HomeMy WebLinkAboutWashington State Transit Insurance Pool•
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98502 I 360-786-1620 I www.wstip.org
Interlocal Agreement
for
Driver Record Monitoring Services
This Interlocal Agreement (the "Agreement") is entered into this 20th day of October, 2015 by
and between Washington State Transit Insurance Pool ("WSTIP"), having its principal place of business
at 2629 12th Court SW, Olympia WA, 98502, and Mason County, (` County"), having its principal place of
business at 411 North 5th Street, Shelton, WA 98584. WSTIP and County may be referred to herein
individually as "Party' and collectively as "Parties."
WHEREAS, RCW 39.34.080, a section of the Interlocal Cooperation Act, allows governmental
entities to contract with one another to accomplish things cooperatively that each could do on its own; and
WHEREAS, WSTIP, a joint self-insurance program authorized under RCW 48.62.031 has
established a driver record monitoring program for purposes of monitoring driving and certain judicial
records of employees who operate motor vehicles in the course of their work (the "Program"), and
WHEREAS, in furtherance of the Program, WSTIP has entered into a contract with the
Washington State Department of Licensing ("DOL") to provide DOL driver data for the Program as well as
that certain contract with Data Driven Safety, Inc. (` DDS") dated January 1, 2016, (the "DDS Agreement",
which is attached hereto as Exhibit A) to allow WSTIP and governmental entities within the state of
Washington that enter into an Interlocal Agreement with WSTIP to use DDS's `Envision Software" as the
primary user interface and tool for the Program, which also incorporates access to certain databases and
information provided by DDS;
WHEREAS, Mason County ("County") wishes to utilize the Program established by WSTIP and
take advantage of WSTIP's existing relationships and contracts with DOL and DDS so that County may
similarly monitor its employees for driving record changes and criminal convictions; and
WHEREAS, the respective governing bodies of the Parties have each authorized execution of
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, it is hereby
agreed as follows:
1. Obligations of WSTIP. WSTIP will take necessary actions to allow County to take advantage of
the benefits of the DDS Agreement and access the Program and the Envision Software to monitor activity
and events in the driving and certain judicial records of its employees and volunteers.
2. County is Interlocal Subscriber. County hereby agrees to be bound by the DDS Agreement as
an "Interlocal Subscriber', as such term is defined in the DDS Agreement, and to comply with all of the
terms, conditions and obligations therein.
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 1 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98502 1 360-786-1620 I www.wstip.org
3. Security and Confidentiality. WSTIP's contracts with DOL and DDS require County to meet the
below security and confidentiality requirements. WSTIP will not allow continued access to the databases
if in its discretion County does not meet the security and confidentially requirements listed below:
• Employees with access to the driver record monitoring program sign and submit
confidentiality agreements to WSTIP that are substantially in the form as attached hereto as
Exhibit B;
• Maintain physical security of files and paper records that include private driver information;
• Utilize proper disposal of any files and paperwork to ensure the confidentiality of private
driver information;
• Utilize hardened passwords, maintain the security of those passwords, and promptly change
passwords when requested;
• Promptly update the driver lists and data within the driver record monitoring system and
administrator access to the driver record monitoring system,
• Information obtained from the Program will be used for the purpose of allowing employees
and/or volunteers to drive County vehicles and/or for the purposes of employment by the
County; and
• Participate in WSTIP or DDS program and/or security training or briefings.
4. Obligations of County. County shall:
a. Access, utilize, or share information obtained through the Program only with its employees
involved in the implementation of the Program or auditors, regulators, or others entitled to
access the information;
b. Appoint at least two program administrators who shall execute confidentiality agreements
with WSTIP (Exhibit B);
c. Verify the accuracy of new driver data by checking the DOL website prior to loading driver
information; and
d. Keep its list of monitored drivers up to date at least monthly; promptly removing employees
no longer with the County, and updating driver information for name, birthdate, endorsement/
certifications, and driver license number changes.
5. Program Options and Fees. County's fees it must pay to WSTIP are as set forth in Appendix 1
and are based on fees for the service outlined below:
a. Basic service includes (1) weekly license validity checking, (2) monthly monitoring of the
DOL database and a driver abstract if DOL record shows activity is found; and (3) program
administrator instruction.
b. Premium service Includes: (1) the basic service and (2) daily monitoring of judicial records
for traffic/criminal citations and convictions.
