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

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

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Customer Name Bridgeport City BOE<br />

Administrative Services Only Agreement<br />

b<br />

Employer shall provide<br />

Connecticut General<br />

written notice of any modification or<br />

amendment to the Plan sufficiently in<br />

advance of any such change as to allow<br />

Connecticut General to<br />

implement the<br />

modification or amendment Employer and<br />

Connecticut General shall agree upon the<br />

manner and timing ofthe implementation<br />

subject to Connecticut General s system and<br />

operational capabilities<br />

c Modification ofConnecticut Generals duties<br />

shall be by mutual agreement The parties<br />

shall reflect such modification and any<br />

revised<br />

charges if applicable in a letter agreement<br />

which shall become part ofthis Agreement<br />

Section 9 Modification ofAl reement<br />

This Agreement constitutes the entire contract<br />

between the parties regarding the subject matter<br />

herein Except as otherwise provided herein the<br />

provisions ofthis Agreement shall control in the<br />

event ofa contlict with the terms of any<br />

other<br />

agreements No modification or amendment hereto<br />

shall be valid unless in writing and signed by an<br />

authorized person ofeach ofthe parties except<br />

thatmodification of fees pursuant to Section 8<br />

above may be made by written notice to Employer<br />

by Connecticut General IfEmployer pays<br />

such<br />

revised fees or fails to object to such revision in<br />

writing within thirty 30 days of receipt the<br />

Agreement shall be deemed modified to reflect the<br />

fees as communicated by Connecticut General<br />

Section 10 Laws Governinl Contract<br />

This Agreement shall be construed in<br />

accordance with the laws of the State of<br />

Connecticut without regard to contlict of law<br />

rules and both parties<br />

consent to the venue and<br />

jurisdiction of its courts in Fairfield County<br />

Section 11 Information in Connecticut<br />

Generals Processinl Systems<br />

Connecticut General may<br />

retain and use all Plan<br />

related claim and Plan Benefit payment<br />

information recorded for or otherwise integrated<br />

into Connecticut General s business records<br />

including claim processing systems during the<br />

ordinary course of business provided however<br />

that claim or payment information will be<br />

available to<br />

Employer pursuant<br />

to Section 6<br />

Connecticut General will retain claim and<br />

payment information as required by applicable<br />

law<br />

Section 12 Resolution of Disputes<br />

Any dispute between the Parties arising from or<br />

relating to the performance or interpretation of<br />

this Agreement COJIItroversy shall be<br />

resolved exclusively pursuant to the following<br />

mandatory dispute resolution procedures<br />

a<br />

b<br />

Any Controversy shall first be referred to an<br />

executive level employee ofeach party who<br />

shall meet and confer with<br />

his her<br />

counterpart to attempt to resolve the dispute<br />

Executive Review as follows The<br />

disputing Party shall give the other Party<br />

written notice of the Controversy and<br />

request Executive Review Within twenty<br />

20 days ofsuch written request the<br />

receiving Party shall respond<br />

writing The notilce and the response shall<br />

each include a summary ofand support for<br />

to the other in<br />

the Party s position<br />

Within thirty 30 days<br />

of the request for Executive Review an<br />

employee ofeach Party with full authority<br />

to resolve the dispute<br />

shall meet and<br />

attempt to resolv the dispute<br />

Ifthe Controversy has not been resolved<br />

within thirty five 35 calendar days ofthe<br />

request of ExecU1tive Review under Section<br />

12 a above the Parties agree to mediate the<br />

Controversy in aecordance with the<br />

following procedure<br />

Mediation The<br />

mediation shall be conducted in Bridgeport<br />

Connecticut in front of a neutral panel of<br />

three 3 one<br />

people<br />

ofwhich shall be<br />

selected by the Employer one ofwhich<br />

shall be selected by Connecticut General<br />

and one ofwhich shall be selected by mutual<br />

agreement ofthe parties<br />

Each party shall<br />

assume its own costs and attorneys fees The<br />

mediator s<br />

compensation and expenses and<br />

any<br />

administrative fees or costs associated<br />

OS 211<strong>2010</strong><br />

17

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