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02/21/2018 AgreementCKevin Madok, CPA Clerk of the Circuit Court & Com troller — Monroe Count Florida Y1 DATE: March 8, 2018 TO: Rhonda Haag, Director Sustainability THRU: Lindsey Ballard Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: February 21s` BOCC Meetings Attached is an electronic copy Item D11, Memorandum of Understanding and Mutual Aid Agreement with the Florida Department of Environmental Protection (DEP) for $6 million for clearing marine debris from canals and other navigable waterways within unincorporated Monroe County, to be reimbursed by the County to DEP, retroactive to the last date executed by the parties, for your records. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney_ Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 MEMORANDUM OF UNDERSTANDING AND PUBLIC ASSISTANCE AGREEMENT FOR CLEARING OF PUBLIC AND PRIVATE WATERWAYS THIS MEMORANDUM OF UNDERSTANDING AND PUBLIC ASSISTANCE 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 (the "State" or "DEP"), 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 storm with maximum sustained winds of approximately 130 m.p.h. WHEREAS, Hurricane Irma caused significant and widespread damage throughout Monroe County. WHEREAS, the majority of County's waterways are connected to, and part of the United States National Marine Sanctuary and must be preserved for future generations. 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 resources available to clear non -hazardous and hazardous debris from private and public waterways (including canals and nearshore waterways below the mean high water line). WHEREAS, debris, including, but not limited to vegetation, hazardous waste, construction and demolition debris, propane tanks, white goods, e-waste, docks, non -marine vehicles, seawalls, and 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. Page 1 of 13 WHEREAS, pursuant to Section 252.45, Florida Statutes the Governor of the State of Florida, when he deems it in the public interest, may "enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state, on such terms and conditions as she or he may deem necessary' to promote the public welfare and protect the interests of the state." Furthermore, this loaning power is delegated by the Governor to DEP as it is one of the "principal administrative unit[s] within the executive branch of state government" under the definitions in Section 20.03, Florida Statutes. 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 MOU, DEP agrees to assist the County with the clearing, removal, and disposal of debris from 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 and repository 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 ("FEMA") in its Public Assistance Program and Policy Guide (2018) provides debris on private property may be removed and eligible under the doctrine of public assistance. Through this MOU, debris removal on private property must be in the public interest to qualify according to for Public Assistance Program and the criteria of Public Assistance Program and Policy Guide (2018). There also must be a written request to FEMA for this doctrine to go into use. Accordingly, the County has adopted Ordinance Page 2 of 13 023-2017 to comply with the Federal Emergency Management Agency's Public Assistance Program and Policy Guide (2018). This ordinance, upon verbal consent of FEMA's attorneys, should fulfill the requirement for a written request and authorization. On February 1, 2018, the County has submitted a request for approval of its marine debris removal program to FEMA through the State of Florida, Division of Emergency Management. 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. WHEREAS, in the present case, the State will provide aid and assistance to the County directly under the doctrine of "mutual aid." NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the Parties agree to the following: Section 1- Parties' Responsibilities: DEP will use its resources, funds, and contracts to remove non -hazardous and hazardous debris resulting from the 2017 Hurricane Irma from the private and public waterways, including nearshore waterways below the mean high water line, within the County's unincorporated boundaries. This MOU does not include the cleaning up of derelict vessel debris. If the public or private waterway extends into a municipality, the State will cease work at the borderline of the unincorporated Monroe County and the municipality. Work by the State in the municipalities of Monroe County will be dealt with in subsequent and individual MOUs, as needed or wanted by each municipality. Private and public waterways, including nearshore Page 3 of 13 waterways below the mean high water line, for the purposes of DEP's portion of this MOU, are defined by and identified in Exhibit 1. For the purposes of this MOU, "mean high water" is defined in Section 177.27(14), Florida Statutes (2017) as "...the average height of the high waters over a 19-year period." Furthermore, Section 177.27(14), Florida Statutes (2017) goes on to say that "for shorter periods of observation, `mean high