Resolution 5357 - Approves MMIA Revised and Restated Workers' Compensation Program AgreementRESOLUTION NO. 5357
A RESOLUTION APPROVING AND ADOPTING THE MONTANA MUNICIPAL
INTERLGCAL AUTHORITY REVISED AND RESTATED WORKERS'
COMPENSATION PROGRAM AGREEMENT.
WHEREAS, the City of Kalispell, Montana is duly organized under the laws of the State of
Montana; and
WHEREAS, Article XI, Section 7 of the Montana Constitution provides that a political
subdivision may a) cooperate in the exercise of any function, power, or
responsibility with, b) share the services of any officer or facilities with, and c)
transfer or delegate any function, power responsibility, or duty of any officer to
one or more other local government units, the state or the United States; and
WHEREAS, Mont. Code Ann. Title 7, Chapter 11, Part 1, (the Interlocal Cooperation Act)
authorizes political subdivisions to create Interlocal agreements to jointly perform
any undertaking that each such political subdivision unit is authorized by law to
perform.; and
WHEREAS, Mont. Code Ann. § 2-9-211, authorizes political subdivisions of the State to
procure insurance separately or jointly with other subdivisions, and to use a
deductible or self-insurance plan, wholly or in part; and
WHEREAS, Mont. Code Ann. § 39-71--403, authorizes public corporations, which term
includes cities and towns, to self -insure, either separately or jointly with other
public corporations for workers' compensation coverage;
WHEREAS, the Montana Municipal Interlocal Authority (Authority) is a joint exercise of
powers entity established pursuant to an Interlocal Cooperation Agreement in
accordance with the provisions of the Interlocal Cooperation Act for the purpose
of providing pooled risk coverage programs for the Member Entity and other
political subdivisions executing the Interlocal Agreement; and
WHEREAS, the Authority is authorized to exercise necessary powers to implement the
purposes of the Authority as established by the Interlocal Agreement;
WHEREAS, by executing this Revised and Restated Workers' Compensation Program
Agreement, the Member Entity signatory hereto has heretofore determined and
does hereby confirm that the Assessments and other charges required by the
Workers' Compensation Program have been and are just and reasonable and
advantageous to the public benefit of the citizens of such Member Entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY" COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell hereby approves and adopts this Revised and
Restated Workers' Compensation Program Agreement with a delayed
effective date of September 1, 2010.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20TH DAY OF APRIL, 2009.
ATTEST:
Theresa White
City Clerk