Requirements on Becoming a Dealer

Transcription

1 Requirements n Becming a Dealer PUB 459 (1-18)

2 Cpyright 2017 by the Cmmnwealth f Pennsylvania. All Rights Reserved.

3 REQUIREMENTS TO BECOME A DEALER 1. Fllw instructins n Frm MV-349, Applicatin fr Vehicle Dealer Registratin Plates fr Dealers Licensed by Department f State. 2. If yu desire t issue Temprary Registratin Plates, fllw requirements fr PUB 457, Agent Service Handbk." 3. Cmplete Frm MV-375 fr bnd fr each place f business f Manufacturer/Dealer (ORIGINAL FORM MUST BE SUBMITTED). 4. Vehicle dealership lt license issued by Department f State. 5. Obtain an riginal criminal histry recrd n Frm SP frm the State Plicy (NOT A COPY), fr each wner, partner r crprate fficer. 6. Read and becme familiar with Chapter 13 f the Pennsylvania Vehicle Cde, Title Read and becme familiar with the Title 67 relating t the Issuance and Use f Dealer and Miscellaneus Dealer Mtr Vehicle Business Plates, Chapter 53. 3

4 Enclsed is the requirements packet t enter int cntract fr all agent services. The packet includes infrmatin, samples and frequently asked questins. Once these requirements are met, a cntract between yu and PennDOT will be executed. Cntract requirements can be mailed t: Bureau f Mtr Vehicles Regulated Client Services Sectin 1101 S. Frnt Street Harrisburg, PA Requirements may als be submitted thrugh the Dealer Services cunter area. 4

5 AGENT SERVICES ChECkLIST Business Name: Federal ID# (FEIN): DIN# (if already assigned): Check (4) if YES: ***Please nte, items that are bld, italicized and underlined are new requirements fr the new 5-year cntract.*** D yu have tw cpies f the requirements attached? Is yur business name and address listed n the requirements? If yu are an existing agent, is the agent number listed n the requirements? D yu have a list f all wners/crprate fficers attached? D yu have a list f all emplyees and jb titles attached? D yu have jb descriptins attached fr each wner/emplyee? Is the hme address listed fr each wner/emplyee? D yu have yur phne number listed? D yu have yur fax number listed? D yu have yur address listed? (Please check if still valid) D yu have a ntary seal and r stamp, signed/dated, n the applicatin fr each persn issuing tags? D yu have a cpy the Ntary Cmmissin certificate(s) attached? D yu have a statement f n prir vilatins fr all wners/crprate fficers and emplyees issuing tags attached? D yu have a criminal recrd check fr all wners/crprate fficers and emplyees issuing tags attached? D yu have a security plan written/typed and attached? D yu have yur $30,000 bnd in place and riginal attached? D yu have $60.00 recvery fund fee attached? (Waived fr new agents and dealers) D yu have a ntarized statement f n mnies wed t the Cmmnwealth fr each wner and crprate fficer attached? D yu have a credit reference frm the bank attached? D yu have THREE letters f character reference fr each wner/crprate fficer attached? 5

6 DID YOU PROVIDE (2) PhOTOGRAPhS OF ThE FOLLOWING? Check (4) if YES: Main Entrance Psted Business Hurs Cmpleted schedule f fees/charges relating t the issuance f temprary cards and plates Phne and Desk Area including shredder Secure area fr strage f temprary cards and plates Full Picture f Slid dr cnstructins (with secure hinges), ceiling, walls and dead blt lck Exterir Signs Fraud Htline ntice **Please allw a minimum f 30 days t fully execute the cntract, nce all requirements are prvided** 6

7 Cver page f Requirement Packet Jhn Q. Custmers Issuing Agent Service, Inc S. Frnt Street Harrisburg, PA Agent # (717) Fax #: (717) address: jhnqcustmer@xxx.cm Federal ID #: SAMPLE DOCUMENT P A G E B R E A K Requirements Experience Jhn Q. Custmers Issuing Agent Service, Inc. lcated at 1101 S. Frnt Street has been an issuing agent fr the past five years. The wner f the crpratin is Jhn Q. Custmer, Vice President is Jan A. Custmer, Secretary is Mary B. Custmer and Treasurer is Je C. Custmer. The supprt staff cnsists f (place name f each emplyee wh will be invlved in the agent service and indicate their respnsibilities within the service). Neither Jhn Q. Custmer Agent Service, nr any f its emplyees are under sanctin r have ever been sanctined by PennDOT fr vilatins under 75 Pa.C.S. r Departmental regulatins. P A G E B R E A K Attach yur letter f reference frm a bank r financial institutin. Please make sure yur letter indicates that accunts are handled in a satisfactry manner cnsistent with standard banking practices. P A G E B R E A K Attach three letters f reference frm business cncerns n business statinery, attesting t the character f the applicant. P A G E B R E A K Attach a ntarized statement that n mnies are due and wed t the Cmmnwealth f PA by the applicant business r by the wners and fficers f the business. Facilities P A G E B R E A K Attach phtgraphs f the interir and exterir f the place f business. The phtgraphs f the exterir must shw the entranceway and signs and business hurs. The interir phtgraphs must shw the desk, phne, secure area (reference Facility Requirement 2.3) fr strage f prducts and frms, and a cmplete schedule f fees and charges fr Mtr Vehicles/Driver Licensing and the cntractr fees. 7

