DATABASE SERVICES AGREEMENT
DBPR CONTRACT NO. 00-00000-00
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AGREEMENT dated as of the 11TH day of JUNE, 1998, by and between
AMERICAN CARD TECHNOLOGY, INC., a Delaware corporation (the "Company"), and
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF
PARI-MUTUEL WAGERING, a government agency of the State of Florida (the
"Department").
WITNESSETH:
WHEREAS, the Company is in the business of developing, marketing, and
supplying card-based identification systems using proprietary computer chip
technology (collectively, "Smart Cards"), in part comprised of related Smart
Card user verification, identifier, and other technology included within the
Company's Smart Card-based identification system (the "Smart Card Technology")
and computer hardware and software which incorporates the Smart Card Technology,
including all improvements and enhancements thereto (collectively, the
"Products"); and
WHEREAS, the Department has requested that the Company design, develop,
and maintain for the Department Smart Card Technology and Products which have
applications to the pari-mutuel licensing and regulatory industry, including a
database system of licensing and ruling information accessible to the Department
through the Internet (the "Smart-Net System") as more specifically described in
the proposal set forth in EXHIBITS A, B, AND C and made a part hereof, based
upon the single-server configuration set forth therein (the "Proposal"); and
WHEREAS, the Company has a Database System Agreement in place with the
North American Pari-Mutuel Regulators Association, a Kansas non-profit
corporation ("NAPRA"), of which the Department is a member, to collect licensing
information, rulings, orders, and disciplinary actions taken against licensees
of all NAPRA member jurisdictions; and
WHEREAS, the Company will link the Department's database to the NAPRA
database in order to transmit licensing information, rulings, orders, and
disciplinary actions taken against licensees; and
WHEREAS, the Company is willing to so develop and maintain the Smart-Net
System, subject to the terms set forth herein.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements contained herein, the parties hereto agree as follows:
1 DEVELOPMENT OF THE SMART-NET SYSTEM. The Smart-Net System will be
developed by the Company pursuant to the specifications set forth in EXHIBITS A,
B, AND C attached hereto and made a part hereof (the "Specifications"). The
Department will have input with respect to the desired end product, but the
Company will have ultimate responsibility for and authority with respect to the
Smart-Net System development. The Company and the Department shall cooperate to
modify, improve, and/or alter the Smart-Net System to reasonably accommodate the
applications set forth in the Proposal and the Specifications. As a condition
of the Smart-Net System development by the Company, the Department agrees that
it will in no way modify, improve, or otherwise alter the Smart-Net System
except as set forth in this paragraph 1.
2 OWNERSHIP. All software developed to provide access to and output
from the database shall remain the property of the Company subject to the
Department's non-exclusive irrevocable right in perpetuity to use such software
solely as part of the Smart-Net system, which right may not be assigned except
pursuant to this agreement. Data stored in the database, and other such hard
data provided to the company is the sole property of the Department. Any smart
card-related software and/or processes, patents, copyrights or any other
intellectual property of the company shall remain the sole and exclusive
property of the company.
3 OBLIGATIONS OF THE DEPARTMENT.
(a) The Department shall meet with the Company and technical
personnel who will participate in the development of the Smart-Net System.
(b) The Department shall work with the Company to design and develop
the Smart-Net System and to cooperate with the Company in the development,
operation, management, and maintenance of the Smart-Net System, including
recommending modifications to the Smart-Net System with respect to the use of
the Smart-Net System by the Department.
(c) The Department shall pay for development and design of the
database not to exceed Forty-Seven Thousand Five Hundred dollars ($47,500.00),
and Company shall invoice the Department in four (4) equal payments of
$11,875.00 at end of each quarter that the work is completed, and shall make
monthly payments of $4,750 in payment of the Database Services Fee as set forth
in the Proposal on the first of each and every month during the term hereof
commencing with the installation of the Smart-Net System.
(d) The Department shall pay the Company $400.00 for each separate
physical location in which the Company installs the Smart-Net System for the
Department and provides up to eight (8) hours of on-site training.
(e) The Department shall reimburse the Company for travel in
accordance with Section 112.061, Florida Statutes.
(f) In the event that the Department requests changes or enhancements
to the Smart-Net System not set forth in the Specifications, the Company shall
evaluate such requests as made for cost and feasibility. If the parties agree
to make such changes, the Department shall pay the Company an amount not to
exceed $100.00 per hour for such additional programming of the Smart-Net System.
