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HomeMy WebLinkAboutReso 1984-11831 RESOLUTION NO. 11831 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 19th day of OCTOBER , 1984, 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by fVJ~~ Mark J. P 'ste , Director of Parks and Recreation ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th 19 84, by the fOllowing vote, to-wit: McCandliss, Scott, Moore, Cox, Malcolm day of November - AYES: Councilmen NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None None ,t,. R. (¡ MaY~he City of Chura Vista ~TTEST ~~../;., ?»c::::if~ (/ City Clerk >TATE OF CALIFORNIA ) :OUNTY OF SAN DIEGO ) s s. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, )0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11831 ,and that the same has not been amended or repealed. IATED (sea ) City Clerk :C-f)6º 1'111:: C:\lO.\' 1C1:: CO.'IEì..\'Y 6055 E. Washington, #330 Los An~eles, CA 90040 Occober 19, 1'384 .:, City of Chula Vista 276 4th. Avenue Chula Vista, CA 92010 Gt:ntlem~n: This Letter Agre¿me.nt will set forth our un¿~rstanding regarding: tha creation of a snow scene located at Memorial Bowl - Parkway, Uhu~a V~sta ("Purchaser") shall designate a site upon which The Union Ice Corr.pany ("Union") shall create a crushed ice snow scene consisting of approximately 12 inches of snow cover. Union shall furnish all equipment and labor necessary tv create the snow scen~.. The snow scene shall be created on approxiIna·te ly and December 13, 1984 , starting at sha 11 be comp le ted by approxima te ly For services performed by Union, Purchaser shall pay to Union an amount based upon labor cost of $ 25.00 per man-hvur pvrtal-tv-portal. Over eight hours and Saturdays at t1lne-and-a-half and Sundays/HolidaYIi at "ouble time. The charge for ice shall be $ --43 nn per ton with a mlnlmum of ten (10) Tons. An equipment charge of $ 7'i.nn will be nude for the snow blowèr. It is cont~[nplatéd that the creation of the snow scene will consist of approximat~ly 32.40 tons of ice, with <J. blowing '_ime of approximately 12 man hours of labor. The total cost for the entire project, from beginning to end, is estimated to be approximately $ 1.851. 78 As a material part of the consideration to be rendered to Union for $èrV- ices performed in blowing crushed ice at the above-designat:ed site) Purchaser agrees to hold harmless, defend ..nJ inJenuÜfy The Union Ice Company against any and all claims vr liability, including but not l~dted to, claims or liability for death or injury to any person, or persons, or damage to any property, odler than to authorizeJ representatives or prop- erty of Union while perfvr:ning under th'e terTilS of this agre¿ment, that in any way arise~ or i~ all~geJ to arise in conn~ction witll th0 Jepusit of crushed ice at said site, including but !lot lilnit",J to eh", US"" handling 'r melting of said crushed ice or from the water run-off therefrom. .:'urchaser, at its own e.xpense, shall be responsible for cleaning up and restoring the site to its original condition. Æ-II5'3 f ........ Snow Sceno Lett~r Abrt;,:t..:.m~aL: Page 2 'Nbt'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, emp:oye~s or agents. FurtrH~r, Purchaser agrees to take: e.vèry re.asonabl¿ precaution to ~up¿-.c- vise any childre.n or other persons who may come onto snow scent: site, so as to prevent injury to any person or damage to any property from throwing of snowballs or slipping and falling on such arushed ice or the water running off from such crushed ice. Purchaser agrees to maintain in effect during the life of ùlis Agreement a Comprehensive General Liability Insurance Policy with limits of not les~ than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for death or in- jury to anyone person and ONE MILLION DOLLARS ($1,000,000.00) in any one occurrence, and a Property Damage Insurance Policy with limits of not less than ONE HUNDRED TI!OUSAND DOLLARS ($100,000.00) covering its opera- tions at the location subject of this a&reement. Purchaser further agrees to cause THE UNION ICE COMPANY to be named as an additional ins~red under the aforementioned policy or policies and each renewal or replacement thereof, but only as respects this specific Agreement, and Purchaser will prõvide THE UNION ICE COMPANY with certificates of insur- ance indicating compliance with the foregoing provisions. Said certifi- cates to provide THE UNION ICE CCMPANY with ten (10) days' prior written notic~' of cance llation or reduction of such insuran.ce. Should thø foregoing røpresent your understanding of our agreement, please so indicate by signing in the space provided on ùle copy of this letter ønclossd, and return it to the undersigned. Very truly yours, TIlL:: mnON ICE Cß / /¿µ¿: /df~-----~ DGED AND æ.. TÒ: BY: Mayor of the City of Chula Vista November 13, 1984 DATE: l{,'J\ :'\ '~,\ - L