Res 2016-077/approving an administrative services agreement with United Healthcare Services, Inc. for the provision of medical, pharmacy, dental, flexible spending accounts (fsa), retiree, online enrollment tool and cobra benefits administration in a tot

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United will stop payment on all checks that remain uncashed at the end of this period and Customer will request in writing to close the Bank Account and recover any funds remaining in it. United will provide bank statements and Bank Account reconciliation reports, including reports Customer needs for the purposes of performing escheat. Flexible Spending Account (FSA). United, on Customer's behalf, will open and maintain a bank account at the Bank to provide United the means to access Customer's funds for the sole purpose of payment of reimbursement of FSA Plan benefits, expenses and, when authorized by Customer, fees ( "FSA Bank Account "). The FSA Bank Account will be a part of the network of accounts that have been established at the Bank for United's self - funded customers. The funds in the FSA Bank Account are Customer's and will not be comingled with any other customer's funds or other United funds . Customer will maintain a minimum balance in the FSA Bank Account as United determines appropriate based upon Participant enrollment and projected benefit reimbursement requests. United will determine if circumstances warrant increasing this minimum balance, and will notify Customer if and when the required balance or the amount identified above changes. Every five (5) business day(s), Customer will transfer to the Bank Account the amount of funds which have been withdrawn from the Bank Account over the past five (5) business day(s). Customer will transfer that amount via ACH. This transfer will replenish Customer's balance in the Bank Account. Customer will initiate the fund transfers unless United determines that Customer's financial condition as of the Effective Date, as assessed by United, has deteriorated or Customer fails to comply with the material funding and financial obligations specified in this Agreement. If either condition occurs, Customer agrees to authorize United to initiate the transfers. The number of days between transfers and the method of transfer are based on Customer's financial condition as of the Effective Date as viewed by United, and Customer's compliance with material financial obligations. In the event United determines, based on reasonable information and belief, that Customer's financial condition has deteriorated, or Customer continues to fail to comply with material financial obligations set forth in this Agreement, United reserves the right to increase the frequency of such fund transfers and/ or change the method of transfer. Section A4 Medical Benefit Drug Rebate Payments Allocation and Payment of Rebates. From time to time, United or a subcontractor may negotiate with drug manufacturers regarding the payment of medical benefit Rebates on applicable prescription drug products dispensed to Participants under the Plan's medical benefit. Customer will receive 80% of the medical benefit Rebates United receives. United will retain the balance of such medical benefit Rebates as part of United's compensation. When United negotiates directly with drug manufacturers for the payment of medical benefit Rebates to United, United will pay Customer the agreed upon Rebates within thirty (30) calendar days of United's receipt of such Rebates from the drug manufacturer. If United is not able to make payment to Customer within thirty (30) calendar days, United will pay interest on such Rebates from the date of receipt until United makes payment to Customer, less approximately thirty (30) calendar days for processing. United will retain interest earned during this processing timeframe. United will pay medical benefit Rebates to Customer in the agreed upon amount no less than annually. Interest will be paid at the one month London Interbank Offered Rate (LIBOR) in effect on the first business day of each applicable month. Customer will only receive Customer's medical benefit Rebates to the extent that medical benefit Rebates are actually received by United. Thus, for example, if a government action or a major change in pharmaceutical industry practices prevents United from receiving medical benefit Rebates, the amount Customer receives may be reduced or eliminated. Customer agrees that during the term of this Agreement, neither Customer nor the Plan will negotiate or arrange or contract in any way for medical benefit Rebates on or the purchase of prescription drug products from any manufacturer under the Plan's medical benefit. If Customer or the Plan does, United may, without limiting United's right to other remedies, immediately terminate Customer's and Plan's entitlement to medical benefit Rebates (including forfeiture of any medical benefit Rebates earned but not paid). In addition, Customer agrees to reasonably cooperate with United in order to obtain medical benefit Rebates. Subcontractor Compensation. If a subcontractor is involved in negotiating with drug manufacturers regarding the payment of medical benefit Rebates, it may retain a portion of the gross amounts received from drug manufacturers in connection with such products. United will provide information on the amount, if any, retained by the subcontractor as compensation for its services, in advance of Customer's execution of this Agreement. In addition, United will provide Customer with thirty (30) calendar days advance notice of any material increase in or method for subcontractor 13