CY2017 1st Amendment 03/24/2017County of Monroe
The Flofida Keys
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 292 -4441 — Phone
(305) 292 -4544 - Fax
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Heather Carruthers, District 3
Danny L. Kolhage, District 1
Sylvia J. Murphy, District 5
TO: Pamela Hancock — Executive Assistant
FROM: Lindsey Ballard, Aide to County Administrator
DATE: March 24, 2017
SUBJECT: Small Contracts for your records
These small contract are for your records only.
Enclosures:
✓ Xerox — 1 Copy
Coastal Systems International, Inc. — 1 Copy
VWorxtime LLC — 1 Copy of each Contract
Advanced Data Solutions, Inc. — 1 Copy — l ;4 1 8]I 4
Thank you,
Lindsey
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Wom ime LLC Contract #
Effective Date: January 1, 2017
Expiration Date: December 31, 2017
Contract Purpose /Description:
Approval of Amendment to 3017 Service Agreement with Womb LLC. Monroe County requ res
spddft anguage In our agreemen s and WorxUme prefin to have an "menftolhajrag reement
vs. Including our languoji in #Wir agre
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Maria Gonzalez 4448 Employee Services/Stop #1
(Name) (Ext.) (Department/Stop #)
CONTRACT COSTS
Total Dollar Value of Contract: $ 5392 Current Year Portion: $
(must be less than $50,000) (If multiyear agreement then
requires BOCC approval, unless the
total cumulative amount is less than
$50,000.00).
Budgeted? Yes&( No ❑ Account Codes: 502 - 08002 53031 -
Grant: $ _
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
Not included in dollar value above e.. maintenance, utilities, j anitorial, salaries, etc.
CONTRACT REVIEW
Changes Date ut
Date In Needed sewer
Department Head Yes❑ NO E�1/
Risk Management a 1 Yes❑ No[ ]/ - 7
O.M.B. /Purchasing 1- 1'1 Yes❑ NoM ( L&
17
County Attorney' Yes❑ No[✓f
Comments:
Page 67 of 70
AMENDMENT TO SUBSCRIPTION AGREEMENT
THIS AMENDMENT ( "Amendment ") TO THE SUBSCRIPTION AGREEMENT ( "Agreement ") is entered into
as of this _ day of January 2017, by and between WORXTIME LLC, a Georgia limited liability company
( "Worxtime ") and Monroe County Board of County Commissioners ( "You," "Your" or "Customer"). Any defined
terms used herein that are not specifically defined herein shall have the same meaning as set forth in the Agreement.
WHEREAS, Worxtime and Customer entered into that certain Agreement, dated L of January 2017 ( "Agreement "),
with respect to the Worxtime Program and certain Services; and
WHEREAS, Worxtime and Customer agree to amend the Agreement as more particularly set forth herein;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Agreement,
Worxtime and Customer hereby agree as follows:
1. DEFINITIONS.
Any defined terms used herein that are not specifically defined shall have the same meanng as set forth
in the Agreement.
2. MODIFICATION TO § 14.17.
The following language is hereby added as a continuation of § 14.17 of the Agreement:
"The Program is a web application that manages eligibility for the 'Look Back Rule,' as defined in the
ADA. The Program manages the meansurement, administrative and stability periods. The Program is
designed to keep You informed, through an automated process, of which employees are eligible for
health benefits and the probability of potential full -time upcoming employees, enabling you to budget
effectively. The Program features the following: (1) a secure web -based data center for all data
submitted and stored; (2) a dashboard that monitors employees' hours; (3) a tool that utilizes uploaded
employee hours to project the probability of an employee becoming eligible for benefits; (4) automated
email alerts; (5) standard and customized reports; (6) a data mapping tool for conversion to formatted
files; (7) storage of employee hours of service; and (8) data files that classify full -time eligible
employees."
3. FLORIDA LOCAL GOVERNMENT PROMPT PAYMENT ACT
The parties agree to adopt and abide by the Florida Local Government Prompt Payment Act, as found
in Fla. Stat. §§ 218.70 -80.
4. SALES AND USE TAXES
Notwithstanding any other terms or conditions contained in the Agreement You are not liable for any
sales or use taxes.
5. PUBLIC RECORDS AND AUDITS:
Pursuant to Fla. Stat. § 119.0701, Worxtime and its subcontractors shall comply with all public records
laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public agency with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided
by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if Worxtime does not transfer the records to the public
agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of Worxtime or keep and maintain public records required by the public agency to perform
the service. If Worxtime transfers all public records to the public agency upon completion of the
contract, Worxtime shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If Worxtime keeps and maintains public records
upon completion of the contract, Worxtime shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to Monroe County, upon request from the
public agency's custodian of records, in a format that is compatible with the information technology
systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470,
brad ley- brian(a_monroecount -fl. gov c/o Monroe County
Attorney's Office, 1111 12 St., Suite 408, Key West FL 33040.
6. ENTIRE AGREEMENT AND CONFLICTS
Except as modified herei, there are no changes to the Agreement, and the Agreement as herein
modified remains in full force and effect. In the event of a conflict betweent the Agreement and this
Amendment, the terms of this Amendment shall control.
7. COUNTERPARTS
This Amendment may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. Execution of the
Amendment by the parties hereto may be evidenced by electronic transmission.
The parties hereby agree and consent to the terms and conditions of this Amendment and
acknowledge such by executing the Amendments below.
Executed by
Customer:
Signature:
Printed Name:
Title:
Date
Signed:
Address:
Monroe County Board of County
MONROE COIjr rY ATTORNEY
APP. OVER AST FORM,
NTHIA. L. HALL
ASSISTANT COU^!TY ATTORNEY
Date__.___...__.._ 1 -1 It J ? o 1 -
Accepted By: Worxtime LLC
ature:
ed Name: Tearle D. Bagwell
:d:
Managing Partner
7500 S. Memorial Pkwy
Address: Suite 211
Hunt ville, AL
Approved y:
Ea
1100 Simonton Street
Room 268
Key West, FL 33040