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2020-3Resolution No, 2020-3 EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE AIRPORT AUTHORITY OF BLAIR, NEBRASKA, SPONSOR OF BLAIR MUNICIPAL AIRPORT, HELD ON May 19, , 2020. The following resolution was introduced by Geary Combs read in full, seconded by Dan Hunt and considered: A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AGENCY AGREEMENT WITH NEBRASKA DEPARTMENT OF TRANSPORTATION, AERONAUTICS DIVISION FOR GRANT NO.3-31-0109- 017-2020 TO BE SUBMITTED BY THE DEPARTMENT TO THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN FEDERAL NON - DEVELOPMENT ECONOMIC ASSISTANCE FOR THE AIRPORT UNDER THE PROVISIONS OF THE FEDERAL CARES ACT: Be it resolved by the Chairman and members of the Airport Authority of Blair, Nebraska, that: 1. The Authority of Blair shall enter into an Agency Agreement with the Department of Transportation, Aeronautics Division for Grant No. 3-31-0109-017-2020 for the purpose of obtaining Federal non -development economic assistance for the Airport and that such agreement shall be set forth hereinbelow. 2. The Chairman of the Airport Authority of Blair is hereby authorized and directed to execute said Agency Agreement on behalf of the City of Blair, 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, 4 voted yea, and 0 voted nay, and the resolution therefore was declared passed and approved on May 19 , 2020. ATTEST: Sec etary4AeChairman 11- '(p C: I UserslSmnart PasparajahlDocemeills�lgetmy Agreemenl iBlairWair (Awhorn)).docr 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, 2020. i_� (SEAL) PG Director W Executed by the 9R.. or this day of , 20 Do" NOT RESOLLITIOiN Secretary Chairman 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. AGENCY AGREEMENT 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 Rinding 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 lawfiJ purposes other than airport planning, development, construction, or maintenance. THERE FORE, 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 Stipp. 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, 2020. -0000m *%' �A- A r All Director t d by the ft_, . or this i9 day of , 20 `,0 . Secretary Chairman EXHIBIT AGENCY AGREEMENT 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.