HomeMy WebLinkAbout1. 08/30/2018 Agreement � BOARD OF COUNTY COMMISSIONERS
Coun 1 y of Monroe . `' Mayor David Rice, District 4
The Florida Keys ,t �.
Mayor Pro Tem Sylvia J. Murphy, District 5
-• Danny L. Kolhage, District 1
Ge tirge Neugent, District 2
Heather Carruthers, District 3
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
TO Pam Hancock, Deputy Clerk
FROM Lindsey Ballard, Aide to County Administrator
DATE: September 7, 2018
SUBJECT: Small Contract — ClearTrack HR, LLC
This small contract is for your records only
Enclosures:
ClearTrack HR, LLC. —1 Copy
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with ClearTrack HR,- LLC- T -- —1 Contract #
Effective Date: August 30, 2018'
Expiration Date: .Tanitaiy 30.201.9..-
Contract Purpose/Description:
Benefit Consulting Agreement between MCBOCC`and.Clear.- Track H1{, LLC to provide
enrollment servlce, `certain benefit communtcatlons, and of certain `lines:of voluntary insurance
• coverage btfective date of agreement is S /30/20 1.8 through 1/29/20 i enrollment, a term °of ttve
Contract is Original Agreement Contract Amendment/Extension Renewal Contract
Manager E ;Marla Fernandez Gonzalez 4448
;Employee Sei_uices /.Stopl_ ._._.__.__.. -.
(Name) (Ext.) . .._ _. _.-.(Departm.ent /_Stop #€)._.. _.
CONTRACT COSTS
Total Dollar Value of Contract: $ /Approx ; Current Year Portion: $ n_a
(must be less than $50,000)
27 (If multiyearagreement then .
$
500 requires BOCC approval, unless the i
q i q total cumulative amount is less than ;
$50,000.00). Budgeted? Yes❑ No FX Account Code:_502- 0.8002 - 530340_
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ . /yr For:
(Not included in dollar value above) (e.g..inaintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
ate In Needed Reviewer ,.j l
Department Head 3 I ty - Yes❑ Not"
- . c ( 5
Risk Management g , : 3-1 a Yes❑ No " 8-,301k
O.M.B. /Purchasing 9 1 i )O
b CT/GM Yes❑ No� �
County Attorney 8 -30 -2018 Yesn 114444 8 -30 -2018
Comments:
2018
Benefit Consulting
Agreement
cleartrackhr
cleartrackhr John McFarland / 256- 275 -4293 / jmcfarland @cleartrackhr.com
ClearTrack HR / 305A Quality Circle / Huntsville, AL 35806
July 17, 2018
Maria Fernandez - Gonzalez
Monroe County BOCC
1100 Simonton Street
Suite 2 -268
Key West, FL 33040
RE: Engagement of Services
Dear Ms. Fernandez - Gonzalez
We are pleased that Monroe County BOCC has designated ClearTrack HR to implement a
self - service enrollment platform for your upcoming open enrollment. We look forward to
developing a mutually rewarding and long- standing relationship with Monroe County
BOCC.
Our goal is to provide a level of service that assures your satisfaction. The first step in realizing this
goal is to ensure that we share a mutual understanding of our relationship.
Maria, we appreciate your business and we look forward to working with you. If you have any
questions or need clarification on any of the service agreement, please do not hesitate to call me.
Sincerely,
John McFarland
President 1 Worxtime HR
(256) 698 -0777
Imcfarland(a)cleartrackHR.com
July 16, 2018 1
BENEFIT CONSULTING AGREEMENT
THIS AGREEMENT, made and entered into as of this, the 30th day of August 2018, by and
between ClearTrack HR, LLC, 305A Quality Circle, Huntsville, Alabama 35806, a foreign
limited liability corporation authorized to do business in the State of Florida, hereinafter
referred to as " ClearTrack HR" or "ClearTrack," and Monroe County Board of County
Commissioners (BOCC), hereinafter referred to as "You or "Your ". CAPITALIZED TERMS
MAY BE DEFINED IN THE BODY OF THE AGREEMENT, IN THE DEFINITIONS SECTION OF THE
AGREEMENT, OR DESIGNATED AS DEFINED IN ANOTHER DOCUMENT, LAW, OR
REGULATION REFERENCED BY THE AGREEMENT. DEFINITIONS SHALL BE APPLICABLE TO
THE AGREEMENT AND ANY ATTACHMENTS, AMENDMENTS, OR EXHIBITS, UNLESS
INDICATED OTHERWISE.
