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HomeMy WebLinkAbout044-25 - WA State Military Department - ContractDocusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF Agreement No. EOC25-004 WebEOC Government Entity User Agreement Between WASHINGTON STATE MILITARY DEPARTMENT (MIL) and City of Port Orchard (GOV User) This Government Entity User Agreement is entered into by and between the Washington State Military Department (MIL) and the City of Port Orchard 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 Rob Putaansuu Name Isaac Keith Title Mayor Title WebEOC Administrator E-Mail rputaansuu@portorchardwa.gov E-Mail Isaac. Keith(a)mil.wa.aov Phone 360-876-4407 Phone 253-512-7347 Address 216 Prospect St Port Orchard, WA 98366 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. 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 Webelos 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. WebEOC Agreement - GOV User Page 1 of 4 City of Port Orchard, EOC25-004 Docusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF 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 38.52. No other use shall be permitted, and personal use is prohibited. Users 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. Q 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). For Tier I records, MIL will process all requests received for WebEOC records in accordance with MIL's Public Records Policy. WebEOC Agreement — GOV User Page 2 of 4 City of Port Orchard, EOC25-004 Docusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF 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. 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. 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. 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. 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. WebEOC Agreement — GOV User Page 3 of 4 City of Port Orchard, EOC25-004 Docusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF 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. 10. Displaying Information Users are not permitted to display information on, or provide demonstrations of, WebEOC to contractors, vendors, or unauthorized persons at any time. WebEOC is not to be displayed where it could be viewed by unauthorized persons, the general public, or the news media. Refer any such requests to view WebEOC to the WebEOC Administrator. 11. Demonstrating the Software Users are not permitted to demonstrate the software to unauthorized persons, vendors, contractors, and/or private companies involved in software development. Failure to comply with this requirement is a direct violation of the WebEOC license and may carry civil penalties in addition to resulting in termination of WebEOC access privileges and appropriate disciplinary action. 12. 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: City of Port Orchard Print Name: Rob Putaansuu Title: Mavor Signaturel: r6� N&Al -smt Date: April 22, 2025 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: Regan Anne Hesse Title: Chief Financial Officer Signature: Digitally signed by Regan Hesse Date: 2025.04.30 16:12:00 -07'00' Date: BOILERPLATE APPROVED AS TO FORM: Dawn C. Cortez (signature on file 01/14/2021) Assistant Attorney General WebEOC Agreement — GOV User Page 4 of 4 City of Port Orchard, EOC25-004 Docusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF SIGNATURE AUTHORIZATION FORM (SAF) WASHINGTON MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on page 2 before completing this form. NAME OF ORGANIZATION City of Port Orchard DATE SUBMITTED CONTRACT 1 PROJECT DESCRIPTION WebEOC CONTRACT NUMBER 1. AUTHORIZING AUTHORITY PHYSICAL SIGNATURE o¢usigY:GNATURE PRINT OR TYPE NAME TITLE tAb1bCAE Denis Ryan Public Works Director Aff t°ww Matt Brown Chief of Police 2. AUTHORIZED TO SIGN CONTRACTS 1 AMENDMENTS PHYSICAL SIGNATURE ignedb'SIGNATURE PRINT OR TYPE NAME TITLE 3 has 96492E3F5847D... Rob Putaansuu Mayor 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT PHYSICAL SIGNATURE E-SIGNATURE cusigned by: PRINT OR TYPE NAME TITLE 1(2�5'61�'� L02ignedb .c' Denis Ryan Public Works Director 08 CA3483794C5... Matt Brown Chief of Police °&W 800EE13C098499... Noah Crocker Finance Director SAS= Revised 5/8/2024 Page of Docusign Envelope ID: 9973C3C4-4E05-4384-994C-AAFF596DB8EF INSTRUCTIONS FOR THE SIGNATURE AUTHORIZATION FORM (SAF) This form identifies the authorizing authority(ies) and person(s) who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contracts with the Washington Military Department (WMD). Please complete all sections. The signature and/or e-signatures included on this SAF must match what is on the contracts, amendment, debarment form, and A-19 invoice voucher submitted. It is required that the signatures in WMD's files are current. Changes in staffing or responsibilities will require a new SAF. At least one person must be assigned to each of the three roles and the same person can be assigned to multiple roles. If more than one individual will be signing a contract, amendment, or reimbursement request please make sure everyone signs this form. If additional lines are needed, please fill out two forms and title them 1 of 2 and 2 of 2. 1. Authorizing Authority. Generally, the person(s) signing in this section heads the organization such as the chief executive office. In some cases, other employees within the organization may have been delegated this authority. 2. Authorized to Sign Contracts / Amendments. The person(s) given the authority to bind the organization to the terms and conditions of the contract. 3. Authorized to Sign Requests for Reimbursement. Often the chief financial officer or members of the accounts receivable team. When a request for reimbursement is received, the signature on the A-19 invoice voucher is verified that it matches the signature on this form. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. The payment can be delayed if the request is presented without the proper signature. Once filled out, send the original to WMD with the signed contract. It is recommended you keep a copy with the executed contract in your files. If you have any questions regarding this form or to request new forms, please email the contracts office at contracts. office@mil.wa.gov.