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HomeMy WebLinkAboutVia Hand Delivery Augusta Richmond GA DOCUMENT NAME: V io.. HQ~ 1)e\ i V-eY-~ DOcUMENTTYPE: A<c) Yeemen T- YEAR: 10q~ BOX NUMBER: 9 FILE NUMBER: '4 lo 5" <is NUMBER OF PAGES: y -.; ,. " ,~ A.\Ulp~ial= JRii<eJhunmm)llllall C(Q)\UlIID iy C(Q)mmmmn ~~ii(Q)IID-C(Q)1JllIID<eiin ROOM eol . CITY-COUNTY MUNICIPAL BLDG, Ill) AUGUSTA, GEORGIA 30911 Bus, (706) 821.2488 Fax No, (706) 722.5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H, BRIGHAM WILLIAM B, KUHLKE, JR, WM, 'WILLIE" H, MAYS, III J,B, POW8..L MOSES TODD ROBERTZETTERBERG UNDA w. BEAZLEY ./ Administrator - Administrati~ LARRY E, SCONYERS Mayor FREDDIE L, HANDY Mayor Pro Tam January 7, 1997 CHARLES OILlARD Administrator - Operations VIA HAND DELIVERY JAMES B, WALL Attorney Mr. Ed Skinner Chairman, Bush Field Aviation Commission Reply to: P,O,BOX 2125 Augusta, GA 30903 Re: Airport Director Agreement Dear Mr. Skinner: Enclosed please find two (2) originals of the Agreement between the Aviation Commission and Albert McDill, which I have revised according to our latest telephone conversation today. Should you have any questions or require anything further with regard to this contractr please give me a call. Thanking you and with best personal regards, I am Very truly yours, l,b~ LO~S. D'Alessio cc: James B_ Wall A , , ~ AGREEMENT STATE OF GEORGIA COUNTY OF RICHMOND -tl.- THIS AGREEMENT, made and entered into this 7~ day of January, 1997, by and between the BUSH FIELD AVIATION COMMISSION ("Employer" and sometimes referred to herein as "Commission") and ALBERT L. McDILL, ("Employee"); WITNESSETH: WHEREAS, Employer desires 'to employ the services of said Employee as Director of Bush Field Airport; and WHEREAS, it is the desire of Employer to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is ~he desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to sickness or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as Director of Bush Field Airport; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and' sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Employee as Director of Bush Field Airport to perform the function and duties specified in Attachment A and to perform other legally permissible and proper duties and functions as the Employer shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4 of this agreement. h 'Ii " .. B. Nothing in this, agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4 of this agreement. C. Employee agrees to remain in the exclusive employ of Employer for a term of two (2) years, beginning January 1, 1997, and ending December 31, 1998, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. D. This Agreement may be renewed for additional one (1) year terms upon mutual agreement of the parties, made in writing, no later than ninety (90) days prior to the termination of the Agreement. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of the Commission and Employee agree, or (2) after a public hearing, a majority of the Commission votes to suspend Employee for just cause; provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Commission members bringing such charges. Section 4. Ter.mination A. Employer may, at any time, with or without cause, terminate this Agreement upon ninety (90) days' written notice to Employee. In the event Employee is terminated by the Employer before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to his remaining compensation under this Agreement as severance; provided, however, that if Employee is terminated before expiration of the aforesaid term of employment for cause, then in that event, Employer shall have no obligation to provide any severance sum as designated in this paragraph, and shall be required only to provide Employee with 24-hours' notice of termination. "Cause" as used in this section shall include, but not be limited to: Employee's breach of any term and/or condition of this Agreement; Employee's arrest, conviction, or indictment for any crime involving moral turpitude, or commission of any illegal act involving personal gain to him; Employee's commission of a crime which could in any way adversely affect the reputation and/or 2 r. -. business of the Bush Field Airport and/or Employer; gross misconduct by Employee; or Employee's failure to provide the notice required by Section 4.B., below. B. Employee may, at any time, terminate this Agreement upon ninety (90) day's written notice to Employer, or upon such shorter notice as may be mutually agreed to by both parties. In the event Employee terminates the Agreement pursuant to this subsection, Employee shall continue to render his services and receive regular compensation as provided herein until the last date of Employee's employment. Section 5. Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness,' accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, without any liability for severance pay. However, Employee shall be compensated for any accrued vacation, holidays, compensatory time and other accrued benefits: Section 6. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual salary of $72,500 payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said salary and/or other benefits of Employee in such amounts and to such extent as the Commission may d~termine that is desirable to do so, but not in excess of such rate as other general employees of the Commission. Section 7. Outside Activities Employee shall not spend time in teaching, counseling or other non-Employer connected business without the prior approval of the Commission. Section 8. Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times of an automobile provided by Employer, for work-related purposes in accordance with existing policies for use of public vehicles by the Commission. Employer shall be responsible for all expenses related to said automobile. 