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1996-05COUNCILMEMBER RESOLUTION NO. 1996- 5 HAVEKOST INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE CHAIRMAN and members of the Airport Authority of the City of Blair, Nebraska, that the Financial Assistance Agreement with the Nebraska Department of Aeronautics for Project No. 3-31-0109-02 for the purpose of obtaining state financial aid in the development of the Municipal Airport is hereby ratified and approved as signed by the Chairman and Secre- tary of the Airport Authority. BE IT FURTHER RESOLVED THAT the execution of said Financial Assistance Agreement by the Chairman and Secretary of the Air- port Authority on behalf of the Authority is hereby ratified and approved. BOARDMEMBER HAVEKOST MOVED THAT THE RESOLUTION BE ADOPTED, WHICH SAID MOTION WAS SECONDED BY BOARDMEMBER VAN SLYKE UPON ROLL CALL, BOARDMEMBERS HAVEKOST, SCHEVE AND VAN SLYKE VOTING "AYE", AND BOARDMEMBERS NONE VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23 DAY OF OCTOBER _—, 1996. AIRPORT AUTHORITY OF THE CITY OF BLAI.NEPRASK4/' By - 64 RMAN LLOYD SCHEVE /#1 ATTEST: SECRETARY LORk HAVEKOST EXTRAC.;FROM THE MINUTES OF AN OFFICIAL MEETING OF THE AIRPORT'AUTHORITY OF BLAIR , NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL AIRPORT, HELD ON OCTOBER 23 19 96 The following resolution was introduced by HAVEKOST read in full, seconded by VAN SLYKE and considered; RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A FINANCIAL ASSIST- ANCE AGREEMENT FOR PROJECT NO. 3-31-0109-02 , 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 members of the Airport Authority of Blair Nebraska, that: 1. The Airport Authority shall enter into a Financial Assistance Agreement with the Nebraska Department of Aeronautics for Project No. 3-31-0109-02 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 Airport Authority is hereby authorized and directed to execute said Financial Assistance Agreement... on behalf of the 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 "0". Upon calling for a vote on the resolution, 3 voted yea, and _Q_ voted nay, 'and the resolution therefore was declared passed and approved on OCOTBER 23 19,96 , ATTEST: LOREN HAVEKOST L SCHEVE' 1-30-81 STATE GRANT AGREEMENT PROJECT NO. 3-31-0109-02 This is an agreement by and between the Nebraska Department of Aeronautics, hereinafter referred to as the "Department" and the 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: Acquire a new airport (Eagle Field) 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 3 percent of the actual eligible costs incurred to complete this development, up to a maximum of $22,654 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 attached Exhibit B, the approved plans and any approved change orders. The total reimbursement shall not exceed the amount set forth above. If applicable, the Grant Agreement entered into by and between the Federal Aviation Administration (FAA) and the Sponsor on September 18, 1996 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 which 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, 0a 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 nonaviation products and supplies or any nonaeronautical 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. 3 e 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 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. 10 or 20 years, as appropriate 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 3rd day of Octob,#, 1996. Witness Executed by the Blair Airport Authority this day of October, 1996. ,, `' ,Chairman .19 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 a factor of 2.5 for overhead and benefits for the following positions: State Airport Engineer Engineer Associate* (all) Assistant 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 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 B eo EXHIBIT B BLAIR MUNICIPAL AIRPORT PROJECT NO. 3-31-0109-02 SUMMARY OF PROJECT COSTS OCTOBER 3, 1996 Land Parcel No. A Appraisal Legal Less ineligible: Paving, Hangars & Ramps Lighting, Flight Bldg & Tanks Engineering Design & Bid Construction Administration Total SUMMARY OF FUNDS State Local Federal $22,654 $52,859 $679,613 (3%) (7%) (90%) (Max = $690,000) $1,200,000.00 24,300.00 5,700.00 (479,266.00) (5,608.00) 0 0 10,000.00 755,126.00 Total $755,126