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HomeMy WebLinkAboutResolutions - 2003.11.20 - 27275c-A3 oye k../r cz>,/a) 3 *MISCELLANEOUS RESOLUT1009_3325-2 BY: Public Service Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS — AUTHORIZING RESOLUTION FOR MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan Emergency Management Act, Act 390 of the Public Acts of 1976, as amended M.C.L. 30.401 et.seq., authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS this Resolution authorizes the request, provision, and receipt of interjurisdictional, mutual assistance in accordance with the Emergency Management Act, Act 390 of the Public Acts of 1976, as amended among political subdivisions within the State. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Michigan Emergency Management Assistance Compact which is attached hereto and incorporated by reference. PUBLIC SERVICES COMMITTEE Copy of Michigan Emergency Management Assistance Compact, Attachments A, B, C, D, and E on File in County Clerk's office. cs y - MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT The Michigan State Police Emergency Management Division Revised - October 8, 2004 TABLE OF CONTENTS Page Preamble 1 Article I: Definitions 3 Article Eligibility And Process For Participation 5 Article Ill: General Implementation Procedures 5 A. Requests For Assistance Under MEMAC 6 B. Local/Regional Mutual Aid Or Reciprocal Aid Compacts & Agreements 6 C. The State As Requesting Party 7 D. Rights And Privileges 7 E. No State, Division, or Signatory Liability 8 F. Required Information 8 G. Duty To Assess Availability Of Resources And Render Assistance 9 H. Standardized Incident Command System Required 9 I. Supervision And Control 10 J. Food, Housing, & Self-Sufficiency 10 K. Communications 11 L. Written Acknowledgement 11 Article IV: Reimbursement 11 A. Personnel 11 B. Equipment 12 C. Materials And Supplies 12 D. Record Keeping 12 E. Payment 13 Article V: Arbitration Of Disputes Regarding Reimbursement 13 Article VI: Insurance 13 Article VII: Liability 14 Article VIII: Length Of Time For Activation Under MEMAC 14 Article IX: Supplementary Agreements/Annexes 14 Article X: Term Of Agreement And Process For Withdrawal 14 Article XI: Implementation Of MEMAC 15 Article XII: Role And Responsibilities Of EMD 15 Article XIII: Severability; Effect On Other Agreements 15 Article XIV: Amendments And Revisions 16 Article XV: Participation In EMAC 16 Authorized Representative Signature Block 17 Attachment A: Authorized Representatives Contact Information 18 Attachment B: Assistance Request Form 19 Attachment C: Assistance Confirmation Form 20 Attachment D: Schedule Of Equipment Rates - 21 Attachment E: Summary Implementation Guidelines 32 Sample Authorizing Resolution 35 _2 MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT PREAMBLE This agreement is entered into between the Michigan State Police Emergency Management Division on behalf of the State of Michigan, and by and among each county, municipality, township, federally recognized tribal nation and interlocal public agency that executes this agreement and adopts its terms and conditions, in view of the following facts: WHEREAS, under MCL 30.403, the governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency and may issue executive orders, proclamations and directives having the force and effect of law to implement the provisions of the Michigan Emergency Management Act (P.A. 390 of 1976 as amended; MCL 30.401 at seq.); and WHEREAS, under MCL 30.407, the director of the Department of State Police is ex officio the state director of emergency management, and the director or his or her designee is empowered to coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within the state in compliance with the applicable provisions of the Michigan Emergency Management Plan; and WHEREAS, under MCL 30.407a, the Emergency Management Division is charged with coordinating within this state the emergency management activities of county, municipal, state, and federal governments; and WHEREAS, under MCL 30.407a(4)(h), the Emergency Management Division may provide for the coordination and cooperation of state agencies and departments with federal and local government agencies and departments in emergency management activities; and WHEREAS, under MCL 30.410(2), municipalities and counties may enter into mutual aid or reciprocal aid agreements or compacts with other counties, municipalities, public agencies, private sector agencies, federally recognized tribal nations or all of these entities; and WHEREAS, under MCL 30. 407a (4) (j), the Emergency Management Division may propose and administer statewide mutual aid compacts and agreements; and WHEREAS, under MCL 3.991 at seq., the State of Michigan has entered into and agreed to participate in the interstate Emergency Management Assistance Compact (EMAC), with authority and responsibility for the coordination of the state's participation in EMAC delegated to the Emergency Management Division; and Page 1 of 35 WHEREAS, under Executive Order 2003-6, the director of the Department of State Police also has been appointed by the governor as the state director of homeland security, with the Emergency Management Division designated as the focal point and coordinating agency for all issues and actions related to homeland security within this state; and WHEREAS, the State of Michigan and each of its political subdivisions must confront the threats to public health and safety posed by possible terrorist attacks involving chemical, biological, nuclear, radiological, incendiary or explosive (CBRNE) weapons of mass destruction; and WHEREAS, the State of Michigan and each of its political subdivisions continue to face threats to public health and safety from both man-made and natural emergencies and disasters, including, but not limited to: fires; floods; snow storms; ice storms; tornadoes; wind storms; wave action; oil spills; water contamination; utility failures; hazardous peacetime radiological incidents; major transportation accidents; hazardous materials incidents; epidemics; air contamination; blight; drought; infestation; explosions; hostile military or paramilitary actions; riots; or civil disorders capable of causing severe damage to property and danger to life; and WHEREAS, neither the State of Michigan nor any of its individual political subdivisions possesses all the necessary resources to cope with every possible emergency or disaster by itself, and an effective, efficient response can best be achieved by the application and leveraging of the collective resources of the state and its political subdivisions; and WHEREAS, the parties to this agreement have determined that it is in their collective best interests to develop and implement comprehensive preparedness plans and conduct joint exercises prior to a sudden and immediate need in order to enhance the efficiency and effectiveness of their response to any emergency or disaster; and WHEREAS, the Constitution and people of the State of Michigan have long recognized the value of cooperation by and among the state and its political subdivisions; NOW, THEREFORE, the parties agree as follows: Page 2 of 35 ARTICLE I: DEFINITIONS 1. Agreement: Michigan Emergency Management Assistance Compact (MEMAC). 2. Assisting Party: Any participating governmental entity furnishing equipment, services and/or personnel to a requesting party under this agreement. 3. Authorized Representative: The chief executive of a participating governmental entity, or his or her designee, who has written authorization to request, offer, or provide assistance under the terms of this agreement. 4. Disaster: An occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. (MCL 30.402(e)) 5. Emergency: Any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state. (MCL 30.402(h)) 6. Emergency Management Division: The Michigan State Police Emergency Management Division (MSPEMD). (MCL 30.407a) 7. Federal Emergency Management Agency (FEMA): a former independent agency that became part of the new Department of Homeland Security in March 2003 - is tasked with responding to, planning for, recovering from and mitigating against disasters. 8. Federally Recognized Tribal Nation: A Native American Indian tribe located within the State of Michigan and recognized by the U.S. Department of Interior, Bureau of Indian Affairs. 