8 P A G E B R E A K Ntary Requirements Attach the name, address, signature and impressin f the ntary stamp f all ntaries wh will be emplyed during the hurs f peratin f the agent service. The wner f the agent service may be the ntary. If verificatin f signature in lieu f ntarizatin, then a ntary is nt required fr agents with a 85, 86 r 87 Dealer ID Number. All ther authrized agents must cntinue t ntarize dcuments. If verificatin in lieu f ntarizatin is used, please state this prcess is used. Criminal Backgrund Check P A G E B R E A K Attach a criminal backgrund check, btained frm the Pennsylvania State Plice fr each wner r crprate fficer and every emplyee engaged in the authrized agent service. If a cnvictin exists, the issuing agent service must furnish the facts f the ffense and secure Department apprval befre hiring r retaining emplyee. Security Plan P A G E B R E A K Attach the authrized agent's prpsal fr the methd f security, which it intends t use fr safeguarding all supplies, prducts and applicatins. Bnd P A G E B R E A K Attach yur bnd infrmatin (MV-375 r Rider t the bnd). Each authrized agent must file and maintain a bnd in the amunt f $30,000 fr each apprved authrized agent. 8

9 PENNSYLVANIA AGENT ADA ChECkLIST AMERICANS WITh DISABILITIES ACT As a prvider f a public service, yu are required t ensure that the areas f yur facility used fr custmer transactins invlving Department f Transprtatin dcuments meet the accessibility requirements f Title II f the Americans with Disabilities Act (ADA). If yu answer n t questins 2, 3, 4, 6, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21 r 22, yur facility des nt meet the ADA accessibility requirements. EXTERIOR 1. Des yur place f business prvide parking spaces YES NO fr the general public? If n, skip t Questin Are there designated persns with disability parking spaces? YES NO If n, skip t Questin Are there signs designating persn with disability parking space(s)? YES NO 4. Is there a clear unbstructed path f travel at least 36 inches YES NO frm where yur custmers park t yur dr? 5. Are curb cuts necessary fr access? YES NO If n, skip t Questin Have the curb cuts been installed? YES NO If n, skip t Questin Is the length f the curb cut at least ne ft fr every inch YES NO f curb height? 8. Is the width f the curb cut at least 36 inches? YES NO 9. Are ramps necessary fr access? YES NO If n, skip t Questin Have the ramps been installed? YES NO 11. Is the height f the ramp such t reach the level f the YES NO entrance? 12. Is the length f the ramp at least ne ft lng fr energy YES NO inch f height? 13. Is the width f the ramp at least 36 inches? YES NO 9

10 ENTRY: 14. Des yur entrance dr prvide a minimum f 32 inches YES NO f clearance? 15. Is yur entrance dr's threshld less than ne-half inch high? YES NO NOTE: Threshlds at drways shuld nt exceed ¾ inch in height fr exterir sliding drs f ½ inch fr ther types f drs. 16. Is yur entrance dr's threshld beveled r slanted YES NO n bth ends? 17. Is yur dr handle 48 inches high r less? YES NO 18. Can the dr be easily pened using a clse fist? YES NO 19. Is there an interir dr? YES NO If n, skip t Questin Des the interir dr meet the same specificatins f the entry YES NO dr as described abve? INTERIOR: 21. Is the rute t where PennDOT custmer services are prvided YES NO 36 inches wide? 22. Are the cunters where PennDOT custmer services are prvided YES NO n mre than 36 inches high and at least 36 inches? 10

11 ATTAChED IS A SAMPLE CONTRACT ThE CONTRACT has NO VAILIDTY UNTIL: ALL REQUIREMENTS ARE MET AND ALL SIGNATURES ARE OBTAINED AND A COMPLETELY EXECUTED CONTRACT IS RETURNED TO YOU This sample is being prvided fr yur review. Shuld yu meet all the requirements and enter int cntract with the Department, yu will becme bund by this cntract. Once again, this is nly a SAMPLE fr infrmatin and des nt guarantee that a cntract will be ffered. ThANk YOU. 11

12 Effective Date: (The Department will Enter) Cntract #: Federal ID #: AGENT SERVICES AGREEMENT This Agreement, made and entered int by and between the Cmmnwealth f Pennsylvania, acting thrugh the Department f Transprtatin (Department), a n d Jhn De Tag Agency (Prvider), 1101 Suth Frnt Street Harrisburg, PA The Department and Prvider are cllectively referred t in this Agreement as the parties. W I T N E S S E T H: WHEREAS, Act 152 f 2002 requires the Department t enter int cntracts with individuals and business entities intending t prvide agent services fr the issuance and prcessing f vehicle registratin dcuments and fees (the Agreement ); and, WHEREAS, agent services and the respnsibilities f an agent as that term is used SAMPLE herein are further defined by the Vehicle Cde, including particularly its Chapter 75, 75 Pa.C.S et seq.; the Department s regulatins; the Department s plicies; and this Agreement; and, WHEREAS, Prvider desires t enter int this Agreement t prvide agent services t vehicle wners and peratrs in the Cmmnwealth and t that end, submitted an applicatin, which is attached heret as Exhibit A and incrprated as a material part f this Agreement; and, WHEREAS, upn full executin f this Agreement, Prvider shall receive a certificate f authrizatin t prvide agent services, which will be issued, subject t full cmpliance with the terms and cnditins f this Agreement; and, 12

