Notes on FEMA requirements for WTC interior cleaning licenses, June

NYC 9/11 Public Portal Document

n Hoffer, Mark From: Kahn, Lawrence [[email protected]] Sent: Monday, June 10, 2002 12:40 PM To: '[email protected]' Subject: FW: Downtown Building Cleaning

---- Original Message---- From: Kahn, Lawrence Sent: Monday, June 10, 2002 12:18 PM To: '[email protected]' Cc: Rubin, Gail Subject: FW: Downtown Building Cleaning

< Per our discussion, the "duplication of benefits" provision Gail Rubin cites below is the source of the requirement that FEMA has imposed upon us to require the beneficiaries of federal assistance to seek any available compensation, including insurance proceeds, and reimburse the City (which in turn would reimburse FEMA). I assume the language proposed by FEMA and in substance included in the exterior license agreement (see the paragraph toward the end of the 4/16 e-mail from Gail Rubin below, beginning with "Licensor shall reimburse licensee for the removal of the debris accumulations provided for in this License Agreement . . ") will be included in the interior cleaning licenses. As suggested in my earlier e-mail, we would like to broaden this by adding: "and for any other debris removal performed to date."

Also, per Gail's request below, could you please send us a copy of the letter sent to the State with respect to the exterior cleaning project agreeing to indemnify it and the draft of any similar letter with respect to interior cleaning.

Any progress on insurance?

Thanks. ---- Original Message---- From: Rubin, Gail Sent: Friday, June 07, 2002 6:33 PM To: Kahn, Lawrence Subject: FW: Downtown■Building Cleaning

Here is the correspondence on the license agreement, for the earlier exterior debris removal project. My understanding is that the State required a letter representing our agreement to indemnify them. I would like to have a copy of that letter, by the way, and I assume a similar letter will have to go out on the interior removal project. Russ Pecunies was dealing with this, I believe.

The STafford Act, 42 USC 5155, "duplication of benefits", provides that a person receiving federal assistance is liable to the US to the extent such assistance duplicates benefits available to the person for the same purpose from another source. It also says the President shall assure that no person ■ will receive federal assistance for any loss for which he received financial assistance from another program or from insurance or any other source. FEMA implements this by requiring recipients of federal funds to agree to reimburse it in circumstances like the ones described below. The necessary language now appears in the exterior cleaning license agreement.

Original Message 1

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