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01/25/2021 (2)
COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA MONDAY, JANUARY 25, 2021 -10:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Special Call Meeting --This meeting can be attended virtually by accessing Zoom. Instructions can be found on the last page of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Joseph E. Flescher, Chairman 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS AND PRESENTATIONS 5.A. Presentation of Vaccination Update by Miranda Hawker, Health Officer, Florida Department of Health in Indian River County 6. COUNTY ADMINISTRATOR MATTERS 6.A. Update on Vaccination Registration Options Attachments: Staff Report Luminare Service Agreement January 25, 2021 Page 1 of 2 7. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. January 25, 2021 Page 2 of 2 Department of Health Miranda C. Hawker, M.P.H. Health Officer Florida Department County 100 RM © IrI 1r( Ir � \j �.- �-�1�1 � - "r-^ � - v rgy'��•�k rr -y-,\j "r' ^, � I ©); 5, 6 January 3rd First mass vaccination for those 65+ (partnered with Treasure Coast Community Health) January 6 -8th Partnered with County Emergency Services to offer mass vaccination for those 65+ at the Fairgrounds January 12 -15th Mass vaccination for those 65+ at the Fairgrounds January 20 -21St Mass vaccination for those 65+ at the Fairgrounds January 27th and 28th Mass vaccination 65+ at the Fairgrounds February 2nd -7th 2nd dose clinics for Pfizer and Moderna We are planning regular clinics like these pending availability of vaccine ------------------------=------------------------ Moderna- 2,320 (12/28/20) • Health Care Workers with direct patient contact (520) • Mass vaccination 65+ (1800) Pfizer -4,875 (1/5/211 • CCI RH (2,875) 65+, those at high risk for COVI D-19 • Mass vaccination 65+ (21000) Pending —Pfizer 1,950 (1/11/21) • Allocated to mass vaccination for HCW (500) • Mass vaccination 65+ (1,450) for week starting 1/18/21 Pfizer -975 (1/18/21) • Allocated to mass vaccination 65+ Gl The currently authorized vaccines to prevent COVID-19 in the United States require 2 shots to get the most protection: Pfizer-BioNTech doses should be given 3 weeks (21 days) apart Moderna doses should be given 1 month (28 days) apart You should get your second shot as close to the recommended 3 - week or 1 -month interval as possible. CDC states "The second dose should be administered as close to the recommended interval as possible. However, if it is not feasible to adhere to the recommended interval, the second doses of Pfizer-BioNTech and Moderna COVID-19 vaccines ma uD to 6 wee 0 iays) after the e scneaut =irst dose. or administration • Awaiting study results on rates of Asymptomatic Infection in those vaccinated • Until known, masks are prudent at least until a significant percent of the -population has been vaccinated and COVID transmission rates are much lower Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: January 22, 2021 SUBJECT: Update on Vaccination Registration Options On January 19, 2021, staff presented information to the Board of County Commissioners (Board) regarding various vaccination registration options. At that meeting, staff recommended, and the Board direction (based on a 2-3 vote) was to pursue the State's vaccination registration system (Share Care). The Board directed staff to continue to gather information and monitor the progress of the State's system and provide an update by the next Board meeting scheduled for February 2nd. Pursuant to Board direction, staff has continued to work this issue on multiple fronts. At this time, staff would like to provide an update on these options based upon the most recent information. State Support for non -Share Care Participants At the meeting, several commissioners expressed concern about the possible implications of moving forward with a solution other than the Share Care system. Staff has reached out to State officials on this topic. We have been assured that the County would not receive a reduction in vaccines if we were to choose to use a different system than Share Care. However, staff does remain concerned that certain State support might not be available to the County if we were not to utilize Share Care. For example, the State has supported vaccination sites, such as the one at Hard Rock Stadium. While the County and the Health Department have had great success operating the mass vaccination site at the County Fairgrounds, State support if available, could potentially help us increase capacity. it is important to note that the County and Health Department have had to direct substantial resources to the vaccination clinics. This effort will likely need to continue for several months, which will strain both agencies and become a long term diversion our staff from their normal everyday responsibilities. 6A, N Time to Implement One concern about utilizing the Share Care system is the uncertainty of the timing for implementation of the system in Indian River County. As this is a statewide system, dozens of counties must be supported and the State is unable to roll out the program in all counties at once. Since the meeting on January 19th, County staff has been advised that the State intends to roll out the Share Care system out to the county by mid to late next week. This is faster than was previously thought at the time of the Board meeting, however, there is still some uncertainty with this timeline based upon everything that the State must contend with at this time. Waitlist Functionality & Timing The Board has expressed a desire to provide a waitlist for our residents to reduce some of the anxiety based upon the current system. Due to extreme lack of supply, most residents that are eligible for a vaccine and desire to receive one are unable to schedule one of the few appointments available. The goal of the waitlist is to provide some certainty to residents that they "have a place in line" for a vaccine and that they will be provided an appointment time when a vaccine becomes available for them. Staff's understanding is that the Share Care system does not currently have a waitlist capability, but that they are working to develop this and roll out the functionality in the coming weeks. The option that the County is considering (Luminare Inoculate) would have a waitlist functionality upon rollout of the system. Cost and Commitment for Luminare Option As presented on January 19th, the Luminare system would cost about $150,000 as opposed to Share Care, which would be provided by the State at no cost to the County. One concern that staff has had about the Luminare option is that the cost is substantial. While this would be a worthwhile investment to help manage the vaccination effort, it would not be beneficial to spend these funds only to switch to the State system in a matter of weeks. Staff has worked with Luminare since the meeting, and they have agreed to provide their system on a trial basis for 60 