Grant No. 3-31-0109-017-2020C:'
Department Office of Airport Planning and Programming 800 Independence Ave, SW.
o Transportation Washington, DC 20591
Federal Aviation
Administration
March 7, 2021
Mr. Rodney Storm
Airport Manager
Blair Municipal Airport
218 South 16th Street
Blair, NE 68008
Dear Mr. Storm:
Grant Closeout Letter
CARES Act Airport Grant 3-31-0109-017-2020
Blair Municipal Airport
Grant closeout date: 03/3/2021
Final grant amount: $69,000
We hope the funding in this grant, made available under the Coronavirus Aid, Relief, and
Economic Security (CARES) Act, helped meet critical airport needs during the COVID-19
pandemic.
This notice of grant closeout is based on the airport sponsor having provided the following to
the Federal Aviation Administration (FAA):
1. A signed checklist summarizing grant expenses covered under the grant and certifying:
a. All expenses were incurred according to the FAA's Revenue Use Policy and 2 Code
Of Federal Regulations (CFR) Part 200;
b. Any equipment or services were procured in a manner consistent with the terms of the
grant; and
c. Operational grant expenses were incurred on or after January 20, 2020, and any debt
set vice payments were due on or after March 27, 2020.
2. A completed Standard Form 425, Federal Financial Report.
The FAA processed a final payment and the sponsor has met all administrative requirements.
There are no differences in the amount of funds requested by the sponsor and the amounts
paid out. If an audit reveals any issues, this grant will be re -opened until the outstanding
issues have been resolved.
K
Please be advised that in accordance with 2 CFR Part 1201, airport sponsors are required to
retain all supporting grant documentation for a minimum of 3 years from the date of the final
request for reimbursement. Because most grant obligations extend beyond 3 years, we
strongly encourage you to retain grant documentation for the life of the grant obligations.
Sincerely,
0
David F. Cushing
Manager
Airports Financial Assistance Division
AGENCY AGREEMENT
CARES Act -Only Funded Non -Development Grant
Grant No. 3-31-0109-017-2020
This is an agreement between the Blair Airport Authority, of Blair, Nebraska, hereinafter referred to as the
"Airport Sponsor" and the Nebraska Department of Transportation, Aeronautics Division, hereinafter
referred to as the "Department," made and entered into in accordance with, and for the purpose of,
complying with the laws of the State of Nebraska.
WHEREAS, the Coronavirus Disease 2019 (COVID-19), has resulted in significant damage to the
economy of the United States. In response, the US Congress has passed an economic rescue package called
The Coronavirus Aid, Relief, and Economic Security Act; known as the CARES Act; and
WHEREAS, the Federal Aviation Administration (FAA) has received funding from the United States
general fund, pursuant to the CARES Act, to assist airports in defraying a portion of that economic damage
in the form of 100% grants to be used for any lawful purpose for which airports are currently able to use
their funds; and
WHEREAS, the Airport Sponsor desires to utilize CARES Act funding for lawful purposes other than
airport planning, development, construction, or maintenance.
THEREFORE, the Airport Sponsor hereby designates the Department as its agent in accordance with §3-
124 and §3-239, Neb. Rev. Stat. (Reissue 2012, Cumulative Supp. 2018, and Supp. 2019), and the
Department hereby accepts such designation and agrees to act as the agent of the Airport Sponsor.
The Airport Sponsor hereby warrants, undertakes and agrees that if the Federal Aviation Administration
makes a grant offer, and the Airport Sponsor executes a Grant Agreement, it will manage said airport in the
manner set forth in the Grant Agreement and abide by the conditions, rules and regulations of the Federal
Aviation Administration.
The terms and conditions of this Agency Agreement and the respective duties, undertakings and
agreements of the parties with respect to this Agency Agreement, and with respect to the CARES Act grant,
are as follows:
A. The Department shall accept, receive, receipt for, and disburse all funds granted by the United States
for airport aid in accordance with federal laws, rules and regulations and in accordance with §3-101 to
§3-154 and §3-239, Neb. Rev. Stat. (Reissue 2012, Cumulative Supp. 2018, and Supp. 2019), as the
agent of the Airport Sponsor.
B. Upon receipt of such federal funds, the Department shall deposit them in the State Treasury, according
to law, and shall cause disbursement to be made therefrom as follows:
FIRST: If the Department advances funds to the Airport Sponsor as the equivalent of the United States'
share of allowable grant costs, the Department shall reimburse itself for any such advancement out of
such federal funds thereafter received.
SECOND: The Department shall cause the balance of such federal funds due the Airport Sponsor to be
paid promptly to the Airport Sponsor.
