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HomeMy WebLinkAboutC-1686 - Temporary loan, beach refuse collection truck to General Services1 m CITY OF NEWPORT BEACH u s CALIFORNIA City Hall �.1FORN 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE February 7, 1976 TO: FINANCE DIRECMR FROM: City Clerk SUBJECT: Contract No. 1686 Description of Contract Apvetmt with the City of Lang Beach to temporerily loan one Long Newport Beach General Services Department. Authorized by Resolution No. 8430 , adopted on January 27. 1975 Effective date of Contract January 31, 1975 Contract with City of Long Beach Address Lang Beach, CA 90802 Amount of Contract ity e c 9 CITY OF LONG BEACH JOHN R. MANSELL City Manager 0 6aag Beach. California 90802 February 3, 1975 Ms. Laura Lagios, City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92660 Dear Ms. Lagios: we are pleased to transmit herewith a fully executed copy of the agreement between Newport Beach and Long Beach for the loan of a four -whe6l drive beach trash collection truck to the City of Newport Beach. We are pleased to have been of assistance to you. Very truly yours, JOHN R. MANSELL,,pCITY MANAGER BY !*xG ROBERT C. CREIGHTON Assistant City Manager JRM:RCC :Is Enclosure rc .. j 791756. H N' j1 1 2 3 4 5 6 7 8 9 x . 10 W O Q m W o 11 Z = J ¢ P FO`0 12 z� zWUUO 13 z�°x a J�naW W 14 u Z 15 16 17 18 19 20 21 22 23 24 25 26 • A G R E E M E N T The following Agreement is made and entered into th aLlkday of , 1975, pursuant to Resolution No. of the City Council of the City of Long Beach, duly adopted at its meeting regularly held on the _2/.a, day of 1975, and pursuant to Resolution No. 8430 of the City Council of the City of Newport Bea duly adopted at its meeting regularly held on the 27th day of January , 1975, by and BETWEEN CITY OF LONG BEACH, a municipal corporation, LOANOR, AND CITY OF NEWPORT BEACH, a municipal corporation, LOANEE. WHEREAS, Loanor is the owner of certain four -wheel drive trash collection trucks specially designed and equipped for the mechanical handling and emptying of a certain type of beach trash container, and WHEREAS, by reason of Loanor's success in utilizing this new approach to beach trash container handling Loanee acquired similar containers for its beach trash, and acquired a specially equipped four -wheel drive trash collection truck to handle them, and WHEREAS, mechanical difficulties have temporarily 1 2 3 4 5 6 7 8 9 0 10 a m W O 0. °' 11 a a az�M - aLLXR 12 o > F a 2 <W Uo 13 WooQW - mJW 14 > a . Z u o 15 16 17 18 19 20 21 22 23 24 25 26 • 0 disabled the Loanee's trash collection truck, and WHEREAS, as Loanor's beach trash collection is much less in the winter months, Loanor can lend Loanee one of Loanor's special beach trash collection trucks without sacri- fice to the level of service needed to service the beaches in Long Beach, and WHEREAS, borrowing said truck during this temporary period will enable Loanee efficiently to protect the public health, safety and welfare within Newport Beach by assuring continued regular beach trash collection. NOW, THEREFORE, Loanor' does hereby agree to loan, and Loanee to borrow, a four -wheel drive beach trash collection truck pursuant to the following terms and conditions: 1. The Director of Public Service of the City of Long Beach (hereafter called "Director ") shall specify the specific truck that will be loaned on any given date or dates. 2. Arrangements for the pick -up and return of a loaned truck shall be made by appropriate Newport Beach City Officials (hereafter called Newport Officials) and approved by Director, Loanee to have the obligation to pick up, transport and return any borrowed truck. 3. Director may at any time require. the return to Loanor of a borrowed truck, 4. Loanee hereby agrees to return any borrowed truck in substantially the same condition as when it was borrowed, and to repair any damage or injury to said truck that 2 s 1 2 3 4 5 6 7 8 9 0 10 m W � s� as 11 Z:;Z� =� = °m 12 as v O>�z C W W ° 13 W 0 0 W �< mW 14 W 15 16 17 18 19 20 21 22 23 24 25 26 0 • occurs by reason of an-d during its operation and possession by Loanee, and to use due care to physically protect and safe- guard any borrowed truck in its possession. 