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HomeMy WebLinkAbout042417_ca03Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Lynn Sterbenz, Director Department of Emergency Management (JCDEM) DATE: March 6, 2017 RE: REVISED WebEOC User Agreement STATEMENT OF ISSUE: The Washington State Military Department, Emergency Management Division, established a policy and a user agreement to define all jurisdictions' intended and appropriate use of WebEOC and delineate responsibilities regarding public records disclosure. WebEOC is a software designed to bring real-time crisis information management to JCDEM's EOC, as well as all other local, state and federal EOC's. This REVISED agreement modified formatting in section C. CONDITIONS, Number 3. Disclosure of Public Records — Defense and Hold Harmless, to help clarify disclosure of public Tier I and Tier H records. Language has been added to spell out the Military Department's liability in connection with Tier Hpublic records requests. Additionally, some obsolete language regarding viewing information and displaying the software has been removed at the request of Intermedix, the vendor of WebEOC. ANALYSIS: While JCDEM has already been a user of the State's WebEOC platform, this policy and agreement were just recently established by the State. We are asked now to choose between two levels of service; Tier II service will continue the level of use JCDEM has been accustomed to. FISCAL IMPACT: None. There is no cost to this service provided by the State. RECOMMENDATION: Approval; I recommend that Jefferson County select Tier II service (page 3 of the agreement). DEPARTMENT CONTACT: Lynn Sterbenz REVIEWED BY: i ip Morle my Admiidstratobf' Date I' m TA4191119[4Z4fi 0PT01 WebEOC Government Entity User Agreement Between WASHINGTON STATE MILITARY DEPARTMENT (MIL) and Jefferson County (GOV User) This Government Entity User Agreement is entered into by and between the Washington State Military Department (MIL) and Jefferson County (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. Government Entity User Military Department Name L on Ste ben Z Name Debbie Bostwick Title bi reGbr Title WebEOC Administrator E -Mail 151(_rbe 7z &Co.je-er5dh, wa.uS E -Mail debbie.bostwick@mil.wa.gov Phone � � _ � , q-72-9 Phone 253-512-7020 Address %e r rs C" e'-dy Dt M 0 HILZOS Ralit A)rt lock W11 C)$339 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 Pagel of 5 REVISED EOC17-026 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 EOC17-026 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. EY 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 EOC17-026 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 EOC17-026 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 GOV User Agreement. Organization/Entity: Print Name: J Title: C-� \+�� �f i �SLIri CC3mm1 -ss1DY1e-�' s Signature: Date: 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 4q/'Ylr7 Date: WebEOC Agreement - GOV User Page 5 of 5 REVISED EOC17-026 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED PROJECT DESCRIPTION CONTRACT NUMBER 6 o ve-rnm.¢�-J & Lb -� Uses �f-ez'mx*4 M i L -U P -f V! SEb Coe. J 7- 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE kGer Clha l r 8DOAd cir 6v n hi C°vmmc'Ssrvn.erS KCt...0 �'1� 1LElC,r �j/71rn./SSLrIYt�.lf�. 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE KCt...0 �'1� 1LElC,r �j/71rn./SSLrIYt�.lf�. \\NAC-1\VOL1\HOME\KARENB\.... MMSIGNAUTH Revised 5/00 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, and amendments. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. If you have any questions regarding this form or to request new forms, please call your MD Program Manager.