HomeMy WebLinkAboutAgr 2021-12-03 (Mission Square)
ADMINISTRATIVE SERVICES AGREEMENT
for
Town of Tiburon
Type: RHS
Account Number: 800297
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
MissionSquare Retirement Agreement 2 of 14
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of this day, (please enter date) ____________________
(herein referred to as the "Inception Date"), between The International City
Management Association Retirement Corporation doing business as
MissionSquare Retirement ("MissionSquare"), a nonprofit corporation organized
and existing under the laws of the State of Delaware; and the City of Tiburon
("Employer") a local governmental instrumentality organized and existing under
the laws of the State of California with an office at 1505 Tiburon Boulevard,
Tiburon, California 94920.
RECITALS
Employer acts as a public plan sponsor for a retiree health plan with
responsibility to obtain investment alternatives and services for employees
participating in that plan;
Employer desires to make the Retirement Health Savings (“RHS”) Program
provided by MissionSquare available to its employees through the Employer’s
integral part trust (“Trust”) and the Employer’s welfare benefits plan (“Plan”);
MissionSquare, or its wholly owned subsidiary, acts as investment adviser to
VantageTrust Company, LLC (“VTC”), the Trustee of VantageTrust II Multiple
Collective Investment Funds Trust (“VantageTrust II);
VantageTrust II is a group trust established and maintained in accordance with
New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue
Service Revenue Rulings 81-100 and 2011-1, which provides for the collective
investment and reinvestment of assets of certain tax-exempt, governmental
pension and profit sharing plans, and retiree welfare plans, and other eligible
investors;
VTC makes a series of separate funds (the “MSQ Funds Class S”) available
through VantageTrust II for the investment of plan assets as referenced in the
Declaration of Trust and Disclosure Memorandum (“Disclosure Materials”);
The MSQ Funds Class S are available only through adoption of VantageTrust II;
and
MissionSquare provides a complete offering of services to public employers for
the operation of employee retirement and retiree health savings plans
including, but not limited to, communications concerning investment
alternatives, account maintenance, account record-keeping, investment and tax
reporting, form processing, and benefit disbursement.
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
12/03/2021
Plan # 800297
MissionSquare Retirement Agreement 3 of 15
AGREEMENTS
1. Acceptance of RHS Program
Employer agrees to make the RHS Program provided by MissionSquare
available to its employees. The details of the RHS Program shall be as mutually
agreed between the Employer and MissionSquare, and in general shall be as set
forth in the RHS Program materials developed by MissionSquare and provided
to Employer. The RHS Program materials are hereby incorporated by reference
and made a part of this Agreement, except that Employer and MissionSquare
may from time to time mutually agree in writing to terms that vary from the RHS
Program materials. RHS Program materials shall include the VantageCare RHS
Employer Manual, available electronically through the plan sponsor website
upon adoption of the RHS Program.
2 Appointment of MissionSquare
Employer hereby appoints MissionSquare as the exclusive Recordkeeper for the
RHS Plan to perform all non-discretionary functions necessary for the
administration of the RHS Plan with respect to assets in the RHS Plan transferred
to its administration.
The functions to be performed by MissionSquare and its agents include:
(a) allocation in accordance with participant direction of individual accounts
to investment funds ("Funds") made available to Plan participants;
(b) maintenance of individual accounts for participants reflecting amounts
contributed, income, gain, or loss credited, and amounts disbursed as
benefits;
(c) provision of periodic reports to the Employer and participants of the
status of Plan investments and individual accounts;
(d) communication to participants of information regarding their rights and
elections under the Plan;
(e) disbursement of benefits as agent for the Employer in accordance with
terms of the Plan; and
(f) performance of tax withholding and reporting in conjunction with the
Employer for each RHS account.
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
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3. Employer Duty to Furnish Information
Employer agrees to furnish to MissionSquare on a timely basis such information
as is necessary for MissionSquare to carry out its responsibilities with respect to
the Plan, including information needed to allocate individual participant
accounts to Funds, and information as to the benefit eligibility and employment
status of participants, and participants’ ages, addresses, dependents, spouses
and other identifying information (including tax identification numbers).
