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4.1 Authorized Powers. <br />Pursuant to Minn. Stat. § 471.59, subd. 2, in addition to any other powers specifically delegated <br />to the Advisory Council by this Agreement, the Advisory Council is hereby authorized to: <br />4. RIGHTS AND RESPONSIBILITIES OF THE ADVISORY COUNCIL <br />a) establish, procure, and administer the Plan and the Trusts; <br />b) define and clarify requests for proposals, rights and responsibilities, length of contract, <br />premium or contribution rates and other costs, termination guidelines, the relative <br />liability of the parties, and the method(s) by which parties to this Agreement shall <br />exercise their common powers; and <br />receive, collect, hold, invest, expend and disburse contributions to the Trusts in <br />connection with the exercise of its powers under this Agreement; and <br />adopt Bylaws, which shall provide for the operation and administration of the Advisory <br />Council, and adopt other operating policies and procedures to direct and document the <br />specific activities of REBA. <br />4.2 Reserves. <br />The Advisory Council shall from time to time determine the minimum amount of funds needed for <br />purposes of risk management, administration, and other needs of the Plan and Trusts. Any such funds <br />shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. <br />4.3 Administrative Services Agreements. <br />The Advisory Council may negotiate one or more Administrative Services Agreements for the <br />benefit of REBA with respect to the Plan and the Trusts. Such Administrative Services Agreements may <br />establish, among other things: <br />a) the applicable responsibilities of the Provider; <br />b) the applicable responsibilities of the Advisory Council; and <br />c) the amount of service fees payable to the Provider. <br />4.4 Liability Limited. <br />The Advisory Council, its authorized representatives, employees and designees shall have no duty <br />or liability due to negligence of Adopting Employers or Providers. When it is not exercising the joint <br />powers authorized by this Agreement (and therefore not acting as the Advisory Council), the Advisory <br />Council shall have no duty or obligation whatsoever to act for the benefit of the Adopting Employers. <br />© HaynesHitesman, PC 4 <br />2005 REBA Joint Powers Agmt <br />