18-39 Resolution No. 18-39
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH FIRE RECOVERY USA, LLC FOR BILLING SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Fire
Recovery USA, LLC for performing billing services in connection with motor vehicle incidents
and other emergency incidents, a copy of which is attached hereto and made a part hereof by
reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 21, 2018
Adopted: March 21, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SERVICES AGREEMENT
This Services Agreement ("Agreement") is made effective as of March 21 , 2018
("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability
company ("Company"), and City of Elgin, Illinois, a municipal corporation ("Client"). The
Company and Client are referred to herein individually as a "party" and collectively as the
"parties."
RECITALS
WHEREAS, Company engages in the business of performing billing services
("Company Services") for United States Fire Departments in connection with the motor vehicle
incidents and other emergency incidents at which the Client provides emergency services: and
WHEREAS, Client seeks the services of Company to assist with the billing for services
that Client provides in connection with motor vehicle incidents and other emergency incidents;
and
WHEREAS, Company and Client desire to enter into this Agreement to memorialize
their agreements regarding the Company Services to be provided to Client.
NOW, THEREFORE, in consideration of the mutual representations, warranties and
covenants set forth herein and for other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, Company and Client agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement: Client hereby engages Company to provide the Company
Services described in Article 4 herein, and Client hereby accepts such engagement, all on the
terms and conditions set forth herein. Company will determine the method, detail and means
of performing the services detailed below.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
2.1. Representations and Warranties of Company: Company hereby represents and
warrants to Client that, at all times during the term of this Agreement, Company is a limited
liability company duly organized, validly existing and in good standing under the laws of the
State of California.
2.2. Representations and Warranties of Client: Client hereby represents and
warrants to Company that, at all times during the term of this Agreement, Client is, or Governs,
or Contracts with an organized fire department established pursuant to the laws and
ordinances of the state in which Client is located.
ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor: Company enters into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it
will not become an employee, partner, agent or principal of Client while this Agreement is in
effect.
3.2. Payment of Income Taxes: Company is responsible for paying when due all
income taxes, including estimated taxes, incurred as a result of the compensation paid by
Client to Company for services rendered under this Agreement. On request, Company will
provide Client with proof of timely payment. Company agrees to indemnify Client for any
claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from
Company's failure to comply with this provision.
3.3. Use of Employees or Subcontractors: Company may, at Company's own
expense, use any employees or subcontractors as Company deems necessary to perform the
services required of Company by this Agreement. Client may not control, direct, or supervise
Company's employees or subcontractors in the performance of those services.
3.4. Qualifications: Company represents that it is qualified and has the skills
necessary to perform the services under this Agreement in a competent and professional
manner, without the advice or direction of Client.
3.5. Ownership Interest: Company will have no ownership interest in Client.
3.6. No Benefit Contributions: Company shall have no obligation under this
Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to
any person employed or retained by Client.
3.7. Attorney-in-Fact: Client appoints Company as Client's attorney-in-fact for the
following purposes:
(a) Billing and Collections: To bill and collect ("Collections") all revenue earned by
and due to Client, in connection with Client's provision of emergency services
provided/rendered at the sites of motor vehicle incidents and other emergency
incidents, and to receive all Collections on Client's behalf and to sue for and
give satisfaction for monies due on account and to withdraw any claims, suits, or
proceedings pertaining to or arising out of Company's or Client's right to collect
such amounts; and
(b) Endorsement: To take possession of and endorse in Client's name any notes,
checks, money orders, and any other instruments received as Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service: Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be, in
Company's sole discretion, required to accomplish the tasks described herein to accomplish
the results for which the Company is responsible under this Agreement.
4.2. Company Services: Company agrees to perform the Company Services as set
forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated
herein by reference; including but not limited to such additional services as may be requested
by Client and accepted in writing by the Company during the term of this Agreement.
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Mitigation rates established as per ordinance are attached hereto and made a part hereof as
Exhibit A. This Agreement shall also be subject to and governed by the provisions of RFP No.
18-009 submitted February 13, 2018 by Company, which RFP is incorporated herein by
reference ("RFP"). In the event of any conflict between this Agreement, the RFP and/or Exhibit
A, the provisions of this Agreement shall govern. In the event of any conflict between the RFP
and Exhibit A, Exhibit A shall govern.