Employer also agrees that it will notify MissionSquare in a timely manner
regarding changes in staff as it relates to various roles. This is to be completed
through the plan sponsor website. MissionSquare shall be entitled to rely upon
the accuracy of any information that is furnished to it by a responsible official of
the Employer or any information relating to an individual participant, spouse or
dependent that is furnished by such participant, spouse or dependent, and
MissionSquare shall not be responsible for any error arising from its reliance on
such information. MissionSquare will provide reports, statements and account
information to the Employer through the plan sponsor website.
4. MissionSquare Representations and Warranties
MissionSquare represents and warrants to Employer that:
(a) MissionSquare is a non-profit corporation with full power and authority to
enter into this Agreement and to perform its obligations under this
Agreement.
(b) MissionSquare is an investment adviser registered as such with the
Securities and Exchange Commission under the Investment Advisers Act
of 1940, as amended.
(c) MissionSquare will handle participant information in the manner
described in the Business Associate Agreement to be executed between
the Plan and MissionSquare, a form of which is provided as Exhibit A to
this Agreement.
5. Employer Representations and Warranties
Employer represents and warrants to MissionSquare that:
(a) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into
and perform its obligations under this Agreement and to act for the Plan
and participants in the manner contemplated in this Agreement.
Execution, delivery, and performance of this Agreement will not conflict
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with any law, rule, regulation or contract by which the Employer is bound
or to which it is a party.
(b) Information required to be retained by the Employer shall be set forth in
the RHS Program materials developed by MissionSquare and provided to
the Employer.
(c) Employer is required to send in contributions through the plan sponsor
website, the online plan administration tool provided by MissionSquare.
(d) Employer is responsible for determining that there are no state or local
laws that would prohibit it from establishing the RHS Program. Employer
is also responsible for determining that the investments selected for the
Plan fall within state or local requirements. MissionSquare shall not be
responsible for monitoring state or local law applicable to retirement
plans or for administering the Plan in compliance with local or state
requirements unless Employer notifies MissionSquare of any such local or
state requirements.
(e) Employer acknowledges that the RHS Plan is a “health plan” for Health
Insurance Portability and Accountability Act (“HIPAA”) purposes and
therefore is subject to HIPAA privacy rules. Employer also acknowledges
that the RHS Plan is a Health Reimbursement Arrangement, subject to
applicable provisions of the Affordable Care Act (“ACA”). An employer
sponsoring the Plan is responsible for complying with the HIPAA privacy
and security rules with respect to all protected health information
created, maintained, received, or transmitted in relation to the Plan and is
responsible for complying with the ACA.
(f) Employer acknowledges that certain such services to be performed by
MissionSquare under this Agreement may be performed by an affiliate or
agent of MissionSquare pursuant to one or more other contractual
arrangements or relationships, and that MissionSquare reserves the right
to change vendors with which it has contracted to provide services in
connection with this Agreement without prior notice to Employer.
(g) Employer acknowledges and agrees that MissionSquare does not assume
any responsibility with respect to the selection or retention of the Plan’s
investment options. Employer shall have exclusive responsibility for the
selection and retention of the Plan’s investment options, including the
selection of the applicable mutual fund share class.
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(h) Employer confirms that it has executed a Participation Agreement for
VantageTrust II and acknowledges that it has received the Disclosure
Materials.
6. Participation in Certain Proceedings
The Employer hereby authorizes MissionSquare to act as agent, to appear on its
behalf, and to join the Employer as a necessary party in all legal proceedings
regarding the Plan involving the garnishment of benefits or the transfer of
benefits pursuant to a medical child support order. Unless Employer notifies
MissionSquare otherwise, Employer authorizes MissionSquare to determine
whether disbursement of benefits to a spouse or child pursuant to a medical
child support order is appropriate.
7. Compensation and Payment
Absent an explicit agreement to the contrary between MissionSquare and
Employer, participant fees and expenses shall be payable from RHS assets, in
accordance with the requirements of the RHS Program as set forth below.
(a) Asset-based fees will be included in the daily unit value of each
MSQ Fund Class S, and no separate asset-based fees will be
assessed.