9. Interlocal Public Agency: A governmental entity created by an agreement between other governmental entities pursuant to MCL 124.501 et seq. 10. Local State of Emergency. A proclamation or declaration by the chief executive official of a county or municipality that activates the response and recovery aspects Page 3 of 35 of all applicable local or interjurisdictional emergency operations plans and authorizes the furnishing of assistance under those plans. (MCL 30.402(j)) 11. Michigan Emergency Management Act: P. A. 390 of 1976 as amended in 1990 and 2002. (MCL 30. 401 et seq.) 12. Michigan Emergency Management Plan: A comprehensive emergency management plan that the Emergency Management Division is required to prepare and maintain that includes mitigation, preparedness, response and recovery for the state. (MCL 30. 407a (2)) 13. Other Serious Threats to Public Health and Safety Other threats or incidents such as those described above as "disasters," of sufficient magnitude that the necessary public safety response threatens to overwhelm local resources and requires mutual aid or other assistance, but for which no local, state or federal declaration of emergency or disaster is forthcoming or likely to result. 14. Participating Government: The State of Michigan, as well as any political subdivision that executes this agreement and supplies a complete, executed copy to the Emergency Management Division. 15. Period of Assistance: The period of time beginning with the departure of any personnel and/or equipment of the assisting party from any point for the purpose of traveling to provide assistance to the requesting party, and ending upon the return of all the assisting party's personnel and equipment, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip during which the personnel of the assisting party are engaged in activities not reasonably necessary for their safe travel to or from the jurisdiction of the requesting party. 16. Political Subdivision: A county, municipality, school district or other governmental unit, agency, body, board or commission which is not a state department, board, commission or agency of state government. (MCL 30.402(n)) 17. Requesting Party. Any participating governmental entity requesting and receiving emergency assistance under this agreement. 18. Work or Work-Related Period: Any period of time in which either the personnel or equipment of the assisting party are being used by or on behalf of the requesting party to provide emergency assistance, and for which the requesting party agrees to reimburse the assisting party. Specifically included within such work-related periods are reasonable meal or rest breaks, following which the personnel of the assisting party return to active emergency assistance work. ..e Page 4 of 35 ARTICLE 11: ELIGIBILITY AND PROCESS FOR PARTICIPATION The State of Michigan, counties, municipalities, townships, political subdivisions, federally recognized tribal nations and interlocal public agencies of the State of Michigan may become a party to this agreement by executing a copy of this agreement and providing a copy with original signatures and authorizing resolution(s) to the Emergency Management Division. The list of authorized representatives for each participating governmental entity executing this agreement shall be attached as "Attachment A", and shall be updated as needed by means of written notification to the Emergency Management Division. Each participating government shall cooperate with the Emergency Management Division to the extent possible in providing requested information for the development of files or databases of relevant resources. ARTICLE III: GENERAL IMPLEMENTATION PROCEDURES When a participating government either becomes affected by, or is under imminent threat of, an emergency, disaster or other serious threat to public health and safety, an authorized representative of that entity may invoke this agreement by communicating a request for assistance by any practical means to the Emergency Management Division through the Michigan State Police Operations Desk, which is the central, 24-hour, emergency communications center for the State of Michigan. The Operations Desk shall immediately notify the Emergency Management Division of all such requests. Verbal requests shall be confirmed in writing within 24 hours of the original request. All requests for assistance under MEMAC must be made to the Emergency Management Division through the Operations Desk. Direct requests for assistance between or among participating governments shall be considered as activation of local or regional mutual aid or reciprocal aid agreements, and not MEMAC; however, this does not preclude later requests for MEMAC assistance through the prescribed system. Requests for assistance under MEMAC shall be limited to emergencies, disasters or other serious threats to public health and safety. MEMAC is primarily intended to facilitate a comprehensive and coordinated response to major or widespread threats or catastrophic events for which a local and gubernatorial declaration of a state of emergency or disaster for the affected jurisdiction(s) are anticipated or already issued. However, nothing precludes a requesting agency from invoking MEMAC for emergencies, disasters or other serious threats to public health and safety in the absence of a formal emergency or disaster declaration at any level. MEMAC assistance shall not be requested by any participating government unless it is anticipated that the resources available within the jurisdiction or through other, preexisting local or regional mutual aid or reciprocal aid compacts or agreements will be exhausted, inadequate or overwhelmed in response to the threat or event being faced. Page 5 of 35 The Emergency Management Division shall coordinate MEMAC planning and training, and occasionally conduct exercises of MEMAC activation and operations as deemed necessary. Exercises shall be designed and conducted so as to minimize extraordinary expenses to the extent possible. Participating governments shall not receive reimbursement for exercises, training or planning pertaining to MEMAC unless approved by the Emergency Management Division from available state or federal funds authorized for such purposes. The established emergency management system for the State of Michigan will be followed to the extent practicable in implementing MEMAC. An authorized representative of the affected participating government must make requests for assistance under this agreement. Municipalities without an appointed emergency management coordinator shall coordinate requests for MEMAC assistance or for other state or federal assistance with their respective county emergency management coordinators as soon as practicable. Local emergency management coordinators shall, in turn, coordinate their activities with the Emergency Management Division through the division's district coordinator assigned to that area. See "Attachment E" for Summary Implementation Guidelines. A. Requests for Assistance under MEMAC: Participating governments invoking MEMAC as requesting parties shall provide the Emergency Management Division with the information set forth in Article III, Paragraph F. The division shall then assess its database of available and relevant resources; contact other participating governments or mobilize state assets for assistance; and coordinate the mobilization of assistance under this agreement. Neither the Emergency Management Division nor the State of Michigan shall be responsible for any reimbursement or compensation costs associated with coordinating or facilitating such requests for assistance between or among participating governments, unless the Emergency Management Division is the requesting party on behalf of the State of Michigan. In all cases, the party receiving assistance shall be responsible for the costs incurred by any assisting party rendering aid under this agreement. B. Local/Regional Mutual Aid or Reciprocal Aid Compacts and Agreements: Participating governments may, when faced with an emergency, disaster or other serious threat to public health and safety, invoke other, local or regional mutual aid or reciprocal aid compacts or agreements in lieu of, prior to, or in addition to, invoking MEMAC. Neither participation in nor requests for assistance under MEMAC shall preclude, supersede or negate the activation or the fulfillment of the terms of any local or regional