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HomeMy WebLinkAbout07/14/2026 07.B. Resolution ratifying an agreement with The Referent Group for placement of Thomas Huntington as the interim fire chief r 'V ii _�ii •• i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.B. For Meeting of: July 14, 2026 ITEM TITLE: Resolution ratifying an agreement with The Referent Group for placement of Thomas Huntington as the interim fire chief SUBMITTED BY: Vicki Baker, City Manager SUMMARY EXPLANATION: The city manager executed an agreement with The Referent Group for the placement of Thomas Huntington as the interim fire chief. Attached for Council review is the agreement between the City and The Referent Group and a resolution. City Council needs to ratify execution of the agreement by adopting the resolution. The expected contract amount is below the City Council threshold for approval but could be renewed to a point where it could exceed the $100,000 threshold. Therefore, we are seeking Council approval of the agreement. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Referent Group_interim fire chief Thomas Huntington Document_260709_142940.pdf 6 RESOLUTION NO. R-2026- A RESOLUTION authorizing and ratifying execution of a Professional Services Agreement with The Referent Group for Interim Fire Chief services for the City of Yakima. WHEREAS, the position of Fire Chief for the City of Yakima became vacant following the retirement of the previous Fire Chief; and WHEREAS, the City of Yakima requires qualified interim leadership of the Yakima Fire Department to ensure continuity of operations, administration, and public safety services while the City conducts a recruitment for a permanent Fire Chief; and WHEREAS, The Referent Group is a professional services firm with experience providing qualified interim public safety executives, and was determined to be qualified to provide such services to the City; and WHEREAS, the City Manager has negotiated and executed a Professional Services Agreement with The Referent Group to provide Interim Fire Chief services to the City for the period beginning July 6, 2026, and continuing through September 30, 2026, or until a permanent Fire Chief is appointed and assumes duties, whichever occurs first, a copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, the City Council finds that ratification and approval of the Agreement is in the best interests of the City of Yakima and its residents and will promote the general health, safety, and welfare of the community, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby authorizes and ratifies the Professional Services Agreement with The Referent Group, attached hereto and incorporated herein by this reference, for Interim Fire Chief services, not to exceed Sixty Thousand Dollars ($60,000) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 14th day of July 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 1 7 :• ,` HUMAN RESOURCES DEPARTMENT �.1 129 North Second Street 1`,. ) Yakima,18ashin t on 98901 .NMI." Phone(509) 575-6090 Fax(509)576-6358 July 2.2026 The Referent Group c/o Thomas Hustead Dear Mr. Hustead; Thank you for the opportunity to provide an Interim Fire Chief for the City of Yakima. Below is the City of Yakima and The Referent Group Consultants ("TRG") agreement for providing consulting services. Term.. The initial term of this Agreement will begin July 6, 2026 through September30, 2026 The Agreement may be renewed, by a signed written agreement, up to nine times for additional one -month periods . ItisanticipatedthattheCitywill need Interim Fire Chief services for approximately three months to a year. Interim Fire Chief. TRG shall assign a TRG Company employee, to serve in an independent contractor role as an Interim Fire Chief to the City. The Interim Fire Chief shall perform work as assigned by the City. The City shall have the right to direct TRG to replace the Interim Fire Chief at any time. For the purposes of coordination and performance the Interim Fire Chief shall report to the City Manager. Prior to assigning any Interim Fire Chief, the name and resume of the individual chosen by TRG shall be sent to Human Resources Director, Lisa Garcia. The City may request that the individual chosen attend a City Council meeting, or panel interview. If no rejection is conveyed to TRG, it is presumed that the Interim Fire Chief chosen is acceptable. Duties of the TRG Company. TRG shall provide a TRG employee that is qualified to act as the Interim Fire Chief during the term of the contract. TRG represents that the Interim Fire Chief has the requisite skills and talents to perform the duties as assigned.TRG shall(I)pay all wages and other remuneration to its employee who is provided as the Interim Fire Chief under this Agreement, (2)prepare and file all payroll tax returns and reports,(3)pay all amounts due and owing pursuant to the payroll tax returns and reports (5) prepare, file, and furnish to the employee applicable TRG employee tax forms, and(6)prepare and file,with a copy to City, applicable employer tax forms. Expectations and Duties of the Interim Fire Chief. The Interim Fire Chief shall 8 carry out the general duties of a Fire Chief, as outlined and allowed in the Yakima City Charter. state