(A) Except as otherwise provided below, it is understood that recipient shall pay to provider reasonable and documented expenses incurred by provider as a result of extending assistance to recipient. These reimbursements shall commence 12 hours after the provider support is on-scene and the recipient has signed a local emergency declaration.
(B) The terms and conditions governing reimbursement for any assistance provided under this agreement shall be in accordance with the following provisions, unless otherwise agreed in writing by recipient and provider. Recipient shall be ultimately responsible for reimbursement of all eligible reasonable and documented expenses.
(1) Personnel. During the period of assistance, provider shall continue to pay its employees according to its then prevailing ordinances, rules and regulations. Recipient shall reimburse provider for all direct and indirect payroll costs and expenses, including travel expenses incurred during the period of assistance, including but not limited to employee retirement benefits as provided by generally accepted accounting principles (GAAP). However, as stated in § 32.23 of the agreement, recipient shall not be responsible for reimbursing any amounts paid or due as benefits to provider's personnel under the terms of the Kentucky Workers' Compensation Law.
(2) Equipment. Provider shall be reimbursed by recipient for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency (FEMA), the FEMA-eligible direct costs shall be determined in accordance with 44 C.F.R. § 206.228. Provider shall pay for all repairs to its equipment as determined necessary by its on-site supervisor(s) to maintain the equipment in safe and operational condition. At the request of provider, fuels, miscellaneous supplies and minor repairs may be provided by recipient, if practical. The total equipment charges to recipient shall be reduced by the total value of the fuels, supplies and repairs furnished by recipient and by the amount of any insurance proceeds received by provider.
(3) Materials and supplies. Provider shall be reimbursed for the reasonable and documented costs of 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 in division (B)(2) of this section, unless the damage is caused by gross negligence, willful and wanton misconduct, intentional misuse or recklessness of provider's materials and supplies used by them during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 C.F.R. § 206.228. In the alternative, the parties may agree that recipient will replace, with like kind and quality as determined by provider, the materials and supplies used or damaged. If such an agreement is made, it shall be in writing.
(4) Recordkeeping. Recipient and Kentucky Department of Emergency Management personnel shall provide information, directions and assistance for recordkeeping to provider's personnel. Provider shall maintain records and submit invoices for reimbursement by recipient using the format used or required by FEMA publications, including 44 C.F.R. Pt. 13 and applicable Office of Management and Budget (OMB) circulars.
(5) Payment; other miscellaneous matters as to reimbursement. The reimbursement costs and expenses with an itemized notice shall be forwarded as soon as practicable after the costs and expenses are incurred, but not later than 60 days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 C.F.R. Pt. 206. Recipient shall pay the bill or advise of any disputed items, not later than 60 days following the billing date. These timeframes may be modified in writing by mutual agreement. This shall not preclude provider or recipient from assuming or donating, in whole or part, the costs and expenses associated with any loss, damage or use of personnel, equipment and resources provided to recipient.
(Ord. passed 2-14-2005)