HomeMy WebLinkAboutReso 1988-13894 RESOLUTION NO. 13894
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 13th day of December , 1988, 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 A. Mollinedo, Director Thomas J. Harron * At~torney
of Parks and Recreation
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C. ._A VISTA, CALIFORNIA, this 13th dO)' Of December .
19 88 , by the following vote, to-wit:
AYES: Councilmembers Moore, McCandliss, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers Con, Malcolm
City of Chula Vista
ATTEST
S E 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 thot the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13894
,and that the same has not been amended or repealed
DAT
City Clerk
CC-660
The Union Ice Company
Gentlemen:
This letter agreement will set forth our understanding regarding the
Memorail Bowl 370 Park Way, Chula Vista
Chu~a Vista.
City of Chula Vista
Mayor GreggE~ Cox, Sec't P. WC~p ("Purchaser") ohall 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 furnioh all equipment and labor necessary to create the snow
The snow scene shall be created on Dec. 15th , starting approxi~ately
1:30 PM
For services performed by Union, Purchaser shall pay to Union an amount
based upon labor cost of $ 25.7B per man-hour portal-to-portal. Over
eight hours and Saturdays at time-and-a-half and Sundays/Holidays'at double
time.
The charge for ice ohall be $ 60.00 per ton with a minimum of ten tons.
An equipment charge of $ 150.00 will be made for the snow blower. It
i..0 is contemplated that the creation of the snow scene will consist of
approximately 2~ tons of ice, with a blowing time of approximately
18 man hours of labor. The total cost for the entire project,
from the beginning to end, is estimated to be approximately
As a material part of the consideration to be rendered to Union for
services 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, i~cluding b~t'n~tilimited
to, claims or liability for the death or injury t~. ~ny person, or persons,
or danage to any property, other than to authorize~ r~presentatives or
Property of Union while performing under the terms of this agreement,
that in any way arises or is alleged to arise in connection with the
deposite of crushed ice at said site, including but not limited to the
use, handling or zelting of said crushed iced or from the water run off
therefrom. Purchaser, at its own expense, shall be responsible for the
cleaning up and restoring the site to its original. condition.
Notwithstanding anything to the contrary contained heroin, Purchaser is
5or '.'~i~i~ ar~ ri~hts it may have i~ co~ecti~ ~t.~ aay iniury to
persons or aamage to property resulting from negligent or willful acts
or ommissions of Union or its officers, employees or agents.
Snow Scene Letter Agreement
Page 2
Further, Purchaser agrees to take every reasonable precaution to supervise
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 crushed ice or the water running
off from such crushed ice.
Purchaser agrees to maintain in effect during the life of the Agreement a
Comprehensive General Liability Insurance Policy with limits of not less
than FIVE HUNDRED THOUSASND DOLLARS ($500,000.00) for death or injury to
any one person and ONE MILLION DOLLARS ($1,000,000.O0) in any one occuronce
and a PROPERTY DAMAGE INSURANCE POLICY with limits not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) covering its operations at the
location subject of this agreement. Purchaser further agrees to cause
THE UNION ICE COMPANY to be named as an additional insured under ~he
aforementioned policy or policies and each renewal or replacement
thereof, but only as respects this specific Agreement, and Purchaser will
provide THE UWION ICE COMPANY with certificates of insurance indicating
compliance with the foregoing provisions. Said certificates to provide
THE UNION ICE COMPANY with ten (10) days prior written notice 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 return it to the undersigned.
ACKNOWLEDGED AND AGREED TO:
'i'P e eer)