6. Fee Increases. From time to time DOL and DDS may increase the fees they charge for access
to the databases and/or the Envision Software. In the event of fee Increases, WSTIP will notify County of
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 2 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98502 I 360486-1620 I www.wstip.org
the increase and its effective date. WSTIP will pass the fee increase along to County. If County finds the
increase unacceptable, it may terminate this Agreement as provided herein.
7. New Services. From time to time DOL and DDS may offer new products or services to WSTIP
which WSTIP will likewise offer to County. County may, in its sole discretion, elect to obtain such
services.
8. Invoices. WSTIP will invoice County monthly for all services and fees. Invoices are payable
upon receipt and are past due if not paid within thirty (30) days. Past due invoices bear interest at the
rate of twelve percent per annum.
9. Hold harmless and Indemnity. County shall hold harmless, indemnify, and defend WSTIP,
DOL, and DDS, together with their officers, employees and agents, from any and all claims, actions,
suits, damages, and expenses (including reasonable attorney's fees) arising from the County's use of the
Program, including the Envision Software; provided, this hold harmless, indemnity and defense obligation
shall not extend to any person or entity solely responsible for the event or activity giving rise to the claim,
action, suit, damage, or expense. For clarification purposes only, County is not a member of the 'WSTIP
Organization', as such term is defined in the DDS Agreement, and WSTIP is not responsible for the
actions or inactions of County.
10. Compliance with Laws. The Parties shall comply with all state, federal, and local laws in the
implementation and operation of the Program.
11. Duration. This Agreement shall be perpetual until terminated as provide herein.
12. Termination. Either party may terminate this agreement upon thirty (30) days' written notice to
the other party.
13. Disputes. The Parties shall seek to resolve all disputes by negotiation and agreement. Neither
party may bring suit with respect to this Agreement without first attempting to resolve the dispute through
mediation. Any mediation shall be through Judicial Dispute Resolution LLC or some other mutually
acceptable mediation service. The exclusive venue for any suit with respect to this Agreement shall be in
Thurston County, and both Parties irrevocably submit to the venue and jurisdiction of such courts.
14. Posting Agreement. Following execution of this agreement each Party shall file it as required by
RCW 39.34.040.
[Signature Page to Follow]
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 3 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW [ Olympia,' WA 98502 1 360-786-1620 www.wstip.org
IN WITNESS WHEREOF, the Parties, by and through their authorized representatives, have
executed this Agreement as of the last date listed below.
MASON COUNTY CO
By 1
S r HERS
et
Commissioner Randy Neatheri h, Chair
WAS
By
GTON STATE TSIT INSURANCE POOL
PI/L. h
Date:10/20/2015
Date: tkjcL(Z(JIS
Allen F. Hatten, Executive Director
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 4 of 7
„004k
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98502 I 360-786-1620 I www.wstip.org
Appendix 1
Driver Record Monitoring Fee Schedule
January 1, 2016 to December 31, 2020
As of January 1, 2016
1. Basic service is $1.18 per driver per month.
2. Premium service is $3.68 per driver per month (includes basic service)
As of January 1, 2017
Basic service is $1.22 per driver per month.
Premium service is $3.79 per driver per month (includes basic service)
As of January 1, 2018
1. Basic service is $1.26 per driver per month.
2. Premium service is $3.90 per driver per month (includes basic service)
As of January 1, 2019
1. Basic service is $1.29 per driver per month.
2. Premium service is $4.02 per driver per month (includes basic service)
As of January 1, 2020
1. Basic service is $1.33 per driver per month.
2. Premium service is $4.14 per driver per month (includes basic service)
WSTIP will honor an offer of a promotional or trial service for no -cost or reduced cost
premium service made between DDS and an Interlocal Subscriber for a maximum of six
months.
