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04-07-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL April 7, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Ci of Sc ertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Stephen E. Prescod, Church of the First Born) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Proclamations • Proclamation recognizing "Child Abuse Prevention & Awareness Month" (Mayor Carpenter /Christy Williams /Dixie Bane) • Proclamation recognizing "National Crime Victim's Week" (Mayor Carpenter /Christy Williams/Dixie Bane) • Proclamation recognizing "Sexual Assault Awareness & Prevention Month" (Mayor Carpenter /Christy Williams /Dixie Bane) Presentations • Presentation awards regarding the 2015 Wilenchik Walk/Run. (B. Cantu /M. Spence) Workshop Session • Discussion and update of the status of the design of the aquatic facility and the proposed Construction. Manager at Risk (CM @R) Agreement. (J. Kessel /P. Gaudreau) 04 -07 -2015 Council Agenda • Discussion and direction regarding the use of hand held devices while driving and distracted driving generally. (Mayor /Council) • Discussion and direction regarding forming a permanent committee of committees. (Mayor /Council) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular Meeting of March 24, 2015. Q. Kessel /B. Dennis) 2. Ordinance No. 15 -T -11 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to fund the Crime Victim Liaison and the Communication Shift Supervisor positions. Final Reading (J. Bierschwale /M. Hansen) 3. Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding ratifying resignations on the Economic Development Corporation and Library Board. (Mayor /Council /B. Dennis) Discussion and Action Items 4. Resolution No. 15 -R -26 - Consideration and/or action approving a Resolution authorizing a Crime Victims' Liaison Interlocal Agreement with the City of Cibolo and the City of Live Oak. (J. Bierschwale /D. Wait/M. Hansen) 04 -07 -2015 City Council Agenda Page - 2 - 5. Ordinance No. 15 -D -12 — Consideration and/or action approving an Ordinance extending State and Local Traffic Rules to Private Roads located within the Carolina Crossing South Subdivision as specified; establishing Legislative findings in support thereof; establishing stop intersection locations and setting a maximum speed limit for said streets. First Reading (B. James /K. Woodlee) 6. Resolution No. 15 -R -27 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement for EMS Billing Services with Glasscock County. (J. Kessel/D. Wait) 7. Resolution No. 15 -R -28 — Consideration and/or action approving a Resolution authorizing a Commercial Lease Agreement and Temporary Use Agreement with the Schertz Chamber of Commerce. (B. Cantu /J. Kurz) 8. Seating a Bond Committee — Discussion and/or action regarding the seating of a bond committee. (Mayor /Council) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment 04 -07 -2015 City Council Agenda Page - 3 - CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF APRIL 2015 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevkAl2 Devwl'bs Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee 04 -07 -2015 City Council Agenda Page - 4 - Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 04 -07 -2015 City Council Agenda Page - 5 - Worksession B CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: City Council Subject: Workshop Discussion — Discussion and direction regarding the use of hand held devices while driving and distracted driving generally. Mayor Carpenter requested this item be placed on the agenda for discussion and direction. FISCAL IMPACT None RECOMMENDATION Mayor and Council to discuss and provide appropriate direction as they deem appropriate. Worksession C CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: City Council Subject: Discussion and direction regarding forming a permanent committee of committees BACKGROUND As a result of the City Council Workshop meeting of March 31, 2015 . discussions with the Council and the Mayor's Task Force, Mayor Carpenter requested that an item be placed on the agenda for discussion and possible action regarding forming a permanent committee of the committees comprised of a representative of most of the City's permanent Boards, Commissions, Committees and Corporations. The creation of such a committee would require a City Council resolution. If so directed, Staff would draft the resolution for Council action at a later date. FISCAL IMPACT None at this time. RECOMMENDATION Mayor and Council to discuss and provide appropriate direction. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on March 24, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of March 24, 2015. ATTACHMENT Minutes — Regular meeting March 24, 2015. MINUTES REGULAR MEETING March 24, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 24, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: Deputy City Manager John Bierschwale Interim Executive Director Dudley Wait City Attorney Charles Zech Councilmember Jim Fowler was absent. Mayor Carpenter called the meeting to • • Presentations :)vided the invocati the State of Texas. like to fe; -tion first. Mayor Pro -Tem Cedric Edwards City Manager John vessel Executive Director Brian James Chief of Staff Bob Cantu Citv Secretary Brenda Denni by the Pledges of Allegiance to the the order of the agenda this evening and the presentations he wanted to recognize the Commissioner, Jim Wolverton, Guadalupe County Dr. Greg Gibson, Superintendent of the Schertz- Cibolo- Universal City Independent School District (SCUCISD) Lt. Col. Robin Baldwin, 12th Flying Wing Randolph Air Force Base • Awards presentation SCUCISD /Historical Preservation Committee Essay and Art Contest. (B. Dennis /D. Weirtz /J. Webb /B. Hall) 03 -24 -201.5 Minutes Page -1- Mayor Carpenter recognized Schertz Historical Preservation Committee Chair Dean Weirtz who stated they were here tonight to honor students of the Schertz- Cibolo- Universal City Independent School District (SCUCISD). He stated this art contest is one element in collaboration between Schertz- Cibolo- Universal City Independent School District (SCUCISD) and the Schertz Historical Preservation Committee to get students involved in learning about local area history and local government. Ms. Becky Williams, SCUCISD Social Studies Coordinator, was the driving force in making this event a success. The contest was; open to all students with entries from and judging by the following grade categories: K-2, 3 -4,,, 5 -6, 9 -12. Students had to submit both an original art work the theme "How the history of my local area imp. 50 entries were received and judges included SC of Schertz staff. The winners in each grade categ Mayor Carpenter, Dr. Greg Gibson, Mr. Dean Williams presented the following students with tllt 1st Place K -2 — Davis Refienberg 3 -4 — Joshua Bremer 5 -6 — Dakota Dickerson 9 -12 — Theresa Phan 3rd Place K -2 - Eveli; K -2 - Hope 3 -4 - Paxkei 3-4,,- Ilia - iviauumi - Sydney 2 —a Place: K -2 - Bailey Pruitt K -2 - McKa:yla Bu 3 74 - Alina Cx Vill Mr. Weirtz stated he , wanted to thank all the students, parents and teachers who participated in this event. This will be an annual contest and they hope to have more students participate in =the future! SCUCISD and the Historical Preservation Committee have many other events planned to get all students involved. Chair Weirtz presented Ms. Becky Williams- a certificate recognizing all her efforts for making this a successful event. He also thanked City secretary Brenda Dennis for her assistance on this project. • FY 2013 -1.4 Comprehensive Annual. Financial. Report (CAFR) (J..Kessel /J. Santoya/R. Galindo /D. Fraser) Mayor Carpenter recognized Ms. Debbie Fraser with Armstrong, Vaughn & Associates who provided information on the recent audit answering questions from Council. 03 -24 -201.5 Minutes Page - 2 - Ms. Frazer first thanked the Finance Department who had to pull a lot of documents for them. She stated the audit is broken into three parts: 1) Introductory Section, 2) Financial Section, and the 3) Statistical Section. She spoke on the following items: • Page 2 & 3: You received an unmodified opinion which stated the financial statements were fairly stated and materially correct after adjustments. • At the years end there were total assets of $11.8 million; $7.5 million of this was cash and investments; liabilities of $2.1 million; unavailable revenues of $2 million; and a total fund balance of $7.7 million. • The unassigned fund balance is $5,587,262. That along with the assigned balance is actually 32% of the operating cost. The city's I goal for this year was 25 %. Remember that about 4 or 5 years ago the city had only one month of operating expenditures in place and now there is almost a4 month reserve. The city is shy of 4 months by only 1%. The mayor commented that having a strong cash reserve position is very exciting. This is largel. made possible by the city staff and their careful managing of the city money. • Page 57 & 58: General Fund Budget to Actual. At year's end the city budgeted $21.5 million in revenues and actually, , � ought in $22,102,000," resulting in a favorable variance of $582,000. This was,, result of an increase in sales tax and CPS franchise tax plus a little property tax but not much. The city actually budgeted to spend $21.3 million but spent almost $20 million, resulting in a favorable variance of $1.3 millio n, ,Net change an fund balance resulted in a $1.7 million increase; thus the fund balance increased from $6 million to $7.7 million. • Effective next year the Government Accounting Standards Board (GASB) issued a new pronouncement - GASB 68,,,- which guides how we need