4 OBLIGATIONS OF THE COMPANY.
(a) The Company shall develop the Smart-Net System to meet the
objectives set forth in the Specifications, including.
(b) The Company shall provide 54 Smart Card readers at a per-unit
price of $75.00, two (2) Smart Card printers (including chip card encoders) at a
price of $19,000.00, and 27 digital image capturing equipment systems
("Cheeze") at a per-Cheeze price of $600.00. The Company shall supply
additional items of the foregoing hardware items as requested by the Department
at the prices set forth in the Proposal, subject to adjustment based upon
changes in the costs of production or packaging of such hardware items.
(c) The Company shall supply 19,000 one (1) kilobit chip cards and
6,000 three (3) kilobyte Smart Cards for creating badges (collectively, the
"Cards") at a price per Card as set forth in the Proposal.
(d) The Company shall provide up to two (2) days of initial training
of up to fifteen (15) of Department personnel at a single centralized location
with respect to the use of the Smart-Net System as set forth in the Proposal.
(e) The Company shall convert existing data on Department licensees
for use on the Smart-Net System.
(f) The Company shall operate and maintain the database included in
the Smart-Net System, including, without limitation, manipulation, and
compilation of data and communication with the Department, and to endeavor to
modify the format or other aspects of the Smart-Net System as recommended by the
Department pursuant to paragraph 4(h) hereof.
(g) The Company shall ship the Cards and Products F.O.B. Marietta, GA
to the Department at the Division of Pari-Mutuel Wagering, Bureau of Operations,
0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxx 00000-0000 (or
such other location that the Department may select). Such shipment shall be
freight collect by a carrier selected by the Department.
(h) The Company agrees to provide to the Department during the term
of this Agreement (i) telephone customer support, available twenty-four (24)
hours a day, seven (7) days a week, with a maximum response time of four (4)
hours, for the hardware and software furnished by the Company in connection with
the Smart-Net System and for problems arising from Internet connectivity with
respect to the Smart-Net System, and (ii) up to ten (10) hours, after the
Department grants final approval that the database system is fully functional,
monthly to make minor enhancements and modifications to the Smart-Net System.
Additional support and services shall be provided to the Department at an amount
not to exceed $100.00 per hour.
(i) The Company shall install the Smart-Net System in 27 physical
facilities, provide on-site training of personnel at each such facility for up
to eight (8) hours, and maintain the database included in the Smart-Net System,
including, without limitation, manipulation, and compilation of data and
communication with the Department at the rates set forth in the Proposal under
"Option 1 - Single Server Configuration."
(j) In the event that the Department requests a dual server
configuration as provided for in the Proposal, the Company shall provide such
service at the prices set forth in the Proposal under "Option 2 - Dual Server
Configuration."
(k) In the event that the Department requests additional training for
personnel beyond that provided by the Company pursuant to paragraph 4(d) hereof,
the Company shall provide such training at a rate of $1,500.00 for each one (1)
day training session or part thereof.
5 REPRESENTATIONS AND WARRANTIES.
(a) The Company hereby represents and warrants to the Department that
the Company is duly organized and validly existing under the laws of the State
of Delaware and has the capacity to enter into this Agreement, and execution and
delivery of this Agreement has been duly authorized by the Company. The Company
further warrants the goods and services to be merchantable and fit for the
particular purposes intended subject to the limitation set forth elsewhere
herein.
(b) The Department hereby represents and warrants to the Company as
follows:
(i) The Department has the capacity to enter into this
Agreement, and execution and delivery of this Agreement has been duly
authorized by the Department and the State of Florida.
(ii) At all times during the term of this Agreement, the
Department shall purchase Cards and Products only from the Company.
6 TERM OF AGREEMENT; OPTION TO RENEW AGREEMENT; TERMINATION.
(a) Unless otherwise terminated or cancelled as provided herein, the
term of this agreement from July 1, 1998, and shall terminate on June 30, 1999.
This contract may be renewed on a yearly basis for a period of up to two (2)
years after the initial contract term or for a period no longer than the term of
the original contract, whichever period is longer. Renewals are contingent upon
receipt of sole source approval and satisfactory performance as determined by
the DEPARTMENT, and are subject to the availability of funds. To renew the
contract, the parties must execute a written renewal agreement prior to the end
of the expiring contract term. Renewals shall be upon the same terms and
conditions.