water' means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value." Therefore, the mean high water line as defined in Section 177.27(15), Florida Statutes (2017) and for the purposes of this MOU is the intersection of the tidal plane of mean high water with the shore." The documentation identifying public and private waterways, including nearshore waterways below the mean high water line, in unincorporated Monroe County, which are subject to this MOU are incorporated as Exhibit 2. Exhibit 2 may be modified by in writing by mutual agreement of the DEP and the County. As'part of its responsibilities, the County shall have the responsibility to locate and secure appropriate sites and/or transfer stations for debris, 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 opportunity from Federal Emergency Management Agency. This MOU and all related documents will comply all federal procurement Page 4 of 13 requirements under 2 C.F.R. § 200.326 (2014), including Appendix II to Part 200, as incorporated by reference into this MOU as Exhibit 4. This MOU prohibits Time -and -Material Contracts (T&M), which are discouraged by the Federal Emergency Management Agency. If DEP elects to use a T&M Contract, either for a contractor or subcontractor, there must be a prior written explanation provided to the County as to its use, justification, and why the other types of contracts do not work in the present situation. 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 and County's Priority List: The State and County shall do, perform, and carry out the duties described in the Scope of Work, attached hereto as Exhibit 3. The waterways will be worked on in the order of the County's priority that is incorporated in Exhibit 5. These exhibits are incorporated into this MOU as any other term or provision of this uM 19-M Section 4 — Repayment: Under the doctrine of "mutual aid" the County will be required to reimburse DEP for all costs, activities, fees, and expenditures associated with this MOU and its exhibits. The County is responsible for paying the entire local share in accordance with the Federal Emergency Management Agency's dollar amounts. These monies will be paid independently from the monies provided under this MOU. The County will be responsible for repaying DEP fifty (50) percent of all the monies expended by DEP, no later than the last day of the nineteenth month following the date of execution of this MOU by both parties ("Date of Execution"). To determine the amount to be repaid, which repayment shall occur by no later than the last day of the eighteenth month following the Date of Page 5 of 13 r � � Execution, DEP will issue to the County an accounting in writing, showing all monies expended up to the last day of the seventeenth (17) ,month following the Date of Execution, together with detailed backup. The backup shall be in a form that shall conform with requirements for submission to FEMA as part of all Project Worksheet (P.W.) requests for reimbursement. The remaining work will continue until the last day of the twenty-third (23) month the Date of Execution, DEP shall submit to the County a final accounting, showing all monies expended on the project covered by this MOU. Thereafter, the County will then be required to repay the Department the balance of the money outstanding by the last day of the twenty -forth (24) from the Date of Execution. Finally, all monies repaid to DEP will be made in accordance with DEP's instructions and guidance. On or before the third day of each month covered by this MOU, the County shall submit a snapshot report showing revenue and expenditures for the County for the previous month. This will be done in writing to the DEP's Deputy Secretary for Land and Recreation and in generally accepted accounting principles. Section 5- 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. 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 6 — 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 7- Sovereign Immunity: Nothing herein shall be deemed a waiver, express or implied of any parties' sovereign immunity under Section 768.28, Florida Statutes (2017) or Page 6 of 13 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 8- 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 9- Termination: This MOU shall commence when it is executed by all parties and. shall continue until terminated as provided herein, amended, or replaced with a new MOU. The MOU can also be terminated via amendment or replacement. 