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2012-03Resolution No. 2012-03 EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE BLAIR AIRPORT AUTHORITY OF BLAIR, NEBRASKA, SPONSOR OF BLAIR MUNICIPAL AIRPORT, HELD ON February 21., 2612 The following resolution was introduced by Dr. D. Johnson read in full, seconded by L. Hav�ost moved Dr. D. Johnson and considered: A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AGENCY AGREEMENT WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA FOR PROJECT NO. DO TO BE SUBMITTED BY THE DEPARTMENT TO THE FEDERALAVIATION ADMINISTRATION TO OBTAIN FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF THE AIRPORT: Be it resolved by the'Chair(man) and members of the Blair Airport Authority of Blair, Nebraska, that: 1. The Airport Authority 'shall enter into an Agency Agreement with the Department of Aeronautics for Project No. DOI for the purpose of obtaining Federal assistance in the development of the Airport and that such agreement shall be set forth hereinbelow. 2. The Chair(man) of the Airport Authority is hereby authorized and directed to execute said Agency Agreement on behalf of the Airport Authority, and the Secretary is hereby authorized to attest said execution. 3. The said agreement, referred to hereinabove, is inserted in full and attached herewith, and made a part hereof as Exhibit "O". Upon calling for a vote on the resolution, all voted yea, and none voted nay, and the resolution therefore wasdec aced passed and approved on February 21 2012. ATTEST: S cretary Chairman 2198 X. �� 'W', " 011 AGENCY AGREEMENT Project No. DO1 This is an agreement between the Blair Airport Authority of Blair, Nebraska, hereinafter referred to as the "Airport Sponsor" and the Nebraska Department of Aeronautics, 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. The Airport Sponsor desires to develop the Blair Municipal Airport and to use federal airport aid funds available for that purpose. Therefore, the Airport Sponsor hereby designates the Department as its agent in accordance with Sections 3-124 and 3-239, Neb. Rev. Stat. (Reissue 2.007), and the Department hereby accepts such designation and agrees to act as the agent of the Airport Sponsor. It is mutually understood and agreed between the parties that the Airport Sponsor has submitted to the Department its proposed project for the development of said airport, and that such project has been approved by the Department, in accordance with Section 3-239, Neb, Rev. Stat. (Reissue 2007). 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 develop and 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 project of airport development, 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 Sections 3-101 to 3-154 and 3-239, Neb. Rev. Stat. (Reissue 2007), 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 project cost, 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 - 1 - 2-98 HU 111 `_ 11 KE X connection with the project. 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 construction and engineering contracts, all agreements related to the purchase of land 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 project. E. The Airport Sponsor agrees to reimburse the Department for its administrative costs of furnishing 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". Departmental administrative costs charged to the project are considered allowable costs for federal and state participation. These costs will be charged according to the "Schedule of Fees and Charges" shown in the attached Exhibit B, which schedule shall be subject to change upon notification in writing by the Department to the Airport Sponsor. 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. "Project" means a plan of action for the accomplishment of specific airport developments. "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 project. Executed by the Nebraska Department of Aeronautics this 23`d day of January, 2012. (SEAL) Q��\ .N Execut,t the Airport Sponsor this Secretary �. �d Director day of W �, , 20_ 1 Chairman _ 2 _ 2-98 EXHIBIT A AGENCY AGREEMENT ADMINISTRATIVE SERVICES 1. Conduct airport site inspections. 2. Review and secure federal approval of Airport Layout Plans (ALP). 3. Prepare and process CIP Data Sheets and related documents used to request an allocation of federal funds, if requested by the Sponsor. 4. Assist in the preparation and processing of Environmental Impact Statements and other environmental studies. 5. Review and process land acquisition documents, title opinions, sponsor certifications and audit reports. 6. Prepare an independent cost analysis of consultant costs, if requested by the Sponsor. 7. Prepare a Disadvantaged Business Enterprise (DBE) Program, if requested by the Sponsor and represent the Sponsor in the DBE Unified Certification Program. 8. Review, process, and secure federal approval of all contracts and agreements, change orders and amendments to these agreements. 9. Attend pre -design conferences and conduct design (plan -in -hand) inspections. 10. Review and process the plans, specifications, special provisions and contract documents. Provide U.S. Labor Department wage rate determinations. 11. Attend prebid and preconstruction conferences. 12. Prepare and secure execution of Applications for Federal Assistance and associated documents. Prepare and process program changes. 13. Process Grant Agreements and amendments. 14. Review periodic pay estimates and forward federal funds to the Airport Sponsor. 15. Prepare applications, requests, transfers or letters of credit for Grant Agreement payments. 16. Conduct or participate in periodic and final inspections. 