Laserfiche WebLink
2 <br /> 2. Relationship of Parties. <br /> (a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree <br /> that HMA is acting solely in a ministerial capacity in performing its duties and <br /> obligations under this Agreement and shall have no discretionary authority or <br /> responsibility with respect to the administration of the Plan. HMA shall have no <br /> power to interpret ambiguities or conflicts that may exist in any provision of the <br /> Plan, but shall abide by the decisions of the Plan Administrator on all questions <br /> of substance and procedure respecting the Plan. HMA does not insure nor <br /> underwrite the liability of the Plan Sponsor under the Plan and shall have no <br /> financial risk or liability with respect to the provision of benefits under the Plan. <br /> (b) Plan Administrator and Named Fiduciary. The parties agree that the City <br /> is, and shall at all times remain, the Administrator and the Named Fiduciary. The <br /> Plan Administrator shall oversee the administration of the Plan and be <br /> responsible for complying with all reporting and disclosure requirements; shall <br /> have the exclusive right to interpret the terms of the Plan and to determine <br /> eligibility for coverage and benefits, which determination shall be conclusive and <br /> binding on all persons; and shall have final authority with respect to approval or <br /> disapproval of any disputed or doubtful claim. <br /> HMA is not a fiduciary with respect to this engagement and shall not exercise <br /> any discretionary authority or control over the management or administration of <br /> the Plan, or the management or disposition of the Plan's assets. HMA shall limit <br /> its activities to carrying out ministerial acts of notifying Plan Participants and <br /> making benefit payments as required by the. Plan. Any matters for which <br /> discretion is required, including, but not limited to, decisions on claims and <br /> appeals of denied claims, shall be referred by HMA to the Plan Administrator, and <br /> HMA shall take direction from the Plan Administrator in all such matters. HMA <br /> shall not be responsible for advising the Plan Administrator with respect to its <br /> fiduciary responsibilities under the Plan nor for making any recommendations <br /> with respect to the investment of Plan assets. HMA may rely on all information <br /> provided to it by the City, as well as the Plan's other vendors. HMA shall not be <br /> responsible for determining the existence of Plan assets. <br /> (c) Independent Contractor Relationship. Notwithstanding anything express or <br /> implied in this Agreement to the contrary, the parties acknowledge and agree <br /> that HMA is acting as an independent contractor, and for all purposes shall be <br /> deemed to be an independent contractor in performing its duties,and fulfilling its <br /> obligations, under this Agreement. Neither HMA, nor any individual performing <br /> services on its behalf, shall be considered or construed to be an employee of <br /> Plan Sponsor for any purpose whatsoever. <br /> 3. Administrative Services to be Provided by HMA. <br /> (a) Administration and Claims Processing Services. HMA shall provide the <br /> administrative and claims processing services set forth on Exhibit B, which is <br /> attached hereto and made a part hereof, during the term of this Agreement. <br /> (b) Other Administrative Services Available. HMA offers various other services, <br /> and performs various other ministerial functions, for plan sponsors in connection <br /> with the administration of employee health benefit plans. If the Plan <br /> Administrator subsequently requests additional services from HMA, and HMA <br /> HMA,Inc.TPA Agreement Page 2 8910-021910 <br /> 13 <br />