WHEREAS, ClearTrack HR shall provide certain benefit communications, enrollment services, and
enrollment of certain lines of voluntary insurance coverages to Your employees, associates, or
others at the direction of You in accordance with the terms and conditions herein; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
1_0 Description of Services. The services to be performed by ClearTrack HR for You shall
include the services referenced in the body of this Agreement and those listed on Exhibit
A, attached hereto and made a part hereof. The services to be performed may only be
modified as agreed upon by the parties in writing. The parties further agree that
ClearTrack HR is an independent contractor and is not an employee of Monroe County.
ClearTrack HR has the right to determine the means and methods to be used in
accomplishing and providing the services to be rendered hereunder.
2_0 Duties required of You. You shall provide ClearTrack HR with any and all information
related to Your benefit program that ClearTrack HR may reasonably request in order to
perform the services contemplated hereunder including, but not limited to, accurate and
timely information related to You and the plans and products subject to the services.
Furthermore, You shall distribute in a reasonable manner communication material
related to the services being offered by ClearTrack HR. .ClearTrack HR will not
independently verify or authenticate information provided by You or on Your behalf. You
shall solely be responsible for the accuracy and completeness of such information and
other documentation furnished to ClearTrack HR. Additional duties of Yours are listed in
Exhibit B, attached hereto and made a part hereof.
July 16, 2018 2
3_0 Term. This Agreement is effective the date written above and will remain in effect for five
(5) months after the effective date ( "Initial Term ").
4_0 Fees for Services Performed. A schedule of fees for services to be provided by ClearTrack
HR is attached hereto as Exhibit C. You agree to timely pay all fees, costs, and expenses
arising out of or resulting from the services consistent with Exhibit C. This Agreement is
subject to annual appropriation by the Monroe County Board of County Commissioners.
5_0 Expenses. You will not be responsible for direct expenses associated with ClearTrack
HR's services other than those specifically referenced in this Agreement.
6_0 Indemnification.
a. The parties acknowledge that ClearTrack HR is not named a fiduciary with respect
to any plan for which it may provide services. The parties agree that ClearTrack HR
is not nor shall become a fiduciary of any insurance plan as the result of providing
the services anticipated by this Agreement.
b. In order to provide the services identified herein, it may be necessary for
ClearTrack HR to receive from You, or from Your agent, information of a personal
nature that may be protected by various privacy laws ClearTrack HR advises that
You consult with legal counsel as to laws that may impact You or Your plan(s). You
warrant that You or Your agent have the right and authority to disclose certain
protected health information to ClearTrack HR for ClearTrack HR's use in
performing the services anticipated by this Agreement. You warrant that
ClearTrack HR's use of this information to perform the services anticipated by this
Agreement does not violate any privacy notice issued by You, a benefit program
You maintain, or any applicable law.
c. Neither ClearTrack HR nor You shall have any liability for any failure or delay in
performance of obligations under this Agreement because of circumstances
beyond reasonable control, including without limitation, acts of God, fires, floods,
earthquakes, acts of war or terrorism, civil disturbances, sabotage, accidents,
unusually severe weather, governmental actions, power failures,
computer /network viruses that are not preventable through generally available
retail products, catastrophic hardware failures, or attacks on servers.
d. The parties further agree, notwithstanding any other terms or conditions
contained here, that neither ClearTrack HR nor You shall have any liability for
indirect, special, punitive, consequential or incidental damages, including, without
limitation loss of profits.
e. Except to the extent prohibited by law, You will indemnify, defend, and hold
harmless ClearTrack HR, its directors, officers, and associates from and against any
and all claims and /or lawsuits brought by any person, entity or governmental`
authority from and against any and all judgments, settlements, costs, penalties, and
July 16, 2018 3
expenses (including reasonable attorneys' fees and expenses) resulting from or
arising out of criminal conduct, negligence, or fraud on the part of You or any of
Your directors, officers, or associates (acting alone or in collusion with others) in
connection with this Agreement, except to the extent such claim or lawsuit arises
from a wrongful act or wrongful omission that ClearTrack HR, pursuant to rights
under this Agreement, specifically directed You to engage in or which arises from
criminal conduct, negligence, or fraud on the part of ClearTrack HR or any of
ClearTrack HR's directors, officers or associates (acting alone or in collusion with
others).
f. Except to the extent prohibited by law,ClearTrack HR will indemnify, defend, and
hold harmless You, Your directors, officers, and associates from and against any
and all claims and /or lawsuits brought by any person, entity or governmental
authority against any and all judgments, settlements, costs, penalties, and expenses
(including reasonable attorneys' fees and expenses) resulting from or arising out
of criminal conduct, negligence, or fraud on the part of ClearTrack HR or any of its
directors, officers, or associates (acting alone or in collusion with others) in
connection with this Agreement, except to the extent such claim or lawsuit arises
from a wrongful act or wrongful omission that You, pursuant to rights under this
Agreement, specifically directed ClearTrack HR to engage in or which arise from
criminal conduct, negligence, or fraud on the part of You or any of Your directors,
officers or associates (acting alone or in collusion with others).