and local law, and follow all federal, state and local laws. The Interim Fire Chief shall attend in person all special and regular meetings of the City Council,as directed by the City Manager,and such other meetings as required by the City Manager. The Interim Fire Chief shall work a minimum average of 40 hours per week. The Interim Fire Chief may be allowed to work remotely upon approval by the City Manager. The City Manager and the Interim Fire Chief may establish a work plan which the City determines necessary for the proper operation for the City and to attain the City's policy objectives. The duties of the Interim Fire Chief shall include: • Overall command, administration, and operational direction of the fire department/district, including suppression, prevention, emergency medical services,and rescue operations; • Supervision,evaluation, and management of department personnel, including career and volunteer/paid-on-call staff, in accordance with applicable personnel policies and any collective bargaining agreement(s); • Development, administration, and monitoring of the department's operating and capital budgets, subject to approval by the City Manager; • Ensuring department compliance with applicable federal, state, and local laws, including WAC/RCW provisions governing fire service operations, Washington State Fire Marshal requirements, and OSHA/WISHA/DOSH workplace safety standards; • Serving as the department's primary liaison to the City's governing body, other public safety agencies, mutual aid partners, and the community; • Maintaining and reporting on department readiness, apparatus, equipment, and facilities; • Continuing implementation of existing department initiatives, strategic plans, and labor relations matters, and advising the governing body on issues requiring policy-level decisions; • Station Deployment modeling and/or plan development • 2-3 year community-based Strategic Plan • Succession planning and professional development infrastructure o Assistance with Fire Chief recruitment effort if appropriate o Investment in internal candidates, including individual professional development plans and career coaching o Assessment of the overall succession `pipeline' for future leader growth and development o Fire Department leadership team development • Department review and overview o Training and development systems assessment o Fleet management assessment 9 o Other, TBD • Performing such other duties as are customarily performed by a Fire Chief or as reasonably assigned by the City Manager. While billing for City of Yakima work,the Interim Fire Chief shall not conduct work for any other public or private entity and shall not conduct personal business. City of Yakima facilities shall not be used to conduct business for any entity other than the City of Yakima. Duties of City. When applicable,the City shall provide a work place for the Interim Fire Chief,maintain the work place in accordance with applicable health and working standards, notify the TRG immediately of all employee injuries and provide reimbursement to the Interim Fire Chief for costs incurred as a result of performing City business such as lodging, travel expenses and other similar costs at the normal City rates and in accordance with City's cost reimbursement policies applicable to City employees, found in Administrative Policy 1-1900 which is fully incorporated herein. The Interim Fire Chief shall be reimbursed for work-related travel expenses at the IRS mileage rate. Mileage,travel expenses and other similar costs shall only be for work-related travel that is not "Within the City" as that is defined in Administrative Policy 1-1900. Exclusions/Limitations. Non-uniformed interim position provided by the Referent Group- WAC 296-305-5000-01 a,b exempt-this position would not manage day-to- day emergency operations, based upon the initial contract duration, overall scope, and capacity. During the initial 3-month interim period, the position will not be responsible for emergency response or day-to-day operations management. Fees & Expenses. The monthly rate for the Interim Fire Chief assigned under this Agreement is $16,000 per month with mutually agreed upon adjustments available after the first three (3) months based on availability, desired timeline, and remaining deliverables, if any. Any adjustments to the rate shall be agreed to in writing signed by both parties. TRG will submitinvoicesto the City every month. and payment is due within thirty (30) days of receipt. The City is not responsible for payment of dues. memberships, subscriptions or attendance at conferences,unless prior approval is obtained by the Interim Fire Chief from the City Manager.The City will provide weekly accommodations at an extended stay,Airbnb, guest suite, or similar. Indemnification.TRG shall indemnify,defend, release,and hold harmless City from any and all claims arising out of or related to required payroll deductions and withholdings, legally required workers' compensation insurance,and other employee benefits. Specifically, and without limitation, TRG shall indemnify, defend,release, and hold City harmless from and against any claim by the Interim Fire Chief(or other 10 TRG employee)for Agency vacation, sick leave, health, retirement