to record defined pensibit= tans. On the city's full accrual statements you will have to recognize a liability of X15 million. • The funding rtiq for the city is, trending up, which is good. • . Page 25 & 26 -,, this is the statement of net position of the proprietary funds (water, sever and E,l S). At the end of the year the total assets for both funds were$ 6.9 Ilion and. the 'total liabilities were $ 16.9 million with a total net positon of $70 million and $1.6.5 million of that is unrestricted. o Statement of .avenue Expenses and Changes in Fund Balance. Total operating revenue for both funds were $23.7 million, operating expenses were $21.5 million. Operating income increased by $2.2 million; total non - operating revenue expenses of $57,000; a couple of transfers in and out and capital contributions from developers of $2.8 million with an increase of net position of $5.1 million; net position at year end of $70 million. o Last ten fiscal years of fund balance. Since 2009 the city had an assigned fund balance of about $1.47 million, and now you are at $6.3 million. In the back of the book behind the statistical section there is a 10 year analysis if you are interested in looking at it. Mayor Carpenter recognized Councilmember Edwards who stated he wanted to thank Ms. Fraser and her firm for all their great work on the city audit. 03 -24 -2015 Minutes Page - 3 - Special Recognition Employee and Community Recognition (D. Wait) Mayor Carpenter recognized Interim Executive Director Dudley Wait who provided information regarding an event that took place on November 21, 2014. The following individuals were instrumental in going to Mr. Joe Bredberg's aid when he suddenly went into cardiac arrest at a local convenience store in Schertz. Mr. Wait recognized the following individuals who were presented with certificates: - Dallas Hopper, Schertz PD -Steve Rolison, Schertz PD - Hayden Henshaw, Acadian EMS - Jessica Trevino, Acadian. EMS Mr. Wait stated the Schertz responder team that night included Fire Department Engine 2 staff, Mack Melancon, John Hernandez, Jesse Ruiz; mid Justin Schwersinske, along with EMS staff, Eddie Rodriguez, Jose, Hernandez, Matthew Gonzales, and shift commander Matt Troncoso. Proclamation • Proclamation recognizing Arthur Mancinas. (Mayor Carpenter) Mayor Carpenter stated that recently he had received an email from a neighbor of Mr. Mancinas. As he read the e -mail he realized that here was a person who exemplifies what has made Schertz great for the last 60 years; a person who gives to the community and shares what he has with the people around him. The mayor proceeded to read the proclamation and congratulated Mr. Mancinas on his unselfish contributions to his 03 -24 -2015 Minutes Page - 4 - friends and neighbors in the community. Mr. Mancinas thanked his neighbor and his wife. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Ms. Maggie Titterington Schertz Chamber President who provided information on the recent Taste of the Town Event. Ms. Titterington also invited Council to the Grand Opening for Main's Cigar Shop, 1.07 E. Wright Blvd., Universat City on Friday March 27, 2015. Ms. Titterington also stated that she is currently:working with the committee on the upcoming Dog Park Grand Opening and fund raiser. • Ms. Mariam Ward, 2015 Clemens Project information on upcoming events to raise fui challenge to Mayor, Council and Managerx received sponsorships from the City of Selms • Mr. Glen Outlaw, 3729 Forsyth Park, who prohibiting the use of Hand -Held Mobil Commu iduation, who came ., providing or the project. Ms. ard also issued a staff sta as she stated that she has already I other numerous local businesses. against a proposed ordinance Devices. ourt, also representing the 12th Flying Wing tt growth it this area has created some ,e very happy, with the cooperation they have ago they came to us in a crisis wondering if ale. They see Schertz as their most important and they look forward to continue working p I eter stated that the city shares that commitment with the base and have been losely With them to protect their mission here. It has always been a close p for 401 and 50 years and we will continue to follow the direction and given to us by the base. City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Director of Development Services Brian James who provided the following announcements: • Thursday, March 26, 2015, Pre - Budget Community Meeting, 6:30 p.m. Schertz United Methodist Church, 3460 FM 3009. • Saturday, March 28, 2015, BVYA Opening Day Event, Parade and Opening Ceremonies 8:30 a.m. 03 -24 -2015 Minutes Page - 5 - • Saturday, March 28, 2015, Grand Opening for the Crossvine, 10:00 a.m., 9901 Hollering Vine. • Tuesday, March 31, 2015, City Council and Mayor's Task Force Workshop, 6:00 p.m., Schertz Civic Center Blue Bonnet Room. • Thursday, April 9, 