7.0 Confidentiality.
8.1 To the maximum extent allowed by law and specifically in accordance with Florida
public records law,ClearTrack HR will retain in confidence all information and technical
data derived from or disclosed toClearTrack HR by You, Your Employees, Your
representatives, or Your agents, which is not generally known to the public, hereinafter
referred to as "Confidential Information." Examples of Confidential Information include,
but are not limited to, information or data disclosed in oral, written, graphic, or machine -
readable form or in forms otherwise embodying or displaying such information which is
visible or audible to ClearTrack HR by virtue of ClearTrack HR having an employee,
subcontractor, or agent visiting or performing services at a facility controlled by You or
one of Your subsidiaries, agents or subcontractors; or by having access to Your systems
including, but not limited to, employee information, which may constitute personally
identifiable information. Examples of personally identifiable information include, but are
not limited to, individual names, addresses, phone numbers, email addresses,
employment information, financial information, social security numbers, drivers' license
or other identification card numbers, or other similar information.ClearTrack HR shall
use all Confidential Information solely to perform its obligations under this Agreement.
The disclosure of Confidential Information is subject to privacy laws. This obligation of
confidentiality shall not, however, apply to information that: (a) is or becomes available
July 16, 2018 4
in the public domain through no wrongful act or omission of ClearTrack HR; (b) is
already in ClearTrack HR's rightful possession without an obligation of confidentiality
prior to disclosure by You; (c) is rightfully disclosed to ClearTrack HR by a third party
without an obligation of confidentiality that is known to ClearTrack HR; (d) is
independently developed by ClearTrack HR; or (e) is required to be disclosed by law or
pursuant to any order of a court of competent jurisdiction or regulatory order properly
served on ClearTrack HR.
a. ClearTrack HR agrees to regard and preserve as confidential all records and other
information including but not limited to participant demographic and benefit
election information and any materials developed exclusively for You.ClearTrack
HR will not, without written authority from You, disclose to others during the term
of this Agreement or thereafter, any such records or other information except as
required by applicable law.
b. Upon Termination of this Agreement, each party shall promptly return to the other
party all copies of materials involving confidential information in the other party's
possession or control.
c. Public Records Requirements:
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise
provided by law.
(3) 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 the CONTRACTOR
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the CONTRACTOR or keep and maintain public records that would be
required by the County to perform the service. If the CONTRACTOR transfers all public
records to the County upon completion of the contract, the CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the contract, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with the
information technology systems of the County.
July 16,2018 5
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the CONTRACTOR does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract, notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this provision
by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the County or
pursuant to a valid public records request within a reasonable time may be subject to penalties
under section119.10, Florida Statutes.
■
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
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
PHONE# 305 - 292 -3470 BRADLEY- BRIAN @MONROECOUNTY- FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
•
8.0 Miscellaneous.
8_1 Governing Law. Any action, suit, or proceeding arising under or in connection
with this Agreement must be commenced within two (2) years after the claim or
cause of action arises. This Agreement shall be governed in all respects by the
laws of the state in which You are located, without regard to conflicts of law.
8.2 Assignment. Neither party may assign (voluntarily, by operation of law, or
otherwise) this Agreement (or any rights or obligations contained herein) without
the prior written consent of the other party, whose consent shall not be unreasonably
withheld. Any permitted assignee shall assume all obligations of its assignor under
this Agreement. Any purported assignment or transfer in violation of this section
shall be void.
July 16, 2018 6
8.3 Entire Agreement. This Agreement is the entire agreement between the parties.
This Agreement supersedes all prior or contemporaneous oral or written
communications, proposals, and representations with respect to the subject matter
covered by this Agreement. The terms and conditions of this Agreement can only be
modified via a written agreement signed by all parties.
8.4 Counterparts. This Agreement may be executed by the parties in separate
counterparts each of which when so, executed and delivered shall be an original, but
all such counterparts together shall constitute but one and the same instrument.
