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Item D18unty of Monroe Co ELj »moo � i� G�, �T� BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 The Florida Ke slv', y fi i w; \ Mayor Pro Tern Sylvia J. Murphy, District 5 ; ,= _ :'„ j Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting December 13, 2017 Agenda Item Number: D.18 Agenda Item Summary #3595 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774 N/A AGENDA ITEM WORDING: Approval of a no cost Memorandum of Understanding and Mutual Aid Agreement, for clearing of navigable waterways within unincorporated Monroe County, with the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission, retroactive to the last date executed by the parties. ITEM BACKGROUND: On September 10, 2017 Hurricane Irma made landfall in the Florida Keys as a category 4 storm, causing substantial damage to and loss of properties. A significant amount of sunken debris, partially sunken and damaged vessels, and many other types of debris was deposited in the canals and other navigable waters adjacent to the damaged homes and properties as a result of the hurricane force winds. The debris negatively impacts the marine environment of the Florida Keys and also the residents and visitors ability to use the waters. Because of the impact of Hurricane Irma Monroe County has expended all its resources and revenues in preparation, mitigation, and cleanup actions. The County now has no funds or resources available to clear debris from its waterways. This debris, including, but not limited to derelict vessels, propane tanks, submerged vehicles, and vegetative matter pose a direct threat to the health, safety, and welfare of the residents of the County and the State of Florida. Pursuant to Sections 125.01(1)(p), 252.40, and 403.061(21), Florida Statutes, and Section 9, Article IV of the Constitution of Florida, through this agreement, the State agrees to assist the County with the clearing of debris from public waterways. The State agrees to enter into this agreement under the auspices of Federal Emergency Management Agency's Public Assistance Program, specifically the "Mutual Aid" procedure. This procedure allows a government body, who does not have sufficient resources to respond to an incident to request "mutual aid" from another jurisdiction. The jurisdiction providing the aid is eligible for reimbursement by the Federal Emergency Management Agency (FEMA). The State will use its resources, funds, and contracts to remove debris resulting from the 2017 Hurricane Irma from the waterways within the unincorporated County. The term "waterways" includes both canals and nearshore waters. Work in the municipalities is not included at this time. Monroe County staff will coordinate with the State on marine debris/vessel staging areas and provide a prioritized list of canals for debris removal. The State has indicated a preference for public sites for the marine debris program and therefore staff is focusing efforts on assisting in locating potential public sites. PREVIOUS RELEVANT BOCC ACTION: 11/18/17: BOCC approval of Resolution 297-2017 authorizing additional temporary emergency staging areas, on parcels of land, as approved by Monroe County, for the collection, storage, and handling of vessels and marine debris related to Hurricane Irma, effective October 18, 2017, for a duration of up to 180 days. 10/18/17: A public hearing to declare that an emergency exists in accordance with F.S. 125.66(3) and approval to enact an Ordinance retroactive to September 4, 2017 amending chapter I I - Emergency Management and Emergency Service of the Monroe County Code to amend Sec. 11-2 to provide for disaster generated debris from canals in order to protect public health and safety. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval DOCUMENTATION: MOU with DEP and FWC For Clearing of Private and Public Waterways Exhibit 1 Ordinance 023-2017, Monroe County Board of County Commissioners Exhibit 2 Documentation Identifying Public and Private Waterways in Monroe County Exhibit 3 Scope of Work and Responsibility of the State of Florida FINANCIAL IMPACT: Effective Date: Upon Execution of all parties Expiration Date: Upon termination by DEP. Total Dollar Value of Contract: Not applicable Total Cost to County: $0 Current Year Portion: N/A Budgeted: No Source of Funds: State DEP CPI: N/A Indirect Costs: Staffing time to manage the local coordination efforts, anticipated to be reimbursable by FEMA. Revenue Producing: No If yes, amount: Grant: Mutual Aid Agreement County Match: None Insurance Required: No Additional Details: None 11*VA i '/1H13��•� Rhonda Haag Completed 12/04/2017 12:12 PM Cynthia Hall Completed 12/04/2017 1:08 PM Budget and Finance Completed 12/04/2017 1:31 PM Maria Slavik Completed 12/05/2017 8:22 AM Kathy Peters Completed 12/05/2017 9:05 AM Board of County Commissioners Pending 12/13/2017 9:00 AM MEMORANDUM OF UNDERSTANDING AND MUTUAL AID AGREEMENT FOR CLEARING OF PUBLIC AND PRIVATE WATERWAYS THIS MEMORANDUM OF UNDERSTANDING and Mutual Aid Agreement ("MOU") is made and entered into as of the date last signed by the parties below, between Monroe County Board of County Commissioners (hereinafter the "County"), and the State of Florida's Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission (collectively, these two agencies shall be referred to as the "State"), each one constituting a public agency as defined in Section 163.01(3)(b), Florida Statutes (2017). WITNESSETH: WHEREAS, on September 10, 2017, Hurricane Irma made landfall in the Florida Keys and the County as a Category 4 with maximum sustained winds of approximately 130 m.p.h. WHEREAS, Hurricane Irma caused significant and widespread damage throughout Monroe County. WHEREAS, because of the impact of Hurricane Irma Monroe County has expended all its resources and revenues in preparation, mitigation, and cleanup actions. WHEREAS, the County now has no funds or resources available to clear debris from private and public waterways, including canals. WHEREAS, debris, including, but not limited to vegetation, construction and demolition debris, vessels, propane tanks, partially and completely submerged vehicles, white goods, e- waste, hazardous waste, docks, seawalls, houses or portions of houses