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 DEP and the County upon a thirty (30) day written notice to all other parties. If a terminated party desires to re-enter the MOU, it must be upon consent of the remaining parties and in writing in accordance instructions laid out in this MOU. Section 10- 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 11- Public Records: If any party to this MOU is a "contractor" as defined in Section Page 7 of 13 119.0701(1)(a), Florida Statutes ("Contractor"), the Contractor shall: (1) Keep and maintain public records required by DEP, the County and FEMA to perform the service. (2) Upon request, provide DEP 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, Florida Statutes, or as otherwise provided by law. (3) A Contractor who fails to provide the public records to DEP 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 DEP. (5) Upon completion of the Contract, transfer, at no cost, to DEP all public records in possession of the Contractor or keep and maintain public records required by the State to perform the service. If the Contractor transfers all public records to DEP upon completion of the MOU, the Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from public records disclosure requirements. DEP will be responsible for the maintenance and retention of these records for FEMA reimbursement and other purposes in conformity with federal and state regulations, laws, and rules. If the Contractor keeps and maintains public records upon completion of the MOU, the Contractor shall meet all applicable requirements for retaining public records. All public records stored electronically must be provided to the State, upon request from the DEP's custodian of public records, in a format specified by the State as compatible with the information technology systems of DEP. 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. Page 8 of 13 (6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES AND ALL APPLICABLE FLORIDA DEPARTMENT OF STATE RULES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT DEP'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@dep.state.fl.us 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 12- 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 Deputy Secretary David A. Clark, Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS #44 Tallahassee, Florida 32399 Each party reserves the right to designate another official to be the point of contact without formal amendment to this MOU. This designation must be done ten (10) days before the desired date of substitution by email, facsimile, or U.S. Mail. Confirmation of this transfer and its 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. Page 9 of 13 Y 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 13- 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 14- Monetary Limitations: The signatories of this MOU acknowledge that DEP has a finite amount of resources for the clean-up of not only the above -referenced waterways but also for the state lands and possibly waterways within the five (5) municipalities in Monroe County. Therefore, DEP sets a limitation of six million dollars ($6,000,000.00) for this MOU, state lands, and the other, municipalities. Upon reaching this limitation, DEP's Deputy Secretary for Land and Recreation will evaluate current and future projects, as well as available funding resources to determine whether to continue with clean-up operations. This decision will be made in consideration of input from the County, but the County's input is in no way binding on Deputy Secretary for Land and Recreation's decision. This decision will be made and sent in writing to the County within ten (10) days of reaching the $6,000,000.00 cap. Section 15 - 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 16 - Non-discrimination: No person, on the grounds of race, creed, color, national Page 10 of 13 r 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 MOU. All activities pursuant to this MOU shall be in compliance with the requirements of Title VI of the 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 17 — Non -Assignment: This MOU 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 18 — No Third -Party Rights: The parties hereto do not intend, nor shall this MOU be construed to grant any rights, privileges or interest to any person not a party to this MOU. Section 19 — Jury Trial Waiver: As part of the consideration for this MOU, 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 MOU, or with the services provided under this MOU; including but not limited to any claim of quantum meruit. Section 20 — Entire Agreement: This MOU with all incorporated attachments and exhibits represents the entire MOU between the parties. Page 11 of 13 IN WITNESS WHEREOF, Monroe County Board of County Commissioners and Florida Department of Environmental Protection have caused this Memorandum of Understanding to be effective when it is executed by all parties as indicated below for uses and purposes set forth herein. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA w _ p 1 Chair/Mayor Date , A,TTFSTJ MVIN MADOK, CPA, Clerk ClerkK-a if;eJ 6y goGG APPROVE T ORM AND LEGALITY �t County Attorney - - Page 12 of 13 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION P,Apyfy 56cretarj DAer y�;►°::► ,- LATASHAT. PIERCE Commission # GG 050777 ATTEST: Expires February 6, 2021 '% OF1��`• B=WThruTmyFain lnwrance8003W?019 Notary AP FOR20 AND LEGALITY eneral 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 Exhibit 4: Contract Provisions Required by 2 CFR §200.326 Exhibit 5: Monroe County's List of Priority Canals Page 13 of 13 Exhibit 1: Ordinance 023-2017 Kevin Madok, CPA Clerk 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) 292-3550. 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.