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
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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
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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
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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
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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