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HomeMy WebLinkAbout2024-162e-Clmpact Flex -Plan Order Form Contract Classification: New This Flex -Plan Agreement (" Agreement) is entered into by and between Seabrooks Too LLC ("Seabrooks") and Indian River County In Vero Beach, Florida ("Subscriber"). The use of e-Cimpact Services described herein ("Services") by Subscriber is governed by the e-Clmpact Flex -Plan Terms and Conditions attached to this Agreement. t mplementation /Activation One -Time Fee pacI One -Time e-Clmpact Implementation Fee • Up to 16 hours of remote consultation and hands-on training while working with your Account Manager. Eight (8) meetings of an average of two (2) hours each to be completed during the ninety (90) day implementation period. • Configuration of forms for either an Application Process or a Reporting Process, plus one Evaluation form. Forms will be reviewed during implementation meeting #2, and configured prior to implementation meeting #4. • Training Series for the administration of e-Clmpact. • Implementatioh period is concluded within 90 days of first implementation meeting. e-Clmpact Flex -Plan Subscription Services Monthly Subscription Fee based on up to 49 accounts Up to 49 Accounts and 2 System Administrator accounts* The monthly e-Clmpact Flex Plan subscription fee includes: • Access to ALL features and functionality in e-Clmpact • Unlimited number of Investments Processes and forms (application and progress reports) Unlimited technical support* for System Administrator Users Access to e-Clmpact Support Site, documentation and recorded trainings • Access to on-df3mand, online videos and documentation* • Access the e-Cimpact Hands-on Lab* Note: See Addendum "A"far additional Flex Plan Subscription levels Sae Addendums "a" and "C"for definitions of items marked with an **Special Terms: • Soct Addendum D for additional terms and conditions. Non-recurring Charge $7,999 *Paid in quarterly installments of $1,999.75 over first year of service Monthly Recurring Charge $471' scabmc-Eks This e-Clmpact Flex -Plan Order Form is effective for a period of one (24) months and commences upon August 15, 2024. The order automatically renews for successive 12 -month terms until terminated by either party,ppon written (including email) notice delivered at least 30 days prior to the expiration of the then existing term. All implementation fees on this order are invoiced in advance of the scheduled implementation meeting. All subscription fees are invoiced at the beginning of the month for which service is being billed and are due upon the invoice receipt date per Notices section of Subscription Services Agreement. Subscriber may adjust its e-CAmpact Flex -Plan Subscription Services at any time, subject to any applicable increase in fees, which will be pro -rated in accordance with Addendum "A". This order is governed by the terms of the Subscription Services Agreement between the parties, which terms are incorporated into this order for all purposes. If there is a conflict between the terms of this order and the agreement, this order governs. This order and the agreement are the entire agreement between the parties, and they supersede and replace all prior and contemporaneous negotiations, agreements, representations and discussions regarding this subject matter. This confirms that the Subscriber identified below is purchasing the e-Clmpact Flex -Plan Service described in this Order Form. Subscriber Name: Indian River County Billing Contact: Cindy Emerson, Director of Community Services Billing Address: 1801 27"' Street, Vero Beach, Florida 32960 Billing Email: cemerson@indianriver.gov Subscriber represents and vbarrants that the individual executing this e-Clmpact Flex -Plan Order Form on Subscriber's behalf has the necessary authority to bind the Subscriber. Seabrooks Too LLC P.O. Box 831176 Richardson, TX 75083-1176 214.254.4696 �. Signature: Name: /7% ,�y� ✓%,1C i%Cly Title: �-- Date: Federal ID: 82-0686602 Salesperson: Laura Cisneros Subscriber: Indian River County Signature: Name: 1ni er H_yde Title;Purchasing Manager Date: S f 11. /; ' Subscriber: Signature Name: Title: Date: t-7 ��'�O ohn Titkanich County Administrator 2 sC),abr ks ADDENDUM "A" e-Cimpact Flex Plan Rates At any time during the life of this Agreement, the Subscriber may elect to adjust the Subscription Services and monthly recurring rate as listed below. Adjustments to the Subscription Service will begin immediately; the difference in monthly recurring fees will be pro -rated and invoiced in accordance with this Order Form and Subscription Services Agreement. b"Urnpact Flex Plan nnonmry auuaur Nuvn na%ca %4-- A en Accounts stored in e-Cimpact Recurring Monthly Fee Subscriber: $471- ql to 49 Accounts $99 Name: $658 50_— 74 Accounts $99_. Purchasing Manager Title: Date: $834 75 — 99 Accounts Additional Agency Accounts and Storage Recurring Monthly Fee Subscriber: 5ignaturw Additional System Administrator Account $99 Name: Je ni er H e Additional Collaborator/Sub-Licensee Account $99_. Professional Services are available for an additional fee. Contact Sales oDseabrooks.com for additional information and current pricing. Design and Configuration of Form(s) Design and