• rnnnty. Attnrnev 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 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: 1. 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 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 (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 rights -of -way. 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 I 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 (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 Responsibility of private property 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 5 of 7 (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. e. 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 Emergency 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 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 Tem 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 'e` Mayor George Neugent ATTEST: KEVIN MADOK, CLERK By eputy Clerk 0 o Cl) a C:) W. �ii� J lL. MONROE COUNTY ATTORNEY x o� AP OV AV0 ORAM. o �`' THIA L. ALL �W ASSISTANT COUNTY ATTORNEY T i.0 "z Date IC-19—�Zel o Page 7 of 7 NOTICE OF INTENTION TO CONSIDER ADOJ'TION 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 KF.Y 7WFS1 N the Marathon Government Center, 2798 Overseas w4fsc re�e Highway, Monroe County, ells, LLC Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance. '77 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 11-2 OF THE MONROE COUNTY CODE; RELATING TO EMERGENCY MANAGEMENTAND DISASTER -GENERATED DEBRIS REMOVAL: ADDING DEFINITIONS; ADDING EMERGENCY RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND CANALS; ADDING INDEMNIFICATION; 25 :om 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. .com 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 71 i' Dated at Key West, Florida, this 10th day of October, 2017. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Oct xs M? STATE OF FLORIDA " "- 'IAUNTY OF MONROE Before the undersigned authority personally appeared Paul Clarin, who on oath says that he is Publisher of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of ` advertisement, being a legal notice in the matter of N bin x � � i� _k /)/) 0r-}- cc was published in said newspaper in the issue(s) of c" w_ 1 N 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 day of October, 2017 Notary Public: �A pl DAWN f15KY~Pl MY CCMMtSStC�i : FF 94=i 2 A i EXPIRES: January 4, 2020 W{ Bonded Thru tt Atry Pins Underrr lrs Dawn KawzinSKy Expires: 1 /4/2020 Notary Seal Personally Known x Produced Identification Type of Identification Produced October 14, 2017 Key West Citizen A:S� ,. ?333792'_, F t. O R I D A K E Y S KEYNCITER Published Twice Weekly Marathon, 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 FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publi Lion) ez I Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, 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 Florida Keys Keynoter is in full compliance with Chapter 50 af the Florida State Statutes on Legal , Official Advertisements. Richard Tamborrino, Publisher Sw�o/rn� to and sub rib before me this f 7 Day of , 2017 Ndtary (SEAL) BEVERLY TRAEGER MY COMMISSION i FF 108704 t as EXPIRES: April 18, 2018 Bonded Wu Notary Pubic Underwriters f •, 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, f 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 E 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 reed 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 pa pate in this proceeding, please contact the Coun " Administrator's Office, by phoning (305) 292-4441, be- tween the hours of 8:30 a.m. - 5:00 p.m., no Later than five (5) calendar days prior to the scheduled meeting; if yo A are hearing or voice im- paired, call "711". Dated at Key West, Florida, this 1a h day of October, 771 KEVIN fvtADOK, Clerk of Circuit Court (SEAL)and officio Clerk of the Board of County Commissioners of Monroe County, Florida Published October 14, 2017 Florida Keys Keynoter RECEIVED OCT 19 Z017 "Opm Y ATTORNV 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: (dafe(s) of pubs ation) 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 50 of the Florida State Statutes on Legal and Official Advertisem�s. ,.7 !/ Richard Tam orrino, Publisher Sworn to and subscribed before me this Day of '2017 No(dry (SEAL) BEl�RLY TRAEGFA MY COMMISSION;1 FF 108704 Ord EXPIRES: A{NII 18, 2018 ;?I4.••bonded Thru Notary POW Untlawitm Ad# 0003335930 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 I appeal Is to be based. I 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) 292-4441, be- tween 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 im- paired, call "711". Dated 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 ZOV MONROE COUNTY ATTORNEY Ca E;D EC CLVI i,--, "V—; Exhibit 2: Documentation Identifying Public and Private Waterways in Monroe County Lr'.11-u VJJ M L5�L, Liz Lb,� n (�z Natc nal Park orada FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Grid Index SUBMERGED LANDS MANAGEMENT 0 2.5 5 10 Canals of Unicorporated Monroe County Miles HURRICANE IRMA DEBRIS CLEANUP B2 —-----—--- ------------- 1 Ir R d D 231�) MC:ift. .FAbdqd. D—Tll-p——yawn -----j----VI------------------------------------ .