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Resolution 5356 - Approves MMIA Revised and Restated Interlocal AgreementRESOLUTION No, 5356 A RESOLUTION APPROVING AND ADOPTING THE MONTANA MUNICIPAL INTERLOCAL AUTHORITY REVISED AND RESTATED INTERLOCAL 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, school districts, 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 of them is authorized by law to perform; and WHEREAS, Mont. Code Ann. § 2-9-211, authorizes political subdivisions of the State, separately or jointly with other subdivisions, to procure Insurance to use a deductible or self-insurance plan, wholly or In part, and to establish a self- insurance or deductible reserve fund; and WHEREAS, Mont. Code Ann. § 2-9-211 authorizes political subdivisions or a board created pursuant to an Interlocal agreement, acting on behalf of such political subdivisions to issue and sell bonds or notes for the purposes of funding a self-insurance or deductible reserve fund; and WHEREAS, Mont. Code .Ann. § 2-15-702, authorizes cities and towns to enter into group hospitalization, medical, health, including long -terra disability, accident or group life insurance contracts or plans for the benefit of their officers and employees and their dependents; and WHEREAS, Mont. Code Ann. § 2--15-711, permits the establishment of group programs by local government entities to provide employee group benefits; 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; and 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; and WHEREAS, the governing board of each Member Entity has determined that it is in its own best interest, and in the public interest that this Agreement be executed and that it participate as a member of the public entity created by this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell hereby approves and adopts this Revised and Restated Interlocal Agreement. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF I ALISPELL, THIS 20TH DAY OF APRIL, 2009. ATTEST: Theresa White City Clerk