HomeMy WebLinkAboutCONSENT WA State Dept Archaeology and Historic Preservation JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Josh D. Peters, AICP, Community Development Director
Greg Ballard,Development Code Administrator
DATE: June 02,2025
SUBJECT: CONSENT AGENDA: Data Sharing Agreement with DAHP for confidential
and sensitive archaeological and historic data
STATEMENT OF ISSUE:
Jefferson County Department of Community Development(DCD) requests Board approval of a Data
Sharing Agreement(Agreement)between the Washington State Department of Archaeology and Historic
Preservation(DAHP) and Jefferson County.
ANALYSIS:
The purpose of this Agreement is to ensure that shared confidential information is distributed, safeguarded,
and utilized solely for its intended purposes. It establishes guidelines for data access, handling, and security
measures concerning sensitive cultural resource data. The Agreement specifies authorized users and fosters
intergovernmental coordination. Access to the data will be restricted to the individuals listed in Appendices
A and B.
This Agreement enables DCD to review archaeological data maintained by DAHP as part of the
development permit process. This review supports the protection of archaeological resources and ensures
that necessary studies are requested.
The Agreement has been approved as-to-form by the Prosecuting Attorney's Office.
FISCAL IMPACT:
There is no charge for this service. There is no fiscal impact.
RECOMMENDATION:
DCD requests Board approval of the Data Sharing Agreement between DAHP and Jefferson County
(Agreement No. 1527).
REVIEWED BY:
6 ./2-f/Z$
Mark McCauley, unty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Department of Archaeology and Historic Preservation Contract No: DCD-DAHP 1527
Contract For: Data Sharing Agreement with DAHP Term: 7 years from date of execution
COUNTY DEPARTMENT: Community Development
Contact Person: Chelsea Pronovost
Contact Phone: (360)379-4494
Contact email: CPronovost@co.jefferson.wa.us
AMOUNT: N/A PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO ,IANC WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: fl N/A:E
ignature ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: [1 N/A: 57i31
Signature ate
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/19/2025.
State agreement - cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/29/2025.
State contract. Risk management decision. Agreement required to
comply with governor's executive order. No mutual hold harmless and
county assumes all liability including payment of attorney's fees. Will
need to be recorded as an ILA.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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AOyson Brooks Ph ..Director
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State Historic Preservation Officer
DATA SHARING AGREEMENT
AGREEMENT No. 1527
Between the
Washington State Department of Archaeology and Historic Preservation
and
Jefferson County
1. Purpose& Sharing Authority
1.1. The purpose of this Data Sharing Agreement(DSA) is to set forth the understanding between
the Washington State Department of Archaeology and Historic Preservation(DAHP)and the
Jefferson County (Receiving Party)relating to the terms and conditions under which DAHP
will allow the restricted use of its confidential and sensitive archaeological and historic data
("Confidential Information" or"Data")by the Receiving Party and the essential measures in
which the Confidential Information may be obtained and used within the Receiving Party's
digital and physical information technology (IT) systems.
1.2. This DSA ensures that the shared Confidential Information is dispensed, protected, and used
only for purposes authorized by this DSA and the State, federal and local statutes governing
such use,establishes essential data sharing reciprocity, critical IT security requirements, and
applicable cultural resource preservation protocols between the Department and the Receiving
Party.
1.3. To support DAHP's statutorily sanctioned functions and the Receiving Party's statutory
obligations to evaluate permit applications and other planning activities for their potential
impacts on Washington State's non-renewable cultural resources under state, local, and
federal law, DAHP is authorized under 10 CFR §800.11(C)to share Confidential Information
exempt from disclosure by the Public Records Act (RCW 42.56)and the 1967 Freedom of
Information Act(32 CFR § 701.25 - 5 USC 552).
1.4. The Department of Archaeology and Historic Preservation is the State's official central
repository for records identifying the location and nature of archaeological and historic sites
within the State of Washington and the primary Agency with knowledge and expertise in
archaeology and historic preservation. Additionally, DAHP is Washington's advocate for the
statewide preservation of irreplaceable historic and cultural resources- significant buildings,
structures, sites, objects, and districts- as assets for the future and is the principal Agency
responsible for the development of statewide and interagency technical policies, standards,
and procedures governing the reporting, collection, and security of cultural resources
DAHP Data Sharing Agreement No. 1527
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information per RCW 27.34,43.334,43.105.450, the National Historic Preservation Act of
1966 (36 CFR Part §60), 36 CFR Part §61, 36 CFR §800.16, and 16 USC 470f.
2. Definitions
3.
3.1. "Receiving Party" means the entity identified in Section 1 of this DSA that is a party to this
DSA, including the entity's owners, members, officers, directors, partners, trustees,
employees, and Contractor(s).