- .,—gIWIId A2 ---------------- FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County MANAGEMENT 0 0.125 025 0.5 Grid Index SUBMERGED LANDS Miles P of HURRICANE IRMA DEBRIS CLEANUP °°°°°N..°°� �°°r dIdntlex56 Grid x: A2 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe County zs o.zs os Grid Index SUBMERGED LANDS MANAGEMENT o o.lMiles •"' HURRICANE IRMA DEBRIS CLEANUP ""°"`""""" '"'mm°°""'w "` Page 3 of 56 Grid Index: A3 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporatcd Monroe County ER ED LANDS MANAGEMENT o o.lzs o.zs o.s Grid Index SUBM G Miles 4 Paged HURRICANE IRMA DEBRIS CLEANUP „„. °^ 56 Grid Index: A4 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) ... Canals of Unicorporated Monroe County (i U 135 025 U 5 Grid Index SUBMERGED LANDS MANAGEMENT Miles Page of 56 HURRICANE IRMA DEBRIS CLEANUP Grid Index : B2 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County ANDS MANAGEMENT o o.lzs 025 os ° Grid Index SUBMERGED L Miles P of HURRICANE IRMA DEBRIS CLEANUP �mm°^� °^Y dI dnde56 Index: x: 83 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) ® Canals of Unicorporated Monroe County 0 0.125 0.25 0.5' Grid Index SUBMERGED LANDS MANAGEMENT Miles pide'O`� HURRICANE IRMA DEBRIS CLEANUP "°"`""""""�"""'"�" "'" Grid Index: 84 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporatcd Monroe county o o.izs oss os SUBMERGED LANDS MANAGEMENT :• Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP °°> Page 8of 56 Grid Index: B6 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) .. Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o 06; oss o.s Miles Grid Index :�° HURRICANE IRMA DEBRIS CLEANUP °° mm ... Page 9 of 56 Grid Index: B8 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe County 0 0.125 0.25 0.5 Grid Index SUBMERGED LANDS MANAGEMENT Miles Page 10 HURRICANE IRMA DEBRIS CLEANUP °°w� �N�°..ry,w�°. �. Grid Index: Index: 66 C6 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County 0 0 125 025 0.5 Grid Index SUBMERGED LANDS MANAGEMENT Males HURRICANE IRMA DEBRIS CLEANUP �e�a „ Page 11 of 56 Grid Index: C7 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o o.lzs o.zs os . Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP °°°°°°^° °° Page 12 of 56 Grid Index: C8 o,...••..,o.. w��..... � w.n.w,.�. �a.n o..,. ....w +u�....._� c... a.w... o..:,,.. ��.ne��>vw.. FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals o! Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o 0.125 ozs o s i. 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FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unieorporated Monroe County 0 0.125 0.25 OS q t Grid Index SUBMERGED LANDS MANAGEMENT Miles ••`` w HURRICANE IRMA DEBRIS CLEANUP "°°""' `°""'°`"°"""'' """ Page 18 of 66 Grid Index: D10 D» DID D12 .a lip KEV , W —`—"^— ��• EEEpMD +� Su KEY �g_v KEY ' SI.3YE vLSMD m x� t EKEV EY MEV , s •• _. ______ i___________________________________ _ __ _________ .__.__ _ 9 __ ____ __. _ _____ ._.__ ____--_____ __________—______—__— C11 y -- i C72 Mi E11 E72 j a'k. ' TONEM NFY T; w D12 K': LYZ I D13 !'+ FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County 0 0.125 0.25 QS Grid Index SUBMERGED LANDS MANAGEMENT Miles HURRICANE IRMA DEBRIS CLEANUP Page 21 of 56 Grid Index: D13 I E14 D 1: ....................................... ---------- -.1 -------------- EIS --- --------- a 13 Ill FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) •'. " - Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o o.lzs oss os Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP ""1ftl0rte 1 "'°"" """"`On Page 23 of 56 Grid Index: D15 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) ..� " Canals of Unicorporated Monroe County o o.las o.zs os SUBMERGED LANDS MANAGEMENT Grid Index Miles „nm.,�.�,.�.��m�..,��.�..�,��,.... �,��r HURRICANE IRMA DEBRIS CLEANUP Page 24of56 Grid Index: E11 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) �� - Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o o.lzs o.zs os :;!•''• Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP Page 25 of 56 Grid Index: E12 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) .. -'- Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o 0.125 0,25 os Grid Index :�� Miles HURRICANE IRMA DEBRIS CLEANUP re ,.m,._°° Page 26 of 56 Grid Index: El FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals o! Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o olzs 025 os Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP Page 27 of 56 Grid Index: E14 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporatcd Monroe county SUBMERGED LANDS MANAGEMENT o o.lzs o.zs o.s Grid Index Miles •'•'f HURRICANE IRMA DEBRIS CLEANUP Page 28 of 56 Grid Index: E15 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe County o o.l2s 0.25 os SUBMERGED LANDS MANAGEMENT :• Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP �' w °' Page 29 of 56 Grid Index: F12 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o 0 12s o.�s o.s sQ. 