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HomeMy WebLinkAboutReso 1983-11469 r.:~t: ....;"- .::""",~"~,.,-~.. . ~'T -, .-,':;'-." ~ "f' /;..' ..' '~x' ~~.. ~ _\~ '-.' '., , - ~~' ._~-:.., ~:~:."~>.~~ . " " ',' i.' " RESOLUTION NO. 11469 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 snawon December 8, 1983, and holding Union Ice Company harrnless dated the 22nddayof November ,1983, 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. ...., t Presented by Approved as to form by ~~12~ City Attorney m~?J' Prf~ Mark J". Pfis ter, Director of Parks and Recreation ./......~~ '. / ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd 83 19 , by the following vote, to_it: Moore, Scott, Malcolm, Cox day of Novemuer AYES: Councilmen NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None McCandliss vn~ 9?l City Clerk J~,~ Ii ex Mayofjof lJe City of Chula Vista ) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11469 ,and that the same has not been amended or repealed. I DATED City Clerk (seal) CC-660 - H.:;.ase Return To: Jennie M. Fulasz, City Oerk P. O. Box 11)87 Chula Vista, California 920U THE UNION ICE CG..\IPA}.;-Y 1219 Abbott Street Salinas, California 93901 October 14, 1983 City of Chu1a Vista 276 4th. Avenue Chu1a Vista, CA 92010 " Gentlemen: This Latter Agreement will set forth our understanding regarding the creation of a snow scene located at Ci ty of Chu1a Vista City of Chu1a Vista ("Purchaser") shall designate a site upon which The Union Ice Company ("Union") shall create a crushed ice snow scene consisting of approximately 12 inches of snow cover; Union shall furnish all equipment and labor necessary to create the snow scene. The snow scene shall be created on December 8. ,1983 ,starting at approximately 2:00 n.m.' and shall be completed by approximately "5:00 n.m. For services performed by Union, Purchaser shall pay to Union an amount based upon labor cost of $ 20.00 per man-hour portal-to-portal. Over eight hours and Saturdays at t1me-and-a-half and Sundays/Holidays at double time. The charge for ice shall be $ 40.00 per ton with a m~m.mum of ten (10) Tons. An equipment charge of $ ~O.OO 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 blowing time of approximately 12 man hours of labor. The total cost for the entire project, fro~ beginni~g ~o endJ is estirr~ted to ba approxir.~tely $ 1.663.76 " " 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 to any property, other than to authorized representatives or prop- erty of Union while performing under the terms of this agreement, that in 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 the water run-off therefrom. Purchaser, at its own expense, shall be responsible for cleaning up and restoring the site to its original condition. .k! -/ /-,./67 ) , ........ . '. ...~ << . The CitY,of Chula Vista additionally agrees to hold harmless, d~fend and in?emnifY Union Ice Company against any and all clalffis or I b l't .. . ia i 1 Y arlslng (q~t0~-~~~~ffop~rf.~9.~ag~"to City Property caused by the activity of (:.snl~l(gIce ~ompanyl s drlvlng ,trucks into the plaza area of City Hall in order to !dlsperse snow throughout the plaza';,' Notwithstanding anything to the contrary contained herein, Purchaser is ndt 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, Purchaser 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 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 oz thi~ Ag=eement a Comprehensive General Liability Insurance Policy with limits of not less 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 onG occurrence, and a Property Damage Insurance Policy with limits of not less than ONE HUNDRED THOUSAh~ 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 insured under the aforementioned policy or policies and each renewal or replacement thereof, but only as respects this specific Agreement, and Purchaser will provide THE UNION ICE COcWANY with certificates of insur- ance indicating compliance with the foregoing provisions. Said certifi- ciltes to provide THE UNION ICE COMPANY with ten (10) days' prior written 'rvtic~ of cancellation or reduction of such insurance. "!1ould the foregoing represent your understanding of our agreement, please so indicata by signing in the space provided on the copy of this letter enclosed, and return it to the undersigned. Very truly yourti, Tl~ Ul'<'1:0i'i jet COMPA!,", tjJU~ ~\, BY: Mayor of the City of Chula Vista DATE: November 22. 1983 /f- //Vt6j?