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HomeMy WebLinkAboutSouth Central Joint Powers AgreementOak Park Hei Re q uest for Council Action 'Vieetin Date 7 YLi U)-01 A Item Title Approval. of Joint Powers A with South Central Service Cooperative and Authorization to execute. Time Re I min. A Placement Consent Ori g inatin g Department/Re Administration/Kimberly Kam per Re q uester's Si Action Re Approve Aoreement and authorize staff to s Back roan d/ j ustifi- cation (Please indicate if an previous action bias been taken or if other public bodies have advised If y ou recall the Cit is chan its health insurance to Blue Cross Blue Shield of Minnesota — Aware Gold as part of the South Central Service Cooperative (SC SC) pool. To officiall become part of the SCSC the Cit must enter into a Joint Powers A four Group Emplo Benefits and other Financial and Risk Mana Services. I would like to re that y ou approve the a and authorize staff to si document. I have attached g eneral information on SCSCE and the a for y our review. Date/Time Received Financial Implications $ Bud Bud Yes No Administrative Recornmendiation: Approve Comments: Cit Administrator/Date Den Line Item Fundin Lev Other No Recommendation C, _IAS HAREDTorinsWOUNCIL ACTION I QUEST.doc om VM quality through cooperation SOUTH CENTRAL SERVICE COOPERATIVE 1610 Commerce Drive • North Mankato, Minnesota 56003 -1912 Phone: (507) 389-1425 FAX: (507) 389 -1 772 Web Site: www.mnscsc. South Central Service Cooperative City County —Other Governmental Agency Health Insurance Pool About the Pool Goal: To provide rate stabilization & rc asi ng power; The Service Cooperative negotiates on behalf of the pool & conducts cts the required R-FP Plan Year: Jan 1 -- Dec 3 1; 'resent carrier is Blue Cross & Blue Shield of MN; * Each group sirs a Joint Powers .Agreement; Each group determines its own plan benefit design(s); Specific Stop -Loss: $50,000 per member (includes transplants); Aggregate Stop -Loss protects the Fool; ACH system of monthly premium payments is required; Each group has an interest- bearing account at Wells-Fargo Banff Haut to pa claims and plan costs; The South Central SC receives es are administrative e fee of 1.5 % to corer Pool management operational expenses. Fool benefits CSM retention charges are reduced * Dollars are maximized to pay claims Annual participation fee (July I — June 30) $75 base fee plus $3 per employee (total is capped at $1 Year I — charges for the first six months are waived Year 2 f — full participation fee Oversight Service Coo rat e Board of Directors - provides govemance for all insurance programs; Staff Management Team - Les M rtisko, Executive Director and Paul Olson Insurance Coordinator; 4 G� C EIy %. U V 1 qualit throu cooperation SOUTH CENTRAL SERVICE COOPERATIVE 1610 Com ere Drive * North Man kat , M 1 n nesota 56003 -1912 P hone: (507) 389 -1425 (507) 389 -1772 Web Site w w w .m nscs c.o rg South Central Service Cooperative City - County -Other Governmental Agency Health Insurance Pool Counties L e Sur County Waseca County ariault County v o nwan County } Cities City of Le S eur City of Waseca City of Hastings City of North Mankato City of Arlington City of Ne w Ulm & Public Utilities City of Blue Earth City o f Lake Crystal City of Henderson Ci of La faye tt e City of sleepy Eye Other Governmental Agenci Minnesota Malley Action Council Region nine Development Comr isssion "rir ont health Care Center Wells Public Utilities Blue Earth Light & Water Utilities Plus Minnesota Municipal utilities Assoc. Sleepy Eye Municipal Hospital JOINT POWERS AGREEMENT for GROUP EMPLOYEE BENE.FITS and other FINANCIAL and RISK MANAGEMENT SERVICES between CITY OF OAK PARK HEIGHTS and the SOUTH CENTRAL Safe'!/ /CE COOPERATIVE JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK MANAGEMENT SERVICES TABLE OF CONTENTS Page S 1. S 2. S C ON I SC0N 4. P URPOSE, INTENT AN 8J EC ■ ■ V ■1■Y + . i r . . . a . # 1. 