AG 17-153 - Washington State Military DepartmentI 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