pose a direct threat to the health, safety, and welfare of the residents of the County and the State of Florida. WHEREAS, pursuant to Sections 125.01(1)(p), 252.40, and 403.061(21), Florida Statutes, and Section 9, Article IV of the Constitution of Florida, by and through this agreement, the State agrees to assist the County with the clearing, removal, and disposal of debris from 1 private and public waterways. WHEREAS, the County has adopted Ordinance 023-2017 on October 18, 2017 (incorporated herein as Exhibit 1). This ordinance details that debris removal from public and private property, including waterways and canals is necessary to protect the public health and safety in a declared emergency. Furthermore, that the County has the legal authority to remove the debris, and that it is necessary for the public interest to eliminate an immediate threat to life, public health and safety. Finally, federal and state governments are held harmless and indemnified for all claims or loss or damages resulting from the work. WHEREAS, the Federal Emergency Management Agency in its Public Assistance Program and Policy Guide 2.0 (2017) provides debris on private property may be removed and eligible under the doctrine of public assistance, though this debris removal on private property must be in the public interest to qualify according to the Public Assistance Program and Policy Guide 2.0 (2017). There also must be a written request to the Federal Emergency Management Agency for this doctrine to go into use. Accordingly, the County has adopted Ordinance 023- 2017 to comply with the Federal Emergency Management Agency's Public Assistance Program and Policy Guide 2.0 (2017). This ordinance, upon verbal consent of FEMA's attorneys, should fulfill the requirement for a written request and authorization. WHEREAS, as a result of the passage of Ordinance 023-2017, the County is empowered for cleaning up private and public waterways. WHEREAS, the County is also permitted to ask for additional assistance under the auspices of Federal Emergency Management Agency's Public Assistance Program, specifically the "Mutual Aid" procedure. This procedure allows a government body, who does not have sufficient resources to respond to an incident to request "mutual aid" from another jurisdiction. The jurisdiction providing the aid is eligible for reimbursement by the Federal Emergency 2 Management Agency. WHEREAS, the State agrees to enter into this MOU after being asked by County and under auspices of the "Mutual Aid" program. WHEREAS, in the present case, the entities providing aid will be Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission. Therefore, reimbursement from FEMA for work done under this agreement in the County will be paid directly back to the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the Parties agree to the following: Section 1- Parties' Responsibilities: The State will use its resources, funds, and contracts to remove non -hazardous debris resulting from the 2017 Hurricane Irma from the private and public waterways within the County's unincorporated boundaries. If the waterway extends into a municipality, the State will cease work at the borderline of the unincorporated Monroe County and the municipality. Private and public waterways for the purposes of this MOU are defined by and identified in Exhibit 1 and the documentation identifying public and private waterways in Monroe County (as shown in part in Exhibit 2, incorporated herein by reference) to this MOU. Exhibit 2 may be modified by in writing by mutual agreement of the parties. The County shall cooperate with the State and the Federal Emergency Management Agency as requested to help the State get reimbursed for services the State renders under this MOU. As part of its responsibilities, the State shall have the responsibility to locate and secure appropriate sites for debris and vessel management, and shall secure all necessary permits, including disaster debris management site (DDMS) permits. The County shall provide any public lands that are available and appropriate as DDMS sites, and shall provide any other help to assist the State in locating and securing the necessary sites. Finally, the State does not guarantee a minimum or maximum of amount of aid under this MOU. Section 2- Standards: The State and County will follow all applicable Federal Emergency Management Agency, federal, Florida, and local laws, rules, policies, and procedures to ensure work is done properly, efficiently, and to maximize reimbursement from Federal Emergency Management Agency. It is understood and agreed that each party operates under its own legal authorities, policies, and administration, and each party's obligations under this MOU are thereby limited. It shall be the responsibility of each party to interpret its own authorities and policies, and make decisions as required under law and policies applicable to each. Section 3 — Scope of Work: The State and County shall do, perform and carry out the duties described in the Scope of Work, attached hereto as Exhibit 3 . The scope of work and duties for this MOU are outlined in Exhibit 3. This exhibit is incorporated into this MOU as any other term or provision of this MOU. Section 4- Administration and Monitoring: The State (or its Contractors) shall exclusively administer and monitor its work within the County, but will consider counsel from County as needed. Specifically, the Florida Department of Environmental Protection will be responsible for the administration and monitoring of marine debris clearing, removal, and disposal, while the Florida Fish and Wildlife Conservation Commission will do the same for vessel clearing, removal, and disposal. The County will be responsible for providing a list of priority of work the County is requesting the State to perform, in consultation with the State. Section 5 — Local Governments: This MOU applies solely to the private and public waterways of unincorporated Monroe County, excluding those in the five (5) municipalities within Monroe County. Section 6- Sovereign Immunity: Nothing herein shall be deemed a waiver, express or Uj e D 0 A2 a� a� 4 implied of any parties' sovereign immunity under Section 768.28, Florida Statutes (2017) or considered