3.2. "Contractor" means the individual or entity performing services pursuant to this DSA and
includes the Contractor's owners, members, officers, directors, partners, employees, and
agents, unless otherwise stated in this DSA. For purposes of any permitted subcontract,
"Contractor" includes any subcontractors and their owners, members, officers, directors,
partners, trustees, and employees.
3.3. "Data Downloader" is the Receiving Party's responsible individual for being notified of DSA
deliverables and granted specific permission to access to retrieve the Data.
3.4. "WISAARD IT Solution" means the collective information technology (IT) system that
DAHP uses to host,encrypt, disseminate, and restrict access to Confidential Information.
WISAARD stands for the Washington Information System for Architectural and
Archaeological Records Data and is comprised of, but is not limited to, DAHP-procured
geographic information system (GIS)technology, software (such as Esri's Enterprise ArcGIS
Portal, ArcGIS Server, ArcGIS Datastore, and Microsoft's SQL Server), hardware,
connectivity, licenses, and staff resources necessary for system administration.
3.5. "Area of Interest" is where the Receiving Party requests DAHP Confidential Information.
This area is within the boundary of Washington State and relates to the Receiving Party's
specific jurisdiction.
3.6. "Term" is defined as the length of time between this DSA's Effective Date and seven(7)years
unless terminated earlier.
3.7. "Effective Date" is the date on which the DSA becomes effective and is the date when the
DSA is signed by the last of the two parties.
3.8. "Encryption" is the process of changing plaintext into a ciphertext for security, integrity,and
privacy.
3.9. "At Rest" is data that is not being accessed and is stored on a physical or logical medium.
Examples may be files stored on file servers, records in databases, documents on flash drives,
hard disks, etc.
3.10. "In Transit" is data that travels through an email, web,or collaborative work applications such
as Microsoft Teams or any other type of private or public communication channel.
3.11. "Data Security Classification" is the security protocol established by the Washington State
Office of Chief Information Officer(OCIO) under Policy 141.10 through their applicable
statute authority to set statewide information technology (IT)policies, standards, and
processes under RCW 43.105.450. These OCIO Data Security Classifications are:
3.11.1.1. OCIO Data Category 4 means information explicitly protected from disclosure by
state or federal law that requires special handling, such as data associated with the
DAHP Data Sharing Agreement No. 1527
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Health Insurance Portability and Accountability Act(HIPPA), Personally
Identifiable Information(PII) safeguarded under the Privacy Act Nonpublic
Personal Information(NPI)protected under the Fair Credit Reporting Act and the
Gramm-Leach-Bliley Act, etc. This information includes but is not limited to a
name(i.e., full name,maiden name, mother's maiden name, or alias), personal
identification numbers: social security number(SSN), passport number,driver's
license number, taxpayer identification number, patient identification number,
financial account number, or credit card number.
3.11.1.1.1. "Nonpublic Personal Information(NPI)" means information
identifiable to any person, including, but not limited to, information
that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, home
addresses, telephone numbers, social security numbers, driver license
numbers, other identifying numbers, and any financial identifiers
3.11.1.2. OCIO Data Category 3 is "Confidential Information" specifically protected from
disclosure by state or federal statute. Category 3 Data means cultural resources
information that is exempt from disclosure under Chapter 42.56 RCW or other
federal or state laws, such as the location and associated information of
archaeological sites, districts, burials, human remains finds, traditional cultural
properties, archaeological cultural resource reports, historic archaeological
information, and archaeological resources listed on the National Register of
Historic Places and the Washington Heritage Register Listed Resources.
Confidential Information for purposes of this DSA is comprised of Category 3
data and records.
3.11.1.3. OCIO Data Category 2 is "Sensitive Information," which is not protected from
disclosure by law but is for official use only. Sensitive Information is generally
not released to the public unless explicitly requested.
3.11.1.4. OCIO Data Category 1 is "Public Information, " which can be or is currently
released to the public without a DSA. This information does not need protection
from unauthorized disclosure but does need integrity and available protection
controls. DSA covered information that is Category 1, such as the Historic
Property Inventories (HPI), National Register of Historic Places, and the
Washington Heritage Register-listed historic structures (Register) are designated
Public Information under this agreement and do not require any special attention
prior to release to the public.
4. Description of DSA Shared Information and OCIO Data Security Classifications
4.1. DAHP shall disseminate annually to the Receiving Party, OCIO Category 1, 2, and 3
information for a defined Area of Interest within the State of Washington so long as there are
DAHP staffing and software resources to support DAHP's Data Sharing Program.
4.2. DAHP shall provide the DSA-covered information to the Receiving Party, does not include
third-party data(e.g., base maps, census data, soil type, parcels, etc.), and only contains the
information listed and classified within Table 1. This information represents Washington
State's cultural resource geographic information system (GIS) layers, associated Washington
State Plane South Zone NAD 83 HARN projection files, supporting documentation,
DAHP Data Sharing Agreement No. 1527
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accompanying attribute data(stored within Microsoft Access databases),and Federal
Geographic Data Committee(FGDC)compliant metadata.