Configuration of Reports and Exports Remote Consultation, Implementation and Configuration Services Remote Personalized Training Onsite e-Cimpact Implementation Consultation or Personalized Training (inclusive of travel and occommodotion expenses) — 2-4 consecutive 7 -hour days Subscriber represents and warrants that the individual executing this Addendum on Subscriber's behalf has the necessary authority to bind the Subscriber. Subscriber: Indian River County Subscriber: 5ignaturw Signature: Name: Je ni er H e Name: Title: Purchasing Manager Title: Date: $ l 1 f, I _ Date: ;In*diRi ohn Titkh County Administrator 3 ADDENDUM "B" e-Clmpact FLEX PLAN SUBSCRIPTION SERVICES SUBSCRIPTION SERVICES 1.1 Support, Training, Maintenance and Hosting: Subscription Services are based on the total number of account (agency) records stored in e-Clmpact and include hosting, secure data storage and backup, all regular maintenance releases, and upgrades, access to weekly trainings and remote labs, and unlimited technical support for System Administrator Users. 1.1.1. Support: Seabrooks shall make available technical support via telephone, email, and Live Chat to any System Administrator User assigned by Subscriber in accordance with this Agreement. Such technical support will be provided directly to the Subscriber. Support is available, 9:00 am — 6:00 pm Central Time, Monday through Friday, excluding holidays. 1.1.2. Training: Seabrooks shall make available remote labs at no additional charge to Authorized Administrative User assigned by Subscriber in accordance with this Agreement. 1.1.3. Hosting: e-Clmpact is a SaaS (Software as a Service) based system and resides a secure hosted environment and is delivered to the user's desktop securely over the Internet. There are no Subscriber hardware server requirements. 1.1.4. SSL: e-Clmpact automatically encrypts Subscriber's confidential information in transit from Subscriber's computer to Seabrooks using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128 -bits. Once Subscriber's information reaches Seabrooks, it resides on a server that is heavily guarded both physically and electronically. 1.2 Upgrades and Maintenance Releases Seabrooks may, at its sole discretion, modify, enhance and/or expand the features of a Service from time to time at no additional cost to Subscriber. e-Clmpact software upgrade and patch cycle runs weekly from 12AM — 2AM CST. Seabrooks performs routine maintenance once a month on the 2nd Saturday of each month from 12AM — 2AM CST. Users are notified of major upgrades in advance. Subscriber represents and warrants that the individual executing this Addendum on Subscriber's behalf has the necessary authority to bind the Subscriber. Subscriber: Indian River County Signature: ',' Name: Je i er Hyde I itle: Purchasing Manager Date:j— Subscriber: Ind' n i'rGCounty �""/� Signature: Name: John Titkanich Title: County Administrator _ Date: - - - )12q t I 4 s0r oks ADDENDUM " C" .e-Clmpact FLEX PLAN SUBSCRIPTION DEFINITIONS 1. DEFINITIONS Authorized Admin Site User is a User with access to the Administrative Site assigned any role or permissions other than the full permissions of the Administrator Role. Administrator User is an Authorized Admin Site User with additional privileges. Administrator Users have the ability to create and configure forms, have access to the Report Builder and Designer, and may add "Authorized Administrative Site User' accounts and assign permissions. Administrators have access to Technical Support. Account means any agency record / profile created and stored in e-Cimpact whether the agency account has a status of active or inactive. Form refers to a document used by e-Clmpact to submit user data to the server. Online forms resemble paper forms in thattisers fill out the forms using checkboxes, radio buttons, and text fields. Each form within e-Clmpact is verified /validated independently. Order Form means a form signed by Subscriber identifying the type and quantity of Services being purchased and the associated fees. An Agreement Form is effective only when signed by Subscriber and either signed or acknowledged by Seabrooks Too LLC. "subscriber represents and warrants that the individual executing this Addendum on Subscriber's behalf has the necessary authority to bind the Subscriber. Subscriber: Indian River County Signature: Name: len er Hyde Title: Purchasing Ma..n., ger_ Date: �._. 11L a1 Subscriber:Ind' n River County %Signature: �c Name: ohn Titkanich Title: County Administrator Date: p a I r 5 sc rwks SUBSCRIPTION SERVICES AGREEMENT This agreement is between Seabrooks Too LLC, a Texas limited liability company (Seabrooks), and the customer agreeing to these terms (Subscriber). It is dated as of the date Seabrooks signs below. 1. Software service. This agreement provides the Subscriber access to and usage of an Internet based software service as specified on an order (Service). 