Township of Girard, PA: Definitions.

Article I Recovery of Costs by Service Providers

[Adopted 5-12-2009 by Ord. No. 5501]

As used in this article, the following terms shall have the meanings indicated:

The Volunteer Fire Departments of Lake City, Girard (Dobler Hose) and/or Platea or designee of the Lake City, Girard (Dobler Hose) and/or Platea Fire Departments 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 Department or its designee.

FIRE DEPARTMENT

The Volunteer Fire Departments of Lake City, Girard (Dobler Hose) and/or Platea which provide fire protection and related services under agreements with the Township, and shall include for purposes of authorization to invoice and recover fees for services by designees or contractors of such Department and any fire department of another municipality providing services under any mutual aid agreement or dispatch under the E-911 system.

PERSONS

Any natural person(s), partnership, corporation, limited liability partnership or corporation, association, firm, insurance carrier, servicing agent or other legal entity.

§ 98-2 Authorization to recover costs and expenses.

A Fire Department or provider is hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, any agreements between the Township and the Fire Department and this article, 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.

Emergency Medical Service Providers are hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, agreements between the Township of Girard and the Lake City, Girard (Dobler Hose) and/or Platea Volunteer Fire Departments and between Fire Departments and any Provider pursuant to this article, 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.

Fire Departments 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 Department's or provider's business offices and shall be made available to persons upon request. The costs and expenses authorized by this article shall be submitted at least annually by the emergency medical service provider and the Fire Department to the Township Supervisors for approval by resolution as needed. Except for extraordinary situations involving charges not regularly incurred by the emergency medical service providers or Fire Department, only charges approved by motion at a public meeting shall be deemed reasonable and eligible for reimbursement.

§ 98-3 Collection of costs, expenses and fees.

Costs, expenses and fees authorized in § 98-2C of this article shall be charged, collected and recovered directly by the Lake City, Girard (Dobler Hose) and/or Platea Volunteer Fire Department, 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 the Lake City, Girard (Dobler Hose) and/or Platea Volunteer Fire Department or emergency medical service provider, as is applicable.

In addition to such costs, expenses and fees, Fire Departments and emergency medical service providers 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.

In addition to such costs, expenses and fees, in the event Fire Departments and emergency medical services providers 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.

§ 98-4 Violations and penalties.

Any person violating the provisions of § 98-3A and B of this article shall violate this article.

Any party invoiced pursuant to this article 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 Township.