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1996-01Resolution No. 96-1 EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE AIRPORT AUTHORITY OF BLAIR NEBRASKA, 3 N X XMEXXXXXXXXXXXXXXXXXXXXXXXXX4ffgytYj[YAX AMRMWX HELD ON JUNE 18 F 19 96 . The following resolution was introduced by VAN SLYKE , read in full, seconded by MEYER 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. 3-31-0109-02 TO BE SUBMITTED BY THE DEPARTMENT TO THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF THE MUNICIPAL AIRPORT: Be it resolved by the Chairman and members of the Airport Authority Of Blair , Nebraska, that: 1. The Airport Authority shall enter into an Agency Agreement with the Department of Aeronautics for Project No. 3-31-0109-02 for the purpose of obtaining Federal assistance in the development of the Municipal Airport and that such agreement shall be set forth hereinbelow. 2. The Chairman of the Airport Authority is hereby authorized and directed to execute said Agency Agreement on behalf of the 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 "0". Upon calling for a vote on the resolution, 5 voted yea, and 0 voted nay, and the resolution therefore was declared passed and approved on JUNE 18 , 19 96 . c' ATTEST: (MOM -Secretary LOREN HAVEKOST h-3-91 AGENCY AGREEMENT This is an agreement between the Municipality identified on Page 3 of this Agreement, and the Nebraska Department of Aeronautics, made and entered into in accordance with, and for the purpose of, complying with the laws of the State of Nebraska. For convenience, the parties are hereinafter referred to as "the Municipality" and "the Department", respectively. I The Municipality desires to develop a municipal airport and to avail itself of federal airport aid funds available for that purpose. To that end, the Munici- pality hereby requests the Department to act as its agent, in accordance with the Nebraska Department of Aeronautics Act, and hereby designates the Department as its agent in accordance with Sections 3-124 and 3-239, R.R.S. 1943, and the Depart- ment hereby accedes to the request of the Municipality, accepts such designation, and agrees to act as the agent of the Municipality. II It is mutually understood and agreed between the parties that the Municipality has submitted to the Department its proposed project for the development of its municipal airport, and that such project has been and hereby is approved by the Department, in accordance with Section 3-239, R.R.S. 1943. III The Municipality hereby warrants, undertakes, and agrees that if its Application for Federal Assistance is approved by the Federal Aviation Administration, and the Municipality accepts a Grant Agreement, it will develop and manage such municipal airport in the manner set forth in the Grant Agreement and abide by such conditions, rules, and regulations of the Federal Aviation Administration. IV 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, R.R.S. 1943, as the agent of the Municipality. 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: In the event the Department advances funds to the Municipal- ity as the equivalent of'the United States' share of allowable project cost as defined in the Grant Agreement, the Department shall reimburse itself for any such advancement out of such federal funds thereafter received. 1 _ 7-1-88 SECOND: The Department shall cause the balance of such federal funds due the Municipality to be paid over promptly to the Municipality. C. The Department shall maintain accurate records of all the funds received and expended by it in connection with the project, which shall be open to inspection by the authorized representatives of the Municipality and by the Federal Aviation Administration and/or its authorized representa- tives and agents, in the offices of the Department, at all reasonable times. The power to bind the Municipality by the signing of an Application for Federal Assistance, the signing and acceptance of a Grant Agreement, the signing of contracts for construction of the project, and the signing of negotiated agreements are specifically reserved to the Municipality. Aside from the matters so reserved, the Department shall, as agent for the Muni- cipality, 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, and shall have authority to attend conferences with the Federal Aviation Administration and/or.its representatives as the sole representative of the Municipality, and to bind the Municipality by agreements made at such conferences, within the limits of this agreement and contract, including, but not by way of limit- ation, agreements with respect to the services listed in Exhibit A, hereto attached. E. The Municipality agrees to reimburse the Department for its administrative costs of furnishing all services performed by it as agent of the Munici- pality, including, but not limited to, the services set forth in the attached Exhibit A, "Services".. Departmental administrative