4.3. As may be requested by the Receiving Party, DAHP will provide limited information
regarding the appropriate qualifications for cultural resource specialists(i.e., archaeologist,
historian, architectural historian, etc.) to facilitate the organization's cultural resource
preservation work.
Table 1
DAHP Shared Confidential Information& OCIO Data Security Classification
Information Name C to Koh Required Receiving Party Action
Register Archaeology 3 Protect—Not for Disclosure
Register Public 1 Public—Disclosable
Archaeology Sites 3 Protect—Not for Disclosure
Archaeology Districts 3 Protect—Not for Disclosure
Cemeteries& Burials 3 Protect—Not for Disclosure
Archaeology Survey Reports 3 Protect—Not for Disclosure
Historic Structure Survey Reports 1 Public—Disclosable
Historic Properties Inventories I Public—Disclosable
Maritime Sites 2 Protect—Disclose if Specifically Requested
Statewide Archaeological Predictive Model 1 Public—Disclosable
Technical briefs,brochures,bulletins,and any other materials
addressing preservation planning issues,as may be requested. I Public—Disclosable
Tribal Consultation Areas(Areas of Interest Provided to DAHP
by the Tribes) I Public—Disclosable
Qualification Information for Cultural Resource Specialists I Public—Disclosable
4.4. The Receiving Party acknowledges that DAHP is subject to the Public Records Act(Chapter
42.56 RCW), that this DSA is a public record, and that any documents or information
submitted to DAHP by the Receiving Party may also be construed as a public record and
therefore may be subject to public disclosure.
4.5. The Receiving Party shall share information with the Department of Archaeology and
Historic Preservation through this DSA that will be maintained by DAHP in accordance with
state and federal public records statutes and conform to Agency policies and procedures. Such
information may include, but is not limited to:
4.5.1. Publicly available contact information for DSA participants solicited through this DSA
will be kept confidential by DAHP unless specifically requested per RCW 42.56;
4.5.2. The Receiving Party's Area of Interest in a GIS shapefile where DAHP Confidential
Information is requested, the accompanying Washington State Plane South Zone NAD 83
HARN projection files(.prj),and Federal Geographic Data Committee(FDGC)
compliant metadata;
4.5.3. Copies of written reports and inventory forms prepared by the Receiving Party's staff
members, contractors, or other professional archaeologists;
4.5.4. Any data, maps, models, and surveys generated by its GIS systems regarding
archaeological sites and historic resources;
4.5.5. If available, a GIS parcel layer with parcel numbers and landowner names assists DAHP
in mapping historic and archaeological;
DAHP Data Sharing Agreement No. 1527
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4.5.6. A GIS layer of cemetery districts, if available;
4.5.7. Generated technical briefs, brochures, bulletins, and any other materials addressing
preservation planning issues, as may be requested or available;
4.5.8. Project-related communication and parameters necessary for DAHP to provide the
Receiving Agency responses to consultation requests under the applicable statutes;
Table 2
Receiving Party Shared Data& OCIO Data Security Classification
Information Name OCIO Data Required DAHP Action
Category
Limited DSA Participant Contact Information 2 Protect—Disclose if Specifically Requested
Area of Interest,Project Files,and Metadata I Public—Disclosable
Generated Archaeological Site Inventories 3 Protect—Not for Disclosure
Generated Archaeological District Inventories 3 Protect—Not for Disclosure
Generated Cemeteries&Burial Inventories 3 Protect—Not for Disclosure
Generated Historic Structure Cultural Resource Survey Reports I Public—Disclosable
Generated Archaeological,Traditional Cultural Property,& 3 Protect—Not for Disclosure
Cemetery Cultural Resource Survey Reports
Generated Historic Properties Inventories 1 Public—Disclosable
Generated Maritime Site Inventories 2 Protect—Disclose if Specifically Requested
Generated Models I Public—Disclosable
GIS Parcel Layer w/Owner Information 2 Protect—Disclose if Specifically Requested
GIS Cemetery Districts 3
Generated Technical briefs,brochures,bulletins,and any other 1 Public—Disclosable
materials addressing preservation planning issues,as may be
requested.
Project Consultation Documentation 1 Public—Disclosable
5. Response to Development Activity
5.1. The Receiving Party shall promote the preservation of archaeological, historic, and cultural
resources protected under state and federal statutes(https://dahp.wa.gov/project-
review/preservation-laws), seek to mitigate unavoidable negative impacts to cultural
resources, and discourage demolition of historically significant structures.