2. USE OF SERVICE. a. Subscriber Owned Data. All data uploaded or entered by Subscriber or any person granted access by Subscriber in accordance with this agreement remains the property of Subscriber, as between Seabrooks and Subscriber (Subscriber Data). Subscriber Data may not include individually identifying or sensitive information, as further described in the Service's technical documentation. Subscriber grants Seabrooks the right to use the Subscriber Data solely for purposes of performing under this agreement. During the term of this agreement, Subscriber may export its Subscriber Data as allowed by functionality within the Service. b. Access and Usage. i. Subscriber may allow its employees, contractors and Collaborators to access the Services in compliance with the terms of this agreement, which access must be for the sole benefit of Subscriber or in the case of a Collaborator, for the sole benefit of the Collaborator's process or project; provided however, Subscriber must (a) provide Seabrooks with prior written notice of the requirement to allow a third party contractor or Collaborator to access or use of the Service, (b) pay for Collaborator's access and use of the Service, (c),pssign itself to the 'administrator role' in the Service (Collaborators may not be assigned to this role); and (d) receive written notice from Seabrooks allowing a third party contractor or Collaborator to access or use of the Service. ii. Collaborator is defined as an organization that utilizes the services in the same manner as the Subscriber under the Subscriber's license. iii. Subscriber is solely responsible for (a) the compliance with this agreement by its contractors and Collaborators, (b) the compliance with the Terms of Use by its contractors and Collaborators, and (c) managing its Collaborators' access and use of the Service through the 'user roles and permissions' feature in the Service. c. Subscriber Responsibilities. Subscriber (i) must keep its passwords secure and confidential; (ii) is solely responsible for Subscriber Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Seabrooks promptly of any such unauthorized access; (iv) must maintain and make available when requested by Seabrooks a record of all contractors and Collaborators accessing the Service, and (v) may use the Service only in accordance with the Service's technical documentation, all terms and conditions identified in the order (Order Form), and applicable law. d, Seabrooks Support. Seabrooks must provide Subscriber support as described on Order Form (Support). Support is provided to Subscribers only, not to Collaborators. scabr7,-�x*s e. Other Services. Seabrooks may provide: (i) implementation services, (ii) professional or training services, and (iii) Subscriber -sponsored enhancements as further specified on Order Form (Other Services). ' 3. Payment. Subscriber must pay all fees as specified on the order, but if not specified then upon the invoice receipt date per Notices section of Subscription Services Agreement. Subscriber is responsible for the payment of all sales, use, withholding, excise, and other similar taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement. All payments must be made via an ACH debit or credit card through the Seabrooks payment portal. Subscriber is responsible for creating an account within the Seabrooks payment portal prior to the first day of service. Subscriber is responsible for ensuring the designated payment method is valid prior to processing, on the 51" day of each month. 4. MUTUAL CONFIDENTIALITY. a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of. the information and the circumstances of disclosure (Confidential Information). Seabrooks' Confidential Information includes without limitation the Service, its user interface design and layout, and pricing information, and the API (defined in 5c). b. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement. c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its,disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order. 5. Seabrooks PROPERTY. ,,, Reservation of Rights. The software, workflow processes, user interface, designs, API (defined in 5c), and other technologies provided by Seabrooks as part of the Service are the proprietary property of Seabrooks and Its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights,, remain only with Seabrooks. Subscriber may not remove or modify any proprietary marking or restrictive legends in the Service or API. Seabrooks reserves all rights unless expressly granted in this agreement. 41 7 soabr� ks b. Restrictions. Subscriber may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity, except as provided for in Section 2(b) above; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third -party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) reverse engineer the Service or the API; or (vi) access the Service or use the API to build a competitive service or product, or copy any feature, function or graphic for competitive purposes. C. API. Seabrooks provides access to its application -programming interface and associated documentation (API) as part of the Service for no additional fee. Subject to the other terms of this agreement, Seabrooks grants Subscriber a non-exclusive, nontransferable, terminable license to interact with the API only through the Service and only as allowed by the API. Subscriber may riot use the API in a manner --as reasonably determined by Seabrooks--that exceeds reasonable request volume, constitutes excessive or abusive usage, or fails to comply