[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 12-14-2020 by Ord. No. 2020-25. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Emergency Response Payment Reimbursement Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
ACTUAL AND REASONABLE RESPONSE COSTS
An amount that is consistent with what a reasonable person would pay in the same or similar circumstances for the same business or for the same or similar item.
EMERGENCY
Incidents, including but not limited to motor vehicle accidents, home fires, flooding, and water damage, and spills of hazardous materials, that require responsive coordinated action to protect an individual and/or entity, the environment, critical infrastructure or property.
OFFICIAL DISPATCH
The dispatch of any Manheim Township Fire Rescue equipment or personnel to an emergency by Lancaster County Wide Communications 911 Call Center or a response to a special call or request from a municipal, regional or state police department with an emergency.
THIRD-PARTY BILLING SERVICE
Any entity authorized and utilized by the Township or Manheim Township Fire Rescue for billing and collection of actual and reasonable costs.
A person and/or entity involved in an emergency that necessitates a response and/or Official Dispatch from Manheim Township Fire Rescue shall be liable for the actual and reasonable response costs incurred by Manheim Township Fire Rescue.
A. 
Billing. Manheim Township Fire Rescue shall have the right and authority to seek reimbursement for actual and reasonable response costs related to an emergency as provided for in this chapter which includes but is not limited to the actual or reasonable response costs of services provided, materials used, or equipment damaged in an emergency. The Township and Manheim Township Fire Rescue are hereby authorized to utilize third-party billing services in seeking reimbursement for actual and reasonable costs. A bill for reimbursement must clearly itemize the costs that have been incurred by Manheim Township Fire Rescue and shall be consistent with the fee schedule,[1] which may be revised from time to time by resolution of the Township Board of Commissioners.
[1]
Editor's Note: Said fee schedule is on file in the Township offices.
B. 
Reimbursement. If a person and/or entity receives a bill for actual and reasonable response costs as provided for in the chapter, the person and/or entity shall be responsible for payment of the bill. Submission of a bill to an insurance company shall not relieve the person and/or entity from financial responsibility for payment of the bill if an insurance company denies payment of the bill or opts not to pay the bill in full.
C. 
Failure to pay. Manheim Township Fire Rescue or any third-party billing service that submits to a person and/or entity a bill for actual and reasonable response costs as provided for in the chapter may file an action in a court of competent jurisdiction to recover the amount of actual and reasonable response costs if the person and/or entity fails to pay the amount of the bill. Any action in a court of competent jurisdiction by Manheim Township Fire Rescue or any third-party billing service may include reasonable interest, reasonable administrative fees, reasonable attorney fees, and court fees in addition to the outstanding amount of the bill for actual and reasonable response costs.
A. 
Manheim Township Fire Rescue shall establish and the Township of Manheim shall from time to time adopt a Schedule of Fees and costs reflecting reasonable response costs for the delivery of emergency and nonemergency service for Manheim Township Fire Rescue for personnel, supplies and equipment to the scene of emergency and nonemergency incidents. The mitigation rates reflected in the Schedule of Fees and costs shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR), which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.[1]
[1]
Editor's Note: Said fee schedule is on file in the Township offices.
B. 
The Schedule(s) of Fees and Costs, attached as Appendix A hereto,[2] is hereby adopted, and it shall remain in full force and effect until amended by Township resolution from time to time.
[2]
Editor's Note: Said fee schedule is on file in the Township offices.
C. 
Manheim Township Fire Rescue shall from time to time as appropriate prepare and establish, and submit to the Township for its approval and adoption by resolution, proposed updated Schedule(s) of Fees and costs for their respective services.
D. 
Such Schedules of Fees and costs shall be posted at the Manheim Township Fire Rescue or provider's business office and shall be made available to persons upon request.
Should any paragraph, sentence, clause or phrase of this chapter be declared unconstitutional, illegal or invalid for any reason, the remainder of the chapter shall remain in full force and effect, and the same shall not affect the validity of the remaining portions of this chapter.
All ordinances, resolutions or parts thereof which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
This chapter shall become effective five days after enactment by the Board of Commissioners.