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HomeMy WebLinkAbout121-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 121-20 File Number: 2020-0327 UNIVERSITY OF ARKANSAS MEMORANDUM OF UNDERSTANDING: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS TO PROVIDE HOUSING TO FAYETTEVILLE FIRE AND POLICE DEPARTMENT PERSONNEL WHO NEED TO QUARANTINE WHEREAS, the Fayetteville Fire Department has been researching possible housing alternative for Fire Department personnel who may need to quarantine due to Covid-19 exposures or sickness; and WHEREAS, the University of Arkansas is willing to provide housing, which would also be available to Police Department personnel; and WHEREAS, the cost for housing will be $30.00 per night plus fees for linens, laundry and decontamination for an average cost of $350.00 per week. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Memorandum of Understanding between the City of Fayetteville and University of Arkansas for the housing of Fayetteville Fire Department and Police Department personnel who need to quarantine due to Covid-19 exposure or sickness for the costs set forth in Exhibit B to the contract. PASSED and APPROVED on 4/21/2020 Page 1 Prtnted on &2=0 Resolution: 121-20 File Number.' 2020-0327 Attest: �RK1j TRlt,s FAYETTEVUE : Kara Patton, City Clerk Treasury : Page 2 Printed on 4122120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 r ' y (479) 575-8323 Text File "M, PIP File Number: 2020-0327 Agenda Date: 4/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A 7 UNIVERSITV OF ARKANSAS MEMORANDUM OF UNDERSTANDING: A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS TO PROVIDE HOUSING TO FAYETTEVILLE FIRE AND POLICE DEPARTMENT PERSONNEL WHO NEED TO QUARANTINE WHEREAS, the Fayetteville Fire Department has been researching possible housing alternative for Fire Department personnel who may need to quarantine due to Covid-19 exposures or sickness; and WHEREAS, the University of Arkansas is willing to provide housing, which would also be available to Police Department personnel; and WHEREAS, the cost for housing will be $30.00 per night plus fees for linens, laundry and decontamination for an average cost of $350.00 per week. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Memorandum of Understanding between the City of Fayetteville and University of Arkansas for the housing of Fayetteville Fire Department and Police Department personnel who need to quarantine due to Covid-19 exposure or sickness for the costs set forth in Exhibit B to the contract. City of Fayetteville, Arkansas Page 1 Printed on 412212020 Agenda Session Walk On 4/14/20 City of Fayetteville Staff Review Form 2020-0327 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Brad Hardin 4/13/2020 FIRE (300) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title 15 - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. The cost will vary based upon the level of usage/need to quarantine Fire Department employees. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: April 13, 2020 CITY COUNCIL MEMO SUBJECT: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. RECOMMENDATION: Staff recommends Council Approval and the Mayor's signature on a Memorandum of Understanding (MOU) with the University of Arkansas to provide housing to Fayetteville Fire Department personnel who need to quarantine. BACKGROUND: The Fayetteville Fire Department has been researching and trying to identify possible housing alternatives for Fire Department employees who may need to quarantine due to Covid-19 exposures or sickness. The University of Arkansas is willing to provide housing to assist with this concern. DISCUSSION: This Item is a walk-on to the City Council Agenda because The Fayetteville Fire Department just received the latest version of the Memorandum of Understanding on April 10, 2020. If this Memorandum of Understanding is approved, it will provide adequate housing arrangements for Fire Department employees. This will enable Fire employees to quarantine as deemed necessary due to COVID medical matters. BUDGET/STAFF IMPACT: The Budget Impact will vary based upon the needed usage of housing for quarantining Fire Employees. The funds will be related to Emergency COVID Response. Attachments: Memorandum Of Understanding Documentation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Memorandum of Aereement t � This Agreement is made and entered into, effective on the I 5 day of April 2020, by and between the following entities, collectively referred to as the "parties": The City of Fayetteville, Arkansas, a municipal corporation under the laws of the State of Arkansas (hereinafter referred to as the "City"), including the Fayetteville Police Department ("FPD") and the Fayetteville Fire Department ("FFD"); and The Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, Fayetteville, an educational institution and public body of the State of Arkansas (hereinafter referred to as the "University" or "UAF"). FPD and FFD may, from time to time herein, be collectively referred to as the "First Responders." WHEREAS, the 2019 novel coronavirus, or COVID-19, is a very contagious respiratory virus that can cause mild to severe illness and, in some cases, become life -threatening; and WHEREAS, the global transmission of