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Resolution

2008-4

Authorization for

Electronic Access for

PENNDOT System


Municipal Resolution Authorizing Electronic Access to PENNDOT Systems

Whereas, PENNDOT and Bolivar Borough have agreed to use the Dot Grants system to file the required Liquid Fuels Forms annually, including but not limited to: the MS-965, MS 329 and MS 999.

Now Therefore, it is resolved by the Bolivar Borough that Kelly Lupacchini and Clark Baird are authorized to execute all documents necessary to effect such an agreement, including but not limited to, an Electronic Access License Agreement (EALA) on behalf of the Municipality.

I certify that the forgoing is a true and correct copy of the Resolution adopted at a meeting of the Bolivar Borough Council Held on November 6, 2008

Clark Baird

President of Council

Attest:

Kelly Lupacchini

Secretary

Original on file in Vault Page 2 of 4

Agreement No: EALABMS

Federal ID NO. XX-XXX9498

User ID Code XXXXX

Agreement to Authorize

Electronic Access to PENNDOT Systems

(Political Subdivisions)

THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this 6th day of November, 2008, by and between the Commonwealth of Pennsylvania, acting through the Department of Transportation, hereinafter referred to as DEPARTMENT,

and

Bolivar Borough

PO Box C

Bolivar PA 15923

(724) 676-9950

hereinafter referred to as APPLICANT, a political subdivision of the Commonwealth of Pennsylvania, acting through its proper officials.

Whereas, the Applicant, desires to register as a Department business partner to be permitted electronic access to the following Department systems: DOT Grants (hereinafter referred to as ("System" whether singular or plural), for the purposes of entering information into and exchanging data with the system, and

Whereas, the Department, in furtherance of the powers and duties conferred on it by Section 2002 of the Administrative Code of 1929, as amended 71 P.S. Section 512, to design and construct state highways and other transportation facilities, to undertake other transportation - related activities, and to enter into contracts for these purposes, is willing to permit the Applicant to electronically submit applications, technical proposals, invoices, engineering plans, designs and other documents necessary to design and construct transportation projects or undertake other transportation - related activities as part of the Department's program to use the system.

Whereas, Sections 2001.1 of the Administrative Code of 1929, as amended (71 P.S. Section 511.4) authorizes the Department , through the Secretary of Transportation, to enter into all necessary contract and agreements with the proper agencies of any government, federal, state or political subdivision, "for the purpose connected in any way with the Department of Transportation of the Commonwealth of Pennsylvania." 

Now therefore, in consideration of the foregoing premises and the mutual promises expressed in this document, and intending to be legally bound, the parties agree as follow,

1. The Applicant is responsible for furnishing and assuming the total costs of all software and hardware necessary to connect to the system. Such software shall include an operating system, an Internet browser and any software needed to operate a modem. the Applicant is responsible for the procurement and cost of any data communications lines required to connect to the System. the applicant is responsible for the cost of telephone lines and usage.

2 The Applicant will be permitted access to the System as the Department shall direct.

3. The Applicant will implement appropriate security measures to insure that only authorized employees of the Applicant will have access to and enter data into the system. The Applicant agrees to assign only its current employees User Information Internet system access codes (User ID codes) provided to the applicant by the Department. The Applicant agrees to assign a separate and distinct User ID code to each current employee who will concur in awards, sign contracts and approve payments. The Applicant agrees to accept full responsibility for controlling the User ID Codes that the Applicant assigns to the employees of the Applicant. The Applicant agrees to deactivate an employee's User ID code immediately upon the employees separation and / or dismissal from the employ of, or association with the Applicant. The Applicant agrees that the Applicant's employees may not share User ID Codes. the Applicant agrees to be responsible for the items submitted under one of its assigned User Id Codes.

4. The Department shall make provisions for the Applicant to obtain initial training for the System. This training may not include any non-System program topics, nor may it include training on any other computer hardware or software, including but not limited to, operation of a personal computer.

5. The Department will make reasonable attempts (barring un for seen interruptions due to calamity, natural disaster, or technical impossibility) to make the system available for on-line access 24 hours per day, seven days per week, except for ten hours each workday when the System databases are updated. The Department will provide support only during normal business hours of the Department offices.

6. This Agreement shall continue until terminated by either Party, at any time, without cause, within fifteen (15) days upon receipt of written notice thereof. Any material breach of this Agreement by either Party shall entitle the other Party to terminate this Agreement without prejudice to its rights or remedies available at law or in equity. Upon termination or expiration of this Agreement, Applicant shall cease and shall cause its users to cease attempts to access the system.

7. The Applicant shall comply with the Contractor Integrity Provisions, dated December 20, 1991, the Provisions Concerning the Americans with Disabilities Act dated January 16, 2001, the Contractor Responsibility Provisions, dated April 16, 1999, the Offset Provision, dated April 16, 1999, and the Nondiscrimination Sexual Harassment clause, dated June 30, 1999, all of which are incorporated into this Agreement by reference as though physically attached.

8. This agreement embodies the entire understanding between the Department and Applicant and there are no contracts, agreements, or understanding with reference to the subject matter hereof which are not merged herein.

Clark Baird

President of Council

Attest:

Dated November 6, 2008

Kelly Lupacchini

Secretary

Original on file in vault ‚Äč