Laserfiche WebLink
AMENDED AND RESTATED INTERLOCAL AGREEMENT <br />BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS, TEXAS <br />RELATED TO COOPERATIVE DISASTER RELIEF EFFORTS INVOLVING DEBRIS REMOVAL AND DISPOSAL <br />OF HOUSEHOLD HAZARDOUS WASTE <br />This Amended and Restated Interlocal Agreement related to cooperative disaster relief efforts <br />involving debris removal and disposal of household hazardous waste (this "Agreement ") is made this the <br />5th day of November, 2015 between Hays County, a political subdivision of the State of Texas (the <br />"County ") and the City of San Marcos, a Texas home rule municipality (the "City "), collectively "the <br />Parties ". The original Interlocal Agreement related to these matters was executed on or about the 6th <br />day of June 2015. <br />ARTICLE I. <br />RECITALS <br />WHEREAS, this Agreement is made under the authority of Sections 791.001- 791.029 of the <br />Texas Government Code, the "Texas Interlocal Cooperation Act" (the "Act), and is intended to create a <br />partnership between the Parties that will maximize disaster relief efforts made necessary due to a major <br />flooding event, such partnership to be, most likely, extended beyond debris removal in the near future; <br />WHEREAS, the Parties, in performing governmental functions or in paying for the performance <br />of governmental functions under this Agreement shall make that performance or those payments from <br />current revenues legally available to that party; <br />WHEREAS, the governing bodies of each party find that the subject of this contract is necessary <br />for the benefit of the public to eliminate immediate threats to lives, and to protect the public health and <br />safety of citizens of the County and City and that each party has the legal authority to perform and to <br />provide the governmental function or service which is the subject matter of this Agreement; <br />WHEREAS, flooding and inclement weather experienced on or about May 24, 2015 and October <br />30, 2015 have caused a significant amount of debris that needs to be hauled away from public streets <br />and rights -of -way and other areas within Hays County, including areas within the city limits of the City; <br />WHEREAS, President Barack Obama issued a Presidential Disaster Declaration on May 30, 2015 <br />for the City and County allowing for the recovery of both Public and Individual Assistance through the <br />Federal Emergency Management Agency (FEMA) and it is anticipated that a second Presidential Disaster <br />Declaration could be forthcoming for the flood that occurred on or about October 30,2015; <br />WHEREAS, the County has contracted with private contractors to provide debris removal <br />services, disposal of household hazardous waste services, as well as the necessary monitoring services <br />that are required by FEMA, the Federal Highway Administration (FHA), and other Federal, State and local <br />authorities; <br />WHEREAS, it would benefit the City to utilize the County contractor for work within its city <br />limits, and to have County provide the necessary monitoring, accounting, and reimbursement <br />applications to FEMA; <br />CoSM /Hays —Amended Disaster ILA <br />