37.02 COST OF CLEANUP OR ABATEMENT.
Any responsible person shall have the duty to reimburse the City for and shall be liable for the payment of all costs incurred as a result of any cleanup or abatement resulting from any emergency action taken by the City or any agency at the direction of the City, including, but not limited to: actual labor costs of City personnel (including worker’s compensation benefits, fringe benefits and administrative overhead) costs of equipment, operation and materials obtained directly by the City, replacement of expended supplies and other costs incurred. Costs incurred under this section shall not include costs of actual fire suppression services, which are normally or usually provided by the Fire Department. The City shall prepare and forward to the responsible person a bill for the total costs and expenses incurred for which such person is responsible pursuant to this section; provided however, any cost in connection with any independent cleanup contractor may be billed directly by such contractor. Payment of the total bill from the City shall be made within 30 days of receipt. Reimbursement of costs incurred by State or other agencies responding to any such incidents through mutual aid agreements or other protocols is covered in this section. The City, its Fire Department, their officers, agents, and employees shall not have any liability or responsibility for any claim, injury or damage of any kind resulting from emergency action taken in response to a hazardous materials incident to which they respond.