3 Section 9. Moving Expenses The parties recognize that the Employee will incur certain expenses in moving his family to the Augusta-Richmond County area. These expenses include, but are not limited to: trips to find housing, temporary housing and expenses of packing and moving himself, his family and personal belongings from New York to Augusta-Richmond County, Georgia. The parties agree that the Employee will be compensated a sum not to exceed $3,800 for packing and unpacking, any storage costs, moving expenses and insurance charges and incidental expenses (e.g., temporary housing, transportation and lodging to secure housing, etc.) Section 10. Vacation, Sick and Military Leave A. Upon completion of one (1) year of employment under this Agreement, Employee shall be entitled to two weeks' vacation leave for the second year of employment. Employee shall accrue, and have credited to his personal account, sick leave at the same rate as all other general employees of Augusta-Richmond County. B. Employee shall be entitled to military reserve leave time pursuant to state law and Employer's policy. Section 11. Retirement. Disability, Health, Life Insurance and A. During the term of this Agreement, Employer agrees to put into force and to make required premium payments for Employee on insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents equal to that which is provided all other employees of Employer. B. During the term of this Agreement, Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees..of Employer. C. During the term of this Agreement, Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. To the extent permitted by law, the medical report shall be treated as a confidential record not subject to public disclosure. D. During the term of this Agreement, Employee shall be eligible to participate in any retirement plans offered by Employer, as same are offered to other employees of Employer. 4 Section 12. Indemnification As a part of the compensation and terms of employment of Employee, the county attorney is hereby directed to defend all civil, criminal or quasi-criminal actions brought against such Employee arising out of the performance of his duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law or statutory rights; provided, however, the county attorney shall not be authorized to furnish a defense to Employee if charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of Augusta-Richmond County or, any other governmental entity; and provided further, the county attorney shall not be required to furnish a defense where liability insurance has been provided by Augusta-Richmond County to protect outside parties and pay damages by reason of the occurrence or action complained of. It is hereby resolved that Augusta-Richmond County may expend public funds to furnish all costs in connection with the defense of such action, including but not limited to attorney's fees, court costs, deposition costs, witness fees and compensation. Section 13. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 14. Other Ter.ms and Conditions of Employment A. The Employer, in consultation with the Employee, shall fix such other terms and conditions of employment, as it may determine from time ,to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Augusta-Richmond County Charter or any other law. B. Except as otherwise specifically provided herein, all provisions of the Augusta-Richmond County Charter and Code, and regulations and rules of the Employer relating to vacat~on and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Augusta-Richmond County. C. Employer shall review and evaluate the performance of Employee at least once every six (6) months and in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as Employer may from time to time determine, in consultation with Employee. Further, Employee shall be provided with a summary written statement of the findings of the Commission and shall be provided an adequate 5 opportunity for Employee to discuss his evaluation with the Commission. D. Employee shall be provided with private offices, stenographic help and other facilities and services which are deemed necessary for the performance of his duties and are approved by the Commission. Section 15. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 16. Death During Employment Should Employee die during the term of this Agreement and, as of the date of death, be a participant in any retirement plan offered by Employer, then Employer agrees to pay to Employee's estate any sums due Employee's beneficiaries under the terms and conditions of said plan. Section 17. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Chairman Bush Field Aviation Commission c/o Bush Field Airport 1501 Aviation Way Augusta, GA 30906 (2) EMPLOYEE: Albert L. McDill Bush Field Airport 1501 Aviation Way Augusta, GA 30906 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of ' the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18. General provisions A. The text herein shall constitute the entire agreement between the parties. 6 .' :.. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. execution. This Agreement shall become effective upon D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effe~t. IN WITNESS WHEREOF, the Commission has caused this agreement to be signed and executed in its behalf by its Chairman and duly attested, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. EMPLOYEE Sworn to and subscribed before me this '7-<. day of ~~ ---: 1991. Notary Publ~c MlHoi89~.~rfiOHd ~~<< J;~~jFKlJ( ~ klJi/- AL RT L. McDI BUSH FIELD AVIATION COMMISSION _ 7 BY: ~e€ fi':.j2,L~ ATTEST: As its Chairman As its 7