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Plan # 803550 <br />4. Employer Representations and Warranties <br />Employer represents and warrants to ICMA-RC that: <br />(a) Employer is organized in the form and manner recited in the opening paragraph of this <br />Agreement with full power and authority to enter into and perform its obligations under <br />this Agreement and to act for the Plan and participants in the manner contemplated in this <br />Agreement. Execution, delivery, and performance of this Agreement will not conflict <br />with any law, rule, regulation or contract by which the Employer is bound or to which it <br />is a party. <br />(b) Information required to be retained by the Employer shall be set forth in the RHS plan <br />materials developed by ICMA-RC and provided to the Employer. <br />(c) Employer is responsible for determining that there are no state or local laws that would <br />prohibit it from establishing ICMA-RC's VantageCare RHS program. Employer is also <br />responsible for determining that the investments selected for the RHS plan fall within <br />state or local requirements. ICMA-RC shall not be responsible for monitoring state or <br />local law or for administering the Plan in compliance with local or state requirements <br />unless Employer notifies ICMA-RC of any such local or state requirements. <br />(d) Employer acknowledges that the RHS plan may be treated as a "health plan" for Health <br />Insurance Portability and Accountability Act ("HIPAA") purposes and therefore may be <br />subject to HIPAA privacy rules. If it is determined that the RHS plan is considered a <br />"health plan", an employer sponsoring RHS would be responsible for complying with the <br />HIPAA privacy and security rules regarding protected health information of RHS plan <br />participants. <br />(e) Employer acknowledges that certain such services to be performed by ICMA-RC under <br />this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one <br />or more other contractual arrangements or relationships, and that ICMA-RC reserves the <br />right to change vendors with which it has contracted to provide services in connection <br />with this Agreement without prior notice to Employer. <br />(f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility <br />with respect to the selection or retention of the Plan's investment options. Employer <br />shall have exclusive responsibility for the selection and retention of the Plan's investment <br />options, including the selection of the applicable mutual fund share class. <br />5. Participation in Certain Proceedings <br />The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join <br />the Employer as a necessary party in all legal proceedings involving the garnishment of benefits <br />or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies <br />ICMA-RC otherwise, Employer authorizes ICMA-RC to determine whether disbursement of <br />