COVID-19 has resulted in its classification by the World Health Organization as a pandemic; and WHEREAS, the rapid spread of COVID-19 across the United States has become a national health crisis, with confirmed cases in all fifty states; and WHEREAS, as of the date of this drafting, there were 1,000 confirmed cases of COVID- 19 in Arkansas (and 29 in Washington County), with a steady increase that, according to some projections, may not reach its peak until late -April to early June; and WHEREAS, the First Responders are and will continue to be on the front lines of the community's response to this health crisis, and by doing their jobs caring for and protecting the Fayetteville community, may face increased exposure to COVID-19; and WHEREAS, the University wishes to continue its partnerships with the First Responders and offer its assistance in the face of this COVID-19 health crisis; and WHEREAS, the First Responders have requested the University to provide temporary residential accommodations in certain University Housing facilities on the Fayetteville campus for use by some number of their employees over the course of the COVID-19 health crisis (hereinafter, the "Emergency Housing"); and WHEREAS, the First Responders collectively anticipate that they may require Emergency Housing some number of their employees (approximately 5 to 24 FFD employees and approximately 6 to 30 FPD employees), on a rolling basis, over the course of the COVID-19 health crisis in the event that such employees require segregated housing or quarantine/isolation as a result of exposure to COVID-19 (hereinafter, the "Occupants"); and WHEREAS, subject to the terms and conditions of this Agreement, the University does not anticipate that the University's provision of Emergency Housing will disrupt the educational mission of the University or the regularly scheduled use of University Housing facilities during this time; and WHEREAS, the best interests of the Fayetteville community and, in turn, the University itself, will be advanced by allowing the First Responders to utilize the Emergency Housing for this purpose; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties contained herein, and other good and valuable consideration, the parties, intending to be legally bound, covenant and agree as follows: 1. Term of Agreement; Renewal. The initial term of this Agreement shall commence on April 1, 2020 and terminate on June 30, 2020. By June 17, 2020, the parties agree to individually and collectively review the Agreement and evaluate the possibility of extension in light of the status of the COVID-19 health crisis and their continued operations. The Agreement shall only be renewed upon the written agreement of the parties. Housing will become available under this Agreement on or about April 13, 2020. 2. Scoae of Use of University Housing Facilities. Subject to the terms and conditions of this Agreement and the attached exhibits, University Housing shall provide Emergency Housing accommodations. This Agreement shall be fully binding upon any person approved to reside in University -owned housing during the COVID-19 health crisis, including prior to, during or after the COVID-19 health crisis. University officials and employees, including, without limitation, University Housing officials and employees, shall have the right to enter all facilities (indoor and outdoor) for purposes of maintenance, safety and public welfare. Additionally, students, faculty, staff, administrators and members of the public shall be free to traverse all surrounding outdoor areas to enable the free and orderly flow of pedestrians, deliveries of supplies, campus tours, and other bona fide University activities, but the assigned portions of the University Housing facilities shall not be made available for the use of any other groups. In the event of any unauthorized use or disruption of any locations, indoors or outdoors, that have been assigned for the First Responder's use, then the Occupants shall notify the University of Arkansas Police Department ("UAPD") or other authorized law enforcement agencies who will respond to any such unauthorized use or disruption at any location on campus. UAPD and/or any other authorized law enforcement agencies rendering assistance may take all necessary actions to address any issues as necessary and as permitted by Arkansas law. 2 3. Assignment of University Housing Facilities. With consideration of the continuing operations of the campus, including students who continue to reside on -campus, as well as the particular needs of the First Responders, University Housing shall assign the Occupants to University Housing's facilities (or segmented areas of University Housing facilities) on the Fayetteville campus as specified in Exhibit A, which is attached hereto and incorporated herein by reference. University Housing shall have full discretion in the selection of the University Housing facilities to be used as Emergency Housing under this Agreement. 4. Fees. The Fee for using University Housing facilities under this Agreement, including housing, meals, and associated charges, is outlined in Exhibit B. On or about seven (7) business days after the last of the Occupants vacates the assigned University Housing facility, University Housing will submit an itemized invoice of charges to each of the First Responders for the total Housing Fee for their Occupants. 