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J nveAxicA Q43 xve eA � __—`yam i I pQQ wee*a i �,i�,uunv✓a�wanay ;• fitC� .T�Lq w IYAA A ent, a -" f n•- .i grma.o br IAVFAIAIA q~ : 4q s '� •a I L Slt 1 A l FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) _ Canals of Unieorporated Monroe County o o.izs oss os SUBMERGED LANDS MANAGEMENT ;Qa Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP Page 37 of 56 Grid Index: P44 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o olzs oas o.s:. Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP "°"""""`°""""""""""""'"""'"'" Page 38ots6 Grid Index: 043 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) e " Canals of Unicorporated Monroe County J UBMERGED LANDS MANAGEMENT o 0.I25 025 os Grid Index Miles r .,,,,,o.,.o,,...�w,�,r..��.�,.n�„�„�,.�. �,�� HURRICANE IRMA DEBRIS CLEANUP Page 39 of 56 Grid Index: Q44 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Gof Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o o.Izs 025 os : • Grridid Index Miles HURRICANE IRMA DEBRIS CLEANUP °sm " Page40of56 Grid Index: R44 , ________ ` ~ mw o se ... ' A o 1 �� -- �4 1 00 1 R46 . • D,p .. FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o o.lzs o.2s o.s 4Grld Index Miles HURRICANE IRMA DEBRIS CLEANUP Page 42 of 56 Grid Index: R46 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) e - Canals of Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o o.lzs ozs o s Grid Index Miles ��,��,.n��.�o��,��,.�,�,��,.,n��„��,�� HURRICANE IRMA DEBRIS CLEANUP Page 43of56 Grid Index: S45 $46 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unieorporated Monroe County So o.lu o s o.s SUBMERGED LANDS MANAGEMENT Grid Index Miles HURRICANE IRMA DEBRIS CLEANUP N,�•.re w�...,„ Page 45 of 56 Grid Index: 547 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - canals of Unicorporated Monroe county 0 0.125 0.25 0.5 Grid Index SUBMERGED LANDS MANAGEMENT Miles Page HURRICANE IRMA DEBRIS CLEANUP ^° °°�mm^°��e°°^r 66 Grid Index: T46 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o o.lzs o.zs os Grid Index Miles 4 HURRICANE IRMA DEBRIS CLEANUP "°°'°°"° °^'�"°°, w�.°"^'y Page 47 or ss Grid Index: T47 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Gof Unicorporated Monroe county SUBMERGED LANDS MANAGEMENT o o.izs 0.25 o.s Grridid Index nMiles HURRICANE IRMA DEBRIS CLEANUP ^°° °a �,�•°°�� °r °r Page 48 o156 Grid Index: U47 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County ED LANDS MANAGEMENT 0 0.125 0.25 0.5 � • Grid Index SUBMERGED Miles HURRICANE IRMA DEBRIS CLEANUP Page 49 of 56 Grid Index: U48 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County 0 0.125 0.25 0.5 Grid Index SUBMERGED LANDS MANAGEMENT Miles HURRICANE IRMA DEBRIS CLEANUP Page 50 of 56 Grid Index: V46 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County 0 0.125 0.25 0.5 s' Grid Index SUBMERGED LANDS MANAGEMENT Miles HURRICANE IRMA DEBRIS CLEANUP Page 51 of 56 Grid Index: V49 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) Canals of Unicorporated Monroe County LANDS MANAGEMENT o 0.I25 025 o.s Grid Index SUBMERGED LAMiles Pege62 HURRICANE IRMA DEBRIS CLEANUP ° �,,,a,° ° 56 Grid Index:: W49 5 5 1 �Es <, Es jr Gap sper�aa 1) Mile Markers- Fbrltla Gepattmenr of Trenapardtlon 2) Poatl Uala- NaMaq Rpatls 3) Canals Uneorporaletl Monroe County -Greg Corning oltM YVpotl Group 4)Ferials-�ttps /Istortns ngs noaa gavlsror arp�plmmis FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County SUBMERGED LANDS MANAGEMENT o 0.125 0.25 05 � • SU Miles Grid Index HURRICANE IRMA DEBRIS CLEANUP Page 53 of 56 Grid Index: X46 s, CLUB AA62 ------ ___----------- _ —!__.� r r____ _ _ _ --------------- _ .___. __._.___--- ___________._.___.____.___._ N°R` yf6. } rT` T BEEF CLUB �A' • ..S •fi\� •• •i+.. w� wµovw �� l a wT. Z51 f r r ocuw � YEEFCW! � •�7 �' r r` FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unieorporated Monroe County SUBMERGED LANDS MANAGEMENT o 0.125 0,25 o.s :Q• Grid Index Miles •••"• HURRICANE IRMA DEBRIS CLEANUP Page 55 of 56 Grid Index: AA51 FLORIDA KEYS (UNINCORPORATED MONROE COUNTY) - Canals of Unicorporated Monroe County 0 0.125 0.25 0.5 ' Grid Index SUBMERGED LANDS MANAGEMENT Miles Page of 56 HURRICANE IRMA DEBRIS CLEANUP °W°^° N� °., Grid Index: AA52 Exhibit 3: Scope of Work and Responsibility of the State of Florida Section 1- Work: Monroe County is currently recovering from the devastating effects of Hurricane Irma, a Category 4 storm that directly impacted the Florida Keys. Hazards impeding the use of public and private navigable waters are needed to be removed to continue with recovery from the storm. This debris includes, but not limited to vegetative, hazardous waste, non -marine vehicles, construction and demolition, vehicles, white goods, and e-waste. This MOU does not encompass the cleaning up of derelict vessel debris. Other limitations on operations and debris cleanup are detailed in Section 2 of this document. � Debris will be gathered by Department of Environmental Protection or its contractors to an &gam offload location for transportation to a permitted final disposal facility and�c°� ansfer facility. At fix_ this collection point, the debris will be sorted in accordance with applicable policies, rules, practices, and laws. Finally, regarding staging, storage, and disposal of these debris, the County will have the responsibility to locate and secure appropriate sites and/or transfer stations for debris management and shall secure all necessary permits, including disaster debris management site (DDMS) permits. The Florida Department of Environmental Protection will clean up hazardous and non -hazardous debris in private and public waterways (including canals). 