HomeMy WebLinkAboutResolution 3563 Authorize execution of revised Liability Agreement with MMIA
COMMISSION RESOLUTION NO. 3563
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE ADOPTION AND EXECUTION OF THE SECOND
AMENDED AND RESTATED LIABILITY INSURANCE COVERAGE PROGRAM
AGREEMENT ENTERED
INTO BETWEEN THE
MONTANA MUNICIPAL
INSURANCE AUTHORITY AND THE CITY OF BOZEMAN, DATED AS OF
DECEMBER 1, 2002; AND AUTHORIZING THAT THE ADOPTION AND
EXECUTION OF ANY AMENDMENT THERETO MAY BE MADE BY MOTION.
BE IT RESOLVED by the City Commission of the City of Bozeman, Montana (the Participant),
as follows:
Section 1. Authorization and Recitals.
1.01 The City of Bozeman 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 Amended
and Restated Liability Insurance Coverage Program Agreement dated as of July 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.
1.05 The Montana Municipal Insurance Authority and
the Participant, under Section
8.3 of the First Amended and Restated Liability Insurance Coverage Program
Agreement reserved the right to amend such Agreement(s).
Section 2. Findinas.
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 or reinsurance 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 Second Amended and Restated Liability Program Agreement dated as of December
1, 2002, are 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;
(c) It is in the best interest of the Participant and the Montana Municipal
Insurance Authority to authorize the use of funds by the Authority to purchase, otherwise
acquire, or participate in group or captive insurance, excess insurance or reinsurance
programs.
Section 3. Authorization and Approval of the Second
Amended Revised and Restated
Liability Proaram Aareement dated December 1. 2002.
The Participant hereby authorizes its continued participation
in the Liability Risk Retention
Program and the execution of the Second Amended and Restated Liability Program Agreement dated as
of December 1, 2002.
Section 4. 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 5. Effective Date.
This resolution shall become effective immediately upon
its passage and approval, unless such
resolution occurs after December 1, 2002. If adoption of this resolution occurs after December 1, 2002,
this resolution shall be deemed retroactively effective on December 1, 2002.
PASSED AND ADOPTED by the City Commission ofthe City
of Bozeman, Montana, at a regular
session thereof held on the 9th day of December 2002.
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ST~EN . KIR H FF, Mayor .
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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