1. Purpose 1.2. Inte 1 *a Objective D EF IN17 1 ON S # s i f • f ■ s ■ r f • s a • f w s # • f # a • i # • i 4 f • • 4 i ■ 2 .1. Agreement 2 .2. Associate Member 2 #3. Benefit Fund Reserve 2.. Board 2. OA 2 . 6 , CA Employee Benefits 2. Discretionary Employee Benefits 2.. Group Contract 2.. Group Employee Benefits 2 .10. Other Financial And R isk Ms s e a t Services 2.11. Operating Agreement 2 .1 2. P articipant 2.1 3 Participant Member 2.14# Pool 2.1 5, P rovIder 2.1 SC JOWT POWEFtS GOVERNING BOAR 1 1, Bard Membership 12, Upon Dlwolubon of SC 3.3. Acknowledgement by Associate Members RIGHTS TS AND R S NSIN ■ ES THE BOARD i i # # i • i i v v • i # i a ■ � ■ f + a f + + i 4 . 1. Group Employee Benefits 4 , 1.1. CA Employee Benefit 4 .1-2. Discretionary Employee Benefits 4 .2. Other Financial and Risk Management Services 470220: 4 ■ r t Oper ating Agr eements 4 .4 . Service Provider 4 . 4 .1 . Selection 4 .4-2. Governmental Uni S idling and Contractin L aw s 4 ■3. Serv Provider Rate Increases 4 .5 . Advisory Committg 4 , 6. Authority of Board 4.7. N o Responsibi 4. 8. Establishment of Rate Reserves S C N 5. RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS 7 5 . 1 . Group Employee Benefits 5.1.1 Enrollment and Renewal 5 .1 -2, Participants to Furnish Data 5 . 1 ,3. Remittan ce Pr9miums and Contract Charges 5 . 2 . Other Financial and Risk Manag Sees 5 . 3 . Participant Wit .3 #P a Voluntary Withdrawal 5 .3,2. Withdrawal al ei g to Participant Rate Solicitation 5 .3- 3. Withdrawal Relating to Dual Offerin Ef fect of art cipa nt Withdrawal 5 . 4 . 1 . Benefit Fund Reserves 5 .4-2. Future Participation Limited 6.1. Fund Reserves 6 .2. General RU ICS Regarding Management ent a nd #too Of SWet Fund Reserves and Res and 0 0velopment Fund Reserves 6 ■2# 1 . Benefit Fund Reserves 6,2.2. Research and Development Fund R rvee. .�. M a effmt and Disposition of er e t Fund Reserve's Upon Participant Withdrawal or Pool Terminadon 6 . 3 , 1. Wit of Participant (5 -3-2., - Terming ion of Pool 6 , 4 . R eversion of Fund Reserves Prohibited SEC N 7. LENGTH OF A GREBMENT AN TERMINA71ON ........ ■ i . 1 J 1 i . a a 4 a f ■ i y i a SECTION 8 ■ LIABILITY OF PA S .••# 4, ■,a •i, #. ■.. # *... #•a• SIGNATURES i ■ i ■ # # a r r r ! 0 r 4 ■ i ■ ■ W # ■ # ■ 4 ■ i i f � # r s ■ i 4 i r r # rt ■ ■ • • # f # • a rt s 970224, y w r f JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK MANAGEMENT SERVICES This Jo Power A greement, her r eferred L as re t ,, , t between Participant Member IS made Pa rtici p ant Me are now r and other hereafter become parties this Aw and the SOUTH CENTRAL SERVICE COOPERATIVE, hereinafter call "Sc called �� �� RECITALS W h e r e a s , Minn. Stat. § 471, 5 t Subds. 1 and authori two or mor governmental units to exercise joi ntly or cooperativ p owe r s whl ornmon c e possess � f and Whereas, Minn. Stat. § 123.582, establishes service coo ravest pu W hich, among other things, is to assist arti ipatin governmental tai nits in meeting certain specific reeds which can most advantageously met on a reg i onal ova# bass# N OW THEREFORE, the parties hereto ag as follows SECTION 1 PURPOSE, INTENT AND OBJECTIVE I . I . PUr Under the provisions of MInnesota. law, g overnm e n tal units may enter into Contracts for the purposes of p roviding Grog Employ y enema f tear em and for the provision of obtaining other Financial and Risk M anagement Services dee ed necessary or beneficial for their operation. U nder the WOViSims of M inn. S tat. § two or more governmental units (including, but not limited to school di stri c ts,, countie towns, other governmental agencies and service coo eraves m ay agree to exercise j ointly or cooperatively powers which they osaess in common. Pur to Minn. Stat. 47 1 .59 , Su d 2, the pa rfts state that their c ommon power shall be exercised for the purposes of transferring. to ft Board certain matters p ertaining to the admini and funding of Group Employee Benefits and obtaining Other ins i � sl and Risk M Services, all as described herein. It is not the pu r p o s e ot this Agreem to transfer to the Board the authority to execute contracts on behalf of Particip to in any manner become involved in any collective bargaining process, or to transfer liability or responsibility r matters other than securing proposals, proposing alternative g ndin arrang ements , negotiating rate renewals, verifying benefit settlements and the facilitation o administrative services for Group Employee Benefits and diher Financial r � d R i sk Management Services. 97022`3.'121 4 1 .2. Intent. It is the par intent to CQM PlY with the statutory ra uir i haws P to Beet for erer�t t rcu proposal, COBRA and its vice ccperat�ves, anti �� � li �r�e�ota ex ��s r cable federal and state sta tutes. the govern service cooperatives, it is tt�tes. Pur to ov u nits a allowed also i that nonp rofi t pa�c�pate a Asociate n o ng o v ernmen ta l � t#�r i�cial n Participants � the Gr Emp l o y Risk Management Services ee Benefits to thi rerner�� al ; � made available to r�tic�par� pursuan t i not intended that such r s r r the ers o prof t, o overnme tal units }/y authorities exclusively deleg described i Mi nn. Scat. § 471.59 Sub g ur its Minn 1.3. Objectiv Pursuant to Stat. § 471. Su d, 2, th Powers Agreement is to uthorl cec f hi it e the r to; ( a) e procure a admini Group Em ir�ar�c�a� a �s� � B enefits n the Ma eries that em he Pooling asks for the purpose of stabilizing pct f a����n and/or red costs are ( b) d and clarify requ est for proposals, rights and lenth of cotraot, trr��rr � rresponsibilities, r ation guidelines, the relative lia i ` parties, tie rr�thod +• ��y of the y which parties to this exercise their common p eow ' rg reement hall . SECTION 2 DEFINITIONS 2.1. AgrOOMent means 'this' J oint Powers Agreement s the time to time* may e amended from 2.2. A 1m m eans any nonprofit or nog overnr en p atici pste � r� any o tie fro tee ' + entity w h i c h rev yee e e f or Other Finami l ices made ays����e to them � R isk Mana a u nit the oar. As deemed ft SC, such Phrase shall as defined in Minn. stIt 471. in � � which '! is a for Participation Agreement y the Board and representation ors the � e�eots not have vot��n 2.3. Benefit Fund Fk*s*rVO means assets held for the provision o Gr oup pee 2.4. Board means the service Cooperative Board of D irectors actin Governing Board. s the Jo ewers 2.5. - C8A means collective bar g ai ning reemn. 9 70 2 20' 13 2 1 -2- 2 . 6. cSA rrnploy " B ensfIts me such emp l oy ee elfa� retirement benefits as are required, with respect to any particular Participant, to �� � provided to some �� an of such � eployees pursuant to the terms of a o011ectiv e bar ag reem e nt. in no evert shall any Discretionary Employee Benefits be considered SBA Empl Benefits unless and until part of a collective bargaining agreement neg atd and agreed to b a between a union a Participant. in the event an Discretionary �nin y y Employee Benefit �s termina by the Board but continued by one or mor Par Di scretionary Employee Benefit shall become the sole r c 2.7. 013 Cretionary EmPlOyee Benefits means but sh all # Gill no l i mi te d to he alth ��J benefits coverage, w ellness and employee assistance progr l i fe in sur ance, di income p rotection, dental insurance, flexible spending „ ro r ms, retirement p and other services and benefits as directed by the Board from Ume to ti and p rovided by a Participant for its er plc ee , e cc# sive of any cBA Emp lo y ee E mplo yee Benefits. D iscretionar y oyee Benefits may be terminated or reduced by the Board at any `o eve nt any (Discretionary Employee Benefits be considered cBA Emplo Benef un less u nt i l part of a Collective bargaining agreement neoated and ag reed to by and between a union a Partic ipant. In the event any Discretionary Employee Benefit is termi by the