mutual aid or reciprocal aid compacts and agreements. Page 6 of 35 C. The State as Requesting Party: The state director of emergency management may, with the approval of the governor, invoke MEMAC as the requesting party on behalf of the State of Michigan when: the director believes and the governor concurs that the threat or actual occurrence of an emergency, disaster or other serious threat to public health and safety is so severe or widespread that it significantly affects the safety and welfare of the people of the State of Michigan; the governor has issued or is expected to issue a declaration of a state of emergency or disaster for the affected jurisdiction(s); and the combined resources of the affected jurisdiction(s) and the state would be exhausted, overwhelmed or inadequate to respond to the event without additional assistance from other participating governments. The director shall seek input from the Emergency Management Division and its district coordinators assigned in the affected area(s) in determining whether to invoke MEMAC on behalf of the state. The Emergency Management Division shall fulfill all the responsibilities pertaining to assessment, notification, organization, providing information and reimbursement on behalf of the state when the state is the requesting party under MEMAC. D. Rights and Privileges: The provisions of the Michigan Emergency Management Act (P.A. 390 of 1976 Sec.11 as amended; MCL 30.411) shall apply when the personnel, equipment or other resources of any participating government respond as an assisting party and provide emergency assistance outside their respective jurisdictions under any MEMAC request, for purposes of tort liability, immunity, authority, and worker's disability compensation. Sec. 11. (1) Personnel of disaster relief forces while on duty shall: (a) If they are an employee of the state, have the powers, duties, rights, privileges, and immunities of and receive the compensation incidental to their employment. (b) If they are employees of a county, municipality, or other governmental agency regardless of where serving, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment. (c) If they are not employees of the state, a county, municipality, or other governmental agency, be entitled to the same rights and immunities as are provided by law for the employees of the state. All personnel of disaster relief forces shall, while on duty, be subject to the operational control of the authority in charge of disaster relief activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses. Nothing in this agreement, including participation or non-participation by any eligible governmental entities, shall abrogate or supersede the powers and authority of the governor or state director of emergency management under MCL 30.401 et seq. to Page 7 of 35 provide direct state assistance (i.e., personnel, equipment or other resources), or to order local political subdivisions of the State of Michigan to provide mutual aid to affected areas outside their own respective jurisdictions, regardless of whether MEMAC has been activated. Neither shall it supersede or abrogate the powers and authority of the state fire marshal under MCL 419.201 et seq. or Executive Order No. 2003-18, to mobilize and require the assistance of fire departments outside their respective jurisdictions in the event of emergencies that affect the safety and welfare of the people of Michigan. However, it is the intent of MEMAC to enhance preparedness and response capabilities statewide through voluntary participation and advance planning by the State of Michigan and its political subdivisions, thereby reducing the need for the governor or state police director to exercise their compulsory powers related to mutual aid on an ad hoc emergency basis as authorized by law. E. No State, Division, or Signatory Liability: In no event shall the Emergency Management Division, the State of Michigan, or any signatory to this agreement be responsible for costs associated with emergency assistance under this agreement in the absence of appropriated funds or where such funding would be contrary to law. F. Required Information: Each request for assistance shall be accompanied by the following information, to the extent known: 1. A general description of the damage or harm sustained or threatened; 2. Identification of the emergency service function(s) for which assistance is needed (e.g. fire service, law enforcement, emergency medical services, transportation, search and rescue, communications, public works, engineering, building, inspection, planning and information assistance, mass care, resource support, public health, etc.), and the particular type of assistance needed; 3. The amount and type of personnel, equipment, materials, and supplies needed with a reasonable estimate of the length of time that each will be needed; 4. A proposed time and place for representatives of both the requesting and assisting parties to coordinate their activities and resources. This information may be provided on the Assistance Request Form attached to this agreement as "Attachment B". The Emergency Management Division may subsequently and occasionally revise the format of "Attachment B" as needed. In that case, the division shall distribute copies of the revised form to all participating governments. Page 8 of 35 G. Duty to Assess Availability of Resources and Render Assistance: When contacted by the Emergency Management Division, the authorized representative(s) of any participating government shall assess their own situation to determine available personnel, equipment and other appropriate resources. It shall be the duty of each participating government to render all reasonably available assistance when requested under this agreement to the fullest extent possible and as expeditiously as possible. However, a participating government may withhold, decline or refuse to provide any or all requested assistance even if available if such compliance would unreasonably jeopardize public health and safety, security or emergency response capabilities in its own jurisdiction. In such a case, an authorized representative of the participating government which has withheld or refused to provide requested assistance under MEMAC shall immediately notify the requesting party and the Emergency Management Division with an explanation, which shall be confirmed in writing to both the requesting party and the division within ten days. An authorized representative of a participating government that agrees to provide assistance upon request under this agreement shall immediately communicate that assent and the information set forth in this Article III, Paragraph G below, to the extent known, to the Emergency Management Division by any means practicable. If the information is being provided in written form see Article III, Paragraph L for written acknowledgement guidelines. 1. A complete description of the personnel, equipment, and other resources to be furnished to the requesting party; 2. The estimated length of time that each of the personnel, equipment, and other resources will be available; 3. The areas of experience, training, and abilities of the personnel and the capability of the equipment to be furnished; 4. The name of the person or persons to be designated as supervisory personnel; and 5. The estimated time when each type of the assistance to be provided will arrive at the location designated by the requesting party. H. Standardized Incident Command System Required: All participating governments involved in MEMAC shall operate during exercises or actual activation pursuant to a standardized incident command system or unified command system (also known as incident management system) as currently endorsed and adopted by Page 9 of 35 the U.S. Fire Administration (USFA). Adoption of any alternate incident command system must be endorsed by a majority vote of a joint inter-service committee of public safety officials representing law enforcement, fire service, emergency medical service and emergency management, convened and chaired by the director of the Emergency Management Division. I. Supervision and Control: The personnel, equipment, and resources of any assisting party shall come and remain under the operational control of the incident commander from the time of arrival at the designated location for staging or response. Designated supervisory personnel