(b) A $ 25 annual account administration fee will be charged quarterly
to each Accountholder’s account.
(c) The account administration fee is subject to change with
appropriate prior notification.
(d) Compensation for Advisory and other Services to
MissionSquare Funds Class M. Employer acknowledges that
MissionSquare, including certain of its wholly owned subsidiaries,
receives compensation for advisory and other services furnished to
the MSQ Funds Class M, which are collective funds serving as the
underlying funds to certain MSQ Funds Class S.
8. Contribution Remittance
Employer understands that amounts contributed to the Plan are to be remitted
directly to Vantagepoint Transfer Agents in accordance with instructions
provided to Employer in the RHS Program materials and are not to be remitted
to MissionSquare. In the event that any check or wire transfer is incorrectly
labeled or transferred, MissionSquare will return it to Employer with proper
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
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MissionSquare Retirement Agreement 7 of 15
instructions.
9. Responsibility
(a) MissionSquare shall not be responsible for any acts or omissions of any
person with respect to the Plan, or its related Trust, other than
MissionSquare in connection with the administration or operation of the
Plan or its related Trust.
(b) The Employer understands that, as a general matter, the Internal Revenue
Service (“IRS”) may decline to rule on certain design features or provisions
that the Employer may request to have added to the RHS Program
materials. The Employer agrees to hold MissionSquare harmless in
connection with the addition and administration of any Plan feature or
provision requested by the Employer for which the IRS will not provide
express interpretive guidance.
10. Indemnification
Employer shall indemnify MissionSquare against, and hold MissionSquare
harmless from, any and all loss, damage, penalty, liability, cost, and expense,
including without limitation, reasonable attorney’s fees, that may be incurred by,
imposed upon, or asserted against MissionSquare by reason of any claim,
regulatory proceeding, or litigation arising from any act done or omitted to be
done by any individual or person with respect to the Plan or its related Trust,
excepting only any and all loss, damage, penalty, liability, cost or expense
resulting from MissionSquare’s negligence, bad faith, or willful misconduct.
11. Term
This Agreement shall be in effect for an initial term beginning on the Inception
Date and ending 5 years after the Inception Date. This Agreement will be
renewed automatically for each succeeding year unless written notice of
termination is provided by either party to the other no less than 60 days before
the end of such Agreement year. The Employer understands and acknowledges
that, in the event the Employer terminates this Agreement (or replaces the
MissionSquare PLUS Fund of VantageTrust II as an investment option in its
investment line-up), MissionSquare retains full discretion to release Plan assets
invested in the MissionSquare PLUS Fund in an orderly manner over a period of
up to 12 months from the date MissionSquare receives written notification from
the Employer that it has made a final and binding selection of a replacement for
MissionSquare as administrator of the Plan (or a replacement investment option
for the MissionSquare PLUS Fund).
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
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12. Amendments and Adjustments
(a) This Agreement may be amended by written instrument signed by the
parties.
(b) The parties agree that only an adjustment to compensation or
administrative and operational services under this Agreement may be
implemented by MissionSquare through a proposal to the Employer via
correspondence or the Employer Bulletin. The Employer will be given at
least 60 days to review the proposal before the effective date of the
adjustment. Such adjustment shall become effective unless, within the
60-day period, the Employer notifies MissionSquare in writing that it does
not accept such adjustment, in which event the parties will negotiate with
respect to the adjustment.
(c) No failure to exercise and no delay in exercising any right, remedy, power
or privilege hereunder shall operate as a waiver of such right, remedy,
power or privilege.
13. Notices
All notices required to be delivered under this Agreement shall be delivered
electronically, personally or by registered or certified mail, postage prepaid,
return receipt requested, to (i) Legal Department, ICMA Retirement
Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-
4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any
other address designated by the party to receive the same by written notice
similarly given.
14. Complete Agreement
This Agreement, with an executed Business Associate Agreement, shall
constitute the sole agreement between MissionSquare and Employer relating to
the object of this Agreement and correctly sets forth the complete rights, duties
and obligations of each party to the other as of its date. Any prior agreements,
promises, negotiations or representations, verbal or otherwise, not expressly set
forth in this Agreement are of no force and effect.
