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HomeMy WebLinkAboutItem C20 C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting August 20, 2025 Agenda Item Number: C20 2023-4352 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Natalie Maddox AGENDA ITEM WORDING: Approval of a renewal to the agreement with C1earTrack HR, Inc, which provides service for the County's Benefits Administration Software System. This system provides electronic management of benefits eligibility, enrollment, data file feed to carriers, compliance, reporting, and other related processes. This renewal reflects an extension of the current agreement through December 31, 2025. The contractor has performed in a satisfactory manner and that the contract manager has received a request to renew from the contractor and that the contract manager has verified satisfactory performance. ITEM BACKGROUND: Approval of a renewal to the agreement with C1earTrack HR, Inc, which provides service for the County's Benefits Administration Software System. This system provides electronic management of benefits eligibility, enrollment, data file feed to carriers, compliance, reporting and other related processes. This renewal reflects an extension of current contract through December 31, 2025. PREVIOUS RELEVANT BOCC ACTION: November 20, 2019 -Approval to Advertise Request for Proposals Benefits Administration System. July 2020—Approval of 5 Year Contract with C1earTrack HR to provide Benefits Administration System to include electronic management of eligibility, enrollment, data file feeds to carriers, compliance, reporting and other related processes. May 17, 2023 -Approval of Amendment number one (1) and reflects a price increase per member per month fee from $3.00 to $4.00, and an increase of the hourly rate for non-contracted services from $95.00 to $150.00 per hour. CleartrackHR has not changed the pricing for these services since establishing them in 2018. The rate increase is warranted by increases in platform usage costs passed along by Selerix, software designer of the system platform, and the $150.00 hourly rate for noncontracted services is equitable with other system support providers, and therefore appropriate. 1296 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Renewal of contract extends current contract through December 31, 2025. GPJ 8/4/25 - Risk approves waiver of addtl insd for AL coverage due to remote nature of services STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Monroe Renewal to 12 31 25.pdf 1st Amendment 05—17—2023.pdf 2025 08 C01 Clear Track GL AL exp 1.1.26 WC exp 3.12.26 PL exp 9.4.25 signed Redacted.pdf ClearTrack—Contract-2020-2025 Approved Redacted.pdf FINANCIAL IMPACT: No additional costs. 1297 RENEWAL OFFER TO BENEFIT CONSULTING AGREEMENT THIS renewal offer("renewal")to the Benefit Consulting Agreement ("Agreement") by and between ClearTrack HR, LLC ("ClearTrack") and Monroe County Board of County Commissioners ("County" "BOCC") (collectively, the "Parties") is entered into on July 15, 2020. WHEREAS, on that date ClearTrack HR and County entered into a Benefit Consulting Agreement, pursuant to which ClearTrack agreed to provide the services shown on Exhibit A to the Agreement (Scope of Services)for the time period shown in section 3.0 Term; NOW THEREFORE, Section 3.0 Term in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. The parties agree to renew and extend term to December 31, 2025 In all other respects, the terms and conditions contained in the Agreement between the Parties remain unchanged, and the Agreement remains in full force and effect. IN WITNESS WHEREOF,the parties have caused this renewal be executed as of the dates set forth below. The parties hereby agree and consent to the terms and conditions of the renewal and acknowledge such by executing the renewal below. Client Vendor Executed by: Monroe County BOCC Accepted By: Cleartrack HR,LLC Signature: Signature: 9!�� Printed Name: Printed Name: John McFarland Title: Title: President Date Date Signed: Signed: 7/30/2025 Address: Address: 19 Biltmore Drive Huntsville,AL 35806 Email: Email: jmcfarland_Cleartrack HR.com 1298 1299 d Kevin Mad* cpA ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida Z' DATE: Ma}' 22, 2023 TO: Bil'an Cook, Director Employee Services ATTN: Natalie Maddox, Sr. Administrator Employee Benefits FROM: Panicla G. Hanco(4(-'. SUBJECT: Ma}' 17" 110(I' Meeting Attaclicd is an electronic cop}'of'llic following Hem for your liandling: C7 I" Amendment to the Agi-eenient Nvitli CleartrackHR, Inc. wIncli provides senrice for flit County's lienclits Administration SofiNvare Systeni. 'Flns sN,sleiii provides electronic management ol'benelits eliglbllit}', enrollment, data file feeds to camers, Compliance, reporting and oilier related processes. "Phis aniendnient reflects a price increase 1'roni $ 3.00 per member per montli to $ 4.00 per nieniber per mondi and an increase in the liotirl},rate 1'()r add-on senices (not specified in die c( ntract) to $ 150.00 per liour. Sliould N'ou liave any questions please feel 1'rcc to contact nic at (305) 292-3550. cc: Count}'Attonicy Filiance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid,- 0')n7n 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1300 AMENDMENT NO. 1 TO BENEFIT CONSULTING AGREEMENT THIS AMENDMENT NO. 1 ("Amendment") to the Benefit Consulting Agreement ("Agreement") dated July 15, 2020 by and between ClearTrack HR, LLC ("ClearTrack") and Monroe County Board of County Commissioners ("County" or"BOCC") (collectively, the "Parties"), is entered into as of the 17t" day of May 2023, which shall be the Effective Date for this Amendment. WHEREAS, on July 15, 2020, ClearTrack HR and the County entered into a Benefit Consulting Agreement, pursuant to which ClearTrack agreed to provide the services shown on Exhibit A to the Agreement (ClearTrack HR Scope of Services); and WHEREAS, Exhibit B to the Agreement, Fee Schedule, set forth the fees that ClearTrack HR will receive for the services; and WHEREAS, ClearTrack HR has requested to amend Exhibit B in order to increase the monthly amount that ClearTrack HR will receive for the online benefit and administration and enrollment system to increase from $3.00 per employee per month ("PEPM") to $4.00 PEPM; and WHEREAS, ClearTrack HR has requested to amend Exhibit B in order to increase the hourly rate for additional services not otherwise included in the agreement to $ 150.00 per hour; and WHEREAS, the County is in agreement with the proposed increases. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: 1. On Exhibit B, Fee Schedule, the monthly amount for online benefit administration and enrollment system (including technical/software support) is increased from $3.00 PEPM to $4.00 PEPM. 2. On Exhibit B, Fee Schedule, the hourly rate for additional services not otherwise include in the agreement will increase to $ 150.00 per hour. 3. The above change shall take effect as of May 17, 2023. 4. In all other respects, the terms and conditions contained in the Agreement between the Parties remain unchanged, and the Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth below. 1301 T hereby agree and consent to the terms and conditions of the Amendment c ge such by executing the Amendment below. Monroe County Board of County PA, Clerk of Courts Commissioner By m. y: As Deputy Clerk Mayor ClearTrack HR, LLC By: *Wog�� Heather McFarland, CEO Approved as to form and legal sufficiency: Monroe County Attorney's Office 5-17-2023 '2 CD 1302 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) .4C�R 04/05/2023 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 MCGRIFF INSURANCE SERVICES INCIPHS - 222734;8 PHONE (866)467-8730 FAX (AIC,No,Ext): (AIC,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS INSURER(S)AFFORDING COVERAGE NAIC# INSURED tNSURER A: Twin City Fire Insurance Company 29459 CLEAR TRACK HR LLC INSURER B: Hartford Accident and Indemnity Company 22357 PO BOX 69 INSURER C HARVEST Ai_35749-0069 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.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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000.000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1,000,000 X General Liability MED EXP(Any one person) $10,000 A X 22 SBA RS9035 01/12/2023 01/12/2024 PERSONAL S ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑PRO- Q LOC PRODUCTS-COMPIOP AGG $4,000,000 JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 22 SBA RS9035 01/12/2023 01/12/2024 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Peracadertt) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESSLUIB CLAIMS- AGGREGATE ED RETENTION WORKERS COMPENSATION X PER OTH. AND EMPLOYERS'LIABILITY STATUTE R ANY YIN E.L EACH ACCIDENT $1,000,000 B PROPRIETORIPARTNERIEXECUTIVE NIA 22 WEC AB3KK6 03/12/2023 03/12/2024 OFFICERIMEMSER EXCLUDED? EL DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under E.L DISEASE-POLICY LIMIT $1„000,000 PE5QRIPTIQN QE QFERATIONS.below A EMPLOYMENT PRACTICES 22 SSA RS9035 01/12/2023 01/12/2024 Each Claim Limit $10'000 LIABILITY Aggregate Limit $10,000 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 MOLDER CANCELLATION Monroe Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1100 SIMONTON ST APPROVED BY RISK MANAGEMENT BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED KEY WEST FL 33040 IN ACCORDANCE WITH THE POLICY PROVISIONS. 17, AUTHORIZED REPRESENTATIVE DATE 4/2f�/23 WAIVER N/A_YESX No vehicles-all remote staff d 198-2015 ACORD CORPORATION.All rights reserved. Additional insured on VL waived ACORD 25(2016103) The ACCIRD name and logo are registered marks of ACORD 1303 CI ient#:2145969 04C LEARTRAI [704/13/2023 (MWDDIYYYYI ACORDTM CERTIFICATE OF LIABILITY INSURANCE 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 NAME: Emer in Client Commercial Client Center McGriff Insurance Services PHOIC N E,c:888 743-2217 Aic No: 8888279861 7701 Airport Center Dr E-MAIL ADRESS: l: g ClientSery er@mc iceCent riff.com ADD Suite 1800 INSURERS AFFORDING COVERAGE NAIC 0 Greensboro,NC 27409 INSURER A:Twin City Fire Insurance Company 29459 INSURED ClearTINSURER B:Hartford Accident&Indemnity Ins Co 22357 PO Bo 69 HR LLC INSURER C Landmark American Insurance Co 33138 PO Box INSURER D Harvest,AL 35749 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, INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDOIYYYY MM/DDNYYY A X COMMERCIAL GENERAL LIABILITY 22SBARS9035 1/12/2023 0111212024 EACHOCCURRENCE s2,000,000 CLAIMS-MADE �OCCUR RE"'U4iui�rEsf �ENTEo � s 1,000 000 MED EXP(Anyone person) $10 DDO PERSONAL&AOV INJURY s 2,000,D00 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s4,000,000 POLICY ET :LOC PRODUCTS-COMPIOPAGG s4,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aideni ANY AUTO BODILY INJURY(Per pereon) S OWNED SCHEDULED BODILY INJURY(Per aeddentl S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Par acraden9 S UMBRELLA LIAB OCCUR EACH OCCURRENCE[4 S EXCESS LIAR CLAIMS-MADC", AGGREGATE S CEO RETENTION S S B WORKERS COMPENSATION 22WECAB3KK6 3/12/2023 03112/202 X PER° OTH AND EMPLOYERS'LIABILITY c Y I N ANY PROPRIETORYPARTNERIEXECUTIVE E.L.EACH ACCIDENT S1 ODD 000 OFFICERIMEMBER EXCLUDED? N N d A (Mandatory In NH) " '� E.L.DISEASE-EA EMPLOYEE S1 000 00O If Yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 C Professional LCY801194 1/31/2023 01131/2024 3,000,000 Aggregate Liability 1,000,000 Each Claim 5 000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Policy: LCY801194 Professional Services Error:Aggregate 3,000,000 Each Claim$1,000,000 Ded:$5,000 Retro Date:06/28/19 Technology Services Error:Aggregate 3,000,000 Each Claim$1,000,000 Ded:$5,000 Retro Date: 06128/19 Media Activities Error:Aggregate 3,000,000 Each Claim$1,000,000 Ded:$5,000 Retro Date: 06/28/19 Network Security&Privacy Error:Aggregate 3,000,000 Each Claim$1,000,000 Ded: $5,000 Retro Date: (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe Count Board f C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County o County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE C% uUJ M 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S319692531M31941009 LRN 1304 DESCRIPTIONS (Continued from Page 1) 06/28/19 Regulatory Matter:Aggregate 3,000,000 Each Claim$1,000,000 Ded: $5,000 Retro pate:06/28119 Privacy Breach:Aggregate 3,000,000 Each Claim$1,000,000 Ded: $5,000 Retro