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1. 2nd Amendment 06/01/2019
County ®f Monroe o-`0 o _`E BOARD OF COUNTY COMMISSIONERS 4,- , Mayor Sylvia J. Murphy,District 5" The Florida Keys Mayor Pro Tern Danny L. Kolhage,District 1 ���f ,, Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 . 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 P Y FROM: Lindsey Ballard, Aide to County Administrator DATE: August.28, 2019 SUBJECT: Small Contracts Small contracts for your records only. . . . Enclosures: Clear Track HR,LLC— I copy . Samuel's House— 1:copy Sea Tech of the Florida Keys— 1 copy ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: ClearTrackHR,LLC Contract# Effective Date: 06/01/2019 Expiration Date: See Below Contract Purpose/Description: Benefit Consulting Agreement between MCOBCC and ClearTrack HR, LLC to provide enrollment service,certain benefit communications, and of certain lines of voluntary insurance coverage. (Term month to month in accordance with paragraph 9.2 or until the $ 49,999.00 spending cap from Exhibit A is reached, whichever comes first). BContract is Contract Am- 1. Is- s ./ . •n ion Renewal Contract Manager: Bryan Cook 4458 Employee Services/Stop#1 (Name) xt. (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $49,999.00 Current Year Portion: $ $22,240.00 (must be less than$50,000) (If multiyear agreement then Budget transfer requires BOCC approval,unless the completed May total cumulative amount is less than 2019. $50,000.00). Budgeted? Yes No [ Account Codes:502-08002-530' / Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date in Needed evi er Department Head 74,< rc Yes❑ Ner 7(eSitc Risk Management - 1 Yes❑ No v i - O.M.B./Purchasing 2112 / Yes❑ NoriZI t/County Attorney (3"2(4,` 9 Yes Now 6-U-/V Comments: WWI 1 Crc Qd �, Imo!Q„�De �e <`� Avl7 ct'-3- e Co w -��,3 Page 70 of 73 BENEFIT CONSULTING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this I day of June 2019, 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 ("ClearTrack HR" or "ClearTrack" or"Contractor"), and Monroe County Board of County Commissioners ("County" or"BOCC") (collectively, the "Parties"). WHEREAS, on August 30, 2018, the County entered into a Benefit Consulting Agreement with ClearTrack for the provision of services identified in Exhibit A to that Agreement, including the development of an online benefits enrollment platform to be utilized by members of the County health plan in selecting their County health plan benefits; and WHEREAS, pursuant to that Agreement, ClearTrack developed and built a platform exclusively for the County, to facilitate selection of health plan choices and other benefits by all of the Health Plan members; and WHEREAS, the platform was rolled out and used during the Open Enrollment period of 2018; and WHEREAS, pursuant to that Agreement, ClearTrack also provided assistance to County staff with the online member enrollment services, and also provided technical support both for the members and County staff as well as services to maintain the database; and WHEREAS, on January 29, 2019, the County entered into Amendment No. 1 to the Benefit Consulting Agreement, to continue the services from month-to-month, up to the compensation limit in the contract (not to exceed $49,999.99); and WHEREAS, the County is considering its options for online employment enrollment and unenrollment services, but wishes to continue to engage the services of ClearTrack in the meantime, to continue this highly beneficial platform as well as the technical support and database services necessary to support the platform and facilitate member use; and WHEREAS, ClearTrack has represented that it is willing to continue with a contractual relationship to provide these services; and 1 WHEREAS, section 2-346 of the Monroe County Code of Ordinances (MCC) defines the term "sole source" to mean "the only source of the item(s)which meets the needs of the using department as determined by the required process under the Monroe County Purchasing Policies and Procedures"; and WHEREAS, MCC section 2-347(e)(3) further provides that when goods or services are only available from a sole source as documented by the requesting department, then the purchase may be exempt from competitive bidding requirements; and WHEREAS, because ClearTrack developed and hosts the current online platform, it is the only vendor that can continue providing the online enrollment and unenrollment of health plan members, as well as technical support for the platform and continued maintenance of the populated database; 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 the County shall include the services referenced in the body of this Agreement and those listed on Exhibit A, attached hereto and made a part hereof. In the event of a conflict between the body of this Agreement and Exhibit A, the Parties agree that the terms in the body of this Agreement shall control. 