Loading...
Agenda 01/08/2013 Item #16E 4 1/8/2013 Item 16.E.4. EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Understanding between Collier County and Civil Air Patrol (CAP) in support of Emergency Management activities related to natural and manmade hazards emergency response. OBJECTIVE: To obtain approval of a Memorandum of Understanding between Collier County and Civil Air Patrol (CAP), in support of Emergency Management activities related to natural and manmade hazards emergency response. CONSIDERATIONS: To optimize cooperation and coordination between Collier County Government through its Emergency Management Dept. and the Civil Air Patrol, through its Florida CAP Wing, during times of emergency or disaster and during the post-disaster recovery period. To include Air and Ground Search and Rescue (SAR) Operations, Mercy Missions, Disaster Mitigation and Relief (DR) Operations, SAR/DR Training Missions, Homeland Security (HLS) Missions, Aerial Reconnaissance of Ground Conditions and Surface Traffic Missions, Air Transportation of Cargo and Passengers (Human Organs, Tissues, Medical Supplies and CCBCC Officials, Other Non-CAP Passengers). The CAP provides an organization of private citizens equipped and trained to respond to local and National emergencies and to serve the interest of public safety and welfare. The purpose of the Memorandum of Understanding is to set forth, define, and establish mutual agreements, understandings, guidelines, and obligations between Collier County and Civil Air Patrol (CAP), Inc. to coordinate relief efforts at the time of a disaster. The Florida Wing CAP assistance to CCBCC may include and is not limited to: aerial missions such as reconnaissance for search and rescue of disaster victims, damage assessments of the community, or environmental surveys utilizing visual, photographic, digital, and video techniques, airborne communications support, and airlift (subject to regulatory restrictions listed in the MOU). Other support may include: Manual labor, radio communications and ground support teams (typically in SAR or relief missions). Under this MOU only the Director of the Bureau of Emergency Services or his designated representative may approve CAP missions for the Collier County Government. CAP has been providing these services to Collier County for approximately 7 years; this MOU simply modernizes the arrangement. The MOU has been reviewed and approved by the Collier County Risk Management Department. GROWTH MANAGEMENT: There is no Growth Management impact associated with this executive summary. Packet Page-1586- 1/8/2013 Item 16.E.4. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. -JBW FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners approves the MOU between Collier County, through its Emergency Management Department, and Civil Air Patrol (CAP.) which has volunteered to partner with Emergency Management during both Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager, Emergency Management Department Packet Page -1587- 1/8/2013 Item 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4. Item Summary: Recommendation to approve a Memorandum of Understanding between Collier County and Civil Air Patrol (CAP) in support of Emergency Management activities related to natural and manmade hazards emergency response. Meeting Date: 1/8/2013 Prepared By Name: BoniChristine Title:Administrative Assistant, Senior, 11/30/2012 10:22:16 AM Submitted by Title: Administrative Assistant, Senior, Name:BoniChristine 11/30/2012 10:22:18 AM Approved By Name: WalkerJeff Title: Director-Risk Management,Risk Management Date: 11/30/2012 12:49:21 PM Name: pochopinpat Title:Administrative Assistant,Facilities Management Date: 12/6/2012 10:36:46 AM Name: SummersDan Title: Director-Bureau of Emergency Services, Date: 12/7/2012 10:59:20 AM Name: SummersDan Title:Director-Bureau of Emergency Services, Date: 12/11/2012 9:29:39 AM Packet Page -1588- 1/8/2013 Item 16.E.4. Name: WhiteJennifer Title:Assistant County Attorney,County Attorney Date: 12/11/2012 2:50:11 PM Name: KlatzkowJeff Title: County Attorney Date: 12/18/2012 1:44:06 PM Name: PriceLen Title:Administrator, Administrative Services Date: 12/28/2012 11:54:38 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 12/31/2012 12:01:24 PM Name: KlatzkowJeff Title: County Attorney Date: 12/31/2012 1:50:55 PM Name: IsacksonMark Title:Director-Corp Financial and Mgmt Svs,CMO Date: 12/31/2012 2:16:44 PM Packet Page-1589- 1/8/2013 Item 16.E.4. CAP MOU Registration No.: 10-001-SER-FL-COLL-BES MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CIVIL AIR