Date: 06/28/19 Data Assets Corruption:Aggregate 3,000,000 Each Claim$1,000,000 Ded: $5,000 Retro Date:06/28119 Cyber Extortion Threat:Aggregate$500,000 Each Claim$500,000 Ded:$5,000 Cyber Crime:Aggregate$100,000 Each Claim$100,000 Ded:$5,000 SAGITTA 25.3(2016/03) 2 of 2 #S319692531M31941009 1305 0 AC"RV CERTIFICATE OF LIABILITY _7 INSURANCE I(M]WBONYYY) 'i I 07111M25 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 THIE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE IHOLRDER. IMPORTANT. If the certificate holder is an ADDITtOINAL INSURED,the pollcylies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condlitions of the policy,certain policies may require an endorsement. A statement on this certiflicate does not confer rights to the certificate holder In I lieu of such endorsernent(s). PRODUCER 'Vgr��-I Andrea Slaughter ,J1 I Merry Risk Services,LLC (AH, NF.'E,1: (205,)12,08 12-8 Ni (2,05)588 0080 255218th Street Smitti iii aslaughter@ itibrisk,com Suite 200 INSURERM)AFFORDING COVERAGE III# Horne mx)d Al 352,09 INSURER A Twin City Rre Ins Co 29459 INSURED INSURER 8 Rated by Multiple Companies 00914 CAeartrac*I tir LIC INSURER C Him=Inquirai Company 102,00 Po Box 69 INSURER D INSURER E Harvest Al 35749 INSURER F COVERAGES CERTIFICATE NUMBER: CL253260087 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSORANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED NOT4R4ITHSTANDIN(3 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT V41TH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CC)NDITIONS OF SUCH POLICIES LIMIT'S Sr V)WN MAY I JAVE BEENI REDUCED BY PAID CLAIMS. Ir&R AUUL'Z4%)tV1 TYPE OF IINSIJIRA14CE wffy INS[) WVD POLICY NUMBER AW M S ) (W6 Wy) LIMUS X COMME,RC`IAI,,GENERAI,.L,IABIIITY EACH OCCURRENCE $ 2,000,000 UAM�Mjt ii U,tlitN ii itu CLAIMS-MADE FX]OCCUR PREMISES Mai ocwat�riw $ 1,000,0130 MED EXP(Any one peson) $ 10,000 A Y 21SBAVI-7026 0111212.025 01111212,026 PERSONAL&ADV INJURY $ 2,000,000 GENrLAGGREGAIELlMIIAPPLNIESPIR' GENERAL AGGREGATE $ 4,000,000 PRO- 4,00 0,000 POUCY F1 iE cT E]Loc PRODUC r S-COMPIOP AGG $ ori Employment PraciJi $ 10,000 AUTOMOBILE L Ii Gfoffs wl)9W4*5-40MIT s 2,000,030 ANY AUTO W)DILY IN,JURY gPcw pown) S A OWNED SCHEDULED 21SBAVI-70f, 0 21112)2.025 01111212,0 W)D 26 ILY IN,JURY gPcw acadent) S AUTOS ONLY AUTOS HIRED X NON-OWNED FROPIE"T"AMAGE AU I OS ONLY AUTOS ONLY iPang .�c'Idenlj UMBREti OCCUR EACH OCCURRENCE $ CLAJIMS-MADE AGGRLGAIE $ DED RETENT"tON$ $ WORKERS COMPENSATION PER H- AND EMPLOYERS'LIABILITY YIN STATUTE LORT ANY PR�.)PRIEIOPAJARrNIERtEXECLPTVVE NI/A 21WEGAB3KK6 O-Vi 2120'26 El EACHACCIDENT OFFICERMEMBER EXCLUDED7 B IN 0(3112J20,25 $ 1,0()0,000 alidai in NIQ El D SEASE,EA EMPLOYEE $ 1,0()O,O(X) D"rdescTibe undff R 1PTrON0F0I`1ERAIIONSbekW k El DNSEASE,POLICY LJMJ 1 $ 1,0()0,000 Professional hai ��ad'i OccAmrence C L&O,Cyber UC2547187024 oo)mr).024 OW0412,025 Aggregate DESCRIPTII OF OPERATIONS I LOCATIONS I VEHICLES JACORD 1011,Additional I SidwMAI snay be ati if wn(we spw.e is mquaed) APPAUVWWW HIMAMANNAMNO by WAIYrn WA--YES X- Additl Insd for AI rio wawed due to r ernote I,wtr ire of servIces CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THIE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IIN Monroe Board of Couinly Commi ACCORDANCE VffH THE POLICY PROVISIONS. 1100,Simonton St AUTHORIZED REPRESENTATIVE Key West 1 3-104) 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(20,116103) The ACORD name and logo are registered marks of ACORD 1306 ' INSit � cPA Clerk��tFu� l�lrt� Court&Comptroller-� WOO County, Floiddt l3 ' .,.. T AIV2. July 22,2020 llmyatm C(Ft)k, Director Employee Services AT TN: Natalie li;e Madldox, Administrator r Employee Benefits FROM: l`"auxla G. Rtrmc:c,*C. S ,arty IS' l OCC Mect ng Attached hed is att r lectxovic cWom of time tollowilig ltemrt lctr your lmartcll rt 'u Five year Cootact for 6 ,900.00 annually/$324,000.00 over live yean vidi Cleartr:�mcicl-lR, lmrc. Cor ccmniiirtm-mtiou of die Cc Laity"s l etmc:lit,s Aclrrmirristrwi mr System W lr provides clectrottmc ma an anent ofbenetits eligibility,cmrroffimrent,data lll'e feeds to curiers, Comm plii cmrcc,relrortirtH.mmtcl other related approval ttm wAve. ltarcl copy si at tture mrr time submitted lrrctl,ro sA .Should you liave aily questions Incase 1-,l free to cottt�mc:t mane at (305) 292-355 3. cc: ti",o unly Attmzrmre,y Furmxmce File KEY WEST MAAATHON PLANTATION KEY PKIR�OTH BUILDING Whitebead Street 3117 Overseas Highway 88820 Ow as Highway 50 tlio *t Key West,Florida 33040 Marathon,Florida 33050 Plantabon Key,HDMa 33070 Plantfion tom„Floridia 33070, 30 4641, 30 20 -602'7 - -7t 4 ; - 6 -714 1307 BENEFIT CONSULTING AGREEMENT ji 5try THIS AGREEMENT rAgreernent") is made and entered Into as of this 4st- -day of une.July J 2020 ("Effective Date"), by and between Cl'ea,rTrack HR, LLC. 305A Quality Circle, Huntsvite, Alabama 35806, a foreign, limited liability corporation authorized to do business In the State of Florida ('ClearTrack HIR" air 'ClearTrack", or "Contractce), andl IMonroe County Board of County Commissioners ("County," or 'BOCV) (collectively,,the"Parties"). WHEREAS, on August 3,01, 20118, the County entered into a Benefit Consulting Agreement with Cleik for the: provision of services identified in that Agreement, including the development of an online benefits enrai platform to be utilized by members,of the County health plan ("Heatith Plan"') in, selecting their County health plan benefits;and WHEREAS, pursuant to that Agreement, with subsequent amendments and renewals, ClearTrack developed and built a platform excIlusively for the County, to facilitate Selection of health plan choices ands other benefits by all of the Health Plan members;and WHEREAS, the platform was rolled out and used during the Open: Enrollment periods,of 2018 ands 2019; 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 or about November 20, 2,019, the County Issued a Request for Proposals (UP), seeking a vendor for the provision of web-based benefit administration services including an online enrollment system;and WHEREAS, following submission of proposals,with a deadline of January 2'8, 20201, a selection committee met to review the proposals, and ultimately ranked ClearTrack as the top ranked proposer and has recommended to the Board, of County Commissioners that a contract be awarded to ClearTrack; and WHEREAS,the parties now,wish,to memorialize their arrangement in the forrn of this, Agreement; and 1308 INOW THEREFORE, In consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows,, LO.D.qscription of-$e�rvlce 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 an 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 terrors In the body of this Agreement shall control.The services to be performed may only be modified as agreed upon Iby 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 tendered hereunder. 