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
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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.
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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.
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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.
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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
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"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.
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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: