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<br />.ð.~¿ ..ðJJ <br /> <br />ADMINISTRATIVE SERVICES AGREEMENT <br /> <br />3. <br /> <br />RESPONSIBILITIES OF THE CITY. <br /> <br />3.1 <br /> <br />PAYMENT. <br /> <br />The City will remit full payment to Flex-Plan of all billed costs and fees, pursuant to the <br />terms of section 2 hereof and any attached exhibits, within thirty days after delivery to the <br />City of the monthly administrative invoice. <br /> <br />3.2 <br /> <br />REPORTING. <br /> <br />The City shall report all new Participants, and all changes in employment or Participant <br />information, and all terminations of Participants from the Plan, and all unpaid Participant <br />leaves of absence, on the same day of each such occurrence. The City shall also verify <br />contribution information, all year to date information, and Participant annual elections for <br />each pay date. The City shall also confirm the Contribution Eligibility Worksheet data. In <br />the event that such occurrences are not timely reported or information not timely verified, <br />and in the event that there are disbursements made by Flex-Plan that would not have <br />been made if the occurrence had been timely reported, then the City shall be responsible <br />for such disbursements up to the annual election amount, and shall reimburse Flex-Plan <br />therefore upon request by Flex-Plan. The City shall be responsible for all Participant <br />deductions and Participant assets within its control, and shall apply those funds as <br />described herein. <br /> <br />3.3 <br /> <br />FUNDING. Terms are set forth in the attached Exhibit B. <br /> <br />3.4 <br /> <br />REPORT RECONCILIATION. <br /> <br />The City shall reconcile Flex-Plan's Contribution Eligibility Worksheet against payroll <br />deductions for each processing date. If the City cannot or does not perform this <br />responsibility, Flex-Plan may charge the rate described in the attached Exhibit A for <br />reconciling employer provided payroll reports, as further described in section 3.2 herein. <br /> <br />3.5 <br /> <br />ACTION ON DISCRIMINATORY PLAN. <br /> <br />The City shall initiate and timely complete appropriate action required in the event the <br />Plan(s) become discriminatory. <br /> <br />4. <br /> <br />ADVERTISING. <br /> <br />Flex-Plan may indicate in its marketing materials and proposals to other prospective customers <br />that this Agreement has been awarded, and may describe the nature and objective(s) of this <br />engagement. No such statements by, or materials of, Flex-Plan will disclose any The City <br />confidential or proprietary information. <br /> <br />5. <br /> <br />CONFIDENTIALITY. <br /> <br />Flex-Plan values business and respects The City's right to privacy. All The City data including, <br />but not limited to, all The City Participant information related to Participants' names, salaries, <br />wage information and healthcare expense data, are confidential and Flex-Plan covenants and <br />agrees that it will not, directly or indirectly, use or disclose confidential data except as otherwise <br />described herein, to Flex-Plan employees, on a need to know basis, as necessary to provide <br />services to the City and Participants as described herein. Further, Flex-Plan will maintain all <br />information, medical or otherwise, in compliance with all applicable statutes, codes, and <br />regulations, and as may be required by any governmental regulatory body or any duly constituted <br />court. <br /> <br />-3- <br /> <br />1371320.5 <br />