2.0Dq"es roguired of the Cgunt6 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 hereundler including,, but not limitedi 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. ClearTraick 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. 3,10 j2ral, This Agreement is effective and will remain in effect for five (5) years from the Effective Date. 4,9 Ego, for-Services PeftrMgd,1 The fees to be paidl to CllearTrack HR are those, outlined in the Employee Benefit Enrollment Overview proposal from ClearTrack HR to Monroe County attached as Exhibit B, with the clarification that there shall be no charge for Additional EDI files for curreptly existing,files (Bluie Cross Blue Shleld, Envision Rx, Delta Dental, and Vision Service Plan). The County would only pay the AddWonal EDI file charge of $1,5001 per file,if additional files are added. The County agrees to timely pay ail 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. 2 1309 5.0 EARenses. The County will not be responsible for direct expenses awssoclated with ClearTrack Hl 's services other than, those specifically referenced l in this Agreemuent n. aw. 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 H:R is not nor shall become a fiduciary of any insurance plan as the resuilt 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 went, iinhrrmatlon 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 ptan(s). The County warrants, that the County or the Count 's agent have the right and authority+ to disclose certain protected health information to CllearTrack HR for ClearTrack HR's use in performing the services anticipated) by this Agreement.. The County warrants that ClearTrack Hl "s use of this information to perform the, sesvices, anticipated by this Agreement does not vlolate ainy privacy notice issued, by the County, a benefit. program the County maintains,or any appfiicable law. c, Neither ClearTrack HR nor the County shalll have any liability for any failure or delay in performance of obligations under this Agreement because of clircurnstainces beyond reasonable control, including without limitation, acts of God,titres, floods, earthquakes, acts of weer or terrorism,, civil disturbances, sabotage, accidents, unusually ,severe weather, governmental actions, power failures, comlputednertwwork viruses that are not preventable through generally available retail products, catastrophic hardware failures, or aittacks on servers, d. The parties further agree, notwithstanding any other tears or conditions contained here,that neittrer 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 Hit, Its directors, officers, and s 1310 associates from and against any and all claims andlor lawsuits brought by any person, entity or governmental authority from andl against any and all judgments, settlements, costs,, penattles, 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 this County's directors, officers, or associates (acting alone or In collusion with others) in connection with this Agreement, except to this extent such claim or lawsuit arises from a wrongful act or wrongful omissioini 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 IHR*s directors, of or associates(acting alone or in collusion with others). f. Except to the extenit prohibited by low, Clea,rTrack 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 ands all, judgments, settlements, costs,, penalties, and expenses (inictuiding reasonable attorneys' fees and expenses) resulting from or arising out of criminal conduct, negligence, or fraud on the part of Clea,rTrack HR or any of its directors, officers, or associates (acting alone or in colliusion 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 County, pursuant to rights under this Agreement, specifically directed ClearTrack lHIR to, engage in or which, arise from criminal conduct, negligence, or frau,udl on the part of the County or ainy of the County's directors, officers or associates (acting alone or In collusion with others). Z&Confidentialltv, 7j To the maximurn 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 MR by virtue of ClearTrack HIR having ain employee,, 4 1311 I I 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 inicludle, but are not limiked 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 obfigiation of confidentiality that is Iknown to ClearTrack HR; (d) is independently developed by ClearTrack IHR; or i(ei) is required to be disclosed by law or pursuant to any order of a,court of competent jurisdiction or regulatory order properly served an 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 the, any such records or other Infomation except as,required by applicable law. b. Upon Termination of this Agreement, each party shall promptly return to the other party all coples of materials Involving confidential information in the other party's possession or control. c. Public Records Requirements,: Pursuant to F.S. 11 9.07'0 1 and the terms and conditions of this contract, the CONTRACTOR Is required to: (1) Keep and maintain public records that werouldl be reqWrecI Iby the County to,perform the service. (2), Upon receipt from the: County's custodian of records, provide the County wifth a copy of the requested records or allow the records to be inspected or 5 1312 copied within a reasonable time at a count 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 regards. disclosure requirements are not disclosed except as authorized by low 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 dluiplicate 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 