15. Governing Law
This agreement shall be governed by and construed in accordance with the laws
of the State of California, applicable to contracts made in that jurisdiction
without reference to its conflicts of laws provisions.
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
Plan # 800297
MissionSquare Retirement Agreement 9 of 15
In Witness Whereof, the parties hereto have executed this Agreement as of the
Inception Date first above written.
CITY OF TIBURON
By _____________________________
Signature / Date
By _____________________________
Name and Title (Please Print)
THE INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
CORPORATION doing business as
MISSIONSQUARE RETIREMENT
By _____________________________
Erica McFarquhar
Authorized Representative
Please return an executed copy of the Agreement to a Delivery Address, either:
(a) Via DocuSign
(b) Electronically to ClientContracts_ICMA-RC@missionsq.org
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
12/3/2021
Suzanne Creekmore Dir. of Admin Services
Plan # 800297
MissionSquare Retirement Agreement 10 of 15
Exhibit A
RHS HIPAA BUSINESS ASSOCIATE AGREEMENT FOR PLAN NUMBER 800297
This Business Associate Agreement (“BA Agreement”) supplements and is made part of
the Administrative Services Agreement entered into between City of Tiburon on behalf
of Plan Number 800297 (“Covered Entity” or “City of Tiburon RHS”) and The
International City Management Association Retirement Corporation doing business as
MissionSquare Retirement (“Business Associate”) on (please enter date)
, and is effective as of the effective date of the Administrative Services Agreement (the
“Effective Date”).
RECITALS
Covered Entity is a group health plan that reimburses medical expenses for eligible
participants, their spouses, and their dependents. Under the Health Information
Portability and Accountability Act of 1996 (“HIPAA”), Covered Entity is required to enter
into this BA Agreement to obtain satisfactory assurances that Business Associate will
appropriately safeguard all Protected Health Information (“PHI”), as defined herein, that
is created, maintained, received, or transmitted by Business Associate on behalf of
Covered Entity.
Business Associate is a record keeper providing administrative services to Covered
Entity. In general, Business Associate will not have access to information that would
traditionally be considered PHI because participant medical information used to
substantiate reimbursements is sent directly to and reviewed by a third-party claims
processor. The third-party claims processor has agreed to protect PHI that it creates,
maintains, receives, or transmits in a manner that is consistent with and as stringent as
the terms agreed to by Business Associate under this BA Agreement with respect to
information that could be considered PHI. Business Associate has access to information
that might be interpreted as PHI, including an individual’s participation in the plan,
reimbursement amounts, and the timing of reimbursements.
In consideration of the mutual promises below and the exchange of information
pursuant to this BA Agreement and in order to comply with all legal requirements for
the protection of this information, Covered Entity and Business Associate agree as
follows:
1. DEFINITIONS
a. The following terms used in this BA Agreement shall have the same meaning
as those terms are defined in the HIPAA Rules: Breach, Data Aggregations,
Designated Record Set, Disclosure, Health Care Operations, Minimum
Necessary, Notice of Privacy Practices, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
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b. “Administrative Services Agreement” refers to a separate agreement
outlining the services MissionSquare will provide to Covered Entity and the
terms and conditions governing the provision of such services. The
Administrative Services Agreement is made between MissionSquare and
City of Tiburon RHS or its sponsor, acting on behalf of City of Tiburon RHS.
c. “Business Associate” shall have the same meaning as the term “business
associate” at 45 CFR 160.103, and in reference to this BA Agreement shall
mean MissionSquare.
d. “Covered Entity” shall have the same meaning as the term “covered entity” at
45 CFR 160.103, and in reference this BA Agreement, shall mean City of
Tiburon RHS.
e. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
f. “Privacy Rule” shall mean the Privacy Standards and Implementation
Specifications at 45 CFR 170 and 164, Subparts A and E.
g. “Protected Health Information” (“PHI”) shall have the same meaning as the
term “protected health information” in 45 CFR § 160.103, limited to the
information created, received, maintained, or transmitted by Business
Associate from or on behalf of Covered Entity pursuant to this Agreement.
h. “Security Rule” shall mean the Security Standards and Implementation
Specifications at 45 CFR Parts 160 and 164, Subparts A and C.
