I recommend that they do not touch. That element is a hot sumbitch. There is also an electrical line running through the middle of it. There will also be vibration during brewing that can wear both surfaces.
Not sure how big your HLT is, but I use 15.5 gallon kegs. I was able to mount the element low enough where the bottom of the herms clears the element it by about an inch. In the HLT you should fill it with enough water to keep the coils submerged, whether thats 5 gallons or 50 gallons. This is for temp stability. You will also need enough water for sparging plus some overage, while not exposing the element above the water level during the sparge. Any remaining water in the HLT after your brew day can be used either as hot water for rig cleaning and/or put back into 5 gallon water bottles for your next batch.