Soar but continued by one or mor Participants,, the r ovision of � such D iscretionary Em ployee Benefit shall become the sole responsibility Of such Partici 2 .8. Group contract shall mean an agreement for the r enderin g and betfeen a Partici and a Provider of such services. III 2.9. Group Employee S enefIts shall mean CE3A Emp loye e eneffts provided b G Contract to employees of Participants pursuant to a collective . t e bara�ni recent and Discretionary Employee Benefits made available from the to tlrry by the Board in it discretion for employees of electing Participants. The u ndertakin g s for the provision of Group Employee Benefits in this Areerrrent may be terminated by the J oint dowers Board o r the Sc s applicable) at any brae. 2.10. Other Financial And Risk Management Serviose May i nc l ude, l f y but s not be limited to,, technical advice regarding borrowing p rog rams, cont racted � acted ! sal se r v ices, property /casualty safety group protection, personal roe and ca s u alty salty rotection, student accident coverage,, and other services as made available b Group o contract for Participants from time to time by the Board. 2.1 1 , operating Ar "moat means an agreement b and between y e S C and a Prorder which establishes terrors for the administration and funding of CBA Ma m � r Other p oyee Benefi sc etionary Employee Benefft , or Financial and Risk rra em D is c re tionary Services. 2.12 P articipant means both Participant Members and Associate Members, it shall not refer to Individual employees obtaining insurance or other benefit covers e r n n p spa t to a p lan offered b a Participant which is funded or administered in whole or in p art p ursuant to this Agreement. 34`223 132 Imo. a 1 1 # Pa Membe m ea n s 1 � J 5M� 1 governme defin .+� Minn. S tat 47 1.59 which is aooepted for participation in this reerent �y tie . 2.14. l me the collecti group ot Participa B �re�or� g i v en pro of C pro ne��ts t ary Employee Benefits, or Othe F inanci Servi as tie oonte� �� � l and i Mana squire. Absent an agreement expressl separate P ool sib exist for each so r t e contrary � or rid s epara t e group Contra shall exis b the Pr and Participant for the red �' t rr� of er�os or benefits for w hic h such Pool is formed. 2.15. Provid means the p erson , insurance i e carder or entity which Is selected by the Board in its di which by rriten Gro C with the artiorpant agr provide the Participant vier drop l Benefits to �1ar�a et�ts or O ther Fina and Ri Manag Services. 2.16. SC m f a S outh Cen l S1 • iCY C1/ V er i a�ve govern a and lic cor poration, w hose existence i authorized pursuant t Minn. � SECTION 3 JOINT POWERS GOVERNING BOARD 3.1. Board Membersh1p, Pursuant to Minn, �r �. § 1. dud. 11, #� SC Board of D irectors will also serve as the Board referred to in t A The Board w be e le c ted p to the BylaS of the SC, go { � eieeotio o i board o directors. As appro the nerd may de-si a representative to act on its behalf, even 3 . 2 . Upon DISSOlution of SC. In the t a SO is dissolved, the Board shall con tO e and ft Members shall be ele solely from the goveming bodes of t he P arti c i p a n t Me to this lrmn in a manner co with roisio ofi the Joint Pourers Act, Minn Stat § 471-59 S bd. 2. 3.3. Acknowfod b Assoclate MO MbOrs. A sso c i a te Me which are not g overnmental units acknowledge that Minn. St 471 not of tho t participa bon in a Joint Powers Agreement, even thou 5 b authorizes nonprofit, nongovernmental org anizatio ns Benefit F o par i Grp Emplo other Financial and Risk Management Services other pro made a f rom ti tO time by service coop eratives. B parlic in any s pro made available by the SC, such nongovernmental Associ Mem spree to be bound by the relevant terms of this Agreement and t hat the B is re o f their interests Associate Members w hich are g o v e r nme n t a l u nit s and which have elected Associ Heber status also agree to be bound by the relevant terms o this A and that the Boers i representative of their interests. 