|
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL ADVANTAGES TO BE DERIVED
<br />THEREFROM, AND IN CONSIDERATION OF THE EXECUTION OF THIS AGREEMENT BY OTHER
<br />AGENCIES, each of the parties hereto does agree with each of the other parties as follows:
<br />CREATION OF THE JOINT POWERS ENTITY
<br />A Joint Powers Entity, separate and apart from the agencies signatory hereto, shall be and is hereby created and
<br />shall hereafter be designated as the Local Agency Workers' Compensation Excess Joint Powers Authority
<br />("Authority").
<br />2. FUNCTIONS OF THE AUTHORITY
<br />A, The Authority is established for the purposes of administering this Agreement, pursuant to the Joint
<br />Powers provisions of the California Government Code, and of providing the services and other items
<br />necessary and appropriate for the establishment, operation, and maintenance of a joint group program
<br />for "Workers' Compensation Excess" to benefit the "Members", and to provide a forum for
<br />discussion, study, development, and implementation of recommendations of mutual interest regarding
<br />other joint programs.
<br />B. THE FUNCTIONS OF THE AUTHORITY ARE:
<br />(1) To provide a joint program and system, as described in this Agreement, the Bylaws, and the
<br />Memorandum of Coverage and give to each "Member", of the Authority, "Workers'
<br />Compensation Excess".
<br />(2) To perform, or contract for the performance of, the financial administration, policy
<br />formulation, claim service, legal representation, safety engineering, arid other development as
<br />necessary for the payment and handling of all claims against "Members" reimbursable under
<br />the "Workers' Compensation Excess".
<br />(3) To pursue "Member's" right of subrogation against a third party when the Authority decides
<br />such action is appropriate.
<br />(4) To enter into contracts.
<br />(5) To obtain insurance coverage for the "Members" and/or the Authority as determined
<br />appropriate by the Board of Directors.
<br />(6) To acquire, hold, and dispose of property, real and personal, all for the purpose of providing
<br />the membership with the necessary education, study, development, and implementation of a
<br />joint program of the "Workers' Compensation Excess" including, but not limited to, the
<br />acquisition of facilities and equipment, the employment of personnel, and the operation and
<br />maintenance of a system for the handling of the joint program.
<br />(7) To incur debts, liabilities, and obligations necessary to accomplish the purposes of this
<br />agreement.
<br />(8) To receive gifts, contributions, and donations of property, funds, services, and other forms of
<br />assistance from persons, firms, corporations, associations, and any governmental entity.
<br />(9) To invest surplus reserve funds as deemed appropriate by the Board of Directors and as
<br />subject to law.
<br />(10) To provide a forum for discussion, study, development, and implementation of
<br />LAWCX AGkEEMENT (3/19/92 ed) June 1 S, 1992 2
<br />
|