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 in Harrisburg, both parties may then complete a 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” even if no work plans are executed.
What are the five 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 public entity that is considered to be a local public procurement unit.
- No money can be exchanged between PennDOT and the Partner.
- 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 Project if they are essential to, and incidental to, the performance of the service. Materials alone cannot be exchanged between PennDOT and the Partner. (Opportunities of “piggybacking” on state contracts are available as a recourse.)
What are the three steps to exchanging services?
- Evaluate– The Partner must evaluate what services it needs for its business 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 when the need arises.
- Negotiate– The Partner and PennDOT need to negotiate the terms of the Work Plan. This is where the exact terms of “who will do what for whom” are decided and agreed upon.
What is a Work Plan?
The Work Plan enables the Partner and PennDOT to determine who will do what for whom. Several Work Plans can be completed over the life of an agreement dependent on the needs and
capabilities of each party involved. 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 price of an Agility Project?
The Partner is responsible for determining their price for the services it will provide to PennDOT. The Partner can use the following methods, or a combination of them, to determine
- Cost Basis – This method relies on the Partner’s total cost to do the work for PennDOT.
- Contractor Rates – This method is based on the price that a contractor would charge to do the same work that the Partner is providing to PennDOT.
- Market Value – Market value is the price that the work would most likely cost in a competitive and open market.
How long can an Agility Agreement remain effective?
An Agility Agreement is in effect for a period of five (5) years with the option to renew the agreement for an additional three years from the original Effective Date shown on the
What do I do when I need to make a correction to the Agreement?
You may put a line through mistakes on the Agreement but both parties must initial and date the change just like any legal document.
What happens if copies of the Agreement rather than the originals are sent to the Agility Division?
The copied Agreement will not be processed. Only the original Agreement will be processed.
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. Example:
What happens if I forget to include a Title or Date when the Agreement is sent into the Agility Division?
The Agreement cannot be processed and it will delay your entry into the program.
How long do I have to get the Agreement processed before the signatures expire?
The signatures are good for a period of sixty (60) days. The Agreement must be processed sometime within sixty (60) days of the Partner’s signature date.
What if the signer on page two has a different title than the “Designate Official Title” in the Resolution?
This would invalidate the Agreement. The two titles must match.
Is each Agreement number unique?
Yes, every new and renewed Agreement gets a number unique to that county. No two Agreement numbers are ever the same, even when a Partner’s first Agreement expires and a second Agreement
is initiated. The following example shows the elements of an Agreement number.
What documents must accompany the agreement?
The “Terms and Conditions” and the Resolution page must accompany the Agreement along with a routing slip, which is completed and added to the Agreement by your local designated Agility
Can the official title of the Partner signing the Agreement be different than the official title authorized in the Resolution?
No. The information on the Resolution page determines who has the authority to sign the Agreement. The official titles must match.
Where do I send the Agility Agreement documents when they are completed?
You give the Agreement along with the “Terms and Conditions” and the Resolution page to your local designated Agility PennDOT employee. The PennDOT employee will then send the documents
to PennDOT Agility Division, PO Box 8211, Harrisburg PA 17105