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Item I4 � L4 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: I.4 Agenda Item Summary #6937 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305) 289-2505 n/a AGENDA ITEM WORDING: Approval of the Selection of Boating Improvement Fund(s) [BIF] Reimbursement-Based Funding Request for FY2021 Submitted by the Village of Islamorada ($10,000 for Regulatory Buoy Maintenance) and Approval of an Interlocal Agreement between Monroe County and the Village of Islamorada Based Upon Staffs Selection Recommendation and Providing Said Funding to the Village for Regulatory Buoy Maintenance in FY2021 in the Amount of$10,000. ITEM BACKGROUND: At the February 15, 2012 Monroe County Board of County Commissioners (Board) meeting, the Board approved Resolution No.080-2012 (attached) establishing policies and procedures for the award of Boating Improvement Fund (BIF) reimbursement-based funding to the municipalities within Monroe County for boating and waterway-related projects. The funding procedures provide for submittal of annual funding requests, a project scoring and selection process, and award of funding through Inter-Local Agreements (ILA) based on funding availability. Staff has received one BIF funding application (attached) in the FY'21 funding cycle from the Village of Islamorada (Village) in the amount of $10,000 for costs anticipated to be incurred by the Village for regulatory buoy maintenance. Staff has scored the funding request, as indicated below (see attached Score Sheet). 1- 70 pt. Village: $10,000 for regulatory buoy maintenance Based on a proposed budget of$10,000 in State BIF (157-62520) in FY'21 for municipal waterway projects (see attached Expenditure Detail Item Budget), staff recommends approval of this project and execution of an ILA (attached) with the Village for BIF reimbursement funding contingent upon the performance and payment of services and submittal of required documentation. PREVIOUS RELEVANT BOCC ACTION: Oct. 2011- Approval of Resolution No.371-2011 establishing policy for BIF reimbursement funding procedures Packet Pg. 2634 L4 Feb. 2012- Approval of Resolution No.080-2012 revising policy for BIF reimbursement funding procedures May 2012- Approval of selection of BIF funding requests to the Village of Islamorada, City of Marathon and City of Key West, and direction to draft ILAs to award said funding July 2012- Approval of ILA with Marathon for $30,992 for buoy replacements and pumpout boat repairs July 2012- Approval of ILA with Islamorada for $30,000 for regulatory buoy maintenance July 2012- Approval of ILA with Key West for $34,700 for mooring field materials June 2013- Approval of selection of BIF funding requests to the City of Marathon, City of Key West and Village of Islamorada, and direction to draft ILAs to award said funding July 2013- Approval of ILA with Marathon for $25,000 for improvements to the Dodge Lake boat ramp July 2013- Approval of ILA with Islamorada for $20,000 for regulatory buoy maintenance Aug 2013- Approval of ILA with Key West for $37,100 for mooring field related work May 2014- Approval of selection of BIF funding requests to the Village of Islamorada and City of Marathon, and direction to draft ILAs to award said funding July 2014- Approval of ILA with Islamorada for $22,500 for regulatory buoy maintenance July 2014- Approval of ILA with Marathon for $24,000 for construction of a kayak launch facility May 2015- Approval of selection of BIF funding requests to the Village of Islamorada and City of Key Colony Beach, and direction to draft ILAs to award said funding July 2015- Approval of ILA with Islamorada for $25,000 for regulatory buoy maintenance July 2015- Approval of ILA with Key Colony Beach for $5,896 for regulatory buoy and signage replacement July 2015- Approval of Amendment No. 1 to ILA between Monroe County and the City of Marathon to provide for an additional year to complete project May 2016- Approval of selection of BIF funding request from the Village of Islamorada, and direction to draft an ILA to award said funding July 2016- Approval of ILA with Islamorada for $18,000 for regulatory buoy maintenance May 2017- Approval of selection of BIF funding requests from the Village of Islamorada for $10,000 (partial funding) and the City of Marathon for $30,000 (partial funding), and direction to draft ILAs to award said funding July 2017- Approval of ILA with Islamorada for $10,000 for regulatory buoy maintenance July 2017- Approval of ILA with Marathon for $30,000 for boat ramp parking repaving May 2018- Approval of selection of BIF funding requests from the Village of Islamorada for $10,000 (partial funding) and the City of Key West for $30,000, and direction to draft ILAs to award said funding July 2018- Approval of ILA with Islamorada for $10,000 for regulatory buoy maintenance Sept 2018- Approval of ILA with Key West for $30,000 for boat ramp maintenance Sept 2018- Approval of Amendment No.l to the Agreement with Marathon for completion of boat ramp maintenance project. May 2019- Approval of selection of BIF funding request from the Village of Islamorada, and direction to draft an ILA to award said funding Aug 2019—Approval of ILA with Islamorada for $10,000 for regulatory buoy maintenance CONTRACT/AGREEMENT CHANGES: Packet Pg. 2635 L4 n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Reso No 080-2012 Village funding request Score Sheet Expenditure Detail Item Budget ILA with Village of Islamorada FINANCIAL IMPACT: Effective Date: 10/01/2020 Expiration Date: 09/30/2021 Total Dollar Value of Contract: $10,000 Total Cost to County: $10,000 Current Year Portion: None Budgeted: Yes Source of Funds: 157-62520-530340 CPI: N/A Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: 10/01/20 157-62520 - BOATING IMPROVEMENT $10,000.00 from FY'21 budget REVIEWED BY: Peter Morris Completed 06/24/2020 4:24 AM Emily Schemper Completed 06/24/2020 10:44 PM Assistant County Administrator Christine Hurley Completed 06/25/2020 9:22 AM Purchasing Completed 06/25/2020 9:26 AM Budget and Finance Completed 06/26/2020 8:09 AM Maria Slavik Completed 06/26/2020 8:18 AM Kathy Peters Completed 06/26/2020 10:29 AM Packet Pg. 2636 L4 Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg. 2637 RESOLUTION NO. 080 -2012 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESCINDING RESOLUTION NO. 371-2011 AND ESTABLISHING POLICY FOR THE EXPENDITURE OF BOATING IMPROVEMENT FUNDS AND PROCEDURES FOR THE AWARD OF BOATING a IMPROVEMENT FUNDS TO THE MUNICPALITIES WITHIN MONROE COUNTY. 0 WHEREAS, moneys from vessel registration fees designated for the use of the counties is distributed by the tax collector to the Board of County Commissioners, pursuant to F.S. 328.72, hereafter referred to as State Boating Improvement Funds; and WHEREAS, State Boating Improvement Funds are for the sole purposes of y providing recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply with F.S.327.53; and WHEREAS, State Boating Improvement Fund revenues provide approximately $250,000 annually; and WHEREAS, the County approved Ordinance No.034-2002 to impose an annual registration fee on vessels registered, operated, or stored in the water within its jurisdiction pursuant to F.S.328.66, hereafter referred to as County Boating Improvement Funds; and 0 WHEREAS, County Boating Improvement Funds shall be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating- related activities of municipalities or counties; and WHEREAS, County Boating Improvement Fund revenues provide approximately $400,000 annually; and co CD WHEREAS, State and County Boating Improvement Funds are utilized by the c County for County channel marker and boat ramp maintenance, derelict vessel removals, y pumpout program costs, and other boating and waterway related projects Keys-wide; and WHEREAS, the County may provide Boating Improvement Fund dollars to the various municipalities for boating and waterway projects in accordance with the allowed uses described in F.S.327.53 and F.S.328.66; and WHEREAS, the County approved Resolution No.371-2011 which established criteria for the general use of Boating Improvement Funds and procedures for the reimbursement of Boating Improvement Funds