C. The Department shall maintain accurate records of all the funds received and expended by it in
connection with the grant. These records shall be open to inspection by the Airport Sponsor, the
Federal Aviation Administration and their authorized representatives in the offices of the Department at
all reasonable times.
D. The Airport Sponsor reserves the right, power and authority to execute the Application for Federal
Assistance, the federal Grant Agreement, all contracts and agreements arising from the Airport
Sponsor's use of CARES Act funds, and all amendments to these items. Aside from the matters so
reserved, the Department shall, as agent for the Airport Sponsor, process, execute and submit to the
Federal Aviation Administration all papers, forms and documents required by that agency for the
approval, carrying out and completion of the grant.
E. The Department agrees to furnish all services performed by it as agent of the Airport Sponsor,
including, but not limited to, the services set forth in the attached Exhibit A, "Administrative Services",
free of charge.
As used herein, the following words, terms and phrases shall have the meanings herein given:
"Application for Federal Assistance" means the document prepared as the formal application submitted to
the Federal Aviation Administration for a grant of federal funds.
"Develop" means to plan, construct or improve the airport as defined in the Application for Federal
Assistance.
"Grant Agreement" means the contract between the United States of America and the Airport Sponsor in
which the Federal Aviation Administration, on behalf of the United States, agrees to pay a portion of
the allowable costs of the grant.
Executed by the Nebraska Department of Transportation, Aeronautics Division this 29th day of April,
Secretary
-0 , 4.
C _ Director
day of A 0 o , 20 '�.
Cha1;r-man
EXHIBIT A
AGENCY AGREEMENT
ADMINISTRATIVE SERVICES
1. Prepare and secure execution of Applications for Federal Assistance and associated documents.
2. Prepare and process program changes.
3. Process Grant Agreements and amendments.
4. Review periodic pay estimates and forward federal funds to the Airport Sponsor.
5. Prepare applications, requests, transfers or letters of credit for Grant Agreement payments.
6. Prepare and/or process other federal documents not otherwise specifically covered above.
3-31-0109-017-2020
Us. Department
of Transportation Airports Division FAA ACE -600
Central Region 901 Locust
Federal Aviation Iowa, Kansas, Missouri, Nebraska Kansas City, MO 64106
Administration
June 4, 2020
Mr. Rodney Storm
Airport Manager
Blair Municipal Airport
218 South 16Th St
Blair, NE 68008
Dear Mr. Storm:
Please find the following electronic CARES Act Grant Offer, Grant No. 3-31-0109-017-2020 for
Blair Municipal 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 grant to the individual signing
the grant; i.e. the sponsor's authorized representative.
b. The sponsor's authorized representative must execute the grant, followed by the attorney's
certification, no later than July 4, 2020 in order for the grant to be valid.
c. You may not make any modification to the text, terms or conditions of the grant offer.
d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then
the grant offer will be automatically routed via email to the sponsor's attorney. Once the
attorney has digitally attested to the grant, the FAA will email a copy of the executed grant
to all parties.
Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under
this grant must be made electronically via the Delphi eInvoicing System. Please see the attached
Grant Agreement for more information regarding the use of this System. The terms and conditions
of this agreement require you drawdown and expend these funds within four years.
An airport sponsor may use these finds for any purpose for which airport revenues may be
lawfully used. CARES grant recipients should follow the FAA's Policy and Procedures
Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64
FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy
defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use
Policy, the CARES Act states the finds may not be used for any purpose not related to the airport.
With each payment request you are required to upload directly to Delphi:
• An invoice summary, even if you only paid a single invoice and
• The documentation in support of each invoice covered in the payment request.
e,
3-31-0109-017-2020
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 narrative report.
The narrative report will summarize the expenses covered by the CARES Act funds and state that
all expenses were in accordance with the FAA's Policy and Procedures Concerning the Use of
Airport Revenues and incurred after January 20, 2020.
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.
Once you have drawn down all funds and uploaded the required documents to Delphi, please
email me to close the grant. I am readily available to assist you and your designated representative
with the requirements stated herein. We sincerely value your cooperation in these efforts.
