Resolution 5358 - Approves MMIA Liability Program AgreementRESOLUTION NO.53SS
A RESOLUTION APPROVING AND ADOPTING THE MONTANA MUNICIPAL
INTERLOCAL AUTHORITY AMENDED AND RESTATED LIABILITY COVERAGE
PROGRAM AGREEMENT,
WHEREAS, the City of Kalispell 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 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, 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, by executing this Revised and Restated Liability Program Agreement the Member
Entity signatory hereto has heretofore determined and does hereby confirm that
the Assessments and other charges required by the Liability 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
K.A.LISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell hereby approves and adopts this Amended and
Restated Liability Coverage Program Agreement.
PASSED AND APPROVED BY THE CITY COUNCIL AND SICKED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20TH DAY OF APR.IL, 2009.
amela j1J. Kennedy'
Mayor
ATTEST:
Theresa White
City Clerk