HomeMy WebLinkAboutResolution 3562 Authorize execution of revised Worker's Comp agreement with MMIA
COMMISSION RESOLUTION NO. 3562
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE ADOPTION AND EXECUTION OF THE SECOND
AMENDED REVISED AND RESTATED WORKERS' COMPENSATION RISK
RETENTION 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 Workers'
Compensation Risk
Retention Program of the Montana Municipal Insurance Authority.
1.02 The Participant has previously adopted and executed the Original Revised
and Restated Workers' Compensation Risk Retention Program Agreement dated as
of October 1, 1990, between the Montana Municipal Insurance Authority and the
Participant.
1.03 The Participant has also previously adopted and
executed the First
Amendment to the First Revised and Restated Workers' Compensation Risk Retention
Program Agreement dated as of February 1, 1994, 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 Original Revised and Restated Agreement, and the First Amendment to the
First Revised and Restated Workers' Compensation Risk Retention Program
Agreement dated as of February 1, 1994, reserve the right to amend such
Agreement(s).
Section 2. Findings.
It is hereby found, determined and declared that:
(a) The Workers' Compensation 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 workers' compensation insurance or
reinsurance at reasonable rates;
(b) It is in the best interest of the Participant
to continue its participation in the
Workers' Compensation Risk Retention Program and to this end the terms and
conditions set forth in the Second Amended Revised and Restated Workers'
Compensation Risk Retention Program Agreement dated as of December 1,2002, are
necessary, desirable and proper to achieve the goals of the Workers' Compensation
Risk Retention Program, and the representations, covenants and recitals made therein
by the Participant are true, valid and correct;
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(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 ADDroval of the Second
Amended Revised and Restated
Workers' ComDensation Risk Retention Proaram Aareement dated December 1. 2002.
The Participant hereby authorizes its continued participation
in the Workers' Compensation Risk
Retention Program and the execution of the Second Amended Revised and Restated Workers'
Compensation Risk Retention Program Agreement dated as of December 1, 2002.
Section 4. Authorization to ADDrove Future Amendments
to the Proaram Aareement bv
Motion.
The participant is hereby authorized to approve the
adoption of any amendments to and execution
of any amendments to the First Amendment to the First Revised and Restated Workers' Compensation
Risk Retention Program Agreement dated as of February 1, 1994, 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 of the City
of Bozeman, Montana, at a regular
session thereof held on the 9th day of December 2002.
~1~
STEVE ; KIRC OFF, May
ATTEST:
(]~ci ~
ROBIN L. SULLIVAN
Clerk of the Commission
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