5. Housing and Dining Procedures. Housing and dining procedures under this Agreement and additional information are included at Exhibit A. 6. Taxes. The University does not believe that any sales taxes or ad valorem taxes apply to the use of its facilities under this Agreement. In the event any governmental authority imposes sales or ad valorem taxes in regard to the use of the University's facilities under this Agreement, the University shall have the right to charge the First Responders for any taxes attributed to their use of the facilities. The First Responders and the University, however, shall each respectively reserve all rights to challenge any such tax payments. 7. Attachments. This Agreement shall consist of the following documents: all provisions set forth in this Agreement; Exhibit A (Campus Dining and Housing First Responders Program); Exhibit B (Estimated Housing and Meal Costs); Exhibit C (Medical Evaluation for Isolated/Quarantined First Responders); and Exhibit D (Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site). 8. University Housing General Terms and Conditions of Occupancv. A. Right of the University to Refuse or Cancel Agreement. In the event accommodations assigned to the First Responders are destroyed or otherwise made unavailable and the University does not furnish other accommodations, the Agreement shall tenninate automatically without any liability for the University or the First Responders. The University reserves the right to refuse admission into University Housing to any group or participant for failure to comply with University and/or University Housing policies and regulations, or federal and/or state laws. The Agreement and these General Terms and Conditions shall be fully binding upon any person residing in University - owned housing during the period of time relevant to the COVID-19 health crisis. The Agreement may be terminated only under the conditions specified herein. The University does not discriminate against any individual or group of individuals on the basis of age, color, disability, gender, national origin, race, religion, sexual orientation or veteran's status. B. Reservation of Rights by Campus Dining Services. Campus Dining Services is the sole and exclusive third -party food service provider for the University. Campus Dining Services reserves the right to terminate the reservation should unforeseen emergencies occur, making it inadvisable, illegal, or impossible to provide meal service. Additional information about meal options and pricing is at Exhibits A and B. C. Accommodations and Eligibility. Specific residence halls or apartments are not guaranteed. Space is reserved based on availability and is subject to change. University Housing also reserves the right to move Occupants to accomplish necessary repairs/renovations to buildings. D. Supervision. Occupants are expected to follow all applicable University rules and regulations and all federal, state and local laws. University Housing will not provide supervision but will enforce applicable policies. E. Guests and Visitation. Visitors and overnight guests are not permitted. F. Inspection and Access. University Housing reserves the right to enter assigned rooms and apartments under certain circumstances including, but not limited to, inspections for safety, health, general housing policy compliance, cleaning, inventory, epidemics or other emergencies, pest control, occupancy verification and/or general repair. If such inspections are of a routine or periodically recurring nature. reasonable effort will be made to give prior notice. G. Damages. The First Responders shall be responsible for the accommodations assigned and shall reimburse University Housing for all the damages within or to any accommodations provided under this Agreement. University Housing will determine the amount and cost of damages and/or necessary additional cleaning required. These additional charges will be added to the total bill and included in a final invoice to the individual First Responders to be provided on or around seven (7) business days after check-out. All furniture in any assigned room or location at the time of occupancy must stay in the room or location for the duration of the Occupant's stay in the facility. Furnishings may not be removed, stored, or traded. There is a $200.00 charge for violating this policy in addition to any cost of damaged/missing furniture. The First Responders may wish to require individual Occupants to sign agreements specifying that the First Responders can recover damage costs from 4 responsible Occupants. Individual Occupants will not be billed by University Housing for damages. In all cases, the First Responders will be billed and responsible for all such costs and damages. H. Security. In order to maintain security for all Occupants, keys/building access fobs are not to be shared with other Occupants. The First Responders shall be responsible for all keys/building access fobs issued to Occupants. If keys/conference cards are lost, participants are to report the loss immediately to a University Housing staff member. Occupants are urged to lock their windows and