Loading...
HomeMy WebLinkAboutStewart, Robert - Employment AgreementEMPLOYMENT AGREEMENT FOR INTERIM DIRECTOR OF YAKIMA AIR TERMINAL OF THE CITY OF YAKIMA THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Agreement"), is by and between the City of Yakima, Washington, a Washington municipal corporation (hereafter referred to as "City"), and Robert Stewart. (hereafter referred to by name, as "Interim Director of Yakima Air Terminal", or as "employee"). WHEREAS, pursuant to RCW 35.18.060, Yakima Municipal Code ("YMC") 1.18.010, and Article II of the City Charter of the City of Yakima (hereafter referred to as the "City Charter"), the City Manager of the City of Yakima desires to employ Robert Stewart as the Interim Director of Yakima Air Terminal of the City of Yakima; and WHEREAS, the City desires to provide for certain benefits and compensation for the Interim Director of Yakima Air Terminal and to establish conditions of employment applicable to the Interim Director of Yakima Air Terminal; and WHEREAS, Robert Stewart desires to accept employment as the Interim Director of Yakima Air Terminal of the City of Yakima under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment and Duties. A. Robert Stewart is appointed as Interim Director of Yakima Air Terminal effective on the date provided in Section 2 and under the terms of this Agreement, and agrees to accept employment with the City in the position of Interim Director of Yakima Air Terminal. The Interim Director of Yakima Air Terminal shall have the duties, responsibilities and powers of said office as set forth in the City of Yakima Class Specification for Director of Yakima Air Terminal, which is attached as Exhibit A, and under Washington law, the Yakima Municipal Code, the City Charter, and he shall perform such other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The Interim Director of Yakima Air Terminal shall follow the City of Yakima administrative policies and procedures. The Interim Director of Yakima Air Terminal agrees to perform all duties and responsibilities faithfully, industriously, and to the best of his ability and in a professional and competent manner. B. The Interim Director of Yakima Air Terminal shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties under this Agreement. The Interim Director of Yakima Air Terminal may, however, engage in educational and professional activities upon receipt of approval by the City Manager, which approval shall not be unreasonably withheld, provided that such activities shall not interfere with his primary obligation to the City as its Interim Director of Yakima Air Terminal. The Interim Director of Yakima Air Terminal shall 1 of 6 dedicate no less than an average of forty (40) hours per week in the performance of his duties hereunder. C. If the Interim Director of Yakima Air Terminal serves on any appointed boards or elected boards of any professional organization, or serves on any committees related to his professional activities, in the event any monies are paid, or gifts received by the Interim Director of Yakima Air Terminal related to such service, such money or property shall be paid over to or delivered to the City, unless otherwise provided by the City Manager. Section 2. Duration of Agreement. A. The City's employment of Robert Stewart as the Interim Director of Yakima Air Terminal of the City of Yakima is effective on January 18, 2023 and shall last up to eight (8) weeks however with mutual consent may be extended for a longer duration not to exceed more than thirty thousand dollars ($30,000) in value. B. The Interim Director of Yakima Air Terminal shall serve at the pleasure of the City Manager and shall be an at -will contractual employee of the City of Yakima, and Robert Stewart waives any rights to a pre -termination hearing or post -termination hearing in the event of discipline or termination. The parties recognize that the Interim Director of Yakima Air Terminal is an at -will employee whose employment may be terminated at any time, without or with cause. C. The parties recognize the position of Interim Director of Yakima Air Terminal is a temporary position and lasting only until the City is able to fill the position of Director of Yakima Air Terminal with a long-term interim or on a permanent basis. Section 3. Yakima Municipal Code. The references to the Yakima Municipal Code ("YMC") sections in this Agreement are to the City of Yakima Municipal Code as it currently exists, or as it may be amended in the future. Section 4. Salary. A. For the performance of services pursuant to this Agreement, the City agrees to pay the Interim Director of Yakima Air Terminal a weekly wage of three thousand forty dollars ($3040.00 /seventy-six dollars ($76.00) per hour) based on a forty (40) hour work week, payable in installments at the same time as other City employees are paid. B. Nothing in this Section shall require the City to increase the base salary or other benefits of the Interim Director of Yakima Air Terminal. C. The Interim Director of Yakima Air Terminal acknowledges that, pursuant to the Fair Labor Standards Act (FLSA), the Public Safety Communications Manager qualifies for the professional employee exemption. As an exempt employee, the Interim Director of Yakima Air Terminal is paid a salary and is not entitled to overtime compensation. Page 2 of 6 Section 5. Dues and Subscriptions. Pursuant to YMC 2.20.085(6), the City will pay the Interim Director of Yakima Air Terminal's professional dues approved by the City Manager. Other appropriate dues and subscriptions on behalf of the Interim Director of Yakima Air Terminal will be paid by the City as approved by the City Manager, if funds are available in the City's annual budget. Section 6. Professional Development. A. Pursuant to YMC 2.20.085(5), and