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HomeMy WebLinkAboutR-2013-022 Termination of Joint Air Terminal Operations Agreement; Transfer of Yakima Air Terminal Property Ownership to the CityRESOLUTION NO. R-2013-022 A RESOLUTION concerning the Yakima Air Terminal, approving an agreement with Yakima County that terminates the existing Joint Air Terminal Operations Agreement and transfers the ownership of all real and personal property associated with the Yakima Air Terminal back to the City and allocates the liabilities and responsibilities related to the Yakima Air Terminal between the City and the County. WHEREAS, the Yakima Air Terminal is jointly owned by the City and County and operated by the Yakima Air Terminal Board as authorized by RCW Chapter 14.08, pursuant to the Joint Air Terminal Operations Agreement entered into between the parties on June 30, 1982; and WHEREAS, the City and the County agree that the existing Yakima Air Terminal management structure is unsatisfactory, often resulting in important issues not being dealt with in a timely and efficient manner; and WHEREAS, the parties further agree that it is in the public interest for a single entity to hold ownership and conduct the operations of the airport to provide 1) unity of authority and command; 2) reduction in and efficiency of the airport's operating costs; 3) expedited decision making; 4) reduced management turnover; and 3) more direct accountability; and WHEREAS, the City and the County mutually agree that the Joint Air Terminal Operations Agreement should be terminated and all real and personal property owned by the parties as tenants in common should be fully conveyed to the City of Yakima in consideration of the City's assumption of the obligations and liabilities of Air Terminal operation and ownership, as specified in the TERMINATION OF JOINT AIR TERMINAL OPERATIONS AGREEMENT attached hereto and incorporated herein by this reference; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated TERMINATION OF JOINT AIR TERMINAL OPERATIONS AGREEMENT, thereby accepting the County's undivided one-half interest in the Yakima Air Terminal, including all property, real and personal, associated therewith, as well as all associated appurtenances thereto in accord with the terms and conditions of said Agreement, to be owned and managed by the City of Yakima as a department of the City ADOPTED BY THE CITY COUNCIL this 5th day of February, 2013. Micah Cawley, j>4layor TERMINATION OF JOINT AIR TERMINAL OPERATIONS AGREEMENT THIS AGREEMENT is entered into this 12th day of February, 2013, by and between the City of Yakima, Washington, hereinafter referred to as "the City" and the County of Yakima, Washington, hereinafter referred to as "the County". RECITALS: 1. The Yakima Air Terminal is jointly owned by the City and County and operated by the Yakima Air Terminal Board as authorized by RCW Chapter 14.08 and pursuant to the Joint Air Terminal Operations Agreement entered into between the parties on June 30, 1982. 2. The parties agree that the existing Yakima Air Terminal management structure is unsatisfactory. As a result, important issues are not dealt with in a timely and efficient manner. 3. The parties further agree that it is in the public interest for a single entity to take over ownership and operations of the airport. The benefits of single or sole ownership include: unity of authority and command; reduction of the airport's operating costs; expedited decision making; reduced management turnover; and, clearer accountability. 4. The City and the County mutually agree that the Joint Air Terminal Operations Agreement should be terminated and all real and personal property owned by the parties as tenants in common should be conveyed to the City of Yakima, in consideration of the City's assumption of joint obligations and liabilities as specified in this Agreement and operation of the Air Terminal as a city department. NOW, THEREFORE, the parties hereto, through their respective legislative bodies, do hereby agree as follows: 1. Termination of Joint Air Terminal Operations Agreement. The Joint Air Terminal Operations Agreement entered into between the parties on June 30, 1982 is terminated effective February 12, 2013. 1 2. Conveyance of Real and Personal Property. Commencing on the 12th day of February, 2013, the real and personal property now owned by the City and County as tenants in common and constituting the Yakima Air Terminal, its real property, appurtenances thereto and personal property shall be in the sole ownership of the City. Said Air Terminal shall be operated by the City of Yakima in accordance with the provisions of RCW 14.08. Pursuant to this Agreement, the County shall make appropriate conveyance and transfer to the City of its undivided one-half interest in fee simple in and to the real property and all improvements and appurtenances thereto, constituting the Yakima Air Terminal (described in Exhibit "A" attached hereto and incorporated by reference as though fully set forth herein) under the authority of RCW 14.08.310, RCW 39.33.010. In consideration of this mutual Agreement, the County does hereby convey and grant to the City of Yakima its interest in all assets and all personal property, known or unknown, located on or used in connection with the operation of the Air Terminal (described in part in Exhibit "B" attached hereto and incorporated by reference as though fully set forth herein), and to include contract rights, leases, choses in actions, and FAA funds. 3. Dissolution of the Yakima Air Terminal Board. The Yakima Air Terminal Board is dissolved effective February 12, 2013. All powers and duties of the Yakima Air Terminal Board concerning operation and maintenance of the air terminal shall be assumed by the City of Yakima pursuant to RCW 14.08. 4. Financial Closeout. Yakima County shall complete the Yakima Air Terminal financial closeout for 2012 by March 31, 2013. All records, cash and other financial assets of the Yakima Air Terminal that are currently in the possession of the County will be transferred to the City not later than March 31, 2013. Yakima County will continue to charge for financial services through March 31, 2013. 5. Joint Venture Liabilities. 5.1 2012 Operating Loss. It is anticipated that the Yakima Air Terminal will experience an operating loss of approximately $40,000 for budget year 2012. The City and the County shall each assume one half of any such liability. 2 5.2 Pending Litigation. The Yakima Air Terminal is currently a party in two pending lawsuits: (1) Yakima Air Terminal McAllister Field v. M.A. West Rockies Corporation, Yakima County Superior Court Cause No. 10-2-00989-1; and, (2) All Seasons Associates, LLC v. Yakima Air Terminal McAllister Field, et al., Yakima Superior Court Cause No. 12-2-01536-7. The City and the County shall mutually agree on any settlement or continuation of litigation expenses, including outside counsel attorney fees. The City and the County shall each assume one half of any liability resulting from a final judgment or settlement of the litigation, including any associated legal fees and costs. 5.3 Other Liabilities. Other than as specifically provided herein, all obligations and liabilities preexisting the date of execution of this agreement, or arising after the date of execution from acts or conduct of the Yakima Air Terminal Board, its officers, agents, or employees predating date of execution, shall be the sole responsibility of the City and the County shall not be responsible therefore other than by specific written agreement. Unless otherwise specifically provided herein, the City agrees to hold harmless and indemnify Yakima County, its elected officials, officers, employees, and agents from any and all said preexisting debts, liabilities, choses in action, or claims of any nature, absolute or contingent, together with all expenses and legal fees incurred to compromise or defend such liabilities, choses in action, or claims of any nature, absolute or contingent, including, but not limited to, any and all liabilities arising from State or Federal audit. 6. Hazardous Substances. 6.1 Definitions: a. "Person" as used in this Agreement shall have the meaning given at RCW 70.105D.020 (19): [A]n individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency or Indian tribe. b. "Remedy" or "Remedial Action" as used in this Agreement shall have the meaning given at RCW 70.105D.020 (26): [A]ny action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by 3 hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health. c. "Hazardous Substance" as used in this Agreement shall have the meaning given at RCW 70.105D.020 (10): (a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW; (b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule pursuant to chapter 70.105D RCW; (c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); (d) Petroleum or petroleum products; and (e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment. d. "Facility" as used in this Agreement shall have the meaning given at RCW 70.105D.020 (5): [a]ny building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel,'or aircraft, or(b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located. e. "Federal cleanup law" as used in this Agreement shall have the meaning given at RCW 70.105D.020 (6): The federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499. 4 f. "Contamination" as used in this Agreement shall have the meaning: The presence of any Hazardous Substance at or affecting the Yakima Air Terminal Facility, including any hazardous substances that have migrated to or from the Yakima Air Terminal Facility, provided such Hazardous Substances are present in such concentrations or other such conditions as to create a violation, liability or a duty to conduct a response under the Model Toxics Control Act, Wash. Rev. Code § 70.105D or the Federal Cleanup Law. 6.2 Remediation. The City of Yakima shall be responsible for all costs associated with investigation and Remediation of any Contamination at and/or from the Yakima Air Terminal Facility arising under the Model Toxics Control Act, RCW Chapter 70.105D, and/or the Federal Cleanup Law from the date of this Agreement forward. 6.3 Release and Waiver. The City of Yakima hereby waives all known and unknown rights and releases all claims and causes of action whether now or hereafter in existence that it may have against the County of Yakima related to Contamination at the Yakima Air Terminal Facility. 6.4 Indemnity. The City of Yakima shall be responsible for the future costs of investigation and Remediation of Contamination at/or from the Yakima Air Terminal Facility and shall defend, indemnify and hold harmless Yakima County from and against any and all "Environmental Risks." For purposes of this Agreement "Environmental Risk" means and includes any and all acts or threatened losses, all direct and indirect costs associated with Remedial Action (including the repair, replacement or restoration of improvements and equipment; and monitoring and other requirements imposed by any governmental entity), liabilities, demands, claims and causes of action (including those asserted by third parties for personal injury, illness, death, and damage to real and personal property), damages (including natural resource damages, consequential damages and punitive damages), expenses (including experts and consultants' fees and disbursements), reasonable attorney's fees and disbursements for in-house and outside counsel (including those incurred at trial, on appeal, or in enforcing this Agreement, and regardless of the outcome) fines, assessments, penalties, forfeitures, judgments, settlements, orders, equitable relief of any kind, suffered, paid, incurred by, or sought from Yakima County by any Person in connection with, in whole or in part, or arising or allegedly arising, directly or indirectly out of: 5 a. The presence, suspected presence, or threat of Contamination at the Yakima Air Terminal Facility; or b. Non-compliance with any environmental law, including, but not limited to, the Model Toxics Control Act, RCW Chapter 70.105D and/the Federal Cleanup Law. 6.5 Duration of the City of Yakima's Duty to Indemnify. The City of Yakima's duty to indemnify and defend Yakima County shall continue until terminated by mutual agreement of the parties. 