HomeMy WebLinkAboutReso 1981-10718
RESOLUTION NO. 10718
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA
VISTA AND UNION ICE COMPANY FOR PROVISION OF SNOW
FOR THE CHRISTMAS TREE LIGHTING PROGRAM
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Ci ty Council of the Ci ty of Chula Vista does here~
resolve as follows:
NCM, THEREFORE, BE IT RESOLVED by the Ci ty Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and UNION ICE COMPANY,
for provision of snow for the Christmas Tree Lighting Program
on December 18, 1981
dated the 20th day of October , 19~, a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is here~ approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is here~ authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by
Approved as to form by
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George D. Lindberg, City Attorney
CHULA
198 1
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this
, by the following vote,
by the CITY COUNCIL of
15th day of December
to-wi t:
the CITY OF
AYES: Councilmen
Cox, Gillow, Campbell, Scott
NAYES: Councilmen
Nnnf'
ABSENT: Councilmen
McCandliss
____u . "'.L. ~ '" Mayor
AT~@C\~JL;!~
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of
the City of Chula Vista, California, DO HEREBY CERTIFY that the
above is a full, true and correct copy of Resolution No.
and that the same has not been amended or repealed. DATEDI----
City Clerk
Form No. 342
Rev. 7/81
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AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND
THE U!>."lON ICE COMP.A!>.-ry
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October 20" 1981
City of Chula Vista
276 4th. Ave.,
Chula Vista, Ca. 92010
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Gentlemen:
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This Letter Agreement will set forth
creation of a snow scene located at
our unGerstanding regarding
City of Chula Vjsta
the
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Ci ty of Chula Vista ("Purchaser") sh,,:l designate.
a site upon which The Union Ice Company ("Union") shall create a crushed
ice snow scene consisting of approximately 36 inches of snow
cover. Union shall furnish all equipment and l~bor necessary to create
the snow scene.
The snow scene shall be created
approximately 3 :00 PM
4:30 PM
on December 18. 1981, starting at
and shall be completed by approximately
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 SaturGays at time-and-a-half ~~d Sundays/Holidays at
double time.
The charge for ice shall be $ 35.00 per ton with a m~nunum of ten
(10) Tons. An equipment charge of $ 5R;:00 will be made for the
snow blower. It is c,ntemplated that t e creation of the snow scene
wil.. consist of approximate:.y 32.40 tons of ice, with a blowing time
of ,approximately 1? TIcan hours of 12.bor. The total cost for the
entire project, from beginning to end, is estimated to be approximately
$ 1.492.04
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As a matccial part of the consideration to be rendered to Union for serv-
ices performe,l in blowing crushed ice at the above-designated site,
Purchaser agr'es to hold harmless, defend and indemnify The Union Ice
Company against any and all claims or liability, including but not limited
to, claims or lia'Jility for .death or injury to any person, or pe::-sons, or
damage to any property, OG~er than to authorized representatives or prop-
erty of Union while per=or~ming un~er 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, ~t its own expense, shall be responsi~le for cleaning up and
restoring the site :0 its original condi~~~n.
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Snow Scene Letter Agreement
Page 2
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Notwithstanding ahything to the contrary contained herein, Purchaser
is not waiving any rights it may have ih connection with any injury to'
persons or 4amage to property resalting from negligent or willful
or c~~ssions of Union or its officers, employees or agents.
Further, Purchaser agrees to take every reasonable precaution to super- . .
vise any chiL'.ren 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 f~lling on such arushed ice or the
water running off from such crushed ice.
Purchaser -agrees to maintain in effect during the life of this Agreement
. a Comprehensive General Liability Insurance POlic:r with limits of not
less than FIVE HUNDRED THOUSAl'.'D 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 THOUSAND 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 COMPANY with certificates of insur-
ance indicating compliance with the foregoing provisions. Said certifi- .
cates to pxovide THE UNION ICE COMPAl'.'Y with ten (10) days' prior written
notic~ of cancellation or reduction of such insurance.
Should the foregoing represent your understanding of our agreement,
please so indicate by signing in the space provided on the copy of this
letter enclosed, and ret~rn it to 0.e undersigned.
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Very truly yours,
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THE UNION ICE COMPA.'fY
ACKNOWLEDGED A.~ AGREED TO:
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City of Chula Vista
(Pur' lier)
7, 1981
BY:
DATE:
If-I 0 71Y
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