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Home My WebLink AboutContract 55724CSC No. 55724 U. S. Deps�rtment ofHomeland Security Region Vl 800 N Loop Road 288 Denton, TX 76209 o�Q�ara�Fti �� FEMA F�qHD SEGv LICENSE/USE AGREEMENT l, Parties. The Parties to this Agreement are the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), and The City of Foi�t Woi�th (Licensor.) 2. Authorrity. This Agreement is authorized under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207, et seq. 3. Purpose. FEMA desires to use, and the Licensor agrees to license and permit FEMA to use the following described property (hereinafter referred to as the "Premises") at no cost to FEMA: Fort Woi�th East Library 6301 Bridge St. Ft. Woi�th, TX 76112 Outreach event will take place on the premises of Fox•th Worth East Library. Use of parlcing lot and restroom facilities provided by licensor for use. 4. Scope. The Licensor will authorize FEMA the use of the premises identified above for the following purposes: The premises will be used for FEMA to provide targeted outreach operations for FEMA staff to assist will registering citizens in the community affected by the winter storm (DR- 4586-TX). FEMA will provide all required equipment and supplies for the operation (i.e. tables, chairs, IT equipment, COVID 19 protective equipment for staffl. Hours of operation for the outreach event will be May 15, 2021; 10:00 a,m. — 3:00 p.m. 5. Duration. This Agreement shall become effective upon execution and expire no later than the 15th of May 2021, 4:00 p.m., unless terminated prior to that date by either pai�ty. The Agreement may be extended by mutual consent of the pai�ties. 6. Duties and Responsibilities. a. Licensor shall: 1) At no cost to FEMA, maintain the premises in good repair and condition, and supply utilities including heat, air conditioning, light, ventilation, sanitation, trash removal, and cleaning seivices during the period of this Agreement unless FEMA enters into separate agreements to provide for utility, sanitation and cleanings services; OFFICIAL RECdRD CITY SECRETARY 1 FT. VII�RTH, TX 2) Provide FEMA with any lceys or other instruments necessary to access the Premises, as needed by FEMA, and coordinate with FEMA to assist with limiting the access of third patties; 3) Maintain at Licensor's own expense existing electrical service, and all other utilities including water and sewer for the duration of this Agreement, unless separately metered and contracted for by FEMA under separate agreements; 4) Permit FEMA to provide, as necessaiy, office furniture and equipment for its use. This property and other removable property provided by FEMA necessary to carry out the intended use of the Premises will remain FEMA property in the exclusive control and authority of FEMA in accordance with FEMA 119-7-1, and will be removed by FEMA upon termination of this agreement; 5) Permit FEMA to make other minor altet•ations to the Premises such as the installation of signage, which will be removed upon termination of the Agreement; and, 6) It is acknowledged by the Parties that Licensor is self-insut�ed pursuant to state law. b. FEMA. shall; 1) Maintain the Premises in clean and orderly condition; 2) Surrender the Premises in the same state and condition as it was in at the commencement of FEMA use and occupancy, excepting normal wear and tear which, excluding upgrades made in accordance with paragraph 6a(4) above and the removal of any items installed in accordance with 6a(5) above, does not include holes or structural changes; 3) Permit the Licensor to enter the Premises with approval of the designated FEMA Point of Contact, or as otherwise coordinated for routine enri•y or shared use, as described in paragraph 3 of this Agreement. 7. Non-Fund Obligating Agreement. Nothing in the Agreement shall authorize FEMA to obligaie or transfer any funds in connection with FEMA's use and occupancy of the Premises. Any additional work or activiiy that would require the tcansfer of funds or the provision of goods or services among the parties will require execution of a separate agreement and will be contingent upon the availability of appropriated funds. Such activity must be independently authorized by appropriate statutoiy authority. This Agreement does not pxovide such authority. 