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Home My WebLink AboutResolution - 2003-R0179 - Contract Agreement - Case New Holland N.V. - 05_08_2003Resolution No. 2003-RO179 May 8, 2003 Item No. 37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Case New Holland Global N.V., an Illinois corporation and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8t ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT:: Ted Ell rook Managing Director of Public Works APPROVED AS TO RM: Richard K. Casner Natural Resources Attorney Ke/ccdocs/LLAS/HayContract.Res April 14, 2003 Resolution No. 2003-RO179 May 8, 2003 Item No. 37 AGREEMENT This Agreement, dated the 8tb day of May , 2003, is entered into by and between the City of Lubbock, a Texas home rule municipal corporation (the "City"), and Case New Holland Global N.V., an Illinois corporation (the "Contractor). WHEREAS, the City owns the Lubbock Land Application Site (the "LLAS"), a land application site located in Lubbock County, Texas, wherein treated effluent is applied; and WHEREAS, certain crops, including perennial grasses (the "Crops"), are grown on the LLAS; and WHEREAS, in order to efficiently apply treated effluent upon the LLAS, the Crops grown thereon may be harvested by mechanical means, including without limitation, haying; and WHEREAS, Contractor desires to demonstrate machinery owned by it in haying operations upon the LLAS; and WHEREAS, the demonstration by Contractor of its haying equipment will benefit the City; and WHEREAS, the City and Contractor now desire to enter into this Agreement for access upon the LLAS for the limited purpose of demonstrating haying operations. NOW THEREFORE, City and Contractor agree as follows: 1. Contractor shall have non-exclusive access to the LLAS, at the sites designated by the Farm Manager of the City, for the period of time from 7:00 a.m. on May f 10 , 2003 to 5 :00 p.m. on May , 26 , 2003. Contractor shall have no access to the LLAS except on sites designated by the Farm Manager of the City. 2. The City shall mow, swathe, and otherwise prepare Crops for haying, in the manner it deems appropriate, approximately fifty (50) acres, or such amount as the Farm Manager of the City shall determine to be appropriate, of the LLAS on or prior to 7:00 a.m. May , 10 , 2003. 3. Contractor shall (i) hay the mowed and swathed Crops on the lands described in paragraph 2, above; and (ii) mow, swathe, and hay an additional 50 to 150 acres of Crops, as designated by the Farm Manager of the City. Hay Contract at LLAS Pagel of 4 4.. The baled Crops shall be removed from the center pivot areas of the LLAS and placed at a location on the LLAS as designated by the Farm Manager of the City at the time or times designated by the Farm Manager of the City, but in no event later than M a y , 26 , 2003, at 5:00 p.m. 5. CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. CONTRACTOR FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIMS, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, CONTRACTOR SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, REASONABLE AND NECESSARY ATTORNEY'S FEES INCURRED BY SUCH PARTIES IN ENFORCING CONTRACTOR'S INDEMNITY IN THIS SECTION. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND CONTRACTOR HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES, ON ANY Hay Contract at LLAS Page 2 of 4 THEORY OF LEGAL LIABILITY, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OCCUPATION OF THE LLAS BY THE CONTRACTOR, ITS GUESTS, INVITEES, BUSINESS INVITEES, LICENSEES, EMPLOYEES, AGENTS AND/OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR GROSS NEGLIGENCE, OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS OR ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE BREACH BY THE CITY OF ANY TERM OR PROVISION OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 6. Contractor shall procure and carry such insurance throughout the term of this Agreement, as set forth in the Certificate of Insurance, attached to this Agreement as Exhibit "A". 