HomeMy WebLinkAboutResolutions - 2022-05 - Authorizing an agreement with Embark Safety for Driver Record Monitoring Services, DRM, acknowledge termination of ILA with the Washington State Transit Insurance Pool, Res 2015-20, WSTIP - 2/1/2022City of East Wenatchee Resolution 2022-05 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2022-05
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute an agreement with Embark Safety for Driver Record
Monitoring (DRM) Services and acknowledging termination of the
Interlocal agreement with Washington State Transit Insurance Pool that
was authorized by Resolution 2015-20.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711
(TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
organize and regulate its internal affairs and to define the powers,
functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an
Agreement with Embark Safety for driver record monitoring (DRM)
services as presented in Exhibit A.
3.1. Ending the Washington State Transit Insurance Pool Interlocal
Agreement for Driver Record Monitoring Services effective
12/31/2021 (Resolution 2015-20).
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration shall
not affect the validity of the other provisions of this Resolution.
1. EMBARK SAFETY SERVICES. Embark Safety is defined as a “consumer reporting agency” pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”) and applicable state law.
The FCRA-regulated screening reports that Embark Safety furnishes pursuant to this Agreement are defined by the FCRA and applicable state law as “consumer reports” and/or “investigative
consumer reports” (collectively, “Screening Reports”). Subject to the terms and conditions of this Agreement, and upon Subscriber’s request, Embark Safety will furnish Screening Reports and the
related services described in this Agreement in connection with Subscriber’s screening of job applicants, employees and/or other individuals for which Embark Safety provides information for
legally permissible purposes (each, an “Applicant”). Subscriber acknowledges and agrees that Embark Safety may fulfill its services under this Agreement through its affiliates and subsidiaries,
provided, Embark Safety shall remain solely responsible for its obligations under this Agreement. Embark Safety relies on the information furnished by third-party information suppliers
(“Suppliers”) and Embark Safety clients when preparing Screening Reports. References to “Screening Report(s)” refer to an entire Screening Report as well as any specific information contained in
a Screening Report. If Subscriber obtains services from Embark Safety under this Agreement that fall outside the scope of the FCRA and similar United States laws (collectively, “Non-US
Services”), the parties will enter into appropriate addenda setting forth their respective rights and obligations related to such Non-US Services. Except as otherwise established by the laws and
regulations governing Non-US Services, all other terms and conditions of this Agreement will apply to the Non-US Services.
2. SUBSCRIBER OBLIGATIONS.
(a) Compliance with FCRA and other Applicable Laws. Subscriber shall comply with all local, state, federal, and international laws and regulations (collectively, “Laws”) applicable to Subscriber in
connection with its procurement and use of Screening Reports and other services provided pursuant to this Agreement. In utilizing Embark Safety’s FCRA-regulated services, Subscriber is
considered a “user” of Screening Reports under the FCRA and applicable state law. Subscriber shall comply with its certifications and obligations set forth in Attachment A. Subscriber
acknowledges it has received, reviewed and will comply with its obligations in the Notice to Users of Consumer Reports: Obligations Of Users Under The FCRA available at:
http://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf . Subscriber acknowledges that if it obtains Non-US Services under this Agreement, Subscriber
may have additional or different legal obligations than those described in this section. Subscriber shall comply with all such obligations. Subscriber shall promptly notify Embark Safety if
Subscriber believes it has failed to fulfill any obligation in this Agreement, including, without limitation, those obligations related to confidentiality, consumer privacy, data protection, and
compliance with Laws.
(b) Account Access and Maintenance. Subscriber shall designate to Embark Safety the name of a “Super User(s)” who shall be: (i) Subscriber’s main contact(s) for the services obtained under this
Agreement, and (ii) responsible for the strict administration and control of Subscriber’s account identification numbers and passwords. The Super User(s) shall identify and authorize all
Subscriber account users and their respective access privileges, and promptly notify Embark Safety of any changes of account users and/or if any account identification numbers or passwords
become invalid, inactive or compromised in any manner. In accordance with Section 4, a Super User may be an Outsourced Provider.
