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Home My WebLink About2010 CON National City Depot - Scrap Railroad Track / TiesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY DEPOT (AKA The San Diego Electric Railway Association, Inc.) THIS AGREEMENT is entered into this 6th day of April, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and The National City Depot (AKA The San Diego Electric Railway Association, Inc.) RECITALS WHEREAS, The National City Depot desires to receive a donation from the City, of the railroad ties and rail removed during the Marina Gateway Improvement Project, and, WHEREAS, the CITY has determined that The National City Depot is a non- profit organization eligible to received such donation, NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The City agrees to donation the railroad ties and rails to The National City Depot. 2. The National City Depot agrees to transport to their property, free of charge to the City, all railroad ties (whole and partial) and rail donated, within 60 days of the date of this agreement, leaving existing storage site free of any railroad tie scrap. 3. The National City Depot agrees to obtain any necessary permits for such transport. 4. The National City Depot, agrees to indemnify, defend, and hold harmless, the City of National City and its officers and employees against and from any and all liability, loss, damage to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorney's fees, and defense costs, of any kind or nature, including worker's compensation claims of or by anyone whomsoever, resulting from or arising out of The National City Depot (AKA The San Diego Electric Railway Association, Inc.) negligent performance under this agreement. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor The National City Depot (AKA The San Diego Electric Railway Association, Inc.) (Corporation — signatures of two corporate officers) (Partners one signature) (Sole p rietorship — one signature) By. (Pri t) (Title) APPROVED AS TO FORM: George H. Eiser, III City Attorney April 20, 2010 Date (Name) pit 5 ( P r-U)- (Title) 2 City's Standard Agreement — June 2008 revision RESOLUTION NO. 2010 — 84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY DEPOT (AKA SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC.) FOR THE DONATION OF SCRAP RAILROAD TRACK AND TIES WHEREAS, during the Marina Gateway Improvements Project, 1,940 linear feet of 115 pound railroad track was removed to make way for the improvements; and WHEREAS, the San Diego Electric Railway Association, a non-profit organization, has requested that the railroad track and ties be donated to them for use at the National City Depot; and WHEREAS, the scrap value of the rail is approximately $11,931, and the cost to the City to dispose of the ties is approximately $52,000; therefore, by donating it to the San Diego Electric Railway Association, the City would save approximately $40,000 in disposal costs for the Marina Gateway Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and the National City Depot (AKA San Diego Electric Railway Association, Inc.) for the City's donation of scrap railroad track and ties to for use by the National City Depot. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 20, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk oft e C y al City, California h /L h it of ation By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-84 of the City of National City, California, passed and adopted by the Council of said City on April 20, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C dO\O-\% MEETING DATE: April 20, 2010 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National City Depot (aka San Diego Electric Railway Association, Inc.) for the donation of scrap railroad track and ties. RA — PREPARED BY: Barby Tipton DEPARTMENT: Deve; p ent Services/Engineering PHONE: 336-4583 APPROVED BY ��k EXPLANATION: As part of the Marina Gateway Improvements, 1,940 linear feet of 115 pound railroad track was removed to make way for new improvements. The National City Depot, a non-profit organization requested that the rail be donated to them for use at the museum in National City. Also removed were the wooden rail ties which The National City Depot has also requested. During the construction of the Marina Gateway Project, the contractor moved the rail to the museum property where it is being stored. Should Council approve this donation there will be no cost involved in moving/relocating the rail. The scrap value for the rail is approximately $11,931. The cost to the City of National City to dispose of the wooden ties is approximately $52,000. The disposal cost was bid as an additive alternate in the bid process. This means that the City can choose to add this item (service) to the construction contract with Council approval. The other option for disposal is to send out a Request for Proposal to remove both the rail that has value and dispose of ties which essentially has no value. This option would take several weeks to allow for advertisement. The ties are currently being stored on City property and if this donation is approved, the transport of such will be the responsibility of The National City Depot (Agreement attached). The option of donating the rail to the museum will allow them to display historic railcars on the rail for the enjoyment of National City residents as well as out-of-town visitors. This option could potentially save the City abort $40,000 in disposal fees (net cost if rail is sold). City Staff recommends that the donation be approved. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City could potentially save $40,000 in disposal costs. ENVIRONMENTAL REVIEW: Exempt ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Request for Donation Form, with proof of requirements for non-profit organizations 2. Agreement between the City and The National City Depot Fk�o��-z: uv vvo dO vO °,� OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax April 27, 2010 Mr. Dave Slater National City Depot 922 W. 22nd Street National City, CA 91950 Dear Mr. Slater, On April 20th, 2010, Resolution No. 2010-84 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with The National City Depot (AKA San Diego Electric Railway Association, Inc.). We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Engineering Dept.