of each assisting party shall retain direct supervision and control of their own personnel, equipment, and other resources. The incident commander shall assign work tasks to the supervisory personnel of each assisting party, who shall in turn assign work tasks and establish work schedules for their own personnel. In the event that two or more assisting parties combine to provide multijurisdictional teams or task forces according to their preexisting local or regional mutual aid compacts and operations, the supervisor(s) designated by the constituent jurisdictions shall exercise normal supervision and control of the team or task force as if it was an assisting party from a single jurisdiction. Supervisory personnel of each assisting party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources they have furnished; and report work progress to the incident commander through appropriate channels. The personnel, equipment and other resources of any assisting party may be recalled to respond to emergencies, disasters or other serious threats to public health and safety within their own respective jurisdictions at any time, In such an event, the assisting parties being recalled shall, if possible, provide at least twenty- four hours' advance notice to the incident commander and the Emergency Management Division; otherwise, such notice shall be provided as soon as practicable. When providers such as Emergency Medical Services, that require medical control supervision, render pre-hospital emergency medical care outside of their region under a MEMAC request they will operate under the authority of their own existing Medical Control Authority. J. Food, Housing, & Self -Sufficiency. Absent specific instructions or agreements to the contrary, the requesting party is ultimately responsible for providing safe and adequate food and housing for all assisting personnel during the entire period of assistance. However, recognizing that disasters and emergencies place Page 10 of 35 extraordinary demands and limitations on local resources and disrupt vital facilities and services in the stricken areas, it is expected that assisting parties should be self- sufficient to the extent possible. A requesting party may even specify that it will accept assistance only from assisting parties with self-sufficient personnel and resources. K. Communications: Absent specific instructions or agreements to the contrary, the requesting party shall have the ultimate responsibility for coordinating communications among the personnel of the requesting and assisting parties. However, personnel, units, teams or task forces from each assisting party should be prepared to bring or obtain sufficient equipment for their own operations and communications needs. L. Written Acknowledgement: Assisting parties shall respond to requests for assistance under this agreement by providing written acknowledgement to the requesting party and the Emergency Management Division as soon as practicable of the assistance to be rendered. This information may be provided on the Assistance Confirmation form attached to this agreement as "Attachment C". The Emergency Management Division may subsequently and occasionally revise the format of "Attachment C" as needed. In that case, the division shall distribute copies of the revised form to all participating governments. ARTICLE IV: REIMBURSEMENT The terms and conditions governing reimbursement for any assistance provided under this agreement shall be in accordance with the following provisions, unless otherwise mutually agreed upon in writing by the requesting and assisting parties. Nothing in this agreement, nor the activation of the provisions of this agreement, precludes the chief executive official of a participating government from requesting, through the Emergency Management Division, state and/or federal assistance, and/or the issuance of a gubernatorial or presidential declaration of emergency or disaster, according to the provisions of the Michigan Emergency Management Act and the federal Disaster Relief Act of 1974 (known as the Robert T. Stafford Act—Public Law 93-288,88 Stat. 143), as amended by the Disaster Mitigation Act of 2000. A. Personnel: During the period of assistance, each assisting party shall continue to pay its employees according to its then prevailing ordinances, rules, contracts and regulations. The requesting party shall reimburse each assisting party for all direct and indirect payroll costs and expenses (including travel expenses) incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). Page 11 of 35 B. Equipment: The requesting party is obligated to reimburse each assisting party for the use of its equipment during the period of assistance according to either a pre- established local or state hourly rate or the current Schedule of Equipment Rates published by the Federal Emergency Management Agency (FEMA). See "Attachment D" for the current Schedule of Equipment Rates published by FEMA. For those instances in which costs are reimbursed by FEMA, the eligible direct costs shall be determined in accordance with 44 Code of Federal Regulations (CFR) 206.228. Each assisting party shall pay for all repairs to its own equipment as deemed necessary by its on-site supervisor(s) in order to maintain the equipment in safe operating condition. If practical, the requesting party may, upon request, provide fuel, miscellaneous supplies and minor repairs to assisting parties. The total equipment charges invoiced to the requesting party for reimbursement shall be reduced by the total value of fuel, supplies and repairs furnished by the requesting party, as well as by the amount of any insurance proceeds covering the damaged assets received by the assisting party as the result of covered losses from the event. C. Materials and Supplies: The requesting party shall reimburse each assisting party for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor, and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness on the part of the assisting party involved. All assisting personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies they use during their response. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228. As an alternative, the parties may agree that the requesting party will replace used or damaged materials and supplies with like kind and quality as acceptable to the assisting party. D. Record Keeping: Each assisting party shall maintain records and submit invoices for reimbursement by the requesting party using the format used or required by FEMA publications, including 44 CFR Part 13, and applicable Office of Management and Budget (OMB) Circulars. Finance staff from both the requesting party and Emergency Management Division shall provide each assisting party with necessary information, directions and assistance for proper record keeping. In the event that the Emergency Management Division is invoiced as the requesting party on behalf of the state of Michigan under this agreement, all required documentation shall be provided to the division in accordance with the Michigan Emergency Management Act and the applicable administrative regulations. Page 12 of 35 E. Payment: Unless otherwise mutually agreed upon in writing by the requesting and assisting parties, each assisting party shall bill the requesting party for all reimbursable expenses with an itemized invoice as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 CFR Part 206. The requesting party shall pay the invoice, or notify the billing party of any disputed items, as soon as practical. These time limits may be modified by mutual agreement. The Emergency Management Division shall provide reimbursement for authorized expenses upon authorization from FEMA in the event of a presidential disaster declaration with public assistance provisions, or from the state disaster contingency fund under the provisions of MCL 30.419, or under such other law as may be applicable. ARTICLE V: ARBITRATION OF DISPUTES REGARDING REIMBURSEMENT Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved in the following manner: 1. The party asserting noncompliance shall serve written notice to the other party or parties. The notice shall identify the specific compact provision alleged to have been violated and shall specify the factual and legal basis for the alleged noncompliance. Representatives of both parties shall therefore meet within 30 days in an effort to resolve the dispute. 