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Home My WebLink AboutResolution - 2004-R0203 - Agreement With Case New Holland Global NV - 04_22_2004Resolution No. 2004-RO203 April 22, 2004 Item No. 24 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 ATTEST: C�J." 4 -Z--ex S��= - Re cca Garza, City Secretar APPROVED AS TO CONTENT: Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: la Richard K. Casner First Assistant City Attorney ke/ccd ocs/LLA S/HayContracL.2Res March 30, 2004 22nd da3 Resolution No. 2004-RO203 April 22. 2004 Item No. 24 AGREEMENT This Agreement, dated the 22nd day of April, 2004, 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 and other grazing type plants (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 April 26, 2004 to 5:00 p.m. on May 18, 2004. 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, on 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 3, 2004. 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. 4. CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S Hay Contnet at LLAS Page I of 4 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 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, Hay Contract at LLAS Page 2 of 4 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. 5. 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". 6. This Agreement shall expire and terminate at 5:00 p.m. on May 18, 2004. Contractor shall vacate the LLAS, including the removal of any equipment or machinery of Contractor, on or before the termination of this Agreement. 7. 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 22nd day of April, 2004. CONTRACTOR 3B. CAS NEW HO AND GLOBAL N.V. �Z Name: Steven Smith Title: CNH Haytools Marketing Hay Contract at LLAS Page 3 of 4 ,c c pry - 4:�OZC3 ATTEST: R44�� Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens Acting Director of Public Works APPROVED AS TO FORM: leL.-,e L—, Richard K. Casner First Assistant City Attorney ke/Richard/LLAS. HayContract2 March 8, 2004 March 23, 2004 March 24, 2004 Hay Contract at LLAS Page 4 of 4 Resolution No. 2004-RO203 MARS � �� WIN CERTIFtCATE NUMBER � D "' a ,`' .� CHI 000982733-18 ,PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 500 WEST MONROE STREET POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE CHICAGO, IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Lynda Shingles 312-627-6994 COMPANIES AFFORDING COVERAGE COMPANY 01962-CAS-03-04 A ACE AMERICAN INSURANCE COMPANY INSURED COMPANY CNH GLOBAL N.V. B ACE INA INSURANCE 100 SOUTH SAUNDERS ROAD COMPANY ATTENTION: ALBERTO LOPEZ LAKE FOREST, IL 60045 C COMPANY D Mwn THIS IS TO CERTIFY THAT POLICIESOFINSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM)DD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY HDO G21731808 10/01/03 10/01/04 GENERAL AGGREGATE $ 2,000,000 X _ PRODUCTS - COMPIOP AGG $ 2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OW NER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP Any one person $ A AUTOMOBILE LIABILITY ISA H07944809 10/01/03 10/01/04 COMBINED SINGLE LIMB $ 2,000,000 X B ANY AUTO CAC 387107 (CANADA) 10/01/03 10/01/04 BODILYINJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS _ _ BODILYINJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WLRC43535717(NH) WLRC43535675(GA,IA,NE,PA) 10/01/03 10/01103 10/01/04 10/01/04 X ORY LIMITS ERI' 1 vim) f $ 2,000,000 EL EACH ACCIDENT EL DISEASE -POLICY LIMIT $ 2,000,000 A A THE PROPRIETOR/ X INCL PARTNERS/EXECUTNE OFFICERSARE: EXCL SCF C43535481(MA,SC) AOS WLRC43535638 ( ) 10/01/03 10/01/03 10/01/04 10/01/04 EL DISEASE -EACH EMPLOYEE $ 2,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS RE: HAY SCHOOL FARM PROGRESS SHOW, WILL BE HELD MAY 5,THROUGH MAY 17th 2004 THE CITY OF LUBBOCK IS INCLUDED AS AN ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY AND AUTO LIABILITY. WAIVER OF SUBROGATION APP}�L�iIES IN FAVOR OF THE CERTIFICATE HOLDER FOR WORKERS COMPENSATION. isbr, SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL —__W DAYS WRITTEN NOTICE TO THE CITY OF LUBBOCK, LUBBOCK, TX AND THE FARM PROGRESS SHOW CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR RR 1, BOX 685 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, nS AGENTS OR REPRESENTATNES, OR THE LUBBOCK, TX 79401 ISSUER OF THIS CERTIFICATE. MARSH USA INC. �sr. BY: Christy N. Miller �p VALID AS OF n03/25/04 ��