(c) Data Privacy and Security. Subscriber shall maintain reasonable and appropriate technical, physical, administrative and other organizational precautions and security measures to protect
against unauthorized access to and/or misuse of the Embark Safety system and Screening Reports. At a minimum, Subscriber shall comply with the Information Access & Security Requirements
set forth in Attachment A. Embark Safety may, in its reasonable discretion and without penalty, suspend and, upon written notice, cancel Subscriber’s account if Embark Safety reasonably
suspects or identifies any misuse of or unauthorized access to its system and/or Screening Reports through Subscriber’s account.
(d) Audits and Record Retention. Embark Safety and/or its Suppliers or their designated representatives may conduct reasonable periodic audits of Subscriber’s compliance with this Agreement.
Unless otherwise required by applicable Laws, Subscriber shall maintain copies of all Applicant consent forms and pre-adverse and adverse action notices (as further described in Attachment A)
for a minimum period of five (5) years, and Subscriber shall, upon reasonable advance notice, during its normal business hours, make available to Embark Safety and/or its Suppliers or their
designated representatives such documentation reasonably requested to demonstrate Subscriber’s compliance with its obligations in this Agreement. If Subscriber becomes aware of an audit
initiated by a third-party involving Embark Safety’s services provided pursuant to this Agreement, Subscriber shall provide Embark Safety prompt written notice of the audit. Unless otherwise
required by applicable Laws, Subscriber shall not provide access to its Embark Safety account to any auditing party unless Embark Safety consents to such request and an Embark Safety
representative participates in the review/audit.
(e) Prohibition on Resale or Reuse of Reports. Except as otherwise set forth in this Agreement, Subscriber shall not, directly or indirectly, sell, transfer, disclose the contents of or distribute
Screening Reports, in whole or in part, to any third-party (other than to the applicable Applicant or in conjunction with a Required Disclosure). Subscriber shall use Screening Reports solely as an
end-user, for a single, one-time use.
(f) Compliance; No Legal Advice. Subscriber acknowledges that Embark Safety will not render any opinions regarding Screening Report content, and Subscriber shall base its screening processes,
guidelines and decisions on its own policies and procedures. Any consultation, training and forms provided by Embark Safety are provided for informational purposes only, and not for the
purpose of providing legal advice. EMBARK SAFETY STRONGLY RECOMMENDS THAT SUBSCRIBER CONSULT WITH ITS OWN LEGAL COUNSEL FAMILIAR WITH SUBSCRIBER’S UNIQUE
REQUIREMENTS AND LEGAL/REGULATORY OBLIGATIONS RELATED TO THE COMPLIANT PROCUREMENT AND USE OF SCREENING REPORTS AND OTHER SERVICES OBTAINED PURSUANT TO THIS
AGREEMENT.
3. EMBARK SAFETY OBLIGATIONS.
(a) Compliance with FCRA and Other Applicable Laws. Embark Safety shall comply with all Laws applicable to Embark Safety in its preparation and transmission of Screening Reports and other
services provided pursuant to this Agreement. Embark Safety acknowledges that if it provides Non-US Services under this Agreement, Embark Safety may have additional or different legal
obligations than those described in this section. Embark Safety shall comply with all such obligations.
(b) Service Performance. Upon Subscriber’s request, Embark Safety shall, in accordance with the terms of this Agreement, perform the services identified in the Schedule of Fees attached hereto
as Attachment B (“Schedule of Fees”).
(c) Data Privacy and Security. Embark Safety shall implement commercially reasonable and appropriate technical, physical and administrative measures to protect Applicant data against Embark
Safety’s accidental or unlawful destruction and unauthorized disclosure or access. Embark Safety is not responsible for disclosure or compromise of such data due to Subscriber’s acts or
omissions or otherwise resulting from use of Subscriber’s passwords or accounts, due to no fault of Embark Safety.
(d) Report Maintenance. Subject to Section 13(b), during the Term of this Agreement, Embark Safety shall maintain
Screening Report information for a minimum of five (5) years, unless otherwise required or prohibited by applicable Laws.
