Res 2015-066/ ILA with Hays County regarding Memorial Day Flooding

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Agreements in State and Local Governments and 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments. County shall request that reimbursing entities provide sufficient detail to ascertain which portions of the application for reimbursement have been granted or denied. If sufficient detail is provided, then each entity shall be responsible for the portions of its own costs that are denied. If sufficient detail is not provided, then the Parties shall endeavor to divide the portion of costs in the application on a pro rata basis. City's Finance Department and the Office of the Hays County Auditor shall meet within ten (10) business days of the effective date of this Agreement to confirm agreed upon accounting methods, and the Parties shall meet and confer periodically to confirm that practices are in compliance with agreed upon methods. 5.02 The Parties acknowledge that City has utilized and is utilizing resources in the extraterritorial jurisdiction of the City, and the Parties will cooperate to ensure proper reimbursement for the services will be sought from FEMA and provided to the City. ARTICLE VI. MISCELLANEOUS 6.01 Hold Harmless. The Parties agree to hold one another harmless for unavoidable loss, damage, or depreciation of public assets (e.g. public roadways, public parks, etc.) resulting from ordinary use and exposure associated with disaster debris removal operations. 6.02 Outreach. The Parties agree to assist one another in public outreach to inform residents on the proper way to segregate and place disaster debris on the right away, and to provide residents the status of disaster debris removal operations. 6.03 No Waiver of Immunity. This Agreement does not waive the rights of either Party under a legal theory of sovereign immunity. Nothing herein shall be deemed to alter or change the legal responsibility of either Party under existing law for general road repairs, nor will this agreement cause either Party to incur additional liability other than liability it would have under existing law without the existence of this Agreement. Since the Parties shall be performing governmental functions on behalf of one another, they shall further assist one another in asserting any and all sovereign governmental immunity rights or limitations in defending any claims made against them related to this Agreement. 6.04 Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the City and supersedes all prior negotiations, representations or arguments either written or oral. The Parties recognize that a standing agreement for general road maintenance already exists, but the Parties agree that the terms of this Agreement do not conflict with that existing agreement, which remains in effect. 6.05 Lawful Authority. The execution and performance of this Agreement by the County and the City have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of the County and the City in accordance with its terms. 6.06 Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless it is approved by the governmental body of each party as required by the Act, is in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 4 CoSM /Hays — Disaster ILA