to the municipalities; and Packet Pg. 2638 WHEREAS, the County desires to revise the policy established by Resolution No.371-2011, refining the purpose of reimbursement funding to the municipalities from Boating Improvement Funds, establishing funding request submission procedures, and providing for a selection process for the award of reimbursement funding; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. Resolution No.371-2011 is hereby rescinded. Section 2. The Monroe County Board of County Commissioners shall expend State and County Boating Improvement Funds only for County boating and waterway related projects, and municipal boating and waterway related projects in the form of reimbursement funding, in accordance with the allowed uses of Boating Improvement E Funds as described in F.S. 328.72 and F.S. 328.66. y 0 Section 3. The Monroe County Board of County Commissioners and °3 municipalities within Monroe County shall only perform boating and waterway related projects that serve the general boating public. Section 4. The Monroe County Board of County Commissioners may provide reimbursement funding from Boating Improvement Funds to the various municipalities for the purpose of providing for repair and maintenance of existing infrastructure, as well as for capital improvement projects. The following procedures are established: Funding Requests. Reimbursement funding requests shall be received by the County no later than April 1 of the fiscal year for funding from the upcoming fiscal year. Funding request forms will be available accompanied by guidelines including the following criteria: 1- Projects for consideration must occur over public upland or public bay bottom. 2- Funding shall not be provided for projects previously completed. 3- Requests for repair and maintenance funding for projects involving revenue producing infrastructure (such as, but not limited to, mooring fields or marinas or fee generating boat ramps) which should be co completely self-funding are discouraged. Requests for project funding for CD revenue producing infrastructure shall include evidence and written c analysis by the applicant of unmet costs, such as a current annual financial report, indicating total revenue, total expenses, and unmet availability of funds for repairs and maintenance. Boater Improvement Funds should not be used to simply supplant repair and maintenance funding. E 4- Requests for new improvement funding for projects that may involve future revenue producing infrastructure should include a fiscal analysis and assurance from the municipality that the improvement will be self- supportive and include operating and maintenance funding for future needs. 2 Packet Pg. 2639 5- Project Selection. Municipality funding request forms received shall be reviewed by County Growth Management staff(Staff) after April 1 of the fiscal year. Staff shall score each funding request and make selection recommendations based on community need, project merit, and funding availability. Staff recommendations may include awarding all of, or a portion of the amount requested. Staff shall provide funding requests and selection recommendations to the BOCC by June of each fiscal year. The BOCC shall evaluate the staff s recommendations and provide Board approval in ranking order, based on funding availability. 6- Funding Awards. After the Board approved projects are known, each applicant shall enter into an Inter-local Agreement (ILA) with the County indicating the municipality shall expend the funds and show evidence of expenditures, prior to reimbursement. c 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe °3 County, Florida at a regular meeting held on the 15th day of February, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Sylvia J. Murphy Yes BOARD OF COUNTY COMMISSIONERS ' OF MONROE COUNTY, F ORIDA -n 1 . BY: l` k Mayor David Ri e - rn 0. �. � °ATTES'T 'FANNY L. KOLHAGE, CLERK 0 cCD o c Deputy Clerk y / MONROE aLINTY ATTORNEY 10a VFab AS TQ FORM : 3 Packet Pg. 2640 � �A 0 n vatag e of IsCands �ttt � .: c March 19. 2020 0 Rich Jones, Senior Administrator Marine Resources tall"ficc c Monroe County Planning Department 2798 Overseas Hwy, `quite 420 �+ Marathon, FL 33050 ICI°: Municipality Funding Request loran f`4ar Monroe bounty Boating Improvement Funds Islarnorada, Buoy Maintenance Program FY 2021 Dcar Mr. Jones: On behalf"of Islaanoraada. Village of Islands. I any pleased to transmit the enclosed Municipality Funding bequest loran 1`01`USC of Monroe Counly, Boating Improvement Funds lY 2021. Thank you for your consideration and continued support. Should you have any questions, or require additional information, please feel free to contact Ana l lernandea by telephone at: (:305) 66 - 45 3, or aria email at: respectfully, _s Ana Hernandez Cr Procurement& Grants Administrator 2 86800 Overseas I Iitghw a^+.Third 1°loor, I lanior-ada. I'L 3 3036 3 05-66=t-645t1 F'i�X 30'5-664-646 Packet Pg. 2641 L4.b MUNICIPALITY FUNDING REQUEST FORM FOR USE OF MONROE COUNTY BOATING IMPROVEMENT FUNDS Request Forms must be submitted by April 1st for funding consideration for the following fiscal year. Please complete the following as thoroughly as possible. If you have any questions please call the Monroe County Marine Resources Office at 289-2805 for assistance. I- APPLICANT INFORMATION 0 Islamorada, Village of Islands Municipality: 0 Project Lisa Watts Manager: 0 Phone: 305-852-2381 Email: lisa.watts@islamorada.fl.us y 0 0 II- PROJECT SUMMARY Project Title: Islamorada Buoy Maintenance Program FY2020/2021 Project description and purpose (explain the community need and project merit): Islamorada, Village of Islands ("Islamorada") boundaries extned from Tavernier Creek Bridge at mile marker 90.9 to the Channel Two Bridge at mile marker 72.6 and include Plantation Key, Windley Key and Upper and Lower Matecumbe Keys. Known as the "Sportfishing Capital of the World", the waters off Islamorada are 0 heavily trafficked by recreational boaters, fishermen, personal watercaraft, kayakers and canoers. In 2004, to aid in boater safety and facilitate preservation of nearshore waters, flats and reefs, Islamorada established a Buoy Maintenace Program by maintaining a Florida Univorm Waterway Marker compliant system of 120 buoys and a series of fixed informational markers within Islamorada's 12' off-shore jurisdiction 0 in the ATlantic Ocean and the Gulf of Mexico. Due to heavy boat traffic, environmental ware, seasonal strom 0. activity and ocassional theft, Islamorada experiences frequent losses and damages to its buoy system. Under Florida law, and pursuant to Islamorada's Ordinance 03-10, Islamorada retains marine contractors to regularly y inspect the buoys and markers to ensure operational continuity of the system and the safety of the public and the environment. Cr m 2 To asssist with anticipated maintenance costs in FY 2020-2021, Islamorada requests Monroe County reimburse Islamorada $10,000.00 in Boating Improvement Funds for costs expended in the upcoming fiscal year. Based on prior year's expenditures and FY 20/21 program goals of increased site visitation, permitting additional buoys locations and continued distribution of educational materials, Islamorada's total Buoy Maintenance Program costs for FY 20/21 are estimated to be$13,750.00. If awarded, Islamorada will _ contribute $3,750.00 (25%)cash toward program costs from its FY 20/21 Marina Enterprise Fund budget. Funded program work would include 1) labor for certified divers to inspect buoys and anchors, assemble and install new bouys and anchoring materials as neeeded; 2) supplies or replacement buoys, anchor assembly m lines, property identification and numbering decals; 3) printing and distribution of educational material advising 0 boaters about safety issues and waterway marker information. This project is meritorious, useful and needed because without the proper buoy system, boating on the waters of Islamorada would be dangerous and confusing for boaters and harmful to our reefs and wildlife. V2-REVISED 2/25/2019 PA Packet Pg. 2642 L4.b MUNICIPALITY FUNDING REQUEST FORM FOR USE OF MONROE COUNTY BOATING IMPROVEMENT FUNDS III- PROJECT DETAILS Total estimated Funding r project cost attach amount