5.2. The Receiving Party will follow a procedure that will result in an analysis of proposed project
impacts and require mitigation of potential effects when(as is appropriate)a development
activity is subject to, but not limited to, the State Environmental Policy Act(SEPA),
Shoreline Management Act(SMA), Growth Management(GMA), Governor's Executive
Order 21-02,or other applicable local ordinance and is proposed within a known
archaeological or historic site(or is within an area of high likelihood for the presence of
unrecorded sites).
5.2.1. The Receiving Party shall require the project proponent to initiate an Archaeological
Excavation Permit with DAHP when proposed ground disturbance activity is unavoidable
and within an archaeological or historic site.
5.2.2. The Receiving Party shall consult with DAHP in writing(preferably over email)and
concerned tribes to solicit their comments on the proposed measures to avoid, protect,or
mitigate effects on the archaeological site.
DAHP Data Sharing Agreement No. 1527
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5.2.3. The Receiving Party shall negotiate consultation procedures between each tribe and the
Receiving Party and, where applicable, ensure that consultation requirements of the
Governor's Executive Order 21-02 are met.
5.2.4. The Receiving Party shall stipulate that the project proponents engage a Secretary of the
Interior professionally qualified archaeologist(per 36 CFR Part 61, Appendix A)to
investigate potential impacts to associated cultural resources,provide mitigation
recommendations, generate documentation in line with the Washington State Standards
for Cultural Resource Reporting, and deliver all relevant reports and material to DAHP
and the Receiving Party.
5.2.5. The Receiving Party shall condition project approvals based on DAHP recommendations,
the information in the archaeologist's written report, or the conditions outlined within the
associated Archaeological Excavation Permit to avoid impacts and promote the
conservation of protected cultural resources.
6. Awareness and Training
6.1. The Receiving Party shall assign a staff member responsible for historic preservation program
efforts,compliance with this DSA, and ensure said staff attends annual DAHP-sponsored or
other cultural resource training(s), if available.
6.2. The Receiving Party shall ensure that all users, administrators, and new personnel with access
to the Data are made aware of its use constraints, limitations,disclosure restrictions, and
security protocols as described in this DSA.
6.3. The Receiving Party shall hold training for all staff with access to the DAHP Data at least
once a year, or as appropriate,to inform them of state and federal laws regarding the
protection of historic and archaeological resources and the information technology security
requirements delineated within this DSA for the handling of said Confidential Information.
7. Use Constraints and Limitations
7.1. DAHP and the Receiving Party recognize that other parties perform the site survey work, and
as a result, the accuracy and reliability of the Data may vary. The information is collected
from various sources and will change over time without notice. The Receiving Party is also
aware that the Tribes do not always share all cultural resource information with DAHP, which
inadvertently may show false negatives in DAHP Confidential Information datasets,
particularly regarding traditional use properties and sacred sites.
7.2. As such,the Receiving Party understands that the Confidential Information provided under
this DSA is on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Neither
the DAHP nor any of its officials and employees makes any warranty of any kind for this
information, express or implied, including but not limited to any warranties of merchantability
or fitness for a particular purpose, nor shall the distribution of this information constitute any
warranty. DAHP and its officials and employees assume no responsibility or legal liability for
the accuracy, completeness, reliability,timeliness,or usefulness of any of the information
provided: nor do they represent that the use of any of the information will not infringe
privately owned rights. The information is not intended to constitute advice or be used as a
substitute for specific advice from a professional. The Receiving Party understands that they
should only act(or refrain from acting) based upon the supplied Confidential Information
DAHP Data Sharing Agreement No. 1527
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after independently verifying the information and, as necessary, obtaining professional advice
regarding your particular facts and circumstances.
7.3. The Receiving Party also acknowledges that the use of DAHP Confidential Data is limited to
design, planning, development,and operations functions and does not preclude the need for
field surveys for cultural resources in areas where:
7.3.1. Such surveys have not been conducted in the recent past(i.e., within the last five(5)to
seven (7)years.
7.3.2. Previous surveys do not meet current professional standards per the Washington State
Standards for Cultural Resource Reporting.
7.3.3. Data indicates the need for additional surveys.
7.4. In the amount reasonably necessary, the Receiving Party shall implement policies and
procedures that restrict access and limit the disclosure of Confidential Information to achieve
the purpose as described in this DSA.
7.5. Receiving Party shall not reproduce, sell, give, bargain, exchange, donate, loan, lease, or
otherwise transfer title, possession, allow access, leverage any reproductions of these Data
that result in financial gain, or use of any Category 3 Confidential Information received under
this DSA by any person, firm, corporation, Contractor, or association without consent from
DAHP.
7.6. The Receiving Party shall use extraordinary precautions to ensure no inadvertent disclosures
of Category 2 and 3 DSA-covered information and that DAHP is appropriately listed as the
authoritative source.