13 WHEREAS, the Department has determined that Prvider is nt an fficial r emplyee f the Cmmnwealth and is therwise qualified and eligible t prvide the agent services and is entering int this Agreement fr the purpse f establishing and defining the parties duties, respnsibilities and bligatins; and t set frth the terms and cnditins applicable t the certificate f authrity. NOW THEREFORE, the parties agree, with the intentin f being legally bund, t the fllwing: 1. The abve recitals are incrprated herein by reference as thugh set frth at length. 2. The fllwing terms as used in the Agreement shall have the fllwing meaning: Agent and Agent Services the respnsibilities f an agent t prvide agent services are further defined by the Vehicle Cde, particularly Chapter 75, 75 Pa.C.S et seq.; this Agreement and its attachments; the Department s regulatins; and the Department s training manuals r publicatins cntaining fficial Department plicies. Established Place f Business the premises, ntary, staff, hurs f peratin, and training requirements f an Agent Service as prescribed by the Vehicle Cde, Department Regulatins, this agreement and any addendum r attachment t this agreement, including Department Bulletins, training materials and nline resurces. SAMPLE Prducts Temprary r permanent registratin cards, plates, permits, r ther fficial Department dcumentatin, s designated by the Department, that can be issued by a Prvider under this Agreement. Prf f Identificatin a current, gvernment-issued identificatin dcument, as apprved by the Department. Prgram Requirements Exhibit B t this Agreement, which may be amended frm time t time, as mre fully explained belw; and the Department s Driver and Vehicle Services Update Bulletins, Agent Services Basic Title and Registratin Curse; Advanced Refresher Training Manual; and such ther fficial updates, publicatins r plicy dcuments develped by the Department. 13

14 Prvider A hlder f a certificate f authrizatin; r the wner, fficer, directr, emplyee r affiliate f any natural persn r entity prviding agent services in the Cmmnwealth f Pennsylvania under a certificate f authrizatin. Registratin Card a registratin card, including bth temprary and permanent, issued by a Prvider under this Agreement. Registratin Plate a registratin plate, including bth temprary r permanent, issued by a Prvider under this Agreement. Respnsible (and Respnsibly) Pssessin and demnstratin f the capability, skill and/r cmpetence t fully perfrm this Agreement and its Prgram Requirements in all respects, and the integrity and reliability t assure gd faith perfrmance f this Agreement and its Prgram Requirements. Revcatin A sanctin which permanently withdraws Prvider s certificate f authrizatin. Suspensin A sanctin which temprarily withdraws Prvider s certificate f authrizatin t prvide agent services. 3. Upn submissin and full executin f this Agreement, the Department will issue Prvider with a certificate f authrizatin; and Prducts designated by the Department as necessary t allw Prvider t respnsibly ffer agent services t cnsumers in the SAMPLE Cmmnwealth, in a custmer friendly manner, and in strict cmpliance with the terms and cnditins f this Agreement and the Prgram Requirements. 4. The Department will recgnize Prducts designated by the Department, including but nt limited t temprary r permanent registratin cards, plates and permits, valid upn issuance, in accrdance with this Agreement. 5. Prvider may charge a reasnable service fee, in additin t Department fees, fr the prcessing and issuance f registratin cards, registratin plates, permits r ther prducts designated by the Department. It is understd that the Department will make n payment t the Prvider; payment fr any services rendered shall be billed by the Prvider t the public users f its services. 14

15 6. Prvider acknwledges that the agent services it will prvide cnsumers under this Agreement shall include but nt be limited t prcessing vehicle transfers, assisting custmers t cmplete title applicatins and registratin applicatins, issuing registratin plates, prcessing registratin plate transfers, cllecting sales taxes and fees and frwarding vehicle transfer, title and registratin applicatins and all sales taxes and fees cllected t the Department in a timely manner. 7. Prvider shall prvide agent services in accrdance with this Agreement and the Prgram Requirements, as may be amended frm time t time. The current versin f Exhibit B is incrprated herein by reference as thugh set frth at length. The Department reserves the right t amend the Prgram Requirements as set frth belw. Prvider s authrity t prvide agent services is cnditined upn its strict cmpliance with the Prgram Requirements. 8. Prvider shall respnsibly perfrm agent services in accrdance with 75 Pa.C.S. Chapters 11 (relating t certificate f title and security interests); 13 (relating t registratin f vehicles); and 75 (relating t authrizatin f agent and messenger services). Furthermre, Prvider shall cmply with 75 Pa.C.S (relating t limitatin n sale, publicatin and disclsure f recrds) and shall make all statutrily required payments that are prerequisite t perfrmance f the agent services t be prvided under this Agreement, including but nt limited t payments t the Mtr Vehicle Transactin Recvery Fund. See, e.g. 75 Pa.C.S Prvider shall als cmply with 67 Pa. Cde Chapter 43 (including but nt limited t SAMPLE thse prtins pertaining t cards and plates). Where this Agreement r ther written plicies f the Department prvide a mre stringent standard f Prvider perfrmance and cnduct than existing statutes r regulatins, this Agreement and its Prgram Requirements shall apply. 9. Prvider shall require that each applicant fr title r registratin prvide, at the time f making applicatin, prf f identificatin that cmplies with the Department s prf f identificatin plicies, and shall verify the authenticity f each applicant s prf f identificatin dcument in the manner prescribed by the Prgram Requirements and Exhibit B. 10. The Department reserves the right t revise the Prgram Requirements as circumstances, in its sle judgment, may warrant. Prvider agrees that the Department may deliver ntice f the revisins electrnically t the address set frth in Prvider s applicatin (Exhibit A). The Department s ntice shall be effective upn issuance, and Prvider agrees that it will be deemed t have accepted the revisins and that it will cmply 15