in accordance with the City's travel policy, the City agrees to pay reasonable and customary travel and subsistence expenses for the Interim Director of Yakima Air Terminal's travel to and attendance at conferences approved by the City Manager. The City may choose to pay for the Interim Director of Yakima Air Terminal's attendance at other seminars, conferences, and committee meetings as deemed appropriate and approved in advance by the City Manager. The Interim Director of Yakima Air Terminal is expected to wear business professional clothing. The city will not provide clothing nor uniforms. Section 7. Community Involvement. The City recognizes the desirability of representation in and before local civic and other organizations, and encourages the Interim Director of Yakima Air Terminal to participate in these organizations to foster a continuing awareness of the City's activities as well as the community's attitudes and ideas. Section 8. Holidays and Other Time Off. The Interim Director of Yakima Air Terminal is entitled to specified holidays with pay consistent with management employees pursuant to YMC 2.40.080. The Interim Director of Yakima Air Terminal is not eligible for paid personal holidays or other paid time off except as provided by law. Section 9. Health, Dental, and Vision. The City of Yakima has an employee Health Care Plan. Health care coverage, including limited vision care and limited dental insurance, is available for City employees and their dependents for which the City cost shares. WAIVER OF PARTICIPATION: By my signature below, I acknowledge that Health, Dental and Vision coverage has been offered to me through this Employment Agreement and I elect not to participate at this time. I am currently enrolled in the plan as a retiree of the City of Yakima. I am aware that my)nl:yopportunity to enroll in the future is if a qualifying event occurs. Role Date Page 3 of 6 Section 10. City Equipment. A. The Interim Director of Yakima Air Terminal will receive a City -issued cell phone to be used for City business in accordance with City policy and state law. B. The Interim Director of Yakima Air Terminal shall be assigned vehicle used by the Director of Yakima Air Terminal while serving in the Interim capacity. Use of this vehicle will be for business purposes pursuant to Administrative Policy 1-1300. Section 11. Retirement. Pursuant to Washington State law, the Interim Director of Yakima Air Terminal is a retiree under the DRS LEOFF 2 plan. The retiree has completed the LEOFF Plan 2 Re-employment form and has elected decline participation in the PERS II/III pension program therefore hours worked will not be reported by the City as an active member. No contributions shall be made into the State of Washington Public Employees' Retirement System. Section 12. Termination of Agreement. A. Pursuant to RCW 35.18.060, YMC 1.18.010, and Article II of the City Charter, and as provided in this Agreement, the Interim Director of Yakima Air Terminal shall serve at the pleasure of the City Manager. Either party may terminate this Agreement and the Interim Director of Yakima Air Terminal's employment with the City at any time without cause or with cause, and/or for no reason or for any reason. B. Either party may terminate this Agreement at any time by delivering a written notice of termination. At the next regular City payroll following the effective date of such termination, the City shall pay all accrued compensation due up to the Interim Director of Yakima Air Terminal's final day of employment. The City shall have no further financial obligation to employee pursuant to this Agreement. Section 13. Disability. If the Interim Director of Yakima Air Terminal becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of one (1) week beyond any accrued leave, or beyond a period of time that the employee is otherwise legally entitled to, the City shall have the option to terminate this Agreement. Section 14. Indemnification. A. The Interim Director of Yakima Air Terminal shall be entitled to the benefits and subject to the responsibilities in City of Yakima Resolution No. D-5820, entitled "Resolution providing for indemnification against personal liability for City personnel", and any protections provided by State of Washington law, including RCW 4.96.041. Page 4 of 6 B. Said indemnification referred to in this Section 20 shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in the capacity as Interim Director of Yakima Air Terminal, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 15. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the Interim Director of Yakima Air Terminal under any policy, regulation, ordinance or law. Section 16. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of the Interim Director of Yakima Air Terminal. D. This Agreement contains the entire Agreement of the parties. It may not be changed verbally, but only by an Agreement in writing signed by the parties. E. Washington law shall govern this Agreement, and any litigation that may arise from this Agreement shall be filed and litigated in Yakima, Washington. F. Upon the Interim Director of Yakima Air Terminal's death, the City's obligations under this Agreement shall terminate except for: 1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2. Payment of accrued leave balances as provided for management employees under these circumstances under the Yakima Municipal Code and City Policy; 3. Payment of all outstanding hospitalization, medical and dental bills in accordance with City's insurance policies or plans, if applicable; and 4. Payment of all life insurance benefits in accordance with the City's insurance policies or plans. G. The parties acknowledge that each had an opportunity to review this Agreement and consult with their attorney if