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. 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, including nearshore waterways below the mean high water line, up to the limits set forth in Federal Emergency Management Agency's Public Assistance Program and Policy Guide (2018). The Federal Emergency Management Agency's Public Assistance Program and Policy Guide (2018) 1 of 2 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. 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. Finally, this MOU does not govern the clean-up of federally maintained navigable waterways. These restrictions are outlined in Federal Emergency Management Agency's Public Assistance Program and Policy Guide (2018). 2 of 2 Exhibit 4: Contract Provisions Required by 2 CFR §200.326 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Contractor materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above, do not preclude the Contractor from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Contractor for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience A. The Department may terminate this Agreement at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Agreement or if any warranty or representation made by Contractor in this Agreement or in its application for funding shall at any time be false or misleading in any respect. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Contractor with thirty (30) calendar days written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Contractor of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Contractor agrees as follows: i. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. iv. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Beacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Contractor, and if required by the Federal Legislation, the Contractor must comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Contractor must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C.1251-1387) If the Agreement is in excess of $150,000, the Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension Executive Orders 12549 and 12689) The Contractor certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) The Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The Contract shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. 10. Procurement of Recovered Materials The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. Exhibit 5: Monroe County's List of Priority Canals (As of 2-6-2018. The County reserves the right amend the list upon receipt of further information regarding amount of debris.) Legend N Mile Markers W+ E Canal Level Impacts S 1 - High Impact (73 Canals) FIM2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines rglbde North Key Largo National P"4 Key Largo Tavernier Duck Key , Layton Cudjoe Key Big Pine Key,-r" Ramrod Key Big Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri MONO`` rr I Lit MACAW ` eGRET '°EC�CAN GEIGER N M M. �-0 a Uj > m , , s,. • .„ ter;. z a D w Legend N _ Mile Markers w+r Canal Level Impacts S - 1 - High Impact ( 73 Canals) - 2 - Medium Impact (114 Canals) ` 3 - Lower Impact (91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines a E7 Homestead t--91ade North Key Largo National Pat* Key Largo r' Tavernier,"" Duck Key,, Layton Cudjoe Key Big Pine Key ✓ A Ramrod Key Sources: Esri, HERE, WMea Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri En Legend Mile Markers W r E Canal Level Impacts S - 1 - High Impact ( 73 Canals) - 2 - Medium Impact (114 Canals) � 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines Homestead �erglade North Key Largo National Pam. Key Largo r` Tavernier ' Duck Key ` Layton Cudjoe Key Big Pine Key _�,� Ramrod Key �►« Big Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri 7 x h Legend N ---- -- - Mile Markers W r i Hon��xe:,ci Canal Level Impacts s P rgl-ie North Key Largo 1 - High Impact ( 73 Canals) National rml* Key Largo 2 - Medium Impact (114 Canals) Tavernier 3 - Lower Impact ( 91 Canals) Duck Key Layton 4 -Low Impact (55 Canals) Cudjoe Key gig Pine Key _ Monroe County Owned Parcels Ramrod Key Sources: Esri, HERE, Ke%wea Big Coppitt Key Source e, Esri,HERE, Stock Island P, Street Centerlines » INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri a•{"' T, 4b Y q: y h e t e II t i 12 .Y 4 ` 1 7 �•L. v 24 . - - - OVERSEAS HENRY ,. '�",�'="' ,,,,,, r•'n �_ � Legend N _ w f E Mile Markers ►o�ste.vt Canal Level Impacts S ILmarglade North Key Largo IN 1 High Impact ( 73 Canals) National Park Key Largo 2 Medium Impact (114 Canals) Taver (,r 3 Lower Impact ( 91 Canals) Duck Key ,* Layton Cudjoe Key gig Pine Key 4 -Low Impact (55 Canals) ...