(b) Either party may terminate this Agreement during the Initial Term
or any Renewal Term immediately upon the material breach of, or the failure to
comply in any material respect with, any term or provision of this Agreement by
the other party, and the failure of the breaching party to cure any such breach
or failure to comply within thirty (30) days after written notice from the
non-breaching party.
(c) Any termination of this Agreement whatsoever shall not affect any
accrued rights or liabilities of either party nor shall it affect the coming
into force or the continuance in force of any provision of this Agreement which
is expressly or by implication intended to come into force or continue in force
on or after that termination.
7 ASSIGNMENT. The Company may not assign or transfer its interests and
obligations in this Agreement to any affiliated entity or to any purchaser of
substantially all of the assets of the Company. The Department may not assign
or transfer its interests and obligations hereunder without the prior written
consent of the Company, which consent may be withheld for any reason.
8 INDEMNIFICATIONS.
(a) The Company agrees to indemnify and hold harmless the Department
from any and all costs, debts, claims, demands, damages, losses, liabilities,
actions or causes of action, including legal fees, arising out of the breach of
this Agreement by the Company.
9 LIMITED WARRANTY AND LIMITATION OF LIABILITY. The Company shall
provide such limited warranties for the Products and the Cards as the Company
receives from the manufacturer of the Products and Cards. The Company shall not
be liable for any special, incidental, or consequential damages of any kind
arising in connection with the Smart-Net System, the Smart Cards, the Products,
this Agreement or the transactions contemplated hereunder.
10 CONFIDENTIALITY.
(a) The Department shall treat as confidential all information
concerning the Smart-Net System and the proprietary technology of the Company
which may be disclosed to it.
(b) The Department shall take all reasonable steps to ensure that its
employees, agents, and representatives shall maintain the confidentiality of the
matters referred to in this paragraph 10.
(c) Neither party shall, without the prior written consent of the
other, make or authorize any advertisement, public announcement, or press
release referring or relating to the subject matter of this Agreement or any
other confidential information which may have come to the knowledge of that
party in the course of the negotiation or subsistence of this Agreement.
(d) The foregoing obligations as to confidentiality shall remain in
full force and effect notwithstanding any termination of this Agreement.
(e) The Department acknowledges that any breach of the covenants or
agreements contained herein will cause the Company substantial, continuing, and
irreparable damages. The Department agrees that in addition to any other rights
and remedies available to the Company following a breach of any covenant or
agreement contained in this paragraph 10 (including, without limitation, payment
of damages), the Company shall be entitled to an injunction to be issued by any
court of competent jurisdiction enjoining such breach.
11 MARKETING LIMITATIONS.
(a) The Department shall not disclose any information with respect to
the Smart-Net System, Smart Cards, Products, or Smart Card Technology other than
as necessary to market and promote the Smart-Net System, Smart Cards, and
Products to Protected Customers.
(b) The Department will keep possession of and control over any
Products and Smart Cards which may come into its possession and shall effect and
maintain such security measures as are reasonably necessary to safeguard the
Smart-Net System, Products, and Smart Card Technology from access or use by any
unauthorized persons.
(c) Neither the Department, its employees, agents, nor
sub-contractors shall decompile, disassemble, or reverse engineer the object or
source code of the Smart-Net System, Products, or Smart Cards nor attempt to do
any of these things.
(d) Neither the Department, its employees, agents, nor
sub-contractors shall alter, obscure, remove, interfere with or add to any of
the trademarks, trade names, markings, or notices affixed to or contained in the
Smart-Net System, Smart Cards, or Products.
12 WAIVERS. A waiver (whether express or implied) by one of the parties
of any of the provisions of this Agreement or of any breach of or default by the
other party in performing any of those provisions shall not constitute a
continuing waiver and that waiver shall not prevent the waiving party from
subsequently enforcing any of the provisions of this Agreement not waived or
from acting on any subsequent breach of or default by the other party under any
of the provisions of this Agreement. Payment or acceptance of any sum shall not
constitute a waiver.
13 SEVERABILITY. The invalidity, illegality, or unenforceability of any
of the provisions of this Agreement shall not affect the validity, legality, and
enforceability of the remaining provisions of this Agreement.
14 NOTICES. All notices required to be given pursuant to this Agreement
shall be deemed given when actually delivered, if delivered in person, or three
(3) days after being deposited in the United States Postal Service, postage
prepaid, and addressed to the receiving party as follows:
For the Company: 0000 Xxxxxxx Xxxx Xxxx
Xxxxxxxx 0000 - Xxxxx 000
Xxxxxxxx, Xxxxxxx 00000
Attention: President
Facsimile: (000) 000-0000
WITH A COPY TO: Xxxx & Xxxxxxxx P.C.