with the API Policy or with any part of the API. If any of these occur, Seabrooks can suspend or terminate Subscriber's access to the API on a temporary or permanent basis. Seabrooks may change or remove existing endpoints or fields in API results upon at least 30 day notice to Subscriber, but Seabrooks will use commercially reasonable efforts to support the previous version of the API for at least 6 months. Seabrooks may add new endpoints or fields in API results without prior notice to Subscriber. Seabrooks will maintain and provide access to an API, unless it terminates the API for all Subscribers with notice, as it is not technically feasible or economically viable to continue granting access to the API. The API is provided on an 'AS IS' and 'WHEN AVAILABLE' basis. Seabrooks has no liability to Subscriber as a result of any change, temporary unavailability, suspension, or termination of access to the API. d Anonymized Data. During and after the term of this agreement, Seabrooks may use and owns all anonymized data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes. 6. WARRANTY DISCLAIMER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SERVICE, THE API, AND OTHER SERVICES ARE PROVIDED "AS IS" AND "WHEN AVAILABLE." SEABROOKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON - INFRINGEMENT. WHILE SEABROOKS TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, SEABROOKS DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. SUBSCRIBER UNDERSTANDS THATTHE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. 7. TERM and Termination. a. Term. This agreement continues until all orders have terminated. b. Mutual Terfnination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30 -day notice/cure period if the breach has not been cured. c. Return Seabrooks Property Upon Termination. Upon termination of this agreement for any reason, Subscriber must pay Seabrooks for any unpaid amounts, and destroy or return all property of 8 r�ks Seabrooks. Upon Seabrooks' request, Subscriber will confirm in writing its compliance with this destructiornor return requirement. d. Suspension for Violations of Law. Seabrooks may temporarily suspend the Service or remove the applicable Subscriber Data, or both, if it in good faith believes that, as part of using the Service, Subscriber has violated a law. Seabrooks will attempt to contact Subscriber in advance. e. Suspension for Non -Payment. Seabrooks may temporarily suspend the Service if Subscriber is more than 30 days late on any payment due pursuant to an order. B, LIABILITY LIMIT, a, EXCLUSION OF INDIRECT DAMAGES. Seabrooks is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits, revenue or anticipated cost savings), even if it knows of the possibility of such damage or loss. b. TOTAL LIMIT ON LIABILITY. Seabrooks' total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Subscriber within the 12 -month period prior to the event that gave rise to the liability. 9. INDEMNITIES. By Seabrooks. Seabrooks will defend or settle any third -party claim against Subscriber to the extent that such claim alleges that Seabrooks' technology used to provide the Service violates a copyright, patent, trademark, or other intellectual property right, if Subscriber promptly notifies Seabrooks of the claim in writing, cooperates with Seabrooks in the defense, and allows Seabrooks to solely control the defense or settlement of the claim. -Costs. Seabrooks will pay infringement claire defense costs it incurs in defending Subscriber, and Seabrooks negotiated settlement amounts, and court -awarded damages. -Process. If such a claim appears likely, then Seabrooks may modify the Service, procure the necessary rights, or replace it with the functional equivalent. If Seabrooks determines that none of these are reasonably available, then Seabrooks may terminate the Service and refund any prepaid and unused fees. -Exclusions, Seabrooks has no obligation for any claim arising from: Seabrooks' compliance with Subscriber's specifications; a combination of the Service with other technology or aspects where the infringement would not occur but for the combination; use of Subscriber Data; or technology or aspects not provided by Seabrooks. This section contains Subscriber's exclusive remedies and Seabrooks' sole liability for intellectual property infringement claims. b, By Subscriber. If a third -party claims against Seabrooks that any part of the Subscriber Data, (i) infringes or violates that party's patent, copyright or other right, or (ii) is libelous, harassing, threatening, obscene, otherwise objectionable, Unlawful or tortious, or is otherwise in violation of third -party right, Subscriber will defend Seabrooks against that claim at Subscriber's expense and pay all costs, damages, and attorney's fees, that a court finally awards or that are included in a settlement approved by Subscriber, provided that Seabrooks: promptly notifies Subscriber in writing of the claim; and allows Subscriber to control, and cooperates with Subscriber in, the defense and any related settlement. 