PATROL BY THE FLORIDA WING AND COLLIER COUNTY,FLORIDA 1. Purpose. Collier County Florida,3301 East Tamiami Trail Naples,FL 34112 and Civil Air Patrol (CAP)wish to utilize the services of CAP and its volunteers for the public good. This memorandum of understanding(MOU)describes the procedures by which Collier County may request CAP mission support as well as the terms under which missions are authorized, performed, and reimbursed. The memorandum does not, in and of itself, create any legal obligations among the parties or signatories. All previous MOU(s)between CAP and Collier County are superseded by this agreement. NOTE:No Counterdrug(CD) missions are authorized by this MOU. 2. Parties. This MOU is between CAP,through its Florida Wing and Collier County. a. Civil Air Patrol. CAP is a federally chartered charitable non-profit corporation. (36 U.S.C. §§4030l-40307.) Missions flown under this MOU are "corporate missions." Although CAP is not a government agency or military service, it acts as a volunteer civilian auxiliary of the United States Air Force(USAF)when the services of CAP are used by any department or agency in any branch of the Federal Government. Only the USAF can assign "Air Force Assigned Missions"(AFAMs.) See Attachment AF for a discussion of CAP's status and missions as the Air Force Auxiliary(10 U.S.C. §§9441,9442)and procedures to request AFAMs. (1) Florida Wing,CAP. Florida Wing is an administrative subdivision of CAP and not a separate legal entity from CAP. CAP is generally organized along geographic lines and Florida Wing's jurisdiction is defined by the boundaries of the state. Missions under this MOU will be performed by Florida Wing. Contact information is included as Attachment A. (The parties may update Attachment A unilaterally by e-mail or other writing.) (2) CAP Members. CAP members are volunteers in public service. Members pay an annual membership fee to join and participate in CAP. "Members," as volunteers, are not "employees." Although CAP may have employees in the state,their duties as employees are administrative in nature and do not include participating in CAP missions.Florida Wing may use CAP members of units from outside of Florida Wing or Florida to perform missions under this MOU. All CAP members shall be deemed members of Florida Wing while performing missions under this MOU and entitled to benefits of such membership that arise under this MOU. (3) CAP-USAF. The United States and Civil Air Patrol -United States Air Force(CAP-USAF)are not a party to this agreement. (See Attachment AF.) Page 1 of 14 Packet Page-1590- 1/8/2013 Item 16.E.4. b. COLLIER COUNTY,FLORIDA. (1)Collier County Bureau of Emergency Services. Collier County,through its Bureau of Emergency Services Department of Emergency Management(BES),provides the coordination of emergency services within Collier County including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering services. Under Chapter 252 of the Florida Statutes, Collier County,through BES,also coordinates the relief activities of both public and private relief or disaster assistance organizations that agree to volunteer their services under the direction and guidance of Collier County authorities. Collier County may utilize personnel and facilities of Florida Wing CAP for relief or disaster assistance organizations, in the distribution of food,relief supplies,medicines and other items and temporary shelters as part of the restoration or reconstruction of community services and essential facilities when deemed necessary. (BES contact information is found in Attachment A.) (2) Other State or Local Agencies. N/A (3)Collier County-Florida Wing Relationship. There is no statutory relationship between Collier County and the Florida Wing CAP. 3. CAP Mission Capabilities&Limitations. a. Capabilities. (1) Objectives. CAP provides an organization of private citizens equipped to respond to local and national emergencies and to serve the public welfare. (36 U.S.C. §40302). CAP can quickly organize large numbers of highly trained volunteers with ready access to up-to- date equipment to provide cost effective support to government agencies. (2) Operations.Florida Wing CAP assistance to Collier County may include, and is not limited to: aerial missions such as reconnaissance to search for victims, damage assessments, or environmental surveys utilizing visual,photographic,digital,and video techniques; airborne communications support;and airlift. Other support may include: manual labor(e.g.filling sandbags for flood control);radio communications; and ground teams (typically used in