HomeMy WebLinkAboutITEM V-DMEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AUBURN, WASHINGTON
AND
- THE CITY OF FEDERAL WAY, WASHINGTON
THIS MEMORANDUM OF UNDERSTANDING ~"M~U"} is made this day of
20_ by and between the undersigned representatives ofthe City of Federal Way
~"Federal Way"}, a Washington Municipal Corporation, and the City of Auburn, ~"Auburn"}, a
Washington Municipal Corparation.
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RECITALS:
WHEREAS, there exists the possibility of flooding this winter in the Green River Valley within
Auburn's city limits; and
WHEREAS, there exists the potential that in the event of flooding in the Green River Valley,
Auburn may lose the ability to provide critical services from Auburn City Hall; and
WHEREAS, Auburn has requested to relocate some critical servers to Federal Way's data center
to aid in Auburn's continuation of the critical functions of government; and
WHEREAS, it is a benefit to the public to assist neighboring cities in a way that allows for basic
services to continue in a time of emergency;
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained
herein and for other goad and valuable consideration, the receipt and sufficiency of which hereby
are acknowledged, it is mutually agreed and covenanted, by and between the parties to this
Agreement, as follows:
1. Commitment of the Federal Way. In the event floading occurs within the Green River
Valley that prevents Auburn from operating out of Auburn City Hall ~"Triggering Event"},
Federal Way promises to provide the following:
a. Gne cabinet space in Federal Way's data center for the critical servers and network
switch;
b, Access to the unused pair of fiber to King County for connecting to Internet and IGN;
c. Necessary power for Auburn's equipment;
d. Up to I0 phones and one fax to route and receive specific Auburn phone numbers
through the Federal Way phone system;
e. Background check to enter and access Federal Way's data center and police department
area;
f. Temporary access keys to Federal Way City Hall;
g. Approximately 400 Sq. Feet of office space;
h. Some support services from Federal Way's IT and building staff;
2. Commitment of the Auburn,
a. Indemnification. ~n consideration of Federal Way authorizing the use of the Federal
Way City Hall for the purposes stated above, Auburn agrees to indemnify and hold
Federal Way, its elected officials, officers, employees, agents, and volunteers harmless
from any and all claims, demands, losses, actions and liabilities including costs and all
attorney fees} to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected
with this MOU or the use of Federal Way City Hall to the extent caused by the acts,
errors or omissions of Auburn, its elected officials, officers, employees, agents,
volunteers or by the breach of the terms of this MDU.
b. Insurance. Auburn agrees to submit a letter of coverage evidencing Commercial
General Liability in the amount of no less than $1,000,000. The letter should be
presented prior to Federal Way providing any of the Commitments outlined in Section 1
above,
3. Term and Termination, The terms of this MOU shall commence on the date written above
and shall continue until terminated or until the current threat of flooding in the Green River
Valley ceases or until Auburn has secured other means of providing basic services to its
residents after the Triggering Event. Either party may terminate this MOU upon 34 days
written notice to the other party.
4, Compensation. Federal Way agrees to provide the Commitments outlined in Section 1
above for a period of 30 days from the Triggering Event at no cost to Auburn. In the event
that Federal Way's Commitments are required for longer than 30 days, the parties agree that
Federal Way may impose a reasonable rental fee. The rental fee shall be mutually agreed to
in writing between the Parties, for Auburn's continued use of Federal Way's facilities.
5. Governing Law. This MGU shall be governed by and construed in accordance with the
laws of the State of Washington excepting any conflict of laws provisions which would
serve to defeat application of Washington substantive law},
[Signatures on Following Page
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~N WYTNESS WHEREOF, Federal Way and Auburn have executed this Memorandum of
Understanding as of the day and year first written above by their duly authorized representatives.
CITY OF FEDERAL WAY C
~
Brian Wilson, City ManagerlPolice Chief Peter B. Lewis, Mayor
ATTEST: ATTEST:
City Clerk, Carol McNeilly, CMC Ci y Clerk, Danielle E. Daskam
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson 1 y Attorne , aniel B. Heid
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K:IagreementlM0U120091Auburn
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R ~ns~ur~nce Auhor~t~r ~ .
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~5-Jan-1 o Cert#: 6534
City of Federal Way
Attn: Brian Wilson
P.D. Box 971$ ~ .
l~~ederal Way, WA 9$403
RE. City of Auburn
Temporary use of Federal Way facilit~~ in the event of Green River
flooding
Evidence of Coverage
The above captioned entity is a member of'the Washington Cities Insurance Authority
YWCA), ~~fhich is a self insu~•ed pool of over 134 municipal corporations in floe State of
Washington.
WCIA leas at least $1 million per occurrEnce combined single limit of liability covea•age
i~l its self insured layer that play be applicable in tl~e event an incident occurs that is
deemed to be attributed to the .negligence of the s~nenlber.
WCIA is an Interlocal Agree~l~ent among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
all lnsliranCe CO1]lpany, your or~;c~nlZatlon GaIll70t bC Ilc~llled as an ~~add~tlonal lnsured~~.
Sincerely,
Frlc B. La~'son
Deputy Director
cc: Brenda I Heineman
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