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EXHIBIT 10.3
CONTRACTUAL SERVICES AGREEMENT
This AGREEMENT, made and entered into this 27th day of September, 1996,
by and between the DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (the
"Department"), State of Florida, and CONCORD COMMUNICATIONS (the "Contractor").
The Department shall not be responsible for attorney fees except as
provided by statute.
The State's fiscal year runs from July 1 through June 30. The State of
Florida's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Legislature.
CONTRACT PERIOD: From September 27, 1996 through September 27, 1999 (3
years)
The contract may be renewed under the same terms and conditions for two
(2) additional one (1) year periods upon the prior written agreement of both
parties. Renewals are contingent upon satisfactory performance evaluations by
the Department and subject to the availability of funds.
The contractor agrees to provide:
The requirements set forth in Section 4 of ITN 009-97, and Concord
Communications best and final offer, which are here by incorporated into and
made a part of this contract.
This Contract may be amended, in writing, by mutual consent of the
parties with the same degree of formality evidenced in this contract.
The Department is an agency of the State of Florida and holds a tax
exempt status. The Department shall not be responsible for any taxes - local,
state or federal - levied against Contractor as a result of this contract.
A purchase order must be issued by the Department in advance for any
charges not covered by this contract.
This contract shall be governed by the laws of the State of Florida.
The Department shall have the right of unilateral cancellation for
refusal by the Contractor to allow public access to all documents, papers,
letters or other material subject to the provisions of Chapter 119 (Public
Records Law) and made or received by the Contractor in conjunction with the
contract.
Bills for fees, services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
The Department's liability in negligence or indemnity for acts of its
employees or officers will be only as provided under Section 768.28, Florida
Statutes, waiver of sovereign immunity in Tort.
With the mutual agreement of both parties, the Contractor or any part
of the Contract may be terminated on an agreed date prior to the end of the
Contract period without penalty to either party.
CONFLICT OF INTEREST: The execution of this contract is subject to the
provisions of Chapter 112, Florida Statutes. The Contractor must disclose the
name of any officer, director or
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agent who is also an employee of the State of Florida, or nay of its agencies.
Further, the Contractor must disclose the name of any State employee who owns,
directly or indirectly, an interest of five percent (5%) or more in the
Contractor's firm or any of its branches.
PRISON INDUSTRIES: It is expressly understood and agreed that any
articles which are the subject of, or required to carry out this contract shall
be purchased from the corporation identified under Chapter 946, F.S. in the same
manner and under the same procedures set forth in Section 946.515(2) and (4),
F.S.; and for purposes of this contract the person, firm or other business
entity carrying out the provisions of this contract shall be deemed to be
substituted for this agency insofar as dealings with such corporation are
concerned. The "corporation identified" is Prison Rehabilitative Industries and
Diversified Enterprises, Inc.
Available products, pricing and delivery schedules may be obtained by
contacting: Xxxxxx Xxxxxx, Bid Administrator PRIDE of Florida, 0000 Xxxxx Xxxxx
Xxxx, Xxxxx X, Xxxxxxxxxxx, Xxxxxxx 00000, telephone (000) 000-0000.
THE TERM OF THE AGREEMENT SHALL PREVAIL OVER ANY INCONSISTENT PROVISIONS OF THE
PRE-PRINTED CONTRACT.
AS TO DEPARTMENT OF HIGHWAY SAFETY
AS TO CONTRACTOR AND MOTOR VEHICLES
/s/ Xxxxxx Xxxxxx /s/ [illegible] Xxxxxx for
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Signature Signature
Xxxxxx Xxxxxx Xxxx Xxxxxxx, CPPO
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Name Name
President Chief of General Services
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Title Title
9/26/96 9/27/96
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Date Date
00-0000000 FLORIDA STATE SALES TAX EXEMPTION
--------------------------- CERTIFICATE NO:
XXXX # OR SOCIAL SECURITY # 02-000040-04-47
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ADDENDUM TO
CONTRACTUAL SERVICES AGREEMENT
DATED SEPTEMBER 27, 1996
This addendum is made and entered into this 28th day of August, 1997,
by and between the DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, State of
Florida and CONCORD COMMUNICATIONS, the Contractor.
The addendum period shall be consistent with the initial contract
number, ITN 009-97, dated September 27, 1996.
The contractor agrees to provide:
All costs associated with installing a 1-800 number and providing all
services required of Contractor as outlined in ITN No. 009-97 for 1-900
service, dated August 19, 1996 and the Contract for 1-900 services
dated September 27, 1996 by and between the Department of Highway
Safety and Motor Vehicles, State of Florida and Concord Communications
to complete the renewal of driver licenses, address changes, court
reinstatements and vehicle address changes, shall be borne by Concord
Communications. Contractor shall be responsible for all phone charges,
installation of all equipment, merchant accounts, credit card
processing.