7. Personnel. The City shall hire all existing Yakima Air Terminal employees who choose to transition to City employment. Employees who transition to City employment shall be subject to the applicable provisions, terms and conditions of the collective bargaining agreement between the Yakima Air Terminal, and Washington State Council of County and City Employees, AFSCME, Local 1122, AFLCIO, attached hereto as Exhibit "C" and incorporated by reference as though fully set forth herein. Exhibit "C" shall govern the initial term and conditions of employment and will be honored by the City of Yakima through December 31, 2013, unless amended as provided therein. Annual leave and sick leave accrued by Yakima Air Terminal employees as of the date of this Agreement shall be the exclusive liability of the City of Yakima. 8. Lease Assignment. All lease agreements between Yakima Air Terminal as lessor and tenants of the Air Terminal are hereby assigned to the City of Yakima effective February 12, 2013. 9. Assignment. Any assignment of this Agreement by the City shall specifically require the assignee to assume all terms, conditions, duties, obligations and liabilities of the City as set forth herein. 10. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach, threat or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 6 11. Severability. If any portion of this Agreement is changed by mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 12. Integration. This written document constitutes the entire Agreement between the City and the County. There are no other Agreements between the parties as to the subject covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition is in writing and executed by the parties. 13. Notices. Any notice provided for or concerning this Agreement shall in writing and shall be deemed sufficiently given when delivered or when sent by certified or registered mail to the following: To City: Tony O'Rourke, City Manager 129 N. 2nd Street Yakima, WA 98901 To County: J. Rand Elliott Yakima County Commissioner 128 N. 2nd Street, Rm. 232 Yakima, WA 98901 14. No Third Party Beneficiary. The County and the City agree that this Agreement shall not confer third party beneficiary status on any non-party, including the citizens of either the County or the City. 15. Dispute Resolution. 15.1 In the event of a dispute between the County and the City arising by reason of this Agreement, the dispute shall first be referred to officers or representatives designated by the Chairman of the Board of Yakima County Commissioners and the City Manager. The officers or representatives so designated shall meet within thirty (30) calendar days of either party's request for a meeting, and the parties shall make a good faith effort to achieve a resolution of the dispute. 15.2 If the parties are unable to resolve the dispute under the procedure set forth in Section 15.1, the matter shall be referred to mediation. The parties shall mutually 7 agree upon a mediator to assist them in resolving the dispute. Any expenses incidental to mediation shall be borne equally by the parties. 15.3 If the parties fail to resolve the dispute through mediation, either party may then pursue any available judicial remedies. The prevailing party shall be entitled to recover their reasonable attorney's fees, costs, and expenses incurred in connection with the litigation. 16. Venue. The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action concerning this Agreement shall be .\pOFYAKItij4c\`������III►►►,,��//,/,� O W • O: • ATTEST:110* � `\: I I Ski °` brought in the Superior Court of Yakima County. Executed by the parties, this ire, day of ATTEST: til City Cler CITY OF By: Tony Orke, City Manager CITY CONTRACFN t7/7 O` RESOLUTION NO: ` .0.02G71 2013. Tiera L. Girard Clerk of the Board BOARD OF YAKIMA COUNTY COMMISSIONERS 8 Excused Michael D. Leita, Chairman ouchey, Commissioner Rand Elliott, Commissioner Constitutin.'.. e Board of County Commissioners for Yakima County, Washington App ed as to form: Chief Ci Terry D. Austin eputy Prosecuting Attorney BOCC89-2013 February 12, 2013 EXHIBIT "A" LEGAL DESCRIPTION YAKIMA AIR TERMINAL NOTE: Bearings are referenced to the Washington State Grid System (South Zone). Survey is a closed Traverse. Total Horizontal Traverse Length = 45,198.24 feet 8.5603 miles Total Acreage = 809.041 Beginning at the northeast corner of the southeast quarter of Section 35, Township 13 North, Range 18 E.W.M.; thence N 89°39'31" W along the north line of said subdivision, 30 feet; thence S 0°10'29" W parallel with the east line of said subdivision, 30 feet to the true point of beginning; thence S 0°10'29" W, 1,097.53 feet; thence S 89°49'31" E, 60 feet to a point which is tangent to a curve having a radius of 320 feet and the long chord of which bears S 25°23'31" E; thence southeasterly along said curve, 285.58 feet; thence S 50°57'31" E, 488.85 feet to a point which is tangent to a curve to the right having a radius of 430 feet and the long chord of which bears S 43°35'25" E; thence southeasterly along said curve, 110.59 feet to its intersection with the west line of Tract 42 of the "Plat of Section 36, Township 13 North, Range 18 E.W.M.", as recorded in Volume "E" of Plats, Page 36, Records of Yakima County, Washington; thence N 0°14'59" E along said west line 14.47 feet; thence S 69°58'34" E, 679.26 feet to the east line of said Tract 42; thence S 73°32'54" E, 41.66 feet to the west line of Tract 43 of said Plat of Section 36, thence S 89°20'31" E, 639.22 feet to the east line of said Tract 43; thence S 0°14'59" W along said east line, 38.28 feet; thence S 89°20'31" E, 639.22 feet to the east line of Tract 44 of said "Plat of Section 36", thence S 0°14'59" W along said east line, 632.5 feet to the south line of said Section 36; thence N 89°20'31" W along said south line, 21.34 feet; thence S 1°26'03" E, 692.85 feet; thence S 88°45'28" W, 12.47 feet;; thence S 0°58'36" E, 510 feet; thence S 88°45'26" W, 253 feet; thence S 1°26'03" E, 17.3 feet; thence S 88°45'26" W, 455 feet to the east line of Section 2, Township 12 North, Range 18 E.W.M.; thence N 1°26'03" W along said east line 527.3 feet to the southeast corner of Government Lot 1 of said Section 2; thence S 89°43'57" W along the south line of said Government Lot 1, 1,341.63 feet to the west right-of-way line of South 16th Avenue; thence N 0°59'00" W along said right of way line, 545.18 feet; thence N 41°53'31" W; 477.39 feet to a point which is tangent to a curve having a radius of 520 feet and the long chord of which bears N 26°42'30" W; thence northwesterly along said curve, 275.6 feet; thence N 89°55' 10" W, 706.44 feet; thence S 0°08'59" W, 400 feet to the north line of said Section 2; thence N 89°55'10" W along said north line, 28.58 feet; thence S 0°31 '58" E parallel with the west line of the northeast quarter of said Section 2, 1,731.89 feet; thence S 89°08'02" W, 700 feet; thence N 0°13'58" W, 377.0 feet; thence N 80°12'59" W, 2,060.34 feet to the east line of Section 3, Township 12 North, Range 18 E.W.M.; thence N 0°21'06" E along said east line, 8.73 feet; thence N 80°06'21" W, 1,437.6 feet; thence N 29°51'31" W, 259.4 feet to the centerline of Bachelor Creek; thence southwesterly along said centerline, or for purposes of traverse closure, S 63°23' 17" W, 760.99 feet; thence N 0°36'36" E, 889.10 feet to the north line of said Section 3; thence S 89°40'13" E, 257.72 feet to the southeast corner of Section 34, Township 13 North, Range 18 E.W.M.; thence N 0°26'43" E along the east line of said Section 34, 95 feet; thence N 60°40'27" E, 2,001.41 feet; thence N 69°58'34" W, 731.31 feet; thence N 89°51'54" W, 1,048.21 feet to the east line of said Section 34; thence N 89°44'36" W, 1,317.79 feet; thence N 0°30'21" E, 815.52 feet; thence N 69°58'34" W, 1,395.92 feet to the west line of the southeast quarter of said Section 34; thence N 0°33'59" E along said west line 37.35 feet to the center of said Section 34; thence N 0°34'39" E along the east line of the northwest quarter of said Section 34, 30.00 feet; thence N 89°52'21" W parallel with the south line of said subdivision, 2,601.75 feet to a point 20 feet east of the west line of said subdivision; thence N 0°31'24" E parallel with said west line, 2,484.28 feet to a point lying 100 feet south of the north line of said subdivision; thence N 89°45'19" E parallel with said north line 1,292.42 feet; thence N 0°33'01" E, 100 feet to the said north line; thence N 89°45'19" E along said north line 1,312.47 feet to the northeast corner of said subdivision; thence S 0°34'39" W along the east line of said subdivision, 1,005.92 feet; thence S 61°21'18" E 73.20 feet; thence S 69°56'33" E, 352.18 feet to the northerly right of way line of relocated West Washington Avenue; thence S 78°58'50" E along said right of way line, 142.47 feet; thence S 11°01'10" W, 60 feet to the southerly right of way line of relocated West Washington Avenue; thence S 78°58'50" E along southerly right of way line 2,635.12 feet to a point which is tangent to a curve to the left having a radius of 981.97 feet and the long chord of which bears 84°27'52" E; thence southeasterly along said curve, 185.36 feet to a point on the west line of the east half of the southwest quarter of the northwest quarter of Section 35, Township 13 North, Range 18 E.W.M.; thence S 0°21'09" W along said west line 424.03 feet; thence S 69°58'34" E, 713.30 feet to a point on the east line of said subdivision; thence N 0°15'36" E along said east line 7.69 feet; thence S 70°00'25" E, 443.15 feet to a point lying 30 feet north of the south line of west half of the southeast quarter of the northwest quarter of said Section 35; thence S 89°56'08" E, parallel with said south line 254.83 feet to a point on the east line of said subdivision; thence N 0°10'02" E, 650.34 feet to a point on the southerly right of way line of relocated West Washington Avenue, said point being on a curve to the right having a radius of 922.54 feet and the long chord of which bears S 61°16'10" E; thence southeasterly along said curve, 240.15 feet to its point of tangency; thence S 44°29'31" E, 380.97 feet to a point which is tangent to a curve to the left having a radius of 985.00 feet and the long chord of which bears S 67°04'31" E; thence southeasterly along said curve, 776.48 feet; thence S 89°38'31" E parallel with the North line of the southeast quarter of Section 35, Township 13 North, Range 18 E.W.M., 2,154.97 feet to the true point of beginning, all in the City of Yakima, Washington. YAKIMA AIR TERMINAL.- McALLISTER FIELD SMALL & ATTRACTIVE ASSET INVENTORY 12/20/12 FILENAME:ASSETS:SA LIST INV# SA128 SA138- SA150 SA152 SA161 SA163 SA174 SA180 SA184 SA189 SA190 SA193 SA194 SA195 SA196 SA197 SA198 SA199 SA202 SA203 SA204 SA206 SA207 SA208 SA209 SA210 SA211 SA212 SA213 SA214 SA215 SA217 SA218 SA219 SA220 SA221 DESCRIPTION Image -maker 100 bindermachine Onyx 'Flyer Open Utililty.Trailer Triple S Floor Buffer 1954 Yale Forklift A & 1.25 -Gallon Sprayer Tory -GTS Lawn. Mower Brother Typewriter Minuteman Upright Vacume Viewsonic Monitor 1.7" Sony TapeRecorder Security -Camera RG -46 Lancher Handgun RG -46 Lancher Handgun RG -46 Lancher Handgun Projector Canon Faxphone Dell Vostro. 