(e) Management Reports. Embark Safety shall provide Subscriber with Embark Safety’s standard “Management Reports” functionality to enable Subscriber to generate available reports relating
to Subscriber’s account activity.
(f) Service Standards; Disclaimer of Warranty. EMBARK SAFETY’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. EMBARK SAFETY
WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH SCREENING REPORT, AND EMBARK
SAFETY WILL RE-VERIFY ANY DISPUTED SCREENING REPORT IN ACCORDANCE WITH APPLICABLE LAWS. SUBSCRIBER ACKNOWLEDGES THAT EMBARK SAFETY IS NOT AN INSURER OR GUARANTOR
OF THE ACCURACY, RELIABILITY, VALIDITY, DEPTH OR COMPLETENESS OF THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND IS OBTAINED FROM
PUBLIC RECORDS AND OTHER THIRD-PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF EMBARK SAFETY AND MAY NOT ALWAYS BE ACCURATE, CONSISTENT, VALID OR COMPLETE.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EMBARK SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND NONINTERRUPTION OF
SYSTEM USE.
4. MOTOR VEHICLE REPORTS
(a) Motor Vehicle Records. Subscriber acknowledges and agrees that motor vehicle reports (“MVRs”) and related information are considered Screening Reports for purposes of this Agreement. If
Subscriber requests MVRs or related information from Embark Safety under this Agreement, then Subscriber further represents and agrees that: (i) it is qualified to do business and validly holds
all licenses required to operate Subscriber’s business in all states where Subscriber conducts business and/or has employees; (ii) it will comply with all applicable Laws related to the use and
review of MVRs, including, without limitation, the Driver’s Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”); (iii) it will not use the MVRs to build its own database; and (iv) it will, from time
to time upon Embark Safety’s request, execute paperwork required by applicable state Departments of Motor Vehicles and/or other data sources for Subscriber’s access to MVRs.
5. LIMITATION OF LIABILITY To the maximum extent permitted by applicable Laws, each party’s total liability to the other party pursuant to this Agreement (“Limitation of Liability”) shall not
exceed three (3) times the fees paid by Subscriber and collected by Embark Safety pursuant to this Agreement within the twelve (12) month period immediately preceding the event(s) giving rise
to the claim. Embark Safety’s liability shall be further limited to the extent that any Applicant conduct giving rise to the claim, and the damages sustained thereby, are reasonably of the same
class as the Screening Report record at issue. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Embark Safety and Subscriber shall each use good faith reasonable efforts to mitigate any potential damages or other
adverse consequences arising from or related to this Agreement.
6. INDEMNIFICATION Each party (“Indemnifying Party”) shall indemnify, defend and hold the other party (“Indemnified Party”) harmless from and against any third-party claims, demands, suits,
judgments, costs, expenses and liabilities, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), to the extent caused by the Indemnifying Party’s failure to comply with
the FCRA or other applicable Laws. With respect to Embark Safety’s liability for any Applicant Claim alleging inaccurate or incomplete Screening Report information, Subscriber shall, prior to
having taken any action adverse to the Applicant based on the Screening Report, have provided Embark Safety a reasonable opportunity to reinvestigate the disputed information in accordance
with Embark Safety’s FCRA-imposed reinvestigation obligations and deadlines. If Subscriber engages Embark Safety to perform professional reference checks, Subscriber further agrees to defend,
indemnify and hold Embark Safety harmless from and against all Claims with respect to the content of reference questions that have been customized at Subscriber’s request and the content of
the reference’s responses accurately reported by Embark Safety as received from the reference. Each party’s total aggregate liability shall not exceed the Limitation of Liability applicable to such
party as set forth in Section 5. An Indemnified Party seeking indemnification pursuant to this Agreement shall provide the Indemnifying Party with prompt written notice of a Claim and shall
cooperate with the Indemnifying Party in good faith and in all reasonable respects in connection with the defense of any such action at the expense of the Indemnifying Party. The Indemnified
Party may, at its option, participate in the defense of any such Claim, with its separate counsel and at its own cost, and the Indemnifying Party agrees to cooperate in good faith and in all
reasonable respects with such counsel; provided, however, that the Indemnifying Party shall have sole control of the defense and any settlement of such Claim or action, and the Indemnified
Party shall not compromise or settle any such Claim without the prior written consent of the Indemnifying Party. The Indemnifying Party shall not without the consent of the Indemnified Party
(such consent not to be unreasonably withheld, conditioned or delayed), enter into any settlement that requires a finding or admission of fault of the Indemnified Party, or reasonably can be
expected to require a material affirmative obligation of, result in any ongoing material liability to, or otherwise prejudice the Indemnified Party.
