Item C17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Mav 21. 2003
Division: Public Works
Bulk Item: Yes ---X- No
Department: Engineering/Construction Management
AGENDA ITEM WORDING: Approval to enter into Modification Number One to the Hazard
Mitigation Grant Agreement Number 0IHM-4R-l1-54-15-009 with the Department of Community Affairs
for the Gato Building Retrofitting Project.
ITEM BACKGROUND: Monroe County requested a time extension of one year (April 25, 2003 to April
25,2004) on the above Agreement to allow the additional time necessary to resolve the issue with the non
compliant windows in the Gato Building.
PREVIOUS RELEVANT BOCC ACTION: At the February 21,2001, Board of County Commissioners
meeting the Board granted approval and authorized execution of an Agreement, Contract No. 0IHM-4R-
11-54-15-009, between Monroe County and the State of Florida, Department of Community Affairs in
acceptance of Hazard Mitigation Grant Program funds for the FEMA Project 1259-0019, Gato Building
Retrofitting Project.
CONTRACT AGREEMENT CHANGES: Modification Number One.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST:
-0-
BUDGETED: Yes
NO
Item Prepared by:
Stephanie 0
RE
AMOUNT PER MONTH
YEAR
Cost to County:
-0-
SOURCE OF FUNDS:
OMB/Purchasing _
.. P7/P?/o?7
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~ To follow
Not required
DISPOSITION:
AGENDA ITEM #
C7~
Revised 1103
MODIFICATION NUMBER ONE
TO
HAZARD MITIGATION GRANT AGKEltMENT
NUMBER. OlHM-4R-l1-S4--1S.oG9
Thi.5 Modification Number One is made and entered into by and betWeen the Florida
Depanmem of Community Affairs \the Department") and Monroe COWlty (''the Recipient") to
reinstate and extend that agreemenr between them dated April2S. 2001, and numbered DCA
ConlIaCt No. OlHM-4R-ll..S4-1S-009C"the Agreement").
WHEREAS1 me Agreement expired April 25, 2002; and
WHE.R.EAS, tile paniC$ desire to rein$tate the A~lIInt. r:ffcctive from its expiralion.
IIlUi to extend the AgrCCD1C!1t to Apri12S, 2004, in order for the Rccipienr to complete the Scope
ofWQrk, as set forth in AltaehmentA.
NOW, lHBREFORE. the parties agree TD reinstate the AgrcctDent as though it had not
expire~ and agree to modiiY the Agreement as follows: '
1. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following
paragraph substituted in its place md stead for all intents and purposes:
,
This AgreemenE shall begin April2S, 2001 :and shall end Apri12S, 2004, unless
- terminated earlier' in accOIdance 'with the provisions of paragraph (9) of this
Agreement. ; ,
2. Except as modified her~ all other provisions of lhe Agreement shall stay in full force
and effect.
IN WITNESS WHERROF. the parties have caused this Modification to be executed by
their duly authorized undersigned officials on the dates set forth below.
MONROE COUNTY
DEPARTMENT OF COl\(MUNITY
AFFAIRS
By:
By:
W. Craig Fugate, Director
Dlvision of Emergency Management
Monroe County Board of Conunissioners
..
Date:
Dare:,
Attachment A
Budget and Scope ofW ork
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A (Award Letter(s) and Obligation Report(s) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated
therein, the allocation of funds indicated therein, and the tenus and conditions of this Agreement.
Recipient shall not deviate from the approved project and the terms and conditions of this
Agreement. Recipient shall comply with any and all applicable codes and standards in
performing work funded under this Agreement, and shall provide any appropriate maintenance
and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida "Statutes. Funds shall be expended for, and development activities and land
uses authorized for, only those uses which are permitted under the comprehensive plan and land
development regulations. The Recipient shall be responsible for ensuring that any development
permit issued and any development activity or land use undertaken is, where applicable, also
authorized by the Water Management District, the Florida Department ofEnvironmentaI
Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any
federal, state, or local environmental or land use permitting authority, where required. Recipient
agrees that any repair or construction shall be in accordance with applicable standards of safety,
decency, and sanitation, and in conformity with applicable codes, specificati~ns and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be required by
the assistance awarding agency or state.
lfthe hazard mitigation project described ~ Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the
oWner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property acquired, accepted, or from which a structure will
be removed pursuant to the project:..
(a) the property will. be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands management practices;
(b) no new structure will be erected on property other than:
(i) a public facility that is open on all sides and functionally related to a
designated open space;
A-l.
(ii) a restroom; or
(iii) a structure that the Director of the Federal Emergency Management Agency
approves in writing before the commencement of the construction of the
structure;
(c) after the date of the acquisition or relocation no application for disaster assistance for
any purpose will be made to any Federal entity and no disaster assistance will be
provided for the property by any Federal source; and
(d) if any of these covenants and restrictions is violated by the owner or by some third
party with the knowledge of the owner, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida without further notice to the owner, its successors and
assigns, and the owner, its successors and assigns shall forfeit all right, title and
interest in and to the property.
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A-2