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

NYC 9/11 Public Portal Document

(d) Scope of Work: A detailed scope of work needs to be developed now, so that we spell out to property owners exactly what we will do (I want to cut off any arguments about “promises” being made to do other work besides).

The scope should be developed now and incorporated by reference into the letter and into the License Agreement.

(e) Consent to Work; The License Agreement should document consent to the work being performed, as well as granting access to the property.

(f) Disclaimers/Liability: We need to be careful that in offering to clean building exteriors, we are not making any environmental or health representations that we are not prepared to stand by. This will be problematical in that building owners are apt to ask for representations or other assurances that the work was done properly and that the cleaned areas are free of any contaminants of concern. t

I think the best way to proceed is as follows: ■ I:'

1. Take a look at my mark-up and edit as you see fit.

2. Call Heidi Rubenstein at Environmental Law. Heidi is working on downtown air issues for Susan Kath and presumably would be the Law Department attorney who can assist us on the cleaning program. If she’s not the right person, ask her who is'.

3. Share and discuss the drafts with Heidi and then schedule a meeting with Krish and his staff and with Heidi to refine the draft documents and identify any issues that need higher level sign-off at DEP. Advise me of same.

Please keep me advised of where this stands. Thanks for your help.

MDH:mdh dtair.wpd Enc. ■’i

cc: R. Levine

‘ I also note that the draft License Agreement calls for approval as to form by the Law ' Department. Heidi can help on this aspect well.

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