7. NOTICES Any notices regarding this Agreement: (i) must be in writing, (ii) must be delivered (a) by facsimile (with transmission confirmed), (b) in person, (c) by certified mail, return receipt
requested, postage pre-paid, or (d) by a nationally recognized overnight delivery service; (iii) must be delivered to the applicable party at the address set forth below in this section, or such other
address as a party may designate by notice in accordance with this section; and (iv) will be deemed given on the date of delivery.
If to Embark Safety: If to Subscriber:
Embark Safety COMPANY NAME (LEGAL ENTITY NAME): ___________________________________
PO BOX 780699
Orlando, FL 32878 CONTACT NAME: ___________________________________
Office (407) 536-7233
Fax: (877) 347-7745 ADDRESS: ___________________________________
CITY, STATE, ZIP CODE: ___________________________________
Compliance Certification; Information Access & Security Requirements
A. Subscriber Compliance Certification
Subscriber certifies to Embark Safety as follows with respect to each FCRA-regulated Screening Report Subscriber orders and/or receives:
1. Permissible Purpose. Subscriber shall procure and use Screening Reports only for the legally permissible purposes set forth in the Agreement.
2. Applicant Disclosure and Consent. Subscriber will ensure that prior to its procurement of a Screening Report for employment purposes: (i) Subscriber has made a clear and
conspicuous disclosure in writing to the Applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for
California Applicants, the disclosure shall also include the name, address and telephone number of Embark Safety, the nature and scope of the investigation requested, a summary of
the provisions of Ca. Civil Code §1786.22, and otherwise comply with Ca. Civil Code §1786.16); and (ii) the Applicant has authorized in writing the procurement of the Screening
Report by Subscriber (and for CA, OK and MN Applicants, Subscriber shall provide the Applicant, by means of a check box, an option by which the Applicant may indicate on their
written consent form that the Applicant wishes to receive a copy of any Screening Report that is prepared).
3. Pre-Adverse Action Disclosures. In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report,
Subscriber shall provide to the Applicant to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the Applicant under
the FCRA, as prescribed by the Federal Trade Commission under FCRA §609(c)(3) (“Summary of Consumer Rights”), and any other notices required by applicable Laws.
4. Adverse Action Disclosures. After providing the Applicant with the pre-adverse action disclosure described in paragraph 3 above, and after Subscriber has given the Applicant
reasonable time to dispute the information contained in their Screening Report, Subscriber will, if intending to take adverse action with respect to the Applicant based in whole or in
part on information contained in the Screening Report, send the Applicant a follow-up notification that the Subscriber is taking adverse action (e.g., denying employment or
promotion) based in whole or in part on the information contained in the Screening Report.
5. EEO Compliance. The information from the Screening Report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
6. Investigative Consumer Reports. For each Investigative Consumer Report, as defined by the FCRA (e.g., professional reference check), that Subscriber procures from Embark Safety,
Subscriber has complied with its obligations under FCRA §606(a) and (b), including, without limitation, the following: a) clearly and accurately disclosing to the Applicant that an
Investigative Consumer Report including information as to the Applicant’s character, general reputation, personal characteristics, and mode of living, whichever are applicable, may
be made, and such disclosure: i) is made in writing mailed, or otherwise delivered, to the Applicant not later than three days after the date on which the report was first requested;
and ii) includes a statement informing the Applicant of his right to request the additional disclosures provided for under FCRA §606(b) as set forth in (b.) below, and a written
Summary of Consumer Rights; and b) upon written request made by the Applicant within a reasonable period of time after the receipt by him of the disclosure required. Subscriber
will make a complete and accurate disclosure of the nature and scope of the investigation requested. The disclosure will be made in a writing mailed, or otherwise delivered, to the
Applicant not later than five days after the date on which the request for such disclosure was received from the Applicant or such report was first requested, whichever is the later.
