As used in this article, the following terms shall have the
meanings indicated:
COSTS
All costs incurred by the Department, including but not limited
to the following: actual labor costs of personnel, including workers'
compensation benefits, fringe benefits and administrative overhead;
cost of equipment operation; cost of materials; and the cost of any
outside contract for labor and materials.
DEPARTMENT
The Town of Clinton Volunteer Fire Department.
MATERIALS
All materials, including but not limited to firefighting
foam, chemical extinguishing agents, absorbent material, sand recovery
drums, and specialized protective equipment, such as acid suits, acid
gloves, goggles and protective clothing.
PERSON
Any public or private corporation, company, association,
society, firm, partnership, joint-stock company, individual, or other
entity.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge,
oil refuse, oil mixed with other wastes, crude oils and substantives
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
The governing body of the Town of Clinton authorizes the Department
to recover the costs of firefighting materials used and expended;
the costs of the use of the fire trucks, fire engines, rescue equipment,
and tankers; and the costs of personnel hours involved in a vehicular
accident wherein there is sufficient damage for the owner of the real
property or vehicle to file an insurance claim for the loss.
Below is a schedule of fees and costs to be charged and invoiced
by the Department to any person or its insurance carrier for whom
or for whose property such services were rendered and/or materials
provided.
Type of Incident
|
Description
|
Fee
|
---|
Vehicle incidents
|
Vehicle fires and crashes substantial enough to cause the Department
to use tools and skill (or extinguishing agent) to bring the incident
under control
|
$750 per vehicle
|
Reimbursement to the Department as hereinbefore indicated shall
be made by the owner or operator of the vehicle responsible for fire.
The Department is hereby authorized to bill and collect costs
due to it under this article through a third-party billing agent,
provided that any such agreement with any professional agency engaged
in the business of emergency response billing shall be subject to
the approval of the Town Council.
Said costs and fees as outlined above and as set forth on the
schedule of fees and costs herein shall be recovered directly by the
Department, or through a third-party professional agency engaged in
the business of emergency response billing under a contract with the
Department, by billing to the responsible party.
In addition to the aforementioned fees and costs, the Department
is hereby authorized to collect reasonable interest and administration
fees for the collection of the fees and costs due and owing from the
insurance companies or responsible parties for the services rendered
and/or materials provided.
The Department shall provide a monthly report to the Town Council
detailing all billing and receipts under this article.
Any person or entity responsible for any vehicle fire shall
reimburse the Department pursuant to the schedule of fees hereunder
or provide proof it has submitted a claim to its insurance carrier
for payment within 45 days after receipt of a statement from the Department
outlining said costs and expenses. These provisions shall be subject
to the following:
A. Persons receiving services from the Department shall cooperate with
the Department or other billing personnel hired by the Department
to secure full payment for services rendered from any necessary insurance
carrier.
B. Due to anticipated time requirements for the preparation and processing
of insurance claims, parties that have provided proof of a claim to
their insurance carrier shall not be charged interest or be subject
to penalties hereunder.
C. Responsible parties under this chapter shall ensure that the Department
is authorized to receive any payments from an insurance carrier as
required by this article.
D. The Department reserves the right to determine that a bill is uncollectable
by reason of unavailability of insurance coverage and be written off.
Any person violating any provisions of this article and responsible
for any vehicle fire within the service area of the Department who
fails to reimburse the Department as provided herein or submit a claim
to the appropriate insurance carrier within the time required shall
be liable and subject to a penalty and/or a fine for each violation
and each offense in accordance with the Code of the Town of Clinton.