[HISTORY: Adopted by the Board of Supervisors of the Township
of Girard as indicated in article histories. Amendments noted where
applicable.]
[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.
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.
Any natural person(s), partnership, corporation, limited
liability partnership or corporation, association, firm, insurance
carrier, servicing agent or other legal entity.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
B.
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.