P 1 ( 13750.00 10000.00 '; cost estimates) requested ... ... ... ... ... ... ... ... ... ... ... ... ... ,YY Is project site Is project a new Does project Yr, occurring entirely RM= capital &° include revenue >, on city owned improvement? generating 1 0 property? infrastructure? * °° 0 Description of how project may promote public water access: Islamorada'a Buoy Maintenance Program promotes public water access by utilizing 120 highly visible shallow o 1�9draft buoys marked with GPS identifiers to determine position, warn of dangers and obstructions in navigation r and alert boaters and operators of various Federal, State and Local Reugulations. Bouys are safer than fixed ' signs, reduce the severity of boater/sign collisions and are less expensive to erect and maintain. The buoys 0 are ideal for the low-energy environment surrounding Islamorada, where boaters must remain vigilant of '�g manatees and sea turtles year round. The project also promotes safe boating practices and protection of =_ Islamorada's fragile sealife by exhibiting on every bouy the remind: IDLE SPEED NO WAKE 300' FROM 1 '�g SHORE". For boating visitors unfamiliar with the area Islamorada also distributes educational brochures and , rack cards to increase public safety awareness and knowledge of local boating issues. s.. r Status of project (is the project designed/permitted if applicable?) The applicant will provide any pertinent documentation to assist with the review and evaluation of the funding request '�g such as site plans(verifying property ownership),design plans, permits, etc. In 2008, pursuant to the Florida Administrative Code and Islamorada's Ordinance 03-10, Islamorada's current waterway marker plan was reviewed and approved by the Florida Fish &Wildlife Conservation Commission's Office of Boating Safety&Waterway Management. The attached FWCC Permit No. 04-018 lists the statewide marker identification numbers, latitute/longitude and sign verbiage for each of the 120 approved buoys in the ' system. 76 0 s . s . r List other funding sources (match) and amounts: Cr 2 CD Funding Source (match) Amounts Islamorada, Marina Enterprise Fund Budget 3750.00 CD Timeframe for J ro'ect start/completion:letion: E p p The funding requests if for FY 20/21. The project would commence on October 1, 2020 and end on September 30, 2021. This is an ongoing multi-year project. Islamorada understands that the period of perfomance is October 1, 2020 to September 30, 2021. *Requests for funding for revenue generating infrastructure must include an explanation of unmet costs, including fiscal analysis documentation (such as a current annual financial report). PA Packet Pg. 2643 V2-REVISED 2/25/2019 L4.b ISLAMORADA, VILLAGE OF ISLANDS ESTIMATED COSTS FOR FY 2020/2021 Poseidon Marine Towing Corp. $89750.00 Buoys & Chains $49000.00 Brochures $1,000.00 0 TOTAL $139750.00 These costs are estimated based on FY 19/20 expenses for services and supplies. To date, Islamorada has spent $10,102.72. 0) Cr CD Packet Pg. 2644 Buoy Maintenance Proposal Poseidon Marine Towing Corp. PO Box 831 Islamorada, FL 33036 Village Buoy Contract 2020-2021 OBJECTIVE c To search for anchors where buoys are no longer there. Install new anchors where we are unable to find ca anchors. Clean and check current buoys in place. Replaced damaged buoys. SCOPE OF SERVICES c 1. Anchor Search y On scene/set up/search—Approx.45 min.each at approx. 10 anchors—7.5 hrs.total 2. Anchors Installed Approx. 6 Anchors to install. On scene/set up/install—Approx. 3 hrs. each at 6 anchors- 18 hrs.total. = 3. Buoys Cleaned/Checked Entire buoy system 120 buoys. Clean/Check buoy/Chain etc.Approx. 1 hr. each. On scene/Set up Clean/Check—120 hrs. total. 4. Replace Damaged Buoys Approx. 13 buoys to replace. On scene J Set up J Install new buoy, line etc. 1 hr.each— 13 hrs. ca 4- 0 76 WORK TO BE PERFORMED c Approx. number of hours 158.80 hrs.at$100.00 per hr. _$17468.00 m PURCHASES rr Orange reflective sticker-$100.00 Hose—200 ft.—Approx. $200.00 Shackles—100 Approx.$120.00 Buoy's-$122.85 each plus shipping of$24.00 each= 10 buoys=$ 1,468.80 Graphics for buoy's—Approx. $27.00 each—2 per buoy=40=$1080.00 Total amount of project is $20436.80 Packet Pg. 2645 L4.b *NOTE* Contingency allowed for Scope of Work built into each section. Weather is always a factor on work performed and the timeliness of completion. Sunny days and clear water make it easier to work and find anchors. We consider weather conditions when heading out to work on buoys. Owoe r c 0 c Carlos do Ilene Perez c 2 Cr Packet Pg. 2646 1 64k K r I .n'v 44 44 I' 1 I S s I I i ti . r. r. a Buoy Maintenance - _ s W . T M �• �mil' � '.�,' C . e7" A "tZ x, PI PIC- COLLAGE w - E t m. � 1 1 , r i 47 444 �rl31 w 4 r r. 4 _ WY • • a • 1 Wl Y Y ! w � may. �a _ . PIC - COLLAGE .......,. m r SKI m-q r F n u a d '' _ _ w _ I r After , L w — m --meµ +ca _ r - _ .c..�. •_.,...-�.�+.r�.(y—. ..ri a._ �,..n= � n•I.a'Y-Ja'.. y rc � y J .., ��� .. � -. "„�._ r ..., • __ --vim - "'�'— a�Sw"G._. 9^ " x a�� e ........ _ - 7 77 I f h�#�tzr�d fileft * fter re a A -i Lu *u 9 2�9 38 38 1 a w. - M Gv Z[ , V i }SA1 �i d , x� » .O! r h u n • .E•- � r Mu Fk� If a• . . JJ Yt 1• �`A _ ... ._. •Vie-,^ � ,sal T Ff wy L4.b Informational stock cards distributed by Islamorada, Village of Islands' public Plantation Yacht Harbor. 0 NOUN ISLAMORADA VILLAGE OF ISLANDSiED BUOY MAINTENANCE 0 PROGRAM F M SH, E 10 -ED I0 Thiszowwessels induding air boats and F M SH E rJ i doscartmow I needed to maintain Ueerage and RETURN �3 4 !! lanvwd motion 2 IS FDA S i hareraids PUBLIC WORKS DEPT CAN ft Is Dept at( S) S2 33 to veport Cr ( ) 52- 33 buoys 2! mpafrar bo&u danadas a Mdidas a greu cnrrfa FIM e„e wbu cmrNvehrY(�vnNran awar uarrq hpvvan+aM uragyn Packet Pg. 2654 L4.b BROCHURE e 11SLAMORADA REGULATORY 0 Tavernier Creek to Channel Two 0 (U This chart is not meant for navigational purposes. CIO Please refer to the reverse side for complete details. 0 W w 0 76 r 2 e e • • • y Packet Pg. 2655 .. . �JIM� �» ) < z! - ¥ . . . . \3 e . a � e � LEGEND LAND MASS NON COMBUSTIBLE MOTOR ZONES NO WAKE/IDLE SPEED . SOOFEET FROM SHORELINE MINIMUM WAKE - SLOW SPEED EVERGLADES NATIONAL PA RK BOUNDARY r h TA'VERNIER 9 MEt� A +P r l WHALE HARBQR ZH;AN4E- L INSET PLANTATION KEY SNAKE * r +v 1 04f HAL HARBOR CHANNEL r UPPER MATECUMBE L LIGNUM'VITAE BOTANICAL SITE INSET , SHEL.L KEY LIGNUMVITAE KEY a"fir° • 'i T'r L 1� z r� IN []IAN KEY i ,}` L4.b N\N,0 T k 1­-," ` IN ISLAMORAD-Az- U Welcome to hillage of Islamorada. The State of Florida has grant- ed Islamorada police powers and jurisdiction into the tidal waters adjacent to its established corporate limits (from Tavernier Creek south to Channel Two Bridge). We have designed this document to help you understand and comply with local, state and federal marine A' regulations and to help make your time in the waters surrounding Islamorada more enjoyable and safe. The charts are not for naviga- tional purposes, only to assist you in observing the regulations that govern our waters. Please, take care of our waters, coral, seagrass and wildlife and please respect the waters surrounding Islamorada, y The Fishing Capital of the World. 0) g7 Markers and Definifions*. 