doors during occupancy. For personal safety, ground floor accessible windows should be kept locked at all times and security screens left untouched. Occupants shall not access any concrete canopies, which are commonly referred to as "ledges." which extend from certain residence halls at any time except in the event of a fire or other life -threatening circumstance. Any Occupants accessing the ledges will be removed from University Housing immediately without question. Occupants shall not prop open doors or allow others to "tailgate" through entrances without proper authorization. A $150.00 fee will be assessed for each key not returned and $25.00 for every building access fob not returned on the day the group checks out. The First Responders shall be held financially responsible for these charges which shall be added to the total bill. Mail. The United States Postal service does not deliver mail to front desks, rooms, or apartments of University housing for Occupants. J. Amenities. Hotel -type amenities such as televisions, radios, room telephones, and other amenities are not provided by University Housing. All facilities are air conditioned. Occupants may not alter the existing wiring for any of these services and must provide their own reception devices (e.g., cellular telephone, computer, television, etc.). K. Behavior of Occupants. All Occupants are expected to abide by the University of Arkansas Housing policies and state and federal laws. Additionally, all Occupants are expected to adhere to all directives and guidance from the Governor of the State of Arkansas and the Arkansas Department of Health regarding the COVID-19 health crisis. Individuals will be immediately removed for possession or use of illegal substances, possession of and/or use of alcoholic beverages by minors, and/or destruction of property or disruptive behavior. The Fayetteville campus of the University of Arkansas is smoke free, and smoking is prohibited on campus, including, but not limited to, the residence halls. University Housing reserves the right to remove an Occupant for non- compliance of any University Housing policy. In its sole discretion, the University may terminate this Agreement if any Occupant violates any University policies and/or any applicable federal and/or state laws or COVID-19 directives and guidance; provided, however, that the University will not terminate this Agreement without first providing the First Responders with notice of any such violations and providing the First Responders with a reasonable opportunity to address and correct such violations. Additionally, the University reserves the right and discretion, at all times, to revoke the residence hall and dining privileges of any Occupant at any time for violating any University policies and/or any applicable federal and/or state laws. L. Abandoned Property. Personal property left in rooms or storage areas after the Occupant checks out shall be deemed to have been abandoned. University Housing personnel will notify the First Responders of said items and give ten (10) business days for the Occupant to claim items. Items not claimed will be disposed of either by donation to a charitable organization or disposal to solid waste without recourse or liability to the University. M. Fire Safety. Evacuation of University buildings is mandatory when a fire alarm sounds. Sounding of false fire alarms or tampering with firefighting or safety equipment, including fire extinguishers, fire sprinklers and connecting pipes, EXIT signs and the alarm system is strictly prohibited. Those suspected of such offenses are subject to criminal prosecution and/or immediate removal from University Housing. First Responders may also be required to pay associated fines and/or damages. N. University Liability. The University does not assume any legal obligation to pay for the loss of or damage to any Occupant's personal property, or the First Responder's property, regardless of whether such loss or damage occurs in the University's building or on its grounds, prior to, during or subsequent to the period of this Agreement. The First Responders further agree to indemnify and hold the University and its Trustees, officials, representatives, and employees harmless from and against any and all claims, suits, liabilities, costs and expenses arising from or relating to the activities of the First Responders or any Occupants under this Agreement. This duty of indemnification, however, shall not apply to the negligent acts or omissions of the University or its employees or to any intentional acts of misconduct by the University and/or its employees. This provision shall survive the expiration or termination of this Agreement. 6 O. Guidelines. The First Responders shall be responsible for ensuring that all Occupants are familiar with University Housing's general policies and rules. The University reserves the right to prohibit any item or activity deemed by the University to be harmful, inconsistent with the University's educational environment, or not in the best interest of the University or its guests after providing notice to the First Responders and the Occupants. 