a waiver of immunity or the limits of liability beyond any statutory limited waiver or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes. (2017) or other state statutes. To the extent that a Court of competent jurisdiction should determine that anything contained in this MOU constitutes a waiver of sovereign immunity, such terms and conditions shall be interpreted to the fullest extent possible to effectuate the intent of the parties (and their contractors), but deleting any terms or conditions which would constitute a waiver of sovereign immunity. Section 7- County's Cleanup Measures: The County may take its own measures to clear debris, so long as it does not interfere with or duplicate work performed by the State or its contractors. The County shall consult with the State for any waterway debris removal to be performed by the County to prevent overlapping projects and operations. Section 8- Termination: This MOU shall commence when it is executed by all three parties and shall continue until the work outlined in Exhibit 1 is fully performed, unless the MOU is terminated as provided herein, amended, or replaced with a new MOU. During the state's major disaster declaration period, that commenced on September 4, 2017 and has subsequently been extended, none of the parties may terminate the MOU until this state declaration expires or is lifted by the Governor of the State of Florida or his designee. Except as provided herein, this MOU may be terminated with or without cause by the any of the parties upon a thirty (30) day written notice to all other parties. Section 9- Modification: No modification to this MOU is effective unless the parties agree, consent, and join in writing thereto, and any modification to this MOU must be executed by representatives of the undersigned parties duly authorized to bind the parties Section 10- Public Records: If the Contractor is a "contractor" as defined in Section U. CL e D 0 A2 a� a� G 119.0701(1)(a), F.S., the Contractor shall: (1) Keep and maintain Public Records required by the Department to perform the service. (2) Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (3) A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. (4) 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 Contract term and following completion of the Contract if the Contractor does not transfer the Public Records to the Department. (5) Upon completion of the Contract, transfer, at no cost, to the Department all Public Records in possession of the Contractor or keep and maintain Public Records required by the Department to perform the service. If the Contractor transfers all Public Records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor keeps and maintains Public Records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the Contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the Contractor is authorized to access. 31 (6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: R . ryi ,1 state# x Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Section 11- Parties, Notices, and Delegations: Notice and correspondences related to this MOU shall be directed to the attention of the public officials identified below. Monroe County Mayor David Rice, Monroe County Board of County Commissioners 1100 Simonton Street, Suite 205 Key West, Florida 33040 Florida Department of Environmental Protection Secretary Noah Valenstein, Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS #30 Tallahassee, Florida 32399 Florida Fish and Wildlife Conservation Commission Major Rob Rowe, Boating and Waterways Section, Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399 Each party reserves the right to designate another official to be the point of contact without formal amendment to this MOU. Any such designation must be made in writing ten (10) days before the desired date of substitution by email, facsimile, or U.S. Mail. Confirmation of this transfer and its U. CL LU e D 0 A2 7 receipt must be maintained, and if sent by U.S. Mail there must be a mail receipt. The designated official shall be responsible for all material actions, oversight, and coordination in the performance of this MOU. All notices must be in writing and are only effective: (i) when deposited in the U.S. mail, certified mail, return receipt requests, and postage prepaid, or (ii) when sent via overnight delivery. Notice will be deemed delivered on the date of the receipt (or on the receipt is refused) as shown on the certification of receipt or the records or manifest of the U.S. Postal Service or overnight delivery. Section 12- Severability and Choice of Venue: If any provision of this MOU is adjudged by a court of competent jurisdiction to be void and unenforceable, that judgment shall not affect: (a) any other provision of this MOU; (b) the application of such provision in any other circumstances; and (c) the validity or enforceability of this MOU, subject to the law of severability under Florida law. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. Section 13- Non -Appropriation: The State of Florida's performance and obligation to pay under this MOU is contingent upon an annual appropriation by the Legislature. Section 14 - Non -Reliance by Third -Parties: No person(s) or entity(ies) shall be entitled to rely upon the terms of this MOU to enforce or attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) from any service(s), term(s), project(s), program(s), or task(s) contemplated hereunder. Section 15 - Non-discrimination: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. All activities pursuant to this Agreement shall be in compliance with the requirements of Title VI of the UJ e D 0 A2 a� a� IQ Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. 