Sincerely,
Douglas R. Anderson
Nebraska State Planner
U.S. Department
of Transportation
Federal Aviation
Administration
Federal Award Offer Date
Airport/Planning Area
CARES Grant Number
Unique Entity Identifier
TO: Blair Airport Authori
(herein called the "Sponsor")
CARES ACT AIRPORT GRANT AGREEMENT
PART I —OFFER
June 4, 2020
Blair Municipal
3-31-0109-017-2020
144735474
3-31-0109-017-2020
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 Coronavirus Aid, Relief, and Economic Security Act
(CARES Act or "the Act") Airports Grants Application (herein called the "Grant") dated April 22, 2020, for a
grant of Federal funds at or associated with the Blair Municipal Airport, which is included as part of this
Grant Agreement; and
WHEREAS, the Sponsor has accepted the terms of FAA's Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the
FAA has approved the Grant Application for the Blair Municipal Airport (herein called the "Grant")
consisting of the following:
This Grant is provided in accordance with the CARES Act, as described below, to provide eligible Sponsors
with funding to help offset a decline in revenues arising from diminished airport operations and activities
as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts to specific
airports are derived by legislative formula.
The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided under this
Grant Agreement must only be used for purposes directly related to the airport. Such purposes can
include the reimbursement of an airport's operational and maintenance expenses or debt service
payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance
expenses directly related to Blair Municipal incurred no earlier than January 20, 2020. CARES Act Airport
Grants also may be used to reimburse a Sponsor's payment of debt service where such payments occur
on or after April 14, 2020. Funds provided under the Grant will be governed by the same principles that
govern "airport revenue." New airport development projects may not be funded with this Grant, unless
and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and
authorizes the use of funds for the airport development project.
NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law Number
116-136, the representations contained in the Grant Application, and in consideration of, (a) the
Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public
3
3-31-0109-017-2020
from the accomplishment of the Grant and in compliance with the conditions 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 as a result of and in
accordance with this Grant Agreement.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$69,000.00.
2. Period of Performance. The period of performance shall commence on the date the Sponsor formally
accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days)
from the date of acceptance.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the
period of performance (2 CFR § 200.309). 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 90 calendar days after the end date of the period of performance (2 CFR §
200.343).
The period of performance end date shall not affect, relieve or reduce Sponsor obligations and
assurances that extend beyond the closeout of this Grant Agreement.
3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has
determined to be unallowable under the CARES Act,
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for
Sponsor direct salaries and wages only.
5. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%.
6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must
carry out and complete the Grant without undue delays and in accordance with this Grant
Agreement, the CARES Act, and the regulations, policies, standards and procedures of the Secretary of
Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA
any disengagement from funding eligible expenses under the Grant that exceeds three months and
request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor
agrees to comply with the attached assurances, which are part of this agreement and any addendum
that may be attached hereto at a later date by mutual consent.
7. 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.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part
of the costs unless this offer has been accepted by the Sponsor on or before July 4, 2020
or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds. The Sponsor must 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, including uses that violate this Grant Agreement, the CARES Act or
4
3-31-0109-017-2020
other provision of applicable law. 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(s). The Sponsor must return the recovered Federal share,
including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must
furnish to the Secretary, 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 require advance approval by the Secretary.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or relate to this Grant Agreement,
including, but not limited to, any action taken by a Sponsor related to or arising from, directly or
indirectly, this Grant Agreement.
11. System for Award Management (SAM) Registration And Universal Identifier Unless the Sponsor is
exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this Grant,
or receives the final payment, whichever is later. This requires that the Sponsor review and update
the information at least annually after the initial registration and more frequently if required by
changes in information or another award term. Additional information about registration procedures
may be found at the SAM website (currently at http://www.sam.gov).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any expense which funds are provided under this Grant. The
Sponsor will include a provision implementing applicable Buy American statutory and regulatory
requirements in all contracts related to this Grant Agreement.
15. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must provide a
copy of an audit of this Grant prepared in accordance with accepted standard audit practices, such
audit to be submitted to the applicable Airports District Office.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program -specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/ . Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA.
17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200, the Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management (SAM) to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting the entity is not
excluded or disqualified from participating; or
3-31-0109-017-2020
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier
transactions (e.g. sub -contracts).
C. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a
covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity.
18. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30,
2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of, the Federal government, including work relating to this Grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,
such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts and subcontracts.
19. Trafficking in Persons.
A. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not —
1. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the award.
B. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subrecipient that is a private entity –
1. Is determined to have violated a prohibition in paragraph A of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph A.1 of this award term through conduct that is either—
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government -wide Debarment and Suspension
(Non procurement),"as implemented by the FAA at 2 CFR Part 1200.
3. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph A during this award term.
6
3-31-0109-017-2020
4. Our right to terminate unilaterally that is described in paragraph A of this section:
a. Implements section 106(8) of the Trafficking Victims Protection Act of 2000 (NPA), as
amended (22 U.S.C. § 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available to the FAA under
this award.