4.3. Non-Exclusive Relationship: Company may represent, perform services for, and
contract with as many additional clients, persons, or companies as Company, in Company's
sole discretion, sees fit.
4.4. Time and Place of Performing Work: Company may perform the services under
this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment: Company will supply all materials and equipment
required to perform the services under this Agreement.
4.6. Workers' Compensation: Company agrees to provide workers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless
and indemnify Client for any and all claims arising out of any injury, disability, or death of any of
Company's employees or agents.
4.7. Assignment: Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Company without the prior written consent of Client, which
consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services: All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compensation
amounts and schedule of remittance, set forth in the "List of Company Services," attached
hereto as Schedule A.
5.2. The provisions of Article 11 of this Agreement will govern any dispute
associated with compensation.
ARTICLE 6
OBLIGATIONS OF CLIENT
6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests
of Company and provide access to all documents reasonably necessary to the performance of
Company's duties under this Agreement.
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6.2. Assignment: Once a run is assigned to Company for processing, Company will
pursue collection until all efforts have been exhausted. While Company is pursuing payment
on a claim Client is precluded from assigning any duties or obligations under this Agreement to
any other party, without the written consent of Company. Client may not negotiate a
settlement of a run Company is processing without Company's written consent to the terms of
the settlement and compensation due to Company for processing the run. Once Company has
determined a run is not collectible it will either be archived and closed or sent to a collection
agency (only if Client chooses to do so). Sending an account to collection incurs additional
fees to Client. If payment is received from a collection agency, the amount received will be
posted to Client's account by Company. Company will reimburse Client at the rate set forth in
Schedule A, List of Company Services for that particular run, minus any additional fees from
the collection agency.
ARTICLE 7
CLIENT AUTHORIZATION
7.1. Authorization: Notwithstanding other provisions of this Agreement, Company
shall obtain authorization from Client prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or
encumbrance of Client's interest in any sums owed to Client; and
(b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1. Termination on Notice: Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement at any time by giving thirty days (30) written notice
to the other party without penalty.
8.2. Termination on Occurrence of Stated Events: This Agreement will terminate
automatically on the occurrence of any of the following events;
(a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the
other party; the parties agree that neither party will unreasonably withhold
consent to such an assignment.
(c) This Agreement shall terminate on December 31, 2020.
8.3. Termination for Default: If either party defaults in the performance of this
Agreement or materially breaches any of its provisions, the non-breaching party may terminate
this Agreement by giving written notification to the breaching party. Termination will take effect
immediately on receipt of notice by the breaching party or five days (5) after mailing of notice,
whichever occurs first. For the purposes of this paragraph, material breach of this Agreement
includes, but is not limited to, the following:
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(a) Company's failure to complete the services specified in the Description of
Services;
(b) Client's material breach of any representation, warranty or agreement contained
in this Agreement;
(c) Company's material breach of any representation, warranty or agreement
contained in this Agreement;
(d) Client's yearly billable run volume is at or below six runs (6).
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information: Any written, printed, graphic, or electronically or
magnetically recorded information furnished by Client for Company's use are the sole property
of Client. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Client's employees,
products, services, prices, operations, and subsidiaries. Company will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person
except with the Client's approval, and only to the extent necessary to perform the services
under this Agreement. This prohibition also applies to Company's employees, agents, and
subcontractors. On termination of this Agreement, Company will return any confidential
information in Company's possession to Client.
9.2 Confidential Information: Any written, printed, graphic, electronically or
magnetically recorded information, computer-based hardware, software, applications, software
scripts, or software links furnished by Company for Client's use are the sole property of
Company. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Company's employees,
products, services, prices, operations, and subsidiaries. Client will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person
except with the Company's approval, and only to the extent necessary to perform the services
under this Agreement. This prohibition also applies to Client's employees, agents, and
subcontractors. On termination of this Agreement, Client will return any confidential
information in Client's possession to Company. Notwithstanding anything the contrary herein,
the Client's good faith disclosure of any information or documents as may be required by law,
including, but not limited to the Illinois Freedom of Information Act (5 ILCS 140/1, et. seq.) shall
not constitute, and shall not be construed so as to constitute a breach of this Agreement.