Contractor fees to be charged to users are as follows:
Driver License Renewal $5.50
Address Change $4.00
Court Reinstatement $4.00
Vehicle Address Change $4.00
Contractor agrees to provide an electronic cash transfer to the State
of Florida every day. This addendum may be changed anytime by mutual
consent.
ALL OTHER TERMS AND CONDITIONS OF THE CONTRACTUAL SERVICES AGREEMENT DATED
SEPTEMBER 27, 1996 AND THE REQUIREMENTS SET FORTH IN ITN NO. 009-97 REMAIN IN
FULL FORCE AND EFFECT. THE TERMS OF THE AGREEMENT SHALL PREVAIL OVER ANY
INCONSISTENT PROVISIONS OF THE PRE-PRINTED CONTRACT.
AS TO CONTRACTOR AS TO DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES
/s/ Xxxxxx Xxxxxx /s/ Xxxx Xxxxxxx
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Signature Signature
Xxxxxx Xxxxxx Xxxx Xxxxxxx
--------------------------- ----------------------------------
Name Name
President Chief of Purchasing Contracts
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Title Title
9/2/97 8/28/97
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Date Date
00-0000000 47-04-025953-52C
--------------------------- FLORIDA STATE SALES TAX
XXXX # OR SOCIAL SECURITY # EXEMPTION NO:
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AMENDMENT #1 TO CONTRACT BETWEEN THE
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
AND CONCORD COMMUNICATIONS, INC.
WHEREAS, the Department of Highway Safety and Motor Vehicles, herein
referred to as the "Department," and Concord Communications, Inc. are under
contract for Concord Communications, Inc. to provide 1-900 driver license
services pursuant to ITN 009-97, and
NOW THEREFORE, the Department and Concord Communications, Inc. agree to
amend the contract entered into by the parties on September 27, 1996 as follows:
1. Concord Communications, Inc. will provide additional access to
the 1-900 program under contract as set forth in ITN 009-97.
2. Concord Communications, Inc. will develop and maintain an
Internet site for those customers who choose to receive driver
license services through an Internet site Web page at no cost
to the State of Florida. Such Web page is to be operational no
later than February 28, 1999.
3. Concord Communications, Inc. will offer the same services on
an Internet site Web page as are available via the 1-900
program and at the same cost to the customer. This includes
the following:
(a) Renewal of a Florida driver license - $5.50
processing fee plus applicable state renewal fee
(b) Renewal of a Florida driver license with an address
change - $5.50 processing fee plus applicable state
renewal fees
(c) Address change on a valid Florida drive license -
$4.00 processing fee plus applicable state license
fees
4. Concord Communications, Inc. will receive Internet site Web
page design approval from the Department prior to
implementation.
5. The department's Web page and Concord Communications, Inc.'s
Web page, created as a result of this Amendment, will be
linked.
6. Concord Communications, Inc. will not advertise, or otherwise
publish, the http address of the Web page created as a result
of this Amendment.
7. Concord Communications, Inc.'s Web server will adhere to the
general Web security standards as outlined in Xxxxxxx Xxxxx'x
latest WWW Security FAQ (xxxx://xxx.x0.xxx/Xxxxxxxx/XXX). In
particular, the Web site will utilize SSL for server
authentication and encryption of data in transit. A
certificate issued from a certifying authority recognized by
Netscape Version 3 and Microsoft Internet Explorer Version 4,
as shipped by their respective vendors, is required. No
personal information from the user (such as name, driver
license number, telephone number or credit card number) will
be stored in Web log files on the server, or in any publicly
accessible non-encrypted data files. All transmissions of
personal data, as outlined above, which traverse any public
network will employ industry standard encryption technologies.
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8. Concord Communications, Inc. will interface this Internet site
with the existing host interface to the Department's database.
Once deemed eligible, the customer will complete the necessary
information and will confirm payment through his or her
telephone xxxx. The customer will receive confirmation of the
transaction from the Web site provided by Concord
Communications, Inc. The service data will then be batched in
the same file with all phone services and downloaded to
Department. Daily and weekly reports will identify any
Internet services.
9. Execution of this Amendment in no way prohibits the Department
from establishing, creating, operating or administering any
other Internet site Web page offering driver licensing renewal
and/or address change services.
IN WITNESS WHEREOF, the Department and Tax Collector have caused this
agreement to be executed in duplicate by their respective official duly
authorized to do so.
AS TO CONCORD AS TO DEPARTMENT OF HIGHWAY SAFETY
COMMUNICATIONS, INC. AND MOTOR VEHICLES
/s/ Xxxxxx Xxxxxx /s/ Xxxx Xxxxxxx
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Signature Signature
Xxxxxx Xxxxxx Xxxx Xxxxxxx, CPPO
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Name Name
President Chief of Purchasing & Contracts
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Title Title
11/14/99 1/13/99
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Date Date