search and rescue(SAR)missions). Ground teams are prohibited from participating in CD or other law enforcement missions. b. Limitations. (1) Priority of Missions. Collier County understands and acknowledges that the USAF may withdraw CAP from missions in progress under this MOU when necessary to pursue higher priority missions. This is because CAP is the official auxiliary of the Air Force, and there is a priority for employing CAP resources which may affect availability of support to state and local authorities. Priority for utilizing CAP resources is as follows:first,USAF,then other DoD Page 2 of 14 Packet Page -1591- 1/8/2013 Item 16.E.4. departments and agencies,other Federal departments and agencies, state agencies,and finally, local agencies. (2) Law. CAP does not have any special exemption from civil or criminal law. Nothing in this agreement shall be read to require any party or signatory to act in violation of the law or applicable regulations. Furthermore,none of the provisions in this MOU is intended to conflict with applicable laws,regulations,or directives governing CAP missions/activities, including but not limited to those discussed below. (a) Federal Aviation Regulations. Civil Air Patrol pilots, most of whom are private pilots,are required to comply with Federal Aviation Regulations(FARs.) The FARs may prohibit private pilots from flying some of the missions(including transport missions except for certain exceptions)contemplated by this MOU. (See Attachment B, CAP Missions and Pilot Limitations.) (b) Assistance to Law Enforcement. CAP regulations limit assistance to law enforcement agencies to "passive assistance." CAP members may not be deputized nor may they take an active part in arrest or detention activities and have no authority to restrict persons by means of force,active or implied. a. CAP assistance to law enforcement agencies which may lead to criminal prosecution is restricted to patrol,reconnaissance, and reporting only. Requests for such assistance, unless of an emergency nature,must be approved in advance by the Wing and Region Commanders and coordinated with [the National Operations Center(NOC)at 888.211.1812 or opscenter @capnhq.gov.] All CAP flights will be in accordance with CAPR 60-1. (CAPR 900-3 paragraph 3a.) (c) CAP Directives. CAP missions and activities are also limited by CAP regulations. CAP personnel are required to comply with CAP regulations. Failure of CAP members to comply with applicable regulations may result in administrative action. (See References below) (3) Risk Management. CAP is an organization of non-paid volunteer citizens. As such,CAP members may decline to participate in missions or discontinue missions at any time. Additionally, CAP may decline or suspend CAP missions for any reason, including but not limited to safety,risk,and liability concerns. 4. Emergencies. For emergency missions in which(a) life or property is in imminent peril and (b) local resources are inadequate,please see Attachment AF for criteria and procedures for requesting an AFAM. Page 3 of 14 Packet Page -1592- 1/8/2013 Item 16.E.4. 5. Requesting Missions -In General. Any and all mission requests may be submitted to the Civil Air Patrol National Operations Center(NOC)at 888.211.1812 or opscenter @capnhq.gov. Reimbursement will be made in accordance with this paragraph and paragraph 7. Corporate missions may include, but are not limited to: a.Air and Ground Search and Rescue(SAR)Operations. See Attachment AF regarding requests for air and ground SAR operations. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. b.Mercy Missions. Mercy missions refer to the transport of blood, organs, serum, and medical equipment necessary to relieve a specific time-critical, life-threatening situation where commercial transportation is unavailable. For more information on how to request a Mercy mission, contact the Air Force Rescue Coordination Center(AFRCC)at 800-851-3051. c. Disaster Mitigation and Relief(DR)Operations. DR missions relate to assistance needed for major disasters or emergencies(including all natural and man-made disasters such as hurricanes, floods,tornados,major storms,earthquakes,oil spills or other environmental disasters). See Attachment AF regarding requests for DR missions. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. d. SAR/DR Training Missions. See Attachment AF regarding requests for air and ground SAR/DR Training Missions. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. e.Homeland Security(ILLS). See Attachment AF regarding requests for Homeland Security operations. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. f.Aerial Reconnaissance of Ground Conditions and Surface Traffic for Collier County. This may include visual or photographic reconnaissance of wildlife, land,forests, roadways and waterways, etc.(Note: in the event of an"environmental disaster," Collier County may be able to request an AFAM in accordance with Attachment AF). Participation of Collier County personnel in these aerial reconnaissance missions is discussed in paragraph 5g below. g.Agency Crewmembers. Collier County may request CAP aircraft and aircrew as an aerial platform from which Collier County officials may perform"aerial work,"as "crew members." "Aerial work" includes missions such as aerial reconnaissance of ground conditions (discussed in paragraph 5f above)or operation of an airborne repeater. Collier County officials may be authorized to fly aboard CAP aircraft in accordance with CAPR 60-1, CAP Flight Management. Collier County officials performing aerial work or duty in the aircraft during flight are crewmembers and not"passengers." (14 C.F.R. §119.1(e)(4).) h.Air Transportation of Cargo and Passengers. Air transport of cargo and/or passengers on corporate missions shall be in accordance with subparagraphs(1)and(2)below. Page 4 of 14 Packet Page-1593- 1/8/2013 Item 16.E.4. Such missions shall be performed without reimbursement or payment of any kind from sources outside of CAP due to FAA restrictions. (Note: Transport missions may be funded by the CAP pilot or Florida Wing CAP but such missions may be limited due to availability of funding): (1) Human Organs,Tissues,and Medical Supplies. CAP may perform missions to transport organs,tissues,medical supplies at request of Collier County for humanitarian reasons without accepting reimbursement or payment of any kind from outside sources. (2) Collier County Officials/Other Non-CAP Passengers. CAP may transport Collier County officials and other non-CAP passengers approved in accordance with CAPR 60- 1,paragraph 2-3. i.Non Funded Collier County Missions.For SAR Training and Visual search proficiency purposes the CAP is authorized to fly Patrols under this MOU that are scheduled by the CAP on a random basis without prior Collier County approval and not funded by Collier County. This can include surveillance of the Everglades Wilderness waterway and coastal areas of South West Florida. 6. Command, Control,Coordination and Cooperation: a. Immediate command and control over all CAP resources and personnel employed in accordance with this MOU shall rest with CAP at all times. Mutual consent should be the norm; nevertheless,any party to this agreement may suspend or terminate CAP missions conducted pursuant to this MOU without cause. b.Both Florida Wing CAP and Collier County agree to maintain continual and effective communication and coordination to facilitate the training necessary for effective CAP participation with BES personnel in disaster relief missions. 7. Reimbursement. Reimbursement to Florida Wing for missions will be as follows: a. Reimbursement for Corporate Missions. When Collier County reimbursement is required by Florida Wing for missions performed under this MOU,such reimbursement shall be limited to the rates established in the current Civil Air Patrol Regulation 173-3,Payment for Civil Air Patrol Support Attachment 1 (a copy of which is provided as Attachment C and incorporated herein by reference). The parties agree that Attachment C,as revised from time to time by Civil Air Patrol and approved by CAP-USAF and the FAA, will be the basis for determining reimbursement. Additionally,aircraft and automobile fuel and oil will be reimbursed at actual cost. b. Restrictions on Billing. Dual payment/compensation or double billing is prohibited and may not be requested or accepted. For example, if Florida Wing receives or is offered state funds for aircraft operating expenses(fuel, oil,maintenance),Florida Wing may not seek or Page 5of14 Packet Page -1594- 1/8/2013 Item 16.E.4. accept reimbursement for the same expense from CAP National Headquarters,or from any other source(i.e. another federal agency). 