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AG 10-006RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: 2. ORIGINATING STAFF PERSON: ��Kf�l ,�pZ / EXT: � 3. DATE REQ. BY: I f S' /o TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT O SECURITY DOCUMENT (E.G. soxn �LnTEn noctmtErrrs> O ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ 1NTERLOCAL O OTHER vini/ 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: E-MAIL: SIGNATURE NAME: TELEPHONE FAX: TTTLE 7. EXHIBITS AND ATTACHMENTS: ❑ scoPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: � I i �� ��� COMPLETION DATE: .7�!/ T,�'yf l 9. TOTAL COMPENSATION $ (nvCLUDE E�Er1SES Axn SALES'r.vc IF ANY� (IF CALCULATED ON HOURLY ABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED � YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED � PROJECT MANAGER o DIRECTOR O RISK MANAGEMENT (tF' nrrLiC�LE) ❑ LAW - INITIAL / DATE APPROVED i 11. COLTNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: �J" j1 COUNCILAPPROVAL DATE: � S �� 12. C�NTRACT SIGNATURE ROUTING D'SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS Ci�LAW DEPARTMENT Q�SIGNATORY `�I OR DIRECTOR� [�CITY CLERK �ASSIGNED AG# �'SIGNED COPY RETURNED CONIMENTS: INITIAL / DATE SIGNED P �-IZ-I� � 1.� _ ��r+ /'I ^ tl/u 1U1�5 I� AG# �, p -' (;lb l(Q DATE SENT: ►�G1 I �D 11 /9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AUBURN, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON � THIS MEMORANDUM OF iJNDERSTANDING ("MOU") is made this (? day of J�.nuaw� , 20 �o 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 arid shall continue until terminated or until the current threat of flooding in the Crreen 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. 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}. jSignatures 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 representa.tives. CITY OF FEDERAL WAY �---- Brian Wilso , City Manager/Police Chief CITY UBURN � —� Peter B. Lewis, Mayor ATTEST: � City Clerk, Carol M eilly, C C APPROVED AS TO FORM: v 1� PU���%`� , �tne City Att ey, Patricia A. Richardson ATTEST: ��� � City 1erk, Danielle E. Daskam K:�agceement�IvfOU�2009Wuburn APPROVED AS TO FORM: � P,C). E�t�x �i8(l3t) OS-JaTl-10 Cert#E: G534 "li�kwil<�, 4i'.1 �?5138 Piuute: 206-� i�-L;C)�6 CiCy of Federal Way Attn: Brian Wzlson P.O. Box 971 S Federal Way, WA 98063 RE: City of Auburn Temporary use of Federal Way facility in the event af Green River flooding Evidence of Coverage Fax: 2Q6-57S-7��6 The above captioned entity is a member of the Washington Cities Insurance Autharity (WCIA), which is a self insured pool of aver 130 rnunicipal corporations in the State af Washington. WCIA has at least $1 million per occurrence cambined single limit of liability coverage in its self insured layer that may be applicable in the event an incident accurs that is deemed to be attributed to the negligenee of the member. WCIA is an Interlocal Agreement among municipalities and liability is campletely self funded by the membership. As there is no insurance policy invalved and WCIA is nat an insurance company, your organization cannot be named as an "additional insured". Sincerely, . � Eric B. Larsan D�puty Director ec: Brenda Heineman ���ft� lnsurance Author�ty