requiirements for retaining public records. All records stored electronically must be provided i to the County, upon request from the + ounty's custodian of records, in a forrnat that is compatible with the information technology systems of the County. f5 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 vAthin al,reasonable time. If the CONTRACTOR does not comply with the ouunty's request for records, the County shall enforce the public records contract provisions in accordance with, the contract, nowWthstand'ing 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 section119.101, Florida Statutes, The CONTRACTOR shall not transfer custody, release, after, 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 G THE APPU'CATION OF CHNAPTER, 1191, FLORIDA 'STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TINE CUSTODIAN OF s 1313 PUBLIC iRECORDS, OR14N BRADLEY AT PHONE# 3015-292.3470 BRAD,LEY-BRIAN@MONROECOUNTY�F�L,.GOV, MONROE COUNTY ATTORNEY'S OFFICE I I I 111 2TH Street, SUITE 408, KEY WEST, FL 33040. 11 Ggyerning L w,ww 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(mnilicts,of law. 92A2219nmg-rLt 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 withhold. 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. A.3 Entire AgEegemgjn . This Agreement is the en re agreement between the parties. This Agreement supersedes all prior or contemporaneous orail 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. BA QqunLe[parts. This Agreement may be executed by the parties In separate counterparts each of which when so, executed and delivered shall be, an odginal, but all such couinterparts togiether shall constitute but one and the same instrument. t1gliraA, Any notice, communication or payment required under this Agreement shalt Ibe addressed as follows-, Monroe County BOCC ClearTrack H'"R" , 1-1-d" 1 110 0 lrnontoni Street 305A Quality'Circle Suite 2-26,8 Huntsville,AL 35,806 7 1314 Key West, FL 33040 ®. Attni. Contracting Department — ttn. Maddox- nat ull+e@m nirr e a rw y- go _ ou n "_ Fees. In the event ClearTraick HR or the County Institutes legal proceedings related to this Agreement a+ alnist 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 oolerts costs. ClisarTrack IRR and the County shall comply with all federal and state lawns and regulations governing the privacy and security of health information, including without limitation„ the Health Insurance Portability and Accountability Act (HIP AA), Health Information Technology, for Economic and Clinical Health, Act ( ITPCH)„ and their related) regulations, and shall remain in compliance with these lawns and regulations, and any other applicable lawns, rules or regulations pertaining) to the services„ as they may be amended from time to time. The partles shall execute whatever additional documents or agreements may be necessary to comply with these lawns and regulations.. €l.fl —Pr visions, eauired 9.1 i e and Rermedi . In the event of breach of any contract terms, the COUNTY retalns the right to, terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fain 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 terminiation, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY 8 1315 reserves the rigiht to assert and seek an offset for damages caused by the Ibreach, including the nest of corrective work. The maximum amount due to CONTRACTOR C TO 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 sine for breach of contract and Including the right to pursue a claim for violation of the C O NITY s False C:lalms Ordinance, (located at Section -7 1 et li. of the Monroe County Code. 9,2 T r I w The COUNTY may terminate this Agreement for convenience, at any time, upon ninety (gfl)days"inotice to,CONTRACTOR.CTOR. If thie COUNTY terminates thiis agreement with the CONTRACTOR,R, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR ACTOR under this agreement prior to date of termination. 9,3 F ual Fmn to rnent Oppodunity. wis i n. During the performance of this Agreement, the CONTRACTOR TOR,agrees as fol�lows: 1. The contractor vAll niot 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, vAthout 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; crates of pay or other forms,of cormpemsatlon, 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 by the contracting officer setting,forth the provisions of this nondiscrimination clause. 2, The contractor will, In all soficitatlons or advertisements for employees placed by or on behalf of the contractor, state thiat all qualified applicants ^gill receive consideration for employment wvithout regard to, race„, color, religion, sex, sexual orientation,gender Identity„ or national origin. . 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 applllcant 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 91 1316 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 calm plaint 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 Wth 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., & The oontractor 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, 6l. The contractor will furnish all information and reports required by Executive Order, 11246 of September 214, 1965, and by the rules, regulations, ands orders of the Secretary of Labor, or plursuainit thereto, end 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 dlecllared ineligible for further Government contracts in accordance vWth procedures authorized in Executive Order 11 246 of September 24, 196,5, and such other sanctions may be imposed and remedies invoked as provided iiin Executive Order 111246 of September 24. 1965, or by rule, reg lation, or order of the Secret"of Labor,or as,otherwise provided by law. 9.4 DERAL CONTRACT REQ_UIREMENTS. The CONTRACTOR, and its subcontractors must follow the provisions as set forth In Appendix 11 to 2 CFR Part 2010, as amended, including but not limited to: A. Contractor agrees to comply with all applicable, standards, orders, or regulations issued pursuant to the Clean Ar Act (42 U.S.,C. 7401-76171q) and the Federal Water Pollution Control Ad as amended (33 Ul.S.C. 1251- 13l87) and will reports violations to FEMA and the Regional Office of the 10 1317 Environmental Protection Agency(EPA). B. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreeme!nt7 under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract %vith a small business, firm or nonprofit organization regarding the subsfitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient must comply with the requiirements of 37 CFR Part 4013 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implemandnig regulations issuedl by the awarding agency. C. Debarment and Suspension (Executive Orders 12549 ands 126,89)—A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the Systanii 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)1, "Debarment and Su"nslon." SAM Exclusions contains the names of parties debarred, suspended, or otherviise excluded by agencles, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 112549. D. Byrd Anti-Lobbying Amiendiment (31' U.S.C. 1352y--Contractors that apply or bid for an award exceeding $1100,000 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 iFedleral appropriated funds to Ipayr 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 contract,, grant or any other award covered) by, 31 U.S.C. 13521. Each, bar 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. _Qje_a[TpqJ_(M all-sykp2ij Eghjbit D to the Coup-,ty'§ Ben2fiAt office within 10, dffl following ex ion of this, Ag[aeMie. t ty thg gouply, =2E.-EidaW 13eguIMMints, E.Americans with Disabilities Act of 1990, (ADA)— The CONTRACTOR will comply Wth all the requirements as Imposed by the ADA, the regulations of the Federal government issued thereunder, and the 1318 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 D,BE requirements of applicable federal andl 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 ands reasonable steps in accordance with applicable faideral 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- Verity system to verity the employment eligibility of all now employees hilred by the Contractor duringi the term of the Contract ands shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the US. 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. 9-5 Cile,a,rTrack HR warrants that heAt has not employed, retained or otherwise had act on hisfits behalf any fonner County officer or employee In violation of Section 2 of Moin roe County Ordinance No. '10-1990 or any County officer or employee in violation of Section, 3 of Monroe County Ordinance, No. 101-19901. For breach or violation, of this provision the County may, in its discretion, terminate this contract without Ilablillty 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. 91.6 The County and ClearTrack HIR 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 gft; doing business with one's agency; unauthorized compensation; misuse of public! position, conflicting employment, or contractual relationship; and disclosure or 12 1319 use of certain, information, or the County's gift policy,, set forth in, Section 1.105 of the Couinty's Personnel Policies and Procedures Manual (Code of Ethics), available at Lwtt[t,,2,;j/ _ LqggLgLty.- s. 91 Insurance Requirements,. At or prior to execution of thi's Agreement, all ,of the insurance coverages listed In Exhibit E, Insurance Checklist, will be obtained ands certificates of insurance will be provided to Monroe County Board of County Commissioners. Monroe County Board of County CommiWoners will be listed as an additional insured on the followingi 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 insurance will be provided by the vendor to the County. 9.8 A person or affiliate who, has been Iplaced on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to,a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform, work as a CONTRACTOR supplier, subcontractor, or CONTMCTO,R under a contract with any public entity, and may not transact business with any public entity In excess, of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor lust. By entering Into this Agreement, ClearTrack warrants that It has read this above anid states that neither ClearTrack nor any Affillate has been placed on the convicted vendor list v4thin the last 36 months. [ HE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK] 13 1320 NNWITNESS WHEREOF, Via parties have caused ft Agreement to be mocuted lhodate set fofth below,. rtlas hereby agree and corment W #wl terms and conditions of the At WWI alftovviedge such by wcacuting the Agreement below. Monet County Board of Co u", 040k, CPA,4 Clerk of courts 4410 Ct�rr�r�tiol a�i' yet y, As Dep*Clerk y r Data / Witnessed: CtoarTractc MR, LLC By: BY: t nt Karma: Heather McFadI CEO Data. Late: May 20,2020 APPROVED S TO,FORM AND CONTENT NT MONRCIE COUNTY ,TT'Cal r EY'a OFFICE :a�iWw,ta904 a by cp"060.HO (akun4y PKK4,,a w wn*-si fw cy^nttMaagars,GwraranageaaUhla -ffQW.;, c4is Da w 702C C)TA 0 1 y i(%A V 44 OW i I"y T1 14 1321 EXHIBIT A CLEARTRACK HIS SCOPE OF SERVICES CLEAR TRACK HIS shall provide the following chii services to the County under this Agreement: Services 0 W cei Drulkro" 0 Traddkwul wAiwitmactive sissisurd.v nutefial's 0 Onsde ofwaw-one meeting,* 0 EAroftentoWfom lHei Ell Grow meatngs 0 Eni platform(Be") Z EnroRmeni plarbirro trier suppoil C3 Dei EWdy Vedflication EnroMmont Solutions, R 00M Smailliff"t 0 Year-rouM is"s charges 9 New hire#nroi 0 0"endew vaificai El Mquisib"60lawk4wa) SwaffitAdmInIsAri E3 Beni efigtiNty 0 Cafflei Werface 01 Rehires Development Q remuni Q Scharf *O EDI Met to cardevs, 0 Lde"ant char*" (twoughout the Yea, 0 Premium NO ngi and 0 1 ntogradon wbi ftwwne ACA roconciMation convillance wMie M Stardard and custo repods for M Pre-e"Wwltdaitai audia adminintewig bene(M MONO Communication 13 WAM fSk3 0i Bewfit Summaq Books 0 Webilmar mei prounlaoms 0 i Sa guide and Workbook 01 Onhinei Calendar Entogrnerit Custom Schai cwl ocri prom4ft 0 Ow enrollment ennouncemont 3 BrarKlod,on"enrcAffient le"er screens 0 OW,enroonent postair 0 Benefit t3i P&YrQ4 stuffem StaWrinaninitam 13 Auto cal recordings (31 Prepali lot open sinrollirrvat 0 Text and man,numaotis beneot woftook 0 l5mp"and manalpmerl 0 Print and FuMlIrrient Surveys, 01 Interactive 09"Boi El Total CoffWemwKion Statementa 0 emommarl,G"S 0 Employee Decision Tools E) Coi Messaging D V1dw E3 Family Maditill Leas 11 y4b portsfis C31 Mai Pwmft Tools 0 Fimil arW Call R"nders 01 SO4W i Moi El Wei Engagement 0 Deson and Copywi 15 1322 EXHIBIT B FEE SCHEDULE E CLEAN TRACK HR is providing open enrollment platform services on a one-time basis. The fees shall be in the amounts set forth below: _ .w._ .... . ..... n. . .. l latforrn Nncludes 4 gpll files Noe e meb-based'Enrollment AdditionalITEDI files w(uf FNLuifed 1 50g erfile -.