8. Liabilities: Insurance,Workers Compensation & Related Matters. a. State Protections. There are no Florida benefits afforded CAP and its members such as workers compensation or liability protection. CAP third party liability and personal injury coverage available to the corporation and its members are generally outlined in CAP Regulation 900-5. b. CAP Protections. In addition to protections afforded in paragraph 8a above(if any), CAP and its members are protected by liability insurance policies as well as member benefits described in CAP Regulation 900-5, Civil Air Patrol Insurance/Benefits Program and 112-10, Indemnification. c. No Federal Protections. CAP and its members are not deemed to be instrumentalities of the United States while performing corporate missions. Therefore,Federal Tort Claims Act (FTCA)(10 U.S.C. 9442(b)(2);28 U.S.C. 2671 et. seq.)and Federal Employees Compensation Act(FECA)(5 U.S.C. 8141)do not apply. d. Indemnification. CAP shall indemnify,defend and hold harmless Collier County from and against all claims, losses, liabilities damages,costs and expenses,including reasonable attorneys' fees, costs and expenses incurred by Collier County, arising from any negligence or willful misconduct of CAP's volunteers,employees, agents or contractors arising from any services,etc. provided by CAP under this MOU.Nothing contained herein shall be construed to be a waiver by Collier County of any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. 9. Air Force Provisions. a.The subject MOU is between CAP and Collier County and is not an agreement with CAP as the Air Force Auxiliary. b.The United States Air Force has priority in the use of CAP equipment bought with appropriated funds. The priority for utilizing CAP resources is: (1)USAF; (2) Other DoD departments and agencies; (3)other Federal departments and agencies; (4) State agencies; and (5)Local agencies. c. CAP volunteers flying missions under this MOU are not eligible for FTCA or FECA benefits. d.No Air Force Assigned Missions(AFAMs)will be assigned pursuant to this MOU. Page 6 of 14 Packet Page -1595- 1/8/2013 Item 16.E.4. e.Missions flown and funded under this MOU are not eligible for payment or reimbursement from the federal government. 10. Effective Date,Term.Termination,and Approval Provisions. a.Effective Date. The terms of this MOU will become effective as of the date signed by both parties. b.Term. This MOU shall be effective for a period of five years from its effective date. c.Amendment. This MOU embodies the entire terms and understanding of the parties and no other agreements exist between the parties except for those expressly stated herein,to include attachments cited below and executed by the parties. This MOU may be amended by written notice of either party,which expressly identifies itself as a part of this agreement and is signed by an authorized representative of each of the parties. Air Force provisions in this MOU are not subject to amendment or revision by either party. (See paragraph 9 and Attachment AF.) d.Termination. The parties may terminate this MOU at any time upon sixty-day(60) day advance written notice of termination signed by their designated representatives. Copies of the termination notice shall be mailed to the designated representatives of each of the parties at addresses shown below. (See Attachment A and the addresses below). National Headquarters,Civil Air Patrol Collier County Board of County Attention:DO Commissioners 105 S.Hansell Street Attn: Chairman Maxwell AFB,AL 36112 3299 East Tamiami Trail#303 Naples,FL 34112 IN WITNESS WHEREOF,this MOU has been executed by the parties herein: CIVIL AIR PATROL COLLIER COUNTY,FLORIDA Collier County Board of County Commissioners b-r Michael N Cook,Colonel,CAP Georgia A. Hiller, ESQ. Wing Commander Chairwoman Dated: t t`I fir II'7— Dated: ATTEST: DWIGHT E. BROOK, Clerk Approved as to form & legal Sulk:lency By: Page 7 of 14 Assistant County Attorney rt.re . wr-t 1.1-5 Packet Page-1596- 1/8/2013 Item 16.E.4. Attachments: AF Air Force Assigned Missions A Contact Information B Table: CAP Missions and Pilot Limitations C CAP Regulation 173-3,Payment for Civil Air Patrol Support,Attachment 1, Reimbursement Rates References: Hotlinks to online sources for these citations can be found at [pending.] United States Code http://uscode.house.gov/usc.htm 10 U.S.C. §§ 9441 -9448, (Organization and Management of Civil Air Patrol) 36 U.S.C. §§40301 —40307, Civil Air Patrol Code of Federal Regulations http://www.gpoaccess.gov/cfr/index.html 14 C.F.R. §119.1,Applicability [of common carrier regulations] CAP Publications http://cap.globalreach.com/index.cfn?nodeID=5285 Adatov CAP Regulations - 60 series including: CAP Regulation 60-1,Flight Management CAP Regulation 60-3, CAP Emergency Services Training and Operational Missions CAP Regulation 112-10,Indemnification CAP Regulation 173-3,Payment for Civil Air Patrol Support* CAP Regulation 900-3,Firearms-Assistance to Law Enforcement Officials CAP Regulation 900-5, Civil Air Patrol Insurance/Benefits Program Page 8 of 14 Packet