days. We would pay Luminaire $10,000 for implementation of the program and the remaining $140,000 would only be due if the County continues to use Luminare following the 60 -day trial period. This provides an option for the County to implement Luminare and switch to Share Care later in the process with a much smaller commitment (initial $10,000 payment). Florida Residency Requirement Since the BCC meeting on Tuesday, State officials had stated publicly that the vaccine could be provided only to Florida residents to discourage the "vaccine tourism" from other states. This was formalized in a Public Health Advisory by the State Surgeon General yesterday (January 21St). The order provides that, "Prior to providing the first dose of the COVID-19 vaccine to the intended recipient, every vaccine provider in Florida should (emphasis added) ensure the recipient of the vaccine is either: 1) A resident of the State of Florida able to demonstrate residency consistent with the criteria set forth in Section 381.986(5)(b), Florida Statutes; or 2) An individual present in Florida for the purpose of providing health care services involving direct contact with patients." �d® While this provides clear direction on the residency issue, it complicates operation of the vaccine clinics. Health Department staff is very concerned about administering this test on site. The manner for determining Florida residency is as follows (per 381.968(5)(b), Florida Statutes): "The department shall determine whether an individual is a resident of this state for the purpose of registration of qualified patients and caregivers in the medical marijuana use registry. To prove residency: 1. An adult resident must provide the department with a copy of his or her valid Florida driver license issued under s. 322.18 or a copy of a valid Florida identification card issued under s. 322.051. 2. An adult seasonal resident who cannot meet the requirements of subparagraph 1. may provide the department with a copy of two of the following that show proof of residential address: a. A deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental or lease agreement. b. One proof of residential address from the seasonal resident's parent, step-parent, legal guardian or other person with whom the seasonal resident resides and a statement from the person with whom the seasonal resident resides stating that the seasonal resident does reside with him or her. c. A utility hookup or work order dated within 60 days before registration in the medical use registry. d. A utility bill, not more than 2 months old. e. Mail from a financial institution, including checking, savings, or investment account statements, not more than 2 months old. f. Mail from a federal, state, county, or municipal government agency, not more than 2 months old. g. Any other documentation that provides proof of residential address as determined by department rule. 3. A minor must provide the department with a certified copy of a birth certificate or a current record of registration from a Florida K-12 school and must have a parent or legal guardian who meets the requirements of subparagraph 1. For the purposes of this paragraph, the term "seasonal resident" means any person who temporarily resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction." The concern expressed by the Health Department and shared by County staff is that on-site verification could bog down the process of actually getting shots in arms, which is the primary objective. Not only would additional administrative staff be required, but it will likely result in many people who have an appointment becoming disqualified on site, leading to fewer and unpredictable numbers of vaccines administered per day. This process would be much better implemented through the vaccine registration program ahead of time. As such, the residency direction complicates both the Share Care and Luminare options as neither currently has this functionality. It would need to be developed in either software system. Summary and Comparison of Options Based upon the new information staff has prepared an analysis of the two vaccine registration solution options as shown in the table below: 14 e .. Functionality being developed. Funct�anauty upon " " ^��� �,� �� . Likely implementation in coming Luminare Waitlist � �'� � � � implementation weeks a z� ,` °Mid late weed of�lapuary 25t" 3 ?days from contract`"Similar (Luminare for Time to implement �, �Imt�al �mplementat�on would" waitlist) M System operating in Texas' VgM ti " VState manage jmplementation� but not implemented in AK Lower risk to County if Share Care Risk of Implementation Florida yet. This would be the�� t amplernentation challenges � �Y� first Florida implementation, ��System is fully integrated with ��e Working to integrate with aFlor�da ShotsW�Also; helpful to f Integration with State Florida Shots, but not be partiofistatewide solution°fore Share Care completed coord�riation�acrosscounties,. reporting to Fetl t"`y ' "> go, ' iR Will receive functionality as destiny"Canequest" determined by the State. Could Self-determination customrzat�ons for functions, " Luminare have allies in other counties to like"res�dncyiequirement request additional functionality This may:carry additionalcost � $10,000 implementation cost.���" Total $150,000, plus ancillary x Funded byStat No cost to n Cost costs such as text message, Share Care robo-call costs ($0.015 per text after first 10,000) X^6k?a*, �*%Would allowMi;Or continued State w. limited r�supiaort fior resources"at "� Share Care State support State operated I", nterWth County provided with ourEM a local number for residents at Share Care Call Center resources at County expense ° "" " � no cost`to Cour►ty� �,� � ��� Similar fuctionahty w�t�t ` Stri�ilar o�Lumrnare,except Similar (Luminare Sh"are Care withaddttion of �waitlist funct�anal�ty wdl occur advantage due to Functionality "�" w+rarthst uponiiplementation . tater _ waitlist timing) Note: Option with advantage by category shaded in blue Funding Funding in the amount of $150,000, plus costs for text messages and robo-calls (estimated at $175,000 total all-inclusive is available from CARES Act 2.0 Funds if the Board were to select the Luminare Inocluate solution. If the Board selects the Share Care option, costs will be funded by the State, so no County appropriation is necessary. Options Option 1 — Utilize the State's Share Care solution. Under this scenario, staff would pursue the earliest implementation of the system as well as request that the waitlist functionality be deployed for Indian River County as soon as possible. Option 2 — Utilize the Luminare Inoculate solution. Find that it is in the interest of the County to waive bidding requirements based upon the urgency to implement this solution. Authorize the Chairman to execute agreement with Luminare. Staff Recommendation Option 2 — Utilize the Luminare Inoculate solution. Find that it is in the interest of the County to waive bidding requirements based upon the urgency to implement this solution. Authorize the Chairman to execute agreement with Luminare, after review and approval by the County Attorney. 