HomeMy WebLinkAboutMason County Fire Chief's Association - Interlocal Agreement '( c urrw a Ck M 23-o-40
Return recorded document to:
Mason County Community Development
615 W Alder, Shelton,WA 98584
INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES
BETWEEN MASON COUNTY AND THE MASON COUNTY FIRE CHIEF'S ASSOCIATION
1. Parties.THIS AGREEMENT is entered into by Mason County ("County") and the Mason County Fire
Chief's Association ("Association") under the authority of the Interlocal Cooperation Act, RCW Chapter
39.34
2. Recitals. Whereas, the County and the Association have determined that it is in the best interest of
the County and its citizens to work together in establishing an agreement to provide fire investigation
services by the Association for the County.
3. Purpose. To establish a joint agreement for providing fire investigation services within the boundaries
of Mason County.
4. Authority. RCW Chapter 39.34.080 permits local governmental units to make official use of their
powers enabling them to cooperate with other localities based on mutual advantage.
5. Duration. Once executed by both parties, this agreement shall be effective January 1, 2024 and shall
terminate no later than December 31, 2025, unless mutually agreed upon by both parties to extend the
agreement.
6. Compensation.The County shall pay the Association for services in the maximum amount of$82,000
per year($164,000 total for the Contract) as identified in Exhibit"A"without prior written approval of
the County. Fees for services shall be based on hours and expenses as shown on Exhibit"A". County
shall also provide at no expense to the Association access to a report writing program to allow for the
completion of investigation reports.
7. Payment.Within 30 days of receipt of an invoice from the Association, the County shall reimburse the
Association for actual costs incurred.
8. Sope of Work.
8.1 Investigation of the origin, cause, circumstances, and extent of loss from fire whether of a criminal
or civil nature.
8.2 For each fire investigated, prepare, and submit to the County in a timely manner a written report
that adheres to the investigation methodology of National Fire Protection Association (NFPA)
Standard 921. The County shall reserve the right to peer review said reports and approve or
reject. Once approved, all reports shall become the property of the County.
8.3 To ensure cooperation among the local fire districts, the State Fire Marshal's office and all State
and County law enforcement and regulatory personnel.
9. Criteria for Investigation. Pursuant to RCW 43.44.050, all fires within Mason County must be
investigated for the origin, cause, circumstances, and extent of loss. Fire Investigators shall be
requested as outlined in Exhibit"B" as agreed upon by the Association and the County.
10. Qualifications of Investigators. Each person performing investigations under the scope of this
contract shall possess the minimum qualifications for a fire investigator as established by the
Association.
11. Hold Harmless. Each party shall hold harmless, defend and indemnify the other party, its officers,
officials, employees, and agents against any and all claims, actions, suits, liability, loss, expenses,
damages and judgements of any nature whatsoever, including costs and attorney fees in defense
thereof, for injury, sickness, disability, or death to persons or damage to property or business, caused
by or arising out of the negligence of each party's employees, agents and volunteers. Provided
however, the Association's obligation hereunder shall not extend to injury, sickness, death, or damage
caused by or arising out of the sole negligence of the County, its officers, officials, employees, or
agents. In the event of concurrent negligence of the parties, the Association's obligations hereunder
shall apply only to the percentage of fault attributable to their employees, agents, and volunteers.
12. Administration. No separate legal or administrative entity is created by this Agreement.The Mason
County Fire Chief's Association and Mason County Community Development Department shall jointly
administer this agreement.
MCFCA ILA 2024-2025
13. Termination: Either party may terminate this Agreement as follows:
13.1. For Cause. For a material breach thereof by the other party. Fifteen days written notice to the
other party is required stating the intent to terminate for cause. The breaching party will be given
the opportunity to cure its breach and if completed within the fifteen-day period, the Agreement
shall not terminate.
13.2 For Convenience. Either party may terminate this Agreement without cause at any time
providing a fifteen-day written notice of termination is submitted in advance.
14. Insurance. Each party shall maintain and provide evidence to the other of insurance or self-insurance
adequate to cover its liability obligations for its respective operations, facilities, equipment, and
personnel under this Agreement and/or arising out of each parties' activities hereunder.
15. Notices.Any notices to be given under this Agreement shall be delivered in person or mailed to the
parties at the following addresses:
15.1. County. Mason County Community Development Department.
615 W.Alder Street
Shelton, WA 98584
15.2.Association. Mason County Fire Chief's Association
PO Box 1822
Shelton, WA 98584
16. Severability. If any provision of this Agreement or its application is held invalid, then the remainder of
the Agreement or the application of the remainder of the Agreement shall not be affected and remain
in full force.
