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HomeMy WebLinkAboutMilliman GroupIsland °rou~ 631 3~4 7021 ISLAND GROUP ADMINISTRATION, INC. 5LAND GROUP AD~tlNISTRATION, NC FACSIMILE TRANSMITTAL SHEET All Island Group Clients Alan D. Kaplan 10/25/05 2 YOUR tlZFERENCE NUMBER: [] U~_R_~OENT [] FOR REVIEW [] PLEASE COMMENT I~ PLEASE REPLY [] PLEASE RECYCLE As you are aware, we have been working with the Medicare administration to complete the necessary documentation and provide the required information to them so that your group can be accepted for the 28% subsidy associated with the Medicare Part D benefit to become effective 1/1/06. The last piece of the puzzle in the application process is the actuarial attestation which is being perfbrmed by The Milliman Group. Milliman Group was hired by Pharmacare. We elected to utilize Milliman as they were most 5alniliar with the Pharmacare program. Although I have authorized Milliman to act on your behalf, the Senior Actuary, Bill Pollack, has asked that each of our clients seeking the subsidy agree to sign the attached oue page agreement. We would appreciate it if you would sign this tbrm immediately so we can forward all the required documentation to thc Medicare administration. The cut off dale fiw application submission including the actuarial attestation is 10/31/05. Therefore, it is' essential that you sign the attached and return to our of/ice itnmediatel£. If you have any questions, please do not hesitate to contact our office. p.1 3 TOILSOME LANE EAST HAMPTON NEW YORK 11937 Oct 24. O~ lO:OSa Island Group 631 324 7021 SERVICES AGREEMENT This Agreement is entered into between Milliman, Inc (Milliman) and Town of Southold (Client) as of October 24, 2005. [n consideration for Milliman agreeing to perform certain services, Client agrees as follows. BILLING TERMS. The parties acknowledge that PharmaCare Management Services, Inc. (PharmaCare) [s obligated to pay Milliman for services provided to Client under this Agreement under a separate agreement between PharmaCare and Milliman, LIMITATION OF LIABILITY. The parties agree that Milliman, its officers, directors, agents and employees, shall not be liable to Client, under any theory of law including negligence, tort, breach of contract or otherwtse, foran y damages in excess of $10,000 In no event shall Milliman be liable for lost profits of Client or any other type of incidental or consequential damages. DISPUTES. In the event of any dispute arising out of or relating to the engagement of Milliman by Client, the parties agree that the dispute will be resolved by final and binding arbitration under' the Commercial Arbitration Rules of the American Arbitration Association The arbitration shall take place before a panel of three arbitrators. Within 30 days of the commencement of the arbitration, each party shall designate in writing a single neutral and independent arbitrator. The two arbitrators designated by the parties shall then select a third arbitrator The arbitrators shall have a background in either insurance, actuarial science or law. The arbitrators shall have the authority to permit limited discovery, including depositions, prior to the arbitration headng, and such discovery shall be conducted consistent with the Federal Rules of Civil Procedure. The arbitrators shall have no power or authority to award punitive or exemplary damages. The arbitrators may, in their discretion, award the cost of the arbitration, including reasonable attorney fees, to the prevailing party. Any award made may be confirmed in any court having jurisdiction. Any arbitration shall be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consentof the other parties, except that disclosure is permitted lo a party's auditors and legal advisers, 4,, CHOICE OF LAW. The construction, interpretation, and enforcement of this Agreement shall be governed by the substantive contract law of the State of New York without regard to its conflict of laws provisions. In the event any provision of this agreement is unenforceable as a matter of law, the remair~ing provisions will stay in full force and effect. NO THIRD PARTY DISTRIBUTION. Milriman's work is prepared solely for the internal business use of Client. Milliman's work mayno t be provided to third parties without Milliman's prior written consent, Milliman does not intend to benefit any third party recipient of its work product, even if Milliman consents to the release of its work product to such third party. MILLIMAN, INC. By: Name: V~lliam M. Pollock Title: Consuttinq Actuary Date: October 24, 2005 '~O~/,N OF SOUTHOLD Date: ecl:chat' 26, 2005