9. Governing Laws and Policies. This Agreement shall be governed by the laws of the State of Arkansas, without regard to its choice of law principles. Nothing contained in this Agreement shall be deemed or construed as a waiver of any immunities to suit available to the University or its Trustees, officials, representatives or employees. 10. Relationship of Parties. This Agreement shall not be construed to create a partnership, employer -employee, joint venture or agency relationship between the parties, and the parties shall remain independent at all times. 11. Integration and Modification. The Agreement contain the entire agreement and understanding between the parties and supersede all prior and contemporaneous oral and written agreements, understandings, inducements, promises, and conditions between the parties regarding their subject matter. The parties acknowledge and understand that all negotiations, terms, and agreements are contained herein and that the Agreement cannot be altered or modified unless such modification is in writing and executed by an authorized representative of each party. 12. Construction. The parties agree that the rule of construction that any ambiguity shall be construed against the drafting party shall not apply to any dispute arising under or relating to the Agreement. 13. Severability. In case one or more of the provisions contained in the Agreement should be held invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of such provision or provisions shall not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or thereby impaired. 14. Non -Assignment Provision. The First Responders shall not have the right to assign, sell convey, or otherwise transfer any rights or interests granted in the Agreement to any person or entity without the prior written consent of the University, and any unauthorized assignment, sale, conveyance, or transfer shall be null and void. 15. Covenants. The First Responders hereby covenant and agree as follows: A. The First Responders shall not occupy or use University Housing's facilities except as provided in the Agreement. 7 B. The First Responders shall comply with all legal requirements now existing or that may arise regarding the use and occupation of University Housing's facilities. C. The First Responders shall not cause or permit any Hazardous Material to be used, stored, or generated on, or transported to and from any of University Housing's facilities and/or UAF's campus. "Hazardous Material" shall mean, without limitation, those substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in any applicable federal or state environmental law. D. No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked, or bolted while University Housing's facilities are in use or occupied. Moreover, all designated exit ways shall be maintained in such manner as to be visible at all times. E. Occupants shall keep any adjustable beds at the lowest setting (the level closest to the floor). If any such bed is not at the lowest setting upon the Occupant's arrival, Occupant will either adjust the bed to the lowest setting or request assistance in doing so. F. No collections, offerings or donations, whether for charity or otherwise, shall be solicited, made, attempted, or announced at any of University Housing's facilities or at any other location on UAF's campus. Additionally, the First Responders shall not be entitled to engage in any commercial sales of merchandise or other items on campus. G. The First Responders shall abide by and conform to all rules, regulations, and policies adopted or prescribed by the Board of Trustees of the University of Arkansas which are incorporated by reference herein. 16. Force Maieure. If any of University Housing's facilities are damaged or made unavailable from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control of the University, including, without limitation, acts of God, acts of terrorism, fires, floods, epidemics or pandemics, quarantine restrictions, strikes, failure of public utilities, or unusually severe weather, prevents occupancy and use, or either, as authorized in the Agreement, the University is hereby released by the First Responders from any damages so caused thereby. 17. Notices. Except as otherwise permitted in the Agreement, any notice or communication required or permitted to be given hereunder shall be via email, return receipt requested, to each party's address as listed below: City of Fayetteville: Chief Brad Hardin bhardin�;favetteville-ar.gov 8 University of Arkansas: Florence Johnson tjohnsora?uark.edu Each party may designate another address or location to receive any notices by giving written notice to the other party. Any such notice sent pursuant to this provision shall be effective when received. Rejection or other refusal to accept shall not affect the validity or effectiveness of the notice given. 18. Taxes. The First Responders shall be solely responsible for all taxes of any kind assessed or imposed by any governmental authority against the University is connection with the Agreement; provided, however, that the First Responders and the University independently reserve the right to challenge the applicability of any taxes assessed against either of them. 19. DISCLAIMER OF WARRANTIES. PRIOR TO ENTERING INTO THIS AGREEMENT, THE UNIVERSITY PROVIDED THE FIRST RESPONDERS WITH AN OPPORTUNITY TO REVIEW AND INSPECT UNIVERSITY HOUSING'S FACILITIES TO DETERMINE THEIR SUITABILITY. ACCORDINGLY, THE FIRST RESPONDERS ACCEPT ALL OF THE UNIVERSITY HOUSING ACCOMMODATIONS "AS IS," AND THE UNIVERSITY AFFIRMATIVELY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT ITS RIGHTS UNDER THE AGREEMENT ARE LIMITED TO THEIR EXPRESS TERMS. 