8.5 Notices. Any notice, communication or payment required under this Agreement
shall be addressed as follows:
Client: Vendor;
Monroe County BOCC ClearTrack HR, LLC
1100 Simonton Street 305A Quality Circle
Suite 2 -268 Huntsville, AL 35806
Key West, FL 33040 Attn: Contracting Department
Attn: Maria Fernandez - Gonzalez
8.6 Attorneys' Fees. In the event ClearTrack HR or You institutes legal,proceedings
related to this Agreement against the other party the prevailing party in such
proceedings shall be entitled to recover from the other party (in addition to any
damages or other relief granted as a result of such litigation) all costs and expenses
incurred therein, including reasonable attorneys' fees and courts costs.
8.7 HIPAA and HITECH Compliance. ClearTrack HR and You shall comply with all
federal and state laws and regulations governing the privacy and security of health
information, including without limitation, the Health Insurance Portability and
Accountability Act (HIPAA), Health Information Technology for Economic and
Clinical Health Act (HITECH), and their related regulations, and shall remain in
compliance with these laws and regulations, and any other applicable laws, rules or
regulations pertaining to the services, as they may be amended from time to time.
The parties shall execute whatever additional documents or agreements may be
necessary to comply with these laws and regulations.
July 16, 2018 7
9.0 Provisions Required by 2 CFR part 200.
9.1 Termination for Cause and Remedies. In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to
perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with two (2) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach
is not cured within 24 hours of notice, the Agreement will be terminated for cause. If
the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek
an offset for damages caused by the breach, including the cost of corrective work. The
maximum amount due to CONTRACTOR shall not in any event exceed the spending
cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract
and including the right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2 -721 et al. of the Monroe County Code.
9.2 Termination for Convenience. The COUNTY may terminate this Agreement for
convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR
the sum due the CONTRACTOR under this agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2 -721 et al. of the Monroe County Code.
9.3 Equal Employment Opportunity. No Discrimination. During the performance of this
Agreement, the CONTRACTOR agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
July 16, 2018 8
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's non - compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
July 16, 2018 9
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
maybe imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
9.4 OTHER FEDERAL CONTRACT REQUIREMENTS. The CONTRACTOR and its
subcontractors must follow the provisions as set forth in Appendix II to Part 200, as
amended, including but not limited to:
A. Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 -1387) and will reports violations
to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
B. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or sub recipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or sub recipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
C. Debarment and Suspension (Executive Orders 12549 and 12689) —A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
D. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person , or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
July 16, 2018 10
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non - Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non - Federal award.
Other Federal Requirements:
E. Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
F. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in
part with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that the DBE's have the opportunity to compete
for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
G. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify
system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during
the Contract term.
9.2 ClearTrack HR warrants that he /it has not employed, retained or otherwise had act
on his /its behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee.
July 16, 2018 11
9.3 The County and ClearTrack HR understand and agree that County officers and
employees are required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information, or the County's gift policy, set
forth in Section .1.05 of the County's Personnel Policies and Procedures Manual (Code of
Ethics), available at: https: / /www.monroecounty -fl.gov /210 /Policies- Procedures.
[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK]
July 16, 2018 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set forth
below.
The parties hereby agree and consent to the terms and conditions of the Agreement and
acknowledge such by executing the Agreement below.
Executed by: Monroe County BOCC Accepted By: ClearTrack HR, LLC
Signature: Signature: fle2tt2-r M. a#^,1wtd
Printed Roman Gastesi, Jr. Printed Name: Heather McFarland
Name:
Title: County Administrator Title: CEO
Date Date
Signed: Jt ttmbo - G , n , Zd Signed:
P � August 31, 2018
Address: 1100 Simonton Street Address: 305A Quality Circle
Suite 2 -268 Huntsville, Alabama 35806
Key West, FL 33040
Email: gonzalez- Email: hmcfarland @ClearTrack HR.com
maria @monroecounty -fl.gov
July 16, 2018 13
N
EXHIBIT A
CLEARTRACK HR SCOPE OF SERVICES
CLEARTRACK HR shall provide the following checked services to You under this Agreement:
Services
❑ CaII center— Enrollment assistance ❑ Traditional and interactive materials
❑ Onsite one -on -one meetings ❑ Enrollment platform (Helix)
❑ Group meetings ® Enrollment platform (Selerix)
▪ Enrollment platform user support ❑ Dependent Eligibility Verification
Enrollment Solutions
® Open enrollment ❑ Year -round status changes
❑ New hire enrollment ❑ Dependent verification
❑ Acquisitions (if applicable)
Benefit Administration
❑ Benefit eligibility Carrier File Interface Development
❑ Rehires ❑ Scheduled EDI files to carriers
❑ Terminations throughout the year
❑ Life event changes ❑ integration with Worxtime ACA
❑ Premium billing and reconciliation compliance suite
® Standard and custom reports for ❑ Pre - enrollment data audit
administering benefits
Effective Communication
❑ Benefit fairs ❑ Benefit Summary Books
❑ Webinar meeting presentations ❑ Benefits guide and workbook Custom
❑ Online Calendar Enrollment Scheduling call center prompts
❑ Open enrollment announcement letter ® Branded online enrollment screens
❑ Open enrollment poster ® Benefit Statements /Confirmations
❑ Payroll stuffers ❑ Preparing for open enrollment benefit
❑ Auto call recordings Workbook
❑ Text and email messages ❑ Employee and management surveys
❑ Total Compensation Statements ❑ Enrollment Guides
❑ Employee Decision Tools ❑ Corporate Messaging
❑ Video ❑ Family Medical Leave
❑ Web Portals ❑ Financial Planning Tools
❑ Email and Call Reminders ❑ Social Media
❑ Wellness Engagement ❑ Design and Copywriting
❑ Print and Fulfillment
❑ Interactive Digital Booklets
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EXHIBIT B
DUTIES OF MONROE COUNTY BOCC
You shall be responsible for the following support duties:
• Provide ClearTrack HR protocol as it pertains to your working environment. 1
• Utilize problem resolution process if /when obstacles /challenges are identified.
