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Resolution 4109 - Modify MMIA Liability Program Agreement676 RESOLUTION NO. 4109 A RESOLUTION AUTHORIZING THE ADOPTION AND EXECUTION OF THE REVISED AND RESTATED LIABILITY PROGRAM AGREEMENT ENTERED INTO BETWEEN THE MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF KALISPELL DATED JULY 1, 1993; 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 AS FOLLOWS: SECTION . Authorization and Recitals. 1.01 The City of Kalispell is a Participant in the Liability Risk Retention Program of the Montana Municipal Insurance Authority. 1.02 The Participant has previously adopted and executed the Liability Insurance Coverage Program Agreement dated as of August 15, 1986 between the Montana Municipal Insurance Authority and the Participant. 1.03 The Participant has also previously adopted and executed the First Amendment to Liability Insurance Coverage Program Agreement dated as of March 1, 1993 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. SECTION II. Findings. It is hereby found, determined, and declared that: (a) The Liability 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 general liability insurance at reasonable rates; (b) It is in the best interest of the Participant to continue its participation in the Liability Risk Retention Program and to this end the terms and conditions set forth in the First Amended and Restated Liability Program Agreement dated July 1, 1993 are 1 1 M 677 necessary, desirable and proper to achieve the goals of the Liability Risk Retention Program, and the representations, covenants and recitals made therein by the Participant are true, valid and correct. SECTION III. Authorization and Approval of the Amended and Restated Liability Program Agreement dated July 1, 1993. The Participant is hereby authorized to continue its participation in the Liability Risk Retention Program and to execute the First Amended and Restated Liability Program Agreement dated July 1, 1993. 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 Amended and Restated Liability Program Agreement dated July 1, 1993 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. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 19th DAY OF Jul , 1993. Dougla D. Rauthe, Mayor ATTEST: y H. Robertson Finance Director M 2