113- SERVICE AGREEMENT (LumINARE SOFTWARE This Service Agreement ("Agreement's, dated as of January 211h 2021 ("Effective Date', is made by and between Luminare Inc., with a place of business at TMC Innovation Institute, 2450 Holcombe Blvd., Suite X, Houston, Texas 77021 (`Luminare'% and Indian River County Florida with a place of business at 1801 27th Street, Vero Beach 32960 ("Company'q. The parties agree as follows: 1. Service. The parties intend for Company to use Luminare's software services identified in Exhibit B, which is attached hereto and incorporated herein by reference, which services are will be provided to Company as a hosted, software -as -a -service application (collectively, the "Service"). This agreement is specifically for the product and scope as described in Exhibit B. Subject to the terms and conditions of this Agreement, Luminare grants to Company a nonexclusive and nontransferable license to use the Service for the term of this Agreement. Company's use of the Service will be solely for its own internal purposes of the Company, by its employees and any healthcare providers, pharmacists or other employees who are involved either in patient care or quality management related to patient care and who are authorized by the Company to use the Service at the Company's facility. Company and Luminare shall each comply with their respective obligations that are set forth on Exhibit A, which is attached hereto and incorporated herein by reference. 2. Payment. Company will pay to Luminare the fees and other amounts set forth on Exhibit B or as may be specified in any mutually agreed upon SOW that is signed by both parties and incorporated by reference into this Agreement. All fees and other amounts are exclusive of any sales use or other similar taxes or charges, and Company is responsible for all taxes or charges assessed by any governmental authority in connection with the provision and use of the Service under this Agreement, except for income taxes payable by Luminare. Fees shall be invoiced as set forth in Exhibit B or in the applicable SOW. Unless otherwise specified in Exhibit B or in the applicable SOW, any amount invoiced is due and payable no later than 30 days after the date of invoice. 3. Term; Termination. This Agreement commences on the Effective Date and will remain in effect for the term set forth on Exhibit A. The parties may extend this term by executing a signed modification to this Agreement. Either party may terminate this Agreement if the other Party materially breaches the terms and conditions set forth herein, provided however, that such breaching Party is provided no less than thirty (30) days in which to cure such alleged material breach following actual receipt of the written notice from the non -breaching Party describing the alleged breach in reasonable detail. This Agreement also may be terminated no more than seven days after the U.S. government revokes the employer's rights to collect their employee's Input Data. Sections 4 through 13 of this Agreement shall survive expiration or termination of this Agreement. Company may at any time and for any reason terminate Luminaire's services and work for Company's convenience. (This is a Federal requirement for any agreement over $10,000. Luminare certifies that it and those related entities of Luminare as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Company may terminate this Contract if Luminare, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. J41. 4. Ownership of Service IP. As between Company and Luminare, Company acknowledges and agrees that the software and other intellectual property underlying the Service, as well as any Service user materials, are the property of Luminare and are protected under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Luminare reserves all rights not expressly granted in this Agreement. Luminare has the right, but not the obligation, to monitor the Service, Input Data (as defined herein) and Service reports. 5. Ownership of Input Data; Permitted Use. "Input Data" means all information and data input into the Luminare Solution purchased in Exhibit B. As between Company and Luminare, Luminare acknowledges and agrees that any Input Data is proprietary to Company and/or third parties, and not proprietary to Luminare. Company represents and warrants that it has all necessary consents, or owns or otherwise controls all necessary rights, to supply Input Data in connection with the Service and that use of Input Data for such purpose will not violate any applicable law or infringe or violate the rights of any third party. Luminare will have no liability under this Agreement for any failure of the foregoing Company representation and warranty. In addition, Company grants Luminare a nonexclusive license to use de -identified and/or aggregated data uploaded to the Service and/or produced from Company's use of the Service, for the purposes of evaluating effectiveness of the Service, making improvements to the Service, and generating statistics regarding (i) any of the results of use of the Service or (ii) the general effectiveness of medications and other treatments, individually and in concert, on disease states. 6. Limitations of Liability. Except for any breaches of a party's obligations relating to confidentiality or Company's obligations concerning its use of Luminare's intellectual property, in no event will either party's aggregate liability hereunder to the other party exceed the total fees paid by Company to Luminare for the twelve-month period preceding the date on which the subject liability arose. EXCEPT FOR ANY BREACHES OF A PARTY'S OBLIGATIONS RELATING TO CONFIDENTIALITY OR COMPANY'S OBLIGATIONS CONCERNING ITS USE OF LUMINARE'S INTELLECTUAL PROPERTY HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, WITH RESPECT TO THE SERVICE (EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW OR BY ANOTHER AGREEMENT BETWEEN THE PARTIES HERETO) FOR ANY LOST DATA, LOST PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER REGARDLESS OF WHETHER SUCH LOSS WAS FORESEEABLE OR THE PARTY SUFFERING THE LOSS OR DAMAGE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 7. Disclaimers. Company's access to and use of the Service is at Company's sole risk. Company understands and agrees that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, LUMINARE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT 8. USE WARNINGS. THE COMPANY DOES NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER HEALTH MANAGEMENT SERVICES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BY PHYSICIANS OR LICENSED INDEPENDENT PRACTITIONERS, OR A SUBSTITUTE FOR DIAGNOSIS, S,6'1 TREATMENT OR HEALTH MANAGEMENT AND IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. FURTHERMORE, THE INFORMATION PRODUCED BY THE SERVICE IS ONLY USEFUL TO THE EXTENT THAT THE INPUT DATA IS ACCURATE. END USERS SHOULD ALWAYS RELY ON THEIR CLINICAL JUDGMENT WHEN MAKING DECISIONS REGARDING PATIENT CARE. AT ALL TIMES, IT IS THE RESPONSIBILITY OF COMPANY AND ITS END USERS TO ACCESS, REVIEW AND RESPOND TO ALL RESULTS FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY ALERTS MADE AVAILABLE BY THE SERVICE (COLLECTIVELY, SERVICE RESULTS), IN A TIMELY AND CLINICALLY APPROPRIATE MANNER, AND LUMINARE WILL HAVE NO LIABILITY TO COMPANY, ANY END USER OR ANY THIRD PARTY FOR ANY FAILURE OF COMPANY, ANY END USER OR ANY OTHER CLINICIAN TO APPROPRIATELY RESPOND TO ANY SERVICE RESULTS. 