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 5 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL ( RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98502 i 360-786-1620 ( www.wstip.org
Exhibit A
DDS Agreement
(Separate document)
This is a large file. For ease of access, we have loaded it
In Box.Com
https://wstip.box.com/sharedistatic/ne401gwx6h6inu8hu8m183u9161 pwl ua.pdf
If this Zink does not work, please contact Tracey Christianson
tracev(c 3wstip.orq
360 786 1628
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 6 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
P 2629 12th Court SW I Olympia, WA 98502 ( 360-786-1620 I www.wstip.org
Exhibit B
Confidentiality Agreement Form
(Separate document)
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and Mason County
Page 7of7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
F' 2629 12th Court SW I Olympia, WA 98502 I 360-786-1620 I www.wstip.org
Administrator Confidentiality Agreement
for
Driver Record Monitoring
I understand my agency utilizes a service provided by the Washington State Transit Insurance Pool
(`WSTIP") and its agent Data Driven Safety, Inc. ("DDS') to monitor activity on driver records (the
"Program' ), and I have been appointed as an Administrator for the monitoring service. The Program is,
commonly referred to as "Envision", which is the software used in the Program.
I hereby certify:
1. That the WSTIP and its agent DDS is acting as an agent for my agency to monitor driver records
and obtain driver record information and/or the abstract of driver records from various sources
including the Washington State Department of Licensing.
2. That the driver record information and/or abstract of driver records shall be used exclusively to
determine (i) whether a volunteer vanpool driver meets insurance and risk management
requirements necessary to drive a vehicle owned by my agency, or (ii) whether an employee may
continue to operate a motor vehicle owned and utilized in the performance of their duties for
e mployment and risk management purposes. At no time will I allow information contained in or
related to the Program to be divulged, sold, assigned, or otherwise transferred to any third person
o r party.
3. That the information contained in the abstracts of driver records obtained from the Program shall
be used in accordance with the requirements as set forth in RCW 46.52.130.
As Administrator for this service, I understand my responsibilities are to:
• Have at least two program administrators (one primary and one secondary).
• Ensure the monitored drivers have either consented in writing to be monitored using the
appropriate release (employee or vanpool release) AND/OR educate drivers regarding the
monitoring service and privacy issues.
o Provide such consent documentation to WSTIP within two business days if requested
• Secure files, paperwork, or consent records that include drivers' personal private information
• Utilize security protocols for accessing the driver monitoring program including:
o Using a hardened password
o Maintaining security of my password
o Refraining from sharing my password
o Promptly changing my password when requested.
• Verify the accuracy of new driver data by checking the DOL website prior to loading driver
information; and
Keep its list of monitored drivers up to date at least monthly; promptly removing employees no
longer with the Agency, and updating driver information for name, birthdate, endorsement/
certifications, and driver license number changes.
•
Page 1 of 2
THIS IS EXHIBIT B FOR INTERLOCAL SUBSCRIBERS
Form Date: 2015 08 28
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629.12th Court SW I Olympia, WA 98502 I 360486-1620 I www.wstip.org
• Refrain from sending any person's personal private information by unsecure means including
email
• Participate in training programs provided by WSTIP and DDS.
• Determine how often or if I receive Envision notifications.
If I have been selected as the Primary Administrator, my additional responsibilities are to:
• Understand how my account is configured. Turn on or off features with DDS and communicate
the configuration and alterations to other administrators.
• Understand I am only person that can delete citation information from our account.
• Ensure all other Administrators and secondary user (read-only) accounts are valid.
• Terminate access for other Administrators and secondary (read-only) users should they leave
employment or their job responsibilities change and access to driver record monitoring system is
no longer needed.
o To terminate access, I will contact both WSTIP and DDS
• Add new Administrators and secondary (read-only) users and determine their rights and
responsibilities.
• See to the adequate training of new Administrators and secondary users.
If I am a secondary user, I understand:
• I have the same security responsibilities as all other administrators
• I have read-only access to driver information in Envision.
By affirming my signature below, I declare that the forgoing is true and correct.
If you are the Primary Administrator, check here:
If you are an Administrator, check here:
If you are the secondary user, check here:
t t fi' . ri
Company Name
411
Address
LO
rint)
frte+, l , L 14 9 f<EZZLi
•
1T1 ) nl
Jizzliej
Signature a d Date �)
,Lenff, 1 - S
Email address and Business Phone
Group or Subgroup You Are Monitoring
mployee ■ Vanpool ❑ Other
Page 2 of 2
THIS IS EXHIBIT B FOR INTERLOCAL SUBSCRIBERS
Form Date: 2015 08 28