1996-02Resolution No. 1996-2
EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE Airport Authority
OF Blair , NEBRASKA, SPONSOR OF THE Blair MUNICIPAL
AIRPORT, HELD ON AUGUST 20 , 19 96
The following resolution was introduced by MEYER , read in
full, seconded by HAVEKOST 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 -03 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. 3-31-0109-03
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 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 "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
AUGUST 20 , 19 96
ATTEST �
-Secretary
6-3-81
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 M.unicipality.
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.
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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.
D. 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.
V
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.
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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
31
Date August 12, 1996
(SEAL)
3-31-0109-03
Blair Municipal Airport
Airport
Blair, Nebraska
Municipality
Date
ATTEST:
D
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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.
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7-1-88
AGENCY AGREEMENT
EXHIBIT B
SCHEDULE OF FEES AND CHARGES
A. Charges will be the monthly rate worked times a factor of 2.5 for
overhead and benefits for the following positions:
State Airport Engineer Engineering Associate (all)*
Asst. State Airport Engineer Engineering Aide (all)*
Engineer IV Accountant (all)
Engineer III Accounting Clerk*
Engineer II* Attorney (all)
Engineer I* Drafter (all)*
* 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., if 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.
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