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AG 17-153I I RETURN TO: Ray Gross EXT: 2712 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: MAYORS OFFICE / EMERGENCY MANAGEMENT 2. ORIGINATING STAFF PERSON: RAY GROSS EXT: 2717 3. DATE REQ. BY: 2/28/2017 4. 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 ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): I OTHER A9 reehna4— ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: WEBEOC GOVERNMENT ENTITY USER AGREEMENT 6. NAME OF CONTRACTOR: V(16114\11Y1 Q WN►i`1CCVM i o iAir r* ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 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: 3 /7thl- COMPLETION DATE: ONL01101 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW 1 PROJECT MANAGER DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 1,LAW 11. COUNCIL APPROVAL (IF APPLICABLE) tIPc ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED INITIAL / DATE REVIEWED INITIAL / DATE APPROVED Q., a / /i2 low 7 sec- 2(tkr- COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: C'%I Zt 111 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# ❑ SIGNED COPY RETURNED 10 1 7 1 7 No s t rrp • At Ii-155 I DATE SENT: 10 -11-11 4- COMMENTS: P1e4Ie ve va ea, 1-1 t f WG(111 1,45 kvv< SF r le tel ✓y #4eri ✓ 1-Y11 h sr a9 yea/148,417 COUNCIL MEETING DATE: March 21, 2017 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WEBEOC GOVERNMENT ENTITY USER AGREEMENT POLICY QUESTION: Should the City of Federal Way enter into an agreement with Washington State Military Department for WebEOC Government Entity use. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: March 14, 201 if 1 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager Attachments: Agreement DEPT: Emergency Management Options Considered: Option 1. Approve entering into an agreement with Washington State Military Department for WebEOC use Option 2. Do not approve entering into an agreement with Washington State Military Department and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to enter into an agreement with Washington State Military Department for WebEOC use. MAYOR APPROVAL: Coun Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward _the agreement with Washington State Military Department for WebEOC use to the March 21st, 2017 consent agenda for approval. mmittee Chai Committee ember PROPOSED COUNCIL MOTION: "I move approval of " 0 Committee ember P A UN ACTT1 PROV 1 'VI I�� DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # IST reading Enactment reading ORDINANCE # RESOLUTION # REVISED EOC17 -021 WebEOC Government Entity User Agreement Between WASHINGTON STATE MILITARY DEPARTMENT (MIL) and City of Federal Way (GOV User) This Government Entity User Agreement is entered into by and between the Washington State Military Department (MIL) and City of Federal Way (GOV User) to establish the use, content, and disclosure of documents /data to be shared on the WebEOC server that is maintained by MIL. A. KEY PERSONNEL The individuals listed below shall be considered Key Personnel. The Key Personnel for each of the parties shall be the contact person for all communications regarding the performance of this Agreement. Any substitution of GOV User's Key Personnel must be made by written notification to MIL. Military Department Name Q 4 y 6Y-off ry t A/ley:: eN cr j14ccvi Ciyer Name Title Debbie Bostwick WebEOC Administrator Title E -Mail ray,5roll Petty o eble✓td►yay,c0,M E -Mail debbie.bostwick @mil.wa.gov Phone a17 7) d1 ( 3),'3S- . Phone 253- 512 -7020 Address rr 3 33 i 5 rh A vevlKe JON fih I '^4 d I/ w4- qg , ' Fe jewc, 7f> S Address Bldg 20, MS: TA -20 Camp Murray, WA 98430 -5122 B. DEFINITIONS 1. Emergency Management Division (EMD) Director: The Director of MIL's EMD, and sponsoring authority for WebEOC. The EMD Director or designee approves requests to become a WebEOC User and revokes such approval, if needed. 2. Governmental Entity User (GOV User): A Washington state agency, local government or federal government entity, that has been authorized use of WebEOC by the EMD Director or designee. WebEOC Agreement — GOV User Page 1 of 5 REVISED EOC17 -021 3. User: A Washington state agency, local government, tribe, federal entity, or other entity that has been authorized use of WebEOC by the EMD Director or designee. This definition includes any person (e.g. employee, volunteer, other agencies' employees) the GOV User allows to use its WebEOC user accounts. 4. User's Records: Records that contain data or data that was entered by a User into the WebEOC server. 5. WebEOC Administrator: The position within the MIL responsible for the administration, training, and technical support of WebEOC. The WebEOC Administrator creates User accounts and grants data access permissions based on User credentials. 6. WebEOC Coordinator: Each User will designate a WebEOC Coordinator to provide local administrative and technical support. WebEOC Coordinators will serve as liaisons with the WebEOC Administrator. 7. WebEOC Public Records Coordinator: Each GOV User will designate a WebEOC Public Records Coordinator to accept and comply with the legal requirements of RCW 42.56, the Public Records Act (PRA) for any request received by MIL and sent to the WebEOC Public Records Coordinator for the GOV User's records contained in the WebEOC server. 8. Tier I Service: Access to all WebEOC Boards used in the State EOC. 9. Tier II Service: Access to all WebEOC Boards used in the State EOC, as well as the ability to use these Boards for local emergency management purposes only. 10. Defense and Hold Harmless: GOV User agrees that it will pay for the legal defense of MIL and assumes responsibility for any and all fees, costs, or penalties imposed against MIL in any disagreement, mediation, or litigation related to the User's search, redaction, withholding, or provision of records retained in the WebEOC server and includes any expenses related to responding to a third party request for an injunction relating to that GOV User's records. All costs, fees, penalties, and expenses will be shared pro rata with any other User whose records are involved in the same allegation or finding. C. CONDITIONS As a condition of being approved as a WebEOC GOV User, the undersigned, as the GOV User's authorized representative, agrees to observe and strictly adhere to the following requirements: 1. Official Business Only MIL maintains a crisis information management system, commonly referred to as WebEOC, available for use by Washington state agencies, local governments, tribes, private entities, and federal entities (Users), as a collaborative tool for managing and sharing emergency management information. The purpose of WebEOC is to provide a network platform for Users to post, receive, share, organize, process, and manage emergency and public safety information from and with the State Emergency Operations Center (EOC) for emergency management purposes authorized under RCW WebEOC Agreement — GOV User Page 2 of 5 REVISED EOC17 -021 38.52. No other use shall be permitted, and personal use is prohibited. Users shall have no expectation of privacy in the use of WebEOC. 