2010-06-07_(2).pdf - 19318.8K - BridgeportCT.gov

CIGNA HealthCare Performance Guarantee Agreement
Customer Bridgeport City BOE
Effective Date July 1 2010
Account Number s involved in Performance Guarantee s 3213172
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CIGNA
summary ofand support for the party s
position Within thirty 30 days of the
request for Executive Review an employee
ofeach party with full authority to resolve
the dispute shall meet and attempt to resolve
the dispute
8 12 Ifthe Controversy has not been resolved
within thirty five 35 calendar days ofthe
request ofExecutive Review under Section
8 1 1 above the parties agree to mediate the
Controversy in accordance with the
following procedure Mediation The
Mediation shall be conducted in Bridgeport
Connecticut in front ofa neutral panel of
three 3 people one ofwhich shall be
selected by the Employer one ofwhich shall
be selected by Connecticut General and one
ofwhich shall be selected by mutual
agreement ofthe parties Each party shall
assume its own costs and attorneys fees The
mediator s compensation and expenses of
the mediator and any administrative fees or
costs associated with the Mediation
proceeding shall be borne equally by the
parties
8 1 3 Ifthe Controversy has not been resolved by
Executive Review or Mediation the
Controversy shall be settled exclusively by
binding arbitration The arbitration shall be
conducted in the same location as noted in
Section 8 1 2 above in accordance with the
American Health Lawyers Association
Alternative Dispute Resolution Service
Rules ofProcedure for Arbitration The
arbitration shall be binding on the parties to
the Agreement and on any respective
affiliates which joined the arbitration
arbitrators decision shall be final
The
conclusive and binding and no action at law
or in equity may be instituted by either party
other than to enforce the arbitrators award
Judgment on the award rendered by the
arbitrators may be entered in any court
having jurisdiction thereof Each party shall
assume its own costs and attorneys fees
arbitrators compensation and expenses
and
any administrative fees or costs associated
with the arbitration proceeding shall be
borne equally by the Parties
The
8 14 This provision shall survive the termination
Section 9
ofthis Agreement
Third Party Beneficiaries
This Agreement is for the benefit of Employer and
Connecticut General It shall not be construed to
create any legal relationship between Connecticut
General and any other party
Section 10
Asshmment and Subcontractinl
No assignment ofrights or interests hereunder
shall be binding unless approved in writing by a
duly authorized officer ofeach ofthe parties
Section 11
Nondisdosure
This Agreement the information Connecticut
General reports to Employer in connection with
this Agreement including the Performance
Guarantee Reports the Payment Amounts and the
Maximum Payment Amounts are proprietary and
confidential
Employer shall maintain the
confidentiality of this Agreement and any
information provided to Employer pursuant to this
Agreement and shall not disclose either this
Agreement nor said information to any other party
without the express written consent of Connecticut
General provided however that Employer may
disclose the terms of this Agreement if required
by law or court order
Should Employer receive
a court order to disclose Confidential
Information Employer agrees to provide
Connecticut General with immediate notice of
any request that it disclose Confidential
Information so that Connecticut General
may
object to the request andor seek an
appropriate
protective order Ifsuch notice is prohibited by
law Employer shall disclose the minimum
amount of Confidential Information required to
be disclosed under the applicable legal mandate
Section 12
Waivers
No course ofdealing or failure ofeither party to
strictly enforce any terro right or condition ofthis
OS 28 2010
2010 Performance Guarantee
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