000 Xxxxx Xxxxxx, 00xx Xxxxx
Xxxxxxxx, Xxxxxxxxxxx 00000-0000
Attention: Xxxxxxx X. Xxxx, Xx., Esq.
Facsimile: (000) 000-0000
For the Department: 0000 Xxxxx Xxxxxx Xxxxxx
Xxxxxxxxxxx, Xxxxxxx 00000-0000
Attention: Ms. Xxxxxxx Xxxxxx, Director
Facsimile: (000) 000-0000
15 GOVERNING LAW. This Agreement shall be interpreted in its entirety in
accordance with the laws of the State of Florida.
16 INDEPENDENT STATUS. Nothing in this Agreement shall be construed to
constitute the Department as a partner, employee, joint venturer, franchisee, or
agent of the Company.
17 FORCE MAJEURE. Neither party shall incur any liability for delay in
performance or non-performance, except payment obligations, arising from
circumstances beyond the reasonable control of the party affected, including
delays due to accident, fire, flood, government regulation, strike,
insurrection, war and acts of God.
18 ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto
comprise the entire agreement between the parties relating to the subject matter
hereof and supersedes all prior agreements, proposals, letters of intent,
representations, and commitments. This Agreement may be amended only by an
instrument executed by the authorized representatives of both parties.
19 COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which
together shall be deemed one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
AMERICAN CARD TECHNOLOGY, INC.
By: /s/ Xxxxxxx Xxxxxxx, Xx.
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Its President
FLORIDA DEPARTMENT OF BUSINESS AND
PROFESSIONAL LICENSING, DIVISION OF
PARI-MUTUEL WAGERING
By: /s/ Xxxxxx Xxxxxxxx
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Its
WITH THEIR SIGNATURES, the parties agree to all the provisions in this
addendum, in duplication original, as of the day and year above. Florida law
governs this contract.
STATE OF FLORIDA
/s/ Xxxxxx Xxxxxxxx /s/ Xxxxxxx Xxxxxxx, Xx.
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For XXXXXXX X. XXXXXXX AMERICAN CARD TECHNOLOGY, INC.
SECRETARY XXXXXXX XXXXXXX, XX., PRESIDENT
DEPARTMENT OF BUSINESS AND PROFESSIONAL 0000 XXXXXXX XXXX XXXX
REGULATION XXXX. 0000, XXXXX 000
0000 XXXXX XXXXXX XXXXXX XXXXXXXX, XXXXXXX 00000
XXXXXXXXXXX, XXXXXXX 00000-0000
6-11-98 June 8, 1998 Date
--------------------------------- -----------------------------
DATE (SIGNED BY BPR SIGNED AUTHORITY) (SIGNED BY CONTRACTOR)
PHONE NUMBER: (000) 000-0000
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APPROVED AS TO FORM AND LEGALITY.
/s/ Xxxxx X. Xxxxxxxx 00-0000000
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Xxxxx X. Xxxxxxxx FEDERAL EMPLOYER I. D. NUMBER OF
GENERAL COUNSEL SOCIAL SECURITY NUMBER
F97000001066
---------------------------------
FLORIDA CORPORATION REGISTRATION
NUMBER
APPROVED AS TO FORM AND SUBSTANCE.
/s/ Xxxx X. Xxxxxxx
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XXXX X. XXXXXXX
CONTRACT MANAGER
/s/ Xxxxx Xxxx
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CONTRACT ADMINISTRATOR
ADDENDUM
TO
CONTRACT NUMBER 00-00000-00
THIS ADDENDUM is made and entered into this 11 day of JUNE , 1998 by
and between the Department of Business and Professional Regulation, hereinafter
called the DEPARTMENT, and American Card Technology, Inc. hereinafter referred
to as the CONTRACTOR.
Contractual services as modified by this Addendum may begin on July 1,
1998, or upon full execution of this Addendum, whichever is the later date; and
contractual services shall end on June 30, 1999. Total consideration for
contractual services shall not exceed One Hundred Fifteen Thousand Three Hundred
Dollars ($115,300.00) exclusive of travel and expenses. Invoices for
development and design shall not exceed Forty-Seven Thousand Five Hundred
Dollars ($47,500.00), and shall be submitted upon completion of the work.