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 the County. The County shall provide ClearTrack HR with any and all information related to its 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 the County and the plans and products subject to the services. Furthermore, the County 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 the County or on the County's behalf. the County shall solely be responsible for the accuracy and completeness of such information and other documentation furnished to ClearTrack HR. 2 3.0 Term. This Agreement is effective and will remain in effect for five (5) years from the Effective Date. It is the intention of the Parties that this Agreement shall run consecutively with the August 18, 2018 Agreement. Therefore, the Effective Date of this Agreement shall be the day after the date on which the prior, August 18, 2018 Agreement expires. 4_0 Fees for Services Performed. The fees to be paid to ClearTrack HR are those outlined in the Employee Benefit Enrollment Overview proposal from ClearTrack HR to Monroe County attached as Exhibit A, with the clarification that there shall be no charge for Additional EDI files for currently existing files (Blue Cross Blue Shield, Envision Rx, Delta Dental, and Vision Service Plan). The County would only pay the Additional EDI file charge of$1,500 per file if additional files are added. The County agrees to timely pay all fees, costs, and expenses arising out of or resulting from the services in accordance with the Florida Local Government Prompt Payment Act. This Agreement is subject to annual appropriation by the Monroe County Board of County Commissioners. Fees payable under this Agreement will never exceed $49,999.99. 5_0 Expenses. The County 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 as 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 the County, or from the County's agent, information of a personal nature that may be protected by various privacy laws. ClearTrack HR advises that the County consult with legal counsel as to laws that may impact the County or the County's plan(s). The County warrants that the County or the County's 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. The County warrants that ClearTrack HR's use of this information to perform the services anticipated by this Agreement does 3 not violate any privacy notice issued by the County, a benefit program the County maintains, or any applicable law. c. Neither ClearTrack HR nor the County 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 the County 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, the County 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 expenses (including reasonable attorneys' fees and expenses) resulting from or arising out of criminal conduct, negligence, or fraud on the part of the County or any of the County's 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 the County 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 the County, the County's 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 the 4 County, 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 the County or any of the County's directors, officers or associates (acting alone or in collusion with others). 7_0 Confidentiality. 7.1 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 to ClearTrack HR by the County, the County's Employees, the County's representatives, or the County's 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 the County or one of the County's subsidiaries, agents or subcontractors; or by having access to the County's 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 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 the County; (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 the County. ClearTrack HR will not, without written authority from the County, disclose to others during the term of this Agreement or 5 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. (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 6 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-FLGOV, 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 the County is 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. 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 T 305A Quality Circle Suite 2-268 Huntsville, AL 35806 Key West, FL 33040 Attn: Contracting Department Attn: Maddox- natalie@monroecounty-fl.gov 8.6 Attorneys' Fees. In the event ClearTrack HR or the County 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 the County 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. 9.0 Provisions Required by 2 CFR part 200. 8 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 ninety (90) days' 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 date of termination. 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 apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 9 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 declared ineligible for further Government contracts in 10 accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be 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. The certification is attached to this Agreement as Exhibit D. 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 11 connection with obtaining any Federal 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. ClearTrack will submit Exhibit D to the County's Benefits office within 10 days following execution of this Agreement by the County. 