• Adhere to agreed upon project plan /timeline for enrollment.
• Provide ClearTrack HR with required census file based on project timeline.
i • Provide ClearTrack HR with POC for making decisions related to functionality or
4
look /feel of enrollment system
• Client will provide ClearTrack HR with core benefit plan details, cost and enrollment
materials
• Approve enrollment system prior to going live
• Strive to avoid last minute changes in benefit enrollment system
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EXHIBIT C
FEE SCHEDULE
CLEARTRACK HR is providing open enrollment platform services on a one-time basis. The fees
shall be in the amounts set forth below.
Initial Web-based Enrollment Setup $6,000 (includes 4 EDI
files)
Additional EDI Files (if required) $1,500 per file****
Online Benefit Administration and Enrollment System (includes $3.00 PEPM (5 months)
technical/software support)
**Total Estimated Expense based on 1400 employees, 5 $27,500
months of enrollment system and 5 EDI files
*Expenses are for 5 months of Online Benefit Administration and Enrollment System.
**Total estimated expenses are based on enrollment of 1400 employees. Actual cost will be calculated
based on actual number of benefit eligible employees during open enrollment, but are capped at no
more than five(5) months.
***Call center support does not include benefit consulting and/or assistance with enrollment of
benefits
****Estimated expenses calculated based on 5 EDI files(4 are included). At present, Monroe County
does not believe that an additional EDI file is required. However, if it is,the cost per additional EDI file
will be$1500.
Invoicing and Payments.The invoice shall be sent to You on the 1st(first) of each month.Invoices
will be delivered via email to the address provided by You are due and payable in accordance with
the Florida Local Government Prompt Payment Act with a 30-day remittance.
If any additional services are requested by Monroe County BOCC,the County will request a quote
and ClearTrack will provide a quote. The additional services will be provided only after written
approval of the County to the quote.Examples would be customized programming or
July 16, 2018 16
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development outside the scope of the Benefit Administration System. Monroe County BOCC must
authorize all additional services and fees, in writing, prior to work being performed.
Payments shall be made as follows:
Initial setup fee for Benefit Administration 1/3 to be invoiced upon execution of contract;
Platform 1/3 to be invoiced when the Platform is placed
into service for Open Enrollment; 1/3 at
completion of contract including delivery of all
EDI files to carriers and delivery of final
reports to the County.
Benefit Administration PEPM fee Invoice on last day of each month for a total of
5 months
IN NO EVENT WILL PAYMENTS UNDER THIS AGREEMENT EXCEED FORTY -NINE THOUSAND
NINE HUNDRED NINETY - DOLLARS AND 99 CENTS ($49,999.99).
SIGNATURE PAGE
Executed by: Monroe County BOCC Accepted By: ClearTrack HR, LLC
Signature: Signature:
fie-at Mr,arC�ucd
Printed Roman Gastesi, Jr. Printed Name: Heather McFarland
Name:
Title: County Administrator Title: CEO
Date Date
Signed: ( ftJ l" meet- b dald Signed:
/ August 31, 2018
Address: 1100 Simonton Street Address: 305A Quality Circle
Suite 2 -268 Huntsville, Alabama 35806
Key West, FL 33040
Email: gonzalez- Email: hmcfarland @ClearTrack HR.com
maria @monroecounty-fl.gov
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