B. Information Access & Security Requirements
1. Subscriber shall protect its Embark Safety account identification number(s) and password(s) (“Account I.D.’s”) so that only key Subscriber personnel with an authorized need-to-
know this sensitive information are given the ability to order and access Screening Reports. Subscriber shall not post or otherwise publicly display its Account I.D.’s. If a person who
knows the Account I.D.’s leaves Subscriber’s company or no longer needs to have access due to a change in duties, the Account I.D.’s should be changed immediately.
2. Subscriber shall place all terminal devices or systems used to obtain Screening Reports in a secure location within Subscriber’s facility so that unauthorized persons cannot easily
access them. After normal business hours or when left unattended, be sure to turn off and/or lock all such devices or systems used to access Screening Reports.
3. Subscriber shall secure hard copies and electronic files of Screening Reports within Subscriber’s facility so that only authorized personnel can access them.
4. Subscriber shall shred or otherwise permanently destroy all hard copy Screening Reports when no longer needed and when applicable regulation(s) permit destruction, to prevent
the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
5. Subscriber shall erase and overwrite or scramble electronic files containing Screening Reports and Applicant information when no longer needed and when applicable regulation(s)
permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
6. Subscriber shall make all appropriate employees aware that Subscriber can order and use Screening Reports only for permissible employment purposes, and that employees may
not order their own reports nor should they order or access the report of a family member or friend unless it is approved for the permissible employment purpose authorized in, and
conducted in accordance with this Agreement.
7. Subscriber shall, in addition to its other obligations in this Agreement, comply with the “Access Security Requirements” and hereby incorporated by reference into this Agreement.
Subscriber acknowledges that the Access Security Requirements are mandated by Embark Safety Supplier(s) and may be updated from time to time. By executing this Agreement,
Subscriber represents to Embark Safety that Subscriber has reviewed and will comply with the Access Security Requirements to the extent applicable to the products and services
Subscriber obtains from Embark Safety.
8. Subscribe must comply with all applicable laws that require the notification of individuals in the event of unauthorized release of Data or other event requiring notification.
Subscriber must disclose the breach to Embark Safety prior to any public notification. In the event of a breach of Subscriber’s security obligations or any permissible use as stated
herein, Subscriber must notify Embark Safety by telephone and e-mail of such an event within 24 hours of discovery (407)536-7233 admin@embarksafety.com
Subscriber must also cooperate with Embark Safety to complete notification of all necessary individuals as determined by Embark Safety. Subscriber must reimburse Embark Safety
for all costs associated with the notification, in addition to other reimbursable costs related to the breach.
Subscriber:
COMPANY NAME (LEGAL ENTITY NAME):
CONTACT NAME:
TITLE:
DATE:
AUTHORIZED SIGNATURE:
Embark Safety
Name: Edwin Sosa
Title: General Manager, Authorized member
Date:
Authorized Signature: ________________________________
Attachment B
Standard charges:
Monitoring / System Fee MVR Connection Fee: applies when an MVR is request or when a
new activity appears on a driver’s record
$0.65 per driver per month $0.50 + State fee
Additional charges:
Account Setup Fee: $1,000 - WAIVED
Optional Fees:
• $10/driver class assigned through the platform – optional
• PSP $10 + Connection Fee
• CDLIS $2 + Connection Fee
ACH FROM AUTHORIZATION
NAME ON ACCOUNT: Click here to enter text.
ACCOUNT HOLDER TYPE: Click here to enter text.
☐ INDIVIDUAL ☐ COMPANY
ROUTING NUMBER: Click here to enter text. ACCOUNT NUMBER: Click here to enter text.
ACCOUNT ADDRESS: Click here to enter text.
