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HomeMy WebLinkAboutFederal Way, City of MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AUBURN, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this 11:1"'day of `Jcouar4~ , 2010 by and between the undersigned representatives of the City of Federal Way ("Federal Way"); a Washington Municipal Corporation, and the City of Auburn, ("Auburn"); a Washington Municipal Corporation. RECITALS: WHEREAS, there exists the possibility of ftooding 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 Aubum City Hall; and WHEREAS, Auburn has requested to relocate some critical servers to Federal Way's data center to aid in Aubum's continuation of the critical tLnc[ions of govemment; 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 good 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 Yollows: 1. Commitment of Federal Way. In thc event flooding occurs within the Green River Valley that prcvents Auburn from operating out of Auburn City Hall ("Triggering Event"), Federal Way promises to provide the following: a. One cabinet space in Federal Way's data center for the critical servers and network switch; b. Access ro the unused pair of fiber to King County for connecting to internet and IGN; c. Necessary power for Auburn's equipment; d. Up to ] 0 phones and one fax to route and receive specific Aubum 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. reet of oftice space; h. Some support services from Federal Way's [T and building staff; 2. Commitment of Auburn. a. Indemnification. In consideration of Federal Way authorizing the use of the Federal Way City Hall for the purposes stated above, Aubum agrees to indemnify and hold Pederal 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 Hallto the extent caused by the acts, errors or omissions of Auburn, its elected officials, officers, employees, agents, volunteers or by the breach oY the terms oY this MOU. 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 [his MOU shall commence on the date written above and shall continue untii 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 30 days written notice to the other party. 4. Compensntion. Federal Way agrees to provide the Commitments outlined in Section l 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 Auburds continued use of Federal Way's facilities. 5. Governing Law. This MOU 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] IN WITNESS 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 Y OF- Brian Wil n, City Manager/Police Chief Peter B. Lewis, Mayor ATTEST: ATTEST: City Clerk, Carol Mc eilly, C 'Cify-Clerk, Danielle E. Daskam ' APPROVED AS TO FORM: APPROVED AS TO FORM: 0." 0~Gmjj €i0ie-O?Z a City A ey, Patricia A. Richardson iy Attorne , aniel B. Heid K:~agreememWi0UA2009Wubum ' Eww -i . Insurance Authority 11.0. Boa 88030 'rukwila. MA 9sUs 05-Jan-10 Ceri#: 6534 Phone: 206-;?5-6040 City of Federal Way Atm: Brian Wilson [~"x 200 s7'-74'6 P.O. Box 9718 Federal Way, WA 98063 RE: City of Auburn Temporary use of Federal Way facility in tlie event of Green River flooding Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 130 municipal corporations in the State of Washington. WCIA has at least $I million per occurrence coinbined single ]imit of liability coverage in its self insured layer tliat may be applicable in die event an ineident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is coinpletely self funded by the membership. As there is no insuraiice policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured". Sincerely, ' Eric B. Larson Deputy Director cc: Brenda Heinemau clzl4r