20. LIMITATION OF LIABILITY. In the event of any claim or cause of action arising under the Agreement by the First Responders against the University, the First Responders acknowledge and agree that the sole forum and venue for any action against the University shall be in the Arkansas State Claims Commission. MOREOVER, WITH RESPECT TO ANY SUCH CLAIM OR CAUSE OF ACTION, THE FIRST RESPONDERS COVENANT AND AGREE THAT THE TOTAL SUM OF ANY DAMAGES AWARDED AGAINST THE UNIVERSITY IN ANY ACTION IN THE ARKANSAS STATE CLAIMS COMMISSION SHALL NOT EXCEED THE TOTAL SUM OF ALL FEES AND CHARGES ACTUALLY PAID BY THE FIRST RESPONDERS TO THE UNIVERSITY UNDER THE AGREEMENT. THE FIRST RESPONDERS ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCES, SHALL THE UNIVERSITY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND OR NATURE. 9 21. Advice of Counsel. All parties acknowledge that they have consulted with competent, independent legal counsel of their choice or had the opportunity to do so prior to entering into the Agreement. 22. Time of the Essence. The parties agree that time is of the essence in performing the duties and obligations of this Agreement. 23. Survival. Notwithstanding any other provision of the Agreement, the First Responder's obligation to pay all the fees, charges, costs and expenses under the Agreement shall survive the termination or expiration of this Agreement. 24. Counterparts. The Agreement may be executed in multiple counterparts. Each counterpart shall be deemed a duplicate original and all counterparts, when collected together, will constitute the original of the Agreement. A counterpart may be a full copy of the Agreement or a signature page from a full copy of the Agreement. The parties further agree that faxed and/or PDF copies of the signature pages shall be acceptable and make the Agreement binding. The parties agree that electronic signatures shall be accepted and binding. 25. Amendments. The parties agree that the Agreement may only be amended by a written instrument signed by an authorized representative of each party. 26. Medical Emergencies. The First Responders and their Occupants shall abide by the medical protocol established in Exhibit C and Exhibit D. The University reserves the right to take any appropriate actions if the First Responder fails to fulfill its obligations under this provision and charge the First Responder for any related costs and/or expense. Notwithstanding the foregoing, the University of Arkansas is not responsible for ensuring the health of individuals occupying University Housing facilities. 27. Signatures. The undersigned individuals represent that they are authorized to sign and bind the respective parties to this Agreement. 28. FEMA Compliance. In accordance with the Federal Emergence Management Agency requirements for the City of Fayetteville to ensure it is eligible to recover the costs associated with this contract, the Parties agrees as follows: A. Access to Records. 1) The University agrees to provide the City of Fayetteville, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the University which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2) The University agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3) The University agrees to provide the FEMA Administrator or his/her authorized representatives access to any sites pertaining to this contract. 4) In compliance with the Disaster Recovery Act of 2018, the City of Fayetteville and the University acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. B. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The University will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. C. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, University, or any other party pertaining to any matter resulting from this contract. D. The University acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the University's actions pertaining to this contract. IN WITNESS WHEREOF, the parties execute this Agreement on thisday of April, 2020. APPROVED: APPROVED: BOARD OF TRUSTEES OF THE CITY OF FAYETTEVILLE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE / IN By: JOSEPH E. STEINMETZ Chancellor University of Arkansas, Fayetteville By: BRAD HARDIN Chief Fayetteville Fire Department 12 'By:/LION Mayor City of Fai Ile, Arkansas By: MIKE REYNOLDS Chief Fayetteville Police Department � 1L,"t IN WITNESS WHEREOF, the parties execute this Agreement on this day of April, 2020. APPROVED: BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE ky.IJOSEPH E. STEINMETZ Cftfincellor University of Arkansas, Fayetteville By: BRAD HARDIN Chief Fayetteville Fire Department 12 APPROVED: CITY OF FAYETTEVILLE By:'LIONF7cille. RDAN'� Mayor City of Fa Arkansas By: MIKE REYNOLDS Chief Fayetteville Police Department Exhibit A 13 Exhibit A — Campus Dining and Housing First Responders Program Campus Dining First Responders Program 1. Will need paper form or on-line survey completed by Responders regarding food allergies or intolerances 2. Will need First Responders mobile numbers 3. Group -Me or some other technology will be established for room occupants. Messages will be sent regarding menus and delivery times. 