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 Monroe County Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Monroe County 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 12 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. 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. 10. Insurance Requirements. At or prior to execution of this Agreement, all of the insurance coverages listed in Exhibit C, Insurance Checklist, will be obtained and certificates of insurance will be provided to Monroe County Board of County Commissioners. Monroe County Board of County Commissioners will be listed as an additional insured on the following coverages: liability (general, vehicle, and cyber). The insurance coverages will be maintained in force at all times throughout the contract term. If any policies expire or lapse during the term, new certificates of liability will be provided by the vendor to the County. [THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK] • 13 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. Monroe County BOCC ClearTrack HR, LLC Signature: C_Ps;;4_, Signature: Adidi\ ��l Printed Roman Gastesi, Jr. Printed Heather McFarland Name: 5r'hecy I C f a Name: Title: ActinIFLY0 kiliaCtIPV Title: CEO Date Date Signed: 8`23 I2-0 15 Signed: May 14, 2019 Address: 1100 Simonton Street Address: 305A Quality Circle Suite 2-268 Huntsville, Alabama 35806 Key West, FL 33040 Email: Maddox- Email: hmcfarland@ClearTrack natalie@monroecounty-fl.gov HR.com 14 2018 Edition MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified an the following contract. Contractor/Vendor: Clear Track HR. LLC Benefit Consulting Project or Service: Contractor/Vendor Address&Phone#: 305A Quality Circle NW, Huntsville, AL 35806 General Scope of Work: Provide enrollment service-certain benefit communications and of certain lines of voluntary Insurance coverage. Reason for Waiver or Waive Cyber Liability coverage until the COI for Cyber Liability Modification: is produced no later than September 3,2u19. Policies Waiver or Modification will apply to: Cyber Liability ^� :leSignature of ContractoriVendor: (Eti `' ikt.UtgAti— Date: 8/23/19 Approved V Not Approved Risk Management Signature: -OP0 1 ..S2 5) Date:ai County Administrator appeal: Approved: V Not Approved: Dale: 81212.06 2.uV c1,- Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Administrative instruction 7500.7 101 Client#:2145985 04MCFARENT ACORDTM DATE(MM/DD/YYYI)CERTIFICATE OF LIABILITY INSURANCE 8/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: McGriff Insurance Services PHONE 888 743-2217 FAX 8888279861 (A/C,No,Ext): (NC,No): 414 Gallimore Dairy Road E-MAIL ADDRESS: Suite F INSURER(S)AFFORDING COVERAGE NAIC# Greensboro, NC 27409 INSURER A:Hartford Accident&Indemnity Ins Co 22357 INSURED INSURER B: ClearTrack HR,LLC INSURER C: 305A Quality Circle NW INSURER D: Huntsville,AL 35806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER (MM/DDY/YYYY) (MNWDY/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE7p $ CLAIMS-MADE OCCUR PREMISES(Ea oNallnce) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: s If d":1 RISK NAGEMENT ' GENERAL AGGREGATE $ POLICY JECOT LOC BY k' �I PRODUCTS-COMP/OP AGG $ • OTHER: $ AUTOMOBILE LIABILITY DATE IS'I I. COMBINED SINGLE LIMIT (Ea accident) $ _ ANY AUTO WAI /A BODILY INJURY(Per person) $ OWNED SCHEDULED_ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ $ AUTOS ONLY AUTOS ONLY Peer PROPERTY DAMAGE $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 21 WECAB3KK6 t 3/12/2019 03/12/2020 OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Suite 2-268 Key West,FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S24155697/M24155689 SPLES Client#:2145969 04CLEARTRAI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)06/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: McGriff Insurance Services PHONE 888 743-2217 FAX 8888279861 (A/C,No,Ext): (A/C,No): 414 Gallimore Dairy Road E-MAIL ADDRESS: Suite F INSURER(S)AFFORDING COVERAGE NAIC# Greensboro,NC 27409 33138 INSURER A:Landmark American Insurance Co • INSURED INSURER B: ClearTrack HR,LLC INSURER C: 305A Quality Circle INSURER D: Huntsville,AL 35806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER L SUBR POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ • CLAIMS-MADE OCCUR PREMISES(ERENTED occu ence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I I PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: �.D��pp�'[�\.