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WSTIP Driver Record Monitoring Services - Interlocal Agreement WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION -r. 2629 12th Court SW I Olympia,WA 98502 ( 360-786-1620 ( 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 &�i �� WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION � � 2529'12th Court SW I Olympia,WA 98502 i 360-78$-'1620 ( 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 ACTP WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION -- a 2629 12th Court SW I Olympia,WA 98502 i 360-786-1620 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 C„r WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION 2629 12th Court SW I Olympia,WA 98502 I 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 COIF XS � ERS By �'� Date:10/20/2015 CommissionS Randy Neather , Chair WAS I�IGTON STATEMITINSURANCE POOL By X �W� :�L'�.� Date: C 'L Allen F. Hatten, Executive Director Interlocal Agreement for Driver Record Monitoring Services Washington State Transit Insurance Pool and Mason County Page 4 of 7 � WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION -w 2629 12th Court SW I Olympia,WA 98502 1 360-786-1620 i www.wstip.org Vnp 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 1. Basic service is$1.22 per driver per month. 2. 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 P 2629 12th Court SW I Olympia,WA 98502 ( 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:llwstip.box.com/shared/static/ne40lgwx6h6inu8hu8ml83u9l6l pwl ua.pdf If this link does not work, please contact Tracey Christianson traceyAwstip.org 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 2629 12th Court SW I Olympia,WA 98502 1 360-786-1620 1 www.wstip.org wvsnp Exhibit B Confidentiality Agreement Form (Separate document) Interlocal Agreement for Driver Record Monitoring Services Washington State Transit Insurance Pool and Mason County Page 7 of 7 WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION -w 2629 12th Court SW I Olympia,WA 98502 1 360-786-1620 1 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 employment 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 or 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 Isw 262912th Court SW I Olympia,WA 98502 1 360-786-1620 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 • 1 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: ❑ Y Ili'. Company Name - Address ill LI �� Na rint) Signature a d Date Email address and Business Phone Group or Subgroup You Are Monitoring I'VEmployee ❑Vanpool ❑ Other Page 2 of 2 THIS IS EXHIBIT B FOR INTERLOCAL SUBSCRIBERS Form Date:2015 08 28