2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Business Associate agrees to:
a. Not Use or Disclose PHI other than as permitted or required by this BA
Agreement or as required by law.
b. Use appropriate safeguards to prevent Use or Disclosure of PHI other than
as provided for by this BA Agreement, and comply with subpart C of 45 CFR
Part 164 with respect to electronic PHI in Business Associate’s custody or
control, to prevent Use or Disclosure of PHI other than as provided for by this
BA Agreement.
c. Report to Covered Entity any Use or Disclosure of PHI not provided for by
the BA Agreement of which it becomes aware not more than 60 calendar
days after Business Associate discovers such non-permitted Use or
Disclosure, including Breaches of Unsecured PHI as required at 45 CFR
164.410, and any Security Incident for which it becomes aware.
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d. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable,
ensure that any Subcontractors that create, receive, maintain, or transmit PHI
on behalf of the Business Associate agree to the same restrictions,
conditions, and requirements that apply to the Business Associate with
respect to such information.
e. Make available, within 30 calendar days of the request of Covered Entity, PHI
in a Designated Record Set in Business Associate’s custody or control, to
Covered Entity, or as Directed by Covered Entity, to an individual, so that
Covered Entity may meet its access obligations under 45 CFR § 164.524.
f. Make any amendment(s) to PHI in a Designated Record Set in Business
Associate’s custody or control as directed in writing by the Covered Entity
pursuant to 45 CFR 164.526 no later than 60 days after receipt of such
request, so that Covered Entity may meet its amendment obligations under
45 CFR 164.526.
g. Maintain and make available the information required to provide an
accounting of Disclosures to the Covered Entity as requested by Covered
Entity in writing and as necessary to satisfy the Covered Entity’s obligations
under 45 CFR 164.528.
h. Make its internal practices, books, and records, available to the Secretary for
purposes of determining compliance with the HIPAA Rules.
i. Not directly or indirectly receive remuneration in exchange of PHI.
j. Comply with the administrative simplification rules applicable to standard
transactions, if Business Associate conducts such transactions under the
electronic data interchange rules on behalf of Covered Entity.
k. To the extent the parties agree that Business Associate will carry out directly
one or more of Covered Entity’s obligations under the Privacy Rule, the
Business Associate will comply with the requirements of the Privacy Rule that
apply to the Covered Entity in the performance of such obligations.
3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
a. Business Associate may only Use or Disclose PHI as necessary to perform the
services set forth in the Administrative Services Agreement and as permitted
by this BA Agreement.
b. Business Associate may Use or Disclose PHI as required by law or to report
violations of law to appropriate Federal and State authorities, consistent with
45 CFR 164.502(j)(i).
c. Except as otherwise limited by this BA Agreement, Business Associate
agrees to make Uses and Disclosures and requests for PHI consistent with
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the Covered Entity’s Minimum Necessary policies and procedures when such
are provided by the Covered Entity to Business Associate.
d. Business Associate is authorized to de-identify information in accordance
with 45 CFR 164.514(a)-(c).
e. Business Associate may not Use or Disclose PHI in a manner that would
violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for
the specific Uses and Disclosures set forth below.
f. Business Associate may Use PHI for the proper management and
administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
g. Business Associate may provide Data Aggregation services relating to the
Health Care Operations of the Covered Entity.
4. OBLIGATIONS AND ACTIVITIES OF COVERED ENTITY
a. Covered Entity shall notify Business Associate of any limitations in the Notice
of Privacy Practices that Covered Entity provides to individuals pursuant to
45 CFR 164.520, to the extent that such limitation may affect Business
Associate’s Use or Disclosure of PHI.
b. Covered Entity shall notify Business Associate of any changes in, or
revocation of, the permission by an individual to Use or Disclose his or her
PHI, to the extent that such changes may affect Business Associate’s Use or
Disclosure of PHI.
c. Covered Entity shall notify Business Associate of any restrictions on the Use
or Disclosure of PHI that Covered Entity has agreed to or is required to abide
by under 45 CFR 164.522, to the extent that such restriction may affect
Business Associate’s Use or Disclosure of PHI.
d. Covered Entity shall not request Business Associate to Use or Disclose PHI in
any manner that would not be permissible under Subpart E of 45 CFR Part
164 if done by Covered Entity, except to the extent that Business Associate
will Use or Disclose PHI for Data Aggregation or management and
administration and legal responsibilities of the Business Associate.
e. Covered Entity shall notify Business Associate of any confidential
communication requests with which the Covered Entity has agreed to in
accordance with 45 CFR 164.522, to the extent such requests would affect
Business Associate’s Use or Disclosure of PHI.
