03.06 - Joint Powers Agreement with National Joint Powers Alliance

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I Employee Benefits and Other Financial and Risk Management Services made available pursuant to this Agreement,although it is not intended that such nonprofit,non-governmental units exercise any of the powers of authorities exclusively delegated to governmental units described in Minn. Stat. 471.59 Subd. 1. SECTION 2 DEFINITIONS 2.1 Advisory Committee(s)means committees appointed by the Board in accordance with Section 4.8 of this Agreement which are representative of the Participants as deemed appropriate by the Board for this purpose or recommending policies, procedures and actions to the Board. 2.2 Agreement means this Joint Powers Agreement as the same may be amended from time to tome. This document,and all other documents in the same form executed(or deemed executed as provided in Section 9 of the Agreement)by SC and other Participant Members,all as amended from time to time, shall together constitute a single Agreement. 2.3 Associate Member means any nonprofit or non-governmental entity which participates in any of the Group Employee Benefits or Other Financial and Risk Management Services made available to Associate Members by the Board,and agrees in writing to be bound by the terms of this Agreement other than those terms explicitly applicable only to Participant Members(or is deemed to have so agreed as provided in Section 9 of this Agreement). 2.4 Board or Joint Powers Governing Board means the SC Board of Directors acting as the joint board authorized to exercise certain powers of the Participant Members,as permitted in Minn. Stat.471.59, Subd. 2 and as set forth in this agreement. 2.5 CBA means collective bargaining agreement. 2.6 CBA Employee Benefits means employee welfare and retirement benefits made available by the Board from time to time for adoption by a Participant pursuant to the terms of a CBA,and may include, but shall not be limited to health benefits coverage,wellness and employee assistance programs, life insurance, disability income protection,dental insurance, flexible spending programs,retirement programs and long term care insurance. In no event shall any Discretionary Employee Benefits by considered CBA Employee Benefits unless and until they become part of a collective bargaining agreement between a union and a Participant. 2.7 Discretionary Employee Benefits means employee welfare and retirement benefits made available by the Board from time to time for adoption by a Participant,exclusive of any CBA Employee Benefits, and may include,but shall not be limited to health benefits coverage, wellness and employee assistance programs, life insurance, disability income protection,dental insurance, flexible spending programs, retirement programs and long term care insurance. Discretionary Employee Benefits may be terminated or reduced by the Board at any time. In the event any Discretionary Employee Benefit is terminated by the Board but continued by one or more Participants,the provision of such Discretionary Employee Benefit shall become the sole responsibility of such Participants. -2-