4, v 1. regulations are strictly 4- 0 IDLE END All vessels must be at IDLE SPEED/NO WAKE while p. > IC E motoring in manmade canals and basins. Idle 0 speed is the lowest speed needed to maintain steer- U tf age and headway. No wake should be produced at W - this speed. Much of Tavernier Creek, Snake Creek and Whale Harbor Channel are marked as SLOW SPEED/MINIUMUM WAKE. This means your boat must be settled in the water, not plowing, and producing little or no wake. See map on opposite side for specific locations. eA tORO k 1st ; s � roe n�Wsar� 01 list Packet Pg. 2659 L4.b 111Uw1 vi NV1C/ Nauu1c YUu1 UUM VVIL11 YUui 111UwT uiiiiii1CU uN. require compliance. ivo wake is the lowest speed needed maintain steerage. All waters within three miles of the shoreline of Islamorada and the Florida Keys are designat, as No Discharge Tones. Simply put, any vessel with a toilet or holding tank, which is capable ur- of flushing into the water, is required to have the release valve locked into position to preven direct discharge of treated or untreated water into our waters. Please use the dockside pump out facilities that are available to the public at the following locations: 0 Facility Island MM Entry Phone No. Fee 0 John Pennekamp State Park Key Largo 102.5 Bay 451 -1621 $ 0 Key Largo Harbor Marina Key Largo 100 Ocean 451 -0045 $ 5 Blue Fin - Rock Harbor Marina Key Largo 97.5 Ocean 852-2025 $ 5 0 Mangrove Marina Tavernier 91 .7 Bay 852-8380 $15 Islamorada Founder's Park Plantation Key 87 Bay 664-2345 $ 5 Treasure Harbor Marina Plantation Key 86.5 Bay 8S2-24S8 $ 5 0) Snake Creek Boatworks Plantation Key 86 Bay/Ocean 664-8718 $0 Smuggler's Cove Marina Windley Key 85.5 Bay/Ocean 664-5564 $ 5 = Holiday Isle Resorts & Marina Windley Key 84 Ocean 664-2321 $15 World Wide. Sportsman Islamorada 81 .5 Bay 664­461 5 $ 0 Coral Bay Marina Islamorada 81 .2 Bay 664-31 11 $ 5 Hawk's Cay Resort Duck Key 61 Bay/Ocean 743-9000 $15 Emergencyrsfor, Islamorada U.S. Coast Guard Islamorada 305-664-44 Cell ECG tif Monroe County Sheriff - Islamorada Office 305-853-70 05 ' A ,4 Fish and Wildlife Commission 888-404-39 > $ c Cell FWC 2 k Turtle & Marine Mammal Rescue 888-404-39 C Wild Bird Injury Hotline - Upper Keys 305-852-44 a � ;iu � ru 1�,r Lignumvitae State Park for Groundings 305-664-25 �- `` 'gin - Life Threatening Situation - Announce MAYDAY or VHF channe Snake Creek Bridge For openings contact VHF' Channel 9 or call 305-664-3637. Openings are on the hour and half hou . between 8:00 a.m. and 4:00 p.m. All other tunes are or request. Packet Pg. 2660 L4.b Safety,Tips on Boater and StewardsMp. ,<< o habitat - No fish + t Its Healthy seagrass is key. Did you know at some life stage, 70% of the world's harvested seafood species depend upon seagrass and other estuarine habitat for survival? The seagrass that surrounds Islamorada is vital to our water quality and marine food webs. What can you do to help? • Wear polarized sunglasses, which helps you distin- y guish deep water from shallow grass flats. • Pole or row your boat through shallow water flats W PVC stakes such as these designate sea instead of using your motor. _ grass restoration in progress to heal • Don't pollute. Be proactive and pick up all trash prop scars. seen while you are on the water. • Don't leave your fishing line behind. Monofilament line kills fish and lower units on motors. Place all your monofilament line in a container on your boat, and then discard in a recyclable container once on shore. Responsibilityviro e t and Othert ! I-o preserve and protect the environment and not endanger others, each person must be respon- ;ible. • Islamorada has wind and kite surfers using our near shore waters. They are under sail and have the right-of-way. Be particularly careful when your vessel is near wind/kite surfers because often the surfers have limited visibility and control which is wind dependent. • By law, you are responsible for your own wake. Slow down when within 300 feet of stationary vessels, mangrove shorelines, and buildings, or try to avoid them entirely. -- • Keep a chart on your boat; always know exactly where you are. If you are not sure about water depth, remember green and blue is good and brown is bad. Obtain a Florida Boater Safety Certification. Florida Fish and Wildlife offers a How to Boat Smart Certification, which also could reduce your insurance rates. Go to ww t d + ffi Do not feed wildlife. • Ensure your saltwater fishing license is current. Licenses can be obtained by calling 1 -888-347-4356. • Never use your Personal Water Craft (PWC) or boat to disturb, chase or harass wildlife. • Remember a PWC does not have a reverse nor can it be controlled without power - be careful operating your boat when near a PWC. When fueling, don't top off the tank. �r Personal Water Craft (PWC) the operators of personal watercraft need to be aware of sev- aral rarmirc+mcntc Afirlitinn-alhr mnnv mnnnln rnnc;Amr MA/r' Packet Pg. 2661 L4.b • rersonai watercrart may not oe operaceu irurrr z nuuw past sunset to VZ hour before sunrise. Night operation of a PWC is unlawful. • A PWC being maneuvered by weaving in congested vessel traffic, jumping the wake of another vessel or swerving to avoid collision (as in playing chicken or spraying another person) is considered reckless operation of a vessel - (a first degree misdemeanor). • A person must be 14 years of age to operate a PWC in Florida and 18 years of age to rent a PWC. • Do not operate a PWC on Islamorada's shallow water grass flats to avoid sediments, seagrass and tiny marine life from being sucked into water pumps. • Many people are on the water to enjoy a k ,,,av�t� f quiet and relaxing time. Vary your oper- 0 „ ating area and remember, it can be 0 j5 + very stressful for vessel operators to have a PWC in close proximity to their vessels. � E N «� Please avoid getting within 500 feet of a boat y being Poled. They are typically in very shallow 0 o water and it is considered extremely rude in y� Islamorada to do so! "Showtime" watercolor by Klaus Schuler „l1s�affStu '84't' t Re- strictions, V 81J4 ^h u, irk � diving and snorkeling within 300' of residential and/or commercial i4'' shoreline within any manmade or private canal; within any public or )rivate marina and/or basin is NOT ALLOWED between Mile Marker )0.9 and 72.6 during lobster Mini Season. OT > nSW 2 Diver Safety Itor • A divers-down flag (20" by 24") is required to be displayed when divers or snorkelers tom, are in the water. The flag needs to only be 12" by 1 2" if on a floating flag buoy. r ivers�Down lag The flag should NOT be displayed unless divers are in the water. • In open water, vessels must make an effort to stay 300 feet away from divers-down flags. If you are within 300 feet, you must be at IDLE SPEED. • Do not dive without a flag. You may think it is safe to snorkel near the shoreline without a flag, but it is very dangerous. Packet Pg. 2662 L4.b PERMIT 9/4/2009 Florida Fish &Wildlife Conservation Commission Florida Uniform Waterway Marker Project Data Verification Owe a(soating Safety B waterway Management O FWCC File No.:04-010 Project Name:04.018 VILLAGE OF ISLAMORADA Date Submitted: 1/L/2004 Waterway(.): ATLANTic OCEAN Status.APPROVEO Date Approved: 1.2/17/2008 GULF OF MEXICO Intercoastal Waterway:N Clasa. BOATING SAFETY Markers Verified: No Applicant:VILLAGE OF ISLAMORADA Contact. ZULLY HEMEYER ISLAMORADA,VILLAGE OF ISLANDS POST OFFICE BOX 560 ISLAMOKADA,FL31036- E-mail Address:zully.hemeyer4isiamorada_fl.us Fhone: (30S)664-6427 Ext: M Fax,(305)853.5357 Suncom: Person Reeponslble For Maintanance:UNKNOWN BERNIE LAPIRA VILLAGE MANAGER 870000VERSEAS HIGHWAY N POST OFFICE BOX 33036 (SLAMORADA,FL 33036- 0) E-mail Address:barn ie.lapira4islamorada.fi.us CD Phone.(30S)564-2345 Ext: —_ Pax:(305)853-53S7 Suncom: County(s): MONROE Local Governmental Action Establishing Boating Restricted Area:Ordinance*1 03-10 Date: Rule p: Date: '�.I'�4+fI£.�Rf!III�.rmitt/A anralCRlt Florida Fish &Wildlife iConsarvatlon Commission,Y Units States Coast Guard(USCG):Y Army Coroe of Engir:eere(USCOIE):Y III Dept of Environmental Protection(DEP):Y CD Markers 944/Id/Ver Latitude Longitude Site Location Mount Code Direction Symbol Waterway 1117040 25 00.22836N 090 32.41002W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage.- IDLE SPEED NO WAKE Additional Sign Verbfaget LOW FROM SHORE 2/17041 25 00.26670N OBO 32.52330W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Varblage. [OLE SPEED NO WAKE Additional Sign Verbiage. 100'FROM SHORE > O 3IL7042 25 00.2S332N 080 32.62332W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage-.IDLE SPEED NO WAKE Additlonal Sign Verbiage: 100'FROM SHORE 4117043 25 00,15168N 080 32,65500W OCEAN/GULF Water BUOY ATLANTIC OCEAN N Sign Verbiage- IDLE SPEED NO WAKE to Additional Sign Verbiage: 100'FROM SHORE Cr 5/1.7044 25 00.04668N 080 32.68332W OCEAN/GULP Water BUOY ATLANTIC OCEAN CD Sign Verbiage: IDLE:SPEED NO WAKE Additional Sign Verblage. 