ARTICLE 10
INDEMNIFICATION
10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify
and hold the Client harmless from and against any and all loss, damage, liability, claims and/or
injury resulting from all negligent actions performed by the Company, or its agents on the
Company's behalf, in connection with this Agreement. However, this indemnification shall not
apply with respect to any legal cause, action or consequential liability or losses as a result from
inaccurate or incomplete information or unfounded or unreasonable submissions furnished to
the Company by the Client nor shall it apply to any act, omission or negligence of the Client.
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ARTICLE 11
GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be subject to and governed by the laws
of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any
rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane
County, Illinois. Company hereby irrevocably consents to the jursidiction of the Circuit Court of
Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for
the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof;
and Company agrees that service by first class U.S. mail to the entity and address provided for
herein shall constitute effective service. Both parties hereto waive any rights to a jury.
11.2. Entire Agreement: This Agreement constitutes the entire agreement between
the Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understandings of the parties.
11.3. Successors and Assigns: Except as otherwise provided herein, the provisions
hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs,
executors and administrators of the parties hereto. No party may assign any of its rights or
obligations hereunder without the express written consent of the other party hereto, which
consent may not be unreasonably withheld; provided, however, any party may assign any and
all of its rights and interests hereunder to one or more of its affiliates and designate one or
more of its affiliates to perform its obligations hereunder; provided, however, that such party
remains liable for full and total performance of its obligations hereunder.
11.4. Notices: Any notices authorized to be given hereunder shall be in writing and
deemed given, if delivered personally or by overnight courier, on the date of delivery, if a
Business Day, or if not a business day, on the first Business Day following delivery, or if
mailed, three days after mailing by U.S. mail, and in each case, addressed, as follows:
If to the Company to: with a copy to:
Fire Recovery USA, LLC The Watkins Firm, APC
2271 Lava Ridge Court, Suite 120 4275 Executive Square, Suite 1020
Roseville CA 95661 La Jolla, CA 92037
Attention: Craig Nagler Attention: Chris Popov, Esq.
If to Client to: with a copy to:
City of Elgin
150 Dexter Court
Elgin, IL 60120
Attention: Purchasing Dept. Attention:
Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on
transmission confirmed electronically, or if at any other time or day on the first Business Day
succeeding transmission confirmed electronically, to the facsimile numbers provided above, or
to such other address or telecopy number as any party shall specify to the other, pursuant to
the foregoing notice provisions. When used in this Agreement, the term "Business Day" shall
mean a day other than a Saturday, Sunday or a Federal Holiday.
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11.5. Signature and Transmission: This Agreement may be signed in several
counterparts. This Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this Agreement, any signed copy of this Agreement transmitted by fax machine or
email shall be treated in all manners and respects as an original document. The signature of
any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered
for these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the
same binding legal effect as an original document. At the request of either party any fax or e-
mail copy of this agreement shall be re-executed by the parties in an original form. No party to
this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
11.6. Expenses: Each party shall bear its own expenses incurred with respect to the
preparation of this Agreement and the consummation of the transactions contemplated hereby.
11.7. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY
WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING
UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE
AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE
ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT
CONTEMPLATED HEREBY.
11.8 Cooperative Purchases: This Agreement may be used by other government
agencies. Company has agreed to offer similar serves to other agencies under the same or
similar terms and conditions as stated herein except that the revenue share percentage
(Compensation) may be negotiated between the Company and other agencies based on the
specific revenue expectations, agency reimbursed costs, and other agency requirements. The
Client will in no way whatsoever incur any liability in relation to specifications, delivery,
payment, or any other aspect of purchase by other agencies.
11.9 Interest: Company hereby waives any and all claims to interest on money
claimed to be due pursuant to this Agreement, and any and all such rights to interest to which
it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government
Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois Interest Act, as
amended (815 ILCS 205/1, et seq.).
11.10. Compliance with Laws: Notwithstanding any other provision of this Agreement, it
is expressly agreed and understood that in connection with the performance of this Agreement,
Company shall comply with all applicable federal, state, city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage, workplace safety and legal status of employees. Without limiting the foregoing,
Company hereby certifies, represents and warrants to the City that all of Company's
employees and/or agents who will be providing products and/or services with respect to this
Agreement shall be legally authorized to work in the United States. Company shall also, at its
expense, secure all permits and licenses, pay all charges and fees, and give all notices
necessary and incident to the due and lawful prosecution of the work, and/or the products
and/or services to be provided for in this Agreement. The City shall have the right to audit any
records in the possession or control of Company to determine Company's compliance with the
provisions of this section. In the event the City proceeds with such an audit, Company shall
make available to the City Company's relevant records at no cost to the City. Client shall pay
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any and all costs associated with any such audit up to the amount of$900.
