Form M 936Ras – Fill Out and Use This PDF

WHEREAS, the DEPARTMENT is willing to pennit APPLICANT to registerunder said Regulation 179.4as an APRAS user and to extend the aforesaidprivileges to the APPLICANT provided that the APPLICANT agreesto the compliance of the APPLICANT and its owners, officers, employeesand agentswith all of the current and applicable sectionsof the PennsylvaniaVehicle Code(in particular, Chapters19and49), all of the current Rules and Regulations (in particular, Chapter 179) of the DEPARTMENT and all other laws and regulations of the Commonwealth of Pennsylvania applicable to the movement of oversize or overweight vehicles or loads, including any conditions imposed by the DEPAR TMENT under the authority of Section 4962 and 6104 of the Vehicle Code or Chapter 179 of DEPARTMENT Regulations, hereinafter referred to cumulatively as"the special hauling laws," in accordancewith and in further compliancewith all of the tenns, conditions and provisions hereinafter contained in this SUPPLEMENTAL AGREEMENT and the above referenced REGISTRATION AGREEMENT FOR SPECIAL HAULING PERMITS, and recorded by the DEPARTMENT under the above referenced Account Number.

NOW, THEREFORE,in considerationof theforegoingandthemutualpromiseshereinafterexpressed,and intendingto be legallyboundhereby,thepartiesheretoagreeasfollows:

1.APPLICANT is responsible for furnishing and assumingthe total costsof all software and hardware necessaryto connect to the APRAS Network. Suchsoftware shall include an operating system,an Internet Browser and anysoftware neededto operatea modem. APPLICANT is responsible for the procurementand cost of any data communications lines required to connect to the APRAS Network. APPLICANT is responsible for the costof telephonelines andusageand a per transactionsurchargeof One Dollar ($1.00) in accordancewith Section 179.9 (e)(3) of the DEPARTMENT'S Rules and Regulations.

2.APPLICANT will have accessto the APRAS Network as the DEPARTMENT shall direct. APPLICANT, unless APPLICANT is an authorizedPennit Service,may obtain pennits only for the APPLICANT, andmaynot obtainpennits for anyotherpersonor legalentity.

3.APPLICANT agreesto be liable for any damageto the DEPARTMENT'S databasesor software owned or licensed by the DEPAR TMENT in the eventa computer virus or other malicious, mischievous, or destructive programming is determined by the DEPARTMENT, or its agent, to have originated from the APPLICANT, its agentsor employees.

4.DEPARTMENT agreesto pay for anyloss, liability or expense,including attorney'sfees,which arises out of or relatesto the DEPARTMENT'S acts or omissions with respectto its obligations hereunder,where a final determination of liability on the part of the DEPARTMENT is established by a court of law or a settlement has been agreedto by the DEPARTMENT. This provision shall not be construed to limit the D EPAR TMENT'S rights, obligations, liabilities, claims or defenseswhich ariseasa matterof law or pursuant to any other provision of this SUPPLEMENTAL AGREEMENT. This provision shall not be construedto limit the sovereign immunity of the Commonwealth of Pennsylvania or the D EPARTMENT.

5.APPLICANT will implement appropriate securitymeasuresto insure that only authorized employees of the APPLICANT will have accessto and provide data into the APRAS SystemNetwork. APPLICANT agreesto assign only its current employees User Identification Internet APRAS accesscodes (hereinafter, "User ill codes") provided to the APPLICANT by the DEPARTMENT. APPLICANT agreesto assign a separateand distinct User ill code to each current employeewho will apply and/or review applications for permits. APPLICANT agreesto acceptfull responsibility for controlling the Userill codesthat APPLICANT assignsto the employeesof the APPLICANT. APPLICANT agreesto inactivate an employee'sUserill code

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immediately upon the employee's separation and/or dismissal from the employ or association with the

APPLICANT. APPLICANT agrees that APPLICANT'S employees may not share User ill codes. APPLICANT agreesto be strictly liable for the applicationssubmittedunderoneof its assignedUser ill codes and for the applications, actions or omissions of anyone using a User ill code of the APPLICANT or APPLICANT'S employee.

6.APPLICANT agreesto use the inquiry screenprovided by the DEPAR TMENT through APRAS to review the statusof applications submitted by the APPLICANT through APRAS. APPLICANT agreesnot to call the DEPARTMENT for routine status updates on pending applications. If APPLICANT is a Permit

Service, APPLICANT agreesnot to refer its motor carrier customersto the DEPARTMENT to check the status of applications that the Permit Service submitted through APRAS.

7.DEPARTMENT shall provide for online training for the APRAS program, including the input of

application data, reviewing the statusof applications and operation of the APRAS Network. Said training may not include any non-APRAS program topics. Any training provided for the APRAS program will be strictly limited to the items specified aboveand will not include training on any other computer hardware or software.

8.DEPARTMENT will make reasonableand cost-effective attempts(barring unforeseeninterruptions due to calamity, natural disaster or technical impossibility) to make the APRAS Network available for on-line access24 hours per day, sevendaysper week, exceptfor four hours eachday when the APRAS databasesare

updated. DEPARTMENT will provide supportonly during the normal businesshoursof the DEPARTMENT Permit Offices.

9.APPLICANT agreesto instruct the drivers of its oversizeand/oroverweightmovementsto review and sign the Permit prior to movement to insure that the vehicle(s) and load infonnation is consistent with the application and the Permit, and to review the authorized routes and conditions on the Permit and any Supplement(s)to the Permit. APPLICANT, unless APPLICANT is an authorized Permit Service, will be strictly liable for any deviation or noncompliance with the authorizedroutes and conditions onthe Pennit and any Supplement(s)to the Permit.

10.DEPAR TMENT, in accordancewith Section179.5of its RulesandRegulations,will issueforthwith a copy of this AGREEMENT to the APPLICANT, upon execution of this AGREEMENT by the parties, and upon the confinnation of filing and approval of Fonn M-936RA and Fonn M-936B in accordance with Section 179.4and Section 179.7of the Rules and Regulations.

11.APPLICANT shall comply with the ContractorIntegrity Provisionsandthe ProvisionsConcerningthe Americans with Disabilities Act, both of which aremadepart of this SUPPLEMENTAL AGREEMENT by reference.

12.All othertermsandconditionsof the REGISTRATIONAGREEMENTFOR SPECIALHAULING PERMITS, which have not beensupplementedor modified by this SUPPLEMENTALAGREEMENT, remainin full forceandeffect.

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E-Mail Address For Accounts Payable Department (WHOSHOUlDRECEIVEYOURMONTHLYBll..LINGNOTICES?)

(NotaryPublic)

COMMONWEALTHOF PENNSYLVANIA

DEPARTMENTOF TRANSPORTATION

CENTRAL PERMITOFFICE

BY:

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