16 with such revisins unless it exercises its ptin t terminate the Agreement by giving the Department 30 days ntice as prvided belw. 11. Prvider shall at all times maintain the highest degree f security ver and cnfidentiality f infrmatin furnished by the Department and its custmers and shall take all necessary steps t prevent the divulgence r use f such infrmatin in any frm r manner nt expressly permitted by this Agreement. 12. Prvider agrees that the Department may impse the fllwing sanctins fr Prvider s failure t cmply with this Agreement and the Prgram Requirements, the Vehicle Cde, and the Departments regulatins: a. Suspend Prvider s certificate f authrity fr the acts and missins listed and fr the perids specified in Paragraph 17; b. Suspend Prvider s certificate f authrity indefinitely as prvided in Paragraph 18, r fr failure t cmply with this Agreement and the Prgram Requirements, the Vehicle Cde, and the Departments regulatins, until Prvider is in cmpliance; r c. Revke Prvider s certificate f authrity fr the acts and missins listed in Paragraph The Department may als terminate this Agreement fr gd cause shwn, including, but nt be limited t-- SAMPLE a. Revcatin f Prvider s certificate f authrity; b. Failure t cmply after an indefinite suspensin has lasted fr mre than 60 days; c. Culpable cnduct in the perfrmance f this Agreement r cnvictin f a crime f such a nature that cntinuatin f the cntractual relatinship is inimical t the interests f the Department; r d. Misrepresentatin r fraud n the part f Prvider in entering int r administering the terms f this Agreement. 14. Prvider agrees that its remedies fr suspensin, revcatin, r terminatin are limited t an appeal under 2 Pa.C.S (relating t general rules f administrative practice and prcedure f administrative agencies); 1 Pa. Cde Part II (relating t general 16

17 rules f administrative practice and prcedure); and 67 Pa. Cde Chapter 491 (relating t administrative practice and prcedure), which shall be initiated by filing a written request fr a hearing within 30 days f the date f the ntice prvided by the Department. 15. Prvider agrees that the Department reserves the right t suspend Prvider s peratins under this Agreement n an interim basis prir t a hearing, where it determines that Prvider s cnduct presents an immediate and substantial threat f serius harm t the public r the Department s interests. Any such interim suspensin shall be subject t review as prvided in 67 Pa. Cde Chapter 491 (relating t administrative practice and prcedure). 16. In the case f multiple instances f prhibited acts r missins arising ut f the same facts and circumstances, the Department may impse separate sanctins fr each prhibited act r missin under the schedule set frth belw. The Department may als direct that suspensins be served cncurrently r cnsecutively and the Department reserves the right t impse sanctins f lesser duratin than thse set frth abve, as it may deem apprpriate. Acts r missins f the same nature as prir acts and missins may warrant impsitin f a sanctin in excess f thse set frth belw, as deemed necessary and apprpriate by the Department. 17. Prvider agrees that the fllwing acts r missins are prhibited and if Prvider engages in any f the fllwing acts r missins, any such act r missin, alne, r cmbined with ther similar acts r missins, shall be cnsidered sufficient grunds fr suspensin f Prvider s certificate f authrizatin in accrdance with the fllwing schedule: SAMPLE Prhibited Act r Omissin (1) The Prvider has failed t allw inspectin f dcuments r plates in the pssessin f the agent service by authrized Cmmn-wealth emplyees r law enfrcement first vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended until the dcuments, plates, r bth, are made available, plus ne (1) mnth. (2) The Prvider has given, laned r sld a plate r prduct including frms MV-1, MV-4ST and MV-120 t an issuing Prvider, ntary r ther persn first vilatin. (3) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 30 days f issuance. first vilatin. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus ne (1) mnth. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). 17

18 Prhibited Act r Omissin (4) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 30 days f issuance. secnd vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus three (3) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). (5) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 60 days f issuance. first vilatin. (6) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 60 days f issuance. secnd vilatin. (7) The Prvider has submitted a dcument t the Department fr prcessing which has been accmpanied by an uncllectible r dishnred check drawn n an accunt used by the Prvider first vilatin. Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus three (3) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus six (6) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). Written warning and Certificate f Authrizatin suspended until the uncllectible checks, prtest fees and cllectin charges are paid. SAMPLE (8) The Prvider has submitted a dcument t the Department fr prcessing which has been accmpanied by an uncllectible r dishnred check drawn n an accunt used by the Prvider secnd vilatin. (9) The Prvider has failed t cmply with an rder frm the Department t submit certified checks, pstal r ther mney rders with a dcument t the Department fr prcessing first vilatin. Certificate f Authrizatin suspended until uncllectible checks, prtest fees and cllectin charges are paid, plus ne (1) mnth. Certificate f Authrizatin suspended fr ne (1) mnth. (10) The Prvider has failed t prvide the Department with an inventry reprt within 30 days, as required by Department regulatins first vilatin. (11) The Prvider has charged a fee in excess f the fee allwed fr prviding an applicant with a temprary plate under Department regulatins first vilatin. Certificate f Authrizatin suspended until reprt is prvided. Certificate f Authrizatin suspended fr three (3) mnths. 18