2015, . Community Volunteer Fair and Open House, 5:30 p.m., Schertz Civic Center. • Friday, April 24, 2015, 6th Annual Schertz /Cibolo Lions Club Casino Night, Schertz Civic Center 7:00 p.m. • Announcements and recognitions by City Manager (J. No announcements provided at this time. Workshop Session • Discussion and possible action re outside the Council Chambers. (Ma Mayor Carpenter recognized May that we have an offsite council trio Association locations, local churcl have to consider some things such to the Senior Center at least once. meetings who said he wanted to suggest :c suggested some Home Owner ,Community Center. We would ult4 media. We should go back kzzoz.;vho stated he liked the idea and we Steele High School; get the community . Councilmember Thompson agreed and ed Methodist Churches; both have new Additionally, Councilmember Edwards ie wanted everyone to also consider that the City Secretary has ;ordig and collecting minutes of the meeting. Any time they -rs it will be extra work for her. He suggested they provide (via e -mail to her and include him); then she can provide her Discussion an possible action regarding a proposed Ordinance prohibiting the use of Hand -Held Mobile Communication Devices and Portable Electronic Devices while operating a motor vehicle. (J. Bierschwale /M. Hansen) Mayor Carpenter recognized Police Chief Michael Hansen who stated this past January Council had requested staff look into the possibility of creating our own city ordinance involving hands free cell phone usage. They got together with our legal staff and strived to put together something a little less ambiguous than San Antonio's ordinance. The draft in front of you tonight is the result of these efforts. They presented it to our Traffic 03 -24 -201.5 Minutes Page - 6 - Safety Advisory Committee (TSAC) during their recent February and March meetings; the committee passed it and recommended it be presented to council for consideration. When one tampers with the rights of citizens there needs to be a reason. There are a number of reports from the National Highway Traffic Safety Administration that refers to distracted drivers and states that cell phone usage rates as the second most reason for driver distractions, second only to items moving in the vehicle. A 2011 . report showed that 10% of all fatality crashes were due to distracted drivers and 12% were cited for cell phone use. While the numbers seem low, the issue is in the data collection. It was not until just a few years ago that cell phone usage was specified, before then, it was simply listed under driver distractions. When we began this prot in January, there were no less than six bills pending in the current state legislative session. Currently, there are already restrictions in school zones. The federal government has restricted them in federal vehicles since 2009 and the Railroad Comm, i,ssion banned"them in 2010 for their employees. Also, in 2010 . there was a ban on texting in commercial vehicles and in 2011 they banned all cell phone use in all commercial vehicles carrying hazardous materials. This is substantial data supporting the need for sch ordinances as our proposal tonight. Mayor Carpenter recognized Councilmember Azz'oz;who gave two examples of people he knew who lost a loved one due to cell phone distraction while operating a motor vehicle; thus, he is a big supporte , Of these types of ordinances. He believes this is not taking away a citizen's right but rather nmakin sure we are riot negligent while driving. This is just a rule like many others we have'out there. We are looking out for everyone's interest and saving lives. We are not copying anyone else; we are seeing for ourselves what tragedy can oeeur to ,us and others by leaving this issue unattended. Chief Hansen pointed out that We are riot banning the use of cell phones, just usage while driving on public roads Councilmember Azzoz stated he,remembered the same resistance /concern by everyone when the law became effective Jo wear seatbelts, but they have saved many lives and we are now used to buckling up, It's all about caring for someone else's life. Mayor Carpenter recognized Councilmember Edwards who stated he believes there is a federal and state proposal out there to put a ban on cell phone use while driving. He stated that now folks ;are putting their phones in their laps, armrests or cup holders and are still texting, no matter what. So now they are even more distracted because they are also looking down rather than forward. Today, we have so much advanced technology around us, so why not embrace it? However, we need to teach our children responsibility. If they see re texting while driving, they are going to do it. He does not agree with banning the cell phones unless the ordinance is modified. Do we have an ordinance for distracted driving on the books