9 r. mks lo. DISPUTE RESOLUTION. In the event of any dispute between Seabrooks and Subscriber relating to this agreement, the parties shall first seek to settle the dispute by mutual agreement. If the parties have not reached a settlement within one week, then thereafter either of them may submit the dispute to arbitration, and if so submitted, such dispute shall be finally settled by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association or its successor. The disputing Parties shall attempt to mutually agree upon a neutral arbitrator. If the disputing Parties cannot reach such agreement, the parties shall request the American Arbitration Association or its successor to designate a neutral arbitrator. Any arbitration shall be conducted in a mutually agreed upon location. The institution of any arbitration proceeding hereunder shall not relieve any Party of its obligation to make payments under this agreement. The decision by the arbitrator shall be binding and conclusive upon the Parties, their successors, assigns and trustees and; hey shall comply with such decision in good faith, and each Party hereby submits itself to the jurisdiction of the courts of the place where the arbitration is held, but only for the entry of judgment or for the enforcement of the decision of the arbitrator hereunder. Judgment upon the award may be entered in any court having jurisdiction. 11. GOVERNING LAW. This agreement is governed by the laws of the State of Texas (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. 12. OTHER TERMS. a. Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Subscriber is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, and no waiver is effective unless the party waiving the right signs a waiver in writing. b. Assignment. Seabrooks may assign this agreement or any of its interest herein (including without limitation rights and duties of performance) to a third party. Subscriber may riot assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned as part of a merger, or sale of substantially all the assets, of Subscriber. c. Independent Contractors. The parties are independent contractors with respect to each other. d. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events. e. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party's intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach. f. No Additional Terms. Seabrooks rejects additional or conflicting terms of any Subscriber fornn- purchasing document. I;. Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails. 11. Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive (including without scab, ks limitation, the confidentiality terms). The UN Convention on Contracts for the International Sale of Goods does not apply. L Use of Subscriber name. Subscriber agrees that Seabrooks may use Subscriber's name and logo to identify Subscriber as a Subscriber of Seabrooks on Seabrooks' website, and as part of a general list of Subscribers for use and reference in Seabrooks' corporate, promotional and marketing materials. Subscriber also agrees that Seabrooks may issue a press release or white paper identifying Subscriber as a Seabrooks' Subscriber, the content of which is subject to Subscriber's prior approval. j. Feedback. If Subscriber provides feedback or suggestions about the Service, then Seabrooks (and those it allows to use its technology) may use such information without obligation to Subscriber. k. Notice. Except as otherwise expressly specified herein, all notices, requests or other communications shall be in writing and shall be deemed to have been given if delivered by electronic mail, return receipt requested, delivered personally or mailed, by certified or registered mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery, electronic delivery, or four (4) days following deposit in the mail. Subscriber represents and warrants that the individual executing this Agreement on Subscriber's behalf has the necessary authority to bind the Subscriber. Seabrooks Too LLC P.O. Box 831176 Richardson, TX 75083-1176 214.254.4696 Signature: 'f Nance: Title: Date: Subscriber: Indian River County Signature: C. Name: J Wife yde Title: Purch• sing Manager Date: 4 (Q� T —.._ 41 Subscriber: AdnSignature:Name: nich Title: County Administrator Date: �J1121 i s !:1 r, oks ADDENDUM "D" Special terms and conditions of the e-Clmpact Flex Plan Order Form between Seabrooks Too LLC (Seabrooks) and Indian River County (Subscriber) are agreed to as follows: 1. Seabrooks is registered with and will use the Department of Homeland Security's E -Verify system (www e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Seabrooks is also responsible for obtaining an affidavit from all subcontractors related to this agreement, as required in Section 448.095(5)(b), F:S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. Seabrooks certifies that it and those related entities of Seabrooks, as defined by Florida law, are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Subscriber may terminate this Contract if Seabrooks, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Seabrooks Too LLC P.O. Box 831176 Richardson, TX ^0' III *7C 214.254.4696 Signature: Name: Title: Date: Subscriber: Indian River County Signature:d► ..____ _ Name: Je ni er Hyde Title: Purchasing Manager Date: —_ Subscriber: Indi River County Signature: _ Name: John Titkanich Title: County Administrator Date: 72_ �' ___