9. BUSINESS ASSOCIATE AGREEMENT: EXECUTION OF THIS CONTRACT WILL ALSO RESULT IN EXECUTION OF THE ATTACHED BUSINESS ASSOCIATE AGREEMENT AND THE TERMS INCLUDED THERE. 10. Company is a public agency subject to Chapter 119, Florida Statutes. Luminare shall comply with Florida's Public Records Law. Specifically, the Luminare shall: (1) Keep and maintain public records required by the Company to perform the service. (2) Upon request from the Company's Custodian of Public Records, provide the Company 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 Chapter 119 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 Luminare does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the Company all public records in possession of Luminare or keep and maintain public records required by the Company to perform the service. If Luminare transfers all public records to the Company upon completion of the contract, the Luminare shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Luminare keeps and maintains public records upon completion of the contract, Luminare shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Company, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the Company. (5). IF THE LUMINARE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO LUMINARE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(aircgov.com Indian River County Office of the County Attorney //a 180127th Street Vero Beach, FL 32960 (6). Failure of Luminare to comply with these requirements shall be a material breach of this Agreement. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas exclusively, excluding its conflicts of laws principles. Both the Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods (1980) are excluded in their entirety from application to this Agreement. The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts for Austin, Texas, for all claims arising out of or relating to this Agreement or the Company's use of the Service. Notwithstanding any law, rule or regulation to the contrary, the Company agrees that any claim or cause of action it may have arising out of this Agreement or the Company's use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 12. Clean Air Act: (1) Luminare agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Company and understands and agrees that the Company will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) Luminare agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 13. Federal Water Pollution Control Act: (1) Luminare agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) Luminare agrees to report each violation to the Company and understands and agrees that the Company will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) Luminare agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 14. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Luminare is required to verify that none of Luminare, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) Luminare must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Company. If it is later determined that Luminare did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Company, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 15. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall 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 recipient who in turn will forward the certification(s) to the awarding agency. 16. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, Luminare shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, hltps•//www epa gov/smm/comprehensive-procurement-guideline- og-prop am. (3) Luminare also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 17. Access to Records: The following access to records requirements apply to this contract: (1) Luminare agrees to provide Company, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Luminare which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Luminare agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Luminare agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the Company and Luminare acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 18. DHS Seal, Logo, and Flags: Luminare shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. 19. M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the /9- contract. Luminare will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 20. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 21. Program Fraud and False or Fraudulent Statements or Related Acts: Luminare acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. 22. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 23. 24. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter. Any additional or different terms in any purchase order or other response by the Company shall be deemed objected to by Luminare without need of further notice of objection, and shall be of no effect or in any way binding upon Luminare. 25. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same instrument. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, PDF) is considered an original. This Agreement may be changed only by a written document signed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Agreement. LUNIINARE INC. CLIENT: INDIAN RIVER COUNTY, FL 10 1q. Name: Sarna N. Velamuri, M.D. Name: Title: Chief Executive Officer Title: Attachments: BUSINESS ASSOCIATE AGREEMENT EXHIBIT A to Service Agreement Service Use Requirements; Service Specifications Part 1— Current Data Input and similar Technical Requirements Company shall provide or supply, as applicable, the following: Administrative oversight to ensure adequate overview of the use of the Luminare solution purchased in Exhibit B for the Company. Part 2 - Security Matters Concerning Use of Service Input Data will be supplied to Luminare either by Company or on Company's behalf. In addition, in order to access reports generated by the Service, Company will have access to certain Service web page(s). Company will be responsible for maintaining the security and confidentiality of all activity (i) to supply Input Data to the Service and (ii) to access reports generated for Company by the Service. Company will take reasonable steps, including no less than industry standard security measures, to prevent unauthorized use of the Service, and Company will immediately notify Luminare in writing of any