7. This Agreement shall expire and terminate at 5:00 p.m. on M a v , 2 6 , 2003. Contractor shall vacate the LLAS, including the removal of any equipment or machinery of Contractor, on or before the termination of this Agreement. 8. In the event Contractor shall fail to perform any obligation required hereunder, the City may exercise. any rights and remedies available to it by law, equity, contract or otherwise. In the event City shall fail to perform any obligation required hereunder, Contractor may, to the extent it has not released the City for liability regarding same, as its sole and exclusive remedy, terminate this Agreement. Dated the 8th day of May , 2003. CONTRACTOR CASE NEW HOLLAND GLOBAL N.V. By: Name: Title: Hay Contract at LLAS Page 3 of 4 ATTEST: Rebecca Garza, City Secret� APPROVED AS TO CONTENT: Te Eller ok Director of Public Works APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney Hay Contract at LLAS Page 4 of 4 04/30/2003 03:26 8067446209 LAND APPLICATION MB.TBh U5A LnG. 4/1t3/Qj 11: Z54 JjAu Z/z ML611:rAX PAGE 02 CFRTIFICAYE NUMBER C H LD0OW2733-16 PRODUCER THIS CERTIFICATE w!WUED AS AIIATftR OF WORµAIION ONLY MID CONFERS MARSH NORpNT}UPON THE CERTIFIWIE MOLDER OTHER THAM 140M PRCVIDEO K THi 500 WEST MONROE. POLKN, 7418 CER11FICATE DO[S NOT AMEND, WATENO OR ALTER 741 COVFRA" CHICAGO, IL MMI 3630 AFFORUEL BY 114E;OLIMSOESLRIBED HEREIN. COMPAN-193AFFORDINGCOVkIlIkAdl COMPAry 1962-CAS-02-03 A PACIFIC [MPLOYERS INS CO INSUREo r0XANV CNk GL,013AL N.V. ■ HANKERS STANDARD INSURANCE CO INCLUDING CASE CORPORATION AND NEW HOLLAND NORTH AMER!CA, INC. COMPANY 100 SOUTH RAUNDERS ROAD C LAKE FOREST, IL 60045 CUMG AN.. D TNIS 13 TO CFRT wY TEAT PQLIGE3 OF IN&RANCE GESCR BED H-REaN NAVE BEEN ISWw7 TO T I! INSIRI-C• NNrI=D WERE N Rd! Tf-E PCL!Cr PERIOD INOICA'IPD NOTUATH9TANOIN C AN" REM RE I&N T. TERM O3 CONDITION OF ANY CONTRACT OR OTHER DOCUME VT MATH RE9PSCT TO Nh+I(3- THE C,=aTIFICATE MA' BE SWE7 C•R MAY FERTHN. TPIE,NSURANCE A'QRPED BY 714E POLIgg3DEWR19BD HEAEN IS S,;6JECT TO A__ THE TCRMS CONDITIONS AND E1(CI.USONS CFSLCH PQLIGIE9 AOORaGATE l.I NVT9 �n�AA' VAV �o.1�;EF�! �F�U GW.�BY P/�P CI, Ali419 QO LTR TYPE OFHISURAMCE PDULwVuNBER POLICYEFFECTIVE DATE (MUIDDITY) POLICYEkF'IRATWO DATE (MIRIDPM) up Us A GENERA), -X LIABBJTY HDOG205WI347 1Olfl1/02 10/01/03 WNINAL AGGREOAT= $ 2,000,000 PROXVS-00AOroPAGG S INCLUDED COVN4ERCIAL GENERAL LIABILITY CLAIv$VAOE l iOcc.:R PERSONAL&A.DVI&AL" S 4,000,000 Q0^ERZ&M'TRACTOR'$PROT EAOHOCCURRENCE i 2,wow FIRsDAMAQE(.My rnwllr $ MErSEXAM vrs raL+A � A OlfiO§kF LlMiUri ISAHC7684319 f0/01102 10l01/03 COve!4EDSN6.ELM17 $ 2,000,000 X_ ANy AUTO BCD LY INJURY (Pa- OPrsml $ ALL WNED XjTCB ACHEDLLED ALTCB BODLY!NJJiW a HIRED AUT03 '^,OiMEV AUTOS PRQ�=RTYSMAAGE $ �^ G&RAGE LLAOILiTY A,'TOON v-EA_ACCIDENT OTHER THAN ALITO OVLV: ��$p P . A4' AJJTQ EACI- ACCD=NT $ JII AIAR1'GATE $ EACH OCCURRENCE- AGGREGATE S UIN4aEL;,AFl9lIti 6 C]T: FaTHANLMeRELLA=ORM A 5 GOMMSXTION AND— Elu:-OYERSLWIIITY RC4350412 (PH) V'd.RC4330dtg2 (GA IA, NE, PA) 10/01/02 1 C/01/02 10/01/03 10/01103 X E. EACH ACCIDENT E.DI99AW-'ACLICILIVIT $ 2,000,000 D 6 TFIEPROPRETORr X INCL PARTNiNW.)13CL'TIVE CFRWIIERSARE, EXCL SCFC4289022A(MA,SC) LRC42990W(ADS) 1C/C4/02 i0/01/G2 1(/01/03 10101/03 E_q¢SEA> 15iL!~MiPLOnE $ 2,000,000 RATpkalLQc ar ICLE9A9PECUILittist RE: RAYoeaa THE CITY OFLUBBOCK IS INCLUDED L PARM AS AN ADDITIONAL NSUREUY 5 TWITH REA RDS TO 13ENERAL LIABILITY AND AU-1 O LIABILITY, WAIVER OF SUBROGATION IN FAVOR OF WORKERS COMPENSATION, !MOULD ANY OF TFN i151.1tEa DEWR1EE0 MMIIN 3! CAMCk LM BEFORE iME !xvIRAT PN 7ATE Tw-Q7. TM HIMARR A'FORDW OOVFvAcs WLL EFLEA✓01 TO ►♦♦,I; _gyp 7AY%\YRTT=N W rLGF Tn T4 CITY OF Lj f3BOC K, LUB13OCK, TX AND "HE FARM PROGRESS SHOW OEknFw,#V ,1C. t)ER FLM -D lERE,N SkIt M LIRf TO "L SUCN NC"CE I AL, 31008E NO CeUo0 rGN A LUBBOCK TX WAR141TY0RA.NYKIND UPON THE SAAERAFFORDINO CWERAL'$ TSAOENTaOR A?PRERMATaq ORTNE 9SUFR p=TN SCFRT!F;rATF ANSH USA 81 . Tt clingty N. Pt:ORDUs