HomeMy WebLinkAboutReso 1986-12840 RESOLUTION NO. 12840
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 17th day of November , 1986, 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
Manuel Moilinedo, Director T~[~as J./~rron, City
of Parks and Recreation Attorney
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th doy of. December
19 86 , by the following vote, fo-wit:
AYES: Councilmembers Moore, Nader, Cox
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers McCandliss, Malcolm
~y~r- c~ the City at-'C-hula Vista
Mo'
ST~~l~~~~~ '
ATTE:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12840
,and that the same has not been amended or repealed
DATED_,
City Clerk
CI'IY OF
CHULA VISTA
CC-660
TItE U~iOX ICE
6055 E. Waskington, #330
Los Angeles, CA 90040
November 17, 1986
City of Chula Vista
276 4th Avenue
Chuia Vista, CA 92010
Gentlemen:
This Letter Agreement will set forth our understanding regarding the
creation of a snow scene located at
Me~orial Bowl - Parkway, Chula vista
The City of Chula Vista ("Purchaser") shall designate
a site upon which The Union Ice Comp=ny ("Union") shall create a crushed
ice snow scene consisting of approximately 12 inches of snow
cover. Union shall furnish all equipmen~ and labor necessary to create
the snow scene. /
The snow scene shall be created on December 11, 1986 ., starting at -
approximately 2:00 D.~.and shall be completed by approximately
4:00 p.m.
For services performed by Union, Purchaser shall pay to Union ~n amoun~
based ~pon labor cost of $ 35.00 per man-hour portal-to-portal.
Over eight hours and Saturdays a~ ~%me-and-a-half and Sundays/Holiday~ a~
double time.
The charge for ice shall be $ 45.00 per ton with a minimum of ten
(10) Tons. An equipment charge of $ 75.00 will be made for the
snow blower. It is contemplated that ~he creation of the snow scene
will consist of approximately 32.40 tons of ice, with a blowing time
of approximately 12 man hours of labor. The total cost for the
emcire project, from beginning to end, is estimated to be approximately
$ 2,040.48
As a material part of the consideration to be rendered to Union for serv-
ices performed in blowing crushed ice at the above-designated site,
Purchaser agrees to hold harmless, 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
damage Co any property, other than to authorized representatives or prop-
erty of Union while performing under ch~ terms of this agreement, that ig
any way arises or is alleged to arise in connection with the deposit of
crushed ice at said site, including but not limited to the use, handling
or melting of said crushed ice or from tile wacer run-off therefrom.
Purchaser, at its own eXpense, shall be responsible for cleaning up and
restoring ~he site to its original condition.
Snow Scene Le~ter Agreement
Page 2
Not-withstanding anything to the contrary contained herein, Purchaser
is not waiving any rights it may have in connection with any injury to
persons or damage to property resulting from negligent or willful acts
or omissions of Union or its officers, employees or agents.
Further, Purch~s~r'agrees to take every reasonable precaution to super-
vise any children or other persons who may come onto snow scene site,
so as to prevent injury to any person or damage to any proper~y from
throwing of snowballs or slipping and falling on such crushed ice or the
water running off from such crushed ice.
Purchaser agrees to maintain in effect during the life of this Agreemen:
a Comprehensive General Liabili:y Insurance Policy with limits of not
less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for death or in-
jury to any one person and ONE MILLION DOLLARS ($~000,000.00) in any
one occurrence, and a Property Damage Insurance Policy with limits of not
less than ONE HUNDRED THOUSAND IX)LIARS ($100,000.00) covering its opera-
tions at the location subject of this a~reement. Purchaser further
agrees to cause THE UNION IC~ COMPANy to be named as an additional
insured, under the aforementioned policy or policies and each renewal or
replacement thereof, but only as respects this specific Agreement, and
Purchaser will provide THeE UN~ON ICE COM]?ANY with certificates of insur-
ance indicating compliance wi gh the foregoing provisions. Said cer:ifi-
. cares :o provide T~E UNION ICE COb~ANYwith ten (10) days' prior wri:ten
notice, of cancellation or reduction of such insurance.
Should =he foregoing repressnt your understanding of our agreement,
please ao indicate by signing in :he space provided on ~he copy of :his
la:tar enclosed, a~d re:urn i~ to the undersigned.
Very truly yours,
Tk~ UNION ICE
< Put c<~as~r )
BY: _
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