200 PC 2.66 GHz (Kris) Dell Vostro-200 PC 2.0 GHz (Lee) Kent, Champion 28. Vacuum 96 Erriglow Compressor HP Laser Jer 4 Printer Air. Mask. For Fire. Dept Flag Pole Honda •Snowblower Line Lazer Striper Millermatic 185 Welder Rodenator Dydon Vacume Lenovo- Computer (Rob) HP Photosmart-Camera Dell Computer (Intern) Del Computer (Server) Minuteman Carpet Scrubber Remington 870 Shotgun Remington 870:Shotgun .Line Lazer.Striper EXHIBIT "B" Over $500 under -$5000 per Airport policy2010-030 1.1/23/10 Must inventory guns PURCHASE DATE 4/6/94 3/2/00 12/31/02 ? 7/30/01: 8/7/01 11 /22/02 1/30/03 -1/31/05 4/20/06 1/24/06 5/18/07 5/18/07 5/18/07 3/24/08 3/5/09 3/5/09 3/9109 2/29/92 6/18/05 6/15/05 6/21 /05: 6/21/05 6/19/05 7/26/2001 2/1 /00 1-1/4/09 2009 3/2/2011 ?7?' 7/29/04. 7/29/04 3/15/04 1.1/15/10 11/15/10 1996 Page 1 of 2 COST $ 484.19 $ 940.02 7 $ 419.73' $ 350:00: $ 120.82 $ 676:02 $ 410.01 $ 87.50 $ 937.08 $ 96.37' $ 96.37 $ 96.37 $ 922.94 $292.13 $ 713.04 $1;254.04 1;639.53 1,401.62 1,675.45 $1,601.23 $1,897:00 $2;099:72 $4,968.67 $1,241.70 $1,480.00 $ 428:07 $ '595.08 ?? $.1,189.69 $3,271.91 $4,956.56 $ 2$9.00 $ 250:00 $2,463.36 LOCATION Office Shop Terminal. Shop Shop Office Garage -Shop Terminal Shop Office Terminal Mike B Mike H Clay Office Shop. Kris Lee Terminal Shop Office Fire: Station Yard Terminal Shop Shop. Shop Office Rob Office Office Office Terminal Mike. B Truck Mike: H Truck Shop YAKIMA•AIR TERMINAL - McALLISTER FIELD SMALL & ATTRACTIVE ASSET INVENTORY 12/20/12 FILENAME:ASSETS:SA LIST INV# SA222. SA223 SA225 SA226 -SA227 SA229 SA300 SA231 SA50 =SA51 .SA52 SA53 DESCRIPTION 96. Miller Bobcat: Welder 83 Emglo Compress Metrotch 810 with 4820Metroclamp. Kent Champion:28:Vacume Gateway Computer (Alejandra) Stihl Leaf Blower Gateway. (Alejandra) Airfield Friction Tester RADIOS Handheld Company Radios Vehicle Company Radios Handheld Tower (VHF) Radios Vehicle Tower (VHF) Radios. Over $500 under $5000. per Airport.policy2010-030 11/23/10 Mustinventory guns PURCHASE. DATE 1996 6/5/05 12/15/00 8/21/02 8/17/11 1/13/12 11/19/12 Varies Varies Varies Varies Page 2.of 2 COST LOCATION $3,45Z60 Shop $1,679.00 Shop $2,852.82 Shop $1,882:86 Terminal $ 411.15 Office $ 220.46 Terminal Office $3,833.76 Shop YAKIMA AIR TERMINAL.-:McALLISTER FIELD EQUIPMENT INVENTORY 12/20/12 INVENTORY # DESCRIPTION 'ERENCE # 100-1949 50 FORD/MARMON SNOWPLOW 104.1969 69 INTL 2-1/2 TON DUMP TRUCK 107-1981 82 OSHKOSH SNOW PLOW 108A 981 82 OSHKOSH SNOWPLOW 109-1983 83 CHEV CFR TRUCK & BOX. 1.11-1986 86 CASE TRACTOR 113-1987 87 OSHKOSH CFR TRUCK 1,15-1989 89.SWEEPST_ER' 116-1989 89 CHEV 314 TON Pill: 117-1989 89 CHEV S=10 P/U 119-1990 1990.FORD TRACTOR 123-1992 1992 OSHKOSH SNOWBLOWER 128-1994 1994 CASE RAMP PLOW 131-1994 1994 TERRA JET SWEEPER 135-1996 1996 FORD 4X 4 PICKUP 137-1996 1996'OSHKOSH SNOWPLOW 138-1996 1997 OSHKOSH SNOWPLOW 139-1997 1997 BUSH HOG MOWER' 140-1997 1979 ALLIS CHAL FORKLIFT '142-1998 1987 INTL FLATBED TRUCK 145-20002001 DODGE RAM PU -6075 146-2000 2001 DODGE.RAM PU - 6074 151-2000 2000 JOHN DEER MXB CUTTER 152-2000 .PANASONIC COPIER 153-2001 HERMAN MILLER 154-2001 2001 FORD EXPEDITION 157-2000. 1990 CASE 580 BACK HOE. 159-2001 2001 JOHN DEERE LAWN TRACTOR 161-2001 1989 CHEVY BUCKET TRUCK 162-2001 2000 RUNWAY CLOSURE X TRAILER 163-2001 2000 RUNWAY CLOSURE X TRAILER 167-2003 2003 TURBO WAY PASSRAMP 2025 168-2003 1986 GILLI PHANTOM BUS - 173 -2005. 2005 Oshkosh Crash Truck 174-2006-1992 Ford Aircraft Stairs 175-2006 1986 Jeep Tug 178-2009 Badging Station Equipment 179-2009 Fingerprint Station 180-2009 Access Control in Terminal TOTAL.- EQUIPMENT .ALL DEPRECIATION ON STRAIGHT LINE METHOD FILENAME: ASSETS/EQUIPMENT INVENTORY DATE COST COST 'COST COST COST' COST .AIP/PFC PURCH AIRPORT FED OR AIP :OTHER GOV1 :PFC STATE PRIVATE 1949 5,000.00 '1969 11,482.00 1981 87;403.50 1981 87,403.50 ADAP'07 1983 2;909.25 26,183.33 1986 24,238:03 AIP 07 1987' 27;512.42 247,61137 AIP 09 1989 2;335.28 21,017:54 1989 13;586.27 1989 12,01328 1990 24,719.63 AIP 11/PFC 1 1992 463.63 270,247;32 30,075.12 AIP 14 1994 2;194.83 132,027.23 14,669:69 AIP 13 1994 -0.60 131,143:34 14;571.50 1996 18;378.26 AIP 16/PFC4 1996 0.00 147,369.59 34,789 80 AIP'16/PFC4 1996 0.00 147,369.59. 34,78979 97-002 1997 13; 576.31 97-006 1997 '757.25 12,750.00 1998 3,565.88 7,500.00 2000 24,178.62 2000 24,151.72' 2000 4,895.39 Dec -00 .9,562.10 Jan -01 0.00 55364'14 Feb -01 31,373.35 Dec -00 20,634.00 July -01 .3,311:45' Nov -01 10,000.00 Dec -01 0.00- 13;500.00 1,500.00 Dec -01 0.00 13;500.00 1,500.00 -alp 23 Apr -03 15,436:80 Dec -03 0.00 10000 aip25/pfc 9- Jun -05 590,543.23 31,081.23 Sep -06 45,912.34. Sep -06 15,074.13 PFC 11 Jun -09 PFC;11 Jun -09. PFC 11 Jun -09' 16,264 00 18;071.00 84,010.00 541,868.82 1,753,262.94 20,500.00' 333,686.27 COST TOTAL 1,715.20 5,000.00 1.1,482.00 87,403.50 87,403.50 29,092.58 24;238.03 275,124.19 23,352.82 13,586:27 12,013.28 24,719.63 300,786.07 148,891 75 145,714.24 18,378.26 '182,159,39 182,159.38 13,576.31 13,507.25 11,065.88 24,178:62 24,151 72 4,695,39 9,562.10 55;364:14 31,373:35 20,634 00 3,311.45 10,000.00. 15,000.00 15,000.00 17,152.00 10,000.00 621,624.46 45;912.34 15,074.13' 16;264.00 18,071:00 84;010.00 0.00 1;715.20 2,651,033.03 C L CTIV 4.10 2 12 2f 14 •ARG Y KIM Al Mc/ ASH! C * • GT C N ST EXHIBIT "C" MING AGREEMENT Between TE !NAL (Y if* Ills ter Field and UNCJL 2 TE COUNCIL F CITY EMPLOYE:ES TY AN T) Representing Local 1122 Yakima Air Ter Mai E pioye s American Federation of State Cou ty and Municipal Employees, AFL-CIO EFFECTIVE JANUARY 15 2012 THROUGH DECEMBER 31, 2014 TABLE OF CONTENTS PREAMBLE • • • 3 PRODUCTIVITY ARTICLE I' - RECOGNITION • 3 ARTICLE:II. - UNION MEMBERSHIP 3 ARTICLE COLLECTIVE.B.ARGAINING 3' ARTICLETV - GRIEVANCE PROCEDURE 4 ARTICLE V'-.BUSINESS.LEAVE 7 ARTICLEVIr EMPLOYEE RIGHTS -8 ARTICLE VII MANAGEMENT RIGHTS 8 ARTICLE - EQUAL OPPORTUNITY. 9 ARTICLE IX CONTRACT.NG WORK 9 ARTICLE X SALARY/WAGES 9 ARTICLE XI BENEFITS 11: ARTICLEXII - SICK LEAVE, , 13 ARTICLE XIII - VACATION' -16 ARTICLE XIV --HOLIDAYS18 'RTICLE.XV - OTHER LEAVES 18 ARTICLE.XVI WORK WEEK PROVISIONS 19 ARTICLE XVII - OVERTIME20. ARTICLE XVIII - CALL OUT PAY • • ... 20 ARTICLE XIX SENIORITY 20 ARTICLE XX - LAYOFF/ PROMOTIONS 21. ARTICLE.XXI, DISCIPLINE -- • 22 ARTICLE XXII - .ALCOHOL &DRUG AKSE,POLIGY , '23' ARTICLE XXIII - PARTICIPATION IN SELECTION OF AIRPORT MANAGER 26 ARTrcLETxxrv—ENTIRE AGREEMENT 26' ARTICLE.XXV SAVINGS CLAUSE 26. ARTICLE,XXV. - 'TERMINATION • ATTACHMENT "A" ATTACHMENT "B" Fifteen (15) Step Salary! Wage Pay Plan Schedule Airport Organization Chart 2' PREAMBLE This Agreement is entered: into by the Yakima .Air Terminal _ McAllister Field hereinafter referred to as. the "Employer" and Council 2, Washington State Council of County and City Employees, representing Local ,1.122, American Federation of State County and. Municipal, Employees,. representing Yakima Air. Terminal. Employeeshereinafter referred to as the "Union", and has as its purpose. the ..promotion of harmonious relations between the Employer and the Union, the establishment of;anequitable and peaceful .procedure for theresolutionof differences, and theestablishment- of rates -of pay, hours of work, and other conditions of employment. PRODUCTIVITY When the airport owners - Yakima County & City of Yakima - accept funds from Federal Aviation Administration (FAA) administered airport_ financial assistance programs, they must agree to certain. obligations (or assurances). Theseobligations require the recipients "to maintain and operate their facilities safely and efficiently". Toward this primary goal, the Employer and the Union shall cooperate to.provid.e the public with efficient and courteousservice, to encourage good attendance of employees and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in the maintenance and operation of the Yakima Air "Terminal (VAI`). ARTICLE I — RECO.GNITION .1 The Employer recognizes, the Union as the exclusive bargaining representative of the bargaining. unit consisting, of the permanent employees of the Yakima Air Terminal. Excluded from the bargaining unit are all officers and -members of the YAT Airport .Board, Airport Manager and Assistant Airport. Manager; Finanee Administrator and Confidential Employees. 1.2 If .for any reason outlined under this Agreement the Employer believes there is .an emergency which will affect -the purpose or intent of any :article in_ this Agreement, he/she shall :contact the. Union Shop Steward or the Union Staff Representative as soon as.reasonably possible. ARTICLE II UNION MEMBERSHIP 2:1 Union Membership, Employees in the bargaining. unit :may choose whether or not to join the Union and whetheror not to pay Union dues. ARTICLE III - COLLECTIVE BARGAINING 3.1 Collective Bargaining Commimittees. Collective bargaining between'the parties shall 'be carried out by a representatives) .appointed by the_ Employer and a representative(s) appointed by the Union. The parties shall notify each other in writing of the names of the person or persons representing theirrespective. group for collective bargaining, purposes. 3 3.2 Negotiations Timetable. A) The Union. shall notify the Employer in writing of its :desire to negotiate a new Agreement during, the month of April, 2014, prior to the expiration of the current Agreement. (RCW 41.56.123 Collective bargaining:agreements = Effect of termination.) B) The Union. shall notify the Employer in writing of its- desire to re -open the Agreement on the issue of salaries only for 2013 _and. 2014 during the month of July of the :preceding year,. i.e.. July, 2012, and July, 2013. C) The "during the.month of April" notification date required of the Union reflects the: effort to ensure all negotiations are. completed prior to finalization and submission of the .next calendar/fiscal year's airport budget to the City and County of Yakima not later than November 1St -of the preceding budget/fiscal year: D) Negotiations Must begin not more thanf fteen (l5) days after the date of said notification. Said negotiations may take place during non -work time as well as, occasionally; during work time. 3.3 Public Disclosure. Neither party shall independently issue releases to any news media, nor otherwise make public disclosure during pre -impasse negotiation ofa.Collective Bargaining Agreement ARTICLE IV - GRIEVANCE PROCEDURE 4.I Policy. The parties recognize the most effective accomplishment of the work. of the Airport requires prompt corisideration and equitable adjustments of employee grievances. It is.the desire of the.parties to .adjust grievances:informally whenever possible;, and both supervisors and employees are. expected to. make every effort to resolve, problems as they arise..However; :it is recognized there may be .grievances that carr be .resolved only after a formal review. Accordingly grievances of employees covered by this Agreement shall be resolved as fairly and. expeditiously as possible: 4.2 Grievance Defined. A grievance. is. defined as a.complaint regarding the application and/or interpretation of the specific terms and conditions set forth in this, Collective Bargaining Agree/bent._ A grievance may be fled by ari employee, a group of employees, or the employer. 