HomeMy WebLinkAboutResolution 4159 Approving and Adopting the Montana Municipal Interlocal Authority revised and restated Workers' Compensation Program AgreementCOMMISSION RESOLUTION N0.4159
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING AND ADOPTING THE MONTANA MUNICIPAL
INTERLOCAL AUTHORITY REVISED AND RESTATED WORKERS'
COMPENSATION PROGRAM AGREEMENT
WHEREAS, the City of Bozeman (Member Entity) 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 bylaw 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; and,
NOW THEREFORE, BE IT RESOLVED THAT the City of Bozeman hereby
approves and adopts this Revised and Restated Workers' Compensation Program Agreement
with a delayed effective date of September 1, 2010.
PASSED AND ADOPTED this 11th day of May, 2009.
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KAAREN JACO SON
Mayor
ATTEST:
6
TA MEN, CMC
City
APPROVED AS TO FORM:
GRE SULLIVAN
City ttorney