Res 2015-164/approving and ratifying an amended and restated Interlocal agreement with Hays County related to cooperative disaster relief efforts involving debris removal and disposal of household hazardous waste

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WHEREAS, the County is willing to allow its contractor to perform such work for City, and to utilize its employees to supervise such contractor, as well as to file applications with FEMA and /or other appropriate agencies for reimbursement; WHEREAS, the City intends to also provide cooperative assistance and dedicate its resources for the benefit of areas outside of its city limits, particularly areas within its Extraterritorial Jurisdiction that are within close proximity to the City; and NOW THEREFORE, Pursuant to the authority granted by the Act providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the promises and mutual promises contained herein, agree as follows: ARTICLE II. DEBRIS MANAGEMENT WITHIN MUNICIPAL BOUNDARIES 2.01 Upon written request from the City, to include electronic communications, County agrees to collect storm debris from municipal streets and rights -of -way using the County's contracted debris - hauling company and monitoring consultant. City shall have the right to request County to conduct debris removal activities in all or any part of the City. Should City elect to have County conduct debris removal activities in only a part of City, the written request shall specify the exact location where removal shall occur. City shall not conduct debris removal activities in areas of the City where it has requested that County perform this service. County shall not perform debris removal activities in the City other than along county maintained roads, unless requested by City. After written request from City to proceed, to include electronic communications, City shall have the right to terminate its request by providing written notice to County, however, in such case, City shall be responsible for any costs and expenses incurred by County up to the date of termination. 2.02 In most cases, unless the flood of October 30, 2015 is not declared and eligible for FEMA reimbursement, it is anticipated that FEMA and /or other appropriate agencies will be reimbursing a portion of the cost of such storm debris hauling services. In addition, it is anticipated that the State of Texas may also cover some of the remaining cost. County agrees that it shall make any payments necessary in order to have the debris hauled and monitored by its contractors, pending Federal and /or State reimbursement. City agrees to reimburse County its share of the debris collection cost not covered by FEMA or the State. The calculation of the City's share will be determined by the actual volume of material collected within the corporate limits of the City based on trip sheets generated by site monitors at the time debris is delivered to County- designated collection sites. It is understood that Federal and /or State reimbursement and auditing activities may take up to several years after the event and debris removal before a final resolution occurs; at the time such final resolution occurs, County and City shall agree on a complete accounting and share of costs for such debris removal, pursuant to Article V below. 2.03 Vegetative debris must be loose, not bagged; to ensure only vegetative debris is present (no garbage, metal, etc.) as this can damage the mulching machines. The size of the individual debris (i.e., tree limbs) should be manageable. Class III debris (construction debris such as shingles, wood, drywall, glass, etc. as defined by FAC 62 -701) and tree stumps may not be picked up unless Federal and /or State Agencies have authorized such pick up. The Parties agree that material that does not meet the criteria for pick up or has not been approved by Federal or State Agencies for pick up may remain where it rests during the debris removal effort. 2 CoSM /Hays —Amended Disaster ILA