2. In the event the controversy or claim is not resolved to the satisfaction of both parties within 90 days after service of the notice set forth in Section 1, either party may request that the controversy or claim be resolved through arbitration. Any arbitration under this provision shall be conducted under the commercial arbitration rules of the American Arbitration Association. 3. All parties shall bear their own costs of arbitration and attorney fees. 4. Nothing herein shall be construed to waive, limit or restrict any defense that is otherwise available to either party. ARTICLE VI: INSURANCE Each requesting and assisting party operating under this agreement shall bear the risk of its own actions as it would with normal, day-to-day operations, and determine for itself what kinds and amounts of insurance it should carry. The amount of reimbursement from any requesting party, or from any authorized state or federal Page 13 of 35 disaster relief funds, shall be reduced by the amount of any insurance proceeds covering the damaged assets that the requesting or assisting party collects as a result of losses experienced in rendering assistance pursuant to this agreement. ARTICLE VII: LIABILITY Requesting agencies shall not be responsible for the liability or the defense of the employees, volunteers, agents, and subcontractors, of the assisting parties. ARTICLE VIII: LENGTH OF TIME FOR ACTIVATION UNDER MEMAC Once a participating government has agreed and mobilized to respond as an assisting party under this agreement, the activation period may be terminated at any time by the requesting party if it is deemed that the threat or harm has subsided or outside resources and assistance are no longer needed. Otherwise, the period of obligation for assistance shall terminate no later than seven days after the initial activation regardless of whether there is a local or gubernatorial declaration of emergency or disaster, unless there is mutual agreement between or among the requesting and assisting parties to continue the activation for a specific number of days. ARTICLE IX: SUPPLEMENTARY AGREEMENTS/ANNEXES Specialized disciplines (e.g., fire service, EMS, HazMat response, etc.) may consider it necessary to develop supplementary agreements or annexes to MEMAC with more detailed plans or guidance for their response operations. Upon request, the Emergency Management Division shall convene and coordinate committees involving appropriate selected representatives from the discipline(s) involved to develop and promulgate such annexes or supplementary agreements. All jurisdictions should note that when operating under an other than MEMAC mutual aid or reciprocal aid compact or agreement and it does not require the requesting parties to reimburse assisting parties, then the parties involved risk becoming ineligible for reimbursement from disaster relief or public assistance funds of the State of Michigan or federal government in the event of a gubernatorial and/or presidential disaster declaration. Also note that participating governments involved in MEMAC activation as assisting parties also risk becoming ineligible for reimbursement from disaster relief or public assistance funds of the State of Michigan or federal government if they make supplementary agreements in advance between or among themselves to waive reimbursement as required by this agreement. ARTICLE X: TERM OF AGREEMENT AND PROCESS FOR WITHDRAWAL This agreement shall be in effect for each participating government unless terminated Page 14 of 35 by advance written notice. Notice of termination or withdrawal from this agreement shall be made in writing and shall be served personally or by registered mail upon the director of the Emergency Management Division. Termination or withdrawal shall not be effective until thirty (30) days after the Emergency Management Division has received written notice. The termination or withdrawal from the agreement shall apply only to the participating government that has tendered the required notice; this agreement shall otherwise remain in full force and effect as to all other parties. ARTICLE XI: IMPLEMENTATION OF MEMAC This agreement shall become operative immediately upon its execution by any two eligible governmental entities, one of which may include the Emergency Management Division on behalf of the State of Michigan. It shall become effective for each successive signatory upon its execution by that political subdivision and receipt of the required legal documents by the Emergency Management Division, with no other actions required of any of the other participating governments. ARTICLE XII: ROLE AND RESPONSIBILITIES OF THE EMERGENCY MANAGEMENT DIVISION The role and responsibilities of the Emergency Management Division pertaining to MEMAC are to: administer and implement MEMAC; coordinate all exercises, planning and activation pertaining to MEMAC; maintain and update files or databases of participating governments and relevant documents; gather data pertaining to the relevant personnel, training, skills, equipment and other resources available from participating governments and serve as the central repository for files or databases of those resources; and fulfill the duties of notification, reimbursement, etc. when the State of Michigan is the requesting party under MEMAC. Nothing in this agreement herein shall be construed to limit the division from otherwise performing such duties and responsibilities as it may have under MCL 30.401 et seq. ARTICLE XIII: SEVERABILITY; EFFECT ON OTHER AGREEMENTS Should a court of competent jurisdiction rule any portion, section, or subsection of this agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection. All remaining portions and sections of this agreement not invalidated or nullified by a court ruling shall remain in full force and effect. This agreement shall not be construed so as to make any other agreement, arrangement or contract, other than this agreement itself, binding on any parties to this agreement. Page 15 of 35 a ARTICLE XIV: AMENDMENTS AND REVISIONS Except as otherwise specified within this agreement, notice of any amendments or revisions of MEMAC must be made in writing to all participating governments by the Emergency Management Division, and shall only take effect for each participating government upon its acceptance and execution of an amended instrument promulgated by the division. Nothing in this section shall be construed so as to prevent or restrict participating governments from making bilateral or multilateral agreements among themselves regarding matters where such agreements are specifically authorized or contemplated by pertinent sections of this agreement. ARTICLE XV: PARTICIPATION IN EMAC The State of Michigan is currently a participating member in the interstate Emergency Management Assistance Compact (EMAC) according to the provisions of MCL 3.991 et seq. In cases where the State of Michigan has received a request and agreed to provide assistance to another state, province or territory under EMAC, but lacks the particular personnel, equipment or other resources necessary, the state director of emergency management may, with the approval of the governor, invoke MEMAC with the state as requesting party in order to solicit assistance from other participating governments to respond as state assets outside the State of Michigan under EMAC. Such assistance under EMAC shall be completely voluntary on the part of local participating governments. Personnel, equipment and other resources of assisting parties responding outside Michigan through the concurrent activation of MEMAC and EMAC shall be considered as state assets for the purposes of liability, immunity and worker's compensation. The State of Michigan shall also be responsible for reimbursement of costs to assisting parties according to the provisions of MEMAC. Assisting parties from local participating governments responding on behalf of the State of Michigan shall not be activated outside the state longer than seven days except by mutual agreement between the assisting parties and the state director of emergency management upon request from the affected EMAC jurisdiction. Nothing herein shall be deemed to constitute either an obligation of future appropriations or a pledge of the credit of the State of Michigan or signatory to this agreement. Page 16 of 35 Chair, Oakland County