Page-1597- 1/8/2013 Item 16.E.4. Attachment AF AIR FORCE ASSIGNED MISSIONS 1. The following are potential Air Force Assigned Missions(AFAMs): a. Air and Ground Search and Rescue(SAR)Operations. CAP, as the Air Force Auxiliary performs SAR missions to search for, locate,and relieve a distress situation,including overdue aircraft,emergency locator transmitters (ELTs),and persons in distress. For more information on how to request an AFAM SAR mission,contact the Air Force Rescue Coordination Center(AFRCC)at 800-851-3051. b. Mercy Missions. Mercy missions refer to the transport of blood, organs, serum,and medical equipment necessary to relieve a specific time-critical, life-threatening situation where commercial transportation is unavailable. For more information on how to request a Mercy mission, contact the Air Force Rescue Coordination Center(AFRCC)at 800-851-3051. c. Disaster Mitigation and Relief(DR)Operations. DR missions relate to assistance needed for major disasters or emergencies (including all natural and man-made disasters such as hurricanes,floods,tornados,major storms, earthquakes, oil spills or other environmental disasters). For more information on how to request a Disaster Mitigation and Relief mission, contact the Air Force National Security Emergency Preparedness(AFNSEP) duty officer at 800- 366-0051. d. SAR/DR Training Missions. SAR/DR training missions are joint training missions with CAP and the State Agency. For more information on how to request a SAR/DR training mission contact the appropriate State Director. (See attachment A—Contact Information). e. Homeland Security(ILLS). Department of Defense and Air Force policy on HLS missions CAP may be tasked to perform in support of civil authorities is still evolving. For more information on how to request a Homeland Security mission,contact the CAP National Operations Center(NOC) at 888-211-1812 or opscenter @capnhq.gov. 2. For information on any other above AFAMs,you may also contact the NOC at 888-211-1812. Page 9 of 14 Packet Page -1598- 1/8/2013 Item 16.E.4. Aft- Attachment A CONTACT INFORMATION Contact Information as of 01/18/2012 MISSION CONTACT I PHONE & E-MAIL* ADDRESS CIVIL AIR PATROL Local N/MSS Contact Lt Col Ray Rosenberg W: Florida Wing CAP Commander F: Attn:DO Group-5 FLWG H:239.394.8211 680 NE 215th Street P: Miami,FL 33079 C:239.877.4206 E:rrosenberg@tlwg.us Homeland Security CAP National W:888.211.1812/ Civil Air Patrol (HLS) Operations Center 334.953.5823/ 105 S.Hansell Street (MOU Paragraph 5e) DSN 493-5823 Maxwell AFB,AL 36112 F: 334.953.4242 DSN 493.4242 E:opscenter@capnhq.gov Corporate Missions Florida Wing W: Florida Wing CAP (MOU Paragraph 6.) Commander or F: Attn:DCS-0 Designate: H:386.676.1659 680 NE 215th Street Lt Col Gary Nelson P: Miami,FL 33079 DCS of Operations C: (904)9934879 E:garyjso(4aol.com STATE AGENCY Planning& Agency Head or W: 239-252-3600 County Agency: a,; Miscellaneous Designate: F:239-252-3700 Collier County Emergency H: Management Rick Zyvoloski P:239-982-1931 8075 Lely Cultural Pkwy C: 239-253-4672 #445 E:RichardZyvoloski @colliergov.net Naples,Fl. 34113 Billing Accounts Payable W:239-252-3600 County Agency: Head or Designate: F:239-252-3700 Collier County Emergency H: Management Christine Boni P: 8075 Lely Cultural Pkwy C:239-601-1606 #445 E:christineboni @colliergov.net Naples,Fl. 34113 Operations Operations Head or W:239-252-3600 County Agency: Designate: F: 239-252-3700 Collier County Emergency H: Management Dan Summers P:239-982-1561 8075 Lely Cultural Pkwy C:239-253-4671 #445 E:DanSummers(a),colliergov.net Naples,Fl. 34113 CAP-USAF Planning& CAP-USAF State W:407-646-4247 [State Wing Liaison Miscellaneous-AFAM Director of Liaison F: Office Services(SD): H: Attn:CC Mr.Jerry Angley P: Street address COL,USAF(Ret) C:407.947.2131 PO Box E:jcangley(tt),aol.com City,ST xxxxxl Page 10 of 14 .`ms`s Packet Page -1599- Paae 11 of 14 1/8/2013 Item 16.E.4. Attachment C (cont'd) CAPR 173-3,ATTACHMENT 1,REIMBURSEMENT RATES CAPR 173-3 ATTACHMENT I(CONT'D) 22 DECEMBER 2009 7 Glider Flight Orientation Program will be based on the actual cost of the tow(receipts required). 6. Glider maintenance reimbursement will be on an actual cost basis. All maintenance of gliders requires a control number from NHQ CAP/LO prior to repairs being accomplished. Submit receipts for all expenses incurred to NHQ CAPILG for payment or reimbursement. Electronic copies of original receipts are acceptable.Tail number accounting principles must be followed for gliders. 