Resolution 4763 - Adoption of Second Amended Revised and Restated Workers' Comp Risk Retention Program AgreementRESOLUTION NO. 4763
A RESOLUTION AUTHORIZING THE ADOPTION AND EXECUTION OF THE
SECOND AMENDED REVISED AND RESTATED WORKERS' COMPENSATION
RISK RETENTION PROGRAM AGREEMENT ENTERED INTO BETWEEN THE
MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF
KALISPELL DATED AS OF DECEMBER 1, 2002; AND AUTHORIZING THAT THE
ADOPTION AND EXECUTION OF ANY AMENDMENT THERETO MAY BE MADE
BY MOTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL (THE
PARTICIPANT) AS FOLLOWS:
Section I. Authorization and Recitals.
1.01 The City of Kalispell is a Participant in the Workers' Compensation Risk
Retention Program of the Montana Municipal Insurance Authority.
1.02 The Participant has previously adopted and executed the Original Revised
and Restated Workers' Compensation Risk Retention Program Agreement
dated as of October 1, 1990, between the Montana Municipal Insurance
Authority and the Participant.
1.03 The Participant has also previously adopted and executed the First
Amendment to the First Revised and Restated Workers' Compensation
Risk Retention Program Agreement dated as of February 1, 1994 between
the Montana Municipal Insurance Authority and the Participant.
1.04 The Participant is authorized by Section 2-9-211, Montana Code
Annotated, and Title 7, Chapter 11, Part 1, Montana Code Annotated (the
Interlocal Cooperation Act) to enter into agreements for the purpose of
obtaining liability insurance in cooperation with other local governmental
entities; and is thereby authorized to enter into such agreements as may be
necessary to effect the purposes of those statutes.
1.05 The Montana Municipal Insurance Authority and the Participant, under
Section 8.3 of the Original Revised and Restated Agreement, and the First
Amendment to the First Revised and Restated Workers' Compensation
Risk Retention Program Agreement dated as of February 1, 1994, reserved
the right to amend such Agreement(s).
Section II. Findings.
It is hereby found, determined and declared that:
(a) The Workers' Compensation Risk Retention Program of the Montana
Municipal Insurance Authority provides an immediate and long-term
solution to the Participant's inability to obtain primary or excess workers'
compensation insurance or reinsurance at reasonable rates;
(b) It is in the best interest of the Participant to continue its participation in the
Workers' Compensation Risk Retention Program and to this end the terms
and conditions set forth in the Second Amended Revised and Restated
Workers' Compensation Risk Retention Program Agreement dated as of
December 1, 2002 are necessary, desirable and proper to achieve the goals
of the Workers' Compensation Risk Retention Program, and the
representations, covenants and recitals made therein by the Participant are
true, valid and correct;
(c) It is in the best interest of the Participant and the Montana Municipal
Insurance Authority to authorize the use of funds by the Authority to
purchase, otherwise acquire, or participate in group or captive liability
insurance, excess insurance or reinsurance programs.
Section III. Authorization and Approval of the Second Amended Revised and
Restated Workers' Compensation Risk Retention Program
Agreement dated December 1, 2002.
The Participant hereby authorizes its continued participation in the
Workers' Compensation Risk Retention Program and the execution of the
Second Amended Revised and Restated Workers' Compensation Risk
Retention Program Agreement dated as of December 1, 2002.
Section IV. Authorization to Approve Future Amendments to the Program
Agreement by Motion.
The Participant is hereby authorized to approve the adoption of any
amendments to and execution of any amendments to the First Amendment
to the First Revised and Restated Workers' Compensation Risk Retention
Program Agreement dated as of February 1, 1994 or any successor
Program Agreement thereto by motion duly made, seconded and
approved.
Section V. Effective Date.
This Resolution shall become effective immediately upon its passage and
approval, unless such Resolution occurs after December 1, 2002. If this
Resolution occurs after December 1, 2002, this Resolution shall be
deemed retroactively effective on December 1, 2002.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16TH DAY OFA51RCE BER, 2002.
Pamela B. Kenne
Mayor
ATTEST:
The'fesa White
City Clerk