Board of Commissioners S t ( t Date: \ k Title: Signature: Printed Name: Title: Signature: JJki 1-(// A L Date: IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: For Jurisdiction of: Printed Name: Oakland County, Michigan Bill Bullard, Jr. Attest: Printed Name: Title: Signature: , \ C„, Date: .k(/c Approved As To Form By Attorney For Signatory: Page 17 of 35 Robert Daddow Deputy County Executive Attachment A AUTHORIZED REPRESENTATIVES CONTACT INFORMATION Michigan Emergency Management Assistance Compact Date: 1/9/06 Name of Governmental Entity: Mailing Address: City, State, Zip Code: Oakland County 1200 N Telegraph Pontiac, MI 48341-0410 Primary Representative: L. Brooks Patterson Title: County Executive 24 hour Phone: 248 -858 -5300 E-mail Address: 1200 N Telegraph, Pontiac, MI 48341 Day Phone: 248-858-80484 Night Phone: 248-858-5300 Pager: Fax: 248-452-9215 1 St Alternate Name: Title: 24 hour Phone: 248 -858 -5300 E -mail daddowr@co.oakland.mi.us Address: Day Phone: 248-8581650 Night Phone: 248-858-5300 Pager: Fax: 248-452-9215 2 nd Alternate Name: Michael Sturm Title: Administrator, Emergency Response and Preparedness 24 hour Phone: 248-858-5300 E-mail sturmm@co.oakland.mi.us Address: 1200 N Telegraph, Pontiac, MI 48341 Day Phone: 248-452-9578 Night Phone: 248-858-5300 Pager: Fax: 248-858-5550 Page 18 of 35 1200 N Telegrpaph, Pontiac, MI 48341 Attachment B ICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT (MEMAC ASSISTANCE REQUEST FORM TO BE COMPLETED BY THE REQUESTING AGENCY Type or print all information except signatures _ Date: Time: From the Political Subdivision of: _ Contact Person: Telephone: FAX: : ( ) ( ) Incident Requiring Assistance: General Description of the Damage Sustained: Type of Assistance/Resources Needed: Date & Time Resources Are Needed: Incident Base Location: Approximate Return Date/Time for Resources: Title: Agency: Authorized Official's Name: Authorized Official's Signature: Page 19 of 35 Attachment C MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT (MEMAC) ASSISTANCE CONFIRMATION FORM TO BE COMPLETED BY THE ASSISTING AGENCY Type or print all information except signatures Contact Person: Telephone: FAX: ( ) Type of Assistance Available: Date & Time Resources Available: From: I To: Logistics Required From Requesting Agency: Date: - Time: From the Political Subdivision of: Title: Agency: Authorized Official's Name: Authorized Official's Signature: Page 20 of 35 • • Attachment D SCHEDULE OF EQUIPMENT RATES FEDERAL EMERGENCY MANAGEMENT AGENCY RESPONSE AND RECOVERY DIRECTORATE INFRASTRUCTURE DIVISION WASHINGTON, D.C. 20472 The rates on this Schedule of Equipment Rates are for applicant-owned equipment in good mechanical condition, complete with all required attachments. Each rate covers all costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fuel, lubricants, tires, OSHA equipment and other costs incident to operation. Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR § 206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR § 206.206 Appeals. _ Cost Equipment Capacity/Size HP Notes Unit Rate Code Aerial Lift, Self- Articulated, 8490 Propelled 37 Ft to 15 Telescoping, Scissor. hour $4.00 Aerial Lift, Self- Articulated, 8491 Propelled 60 Ft to 30 Telescoping, Scissor. hour $11.00 Aerial Lift, Self- Articulated, 8492 Propelled 70 Ft to 50 Telescoping, Scissor. hour $20.50 Aerial Lift, Self- Articulated and 8493 Propelled 125 Ft to 85 Telescoping. hour $37.00 Aerial Lift, Self- I Articulated and 1 8494 Propelled 150 Ft to 130 Telescoping. hour $58.00 Aerial Lift, Truck Articulated and 8486 Mntd 25 Ft Telescoping. hour $5.30 Aerial Lift, Truck Articulated and 8487 Mntd 50 Ft Telescoping. hour $8.90 Aerial Lift, Truck Articulated and 8488 Mntd 75 Ft Telescoping. hour $19.00 Aerial Lift, Truck Articulated and 8489 Mntd 100 Ft Telescoping. hour $36.00 8010 1 Air Compressor 41 CFM _ to 10 Hoses included. hour $1.50 8011 Air Compressor 103 CFM to 30 Hoses included. hour $4.10 8012 Air Compressor 130 CFM to 50 Hoses included. hour $6.70 8013 Air Compressor 175 CFM to 90 Hoses included. hour $11.75 8014 Air Compressor 400 CFM to 145 Hoses included. hour $18.50 8015 Air Compressor 575 CFM to 230 Hoses included. hour $29.00 8016 Air Compressor 1100 CFM to 355 Hoses included. hour $43.00 , Page 21 of 35 8017 Air Compressor 1600 CFM to 500 I Hoses included. hour $58.00 8020 Air Curtain Burner to 50 In ground burner. hour $5.40 8021 Air Curtain Burner to 75 In ground burner. hour $6.10 8022 Air Curtain Burner to 100 In ground burner. hour $6.90 8023 Air Curtain Burner to 50 Above ground burner. hour $7.30 8024 Air Curtain Burner to 75 Above ground burner. hour $9.70 8025 Air Curtain Burner to 100 Above ground burner. hour $12.75 8040 Ambulance to 150 hour $16.50 8041 Ambulance to 210 hour $25.00 8060 Auger, Portable 161n to 6 hour $1.10 8061 Auger, Portable 181n to 13 hour $2.50 Auger, Tractor Includes digger, boom 8062 Mntd 361n to 13 & mounting hardware hour $1.75 8063 Auger, Truck Mntd 24 In to 100 Guardrail post driver. hour $25.00 8070 Automobile to 130 Transporting People. mile $0.37 8071 Automobile to 130 Transporting cargo hour $7.60 ' 8072 Automobile, Police to 250 Patrolling. mile $0.41 Stationary with 8073 Automobile, Police to 250 engine running. hour $11.00 8110 Barge, Deck 120'x30x7.25' hour $24.50 8111 Barge, Deck 120x45'x7 hour $38.00 8112 Barge, Deck 140'x45'x7' hour $51.00 8113 Barge, Deck 150'x45'x9' hour $60.00 8115 Barge, Ho• •er 200'x35'x12' Osen • • '. 4 I I _ 8116 Barge, Hopper 200'x35'x12' Closed our $52.00 8050 Board, Arrow to 8 Trailer Mounted. hour $2.80 8051 Board, Messa•e to 5 Trailer Mounted. hour $8.40 r 8133 Boat, Push 45'x21'x6' to 435 Flat hull. hour $128.00 8134 Boat, Push 54'x21'x6' to 525 Flat hi____ 8135 Boat, Push 58'x24'x7.5' to 705 Flat hull. hour $176.00 8136 Boat, Push 64'x25'x8' to 870 Flat hull. hour $206.0 8130 Boat, Row Heavy di*. hour $0.8 8131 Boat, Runabout 13'x5' to 50 Outboard. hour $9.30 Inboard with 360 8132 Boat, Tender 14'x7' to 100 degree drive. hour $20.50 8120 Boat, Tow 55'x20'x5' to 870 Steel. hour $157.00 8121 Boat, Tow _ 60'x21'x5' to 1050 Steel. hour $248.00 8122 Boat, Tow 70'x30 1x7.5' to 1350 Steel. hour $369.00 8123 Boat, Tow 120'x34'x8' , to 2000 Steel, hour $559.00 8140 Boat, Tug 16 Ft to 100 hour $23.00 8141 Boat, Tug 18 Ft to 175 hour $35.00 8142 Boat, Tug 26 Ft to 250 hour $44.00 8143 Boat, Tug I 40 Ft ' to 380 hour $109.00 8144 Boat, Tug 51 Ft to 700 hour $153.0Q. 8420 Breaker, Pavement to 70 hour $25.50 8421 Breaker, Pavement to 105 hour $34.00 8422 Breaker, Pavement to 137 hour $42.00 8150 Broom, Pavement 72 In to 20 hour $7.80 8151 Broom, Pavement 84 1n to 45 hour $11.75 Page 22 of 35 0 60.00 Crane 8 MT $25.50 Crane 15 MT $38.00 8230 I Compactor, towed 8500 8501 I hour hour hour to 100 to 80 to 150 8152 Broom, Pavement 96 In to 100 hour $14.50 Broom, Pavement, 8153 Mntd 721n to 18 , hour $5.50 8154 Broom, Pavement, Pull 84 In to 20 hour $7.50 8270 Bucket, Clamshell 1.0 CY Includes teeth. hour $4.00 _8271 Bucket, Clamshell 2.5 CY Includes teeth. hour $7.10 8272 Bucket, Clamshell 5.0 CY Includes teeth. hour $11.75 8273 Bucket, Clamshell 7.5 CY Includes teeth. hour $16.00 8275 Bucket, Dragline 2.0 CY hour $3.25 8276 Bucket, Dragline 5.0 CY hour $6.80 8277 Bucket, Dragline 10 CY hour I $11.25 8278 Bucket, Dragline 14 CY hour $13.25 8180 Bus to 150 hour $11.50 8181 Bus to 210 hour $17.75 8182 Bus to 300 hour $24.00 8190 Chain Saw 16 In hour $1.25 8191 Chain Saw 25 In hour $2.45 8192 Chain Saw, Pole 18 In hour $1.65 8200 Chipper, Brush 6 In to 35 Trailer Mounted. hour $10.75 8201 Chipper, Brush 12 In to 65 Trailer Mounted. hour $14.25 8202 Chipper, Brush 16 In to 100 Trailer Mounted. hour $18.25 1 8203 Chipper, Brush 18 In to 125 Trailer Mounted. hour $21.50 8204 Chipper, Brush 18In to 200 Trailer Mounted. hour $31.00 8205 Chipper, Brush 19 In to 300 Trailer Mounted. hour $45.00 8206 Chipper, Brush 19 In to 450 Trailer Mounted. hour $68.00 8207 Chipper, Brush to 650 Trailer Mounted. hour , $103.00 8210 Clamshell & Dragline , to 100 Bucket not included. hour $64.00 8211 Clamshell & Dragline I to 155 Bucket not included. hour $86.00 8212 Clamshell & Dragline to 235 Bucket not included. hour $117.00 8213 Clamshell & Dragline to 350 Bucket not included. hour $159.00 8214 Clamshell & Dragline to 530 Bucket not included. hour $221.00 8215 Clamshell & Dragline j to 800 Bucket not included. hour $305.00 Cleaner, I 