6101 et seq.); and with all other State and Federal laws, regulations, and policies prohibiting discrimination. Section 16 — Non -Assignment: This Agreement may not be assigned in whole or in part without the written approval of all parties. Any such assignment or attempted assignment shall be null and void. Section 17 — No Third -Party Rights: The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. Section 18 — Jury Trial Waiver: As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the services provided under this Agreement; including but not limited to any claim of quantum meruit. Section 19 — Entire Agreement: This Agreement with all incorporated attachments and exhibits represents the entire agreement between the parties. THE REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY UJ e D 0 A2 a� a� 7 IN WITNESS WHEREOF, Monroe County Board of County Commissioners, Florida Department of Environmental Protection, and Florida Fish and Wildlife Conservation Commission have caused this Memorandum of Understanding to be effective when it is executed by all three parties as indicated below for uses and purposes set forth herein. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA Chair/Mayor ATTEST: Deputy Clerk Date APPROVED AS TO FORM AND LEGALLITY Assistant County Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary ATTEST: Notary Date APPROVED AS TO FORM AND LEGALLITY General Counsel Uj e D 0 A2 a� a� 10 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Executive Director Date ATTEST: Notary APPROVED AS TO FORM AND LEGALLITY Assistant General Counsel Attachments: Exhibit 1: Ordinance 023-2017, Monroe County Board of County Commissioners Exhibit 2: Documentation Identifying Public and Private Waterways in Monroe County Exhibit 3: Scope of Work and Responsibility of the State of Florida 11 MW y Kevin Madok, CPA Cleric of the Circuit Court & Comptroller — Monroe County, Florida October 23, 2017 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 023-2017 creating Section 11-2 of the Monroe County Code; relating to emergency management and disaster -generated debris removal; adding definitions; adding emergency right of entry onto private roads and gated communities and canals; adding indemnification; providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on October 18, 2017. Should you have any questions, please feel free to contact me at (305) 292-35% Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex-officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D. C. rr• Crn inter A ttnrnev t x w c E U r.+ Racket Pg. 1635 ORDINANCE NO. 023 - 2017 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 11-2 OF THE MONROE COUNTY CODE; RELATING TO EMERGENCY MANAGEMENT AND DISASTER -GENERATED DEBRIS REMOVAL; ADDING DEFINITIONS; ADDING EMERGENCY RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND CANALS; ADDING INDEMNIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Ordinance is enacted under the emergency provisions of section 125.66(3), Florida Statutes and the Board of County Commissioners of Monroe County, Florida hereby waive the notice requirements of subsection (2) of 125.66, Florida Statutes, by a four -fifths vote and declares an emergency exist and that the immediate enactment of this Ordinance is necessary; and WHEREAS, the Monroe County Board of County Commissioners intent to make this ordinance effective retroactively to September 4, 2017, the date Governor Scott declared a State of Emergency due to Hurricane Irma; and WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing Corporation, et al., 737 So.2d 494 (Fla 1999) that provides that a retroactive provision of a legislative act is valid, so long as vested rights are not adversely affected or destroyed or a new obligation or duty is created or imposed, or an additional disability is established in connection with transactions or considerations previously had or expiated, the Monroe County Board of County Commissioner finds that this ordinance may be retroactive; and WHEREAS, the County has authority to adopt this ordinance pursuant to Sec. 252.38, Florida Statutes, as may be amended; and WHEREAS, under Section 252.38(3)(a), Florida Statutes, in the event of a declaration of state of local emergency, the political subdivision has the power and authority to waive procedures and formalities otherwise required of the political subdivision, pertaining to various things, including performance of public works and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community, incurring obligations, and appropriation and expenditure of public funds; and WHEREAS, it is the intent of the Monroe County Board of County Commissioners, in enacting this ordinance, to take a proactive approach to coordinating and managing debris removal operations both on land and in canals as part of its overall emergency management plan, recognizing that counties Page 1 of 7 Racket Pg. 1636 with a disaster -generated debris removal management plan are better prepared to restore public services and ensure the public health and safety in the aftermath of disaster; and WHEREAS, even though debris removal from private roads and gated communities and canals following a disaster is generally the responsibility of the individual adjoining private property owners, a major or catastrophic disaster event may result in enormous quantities of debris from private property being placed on private roads and in canals for removal, resulting in widespread immediate threats to the life, public health, and safety of the County's citizens, and F.S. 252.38(3) gives the County broad powers to take actions to protect health and safety while under a declaration of local emergency; and WHEREAS, the County has determined that private property debris removal is necessary to protect the public health and safety in a declared emergency when such debris poses a significant and immediate threat; and WHEREAS, the presence of submerged vessels, propane tanks and other debris in canals creates a high concern that these items may leach hazardous materials into the waterways; and WHEREAS, Florida Attorney General's opinions regarding use of public funds on private property for health and welfare of the community, as documented in AGO 98-22 and AGO 2002-48, indicate that the ability to remove debris from private property is firmly established by Florida law if the general public's welfare is at stake; and WHEREAS, the removal of such debris is critical for emergency access by police and fire vehicles and to prevent additional hazards; and WHEREAS, the Federal Emergency Management Agency's (FEMA) Public Assistance Program provides for reimbursement for removal of disaster -related debris from public rights -of -way and will determine eligibility for removal of debris from private roads and