[HISTORY: Adopted by the Board of Supervisors of Mount Pleasant Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-2019 by Ord. No. 149]
As used in this article, the following terms shall have the meanings indicated:
EMERGENCY SERVICE PROVIDER
The Mount Pleasant Township Volunteer Fire Department or its designee(s), including but not limited to any other service provider or authorized emergency responder providing mutual aid or assistance, such as the Mount Pleasant Township Police Department and the Mount Pleasant Township Public Works Department, providing emergency services, of any type, pursuant to a dispatch by the 911 system. These terms include but are not limited to any other emergency service provider providing emergency services under a mutual aid agreement or request by the Fire Department, Township, or its designee.
FIRE DEPARTMENT
The Mount Pleasant Township Volunteer Fire Department that provides all types of emergency services, and shall include, for purposes of authorization to invoice and recover fees for services, its emergency service provider designees or contractors, and any other fire or emergency services entities of another municipality providing services under mutual aid agreement or dispatched under the 911 system.
PERSON
Any natural person(s), partnership, corporation, limited liability partnership or corporation, association, firm, or other legal entity.
A. 
The Mount Pleasant Township Volunteer Fire Department is hereby authorized, pursuant to general laws and this article, to recover the usual, reasonable, and customary costs of materials used and expended, costs of equipment operation, including materials used for hazardous situation abatement, costs of special fire extinguishing agents used, and personnel services (including any administrative and/or contracted labor) used in or devoted to any fire, safety, rescue, and/or hazardous waste abatement incident and/or other emergency response incidents, including, but not limited to, vehicular accidents and fires.
B. 
Emergency service providers are hereby authorized, pursuant to general laws and this article, to recover from any responsible person(s) or their insurer 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 provision of emergency services and emergency transport.
C. 
It shall be the duty of the Fire Chief to generate an accurate incident report and invoice reflecting the reasonable costs incurred within 24 to 72 hours from the date of the incident and transmit said invoice to an identified insurance carrier or a third-party billing service for collection of funds. Copies of all invoices shall be submitted to Township Council and maintained as record by the Fire Department. Upon request, an invoice of itemized charges will be made available to the party being held liable for the cost recovery.
D. 
A claim detailing the reasonable costs outlined above shall be filed with an identified insurance carrier directly to be recovered by the Fire Department or emergency service provider, by an attorney, or through a third-party billing service acting as a contracted authorized agent for the collection of such costs. The identified insurance carrier shall remit payment of invoiced costs, expenses, and fees directly to the Fire Department or emergency service provider, as applicable. Notwithstanding the foregoing, the Township reserves the right, under appropriate circumstances involving grossly negligent, reckless, or intentional conduct, in its sound discretion after weighing and considering the degree of fault and financial circumstances of the responsible person(s), to authorize or seek to recover costs in whole or in part directly from the responsible person(s).
E. 
In addition to such costs, expenses, and fees, the Fire Department and emergency service provider are authorized to impose interest or finance charges upon invoiced amounts not paid within 30 days after the invoice date, at such rates as are authorized by the laws of Pennsylvania.
F. 
In the event that any insurance carrier should fail to pay any invoice with 30 days of the mailing or delivery of such notice of charges, the Fire Department and emergency service provider, attorney, or third-party billing service who mailed or delivered the invoice may enforce the provisions of this article by turning over to a third-party collection agency or, if deemed appropriate, may be enforced by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the Fire Department and emergency service provider. However, the Fire Department and emergency service provider shall not be obligated to pursue collection efforts.
G. 
In addition to such costs, expenses, and fees, in the event the Fire Department and emergency service provider are compelled to initiate private collection or legal proceedings to collect sums due, such Fire Department and emergency service providers, in addition to all costs, expenses, fees, and interest or service charges due, shall be entitled to recover in such proceeding all attorney's fees, collection agency fees, filing fees, and litigation expenses reasonably incurred in the proceeding to the extent permitted by law.
H. 
In the event that the person(s) involved in an incident does/do not have insurance, the Mount Pleasant Township Volunteer Fire Department will assume costs, and those costs will be covered through the Department's operating budget. Nothing herein shall be interpreted to limit the Department's and Township's exercise of its/their discretionary rights of direct recovery of fees and costs as reserved under Subsection D, above.
I. 
Nothing in this article shall authorize the Fire Department and emergency service provider to refuse or delay an emergency response to any person, firm, organization or corporation due to the lack of insurance coverage or ability to pay for said emergency response.
J. 
Except for recovery of costs incurred by the Township, the Township shall not be responsible for any aspect of the recovery of costs under this article. The Township shall have no obligation to assist the Fire Department and emergency service provider, or any third-party billing service, in the recovery of costs set forth under this article.
A. 
The Fire Department shall establish, and the Township shall from time to time adopt by resolution, a schedule of fees and costs, reflecting mitigation rates for the delivery of emergency and nonemergency services by the Fire Department for personnel, supplies and equipment to the scene of emergency and nonemergency incidents. The mitigation rates reflected in the schedule of fees and costs shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR), which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.
B. 
The schedule(s) of fees and costs, attached as Appendix A hereof, is hereby adopted, and it shall remain in full force and effect until amended by Township resolution from time to time.[1]
[1]
Editor's Note: Said appendix is on file in the Township offices.
C. 
The Fire Department and emergency service providers shall from time to time, as appropriate, prepare and establish, and submit to the Township for its approval and adoption by resolution, proposed updated schedules of fees and costs for their respective services.
D. 
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.