8712 Sewer/Catch Basin I 5 CY Truck Mounted. hour $17.25 Cleaner, _ 8713 Sewer/Catch Basin 14 CY Truck Mounted. hour $22.00 8220 Compactor to 10 hour $7,90 8221 Compactor to 45 hour $13.75 8222 Compactor to 75 hour $19.75 8223 Compactor to 95 ! hour $24.00 8224 Compactor to 150 hour $38.00 r 8225 Compactor to 235 hour $63.00 8226 Compactor to 335 hour $101.00 8227 Compactor to 535 hour $200.00 8228 Compactor, towed to 15 hour $14.00 8229 Compactor, towed to 50 hour $35.00 Page 23 of 35 • 8502 Crane 27 MT to 200 hour $58.00 8503 Crane 45 MT to 300 , hour $87.00 _ 8504 Crane 70 MT to 350 hour $126.00 8505 Crane 110 MT to 450 hour $182.00 8496 Crane, Truck Mntd 17600 Lbs hour $22.00 _ 8497 Crane, Truck Mntd 33000 Lbs hour $32.00 8498 Crane, Truck Mntd 60000 Lbs hour $49.00 8499 i Crane, Truck Mntd 120000 Lbs hour $86.00 8195 Cutter, Brush 8 ft to 150 $69.00 8196 Cutter, Brush 8 ft to 190 $76.00 8197 Cutter, Brush 10 ft to 245 $85.00 - Derrick, Hydraulic Includes hydraulic pole 8670 Digger 55 Ft alignment attachment. hour $32.00 Derrick, Hydraulic , Includes hydraulic pole 8671 Digger I 75 Ft alignment attachment. hour $34.00 Derrick, Hydraulic , Includes hydraulic pole 8672 Digger I 95 Ft alignment attachment. hour $36.00 Truck Mounted. Includes burners, insulated tank, and 8580 Distributor, Asphalt 500 Gal circulating spray bar. hour $9.50 Truck Mounted. Includes burners, insulated tank, and _ 8581 , Distributor, Asphalt 1000 Gal circulating spray bar. hour $14.00 8250 j Dozer, Crawler to 65 hour $26.50 8251 Dozer, Crawler to 105 hour $34.00 8252 Dozer, Crawler to 160 - ... hour $46.00 _ - , 8253 Dozer, Crawler to 245 hour $67.00 8254 Dozer, Crawler to 375 hour $104.00 8255 Dozer, Crawler to 565 hour $171.00 8256 Dozer, Crawler to 850 hour $298.00 8260 Dozer, Wheel to 260 hour $44.00 8261 Dozer, Wheel to 335 ' hour $52.00 8262 Dozer, Wheel ' to 445 , hour $66.00 , 8263 Dozer, Wheel to 615 hour $96.00 Excavator, Crawler, Truck & Wheel. 8280 Hydraulic 0.5 CY to 45 Includes bucket. hour $19.50 Excavator, Crawler, Truck & Wheel. 8281 Hydraulic 1.0 CY to 90 Includes bucket. hour $33.00 Excavator, Crawler, Truck & Wheel. _ 8282 Hydraulic 1.5 CY to 160 Includes bucket. hour 1 $55.00 Excavator, Crawler, Truck & Wheel. 8283 Hydraulic 2.5 CY to 265 Includes bucket. hour $88.00 Excavator, Crawler, Truck & Wheel. 8284 Hydraulic 4.5 CY to 420 Includes bucket. hour $138.00 . Excavator, Crawler, Truck & Wheel. 8285 Hydraulic 7.5 CY to 650 Includes bucket. hour $215.00 I Excavator, Crawler, Truck & Wheel, 8286 Hydraulic 12 CY , to 1000 I Includes bucket. hour $338.00 Page 24 of 35 8240 Feeder, Grizzly to 35 hour $18.75 8241 Feeder, Grizzly to 55 hour $28.50 8242 Feeder, Grizzly to 75 hour $45.00 8300 Fork Lift 6000 Lbs to 60 hour $7.80 8301 Fork Lift 12000 Lbs to 90 hour $11.00 8302 Fork Lift 18000 Lbs to 140 hour $18.25 8303 Fork Lift 50000 Lbs to 215 hour $33.00 8310 Generator 5.5 KW to 10 hour $2.65 8311 Generator 16 KW to 25 hour $5.90 8312 Generator 43 KW to 65 hour $12.50 _ 8313 Generator 85 KW to 125 hour $18.25 _ 8314 Generator 140 KW to 200 hour $25.50 8315 Generator 210 KW to 300 hour $36.00 8316 Generator 280 KW to 400 hour $46.00 8317 Generator 350 KW to 500 hour $56.00 8318 Generator 530 KW to 750 hour $82.00 8319 Generator 710 KW to 1000 hour $109.00 8320 Generator 1100 KW to 1500 hour $166.00 8321 Generator 1500 KW to 2000 hour $226.00 8322 Generator 1900 KW to 2500 hour $280.00 8323 Generator 2400 KW to 3000 hour $335.00 8755 Golf Cart 2 person hour $2.15 Includes Rigid and 8330 Graders 8 Ft to 50 Articulate equipment. hour $20.50 Includes Rigid and 8331 Graders 10 Ft to 100 Articulate equipment hour $27.00 Includes Rigid and 8332 Graders 12 Ft to 150 Articulate equipment. hour $35.00 Includes Rigid and 8333 Graders 14 Ft to 225 Articulate equipment, I hour $49.00 8350 Hose, Discharge 3 In Per 25 foot length. Includes couplings. hour $0.15 8351 Hose, Discharge 4 In Per 25 foot leneth. Includes couplin_gs. _ hour $0.20 8352 Hose, Discharge 6 In Per 25 foot length. Includes couplings. hour $0.35 8353 Hose, Dischar• e 8 In Per 25 foot len ttl_lr iHns. hour $0.55 8354 Hose, Discharge 12 In Per 25 foot length. Includes couplings. hour $1.10 8355 Hose, Discharge 16 In Per 25 foot length. Includes couplings. hour $1.85 8356 Hose, Suction 3 In Per 25 foot length. Includes couplings. hour $0.20 8357 Hose, Suction 4 In Per 25 foot length. Includes couplings. hour $0.30 8358 Hose, Suction 6 In Per 25 foot length. Includes couplings. hour $0.50 8359 Hose, Suction 8 in Per 25 foot length. Includes couplings. hour $0.80 , 8360 , Hose, Suction 12 in Per 25 foot length. Includes couplings. hour $1.75 ' 8361 Hose, Suction I 16 In , Per 25 foot length. Includes couplings. hour $3.10 8517 Jackhammer (Dry) 25-45 Lbs hour $1.05 ,.... 8518 Jackhammer (Wet) 30-55 Lbs hour $1.20 8380 Loader, Crawler 0.5 CY to 32 Includes bucket. hour $11.75 _ 8381 Loader, Crawler 1 CY to 60 Includes bucket. - hour $20.50 8382 Loader, Crawler 2 CY to 118 Includes bucket._ hour $40.00 8383 _ Loader, Crawler 3 CY to 178 Includes bucket. hour $63.00 , 8384 Loader, Crawler 4 CY to 238 Includes bucket. hour $88.00 Page 25 of 35 8385 Loader, Crawler 5 CY to 300 Includes bucket. hour $118.00 8540 Loader, Skid-Steer 1000 Lbs to 35 hour $10.50 , 8541 Loader, Skid-Steer , 2000 Lbs to 65 hour $14.25 4 8542 Loader, Skid-Steer 3000 Lbs to 85 hour $16.00 1 8543 Loader, Skid-Steer I 4000 Lbs to 94 hour $16.50 8401 Loader, Tractor, Wheel to 81 hour $14.25 8390 Loader, Wheel 0.5 CY to 38 hour $11.25 8391 Loader, Wheel 1 CY to 60 hour S14.0Q_ 8392 Loader, Wheel 2 CY to 105 hour 1 $20.50 8393 Loader, Wheel 3 CY to 152 hour $27.50 _ 8394 Loader, Wheel j 4 CY to 200 hour $35.00 8395 Loader, Wheel 5 CY to 250 hour $43.00 8396 Loader, Wheel 6 CY to 305 hour $53.00_ 8397 Loader, Wheel 7 CY to 360 hour $64.00 8398 Loader, Wheel 8 CY to 415 ' hour $75.00 8399 Loader, Wheel 9 CY to 470 hour $86.00 1 8400 Loader, Wheel 10 CY to 530 hour $100.00 Loader-Backhoe, Loader and Backhoe 8570 Wheel 0.5 CY to 40 Buckets included. hour $10.50 Loader-Backhoe, Loader and Backhoe 8571 Wheel 1 CY to 70 Buckets included. hour $16.00 Loader-Backhoe, Loader and Backhoe 8572 Wheel 1.5 CY to 95 Buckets included. hour $23.00 Loader-Backhoe, Loader and Backhoe 8573 Wheel 1.75 CY to 115 Buckets included. hour $30.00 Mixer, Concrete 8410 Portable 10 Oft hour $2.50 1 Mixer, Concrete 8411 Portable 16 Cft hour $3.75 ! Mixer, Concrete, 8412 Trailer Mntd 11 Cft to 10 hour Mixer, Concrete, 8413 Trailer Mntd 16 Cft to 25 hour $13.25 8075 Motorcycle, Police mile $0.29 8633 Mulcher, Trailer Mntd 7 TPH to 35 hour $7.90 8634 Mulcher, Trailer Mntd 10 TPH to 55 hour $11.50 8635 Mulcher, Trailer Mntd 20 TPH to 120 hour $16.75 Includes wheel and 8430 Paver, Asphalt to 50 crawler equipment. hour $37.00 Includes wheel and 8431 Paver, As shalt to 75 crawler es ui•ment. 0 r • .11 , Includes wheel and 8432 Paver, Asphalt to 125 crawler equipment. hour $88.00 Includes wheel and 8433 Paver, Asphalt to 175 crawler esuiement. is . I I Includes wheel and 8434 Paver, Asphalt to 250 crawler e uisment. IIi.iuiMII 8436 Pick-us, Asehalt to110 MINgini , 8437 Pick-up, Asphalt to 150 MUM! Page 26 of 35 8438 Pick-up, Asphalt to 200 $97.00 8439 Pick-up, Asphalt to 275 $135.00 8660 Plow, Cable 18 in to 30 $7.50 8661 Plow, Cable 361n to 65 $15.75 1 8662 Plow, Cable 48 in I to 110 , $25.00 - 8450 Plow, Grader Mntd to 10 Ft hour $18.50 8451 Plow, Grader Mntd to 14 Ft hour $25.00 8452 Plow, Truck Mntd to 15 Ft hour $13.50 8453 Plow, Truck Mntd to 15 Ft With leveling wing. hour $20.00 8470 Pump to 3 Hoses not included. hour $2.55 8471 Pump to 6 Hoses not inciuded. hour $3.30 8472 Pump to 10 Hoses not included. hour $4.25 8473 Pump to 15 Hoses not included. hour $5.40 8474 Pump to 25 Hoses not included. hour $7.60 8475 Pump to 40 Hoses not included. hour $10.75 8476 Pump to 60 Hoses not included. hour $14.75 8477 Pump to 95 Hoses not included. hour $20.50 8478 Pump to 140 Hoses not included. hour $26.50 8479 Pump to 200 Hoses not included. hour $31.00 8463 Pump Extender 20 Ft hour $1.20 8460 Puma, W/O Power 6 In hour $2.25 _ 8461 Pump, W/O Power 12 In , hour $2.95 8462 Pump, W/O Power 24 In hour $7,00 8510 Saw, Concrete 14 In to 14 hour $4.00 8511 Saw, Concrete 26 In to 35 hour $9.10 8512 Saw, Concrete 481n to 65 hour $15.50 8513 Saw, Rock to 65 hour $25.00 8514 Saw, Rock j to 90 hour $33.00 8515 Saw, Rock to 120 hour $45.00 1 8520 Scraper 11 CY to175 i hour $71.00 1 8521 Scraper 16 CY to 250 hour $92.00 8522 Scraper 23 CY to 365 hour $120.00 8523 Scraper 34 CY to 475 hour $145.00 8524 i Scraper 44 CY to 600 hour $172.00 8560 Snow Blower 2,000 Tph to 400 hour $121.00 . 