Hurricane IAN Decloration - SW Florida
Effective September 23, 2023 per the federal decloration approved by the US White House, FEMA-4673-DR-FL and subsequently prescribed by florida as a "PUBLIC NOTICE". Stafford Disaster Relief Act., and Emergency Order 2022-03, as well as FEMA's Bullitin W-13025a, the ollowing mandates are so implimented, effective immediately. Emergency Assistance Act, 42 U.S.C. §§ 5121-5207 (Stafford Act).
https://www.fema.gov/disaster/4673
Restopro as of September 2022 has accepted and adopted the necessary limits of the Federal Decloration of the Hurricane IAN event, effective immediately our Vendors, Staff, Owner Operators, franchisees have adopted and implimented the necessary on ground logistics, as well as the documents necessary to allign to the NFS/Flood Policies involved in the event. See below for a recap of the local tools and mandates adopted to allign to the federal decloration, which will better serve the Florida Residents.
Amendment 9232022 Adopted to ALL RESTOPRO contracts serving the FL/IAN event, (Serving ANY NFS or Flood Carrier, claim) Amendment dated Sept 23, 2022NATIONAL DISASTER FLOOD CLEAN UP / NFS POLICY
In time of National Declaration, I (we) additionally accept the National Declaration / Flood Policy benefits and hereby authorize the locally owned RESTOPRO, provider RESTOPRO operation in and around the Declaration zone, as well as any Staff, Partners and affiliates, to perform emergency flood cleaning, flood water mitigation and structural drying services at my (our) property at the above address and with respect to my NFS /Flood policy: Items recapped within the policy as “Flood Damaged” and or items that need to be cleared, cleaned, or evacuated, to a remote location onsite, and to remove and store such items. (Please refer to state, local authorities to discern the recovery limits, guidelines, etc)I (we) authorize and direct the Insurance Company, its agents and adjusters listed above as “Carrier” to communicate with RESTOPRO in all aspects of review and reconciliation, minimum unit cost, including imitations and such details to compensate the provider, and comprehend the nature of located damage, in concert with my (Our) affiliates to comprehend and establish the extent of flood damage, and or damaged items, along with discussions of complexities involved in any and all aspects of the cleaning and recovery event, and to pay RESTOPRO, for services requested, and provided to date for the property covered within the provisions of (My) our carrier policy. I (we) will pay for services requested for the work covered by insurance. In such event when policy limits are exhausted, provider reconciliation will often not be allowed by the carrier, and an audit is agreed to survive in reconciling the providers scope of service vs the Carrier scope of the flood event, in relation to cost, value and units unique to the room by room, line by line adjusters scope of repair. As such I agree that both the Proof of Loss/s and adjusters estimate/s of repair will exclusively facilitate such review. As noted previously I (we) will be responsible for any shortfalls in provider service / reimbursement. If for any reason the payment should come to me (us), I (we) hereby agree to pay RESTOPRO immediately upon receipt of Any payment from the insurance company associated to provider services received. If payment from the insurance company lists my (our) lender as payee, I (we) authorize RESTOPRO to contact the lender directly about such payment, and I (we) hereby authorize the lender to speak directly to RESTOPRO, as well as request a copy of the scope of repair and request RESTOPRO be added as a PAYEE, for incurred services identified in the Proof of loss and Scope of repair presented to the carrier for Lender endorsement. (If /when allowable by local ordinance).I (we) understand and acknowledge that RESTOPRO is working for me (us) and not the insurance company, adjuster and/or agent. It is fully understood and agreed that statements made to the adjuster, as well as ANY material fact withheld from RESTOPOR could affect my claim. As such I agree to request my (Our) adjuster to communicate with my service provider, I will direct the adjuster to reconcile our provider scope of service with my carrier scope of repair, as such I (we) am/are personally responsible for errors and omissions, including items missed or overlooked items within the inspection, including custom, hidden and undisclosed items uncovered within the scope of provider services, and / or missed by not reinspecting the site, as well as: any permits, or encumbrances, any prevailing coverage limits, and policy indices including reimbursement, the deductible, depreciation or any other charges or costs not covered by insurance. I (we) agree to pay RESTOPRO directly for any amount “Directly Specified” and paid by the carrier, and any residual fees not covered by insurance.The liability of RESTOPRO within the Guidance of the NFS policy is expressly limited to the total amount of the services authorized herein by the client and in no event shall RESTOPRO, its agents or assigns, be liable for consequential and/or any other special damages of any kind. RESTOPRO is responsible for only the personal property assigned by me (us) and or provided by a RESTOPRO representative. I (we) fully understand, and I (we) agree that RESTOPRO is not an agent (actual or apparent) of the insurance company, and I (we) waive all rights to claim RESTOPRO as any agent or responsible party to a claim which I (we) are and am personally responsible for managing. If legal proceedings must be instituted (See page 1-3) to recap basic recovery - for any due amount, RESTOPRO shall be entitled to recover the cost of collection including: the Limits allowable under local law for monthly: late fees, allowable interest, as well as any defense, collection costs, court fees and any related attorney’s fees.