70 2 2 0. 13 1 __ 17 SECTION a RIGHTS AND RESPONSIBILITIES OF THE BOARD 4 . 1. Croup Employee Benefits. I I E mp l o yge B oard may provide and dm nis r a lt e rn a ti v e financing arran respectin sha ll be benefits which a Par has r p ed rovided � ern�oyee pursuant to a Collectiv Contra for b ar g aining a The �� oup o the provision of such benefits shall a betty Prr. {}�J i �/ / 1 /��y + ryy1 l}�J en the Partici and tie uthoriat�on to ohane o�� or � Boa � authority n o r J }{.� `t ts y benefit respecting a Participant C A B ene f i ts , Empl 4.1.2. Discretionary Employee Benefits. T B oa rd may from time to i m a k e a for adoption by Partici Discreti Employee Benetits and ma ad and ne alternative financing arran Group � erner�ts reseot�n such be the Co for the provision of such benefits shall b tern the SC and the Pr or between the Participant and the rotder;• s the �� B oard shall deterrni from time to e Notwithstanding that a Group - C for i r � tlnry Employee E3en b b et w een a Partici and a Pr the Board upon re n otice to Partici ns m ay roseolei amend, reduce or terminate any such ri i sorettonary Em net in its sole end absolute discretion. 4 .2 other Fi and Rlsk Management So riss. The oat` may administ an pr other Fi and R Management dery des for elec Participants. The responsibilities of the Board in the Performance of Other F i n anci a l and Risk Man Services will be set forth in eratin Ag r eements dete the most cost-effective and appropriate manner 4 n whi Finan cial and Risk Management er ent services and the service f the same. ees VW other costs pertaining to 4 .3. Oper Ag me men ts. Th Bo ard m a y ne Opera A for the benefit of the SC and each the P articipant& CO of thS Ope A s hail be on file for review by any P&MCIPant upon req SC Shall . be baud a ser fee in consideration for services rendered pursuant to this A g reement and s O Agreements, ThS amount and source of such serve oe fee shall be esta from ti to time b y the Provider and the SC and shall be r v o ed the Board. Such service fee may include, but shall not b e #iff0ted to, a p ercentag e of prem iums collected from Partic for the payment of Group Emp loyee Benefits a fixed fey, or such other a rran g e m ent as approved from time t time b the Board. At the time a ' ��an elec to partici i any of the Group Employee Benefits made available h Partic y t e hoard, the shall, by execution of this Agreement, be deemed to have acknowledged and agreed to the amount of such service tee as set forth in Addendum A attached her and the source of its pa incfuding any part hereof derived from discoun refun dividends, or similar reven a s well a s the disposition and expenditures of p remiums and oth ter revenues reeved from 9 13 2 1 dO A i P ar t ici p ants to the extent di therein. An updated A dden d um A will be treed to Part i c ipants least ann Servi fees payable with resPect tO Other Financial and Banc Services shall be established from time to time as d etermined 4 . 4. Service P rovlder3, 4 .4. 1. Se1e0 The Partici h e reby dele selet the Providers for gate to B oard the right t group Employee Benefits and Other Financial and Risk M anage m ent Services, 4.4,2, Governmental Unit SIdding and Contr �' all 1s appli t Bo d shall Comply with all state and federal laws relatin re f pr , revieW ot Pr l of Group C r and other yaws and reg r to contracting for Group Em ployee Benefits and Other din ancial and Risk Management Services. 4. 