HomeMy WebLinkAboutResolution No 2023 - 16 ITD Airport Aid Program L24SRXE (2)Instrument # 459931
REXBURG, MADISON, IDAHO
12-21-2023 01:31:24 PM No. of Pages: 1
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Offlcio Recorder Deputy42
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Resolution for a Grant Agreement with Idaho Transportation
Department Under the Idaho Airport Aid Program FS Program No.
L24SRXE
Resolution No 2023 -16
Exact from the minutes of a regular meeting of the City Council of City
of Rexburg held on December 20, 2023.
Mayor Jerry Merrill, introduced the following Resolution, was read in
full, considered, and adopted:
Resolution Number 2023 - 16 of City of Rexburg, Idaho accepting the Grant
Offer of the State of Idaho through the Idaho Transportation Department, Division
of Aeronautics, in the maximum amount of $4,000,000.00 to be used under the
Idaho Airport Aid Program, FS Program number: L24SRXE, Project number: SP-
ol in the development of the Rexburg -Madison County Airport; and
Be it resolved by the Mayor and City Council of City of Rexburg, Idaho
(herein referred to as the City as follows:
Sec.1. That the City shall accept the Grant Offer of the State of Idaho in the amount
Of $4,000,000.00, for the purpose of obtaining State Aid under FS Program
Number: L24SRXE, Project Number: SP-o1 in the development of the Rexburg -
Madison County Airport; and
Sec. 2. That the Mayor of the City of Rexburg City Council is hereby authorized
and directed to sign the statement of Acceptance of said Grant Offer (entitled
Acceptance) on behalf of the City, the City Clerk is hereby authorized and directed
to attest the signature of the Mayor and to impress the official seal of the City on
the aforesaid statement of Acceptance; and
Sec. 3. A true copy of the Grant Agreement referred to herein be attached hereto
and made a part thereof.
Passed by the City Council and approved by the Mayor this loth day of December
2023.
C) F �R c���&_
SFALAerryVririllity of Rexburg Mayor
ATTEST:
Deborah Lovejoy, City Clerk
CERTIFICATE
I, Deborah Lovejoy, City Clerk, do hereby certify that the foregoing is a full, true,
and correct copy of Resolution No. 2023 - 16 adopted at a regular meeting of the
City Council held on the loth day of December 2023, and that the same is now in
full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and impressed the official
seal of the City, this loth day of December 2023.
l
Deborah Lovejoy, City Cle
GRANT AGREEMENT
IDAHO AIRPORT AID PROGRAM
STATE FISCAL YEAR-24
TO: Rexburg, Idaho
(Hereinafter referred to as the "SPONSOR")
FROM: The State of Idaho, acting through the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF
AERONAUTICS
(Hereinafter referred to as the "STATE")
WHEREAS, the SPONSOR has submitted to the STATE an application for assistance from the Idaho Airport Aid
Program for development of the Rexburg -Madison County Airport, together with the planning proposal or
plans and specifications for the project. The STATE approved the application and it is hereby incorporated
herein and made a part thereof:
WHEREAS, the Idaho Transportation Board has approved a project for development of the airport consisting
of the following described airport development:
Project Description: New Airport
FS Program Number: L24SRXE
Project Number: SP-01
NOW THEREFORE, for carrying out the provisions of the Uniform State Aeronautics Department Act; Title 21
of the Idaho Code, as amended, and in consideration of the SPONSOR acceptance of this offer, as hereinafter
provided, the STATE hereby agrees to pay, as its share of the costs incurred in accomplishing the project, not
more than.
This Grant incorporates the following terms and conditions:
1. The STATE affirms that:
A. The maximum obligation of the STATE payable under this Grant shall be $4,000,000.00.
B. This grant expires on June 30, 2027 and the STATE shall have no further obligation after
that date.
2. The SPONSOR shall:
1. Certify the availability of at least $ .00 to match STATE participation in said project.
2. The Airport Sponsor agrees to comply with the regulations relative to non-discrimination
in State assisted programs of the Idaho Transportation Department.
3. Diligently and expeditiously complete this project by June 30, 2027 and likewise pursue
appropriate measures as may be agreed upon by the SPONSOR and the STATE to remedy
project delays, including but not limited to litigation or condemnation.
4. Carry out and complete the project in accordance with the plans, specifications, and
property map, incorporated herein, as they may be revised or modified, with approval of
the STATE.
5. Competitively bid all contracts for construction involved in this project in accordance with
bidding procedures outlined in Idaho Statute Title 67, Chapter 28 of the Idaho Code and
Title 2 CFR part 200 and may provide solicitation documentation to the STATE.
6. In connection with the acquisition of real property for the project, secure at least two
written appraisals by licensed appraisers and not pay in excess of the highest appraisal
without the written consent of the STATE or except as directed by a court of competent
jurisdiction after a contested trial and a judgment not resulting from agreement between
the parties.
7. No State funds will be paid to the SPONSOR in any case until it certifies in writing that it
has funds available and will spend at least the amount designated for this project in the
Grant Agreement, solely for the project in question.
8. The SPONSOR agrees to hold said airport open to the flying public for the useful life of the
facilities developed under this project.
9. The SPONSOR shall grant no exclusive use or operating agreements, to any person,
company, or corporation for the use of the airport by any person providing or intending to
provide aeronautical services to the public. Failure to abide by such agreement shall
automatically obligate the immediate and full return of all State of Idaho money expended
on behalf of the project to the State of Idaho.