they chose to do so, and, accordingly, no court construing this Page 5 of 6 Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. This Agreement may be executed in duplicate or counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition or covenant of this Agreement shall be binding on either party until both parties have signed it. EXECUTED this Al T By City Clerk EXECUTED this City Contract No. 2023- 01(q day of eta 2023. CITY OF YAKIMA son, City Manager Page 6 of 6 � Bargaining Unit: None/ Management CITY OF YAKIMA Established Date: Jam1 2017 Revision Date: Jan 1, 2017 Class Code: 1175 yr NGE $9.7G81J-$12/49213Monthly MINI—U CLASSREQUIRE ENTS: Bachelor's degree from anaccredited college mruniversity with major coumework in Aviation, Public Adrn|nietraUmn, Business Administration, Engineering or related field is required PLUS eawan (7) years of increasingly naopmnaib|a experience in airport management and airport opooaUons, including three (3) years of administrative and supervisory experience at an airport. Extensive public relations experience iorequired. JOB S8Ur, M Provide leadership and promote teamwork for all airport -related activities. Foster a positive relationship with City personnel ka|motmd offic|a|a, management, and atafO, as well as with airport users and community at large. Plan; or0anize, dinoct, supervise and evaluate the operations, maintenance, development and administrative activities of the Yakima Air Terminal /"Y/Q'''\. Responsible for fiscal management (cash, |nveatnnmnte, budgmUnQ, and internal and external audits) aooutlined in Washington Bto&a RCVVe. Responsible for personnel (staffing |evm|e, training and ooach|ng, and administration); property rnanagement, industrial development of airport propartiao, public ra|oUona, relationships with Federal Aviation AdnniniatnaUmn, Transportation Security Administration and other governmental agencies. Purchasing of goods and services in support of YAT, YAT policy development, implementation, enforcement, project cneaUon.fundingandexaouUon. Work is performed under the general direction of the City Manager. Performance appraisals will be given annually ormadeemed necessary bythe City Manager. ESSENTIAL FUNCTIONS: Leadership: Develop, coordinate and gain consensus on, and implement Airport Master Plan, Airport Layout Plan, and Airport Safety Overlay District. Work with the Qb/ Manager in planning and implementing actions toachieve short and long-term goals and objectives. Oeva|op, coordinate and imp|emnmntYAT'o Capital Improvement Plan in accordance with the Airport Master Plan and Airport Layout Plan. Develop and implement policies and procedures. Final policies and procedures shall include (but not be limited to) proper evaluation; pnocurement, depreciatimn, control and documentation of all equipment and safety and security of personnel, aircraft and other property on premises. Develop rules and performance standards to assure the safe, efficient and effective operation of Y/g[ Cnaabm and update policy and procedure manual vvhi|a coordinating with City Manager as appropriate. Ensure compliance in all departments with Y)A7obandards and federa|, state and local |mvvs. Manage, oversee and as necessary, perform the daily operations, maintmnanco, and administration of the YAT fao|hu This includes the p|anninQ, organization and supervision of all activities needed to ensure safe, effective and efficient operations. Provide hvodenahi9 and training for all airport personnel. This includes selecting and supervising staff, conducting performance appraisals for staff, and acting as "second level" to resolving grievances and other sensitive personnel matters where the supervisor acts as the "first level" for such matters. Promote development (in accordance with Airport Master Plan and Capital improvement Plan) through marketing activities to maintain and expand tenant base. Oraft, nmQoUmta and approve (per signature authority guidelines) new and nynevva| leases for airport property. Develop and implement o YAQ' policy on |mooe reversion. Develop and implement specifications for airport concessions and leased properties. Ensure proper handling and documentation of inquiries, complaints, or problems. Document all actions taken to correct such inquiries and problems. Personally respond to the most serious orcomplex inquiries. Act as primary Public Relations spokesperson for YAT. P|on, nmorket, implement and administer special events to promote YAT. Represent Y7A' at professional and ns|mbed meetings, seminars and conferences. Attend City of Yakima and City Council meetings related to the YAT. Ensure that operatingand maintenance manuals are uo-bo-dataand available. Operate Y/Q- within all applicable regulations. Inform tenants of all pertinent information. Supervise construction and improvement projects in accordance with all applicable Federal Aviation Regulations or Advisory Circulars. Be "on call" to respond to emergencies. Act as backup Airport Disaster Control Officer. Ensure airport compliance with governmental regulations, advisory circulars and security directives. C}uUmm inn|ude—revmvvand research current and proposed regulations; provide recommendations for regulations and compliance methodology, implement airport rules and regulations tmensure compliance with governmental regulations, administer required Federal Aviation Administration training for staff and tenants regarding airport nagu|mUonn and policies, implement operational changes as necessary, enforce existing regulations. Lead airport security functions to ensure continued airport certification. Duties includa—aerve as Airport Security Coordinator; update Yakima Air Terminal's Airport Security Plan as requinwd, inspect aviation and building facilities for compliance with all safety and oaouhh/ pnomedunmo, and