4.3. S P rovider Rate Increases. The Boa rd will nnall elew renew in formation as presented by Providers, mace reco mmendat i o ns and d eter m ine i requests f or proposals are necessary. Rate renewals ' r group insura wili be determined on the basis of the aggregate chary a of r � erg mss. 4 .5. Ad C Th wI aid s ha l l a on rp e + c Th e purpose of any such committee May include,, but shell not be r Processing o information relating to Grou Employ to Bene recei + such y the toy d ben efits as well as other programs and services. The B oard shall co but is not required to adopt, advisory co rnittee recommend ati one and pro La representation on any Insurance Advisory Committee forme b the hoard s hall be representative of the exclusive representatives of Particip i h r ele va nt P 4 . 6 . Authority of Board. The Board, with due con idraon given to rec submitted by any advisory com mittee which ma y be estabfthed,, shell, unless otherwise expressly agreed retain final authority in all metiers relay ` e to this A as well as Group E MP10yee Benefits, other Financial and Risk + Mar�ageren Serv and other programs subject to this Agreement, 4 . 7 . No Responsibility, The Board, its authorize represe epresetalves, m and designees shall have no duty or liability o are of the t y Partici Providers, o O ther Financial and Rik Management Providers with r espect to the fees, p r e miums and contract chargee, offers, acceptances or binders of coverage, cancellation g � noces or other charg reia ng to the arts i aunt s subscribers, all of which s hall be the resp of the Participants party to such agreements. The Board i ts authored representatives, employees and designees, and each Participant shall have . o duty or l due to negligence of other Participan and Providers. 4 . 8 . Esta of Rate Reserves, The Board shall fr M fte to time de the mini amount of funds needed in any Benefit Reserve Fund r purposes ot ri management and rate stabile abon. Factors which shad be considered by the Board ma 97fiQ: include actuarial reports and shall include statutory requirements for such Fund or other similar funds. SECTION 5 RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS 5.1, Group Employee Benefits. 5.1.1. Enrollment and Renewal. Each Participant w ill execute any n ecessar y Group Contract, Group Contract amendment enrollment and renewal documents direct with the Provider, 5.1.2. Participants to Furnish Data. Each Participant agrees to furnish all necessary employee data (census) pertaining to insurance coverage directly to the Provider, as requested. 5.1-3. RemIttance of Premiums- and Contract charges. The Participant shall remit premiums and/or contract charges in the nee and manner as from time to time determined by the Board. 5.2. other Financial and Risk Management services. The oi ant agrees to execute and submit all necessary data required to perform the respective service as requested to the appropriate parties by the Board. The Participant shall remit payment as designated by the Board for such servicas as billed and when due. 5.3. Participant Withdrawal. 5,3.1. Voluntary Withdrawal. At any bme during a yew (but at least three 3 months prior to renewal), a Participant may terminate its participation in 1 reement or in a Pool upon ninety 0 days written notice to the Board and ail Providers of prog rams in which it participates. 5.3.2. Withdrawal Rwating to Participant Rat* solicitation. If a Participant solicits proposals Independently of this Agreement when there has not been fifty percent o% it re g a in the aggregate rates for that Participant rots in a given year, the Board retains the right to deem that the Participant has withdrawn from the appropriate Pool. "Soliciting proposals'* shall be defined as requesting and/or accepting proposals. Notwithstanding the foregoing, a Participant receiving a 0% or greater increase in the aggregate rate for that Participant group in a given year shall be allowed to solicit proposals without Jeopardizing their participation in the Pool. If the Participant elects to reject all proposals and remain a Participant in the Pool, the Participant will receive a rate to be established by the Board. 