17. Waiver. No waiver or any provision of this Agreement shall be valid unless it is in writing and signed by
the person or party whom charged.
18. Third Party Rights.This Agreement shall not create any third-party rights by any party that has not
signed this agreement.
19. Modification.This Agreement represents the entire agreement by both parties and shall not be
modified, terminated, or waived by either party without authorized written approval by representatives
of both parties.
20. Benefits.This Agreement is entered into for the benefit of both parties to provide fire investigation
services for all of Mason County for the duration of this Agreement.
Dated this day of Decernbe,r 1 2023
Board of Commissioners
ATTEST: Mason County, Washington
McKenzie Smiffi, Cluyrk of the Board Sharon Tr sk, Chair
APPROVED TO FORM: Ra y Neather , Commissioner
Tim Whit ���ccutor Kevin Shutty, C mmissioner
MASON_ NTY FIR C�F'S ASSOCIATION:
Beau Bakken, President Brandon Sear es, Vice-President
i
1_ re retary N dine Brown, Treasurer
MCFCA ILA 2024-2025
EXHIBIT "A"
Estimated Fire Investigation 2024/2026 Budget
I. Training
Tier I: $500/year
8 hour Protecting Evidence for Fire Cause and Determination Class
Tier II: $4,000/year
1. Initial: 40-hour Basic Fire Investigation course.
2. Succession: Education to meet the requirements for Tier III
Certification including general education, documentation,
scene examination, evidence collection, interview
techniques, post incident investigation and case presentation
(NFPA 921 & 1033)
Tier III: $9,000/year
Annual Fire Investigation conference, advanced & refresher training
Subtotal: $13,500/year
II. Supplies/PPE:
1. Supplies/Uniforms Investigation supplies, PPE & uniforms for Tier III
investigators $4,000/year
2. Investigation Kits Small tools & equipment $6,000/year
Subtotal: $10,000/year
III. Labor
1. Tier III Stand-By Pay: $50 a day for Fri/Sat/Sun/Holidays (170 days/year) $8,500/year
2. Investigation Labor:
Rates Tier II $65.00 per hour
Tier III $125.00 per hour
Estimated Costs: 50 Investigations @ Tier III Level $38,000/year
20 Investigations @ Tier II Level $12,000/year
Subtotal: $58,500/year
Grand Total: $82,000/year
Total Contract Budget: $82,000 x 2 = $164,000
MCFCA ILA 2024-2025
EXHIBIT "B"
Fire Investigator Callout Criteria and Definitions
Definitions
• "Tier 1 Fire Investiqator" —Any firefighter that is certified as an IFSAC Firefighter 2
certification or equivalent.
• "Tier 2 Fire Investigator" —An investigator that has completed a 40-hour Fire
Investigation basic class.
• "Tier 3 Fire Investiqator" —An investigator that has completed the Mason County
Tier 3 fire investigator task book as adopted by the Association and County.
Tier 1 Fire Investigator Criteria
• Non-Commercial Vehicle Fires with no known owner, no insurance and less than
$10,000 in value.
• Structure fires with property loss less than $5,000 from fire damage
Tier 2 Fire Investigator Criteria
• Any fires above a tier 1 fire investigator criteria but less than tier 3 criteria.
• Any Tier 3 fires that a Tier 3 Investigator determines can be handled by a tier 2.
Tier 3 Fire Investigator Criteria
• General Incidents
o Death or serious injury because of a fire. (Two Investigator Callout)
o Recognized incendiary or suspicious fires.
o Fire in or at any publicly owner building or property.
o Significant fires resulting in greater than $20,000 in property loss.
o Fire related incidents involving illegal activity or hazardous materials.
o Explosion.
o When specifically requested by the Incident Commander or law enforcement.
• Vehicle Fires
o Fire Involving multiple vehicles at sites such as automobile sales lots, bus lots,
garages or multiple vehicle fires in a close-proximity and time frame.
o An insured vehicle with a dollar loss of$20,000 or more AND considered
incendiary or suspicious.
• Wildland Fires
o Request from DNR or the Wildland Overhead Support Team.
o Incidents where Arson is readily recognizable.
o Wildland Fires crossing multiple property parcels or requiring a joint jurisdiction
investigation.
Tier 2 investigators can be requested as needed by Tier 3 for training purposes.
Tier 3 investigators may request a second investigator for any fire when needed.
Fire Investigators shall be requested through and dispatched by MACECOM.
MCFCA ILA 2024-2025