now? Chief Hansen affirmed that we did and that it was a state ordinance. He explained the city's proposed cell phone ordinance does allow for turning your phone on and off and allows you to answer a phone and disconnect a phone. As far as an officer issuing a citation, that is a training matter and he will be in charge of that. He would hope an officer would not issue a ticket to someone for simply seeing them push a single button, but rather that they see an individual have both thumbs working the phone, as they commonly see now. There is technology out there right now that allows a person to use the phone without ever touching it (i.e. voice commands via 03 -24 -201.5 Minutes Page - 7 - Bluetooth). The ultimate intent is not to ban the use of cell phones, but to use them in a safer manner. Mayor Carpenter recognized Councilmember Thompson who stated he had a couple of questions in item a(6) : The term does not include a communication transmitted through a global positioning or navigation system and b(3): commits an offense if you view pictures or written text whether transmitted by internet or other electronic means. He proposed a scenario and said if a person has something other than a cell phone but it transmits a picture or map but is not plugged into a blue tooth, how is this viewed by law enforcement? Chief Hansen stated the intent is to allow: -the use of a GPS or other mapping device. Councilmember Thompson stated we may want to see if a state law comes out of the legislature this spring and if it does, h6w does this proposed city ordinance compare to the state law. Mayor Carpenter recognized Councilmember A zoz who stated he thinks the intent is if a law enforcement officer sees me texting or tilling and driving, you brot t the law that wants a ticket; this is what the intent is.," Ho is totally for this. If you want to use the phone, then pull over and use it. It is definitelysafet. This is about looking after the wellbeing of everybody. His advice is pull over if you want to use the phone. Mayor Carpenter recognized Coupeilr`uember Azzoz who made a motion to outlaw the use of a handheld phone while driving. The motion died due to a lack of a second. Consent Agenda Items ORDINANCE NO. 15 -T -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR THE THOROUGHFARE PLAN AND ROADWAY IMPACT FEE STUDY IN THE AMOUNT OF $130,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 15 -R -24 - CAFR FY 2013 -14 — Consideration and /or action approving Resolution No. 1.5 -R -24 regarding the approval of the FY 201.3 -14 Comprehensive Annual Financial Report (CAFR). (J. Kessel /J. Santoya & D. Fraser) 03 -24 -201.5 Minutes Page - 8 - The following was read into record: RESOLUTION NO. 15-R-24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2013-14, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 15-R-22 — Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Kessel/D. Wait) The following was read into record: MIM The following NO. 15 -R-23 A,IRESOLUTION BY THE 1,1-CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR "INACTIVE 'OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS', OF NON PAYMENT AND OTHER MATTERS IN CONNECTION Mayor Carpenter 'recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmembei Thompson to approve the consent agenda items I through 5. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Councilmember Fowler was absent. Motion Passed. Discussion and Action Items 6. Resolution No. 15-R-25 — Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Freese and Nichols, Inc., related to 03-24-2015 Minutes Page - 9 - the City's Thoroughfare Plan Update and Roadway Impact Fee Study. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 15 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., RELATED TO THE CITY'S THOROUGHFARE PLAN UPDATE AND ROADWAY IMPACT FEE ' STUDY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kat requested qualifications from firms to provid necessary to complete an update of the City's Impact Fee Study. The City received regoons, professional engineering firms. Key City Staff interviews with both. After review of scoring Inc., (FNI) and requested a scope and cost p Update and Roadway Impact Fee,tudy. Final the City is ready to proceed with approval of the FNI will provide a functional design and development, star recommendations for 'a' "cavil the input of °a S adoption. Staff recom Nichols, Inc., c The Plan will be sl Committee, public hy,Woodlee who stated the City publicly the " Professional Engineering services Master Thoroughfare Plata and Roadway es to the RFQ from twa well' qualified reviewed the submissions and conducted the City contacted Freese and Nichols, roposal regarding the Thoroughfare Plan ne2otiatio s with FNI have been held and contract. ificatioh system, update the City's roadway access management standards and provide its plan of short- and long -term roadway >rted through a public process that includes etings, and a public hearing process for plan complete the work and the task fees are as follows: fare flan: $ 91,910 Fee study: $116,040 $207,950 entering into a Professional Services Agreement with Freese and amount of $207,950. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -25. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Councilmember Fowler was absent. Motion Passed. 03 -24 -201.5 Minutes Page -10 - 7. Ordinance No. 15 -T -11 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to fund the Crime Victim Liaison and the Communication Shift Supervisor positions. First Reading (J. Bierschwale /M. Hansen) The following was read into record: ORDINANCE NO. 15 -T -11. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE CRIME VICTIM LIAISON AND THE COMMUNICATION SHIFT SUPERVISOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND ,PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Police Chief Michael answering questions from Council. Chief -ansen Procedure Chapter 56 governs the rights of crini :vi requires each law enforcement agency to designate"') crime victim liaison to ensure that a crime victim is t Chapter 56 of the Texas Code of Criminal Procedure. nsen who introduced this item ;d the Texas Code of Criminal is. Article 56.04 of this chapter person to serve as the agency's •ded certain rights granted under The Police Department wishes to enter into t :agreement With the cities of Cibolo and Live Oak to share the costs associated,with,hiring 4,crime victim liaison. To do so, the City would need to amend the adopted 2014 -2015 budget to authorize the expenditures associated with.Tunding the pew position and to increase revenue to reflect Cibolo's and Live Oak's contributions for the new position. The Police Department Communication Center is responsible for the emergency communications for all chertz and ibolo Public Safety agencies. This Center is in operation 24 'liours per day, "'very day of the year. Currently the Comtunication Center has positions for three (3) supervisors and twelve (12) communication'officers. However, there are currently two (2) openings. Often the Center is staffed with Teas than the desired minimums and without on -duty supervisors. City staff has identified the need to add a communications supervisor position to provide the appropriate stiff coverage to better meet the demands of the City. Hiring an additional communications supervisor will help the City get closer to reaching the minimum number of 3 dispatchers on duty at all times as requested by Fire and EMS during the 2012/13 Budget. Crime Victim Liaison Increase the Budget to authorize $12,500 for the mid -year funding of the crime victim liaison position in the General. Fund. 03 -24 -2015 Minutes Page - 11 - Increase revenue to recognize Cibolo's and Live Oak's contributions totaling $12,500 for the current fiscal year. The impact for future year(s) includes the cost of the program expected to be just over $75,000. The cities of Cibolo and Live Oak will each contribute $25,000 annually. Schertz will have ownership of all equipment. Communications Supervisor There is no fiscal impact for the communication supervisors this budget year. There are funds available due to unfilled openings. To help offset the cost of the additional position, the City of ilbolo increased their payment for dispatch services by $26,695 annually: The weighted salary for a Communication Supervisor is $51,863. The et, fiscal impact beginning the next budget year would be $25,168. Staff recommends approval of first reading. Mayor Carpenter recognized Con cl' positions plus the three fire fighte flexibility in where we need to go i Manager John Kessel stated he does bargain, as one position will only be the city. This lets :i extend our do Mayor Carpenter recognized Mayor Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 15 -T -11 on first reading. The vote was unanimous with Mayor Pro-Tern Edwards, Councilmembers Azzoz, John and Thompson 'voting for and no one voting no. Councilmember Fowler was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote information for agenda items l through 7. Mayor Carpenter moved back to the Announcements section of the agenda. 03 -24 -2015 Minutes Page -12 - City Events and Announcements • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that we are in the middle of remodeling the Council Chambers. There has been glass that has been treated with bullet resistant material; some tinting will follow soon. The doors are frosted and also have a treatment on them. We will be doing some remodeling of the dais area and the acoustic treatment and sound system will be installed before the next meeting here. He wanted to express his appreciation to IT Director Myles. Climser and Public Works Superintendent of Fleets /Streets Doug Letbetter who have both spent a lot of time working on this project. Mayor Carpenter moved to the Executive Session portion of=the agen a,�. Mayor Carpenter recognized Councilmember Azzoz who requested that item 14 be discussed ir1 a public hearing. Mayor Carpenter stated that this could be done after they meet in executive sessionl,, Shelter No action taken. 