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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