[Adopted 3-24-2015 by Ord. No. 15-17]
As used in this article, the following terms shall have the meanings indicated:
- 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.
- The Town of Clinton Volunteer Fire Department.
- 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.
- 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.
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:
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.
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.
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.
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.