unauthorized use of any of its users' login names or passwords of which such user, or other Company party, becomes aware. Luminare may suspend the Service (in whole or in part), including without limitation suspending access for certain previously authorized users, in the event of the potential or actual compromise or unauthorized use of the Service. Part 3 — Compliance with Applicable Law Each party agrees to comply with all applicable federal, state and local laws, orders, regulations and regulatory standards with respect to its respective obligations and performance under this Agreement and, in the case of Company, with respect to Company's use of the Service. Part 4 — Error Reporting Company will follow Luminare's reasonable procedures and instructions to report any errors and difficulties it encounters with regard to the Service so as to permit Luminare to recreate and evaluate same. Part 5 — Additional Restrictions on Company's Use of Service Company will not (a) use the Service or any documentation, know-how or other information received from Luminare or its representatives or licensors (the "Evaluation Materials' to create any similar application or service, (b) decompile, disassemble or otherwise reverse engineer any technology employed by the Service, or use any similar means to discover the source code or trade secrets embodied in the Service, or otherwise circumvent any technical measure that controls access to the Service or (c) permit any third party use the Service to do any of the foregoing. Except for the limited rights and licenses expressly granted in this Agreement, no other license is granted, no other use is permitted and Luminare and its licensors will retain all right, title and interest (including patents, copyrights, trade secrets and trademarks) in and to the Service, Evaluation Materials and any underlying intellectual property (acknowledging that none of the foregoing includes any Input Data). Company will not take any action inconsistent with such ownership. �I� EXHIBIT B to Service Agreement Fee Schedule and Product Services Solution Purchased: Luminare's Innoculate Covid Vaccine Management Solution Contract term: Initially 12 Month term with first 60 days trial period. Will be auto renewed for 12 month terms unless cancelled with 15 days notice. If this agreement is terminated for convenience of the customer no refunds will be issued. Total amount invoiced at time of signing contract: $10,000 (integration API fee) Remainder $140,000 due in 60 days if county decides to retain system. Rates are for use for the citizens of Kleberg County TX (geographic) location unless otherwise specified Services Rate Notes Innoculate Covid-19 License of for use to Vaccine Management $140,000 Innoculate the citizens of Solution (Annual) Indian River County, FL Standard support during Support Included working hours by email Protocol Vetting and Compliance Checking Included Pre -paid text bundle Texts above 10,000 will be. (10,000) .015 per text prebilled to company in $150.00 Included bundles of 10,000 Education Superuser training per session Included Web -based training is free. Set up fee Waived waived One API integration $10,000 $10,000 Additional API's will be billed Special Fees and comments: • Customization and/or special project work beyond reasonable scope may be charged at an hourly rate through December 31, 2022, with estimates provided for approval prior to proceeding. • Client agrees to be on Luminare website and reference calls BUSINESS ASSOCIATE AGREEMENT (FOR HIPAA) If a Customer is a Covered Entity or a Business Associate and includes Protected Health Information in Customer Data (as such terms are defined below), execution of a license agreement that includes Luminare's Terms of use ("Agreement") will incorporate the terms of this HIPAA Business Associate Agreement ("BAA") into that agreement. If there is any conflict between a provision in this BAA and a provision in the Agreement, this BAA will control. WHEREAS, Covered Entity and Business Associate have executed the Agreement pursuant to which Business Associate provides services (the "Agreement Services") for Covered Entity that may require Business Associate to access or create health information that is protected by state and/or federal law; WHEREAS, Business Associate and Covered Entity desire that Business Associate obtain access to such information in accordance with the terms specified herein; and NOW THEREFORE, in consideration of the mutual promises set forth in this BAA and other good and valuable consideration, the sufficiency and receipt of which are hereby severally acknowledged, the parties agree as follows: 1. Definitions. Unless otherwise specified in this BAA, all capitalized terms not otherwise defined shall have the meanings established in Title 45, Parts 160 and 164, of the United States Code of Federal Regulations, as amended from time to time, and/or in the American Recovery and Reinvestment Act of 2009 ("ARRA"). For purposes of clarification, the following terms shall have the definitions set forth below: 1.1 "Privacy Standards" shall mean the Standards for Privacy of Individually Identifiable Health Information asset forth in 45 C.F.R. Parts 160 and 164. 1.2 "Security Standards" shall mean the Security Standards for the Protection of Electronic Protected Health Information as set forth in 45 C.F.R. Parts 160 and 164. 2. Business Associate Obligations. Business Associate may receive from Covered Entity health information that is protected under applicable state and/or federal law, including without limitation, Protected Health Information ("PHI"). Business Associate agrees not to Use or Disclose (or permit the Use or Disclosure of) PHI in a manner that would violate the requirements of the Privacy Standards or the Security Standards if the PHI were used or disclosed by Covered Entity in the same manner. Business Associate shall use appropriate safeguards to prevent the Use or Disclosure of PHI other than as expressly permitted under this BAA. 3. Use of PHI. Business Associate may use PHI as necessary (i) for performing the Agreement Services, (ii) for the proper management and administration of the Business Associate, or (iii) for carrying out its legal responsibilities, provided in each case that such Uses are permitted under federal and state law. Covered Entity shall retain all rights in the PHI not granted herein. 4. Disclosure of PHI. Business Associate may Disclose PHI as necessary (i) to perform the Agreement Services, (ii) for the proper management and administration of the Business Associate, or (iii) to carry out its legal responsibilities, provided that either (a) the Disclosure is Required by Law or (b) the Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the information will be held confidential and further Used and Disclosed only as Required by Law or for the purpose for which it was Disclosed to the person, and such person agrees to immediately notify the Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. 