Please review the following User Agreement:  
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The Federal Emergency Management Agency ("FEMA") may provide lodging assistance to eligible disaster applicants ("Applicants"). FEMA has established the Emergency Lodging Assistance Program ("ELA Program") to be administered by Corporate Lodging Consultants, Inc. ("CLC"). This ELA Contract between CLC and the "Lodging Provider" (as defined in Attachment A hereto) sets forth the terms and conditions by which Lodging Provider will be paid for providing housing to Applicants.

  1. Eligible Applicants rong>
    Lodging Provider represents, warrants and certifies to CLC and FEMA that:
    1. The unit is being occupied only by the specified Applicant and his/her immediate household.

    2. Except for payments to Lodging Provider under this ELA Contract, the Lodging Provider has not received and will not receive any payments or other consideration from FEMA, any other Federal agency or entity, or any other public SOURCE with respect to Applicant housing during the ELA Contract term or at any time related to the ELA Contract.

    3. Offer lodging services, amenities and lodging to all guests equally, and not limit services/amenities based solely on guests’ ELA assistance.

    4. The Lodging Provider will maintain industry standard fire/life safety systems in proper working order and are compliant with the Hotel/Motel Fire Safety Act of 1990 as amended: https://www.congress.gov/bill/101st-congress/house-bill/94

    5. No security deposits or fees of any kind will be required of the guests at check-in.

    6. Each guest room / suite is equipped with bathroom facilities. (at minimum toilet, sink and shower or bath)

    7. No guest will have a minimum length of stay (LOS) requirement for guests.

    8. Each Lodging Provider will maintain appropriate insurance coverage for all hotel staff and guests at your lodging facility.

    9. Lodging Provider will maintain a secure facility, security measures at your lodging facility include locking doors on each habited room.

    10. Provide consistent check-in and check-out updates for FEMA survivors. Check-in and Check-out relative to these survivors should be processed within 48 hours or arrival or departure.

    11. Clearly articulate to guests, FEMA and CLC any taxes/fees charged for accommodations and services provided for each guest.

    12. Maintain staff availability 24 hours a day / 7 days a week and inform potential guests how to reach lodging staff.

    13. No additional charges to guests for potable water, waste water, electricity, or refuse removal.

    14. The survivor/family does not own or have any interest in the housing unit being occupied.

    15. Lodging Provider shall not seek payment for individuals who are not eligible Applicants or for unoccupied housing units.

  2. Limitation of Liability
    Neither FEMA nor CLC shall have any liability for any actions by Survivors, including but not limited to damages to lodging units or other Lodging Provider property, or injuries to Survivors or Lodging Provider personnel.

  3. Payment to Lodging Provider
    1. When paid
      1. During the term of this ELA Contract, CLC will make lodging assistance payments to the Lodging Provider on behalf of Survivors within seven (7) business days of receipt of Lodging Provider’s valid billing. Lodging Provider will provide billings no less frequently than weekly and billings must be received by CLC within ninety (90) days of the date of occupancy to qualify for payment.

      2. Lodging assistance payments shall only be paid to the Lodging Provider with respect to an Survivor until the earlier to occur of (i) such Survivor vacating the housing unit or (ii) CLC providing one (1) day advanced notice that lodging assistance has been terminated with respect to such Survivor.

      3. CLC is operating as a payment agent for FEMA and housing assistance payments shall be paid to the owner by CLC to the extent funding is received from FEMA.

    2. Unless the Lodging Provider has complied with all provisions of this ELA Contract, the Housing Provider does not have a right to receive lodging assistance payments.

    3. Amount of CLC payment to Lodging Provider:
      1. The amount of the lodging assistance payment to the Lodging provider shall be determined by CLC in accordance with FEMA requirements for the ELA program.

      2. The amount of the CLC lodging assistance payment is set forth in Part A and is subject to change during the ELA Contract term in accordance with FEMA requirements. CLC must notify the Suvivor and the Lodging Provider of any changes in the amount of the lodging assistance payment on the CLC authorization website at registration.