11.13 Appropriation of Funds: The term of the Agreement is conditioned upon
satisfactory performance by the Company and appropriation of funds by the Client's City
Council. If no funds are appropriated for a year of the contract, services will not be provided
for that year and the remainder of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first written above.
COMPANY:
FIRE RECOVERY USA, LLC.
a California limited liability company
Avtii
•Signature: w
Name: M. Craig Nagler
Title: Manager
CLIENT:
City of Elgin
Signature: / gre/
Name (printed): Richard G. Kozal
Title: City Manager
Atte :
6(,y 46/,/}
C ty Clerk
F:\Legal Dept\Agreement\Fire Recovery USA Service Agr-redlined 3-7-18.docx
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SCHEDULE A
LIST OF COMPANY SERVICES
1. Company agrees to bill the responsible party on the Client's behalf for services
provided/rendered during motor vehicle incidents and other emergency incidents. The
Mitigation Rates lists in Exhibit A will increase by 1.5% annually or based on the annual
percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of
Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments
will occur on the anniversary date of this ordinance/resolution to keep the fire
department's cost recovery program in conformity with increasing operating expenses.
2. Company will provide, as a normal matter of business; entry of claims and submission
to the responsible party, collections of monies deemed due to the Client, payments of
the agreed upon percentage of said monies to Client, and reporting of progress.
3. Company agrees to bill to the best of its ability all claims provided to Company by the
Client.
4. Company will not begin litigation against a person, entity, or insurance carrier without
prior written approval by the Client.
5. Company agrees to reimburse Client a portion of the monies collected at a rate of 82%
(eighty-two percent) of the total monies collected on the Client's claims. Total monies
collected will be net, after any credit card processing fees (charged at 4%) or any
collection agency fees.
6. Company agrees to pay these monies collected to the Client on a monthly basis, within
seven (7)working days after the close and accounting of the monthly billing cycle.
7. Company agrees to make available reports via a password protected website to the
Client which detail billable claims outstanding (which are claims submitted, but not yet
completed)and claims completed in the prior billing cycle.
8. Company will not be responsible for, nor accept any liability for, any erroneous, invalid,
or illegal procedure codes or claims submitted to Company by the Client on the Run
Sheets.
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EXHIBIT A
MITIGATION RATES AS PER ORDINANCE
(See Following Pages)
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EXHIBIT A
Ordinance No. G47-11
AN ORDINANCE
AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "FIRE DEPARTMENT"
WHEREAS, incidents requiring fire and other emergency services response activities
continue to increase each year; and,
WHEREAS,compliance with regulations and requirements of the Environmental Protection
Agency,the Department of Homeland Security,and other governmental entities involve additional
equipment and training that create additional demands on all operational aspects of fire department
services; and,
WHEREAS,the City of Elgin has investigated different methods of maintaining a high level
of quality with respect to fire and other emergency services capability throughout times of constantly
increasing service demands; and,
WHEREAS, maintaining an effective response by the fire department of the City of Elgin
decreases the cost of incidents to individuals,businesses,and insurance carriers through timely and
effective management of emergency situations, saving lives, and reducing property and
environmental damage; and,
WHEREAS,increasing property taxes to meet the increases in service demands would not be
equitable to property owners when a portion of those taxes is already utilized to provide for such
services; many of the motor vehicle incidents and other emergency services provided by the fire
department involve individuals not owning property or paying taxes in the City of Elgin; and the
ability of the fire department to effectively respond decreases the liability of insurance companies by
saving lives and minimizing property and environmental damage; and,
WHEREAS, the City Council desires to establish and implement a program to collect
mitigation rates for the deployment of certain emergency services by the fire department of the City
of Elgin for services provided and/or rendered by the fire department; and,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and,
WHEREAS,as a home rule unit the City of Elgin may exercise any power and perform any
function pertaining to its government and affairs including,but not limited to,the power to regulate
for the protection of the public health, safety, morals and welfare, and the power to abate public
nuisances; and,
WHEREAS,an ordinance providing for the collection of mitigation rates for the deployment
of certain fire and emergency services by the fire department pertains to the government and affairs
of the City of Elgin and is in the best interest of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled
"Fire Department" be and is hereby amended by creating a new section 2.40.225, entitled
"Mitigation Rates for Certain Emergency Services,"to read as follows:
"2.40.225: MITIGATION RATES FOR CERTAIN EMERGENCY SERVICES
The city hereby establishes cost mitigation rates for the deployment of certain emergency
services by the fire department of the city for services provided and/or rendered, including
the provision of personnel, supplies and equipment to the scene of motor vehicle incidents
and other emergency incidents as provided below,which are based on the actual costs of the
services and those costs that are usual, customary and reasonable (UCR):
A. MOTOR VEHICLE INCIDENTS
Level 1 - $435.00
Provision of hazardous materials assessment, scene stabilization and basic response
services.
