AG 09-185 - THE HISTORICAL SOCIETY OF FEDERAL WAYRETURN TO: Mary Jaenicke
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DN: PRCS
2. ORIGINATING STAFF PERSON: CaxY Roe
EXT: 6910 3. DATE REQ. BY:
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT
PROFESSIONAL SERVICE AGREEMENT
GOODS AND SERVICE AGREEMENT
REAL ESTATE DOCUMENT
ORDINANCE
CONTRt1CT AMENDMENT (AG#):
X OTHER _MEMORANDUM OF UNDERSTANDING
MAINTENANCE AGREEMENT
HUMAN SERVICES CDBG
SF,CURITY DOCUMENT �E.G. BOND RELATED DOCUMEN'TS)
RF,SOLUTION
S. PROJECT NAME: DIVIDE THE COST OF THE ELECTRICITY AND ALARM SYSTEMS AT THE STEEL LAKE ANNEX BRICK BUILDING AND BARN
6. NAME OF CONTRACTOR: THE HISTORICAL SOCIETY OF FEDERAL WAY
ADDRESS: PO Box 25430 F�l �7 3 TELEPHONE 206-412-5545
SIGNATURE NAME: �c.,rc.1� C. �.�+u� Z�-Y� TITLE_PxESIDEr1T
7. EXHIBITS AND ATTACHMENTS: sCOPE WORK OR SERVICES COMPENSATION INSURANCE REQUIREMENTS/CERTIFICATE ALL
OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE: 7/31/2021
9. TOTAL COMPEi�TSATION $_NA (11vCL[1DE E�ENSES.41vD SALES 1'Ax IF ANY�
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDi1LES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: YES NO IF YES, MAXIMUM DOL;_AR AMOUNT:
IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRAC7'OR !7 CITY
PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW
PROJECT MAI�TAC?ER
DIRECTOR
RISK MANAGEMENT (�F APPL1C.e,BLE)
LAW
INITIAL DATE REVIEWED
d
I1�TITIAL DATE APPROVED
11. CONTRACT SIGNATURE ROUTTNG
SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
LAW DEPARTMENT
SIGNATORY (cM ox Di�cTOx)
CITY CLERK
�ASSIGNED AG#
I,e'SIGNED COPY RETURNED
COMMENTS:
INITIAL DATE SIGNED
iD��'1-Oq
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4/9
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE HISTORICAL SOCIETY OF FEDERAL WAY
AND
THE CITY OF FEDERAL WAY, WASHINGTON
THIS MEMORANDUM OF LTNDERSTANDING ("MOU") is made this day of
September 2009 by and between the undersigned representatives of the City of Federal Way
("City"), a Washington Municipal Corporation, and the Historical Society of Federal Way
("Society"), a Washington not-for-profit organization.
RECITALS:
WHEREAS, the Society is a Washington not-for-profit organization that collects, preserves and
interprets the history, ethnic heritage, and cultural history of Federal Way, Washington; and
WHEREAS, the Society and the City entered into a lease agreement dated July 28, 2008 for
lease of a portion of the Steel Lake Annex, also known as the brick building, for use by the
Society; and
WHEREAS, the City occupies a portion of the Steel Lake Annex, also known as the barn, for
City purposes; and
WHEREAS, the electricity and the alarm systems support both the brick building and the barn
located at the Steel Lake Annex; and
WHEREAS, the City and the Society agree to equitably divide the cost of these two shared
services that both the City and the Society are benefitting from;
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 the Society. The Society agrees to pay for the electricity to both the brick
building and the barn. The Society further agrees to pay for any hardware maintenance and
any additional service fees that may be needed on the primary alarm system in the brick
house.
2. Commitment of the City. The City agrees to pay for the entire annual service charge for the
alarm system, which covers both the brick building and the barn. The City further agrees to
be responsible for the hardware maintenance of the barn components of the alarm system.
3. Term and Termination. The terms of this MOU shall commence on the date written above
and shall continue until terminated on July 31, 2021 or upon termination of the Steel Lake
Annex Lease dated July 28, 2008, whichever comes sooner. In the event the Steel Lake
Annex Lease is renewed for ten (10) years as allowed in the lease, this MOU will also renew
far ten (10) years.
4. Indemnification. The Society shall indemnify and hold harmless the City and its officers,
boards, commissions, employees, agents, attorneys, and contractors from and against any and
all liability, damages, and claims, (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of
any act or omission of the Society, its employees, agents, or contractors, which may arise out
of this MOU.
The City shall indemnify and hold harmless the Society and its officers, boards,
commissions, employees, agents, attorneys, and contractors from and against any and all
liability, damages, and claims, (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and consultants), which may be asserted by reason of any act or
omission of the City, its employees, agents, or contractors, which may arise out of this MOU.
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).
IN WITNESS WHEREOF, the Society and the City have executed this Memorandum of
Understanding as of the day and year first written above by their duly authorized representatives.
CITY OF FEDERAL WAY
APP OVED AS TO FORM:
City Atto Patricia A. Richardson
B
f'LC a'�� 9
Director of P s, Public Works,
Emergency Management, Cary M. Roe, P.E.
33325 8�' Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
ATTEST:
City Clerk, Carol Ma eilly C C
THE HISTORICAL SOCIETY
OF FEDERAL WAY
By:
�-,2� C �r�..� President
STATE OF WA HINGTON
ss.
COUNTY OF
On this day personall a ared before me to me known to be the
President of the Histon ociety of Federal ay that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal
�'��pRl L, �L"�
o �,�.niss�o�,
2� �Vp F". R+
0,�, S
��''�51-11 NG�
(typed/p'rinted name of notary)
Notary Public in and for t e S ate of Washington.
My commission expires
2009.
K:�agreementuvl0U�2009�I Society utilities