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

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CIGNA HealthCare Performance Guarantee Agreement Customer Bridgeport City BOE Effective Date July 1 2010 Account Number s involved in Performance Guarantee s 3213172 II@ 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 Page 8
t J CIGNA HealthCare Performance Guarantee Agreement Customer Bridgeport City BOE Effective Date July 1 2010 RCIGNA Account Number s involved in Performance Guarantee s 321317 Agreement shall be construed as a waiver ofsuch delivered tenn in right or condition person Waiver by either party of delivered to an agent such as an any default shall not be overnight deemed a waiver of any default delivery service c electronically or d deposited in the United States mail postage prepaid and addressed as Section follows 13 Headin2s communications hereunder shall be in writing and shall be deemed to have been duly made when a To Connecticut Gem ral Article section or paragraph headings contained Connecticut General Life in thisAgreement are for reference Company purposes only 900 Cottage Grove and shall not affect the Rd meaning or interpretation Hartford CT 06152 ofthis Agreement Attention Jeremy Richard Underwriting Director Section 14 Survival To Employer Bridgeport City BOE Provisions contained in this Agreement that by their sense and context are intended to survive 45 Lyon Terrace Room 222 Bridgeport CT 0660 completion ofperformance termination or cancellation ofthis Agreement shall so survive Benefits Manager Section 15 CC Office ofthe City Attorney Force Majeure City Hall Annex 999 Broad Street Connecticut General shall not be liable for any Bridgeport CT 06604 failure to meet any ofthe obligations required under this Agreement where such failure to perfonn is due to any cause beyond the reasonable The address to which notices or communications control ofConnecticut General its may employees given by either party may be changed by officers or directors Such written contingencies notice include given by but party to the other are not limited to acts or omissions of pursuant to this Section any person or entity not employed or reasonably controlled by Connecticut General its Section 17 employees officers or directors acts ofGod fires wars Entire A2reement accidents labor disputes or shortages and Agreement constitutes governmental laws the ordinances Agreement rules or between the parties on regulations subject matter herein Any and all other Performance Guarantee Section 16 Notices Agreements between the parties if not already tenninated are terminated as ofthe Effective Date ofthis Agreement Except as otherwise provided all notices or other OS 28 2010 2010 Performance Guarantee Page 9
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AGENDA CITY COUNCIL MEETING MONDAY
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THE FOllOWING NAMED PERSONS HAVE RE
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And now they are planning on cuttin
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CITY COUNCIL MEETING Monday June 7
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102 09 Communication from Airport M
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73 09 Miscellaneous Matters Committ
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COUNCIL MEMBER BAKER MOVED TO WAIVE
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ADJOURNMENT COUNCIL MEMBER CURWEN M
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DRAFT CHARLES FEREIRA 235 CHURCH ST
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l AWARD BY STIPULATiON FOR FULL AND
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SEVENTEEN THOUSAND FIVE HUNDRED DOL
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IN VIEW OF THE FOREGOING We the und
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BILL FINCH Mayor CITY OF BRIDGEPORT
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B11L of 199r62 fO tl40 1994 02 1082
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1999 04226182 DAY DENEISE G 5 26 20
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2002 02 4924167 BANK LOCK SER vICE
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2003 02 6807922 SANTOS JEWELERS 4 2
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2004 02 6095256 SANTIAGO AUTO SALES
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2004 02 f572541 JAMES R 5AYBAltl AT
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2005 02 6097852 ESSENTIAL SERK JONE
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2005 02 7930901 TONYS TRANSPORTATIO
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2005 02 7949105 QUARLE5 VALERIA DB
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2006 02 6100179 LARRY SAMS SEAFOOD
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2006 02 7931532 WOLF JED OB OUT OF
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2006 02 7952815 JaHN J CAROLAN REAL
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2006 03 7468611 LOPEZ CLARITA 5 26
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2007 02 7932351 DOMACK RESTORATION
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2007 02 8316828 NELSON ELECTRIC OB
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2007 02 8711565 FISHERMAN BUYS HOUS
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2008 02 0040579 BCA CONTRACT ASSEMB
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2008 02 0042462 12 CONSl 1LTlNG OB
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II i CITY OF BRIDGEPORT OFFICE OF P
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2010-06-07_(2).pdf - 19318.8K - BridgeportCT.gov

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