Loading...
HomeMy WebLinkAboutWayne Wantland - Employment AgreementEMPLOYMENT AGREEMENT FOR INTERIM PUBLIC SAFETY COMMUNICATIONS MANAGER 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 Wayne Wantland. (hereafter referred to by name, as "Interim Public Safety Communications Manager", 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 Wayne Wantland as the Interim Public Safety Communications Manager of the City of Yakima; and WHEREAS, the City desires to provide for certain benefits and compensation for the Interim Public Safety Communications Manager and to establish conditions of employment applicable to the Interim Public Safety Communications Manager; and WHEREAS, Wayne Wantland desires to accept employment as the Interim Public Safety Communications Manager 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. Wayne Wantland is appointed as Interim Public Safety Communications Manager 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 Public Safety Communications Manager. The Interim Public Safety Communications Manager shall have the duties, responsibilities and powers of said office as set forth in the City of Yakima Class Specification for Public Safety Communications Manager, 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 Public Safety Communications Manager shall follow the City of Yakima administrative policies and procedures. The Interim Public Safety Communications Manager 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 Public Safety Communications Manager 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 Public Safety Communications Manager 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 1 of 6 City as its Interim Public Safety Communications Manager. The Interim Public Safety Communications Manager shall dedicate no less than an average of thirty (30) hours per week in the performance of his duties hereunder. C. If the Interim Public Safety Communications Manager 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 Public Safety Communications Manager 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 Wayne Wantland as the Interim Public Safety Communications Manager of the City of Yakima is effective on December 23, 2020 and shall last approximately four (4) to six (6) weeks however with mutual consent may be extended for a longer duration not to exceed more than fifty thousand dollars ($50,000) in value. B. The Interim Public Safety Communications Manager shall serve at the pleasure of the City Manager and shall be an at -will contractual employee of the City of Yakima, and Wayne Wantland 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 Public Safety Communications Manager 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 Public Safety Communications Manager is a temporary position and lasting only until the City is able to fill the position of Public Safety Communications Manager with a long-term interim or on a permanent basis. Nothing in this Agreement shall prevent Wayne Wantland from applying for the permanent Public Safety Communications Manager position if he chooses to do so. 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 Public Safety Communications Manager a weekly salary of two thousand five hundred dollars ($2,500.00), 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 Public Safety Communications Manager. Page 2 of 6 C. The Interim Public Safety Communications Manager 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 Public Safety Communications Manager is paid a salary and is not entitled to overtime compensation. Section 5. Dues and Subscriptions. Pursuant to YMC 2.20.085(6), the City will pay the Interim Public Safety Communications Manager's professional dues approved by the City Manager. Other appropriate dues and subscriptions on behalf of the Interim Public Safety Communications Manager 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 Public Safety Communications Manager's travel to and attendance at conferences approved by the City Manager. The City may choose to pay for the Interim Public Safety Communications Manager's attendance at other seminars, conferences, and committee meetings as deemed appropriate and approved in advance by the City Manager. B. The Interim Public Safety Communications Manager 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 Public Safety Communications Manager 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 Public Safety Communications Manager is entitled to specified holidays with pay consistent with management employees pursuant to YMC 2.40.080. The Interim Public Safety Communications Manager 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. Page 3 of 6 WAIVER OF PARTICIPATION: By my signature below, I acknowledge that Health, Dental and Vision coverage has been offered to me and I elect not to participate at this time. I am aware that my only opportunity to enroll in the future is if a qualifying event occurs. Wayri ntlan Section 10. Communication Equipment. /.7 Date The Interim Public Safety Communications Manager will receive a City -issued cell phone to be used for City business in accordance with City policy. Section 11. Retirement. Pursuant to Washington State law, the Interim Public Safety Communications Manager is a retiree under the DRS PERS 2 plan. Hours worked will not exceed the eight hundred sixty seven (867) hour threshold and 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 Public Safety Communications Manager shall serve at the pleasure of the City Manager. Either party may terminate this Agreement and the Interim Public Safety Communications Manager'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 Public Safety Communications Manager'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 Public Safety Communications Manager becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) consecutive weeks 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 Public Safety Communications Manager shall be entitled to the benefits and subject to the responsibilities in City of Yakima Resolution No. D-5820, entitled Page 4 of 6 "Resolution providing for indemnification against personal liability for City personnel", and any protections provided by State of Washington law, including RCW 4.96.041. 