100'FROM SHORE 6/17045 24 59.9482814 080 32.71332W OCEANIGULF Water BUOY ATLANTIC OCEAN Sign Verbiage. IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 7/17046 24 59.44996N 080 33.171,60W OCEAN/GULF Water BUOY ATLANTIC OCEAN —_ sign Verblage:IDLE SPEED NO WAKE Additional Sign Verbiage, 100'FROM SHORE O Packet Pg. 2663 L4.b 8117047 24 59 35998N 080 33.19830W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Varbiege: 100'FROM SHORE 9/17048 24 59.30502N 080 33.15828W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 10/17049 24 S9.23662N 080 33.LO662W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage; 100'FROM SHORE O 11/1.7050 24 59.17002N 080 33,1416OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE m 12/17051 24 59.07828N 080 33.L8660W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE O 13/17052 24 58.98162N 060 33.2316OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage:IDLE SPEED NO WAKE N Additional Sign Verbiage: 100'FROM SHORE 14/17053 24 58 91658N 080 33.28002W OCEAN/GULF Water BUOY ATLANTIC OCEAN W Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOW FROM SHORE 15/17054 24 58.83162N 090 33.37002W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100' FROM SHORE 16/17055 24 58.735021%1 080 33.47328W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage. 100' FROM SHORE 17/17056 24 58.6233ON 080 33.44658W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additlonal Sign Verbiage. 100' FROM SHORE 18/17057 14 58.5150ON 080 33.43830W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage, IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE ca 19/17056 24 58.42332N 080 33.47658W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verblage: LOU,FROM SHORE O 20/17059 24 58.33998N 080 33.5283OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100' FROM SHORE 21/17060 24 58.Z9000N 080 33.626SSW OCEAN/GULF Water BUOY ATLANTIC OCEAN N Sign Verblage: IDLE SPEED NO WAKE Additional Sign Verbiage, 100'FROM SHORE cr z2f17061 24 58.25502N 080 33.72660W OCEAN/GULF Water BUOY ATLANTIC OCEAN 2 Sign Verbiage: IDLE SPEED NO WAKE CD Additional Sign Verbiage: 100'FROM SHORE 23/17062 24 S6.2533ON 080 33.84000W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verblage: 100'FROM SHORE 24/17063 24 58.17162N O80 33.92658W OCEAN/GULF Water BUOY ATLANTIC OCEAN _ Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Varblage: 100' FROM SHORE 25/17064 24 58.0833ON 080 33.98658W OCEAN/GULF Water BUOY ATLANTIC OCEAN U Packet Pg. 2664 L4.b Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 26/1.7065 24 58.01,658N 080 34.0866OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage:IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 27/0066 24 57.96498N O00 34.2150OW OCEANiGULF Water BUOY ATLANTIC OCEAN _ Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOG'FROM SHORE 2BIL7067 24 57.83832N 060 34.2633OW OCEAN/GULF Water 81JOY ATLANTIC OCEAN O Sign Verbiage-IDLE SPEED NO WAKE Additional Sign Verbiage: LOG'FROM SNORE 29/17068 Z4 5738330N 080 34.34328W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiagoi IDLE SPEED NO WAKE Additional Sign Verbiage: LOO'FROM SHORE 0 30/17069 24 57.79158N 080 35.L4 LSBW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblage; IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE N 4- 31/t707O 2457.76002N 080 IS.L8502W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sign Verblage: IDLE SPEED NO WAKE 0) CD Additional Sign Verbiage: LOO'FROM SHORE 32/1707 L 24 57.72000N GOD 35.23002'N OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblage; IDLE SPEED NO WAKE Additional Sign Verbiage: LOO'FROM SHORE 33/1,7072 24 57.75498N OdO 35.26158W QCEANjGULF Water BUOY ATLANTIC OCEAN Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 34/1 7073 24 57.7682814 080 35 29158W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblager IDLE SPEED NO WAKE CD Additional Sign Verbiage: lG0'FROM SHORE _ 35/17074 24 56.0683ON 090 37,31328W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage;IDLE SPEED NO WAKE Additional Sign Verbiage: 130'FROM SHORE 36/t70a7 24 56.01828N 060 37.36332W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IOLE-SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 37/17089 24 55.94658N 080 37.4316OW OCEAN/GULF Water BUOY ATLANTIC OCEAN O Sign Verbiage:IDLE SPEED,NO WAKE Additional Sign Verbiage: 100'FROM SHORE 38/17089 24 55.87998N 080 37,4B332W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblage:IDLE SPEED NO WAKE ¢' Additional Sign Verbiage. LOO'FROM SHORe N tU 39/17090 24 55.61332N 080 37.54990W OCEAN/GULF Water 6UOY ATLANTIC OCEAN O Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE CD _, _ . — - c 40/1709L 24 55.75002N 080 37.6266OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 41/17092 24 SS.6666ON 080 37.68162W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOO'FROM SHORE 42/1,7093 24 55,6I32RN 080 37.73832W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE O U Packet Pg. 2665 L4.b Additional Sign Verblaget 1.00'FROM SHORE 431t7094 24 55.54158N 080 37.80498W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: 1OLE SPEED NO WAKE Additional Sign Verbiage: 100' FROM SHORE 44/17095 24 55.54002N 080 37.89498W OCEANIGULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 45/1.7096 24 55,48662N 080 37,9716UW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: 100'FROM SHORE 0 46/1,7097 24 55.36662N OBO 38.07828W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 47/11098 24 55.29L62N 060 36,07828W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 48/17099 24 55 2483ON 00D 38.ISL60W OCEAN/GULF Water BUOY ATLANTIC OCEAN N Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: L00' FROM SHORE 0 49/17100 24 54.04332N 080 38,37000W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage- 100' FROM SHORE SO/17 1.01 24 54.96826N 080 38 46 L62W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IOLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 51/17102 24 54.873JON 080 38,57658W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 52/17103 24 54,8283ON 080 38 7033OW OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: 100' FROM SHORE 0 53/1,7104 24 S2.44498N 080 42.3LOO2W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 54/17109 24 S2.35000N 080 42.3333OW OCEAN/GULF Water BUOY ATLANTIC OCEAN ru Sign Verbiage: IDLE SPEED NO WAKE > Additional Sign Varblage: 100'FROM SHORE 0 55/171.06 24 52.2966ON 080 42.42828W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE �-- Addltional Sign Verbiage: LOO'FROM SHORE 56JI7107 24 52,26498N 080 42.52998W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 0 Sign Verblage: IDLE SPEED NO WAKE Cr Additional Sign Verbiage: 1.00'FROM SHORE 57/L7108 24 52.24332N 080 42.84996W OCEAN/GULP Water BUOY ATLANTIC OCEAN 0 Sign Verbiage. IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 58!17Log 24 52.1.4000N 080 42.70158W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sign Verbiage- IOLE SPEED NO WAKE Additional Sign Verbiage: LOO' FROM SHORE 59/171 LO 24 52,07558N 090 42,78000W OCEAN!GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage. LOG'FROM SHORE 0 0 Packet Pg. 2666 L4.b 60/L7I11 2452.01502N 08042.87000W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: IOT FROM SHORE 61/17 L 12 24 S1 97332N 080 42,97002W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 62/17113 24 51-90498N 080 43.06158W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE ' Additional Sign Verbiage: LOO'FROM SHORE 0 0 63/1,711.4 24 5I 8L660N 08043.10160W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblage: IDLE SPEED NO WAKE �0 Additional Sign Verblage: L00'FROM SHORE 64/171 L5 24 5 L ?7iQ2ri ORO 43.2033OW OCEAN;GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: LOO'FROM SHORE 65/171 L6 14 51.87558N 080 43-31502W OCEAN/GULF Water BUOY ATLANTTC OCEAN N Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage. L00'FROM SHORE 0 66t171L1 24 51.98160N 080 43 46160W OCEAN/GULF Water BUOY ATLANTIC OCEAN C Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage! L00'FRO6I SHORE 67/t7118 24 52 0483ZN 09043,58832W OCEAN/GULF Water BVOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED .NO WAKE Additional Sign Verbiage; LOO'FROM SHORE 68/17119 24 52.016SBN 080 47 70L60W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage; IDLE SPEED NO WAKE Additional Sign Verblage; 100'FROM SHORE 69/17L7.0 24 519HI60N 0804181870W OCEAN/GULF Water BUOY ATLANTIC OCEAN C Sign Verblage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOW FROM SHORE 70,L71 2 t 24 SL 97929N ORO 41 9L33UW OCEAN I1LF Water BUOY ATLANTIC OCEAN Sign Verblage; ID6E SPEED NO'NAKE Additional Sign Verblega: 100'FROM SHORE 71!17122 24 5: 88662N 11SO 44 03L5CVa OCEAN/GULF 'Water BUOY ATLANTIC OCEAN 0 Sign Verbiage: 10_E SPEED NO'WAKE ru Additional Sign Verbiage, f0O'FROM SHORE > 0 72/17123 24 91.81162N 080 44,10498W OCEAN/GULF Water BUOY ATLANTLC OCEAN 0. Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verblage: L00' FROM SHORE 73/17124 24 5L.72330N 080 44.16162W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sinn Verbiage: IDLE PEED NO WAKE 0 Additional Sign Verbiage: 100'FROM SHORE 74/17125 245L.66000N 00044.2233OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: L00'FROM SHORE 0 75/17126 24 51-4950ON 080 44,37498W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: 100'FROM SHORE 76/17127 24 5L,43SOON 080 44.43000W OCEAN/GULF Water BUOY ATLANTIC OCEAN = Sign Verblaget IDLE SPEED NO WAKE Additional Sign Verbiage: too'FROM SHORE 0 U Packet Pg. 2667 L4.b 77/171.28 24 S1.36828N 080 44,44662W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE U 78/17129 24 51.3033ON 080 44.46498W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 79/L1130 24 51.2283ON 080 44,48328W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Vorblage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE C: 00/17131 24 51.1950ON 080 44 50002W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE O 01/17132 24 51.1350ON 080 44.4966OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Add4tlonal Sign Verbiage: L00'FROM SHORE O 82/17133 24 51.08502N 080 44,47002W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Vorblage: IDLE SPEED NO WAKE N Additional Sign Verbiage: 100'FROM SHORE O 83/17134 24 51.03828N 060 44 43000W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0) Sign Verbiage. IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE _ 84/17L35 24 SL.03828N 080 44.43000W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbieper IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 85/17136 24 S1.81000N 08042,S9632W OCEAN/GULL' Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 86/L7137 24 51.90498N 080 42,48660W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblege: IDLE SPEED NO WAKE Addidonal Sign Verbiage: 100'FROM SHORE 87IL7130 24 51,97662N 080 42.34158W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Varblage: L00'FROM SHORE 6-3 88/L7139 Z4 52.0650ON 080 42.1533OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 89/17L40 2452,16180N 08042.0450OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Varbiaget IDLE SPEED NO WAKE 0. Additional Sign Verbiage: L00'FROM SHORE ' 90/17141 24 54.65832N 060 38.19628W OCEAN/GULF Water BUOY ATLANTIC OCEAN ¢ Sign Verbiage: IDLE SPEED NO WAKE N Additional Sign Verbiage: 100'FROM SHORE 91f17142 24 54,73332N 060 38,09502W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verblager 100'FROM SHORE 92JI7143 24 54.8 L828N 060 37,98828W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 93/11144 24 55.23498N 080 37.6266OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verblaget IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 41;17145 24 55.23498N 080 37.56162W OCEAN/GULF Water BUOY ATLANTIC OCEAN U Packet Pg. 2668 L4.b Sign Verbiage: (OLE SPEED NO WAKE Additional Sign Verblage: LOW FROM SHORE 95/17L46 24S5.3266ON 08037,46658W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sian Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 96/17147 24 5S.42500N 080 37.3399BW OCEAN/GULF Water BUOY ATLANTIC OCEAN _ Sign Verbiage: [DLE SPEED NO WAKE Additional Sign Verbiage: LOU' FROM SHORE 97/17148 24 55 51.998N 080 37.22658W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100' FROM SHORE 0 98/17149 24 55 62000N 080 37.12SOOW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: L00'FROM SHORE 0 99117ISO 24 55.70328N 080 37.04832W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage; 100' FROM SHORE in 4- L00/17151 24 SS 8066ON 060 36.97332W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: COO' FROM SHORE CD 101/1 71.52 24 57.9033ON 080 34 15158W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 102/17153 24 57 19662N 080 34.03998W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 103/17154 24 57 27828N 080 33 92502W OCEAN/GULF Water BUOY ATLANTIC OCEAN 0 Sion Verbiage: IDLE SPEED NO WAKE CD Additional Sign Verbiage: LOO' FROM SHORE 0 1.04/1.71S5 24 57.33826N 080 33.87330W OCEAN/GULF Water buoy ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 Additional Sign Verbiage: 100' FROM SHORE LOS/L7156 24 57.46002N 080 33.81000W OCEAN(GULF Water BUOY ATLANTIC OCEAN 6-3 Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOU' FROM SHORE 106117157 24 57,5650ON 060 33.71832W OCEAN/GULF Water BUOY ATLANTIC OCEAN > 0 Sign Verbiage:IDLE SPEED NO WAKE Additional Sign Verbiage: l00'FROM SHORE 0 107/1,7158 24 S7.68328N 080 33.64SOOW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE N Additional Sign Verbiage., 100' FROM SHORE 0 0 108/17159 24 S7.80832N 080 33.5466OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100' FROM SHORE 0 109/L7160 24 S7.88332N 060 33,42828W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiagei IDLE SPEED NO WAKE 0 Additional Sign Verbiage; l00'FROM SHORE 0 11.0/171.61 24 58 9566ON 090 33.30628W OCEAN/GULF Water BUOY ATLANTIC OCEAN CD Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: LOO' FROM SHORE ILI/111,62 24 58.04832N 080 33-1866OW OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE 0 U Packet Pg. 2669 L4.b Additional Sign Verbiage: 100'FROM SHORE 112/17163 24 58.1733ON 080 33.04662W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiagoi 100'FROM SHORE 113/17164 24 58,26000N ago 32.98500W OCEAN/GULF Water Buoy ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 114/171,65 24 58.38828N 080 32.94660W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage, IDLE SPEED NO WAKE 0 Additional Sign Verbiage: 100'FROM SHORE 0 11S/1.71.66 24 58.48662N 080 32,87832W OCEAN/GULF Water BUOY ATLANTIC OCEAN L` Sign Verbiage:IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE c8 11.6/17L67 24 58.59490N 080 32.80332W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED N0 WAKE 0 Additional Sign Verbiage: LOW FROM SHORE 1 L7117158 24 58,71330N 080 32,67000W OCEAN/GULF Water BUOY ATLANTIC OCEAN N Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 0 0 CD 11.8117L69 24 58,88832N 050 32.54502W OCEAN/GULF Water BUOY ATLANTIC OCEAN c8 Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE 119/11170 24 58,99002N 080 32.45328W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: IDLE SPEED NO WAKE Additional Sign Verbiage: 100'FROM SHORE J 120/17171 24 59A1332N 000 32.37498W OCEAN/GULF Water BUOY ATLANTIC OCEAN Sign Verbiage: [OLE SPEED NO WAKE Additional Sign Verbiage: LOW FROM SHORE CD Map This Project 0 0 Cr 0 0 0 0 0 0 0 0 0 Packet Pg. 2670 1.4.c I =I fflff-.�qm Village of Islamorada Funding Request/Project Regulatory Buoy Maintenance Total Estimated Project Cost: $13 750 u Funding amount requested: $10 000 Scoring criteria: _ Community Need/Project Merit(30pt) 25 Project promotes public water access (20pt) 5 0 Project is shovel ready(25pt) 25 Project is a new capital improvement(I Opt) 0 25%Match funding is being provided(15pt) 15 Project is for self funding infrastructure (-25pt) - 0 Applicant failed to complete a funded project in the previous 3 years (-25 pt) Total Score (possible 100pt) 70 0 Ranking I C CD 2 2 0 U Packet Pg. 2671 Cost Center Expenditure Detail Item Budget Grouped by Department,Office L4.d Monroe Countv Board of Countv Commissioners Fiscal Year 2021 Service FY 2021 FY 2022 FY 2023 Expenditure Detail Item Description Level Proposal Budget Budget Budget 28 Planning & Environmental Resources 520 Environmental Resources _ 52002 Environmental Restoration 510120 Regular Salaries&Wages 117,743 117,743 117,743 510210 Fica Taxes GMENV020-FICA-DUQUESNEL,JAMES 1 3,526 3,526 3,526 GMENV020-MEDI-DUQUESNEL,JAMES 1 782 782 782 cB GMGM005-FICA-BERGH, ELIZABETH 1 4,172 4,172 4,172 GMGM005-MEDI-BERGH, ELIZABETH 1 925 925 925 510210 Fica Taxes 9,405 9,405 9,405 510220 Retirement Contributions GMENV020-HA-DUQUESNEL,JAMES 1 4,817 4,817 4,817 GMGM005-HA-BERGH, ELIZABETH 1 5,699 5,699 5,699 510220 Retirement Contributions 10,516 10,516 10,516 0 510230 Life And Health Insurance GMENV020-HLT1 -DUQUESNEL,JAMES 1 13,228 13,228 13,228 GMGM005-HLT1 -BERGH, ELIZABETH 1 13,228 13,228 13,228 N 510230 Life And Health Insurance 26,456 26,456 26,456 510240 Workers Compensation GMENV020-9410-DUQUESNEL,JAMES 1 1,388 1,388 1,388 GMENV020-WCF-DUQUESNEL,JAMES 1 74 74 74 GMGM005-9410-BERGH, ELIZABETH 1 1,642 1,642 1,642 GMGM005-WCF-BERGH, ELIZABETH 1 87 87 87 510240 Workers Compensation 3,191 3,191 3,191 530340 Other Contractual Service 1 12,000 12,000 12,000 530400 Travel And Per Diem cB 1 1,000 1,000 1,000 530410 Phone&Postage/freight 1 1,400 1,400 1,400 530440 Rentals And Leases 1 300 300 300 530460 Repair And Maintenance 1 280,000 280,000 280,000 530470 Printing And Binding 1 150 150 150 530498 Advertising 1 550 550 550 530510 Office Supplies 1 500 500 500 530520 Operating Supplies 1 2,000 2,000 2,000 530521 Gasoline 1 500 500 500 530528 Internal Fuel 1 3,500 3,500 3,500 560641 Capital Outlay Vehicles 1 21,500 21,500 21,500 Notes: Vehicle for potential new FTE being requested. 