-.._�'" Monroe Count Owned Parcels j y Ramrod Key W104 a gig Coppitt Key Sources: Esri, HERE, DeLorme, USGS, Intermap, Stock Island INCREMENT P, NRCan, Esri Street Centerlines Japan, METI, Esri China (Hong Kong), Esri Korea, Esri « r - " Legend W \ E Mile Markers `anal Level Impacts S 1 - High Impact ( 73 Canals) 2 - Medium Impact (114 Canals) EA3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines Honwstead Lverglxie North Key Largo National pow Key Largo Tavernier Duck Key Layton Cudjoe Key Big Pine Key Ramrod Key Sources: Esri, HERE, �Y�� Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri ASTRANGIA PO1 . .. SNAI w TARI m MLOBSTER SHORES- JIN� iTEMPLE 5 Legend F' Mile Markers w+r Canal Level Impacts S 1 - High Impact (73 Canals) - 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines 'GATO Homestearl f verglade North Key Largo National Par$ Key Largo r Tavernier-' f'r Duck Key r Layton Cudjoe Key Big Pine Key_...,--' Ramrod Key Kay'W61 Big Coppitt Key Sources: Esri, HERE, *71 Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri ,.` . Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Y3 .s > t ry f i TF I L Legend N w r E Mile Markers Canal Level Impacts S 1 - High Impact (73 Canals) 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines 6,sc Homestead Nat erglade North Key Largo Naionar pa6 Key Largo Tavernier Duck Key Layton Cudjoe Key Big Pine Key — Ramrod Key VAYW�Big Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri y Legend N CI W + E Mile Markers Canal Level Impacts S 1 - High Impact (73 Canals) 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines I' SANDY - w� -C OVERSEAS PINE CrlA 77 mow — ANGELFISH c� wa vnrur.r, i o D1 7 " rgWe North Key Largo National Pan. Key Largo; Tavernier Duck Key r Layton Cudjoe Key Big Pine Key Ramrod Key Sources: Esri, HERE, Kay Well! Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri DINCIANA :OCONUT HIBISCUS C0 �O,L DATE SOUTH WINIFRED 14TH `r9 �00� 15TH 15TH FENCE 16TH 0 x PINEWOOD 17TH w z V) 18TH PALM a z N ATLANTIS o z 0 19TH Oz o Z y z HOLLERICH J _ ¢ v a N HIBISCUS LYTTONS AVENUE J 21ST AVENUEI EDWARD AVENUE H :HURCH 22ND AVENUE G AVENUE G z =) BAILEY N AVENUE F 23RD .f- � U AVENUE E �I ¢ 24TH AVENUE D z 2SAMS F� z o AVENUE C = 00 F- z 0 AVENUE B Ln Legend N N 31 N W r E �,sc Homestead N }t J Mile Markers f r. Canal Level Impacts S p J Q EdatraWe North Key Largo - 1 - High Impact ( 73 Canals) 0 BI * z Key Largo 2 - Medium Impact (114 Canals) Tavernier 3 - Lower Impact ( 91 Canals) Duck Key Layton �,- Cudjoe Key Big Pine Key_. 4 -Low Impact (55 Canals) - Monroe Count Owned Parcels y 0 -' Ramrod Key K�YiWesBig Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Street Centerlines . Japan, METI, Esri China (Hong Kong), Esri Korea, Esri 1k,. T }.AL kx Legend N W E Mile Markers r Canal Level Impacts s - 1 - High Impact ( 73 Canals) - 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines Homestead L gl1 36North Key Largo Nallconal rode Key Largo N� Tavernier Duck Key r Layton Cudjoe Key Big Pine Key -- Ramrod Key Sources: Esri, HERE, VWY Was Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong 1 - Kong), Esri Korea, Esri i a ��. `l 1 i i q u R Legend N Mile Markers w+r Canal Level Impacts s 1 - High Impact (73 Canals) I � - 2 -Medium Impact (114 Canals) I 3 - Lower Impact (91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels i Street Centerlines r <` Homestead t—cilaide North Key Largo National Port, Key Largo Tavernier Duck Key Layton Cudjoe Key Big Pine Keyes""` Ramrod Key Sources: Esri, HERE, Key WIN Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri « Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Legend Mile Markers W+E Canal Level Impacts S - 1 - High Impact ( 73 Canals) - 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines s XF' xn- Ln LLIA r �- Q 'tip . L ►a92! Homestead Nat L-19lade North Key Largo National po'd, Key Largo Tavernier Duck Key Layton Cudjoe Key gig Pine Key—. —. Ramrod Key Sources: Esri, HERE, K4010� a Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong „ Kong), Esri Korea, Esri W. MORRIS 7 = O) m 01 r. 5 VN, Legend N Mile Markers W + E Canal Level Impacts S - 1 - High Impact ( 73 Canals) - 2 - Medium Impact (114 Canals) 3 - Lower Impact (91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines Homestead j �4 LrnargWeNorth Key Largo Ntetional " P.4 Key Largo Tavernier Duck Key r Layton Cudjoe Key Big Pine Keys Ramrod Key KGY1Ves Big Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Konq), Esri Korea, Esri G f dry Y ... t - ... _-. 5 C Legend N Mile Markers W+E Canal Level Impacts S 1 - High Impact ( 73 Canals) ® 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines ;L 4 Homestead • (—gtade North Key Largo Nedionat Pat* Key Largo i Tavernier l Duck Key Layton Cudjoe Key Big Pine KeY ,_. " Ramrod Key KaYWOS Big Coppitt Key Sources: Esri, HERE, Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri Legend N W r E Mile Markers Canal Level Impacts S 1 - High Impact (73 Canals) 2 - Medium Impact (114 Canals) 3 - Lower Impact ( 91 Canals) 4 -Low Impact (55 Canals) Monroe County Owned Parcels Street Centerlines rs<'' Lv*rglade North Key Largo National Par$, Key Largo Tavernier Duck Key Layton Cudjoe Key Big Pine Key Ramrod Key Sources: Esri, HERE, KW es Big Coppitt Key Stock Island DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong _, Kong), Esri Korea, Esri