19 Prhibited Act r Omissin (4) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 30 days f issuance. secnd vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus three (3) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). (5) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 60 days f issuance. first vilatin. (6) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 60 days f issuance. secnd vilatin. (7) The Prvider has submitted a dcument t the Department fr prcessing which has been accmpanied by an uncllectible r dishnred check drawn n an accunt used by the Prvider first vilatin. Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus three (3) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). Certificate f Authrizatin suspended until the dcuments, fees r taxes are delivered plus six (6) mnths. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). Written warning and Certificate f Authrizatin suspended until the uncllectible checks, prtest fees and cllectin charges are paid. SAMPLE (8) The Prvider has submitted a dcument t the Department fr prcessing which has been accmpanied by an uncllectible r dishnred check drawn n an accunt used by the Prvider secnd vilatin. (9) The Prvider has failed t cmply with an rder frm the Department t submit certified checks, pstal r ther mney rders with a dcument t the Department fr prcessing first vilatin. Certificate f Authrizatin suspended until uncllectible checks, prtest fees and cllectin charges are paid, plus ne (1) mnth. Certificate f Authrizatin suspended fr ne (1) mnth. (10) The Prvider has failed t prvide the Department with an inventry reprt within 30 days, as required by Department regulatins first vilatin. (11) The Prvider has charged a fee in excess f the fee allwed fr prviding an applicant with a temprary plate under Department regulatins first vilatin. Certificate f Authrizatin suspended until reprt is prvided. Certificate f Authrizatin suspended fr three (3) mnths. 19

20 Prhibited Act r Omissin (12) The Prvider has issued prducts at a lcatin nt apprved by the Department first vilatin. (13) The Prvider has nt listed r btained prper insurance infrmatin as required by 75 Pa.C.S 1318(b) first vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended fr three (3) mnths and peratin suspended at unapprved lcatin until apprved by Department r clsed by the Prvider. Certificate f Authrizatin suspended fr three (3) mnths. (14) The Prvider has reissued a temprary registratin card withut written authrizatin frm the Department first vilatin. (15) The Prvider has reissued a temprary registratin card withut written authrizatin frm the Department secnd vilatin. (16) The Prvider has charged a fee fr issuance f a temprary registratin card in vilatin f 75 Pa.C.S. 1310(c) first vilatin. (17) The Prvider has charged a fee fr issuance f a temprary registratin card in vilatin f 75 Pa.C.S. 1310(c) secnd vilatin. (18) The Prvider has failed t maintain the established place f business in accrdance with cntract requirements first vilatin. (19) The Prvider has nt issued registratin plates in cnsecutive rder, beginning with the lwest number in each series first vilatin. Certificate f Authrizatin suspended fr three (3) mnths.). Certificate f Authrizatin suspended fr six (6) mnths. Written warning. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended until the established place f business is brught int cmpliance with cntract requirements. Written warning. SAMPLE (20) The Prvider has nt issued registratin plates in cnsecutive rder, beginning with the lwest number in each series secnd vilatin. (21) The Prvider has nt listed the date f the issuance f the registratin cards, plates, permits r ther prducts designated by the Department first vilatin. (22) The Prvider has nt listed the date f the issuance f the registratin cards, plates, permits r ther prducts designated by the Department secnd vilatin. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. 20

21 Prhibited Act r Omissin (23) The Prvider has failed t ntify the Department f a change in wnership, lcatin, address, staff engaged in the prvisin f agent services, r duly authrized and currently licensed ntary n staff, befre r within 10 days after the change first vilatin. (24) The Prvider has failed t keep the registratin card r dcuments related t an applicatin fr title r registratin in strict cnfidence first vilatin. (25) The Prvider has failed t keep the registratin card r dcuments related t an applicatin fr title r registratin in strict cnfidence secnd vilatin. (26) The Prvider has issued plates fr a vehicle fr which a title has already been issued, unless permitted under Department regulatins first vilatin. (27) The Prvider has issued plates fr a vehicle fr which a title has already been issued, unless permitted under Department regulatins secnd vilatin. (28) The Prvider has issued a metal plate fr transprting a vehicle ut f State first vilatin. (29) The Prvider has issued a metal plate fr transprting a vehicle ut f State secnd vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended until an applicatin related t the change in lcatin has been submitted and apprved Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr six (6) mnths. Written warning. Certificate f Authrizatin suspended fr three (3) mnths Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. SAMPLE (30) The Prvider has nt listed its name and identificatin number n tw r mre applicatins and checks submitted t the Department first vilatin. (31) The Prvider has nt listed its name and identificatin number n tw r mre applicatins and checks submitted t the Department secnd vilatin. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. (32) The Prvider has issued a metal plate fr a vehicle fr which a certificate f salvage has been issued first vilatin. Certificate f Authrizatin suspended fr ne (1) mnth. (33) The Prvider has issued a metal plate fr a vehicle fr which a certificate f salvage has been issued secnd vilatin. Certificate f Authrizatin suspended fr three (3) mnths. 21

22 Prhibited Act r Omissin (34) The Prvider has issued the incrrect type f plate fr a particular vehicle first vilatin. (35) The Prvider has issued the incrrect type f plate fr a particular vehicle secnd vilatin. Perid f Suspensin f Certificate f Authrizatin Written warning. Certificate f Authrizatin suspended fr three (3) mnths. (36) The Prvider has failed t pst fees, hurs f peratin, r certificate f authrizatin as required by this Agreement first vilatin. (37) The Prvider has failed t pst fees, hurs f peratin, r certificate f authrizatin as required by this Agreement secnd vilatin. (38) The Prvider has failed, n mre than tw ccasins, t be pen during psted business hurs first vilatin. (39) The Prvider has failed, n mre than tw ccasins, t be pen during psted business hurs secnd vilatin. (40) The Prvider has refused t accept r service a separate check r mney rder made payable t the Cmmnwealth fr fees and taxes due t the Cmmnwealth first vilatin. (41) The Prvider has refused t accept r service a separate check r mney rder made payable t the Cmmnwealth fr fees and taxes due t the Cmmnwealth secnd vilatin. Written warning. Certificate f Authrizatin suspended fr ne (1) mnth. Written warning Certificate f Authrizatin suspended fr three (3) mnths. Written warning. Certificate f Authrizatin suspended fr three (3) mnths. SAMPLE (42) The Prvider has failed t prvide prper security fr registratin cards and plates first vilatin. (43) The Prvider has failed t prvide prper security fr registratin cards and plates secnd vilatin. (44) The Prvider has refused t issue, upn request, a registratin card t an wner r lessee f a vehicle wh has prper dcumentatin first vilatin. (45) The Prvider has refused t issue, upn request, a registratin card t an wner r lessee f a vehicle wh has prper dcumentatin secnd vilatin. (46) The Prvider has failed t maintain a schedule f business hurs which cnfrms t the requirements f this Agreement first vilatin. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. Written warning. Certificate f Authrizatin suspended fr three (3) mnths. Written warning. 22