gated communities on a case by case basis; and WHEREAS, in determining eligibility under the Public Assistance Program for private roadway and gated community and canal debris removal, FEMA and the State must be able to reach the following conclusions in relation to the work in question: l . Removal was the legal responsibility of an eligible applicant (County): 2. It was necessary in the public interest to eliminate an immediate threat to life, public health and safety; and 3. The Federal government was held harmless and indemnified for all claims or loss or damages resulting from the work; and WHEREAS, the County needs to be able to act quickly to mitigate threats during and immediately after emergency situations; and WHEREAS, the efficient and safe removal of disaster related debris will promote the economic recovery of the community and benefit the community -at -large; Page 2 of 7 Racket Pg. 1637 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1: Section 11-2 shall be created to read as follows: 11.2 Disaster -generated Debris Removal 11.2.1 Intent and purpose. After declaration of a disaster in accordance with this chapter, the primary mission of the county will be to protect lives and property, restore governmental services and clear public streets and canals. Depending on the magnitude of the disaster and after accomplishment of the primary mission, resources may be available to the county that may not be available to a private property owner. This article will establish a process by which the county may evaluate and, if necessary, remove disaster -generated debris from private rights -of -way or gated communities or canals in the event of an immediate threat to life, public health and safety after a significant disaster. While the county recognizes that, as a general proposition, the removal of disaster -generated debris from private property is the responsibility of the property owner, there are occasions when, because of the magnitude of the disaster and the threat posed to life, health, and safety, there may be a compelling need to remove debris from private rights -of -way and gated communities and canals as described in this article. 11.2.2 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Canal means an artificial waterway constructed to allow the passage of boats or other waterways inland. County work forces means officers, employees, and agents of the County including, but not limited to, contractor retained by the County to push, remove, store, or dispose of disaster -generated debris or to otherwise act in response to the implementation of the County's disaster -generated debris removal management plan. Disaster -generated debris or debris means any material, including trees, branches, personal property, marine vessels, and building material deposited on county -owned property or rights -of -way or on private roads or in canals as a direct result of a major disaster or a catastrophic disaster. (a) The term includes, but is not limited to: (1) Vegetative debris, which means debris consisting of whole trees, tree stumps, tree branches, tree trunks, and other leafy material. (2) Hazardous limbs and hazardous trees, which means limbs or trees damaged in a major disaster or a catastrophic disaster and in danger of falling on primary ingress or egress routes or on county rights -of -way. (3) Construction and demolition debris, which means debris created by the removal of disaster -damaged interior and exterior materials from improved property such as lumber and wood., gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures. Page 3 of 7 Racket Pg. 1638 (4) HHW, which means household hazardous waste such as household cleaning supplies, insecticides, herbicides, and other products or materials containing volatile chemicals that catch fire, react, or explode under certain circumstances, or that are corrosive or toxic. (5) E-waste, which means electronic waste such as computer monitors, televisions, and other such electronics that contain hazardous materials. (6) White goods, which means discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters. (7) Putrescent debris, which means debris that will decompose or rot such as animal carcasses and other fleshy organic matter. (8) Marine vessels, which is a nautical term that means all kinds of craft designed for transportation on water, including but not limited to boats, kayaks, canoes and other watercraft. (b) The term does not include: (1) Debris on vacant lots, forests, heavily wooded areas, unimproved property, and unused areas. (2) Debris on agricultural lands used for crops and livestock. (3) Concrete slabs or foundations -on -grade. (4) Construction and demolition debris consisting of materials used in the reconstruction of disaster -damaged improved property. Private right-of-way means any non-public road located within the unincorporated area of Monroe County with a designated name and road signage, the maintenance of which is not the legal responsibility of the County. The term includes, but is not limited to, roads owned and maintained by homeowners' associations, including gated communities, mobile home parks and roads for which no individual or entity has claimed or exercised maintenance responsibility, and canals. The term also includes the land under common ownership immediately adjacent to the travel lane or paved surface, or if no such common ownership exists, the land lying within the three-foot roadside shoulder area on both sides of the travel lanes or paved surface of such road. Public right-of-way means land owned or controlled by the County and intended to be used for public passage, including but not limited to streets, alleys, sidewalks, canals, bike path, parkage and driveways constructed thereon. 