4.3 Special'Provisions. A) The Willi "employee" as itsed.in this Article shall mean individual employee, or group of employees;.aceompanied by a representative if so desired. B). A Union Officer or -Steward and/or aggrieved. party. may be granted time off without loss of pay by using accrued; vacation tithe •for the purpose of processing a.grievance if such time off does not interfere with work productivity and efficiency. (See Article XIII — Vacation) 4 C) Grievances on behalf of an individual employee may not. be initiated or pursued without his -or her consent. However, Agreement grievances may be initiated or pursued by the Union. D) A grievance may be, entertained in or advanced to any 'Step in. the grievance procedure if the parties so jointly agree. E}. The -time limits within which action.must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved, A statement of duration of such extension of time. must be signed by both parties. Failure: to timely file a grievance in accordance with Article 4.5 A,..Step 1 shall mean the grievance is forever waived and -lost. F} Any grievance shall;;be considered settled .at the completion of any Step if all parties. are :satisfied or if neither party presents the matter to a higher authority within the prescribed period 'of time. If the grievance is' not appealed as prescribed, the issues shalt be deemed withdrawn. 4.4 Procedure. A :grievance must state the specific provisions of the Collective Bargaining. Agreement allegedly violated and the facts and/or circumstances relating to .such alleged violation. 'The .grievance must identify :the. erriployee(s) involved and how they are. allegedly affected as. well as a description of the relief .sought consistent with the .provisions of -this Collective.Bargaining Agreement 4.5 Grievance Process: A) Step I - Written Grievance to Supervisor: As soon as possible, but in no case .later. than thirty (30) calendar days after an employee reasonably should have' known of the occurrence of an alleged grievance, said employee :shall submit a written grievance in .conformity With the provisions of this Step and Article and shall discuss the grievance with the employee's supervisor: Said supervisor shall investigate the facts and circumstances. of the complaint and provide. a written. response within twenty (20) calendar days of the submission of the written grievance. and the discussion.. Failure of the supervisor to respond. is to be construed as aodenial of the grievance and if the employees) wishes to appeal to Step 2,. then the :employee(s) will be.required to follow the provisions of Step 2 B) Step 2-- Written Grievance to Airport Manager: If the grievance : is not 'resolved 'at Step 1 'above, then -the written .grievance may be submitted by the employee(s) to the Airport Manager within ten (10) Working days of reeeipt of the written decision of the supervisor or Within ten (10) working.days of When- the: henthe: supervisor's response was due. The Airport Manager may hear the grievance and: forward a. written decision to the employee within ten (10) working days after .the hearing. If the Airport Manager does not .respond .to the .grievance within ten '(I0) 5 working days, then the grievance shall be construed as being denied and the employees) may proceed:'to Step' 3. C) Step.3 Written Grievance to Board: If the grievance is not resolved at Step 2, the written grievance ,may be submitted tothe YAT Airport Board within ten (10) working. days after the written decision of the Airport Manager. 'The Board shall investigate the written grievance and conduct .such .hearings as the Board deems. necessary. The hearing shall be conducted. within forty-five (45) working days .of the filing of the Step 3 written grievance, and the decision shall''be issued within fifteen- (15) working days of the hearings conducted by the.Board. D) Step4- Employer Grievance against Union: If the Employer believes it has a grievance against the Union, said grievance shall, be submitted in writing no later than thirty (30) calendar days after the Employer reasonably should have known of the occurrence of an alleged grievance inconformity with the provisions of this 'Step and Article and shall submit the grievance to the Shop Steward with a .copy 'to the Union Staff Representative. The, Shep Steward shall investigate the .alleged violation and shall issue a written response within twenty (20) calendar days of the `written grievance. If the response is not satisfactory to the Employer, they may appeal to Step 5 below. E) Step 5 - Final and Binding Arbitration of Grievance Either: party .to this Agreement- may refer 'unsettled grievances to final and binding arbitration. The procedures to be followed for final and binding arbitration are as follows: 1) A request for arbitration shall be in writing and shall be :submitted to the other party not more than ten (10) working days after the reply of -the Employer or the Union as applies, or his. designee; unless 'the time shall be extended by mutual agreement. Such. request shall .identify the'.previously filed grievance which is the basis for the request for arbitration and shall .set forth, the issue which the party making, the request seeks to resolve. 2) The Arbitrator May be selected by mutual agreement between the. Erriplayer and the Union. :In the event the parties cannot agree on the selection of the arbitrator within ten (10) working days after the request is filed, then the Employer and the Union shall jointly request Public Employment Relations Commission (PERC) to assign an arbitrator froth its .staff if the parties mutually agree.that the grievance issues. do not require a.short time frame for hearing and. decision. If the- parties cannot mutually agree to PERC designating :an arbitrator .from its staff,:then the parties shall jointly request a list from either the American Arbitration. Association '(AAA) or the Federal Mediation and Conciliation, Service (FMCS).- 3) FMCS): 3) The arbitrator's' authority is limited to .determining whether the Employer or the Union has violated or improperly applied the specific terms and conditions of this Agreement: The arbitrator shall not have the power to. decide a .grievance on a basis inconsistent with. the evidence and beyond the specific terms and conditions. of this. Agreement. Arbitration decisions shall riot be retroactive to a date prior to the filing of the grievance nor are punitive' damages authorized. 4) The arbitration:hearing, shall 'be convened within thirty (30) working. days after.the.selection process is completed. PERC, AAA or FMCS rules and/or procedures shall govern depending upon which entity provides'the:arbitrator. 5) The parties agree that the decision of the arbitrator shall be final and binding upon parties' provided the arbitrator.has not violated the provisions above. If.admiriistratively practical, the decision will. be implemented within thirty (30) working days of the arbitrator's decision.. 6) The :cost 'of .arbitration shall be :shared equally by the parties including the arbitrator's fee .arid expenses, room rental and the cost of the .record. Arbitration proceedings shall' be recorded verbatim by a court reporter and a. transcript provided, the cost of which shall be shared equally by the parties. 7) Each party shall bear the cost of the preparation of its own case. ARTICLE V - BUSINESS LEAVE 5.1 Employee Bargaining Unit: A): Subject to the prior approval of the Airport Manager, officers and members of:the Union bargaining unit as may be designated by the Union-, not to exceed one (1_) in number .at any one time, shall be granted' leave from .duty with pay for Union business,. such as attending labor conventions :and educational conferences regarding collective bargaining provided that notice .of such conventions or conferences must be given at least two (2) work weeks .prior to' the tithe of the meeting. This ;provision is also subject to the total_ leave for bargaining. unit. personnel for purposes; of this section :not exceeding three (3): days in.any fiscal year. B) The Employer agrees to allow a one (l) hour per month General Union Meeting .during work hours. A half Baur (1/2) will be the erriployee's lunch break, and the -other half hour. (.I/2).will be paid bythe. Employer. 5.2 Shop Steward: The Shop Steward shall be allowed up to one. (1) .additional how per month with pay for Shop Steward meetings conducted during the Steward's work shift: ARTICLE VI., EMPLOYEE RIGHTS 6.1 An employee. shall .have the right, upon, request, to inspect, his/her personnel file. No material referring to the employees job competence or conduct ,shall be placed in the ,file 'Without the employee's knowledge, and the opportunity to attach his/her ,.cenimerits. A copy of' any entry, pertaining.td: job :conipetence ot,conduct will be given'tothe employee -by the Airport Manager. Employees shall date and sign .any and all documents intendedto go. into the employee's personnel file when asked by the Employer as an aeknowledgmerit ofhavirig,seen the document. 6;2 An employee .is entitled to „Uniern representation 'at an investigatory interview if the ,employee :reasonably believes.the session might result -in disciplinary action against him or her. 6.3 'Except as otherwise provided in State law, off-duty. activities ,of. an employee shall not be the cause for disciplinary -action unless such activity is detrimental to the employee's performance on the job. 6,4 Work Rules ::: TO: the extent practical, work rules and policy shall be posted for employees and be in writing They shall be uniformly applied When existing work niles, policy or procedure are changed or new rules or .procedures established; employees whose work. assignment is affected :shalt be notified in writing (by circulated memorandum) and the.new,rule.;.or procedure shall be posted prominently ,on appropriate bulletin boards for -a period of ten (10) Working days before becoming effective,:exceptfor changes of'anemergency flaunt, ARTICLE' - MANAGEMENT .RIGHTS 7.1 .Except as specifically abridged, granted delegated or modified by 'this Agreement, including :amendments, the Board retains all legal and inherent exclusive rights with TeSpeetto Matter -8 of legislative and managerial poliey.. 'Furthermore, the Employer reserves all customary ,managementprerogatives, including, bUtnOt limited to, the right to: A) 'Estahh5.h, plan for, and direct the work force toward theorganizational goals of the, Airport. B) C) D) Determine the Organi2.atioh, merits, necessity and level ,of activity or service provided to the.publie.: Determine. the' Airport 'budget and -financial, policies;, including accounting procedures. Establish, regulate and administer a personnel system which provides for all types of personnel transactions including determining the -procedures .and ,standards .for hiring; promotion, transfer, assignment, layoff, discipline, retention and classification of 'positions. The Employer shall forthwith undertake .establishment of written guidelines to accomplish these goals. E), Discipline or discharge -of employees for jut cause in 'accordatioe with Article XXI Discipiine 8 F) Determine the methods, Means, equipment, numbers and kinds of personnel and. the job or position content required to accomplish Airport. operations and maintain the safety and efficiency thereof. G). Determine and change the number and locations. and types of operations, processes and materials to' be used in carrying -out- all. Airport functions, H) Assign Work to. and 'schedule employees in accordance with the job classification and position. descriptions, and to establish and,change work schedules in accordance with Article X`VI — Work 'Week Provisions:. I) Relieve any employees from duty dueto lack of work or insufficient funds. Take all actions necessary to carry out the mission of the Airport in emergencies. 