2010-04RESOLUTION 2010-04
EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE BLAIR
AIRPORT AUTHORITY OF BLAIR, NEBRASKA, SPONSOR OF BLAIR
MUNICIPAL AIRPORT, HELD ON Januray 19 � 2010
The following resolution was introduced by Dr. D. Johnson , read in full,
R. Johnson moved its adoption:
seconded by L. xavekost and considered:
RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A
STATE GRANT AGREEMENT FOR PROJECT NO. 3-31-0109-07/08, TO BE
SUBMITTED TO THE DEPARTMENT OF AERONAUTICS OF THE STATE
OF NEBRASKA TO OBTAIN STATE FINANCIAL AID IN THE
DEVELOPMENT OF THE MUNICIPAL AIRPORT.
Be it resolved by the Chairman and Secretary of the Blair Airport Authority of
Blair, Nebraska, that:
1. The Blair Airport Authority shall enter into a State Grant Agreement with the
Nebraska Department of Aeronautics for Project No. 3-31-0109-07/08 for the
purpose of obtaining state financial aid in the development of the Municipal
Airport and that such agreement shall be as set forth hereinbelow.
2. The Chairman of the Blair Airport Authority is hereby authorized and directed
to execute said State Grant Agreement on behalf of the Blair Airport
Authority, and the Secretary is hereby authorized and directed to attest said
execution.
3. The said agreement referred to herein above 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, c . Lorenzen
absent,
and the resolution therefore was declared passed and approved on January 19 , 2010.
ATTEST:C"
Secretary Vehairman
STATE GRANT AGREEMENT
PROJECT NO. 3-31-0109-07/08
This is an agreement by and between the Nebraska Department of Aeronautics, hereinafter referred
to as the "Department" and the Blair Airport Authority of Blair, Nebraska, hereinafter referred to as
the "Sponsor."
RECITALS
The Sponsor has title to or control of the Blair Municipal Airport and wants to develop or improve
it. The Department agrees to help the Sponsor with the following development:
Grade parallel taxiway, and install PAPI's
A summary of eligible project costs is attached to this agreement for reference as Exhibit B.
AGREEMENT
In consideration of these facts and the mutual covenants contained herein, the Department and
Sponsor agree as follows:
The Sponsor agrees that all developments listed above will be completed and will comply with the
approved airport layout plan and the approved construction plans and specifications, as applicable.
No development item shall be omitted or added without specific approval from the Department. If
the work is contracted by the Sponsor, bids shall be taken as required by law, and submitted to the
Department for review prior to contract award.
The Department agrees to reimburse the Sponsor for two percent (2%) of the actual eligible costs
incurred to complete this development, up to a maximum of $8,000 in state funds. "Eligible Costs"
are defined as those necessary for this development and approved by the Department.
In the reimbursement to the Sponsor for work performed and material furnished, the Department
agrees to honor approved progress estimates processed during the course of the construction. Upon
presentation of the final billings and estimates for the work completed by the Sponsor to the
satisfaction of the Department, the Department agrees to reimburse the Sponsor in an amount based
upon the actual incurred eligible costs of the improvements set forth in the above noted scope of
development, the approved plans and any approved change orders. The total reimbursement shall
not exceed the amount set forth above.
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If applicable, the Grant Agreement entered into by and between the Federal Aviation
Administration (FAA) and the Sponsor on 2-3-2009 and 5-19-2009 is hereby incorporated into and
made a part of this Agreement and all of the elements, paragraphs, clauses, and obligations in said
Agreement are made a part hereof as if fully set forth in this Agreement. In the event that any
provisions in the FAA Grant Agreement conflict with provisions in this agreement, the provisions
in this agreement are controlling.
CONDITIONS
The terms and conditions of this agreement shall remain in effect for 20 years from the date of
execution by the Sponsor. If the development is land or easement acquisition, then the terms and
conditions shall remain in effect for as long as the Sponsor owns this land or easement. The
Sponsor will not sell, lease, encumber or otherwise dispose of airport real property, acquired with
grant money from the Department, without the Department's approval.
1. The Sponsor will comply with the Department's State Aid Program (current version on date
of execution) and all applicable laws and regulations.
2. The Sponsor will complete the project without undue delay. The project shall be subject to
the Department's inspection.
3. The Sponsor will operate and maintain the airport as a public use facility in a safe and
serviceable condition, and will not permit any activity thereon that would interfere with its
use for aeronautical purposes. The sponsor is not required to operate the airport during
temporary periods when snow, flood or other climatic conditions interfere. The Sponsor
will comply with the minimum standards of maintenance and operation set by the
Department and the Federal Aviation Administration.
4. The Sponsor will make this airport available as a public use airport on fair and reasonable
terms and without unjust discrimination, to all types, kinds and classes of aeronautical uses.