Level 2 - $495.00
Includes provision of Level 1 services, as well as clean up and material used(sorbents)
for hazardous fluid clean-up and disposal. Billing at this Level will occur if the fire
department of the city must clean up any gasoline or other automotive fluids that are
spilled as a result of the accident/incident.
Level 3 - $605.00
Relating to a car fire, provision of scene safety, fire suppression, breathing air, rescue
tools, hand tools, hose, tip use, foam, exposure protection, and clean-up of gasoline or
other automotive fluids that are spilled as a result of the accident/incident.
Level 4 - $1,800.00
Includes provision of Levels 1 and 2 services,as well as extrication(heavy rescue tools,
ropes,airbags,cribbing,etc.). Billing at this Level will occur if the fire department of the
city is required to free/remove anyone from the vehicle(s)using any powered equipment.
Billing at this Level will not occur if the person to be extricated is unconscious or unable
to move and the fire department is able to open a door to the vehicle to access and safely
remove the person.
Level 5 - $2,200.00
Includes provision of Levels 1, 2 and 4 services as well as Air Care (multi-engine
company response, mutual aid, helicopter). Billing will occur at this Level any time a
helicopter is utilized to transport the patient(s).
Level 6—Itemized Response (Billed to Residents and Non-Residents As Appropriate)
In the case of an unusual incident,the fire department of the city may bill each incident as
an independent incident with actual costs and/or customary mitigation rates using
itemized rates deemed usual, customary and reasonable (UCR). Such incidents will be
billed using itemized amounts for apparatus and personnel,plus products and equipment
used.
B. HAZMAT
Level 1 - Basic Response - $700.00
Provision of basic response services including engine response, first responder
assignment, perimeter establishment, evacuations, set-up and command.
Level 2 - Intermediate Response - $2,500.00
Includes provision of Level 1 services as well as hazmat certified team and appropriate
equipment,Level A or B suit donning,breathing air,detection equipment,and set-up and
removal of decon center as necessary.
Level 3 - Advanced Response - $5,900.00 (Includes 3 hours of on-scene time — each
additional hour in excess of 3 Hours is $300.00 per HAZMAT Team)
Includes provision of Levels 1 and 2 services as well as robot deployment,recovery and
identification of material, disposal and environmental clean-up. Also includes any
disposal rates for contaminated equipment and material used at scene.
C. PIPELINE INCIDENTS/POWER LINE INCIDENTS(Includes,but not limited to:Gas,
Sewer, Septic to Sewer, and Water Pipelines)
Level 1 —Basic Response - $400.00
Provision of basic response services including engine response, first responder
assignment,perimeter establishment,evacuations,first responder set-up and command.
Also includes inspection without damage or breakage.
Level 2 - Intermediate Response - $1,000.00
Includes provision of Level 1 services as well as hazmat certified team and appropriate
equipment, Level A or B suit donning, breathing air, detection equipment, and the
supervision and/or assisting of pipeline repair.
Level 3 - Advanced Response - Itemized Claim Charges
Includes provision of Levels 1 and 2 services as well as supervision and or assisting of
intermediate to major pipeline damage, set-up and removal of decon center, detection,
recovery and identification of material, disposal and environmental clean-up.
D. FIRE INVESTIGATION
Fire Investigation Team - $275.00 per hour.
Fire investigation services include scene safety, investigation, source identification, K-
9/Arson Dog Unit,identification equipment,mobile detection equipment and fire report.