7.2 The above cited management .rights are not to be interpreted as being all inclusive but indicate the type of rights which belong to the Employer. It is understood- thatany rights, power and authority the Employer had prior to the signing of this Agreement are retained by the Employer. ARTICLE VIII - EQUAL OPPORTUNITY 8.1 It is the policy of the Employer and .the Union to comply with the Federal and State laws regarding discrimination. ARTICLE.IX - CON'T'RACTING WORK 9.1 The Employer has the right to contract out bargaining' unit work .previously contracted out. without negotiations. If the Employer decides to contract out bargaining unit work not previously contracted out but which would not result .in. the layoff or displacement of regular full-time erriployees within the bargaining unit, the Employer shall have the right to implement said contracting out without negotiations. If the Employer decides to contract out bargaining unit work not previously contracted out which will result in the layoff or displacement of regular full-time employees in the.. bargaining unit, the Employer will notify ;the Shop Steward of its intention to contract out bargaining unit work which will result in the layoff and/or displacement of.bargaining. unit :employees. Thereafter, if the Union provides written notification it wishes. to bargain regarding the decision and effects .of such contracting out, it will notify the Employer within; five (5) working days of the notice by the Employer to the Union. 'Thereafter; the parties shall meet. to negotiate.in good faith the decision. and' the effects and shall -bargain .to a conclusion within thirty (30) working days. of the Union's notice. to the Employer. The parties agree that this th Article shall be excluded from e provisions of subsection (1) of RCW 41.56:123;. ARTICLE X - SALARY/WAGGES 10.1 WAGES: Ail employees shall be paid in accordance with the following: 9 A) The attached Fifteen (15) Step Wage Pay Plan Schedule ("Pay 'for Performance Plan") will apply to all ettployees. (Attachment A) B}. All previous wages. and pay schedules including the Five (5), Seven (7):and 'Ten (.10) Step plans included with previous versions of this Agreemeint.are considered obsolete and will. no lcinger apply to.any employee. } Current employees shall be placed into :his/her appropriate step. This :step Will be .nearest to employee's step under a,previous plan, and in no case shall be lower than the employee's base rate under a previous plan. 10.2 The parties agree to discuss wage package issues only for 2013, during the month of April, 201.2, depending, upon the economic and financial conditions of the airport at that time: 10.3. The parties; agree to discuss' wage. package issues only.for.2014, during the month' of April, 2013, depending upon the economic and financial conditions of the airport at that time. 10.4 Pay Provisions — Fifteen (15) Step Salary/Wage Pay Plan: A). Employees .hired orrappointed .after. January .1, 2012, will be placed on. the Fifteen (15) Step Salary/Wage Pay PlamSchedule in the applicable job classification. B) The progression throughpay steps is'.controlled.by the following provisions: 1) The minimum' rate 'of pay for a class shall be paid to any person on .the. original appointment. Appointments at a salary rate. above the minimum may be authorized by'the appointing authority when necessary to fill positions in "shortage" occupations: or when necessary to recruit applicants with exceptional qualifications: 2) The basic salary range shall consist of 'Fifteen (15) steps to be known as Step 1 (probationary), through.Step 15. 3) Probationary period: An employee starting; at Step 1, except. seasonal employees, may advance t� the next higher step subject to satisfactory completion of a six (6) month probationary _period. If an employee is appointed at a salary rate .above the initial entry Step l; the employee may advance to the .next higher step based on. superior .performance at the discretion and.evaluation of the Employer. 4) "Pay for Performance" All employees' Subject to the employee's satisfactory Work performance, as determined and evaluated 'by the Employer, the Employee may advance. ata minimum of 'one step per year. Additional ;steps " may be advanced based on superior performance at the discretion and evaluation of the Employer. 10 16.7 Special Assignment Pay: If the Employer assigns an employee. to work in a higher classification for ten (10) 'working days or longer -and if the, employee performs ninety percent (90%) of the, duties' of the higher classification as determined by the Employer, then the employee shalt receive an additional five percent (5%) of the employee's monthly base pay added to his regular hase Pay for actual time served. If the_assignment is for training purposes, there shall be.no additional::compensation. 10.8 Longevity Pay: Permanent employees hired before January 1, 2012, shall receive compensation called "longevity pay" in addition to their salary. Employees hired after January 1, 2012, will not be eligible for "longevity pay". A). Permanentemployees hired under previous salary/wage scales -"10, 7 and 5 year" plans already receiving a percentage of their monthly base pay as "longevity pay" " will be brought under this new Agreement ,as follows: 1) If -the -employee is- "topped out" in years of service for longevity pay under a previous salaryfwage_scaie, the employee is exempt from the table below. 2) If the employee' is not "topped out" in years of service -for longevity pay butis receiving longevity pay as a percent of base pay, the employee will be brought into the scale below at the same percentage of base pay as is currently paid regardless of the years of service. However, any increase to longevity pay will then be based on the years of service as outlined below: ' 4 If.the employee isnot yet receiving longevity pay, the employee will receive longevity pay according t� the table below... B) Longevity pay will be considereda part of the salary and wage pay plan paragraph 10.4 above. A) YEARS SERVICE LONGEVITY PAY/MONTH At least 60 months to 120.montlis At least 121 months. to 180'montlis .At least 181. months to 240 months At least 241 months to 288 months At least 289 months or more 1.0% of base pay/month 22.0% of base pay/Month 3.0% of base .pay/month 4.5% of base pay/month 6.0% of base pay/month ARTICLE XI- BENEFITS Medical Insurance, Dental .and Vision.- Insurance: For the period of this agreement,. monthly premium for Medical, dental. and vision insurance shall be shared as follows: 11 The Employer willpay anamount equal up to $600 of the medical and dental insurance premiums billed to the Airport by the City of Yakima for the individualemployee hired before January 1, 2012. Employees after January. 1, 2012, will be eligible for 80%. of the premium billed:by the City for that individual. This will be considered the:Standard Premium. 2) Employee's with covered dependants or other than Standard premiums will pay the next $50:00 monthly premium. 3), Any amounts over and above the Standard premium plus the $50.00 per month Employee payment :shall be divided equally between Employer and Employee. 4) 'The Employer's monthly contribution will change to reflect any.increase or decrease in the: premiums charged to theAirportt by the City ofYalcima. Currently, medical, dental, and vision insurance coverages are being purchased from the City of Yakima and are consistent with the City of Yakima plan for City of Yakima AFSCME Municipal and. Transit Employees. It is understood and agreed by both parties. the benefits provided under this plan may vary annually, and both parties agree to accept these variations without further negotiations, in accordance with 11.1 paragraphs A -1,.A- 2, and A-3 above. C) Should the Employer determine itis 'in the best interest of the YAT to secure 'medical,, dental and/or vision insurance through another provider, any substantial changes in benefit.levels will. be subject to negotiation atthat time. I)). Any retireemay continue to purchase insurance for either himself or his qualified dependents after retirement at the premium rate billed to the Airport by the City of Yakima until The employee iseligible for Medicare. 11.2 Life Insurance: The Employer will pay the cost of the premium for life arid- accidental death and dismemberment insurance in the face amount of 'fifty thousand. dollars ($50,000.00). 11.3 Disability Insurance! The Erriployer will pay for disability insurance for the emploYees at .a premium o: not. to exceed t and one half percent (2 1/2%) of the covered full time -employee's base salary up to a limit of $500 annually. 11.4 Social Security Election - Medicare Portion: During, the term, of this Agreement, the employees shall not voluntarily elect to participate in the Federal Social Security program if to_ de so, would cause the Board to incur cost, direct or indirect. Employ ees. hired after March, 1987 will be subject- to the Medicare:Tax. 11.5 Retirement'Plan: The:Employer will continue'to participate in the, Public Employees Retirement System (PERS) state=wide: system for pension,relief, disability and retirement, (Public 12 Employees Retirement System) for all eligible Airport employees provided for. by Chapter 41.40, Revised Code of Washington.. 11.6 Bonds: The Employer has the discretion to mandate as a condition of employment that employees be bondable and bonded by a professional.. surety company authorized to do business in the State of Washington.. Said bonding is a condition .of employment and shall be in such sum as determined by the Employer: If for anyhreason an employee isdetermined to not be bendable thensaid employee shall be subject to immediate discharge/termination. If the Employer so determines, bonds of multiples of employeesmay be consolidated in one instrument for blanket bond purposes. The cost of premiums for bonding shall be paid by the Employer. 11.7 Labor & Industry Premium: The Employee shall pay their portion of Labor & Industry Premium as. required by .State of Washington Department of Labor & Industries. 11.8 Option to Receive Benefits .as Taxable Income: A) The -Employee shall have the option to.. take any or all of the benefits offered in :Section. 11..1, 11.2 & 11.3 in taxable income at the same amount that the Employer. would otherwise expend in premium cost or other expense to purchase those- same benefits. B). Those employees hired .after January 1, 2008 shall have the option to take "Employee Only" benefits offered in :Section :1.1.1, 11..2, & 11.3 in. taxable income at the same amount that the Employer would otherwise expend in premium cost or other expense to purchase those same benefits. ARTICLE XII - SICK LEAVE 12.1 Accrual: Sick leave with pay is established as an insurance progran for salary continuation during periods of illness, and particularly extended illness as follows: A) All fill -time employees shall accrue sick leave With pay at the rateof eight (8) hours per month for each full calendar nionth of the eligible employee's continuous service With the Airport: B) .Accrued sick. leave may 'be used by a. probationary employee during his/her .probationary period at the discretion of his/her direct supervisor. Unused sick leave shall be cumulative for succeeding years to a maximum of 720 bows for those employees. hired before January- 1,. 2012, and 480 hours for those employees hired after January 1,, 2012. 