7.7. At no time will the Receiving Party make the DSA-covered Category 2 and 3 Information
available to the public via a publicly accessible website, redistribute to a third party, or
transmit these Data via email or other electronic methods, unless required by the Public
Records Act or court order as these archaeological and associated records and are exempt
from public disclosure under RCW 42.56.300.
7.8. The Receiving Party acknowledges that there are no use constraints for DSA-covered
Category 1 information.
8. Response to Inquiries
8.1. General inquiries about the existence of Confidential Information locations shall be answered
"yes" or"unknown" by the Receiving Party based on the Confidential Information shared
through this DSA as RCW 42.56.300 exempts cultural site information from public
disclosure.
8.2. The Receiving Party may disclose Confidential Information on an as-needed basis only to the
property owner of record and to the Tribal Cultural Resources Manager/Tribal Chairman of
Indian Tribes with cultural connections to the area and may refer inquiries directly to DAHP
RCW 42.56.300(4).
8.3. The Receiving Party shall respond according to state and federal law to all public disclosure
requests and court orders.
8.4. The Receiving Party shall notify DAHP GIS Manager with a copy of the records and
proposed redactions before disclosure of any DSA Category 2 (Sensitive Information),
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Category 3 (Confidential Information), or their derived work product created with the
intention of being published, displayed, or shared with the public.
8.5. DAHP reserves the right to review and may provide comment on such material for usability,
sensitivity, accuracy, completeness, DAHP Reporting Standards consistency, and provide the
Receiving Party comments or concerns.
8.6. The Receiving Party shall allow a minimum of fifteen(15) business days for DAHP to obtain
a restraining order or injunction under RCW 42.56.540 or other legal procedure before
disclosing any records containing Category 3 Confidential Information and Category 2
Sensitive Information subject to this DSA or other legal process.
9. Authorized Users
9.1. The Receiving Party shall identify individuals in its workforce who are authorized to access
and handle the Confidential Information necessary to carry out their duties to achieve the
stated purposes of this DSA within Appendix A and B of this DSA.
9.2. The Appendix A and B listed persons shall read and sign the Confidentiality and Non-
Disclosure DSA located in Appendix C before accessing and handling the Confidential
Information.
9.3. The Receiving Party shall retain a signed copy of the Confidentiality and Non-Disclosure
Agreement(Appendix C) for each Appendix A and B listed individuals within the employee's
personnel file(or designated location) for a minimum of six(6)years from the date at which
the employee's access to the Data ends and the documentation must be available to DAHP,
upon reasonable request.
9.4. The Receiving Party shall require that only the Appendix A Data Downloader and the
Appendix B listed Authorized Users are assigned to distinct user accounts for accessing
and using internal and external systems that store DSA-covered Data and that these
users do not share account credentials.
9.5. This DSA does not constitute a release for the Receiving Party to share the Data with any
third parties, including Contractors, even if for authorized use(s) under this DSA, without the
third-party release being approved by DAHP and identified in Appendix A or B of this DSA
and a signed Non-Disclosure Agreement(Appendix C).
9.6. When a user listed within Appendix A or B is no longer employed or contracted by the
Receiving Party,or duties change such that the listed user no longer requires access to the
Data,the Receiving Party signatory or current Data Downloader shall notify DAHP in writing
as soon as possible, but within no more than five (5)business days wherein DAHP shall
update the proper DSA Appendixes.
9.7. The Receiving Party shall specify one (1) person ("Data Downloader") within Appendix A
who shall be responsible for, but not limited to:
9.7.1. Acting as the Receiving Party's point of contact for DAHP Data delivery notifications;
9.7.2. Ensuring the Receiving Party IT security protocols conform to this DSA;
9.7.3. Creating and maintaining an active user account in DAHP's WISAARD IT Solution;
9.7.4. Accessing and downloading DAHP Data deliveries to Receiving Party's IT infrastructure;
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9.7.5. Integrating DSA Data into the Receiving Party's IT infrastructure and implementing
associated internal communication protocols with Appendix B listed users.
9.8. The Receiving Party shall identify and maintain a list of individuals who have a specified
need to access or handle DSA Confidential Information within Appendix B, such as IT system
administrators, archaeologists, scientists, researchers, environmental planners, etc.
9.8.1. In the event the Data must be provided to a Receiving Party Contractor identified within
Appendix B of this DSA, it will only be for the specific purpose and uses authorized by
DAHP, and the Receiving Party must include all Data security terms, conditions, and
requirements outlined in this DSA in any such subcontract.
9.8.2. In no event will the existence of the subcontract operate to release or reduce the liability
of the Receiving Party to DAHP for any breach in the performance of the Receiving
Party's responsibilities.