In its operation of the airport, the Sponsor or any person or organization occupying space or
facilities thereon will not discriminate against any person or class of persons because of
race, color, religion, national origin, sex, handicap or age and will not discriminate against
any employee or applicant for employment based on race, color, religion, sex, age or
otherwise qualified handicapped status.
5. The Sponsor will insert and enforce provisions in any contract or other arrangement that
grants a right or privilege to any person, firm or corporation to engage in any activity for
furnishing services to the public at the airport. These provisions will require the contractor
to:
a. Furnish said service on a fair, equal and not unjustly discriminatory basis to all users
thereof, and,
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b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service. However, it is allowable for the contractor to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
6. The Sponsor will not grant or permit any person, firm or corporation an exclusive right:
,a. to use the airport to provide aeronautical services to the public; nor
b. to conduct any aeronautical activities, including but not limited to charter flights,
pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial
advertising and surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleum products, repair and maintenance of aircraft, sale of aircraft
parts, or any other aeronautical activity.
However, the Sponsor may grant or exercise an exclusive right for furnishing non -aviation
products and supplies or any non -aeronautical service.
7. The Sponsor will submit all leases, permits, and agreements for the airport to the
Department upon request. The Department may withhold 20% of payments due the
Sponsor until all leases, permits and agreements are acceptable to the Department.
8. The Sponsor will provide a drug-free workplace at the site of work specified in this
agreement.
9. The Sponsor will take appropriate action to ensure that the airspace required for airport
operations will be adequately cleared and protected. The Sponsor agrees, to the best of its
ability, to prevent construction, erection, alteration or growth of any object within or outside
the boundaries of the airport which would create a hazard to aircraft operating at or near the
airport or otherwise limit the usefulness of the airport. Appropriate actions may include
removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport
hazards and preventing the establishment or creation of future airport hazards. The Sponsor
will, to the best of its ability, arrange for height restriction zoning of the area around the
airport as allowed under Nebraska Statutes.
10. The Sponsor will keep a current airport layout plan that has the approval of the Department
or the Federal Aviation Administration. The Sponsor will ensure that future development
on the airport conforms to this plan.
11. The Sponsor will not enter into any transaction that would operate to deprive it, or any legal
successor, of the rights and powers necessary to comply with any or all of the covenants
made herein.
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12. During the term of these covenants, the Sponsor will maintain a current system of airport
accounts and records, using a system of its own choice sufficient to provide annual
statements of income and expense. It will furnish the Department with such annual or
special airport financial and operational reports as may be reasonably requested.
13. If this airport ceases be a public -use airport before the applicable time period has expired, or
if any other covenants of this agreement are substantially violated without the Department's
approval, the Sponsor will reimburse the Department as follows:
a. For any monies granted under this contract for any purpose other than land
acquisition, the amount due the Department shall be:
Years remaining_ X Amount of Dept.'s money granted.
20 years, as appropriate
b. For any monies granted for land acquisition under this contract, the amount due the
Department shall be:
Market value of the land X Percent of reimbursement listed on page
one of this contract.
14. The Sponsor agrees to reimburse the Department for its cost of furnishing services for this
project. This includes but is not limited to the services listed on the attached Exhibit A,
"Services" and "Schedule of Unit Charges." This Exhibit A is subject to change upon
notification in writing by the Department to the Sponsor.
IN WITNESS WHEREOF, the Department and Sponsor have authorized these presents to be
executed by their proper officials, as of the dates shown below.
Executed by the Nebraska Department of Aeronautics this 16th day of December, 2009.
Witness `
Executed by the " 1., this
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Secretary
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Chairman
EXHIBIT 010
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EXHIBIT A
STATE GRANT AGREEMENT
SERVICES
1. Review, prepare and/or assist with grant applications.
2. Attend airport site and design (plan -in -hand) inspections, as appropriate.
3. Review consultant agreements, technical reports, plans, and contract documents.
4. Review and process award of contracts, change orders, construction reports, supplemental
agreements, force account agreements, and/or other agreements.
5. Attend design, preconstruction, and/or other conferences, as appropriate.
6. Review progress estimates, invoices and other evidence of project costs.
7. Conduct periodic and/or final inspections, if deemed necessary.
SCHEDULE OF UNIT CHARGES
A. Charges will be the monthly rate worked times an overhead/benefits factor for the following
positions:
Engineer VI
Engineer Associate* (all)
Engineer V
Engineering Aide* (all)
Engineer IV
Accountant* (all)
Engineer III
Accounting Clerk*
Engineer II*
Attorney (all)
Engineer I*
Drafter* (ail)
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 received time and one half for time worked over 40 hours
per week.
B. Living Costs and Outside Expenses. Actual.
Charges will be meals, lodging, telephone calls, etc., normally paid by the Department.
C. Materials, Supplies, & Rental Equipment. Actual.
Charges will be made 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 and using a state aircraft.
Exhibit A