8561 Snow Blower 2,500 T.h to 500 hour 1134.00 8562 Snow Blower 3,500 Tph to 600 hour $153.00 Snow Blower, 8550 Truck Mntd 600 Tph to 75 hour $33.00 Snow Blower, 8551 Truck Mntd 1100 Tph to 150 hour $52.00 Snow Blower, 8552 Truck Mntd 1600 Tph to 250 hour $77.00 Snow Blower, 8553 Truck Mntd 2500 Tph to 400 hour $109.00 8630 Sprayer, Seed _ 750 Gal to 30 Trailer & truck mounted. hour $8.80 8631 Sprayer, Seed 1250 Gal to 50 Trailer & truck mounted. illitillt.ffr $11.00 8632 Sprayer, Seed 3500 Gal to 115 Trailer & truck mounted. hour $17.00 8458 S.reader, Chemical 5 CY to 4 Trailer & truck mounted. hour $3.65 Page 27 of 35 r) 8423 Spreader, Chip 12.5 Ft to 152 hour $40.00 8424 Spreader, Chip 16.5 Ft to 215 hour $53.00 Spreader, Chip, I Trailer & truck 8425 Mntd 8 Ft to 8 mounted. hour $2.85 8455 , Spreader, Sand Tailgate, Chassis hour $3.85 8456 Spreader, Sand Dump Body hour $5.50 , 8457 Spreader, Sand Truck (10yd) hour $7.70 , 8440 Striper 40 Gal to 22 hour $11.75 8441 Striper 90 Gal to 60 hour $16.75 8442 Striper 120 Gal to 122 hour $33.00 8445 Striper, Truck Mntd 120 Gal to 460 hour $51.00 , 8446 Striper, Walk-behind 12 Gal I hour $2.75 - 8157 Sweeper, Pavement to 110 hour $38.00 ' 8158 Sweeper, Pavement to 150 hour $43.00 , 8159 Sweeper, Pavement to 200 hour $50.00 , 8590 Trailer, Dump 20 CY Does not include Prime Mover. hour $16.75 8591 Trailer, Dump 30 CY Does not include Prime Mover. hour $25.50 8592 Trailer, Dump 40 CY Does not include Prime Mover. hour $34.00 8600 Trailer, Equipment 30 Tons hour $9.70 l 8601 Trailer, Equipment 40 Tons hour S11.25 8602 Trailer, Equipment 60 Tons hour i $13.50 8640 Trailer, Office 8' x 24' hour $1.55 8641 Trailer, Office 8' x 32' hour S1.85 8642 Trailer, Office 10' x 32' hour $2.30 Includes a centrifugal pump with sump and 8610 Trailer, Water 4000 Gal a rear spraybar. hour $10.50 Includes a centrifugal pump with sump and 8611 Trailer, Water 6000 Gal a rear spraybar. hour $12.25 Includes a centrifugal pump with sump and 8612 Trailer, Water 10000 Gal a rear spraybar. hour $15.25 Includes a centrifugal pump with sump and 8613 Trailer, Water 1 14000 Gal a rear sira bar. hour 18.50 1 1 Walk-behind, Crawler & Wheel Mounted. 8650 Trencher to 35 , Chain and Wheel. hour $11.75 Walk-behind, Crawler I & Wheel Mounted. 8651 Trencher to 85 Chain and Wheel. hour $27.50 Walk-behind, Crawler & Wheel Mounted. 8652 Trencher to 115 Chain and Wheel. hour $3700 Walk-behind, Crawler & Wheel Mounted. 8653 ' Trencher to 175 Chain and Wheel, hour $55.00 8290 Trowel, Concrete 90 In to 25 hour $9.00 8291 , Trowel, Concrete 100 In to 38 hour $14.00 Page 28 of 35 Add Flatbed Truck to Truck 8810 ' Truck, Bucket Mounted Aerial Lift. 8811 Truck, Cleaning Add Flatbed Truck to Sewer Cleaner. 8680 Truck, Concrete Mixer 10 CY to 255 hour $58.00 8681 Truck, Concrete Mixer 13 CY to 300 hour $67.00 8720 Truck, Dump , 8 CY to 210 hour $21.00 8721 Truck, Dump 10 CY to 235 hour $24.00 8722 Truck, Dum II 12 CV to 255 hour $27.00 8723 Truck, Dump 18 CY to 330 hour $40.00 8724 Truck, Durn• 28 CY to 400 hour $66.00 8725 Truck, Dm. 40 CY to 460 hour $72.00 8726 Truck, Dump 50 CY to 620 hour $90.00 8690 Truck, Fire 1000 GPM hour $44.00 8691 Truck, Fire 1250 GPM hour I $46.00 8692 Truck, Fire 1500 GPM hour $59.00 8693 Truck, Fire 2000 GPM hour $64.00 8700 Truck, Flatbed 15000 Lbs to 150 hour $11.25 8701 Truck, Flatbed 25000 Lbs to 180 hour $13.75 8702 Truck, Flatbed 30000 Lbs to 215 hour $17.75 8703 Truck, Flatbed 45000 Lbs to 250 hour $23.00 8704 Truck, Flatbed 50000 Lbs to 300 hour $28.00 8705 Truck, Flatbed to 375 hour $34.00 8706 Truck, Flatbed to 450 hour $40.00 8730 Truck, Garbage 25 CY to 255 hour $31.00 8731 Truck, Garbage 32 CY to 325 hour $38.00 Truck, Knuckle Add Flatbed Truck to Truck 8812 Boom Mounted Crane. Add Flatbed Truck to Truck 8813 Truck, Ladder Mounted Aerial Lift. Add Flatbed Truck to Hydraulic 8814 Truck, Line Digger Derrick. When transporting 8800 Truck, Pickup to 130 people. mile $0.33 8801 Truck, Pickup to 130 hour $7.40 8802 Truck, Pickup to 180 hour $9.30 8803 Truck, Pickup to 230 hour $11.75 8804 Truck, Pickup to 280 hour $14.75 i 8790 Truck, Tractor to 210 hour $22.00 8791 Truck, Tractor to 265 hour $28.50 8792 Truck, Tractor to 310 hour $32.00 8793 Truck, Tractor to 350 hour $35.00 Include pump and 8780 1 Truck, Water 2500 Gal to 175 rear spray system hour $20.50 Include pump and 8781 I Truck, Water 4000 Gal to 250 rear spray system. hour $29.00 8620 Tub Grinder to 400 hour $61.00 8621 Tub Grinder to 500 hour $74.00 8622 Tub Grinder to 600 hour $86.00 Page 29 of 35 ,r 8623 Tub Grinder to 700 hour $98.00 8624 , Tub Grinder to 800 hour $110.00 8625 Tub Grinder to 900 hour $122.01 , 8626 , Tub Grinder to 1000 hour $133.00 8753 . Vehicle, Recreational to 10 hour $2.15 8750 Vehicle, Small to 30 hour $4.10 8760 Vibrator, Concrete to 4 hour $1.00 , 8761 Vibrator, Concrete to 8 hour $1.95 . Includes ground cable 8770 Welder, Portable to 16 and lead cable. hour $3.05 Includes ground cable 8771 Welder, Portable to 34 and lead cable. hour $6.20 Includes ground cable 8772 Welder, Portable to 50 and lead cable. hour $8.70 Includes ground cable =8773 Welder, Portable 1 to 80 and lead cable. hour $12.50 Appendix to FEMA Schedule of Equipment Rates: Aircraft Rates The rates for helicopters and airplanes have not been included in the FEMA Schedule of Equipment Rates because the procedures for developing aircraft rates are different from procedures for other equipment. The procedure for helicopters and airplanes is given below, along with examples. Components of Aircraft Rates The components required for developing an aircraft rate include: • the year the equipment was purchased by the applicant; • the purchase price at that time, including any cost to make the equipment operational; • the average hours of operation for the last three non-disaster years; and • the shaft horsepower for continuous operation (this is not the takeoff horsepower). Ownership To obtain the yearly depreciation, divide the purchase price of the equipment, including any cost to make the equipment operational, by 15 years. This is an industry standard. Occasionally, an applicant will obtain equipment for $0 and in such a case the depreciation would be $0. If a cost was incurred to make the equipment operational, depreciation would be based on that cost. The next step is to determine overhead costs. These costs are determined by multiplying the depreciation by 25 percent. Overhead and depreciation should then be added. The average three-year usage for non-disaster years should then be determined. If this usage is not available, use 1200 hours. To determine the ownership cost, divide the sum of depreciation and overhead by the three-year average hours of operation to obtain the hourly cost. Overhead of $0.02 per horsepower (minimum of $4.00) should be included for equipment over 15 years or equipment obtained at no cost. Operational Costs For the operation and maintenance cost, multiply the horsepower by $0.50 to obtain the operational costs. Equipment Rate The combination of the ownership and operational costs is the equipment rate. Page 30 of 35 Example 1 Aircraft data: 1990 Cost = $150,000 Shaft Horsepower = 200 hp Average 3-year operation = 600 hours Ownership: Depreciation $150,000/15 years = $10,000 Overhead 25% x $10,060 = $ 2,500 Total = $12,500 $12,5001600 hours = $21 (rounded) Operational: 200 hp x $0.50 = $100 Total rate (ownership + operational) = $121 Example 2 Aircraft data: 1980 Cost = $150,000 Shaft Horsepower = 300 hp Average 3-year operation = 600 hours Ownership: Depreciation = $0 Overhead $0.02 x 300 = $6 Total = $6 Operational: 300 hp x $0.50 = $150.00 Total rate (ownership + operational) = $156 Example 3 Aircraft data: 1985 cost = $0 Cost to make equipment operational = $30,000 Shaft horsepower = 400 hp Average 3-year operation is unknown Ownership: Depreciation $30,000/15 = $2000 Overhead 25%x$2000 = $ 500 Use minimum of $4 for overhead, since overhead $500/1200 hours would be less than $4.00. Calculate depreciation separately. Depreciation $2000/1200 hours = $2 Overhead = $4 Total = $6 Operational: 400 hp x $0.50 = $200.00 Total rate (ownership + operational) = $206 f Page 31 of 35