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2.10 Operating Agreement means an agreement by and between the Trustees and a Provider which establishes terms for the benefits, administration or funding of Group Employee Benefits or Other Financial and Risk Management Services. 2.11 Participant Member means any governmental unit as defined in Minn. Stat. 471.59 which is accepted for participation in this Agreement by the Trustees, certifies that its employee benefit plans qualify as "governmental plans" that are exempt from application of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and agrees in writing to be bound by the terms of this Agreement (or is deemed to have so agreed as provided in Section 9 or this Agreement). It does not refer to individual employees obtaining insurance or other benefit coverage pursuant to a plan offered by a Participant Member which is funded or administered in whole or in part pursuant to this Agreement. 2.12 Risk Management Pool means the collective group of Participants in a given program of Group Employee Benefits or Other Financial and Risk Management Services, as the context shall require. Absent an agreement expressly to the contrary a separate Pool shall exist for each such program and a separate Group Contract shall exist between the Provider and each Participant for the rendering of services or benefits for which such Pool is formed. 2.13 Program Funds means any monies, reserves, excesses, or other amounts, whether acquired through contributions, payments, discounts, dividends, refunds, credits, reserves, savings, interest or otherwise, that are held and administered in accordance with Section 6 of this Agreement. 2.14 Provider means the person, insurance carrier, third party administrator, or other entity which is selected by the Trustees, in its discretion, to provide Participants with Group Employee Benefits or Other Financial and Risk Management Services or, as in the case of self -insured health benefits, to provide administrative or other services in connection with such Benefits or Services. 2.15 SC means the National Joint Powers Alliance, a governmental agency and public corporation, whose existence is authorized by Minn. Stat. 123A.21. SECTION 3: JOINT POWERS GOVERNING BOARD OF TRUSTEES 3.1 Board Membership. The Risk Management Pool is governed by a Joint Powers Board of Trustees, consisting of members of the SC Board of Directors, K-12 school representatives, cities/counties/other governmental agencies (CCOGA) representatives, and school labor or CCOGA labor representatives. The initial Board of Trustees will be appointed as follows: seven (7) representatives will be appointed by the SC to include three (3) Trustees representing the SC Board of Directors and four (4) Trustees representing Participant Members. Thereafter, the Board of Trustees, as outlined in the By - Laws, will be composed of three (3) representatives appointed by the SC and the remaining representatives appointed by the current Advisory Committee. After the initial Board of Trustees, the Board of Trustee members will serve four (4) year terms. The initial Board of Trustees will serve a staggered term as follows: i. A Labor Representative will be appointed by the Advisory Committee to serve an initial term that will expire December 31, 2017. ii. One NJPA Board Member's initial term on the Board of Trustees will expire December 31, 2015. That Board Member will be replaced by an appointee of the Advisory Committee. Rev. 712015