[HISTORY: Adopted by the Borough Council of the Borough of
Girard 11-16-2009 by Ord. No. 708. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Volunteer Fire Company of A.F. Dobler Hose and Ladder
Company, or designee of A.F. Dobler Hose and Ladder Company, providing
emergency medical services or providing services pursuant to a dispatch
under the E-911 system and any other emergency medical service provider
providing emergency medical services under a mutual aid agreement
with the Fire Company or its designee.
The Volunteer Fire Company of Girard Borough, A.F. Dobler
Hose and Ladder Company, which provides fire protection and related
services under agreements with the Borough and shall include, for
purposes of authorization to invoice and recover fees for services
by designees or contractors of such Company, any fire company of another
municipality providing services under any mutual aid agreement or
dispatch under the E-911 system.
Any natural person(s), partnership, corporation, limited-liability
partnership or corporation, association, firm, insurance carrier,
servicing agent or other legal entity.
A.
The Fire Company or provider is hereby authorized, pursuant to the
laws of the Commonwealth of Pennsylvania, any agreements between the
Borough and the Fire Company and this chapter, to recover the usual,
reasonable and customary costs of materials used and expended and
to recover a fee for the use of equipment, hazardous situation abatement
materials and personnel costs used in or devoted to any fire, safety,
rescue and/or hazardous waste abatement incident, these including
but not limited to those caused by vehicular accidents and/or fires.
B.
Emergency medical service providers are hereby authorized, pursuant
to the laws of the Commonwealth of Pennsylvania, agreements between
the Borough of Girard and the A.F. Dobler Hose and Ladder Company
and any provider pursuant to this chapter, to recover the usual, reasonable
and customary costs of materials used and expended, use of equipment,
personnel services and transport costs used in or devoted to the providing
of emergency medical services and emergency transport.
C.
The Fire Company and emergency medical service providers shall establish
schedules of fees and costs for their respective services, which may
be amended from time to time. Such schedules of fees and costs shall
be posted at the Company's or provider's business offices and shall
be made available to persons upon request. The costs and expenses
authorized by this chapter shall be submitted at least annually by
the emergency medical service provider and the Fire Company to the
Borough Council for approval by resolution as needed. Except for extraordinary
situations involving charges not regularly incurred by the emergency
medical service providers or Fire Company, only charges approved by
motion at a public meeting shall be deemed reasonable and eligible
for reimbursement.
A.
Costs, expenses and fees authorized in § 311-2C of this chapter shall be charged, collected and recovered directly by A.F. Dobler Hose and Ladder Company, the emergency medical service provider and/or their appointed designee or agent. The person invoiced for such costs, expenses and fees, and/or that person's insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to A.F. Dobler Hose and Ladder Company or the emergency medical service provider, as is applicable.
B.
In addition to such costs, expenses and fees, the Fire Company and
the emergency medical service provider are authorized to impose interest
or finance charges upon invoice amounts not paid within 30 days after
the invoice date, at such rates as are authorized by the laws of Pennsylvania.
C.
In addition to such costs, expenses and fees, in the event the Fire
Company and the emergency medical services provider are compelled
to initiate private collection or legal proceedings to collect sums
due, such provider, in addition to all costs, expenses, fees and interest
or service charges due, shall be entitled to recover in such proceeding
all attorneys' fees, collection agency fees, filing fees and litigation
expenses reasonably incurred in the proceeding.
B.
Any party invoiced pursuant to this chapter who fails to pay the
expenses within 30 days shall be subject to a civil enforcement proceeding
resulting in a penalty of $600 per violation and, if not timely paid,
additional daily penalties for continuing violations, plus court costs
and reasonable attorneys' fees incurred by the Borough.
