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File #: 23-1724    Version: 1
Type: Resolution Status: Adopted
File created: 11/5/2023 In control: Business, Arts, Workforce, Climate & Aviation Services Committee
On agenda: 11/27/2023 Final action: 11/27/2023
Title: A resolution approving a proposed Agreement between the City and County of Denver and DELTA AIR LINES, INC. concerning a Use and Lease Agreement to provide passenger services, with rates and charges, at Denver International Airport. Approves a use and lease agreement with Delta Air Lines Inc. applying rates and charges, and leasing space and gates, for a term of one year with 2 one-year extensions option at Denver International Airport (DEN), in Council District 11. 202371114-00. The last regularly scheduled Council meeting within the 30-day review period is on 12-18-2023. The Committee approved filing this item at its meeting on 11-15-2023.
Indexes: Melissa Mata
Attachments: 1. RR23-1724_DEN_DeltaAirLinesInc_11.3.pdf, 2. DEN_ Use and Lease Agreements_Presentation_15Nov23_Final, 3. 23-1724 Contract_DELTA AIR LINES, INC. - 202371114, 4. 23-1724 Filed Resolution_DELTA AIR LINES, INC., 5. 23-1724 Filed Resolution_DELTA AIR LINES, INC., 6. 23-1724_signed

Contract Request Template (Contracts; IGAs; Leases)

 

Date Submitted: 11-13-2023

 

Requesting Agency: DEN

                               Division:

 

Subject Matter Expert Name: Rita Aguilar
Email Address:
Rita.aguilar@flydenver.com <mailto:Rita.aguilar@flydenver.com>
Phone Number:

 

Item Title & Description:

(Do not delete the following instructions)

These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).

 

Both the title and description must be entered between the red “title” and “body” below.  Do not at any time delete the red “title” or “body” markers from this template.

title

A resolution approving a proposed Agreement between the City and County of Denver and DELTA AIR LINES, INC. concerning a Use and Lease Agreement to provide passenger services, with rates and charges, at Denver International Airport.

Approves a use and lease agreement with Delta Air Lines Inc. applying rates and charges, and leasing space and gates, for a term of one year with 2 one-year extensions option at Denver International Airport (DEN), in Council District 11. 202371114-00. The last regularly scheduled Council meeting within the 30-day review period is on 12-18-2023. The Committee approved filing this item at its meeting on 11-15-2023.

body

 

Affected Council District(s) or citywide?

Council District 11

Contract Control Number:

202371114-00

Vendor/Contractor Name (including any “DBA”):

Delta Air Lines Inc.

Type and Scope of services to be performed:

This request is for a new Use and Lease Agreement (ULA) allowing Delta to remain a signatory carrier at DEN for a term of one year with 2 one-year extensions.  The current contract expires December 31, 2023, and this new agreement updates the lease exhibits for Delta, including changes driven by the Great Hall and Concourse Expansion programs. 

To be classified as a Signatory air carrier, an airline must execute a Use and Lease Agreement with DEN and meet certain criteria set forth in DEN rules and regulations.  Based on their commitment to DEN, Signatory air carriers pay reduced rates and charges.  DEN currently has 23 passenger air carriers, of which 17 are seeking to continue their signatory status. Three carriers have long term signatory agreements through 2035, United, Southwest and Frontier. Three airlines are considered non-signatory carriers. DEN recently gained two new international airlines and we are working on their signatory agreements to send to council shortly.

Airline rates and charges are established on “cost recovery” concepts whereby the annual cost of operating DEN forms the basis for the rate, fee, or charge assessed to the airlines. The Airport recalculates airline rates and charges each year based on its operating budget, debt service, amortization and projected aviation activity levels and reconciled at year-end based on actuals “true-up.” The airline/airport use and lease agreement specify the types of costs that are used to calculate airline rates and charges. Examples of rates and charges include landing fee (fee for every time a plane lands on the runway), Terminal Complex rental rate (Per square foot rate to lease space in the Terminal (e.g., office, holdroom, ticketing)), concourse ramp, fee to recover the cost of leasing the ramp area associated with a gate, Automatic Guideway Transportation System (Passenger fee to use the train system between the terminal and concourses).

Location (if applicable):

 

WBE/MBE/DBE goals that were applied, if applicable (construction, design, Airport concession contracts):

N/A

Are WBE/MBE/DBE goals met (if applicable)?

N/A

Is the contract new/a renewal/extension or amendment?

new

Was this contractor selected by competitive process or sole source?

Sole Source

For New contracts

 

Current Contract Amount (A)

Additional Funds (B)

Total Contract Amount (A+B)

N/A

N/A

Rates and Charges

 

Current Contract Term

Added Time

New Ending Date

N/A

N/A

January 1, 2024 to December 31, 2024 with 2 one-year extension options

 

For Amendments/Renewals Extensions:

Is this a change to cost/pricing; length of term; terms unrelated to time or price (List all that apply)?

 

If length changing

What was the length of the term of the original contract?

 

What is the length of the extension/renewal?

 

What is the revised total term of the contract?

 

If cost changing

What was the original value of the entire contract prior to this proposed change?

 

What is the value of the proposed change?

 

What is the new/revised total value including change?

 

If terms changing

Describe the change and the reason for it (i.e. compliance with state law, different way of doing business etc.)