I (we) understand that I (we) have the right to cancel a home floof recovery contract within three (3) days of signing this form, but because of the emergency declaration stated above I (we) waive that right to cancel, and because per NFS/National Flood Service any delay will cause further damage, I (we) direct RESTOPRO, its agents, employees to begin cleaning and flood recovery immediately
If balance in full is not paid to RESTOPRO within 30 days of job completion, I hereby authorize RESTOPRO to charge my credit card and notify my lender of unpaid balance, as well as request a copy of the scope of repair provided ( Required by the lender to allow the lender to cosign the payment) which will serve as both the basis of providers payments and minimum value assigned by NFS/Carrier for/from the following minimum scope / Xactimate valuation metrics requested/approved by me (Noted Below) and recapped in the Adjusters scope of repair, or Rap identified: tabulated by room, in (my) line item scope (per item or per unit) .
Page 4 (Supplemental Disclaimer Notice Applicable during National Declaration) NATIONAL DISDASTER FLOOD / NFS POLICY METRICS (National Flood Service) Structural Drying Per Bullitin w-13025a- Established by the NFS / Adjuster’s First Scope of repair, Affirmed by Providers completed work via photo documents, and an outside document reconciliation/audit.Emergency Services for a national declaration [X ] Xactimate Estimate unit valuations to be utilized Flood Documentation / Reconciliation / Negotiation with Adjuster[X ] Xactimate Metrics / Estimate unit valuation Baseline Flood Loss Clean up / Flood Mitigation[X ] Xactimate Estimate unit valuations to be utilized Wet Conant Manipulation / Wet Clean Out / Salvage Pack Relocation[X ] Xactimate Estimate unit valuations to be utilized Wet Saturated Material / Clean Out[X ] Xactimate Estimate unit valuations to be utilized Structural Contamination Cleaning / Microbial Prevention[X ] Xactimate Estimate unit valuations to be utilized Structural Drying[X ] Xactimate Equipment unit Estimate valuations to be utilized Note: Use of Xactimate /Adjuster valuations is hereby accepted, establishes the minimum value of each task, plus sales tax, O&P, and associated add on required to tell the full story of the provider Clean Up Services. Page 5 (Disclaimer Notice Applicable during National Declaration) NATIONAL DISDASTER FLOOD CLEAN UP / NFS POLICY
PAYMENT FOR SERVICES: Owner agrees to pay for the Services based on the rates set forth in Restopro’s fees (Assigned by the minimums established in the Baseline of the Adjuster/s Xactimate® Estimate), as designated above. Owner shall be responsible for payment of applicable taxes, including but limited to sales taxes. Payments are due to RESTOPRO as during the course of the project as Services are provided/ and payments assigned by the adjuster for the completed tasks. Owner shall to deliver payment to RESTOPRO within 10 days of Owner’s receipt of Carrier Payment/s, unless either continuous Progress Payments are established in equal distributions at a rate of 5 x (Times) the deposit amount, or an agreed payment schedule is set forth and approved by the provider in writing. (or a similar schedule allowable by law), in such case payment/s will be due as set forth in the adjusters issuance of payment First dated in the First proof of loss, followed by each subsequent payment released. We agree to allow RESTOPRO to utilize a third party for review or audit the file for reconciliation, and proper use of the Xactimate metrics/limits, as comparison to the photos of the site defining the services provided. Owner Agrees to Facilitate and provide any and All paperwork for/of afforded coverage as proof of valuations, calculation and metrics: including but not limited to minimums for local market pricing, and as such owner approves the exclusive conversations with the NFS, and Adjuster concerning scope of flood damage, related building specifications, cost valuation, and specifics of the cleanup, content manipulation, market demand, O&P, and related scope or associated fee/s.
