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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; .. ---..--..-- -----...--..--------- (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 - 2 - ----- -- ------- - __ _______ _00- ______ __ __