    4. Limit of Payment Responsibility:
      1. CLC is only responsible for making lodging assistance payments to Lodging Provider in accordance with this ELA Agreement and FEMA requirements for housing disaster assistance.

      2. CLC shall not pay any portion of the lodging cost to Lodging Provider in excess of the lodging assistance payment. CLC shall not pay any other claim by Lodging Provider against a Survivor.

      3. CLC and FEMA are not responsible for incidental charges including, but not limited to, charges for restaurant, club, room service, telephone, movie rental and any other ancillary services offered by Housing Provider.

    5. If CLC determines that Housing Provider is not entitled to certain housing assistance payments or any part thereof, CLC, in addition to other remedies, may deduct the amount of the overpayment from any amounts due to the Housing Provider for this or other housing units administered under this ELA Program.

  4. Term
    This ELA Contract shall take effect when the Lodging Provider clicks on "I Agree" below ("Effective Date") and shall terminate upon thirty (30) days written notice from either party to the other.

  5. Housing Provider’s Breach of ELA Contract
    If the Lodging Provider has violated any obligation under the ELA Contract, CLC may exercise any of its rights and remedies under the ELA Contract, including termination of the ELA Contract and recovery of overpayments.

  6. CLC and FEMA Access to Owner’s Records
    1. The Lodging Provider must provide any information pertinent to the ELA Contract that CLC or FEMA may reasonably require and request.

    2. CLC, FEMA and the Comptroller General of the United States shall have full and free access to all accounts and other records of the Lodging Provider that are relevant to the ELA Contract, including the right to examine or audit the records and to make copies.

    3. The Lodging Provider must grant such access to computerized or other electronic records, and to any computers, equipment or facilities containing such records, and must provide any information or assistance needed to access the records.

  7. Exclusion of Third Party Rights
    1. Survivor is not a party to or a third party beneficiary of the ELA Contract. Survivor may not enforce any provision of this ELA Contract, and may not exercise any right or remedy against the Lodging Provider or CLC.

    2. CLC does not assume any responsibility for injury to, or any liability to, any person injured as a result of the Lodging Provider’s action or failure to act in connection with management of the housing unit or the premises or with implementation of this ELA Contract, or as a result of any other action or failure to act by the Lodging Provider.

    3. The Lodging Provider is not the agent of CLC, and this ELA Contract does not create or affect any relationship between the Lodging Provider and any lender to the Lodging Provider or any suppliers, employees, contractors or subcontractors used by the Lodging Provider in connection with management of the lodging unit or the premises or with implementation of the ELA Contract.

  8. Conflict of Interest
    1. "Covered individual" means a person or entity who is a member of any of the following classes:
      1. Any present or former employee or officer of CLC;

      2. Any contractor, sub-contractor or agent of CLC who formulates policy or who influences decisions with respect to the ELA Program; or

      3. Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the ELA Program.

    2. A Covered individual may not have any direct or indirect interest in the ELA Contract or in any benefits or payments under the ELA Contract (including the interest of an immediate family member of such covered individual) while such person is a covered individual or during one year thereafter.

    3. "Immediate family member" means the spouse, parent (including a stepparent), child (including a stepchild), grandparent, grandchild, sister or brother (including a stepsister or stepbrother) of any covered individual.

  9. Assignment of the ELA Contract
    The Lodging Provider may not assign the ELA Contract to a new owner of a lodging unit without the prior written consent of CLC.

  10. Written Notices
    Any notice by CLC or the Lodging Provider in connection with this contract must be in writing.

  11. Entire Agreement; Interpretation
    1. The ELA Contract contains the entire agreement between the Housing Provider and CLC.

    2. The ELA Contract shall be interpreted and implemented in accordance with FEMA requirements.

I acknowledge that I have read and agree to the terms and conditions as outlined in this ELA Contract and that the information contained within Part A Sections 1 and 2 are true and accurate.

I understand that, if I intentionally make false statements or conceal any information in an attempt to obtain disaster assistance, it violates federal law, which carries monetarypenalties, including a fine up to $250,000, imprisonment or both (18 U.S.C.287, 2071-2073, 2075 and 3571).

 
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