11.2.3 Removal of debris from private ri hts-of-wa . Following issuance of a local declaration of emergency in accordance with Chapter 252, Florida Statutes and Monroe County Ordinance No. 028-1987, as may be amended from time to time, the County shall have the right of entry and authority to remove disaster -generated debris located within unincorporated Monroe County on County -owned property, canals (whether privately or publicly owned), County -owned roads and from private rights -of -way when such debris is determined to pose an immediate threat to the health, safety and welfare of the community. Pursuant to the authority set forth in article 1 of this chapter, the emergency management director shall determine whether there is an immediate threat to the public health, safety, and welfare sufficient to warrant removal of said debris based on one or more of the following factors: Page 4 of 7 Racket Pg. 1639 (a) There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent county removal. (b) The type of debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain. (c) The clearing is necessary to effectuate orderly and expeditious restoration of county -wide utility services including, but not limited to, water, sewer, power and telecommunications. (d) The debris prevents garbage collection thereby creating a public health and safety hazard. (e) The debris inhibits access to school buses and mass transit thereby interrupting recovery and normalization post -disaster. (f) The debris becomes a fire hazard which is susceptible to igniting and causing damage to property and risking the safety of the public. (g) The debris causes obstruction to mail boxes restricting the public's access to send and receive important documents. (h) The debris is likely to harbor vermin and reptiles that are potentially poisonous. (i) The debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the county. (j} The debris has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings and/or property. (k) The debris presents a reasonable danger of being transported by wind and/or water into the surrounding areas of the county and thereby increasing the cost of recovery and removal. (1) The debris poses a significant likelihood of, if left over time, producing mold which would be injurious to public health. (m) The presence of the debris significantly adversely impacts the county's recovery efforts. (n) The debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall. (o) The sheer volume of the debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the county. (p) The type, extent and nature of the debris is such that it would cause much greater damage if the debris was not removed immediately. (q) The debris in the canals, including submerged or partially submerged vessels and other debris, is rendering the canals impassible or extremely dangerous to vessels, preventing movement down the canals by first responders as well as citizens in the area. 11.2.4 ResponAbitity of Private RrORerty owners. (a) Any individual who places debris in the private or public rights -of -way shall be responsible for assuring that the placement of any disaster -generated debris for removal by county work forces satisfies each of the following conditions: (1) The disaster -generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road. Page S of 7 Racket Pg. 1640 (b) (c) (2) The disaster -generated debris shall be separated into stacks or piles of the following types of debris: a. Putrescent debris and mixed common household items. b. Vegetative debris. C. Construction and demolition debris. d. White goods. C. Hazardous household waste and electronic waste. (3) The disaster -generated debris shall be placed so that it does not block the roadway, traffic signs and signals, or stormwater structures. (4) The disaster -generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three (3) feet of any power poles, fire hydrants, vehicles, mailboxes, or fences. Any damage to personal property by county work forces resulting from the placement of disaster -generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris. Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on county rights -of -way or on private roads which is deemed not to be disaster -generated debris, shall be responsible for removing such unauthorized debris no later than twenty-four (24) hours after notification of such removal requirement by a member of the county work forces. Any such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such unauthorized debris by county work forces. 11.2.5 Indemnification and hold harmless. Prior to removal of debris from private rights -of -way by the county, as contemplated herein, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless, to the maximum extent permitted by law, the Federal, State, and local government and all employees, officers and agents of the Federal, State, and local government connected with the rendering of such service. 11.2.6 Emereeney roadway clearance.. Nothing contained herein shall preclude a first response by the county to clear and push debris from all rights -of -way (both public and private) necessary for the movement of emergency vehicles including police, fire and ambulance within the first 70 hours after a disaster declaration. SECTION 2: SEVERABILITY. if any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. if this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Page 6 of 7 Racket Pg. 1641 SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. The Ordinance shall have retroactive application to September 4, 2017. This Ordinance is enacted under the emergency provisions of section 125.66(3), Florida Statutes. The Board of County Commissioners of Monroe County, Florida hereby waives the notice requirements of subsection (2) by a four -fifths vote and declares an emergency exist and that the immediate enactment of this Ordinance is necessary. In accordance with F.S. 125.66(3), certified copies of the Ordinance shall be filed with the Department of State as soon after enactment as is practicable and shall be deemed to be filed when a copy has been accepted by postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18`h day of October, 2017. Mayor George Neugent Yes Mayor Pro Tetra David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Sylvia J. Murphy Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY 'e4 Mayor George Neugent ATTEST: KEVIN MADOK, CLERK By eputy Clerk � c U L` MONROE COUNTY ATTORNEY a=,.