CITY: Click here to enter text. STATE: ZIP CODE:
I HEREBY AUTHORIZE EMBARK SAFETY LLC TO RETAIN THE ABOVE BANK ACCOUNT INFORMATION ON FILE TO PAY FUTURE ORDERS. I
ACKNOWLEDGE THE INFORMATION ABOVE IS CORRECT
☐ I AGREE
Attachment C
States Monitoring Frequency Requirements MVR Lookback State Fees Notes
Alabama Yes Monthly 3 Yrs $10.00
Alaska*Convictions Only Monthly 3 Yrs $13.00 Annual MVRs required
Arizona*Convictions Only Monthly Last 4 SSN 3 Yrs $8.00 Annual MVRs required
Arkansas Yes Weekly 3 Yrs $10.00 MVR provided when driver is enrolled to monitoring -
Bi-annual MVRs required
California Yes Daily State registration 3 Yrs $2.00
MVR provided when driver is enrolled to monitoring
($5.00 driver enrollment fee + connection fee), $2.00
activity fee. Annual MVR provided automatically on
the date that the driver was originally enrolled to
monitoring.
Colorado Yes Monthly 7 Yrs $2.20
Connecticut Yes Monthly 3 Yrs $18.00
Delaware Convictions Only Monthly 3 Yrs $25.00
DC Yes Daily 3 Yrs $7.00
3 YR Report: $8.10
7 YR Report:
$10.10
3 YR Report: $6.00
7 YR Report: $8.00
Hawaii N/A N/A 3 Yrs $23.00 MVR Monitoring is expected to be released by Q4
2020
Idaho Yes Daily 3 Yrs $9.00
Illinois*Yes Weekly Last 4 SSN 3 Yrs $12.00 Annual MVRs required
Indiana*Yes Monthly Last 4 SSN +
address 7 Yrs $7.50 Annual MVRs required
Iowa*Yes Monthly Last 5 SSN 3 Yrs $8.50 Annual MVRs required
Kansas Yes Monthly 5 Yrs $13.70
Kentucky*Yes Monthly 3 Yrs $5.50 Excludes class A license disqualifications - Annual
MVRs required
Louisiana Yes Daily 3 Yrs $18.00
Maine Yes Monthly 3 Yrs $7.00
Maryland Yes Daily 3 Yrs $12.00
MVR provided when a driver is enrolled into
monitoring. Annual MVR provided automatically on
the date when the driver was enrolled into monitoring
Massachusetts Yes Daily/Monthly 3 Yrs $8.00 State provides daily suspension monitoring and
monthly conviction monitoring
Michigan Yes Weekly 7 Yrs $11.00 Annual MVRs required on the date that the driver was
Minnesota Yes Daily 5 Yrs $5.00
Mississippi*Yes Monthly Last 4 SSN 3 Yrs $14.00 Annual MVRs required
Missouri Yes Weekly 3 Yrs $5.88
MVR baseline provided on Fridays for drivers without
a MVR baseline - Driver must be enrolled by
Thursday before 4:00pm EST
Montana Yes Monthly 3 Yrs $7.37
Nebraska Yes Monthly 3 Yrs $7.50
Nevada Yes Monthly 3 Yrs $8.00
New Hampshire N/A N/A 3 Yrs $13.00 State currently does NOT provide MVR monitoring
New Jersey*Yes Monthly Full SSN + Zip Code 5 Yrs $12.00 Annual MVRs required
New Mexico Yes Monthly 3 Yrs $6.50
New York Yes Daily 3 Yrs $7.00
Standard 3-YR MVR baseline provided when a driver
is enrolled into monitoring ($7.00/driver) - MVR does
NOT include Medical Certificate - Yearly license
status report ($2.00)
3 YR Report: $10.00
7 YR Report: $10.00
North Dakota Yes Monthly 3 Yrs $3.00
Ohio Yes Monthly 3 Yrs $5.00
Oklahoma*Convictions Only Monthly 3 Yrs $27.50 Annual MVRs required
Oregon Yes Monthly 3 Yrs $11.83
Pennsylvania*Yes Monthly State registration.