Owner agrees to pay for the Services regardless of whether the Owner has or will receive insurance payments, Restopro will work in concert with the Adjuster to the extent of afforded limits of coverage to provide: documents, and specifics relevant to illustrate the extent of flood waters, and or up to the limits and upon expiration of afforded benefits – Any Services that are not paid for by Owner’s insurance policy, including non-covered claims, underinsured, uninsured, depreciation and insurance deductibles, shall be paid directly by Owner in accordance with the terms of this contract. Owner shall deliver payments to RestoPro by one of the following methods: (i) Credit Card (preferred method) (ii) Casher (iii) check or certified funds delivered to RestoPro.INSURANCE: (IF Allowable by law) Owner shall direct its insurance company to list RESTOPRO as a payee on all insurance payments related to this project. Owner authorizes RESTOPRO the right to communicate with Owner’s insurance company, agent, adjustor and related parties regarding this project, and to settle claims. Owner agrees to endorse all insurance payments to RESTOPRO and to obtain the endorsements of all other parties (e.g. mortgage company) on such insurance payments before delivering the same to RESTOPRO.
RESTOPRO’S SERVICES: RESTOPRO will finance and perform the Services in a good faith, and in a workmanlike manner in accordance with current industry standards and to Federal / local code. RESTOPRO will comply with all local, state and federal laws including safety standards (OSHA). Upon completion of the project and receipt of full payment from Owner, RESTOPRO will provide a workmanship warranty which will be affirmed upon signing of the Certificate of Completion and will assign to Owner all assignable manufacturer implied warranties (if any). Owner will notify RESTOPRO in writing within ( 5 ) five days (of substantial work completed) of any defective work, concern or claim (punch list) and RESTOPRO after receipt and upon validation of those claims will fix, amend, revise or refund a portion of the related unit fee, to document the concern and recap industry standards or contract specifications. RESTOPRO will indemnify Owner from any damage (Not related to the flood event, nor related by proximity to the event- either inside the structure, or within 15 Feet) and or for death ,or injury claims caused by RESTOPRO or its subcontractors.
GENERAL CONDITIONS: Owner agrees to allow timely inspections by government / NFS inspectors, NFS insurance adjustors and/or mortgage company agents. Owner agrees to use good faith efforts to process insurance payments and to maintain the payment receipt distribution of funds to provider by the carrier for assigned tasks. Payments will be issued as soon as practicable, and when required, to obtain third party endorsements on insurance payments. Owner agrees that RESTOPRO shall have no liability for any material fact or liability of a National Declaration event, and that Owner shall indemnify, defend and hold RESTOPRO harmless from and against, all claims, damages, liabilities and costs arising out of or relating to the presence, discovery, or failure to discover, remove address, remediate or cleanup environmental or biological hazards including, items outside our control including: mold, fungus, hazardous waste, substances or materials, or asbestos. however, that Owner’s responsibility and indemnification obligation to RESTOPRO for hidden and misrepresented Materia facts: shall not exceed the greater of $1,000,000 or ten times the value of this contract, which amount the parties agree bears a reasonable commercial relationship to this contract; provided, further, that RESTOPRO shall only be responsible for Flood Clean up and wet material removal for (i) such Service as selected above as part of the scope of Services provided pursuant to this contract, is covered by the Owner’s NFS/policy of insurance and (iii) such Removal and Cleaning is directed by an Industrial Hygienist’s protocol. RESTOPRO limit of liability under the National Declaration will limit the liability to the unit identified, or claimed within the 5 day period to an issue identified in writing, with an agreed unit cost assigned by the adjuster, of max 1 room, line item with an associated cost of 1/10 of 1% for any recovery, Owner agreed to hold provider harmless for any additional fees associated to such claim of liability. If for any reason the amount due under this Contract is not paid when due, RESTOPRO shall be entitled to the balance due, its expenses, filing fees, court fees, collection and attorney’s fees incurred in the collection of this Agreement, and interest on the unpaid balance at the lesser of (a) 1.5% per month or (b) the Maximum allowable Monthly late fees, and or the maximum rate/s allowed by law, plus all related filing, processing and professional services.