12.2 Permissible Use of Sick Leave: An employee eligible for sick leave ' with pay shall be granted such leave for the following reasons: 13 Personal illness or'physical incapacity resulting from .causes beyond the employee's control. B) Verified visits to a.physician or dentist for examination and/or treatment. C) Quarantine of employee due to exposure to a. contagious disease. D) On: the Job: Injuries; Any employee receiving sick leave with pay, who is eligible for time loss payments under the Workman's Compensation Law shall, for the: duration of such. payment,, receive only the. portion. of the employee's regular salary; which, together with such payments, will equal the employee's regular salary: In .order not to work an undue hardship on the employee caused by the. time lag involved in receipt of time loss, payments, the employee shall be paid full salary and on receipt of time loss payments, shall endorse such ,payments to the Employer: The employee shall be charged with, sick, leave only for that portion of the employee's regular salary for which the: Employer is not reimbursed by Workman's Compensation payments. endorsed to the Employer. E) The serious injury or illness to members: of employee's immediate family living with and dependent. upon; the .employee, constituting .an emergency or crisis. Any sick leave granted for this purpose must be approved by the Airport Manager.. F) Sick Leave shall not. be allowed. for, any period, of time that' the employee is.gairifully employed by another.employer. 12.3 Requirements for All. Paid Sick Leave: A) Every employee "must report .to the representative designated by the Airport Manager thereason for the absenceas far in advance of the starting of his scheduled work day as possible, but in no event shall this report be made later than the first day of absence. B) For each absence, an employee may be required to submit an' explanation of the reason for such absence. A. statement by the attending physician.. may be required if an absence caused by illness or injury extends beyond three (3) working days, or for each absence; if requested by the Airport Manager: C) Employees must permit home visits: or medical examinations at the expense and convenience of the Employer. 12.4 Enforcement' of,Sick.Leave: A) Any failure to comply with 'the provisions of Section 12.3 "C" above shall be grounds for -denial' of sick Ieave with pay for the period' of absence.. '14 Misrepresentation of any material facts in connection with paid sick leaveby an employee shall constitute grounds for suspensionordischarge., C) It shall be the responsibility of the Airport Manager to: 1) Review all applications for sickleave and approve those which. are bona fide and comply with the provisions of this Section,, 2) Investigate anysuspected.abuse of sick leave; 3) Withhold approval of sick leave pay in the event of unauthorised use; and/or, 4) Initiate disciplinary action, if as a result of investigation, it is .determined- that an employee has been guilty of willful misrepresentation in a. request for sick leavepay. 12.5 Sick Leave Exchange: An employee may exchange accrued sick leave .for pay or for additional leave time as appropriate,, iii accordance with. the options provided by the employee, :subject. to the, following provisions; A). No exchange of -accrued. sick leave .for additional leave days or for cash will be grarited"those employees who have accrued seven hundred twenty (720). hours or. less of sick leave except: 1) Upon retirement ordeath the employee's accrued sick leaveup to seven hundred twenty (720) hours or less will be exchanged for pay at therate of 50% of the employee's current base pay. 2) Upon termination under:honorable conditions; as distinct -from retirement or death, the employee's accrued :sick leave up to seven hundred twenty (7201 hours of less will be exchanged. for pay at the rate of 25%. of the employee's current base: pay. Honorable termination includes layoff for budget reasons -as well as resignation with.proper notice. B)< Exchange of accrued sick leave for additional leave -days or for cash will be granted employees who have accrued more than seven hundred. twenty-one (721) .hours. Leave' will be exchanged for pay at the rate of 100% of the employee's. current base pay as follows. I) Upon retirement or:death, the employee's accrued sick leave of seven hundred twenty one (721) hours &M re will be:exchanged.for pay at.the.rate .6f100% of the employee's current base pay. 15 Upon termination under honorable conditions, as distinct from death or retirement, the employee's accruedsick leave, of seven hundred twenty one (721)hours: or more will be exchanged for payat the rate of 50% of the :employees current base pay. 3) Employees who have accrued more than. seven hundred twenty one(721) hours.of sick leave:may exchange ouch leave for additional annual leave days. at. the. rate of thirty-two (32). hours of sick leave for each additional. eight (8) hours of annual leave, .not to exceed a total of forty (40) added annual leave hours each year. 12:6: Sieh Leave Exchange: An employee may exchange. accrued sick. leave as provided above at the option of the employee: subject lathe following conditions. and provisions:. A)' A. request for such an exchange.shall be made. to the Airport Manager: All requests shall be in writing.and shall besigned=by the.employee making the request.. B). Exchange.leave to be available following approval by 'the Employer: C). No.exchange-will be granted toan:employee who'hasbeeri terminated for cause. 'D) In the event of layoff, exchange requests are the responsibility of the employee. 12.7 The provisions of 125 Sick 'Leave Exchange, shall 'not, be applicable to new hires who are employed on January 1, 1993, or thereafter: 12.8 Sick Leave Pool:. Local. 1.122 'Yakima .Airport Employees and Airport Administration recognize the need to establish a Sick;Leave Pool to address catastrophic situations due to illness or death in which an employee may need additional sick leave. A) The Sick Leave Pool shall be. governed by h. committee consisting of the Airport Manager and the Shop Steward. All decisions regarding both donations to and withdrawals.. from the pool shallbe made by a unanimous decision of this.committee. B) An employee must have completed his/her probationary period and have depleted or nearly depleted his/her sick leave balance in order to be eligible to request withdrawals from the pool: - C) ool: C)' An eligible employeemust submit a physician's statement to the Sick Leave Committee. indicating the nature of the illness and expected term for which the employee will be unable to perform his/her normal duties. �6 B) An employee who wishes to: donate sick leave must submit a written request to the Sick Leave Pool C'ominittee stating the amount he/she wishes to 'donate and confirming that 'he/she will, retain a balance of at .leave eighty ,(80). sick. leave hours .after the donation is made. .ARTICLE XIII.- VACATION 13.1 .Accrual: Employees shall be granted annual vacation. pursuant to. the following conditions; A) All employeesshall,accruevacaion with pay as follows: Months: of Service Accrual.Rate/Month First '24 months of service 6;67.hours/month More than 24 and inclusive of 8:00 hours/month 60. months. of service More than 60 and:inclusive of 10:00 hours/month 120months .of service More than 120: and inclusive of 12.67 hours/month 180 months of service More. than 180 rnOnths ofservice 14.67hours/month More than, 240Impnths of service 1:6:00 hours/fnonth B) Employees shall be allowed to accrue a total amount of vacation time equal to the amount which can be: earnedin two (2) years. 13.2 Use of Vacation: A) Vacation leave accumulated .at the end of Six. (6) months of service May be. taken,.in the seventh (7th)' month and each month thereafter as accumulated. Vacation leave may not be taken by any employee :during, his/her probationary period except for extraordinary circumstance. B) Vacation leave must be taken at such time as .the employee can be sparek but an employee will be -allowed to, take his leave when he/she desires if it is possible to schedule it at .that time. C) All vacationleave must be requested under usual circumstances two (2) weeks in advance and approved inwriting by the Airport. Manager or Assistant Manager. 13.3 Pay Out of Vacation: A) An employee, when leaving the Employer in ,good standing; shall be compensated for vacation leave earned .and accumulated not to exceed two hundred and forty (240) hours. 13) No compensation for vacation leave shall be payable to any employee who terminates, his/her employment or who is. terminated before completing .six (6) months of service. (probationary period) C) Pay -out of leave shall be, computed by multiplying the hourly rate in effect at the time.by the number of hours accumulated: ARTICLE XIV - HOLIDAYS 14.1 The following shall be recognized and observed as paid holidayss: New Yeafs Day Labor Day Martin Luther King Day Veterans Day President's Day Thanksgiving Memorial,Day Day after Thanksgiving Independence Day Christmas Day Personal Day 14.2 General Flolidays:: A) Whenever any holiday specified by State law fall's on .a.Saturday, the,preceding Friday shall' be the holiday. Whenever. any holiday specified by -State law falls on a Sunday, the following.Monday shall -be the holiday. l3) ,For employees scheduled off other days: Whenever a holiday falls on a regular day off the employee shall be granted an. equivalent day off within thirty (30) days of the holiday with such day off to;be.:scheduled by the Airport Manager, but giving the employee the choice of the day preferred .if possible, C) Employees shall.receive one day's holiday pay at the. straight time rate for each holiday on which those employee(s) performs no work. If the. employee performs work on a holiday, that employee shall receive. holiday pay plus overtime pay for all hours worked: ARTICLE XV - 'OTHER LEAVES 15.1 Civil Leave: Employees :shall be allowed to serve as a member of -a jury,, serve. as- a witnessin response to. a subpoena, or to vote at a public election during working hours: .Each employee who is granted such leave, and who,, for the performance of civil duties involved, received any compensation, shall be paid' by the'Employer for the time he/she ;is .absent only in the amount of 18 excess of his/her regular -salary over the compensation soreceived. The employee must return.to work when relieved of jury duty, subpoena requirements relating to an Employer case or completion of voting.at.public election if said employee is released. to vote during working hours. Said employee performing civil ,duties Will receive compensation which makes up the difference .between what the employee was paid and what then -normal -daily pay would be: 15.2 Military Leave: Leave:not to exceed fifteen (15) calendar days during each calendar year, over and above annual vacation or sick:leave, may be allowed any employee who is a member of the National Guard or any organized reserve or armed forces of the United States: The employee will.'be paid normal pay, less any compensation received for, the military duty, during such leave: When taking part in active duty training: No calendar days shall be charged against the fifteen. (15) day military leave period for .non -work day's before the beginning or after the end of any active.military leave period.. 15.3 Leave Without Pay; Leave without pay may be requested and allowed if approved. in advance: by the Employer. Leave without- pay may be granted to an employee even though .he/she has, accrued:vacation recorded. 