23 Prhibited Act r Omissin (47) The Prvider has failed t maintain a schedule f business hurs which cnfrms t the requirements f this Agreement secnd vilatin. (48) The Prvider has issued an in-transit tag withut verificatin that the vehicle will be transprted t anther state fr registratin first vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. (49) The Prvider has issued an in-transit tag withut verificatin that the vehicle will be transprted t anther state fr registratin secnd vilatin. (50) The Prvider has failed t furnish receipts as required r failed t retain duplicate cpies f receipts fr three (3) years first vilatin. (51) The Prvider has failed t furnish receipts as required r failed t retain duplicate cpies f receipts fr three (3) years secnd vilatin. (52) The Prvider has issued a registratin card r plate t an applicant withut receiving prper prf f wnership dcumentatin first vilatin. (53) The Prvider has issued a registratin card r plate t an applicant withut receiving prper prf f wnership dcumentatin secnd vilatin. Certificate f Authrizatin suspended fr three (3) mnths. Written warning. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. SAMPLE (54) The Prvider has failed t file and retain required recrds under this Agreement first vilatin. (55) The Prvider has failed t file and retain required recrds under this Agreement secnd vilatin. (56) The Prvider has n mre than ne ccasin failed t cmply with any prvisin f the Vehicle Cde r Department regulatins nt specifically nted elsewhere in this Agreement first vilatin. (57) The Prvider has n mre than ne ccasin failed t cmply with any prvisin f the Vehicle Cde r Department regulatins nt specifically nted elsewhere in this Agreement secnd vilatin. Written warning. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. 23

24 Prhibited Act r Omissin (58) An wner, fficer r emplyee f Prvider has been cnvicted f a summary ffense related t the titling, registratin r payment f sales tax fr a vehicle, which was cmmitted in cnnectin with the Prvider and its business first vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended fr three (3) mnths. (59) The Prvider has failed t meet the training requirements pursuant t this Agreement first vilatin. (60) The Prvider has failed t meet the training requirements pursuant t this Agreement secnd r subsequent vilatin. (61) The Prvider has prcessed an applicatin cntaining an address/addresses which d nt crrespnd t the address/addresses displayed n the apprved Pennsylvania prf f identificatin submitted with that applicatin. first vilatin. (62) The Prvider has prcessed an applicatin cntaining an address/addresses which d nt crrespnd t the address/addresses displayed n the apprved Pennsylvania prf f identificatin submitted with that applicatin. secnd vilatin. (63) The Prvider has failed t request and retain State Plice criminal backgrund checks as required by this Agreement first vilatin. Certificate f Authrizatin suspended until Prvider and/r emplyees attend the required training curses. Certificate f Authrizatin suspended until Prvider and/r emplyees attend the required training curses, plus ne (1) mnth. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended until Prvider cmes int cmpliance with applicable sectins f this Agreement. SAMPLE (64) The Prvider has failed t enter required infrmatin int the in-transit plate nline tracking system at the time f issuance f an in-transit plate first vilatin. (65) The Prvider has failed t enter required infrmatin int the in-transit plate nline tracking system at the time f issuance f an in-transit plate secnd vilatin. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. (66) The Prvider has issued an in-transit plate fr a vehicle that has been issued a certificate f salvage r nn-repairable certificate first vilatin. (67) The Prvider has issued an in-transit plate fr a vehicle that has been issued a certificate f salvage r nn-repairable certificate secnd vilatin. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. 24

25 Prhibited Act r Omissin (68) The Prvider, its wner, r emplyee has prcessed an applicatin fr title r registratin but failed t verify the public Vehicle Identificatin Number f the vehicle as required by this Agreement applicable laws and regulatins first vilatin. Perid f Suspensin f Certificate f Authrizatin Certificate f Authrizatin suspended fr ne (1) mnth. (69) The Prvider, its wner, r emplyee has prcessed an applicatin fr title r registratin but failed t verify the public Vehicle Identificatin Number f the vehicle as required by this Agreement applicable laws and regulatins secnd vilatin. (70) An unauthrized emplyee r individual has issued a registratin card r plate assigned t the Prvider first vilatin. (71) An unauthrized emplyee r individual has issued a registratin card r plate assigned t the Prvider secnd vilatin. (72) Prvider has issued registratin cards r plates but has delivered dcuments that are incmplete, invalid r therwise defective. first vilatin. (73) Prvider has issued registratin cards r plates but has delivered dcuments that are incmplete, invalid r therwise defective. secnd vilatin. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr ne (1) mnth. Certificate f Authrizatin suspended fr three (3) mnths. SAMPLE (74) Prvider has failed t cmply with any Department plicy r prcedure nt therwise mentined abve first vilatin. (75) Prvider has failed t cmply with any Department plicy r prcedure nt therwise mentined abve secnd vilatin. Certificate f Authrizatin suspended fr three (3) mnths. Certificate f Authrizatin suspended fr six (6) mnths. 18. Ntwithstanding any suspensin perid stated abve, if Prvider has nt remedied the act r missin resulting in suspensin at the end f any suspensin perid, the suspensin shall cntinue beynd the suspensin perid stated abve (r in the Department s written ntice) until the act r missin is fully remedied t the satisfactin f the Department. 25