Any controversy or claim arising out of or relating to this contract, or breach thereof, may be submitted to a court of competent jurisdiction where the Services are performed. RESTOPRO may file a lien against the property if payment is not timely made. RESTOPRO reserves their right to stop work and/or terminate this contract if payment, or terms of payments is not received when due, or paid by the carrier.
Page 6 (Supplemental Disclaimer Notice Applicable during National Declaration)
In time of National Declaration, I (we) additionally accept the National Declaration / Flood Policy benefits and hereby authorize the locally owned RESTOPRO, provider RESTOPRO operation in and around the Declaration zone, as well as any Staff, Partners and affiliates, to perform emergency flood cleaning, flood water mitigation and structural drying services at my (our) property at the above address and with respect to my NFS /Flood policy: Items recapped within the policy as “Flood Damaged” and or items that need to be cleared, cleaned, or evacuated, to a remote location onsite, and to remove and store such items. (Please refer to state, local authorities to discern the recovery limits, guidelines, etc)I (we) authorize and direct the Insurance Company, its agents and adjusters listed above as “Carrier” to communicate with RESTOPRO in all aspects of review and reconciliation, minimum unit cost, including imitations and such details to compensate the provider, and comprehend the nature of located damage, in concert with my (Our) affiliates to comprehend and establish the extent of flood damage, and or damaged items, along with discussions of complexities involved in any and all aspects of the cleaning and recovery event, and to pay RESTOPRO, for services requested, and provided to date for the property covered within the provisions of (My) our carrier policy. I (we) will pay for services requested for the work covered by insurance. In such event when policy limits are exhausted, provider reconciliation will often not be allowed by the carrier, and an audit is agreed to survive in reconciling the providers scope of service vs the Carrier scope of the flood event, in relation to cost, value and units unique to the room by room, line by line adjusters scope of repair. As such I agree that both the Proof of Loss/s and adjusters estimate/s of repair will exclusively facilitate such review. As noted previously I (we) will be responsible for any shortfalls in provider service / reimbursement. If for any reason the payment should come to me (us), I (we) hereby agree to pay RESTOPRO immediately upon receipt of Any payment from the insurance company associated to provider services received. If payment from the insurance company lists my (our) lender as payee, I (we) authorize RESTOPRO to contact the lender directly about such payment, and I (we) hereby authorize the lender to speak directly to RESTOPRO, as well as request a copy of the scope of repair and request RESTOPRO be added as a PAYEE, for incurred services identified in the Proof of loss and Scope of repair presented to the carrier for Lender endorsement. (If /when allowable by local ordinance).I (we) understand and acknowledge that RESTOPRO is working for me (us) and not the insurance company, adjuster and/or agent. It is fully understood and agreed that statements made to the adjuster, as well as ANY material fact withheld from RESTOPOR could affect my claim. As such I agree to request my (Our) adjuster to communicate with my service provider, I will direct the adjuster to reconcile our provider scope of service with my carrier scope of repair, as such I (we) am/are personally responsible for errors and omissions, including items missed or overlooked items within the inspection, including custom, hidden and undisclosed items uncovered within the scope of provider services, and / or missed by not reinspecting the site, as well as: any permits, or encumbrances, any prevailing coverage limits, and policy indices including reimbursement, the deductible, depreciation or any other charges or costs not covered by insurance. I (we) agree to pay RESTOPRO directly for any amount “Directly Specified” and paid by the carrier, and any residual fees not covered by insurance.The liability of RESTOPRO within the Guidance of the NFS policy is expressly limited to the total amount of the services authorized herein by the client and in no event shall RESTOPRO, its agents or assigns, be liable for consequential and/or any other special damages of any kind. RESTOPRO is responsible for only the personal property assigned by me (us) and or provided by a RESTOPRO representative. I (we) fully understand, and I (we) agree that RESTOPRO is not an agent (actual or apparent) of the insurance company, and I (we) waive all rights to claim RESTOPRO as any agent or responsible party to a claim which I (we) are and am personally responsible for managing. If legal proceedings must be instituted (See page 1-3) to recap basic recovery - for any due amount, RESTOPRO shall be entitled to recover the cost of collection including: the Limits allowable under local law for monthly: late fees, allowable interest, as well as any defense, collection costs, court fees and any related attorney’s fees.