—,j/�� In)SK MENT $ AUTOMOBILE LIABILITY `L 1 COMBINED SINGLE LIMIT 'v\I j— CO accident) ANY AUTO BY •-� 1 BODILY INJURY(Per person) $ OWNED SCHEDULED BATE- J BODILY INJURY(Per accident) $ _AUTOS ONLY AUTOSHIRED NON-OWNE AUTOS ONLY AUTOS ONLYD UUTOONLY WAIVER N/A___ YES- PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A -(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional LCY774239 01/31/2019 01/31/2020 1,000,000/1,000,000 Liability • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe Countyof CountySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN / Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Suite 2-268 Key West,FL 33040 AUTHORIZED REPRESENTATIVE 4,�.L kluJWtali ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #523756747/M23756741 PFR • _Ali eC DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MCGRIFF SEIBELS&WILLIAMS INC 21250036 PHONE (866)467-8730 FAX (888)443-6112 PO BOX 10265 (A/C,No,Ext): (A/C,No): BIRMINGHAM AL 35202 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Twin City Fire Insurance Company 29459 INSURED INSURER B: CLEARTRACK HR, LLC INSURER C: 360E QUALITY CIR NW STE 220 HUNTSVILLE AL 35806-4546 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTVVITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD , (MMIDD/YYYY) IMMIDD/Y YYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $1,000,000 PREMISES(Ea occurrence) x General Liability MED EXP(Any one person) $10,000 A X 21 SBA RS9035 01/12/2019 01/12/2020 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- X LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 — (Ea accident) ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED X 21 SBA RS9035 01/12/2019 01/12/2020 BODILY INJURY(Per accident) _AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) OCCUR (41 �T EACH OCCURRENCE _ UMBRELLA LIAB EXCESS LIAB CLAIMS- BY AGGREGATE MADE 3, 1, DED RETENTION$ DATE WORKERS COMPENSATION WAIVER N/ J YES_ PER OTH- AND EMPLOYERS'LIABILITY �]II'� STATUTE ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE — N/A OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) — If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES $10,000 21 SBA RS9035 01/12/2019 01/12/2020 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST STE 2-268 IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040-3110 AUTHORIZED REPRESENTATIVE C af Cad ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • ;411. THE HARTFORD '-03 BUSINESS SERVICE CENTER THE ' 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 June 12, 2019 Monroe County Board of County Commissioners 1100 SIMONTON ST STE 2-268 KEY WEST FL 33040-3110 Account Information: Contact Us Policy Holder Details : CLEARTRACK HR, LLC - Business Service Center Business Hours: Monday-Friday (7AM -7PM Central Standard Time) Phone: (866)467-8730 Fax: (888)443-6112 Email: agency.services@thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. . Sincerely, Your Hartford Service Team WLTR005 EXHIBIT A (Insert Proposal) 15 7-11-1.1.-1-111-1-1-11-----1.4_: ' ''''''/__ A--' -:•"\\ 'eartrackhr elw w___ _ _ ____ _ Employee Benefit Q 5? \ )--t, • ,,, Enrollment Overview . ---------(1 - r,,,, , ,,,..4 .. . I' .: .1 _.... t.: , . k ' -..„ . .. .,_. .." . 0 x"gli-- .jilt 4. . ,..., . . ,I,K ..,..... it. „. ....,. , . '. '- ."'''. :- .''...i,...''04 4,..!•.:'''''' ' ' ' :--, , , • ''..-=, 'id'4 .., 4f.:'"; 1.4 ',1!,4‹...-,..,..,_ • .t•-,, 14,•,, ' lib Per- ..... . . 44- , it'•.,','r'•1 ,I. .4!"-••°::: '-. -p . .,, , ,,,, , „ , ..............4_,:,--- t'"' ''''.^.-.-'''• . . .v= • __ .1, 7.4,!..n.)0+. . Ls. 'MOO -• Igie*,.,Aiktiagi PREPARED FOR: -;---;- (:,;(;),---- 7 ) ----.....- -....-..- The Importance of Effectively Communicating Benefits As our world changes rapidly with technology, it becomes more challenging for human resources and benefit departments to keep up with ever-increasing demands. Benefit departments in particular struggle to manage daily tasks as well as change business operations to cater to the broadest age range of most workforces. ClearTrack HR's goal is to not only educate your employees about their employee benefit options but also to make the enrollment experience seamless for you, the employer. Human resources and benefit departments have a steady flow of daily tasks outside of the high-demand, open enrollment periods.The addition of open enrollment benefit data collection, plan changes,educating employees about benefits, payroll deductions, and submitting new information to carriers are added burdens. Companies make a considerable investment in their employees' benefits each year. Communicating those benefits to your workforce is necessary to maximize your contribution. Your benefit communication strategy is very important and requires a broad range of communication methods to reach millennials, baby boomers, and upcoming retirees. Multiple enrollment solutions may even be necessary to reach across all age and education levels. ClearTrack HR offers all three enrollment solutions: meeting employees one-on-one at their work location, call center approach allowing employees to call at their convenience, and/or online, self-serve enrollment. By offering these options,we help you cater to your diverse workforce. Employees also spend a considerable amount of their salaries on employee benefits.Appropriate, extensive benefit communication based on education level and age provides employees with the knowledge to utilize their investment to the best of their ability. Flexibility is also important. Not all employers have the budget and specialized departments to accomplish the same goals.At ClearTrack HR,we utilize your HRIS/payroll exports to prevent the needless expense of customized exports. Our data management teams will work with you to seek solutions to avoid incurring added expenses while still maintaining data integrity and accuracy. Contract with an experienced team. ClearTrack