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Home My WebLink AboutReso 1980-10345 1& (}^'cJ RESOLUTION NO. 10345 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE HOLD HARMLESS AGREE~ffiNT BETWEEN THE CITY OF CHULA VISTA AND UNION ICE COMPANY, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has previously expressed its desire to include a snow scene as part of its Christmas tree light- ing ceremony, and WHEREAS, the City staff has arranged with Union Ice Company to provide the snow for this occasion, and WHEREAS, the Union Ice Company requires a Hold Harmless Agreement as part of any contract where it delivers snow. NOW, THEREFORE, BE IT RESOLVED that the .City ,Cm1l1cil."of.. the City of Chula Vista does hereby agree to resolve to enter into a Hold Harmless and Indemnity Agreement with the Union Ice Company. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Hold Harmless Agreement on behalf of the City of Chula Vista. Presented by and Approved as to form by City ~ ~-"""- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHl.l.A VISTA, CALIFORNIA, this 9th. day of December 19'11 0 ,by the following vote, to-wit: AYES: NAYES: ABSTAIN: ABSENT: Councilmen Hvop. r.OY Ml.r.~ndliss Sc.ott ~il1ow Councilmen None Qulcilmen Councilmen None None fA)~ ~(~ Mayor of the City of ChuIa Vista ATTE~< ;;o/~j'''';I<< t/ City Clerk . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CPt1C, 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and foregoing is a full, true and correct copy of RESOLUTION NO. 10345 ,and that the IIOme has not been amended or repealed. DATED (seal) City Clerk CC-660 /6'541)' ~'/ i\(;j'U.H h 'fo~ Jennie 1\1. Fulasz, City Clerk P. 0. Box J087 Chub V ista, California 92012 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE UNION ICE COMPANY IN FAVOR OF UNION ICE COMPANY THIS AGREEMENT, made and entered into this 9th day of December , 1980, by and between THE CITY OF CHULA VISTA, a municipal corporation, and Union Ice Company; WIT N E SSE T H : In consideration of the Union Ice Company's agreement to provide ice/snow for the City of Chula Vista's snow scene on December 11, 1980, the Ci ty of Chula Vista does hereby agree to hold harmless and to indemnify Union Ice Company for any and all damages arising out of this agreement. THE CITY OF CHULA VISTA UNION ICE COMPANY r I )~}__() ~tA of the City of C ula Vista ~ Clerk '~J.ce PX'(IG" ,,,"__It, General H::~E2.g0J" Mayor Approved as to form by ~~ ~ity ;ttorney -' R-10345 ./ , L --z,Q t; FiC:Jse Rsturn To: " r.t.. \~(: '. J enmc M. Fuhsz, CitT P. O. BdX 10,,7 Clnua Vistl, Califon:'1:l. Cb'~< 92012 .' THE UNION ICE COMPA.J.."\fY" , . 354 PIN.E:. STR.e:e:T SAN FRANCISCO,CA~IFORNIA 94104 , December' 3, 1980 ,.' City of Chula Vista: 276 4th Av', Chula Vista, Ca. 92010 Gentlemen: T~is Letter Agreement will set forth our understanding regarding the creation of a snow scene located at City of Chula Vista , City of Chula 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 approximately 4:30 PM shall be created on December 11. 1980 ,starting at 3:!o PM and shall be completed by approximately For services performed by Union, Purchaser shall pay to Union an amoune based upon labor cost of, $ 17.50 per man-hour portal-to-poreal. Over eight houra and Saturdays at t1me-and-a-half and Sundays/Holidays at double time. The charge for ice shall be $ 27.50 (10) Tons. An equipment charge of $ snow blower. It is contemplated that will consist or approximately 32.40 of approximately 12 man hours entire project', from beginning to end, $ 1,204.46 " per ton with a mLnLmum of ten 50.00 will be made for the the creation of the snow scene tons of ice, with a blowing time of labor. The total cost for the is estimated to be approximately 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 lee 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 ehe terms or 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 condie~on. A. !t) :7 t,L.s~ .. .. . .. . . (_:J. ." .,. I !.J'".. , , " Snow Scene Letter Agreement Page 2 ,:' : I ~ Notwithstanding 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, 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 of this Agreement 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 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 provide THE UNION ICE COMPANY 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 1n the space provided on the copy of chis letter enclosed, and return'it to the undersigned. . Very truly yours, THE UNION ICE COMPAh'Y City of Chula Vista (Purchaser) W~-r: I j) (vt/~ ~P/~.~' .-/' /f}<y( < 1 f ACKNOWl.EDGED AND AGREED TO: BY: &J# DA,n I December 9th, 1980 .. jo,lft;