26 19. Prvider agrees that the fllwing acts r missins are prhibited and if Prvider engages in any f the fllwing acts r missins, any such act r missin, alne, r cmbined with ther similar acts r missins, shall be cnsidered sufficient grunds fr revcatin f Prvider s certificate f authrizatin in accrdance with the fllwing schedule: (1) The Prvider has issued a registratin card r plate cntaining a misstatement f fact r ther false infrmatin which the Prvider knew r shuld have knwn t be false first vilatin. (2) The Prvider has accepted prf f identificatin dcuments which fail t cnfrm t Department guidelines in cnnectin with issuance f the registratin cards r plates first vilatin. (3) The Prvider has re-issued a temprary registratin card withut written authrizatin frm the Department third vilatin. (4) The Prvider has prcessed applicatins r issued registratin cards r plates withut prper dcumentatin as required by the Department first vilatin. (5) The Prvider has failed t allw inspectin f dcuments r plates in the pssessin f the Prvider by authrized Cmmnwealth emplyees r law enfrcement secnd vilatin. (6) The Prvider has cnsigned r transferred plates t ther issuing Prviders, ntaries r persns secnd vilatin. (7) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 30 days f issuance third vilatin. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). (8) Prvider has issued prducts but failed t deliver prper dcuments, fees r taxes t the Department within 60 days f issuance third vilatin. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). SAMPLE 26

27 (9) The Prvider has issued registratin cards r plates but has failed t deliver prper dcuments, fees r taxes t the Department within 90 days f issuance first vilatin. The Department may als impse liquidated damages in an amunt cnsistent with applicable law (including but nt limited t 75 Pa.C.S r such ther law enacted r prmulgated fllwing executin f this Agreement). (10) The Prvider has been cnvicted f a felny r misdemeanr relating t the titling, registratin r cllectin f sales tax and fees fr a vehicle r an wner, fficer r emplyee has been cnvicted f any felny relating t mtr vehicles within the last 10 years first vilatin. (11) The Prvider has submitted a dcument t the Department fr prcessing which has been accmpanied by an uncllectible r dishnred check drawn n an accunt used by the Prvider third vilatin. (12) The Prvider has failed t cmply with an rder frm the Department t submit certified checks, pstal r ther mney rders with a dcument t the Department fr prcessing secnd vilatin. (13) The Prvider has failed t prvide the Department with an inventry reprt within 30 days, as required by Department regulatins secnd vilatin. (14) The Prvider has charged a fee in excess f the fee allwed fr prviding an applicant with a temprary plate under Department regulatins secnd vilatin. (15) The Prvider has ffered r delivered mney, gifts r ther items f substantial value t a Cmmnwealth emplyee first vilatin. (16) The Prvider has perated an additinal lcatin withut ntifying the Department secnd vilatin. SAMPLE (17) The Prvider has failed t disclse material infrmatin r has made a materially false statement n the applicatin fr certificate f authrizatin, and which wuld have been a basis fr denial f the certificate f authrizatin first vilatin. (18) The Prvider has nt listed r btained prper insurance infrmatin as required by 75 Pa.C.S. 1318(b) secnd vilatin. 27

28 (19) The Prvider has charged a fee fr the issuance f a temprary registratin card in vilatin f 75 Pa.C.S. 1310(c) third vilatin. (20) The Prvider has failed t maintain the established place f business in accrdance with cntract requirements secnd vilatin. (21) The Prvider has nt issued registratin plates in cnsecutive rder, beginning with the lwest number in each series third vilatin. (22) The Prvider has nt listed the date f the issuance f the registratin cards, plates, permits r ther prducts designated by the Department third vilatin. (23) The Prvider has failed t ntify the Department f a change in wnership, lcatin, address, staff engaged in the prvisin f agent services, r duly authrized and currently licensed ntary n staff, befre r within 10 days after the change secnd vilatin. (24) The Prvider has failed t keep the registratin card and dcuments related t the applicatin fr title r registratin, r bth, in strict cnfidence third vilatin. (25) The Prvider has issued registratin plates fr a vehicle fr which a title has already been issued, unless permitted under Department regulatins third vilatin. (26) The Prvider has issued a metal plate fr transprting a vehicle ut-f-state third vilatin. (27) The Prvider has nt listed its name and identificatin number, as required, n SAMPLE tw r mre applicatins and checks submitted t the Department third vilatin. (28) The Prvider has issued a metal plate fr a vehicle fr which a certificate f salvage has been issued third vilatin. (29) The Prvider has issued the incrrect type f plate fr a particular vehicle third vilatin. (30) The Prvider has failed t pst fees, hurs f peratin, r certificate f authrizatin as required by this Agreement third vilatin. (31) The Prvider has failed n tw r mre ccasins t pen during psted business hurs third vilatin. 28