HR Benefit Administration is a full- service employee benefit communication and ` enrollment solution. Our founders have more than eighty years combined experience in the benefits industry, and they strive for innovative and efficient solutions that are customized to fit your unique circumstances and needs. YEARS COMBINED EXPERIENCE Mission: ClearTrack HR's mission is to provide a positive, seamless enrollment experience for HR staff. We assist companies by educating their employees about their benefit options and helping companies and employees alike make the most of their benefit investments.Through our educational communications to employees,we strive to build awareness of benefit packages to maximize the features offered through company-funded products and to educate employees on how to best maximize the wellness features of products. We also strive to provide individualized enrollment support to your employees. During open enrollment,our non-commissioned, licensed benefit counselors will assist your employees with benefit elections during an informative, low-pressure consultation.This can be an online, call center, or face-to-face consultation depending on your company's needs.After open enrollment,you will continue to receive exceptional support through access to a dedicated account manager as well as access to our customer support staff. ClearTrack HR Benefit Administration Services: Benefit Solutions Our goal is to make your job easier,so we offer online,one-on-one onsite,and/or call center enrollment support options.You may opt to use one,two,or all three solutions to fit your company's unique needs.This allows you to select exactly what you need for your workforce without compromising. Enrollment Solutions • Open enrollment • Year-round status changes • New hire enrollment • Dependent verification • Acquisitions(if applicable) Annual Benefit Administration • Terminations • Standard and custom reports for administering • Benefit eligibility benefits • Rehires • Scheduled EDI files to carriers throughout the year • Life event changes • Integration with ClearTrack HR's ACA compliance • Premium billing and reconciliation suite Effective Communication • Group meetings • Text and email messages • Benefit fairs • Benefits guide and workbook • Webinar meeting presentations • Custom call center prompts • Open enrollment announcement letter • Branded online enrollment screens • Open enrollment poster • Straightforward Benefit Statements/Confirmations • Payroll stuffers • Preparing for open enrollment benefit workbook • Auto call recordings • Employee and management surveys Data Integration and Verification • Online web enrollment • File exchange to carriers based on required • Payroll file exchange formatting • Custom reports • SSO to voluntary benefit carriers • HRIS file exchange • Data audit • 834 files capabilities • Integration with ClearTrack HR ACA compliance suite Enrollment Solutions: No one enrollment solution typically works for all employers.You may have multiple locations,various shifts, or a high concentration of employees who speak a foreign language. ClearTrack HR will customize an enrollment solution to your unique environment to reach each person effectively and conveniently. Onsite/Face-to-Face • Employees meet with non-commissioned,licensed insurance agents who are trained specifically on your employee benefits • Information is confidential and interviews are stored in private areas • Each benefit counselor enrolls employees using a laptop computer with internet accessibility • Face-to-face enrollment is completed on the same enrollment platform as online and call center enrollments, thus creating a real-time experience for administrative reports • Employees receive a Benefit Confirmation outlining the benefits chosen and the associated costs Call Center • Customized greetings,which may be recorded by your company's management team • Calls are recorded and maintained for a set time period • Calls may be monitored by the Call Center Supervisor for accuracy of information • Automated call back feature if all benefits counselors are busy,in the order in which the call was received • With technology advancements, an unlimited number of incoming lines for accepting calls • Multilingual benefit counselors available upon request Online Web Enrollment • Available 24/7 • Employees can enroll in the comfort of their own home,with their spouse or significant other • Chat feature for questions,which will be sent directly to a benefit counselor during call center hours • Employees have the ability to print and maintain a copy of their enrollment confirmation • Communication of difficult benefit topics in short, easy to understand video clips Implementation and Setup of Enrollment Platform: • Dedicated account manager • Detailed implementation timeline and regularly-scheduled status update calls to address timeline of implementation,benefit questions,etc. • Customized online web enrollment screens containing benefit information • Administrative access enrollment platform • Data integration:coordination of data file feeds, payroll vendor,carriers,client,other vendors,etc. • Standard and custom exportable