Professional Services Agreement - Infinisource - City's Flexible Spending Account

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If, at anytime, the amount of reimbursement benefits payable under the applicable plan exceeds the amount deposited by Employer in the Account, Employer shall transfer an amount necessary to the Account to fulfill its reimbursement obligations before any further reimbursement benefit payment is made. Employer shalt pay Infinisource an additional fee for each ACH transfer that fails due to any reason within Employer's control. Infinisource is under no obligation to advance funds on behalf of Employer. 6. COBRA Notification. Employer shall be responsible for complying with its obligation under the Consolidated Omnibus Budget Reconciliation Act (COBRA) with respect to the Plans. No assistance will be provided by Infinisource except to the extent set forth In a separate administrative service appendix attached and incorporated into the Agreement. 7. Execution of Documents. Employer shall ensure that the Plan Document is properly executed and shall provide a copy of the SPD to all Plan participants in accordance with applicable law. 8. Reviewing Reports. Employer is responsible for reviewing the reports submitted by Infinisource and notifying Infinisource of any errors of which it is aware within a reasonable period of time after reviewing them. 9. Positive Pay Tool. Employer Is responsible for cooperating with Infinlsource in setting up and maintaining all relevant information related to Positive Pay. 10. Additional Transportation Plan Solution. For the Code §132 Qualified Transportation Fringe Benefit Plan, Infinisource is making available to Employer an additional, online commuter benefit solution through an Infinisource vendor. If Employer requests this additional solution, Employer agrees to reimburse Infinisource the cost of the administrative fee that the vendor charges Infinisource. Infinisource Service Agreement - Electronic Payment Card Service Appendix Employer has asked Infinisource to assist it with its administrative obligations under one or more benefit plans ("the Plan") for which an electronic payment card (the "Card") is available. Infinisource has contracted with one or more third parties to make the "Card" available to Employer for use by Plan participants for the purpose of facilitating direct payment of eligible expenses under the Plan. This Service Appendix describes the rights and responsibilities of Infinisource and Employer with respect to use of the Card made available by Infinisource. The rights and obligations outlined below apply only to the extent chosen by Employer on the Fees and Consideration Appendix. This Service Appendix is incorporated into and made a part of the Service Agreement (the "Agreement"). The effective date of this Service Appendix is the effective date of the Agreement or if later, the effective date of the Fees and Consideration Appendix on which these services are chosen by Employer. The responsibilities of the parties set forth in this Service Appendix are in addition to any responsibilities set forth in the Agreement. If there is a conflict between this Service Appendix and the Agreement, the Agreement controls. A. Responsibilities of Infinisource 1. Infinisource will make the Card available to Employer and Plan participants at all times during the course of this Agreement except as otherwise set forth herein. Use of the Card will be subject to the terms of this Agreement and any cardholder agreement delivered with the Card. 2. Infinisource may engage the services of one or more third parties ("Third Party Service Provider") in order to comply with its obligation to provide the Card during the term of this Agreement. Infinisource agrees to ensure that any third party with whom Infinisource contracts to provide such services agrees to protect individually identifiable health information in the same manner that infinisource has as set forth in the HIPAA Confidentiality Appendix attached hereto. 3. Infinisource will provide administrative services to Employer and participants related to use of the Card, including activating and deactivating Cards, responding to participant inquiries and providing appropriate notices regarding Participant accounts and actions taken in relation thereto (in the same manner set forth in the Fringe Benefit Plan Administration Service Appendix). 4. Infinisource agrees to reasonably ensure compliance with proper use of the Card and take whatever action is necessary to investigate and resolve errors in Card transactions asserted by participants within ten (10) business days of receipt of notice. Infinisource will promptly cancel any Card reported to Infinisource as lost or stolen. However, Infinisource Is not responsible for costs and/or damages associated with lost or stolen Cards that are not properly reported as such bythe Plan participant. S. Infinisource or Third Party Service Provider will make available a noninterest bearing account into which Employer must deposit the Minimum Balance as set forth below. 6. Infinisource agrees to comply with applicable laws regarding handling and privacy of account and transaction information and to operate the Card program in accordance with published IRS guidance applicable to Card processing of eligible expenses. In accordance with the applicable guidance, the Card will be limited to certain merchants and merchant category codes. The purchase of items under a qualifying merchant category code does not necessarily indicate that the expense is an eligible expense (as defined in the Plan). If the Card is used to purchase an ineligible expense, Infinisource will make reasonable attempts to obtain repayment from the participant or Infinisource will attempt to offset the ineligible expense with future claims filed by the participant under the Plan; however, Infinisource is not liable to employer for any ineligible expenses not repaid by the participant or not offset by future claims to the extent such ineligible expense did not result from Infinisource negligence. 7. Infinisource will deactivate any Card upon notification by Employer of termination of employment or when Infintsource or the Third Party Service Provider determines in its sole discretion that the Card has been improperly used. 8. Infinisource and the Third Party Service Provider are not responsible for any errors that result from inaccurate and/or Incomplete data provided by Employer. B. Responsibilities of Employer 1. Employer acknowledges that any and all data or information necessaryto provide the Card program will reside on servers owned by or operated on behalf of Infinisource or its third party vendors. 2. Employer hereby grants to Infinisource and the Third Party Service Provider the right to receive, process and perform all required services in accordance with information and data that is submitted to Infinisource in order for Infinisource to provide the Card program. Employer further grants to Infinisource and the Third Party Service Provider the right to derive and use aggregate and statistical data from such information and data; however, any aggregate or statistical data arising from Protected Health Information as defined in the HIPAA Confidentiality Agreement will be de -identified. 3. Employer agrees to only use the participant website made available by Infinisource for its intended purposes, and will keep such website free from (i) any intellectual Property that contains profane graphics or text, (i1) advertisements for adult entertainment or escort services or (iii) any click -through to one or more websites that feature or otherwise contain adult entertainment or escort services. Employer acknowledges that all right, title and 0, ° IEri-.