Res 2024-149 approving an Interlocal Agreement with Pool Members through the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) to form a joint self-insurance pool to be named the Texas Municipal League

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Texas Municipal League Intergovernmental is Pool 1821 Rutherford Lane, First Floor- Austin, Texas 78754 CYBER LIABILITY AND DATA BREACH RESPONSE INTERLOCAL AGREEMENT This Contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as "Pool Members")to form ajoint self-insurance pool to be named the Texas Municipal League Joint Cyber Liability and Data Breach Response Self- Insurance Fund (hereinafter referred to as the"Fund")for the purpose of providing coverages against risks which are inherent in operating a political subdivision. WITNESSETH: The undersigned Pool Member, in accordance with Chapter 2259,Texas Government Code,the Interlocal Cooperation Act,Tex. Gov't Code § 791.001, et seq., and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW-347,May 29, 1981), and in consideration of other political subdivisions executing like agreements, does hereby agree to become one of the Pool Members of this self- insured pool.The conditions of membership agreed upon by and between the parties are as follows: 1. Definitions of terms used in this Interlocal Agreement. a. Board.Refers to the Board of Trustees of the Fund. b. Fund Year. 12:01 a.m.October I through 12:01 a.m,the following October 1. c. Manual Rates.The basic rates applicable to each cyber liability and data breach response classification promulgated by the Insurance Service Office or the Board. d. Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan. The Cyber Liability and Data Breach Response Coverage Document that sets forth in exact detail the coverages provided as part of the overall plan. e. Adjustments. Refers to any offsets to manual premium that may result from the Pool Member's election of deductibles, loss ex- perience,or Fund Modifier which reflects the savings to the Pool Member by entering into this Interlocal Agreement. f. Premium and Contribution. Used interchangeably in some parts of this Interlocal Agreement. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall be deemed for convenience only and is not construed as being contrary to the self-insurance concept except where the context clearly indicates no other possible interpretation such as but not limited to the reference to"reinsurance." g. Reimbursable Deductible.The amount that was chosen by this Pool Member to be applicable to the first monies paid by the Fund to effect judgment or settlement of any claim or suit.The Pool Member,upon notification of the action taken,shall promptly reimburse the Fund for all or such part of the deductible amount as has been paid by the Fund.Further,however,the Fund's obligation to pay damages shall be subject to the limits of liability stated in the Declarations of Coverage or Endorsements to this Interlocal Agreement less the stated deductible amount. h. Fund Modifier. A percentage figure that is applied to the manual rates by the Fund to reflect the savings to the Pool Member by entering into this Interlocal Agreement. i. Agreement Period,The continuous period since the Pool Member first became a member of this Fund excluding,however,any period or periods of time therein that the member did not participate as a member of the Pool. j. Declarations of Coverage.The specific indication of the coverages,limits,deductibles,contributions,and special provisions elected by each individual Pool Member.The Declarations of Coverages may be modified by Endorsement. 2. The Board, acting through its agents and Fund staff, is responsible for the administration of all Fund business on behalf of the Pool Members. 3. In consideration of the execution of this Interlocal Agreement by and between the Pool Member and the Fund and of the contributions of the Pool Member,the coverage elected by the Pool Member is afforded according to the terms of the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan. The affirmative declaration of contributions and limits of liability in the Declarations of Coverage and Endorsements deterinine the applicability of the Self-Insurance Plan. Revised 04/2024