- Online Benefit Administration and Enrollment System .00 PEP _(jo nu l s tech,ni al/ Dear sup a ... .. "Total estimated expenses are based on enrollment of 1400 employees.. Actual cost will be calculated based on actual number of benefit eligible empn l;oyrees during open enrollment, but are capped at no more than five ( ) muoniths. *** Call center support does not include benefit consulting and/or assistance with enrollment of benefits. ""Estimated expenses calculated based on 4 IFII I fides (4 are iuncll udiedl). At present, Monroe County does not believe that an additional Ef l file is required'. However, if it is, the cost per additional Elul file wiill be $1500. Invoicing and Ep ments. The invoice shall be sent to the County o the 111 (first), days of each, month,, Invoices will be delivered via e-mall to the address provided by the County and are due and payable in accordance with the (Florida Local Government Prompt Payment,act. If any aiddlitiornal services are requested by the Monroe County BOCC, the County will request a quote and Clea,rTrack will provide a quote, The additionail services will be provided only after written approval of the County to, the. quote. Examples would l be customized programing or development outside the scope of the (Benefit Administration System. Monroe County BO,CC. must authorize alll additional services and fees, in writing, prior to work being performed'. as 1323 EXHABIT C Approved by Ohl 03411-00,46 Disclosure of Lobbying Activities Complete this unarms to disclose, lobbying activities pursuant to 31 U.S.C. 1352 Jfee reverse ibr Public urd*qdisc12E4jV 1. Type of federal Action: I. Status otFeder all Action: 3. Rtpert Type. is.contract a.bid/ofledapplication X 3,initial filing bl grant b,initial award b,material change c,coqptrativt agreement c.plo�gaward d.loan For material thainge only: C.loan guarantee Year qua"W_— f.loan insurance Datc-Winst report 4, Name and A44rgsa of ReportlagEarity: & If Rep, IN.kg Entity in No�4 is Sub.a wartIM, —X— Prime____Subawardee inter Nam,and Address ofFrime, Tier if Knowr.: N/A Monroe County Board of County Commissioners 1100 Simonton Street Key WcsN FL 3,30,40-3110 #1itatn.IqL6 Federal Department/Agency: 7. Federal Program Name/Description- U& 0eparmic"t of Justice Office of Justice Programs Bureau of Justice Assistance C FDA Number,,ifapplicablei.6,738 ............. 8. Federal m otion Number,ifbwwn.- 9. Award Amount.,if known; 9JA-2019-13626 $13,9!82 1,0.a.Name and Address of Lobbying Registrant b. individuals Performing Services Oncluding address ffindiviAal, but name,first name,A47) differeAtfrom Iva 160) (hers nwne,first name,U,& N/A N/A I L Information r*4ucsl through this firm is authorized by title 31 U.&C. steflon 1352. This disclosure of tobbylog Signaturv, Octivilles is & material ­Pme"'Ation Of fact upon which reliance was placed by time tier above %btn this iransoction Print Name. was made or entered Into. Tbh disclasure is "ired Pursuant to 31 UAC�1352.'this liaArmation will be"Polled T itle: to the Congress s4ens"navally and will be aval&T public inspection. Aty person, who lath to file the required disclosure slust!be subject to a civil pro ally of not its,,than TW*pbooe No.-, Date: 0,0100 and not more than$100,000 breach such(allure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) .... ..................... V 1324 INSTRUCTIONS FOR COMPLETION OF S'F-I.L.L.,DIS OF LOBBYING l ACIT $ ']"limos disclosure forme shall]be completed by the reporting entity„whether subaw arrdee or prime.Federal recipient, at the initiation or receipt of a covered Federal action,,or a material change to a previous failing,pursuant to title 1 U,S.C'.section 1352. filling of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an weer 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 cowered Federal action.Complete all items that apply for both the initial filling and material change Refer to the implementing guidance published by the Office of Management and Budget for additional information. I. Identify the type of covered Federal action for which lobbying activity is andfor has securer]to influence the outcome ofa covered Federal action.. , Identify the of the covered Federal action. 31 Identify the appropriate classification of Ns report.. If this is a followrup report caused by a material chan ,e to the infannation previously reported,enter the year and quarter in which the change occurred, Enter the,date of the last previously submitted repent by this rellx3fting entity for this covered Federal action_ 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 subawward recipient, Identify the tier of the subawardee, e.g,., the first subawrardee of the prime is the list tier.Subawards include but are not limited'.to subcontracts,subgjmnts and contract awards under grants. d. If the organization filing the report in item d checks"Subaavar°dee,"then enter the full name,address, city,State and zip code of the prime Federal recipient,.Include Congressional Distttiot,iflwrimm. 