I (we) understand that I (we) have the right to cancel a home floof recovery contract within three (3) days of signing this form, but because of the emergency declaration stated above I (we) waive that right to cancel, and because per NFS/National Flood Service any delay will cause further damage, I (we) direct RESTOPRO, its agents, employees to begin cleaning and flood recovery immediately
If balance in full is not paid to RESTOPRO within 30 days of job completion, I hereby authorize RESTOPRO to charge my credit card and notify my lender of unpaid balance, as well as request a copy of the scope of repair provided ( Required by the lender to allow the lender to cosign the payment) which will serve as both the basis of providers payments and minimum value assigned by NFS/Carrier for/from the following minimum scope / Xactimate valuation metrics requested/approved by me (Noted Below) and recapped in the Adjusters scope of repair, or Rap identified: tabulated by room, in (my) line item scope (per item or per unit) .
Page 4 (Supplemental Disclaimer Notice Applicable during National Declaration) NATIONAL DISDASTER FLOOD / NFS POLICY METRICS (National Flood Service) Structural Drying Per Bullitin w-13025a- Established by the NFS / Adjuster’s First Scope of repair, Affirmed by Providers completed work via photo documents, and an outside document reconciliation/audit.Emergency Services for a national declaration [X ] Xactimate Estimate unit valuations to be utilized Flood Documentation / Reconciliation / Negotiation with Adjuster[X ] Xactimate Metrics / Estimate unit valuation Baseline Flood Loss Clean up / Flood Mitigation[X ] Xactimate Estimate unit valuations to be utilized Wet Conant Manipulation / Wet Clean Out / Salvage Pack Relocation[X ] Xactimate Estimate unit valuations to be utilized Wet Saturated Material / Clean Out[X ] Xactimate Estimate unit valuations to be utilized Structural Contamination Cleaning / Microbial Prevention[X ] Xactimate Estimate unit valuations to be utilized Structural Drying[X ] Xactimate Equipment unit Estimate valuations to be utilized Note: Use of Xactimate /Adjuster valuations is hereby accepted, establishes the minimum value of each task, plus sales tax, O&P, and associated add on required to tell the full story of the provider Clean Up Services. Page 5 (Disclaimer Notice Applicable during National Declaration) NATIONAL DISDASTER FLOOD CLEAN UP / NFS POLICY
PAYMENT FOR SERVICES: Owner agrees to pay for the Services based on the rates set forth in Restopro’s fees (Assigned by the minimums established in the Baseline of the Adjuster/s Xactimate® Estimate), as designated above. Owner shall be responsible for payment of applicable taxes, including but limited to sales taxes. Payments are due to RESTOPRO as during the course of the project as Services are provided/ and payments assigned by the adjuster for the completed tasks. Owner shall to deliver payment to RESTOPRO within 10 days of Owner’s receipt of Carrier Payment/s, unless either continuous Progress Payments are established in equal distributions at a rate of 5 x (Times) the deposit amount, or an agreed payment schedule is set forth and approved by the provider in writing. (or a similar schedule allowable by law), in such case payment/s will be due as set forth in the adjusters issuance of payment First dated in the First proof of loss, followed by each subsequent payment released. We agree to allow RESTOPRO to utilize a third party for review or audit the file for reconciliation, and proper use of the Xactimate metrics/limits, as comparison to the photos of the site defining the services provided. Owner Agrees to Facilitate and provide any and All paperwork for/of afforded coverage as proof of valuations, calculation and metrics: including but not limited to minimums for local market pricing, and as such owner approves the exclusive conversations with the NFS, and Adjuster concerning scope of flood damage, related building specifications, cost valuation, and specifics of the cleanup, content manipulation, market demand, O&P, and related scope or associated fee/s.