Last 4 SSN 10 Yrs $15.00
Annual MVR required. State registration required for
MVR request - 4-week turnaround - Annual MVRs
required
Rhode Island Yes Monthly 3 Yrs $20.00
South Carolina Yes Weekly 3 Yrs / 10Yrs $7.25
South Dakota Yes Monthly 3 Yrs $5.00
Tennessee Yes Monthly 3 Yrs $7.50
3 YR Report: $6.50
5 YR Report: $7.50
Utah Yes Monthly State registration 3 Yrs $11.00 State registration required for monitoring - 2-week
turnaround
Vermont*Yes Monthly 3 Yrs $18.00 Annual MVRs required
Virginia Yes Daily 3 Yrs $8.00
Washington Yes Monthly 3 Yrs $13.00
West Virginia Yes Monthly 7 Yrs $12.50
Wisconsin Yes Daily 3 Yrs $7.00
Wyoming*Convictions Only Monthly 3 Yrs / 10 Yrs (CDL Only)$9.00 Annual MVRs required
Florida Yes Daily 3 Yrs / 7 Yrs State provides daily suspension monitoring (Activity
report $2.00) and monthly conviction monitoring
Georgia Suspensions Only Monthly 3 Yrs / 7 Yrs
MVR baseline provided when a driver is enrolled into
monitoring
North Carolina Yes Daily 3 Yrs / 5 Yrs
Texas Yes Daily 3 Yrs / 5 Yrs (CDL Only)
*Annual MVR Required.
_____________________ Account Number
Attachment E
SUBSCRIBER CERTIFICATION OF USE
Choose one:
Insurance company
I hereby certify:
1. The insurance carrier to which the named individual has applied for motor vehicle insurance or life insurance and/or has life insurance in effect covering the named individual.
2. That the insurance carrier or the agent of the insurance carrier designated below as Subscriber: a. Has motor vehicle insurance in effect covering the employer or a prospective employer; or
b. Has motor vehicle insurance in effect covering the names individual; or c. Is the insurance carrier to which the employer or prospective employer has applied for motor vehicle
insurance. 3. That ____________________________________________ is acting as agent for Subscriber. Contractor name 4. That abstracts of driver records shall be used exclusively for our insurance underwriting purposes only, and that no information contained therein shall be divulged, sold, assigned, or otherwise transferred to any third
person or party. 5. That the information contained in the abstracts of driver records obtained from the Department shall be used
in accordance with the requirements and in no way violate the provisions of RCW 46.52.130, attached in part for easy reference.
Employer/Transit authority/Volunteer organization I hereby certify:
1. That the company or their agent designated below as Subscriber is an employer, prospective employer, a
volunteer organization, or a transit authority for is vanpool program. 2. That _____________________________________ is acting as agent for Subscriber. Contractor name 3. That abstracts of driver records shall be used exclusively for determining: a. Whether the volunteer licensee meets those insurance and risk management requirements necessary
to drive a vanpool vehicle, or b. Whether an employee, prospective employee, or volunteer should be employer to operate a vehicle
or for employer purposes related to driving by an individual as a condition of that individual’s employment upon the public highways.
4. That no information contained therein shall be divulged, sold, assigned, or otherwise transferred to any third person or party.
5. That the information contained in the abstracts of driver records obtained from the Department shall be used in accordance with the requirements and in no way violate the provisions of RCW 46.5.130.
The Subscriber listed below agrees to, and shall indemnify and hold harmless the state of Washington, Department of
License (DOL), the Director of DOL, and all DOL employees from any and all suits at law or equity, and from any and all claims, demands or loss of any nature, including but not limited to all costs and attorney’s fees, arising from any incorrect
or improper disclosure of individual names or addresses under this “Certification of Use;” any defects in any of Subscriber’s procedures followed or omitted or arising from the failure of Subscriber or its officers, employees, customers,
contractors or agents to fulfill any of its obligations under this Contract; or arising in any manner from any negligent act or omission by Subscriber or its officers, employees, customers, contractors or agents.
I affirm that I am a representative authorized to bind the Subscriber named below.
Subscriber name
Address
Authorized representative name Title
___________________________________________ X_______________________________________
Date and Place Signed Authorized representative signature