[Adopted 12-28-2011 by Ord. No. 2010:10]
As used in this article, the following terms shall have the
meanings indicated:
The Somerdale Fire Department.
A natural person or persons, partnership, corporation, association,
firm or other legal entity.
The person having received emergency services provided by
the Fire Department.
The purpose of this article is to provide authority, procedures
and requirements to seek collection and reimbursement for the reasonable
costs of responding to such incidents by the Fire Department for fire
service calls, hazardous material incidents, environmental incidents,
and safety and rescue incidents coordinated via Camden County Dispatch
and 911 responses, and those that use hazardous material abatement
equipment and materials are also eligible for reimbursement.
The governing body of the Borough of Somerdale authorizes the
Somerdale Fire Department and/or Somerdale Borough to recover the
real and reasonable costs incurred for firefighting materials or equipment
used and expended; the costs of the use of fire trucks, fire engines,
rescue equipment, tankers and other vehicles; the costs of hazardous
situation abatement materials involved in any fire, safety and rescue
incident or operation, and hazardous abatement incident, including
vehicular accidents or fires.
A.
The Borough of Somerdale recognizes the Fire Department's need
to bill for volunteer fire, rescue and hazmat services to aid in the
provision of emergency services.
B.
No person requiring emergency services shall be denied services due
to lack of insurance or ability to pay.
C.
Any applicable charges for volunteer emergency services rendered
shall be billed directly to the user of such services or the user's
insurance company.
D.
The Borough of Somerdale and/or the Fire Department may, either directly
or through any third-party billing agency with which it has contracted
for billing and/or collections for volunteer fire, rescue and hazmat
services, makes arrangements with users of such services and/or their
financially responsible party for the installment payment of bills.
E.
The Fire Department shall provide a financial reporting to the Borough
of Somerdale's Chief Financial Officer on a semiannual basis
of:
(1)
The opening balance of funds on hand.
(2)
Amount of billings issued by the third-party biller.
(3)
Amount of collections in satisfaction of billings issued.
(4)
A detailed listing of any amounts disbursed, including the vendor
and purpose of disbursement.
(5)
The ending balance of funds on hand.
A.
The Borough of Somerdale and/or the Fire Department is hereby authorized
to enter into a contract with a third-party billing agency and/or
collection agency for the performance of emergency, rescue and hazmat
services billing and/or collection services, provided that the following
standards for third-party billing are met:
(1)
The third-party billing service is to be provided at a rate not to
exceed 20% of fees collected or at an amount consistent with the fair
market value for the services rendered.
(2)
Neither the billing agency nor any of its employees are subject to
exclusion for any user fee.
(3)
The billing agency is bonded and/or insured in amounts satisfactory
to the Borough of Somerdale.
(4)
The Fire Department shall solicit competitive proposals for the provision
of third-party billing services at least once every three years to
ensure these services are provided at the lowest competitive cost.
All documentation of this process shall be provided to the Borough
of Somerdale for review.
B.
The Borough of Somerdale and/or the Fire Department may, at its discretion,
bill additionally for material and vehicle costs in the case of any
major, extraordinary or unique incidents, including, but not limited
to, hazardous material spills, fire emergency and rescue incidents
that destroy or severely damage emergency services equipment.
C.
User fees.
(1)
Volunteer fire and rescue services shall initiate user fees for the
delivery of emergency services, supplies and equipment to the scene
of any hazardous material incident, environmental incident or safety
and rescue incident or operation, including vehicular accidents and
fires that occur and are responded to by the Fire Department.
(2)
Every person and/or utility that is provided with volunteer emergency,
rescue and hazmat services shall be billed a user fee in accordance
with this article.
(3)
The user fee for volunteer emergency services rendered shall be billed
directly to the user of such services' insurance company. If
the insurance company is not known, the user of services shall be
billed directly, with instructions to forward the bill to his/her
insurance provider.
(4)
Any and all amounts collected as a result of this article shall be
used exclusively for the replacement or maintenance of Fire Department
emergency services materials, equipment and training.
(5)
The Borough of Somerdale may implement rules and/or regulations and/or
revoke or amend existing rules and/or regulations as may be deemed
necessary for the billing and/or collection and use of user fees pursuant
to this article.
D.
Uncollectable accounts.
(1)
The user fee is anticipated to be paid by the user's insurance
company. In the instance where the Borough of Somerdale and/or the
Fire Department receives notification from the insurance carrier that
it will not honor the invoice, the Borough of Somerdale and/or Fire
Department is authorized to invoice the responsible party directly
and take any legal action necessary to collect the fee(s), including
negotiating a settlement.
(2)
The Borough of Somerdale and/or Fire Department may, at its discretion,
write off the uncollected fee amounts as a bad debt, without prejudice
to the responsible party.
(3)
Should the Borough of Somerdale and/or Fire Department determine
that an insurance carrier has remitted the fee to the responsible
party involved and that the party has failed to remit the fee, the
Borough of Somerdale and/or Fire Department are authorized to pursue
all legal means and appropriate action in order to collect the account.
Nothing in this article shall be construed to affect any suit
or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause of action acquired or existing, under any act
or ordinance hereby; nor shall any just or legal right or remedy or
any character be lost, impaired or affected by this article.
