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1 <br />JOINT POWERS AGREEMENT <br />FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK <br />MANAGEMENT SERVICES <br /> This Joint Powers Agreement, hereinafter referred to as "Agreement," is made between <br />Participant Member listed on the signature page, and other Participant Members as are now or may <br />hereafter become parties to this Agreement, and the South Central Service Cooperative <br />hereinafter called the "SC." <br />RECITALS <br />Whereas, Minn. Stat. 471.59, Subds. 1 and 10, authorizes two or more governmental units <br />to exercise jointly or cooperatively powers which they possess in common, and <br />Whereas, Minn. Stat. 123A.21, establishes service cooperatives, the purpose of which, <br />among other things, is to assist participating governmental units in meeting certain specific needs <br />which can most advantageously be met on a regional basis, and <br />Whereas, the Participant Members wish to authorize the SC Board of Directors to act as a <br />joint board for the purpose of exercising certain powers as set forth in this Agreement, and <br />Whereas, the Participant Members acknowledge that the Board of Directors of the SC is <br />representative of the parties to this Agreement; <br />NOW THEREFORE, the parties hereto agree as follows: <br />SECTION 1 <br />PURPOSE, INTENT AND OBJECTIVE <br />1.1 Purpose. Under the provisions of Minnesota law, governmental units may enter into <br />contracts to provide Group Employee Benefits for their employees and to obtain Other Financial <br />and Risk Management Services deemed necessary or beneficial for their operation. Under the <br />provisions of Minn. Stat. 471.59, two or more governmental units (including, but not limited to, <br />school districts, counties, towns, other governmental agencies and service cooperatives) may agree to <br />exercise jointly or cooperatively powers which they possess in common. The purpose of this <br />Agreement is to authorize the Board to exercise the common powers of the participating <br />governmental units in connection with certain matters pertaining to the administration and funding <br />of Group Employee Benefits and the provisions of Other Financial and Risk Management <br />Services, all as described herein. It is not the purpose of this Agreement to transfer to the Board the <br />authority to execute contracts on behalf of Participants, or to in any manner become involved in any <br />collective bargaining process. <br /> <br />1.2 Compliance with Applicable Laws. It is the parties' intent to comply with the applicable <br />statutory requirements pertaining to requests for proposals for group insurance, self-insurance, <br />COBRA and its Minnesota extensions, service cooperatives, and all other applicable federal and state <br />statutes. Pursuant to the laws governing service cooperatives, it is also intended that nonprofit, non- <br />governmental units be allowed to participate as Associate Members in the Group Employee Benefits <br />and Other Financial and Risk Management Services made available pursuant to this Agreement, <br />although it is not intended that such nonprofit, non-governmental units exercise any of the powers or <br />authorities exclusively delegated to governmental units described in Minn. Stat. 471.59 Subd. 1.