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 Public Safety Communications Manager, 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 Public Safety Communications Manager 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. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of the Interim Public Safety Communications Manager. 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 Public Safety Communications Manager'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. Page 5 of 6 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 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 3 --day of , , 2020. ATTEST: By City Clerk EXECUTED this day of City Contract No. 2020- R17 CITY OF KIMA Rlncit Manager e) ert)I-anist), y „.3 Wayne Wahtla CITY CONTRACT NO: 1 RESOLUTION NO:. rip, Page 6 of 6 First Amended Contract For Interim Public Safety Communications Manager This First Amendment of the existing Employment Agreement (City Contract No. 2020-271) (hereafter "Agreement") with Wayne Wantland (hereafter "Employee") is made and entered into by and between the City of Yakima (hereafter the "City") and Employee. Whereas, the City entered into said Agreement with Employee for the purpose of obtaining an Interim Public Safety Communications Manager for the City of Yakima; and Whereas, the original term of said Agreement was for a period beginning December 23, 2020 for approximately four (4) to six (6) weeks for a total amount not exceeding fifty thousand dollars ($50,000); and Whereas, the Agreement was written so that employment would not interfere with Employee's retirement benefits; and Whereas, Section 2 of said Agreement allows the extension of the Agreement upon mutual consent; and Whereas, the parties wish to amend the Agreement to allow Employee to continue employment through recruitment of a permanent Public Safety Communications Manager; and Now, therefore, the City and Employee agree to amend the Agreement as follows: Section 1. Employment and Duties. A. Wayne Wantland is appointed as Interim Public Safety Communications Manager 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 Public Safety Communications Manager. The Interim Public Safety Communications Manager shall have the duties, responsibilities and powers of said office as set forth in the City of Yakima Class Specification for Public Safety Communications Manager, which is attached as Exhibit A, and under Washington law, the Yakima Municipal Code, the City Charter, and he shall perform such First Amended Contract for Interim Public Safety Communications Manager between City of Yakima and Wayne Wantland 1 other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The Interim Public Safety Communications Manager shall follow the City of Yakima administrative policies and procedures. The Interim Public Safety Communications Manager 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 Public Safety Communications Manager 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 Public Safety Communications Manager 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 Public Safety Communications Manager. The Interim Public Safety Communications Manager shall dedicate no less than an average of twenty (20) hours per week in the performance of his duties hereunder except as provided in subsection D of this agreement. C. If the Interim Public Safety Communications Manager 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 Public Safety Communications Manager 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. D. After April 30, 2021, the Interim Public Safety Communications Manager may be retained on an intermittent hourly basis to assist in the transition of a new Public Safety Manager. Section 4. Salary A. For the performance of services pursuant to this Agreement, the City agrees to pay the Interim Public Safety Communications Manager a weekly salary of one thousand six hundred and sixty- six dollars and sixty cents ($1,666.60), payable in installments at the same time as other City employees are paid. After April 30, 2021 the rate of pay shall be based on the same rate of pay but will be paid hourly at the rate of eighty-three and thirty-three cents ($83.33) on an as needed basis. First Amended Contract for Interim Public Safety Communications Manager between City of Yakima and Wayne Wantland 2 B. Nothing in this Section shall require the City to increase the base salary or other benefits of the Interim Public Safety Communications Manager. C. The Interim Public Safety Communications Manager 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 Public Safety Communications Manager is paid a salary and is not entitled to overtime compensation. Except as expressly modified herein, all other terms and conditions of the Agreement between the City of Yakima and Wayne Wantland (City Contract No. 2020-217) shall remain in full force and effect. CITY OF YAKIMA By: Bob Harrison City Manager Date: ATT 1, 0 City le k City Contract No.: 2020-217( First Amended Contract for Interim Public Safety Communications Manager between City of Yakima and Wayne Wantland WAYNE WANTLAND By: 3 Wa3rne dand Date: