HomeMy WebLinkAboutCC 9 RECOVERY RIGHTS 03-19-90IAGEN��A
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CONSENT CALENDAR NO. 9
3-19-90
MARCH 13, 1990 Inter - Com
DATE: �!
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, DIRECTOR OF FINANCE
SUBJECT: RESOLUTION 90-38 ASSIGNING CERTAIN RECOVERY RIGHTS TO THE
ORANGE COUNTY -CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE
AUTHORITY
RECOMMENDATION:
Adopt Resolution 90-38 assigning the Orange County -City Hazardous
Material Emergency Response Authority the right to claim against
any person or entity responsible for any hazardous material
emergency to which a provider agency has responded, and to also
attempt to recover any costs born by the City of Tustin on it's
behalf.
DISCUSSION:
The County of Orange Fire Protection Agency has entered into a
Joint Powers Authority to provide hazardous material emergency
response on a Countywide basis. Agencies contracting with the
County for fire protection services receive the benefit of the HAZ
MAT response JPA as part of the total contract costs. Resolution
90-38 simply authorizes the JPA to bill for the recovery of it's
expenses, and further assigns them to attempt to recover City
incurred expenses on behalf of the City.
The City Attorney's Office has reviewed the Resolution and has
recommended adoption of the attached Resolution.
Ron d A. Nault
Director of Finance
Attachment
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RESOLUTION 90-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
REGARDING THE ORANGE COUNTY - CITY HAZARDOUS MATERIAL
EMERGENCY RESPONSE AUTHORITY AND ASSIGNING CERTAIN
RECOVERY RIGHTS TO SAID AUTHORITY
WHEREAS, the City
the Orange county Fire
rescue, fire prevention
of Tustin contracts for services from
Department with respect to fire fighting,
and emergency medical services; and
WHEREAS, the Orange County Fire
services to make hazardous material
available to the City of Tustin; and
Department augmented its
emergency response teams
WHEREAS, the County of Orange and the cities of Newport Beach,
Huntington Beach, Santa Ana and Anaheim ("Provider Agencies"),
contributed to the Authority their hazardous material emergency
response teams for a countywide effective and efficient system of
response; and
WHEREAS, the Authority will now provide hazardous material
emergency response services to its public agencies with the
combined resources of the provider agencies; and
WHEREAS, the Authority will provide hazardous material
emergency response services to City of Tustin without charge;
and
WHEREAS, all public agencies which receive hazardous material
emergency response services from the Authority must assign their
interests in collection of costs incurred by the Authority from
persons or entities responsible for the hazardous material
emergency response services; and
NOW, THEREFORE, BE IT RESOLVED that the City of Tustin:
1. Hereby assigns to the Orange County -City Hazardous
Material Emergency Response Authority all of its right, title and
interest in and to any claim or cause of action against any person
or entity responsible, in whole or in part, for any hazardous
material emergency to which a Provider Agency has responded. This
assignment shall include, without limitation, the right to collect
the reasonable value of all services performed by the Provider
Agency/Authority, and the right to recover punitive damages,
penalties, or statutory enhancements to the extent provided by law.
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2. The City of Tustin also hereby assigns to the Authority
for collection only, the right to collect, the costs incurred in
providing police, fire and other support services necessary or
appropriate to assist the Hazardous Material Emergency Response
Team in resolving the emergency or to contain or clean up hazardous
material. It is understood that the Authority shall, at no cost
to the City of Tustin, endeavor to collect all money to which the
City is entitled, in the same manner and at the same time as the
Authority pursues collection of its costs, and shall pay over all
funds to which the City of Tustin is entitled within thirty (30)
days of receipt.
PASSED AND ADOPTED this day of , 1990.
ATTEST:
Mary Wynn
City Clerk
City of Tustin
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Richard B. Edgar
Mayor