of
the ACRGP Concession Relief Addendum, and in compliance with the conditions and requirements as
herein provided
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 100% percent of the allowable costs incurred accomplishing ACRGP
Concessions Relief as a result of and in accordance with this ACRGP Concession Relief Addendum.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:
CONDITIONS
ADDENDUM TO AIRPORT CORONAVIRUS RELIEF GRANT AGREEMENT 3-08-0046-042-2021
1a. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$2,619 to be provided to the airport sponsor for rent relief provided to eligible airport concessions
as described herein.
2a. Period of Performance. This ACRGP Concessions Relief Addendum is subject to the following federal
award requirements:
a. This Addendum does not change the period of performance date prescribed in the ACGRP
Grant Agreement 3-08-0046-042-2021.
b. This Addendum does not change the budget period prescribed in the ACGRP Grant
Agreement 3-08-0046-042-2021.
c. Close out and Termination.
1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant
closeout documentation and liquidate (pay-off) all obligations incurred under this
award no later than 120 calendar days after the end date of the period of
performance. If the Sponsor does not submit all required closeout documentation
within this time period, the FAA will proceed to close out the grant within one year
of the period of performance end date with the information available at the end of
120 days. (2 CFR § 200.344)
2. The FAA may terminate this ACRGP Concessions Relief Addendum, in whole or in
part, in accordance with the conditions set forth in 2 CFR § 200.340.
3a. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
4
3-08-0046-043-2021
4a.Offer Expiration Date.This offer will expire andthe United States will not be obligated to pay any
part of the costs of the Concessions Relief unless this offer has been accepted by the Sponsor on or
before April 30, 2021, or such subsequent date as may be prescribed in writing by the FAA.
5a. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Concessions Relief Addendum electronically via the Delphi eInvoicing
System for Department of Transportation (DOT) Financial Assistance Awardees.
SUPPLEMENTAL TO ACRGP GRANT AGREEMENT 3-08-0046-042-2021
CONDITION FOR AIRPORT CONCESSIONS RELIEF -
1. ACRGP Concessions Relief. The Sponsor agrees that it will use the funds in this ACRGP Concessions
Relief Addendum allocated specifically to cover lawful expenses to provide relief from rent and
minimum annual guarantee obligations to on airport car rental, on-airport parking, and in-terminal
49, Code of Federal Regulations, in accordance with the CRRSA Act, Public Law 116-260, Division M,
Title IV. Use of these funds shall be governed by the following specific conditions defined in the
CRRSA Act:
a. Relief provided to Concessions must equal the total amount of funds allocated for Concessions
under this ACRGP Concessions Relief Addendum, to the extent practicable and to the extent
permissible under state laws, local laws, and applicable trust indentures;
b. Relief provided to Concessions from rent and minimum annual guarantee obligations to each
proportional share of the total amount of the rent and minimum annual guarantees of all the
eligible airport concessions at such airport;
c. Relief provided to Concessions shall be prioritized to minority-owned businesses, to the extent
permissible;
d. Relief shall only be provided to Concessions that have certified they have not received a second
draw or assistance for a covered loan under Section 7(a)(37) of the Small Business Act (15
U.S.C. 636(a)(37)) that has been applied toward rent or minimum annual guarantee costs; and
e. Each Concession provided relief with these funds shall certify to the Sponsor it will not apply for
a covered loan as described above for rent or minimum annual guarantee costs.
The Sponsor agrees that it will provide the FAA with reporting data in lieu of invoices to be
reimbursed for eligible expenses as described herein and certify data submitted is true and correct.
The FAA will provide reporting options for the Sponsor. The Sponsor may not use funds allocated
for Concessions for other airport purposes except that the Sponsor may retain up to two percent of
the amount allocated for Concession relief purposes in this ACRGP Concession Relief Addendum to
administer the Concession relief program. Funds not expended under this condition are subject to
recovery by FAA.
5
3-08-0046-043-2021
Addendum Application incorporated herein shall be evidenced by execution of this instrument by the
Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise an ACRGP Concessions
Relief Addendum, as provided by the CRRSA Act, constituting the contractual obligations and rights of
the United States and the Sponsor with respect to the accomplishment of the Concessions Relief and
compliance with the conditions as provided herein. Further, this ACRGP Concessions Relief Addendum
shall be attached to ACRGP 3-08-0046-042-2021, inclusive of all terms, conditions, and assurances
provided there, and become effective upon the Spo
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1: signature}}
(Signature)
John. P. Bauer
(Typed Name)
Manager, Denver Airports District Office
(Title of FAA Official)
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the ACRGP Concessions Relief Addendum Application and
incorporated materials referred to in the foregoing Offer under this ACRGP Concessions Relief
Addendum, and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditions in this Offer. Furthermore, the Sponsor acknowledges all terms, conditions and
assurances in this ACRGP Concessions Relief Addendum are hereby attached to any ACRGP Grant
Agreements previously or concurrently executed for any other purpose.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.
6
3-08-0046-043-2021
Executed this {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}}
CITY OF PUEBLO, COLORADO
(Name of Sponsor)
{{Sig_es_:signer2: signature}}
{{N_es_:signer2: fullname}}
By:
{{*Ttl_es_:signer2: title}}
Title:
7
3-08-0046-043-2021
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing ACRGP Concessions Relief
Addendum under the laws of the State of Colorado. Further, I have examined the foregoing ACRGP
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 CRRSA Act. In addition, for grants involving
Concessions Relief to be carried out by the Sponsor, there are no legal impediments that will prevent full
performance by the Sponsor. The Sponsor understands funding made available under this ACRGP
Concessions Relief Addendum may only be used for the Concessions Relief prescribed in the Act and
identified herein. The Sponsor acknowledges all terms, conditions and assurances in this ACRGP
Concessions Relief Addendum are hereby attached to any ACRGP Grant Agreements previously or
concurrently executed for any other purpose. Further, it is my opinion that the said ACRGP Grant
Agreement and the ACRGP Concessions Relief Addendum attached hereto constitute a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}}
By:
{{Sig_es_:signer3: signature}}
8