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DocuSign Envelope ID: CFCE3443-EF37-4FD4-8DCD-D85D559F77AE <br />pertaining toad min istrative services performed by the Contract <br />Administrative Firm during the Term of this Agreement and will provide <br />any and all requested documents in their possession. <br />9. The Contract Administrative Firm will respond to inquiries from the <br />Client and their Participants including, but not limited to, available <br />account balances, reimbursement request submission and appeals <br />procedures. The Contract Administrative Firm will not provide legal <br />advice. The Contract Administrative Firm will defer inquiries to the <br />Client if the Participant has indicated intent to involve legal <br />representation. <br />b. Client Responsibilities <br />i. In accordance with the terms and conditions of this Agreement, the Client <br />agrees to the following: <br />1. The Client Agrees that the Contract Administrative Firm is willing to <br />perform the services described in this Agreement, provided that the <br />Contract Administrative Firm shall not constitute or be deemed or <br />construed to constitute the Plan Administrator or Plan Sponsor with <br />respect to the Client's Spending Account Program or any component <br />thereof, within the meaning of ERISA § 3(16), to the extent applicable. <br />The Client agrees that this responsibility is, and remains, that of the <br />Client or its designee. <br />2. The Client shall administer the Reimbursement Program or appoint a <br />person or committee to administer the Program. <br />3. The Client agrees that, except as expressly set forth herein, the Contract <br />Administrative Firm shall not be a Fiduciary, as such term is defined in <br />ERISA § 3(21), of the Client's Spending Account Program or any <br />component thereof. The Client agrees that this responsibility is, and <br />remains, that of the Client. Further, the Client agrees that the Contract <br />Administrative Firm, at no time, holds plan funds or assets and acts <br />solely at the discretion of the employer. <br />4. The Client understands and acknowledges that the Contract <br />Administrative Firm is responsible only for providing services specifically <br />allocated to the Contract Administrative Firm in this Agreement, and <br />only with regard to the component reimbursement accounts that <br />together comprise the Client's Spending Account Program, as further <br />specified by the attached Exhibit B and in accordance with the RECITALS <br />to this Agreement. If the Client wishes to engage the Contract <br />Administrative Firm for additional services such request must be <br />presented in writing for the Contract Administrative Firm's review. If <br />such services are available, the Contract Administrative Firm will <br />J <br />IGDE <br />City of Santa Ana Spending Account Administrative Services Agreement <br />Client Initials: <br />PEPM17 <br />Page 6 <br />25A-8 <br />