52002 Environmental Restoration 490,711 490,711 490,711 52503 Enviro Resources Educ 530400 Travel And Per Diem 1 20,000 20,000 20,000 530540 Books,pubs,subs,educ,mem. 1 30,000 30,000 30,000 52503 Enviro Resources Educ 50,000 50,000 50,000 520 Environmental Resources 2,921,791 2,921,791 2,921,791 530 Marine Resources 62520 Boating Improvement 530340 Other Contractual Service 1 147,871 147,871 147,871 Notes: $137,871 for D/V's;$10,000 for cities 530460 Repair And Maintenance 1 60,000 60,000 60,000 530540 Books,pubs,subs,educ,mem. 1 200 200 200 GovMax 9 4/29/20 Packet Pg. 2672 Cost Center Expenditure Detail Item Budget Grouped by Department,Office L4.d Monroe Countv Board of Countv Commissioners Fiscal Year 2021 Service FY 2021 FY 2022 FY 2023 Expenditure Detail Item Description Level Proposal Budget Budget Budget 28 Planning & Environmental Resources 530 Marine Resources _ 62520 Boating Improvement 560630 Capital Outlay-infrastruc 1 1,021,627 1,021,627 1,021,627 62520 Boating Improvement 1,229,698 1,229,698 1,229,698 62613 B I Fees/retained Vessel 510120 Regular Salaries&Wages GMMR001 -Salary-BURTNER, BRITTANY 1 70,026 70,026 70,026 (HITCHINS) 510210 Fica Taxes ca GMMR001 -FICA-BURTNER, BRITTANY 1 4,405 4,405 4,405 (HITCHINS) 0 GMMR001 -MEDI-BURTNER, BRITTANY 1 1,015 1,015 1,015 (HITCHINS) 510210 Fica Taxes 5,420 5,420 5,420 510220 Retirement Contributions M GMMR001 -HA-BURTNER, BRITTANY(HITCHINS) 1 6,017 6,017 6,017 in 510240 Workers Compensation GMMR001 -9410-BURTNER, BRITTANY 1 1,733 1,733 1,733 0 (HITCHINS) GMMR001 -WCF-BURTNER, BRITTANY 1 92 92 92 (HITCHINS) 510240 Workers Compensation 1,825 1,825 1,825 530340 Other Contractual Service 1 448,710 448,710 448,710 Notes: Pumpout$418,100($320,137 revenue;$97,973 fund balance); Richard Jones$30,600 _ 530528 Internal Fuel 1 200 200 200 62613 B I Fees/retained Vessel 532,198 532,198 532,198 530 Marine Resources 1,761,896 1,761,896 1,761,896 545 Planning Refunds 54500 Planning/building Refunds 590994 Ping Refunds 1 20,000 20,000 20,000 54500 Planning/building Refunds 20,000 20,000 20,000 545 Planning Refunds 20,000 20,000 20,000 > 0 28 Planning&Environmental Resources 7,485,425 7,485,425 7,485,425 Report Grand Total 7,485,425 7,485,425 7,485,425 X LU GovMax 10 4/29/20 Packet Pg. 2673 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this day of 2020, between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida(the"COUNTY"or`BOCC") and Islamorada,Village of Islands, a municipal corporation organized and existing under the laws of the State of Florida (the "CITY" or the"CONTRACTOR"). 0 0 ca WITNESSETH: L. 0 WHEREAS, the COUNTY routinely uses State Boating Improvement Funds (BIF) for recreational boating related projects within the various municipalities; and WHEREAS, the CITY has requested that the COUNTY provide reimbursement funding in the amount of$10,000 from BIF for costs to be incurred during FY'21 for regulatory buoy maintenance; and °3 WHEREAS, the above expenditures are qualified expenditures from the State BIF; and WHEREAS, at the , 2020, regular BOCC meeting the Board of County Commissioners of Monroe County, Florida, approved the selection of the BIF funding request submitted by the CITY and to provide funding in the amount of$10,000; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed between the COUNTY and the CITY as follows: 0 Section 1. Payment. The COUNTY agrees to reimburse the CITY for costs incurred in FY'21 as follows: 0 1.1 The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. 1.2 Payment in an amount not to exceed$10,000 for regulatory buoy maintenance. 1.3 To receive payment, the CITY shall submit all requests for payment and applicable invoices to the Senior Administrator of the COUNTY's Marine E Resources Office by September 1, 2021. The invoices must describe the y services performed, together with proof that payment has been made to the CITY'S sub-contractor(s).All documentation shall be forwarded to the County m Clerk for payment. Any other documentation requested by the Clerk shall be provided. 1.4 By submitting a request for payment the CITY represents that it has complied with all of its purchasing requirements. 1.5 Funding of this Agreement is contingent upon an annual appropriation by the m COUNTY. 1 of 10 Packet Pg. 2674 Section 2. Term. 2.1 This Agreement shall become effective upon execution by both parties. 2.2 If such Notice of Termination as specified in Section 3 is given, this Agreement shall terminate within five(5)days thereof. Section 3. Termination and Default. 0 ca 3.1 In the event of any failure of compliance by either party hereto with any of its 12 material obligations to the other party as provided for herein such action shall constitute a default under this Agreement. 0 3.2 Upon any such default,the non-defaulting party shall provide to the defaulting party a written Notice of such default,which Notice(Default Notice)shall state in reasonable detail the actions the defaulting party must take to cure the same. 0 m 3.3 The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. 3.4 Notwithstanding the provisions of this Section, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure,then the defaulting party shall not 0 be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 0 3.5 In the event the defaulting party fails to affect any required cure as provided 76 for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 0 3.6 If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. m Section 4. Indemnification. 4.1 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the CITY, to the extent of the COUNTY'S potential liability pursuant to section 768.28, Florida Statutes, does hereby agree to defend, indemnify and hold the COUNTY, its officers, m agents,or employees,harmless from and against any and all liability,damages, 0 costs or expenses (including reasonable attorneys' fees, costs, and expenses at 2 of 10 Packet Pg. 2675 1.4.e both the trial and appellate levels)arising from the acts or omissions of the CITY or any third party vendor contracted by the CITY in connection with this Agreement. Section 5. Notices. 5.1 All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows,or to any other address which either party may designate to the other party by mail: 0 If to Monroe County: Roman Gastesi, Jr. County Administrator Monroe County Historic Gato Building y 1100 Simonton Street Key West, Florida 33040 as With_a cov to: Robert B. Shillinger, Esq. Monroe County Attorney's Office 1111 12th Street, Suite 408 P.O. Box 1026 _ Key West, Florida 33041-1026 If to City: Seth Lawless Village Manager Islamorada,Village of Islands 86800 Overseas Highway Islamorada,FL 33036 With a copy to.: Roget V. Bryan,Esq. Village Attorney Islamorada,Village of Islands 86800 Overseas Highway Islamorada,FL 33036 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by of CD certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service. Section 6. Regulatory Powers. 6.1 Nothing contained herein shall be construed as waiving either party's regulatory approval or enforcement rights or obligations as it may relate to regulations of general applicability,which may govern the Agreement. 