10. Agrees to fulfill the FAA assurances applicable to this project and follow the requirements
in 49 USC 471 Airport Development. (Only applies to FAA funded projects)
11. Agrees to follow and include applicable FAA required contract terms to any associated
contracts granted in association with this grant. (Only applies to FAA funded projects)
12. Submit with this accepted Grant Agreement the full name of the local Project
Manager/Inspector along with full contact information including work phone number,
cell phone number, fax number, email address, and postal mailing address. Also, include
a job related contact that will know the whereabouts of and can contact the Project
Manager/Inspector quickly for Grant related matters.
13. Use the provided "Project List and Submittals" form to monitor the project's progress.
The SPONSOR will submit the form when submittals are made, and provide the
completed form, along with the reports, as part of the closeout documents.
14. Such allocation agreement shall become effective upon the SPONSOR acceptance of this
offer and shall remain in full force and effect throughout the useful life of the facilities
developed under the project but in any event not to exceed twenty (20) years from the
date of acceptance.
15. Said offer and acceptance shall comprise allocation agreement, constituting the obligation
and rights of the State of Idaho and the SPONSOR with respect to the accomplishment of
the project and the operation and the maintenance of the airport.
16. SPONSOR must develop the airport in accordance with current design standards as set
forth by the FAA for airport receiving FAA funding or by the Division of Aeronautics for
non -federally funded airports.
17. SPONSOR cannot allow any activity or action on the airport that would interfere with its
use for airport purposes.
18. SPONSOR must allow all types, kinds, and classes of aeronautical activities use the airport.
This includes such activities as parachute jumping and ultralight vehicles. One possible
reason for not allowing an aeronautical activity on the airport is if it cannot be conducted
safely. The final safety determination is the responsibility of the Idaho Division of
Aeronautics. FAA funded airports shall abide by FAA guidance as depicted in the FAA grant
assurance 22.
19. SPONSOR must allow people to service their own aircraft according to all applicable
Federal Aviation Regulations (FARs). IDAPA 39.04.01
20. All revenue generated on the airport by the Sponsor will be used for airport purposes only.
21. SPONSOR will have proof of ownership or lease of all land upon which any project is
proposed in order to protect the investment of public funds.
22. That any Exclusive Operating or Use Agreement in violation of Section I. above shall
Automatically Obligate the Immediate and full Return of all State of Idaho money expended
on behalf of the Project to the State of Idaho.
23. SPONSOR will have compatible land use and height zoning for the airport to prevent
incompatible land uses and the creation or establishment of structures or objects of natural
growth, which would constitute hazards or obstructions to aircraft operating to, from, on,
or in the vicinity of the subject airport. Idaho Statute 67-6508q
24. SPONSOR will ensure hangars are used primarily for aeronautical purposes. Non -
aeronautical items stored in the hangar will not interfere with aeronautical use of the
hangar.
25. SPONSOR will maintain a fee and rental structure for services and facilities at the airport,
which will make the airport as self-sustaining as possible taking into, account such factors
as the volume of traffic and economy of collection. The Division of Aeronautics can provide
assistance with establishing the structure base.
The allowable costs of the project shall not include any costs determined by the STATE to be ineligible.
The STATE reserves the right to amend or withdraw this offer at any time prior to its acceptance by
the SPONSOR.
No project cost reimbursements shall be issued and the STATE shall not be obligated to pay any part
of the costs of the project unless the final agreement has been accepted by the SPONSOR as prescribed
in writing by the STATE.
Excep for those projects receiving both State and Federal Aid (submit copies of FAA Application and
Agreement), the following inspection schedule, and reporting system is required:
3. Inspection Schedule and Reporting System:
Inspection Schedule and Reporting System will vary for each project. The SPONSOR must make
reports and be subject to inspections on the following schedule:
A. SPONSOR shall report project commencement date.
B. SPONSOR shall receive approval prior to any change in the scope of the project.
C. SPONSOR shall report project completion date and request final payment.
D. STATE may participate in the final inspection and shall sign off the project as
completed.
E. STATE may arrange for audit of account in accordance with regularly scheduled audit
program.
The execution of this instrument by the SPONSOR and ratification and adoption of the project application
incorporated herein provides proof of the Sponsors commitment, as hereinafter provided. Said offer and
acceptance shall comprise allocation agreement, constituting the obligation and rights of the State of Idaho
and the SPONSOR with respect to the accomplishment of the project and the operation and the maintenance
of the airport. Such allocation agreement shall become effective upon the SPONSOR acceptance of this offer
and shall remain in full force and effect throughout the useful life of the facilities developed under the project
but in any event not to exceed twenty (20) years from the date of acceptance.
STATE OF IDAHO, ITD
Division of Aeronautics
By:
Thomas Mahoney, Administrator
ACCEPTANCE
THE SPONSOR DOES HEREBY RATIFY AND ADOPT ALL STATEMENTS, representations, warranties,
covenants, and agreements contained in the project application and incorporated materials referred to in the
foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and
conditions thereof.
�O GVT Y OP rrrr
Executed this � day ofi/2023 r ��� • • ••;Q����
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BY: `-4 C `Q ?
rr Merri a r
&burg, City Council q�'• '� � `�•
ATTEST: i�1A H ••� �����````
///111111110
Deborah Lovejoy, City Clerk
I, Deborah Lovejoy, City Clerk do hereby certify that the foregoing is a full, true, and correct copy of
Resolution No. - l W adopted at a regular meeting of the City Council held on the �i�day
of-be2� , 2023, and that the same is now in full force and effect. IN WITNESS WHEREOF, I
have hereunto set my hand and impressed the official seal of the City, this ;-O'—day of
2023.
Deborah Lovejoy, City Clerk