15.4 Bereavement Leave; A) An employee 'shall be granted three (3) paid days of bereavement leave for thedeath of a member of the.:immediate family of an employee or employee's spouse. For purpose of this subparagraph, the. term "immediate family" means any husband, wife, parent, ,grandparent, child, grandchild, :brother, or sister. B) Employees shall be granted paid _time off to attend the funeral of a co-worker. C) Employees shall be granted paid time off to attend the funeral or a co-worker's "immediate family" with a makiinum of two (2) employees .attending. The airport must have sufficient coverage. ARTICLE XVI - WORK WEEK PROVISIONS 16.1 Regular flours: The regular hours of work each day shall be consecutive except that they may be interrupted by a lunch period which shall not be less than thirty (30) minutes. These: provisions are subject to change in accordance with the provisions of 16:4: Work Schedule, below. 16.2 Work Week: The work week shall consist of five (5) consecutive eight (8) hour days with two (2) consecutive days. off 'These provisions are subject to change in accordance with the provisions of 16.4 below. 16.3 Work Shift: All employees shall be scheduled to work on a regular work: shift, and each work shift shall have a regular starting and quitting time. These provisions are subject to change in accordance with the provisions of 16:4 below.. 19 16.4 Work Schedule: Work schedules showing the employees' shifts, work days and hours„shalt be posted on department bulletin boards. If the.Empfoyer wishes to.change the hours ofwork, work week and work shift on a long term basis, the Employer will provide a ten (10) working days notice 'of the proposed revised regular hours work week and work shift to the affected employees. This ten (1:0) working day notice is not necessary in. the event of an emergency and; the Employer may proceed with the work schedule changes on an immediate basis proViding as much notice as. is practicable under the circumstances. When the Employer wishes to change the regularhours, work week and work shift during. non-emergency .situations, after notification is- provided -to affected employees,- the employees may request. to 'discuss the EmploYer's changed work schedule. Such 'discussion. shall not require meetings and-discussions beyond the ten (1.0) working. day notice and if the parties agree then the work schedule change may be implemented sooner,.'but if the parties disagreethenthe-Employer may go ahead and implement the new work schedule after the ten (10).working day notice has expired. 16.5 Rest Periods:: All employees' work 'schedules _shall. provide for a fifteen..(15), minute rest period during, each one-half shift. The rest period shall be scheduled at the. middle of each one-half shift whenever this is feasible. Similar, rest_ breaks shalt be granted during overtime: ARTICLE' XVII - OVERTIME 17.1 Employees Who are required -to work Mere than their regularly scheduled work day or, forty (40) hours.per work week shall be compensated at.the rate. of -one and.one-half (T-1'/2). the regular rate of pay for this time worked in excess of the regularly scheduled work day of forty (40) hours per workweek.. Time worked will be:credited-in fifteen (1.5).'minute':increments. 17.2 A.n employee who has Worked overtimemay request compensatory time off at -the time and one,, half (1-1/2); rate in lien ©f'overtime pay. Compensatory time off shall be taken at such: time -as is mutually .agreed upon by theEmployer and the employee. 17.3 Compensatory time .may be accrued to a maximum as determined by the Airport Manager:. Compensatory tme:shall 'have no cash value at any separation of:service: 17.4 Time spent by' .an employee beyond the normal. working, day for training classes shall be. considered overtime work Travel to and from. training, classes beyond:the normal working day shall not be considered overtime.work. 17.5 In the event an employee is required -to work two. (2) hours .or more of overtime preceding or following a regular shift; said employee shall .be provided a meal and a reasonable amount of time to eat. The time spent during eating, shall not be considered working hours: 17.6 For each additional five (5) hours .of overtime; said employee shall be provided a meal. and a reasonable amount of time to eat. The time spent .during eating shall not be considered working. hours:. 20 ARTICLE .XVIII - CALL OUT PAY 18.1 A. minimum of two (2) hours pay at the time.and one half (PA). rate Will be: paid to an employee who is called to return to work 'after leaving the work site at the. completion: of the shift or called to work on a day off. Call -out time is counted from the time the 'ernployee leaves home until the employee returns..herne. Employees required by the Employer to utilize an Airport vehicle will only be permitted to charge actual tithe worked in -the performance of their Airport related -duties.. ARTICLE XIX - SENIORITY 19.1 •Probationary Period: A) All appointees. to permanent positions at the Airport shall .serve.a probationary period of six (6) months. B} An employeewhose appointment is to bp:Made regular shall be notified at least three (3) days: before :the end of the probationary .period. Probation ,periods may be adjusted by breaks.iti service such as inactive or 'leaves without pay status.. C) Newly hired employees who have not completed their probation period may be discharged. or teriniriated at any time without cause and without recourse. U}: 'Newly promoted: employees must satisfactorily complete. a. three. (3) month. work performance probation. period. Demotion of newly promoted employees will be based on work performance probation and not based on progressive. discipline. During the first three (3) months' of .promotion/probation, the. employee or the Employer may demote the employee to said employee's -prior position, 19.2 Seniority: A} Seniority according to this article shall consist of continuous service of the employee with the Airport. No employee shall have his/her seniority established prior to satisfactory completion of the initial probation period. B) The ..employee's earned seniority shall not be lost because of absence due to illness, authorized leaves of absence or temporary -layoffs. in. the case of authorized .leave. of -absence without pay or layoff,: the employee will.not earn seniority during the period of.ahsence,. but. shall retain previously earned seniority. ARTICLE XX - LAYOFF/ PROMOTIONS 20.1 Layoff: The Employer shall determine when a layoff is necessary. B) If the Employer deteriniries_a.layoff is necessary, the layoff will .be carried out by job classification based on seniority within that classification. 2.1. version 1' 7/19/20119:06 AM Positions: Airport Maintenance Supervisor Airport Maintenance Specialist Building Maintenance Specialist Step 1 - Current 7 step Step 1 $3,109 $3,109 $3,109 YAKIMA A RMINAL SALARY/MONTHLY WAGE PAY SCHEDLLc for ALL AFSCME UNION EMPLOYEES EFFECTIVE JANUARY 1, 2012 (This salary/monthly wage plan replaces all previous wage plans) [Current Union Scale is in Yellow] Step 2 $3,190 $3,190 $3,190 Step 2 - Current 7 step Step 3 $3,271 $3,271 $3,271 Step 4 $3,353 $3,353 $3,353 Step 3 - Current 7 step Step 5 $3,434 $3,434 $3,434 Step 6 $3,505 $3,505 $3,505 Step 4 - Current 7 step Step 7 $3,596 $3,596 $3,596 Step 8 $3,677 $3,677 $3,677 Step 5 - Current 7 step Step 9 $3,759 $3,759 $3,759 Step 10 $3,835 $3,835 $3,835 Step 6 - Current 7 step Step 11 $3,921 $3,921 $3,921 Step 12 $4,002 $4,002 $4,002 Step7 - Current 7 step Step 13 $4,084 $4,084 $4,084 Step Step 14 15 $4,165 $4,246 $4,165 $4,246 $4,165 $4,246 Administrator -Security, Leases, Projects $3,109 $3,190 $3,271 $3,353 $3,434 $3,505 $3,596 $3,677 $3,759 $3,835 $3,921 $4,002 $4,184 $4,184 $4,246 Airport Maintenance Section Pay - Supervisor - Additional per Month: $225 Special Assignment Pay: as defined in the Agreement Attachment "A" Fifteeen (15) Step Salary/Wage Pay Schedule CurrentSalaries.xlsx ATTACHMENT 'B' Airport Organization Chart Airport Manager Assistant Airport Manager Finance Admin/HR Finance Admin/HR Assistant Administrator, Security, Leases, Projects Airport Maintenance Supervisor Airport Maintenance Specialist Airport Maintenance Specialist Building Maintenance Specialist {PT) Airport Maintenance Specialist Building Maintenance Specialist • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting of: February 5, 2013 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Resolution authorizing the City to execute an Agreement with Yakima County to terminate the Joint Air Terminal Operations Agreement and in accordance with the terms and conditions of said Agreement to become the sole owner/operator of the Air Terminal. Jeff Cutter, City Attorney Jeff Cutter - 575-6030 The Yakima Air Terminal is jointly owned by the City and County and operated by the Yakima Air Terminal Board as authorized by RCW Chapter 14.08 and pursuant to the Joint Air Terminal Operations Agreement entered into between the parties on June 30, 1982. The City and County agree that the existing Yakima Air Terminal management structure is unsatisfactory, resulting in important issues not being managed in a timely and efficient manner. The parties have further agreed that it is in the public interest for a single entity to take over complete ownership and operations of the airport. The benefits of sole ownership include: unity of authority and command; reduction of airport operating costs; expedited decision making; reduced management turnover; and more efficiency and direct accountability. Through the Agreement the City and the County mutually agree that the Joint Air Terminal Operations Agreement should be terminated and all real and personal property owned by the parties as tenants in common be conveyed to the City of Yakima, in consideration of the City's assumption of joint obligations and liabilities as specified in the Agreement, thereby resulting in the future operation of the Air Terminal as a department of the City. The County will hold a public hearing on the matter on February 12, 2013, following the City's consideration of this action. A draft Agreement is attached for your review as the County is still reviewing the Agreement; however, we don't anticipate any significant changes, and the final Agreement will be distributed at the February 5, 2013 Council meeting. Resolution X Ordinance Contract: Mail to: Other Termination (specify) Agreement Contract Term: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: Amount: Expiration Date: Phone: City Manager STAFF RECOMMENDATION: BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution-YAT-JOA Termination Agreement 1-2013 ❑ draft agreement • • • BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF QUIT CLAIM DEED FOR TRANSFERRING TO TIIE CITY OF YAKIMA ITS UNDIVIDED ONE-HALF INTEREST IN AND TO THE REAL PROPERTY AND ALL IMPROVEMENTS AND APPURTENANCES THERETO EXCEPT THE FIRE HOUSE SITUATE THEREON RESOLUTION 58-2013 WHEREAS, the Grantor, Yakima County, Washington, in consideration of the execution by the grantor and grantee of a "Termination Of Joint Air Terminal Operations Agreement" dated February 12, 2013, and in compliance with that agreement, hereby quit claims and conveys to the City of Yakima, Washington, grantee, its undivided one-half interest in and to the real property and all improvements and appurtenances thereto, except the fire house situate thereon, in Yakima County, Washington as described by the attached Quit Claim Deed; and, WHEREAS, the Yakima County Board of Commissioners advertised for and held a public hearing on the proposed transfer of their interest in the referenced property on Tuesday, February 12, 2013, at 10:30 a.m. in the City Council Chambers, 129 North 2nd Street, Yakima Washington, at which time testimony was heard