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Bose McKinney & Evans/HR Appropriation No. 1201,400 C"` E/4`-7-44 )IDaoa a� P. 0. No. •11659 Contract Not To Exceed $950.00 BOSE MclaNNEY W. James Hamilton 4JN Li E LLP Downtown Office & `/1�1. A\J Direct Dial(317)684-5419 Direct Fax(317)223-0419 ATTORNEYS AT LAW E-Mail:)Hamilton@boselaw.com APPAONED AS TO PORM EN , September 11, 2003 V Douglas C. Haney City Attorney City of Carmel One Civic Square, Second Floor Carmel, IN 46032 Re: HIPAA Privacy Compliance Package Dear Doug: Thank you for your interest in the Bose McKinney & Evans HIPAA Privacy Compliance Package (the "HIPAA Package"). The HIPAA Package includes template documents and training designed to assist your entity to bring its group health plans into compliance with the Privacy Rule set forth in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). This letter sets forth a description of the documents and services that we will provide in connection with the HIPAA Package, as well as a discussion of your obligations. The HIPAA Package includes the following template documents: HIPAA policies and procedures, business associate addendum, notice of privacy practices, amendment to plan document, certification by plan sponsor, authorization for release of information, documentation of affiliated covered entity and form letters to participants. These documents do not constitute specific legal advice and may not address all developments relevant to your particular situation. These template documents are samples only and should not be used "as is" for any purpose. Rather, using these documents as a starting point, you should work with an attorney experienced in HIPAA Privacy issues as necessary to develop individually tailored documents for your specific situation. The HIPAA Package documents were developed by Bose McKinney & Evans and are protected by copyright. By signing this letter, you are accepting a perpetual nonexclusive limited license to use and reproduce the documents and to prepare, use and reproduce revisions (subject to the disclaimer in the preceding paragraph) only in connection with your own group health plan(s). Without our express written consent and except as required by applicable law or court order, you are not permitted to display, reproduce, transfer or otherwise distribute these documents, or any revisions of these documents, by any means to any third party, nor may you authorize any third party to display, use, reproduce, revise or distribute any of Downtown • 2700 First Indiana Plaza • 135 North Pennsylvania Street • Indianapolis,Indiana 46204 • (317)684-5000 • Fax(317)684-5173 North Office • 600 East 96th Street • Suite 500 • Indianapolis,Indiana 46240 • (317)684-5300 • Fax(317)684-5316 www.boselaw.com BOSE McKINNEY &EVANS a ATTORNEYS AT LAW City of Carmel September 11, 2003 Page Two these documents or any revisions. We reserve all rights, title and interests not specifically transferred by this license and we reserve the right to enforce our copyright in the event of unauthorized reproduction, distribution or use. Notwithstanding the foregoing, this limited license permits you to use, reproduce and distribute copies of the Business Associate Addendum, and any revisions, to your staff, City officers and officials and business associates and to use, reproduce and distribute copies of the authorization, notice or privacy practices and sample letters, and any revisions, to your group health plan participants. The HIPAA Package also includes two hours of on-site HIPAA Privacy training by a Bose McKinney & Evans attorney experienced in HIPAA Privacy issues for employers located within 50 miles of downtown Indianapolis, Indiana. The purchase price of the HIPAA Package is $950.00. Please make your check or money order payable to Bose McKinney & Evans LLP. Please note that the HIPAA Package is designed for your group health plans only; if your municipality maintains an ambulance service or has any other HIPAA provider issues, these issues will need to be addressed separately. In the event that you request or require additional assistance beyond what is specifically provided by the HIPAA Package as set forth above, our services will be billed at hourly rates for the legal personnel performing the services. My current rate for this matter is $195.00 per hour; however, I would anticipate using the assistance of other attorneys within my office and their hourly rates may be more or less than my own. However, the City will be charged only for the higher, hourly rated attorney involved in intra-office conferences or conversations regarding City issues. In addition to hourly fees, you will be responsible for disbursements, expenses, costs and charges incurred on your behalf and with your consent, including but not limited to, long distance telephone expense, outgoing long distance facsimile charges (currently $1.00 per page), travel (mileage at $0.36 per mile), photocopying ($0.10 per page), and computerized research. Our general practice will be to send you each month an itemized statement of services rendered and disbursements made during the preceding month to keep you posted on what expenses have occurred. These statements are generally payable within 30 days after invoice receipt date and prompt payment within this time period is a condition of our continued representation. You have the right to terminate our assistance at any time. We may also terminate for any reason consistent with the Rules of Professional Conduct. BOSE MCKINNEY &EVANS LIT ATTORNEYS AT LAW City of Carmel September 11, 2003 Page Three If you have any questions or concerns about this letter or about our services, fees or statements rendered hereafter, please contact me. If you would like to purchase our HIPAA Package, please sign the enclosed copy of this letter to confirm your agreement to these terms. Again, thank you for allowing Bose McKinney & Evans and me to submit a proposal to provide HIPAA Privacy services. Sincerely, W. J es Hamilton ACCEPTED AND AGREED TO THIS DAY OF , 2003. CITY OF CARMEL By: Douglas C. Haney 484955v2 f }in Approved and adopted this \-' day of ' 4?itibe( , 2003. l CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: l J Brainard, esid' g Officer Date: ,Cl%�O �p_ Mary ur,Ice, Member Date: /1 — D.3 �-- Lori S(Watson tuber Date: Y"/e5ye-, ATTEST: ycSX7 /44 ana L. Crdray, IAMC, Clerk-Treasurer Date: II ,.. �) i