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03.06 - Joint Powers Agreement with National Joint Powers Alliance
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09-04-2007 Council Meeting
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03.06 - Joint Powers Agreement with National Joint Powers Alliance
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withdrawal or deemed withdrawal. If a Participant withdraws or is deemed by the Board to have <br /> withdrawn from this Agreement, such Participant's participation in this Agreement(and any Pool <br /> offered hereunder)shall be prohibited for a period of twelve (12)months from <br /> the date of such withdrawal or deemed withdrawal. <br /> SECTION 6 <br /> PROGRAM FUNDS ADMINISTRATION <br /> 6.1 Program Funds. It is understood and agreed that, in connection with the Group <br /> Employee Benefits and Other Financial and Risk Management Services made available pursuant <br /> to this Agreement,the Board may acquire Program Funds. The Board may, in its discretion, <br /> establish and maintain separate accounts for specified portions of the Program Funds,and may <br /> designate specific purposes, such as the payment and financing of Group Employee Benefits or <br /> the stabilization of the cost of such benefits, for which the amounts credited to such accounts <br /> shall be used,but it shall not be required to do so. <br /> 6.2 General Rules Regarding Management and Disposition of Program Funds. Program <br /> Funds shall be used solely for the purposes of providing Group Employee Benefits and Other <br /> Financial and Risk Management Services,providing related services,defraying the reasonable <br /> expenses of administering such benefits and services,and, if the Board determines that such use <br /> would either directly or indirectly benefit Participants(e.g.,by spreading risk,achieving <br /> economies of scale,generating revenues or enhancing the Board's ability to negotiate with <br /> Providers as a result of the Board's visibility,presence in the marketplace or enhanced expertise), <br /> establishing,providing and administering similar benefits and services offered by the joint action <br /> of other governmental units. Program Funds shall not inure to the benefit of the Board;this <br /> prohibition shall not,however,prohibit the payment of service fees to an SC as provided below. <br /> Subject to the foregoing,the Board, in its sole discretion, shall determine the management and <br /> disposition of the Program Funds. The Board may consider Advisory Committee <br /> recommendations regarding the use of Program Funds before any determinations are made. The <br /> following are examples of purposes for which the Board may use and apply Program Funds. <br /> (a) to negotiate the purchase of, administer,provide and maintain(either directly or <br /> through the purchase of insurance, or both)Group Employee Benefits(including,but not limited <br /> to programs related to the purpose for which the Fund was created, such as, for example, in the <br /> case of a Health Pool,an Employee Assistance Program(EAP)and Wellness Program)and Other <br /> Financial and Risk Management Services; <br /> (b) to pay or provide for the payment of reasonable and necessary expenses of <br /> administering Group Employee Benefits and Other Financial and Risk Management Services <br /> including,without limitation,all expenses which may be incurred in connection with the <br /> establishment and administration of Pools,the employment of administrative, legal, accounting, <br /> other expert and clerical assistance,the leasing of such premises and the purchase of lease <br /> materials, supplies,equipment,and liability and property insurance; <br /> (c) to establish and accumulate funds deemed adequate by the Board to carry out the <br /> purpose of the Pools, for example,for purposes of rate stability and risk reserve; <br /> -9- <br />
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