= AP OV A O� z TH1A L. HALL �- ASSISTA T COUNTY ATTORNEY o CD Date1 £' f 9— — c Page 7 of 7 Racket Pg. 1642 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 18, 2017 at 3-,00 P.M., or as soon thereafter as may be heard, in KEYwEs1 � the Marathon Government Center, 2798 Overseas wspapw,, eaf 1876 Highway, Monroe County, ons, LLC Florida, the Board of County Commissioners of Monroe RECEIVED OCT 2 3 2017 STATE OF FLORIDA '160UNTY OF MONROE County, Florida, intends to consider the adoption of the Before the undersigned authority personally appeared Paul Clarin, who on following County ordinance: oath says that he is Publisher of the Key West Citizen, a daily newspaper AN ORDINANCE OF THE �77 published in Key West, in Monroe County, Florida; that the attached copy of MDNROE COUNTY BOARD OF COUNTY 25 g advertisement, being a legal notice in the matter of COMMISSIONERS CREATING •Ofl1 SECTION 11-2 OF THE ! n 1 MONROE COUNTY CODE; RELATING TO EMERGENCY MANAGEMENTAND DISASTER -GENERATED DE6RI5 REMOVAL; ADDING } A' DEFINITIONS; ADDING EMERGENCY RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND CANALS; ADDING INDEMNIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING S FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE :ES MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such Purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. cam ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8 30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if'you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this 1 oth day of October, 2017, KEVIN MADOK, Clerk of the Circuit Court and ex ofricio Clerk of the Board of County Commissioners of Monroe County, Florida was published in said newspaper in the issue(s) of �,V u,_. ) LI (. t Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this `� jr day of October, 2017 Notary Public: DAWN CVMS 10V 0.sxV } ,.: .: U1' CC44MI551fl+1' , :=F �4:1;' I �. •, r EXPIRES: ,January 4, 2020 � y„« ,,rr Bonded Tinu Notary Pubic iJnderwraers Dawn Kawzinsky Expires. 1/4/2020 Notary Seat Personally Known x Produced Identification Type of Identification Produced October 14, 2017 Key West Citizen Ad# 0003335920 F L O rS 10 A K E r s KEYNCOTER NOTICE OF INTENTION TO COADOPTION OF COUNTYUNTY ORDINANCE Published Twice Weekly NOTICE IS HEREBY GIVEN Marathon, Monroe County, Florida ONCERN Tat onOcHOM ITMAYC017at that on October 18, 201T at 3:00 P.M., or as soon there- after as may be heard, in the PROOF OF PUBLICATION Marathon Government Cen- ter, 2798 Overseas Highway, Monroe County, Florida, the STATE OF FLORIDA Board of County Commission - ers of Monroe County,,Florida, COUNTY OF MONROE intends to consider the adop- Before the undersigned authority personally ersonall he lion of tordinancce:e:foilowing County appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of the AN ORDINANCE OF THE NROE BOARD FLORIDA KEYS KEYNOTER, a twice weekly OF COUNCOUNTY OF COUNTY COMMISSION - newspaper published in Marathon, in Monroe ERS CREATING SECTION County, Florida: that the attached copy of 11-2 OF THE MONROE COUNTY CODE; RELATING advertisement was published in said TO EMERGENCY MANAGE - newspaper in the issues of: (date(s) of MENT AND DISASTER- pubh(;qtion) GENERATED DEBRIS RE- MOVAL; ADDING DEFINI- TIONS; ADDING EMERGEN- CY RIGHT OF ENTRY ONTO - PRIVATE ROADS AND GAT- ED COMMUNITIES AND CA- NALS; ADDING INDEMNIFI- CATION; PROVIDING FOR B SEVAffiant further says that the said FLORIDA AL OPROVIDINGALLO- FOR REPEAL OF ALL DRDI- FOR RE KEYS KEYNOTER is a newspaper published at NANCES INCONSISTENT Marathon, in said Monroe County, Florida, and HEREWITH; PROVIDING FOR INCORPORATION INTO that the said newspaper has heretofore been THE MONROE COUNTY continuously published in said Monroe County, CODE OF ORDINANCES; Florida, twice each week (on Wednesday and AND PROVIDING FOR AN EFFECTIVE DATE. Saturday) and has been entered as a second class mail matter at the post office in Pursuant to Section 286.0105, Marathon, in Monroe County, Florida, for a Florida Statutes, notice is giv- en that a person decides to period of one year next preceding the first a appeal any decision made by publication of the attached copy of the Board with respect to any advertisement. The affiant further says that matter considered at such hearings or meetings, he will he has neither paid nor promised any person, need a record of the proceed - firm, or corporation any discount, rebate, ings, and that, for such pur- commission or refund for the purpose of pose, he may need to ensure that a verbatim record of the securing this advertisement for publication in proceedings is made, which re - the said newspaper(s) and that The Florida cord includes the testimony Keys Keynoter is in full compliance with and evidence upon which the Chapter 50 f the Florida State Statutes on appeal is to be based. Legal official Advertisements. ADA ASSISTANCE: If you 1 are a person with a disability who needs special accom- 17 modations in order to partici- pate in this proceeding, Richard Tamborrino, Publisher please contact the County Administrator's Offte, by _ phoning (305) 292.4441, be - Sworn to and sub ribed before me this tween the hours of 6:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the Day of-7 2017 scheduled meeting; if you are hearing or voice im- paired, call "711 ". 4Na Dated at Key West, Florida, this 10th day of October, 2017. KEVIN MADOK, Cleric of the (SEAL) Circuit Court (SEAL) and ex officio Clerk of the Board of _ 9EVERLY TRACGER County Commissioners of 1Y GGi`�' SS!L'N a Fr1D87�4 Monroe County, Florida l '1PE5: Apr-'18, 2018 L�r'c TT Hoary Pudic llnde •ri;e—rs Published October 14, 2Q17 ] ^tea- Florida Keys Keynoter RECEIVE❑ OCT 19 zv A7TQ�NfY MMKQE FUMY Ad# 0003335930 THE REPORTER Published Weekly Tavernier, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida, that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication)( Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement- The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The THE REPORTER is in full compliance with Chapter 5�) of the Florida State Statutes on Legal and Official Advertisem s. 1 Richard Tamkrrino, Publisher Sworn to and subscr bed before me this Day of � 2017 No ry {SEAL} fl .':;. BEVEALY TRAEGER NY XV'ViS5CN # FF 108704 j EXPIRES: April 18 2018 ;,x s Bonktd TF.ru Nclary Pvj i �Jnaerwr�lers j NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE is HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 18, 2017 at 3.00 P.M., or as soon there- after as may be