Memo on FEMA-funded exterior cleaning program for downtown Manhattan, Mar

NYC 9/11 Public Portal Document

59-17 Junction Boulevard, Flushing, N.Y. 11373-5108 U-M* 'ij

iV-' MEMORANDUM Departmi^t pt; M Environfrieihtal’; . Pfoteai6i¥U;'. ,5 TO: Russ Pecunies

FROM: Mark D. Hoffer

DATE: 3/27/02

. Joel A. Miele Sr., RE RE: Cleaning of Building Facades and Roofs, Downtown Manhattan £ ‘'.iyiarkDUH^rV''?'' Iv,, 'General'Counsel ■■ ".Mure^xif -Affairs-. < . , Tel'**{718) 595-6555 As we discussed, DEP (Bob Avaltroni’s Bureau) is developing a ’’ Fax (718) 595-6543 . U. program to clean the roofs, facades and other exterior surfaces of certain buildings in downtown Manhattan, usirig federal FEMA funds. I’d like you to assist on the legal aspects of this program.

Enclosed is a draft letter which Krish dropped off with me this morning, intended to be sent to the relevant building owners. Attached to the letter is a form of License Agreement (presumably based on a draft M U’U'U' i developed by Barry Schwartz), to secure access to the subject properties. u' - u; Y''i, ..p As‘you can see, I’ve marked the documents up quite a bit. «

I think there are a number of open issues, as follows (and possibly others besides):

(a) Funding: Is the federal funding in place? Is this documented in some fashion? Is it clear that we can make payments to contractors as and when needed? How does this happen?

Are we proposing to start any work before federal funding is in place? How will it be paid for?

(b) Properties: Are we doing a select universe? if so, how was it developed? (other property owners may ask)

(c) Contractors: Are we going to bid the work or pursue an emergency contractor? Do we know that the scope of work (see below) is “biddable”? (that is, the there are contractors who are willing to do this?)

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