7. Witl Digital Imaging System Rates. CAP can charge an additional$65 an hour to g gm8 ys�Cam) �S operate ADIS but only when supporting missions that are not funded with CAP's annual Congressional appropriation. The money collected for ADIS operation from these missions must be forwarded to NHQ for the systems that NHQ provides to the wings. Wings that have purchased their own ADIS systems may keep the money but must comply with specific program income restrictions. This information can be obtained from NHQ CAP/FM. The hourly charge to operate the ADIS system will begin when the aircraft departs the mission base to execute the ADIS sortie and ends when the aircraft returns to the mission base. The ADIS rate will not be charged on flights to/from the home base and the mission base unless ADIS operation is conducted enroute to the mission base. & Airborne Real-time Cueing Hyperspectral Enhanced Reconnaissance(ARCHER)Rates. CAP will charge an additional$235 an hour to operate ARCHER but only when supporting missions that are not funded with CAP's annual Congressional appropriation. The money collected for ARCHER operation from these missions must be forwarded to NHQ. The hourly charge to operate the ARCHER system will begin when the aircraft departs the mission base to execute the ARCHER sortie and ends when the aircraft returns to the mission base. The ARCHER rate will not be charged on flights to/from the home base and the mission base unless ARCHER operation is conducted enroute to the mission base. Page 14 of 14 Packet Page-1600- 1/8/2013 Item 16.E.4. Attachment B TABLE: CAP MISSIONS AND PILOT LIMITATIONS CAP MISSIONS AND PILOT LIMITATIONS IF THE AND ON AND THE AND THE THEN MAY PILOT MAY REFERENCE PURPOSE BOARD ARE MISSION IS AIRCRAFT BE FLOWN BE OF THE IS BY REIMS FLIGHT IS FOR Pilot A or B Corporate Private Pilot Fuel,Oil, Exemption Cewmembers, Reimbursed or Owned Supplemental 6771 CAP members, Not Oxygen. Armed Reimbursed Fluids, Services, Lubricants, Authorized Servicing, Government Maintenatxx, Employees Per Diem Member Private.Pilot Inaccordance Exemption Furnished with CAPR 6771. 173-3 C Reimbursed Sec Aerial or Not Work Reimbursed, Operations Other A Any Private Pilot Fuel,oil, FAR 61.113(0) Passengers airport expenditures, or rental fees B ar C Any Commercial Any Expenses FAR Reimbursed Pilot or ATP Authorized by 119.1(ex4) CAP Not Any Private Pilot See Note 1 FAR. Reimbursed 61.1.13(a); FAR 61.113(c); FAR 119.1(e)(4); FAA Interpretation 1997.23 Aerial Work Crewmembers Any Any Private Pilot See Note 1 FAR Operations (FAR 1.I) 61.113(a); (Aerial FAR imaging.radio 61.113(c); relay) FAR 119.1(exa); FAA Interpretation 1997-23 Passengers or Reimbursed Any Commercial Any Expenses FAR Non-CAP Pilot or ATP Authorized by 1 19.1(0(4) Property CAP Not Any Private Pilot See Note 1 FAR Reimbursed 61.113(a); FAR 61.113(e); FAR 119.1(eX4); FAA Interpretation Page 11 of 14 Packet Page -1601- 1/8/2013 Item 16.E.4. Attachment B (cont'd.) TABLE: CAP MISSIONS AND PILOT LIMITATIONS 1997-23 IF THE AND ON AND THE AND THE THEN MAY PILOT MAY REFERENCE PURPOSE BOARD ARE MISSION IS AIRCRAFT BE FLOWN BE OF'THE IS BY REIMEICJRMD FLIGHT IS FOR Domestic Pilot,CAP A Corporate Private Pilot Fuel,Oil, Exemption CAP Cadet Cadets, AF Owned Supplemental 6771 Orientation AFROTC Reimbursed Oxygen, Flights IAW Cadets, Fluids, CAPP 52-7, AFJROTC Lubricants, AFROTC, Cadets Servicing, AFJROTC Maintenance, Orientation Per Diem Flights Member Private Pilot IAW CAPR. Furnished 173-3 B Corporate Privatc Pilot Fuel,Oil, Not Owned Supplemental Reimbursed Oxygen. Fluids, Lubricants, Servicing Maintenance, Per Diem Member Private Pilot IAW CAPR Furnished 173-3 B Any Commercial Any Expenses Reimbursed Authorized by with other than CAP AF Funds Overseas CAP Pilot Any AF Aero Club Commercial Any Expenses Exemption Orientation crewmembers, Owned Pilot with Authorized by 6771,CAPR Flights CAP Cadets Inatnmaent CAP Rating or ATP Transportation Passengers or A&B Any Private Pilot See Nate 1 FAR Non-CAP Reimbursed 61,113(c), Property OrCNot Interpretation Reimbursed 1997.23 Commercial Any Expenses Exemption Pilot Authorized by 6485 CAP C Reimbursed Any No AuNxxized N/A FAR 119 I -Part 135 Note 2:Exemptions cited reflect the current extension(A,13,C,etc.). Page 12 of 14 Packet Page -1602- 1/8/2013 Item 16.E.4. Attachment C CAPR 173-3,ATTACHMENT 1,REIMBURSEMENT RATES 6 CAPR 173-3(Cl) ATTACHMENT 1 7 MAY 2010 Attachment 1—Aircraft Flying Hour Minor Maintenance Payment.Rates The rates in this table are calculated from actual reported minor maintenance expenses for CAP aircraft. Many factors,such as aircraft age,Airworthiness Directives,design,and model,affect CAP expenditures for