8. Liability. Licensor and the United States each agree to be responsible for the negligent or wrongful acts or omissions of their respective employees arising under this agreement. The parties agree -- subject to any limitations imposed by law, rule, or regulation -- to cooperate in %J good faith to resolve any claims promptly and, whenever appropriate, without litigation. For all claims or suits arising under this agreement, each party's designated legal representatives will, within (7) calendai• days of �eceipt, provide each other's designated legal t•epresentatives copies of any documents memox•ializing such claims. Nothing in this Agreement shall be construed as a waiver of any sovereign immunity of the United States. The Federal Toi�t Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2671-2680 provides the exclusive monetary damages remedy for allegedly wrongful or negligent acts or omissions by federal employees within the scope of their employment. It is also understood and agreed that by execution of this Agreement, Licensor does not waive or surrendez• any of its governmental powe�•s or immunities. 9. Compliance with Applicable Law: The Licensor shall comply with all Federal, State and local laws applicable to the Licensor as owner, or Licensor, or both of the Premises, including, without limitation, laws applicable to construction, ownership, alteration or operation of both or either thereof, and will obtain and maintain all required and permits, licenses and similar items, at no cost to FEMA, 10. Proper Use of Premises. Licensor warrants that the Prennises may be used for the pui•poses intended by FEMA as described in this Agc•eement. Nothing in this Agreement shall be construed to create a duty on FEMA to inspect for toxic material or latent environmental conditions which could be affected by FEMA's intended use of the Premises, Any known environmental conditions which could affect FEMA's use of the Premises, Icnown to the Licensor, must be disclosed to FEMA. 11. Integrated Agreement: This Agreement contains the entire agreement of the parties. No agreement outside of this document can alter these provisions. Any changes to this Agreement must be made in writing with the mutual consent of the paa�ties. 12. Points of Contact, a. The FEMA Point of Contact is: Allen Lee LOG CHIEF (202) 230-9712, allen.lee@fema.dhs.gov b, The Licensor's Point of Contact is: Sylvia Pollc Fort Worth Public Library- East Regional Branch Manager (817) 392-5558, sylvia.pollc@fortwoi�thtexas.gov 13. Other Provisions. Nothing in this agreement is intended to conflict with current law or regulations or the directives of DHS/FEMA. If a term of this agreement is inconsistent with any such authority, then that ternn shall be invalid, but the remaining tea•ms and conditions of this agreement shall �•emain in full force and effect. 5/14/2021 Adobe Sign, an Adobe Document Cloud Solution 14. ISfI'uetive D&te 9'he terms o�this egn:cment will �ecome aft�ctivc on tha dato oFsignntw�e of tlie authoriry rcpr�.aentaUves oP'all perlics. 15, Madificutiun.'Iliis agrcemant.muy be modi .fied upon {he mutual wrilten consent of tlte pnrli�s. 16, Audlt, I•Cany money is nxclyanged as pa�i oF,lriis Agreement, than the Yartios sh�ll liavc tl�a righrto riudit thc perrinent rebnrds ot'thu olherPejated w any monetery cxchangc undcr thls Agre�mcnt (colleclivcly "ltee;ortls") ai crny 6me during �ha'Ccrm of this Agrecme�it nnd for 6 monihs therenflur. Ii Is exprossl}^undcfsWod tl�ac no tnnney is beu�g excl�enged ns part of Ih is Agreement. APPROVLFI AY: ZSG�fZGL �GGY'GiILI�U�� Dana Burghdoff (N ay 14, 2 18�UL1 .25 CDT) � D�� B�Rhaare - _ Aesistant City Nfunager, Li6iary Dahartmant M ay 14, 2021 6ota; _ . .� uti ��(nur�,.�ani ,4�eri M. L.e-�- May 14; 2021 —� � _�.��. �-- Allen Leo LOd CHIE.r Pedernl F.niergency Managcment ARency Uate _ S" %T��iZ.l. __, OFFIGIAL RECORD CITY SECRETARY FT. VIIQRTH, TX https://foriworthtexas.na1.adobesign.com/publlc/esign?tsid=CBFCIBAA3AAABLbIqZhDSd_9LvAiKl1 T3D2qN WSgwNqV9HdhdNZ3FudebR-XZF7o8KB ... 5/7 U.�. DEPAR'TMEIVT OT �(3MLLANA SECU1tI'i'Y l�'�;llE42AL F,MF.RGENCY MANACEMENT ACENCY LICENSE/US� AGREEMCNT APPROVE�Dc i �, '�wL:';S . � .'�c4.. c.�. Vict�r Turner, Direcior Neighhorhaod Services hPPR VEU AS T4 TORM ANU �,EGAI,I'T�': (�—� � �V , ,.,` �.,� - � , T Ssikt� J. Wifliams A�si�tant C:ily Att�rney ATT�ST: � � 1 ?.� Mary T. Kayser CitX Secr�tary tiy �i�ting betow, 1 Acknowledge that i am tl�e persoli responsiblc far thc monitoriz�g and adtninistrati�n oi'this cont�ct, includin� ensurin� a11 perfarmanc� .u►d reporting reyuirements. �1..}+� "r� Monique I-Iili, Dis�tric;t Superintendent Nei�hhnrhood Services OFFIGIAL RECORD CITY SECRETARY FT. VIIQRTH, TX