Completing The Agility Agreement
Frequently Asked Questions (FAQ)
What is an Agility Agreement?
The Agility Agreement is a contract between PennDOT and the Partner. When signed by PennDOT and the Partner and approved by the Office of Chief Counsel in Harrisburg; both parties may then complete an Agility Work Plan. The agreement alone does not obligate any party to perform work. It merely provides the foundation and legal authority for cooperation and exchanging services. Some Agility Agreements are put in place as a type of "insurance policy" in the event an emergency or extenuating circumstance occurs.
What are the legal requirements that PennDOT and the partner must follow under the Agility Agreement?
- To be a Partner in the Agility Program, the Partner must be a local government, state or federal agency, public college or university, school district, council of government, metropolitan or rural planning organization, water, sewer, housing or municipal authority, charitable hospital, volunteer fire or rescue company, or volunteer emergency medical transport company.
- No money can be exchanged between PennDOT and the Partner.
- By law, the Motor License Fund cannot operate in the red or incur a deficit. This means an equal exchange of services must occur between PennDOT and the Partner.
- Materials can only be included in an Agility exchange if they are essential to, and incidental to, the performance of the service. Materials alone cannot be exchanged between PennDOT and the Partner unless prior approved by the Office of Chief Counsel in Harrisburg.
What are the three steps to exchanging services?
- Evaluate– The Partner must evaluate what services it needs and what services or capabilities it can make available to PennDOT.
- Complete– The Partner needs to complete an Agility Agreement. This Agreement enables PennDOT and the Partner to exchange services through a Work Plan when the need arises.
- Negotiate– Once the Agility Agreement is executed, the Partner and PennDOT need to negotiate the terms of an Agility Work Plan. This is where the services that will be exchanged are decided and agreed upon.
What is an Agility Work Plan?
An Agility Work Plan enables the Partner and PennDOT to determine the services that will be exchanged. Several Agility Work Plans can be completed over the life of an agreement depending on the needs and capabilities of each party involved. Agility Work Plans are negotiated based on sound business decisions involving costs, market value, and the estimated worth of the exchange.
How do I determine the value of an Agility Exchange?
The Partner is responsible for determining the value of the services it will provide to PennDOT. The Partner can use the following methods, or a combination of them, to determine the value.
- Cost Basis – What the Partner’s total cost would be to perform the work for PennDOT
- Contractor Rates – What a contractor would charge to do the same work that the Partner is providing to PennDOT
- Market Value – What that work would most likely cost in a competitive and open market
How long can an Agility Agreement remain effective?
An Agility Agreement is effective for a period of five (5) years from the Effective Date with the option to renew the Agility Agreement for an additional three (3) years.
What do I do when I need to make a correction to the Agility Agreement?
You may revise the Agility Agreement, but both parties must initial and date the revisions, just like with any legal document.
What happens if copies of the Agility Agreement rather than the originals are sent to the Agility Program Manager in the Bureau of Innovations?
Only the original signed Agility Agreement will be processed; a copy of the Agility Agreement will not be accepted.
Does the attest date need to match the signed date?
No, but this date must be either equal to or later than the signed date. The attest date cannot be earlier than the signed date since the document must be signed before it is attested.
What happens if I forget to include a Title or Date when the Agility Agreement is sent to the Agility Program Manager in the Bureau of Innovations?
The Agility Agreement cannot be processed.
How long do I have to get the Agility Agreement processed before the signatures expire?
The signatures are good for a period of sixty (60) days. The Agility Agreement must be processed within sixty (60) days of the Partner's signature date.
What if the signer on page two of the Agility Agreement has a different title than the “Designate Official Title” in the Resolution?
This would invalidate the Agility Agreement. The two titles must match.
Is each Agility Agreement number unique?
Yes, every new and renewed Agility Agreement gets a number unique to that county. No two Agility Agreement numbers are ever the same.
What documents must accompany the agreement?
The “Terms and Conditions” and the Resolution page must accompany the Agility Agreement.
Where do I send the Agility Agreement documents when they are completed?
You send the Agreement along with the "Terms and Conditions" and the Resolution page to your local designated PennDOT Agility Coordinator. The coordinator will send the documents to the Agility Program Manager in PennDOT's Bureau of Innovations.