10. Security Requirements
10.1. As archaeological properties are of a sensitive nature, subject to vandalism, exempt from
public disclosure consistent with RCW 42.56.300, and the DSA-covered Confidential
Information has been identified as Category 3 within the OCIO Data Classification Standard
(141.10(4.1)),the Receiving Party and DAHP agree to adopt institutional protocols and
information technology security measures for encryption at-rest and in-transit for all IT
solutions that access or contain DSA-covered Data in accordance with the OCIO's Policy
141, Encryption Standards(141.10 (4.3 -4.4)), and Data Sharing Policy (141.10 (4.2)).
10.1.1. The DSA-covered Confidential Information shall be shared by DAHP to the Receiving
Party using the WISAARD IT Solution in compliance with OCIO's Securing Information
Technology Assets Policy 141; including but not limited to the OCIO's Policy 141
subsidiary policies and standards and applicable Security Design Reviews conducted by
the OCIO's Office of Cyber Security.
10.1.2. The Receiving Party shall use appropriate safeguards to prevent the inappropriate use,
disclosure,or loss of Confidential Information. The Receiving Party shall adopt
reasonable and necessary administrative,technical,and physical safeguards to ensure the
confidentiality, availability, and integrity of the Confidential Information. The Receiving
Party acknowledges that DAHP relies on these safeguards implemented by the Receiving
Party in permitting access to Confidential Information subject to this DSA.
10.1.3. For so long the Receiving Party has access to,creates, maintains, uses, or discloses
DAHP's Confidential Information, the Receiving Party represents and warrants that it
shall adopt, implement, and maintain adequate and appropriate safeguards:
10.1.3.1. To protect the confidentiality and security of DSA-covered Data obtained from or
created on behalf of DAHP by the Receiving Party;
10.1.3.2. To prevent the use or disclosure of the Data other than as provided by this DSA
and applicable laws.
10.1.3.3. To limit access to the DAHP Data to specific users listed within Appendices A
and B;
10.1.3.4. To comply with all applicable laws,current privacy and security guidelines, and
standards issued by the National Institute for Standards and Technology (NIST)
and the State OCIO.
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10.2. The Receiving Party agrees that the physical and digital Data assets of archaeological site
records and associated information copied from DAHP Data, or generated from new site
reviews, shall be kept in a locked, secure location with limited access.
10.3. The Receiving Party shall maintain logs for DSA Confidential Information(both electronic
and hardcopy)and record who/what/where/when/how/why the Confidential Information is
accessed by Appendix A and B users.
10.4. The Receiving Party must maintain all digital and hardcopy records containing Confidential
Information within the United States. The Receiving Party may not directly or indirectly
(including through Contractors)transport or keep any Confidential Information(either
hardcopy or electronic) outside the United States unless it has advance written approval from
DAHP.
11. Monitoring and Enforcement
11.1. The Receiving Party's access to DAHP's enterprise WISAARD IT Solution may be
continuously tracked and monitored for compliance with the Terms set out in this DSA.
11.2. DAHP shall have the right, upon reasonable request,to monitor, audit, and review activities
and methods in implementing this DSA to assure Receiving Party compliance and to
investigate possible violations of this DSA or violations of laws governing access to
Confidential Information.
11.3. Upon reasonable notice, the Receiving Party shall allow DAHP to inspect the Confidential
Information's provisions for IT security in conformance with this DSA.
11.4. Any disclosure of Data contrary to this DSA is unauthorized, subject to penalties identified in
law,and may result in DAHP terminating Data access for Appendix A and B individual(s)
and restrictions placed on future agreements with the Receiving Party.
12. Incident Notification and Response
12.1. The Receiving Parting agrees to implement the Confidential Information into its existing
cyber security incident response plan(s) and incorporate the following protocols to ensure the
security of DAHP Data:
12.1.1. Within one(1) business day of data incident or breach discovery, notify DAHP of
compromise(or a potential compromise)of this DSA's Confidential Information that may
be a breach which requires notice to affected individuals under RCW 42.56.590, RCW
19.255.010, or any other applicable breach notification law or rule.
12.1.2. Keep DAHP apprised of remediation progress at regular and timely intervals.
12.1.3. If the Receiving Party does not have complete details about the incident,they will report
what information is available and seek to provide full details within fifteen(15)business
days of discovery.
12.1.4. To the extent possible, initial reports from the Receiving Party to DAHP must include at
least the following:
12.1.4.1. The nature of the unauthorized use or disclosure, including a brief description of
what happened, the date of the event(s),and the date of discovery;
12.1.4.2. A description of the types of information involved;
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12.1.4.3. The investigative and remedial actions the Receiving Party or its Contractor took
or will take to prevent and mitigate harmful effects and protect against recurrence;
12.1.4.4. Any details necessary to determine whether the incident is a breach that requires
notification under RCW 19.255.010, RCW 42.56.590, or any other applicable
breach notification law or rule;
12.1.4.5. Any other information DAHP reasonably requests.
12.1.5. The Receiving Party agrees to take actions to mitigate the risk of loss and comply with
any notification or other requirements imposed by law or DAHP.