5. Reports. Business Associate agrees to report to Covered Entity: 5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (5) days of the Business Associate becoming aware of such unauthorized Use or Disclosure; a3. 5.2 Any Security Incident within five (5) days of the Business Associate becoming aware of the Security Incident; and 5.3 Each report of a Breach of Unsecured PHI Discovered by Business Associate, to the extent Business Associate accesses, maintains, retains, modifies, records, stores, destroys or otherwise holds, Uses or Discloses Unsecured PHI, unless delayed for law enforcement purposes, shall be made without delay and in no case later than thirty (30) calendar days after Discovery of the Breach, and shall include the identification of each Individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired or Disclosed during such Breach. Notwithstanding anything herein to the contrary, the provisions of this Section 5.3 shall only be applicable to Breaches that are Discovered on or after the date that is thirty (30) days after the date of publication of interim final regulations promulgated by the Secretary that address notifications of Breaches of Unsecured PHI. 5.4 Business Associate agrees to indemnify and hold harmless, Covered Entity, its Officers, directors, shareholders, agents, and employees against all liability claims, damages, suits, demands, expenses, and civil monetary penalties (including but not limited to, court costs and reasonable attorneys' fees) of every kind arising out of the negligent errors and omissions or willful misconduct of Business Associate, its agents, servants, employees and independent contractors (excluding Covered Entity) in the performance of or conduct relating to this Section 5. 6. Agents and Subcontractors. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor (collectively, "Recipients"), Business Associate shall require Recipients to agree in writing to the same restrictions and conditions that apply to the Business Associate under this BAA. Individual Rights to Access and Amendment. 7.1 Access. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate shall permit an Individual to inspect or copy PHI contained in that set about the Individual in accordance with the Privacy Standards set forth in 45 C.F.R. § 164.524, as it may be amended from time to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.524, as determined by the Covered Entity. In the event a Business Associate uses or maintains an Electronic Health Record on behalf of Covered Entity, then, as of the date required by ARRA, an Individual's right of access under 45 C.F.R. § 164.524 shall include the right to obtain a copy of the PHI in an electronic format and, if the Individual chooses in a clear, conspicuous and specific manner, to direct the Business Associate to transmit such copy to any person designated by the Individual. Business Associate shall respond to any request from Covered Entity for access by an Individual within five (5) days of such request unless otherwise agreed to by Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format, or in summary, if the Individual has agreed in advance to accept the information in summary form. A reasonable, cost based fee may be charged for copying PHI or providing a summary of PHI in accordance with 45 C.F.R. § 164.524(c)(4), provided that any such fee relating to a copy or summary of PHI provided in an electronic form may not be greater than the labor costs incurred in response to the request for the copy or summary. 7.2 Amendment. Business Associate shall accommodate an Individual's right to amend PHI or a record about the Individual in a Designated Record Set in accordance with the Privacy Standards set forth at 45 C.F.R. § 164.526, as it may be amended from time to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.526, as determined by the Covered Entity. Covered Entity shall determine whether a denial to an amendment request is appropriate or an exception applies. Business Associate shall notify Covered Entity within five (5) days of receipt of any request for amendment by an Individual and shall make any amendment requested by Covered Entity within ten (10) days of such request. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set. 8. Accounting of Disclosures. 8.1 General Accounting Provisions. Business Associate shall make available to Covered Entity in response to a request from an Individual, information required for an accounting of Disclosures of PHI with respect to the Individual, in accordance with 45 C.F.R. § 164.528, as it may be amended from time to time, unless an exception to such Accounting exists under 45 C.F.R. § 164.528. Such Accounting is limited to Disclosures that were made in the six (6) years prior to the request and shall not include any Disclosures that were made prior to the compliance date of the Privacy Standards. Business Associate shall provide such information necessary to provide an accounting within thirty (30) days of Covered Entity's request. 8.2 Special Provisions for Disclosures made through an Electronic Health Record. As of the date required by ARRA, if Covered Entity uses or maintains an Electronic Health Record with respect to PHI and if Business Associate makes Disclosures of PHI for Treatment, Payment or Health Care Operations purposes through such Electronic Health A A/. Record, Business Associate will provide an accounting of Disclosures that Covered Entity has determined were for Covered Entity's Treatment, Payment and/or Health Care Operations purposes to Individuals who request an accounting directly from Business Associate. Any accounting made pursuant to this Section 8.2 shall be limited to Disclosures made in the three (3) years prior to the Individual's request for the accounting. The content of the accounting shall be in accordance with 45 C.F.R. § 164.528, as it may be amended from time to time. 8.3 Fees for an Accounting. Any accounting provided under Section 8.1 or Section 8.2 must be provided without cost to the Individual or to Covered Entity if it is the first accounting requested by an Individual within any twelve (12) month period; however, a reasonable, cost based fee may be charged for subsequent accountings if Business Associate informs the Covered Entity and the Covered Entity informs the Individual in advance of the fee, and the Individual is afforded an opportunity to withdraw or modify the request. 9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is based upon an Individual's specific consent or authorization for the use of his or her PHI, and (i) the Individual revokes such consent or authorization in writing, (ii) the effective date of such authorization has expired, or (iii) the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, if it has notice of such revocation or invalidity, to cease the Use and Disclosure of any such Individual's PHI except to the extent it has relied on such Use or Disclosure, or where an exception under the Privacy Standards expressly applies. 