4. Options will include hot or cold items with drink and condiments. 5. Will stock rooms with flatware and napkins, salt and pepper. 6. Suggest Responders bring their own favorite condiments 7. Meals will be delivered three times per day. 8. Message will be sent about 5 minutes prior to delivery and then again after delivery University Housing First Responders Program 1. Individual arrives and parks in front of University Housing Office on Douglas Street 2. Calls housing main number to report they are out front 3. Package including key/fob, map, directions are placed outside in a container by housing staff 4. First Responder picks up the package and proceeds to Walton Hall 5. Parking should be in lot 22 — University Housing will provide a document for responders to put on the dashboard of their vehicle. Transit and Parking will be provided a copy of this document. 6. To check-out process is reversed Responder locks room when they leave Calls University Housing to report they are coming to drop off key/fob Key/fob is left in container outside University Housing staff retrieve key/fob Check-out is processed in StarRez Conference software 7. Nonbusiness hours and days will have a number to call and that person will respond In the Room Items 1. Two sets on linens 2. Five sets of towels, etc. 3. Trash can with stack of liners 4. Microfridge (small refrigerator with microwave on top — attempting to secure these from a vendor we work with that students use no update as of 4/6) 5. Small set of bathroom cleaning supplies and gloves (responder is not expected to scrub the bathroom — this is for just in case) 6. There is a bed, desk, chair, dresser and a place to hang clothes 14 7. Wi-Fi is available. Connect to the WiFi signal and then open a browser which asks for a generic email address (no password) 8. First responders will bring their "TO GO" bag with personal items such as toiletries, electronics, etc. Trash Pick Up 1. A trash bin will be placed outside of each room door 2. Responders will double bag trash, tie tightly and place in the bin outside the room door 3. Trash should be placed in the bin outside by gam on Monday and Thursday. Laundry 1. Allied Laundry Service will provide pick up/deliver of laundry at Walton 2. No charge for pickup or delivery 3. Rooms will be serviced twice a week 4. Allied Laundry Service will be escorted by University Housing staff member to maintain accurate records of service. Occupancy Reports 1. Housing can provide a daily report of who is in the building 2. The report can include date checked in and date checked out Contact Person 1. Jake Shaw, Assistant Director for Conferences (cell phone to be provided) 2. Billy Blount, Director for Administrative Services — back up (cell phone to be provided) Maintenance 1. Maintenance requirements will be corrected through University Housing 2. Problems should be reported to the Service Center (479-575-7005) Housekeeping 1. University Housing will clean all rooms before any responders arrive following normal guidelines and any CDC requirements 2. When a responder checks out University Housing will clean the room following normal guidelines and any CDC requirements after recommended number of days has past Decontamination 1. At the conclusion to use of the facility a third -party vendor will be hired to decontaminate the entire facility 15 Exhibit B 16 Exhibit B — Estimated Housing and Meal Costs Housing Costs Per Person Per Day Laundry Decontamination* Total Daily Total:7 Total:14 Room Daily Linen Daily Daily Daily days days $30 $4 $5 $11 $50 $349 $698 Notes: * Only rooms used and public areas associated with those rooms will be decontaminated. In an effort to control costs, rooms will be assigned by floor starting with the south wing of Walton Hall. Cost Breakdown Room $30 per night Linen $28 one-time charge per stay 20 lbs. per week/per person at $1.75 LB for Laundry $35 personal items Decontamination $76 one-time charge per stay ** **Based on current quote from Snyder Environmental Meals: $8.50 per meal $25.50 per day Tax not included 17 Exhibit C 18 Exhibit C — Medical Evaluation for Isolated/Quarantined First Responders Daily evaluation shall be provided twice daily to all Occupants by Washington County Ambulance Authority (CEMS). The evaluation will consist of: • Visual and verbal assessment • Current Temperature • Vitals • Any Changes Medical condition • The CEMS crew shall maintain a bi-daily medical log (See addendum) • If the patient's condition deteriorates to the point they can no longer safely care for themselves, the patient will be provided the option to go to the hospital via private owned vehicle or ambulance transport 19 Exhibit D ?U Exhibit D — Sample Medical Screen/Evaluation Log for Employee Isolation/Quarantine Site Central EMS will complete a medical assessment at 0800 and 2000 hrs for each person at the site Sample Isolation Evaluation Log Name Date of Entry Today's Date Time Current Temperature BP Pulse Cough/Shortness of Breath (Y/N) SPO2 Any changes in severity of symptoms (Y/N) Improved (Y/N) Describe Changes Provider Signature 21