29 (32) The Prvider has refused t accept a separate check r mney rder made payable t the Cmmnwealth fr fees and taxes due t the Cmmnwealth third vilatin. (33) The Prvider has failed t prvide prper security fr registratin cards and plates third vilatin. (34) The Prvider has refused t issue, upn request, a registratin card t an wner r lessee f a vehicle wh pssesses prper dcumentatin third vilatin. (35) The Prvider has failed t maintain an adequate schedule f business hurs third vilatin. (36) The Prvider has issued an in-transit plate withut verificatin that the vehicle will be transprted t anther state fr registratin third vilatin. (37) The Prvider has failed t furnish receipts as required r failed t retain duplicate cpies f receipts fr three (3) years third vilatin. (38) The Prvider has issued a registratin card r plate t an applicant withut prper prf f wnership dcumentatin third vilatin. (39) The Prvider has failed t file and retain required recrds under this agreement third vilatin. (40) The Prvider has n mre than ne ccasin failed t cmply with any prvisin f the Vehicle Cde r Department regulatins nt specifically nted elsewhere in this Agreement third vilatin. (41) The Prvider has been cnvicted f a summary ffense, relating t the titling, SAMPLE registratin r payment f sales tax fr a vehicle, which was cmmitted in cnnectin with the agent services prvided under this Agreement secnd vilatin. (42) The Prvider has prcessed an applicatin cntaining an address/addresses which d nt crrespnd t the address/addresses displayed n the apprved Pennsylvania prf f identificatin submitted with that applicatin third vilatin. (43) The Prvider has failed t enter required infrmatin int the in-transit plate nline tracking system at the time f issuance f an in-transit plate third vilatin. 29

30 (44) The Prvider has issued an in-transit plate fr a vehicle that has been issued a certificate f salvage r nn-repairable certificate third vilatin. (45) The Prvider has prcessed an applicatin fr title r registratin but failed t verify the public Vehicle Identificatin Number f the vehicle as required by this agreement applicable laws and regulatins third vilatin. (46) An unauthrized emplyee r individual has issued a registratin card r plate assigned t the Prvider third vilatin. (47) Prvider has issued registratin plates but has delivered dcuments that are incmplete, invalid r therwise defective third vilatin. (48) Prvider has failed t cmply with any Department plicy r prcedure nt therwise mentined abve third vilatin. 20. Prvider agrees that it shall immediately surrender its certificate f authrizatin and Department Prducts, including but nt limited t registratin cards and plates, title and registratin materials, fr the duratin f any such perid f suspensin r revcatin, r upn terminatin f this Agreement. 21. Terminatin f the Agreement (r an expressin f an intent nt t renew the Agreement) by either party des nt relieve Prvider f its bligatin t cmply with this Agreement, its attachments and the Prgram Requirements, all f which shall survive terminatin r nnrenewal and remain in full frce and effect during any suspensin r revcatin f a certificate f authrizatin. Prvider may terminate this Agreement r nt SAMPLE renew it upn 30 days written ntice t the Department, and upn prviding such ntice f terminatin r nnrenewal, shall upn the effective date f such terminatin r nnrenewal, immediately, return all unissued Prducts and related materials t the Department. Fllwing terminatin r nnrenewal, any Prvider intending t enter int a new agreement with the Department t prvide agent services shall resubmit a full applicatin t the Department, unless therwise agreed between the parties. 22. Prvider shall file and maintain with the Department a bnd in the amunt f $30, fr each f Prvider s apprved business lcatins, s as t secure the faithful perfrmance f this Agreement and its Prgram Requirements. The bnds shall be executed by a surety cmpany authrized by law t transact business in this Cmmnwealth and shall be fr the use and benefit f the Cmmnwealth and persns wh have sustained a 30

31 mnetary lss attributable t the intentinal r negligent cnduct f the Prvider r Prvider s emplyees, including but nt limited t lsses incurred in negtiating checks r ther instruments drawn by the Prvider, in accrdance with 67 Pa. Cde 43.9(d). If the amunt available under the bnd is decreased, r if there is a final judgment utstanding n the bnd, the Department reserves the right t suspend r revke Prvider s certificate f authrizatin until steps are taken, satisfactry t the Department, t restre the riginal amunt f the bnd, prvide an additinal bnd r satisfy the utstanding judgment. If the bnd is terminated r becmes unsatisfactry fr any reasn, the Prvider s certificate f authrizatin shall be suspended until the Prvider furnishes the Cmmnwealth with a satisfactry substitute bnd in the amunt required by the Department. The Department reserves the right t increase the amunt f financial security t be furnished under this sectin and the Department reserves the right t accept ther frms f financial security (ther than bnds), if apprved in writing by the Department. 23. The Prvider agrees t be bund by the current versins f the Cmmnwealth s Prvisins Cncerning the Americans With Disabilities Act, Nndiscriminatin/Sexual Harassment Clause, the Cntractr Integrity Prvisins, Cntractr Respnsibility Prvisins and the Right-t-Knw Law Prvisins, which are attached heret as Exhibits C, D, E, F and G, respectively and incrprated herein by reference as thugh set frth at length. The term cntractr as used in these prvisins shall mean Prvider. 24. The Prvider shall cmply with all applicable federal laws, state laws, applicable SAMPLE regulatins and lcal rdinances in carrying ut its bligatins under this Agreement, which nw exist r may be enacted, prmulgated r implemented in the future. 25. The Prvider agrees t save harmless, indemnify and, if requested, defend the Cmmnwealth f Pennsylvania, the Department, their fficers, emplyees r agents frm and against all claims, suits r actins fr damages, csts r expenses arising, r alleged t have arisen, frm death r injury t persn r prperty, r ther damage as a result f any act r missin f the Prvider in perfrming this Agreement and agent services. 26. The laws f the Cmmnwealth f Pennsylvania shall apply t this Agreement and be used in the interpretatin f this Agreement. 27. This Agreement, Prgram Requirements and the attachments heret cnstitute the entire agreement between the parties. 31