RES 10385 - Laserfiche WebLink

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF THE EXECUTION OF THIS AGREEMENT BY OTHER AGENCIES, each of the parties hereto does agree with each of the other parties as follows: CREATION OF THE JOINT POWERS ENTITY A Joint Powers Entity. separate and apart from the agencies signatory hereto. shall be and is hereby created and shall hereafter be designated as the Local Agency Workers' Compensation Excess Joint Powers Authority ( "Authority "). 2. FUNCTIONS OF THE AUTHORITY A. The Authority is established for the purposes of administering this Agreement. pursuant to the Joint Powers provisions of the California Government Code, and of providing the services and other items necessary and appropriate for the establishment, operation, and maintenance of a john group program for "Workers' Compensation Excess" to benefit the "Members ", and to provide a forum for discussion, study, development, and implementation of recommendations of mutual interest regarding other joint programs. B. THE FUNCTIONS OF THE AUTHORITY ARE: (1) To provide ajoint program and system, as described in this Agreement. the Bylaws, and the Memorandum of Coverage and give to each "Member", of the Authority. "Workers' Compensation Excess ". (2) To perform, or contract for the performance of. the financial administration, policy formulation, claim service. legal representation, safety engineering. and other development as necessary for the payment and handling of all claims against "Members" reimbursable under the "Workers' Compensation Excess'. (3) To pursue "Member's" right of subrogation against a third party when the Authority decides such action is appropriate. (4) to enter into contracts. (5) To obtain insurance coverage for the "Members" and /or the Authority as determined appropriate by the Board of Directors. (6) To acquire, hold, and dispose of property, real and personal, all for the purpose of providing the membership with the necessary education. study, development, and implementation ofa joint program of the "Workers' Compensation Excess" including, but not limited to. the acquisition of facilities and equipment, the employment of personnel. and the operation and maintenance of a system for the handling of the joint program. (7) To incur debts, liabilities. and obligations necessary to accomplish the purposes of this agreement. (8) To receive gifts, contributions, and donations of property, funds. services, and other forms of assistance from persons, firms, corporations, associations. and any governmental entity. (9) To invest surplus reserve funds as deemed appropriate by the Board of Directors and as subject to law. I �WCX A(iRIEME (3/19/92 edr June IS 1992 2