5. TERM AND TERMINATION
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a. This BA Agreement shall be effective as of the Effective Date, and shall
terminate upon the termination of the Administrative Services Agreement,
subject to the provisions below regarding the return or destruction of PHI.
b. Business Associate authorizes termination of this BA Agreement by Covered
Entity, if Covered Entity determines Business Associate has violated a
material term of the BA Agreement, and Business Associate has not cured
the Breach or ended the violation, following written notice to the Business
Associate, within a reasonable period of time not to exceed any reasonable
cure period defined in the Administrative Services Agreement.
c. Upon termination of this BA Agreement for any reason, Business Associate,
with respect to PHI Received from Covered Entity, or created, maintained, or
received from Business Associate on behalf of Covered Entity, shall:
i. Retain only that PHI which is necessary for Business Associate to
continue its proper management and administration or to carry out its
legal responsibilities;
ii. Return to Covered Entity or, if agreed to by Covered Entity, destroy
the remaining PHI that the Business Associate still maintains in any
form;
iii. Continue to use appropriate safeguards and comply with Subpart C
of 45 CFR Part 164 with respect to electronic PHI to prevent Use or
Disclosure of the PHI, other than as provided for in this Section, for as
long as Business Associate retains PHI;
iv. Not Use or Disclose the PHI retained by Business Associate other than
for the purposes for which such PHI was retained and subject to the
same conditions set out at Paragraph 3(f);
v. Return to Covered Entity or, if agreed to Covered Entity, destroy the
PHI retained by Business Associate when it is no longer needed by
Business Associate for its proper management and administration or
to carry out its legal responsibilities;
vi. Notwithstanding any other provision of this BA Agreement, upon
termination, Business Associate may also transmit PHI to another
Business Associate of the Covered Entity upon the written request of
the Covered Entity.
d. The obligations of Business Associate under Section 5, Term and
Termination, shall survive the termination of this BA Agreement.
6. GENERAL PROVISIONS
a. A reference in this BA Agreement to a section in the HIPAA Rules means the
section as in effect or amended.
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b. The parties agree to take such action as is necessary to amend this BA
Agreement from time to time as is necessary for compliance with the
requirements of the HIPAA Rules and any other applicable laws.
c. Any ambiguity in this BA Agreement shall be interpreted to permit
compliance with the HIPAA rules.
d. Nothing in this BA Agreement shall be construed as creating any rights or
benefits to any third parties.
e. The invalidity and unenforceability of any provision of this BA Agreement
shall not affect the enforceability of any other provision of this BA Agreement
or the Administrative Services Agreement, which shall remain in full force
and effect.
f. All notices and communications required by this BA Agreement shall be in
writing. Such notices and communications shall be given in one of the
following forms: (i) by delivery in person, (ii) by a nationally recognized, next-
day courier service, (iii) by first-class, registered or certified mail, postage
prepaid, or (iv) by electronic mail to the address that each party specifies in
writing.
g. This BA Agreement and the Administrative Services Agreement constitute
the entire agreement between the parties with respect to its subject matter
and constitute and supersede all prior agreements, representations, and
understandings of the parties, written or oral, with regard to the same
subject matter.
CITY OF TIBURON RHS
By _____________________________
Signature / Date
_____________________________
Name and Title (Please Print)
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION doing business as MISSIONSQUARE RETIREMENT
By _____________________________
Erica McFarquhar
Authorized Representative
DocuSign Envelope ID: 94DEC0D2-946C-4290-8F82-4C498FF64EE1
Suzanne Creekmore
12/3/2021
Dir. of Admin Services