Owner agrees to pay for the Services regardless of whether the Owner has or will receive insurance payments, Restopro will work in concert with the Adjuster to the extent of afforded limits of coverage to provide: documents, and specifics relevant to illustrate the extent of flood waters, and or up to the limits and upon expiration of afforded benefits – Any Services that are not paid for by Owner’s insurance policy, including non-covered claims, underinsured, uninsured, depreciation and insurance deductibles, shall be paid directly by Owner in accordance with the terms of this contract. Owner shall deliver payments to RestoPro by one of the following methods: (i) Credit Card (preferred method) (ii) Casher (iii) check or certified funds delivered to RestoPro.INSURANCE: (IF Allowable by law) Owner shall direct its insurance company to list RESTOPRO as a payee on all insurance payments related to this project. Owner authorizes RESTOPRO the right to communicate with Owner’s insurance company, agent, adjustor and related parties regarding this project, and to settle claims. Owner agrees to endorse all insurance payments to RESTOPRO and to obtain the endorsements of all other parties (e.g. mortgage company) on such insurance payments before delivering the same to RESTOPRO.
RESTOPRO’S SERVICES: RESTOPRO will finance and perform the Services in a good faith, and in a workmanlike manner in accordance with current industry standards and to Federal / local code. RESTOPRO will comply with all local, state and federal laws including safety standards (OSHA). Upon completion of the project and receipt of full payment from Owner, RESTOPRO will provide a workmanship warranty which will be affirmed upon signing of the Certificate of Completion and will assign to Owner all assignable manufacturer implied warranties (if any). Owner will notify RESTOPRO in writing within ( 5 ) five days (of substantial work completed) of any defective work, concern or claim (punch list) and RESTOPRO after receipt and upon validation of those claims will fix, amend, revise or refund a portion of the related unit fee, to document the concern and recap industry standards or contract specifications. RESTOPRO will indemnify Owner from any damage (Not related to the flood event, nor related by proximity to the event- either inside the structure, or within 15 Feet) and or for death ,or injury claims caused by RESTOPRO or its subcontractors.
GENERAL CONDITIONS: Owner agrees to allow timely inspections by government / NFS inspectors, NFS insurance adjustors and/or mortgage company agents. Owner agrees to use good faith efforts to process insurance payments and to maintain the payment receipt distribution of funds to provider by the carrier for assigned tasks. Payments will be issued as soon as practicable, and when required, to obtain third party endorsements on insurance payments. Owner agrees that RESTOPRO shall have no liability for any material fact or liability of a National Declaration event, and that Owner shall indemnify, defend and hold RESTOPRO harmless from and against, all claims, damages, liabilities and costs arising out of or relating to the presence, discovery, or failure to discover, remove address, remediate or cleanup environmental or biological hazards including, items outside our control including: mold, fungus, hazardous waste, substances or materials, or asbestos. however, that Owner’s responsibility and indemnification obligation to RESTOPRO for hidden and misrepresented Materia facts: shall not exceed the greater of $1,000,000 or ten times the value of this contract, which amount the parties agree bears a reasonable commercial relationship to this contract; provided, further, that RESTOPRO shall only be responsible for Flood Clean up and wet material removal for (i) such Service as selected above as part of the scope of Services provided pursuant to this contract, is covered by the Owner’s NFS/policy of insurance and (iii) such Removal and Cleaning is directed by an Industrial Hygienist’s protocol. RESTOPRO limit of liability under the National Declaration will limit the liability to the unit identified, or claimed within the 5 day period to an issue identified in writing, with an agreed unit cost assigned by the adjuster, of max 1 room, line item with an associated cost of 1/10 of 1% for any recovery, Owner agreed to hold provider harmless for any additional fees associated to such claim of liability. If for any reason the amount due under this Contract is not paid when due, RESTOPRO shall be entitled to the balance due, its expenses, filing fees, court fees, collection and attorney’s fees incurred in the collection of this Agreement, and interest on the unpaid balance at the lesser of (a) 1.5% per month or (b) the Maximum allowable Monthly late fees, and or the maximum rate/s allowed by law, plus all related filing, processing and professional services.
Any controversy or claim arising out of or relating to this contract, or breach thereof, may be submitted to a court of competent jurisdiction where the Services are performed. RESTOPRO may file a lien against the property if payment is not timely made. RESTOPRO reserves their right to stop work and/or terminate this contract if payment, or terms of payments is not received when due, or paid by the carrier.
Page 6 (Supplemental Disclaimer Notice Applicable during National Declaration)