10. Records and Audit. Business Associate shall make available to Covered Entity and to the Secretary or her agents, its internal practices, books, and records relating to the Use and Disclosure of PHI received from, or created or received by, Business Associate on behalf of Covered Entity for the purpose of determining Covered Entity's compliance with the Privacy Standards and the Security Standards or any other health oversight agency, in a timely a manner designated by Covered Entity or the Secretary. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity immediately upon receipt by Business Associate of any and all requests served upon Business Associate by or on behalf of any and all government authorities relating to PHI received from, or created or received by, Business Associate on behalf of Covered Entity. 11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its Notice of Privacy Practices ("Notice"), including any amendments to the Notice. Business Associate agrees that it will abide by any limitations set forth in the Notice, as it may be amended from time to time, of which it has knowledge. An amended Notice shall not affect permitted Uses and Disclosures on which Business Associate has relied prior to receipt of such Notice. 12. Secudly. Business Associate will (i) implement Administrative, Physical and Technical Safeguards that reasonably and appropriate protect the confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity; and (ii) ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate safeguards to protect such information. Further, as of the date required by ARRA, Business Associate shall comply with the standards and implementation specifications set forth in 45 C.F.R. §§ 164.308, 164.310, 164:312 and 164.316 with respect to such Administrative, Physical and Technical Safeguards. 13. Term and Termination. 13.1 This BAA shall commence on the effective date of the Agreement and shall remain in effect until terminated in accordance with the terms of this Section 13, provided, however, that any termination shall not affect the respective obligations or rights of the parties arising under this BAA prior to the effective date of termination, all of which shall continue in accordance with their terms. 13.2 Covered Entity shall have the right to terminate this BAA for any reason upon thirty (30) days written notice to Business Associate. 13.3 Covered Entity, at its sole discretion, may immediately terminate this BAA and shall have no further obligations to Business Associate hereunder if any of the following events shall have occurred and be continuing: (i) Business Associate shall fail to observe or perform any material covenant or agreement contained in this BAA for ten (10) days after written notice thereof has been given to Business Associate by Covered Entity; or (ii) A violation by Business Associate of any provision of the Privacy Standards, Security Standards, or other applicable federal or state privacy law. 13.4 Upon the termination of the Agreement, this BAA shall terminate simultaneously without additional notice. 13.5 Upon termination of this BAA for any reason, Business Associate agrees either to return to Covered Entity or to destroy all PHI received from Covered Entity or otherwise created through the performance of the ag' Agreement Services for Covered Entity, that is in the possession or control of Business Associate or its agents. In the case of information for which it is not feasible to "return or destroy," Business Associate shall continue to comply with the covenants in this BAA with respect to such PHI and shall comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment. Termination of this BAA shall be cause for Covered Entity to terminate the Agreement. 14. Compliance with Red Flag Policies. Covered Entity shall provide to Business Associate any policies and procedures adopted by the Covered Entity to detect, prevent and mitigate the risk of identity theft in accordance with the "Red Flag Rules" promulgated by the Federal Trade Commission, as well as any amendments to such policies and procedures. Business Associate agrees that it will abide by such policies and procedures, and any amendments to such policies and procedures of which it is aware, in rendering the Agreement Services to Covered Entity. 15. Miscellaneous. 15.1 Notice. Customer hereby agrees that any reports, notification or other notice by Luminare pursuant to this BAA may be made electronically. Customer shall provide contact information to support@luminaremed.com or such other location or method of updating contact information as Microsoft may specify from time to time and shall ensure that Customer's contact information remains up to date during the term of this BAA. Contact information must include name of individual(s) to be contacted, title of individual(s) to be contacted, em -mail address of individual(s) to be contacted, name of Customer organization and if available, either contract number or customer identification number. 15.2 Waiver. No provision of this BAA or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach. 15.3 Assignment. Neither party may assign (whether by operation or law or otherwise) any of its rights or delegate or subcontract any of its obligations under this BAA without the prior written consent of the other party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate. 15.4 Compliance with ARRA; Agreement to Amend BAA. The parties agree that it is their intention (i) to comply with the privacy and security provisions contained in Title XIII of ARRA and (ii) to incorporate those provisions into this BAA to the extent required by ARRA. The parties further agree to amend this BAA to the extent necessary to comply with state and federal laws, including without limitation, the Health Insurance Portability and Accountability Act of . 1996 ("HIPAA") and ARRA, and any regulations promulgated or other guidance issued pursuant to HIPAA and ARRA. 15.5 Entire Agreement. This BAA constitutes the complete agreement between Business Associate and Covered Entity relating to the matters specified in this BAA, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. In the event of any conflict between the terms of this BAA and the terms of the Agreement or any such later agreement(s), the terms of this BAA shall control unless the terms of such Agreement or later agreement comply with the Privacy Standards and the Security Standards. No oral modification or waiver of any of the provisions of this BAA shall be binding on either party. This BAA is for the benefit of, and shall be binding upon the parties, their affiliates and respective successors and assigns. No third party shall be considered a third party beneficiary under this BAA, nor shall any third party have any rights as a result of this BAA. 15.6 Governing Law. This BAA shall be governed by and interpreted in accordance with the laws of the State of Texas. Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 10:03 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Vaccine appointment The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Robert Farrell Email rfarr349@bellsouth.net Address 5556 40th Ave Phone 772-480-0875 Subject or Vaccine appointment Agenda Item Public The handling of the vaccine appointments is very disappointing. Trying to compete with hundred if not Comment thousands at one time is NOT working. Change the system the state's "patientportalfl.com. You register & the county will call you with the appt. More Info: Form Submission Time 1/25/2021 10:01:29 EST( -0500 GMT) Visitors IP 162.204.187.89 Unique ID d508487600ecO628bOec66aOdc5a9f98 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 a9. Terri Collins -Lister From: forms@ircgov.com _Sent: Monday, January 25, 2021 10:02 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Vaccine Appointments The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Charlotte Snedeker Email Charloftesnedeker@hotmail.com Address 2255 55th Sq., Vero Beach, FL Phone 7725388221 Subject or Vaccine Appointments Agenda Item Public Comment At exactly 9:30 this a.m.all appointsments, once again, were filled! Couldn't even get through. Phone line, either! IT IS EASIER TO CATCH THE VIRUS IN A SEALED BANK VAULT THAN TO GET A VACCINE APPOINTMENT THRU THE COUNTY!O More Info: Form Submission Time 1/25/2021 10:00:40 EST( -0500 GMT) Visitors IP 65.34.167.179 Unique ID Oc9e54df21f1a920cd61e603b11c3c01 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- i Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 9:42 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - vaccinations The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name john colgan Email johncolgan@bellsouth.net Address 6345 Oxford Circle Phone 17726331487 Subject or Agenda Item vaccinations Public Comment this system sucks and you guys are incompetent More Info: Form Submission Time 1/25/2021 09:40:10 EST( -0500 GMT) Visitors IP 134.56.157.20 Unique ID d973dcd8960676536563ab333111c555 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 9:22 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Vaccine wait list The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Doreen Lynch Email dalynch333@yahoo.com Address 1534 DeWitt Ln Phone 7722171371 Subject or Vaccine wait list Agenda Item Public There should be a special vaccine day for citizens aged 80 plus. This is the age group with the most Comment deaths. Also, these citizens are having the most trouble signing up. Many of us are not the most computer literate, plus we usually have stiff hands and fingers which makies it more difficult to sign up. More Info: Form Submission Time 1/25/2021 09:20:46 EST( -0500 GMT) Visitors IP 99.105.47.29 Unique ID 6356d39e7860eba93145df29b532f464 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- (30. Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 6:42 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - COVID VACCINE The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name BOB GALBRAITH Email BOBGAL@USA.NET Address 1276 SCARLET OAK CIRCLE, VB 32966 Phone 7723424479 Subject or COVID VACCINE Agenda Item Public Administer the vaccine to smaller age brackets so as to minimize the frustration to people unable to Comment schedule an appointment. Example: Inoculate everyone 85 years old and above. As that demographic is finishing then expand to 80 and up, then 75+, etc. You can still overlap first and second shots, but at least you have more control, and, more availability for that specific age range. More Info: Form Submission Time 1/25/2021 06:40:40 EST( -0500 GMT) Visitors IP 73.205.125.158 Unique ID 13bb9a861c6b74bfff878c33d9fOf75f --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 3/• Terri Collins -Lister From: forms@ircgov.com Sent: Sunday, January 24, 2021 8:45 PM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Wait list for COVID vaccination The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Vicky Gray Email vickygray09@comcast.net Address 386 11th SQ SW Vero Beach, FL 32962 Phone 3025195838 Subject or Agenda Wait list for COVID vaccination Item Public Comment This county just has little appreciation for its citizens. We desperately need a wait list for the county. Other counties have it. We do not have any place else to go. No Publix, Walgreens or CVS or Wal mart. Please have some compassion for you Senior citizens. More Info: Form Submission Time 1/24/2021 20:42:52 EST( -0500 GMT) Visitors IP 73.204.125.111 Unique ID cd80f04b9878df10682b1ecfbaef7bb2 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 3A. Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 6:57 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Covid The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Bob Hemhauser Email happy10@sc.rr.com Address 538 drawdy way Phone 7725595536 Subject or Agenda Item Covid Public Comment A wait list is needed. It's been a disaster so far to try to get a shot. Your tech system cannot handle the 930 trying to get it. The system was going to fail and you all knew it. The administrator should have been able to tell you that but he's another story More Info: Form Submission Time 1/25/2021 06:55:13 EST( -0500 GMT) Visitors IP 99.181.16.251 Unique ID eb8bd80cc222dbcd06d6cf3f5559cf57 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 33. Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 8:29 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - Wait list for vaccine The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Barbara Condon & Terry Condon Email b.condon32@gmail.com Address 5549 51 STAVE Phone 8432430030 Subject or Wait list for vaccine Agenda Item Public . We strongly support that a wait list option be available ASAP. Current system of trying to call in at the Comment same time as thousands of others is not working. If the cost of this would be covered by the Cares Act, it's a no brainer, as it would reduce stress & frustration for all attempting to get an appointment, and would certainly lessen the grief & criticism you all are receiving. Thank you, Barbara & Terry Condon More Info: Form Submission Time 1/25/2021 08:27:04 EST( -0500 GMT) Visitors IP 162.204.187.122 Unique ID 053ba59608bc912f0702e5fOdc20829a --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 3//- Terri Collins -Lister From: forms@ircgov.com Sent: Monday, January 25, 2021 8:53 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - waitlist for vaccine The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name elaine dorothy heeren Email heerenbe@hotmail.com Address 6256 coverty place Phone 7724103358 Subject or Agenda Item waitlist for vaccine Public Comment Yes, to waitlist. Current system is sheer chaos. More Info: Form Submission Time 1/25/2021 08:51:05 EST( -0500 GMT) Visitors IP 134.56.157.91 Unique ID 5f082b07b18adOf943917b48e2b1962d --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1