5. Director may specify such periodic service an( maintenance that a loaned truck will require while in the possession of Loanee. Major periodic maintenance acts, attributable to long term usage (such as, for instance, the periodic replacement of brake linings) shall not be the obli- gation of Loanee unless Loanee specifically consents thereto. 6. Loanee hereby agrees to hold Loanor harmless from any and all claims, demands or suits for damage to any person or property which may arise, or purport to arise, out o: Loanee's use, transportation, operation, maintenance, repair u possession of any truck borrowed pursuant to this agreement, including but not limited to any claim relating to warranty by Loanor of the condition of any loaned truck and any claim re- lated to Loanor's maintenance and repair of any loaned truck, insofar as any such claims relating to warranty or maintenance relate to injuries or damages that occur or arise during the period of Loanee's possession of a borrowed truck. 7. A loan made hereunder is merely a matter of temporary accommodation and convenience, and shall not consti- tute a transfer of ownership or interest in a truck so loaned. IN WITNESS WHEREOF, the parties have caused this con -N tract to be duly executed with all the formalities required byl law on the respective dates set forth opposite each signature. 11 3 1975 75 CITY OF LONG BEACH, a munic.pal corporation LOANOR CITY 0. an—uRk BEACH, oration and OWN-000...- �.}� The foregoing agreement is hereby approved as to this 3 day of 1975. LEONARD PUTNAM, City Attorney City�Long Beach By I Deputy The foregoing agreement is hereby approved as to this 27th day of January 1975. DENNIS O`NEIL, City Attorney City of wport Beach By tqPA � KKW:DW 1/20/75 8 4: 1 2 3 5 6 7 8 9 _ 0 10 u a 0 0 a 2 J Z p J ° ="a 12 � Co ° > m ° > U a Z u° <ZO== 13 0 0U �< o 14 > u z g 15 16 17 18 19 20 21 i 22 23 24 25 26 law on the respective dates set forth opposite each signature. 11 3 1975 75 CITY OF LONG BEACH, a munic.pal corporation LOANOR CITY 0. an—uRk BEACH, oration and OWN-000...- �.}� The foregoing agreement is hereby approved as to this 3 day of 1975. LEONARD PUTNAM, City Attorney City�Long Beach By I Deputy The foregoing agreement is hereby approved as to this 27th day of January 1975. DENNIS O`NEIL, City Attorney City of wport Beach By tqPA � KKW:DW 1/20/75 8 4: 147.3 January 28, 1975 General Services Director City of Long Beach Agreement with the City of Long Beach to temporarily loan one Long Beacb.beach refuse collection truck to the Newport Beach'dwaral Services Department. Enclosed is the original and one copy of subject agreement for transmittal to the City of Lcng Beach for execution. Said agree- ment was authorized by the City Oouncil of Newport Beach on January 27, 1975 by the adoption of Resolution No. 8430. As soon as the agreement has been signed by the City of Long Beach, please return a ccupletely executed original to this office for inclusion in our records. Laura Lagios, CM City Clerk e .1 Enclosures • RESOLUTION NO. R 43 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY �4N 2 71975 OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE By the GIT CUUn4.:ILCITY OF NEWPORT BEACH AND THE CITY OF LONG CITY OF NEWPORT ejAC ACH TO TEMPORARILY LOAN ONE LONG BEACH ACH REFUSE COLLECTION TRUCK TO THE NEWPORT BEACH GENERAL SERVICES DEPARTMENT WHEREAS, there has been presented to the City Council of the City of Newport Beach an agreement between the City of Newport Beach and the City of Long Beach in connection with the loan of one Long Beach beach refuse collection truck to the Newport Beach General Services Department; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport . Beach.. ADOPTED this 27th ATTEST: City Clerk day of January , 1975. Mayor .DDO/bc 1/24/75