institute corrective measures as required; teaoh, implement and enforce safety and security rules and regulations; maintain appropriate safety- and security -related records; serve as airport focal point for Transportation Security Administration certification audits. Lead airport safety functions to ensure continued airport certification. Duties include — serve as coordinator of required airport documents such as Airport Certification Manual, Airport Emergency Plan, serves as primary contact with FAA's Airport Safety & Certification Inspector and coordinate airport's annual certification inspections. Issue, cancel, and amend NOTAMs issued by airport staff to ensure safe airfield conditions are disseminated to all users. Manage airport's Wildlife Hazard Management Plan and all applicable documentation to ensure wildlife is managed to minimize the risks for airport users. Coordinate and manage all snow operations in accordance with the Snow & Ice Control Plan to ensure safe aircraft operations. Assist and improve airport field operations. Duties include — evaluate and improve operational processes; train and motivate operations and maintenance personnel; assign and review maintenance work; provide observations and recommendations on staffing performance and needs; meet agreed -upon deadlines and turnaround times for inputs, approvals, submittals, and other deliverables. Other related duties as assigned. Financial Leadership: Prepare and implement YAT's operating and capital improvement budgets. Provide the City Manager with recommendations (based on budget allowances) for equipment upgrades and additions. Review financial information utilized to secure project funding. Work with various agencies or businesses to ensure that the optimal funding sources are used. Fiscal management, including budgets, expenditure control, and record keeping. Perform other related duties as required. AJOR WORKER CHA ACTERISTICS: Knowledge of: airport management and airport industry standards, policies and practices; FAA and TSA regulations that govern airports, FAR Part 139, FAR Part 77, TSR Part 1542; all airport areas including the airfield environment, terminal and all airport tenants; airport operating procedures including aircraft operations, emergency procedures, security procedures and wildlife management; legal requirements, regulations, and laws applicable to airports in the State of Washington. Working knowledge of data processing applications with extensive knowledge in the use of personal computers with a variety of programs and accounting applications. Ability to: Interpret and uphold the Airport Certification Manual, Airport Emergency Plan, Airport Security Plan, Snow and Ice Control Plan and Wildlife Hazard Management Plan; develop and lead an administrative and maintenance team to ensure the highest level of customer satisfaction is continuously upheld; supervise and evaluate staffs work; successfully coordinate and manage the overall operations of YAT and its properties; establish and maintain effective working relationships with YAT staff, advisory board, City and County employees, City/State/Federal agencies, and others; analyze and evaluate operations. Develop and implement corrective actions as needed; develop departmental goals, objectives, and conduct planning activities; communicate effectively, both orally and in writing, with individuals and groups regarding all issues or regulations affecting the YAT; and demonstrate integrity, honesty, and inventiveness. PHYSICAL DE' ANDS: Work is performed in an office and/or airport environment often while sitting at desk or computer terminal for extended periods of time or while standing for a period of time. Needs to move inside the fmoi||b/ to aooeea file cabineta, office machinery, etc. with additional work required outside the facility. Constant use of both hands in reaching/handling/grasping/fingering while performing duties and operating computers. Occasional heavy work includes lifting and carrying up to 50 pounds. Occasionally ascends/descends mto|re while maintaining balance. Constant use of all oanaeo including feel ing8o|hing/hearing/oeminQ xvhi|n performing duties and connnnuninmUnQ with co+morkmre, general public and completing all tasks as assigned. Must be able to maintain |mnQ-tmrrn and short-term memory. May work in remote locations and/or in noisy work areas with exposure to frequent aircraft noise and/or exhaust fumes. Reasonable aoomnnmnodot|ono may be made to enable individuals with disabilities to perform the essential functions. UNUSUAL ORKING CONDITIONS: Duties are primarily performed inomoffice environment while sifting gdodesk or computer. Employee may be required to travel to meetings in or out of town. yNmnmQer must be: physically able to perform the essential functions of this job; able to use and operate common office equipment utilized in the performance of the expected dudes for this job; able to drive on airfield and use air to ground radios with excellent communication and knowledge of aviation terminology; able to use runway deom|eronneber to perform braking action reports during inclement weather. Manager must maintain familiarity with the equipment used in the operation and maintenance of YAT runways, terminal, and other facilities. LICE, SES, REGISTRATION & CERTIFICATES: Must possess and maintain a valid Driver's License and obtain a Washington State License upon hire. Ability to pass m ten (10) year background check for security clearance to obtain a Security Identification Display Area badge upon hire. Airport Security Coordinator (A8C)training certificate required. American Association of Airport ExecuUves, Certified Member OR Accredited Airport Executive (A.A.E.) certification from the American Association of Airport Executives (AAAE) preferred.