12.1.6. If notification to individuals, in the sole judgment of DAHP, be made, the Receiving
Party shall further cooperate and facilitate notification to required parties, which may
include notification to affected individuals,the media,the Attorney General's Office,
affected tribe(s), or other authorities based on applicable law;
12.1.7. At DAHP's discretion, the Receiving Party may be required to fulfill notification
requirements directly. However, if DAHP elects to perform the notifications, the
Receiving Party shall reimburse DAHP for all associated costs.
12.1.8. The Receiving Party shall be responsible for all costs incurred in connection with a
security incident, privacy breach, or potential compromise of data, including:
12.1.8.1. Computer forensics assistance to assess the impact of a data breach,determine the
root cause, and help determine whether and the extent to which notification must
be provided to comply with breach notification laws;
12.1.8.2. Notification and call center services for individuals affected by a security incident
or privacy breach, including fraud prevention,credit monitoring, and identity theft
assistance;
12.1.8.3. Regulatory defense, fines, and penalties from any claim in the form of a
regulatory proceeding resulting from a violation of any applicable privacy or
security law(s)or regulation(s),etc.
12.1.9. The Receiving Party further understands that their obligations regarding breach
notifications survive the termination of this DSA for any breach or potential breach at any
time and continue for as long as the Receiving Party maintains the Data.
13. Term and Termination
13.1. This DSA begins on the Effective Date and will continue for seven(7)years unless
terminated earlier in a written agreement signed by the parties(the "Term").
13.2. This DSA may be extended by mutual agreement by a written amendment signed by the
parties.
13.3. Either party may terminate this DSA with ten(10) days' written notice.
13.4. The Data protection, confidentiality, use, and disposition requirements of this DSA shall
survive termination for as long as either party is in possession of Confidential Information.
13.5. DAHP may terminate this DSA for default, in whole or in part, by written notice to the
Receiving Party if DAHP has a reasonable basis to believe that the Receiving Party has:
13.5.1. Failed to perform under any provision of this DSA;
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13.5.2. Violated any law, regulation, rule, or ordinance applicable to this DSA;
13.5.3. Otherwise breached any provision or condition of this DSA.
13.6. If it is later determined that the Receiving Party was not in default, the termination shall be
considered a termination for convenience.
13.7. In the event either party becomes aware that the Receiving Party has inadvertently or
otherwise unintentionally failed to comply with a mandatory condition of this DSA, such
party shall provide prompt written notice to the other wherein the parties thereafter shall
cooperate to cure any such failure.
13.7.1. If the Receiving Party thereafter fails to cure a material failure to comply with a
mandatory condition of this DSA, DAHP may declare this DSA to be in default.
13.8. In the event this DSA is terminated (and to the extent allowed under applicable records
retention or other laws), the Receiving Party shall return to DAHP its physical copies of
Confidential Information and shall certify (through the "Disposal Certification of DSA
Confidential Information" supplied in Appendix D)that all digital and physical DSA covered
Data has been permanently deleted from all Receiving Party IT systems (i.e., procured
software solutions, virtual/physical servers, other storage systems).
14. Indemnification
14.1. The Receiving Party and its Contractors shall be responsible for and shall indemnify,defend,
and hold DAHP harmless from any and all claims, costs, charges, penalties, demands, losses,
liabilities, damages,judgments, or fines of whatsoever kind of nature arising out of or relating
to:
14.1.1. The Receiving Party's or any Contractors' performance or failure to perform this DSA;
14.1.2. The acts or omissions of the Receiving Party or any Contractor.
14.2. The Receiving Party's duty to indemnify,defend, and hold DAHP harmless from any and all
claims, costs, charges, penalties, demands, losses, liabilities, damages,judgments, or fines
shall include DAHP's personnel-related costs, reasonable attorney's fees, court costs,and all
related expenses.
14.3. The Receiving Party waives its immunity under Title 51 RCW to the extent required to
indemnify, defend, and hold the State and its agencies, officials, agents, or employees
harmless.
14.4. Nothing in this DSA shall be construed as a modification or limitation on the Receiving
Party's obligation to procure insurance in accordance with this DSA or the scope of said
insurance.
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IN WITNESS WHEREOF,the parties hereto have executed this DSA as of the last date written below:
For the Department of Archaeology&Historic For Jefferson County
Preservation
By: Heidi Eisenhour,Chair
By: Morgan McLemore,GIS Manager Board of County Commissioners
(360)972-4007 (360)385-9100
Morgan.McLemore@dahp.wa.gov heisenhour@co.jefferson.wa.us
Date Date
Approved as to form only:
for 05/29/2025
hilip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
DATA SHARING AGREEMENT
DATA DOWNLOADER
The Jefferson County has identified the following person as their Data Downloader to perform the tasks
and responsibilities outlined within the Data Sharing Agreement (DSA) listed above.