20. Employee Protection from Reprisal.
A. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub -paragraph (A)(2), information that the employee reasonably believes is
evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety; or
e. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is
covered are as follows:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal office or employee responsible for oversight of a grant program;
e. A court or grand jury;
f. A management office of the grantee or subgrantee; or
g. A Federal or State regulatory enforcement agency.
I Submission of Complaint — A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG) for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General —Actions, limitations, and exceptions of the Inspector
General's office are established under 41 U.S.C. § 4712(b).
6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the Office of Inspector General, the person submitting a
complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c).
21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of
any Federal grant agreement(s), including all terms and assurances related thereto, that have been
entered into by the Sponsor and the FAA prior to the date of this Grant Agreement.
3-31-0109-017-2020
SPECIAL CONDITIONS
22. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will:
A. House and maintain the equipment in a state of operational readiness on and for the airport;
B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment;
C. Restrict the vehicle to on -airport use only;
D. Restrict the vehicle to the use for which it was intended; and
E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of
a vehicle and equipment.
23. Equipment or Vehicle Replacement. The Sponsor agrees that it will treat the proceeds from the
trade-in or sale of equipment being replaced with these funds as airport revenue.
24. Off -Airport Storage of ARFF Vehicle. The Sponsor agrees that it will:
A. House and maintain the vehicle in a state of operational readiness for the airport;
B. Provide the necessary staffing and training to maintain and operate the vehicle;
C. Restrict the vehicle to airport use only;
D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle;
E. Within 60 days, execute an agreement with local government including the above provisions and
a provision that violation of said agreement could require repayment of Grant funding; and
F. Submit a copy of the executed agreement to the FAA.
25. Equipment Acquisition. The Sponsor agrees that it will maintain Sponsor -owned and -operated
equipment and use for purposes directly related to the airport.
26. Utilities Proration. For purposes of computing the United States' share of the allowable airport
operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate
and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital
or operating costs of the airport.
27. Utility Relocation in Grant. The Sponsor understands and agrees that:
A. The United States will not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for
payment of such costs;
B. FAA participation is limited to those utilities located on -airport or off -airport only where the
Sponsor has an easement for the utility; and
C. The utilities must serve a purpose directly related to the Airport.
28. Agency Agreement: The FAA in tendering this offer on behalf of the United States recognizes the
existence of an agency relationship between the Blair Airport Authority, as principal, and the
Nebraska Department of Transportation, Aeronautics Division, as agent, created by the Agency
Agreement entered into on May 19, 2020, The Sponsor agrees that it will not amend, modify or
terminate said Agency Agreement without prior approval in writing of the FAA.
8
3-31-0109-017-2020
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 CARES Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
the accomplishment of the Grant and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
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 anytime.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Pt 04, �a4jag
(Signature)
Jim A. Johnson
(Typed Name)
Director, Central Region Airports Division
(Title of FAA Official)
9
3-31-0109-017-2020
PART I I -ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Grant Application and incorporated materials referred to in
the foregoing Offer under Part II of this Agreement, 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 Grant
Application.
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.
Dated June 8, 2020
Blair Airport Authority
(Name of Sponsor)
Rodney Storni (Jul) 8, 2020 10:05 COT)
(Signature of Sponsor's Authorized Official)
By: Rodney Storm
(Typed Name of Sponsor's Authorized Official)
Title: Airport Manager
(Title of Sponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Desirae Solomon , 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 Nebraska . 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 CARES Act, The Sponsor understands funding made available under this
Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and
debt service payments. The Sponsor further understands it may submit a separate request to use funds
for new airport/project development purposes, subject to additional terms, conditions, and assurances.
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.
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
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3-31-0109-017-2020
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.
Dated June 8, 2020
[)—, rae anon t jun 8; 2020 11.49 —CD I7
(Signature of Sponsor's Attorney)
11
CARES ACT ASSURANCES
AIRPORT SPONSORS
A. General.
3-31-0109-017-2020
1. These assurances are required to be submitted as part of the application by sponsors requesting
funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020
(CARES Act or "the Act"), Public Law Number, Public Law 116-136. As used herein, the term
"public agency sponsor" means a public agency with control of a public -use airport; the term
"private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes
both public agency sponsors and private sponsors.
2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated into and
become part of this Grant Agreement.
B. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this Grant that:
It 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
Grant including but not limited to the following:
FEDERAL LEGISLATION
a. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
b. Hatch Act — 5 U.S.C. f01, et seq.
C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42
U.S.C. 4601, et seq.
d. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
e. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.
f. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea.
g. Clean Air Act, P.L. 90-148, as amended.
h. Coastal Zone Management Act, P.L. 93-205, as amended.
i. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
J. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
k. Rehabilitation Act of 1973 - 29 U.S.C. 794.