17. Prepare and/or process other federal documents not otherwise specifically covered above. - Exhibit A - 2-98 EXHIBIT B AGENCY AGREEMENT SCHEDULE OF FEES AND CHARGES A. Salary Costs. Charges will be the monthly rate worked times an overhead/benefits factor for the following positions: Engineer VI Engineering Associate (all)* Engineer V Engineering Aide (all)* Engineer IV Accountant (all) Engineer III Accounting Clerk* Engineer II* Attorney (all) Engineer I* Drafter (all)* The overheadibenefits factor will be determined annually based on an audit performed in accordance with OMB Circular A87, "Cost Principles for State, Local and Indian Tribal Governments". * Employees in these positions receive time and one half for time worked over 40 hours per week. B. Living; Costs and Outside Expenses. Actual. Charges will be actual expenses and shall include meals, lodging, telephone calls, etc. normally paid by Department. C. Materials, Supplies, & Rental Equipment. Actual. Charges will be actual costs and shall be charged in accordance with invoices, billings, contracts or agreements. D. Transportation. Actual. Charges will be those established by Department policy for all users for operating a state automobile or using a state aircraft. - Exhibit B - 7-1-96 AGENCY AGREEMENT Project No. DO1 This is an agreement between the Blair Airport Authority of Blair, Nebraska, hereinafter referred to as the "Airport Sponsor" and the Nebraska Department of Aeronautics, 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. The Airport Sponsor desires to develop the Blair Municipal Airport and to use federal airport aid funds available for that purpose. Therefore, the Airport Sponsor hereby designates the Department as its agent in accordance with Sections 3-124 and 3-239, Neb. Rev. Stat. (Reissue 2007), and the Department hereby accepts such designation and agrees to act as the agent of the Airport Sponsor. It is mutually understood and agreed between the parties that the Airport Sponsor has submitted to the Department its proposed`project for the development of said airport, and that such project has been approved by the Department, in accordance with Section 3-239, Neb. Rev. Stat. (Reissue 2007). 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 develop and 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 project of airport development, 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 Sections 3-101 to 3-154 and 3-239, Neb. Rev. Stat. (Reissue 2007), 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 project cost, 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 _ 1 _ 2-98 connection with the project. 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 construction and engineering contracts, all agreements related to the purchase of land 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 project. E. The Airport Sponsor agrees to reimburse the Department for its administrative costs of furnishing 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". Departmental administrative costs charged to the project are considered allowable costs for federal and state participation. These costs will be charged according to the "Schedule of Fees and Charges" shown in the attached Exhibit B, which schedule shall be subject to change upon notification in writing by the Department to the Airport Sponsor. 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. "Project" means a plan of action for the accomplishment of specific airport developments. "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 project. Executed by the Nebraska Department of Aeronautics this 23`d day of January, 2012. (SEAL) D irector by the Airport Sponsor this-Wday of ' C46taf 20'\Ie retary Chairman _ 2 - 2-98 EXHIBIT A AGENCY AGREEMENT ADMINISTRATIVE SERVICES 1. Conduct airport site inspections. 2, Review and secure federal approval of Airport Layout Plans (ALP). 3. Prepare and process CIP Data Sheets and related documents used to request an allocation of federal funds, if requested by the Sponsor. 4. Assist in the preparation and processing of Environmental Impact Statements and other environmental studies. 5. Review and process land acquisition documents, title opinions, sponsor certifications and audit reports. 6. Prepare an independent cost analysis of consultant costs, if requested by the Sponsor. 7. Prepare a Disadvantaged Business Enterprise (DBE) Program, if requested by the Sponsor and represent the Sponsor in the DBE Unified Certification Program. 8. Review, process, and secure federal approval of all contracts and agreements, change orders and amendments to these agreements. 9. Attend pre -design conferences and conduct design (plan -in -hand) inspections. 10. Review and process the plans, specifications, special provisions and contract documents. Provide U.S. Labor Department wage rate determinations. 11. Attend prebid and preconstruction conferences. 12. Prepare and secure execution of Applications for Federal Assistance and associated documents. Prepare and process program changes. 13. Process Grant Agreements and amendments. 14. Review periodic pay estimates and forward federal funds to the Airport Sponsor. 15. Prepare applications, requests, transfers.or letters of credit for Grant Agreement payments. 16. Conduct or participate in periodic and final inspections. 17. Prepare and/or process other federal documents not. otherwise specifically covered above. - Exhibit A - 2-98 EXHIBIT B AGENCY AGREEMENT SCHEDULE OF FEES AND CHARGES A. Salary Costs. Charges will be the monthly rate worked times an overhead/benefits factor for the following positions: Engineer VI Engineering Associate (all)* Engineer V Engineering Aide (all)* Engineer IV Accountant (all) Engineer III Accounting Clerk* Engineer II* Attorney (all) Engineer I* Drafter (all)* The overhead/benefits factor will be determined annually based on an audit performed in accordance with OMB Circular A87, "Cost Principles for State, Local and Indian Tribal Governments". * Employees in these positions receive time and one half for time worked over 40 hours per week. B. Living Costs and Outside Expenses. Actual. Charges will be actual expenses and shall include meals, lodging, telephone calls, etc. normally paid by Department. C. Materials, Supplies, & Rental Equipment. Actual. Charges will be. actual costs and shall be charged in accordance with invoices, billing's, contracts or agreements. Ia. Transportation. Actual. Charges will be those established by Department policy for all users for operating a state automobile or using a state aircraft: - Exhibit B - 7-1-96