heard, in the Marathon Government Cen- ter, 2798 Overseas Highway, Monroe County, Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION- ERS CREATING SECTION 11-2 OF THE MONROE COUNTY CODE; RELATING TO EMERGENCY MANAGE- MENT AND DISASTER - GENERATED DEBRIS RE- MOVAL; ADDING DEFINI- TIONS; ADDING EMERGEN- CY RIGHT OF ENTRY ONTO PRIVATE ROADS AND GAT- ED COMMUNITIES AND CA- NALS; ADDING INDEMNIFI- CATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida statutes, notice is giv- en that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceed- ings, and that, for such pur- pose, he may need to ensure that a verbatim record of the proceedings is made, which re- cord includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE., If you are a person with a disability who needs special aCCom- modations in order to partici- pate In this proceeding, please contact the County Administrator's Office, by phoning (305) 2924"1, be- tween the hours of 8:30 a.m. - 5:00 p.m., no Iater than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice Im- paired, call "711". Oated at Key West, Florida, this 10th day of October, 2017. KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published October 14, 2017 The Reporter RECEIVED OCT 19 2011 MONROE COUNT* ATNORINEY i i - i � f LO Imp . 9 • vorcny w• pL - ... tea' � B' . �' E � € a •� y q �3s s kg9 vy ,,.muav oA Jr a � e €F ,.nv . 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Hazards impeding the use of public and private navigable waters are needed to be removed and disposed of in order to continue with recovery from the storm. This debris includes, but not limited to vegetative, construction and demolition, vessels, vehicles, white goods, and e-waste. Other limitations on operations and debris cleanup are detailed in Section 2 of this document. Debris will be gathered and transported by the State or its contractors to an offload location for transportation to a permitted final disposal facility. At this collection point, the debris will be separated into derelict vessels and other debris. Derelict vessels, for this MOU, will be understood by the parties hereto to be defined in accordance with Section 823.11(b), Florida Statutes. It will be necessary to stage these vessels at an aggregate site while the Florida Fish and Wildlife Conservation Commission's legal process of abandonment is completed in accordance with statutes, rules, and internal practices. These vessels may eventually be sold or destroyed and transported to final disposal. Also, vessels removed may have additional disposal needs for grey water or hazardous waste including fluids before they are transported to the aggregate or disposal sites. Finally, this derelict vessel process will be monitored by the Florida Fish and Wildlife Conservation Commission's staff and contractors. All other collected debris will be dealt with by the Florida Department of Environmental Protection and its contractors. If around a subject derelict vessel there is related marine debris, it will be at the discretion of the Florida Fish and Wildlife Conservation Commission's monitor to determine if it should be classified as part of the derelict vessel or another type of debris for the purposes of proper disposal. Finally, regarding staging, storage, and disposal of this debris, including derelict vessels, the State will have the responsibility to locate and secure appropriate sites for debris and vessel management and shall secure all necessary permits, including disaster debris management site (DDMS) permits. The County shall provide any public lands that are available and appropriate as DDMS sites, and shall to the maximum extent possible provide any other help to assist the State in locating and securing the necessary sites. Section 2- Limitations on the Responsibility of the State of Florida: The State of Florida and its contractors will be only responsible for the cleanup of public and private waters up to the limits set forth in Federal Emergency Management Agency's April 2017 Public Assistance Program and Policy Guide 2.0. The guide explains that "maintenance of a navigable waterway, removal and disposal of debris that obstructs the passage of vessels is eligible to a maximum depth of [two (2)] feet below the low -tide draft of the largest vessel that utilized the waterway prior to the incident" are to be covered under the Public Assistance Program. Furthermore, any debris extending into this zone may be removed as well. Therefore, any debris, even if a result of Hurricane Irma, found below this limit shall be not the responsibility of the State of Florida or its contractors or Monroe County. Because of the numerous waterways throughout unincorporated Monroe County, it is near impossible to calculate this depth limitation for each of waterways. Therefore, in accordance with Federal Emergency Management Agency's attorneys, the depth for this entire cleanup operation will be calculated based on the average depth of five (5) vessels with the deepest draft in Monroe County. Photographic and depth records of these vessels will be collected with the help of Monroe County and retained by the Department of Environmental Protection for the purposes of later reimbursement activities. Another limitation on the State, per Federal Emergency Management Agency's April 2017 Public Assistance Program and Policy Guide 2.0, the prohibition on the removal hazardous substances, pollutants, contaminants, and oil as defined in 40 C.F.R. §300 2011. The cleanup of these materials is the responsibility of the Environmental Protection Agency, United State Coast Guard, and other federal entities. Finally, this MOU does not govern the clean-up of federally maintained navigable waterways. These clean-ups and mitigation efforts will need to be undertaken under the direction of the United State Coast Guard, the United State Environmental Protection Agency, the United States Army Corps of Engineers, and other federal entities. Finally, the State of Florida or its contractors will not collect, sort, dispose, or store other materials that are within the jurisdiction of the Federal Government. These restrictions are outlined in Federal Emergency Management Agency's April 2017 Public Assistance Program and Policy Guide 2.0.