reports • Automated report capabilities Products: We offer Core and/or Voluntary Benefit Communication and Enrollment solutions as well as the following Worksite Benefits: Life,Critical Illness, Disability,Accident,Supplemental Health,Short and Long-Term Disability, Legal, Pet and Financial Services. Cost Summary: Rollover Enrollment Setup $2,500 *Additional EDI Files $1,500 per file **Online Benefit Administration and Enrollment System $3.00 PEPM (5 months minimum) ***Customized Programming $120/hour-$3,840 Voluntary Benefits Available upon request Customized Marketing Materials Available upon request Total Estimated Expense $5,244/month (PEPM) $6,340 Setup and Programming Cost File format for custom data feeds is due(3)three weeks prior to open enrollment date. *File change fee of$1500 per file **Total estimated expenses are based on enrollment of 1748 employees.Actual cost will be calculated based on number of benefit eligible employees during open enrollment,but are capped at no more than five(5)months ***Breakdown of customized programming on the following page.Customized programming rate is$120/hour.CTHR may incur costs from Selerix to complete various tasks listed on the following customized programming breakdown page.Such costs would be included with invoice and CTHR would obtain Monroe County's approval before incurring the additional expense prior to completing that specific task(s). Monthly PEM charge will be billed to Client on first of each month with payment due by the tenth.Invoice will be delivered via e- mail address provided for billing.Fees are subject to change if additional services are requested by the client. THIS PROPOSAL IS VALID FOR (90) NINETY DAYS. John McFarland, President ClearTrack HR (256) 698-0777 I jmcfarland@cleartrackhr.com ***Customized Programming Breakdown The below items are included in the Rollover Enrollment Setup charge and are not additional cost. • Remove and replace current welcome screen, (Monroe County will provide new screens) • Remove all screens that compare plans and pricing • Simplify verbiage on section 125 enrollment(Monroe county will provide verbiage)— • Replace"Waive"with yes or no on section 125 election—Unable to change waive on the conformation screen • Add "yes/no" custom field for supplemental life with an application in library • Update rules for Dental and Vision on retirees,if not currently enrolled—not able to start • Add Retiree Rate sheet,Active Rate Sheet,Tobacco Policy to form Library The following items will require additional cost at an hourly rate of$120/Hour Projected level of complexity to complete (Level 1—less than 1 hour, Level 2—1-3 hours, Level 3—3-5 hours, Level 4—4-5+ hours, Level 5—collaboration with Selerix to complete) • Replace current tobacco attestation question with three questions: "Do you use tobacco?yes/no, does your Spouse use tobacco? Does your over 18 covered dependent use tobacco?"and add a link to the tobacco use policy—Level—4(5 hours) • Add functionality that will prompt the spouse form only if employee adds spouse or dependents and answers yes to number 2 or 3 on pg. 2—Level—5(24 hours) • Change name of Retiree YOS field to MC Retiree YOS, update programming on medical cost to the updated field name, add FRS YOS custom field,add data based off of database information we received in October. Level—3 (3 hours) Total Hours estimate: 32 Hourly Rate:$120/hour Total Customized Programming Expense:$3,840 EXHIBIT B Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a.contract X a.bid/offer/application X a. initial filing X b.grant b. initial award b. material change c.cooperative agreement c.post-award d.loan For material change only: e.loan guarantee Year quarter f.loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, X Prime Subawardee Enter Name and Address of Prime: Tier ,if Known: N/A Monroe County Board of County Commissioners 1100 Simonton Street Key West,FL 33040-3110 Congressional District, if known: FL26 Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: U.S.Department of Justice Office of Justice Programs Bureau of Justice Assistance CFDA Number,if applicable: 16.738 8. Federal Action Number,if known: 9. Award Amount, if known: BJA-2018-13626 $ 13,982 10.a.Name and Address of Lobbying Registrant b. Individuals Performing Services(including address if (if individual, last name,first name, MI): different from No. 10a) (last name,first name,MI): N/A N/A 11. Information requested through this form is authorized by title 31 U.S.C.section 1352. This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) 16 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address,city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address,city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants,cooperative agreements,loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal (RFP)number;Invitations for Bid(IFB)number;grant announcement number; the contract,grant, or loan award number;the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name, address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No.0348-0046. 17 Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348- 0046),Washington,DC 20503 18