HomeMy WebLinkAboutReso 1987-13355 RESOLUTION NO. 13355
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND UNION ICE COMPANY TO PROVIDE "SNOW" AND HOLDING
UNION ICE COMPANY HARMLESS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the city of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and UNION ICE COMPANY
to provide "snow" and holding Union Ice Company harmless
dated the 24th day of November , 1987, a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~-~ -~ ~-~/ ;~'-- / Ty6mas J. ~a~ron, City
Manuel Mollinedo, Director of ik ~Kttorney {~/
Parks and Recreation
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of November
19 87 , by the following vote, to--wit:
AYES: C0uncilmembers McCandliss, Cox, Moore, Nader, Malcolm
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: ¢ounci 3 members None
1~3y(~/of the City of Chula Visfa
ATTEST ,~';-'-aiFy Clerl~~:'
SLATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13355 ,and that the same has not been amended or repealed
DATED
~ City Clerk
CI'IY OF
CFIUtA ¥151A
CC-660
IThe '~ion~ Ice Company
Division
November 6, 1987
City of Chula Vista
276 4th Avenue
Chula Vista, CA 92010
Gentlemen:
This Letter Agreement wJ~l set forth our understanding regarding the creation of
a snow scene located at Memorial ~owl - Parkway, Chula Vista
The City of Chula Vista ("Purchaser") shall designate a site ut~Dn
which the Union Ice Company ("Union") shall create a crushed ice snow scene con-
~isting of approximately 12 inches of sncw cover. Union shall furnish all
equil]nent and labor necessary to create the snow scene.
The snow scene shall be created on December ] 0 1987 , starting at ap-
proximately 2:00 p.m. , and shall be completed by approx/mately 4:00
For services performed by Union, Purchaser shall pay to Union an amount based
ut~n labor cost of $ 35.00 per man-hoar portal-to-portal. Over eight
hours at time-and-a-half and Sundays/Holidays at double time.
The charge for ice shall be $ 45.00 per ton with a max_in, mn of sJ~xteen (16)
tons. Over sixteen (16) tons total delivery, add $ -0- per ton and
$ for additional labor. An equ~ ipr~nt charge of $ 75.00 will
be made for the snow blower. It is contemplated that the creation of the snow
scene will consist of approximately 32.40 tons of ice, with a blcwing time
of approxiwately 12 : man hours of labor. The total cost ~for the entire
project, from beginning to end, is estimated to be approximately $ 2,040.48
As a material part of the consideration to be rendered to %ha Union for services
performed in blowing crushed ice at the above-desigr~t~d site, Purchaser agrees
to hold hazmless, defend and indemnify the Union Ice Company against any and all
claims or liability, including but not limited to, claims or liability for death
or injury to any person, or persons, or da~sge to any property, other than to
authorized representatives or property of Union while perfomning under the tenms
of this agre~nent, %hah in any way arises or is alleged to arise in connection
~ith the depPsit of crushed ice at said site, including but not limited to the use
........ -''I 3 1987
Th~ ~nion Ice Company ~
· mvi=io, Snow Scene Letter A~re~_nt
Page 2
handling or n~_lting of said crusP~=d ice or from the water run-off therefr~lm.
Purchaser, at i%s own expense, shall be responsible for cleanina up and re-
storing the site to its original condition. ~
Notwithstanding anything to the contrary conta~ herein, Purchaser is not waiv-
in9 any rights it may have in connection with any injury to persons or damage
to prouerty resulting from negligent or willful acts or omissions of Union or
its officers, ~loyees or agents.
Further, Purchaser agrees %0 take eve~l; reasonable precaution to sl~ rvise any
children or other persons who may come onto snow scene site, so as to prevent
injury to any person or damage to any prouerty frQm f_hrowing of snowballs or
slipping and falling on such crushed ice or the w~her running off from. such
crushed ice.
Purchaser agrees to maintain in effect during the life of this Agreement, a
Con~rehensive C~=_neral Liability Insurance Policy with the limits of not less than
F/VE RLRqDRED THOUSAND DOLLARS :~$500,000.00) for death or injury to any one person
and ONE MTLI,ION DOLLARS ($1,000,000.00) in any one occurrence, and a Property
Damage Insurance Policy with limits of not less than ONE HUNDRED THOUSAND DOLLARS
!$100,000.00) covering its ouerations at ~,e location subject of this Agreement.
Purchaser further agrees to cause THE UNION ICE COMPANY to be named as an addi-
tiona~ insured under the aforementioned policy or policies and each renewal or
replacement thereof, but only as respects to this specific Agre~ant, and
Purchaser wJ_ll provide THE. UNION ICE COMPANY with certificates of insurance
indicatJ_ng compliance with the foregoing previsions. Said certificates to
provide THE UNION ICE COMPANY W±TH ten (10) days' prior written notice of
cancellation or reduction of such insurap~ce.
Should the foregoing represent your understanding of oer Agreeraent, please so
indicate by signing in the space provided and return it to the undersigned.
Very Truly Yours,
THE UNION ICE COMPANY ~
- ( chaser)
~y: M~ySr, City of Chula Vista
Date: Detember 3, i987