costs charged to the project are considered allowable costs for Federal and State participation. These costs will be charged in accordance with the "Schedule of Unit Charges" shown in the attached Exhibit.B, which schedule shall be subject to change upon notification in writing by'the Department to the Municipality. A copy of such notification to be furnished to the Federal Aviation Administration by the Department. u As used herein, the following words, terms, and phrases shall have the meanings herein given: A. "Municipality" means any Village, City, County, City Airport Authority, County Airport Authority, or Joint Airport Authority as recognized in the Nebraska Statutes. B. "Preapplication for Federal Assistance" means the document prepared and submitted to the Federal Aviation Administration as the formal request for an allocation of federal aid funds. C. "Application for Federal Assistance" means the document prepared as the formal application submitted to the Federal Aviation Administration for a grant of federal funds for a Municipal airport project. - 2 - 7-1-88 D. "Developing" means the construction of or improvement to the Municipality's airport as defined in the Application for Federal Assistance. E. "Project" means a plan of action for the accomplishment of definitely described improvements with respect to the Municipality's airport. F. "Grant Agreement" means the contract between the Federal Government and the Municipality in which the Federal Aviation Administration, on behalf of the Federal Government, agrees to pay a portion of the allowable costs of the project. VI This document has been prepared for Project No DEPARTMENT OF AERONAUTICS STATE OF NEBRASKA Director 3-31-0109-02 Blair Municipal Airport Airport Blair, Nebraska Municipality Title AIRPORT AUTHORITY CHAIRMAN Date JUN 6 1996 Date .TUNE 18, 1996 (SEAL) ATTEST: Clerk -Secretary - 3 - 7-1-88 EXHIBIT A AGENCY AGREEMENT SERVICES ADMINISTRATION Airport site inspections. Prepare and process Preapplications for Federal Assistance and related documents. Prepare and process Applications for Planning Grant Program projects. Review and approval of Airport Layout Plans (ALP). Assist in preparation and processing of Environmental Impact Statements. Prepare and secure execution of Applications for Federal Assistance and accompany- ing documents. Provide U.S. Labor Department wage rate determinations. Design (plan -in -hand) inspections. Review and approval of Project Plans, Special Provisions, and Proposal Forms. Review, process, and concur in award of contracts, Change Orders, Supplemental Agreements, Force Account Agreements, and/or Negotiated Agreements. Attend Preconstruction Conference for projects. Prepare and process program changes. Process Grant Agreements and Amendments. Review and approve periodic estimates of project costs, and forward State and Federal funds to the Sponsor. Prepare applications, requests, transfers, or letters of credit for Grant Agreement payments. Periodic and final inspections, and acceptance of project construction work. Prepare and/or process other federal documents not otherwise specifically covered above. Review and process Audit and Attorney Agreements, reports and opinions. -4- 7-1-88 IM C. a AGENCY AGREEMENT EXHIBIT B SCHEDULE OF FEES AND CHARGES Charges will be the monthly rate worked times a factor of 2.5 for overhead and benefits for the following positions: State Airport Engineer Asst. State Airport Engineer Engineer' IV Engineer III Engineer II* Engineer I* Engineering Associate (all)* Engineering Aide (all)* Accountant (all) Accounting Clerk* Attorney (all) Drafter (all)* * Employees in these positions receive time and one half for time worked over 40 hours per week. Living Costs and Outside Expenses. Actual Charges will be actual expenses and shall include meals, lodging, telephone calls, etc., if normally paid by Department. Materials, Supplies, & Rental Equipment. Actual Charges will be actual costs and shall be charged in accordance with invoices, billings, contracts or agreements. Transportation. Actual Charges will be those established by Department policy for all users for operating a state automobile or using a state aircraft. 7-1-96 1. Meeting called to order by Chairman Scheve. 2. Roll call. 3. Approval of the minutes of the May 21, 1996 meeting. 4. Approval of May Treasurer Reports. 5. Motion to authorize Chairman and Secretary to sign application for non -construction grant to acquire Eagle Field. 6. Approval of Resolution adopting and approving the execution of an, agency agreement with the Department of Aeronautics of the State of Nebraska for project No. 3-31-0109-02. 7. Motion authorizing Chairman and Secretary to sign Title VI - Nondiscrimination Assurances. 8. Motion to go into Executive Session for purpose of discussion on negotiations of Eagle Field Acquisition. a. Motion to reconvene regul� 9. City Administrator Report. 10. Motion to adjourn.