3513R09 Appendix A - Sample Contract.pdf

APPENDIX A

SAMPLE CONTRACT

CONTRACT (3513R09)

THIS CONTRACT to co-locate Photo License Centers for “Co-location of Photo

License Center Located in Lewisburg, PA” (“Contract”) is entered into this ________ day of

___________, 20___, by and between the Commonwealth of Pennsylvania, acting through the

Department of Transportation ("PENNDOT"), and _______________________________

(“CONTRACTOR”).

WITNESSETH:

WHEREAS, PENNDOT issued a Request For Proposals to co-locate Photo License

Center for “Co-location of Photo License Centers Located in Lewisburg, PA”, RFP No.

3513R09 (“RFP”); and

WHEREAS, CONTRACTOR submitted a proposal in response to the RFP; and

WHEREAS, PENNDOT determined that CONTRACTOR’s proposal, was the most advantageous to the Commonwealth after taking into consideration all of the evaluation factors set forth in the RFP and selected CONTRACTOR for contract negotiations; and

WHEREAS, PENNDOT and CONTRACTOR have negotiated this Contract as their final and entire agreement in regard to co-locating Photo License Centers.

NOW THEREFORE, intending to be legally bound hereby, PENNDOT and

CONTRACTOR agree as follows:

1. CONTRACTOR shall, in accordance with the terms and conditions of this Contract, provide a strategy to PENNDOT to co-locate Photo License Centers as more fully defined in the RFP, which is attached hereto as Exhibit “A” and made part of this

Contract.

2. CONTRACTOR agrees that the services shall be performed during the contract period of 60 months following the date of the Notice to Proceed of this Contract by

PENNDOT. PENNDOT’S Contracting Officer may renew this contract upon the same terms and conditions, incrementally, for a period of up to 60 months, by written notification to the CONTRACTOR by the Contracting Officer. In addition, the

Commonwealth reserves the right upon written notification to the CONTRACTOR by

PENNDOT’s Contracting Officer to extend the term of the Contract for up to three

(3) months upon the same terms and conditions. This right to extend the Contract in no way minimizes PENNDOT’s right to the timely receipt of the project deliverables as specified in the RFP.

3. PENNDOT and CONTRACTOR agree to be bound by the Special Contract Terms and Conditions, which are attached hereto as Exhibit “B” and made part of this

Contract.

4. PENNDOT and CONTRACTOR agree to be bound by the Standard Contract Terms and Conditions for Services – BOP-1204, which is attached hereto as Exhibit “C” and made part of this Contract.

5. CONTRACTOR agrees to provide a strategy for “Co-location of Photo License

Center” as described in its Technical Submittal, which is attached hereto as Exhibit

“D” and made part of this Contract.

6. This Contract is comprised of the following documents, which are attached herein by reference as though set forth at length:

a. This document, identified as Exhibit A to the RFP.

b. The Special Contract Terms and Conditions, identified as Appendix B to the RFP, which shall be attached as Exhibit B of this Contract.

c. The Standard Contract Terms and Conditions for Services – BOP-1204, identified as Appendix C to the RFP, which shall be attached as Exhibit C of this Contract.

d. The remainder of the RFP and any addenda, including all other referenced

Appendices not specifically enumerated in this paragraph, which shall be attached as Exhibit A of this Contract.

e. The CONTRACTOR’s Technical Submittal and any addenda, if applicable, which shall be attached as Exhibit D of this Contract.

Notwithstanding similar or contradictory order of precedence language attached to or made part of this Contract, including but not limited to language appearing in Exhibit C, the above documents are listed in order of precedence.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the parties have executed this Supplemental Contract on the date first above written.

CONTRACTOR:

BY ___________________________________

NAME DATE

TITLE

If a Corporation, only the Chairman, President, Vice President, Senior Vice President, Executive Vice President, Assistant Vice President, Chief Executive Officer or Chief

Operating Officer must sign; if one of these officers is not available, please attach a resolution. If a sole proprietorship, only the owner must sign; if a partnership, only one partner needs to sign; if a limited partnership, only a general partner may sign. If a Limited

Liability Company (“LLC”), only one member needs to sign, unless it is a manager-based

LLC, then a manager must sign. If a Municipality, Authority, or other entity, please attach a resolution.

DO NOT WRITE BELOW THIS LINE--FOR COMMONWEALTH USE ONLY

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF TRANSPORTATION

BY ___________________________________

Contract Administrator DATE

APPROVED AS TO LEGALITY

AND FORM

BY _________________________________

For Chief Counsel DATE

RECORDED NO. ____________________

BY _________________________________

Deputy General Counsel DATE SAP NO. ___________________________

SAP COST CENTER _________________

GL ACCOUNT_______________________

AMOUNT __________________________

BY _________________________________ BY_________________________________

Deputy Attorney General DATE For Comptroller Operations DATE