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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The Pool Member agrees to pay the annual contribution to the Fund in four(4)equal quarterly installments,in advance,commencing at the beginning of this Interlocal Agreement with subsequent installments due the first quarter thereafter. In the event this Interlocal Agreement is terminated as herein provided,the Fund shall promptly repay to the Pool Member any such unearned annual contribution prorated as of the date of termination and the Pool Member agrees during the term of this Interlocal Agreement to promptly pay all reimbursable deductibles upon receipt of statement. At the end of each and every Fund Year,the Fund may require the Pool Member to submit the actual data requested on the exposure summary as reflected by the books and records of the Pool Member.The Fund reserves the right to audit the records of any Pool Member and adjust contributions accordingly. In the event that the Pool Member fails or refuses to make the payments,including accrued interest,as herein provided,the Fund reserves the right to terminate such Pool Member by giving them ten(10)days' written notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. If the amounts owed, including reimbursable deductibles, must be collected by suit,the Pool Member agrees to pay attorneys'fees and costs incurred in such suit. 7. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity.Aggregate protection shall also be maintained.The Member's contributions shall be limited to that amount as calculated under this Interlocal Agreement.Notwithstanding anything to the contrary,the total combined aggregate limit of liability of the Fund for all Pool Members in any Fund Year,regardless of the number of occurrences or claims,shall be limited to the amount of money contained in the Fund.As to the Pool annual aggregate limits or the amount of money in the Fund,the Board of Trustees,in its sole discretion,may determine an allocation methodology among affected Pool Members should the Pool annual aggregate limit be reached,or should the money in the Fund be exhausted. 8. Notwithstanding the provisions of the foregoing paragraph, it is agreed the Board shall have the right to adjust the financial protection outlined above and/or amend coverages as it finds available or deems necessary to maintain the fiscal soundness of the Fund at the beginning of or during any Fund Year. 9. The Fund will make available loss control services to the Pool Members to assist them in following a plan of loss control that may result in reduced losses. The Pool Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations.In the event that the recommendations submitted seem unreasonable,the Pool Member has a right to appeal to the Board.The Board shall hear the objections of the Pool Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties. Any Pool Member who does not agree to follow the decision of the Board shall be withdrawn from the Fund immediately. 10. The Pool Member agrees that it will appoint a contact of department head rank,and the Fund shall not be required to contact any other individual except this one person. Any notice to or any agreements with the contact shall be binding upon the Pool Member. The Pool Member reserves the right to change the contact from time to time by giving written notice to the Fund. 11. The Fund agrees to handle all cyber liability and data breach response claims, and provide a defense for any and all cyber liability and data breach response claims covered under this Interlocal Agreement after prompt notice has been given. The Pool Member hereby appoints the Fund staff and Contractors as its agents to act in all matters pertaining to processing and handling of claims covered under this Interlocal Agreement and shall cooperate fully in supplying any information needed or helpful in settlement or defense of such claims. As respects cyber liability and data breach response claims, the Fund staff and Contractors shall carry on all negotiations with the claimant and his/her attorney, when applicable, and negotiate within authority previously granted by the Fund. If a personal appearance by the Pool Member or an employee is necessary,the expense of this appearance will not be the responsibility of the Fund. With the advice and consent of the Fund,the Fund staff and the Contractors will retain and supervise legal counsel for the prosecution and defense of any litigation.All decisions on individual cases shall be made by the Fund through the Fund staff and the Contractors, which include,but are not limited to,the decision to appeal or not to appeal, settlement negotiations,the decision of whether to settle, and other litigation tactics.However, any Pool Member shall have the right in any case to consult with the Fund on any decision made by the Fund staff or Contractors.The Board shall hear the objections of the Pool Member at its next regularly scheduled meeting and its decision will be final and binding on all parties.Any suit brought or defended by the Fund shall be brought or defended only in the name of the Pool Member and/or its officers or employees. There shall be supplied periodically to each Pool Member a computer printout involving a statement of claims.As respects the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan, the Fund shall have priority in enforcing its subrogation claims against the claims of Pool Member. 12. The Pool Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. 13. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm. 14. If legally required,the Fund shall cause to be filed the necessary tax forms with the Internal Revenue Service. Revised 04/2024