970220'1321 5.3-3. withdrawal Relatin to Dual Offerin If a PartIcipant offers G r ou p Emplo Benefits through an additional o different lan which r r � t �� the d�artio f #� Board e o be substantially si milar to those rove P �c! � fed y fool in whi ��1 then the .Board retains the right to deem that withdrawn from the Pool. s uch Participan 5 , 4. Effect of Participant Withdrawal. Upon a Partici w ithdr a wal from this r pant w ithdr awa l � ded Agre or from a Pool, the followin rules shall app 5 . 4 . 1. Benefit Fund Reserves. Assets related to Be nefit Fund eee shall be subject to the rules set forth in Section 6 . 3 .1 below. 5.4,2# Future Participation Limited, if a Particip i deemed by the B t o hav withdrawn from a Pool or this Agreement p ursuan t to Se 5.3 a bo v e, su Participant's participation in this Agreement o r such Pooh the ease may be, Sh be prohibited for a period of twenty-four 2 months from the date o such withdrawal o r deemed withdrawal. SECTION 6 FUND ADMINISTRATION 6 .1. Fund Reserves, It is understood and ag reed tha the means of pro Group Employee Benefits for Participants may result in the est y ablishme se find accounts ( e.g. , risk stabile atim, Benefit Reserve Funds and Research and Development Fund Reserves) the purposes of which may include but are n ot limi the p and financing of such Group Employee Benefits and th s of the c ost of such benefits. 6 .2. General Rules Regarding Manag and DID RIn of eefit Fun Reserves and Research and ev1 rent Fund Ro s erve s . 6 .2- 1 . Benefit Fund Reserves,, The Board may use ark l f y Be Fund or the followin purposes; ( a) to negotiate the purchase of, administer, p rovide an d m (e ither directly o r through the purchase of insurance,, or both CA p to e Benefits and Discretionary Employee Benefits in ludin g, Ul .... nQt l imi ted IAL pro r ►MS d irectly related to the purpose for which the Fund was created, such ass for example, In the case of a Health Pool, an Employe Assistance Program AP and Wellness Program) (b) to pay or provide for the payment of all reawna ie and nec ess a ry expens o f administering the affairs of the applicable Fool including without limitation, all expenses which may be incurred in connection with the 9 70220. t 32 •k s establishment a nd administration of tho aPplIcable Pooh t} of admini strative, legal, accounting, other ex p e rt p# t an cl as the leasing of such premises and the p ur ch ase or lease of material supplies, equipment, and liability and Property insurance; pursuant to Section 4 . 8, to establish and accumu u past of a Benefit Fund Reserve an accumulation of funds deemed adequate by the Boa to carry out the pur poses of the applicable Pool, for examp for rate st � purposes of ty d risk reserve ( d) to pay any federal, stag or local income ernploytent death or over tax which may be properly imposed on or levied ag ainst the li io � cal group Em ployee Benefit plan or Pool r on benefits paid therefrom; ( 8) to pay for any bond and to pay the premiunis on any insurance purchased b the applicable Pool, including, but not limited to liabi insurance, 4 stop loss" insurance and other insurance intended to ir�directl the a dire or y benefits established with respect to the pp licale Poor to pay the SC any service "" fee a able to p � t pursuant to or a pursuant to this Agreement: and (g) to pay for the services of such consultants who services are ordi narily and necessarily incident to the establishment, mainte nance e ante and administration of the Pool. 6.2.2. Research and Dev*IoPment Fund Resew Upon notice to Participants, the Board may from time to time establis one or more esearoh and Development Fund Reserves. Con ribu ons to such Research and De Fund deserves may be made from P ard6pant contributions or ie benefit refunds da r discoun p rovided, however, that in the case of benefit refunds or discoun s, 1 s contributio to the Research and Development Fund shall be f i disclosed y to Participants by eit the hoard or the SC, and 11 the participants agree to undertake to dis all such c to enrolled employees. The Board may apply Research and Oeve lo pffw n t fund deserves to the payment of legislative, technical or professional consultation tees as well as for the following purposes: ( a) to conduct research re alternative means of fin ancing ancin of group Employee Benefits# (b) to conduct research regarding the feasibilit providing additional t' � add tonal group Employee Benefits; and ( C) to pay for such other, similar expenses a the Board shall from time to time approve, provided, however, th no such' expense shall directly inure t o the benefit of the Board or the SC. 9 70220; 1 3 2 1 � s Revenues and ex pend'tur es of Research and Development ent Fund Accounts shall b d e Addendum A as the sane may be ame nded from time to time. 6 . 3. M anagoment and D Isposition Of Benefit Fund P articipan t Withdrawal or Pool Termination, The following pules shall govern t he djsp()sjtjon of Ben efit Fund Reserves in the evert of a Participant withdrawal o r the ter of a Pooi. 6 .3-1. Withdrawal of artici pant. In the event of the wit ot Participant prior to the termination of this Ag reement or of P ool, Ben Fund deserves attributable to contributions of such Participant shall not be returned to such Parti 6.3.2. Termination of Pool. In the evert of termination of a Pool, contributions of Participants to the related Benefit Fund Reserv of termin and the assets then remaining in any such Fund shall contnue to be used and appli exCIUSively for the; ( a) payment of benefits to or on behalf of enrolled eIMp10yee with r espect claims arising prior to such termination, (b provision of si milar benefits . for such em pl oyees , . r yeas (a) payment of reasonable and necessary expenses incurred in such termination, and (d) payment of taxes, mil no monies or other assets remain in the applicable nd* UPon such termination, the B oard shall confine to serve far such period of time and to t set nece to carry out the directions of the preceding sentence and to liqu ft aPiiosie Fund. 6 .4. Reversion of Fund sery s Pr ohibitod. D ur I ng the contin of this Agreement the assets of B enettt Fund Reserves and the eery and oev elopm e nt Fund Reserves shall never inure to the benefit of the Board or to SC or a Par and shall be held for the exclusive purpose o p roviding be nefits e is to employees of Participants enrolled in the applicable Pool and defraying the reasonable e x pen ses sea of administering the a pplicable Pool, SECTION 7 LENGTH OF AGREEMENT AND TERMINATION Pursuant to Minn. Stet. § 471 9, Su d. 4 , but subject o the p rovis i ons � p s ores herein relating to Participant withdrawal, this Agreement ent shall be ongoing 97'220. 1 321 _1 _ SECTION 8 LIABILITY OF PARTIES An Padc1pant to this A holds the Board and its em 10yees and i S esi an(j the SC and its boardt MPIOYe6s and desi harmless trom an and all cause ot action arisin a t law or in equ unless such action shall aril and f rom its r their gross n li gence is rrt air aliatin ot all d y /+ y� �yy /� �y� and tats r i b to t # is t li r an Est ari this Agree n�s a is M u lt of int wr Ali b her are the soli respon Provider and the Participants, and not the respo of the hoard or the SC. P to all a stake and federal haws th is A a afro rr��r� ars p arties and i s , signed t y the � try soars the parti SOUTH CENTRAL SEFMCE CO P A VE Title ate SOUTH CEYTRAL SERE COOP EPA B Date PARTICIPANT MB48 By Title Date �Mcl�w By Title D ate 9 1321 ADDENDUM A South Central Service Cooperative Schedule of service Fees Product Service Fee Administrator Supplemental ental Life % of first $5000 p remiu m of premium over $5000 Health Life Long-Term Disability 1.50% of premium 5% of first $5000 premium 1 % of premium over $5000 5% of first $5000 premium 1 % of premium over $5000 Property Casualty (Joint program with MS BAIT) Section 125 Workers Compensation (joint program with MSBAIT) 2 of p remium loo of annual fee .25% of premium