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JOINT POWERS AGREEMENT FOR PURCHASING RESOLUTION OF ACKNOWLEDGMENT WHEREAS various counties of North Dakota have entered into a Joint Powers Agreement for the centralized and coordinated acquisition and deliver7 of essential and optional services by participating member counties (hereafter referred to as the "Master JPA"); AND WHEREAS, the undersigned county ("County") is a participating member of such Master JPA; AND WHEREAS, the North Dakota Association of Counties (NDACo), has secured the joint acquisition of the service described below on behalf of those participating members of such Master JPA; AND WHEREAS, the County has determined that the joint acquisition of this specific service is in its best interests; SERVICE PURCHASED: FEDERAL HIPAA COMPLIANCE COORDINATION NOW THEREFORE, it is hereby RESOLVED: That the County acknowledges and approves the services of NDACo on behaJf of the County, through the Master JPA, for the purpose of assisting and advising the County regarding their requirements under the federal Health Insurance Portability and Accountability Act (HIPAA). That NDACo will hire and secure training for a staff person to serve as HIPAA Coordinator for all participating counties. Additionally, NDACo shall provide needed office and meeting mom space, computer and office furniture, staff and legal support, travel expenses, and supplies for the coordinator to work effectively. That NDACo will submit billings for costs associated with this coordination effort to the ND Department of Human Services for the maximum reimbursement possible, and the balance of the costs will be billed to ail participating counties on a quarterly basis. The counties' costs will be allocated to individual counties based upon a formula using two factors in equal shares. The factors are each county's proportionate share of total population (2000 Census) and each county's proportionate share of the HCRS caseload (most recent calendar year total). That NDACo's will prepare an annual budget allocation for this effort and provide it to the counties prior to August of each year. The county allocations for the final seven months of 2002 are included on the attached schedule. The County or NDACo may rescind this acknowledgment without terminating the Master JPA, if the service is no longer in the best interests of the County individually or the members of the Master JPA collectively, with 30 days written notice to the other party. NDACo will do everything possible to enable participating counties to meet the federal HIPAA requirements, however, due to the nature of HIPAA compliance, no guarantees, warranties or promises of any kind, either express or implied, regarding outcomes or results and the capabilities of NDACo, is or have been made to the County by NDACo or its members, employees, officers, agents or representatives. Dated this day of ,2002. COUNTY (The 'County' herein) By: County Comm~sion Chair Attest: County Auditor