Invoices in the amount of Four Thousand Seven Hundred Fifty Dollars ($4,750.00)
for database services shall be submitted monthly during the term of the contract
commencing with the installation of the Smart-Net System and shall not exceed
Fifty-Seven Thousand Dollars ($57,000.00). Invoices in the amount of Four
Hundred Dollars ($400.00) per site for installation and training shall be
submitted monthly for work completed and shall not exceed Ten Thousand Eight
Hundred Dollars ($10,800.00).
WHEREAS, the DEPARTMENT enters into the attached contract with CONTRACTOR
for development and design of a licensing database, database services,
installation, and training of licensing personnel, which attachment is
identified as DATABASE SERVICES AGREEMENT; and
WHEREAS, the parties to this agreement recognize that the attached contract
provided by CONTRACTOR contains provisions that conflict with requirements which
must be observed by agencies of the State of Florida, or fails to contain
certain provisions which must under Florida law be included in contracts entered
into by state agencies; and
WHEREAS, the parties agree that the provisions of this Addendum are
incorporated into and made a part of the agreement between the parties and that
whenever the following provisions conflict with any of the provisions of the
contract to which this Addendum is attached, the following provisions shall
prevail;
NOW, THEREFORE, the DEPARTMENT and the CONTRACTOR agree to modify the
original contract as follows:
SPECIAL PROVISIONS
1. ADVERTISING: The CONTRACTOR agrees to permanently refrain from using
or mentioning his/her association with the DEPARTMENT in advertisements,
letterhead, business cards, etc.; however, the CONTRACTOR'S services to the
DEPARTMENT may be generally stated and described in the CONTRACTOR'S
professional resume' only upon prior written approval or consent of the
DEPARTMENT. Furthermore, the CONTRACTOR may not give the impression in any
event or manner that the DEPARTMENT recommends or endorses the CONTRACTOR.
2. SERVICES: The CONTRACTOR shall perform and render as an independent
contractor and not as an agent, representative, or employee of the DEPARTMENT,
all the services described herein in a proper and satisfactory manner as
determined by the DEPARTMENT in its sole discretion.
GENERAL PROVISIONS
1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582,
Florida Statutes, the DEPARTMENT'S performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Florida Legislature.
2. AUDIT: All invoices shall be submitted by the CONTRACTOR to the
DEPARTMENT with sufficient detail for a proper pre-audit or post-audit.
3. CANCELLATION: This contract may be terminated by either party with or
without cause, by giving thirty (30) days written notice to the other party;
said notice shall be sufficient if it is delivered to the party personally or
mailed by certified mail to the mailing address as specified herein. In case of
cancellation, only the costs actually accrued for services satisfactorily
performed prior to the date of cancellation shall be due and payable, and all
work in progress shall remain the property of the DEPARTMENT and shall be
delivered to the DEPARTMENT.
4. ENTIRE AGREEMENT: This Addendum and attached contract constitute the
entire agreement of the parties and no other agreement or modification to this
contract, expressed or implied, shall be binding on either party unless same
shall be in writing and signed by both parties. This agreement may not be
orally modified. Any modification must be in writing, expressly titled a
modification, amendment, or addendum to this contract, attached to this
contract, and signed by both parties.
5. LIABILITY: Each party hereby assumes any and all risks of personal
injury and property damage attributable to the acts or omissions of that party
or its officers, employees, or agents. Furthermore, any claim of liability
asserted against the DEPARTMENT may be subject to the limitations under Section
768.28, Florida Statutes.
6. PAYMENT:
(A) Section 215.422, Florida Statutes, provides that state agencies have
five (5) working days to inspect and approve goods and services, unless bid
specifications, the contract, or the purchase order specifies otherwise. With
the exception of payments to health care providers for hospital, medical, or
other health care services, if payment is not available within forty (40) days,
measured from the latter of the date the invoice is received, or the goods or
services are received, inspected and approved, a separate interest penalty of
.02740% will be due and payable in addition to the invoice amount. Payments to
health care providers for hospitals, medical or other health care services,
shall be made not more than thirty-five (35) days from the date of eligibility
for payment is determined. Invoices returned to a vendor due to preparation
errors will result in a payment delay. Invoice payment requirements do not
start until a properly completed invoice is
provided to the agency. A Vendor Ombudsman, whose duties include acting as an
advocate for vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency, may be contacted at (000) 000-0000, or by
calling the State Comptroller's Hotline, 0-000-000-0000.
(B) Invoices shall be submitted by the CONTRACTOR to the DEPARTMENT for
development, design, installation, and training upon completion of services, and
monthly for database services. Payment is due within forty (40) days after
receipt of each invoice. No advance payments are authorized by this contract.