3 of 10 Packet Pg. 2676 6.2 Nothing herein shall be deemed to create an affirmative duty of either party to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with ordinances, rules and regulations, federal laws and regulations and state laws and regulations. Section 7. Attorneys Fees and Waiver of Jury Trial. 0 0 7.1 In the event of any litigation arising out of this Agreement,the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 7.2 In the event of any litigation arising out of this Agreement, each party hereby y knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. Section 8. Governing Law. 8.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation arising out of this Agreement shall be in the 161h Judicial Circuit in and for Monroe County, Florida. This Agreement is not subject to arbitration. Section 9. Access to Records and Audits. 0 9.1 The CITY shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and Chapter 119,Florida Statutes,and shall keep such records as are necessary 76 to document the performance of the Agreement and expenses as incurred, and > give access to these records at the request of COUNTY, the State of Florida, the Federal Government, or authorized agents and representatives of said government bodies. CITY shall also provide access to the personal property reports,permits, and equipment purchased or utilized under this Agreement. It is the responsibility of CITY to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a M proper accounting of all funds and expenditures. Records shall be kept for a period of five (5) years following execution of this Agreement. CITY understands that it shall be responsible for repayment of any and all audit °3 exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. COUNTY shall bill CITY for the amount of the audit exception and CITY shall promptly repay any audit exception. However, COUNTY warrants and represents that it has full authority to fund the Project under the terms and conditions specified herein. The COUNTY and CITY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its 4 of 10 Packet Pg. 2677 1.4.e possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the COUNTY and CITY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CITY. 9.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the CITY's subcontractor, to allow access by the County Administrator or his designee to any Records pertaining to work performed under this Agreement ca that are subject to the provisions of Chapter 119, Florida Statutes. c 9.3 The term "public records" and "records" shall be the same as such term has been defined in Chapter 119,Florida Statutes, including but not limited to any documents,books, data(electronic or hard copy), papers and financial records that result from the CITY or its subcontractors performance of the Services provided in this Agreement. 9.4 If the inspection or audit discloses that COUNTY funds paid to the CITY under this Agreement were used for a purpose not authorized by this Agreement,then the CITY must refund the funds improperly spent with interest calculated pursuant to Section 55.03,Florida Statutes,with interest running from the date the COUNTY paid the improperly spent funds to the CITY. This paragraph will survive the termination of this Agreement. 9.5 The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other "public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Agreement and related to Agreement performance. The COUNTY shall have the right to 76 unilaterally cancel this Agreement upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this 0. provision shall be deemed a material breach of this Agreement and the ._ COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall o survive any termination or expiration of the Agreement. y 9.6 The CONTRACTOR is encouraged to consult with its advisors about Florida m CD Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Agreement,the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be 5of10 Packet Pg. 2678 1.4.e inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Agreement, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the a) CONTRACTOR keeps and maintains public records upon completion of the Agreement,the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Agreement must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 2 If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records Agreement provisions in accordance with the Agreement, notwithstanding the COUNTY's option and right to unilaterally cancel this Agreement upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public o records to the COUNTY or pursuant to a valid public records request within a 2 Ch reasonable time may be subject to penalties under Chapter 119, Florida Statutes. as The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA E STATUTES, TO THE CONTRACTOR'S DUTY TO 6of10 Packet Pg. 2679 PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040. 0 Section 10. Non-Assignability 0 10.1 This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. Section 11. No Third-Party Beneficiaries. y 11.1 Nothing contained herein shall create any relationship, contractual or m otherwise, with or any rights in favor of, any third party. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CITY and the COUNTY agree that neither the CITY nor the COUNTY or any agent,officer, _ or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 12. Non-Waiver of Immunity. 12.1 Notwithstanding the provisions of Section 768.28, Florida Statutes, the > 2 participation of the CITY and the COUNTY in this Agreement and the 0. acquisition of any commercial liability insurance coverage, self-insurance W coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the CITY or COUNTY be required to contain any o provision for waiver. Section 13. Privileges and Immunities. o m 13.1 All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 7of10 Packet Pg. 2680 Section 14. Independent Contractor. 14.1 The CITY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the COUNTY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. Section 15. Severability, 15.1 If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining y terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision m of this Agreement shall be valid and shall be enforceable to the fullest extent _ permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CITY agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 16. Survival of Provisions. 16.1 Any terms or conditions of either this Agreement that require acts beyond the ca date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are 76 completed and shall be fully enforceable by either party. 2 Section 17. Waiver. 17.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the o terms of this Agreement shall not be construed as a waiver of the violation or CU breach, or of any future violation, breach or wrongful conduct. 0 Section 18. Funding. a) 18.1 The parties agree that the COUNTY's responsibility under this Agreement is to provide funding only. Section 19. Authority. 19.1 Each party represents and warrants to the other that the execution,delivery and m performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 8of10 Packet Pg. 2681 Section 20. Section Headings. 20.1 Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 21. Execution in Counterparts. 21.1 This Agreement may be executed in any number of counterparts,each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart.. Section 22. Entire Agreement/Modification/Amendment. m 22.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 22.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as the parties' preceding duly-executed Agreement. 0 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] > c 0 m 9of10 Packet Pg. 2682 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as indicated below. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA c ca BY: Heather Carruthers,Mayor (SEAL) ATTEST: Kevin Madok, Clerk UONROE OOOUNT YAATTOORRNNEY a asto 03 BY: Deputy Clerk ISLAMORADA LLAGE OF ISLANDS, FLORIDA M r z ace: c 2 APPROVED AS TO FORM AND (SEAL) LEGALITY FOR THE USE AND RELIANCE OF ISLAMORADA, ATTEST: Kelly Toth, Village Clerk VILLAGE OF ISLANDS, FLORIDA ONLY: BY: BY: c Jerk Roget V. B 10 of 10 Packet Pg. 2683