The claim begins when the fire investigator or investigation team responds to the incident
and is billed for logged time only.
E. FIRES
Assignment- $400.00 per hour, per engine/$500.00 per hour, per truck
Fire services include scene safety, investigation, and fire/hazard control.
F. WATER INCIDENTS (Billed to Non-Residents Only)
Level 1 - Basic Response - $400.00 plus $50.00 per hour, per rescue person
Provision of basic response services including engine response, first responder
assignment,perimeter establishment,evacuations,first responder set-up and command,
scene safety and investigation (including possible patient contact and hazard control).
Level 2 - Intermediate Response - $800.00 plus $50.00 per hour, per rescue person
Provision of Level 1 services as well as clean-up and material used (sorbents), minor
hazardous clean-up and disposal. Billing will occur at this Level ifthe fire department of
the city must clean up small amounts of gasoline or other fluids that are spilled as result
of the incident.
Level 3 —Advanced Response - $2,000.00 plus $50.00 per hour,per rescue person and
$100.00 per hour per HAZMAT team member.
Provision of Levels 1 and 2 services as well as D.A.R.T. activation, donning breathing
apparatus, detection equipment, set up and removal of decon center, recovery and
identification of material, and disposal and environment clean up. Also includes any
disposal rates of contaminated equipment and material used at scene.
Level 4—Itemized Response
In the case of an unusual incident,the fire department of the city may bill each incident as
an independent incident with actual costs and/or customary mitigation rates using
itemized rates deemed usual, customary and reasonable(UCR). Such incidents will be
billed using itemized amounts for each trained rescue person plus rescue products and
equipment used.
G. SPECIAL RESCUE
Itemized Response — Minimum of $400.00 per hour, per emergency response, plus
$50.00 per hour, per rescue person.
Each incident will be billed in accordance with actual costs and/or customary mitigation
rates using itemized rates deemed usual, customary and reasonable("UCR"), subject to
the minimum amounts set forth above. Such incidents will be billed using itemized
amounts for each apparatus and each trained rescue person per hour,plus rescue products
and equipment used.
H. CHIEF RESPONSE
Itemized response - $250.00 per hour.
Chief response services will be charged when the Fire Chief for the fire department of the
city directly responds to an incident, including the set-up of command and providing
direction of the operations, safety, and administration of the incident.
I. IMPLEMENTATION AND PROCEDURES
1. The mitigation rates above are flat fees,except for itemized responses,and have been
determined to be usual, customary and reasonable for the incident responses listed.
The mitigation rates were determined by itemizing costs for a typical incident(from
the time a fire apparatus leaves the station until it returns to the station)and are based
on the actual costs, using amortized schedules for apparatus (including useful life,
equipment, repairs, and maintenance) and labor rates (based upon an average
department's "actual personnel expense," and not just a firefighter's basic wage).
The actual personnel expense includes costs such as wages, retirement, benefits,
workers' compensation, insurance, etc. When a claim is submitted, it will be
itemized and based on the actual services provided in accordance with the above
rates.
2. The mitigation rates shall represent an additional cost of the claim for damages of the
vehicles,property and/or injuries,and shall be filed with the insurance carrier of the
owner of the vehicle,owner of the property,or the responsible party(ies)as set forth
above. In some circumstances, the responsible party will be billed directly.
3. The costs and mitigation rates set forth in this section shall not be charged to any
person that is a resident of the City of Elgin at the time of the incident for which the
charges were incurred.
a. For the purposes of this section, a"resident" is defined as the following: (i)any
person that maintains his or her permanent residence within the corporate limits
of the City of Elgin; (ii)any person that is the majority owner of a business that
operates from real property that is owned by the business and located within the
City of Elgin; or(iii)any business that operates from real property that is owned
by the business and located within the City of Elgin.
b. For the purposes of this section, a"business"includes any joint stock company,
corporation, association, joint venture, limited liability company, club or
partnership, whether for-profit or not-for-profit.
4. Responses involving intoxicated drivers, hazmat clean-up, intentional or negligent
acts, or any act that violates any local, state or federal law or regulation, may be
subject to all applicable mitigation rates regardless of residency.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented:November 16, 2011
Passed: November 16, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 16, 2011
Published:November 18, 2011
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk