Item D08 D.8
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: D.8
Agenda Item Summary #5285
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
no
AGENDA ITEM WORDING: Approval of an Access Agreement with Cemex Construction
Materials Florida, LLC (Cemex) to allow Monroe County to access property located at 92501
Overseas Highway, Tavernier, to perform hurricane debris site restoration work necessitated by the
use of the site during Hurricane Irma debris operations. Authorization for the Assistant County
Administrator to execute the final agreement.
ITEM BACKGROUND: Monroe County's debris contractor removed vegetation on the Cemex
site to prepare it for use as a temporary debris site during Hurricane Irma. It is necessary to replace
the Class B native vegetation buffer along the north line of the Property and to replace Class C
buffer along US Highway 1 as required by Monroe County Code and to repair approximately 40 feet
of chain link fence. The need to perform the work was not identified until the site had been closed
out by Florida Department of Environmental Protection (FDEP) and returned to the site owner;
therefore the access agreement is needed prior to performing the work.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved an addendum to the Disaster
Response and Recovery Services Contract with Ashbritt, Inc. to add reimbursement for the monthly
license fee for use of the Cemex site as a temporary debris site at the October, 2017 BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
Cemex Access Agreement to perform hurricane restoration 2_28_2019
FINANCIAL IMPACT:
Effective Date:
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D.8
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Judith Clarke Completed 02/28/2019 2:52 PM
Christine Limbert Completed 03/01/2019 5:11 PM
Budget and Finance Completed 03/04/2019 8:00 AM
Maria Slavik Completed 03/04/2019 8:48 AM
Kathy Peters Completed 03/05/2019 6:27 PM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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D.8.a
ACCESS AGREEMENT
This Access Agreement ("Agreement") is made and effective this 21st day of March, 2019 (the
"Effective Date") by and between Cemex Construction Materials Florida, LLC ("Cemex") and Monroe
County("County").
Cemex is the owner of certain real property located at 92501 Overseas Highway, Tavernier, E
Florida (the "Property"). County seeks consent to access the Property to repair and/or replace
approximately 40 ft. of damaged chain link fence and to replace Class B native vegetation buffer along
the north line of the Property and to replace Class C buffer along US Highway 1 (the "Work"). U)
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IN CONSIDERATION of the execution of this Agreement, and other valuable and good
consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: X
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1) Cemex hereby grants to County, and County accepts from Cemex, a non-transferable, W
non-exclusive, revocable right to access the Property solely to perform the Work by County and its
employees, agents, contractors and subcontractors (each a "County Party" and collectively, the "County
Parties") and for no other purpose, subject to the County Parties' compliance with the terms and Ni
conditions set forth herein. The rights granted hereunder are solely for performance of the Work by 00
County. No County Party shall access the Property for any other purpose nor shall any County Party N
allow any other person or parties onto the Property without prior written consent from Cemex. County
agrees to to coordinate the Work with Alex Sanchez at (305) 986-0235 or
Alexsandro.sanchez(cr�,cemex.com or such other person as Cemex may designate from time to time.
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2) No County Party shall (i) perform any invasive testing nor shall any County Party a�
construct, alter, modify,relocate or remove any improvement in or on the Property without Cemex's prior
consent which Cemex may reject in its sole discretion; (ii) disturb or interfere with Cemex's operations
and activities or use of the Property; (iii) damage any part of the Property or any personal property owned
or held by Cemex or its contractors, subcontractors or invitees; (iv) permit waste or damage to the E
Property; or(v) create or permit any liens to attach to the Property. Any and all costs and expenses for all ,0
Work shall be the sole responsibility of County. Cemex shall have no liability for any costs or expenses 0
or any other costs and expenses of any County Party under this Agreement. County shall, at County's sole c
cost and expense promptly restore, repair and return any portion of the Property or any adjacent property
impacted or damaged by any County Party or the Work to approximately the same condition that the
Property or any adjacent property was in prior to the Work. The Work shall be completed on or before 0
20 at which time this Agreement shall terminate except for those provisions that by their
terms survive termination or expiration.
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3) County shall comply with the insurance requirements set forth in Exhibit A. Subject to
Sovereign Immunity Provisions of Sec. 768.28, Florida Statutes, County hereby irrevocably agrees to
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indemnify Cemex and its affiliates and to hold Cemex and its affiliates harmless from any and all 0
liabilities, damages, losses, claims, expenses, suits, costs or demands, direct or indirect, actual or 0
consequential (collectively, "Claims"), and in each and every case, attorney's fees, costs and expenses
incurred in defending against or enforcing any such Claims that Cemex or its affiliates may sustain or
become subject to, arising out of or relating in any way to (i) access to or entry upon the Property by the E
County Parties; (ii) the actions, inactions, or performance of the Work by the County Parties including,
without limitation, any liens against the Property and Claims (including death, injury or loss) related to
persons or property arising out of any County Party's access to the Property; and (iii) breach of this
Agreement by any County Party. The terms of this Section 3 shall survive termination or expiration of
this Agreement.
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D.8.a
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
delivered for and in their names by their duly authorized officers all as of the day and year first above
written.
Monroe County Cemex Construction Materials Florida, LLC
By: By: E
Print Name: Print Name:
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Title: Title:
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D.8.a
EXHIBIT A
INSURANCE REQUIREMENTS
1) Certificate Holder. The County is self-insured and has coverage through the Florida League of
Cities, Inc. The policy or policies providing insurance as required and when applicable (with the E
exception of Workers Compensation, Employers' Liability, and if required to be provided,
Professional Liability Insurance), shall include CEMEX Construction Materials Florida, LLC
("Cemex") and its affiliates, agents and employees (collectively "Cemex Parties") as Certificate U)
Holders. 0
2) No Reduction of Limit of Obli ag tion. Insurance affected or procured by County shall not reduce or
limit County's contractual obligation, subject to F.S. 768.28, to indemnify and defend Cemex for W
claims or suits brought which result from or are in connection with performance of, and obligations W
arising under, the Access Agreement between County and Cemex(the "Agreement").
3) Duration of Coverage. All required insurance coverages shall be maintained during the entire term N
of the Agreement and for such additional time as may be further required. 00
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4) Insurer Requirements. All insurance to be provided through companies authorized to do business in
the State of FLORIDA and holding a"General Policy Holders Rating of"A" or better as set forth in
the most current issue of A.M. Best's Insurance Guide".
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5) Retentions/Deductibles. In the event that the County has any self-insured retentions or deductibles
under any of the minimum required coverages set forth in paragraph 7, these self-insured retentions
or deductibles shall be the sole responsibility of the County.
6) Certificates of Insurance. At any time requested by Cemex, County shall provide to Cemex a
certificate of insurance completed by its insurance carrier, agent or broker that accurately reflects ,0
the required insurance coverages, including any and all limitations, exclusions and restrictions,
specifying that the liability coverages are written on an occurrence form, and that the coverages will c
not be cancelled, non-renewed or materially changed without thirty (30) days advance written
notice to Cemex. County shall instruct its insurer(s) to transmit such certificate(s) to Cemex at the
following address: Risk Management, CEMEX, 10100 Katy Freeway, Suite 300, Houston, TX 0
77043. Acceptance of delivery by Cemex of any certificate of insurance does not constitute
approval or agreement by Cemex that the insurance requirements in the Agreement have been met
or that the insurance policies shown in the certificates of insurance are in compliance with the U)
Agreement requirements.
7) Insurance Requirements. County shall carry the following types of insurance in at least the limits 0
(which may be a combination of primary and excess coverage) specified below:
Coverage Minimum Amounts and Limits
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a. Worker's Compensation Worker's Compensation Statutory Limits ca
Employer's Liability $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease per Employee
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D.8.a
b. Commercial General Liability Bodily Injury/ $1,000,000 each occurrence
Property Damage or equivalent,subject to a
(Occurrence Basis) $2,000,000 aggregate
C. Comprehensive Automobile
Liability Bodily Injury $1,000,000 per person ,
$1,000,000 per occurrence
Property Damage $1,000,000 per occurrence, E
or equivalent
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This policy shall be on a standard form written to cover all owned, hired and non-owned U)
automobiles. The policy shall be endorsed to include the Cemex Parties as additional
insured, waive subrogation in favor of the Cemex Parties, contain cross-liability and
severability of interest endorsements, and state that this insurance is primary insurance as X
regards any other insurance carried by the Cemex Parties. 2
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d. Umbrella Liability Limits: $2,000,000 Each Occur./Agg. M
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This policy shall be written on an umbrella excess basis above coverages as described in 7(b) NI
—8(c) above, endorsed to include the Cemex Parties as certificate holders, and to the extent as N
permissible under the policy contain cross-liability and severability of interest endorsements,
and state that this insurance is primary insurance as regards any other insurance carried by the
Cemex Parties. In addition, the policy shall be endorsed to provide defense coverage
obligations.
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8) Contractor/Subcontractor's Insurance. Insurance similar to that required of County (unless
otherwise approved by Cemex) shall be provided by or on behalf of all contractors and
subcontractors of County to cover their operations performed in or on the Property. County shall
be held responsible for any modification in these insurance requirements as they apply to
contractors and subcontractors of County. County shall maintain Certificates of Insurance from all E
contractors and subcontractors, enumerating, among other things, the waivers in favor of, and 0
insured status of, Cemex, as required herein, and make them available to Cemex upon request. The
term "subcontractor(s)" shall include subcontractors of any tier. 0
9) Release and Waiver. COUNTY HEREBY RELEASES, AND SHALL CAUSE ITS
CONTRACTORS AND SUBCONTRACTORS TO RELEASE, CEMEX AND THE CEMEX
PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER as
WHICH COUNTY AND/OR ITS CONTRACTORS AND SUBCONTRACTORS MIGHT �
OTHERWISE POSSESS RESULTING IN OR FROM OR IN ANY WAY CONNECTED WITH
ANY LOSS COVERED OR WHICH SHOULD HAVE BEEN COVERED BY INSURANCE,
INCLUDING THE DEDUCTIBLE PORTION THEREOF, MAINTAINED AND/OR REQUIRED x
TO BE MAINTAINED BY COUNTY AND/OR ITS CONTRACTORS AND E
SUBCONTRACTORS PURSUANT TO THE AGREEMENT.
NONE OF THE REQUIREMENTS CONTAINED HEREIN AS TO TYPES, LIMITS OR
CEMEX'S APPROVAL OF INSURANCE COVERAGE TO BE MAINTAINED BY COUNTY IS
INTENDED TO AND SHALL NOT IN ANY MANNER LIMIT, QUALIFY OR QUANTIFY
THE LIABILITIES AND OBLIGATIONS ASSUMED BY COUNTY UNDER THE
AGREEMENT OR OTHERWISE PROVIDED BY LAW NOR SHALL THEY BE CONSTRUED
TO BE THE ULTIMATE TYPES AND AMOUNTS OF INSURANCE THAT COUNTY
SHOULD MAINTAIN TO ADEQUATELY INSURE ITSELF.
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