from those persons wishing to make comments for or against said transfer; and, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Yakima County Board of Commissioners that it is the intention of Yakima County to transfer their interest in any real property acquisition by the "Joint Air Terminal Operation" (City of Yakima/County of Yakima) from June 30, 1982 until today's date, therefore any such interest is hereby included in the attached Quit Claim Deed from Yakima County to the City of Yakima. DONE this 12th day of February, 2013. Attest: Tiera L. Girard Clerk of the Board EXCUSED Michael D. Leita, Chairman jJ1 L. in J-$ uchey, Commissioner and Elliott, Commissioner onstituting the Board of County Commissioners for Yakima County, Washington Return Address. Yakima County Commissioners 128 N 2nd St Room 232 Yakima WA 98901 Title: Quit Claim Deed with the City of Yakima Reference: Resolution 58-2013 Grantor: Grantee: Yakima County 128 North 2"d Street Yakima WA 98901 City of Yakima 129 North 2nd Street Yakima WA 98901 QUIT CLAIM DEED The Grantor, Yakima County, Washington, in consideration of the execution by the grantor and grantee of a "Termination Of Joint Air Terminal Operations Agreement" dated February 12, 2013, and in compliance with that agreement, hereby quit claims and conveys to the City of Yakima, Washington, grantee, its undivided one-half interest in and to the following described real property and all improvements and appurtenances thereto, except the fire house situate thereon, in Yakima County, Washington, to -wit: Beginning at the northeast corner of the southeast quarter of Section 35, Township 13 North, Range 18 E.W.M., thence N 89°39'31" W along the north line of said subdivision, 30 feet; thence S 0°10'29" W parallel with the east line of said subdivision, 30 feet to the true point of beginning; thence S 0°10'29" W, 1,097.53 feet; thence S 89°49'31" E, 60 feet to a point which is tangent to a curve having a radius of 320 feet and the long chord of which bears S 25°23'31" E, thence southeasterly along said curve, 285.58 feet; thence S 50°57'31" E, 488.85 feet to a point which is tangent to a curve to the right having a radius of 430 feet and the long chord of which bears S 43°35'25" E, thence southeasterly along said curve, 110.59 feet to its intersection with the west line of Tract 42 of the "Plat of Section 36, Township 13 North, Range 18 E.W.M.", as recorded in Volume "E" of Plats, Page 36, Records of Yakima County, Washington; thence N 0°14'59" E along said west line 14.47 feet; thence S 69°58'34" E, 679.26 feet to the east line of said Tract 42, thence S 73°32'54" E, 41.66 feet to the west line of Tract 43 of said Plat of Section 36, thence S 89°20'31" E, 639.22 feet to the east line of said Tract 43; thence S 0°14'59" W along said east line, 38.28 feet; thence S 89°20'31" E, 639.22 feet to the east line of Tract 44 of said "Plat of Section 36", thence S 0°14'59" W along said east line, 632.5 feet to the south line of said Section 36; thence N 89°20'31" W along said south line, 21.34 feet; thence S 1°26'03" E, 692.85 feet; thence S 88°45'28" W, 12.47 feet;; thence S 0°58'36" E, 510 feet; thence S 88°45'26" W, 253 feet; thence S 1°26'03" E, 17.3 feet; thence S 88°45'26" W, 455 feet to the east line of Section 2, Township 12 North, Range 18 E.W.M., thence N 1°26'03" W along said east line 527.3 feet to the southeast corner of Government Lot 1 of said Section 2, thence S 89°43'57" W along the south line of said Government Lot 1, 1,341.63 feet to the west right-of-way line of South 16th Avenue; thence N 0°59'00" W along said right of way line, 545 18 feet; thence N 41°53'31" W, 477.39 feet to a point which is tangent to a curve having a radius of 520 feet and the long chord of which bears N 26°42'30" W, thence northwesterly along said curve, 275.6 feet; thence N 89°55'10" W, 706 44 feet; thence S 0°08'59" W, 400 feet to the north line of said Section 2; thence N 89°55' 10" W along said north line, 28.58 feet; thence S 0°31'58" E parallel with the west line of the northeast quarter of said Section 2, 1,731.89 feet; thence S 89°08'02" W, 700 feet; thence N 0°13'58" W, 377.0 feet; thence N 80°12'59" W, 2,060.34 feet to the east line of Section 3, Township 12 North, Range 18 E.W.M., thence N 0°21'06" E along said east line, 8.73 feet; thence N 80°06'21" W, 1,437.6 feet; thence N 29°51'31" W, 259.4 feet to the centerline of Bachelor Creek; thence southwesterly along said centerline, or for purposes of traverse closure, S 63°23'17" W, 760.99 feet; thence N 0°36'36" E, 889 10 feet to the north line of said Section 3, thence S 89°40'13" E, 257.72 feet to the southeast corner of 1 Section 34, Township 13 North, Range 18 E.W.M.; thence N 0°26'43" E along the east line of said Section 34, 95 feet; thence N 60°40'27" E,'2,001.41 feet; thence N 69°58'34" W, 731.31 feet; thence N 89°51'54" W, 1,048.21 feet to the east line of said Section 34, thence N 89°44'36" W, 1,317.79 feet; thence N 0°30'21" E, 815.52 feet; thence N 69°58'34" W, 1,395.92 feet to the west line of the southeast quarter of said Section 34, thence N 0°33'59" E along said west line 37.35 feet to the center of said Section 34, thence N 0°34'39" E along the east line of the northwest quarter of said Section 34, 30.00 feet; thence N 89°52'21" W parallel with the south line of said subdivision, 2,601.75 feet to a point 20 feet east of the west line of said subdivision; thence N 0°31'24" E parallel with said west line, 2,484.28 feet to a point lying 100 feet south of the north line of said subdivision; thence N 89°45' 19" E parallel with said north line 1,292.42 feet; thence N 0°33'01" E, 100 feet to the said north line; thence N 89°45'19" E along said north line 1,312.47 feet to the northeast corner of said subdivision; thence S 0°34'39" W along the east line of said subdivision, 1,005.92 feet; thence S 61°21'18" E 73.20 feet; thence S 69°56'33" E, 352.18 feet to the northerly right of way line of relocated West Washington Avenue; thence S 78°58'50" E along said right of way line, 142.47 feet; thence S 11°01'10" W, 60 feet to the southerly right of way line of relocated West Washington Avenue; thence S 78°58'50" E along southerly right of way line 2,635.12 feet to a point which is tangent to a curve to the left having a radius of 981.97 feet and the long chord of which bears 84°27'52" E, thence southeasterly along said curve, 185.36 feet to a point on the west line of the east half of the southwest quarter of the northwest quarter of Section 35, Township 13 North, Range 18 E.W.M., thence S 0°21'09" W along said west line 424.03 feet; thence S 69°58'34" E, 713.30 feet to a point on the east line of said subdivision; thence N 0°15'36" E along said east line 7.69 feet; thence S 70°00'25" E, 443 15 feet to a point lying 30 feet north of the south line of west half of the southeast quarter of the northwest quarter of said Section 35, thence S 89°56'08" E, parallel with said south line 254.83 feet to a point on the east line of said subdivision, thence N 0°10'02" E, 650.34 feet to a point on the southerly right of way line of relocated West Washington Avenue, said point being on a curve to the right having a radius of 922.54 feet and the long chord of which bears S 61°16'10" E; thence southeasterly along said curve, 240.15 feet to its point of tangency; thence S 44°29'31" E, 380.97 feet to a point which is tangent to a curve to the left having a radius of 985.00 feet and the long chord of which bears S 67°04'31" E, thence southeasterly along said curve, 776.48 feet; thence S 89°38'31" E parallel with the North line of the southeast quarter of Section 35, Township 13 North, Range 18 E.W.M., 2,154.97 feet to the true point of beginning, all in the City of Yakima, Washington. NOTE. Bearings are referenced to the Washington State Grid System (South Zone). Survey is a closed Traverse. Total Horizontal Traverse Length = 45,198.24 feet (8.5603 miles. Total Acreage = 809.041 It is the intention of Yakima County to transfer their interest in any real property acquisition by the "Joint Air Terminal Operations" (City of Yakima/County of Yakima) from June 30, 1982 until today's date, therefore any such interest is hereby included in this Quit Claim Deed from Yakima County to the City of Yakima. DONE this 12th day of February, 2013 Appr. ve.. s to form: Depu Prosecuting Attorney State of Washington County of Yakima ) ) ss. EXCUSED Michael D. Leita, Chairman Ke+'ih J. Bojchey, Commissioner and Elliott, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington I certify that I know or have satisfactory evidence that Kevin J. Bouchey and J. Rand Elliott are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this 12°i day of February, 201 Ikp.'i•. Notary Public in and for the state of Washington, residing at 1GifYla 1 WaShino� My appointment expires: OrAptejf ?CPI LI STATE OF WASHINGTON TIERA LINDSEY GIRARD NOTARY PUBLIC COMMISSION EXPIRES OCTOBER 31, 2014 BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF DECLARING SURPLUS THE COUNTY'S INTEREST IN THE REAL PROPERTY CONSTITUTING THE YAKIMA AIR TERMINAL AND ALL ASSETS AND ALL PERSONAL PROPERTY LOCATED AT LOCATED ON OR USED IN CONNECTION WITH THE OPERATION OF THE YAKIMA AIR TERMINAL RESOLUTION 57-2013 WHEREAS, the Yakima Air Terminal is jointly owned by Yakima County and the City of Yakima and operated by the Yakima Air Terminal Board as authorized by RCW Chapter 14.08 and pursuant to the Joint Air Terminal Operations Agreement entered into between the parties on June 30, 1982; and, WHEREAS, the County and the City agree that the existing Yakima Air Terminal management structure is unsatisfactory and that important issues are not dealt with in a timely and efficient manner; and, WHEREAS, the County and the City further agree that it is in the public interest for a single entity to take over ownership and operation of the airport; and, WHEREAS, the County and the City mutually agree that the Joint Air Terminal Operations Agreement should be terminated and all real and personal property owned by the parties as tenants in common should be conveyed to the City of Yakima in consideration of the City's assumption of joint obligations and liabilities and operation of the Air Terminal as a City department; and, WHEREAS, the Yakima City Council has approved the execution of the Termination of Joint Air Terminal Operations Agreement providing for the allocation of Air Terminal assets and liabilities and the disposition of Air Terminal real and personal property; and, WHEREAS, the Board of County Commissioners held a public hearing on the proposed intergovernmental disposition of the County's interests in Air Terminal real and personal property on February 12, 2013, pursuant to RCW 39.33.020; now, therefore, BE IT HEREBY RESOLVED, by the Board of Yakima County Commissioners: 1. Yakima County's interest in the real property constituting the Yakima Air Terminal is surplus to the uses and needs of Yakima County. 2. Yakima County's interest in all assets and all personal property located on or used in connection with the operation of the Yakima Air Terminal is surplus to the uses and needs of Yakima County. 3. Yakima County's interest in Yakima Air Terminal real and personal property should be transferred to the City of Yakima pursuant to the Terni, ��qpni yrJoint Air Terminal Operations Agreement. \\\\`c {HKIMq 0,1///, DONE this 12th day of Febru r�, 291, �5• .. o' n .• r'' y/��o Q= Micha 1 D. Leita, Chairman • ///�St t m. •t Y�\\ EXCUSED Attest: Tiera L. Girard Clerk of the Board uchey, Commissioner nd Elliott, Commissioner stituting the Board of County Commissioners for Yakima County, Washington