2. Tiered Service MIL offers tiered access to WebEOC. Please check the desired level of access below. Tier I Service: This level gives Users access to all WebEOC Boards used in the State EOC. Tier II Service: In addition to Tier I functionality, this level gives Users the ability to use all WebEOC Boards at the local level as well, for emergency management activities only. 3. Disclosure of Public Records — Defense and Hold Harmless All information retained on the MIL's WebEOC server, including information about use of WebEOC or posted by a User onto the WebEOC server, is a public record subject to public disclosure under RCW 42.56, the Public Records Act (PRA). 1. For Tier I records, MIL will process all requests received for WebEOC records in accordance with MIL's Public Records Policy. 2. For Tier II Service, the GOV User agrees to designate a WebEOC Public Records Coordinator to accept and comply with the legal requirements of the PRA and this Agreement for any request received by MIL for the GOV User's records contained in the WebEOC server. a. When MIL receives a public records request, subpoena, or other demand for records or data on the WebEOC server that was entered or created by the GOV User, MIL's Public Records Officer (PRO) will be responsible for responding to the requestor within five days of receipt of a request, and will coordinate the GOV User's response to the records request administratively only. b. The GOV User agrees that its WebEOC Public Records Coordinator will accept a request for the GOV User's records from MIL's PRO and will appropriately search, retrieve, redact (if necessary), and supply all responsive records, along with preparation and provision of a complete exemption log, from the WebEOC server to MIL's PRO for provision to the requestor. The WebEOC Public Records Coordinator will inform MIL's PRO of the reasonable timeframe necessary to provide the records, supply records to MIL's PRO on a coordinated rolling basis, and will meet all deadlines set for response to the requestor. c. All liability for fees, penalties, and costs, including MIL's and the requestor's attorney's fees due to any finding of a violation of the PRA or any other legal requirement by the GOV User, shall be the responsibility of the GOV User, and the GOV User shall fully reimburse and hold MIL harmless for all such liability. WebEOC Agreement — GOV User Page 3 of 5 REVISED EOC17 -021 d. The Military Department agrees to be responsible for all liabilities based on its own acts, on a prorated basis. 4. Responsibility for and Audit of User Activities on WebEOC The GOV User is solely responsible for its use and all information it enters, posts or maintains on WebEOC, and ensuring such information and use does not violate state or federal law. MIL does not monitor and is not responsible for such use or information entered, posted or maintained on WebEOC; however, all GOV User activity is subject to recording, copying review, and audit by MIL or an authorized designee for unauthorized or illegal activity, and compliance with applicable laws and regulations. 5. Termination of Use MIL reserves the right to terminate use of the WebEOC system and the User account for any reason and at any time within its sole discretion, including, but not limited to, violations of law, this Agreement, operational security, or negligent or unauthorized use. 6. Account Restrictions If the User or MIL determines that use of the WebEOC account violated a law, this Agreement, or operational security, or was for an unauthorized purpose, MIL and the User may agree the User can continue using WebEOC if the User restricts the individual(s) involved from accessing any of the User's account, investigates the violation or unauthorized use, and implements appropriate disciplinary actions, if applicable. 7. Sanctions A violation of law, this Agreement, or operational security involving the use of WebEOC may result in termination of WebEOC access privileges and User Account, referral for appropriate disciplinary action (if applicable), and civil and criminal sanctions as allowed by law. 8. User Accounts and Passwords Each User is assigned an appropriate number of accounts, usernames, and passwords to be used for authentication. Passwords must be kept secret. It is the User's responsibility to protect User passwords. The User will be held accountable for all activity under the User's accounts. If a User account is compromised, the User must report it to the WebEOC Administrator immediately. 9. Report Security Violations If the User becomes aware of any violation of these requirements or suspects that the User's password(s) may have been compromised or acquired by a non -User, it is the User's responsibility to report that information immediately to the WebEOC Administrator. WebEOC Agreement — GOV User Page 4 of 5 REVISED EOC17 -021 10. Period of Agreement This agreement shall remain in full force and effect so long as the User has access to or maintains records in the WebEOC server. Users shall direct any questions regarding the proper operation or security of the WebEOC system to the WebEOC Administrator. GOV User's Authorized Representative: I have read and agree to the User Agreement. Organization /Entity: CI 7 y o f Fe d erm 6 Wa / Print Name: J W1 Pe rrC Title: Ma or Signature: Emergency Management Division Director or Designee: I have authorized the GOV User organization /entity named above to have one or more Washington State WebEOC Accounts. Print Name: Robert Ezelle Title: EMD Director Signature: BOILERPLATE APPROVED AS TO FORM: Dawn C. Cortez (signature on file 11/16/2016) Assistant Attorney General WebEOC Agreement — GOV User Date: Page 5 of 5 REVISED EOC17 -021