I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
m. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
n. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
o. American Indian Religious Freedom Act, P.L. 95-341, as amended.
p. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg,
q. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.
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r. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.
S. Copeland Anti -kickback Act - 18 U.S.C. 874.1.
t. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.
u. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
V. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.
w. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
x. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-
282, as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction
f. Executive Order 12898 - Environmental Justice
g. Executive Order 13788 - Buy American and Hire American
h. Executive Order 13858 - Strengthening Buy -American Preferences for Infrastructure Projects
FEDERAL REGULATIONS
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment.
d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government
Services.
e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
f. 29 CFR Part 1- Procedures for predetermination of wage rates.
g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.
h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed
and assisted construction (also labor standards provisions applicable to non -construction
contracts subject to the Contract Work Hours and Safety Standards Act).
i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted contracting requirements).
j. 49 CFR Part 20 - New restrictions on lobbying.
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k. 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.
1. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of
Transportation Program .49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance.
m. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
n. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
o. 49 CFR Part 32 - Government -wide Requirements for Drug -Free Workplace (Financial
Assistance).
p. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA).
q. 49 CFR Part 41- Seismic safety of Federal and Federally assisted or regulated new building
construction.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations, or
circulars are incorporated by reference in this Grant Agreement.
1. Purpose Directly Related to the Airport
It certifies that the reimbursement sought is for a purpose directly related to the airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that
an official decision has been made by the applicant's governing body authorizing the filing of the
application, including all understandings and assurances 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.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed Grant
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Good Title.
It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,
to the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
4. Preserving Rights and Powers.
a. 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, conditions, and assurances in this Grant
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Agreement without the written approval of the Secretary, 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
Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure
that the airport will continue to function as a public -use airport in accordance with this Grant
Agreement.
c. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations, and the terms and conditions of this
Grant Agreement.
5. Accounting System, Audit, and Record Keeping Requirements.
It shall keep all Grant accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the Grant in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
Grant supplied by other sources, and such other financial records pertinent to the Grant. 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.
b. It shall make available to the Secretary 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 this Grant. The
Secretary 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 Grant in connection with which this 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.
6. Exclusive Rights.
The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant
has been expended. However, providing services at an airport by only one fixed -based operator is
not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide the services; and
b. allowing more than one fixed -based operator to provide the services requires a reduction
in space leased under an agreement existing on September 3, 1982, between the
operator and the airport.
7. Airport Revenues.
This Grant shall be available for any purpose for which airport revenues may lawfully be used.
CARES Act Grant funds provided under this Grant Agreement will only be expended for the capital
or operating costs of the airport; the local airport system; or other local facilities which are owned
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or operated by the owner or operator of the airports) subject to this agreement and all
applicable addendums.
8. Reports and Inspections.
It will:
submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
in a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes
for which each such payment was made; and
2. all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service and
property.
9. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b)
and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all
facilities, or conduct all programs in compliance with all non-discrimination requirements
imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other Federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
Facilities. Where it receives a grant or other Federal financial assistance to
construct, expand, renovate, remodel, alter, or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of, real property or an interest in
real property, the assurance will extend to rights to space on, over, or under such
property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which
Federal financial assistance is extended to the program, except where the Federal
financial assistance is to provide, or is in the form of, personal property, or real property,
or interest therein, or structures or improvements thereon, in which case the assurance
obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the
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provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests for Proposals for work, or material under this Grant and in all proposals for
agreements, including airport concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that for any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award."
d. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with
the acts and regulations relative to non-discrimination in Federally -assisted
programs of the DOT, and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-
discrimination in Federally -assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the
land, in any deed from the United States effecting or recording a transfer of real
property, structures, use, or improvements thereon or interest therein to a
sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the
basis of race, color, national origin, creed, sex, age, or handicap as a covenant
running with the land, in any future deeds, leases, license, permits, or similar
instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, grant, or program; and
b. For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, grant, or
program.
e. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -
grantees, contractors, subcontractors, consultants, transferees, successors in interest,
and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to
any matter arising under the acts, the regulations, and this assurance.
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10, Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any activity that uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
11. Acquisition Thresholds.
The FAA deems equipment to mean tangible personal property having a useful life greater than
one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro -
purchase means the acquisition of goods or services for which the aggregate dollar amount does
not exceed $10,000. Procurement by small purchase procedures means those relatively simple
and informal procurement methods for securing goods or services that do not exceed the
$250,000 threshold for simplified acquisitions.
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