maintenance. These rates are not generally related to engine horsepower because engine expenses are managed under CAP's major maintenance program. CAP has elected to establish overall fleet rates for only the models of aircraft in the CAP corporate fleet. Wings participating in the national consolidated maintenance program will not have minor maintenance funds paid to the wing. In addition.the Category"B"and"C"minor maintenance mission funds collected by those wings must be forwarded to NHQ so the funds can be used to maintain the wing's aircraft. Effective l U "Dry"Hourly Reimbursement Rates for all sorties flown on or after t J"I1400 de Mantt Matte Cessna Cessna Cessna Gippsland Cessna idavi Cessna tlend Model MT-7-235 172 182 206 GA-8 1S2RG DHC 2 185 costar SMOO #Xio $97:®d $38.40 $A 0P 532.40 Notes: I. "Basic Hourly Rate"for single-engine corporate or member-ownedtf mtished aircraft not listed above:$30.00. Amitc 2. Use of single-engine member-owned or member-furnished aircraft must be approved in advance for all missions. a. Use in Air Force assigned missions requires approval by the appropriate Air Force approval authority. It also requires the member to complete an Air Force hold harmless agreement. b. Use in corporate missions requires approval by the wing/region commander or director of operations/director of emergency services, c. single-engine member-owned or member-furnished aircraft models that have been approved in accordance with this note but are not listed in the table above will be reimbursed at the`Basic Hourly Rate." 3. The use of all twin-engine aircraft for any mission requires prior approval through the wingregion gig the appropriate Air Force approval authority(through the National Operations Center.) It also requires the member to complete an Air Force hold harmless agreement. Wings/regions should send requests well in advance to the NOC at opecentert4capnhq.gov. Once approval has been obtained,the NHQ staff will determine the reimbursement rate and notify the wing/region in writing. 4. Aircraft fuel,lubricants.de-icing services,and other mission essential supplies are authorized for participation in Air Force-assigned reimbursable missions and are in addition to the above rates(receipts required). 5. Corporate glider tow aircraft are reimbursed at the appropriate rate for their model classification. Reimbursement for non-corporate glider tows participating in the Cadet Page 13 of 14 Packet Page -1603- 1/8/2013 Item 16.E.4. Attachment C (cont'd) CAPR 173-3,ATTACHMENT 1,REIMBURSEMENT RATES CAPR 173-3 ATTACHMENT 1(CONT'D) 22 DECEMBER 2009 7 Glider Flight Orientation Program will be based on the actual cost of the tow(receipts required). 6. Glider maintenance reimbursement will be on an actual cost basis. All maintenance of gliders requires a control number from NHQ CAP/LG prior to repairs being accomplished, Submit receipts for all expenses incurred to NHQ CAP/LG for payment or reimbursement. Electronic copies of original receipts are acceptable.Tail number accounting principles must be followed for gliders. 7. Digital Imaging g S em .I. )Rates. CAP can charge an additional$65 an hour to operate ADIS but only when supporting missions that are not funded with CAP's annual Congressional appropriation. The money collected for ADIS operation from these missions must be forwarded to NHQ for the systems that NHQ provides to the wings. Wings that have purchased their own ADIS systems may keep the money but must comply with specific program income restrictions. This information can be obtained from NHQ CAP/FM. The hourly charge to operate the ADIS system will begin when the aircraft departs the mission base to execute the ADIS sortie and ends when the aircraft returns to the mission base. The ADIS rate will not be charged on flights to/from the home base and the mission base unless ADIS operation is conducted enroute to the mission base. 8. Airborne Real-time Cueing Hyperspectral Enhanced Reconnaissance(ARCHER)Rates. CAP will charge an additional$233 an hour to operate ARCHER but only when supporting missions that are not funded with OAP's annual Congressional appropriation. The money collected for ARCHER operation from these missions must be forwarded to NHQ. The hourly charge to operate the ARCHER system will begin when the aircraft departs the mission base to execute the ARCHER sortie and ends when the aircraft returns to the mission base. The ARCHER rate will not be charged on flights to/from the home base and the mission base unless ARCHER operation is conducted enroute to the mission base. Page 14 of 14 Packet Page-1604-