6. Enter the name of the federal agency making the award or loam commitment. Include at least one organizational level belowwr agency name,, if known. For example, Department of Transportation, United'States Coast T Enter the Federal program name or description for the covered federal action(i 1),If known,enter the full Catalog of Federal Doer stic Assistance(t F'DA)number for grants,cooperative agrc V% emirs,and loan connraitrrmm't'k, g. Eater the most appropriate Fedtrral identifying number available for the Federal action identified in iterrr I (eag,, Request for frroposall (Itli P) number; Invitations fiar Aid('lp'E) number, grant announcement number,the contract,grim, or loan award mutnbear,the applliicafl roposal control number assigned by the Federal agency),Included prefixes,e.g;M„"Up-1 13,90-001."y , For a covered federal action where there has been an award or loam commitment by the federal ag ency, enter the Federal amount of the awrardlloarr commitment for the prune entity identified in item 4 orS. 10. (a)Enter the full name,address,catty,Mate and zip code of the lobbying registrant under the Lobbying Disclosure tact of 1995 engaged by the reporting entity identified in item d to influence the cowered Federal action, (h)Enter the full names of the individual(s)performing,servir es„and include full address if different from ltli(a),Enter Last Name,Firg Name,and'Midtllc Initial(MI), )I. The certifying official shall sign and date the farm,print his/her name,title,and telephone number,. is 1325 EXHIBIT Byn -LO n (To be=&Wtiod witt w or f sj , . be or ms teliWadm uu to Iny Pw=1 f &AUftui4 Dr IttemptMa to iahmoce an officer or empl of a , a MwAft C(Coagm a os*u H of 'Of to cloy"of as mtaka of COMPM ` , reatw4s,aamudotA a cat" aafSa " of wopera'n , 2.UASY thud4 otbft t=Feiffdwill be to for im .� or effim of ewplaj ,of an f(%6gM-A raf Of"AY"of Cou or an," yft of a Member of Congreu in,cmeedim with a s. ULV w4v Yonn To Rt9ftl obti ," w + mac with l iax*ucti'"W, �for � s� r O �n ram,, slil k )grad dwi all mrr a ipies3 r&Wl wd&w4me wco 1"Wactioa wus raw *rftxiwt4 inw,Subtabaion as"a a l"Aiscatim is a jimupisiftfor a Aa oft who "" a to We die requivd outificabou*bAbe wbjectaoas ti jpwnjty D a ,of ea as Of aft am-. U d g ,..if any. °tip ad&gives thaitw, pram r 'd' La, y rr ,o J 1,ifan y. Heather McFarland Jung 1, 2020, Date 1326 EXHtBIT E INSURANCE CHECKLIST '. 1327 PROFESSIONAL LIABUITY INSURANCE F EQUIREMEN'T'S FOR CON'TRAC.'r BETWEEN MON ROE COUN'TY,FLORIDA 1) Qaa kJae-- Rcr,.-ogn�441,0, �hu; Lhe wwk jonrud by 6s panumt involves the furniMiAg of advice or savin uC a proKsMA nmum, be Comm sk purckbc and maim4n, 150UIkKa [lac Me of the ConVdd, ProFL's6,-ma1 Li'abi h y Insw-imce whk-h wi!l respond to darnages muhing from any,chinm adsing smut of the performance cf prt1essional sr:rvmes or any error or omission of the Conmmor aking ow OF wad gmvmcd by IN carimm. The nommumn rinos or HUNGY M! $30000 per Occurrencel$500,(K)()Aggregate If coverage is rum We on a Mum made hmkam clumM.1 ditus reponing peQdur Our(4) yon kou he mqWMCL PRO I C klsuoAA14o 7,1001.1 1328 WORKERS"COMPENSATION INSUIONCE REQUIREMENTS FOR CONTRACT lift BETWEEN MONROE COUNTY,FLORIDA Ccrnpensw on Insurance with hniwTssufficirnt wn rc�rjond to applicabIc Workers' Compen,ivicin awe mmums an the rtquiremc.nts of Chapter 4401, Florida Swute . In addition, the Conummor W Win Ehnphyem' Lukhq hntuvwe w1h H"u cd nw Ins ffian, $q 00,0('O Bodt Ij, ln ui y In y Accidc ni SWROUD Baday Igmy by Meuse,palry hnAls S TO MOD Bms Q Irtury I"Y rNsease,each enTlnyu Cuveiiraq;ewd[by riwAnw%J duuqhwa dw entau mmi d ow comN.. CW%CMge vK4 be juMul by a company nr Compamn rudwracd ui rowan an Nshmv% W Ow emu, v of Fki&, Ir We Cuni"wior Sw haer appmvul by am F&WEw Dq;j(j[jjCjjtL aIs a n "C"H, 01U sla iu' The C's'MIL'tuiri, �Fqr vmwA by Q Spsomm 14 Wor ami a C>Anmac 001 NB Y Indkor" dic Conit'arl vt ' ik"M"Alx-c" we MCI Won= n. hniumn "M W wWWA u�JIOFI H"kjnt"n'n ficol 6 Io lot", NC I KNUMMWOU humonm 1329 1GIA,rwRamn CYBER IJABUITY INSURANCE REQUIREMENTS CONTRACT' g�O R ghk 1)76nin;s tit's BE,' ""uV MONROE COUNTY, FLORIDA (21 EEN MOM We caw~nmencement of Avnrk �pv rrnccl by thk contract,(tic Comracicir will cabiwiurs )bor U"bility laa aururce. CoMage %M he rxnaruntaa�nied throughoul the hrc of dic caaea raci and 1nclud!c Ow NAkiwigoamnigm Inwinct Media Network ExwrOwi C!FWe,s and Ums That iTflnimum hr is k Gacccru iNe.iv d�a,O4q�4rtBt il,�diR�.w'�VV rG&'Rut„`Irrrvp �,�Pr,J`r'� eq.,t 1330 CIIIantO.,21 959 0 CEEARRTRA111 ACORD_ CERTIFICATE OF LIABILITY INSURANCE 0AM Nroldw'mAnYwYnR 1tA4A95A2£N�2"17 THPS CER'Tt ICAaT'E t hSSUEICs AS A MATTER OF INIFORSTATtON i AND CONFERS NO RTPFICATE HOLOE.N�,THIS CFRTW CA TIE DOES NOT A6F FIRANIA TNIACR.IP OR,rNIEdATPY'E L"T A V ANPT,IEXTE140 OR Awt TER THE COVE'RAACRE AIA`li BY THE P OUCIES EN„rCIM TTNNS C PgRT"IOCAtTE Of INVSRAR*NpC1E DoES MNwCT CONSTITUTE AA CONTRACT UETWEEN THE ISSUING INSURERlSi,Au THwvPRtm REPRESENTdATME CR Pn"FROOVC'h1R.AND T*G CERTIFICATE Si t T T1Tt A1R1T,I RtAN CaT NT atl rdArllllar ANTy P 1NAN.Ph1 „TN�a Fa9t T$tiaSg must AT7iCb1 1N4AN. Nq erlmngTH A as tkA andrgraad. PC SUOP RIXA1TIION IS WANED,IpUbj4d 10 Cyr NuAm�amgl and condibio s of lNgv Froky, wcN�lAu Tagand�^PA�may mquint an auneiersorriant Aq statinrions Tsai I Nip eiNiraw a npa not connf er ant aN 1i to the coroncole'hratder In INnrui of six"ovaorsaiiT s. AArNNMuw FnWmixic IF Mtc�A rRTT 1TNStrTaITCSaN wiC55 FAQ S201 Rl"ldapi Ct,Sui 211i5 ��T�T dQ T TT" Fi 01 BoX'2'1125 Aau a A irrPAN TaMERA iE NAn a RaIvhSlti,NC 21504 orarunrrnranw au A a; C:1aar°Track 11R LLO raNnA a c 306A CRIAap41g+C1raPa PRIIANP 1NgArT1i1^YN,N1a,AL 351104NngpAgPAbp; �Awaur�a: aru Wn s C C"A�A ES CETR NI 6CATEPPN ABER. RE"Y15IO NNNU486R,: tW3,13 10 CEANrNN'v�"f41 S Pei:fi3O CIS OF INv IPU RANCt osspn S&ow CAN t)* I000i Ni Ai FOR TH ii Xi— I U40i)gCATFCm.. NOT"q INSTA,"arDlnq.G.ANY kE4LRRFhNrAmT,TFAM 00 C0gNTW44 OF ANY"ItRA(rT OR d,TKEAJ!NaCq. ETTT µATH FTE'ST"EC'T TO MWVCWq THS CfRTIFICATE MAY i I'4SURD A,IAti"tr leii EllWI, GHfi InAS'i44Npdw•W+C:A AFFORDED aY likk RlMar 4S DEW.W840 14991 IS SL"JI&CT TO AkIL T4bE 11CMAATS E:ACLUIVO NS AJI0 CO NDA'TONN5 Of SUCH T°CUCIE&114, NwMTS i,NFti,+gTa PRAY MVE SEEN PR41JCE19 SY Api C(A T43 � ,.. Lip u aNcPruaasNura A, �" Pta0.g YAW9Fq rTM „IwraTTi �,ar�wr��r.carnru�au�Aw�,urr �¢asrcu�urhaCn s »niAaWn ACE �a'igWE a wrni+E Ar I:ANa ,,,,,,� „�. ai� aaawAaAmnrura.r�r�IsvYu - D2 a �anATaTRNm�A qa .a .-.» POLICY r �V.67C ' Fh191�C1��.W� R"�'M1Tx�±T7d gf rt" pA ..• � .. P mua➢mrTaaaSI�T ab+AlAuT,rnY , ...,.._ .�,.... i"E.gT� AWY AJ'rCM Y" 't4'�tldMmJA,PPP W to GM�"mcw'1 q MNIAkati&aIn,Y „, MAAnSgaan,Y r, ,lrgW n6�'rAc;MtwAA,rnWn aA Kpif 7gTAATY�a AnA aAl A4 rd T aAdN Y nauAa n W Cuan Lhun LilAA OCCUR ki M Ot,r"A m P. $... .asLWAa a rrAEwrN.m. ... EY0.nE F ,a ,wT arvar aAN „^ wwAwa�Nn A�nwa N�ANaw A NTarn A}w�^6Yaaaa6lr"K .. 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