Downloader Name Kevin Hitchcock
Title GIS Administrator
Department/Unit Central Services
Email kmhitchcoclaco jefferson.wa.us
Phone Number (360)385-9365
Address 1820 Jefferson St, Port Townsend, WA 98368
Downloader Name Michael Perin
Title GIS Analyst
Department/Unit Central Services
Email mperin'g:co jefferson.wa.us
Phone Number (360)385-9148
Address 1820 Jefferson St, Port Townsend, WA 98368
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APPENDIX B
DATA SHARING AGREEMENT
AUTHORIZED USER LIST
Per the parameters specified within the Data Sharing Agreement(DSA) listed above, the Jefferson
County has identified the following person(s) as authorized users of DAHP Confidential Information.
Name Title Phone Email
Josh Peters Community jpeters(&co.jefferson.w.us
Development Director (360)385-4450
Development Code ghallard@cojefferson.wa.us
Greg Ballard (360)385-4450
Administrator
Mo-chi Lindblad Principal Planner (360)385-4450 mlindblad�co jefferson.wa.us
David Wayne Associate Planner (360)385-4450 djohnson@cojefferson.wa.us
Johnson
Donna Frostholm Associate Planner (360)385-4450 dfrostholm@cojefferson.wa.us
Joel Peterson Associate Planner (360)385-4450 ipeterson(aco jefferson.wa.us
Andrew Gosnell Associate Planner (360)385-4450 agosnell@co.jefferson.wa.us
George Terry Associate Planner (360)385-4450 gterryco jefferson.wa.us
Lila Stanfield Assistant Planner (360)385-4450 Istanfield(aco jefferson.wa.us
Emily Calkins Planning Technician (360)385-4450 ecalkins@cojefferson.wa.us
Nicki Akins Code Compliance
Coordinator (360)385-4450 natkins@codefferson.wa.us
Michael Byers Community
y Development Tech (360)385-4450 mbyers@co jefferson.wa.us
Kevin Hitchcock GIS Coordinator/ (360)385-9365 kmhitchcock@co.jefferson.wa.us
Administrator
Michael Perin GIS Analyst (360)385-9148 mperin@co.jefferson.wa.us
Monte Reinders Public Works Director (360)385-9160 mreinders(aico jefferson.wa.us
/County Engineer
Asst. Public Works
Eric Kuzma Director/ Engineering (360)385-9160 ekuzma@co jefferson.wa.us
Services Manager
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APPENDIX C
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
Between the
Washington State Department of Archaeology and Historic Preservation
and
REPRESENTING
Name of Authorized User Name of Receiving Party
I hereby acknowledge that I am accessing/reviewing/copying/administering Confidential Information
exempt from public disclosure per RCW 42.56.300. As an Authorized User, I am responsible for
following the details outlined within the Data Sharing Agreement (DSA) identified above.
NOTICE— The Confidential Information (as defined within the DSA listed above)generated by the
Department of Archaeology and Historic Preservation (DAHP) is provided on an "AS IS, "AS
AVAILABLE," "WITH ALL FAULTS"basis, is collected from various sources, and will change over
time without notice. The Confidential Information is not intended to constitute advice or be used as a
substitute for specific advice from a professional. Action or inaction based upon the DSA Confidential
Information without independently verifying the information and, as necessary, obtaining professional
advice regarding the project's particular facts and circumstances. Neither DAHP nor any of its officials,
employees, or agents:
1.) Make any warranty of any kind for the DSA-covered Confidential Information, express or implied,
including but not limited to any warranties of merchantability or fitness for a particular purpose, nor
shall its distribution constitute any warranty.
2.)Assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
or usefulness of any information provided, nor do they represent that its use will not infringe
privately owned rights.
I hereby acknowledge that I will comply with this DSA under penalty of perjury.
Authorized User Signature Date
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APPENDIX D
DISPOSAL CERTIFICATION OF DSA CONFIDENTIAL INFORMATION
Between the
Washington State Department of Archaeology and Historic Preservation
and
Jefferson County
In accordance with the Data Sharing Agreement(DSA) listed above and on behalf of the Receiving
Party, I hereby certify that all physical and digital DSA-covered Confidential Information has been
securely destroyed. There are no remnant versions of said Data within my organization's procured
physical or digital information technology solutions(i.e., servers, storage devices, infrastructure as a
solution, software as a solution, endpoint devices, paper repositories, etc.).
Description of
Confidential
Information
Destruction/Return
Date
Method(s)of
Disposal/Return
DSA Confidential Information Disposed of by:
Signature Date
Printed Name Title
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