or other Agency benefits resulting from Interim Fire Chiefs performance of work under this Agreement, City releases and agrees to indemnify, defend, and hold harmless TRG, the employees of TRG,and personnel,directors,and officers of TRG from any claims arising out of or related to the Work performed by the Interim Fire Chief(or other TRG employee) within the scope of this Agreement. TRG releases and agrees to indemnify, defend, and hold harmless City, its officers, employees and Interim Fire Chiefs, from any claims arising out of or related to the acts or omissions of the Interim Fire Chief or other TRG employee that are outside of or unrelated to the work under this Agreement. If City is notified or becomes aware of any alleged improper or illegal activities by the TRG employee, City shall notify TRG immediately. This indemnification provision shall not preclude a claim by or coverage for the City under a Professional Errors and Omissions Insurance Policy. Insurance.TRG shall comply with the following conditions and procure and keep in force at all times during the term of this Agreement, at TRG's expense,the following policies of insurance with companies authorized to do business in the State of Washington. 1. Commercial General Liability Insurance on an occurrence basis in an amount not less than $2,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. 2. Professional Errors and Omissions Insurance in an amount not less than $2.000,000 per occurrence and $2,000,000 in the annual aggregate. Bonding. The City will bear the costs of any fidelity or other bonds required of the Interim Fire Chief under any law or ordinance associated with performing the duties. Independent Contractor. TRG is an independent contractor responsible for complying with all obligations of an employer imposed under federal or state law. T TRG's contractor is not an employee of the City for any purpose. Nothing in this Agreement shall be construed to create an employer-employee, partnership, or joint venture relationship between the Parties. TRG shall be solely responsible for payment of all federal, state,and Iocal taxes, including self-employment taxes, arising from compensation paid under this Agreement. The City will not withhold taxes or make contributions to Social Security, Medicare, unemployment insurance, workers'compensation, or any retirement system(including the Washington State Department of Retirement 11 Systems/PERS or LEOFF) on TRG's contractor's behalf except as otherwise required by law. TRG's contractor is not eligible for,and shall not participate in, any employee benefit plans. health insurance, paid leave,or retirement programs offered by the City to its employees, unless otherwise required by applicable law. Notwithstanding TRG's independent contractor status,the Parties acknowledge that certain statutory command authority (e.g., incident command authority at emergency scenes) attaches to the position of Interim Fire Chief by operation of law and department policy while the TRG's contractor serves in that capacity. Industrial Insurance. The Parties shall evaluate and document, consistent with RCW Title 51 (Industrial Insurance)and Washington Department of Labor& Industries guidance,whether TRG is a covered worker for industrial insurance purposes given the nature of fire suppression and emergency response duties,and shall obtain appropriate coverage accordingly. Conflict of Interest. The Interim Fire Chief selected by TRG shall not have any conflicts of interest with the City of Yakima, nor enter into any other business relationship which would create a conflict of interest. Termination. The City may terminate this Agreement,with or without cause, upon five (5) business days'notice to the other party. Notices. Notices required under this Agreement shall be sent to the following addresses certified and regular mail, and electronic mail: The Referent Group do Thomas Hustead 105 Utah Ct. Elizabeth Town,KY 42701-25963 City of Yakima c/o Lisa Garcia,HR Director 129 N. 2nd Street Yakima, WA 98901 lisa.garcia@yakimawa.gov Copy to: callv.orice@vakimawa.gov Notice shall be effective on the third day after mailing, or the date of receipt of the certified mail, whichever is earlier. The Parties may mutually agree on a termination date. 12 Integration and No Presumption of Draftmanship. This Agreement constitutes the entire agreement between the Parties, and both parties acknowledge that there are no other agreements,oral or otherwise,that have not been fully set forth in the text of this Agreement. In addition, the Parties acknowledge that they have negotiated the Agreement terms and thus there shall be no presumption of draftsmanship in any dispute regarding the meaning or intent of any provision. Modification. This Agreement can be modified or amended only with the written consent of both parties. Venue and Jurisdiction. This agreement shall be governed and construed under the laws of the state of Washington. Any action filed under this Agreement shall be in the state and federal courts located in Yakima, Washington. Severability. If any provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other provision. Accepted by: City of Y kima The Referent Group ict rta Baker, ' anager Thomas Hustead, CFO 13