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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AUBURN, WASHINGTON
AND
THE CITY OF FEDERAL WAY, WASHINGTON
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this L�day of
,j0_nurAx 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 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 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 follows:
1. Commitment of Federal Way. In the event flooding 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. One 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 10 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 Auburn.
a. Indemnification. In 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 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 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 ol'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. 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 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
ZIP=
W9 6h, City Manager/Police Chief Peter B Lewis, Mayor
ATTEST: ATTEST.
&9 M k" tip
City Clerk, Carol Mc eilly, C Ci y Clerk, Danielle E. Daskam
APPROVED AS TO FORM. APPROVED AS TO FORM:City At rney, Patricia A. Richardson C1fy Attorne , anicl B. Heid
K'Nag,e,eMNIOU'20091Aubu.
Insurance Authority
P0, Box 8803n
Tukraild, WA 95135
05-Jan-10 CcrtN: 6534
Phone" 206-;75-6046
City of Federal Way
Attn. Brian Wilson Fax 206-575_7.136
P 0. Box 9718
Federal Way, WA 98063
RE. City of Auburn
Temporary use of Federal Way facility in the 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 al least $1 million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance 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 Heineman
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