7. PRIORITY: CONTRACTOR represents that all services required pursuant
to this employment contract shall be given first and immediate priority.
8. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes,
CONTRACTOR shall allow access to all documents, papers, letters or other
materials subject to Chapter 119, Florida Statutes. If CONTRACTOR refuses
access to such documents, the DEPARTMENT may petition any court to compel
production of such documents. CONTRACTOR shall then pay all costs and attorney
fees pursuant to this action.
The DEPARTMENT may unilaterally cancel this contract for refusal by the
CONTRACTOR to allow public access to all documents, papers, letters, or other
material originated or received by the CONTRACTOR in conjunction with the
contract subject to the provisions of Chapter 119, Florida Statutes.
9. TRAVEL AND EXPENSES:
(A) Payment for travel shall be in accordance with Section 112.061,
Florida Statutes.
(B) The CONTRACTOR shall contact the undersigned contract manager prior to
incurring any travel or any other expenses. The contract manager may require
pre-authorization and pre-approval of any or all travel or expenses on "State of
Florida Authorization To Incur Travel Form." In the event pre-authorization is
required and CONTRACTOR fails to provide documentation of same, CONTRACTOR shall
not be reimbursed for same.
(C) Requests for reimbursement are to be submitted on a "State of Florida
Voucher for Reimbursement of Traveling Expenses" form.
10. RENEWAL: This contract may be renewed on a yearly basis for a period
of up to two (2) years after the initial contract term or for a period no longer
than the term of the original contract, whichever period is longer. Renewals
are contingent upon receipt of sole source approval and satisfactory performance
as determined by the DEPARTMENT, and are subject to the availability of funds.
To renew the contract, the parties must execute a written renewal agreement
prior to the end of the expiring contract term. Finally, renewals shall be upon
the same terms and conditions.
11. ATTORNEY'S FEES: Except as provided in the clause entitled "Public
Documents", and as otherwise provided by law, the parties agree to be
responsible for their own attorney's fees incurred in connection with disputes
arising under the terms of this agreement.
12. DISPUTES: This contract shall be governed by and construed in
accordance with the laws of Florida, and the DEPARTMENT is entitled to assert
venue for any disputes arising out of this contract in Xxxx County, Florida.
13. OTHER EMPLOYMENT: CONTRACTOR shall not engage the services of any
person or persons now employed by the State of Florida, including any department
or subdivision thereof, to provide services relating to this contract without
written consent of the employer of such person or persons and of this
DEPARTMENT. Also, if CONTRACTOR is employed by the State of Florida during the
term of this agreement, CONTRACTOR represents that he or she has complied with
all applicable provisions of Section 216.262(1)(d), Florida Statutes, regarding
outside or dual employment and compensation.
14. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
15. NOTICE TO CONTRACTOR: The DEPARTMENT shall consider the employment by
any contractor of unauthorized aliens a violation of section 274A(e) of the
Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this contract.
All other terms and conditions of the contract shall remain the same.
(THIS SPACE LEFT BLANK.)
WITH THEIR SIGNATURES, the parties agree to all the provisions in this
addendum, in duplicate original, as of the day and year first above. Florida
law governs this contract.
STATE OF FLORIDA
/s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
Secretary
Department of Business and Professional
Regulation
0000 Xxxxx Xxxxxx Xxxxxx
Xxxxxxxxxxx, Xxxxxxx 00000-0000
6-11-98
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Date (Signed by BPR Signing Authority)
Approved as to form and legality.
/s/ Xxxxx X. Xxxxxxxx
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Xxxxx X. Xxxxxxxx
General Counsel
/s/ Xxxxxxx Xxxxxxx, Xx.
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American Card Technology, Inc.
Xxxxxxx Xxxxxxx, Xx., President
0000 Xxxxxxx Xxxx Xxxx
Xxxx. 0000, Xxxxx 000
Xxxxxxxx, Xxxxxxx 00000
8-11-98 Date
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(Signed by Contractor)
Phone Number: (000) 000-0000
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00-0000000 Federal Employer I.D. Number or Social Security Number
--------------------------
F97000001066 Florida Corporation Registration Number
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Approved as to form and substance.
/s/ Xxxx X. Xxxxxxx
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Xxxx X. Xxxxxxx
Contract Manager
/s/ Xxxxx Xxxx
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Xxxxx Xxxx
Contract Administrator