14a. Take any necessary action based on discussions held in closed session under Agenda Item number 14. No action taken. 03 -24 -2015 Minutes Page -13 - Requests and Announcements E 10 11 Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. Requests by Mayor and Councilmembers to City Manager and No requests were provided. Announcements by Mayor and Councilmembers No announcements were provided. 12. Information availal for information. Council Packets - NO DISCUSSION TO OCCUR ity's Development Agreement with per the City's Development Agreement with Capital As mentioned by City Manager John Kessel at the March 10, 2015 Council meeting, we have something that we do regularly which is make available to the general public the abatements and refunds that we give to the different companies. He stated that what we want to do is: put these into our Council books as an informational item so they are of record. These can be searched in our electronic Laser Fiche file on -line 24/7 through the website. He stated that we will have two (2) of these coming out for two (2) different projects: (1) Caterpillar and (2) The Capital Group. These will be available on March 24, 2015. He stated these are projects that were previously approved by Council. He stated that he wanted to make this announcement because normally we would have provided these on March 1.7, 2015, but that particular meeting was cancelled. He just wanted to make sure that the general public is made aware of the financial transparency. The following information was provided and can be found on the City's website: 03 -24 -201.5 Minutes Page -14 - 2014 Tax Year Reimbursement per the City's Development Agreement with Caterpillar 2014 . Tax Year Reimbursement per the City's Development Agreement with Capital Group Adjournment As there was no further business the meeting was adjourned at 9:05 p.m. M Bre: 03 -24 -201.5 Minutes Page -15 - City Council Meeting: Department: Subject: BACKGROUND Crime Victim Liaison Agenda No. 2 Cpl 1fMONI"LlusI WU 10I01 [o7 710 Rod 1 April 7, 2015 Police Department Ordinance No. 15 -T -11- Budget Adjustment Ordinance to fund the Crime Victim Liaison and the Communication Shift Supervisor positions. Final Reading Texas Code of Criminal Procedure Chapter 56 governs the rights of crime victims. Article 56.04 of this chapter requires each law enforcement agency to designate one person to serve as the agency's crime victim liaison to ensure that a crime victim is afforded certain rights granted under Chapter 56 of the Texas Code of Criminal :Procedure. The Police Department wishes to enter into an agreement with the cities of Cibolo and Live Oak to share the costs associated with hiring a crime victim liaison. To do so, the City would need to amend the adopted 2014 -2015 budget to authorize the expenditures associated with funding the new position and to increase revenue to reflect Cibolo's and Live Oak's contributions for the new position. City Council approved this on first reading at their meeting of March 24, 2015. Communications Supervisor The Police Department Communication Center is responsible for the emergency communications for all Schertz and Cibolo Public Safety agencies. This Center is in operation 24 hours per day, every day of the year. Currently the Communication. Center has positions for three (3) supervisors and twelve (12) communication officers. However, there are currently two (2) openings. Often the Center is staffed with less than the desired minimums and without on -duty supervisors. City staff has identified the need to add a communications supervisor position to provide the appropriate staff coverage to better meet the demands of the City. Hiring an additional communications supervisor will help the City get closer to reaching the minimum number of 3 dispatchers on duty at all times as requested by Fire and EMS during the 2012/13 Budget. Goal The addition of two civilian positions in the Police Department Budget Crime Victim Liaison Create a fulltime position of crime victim liaison. Adding this position will allow the City to comply with Article 56.04 of the Texas Code of Criminal Procedure on a cost sharing basis with Cibolo and Live Oak. Cibolo and Live Oak will each contribute annually $25,000 for sharing the services of the crime victim liaison. Communications Supervisor Create an additional communications supervisor position. Adding this position will allow the Police Department to establish four (4) supervised shifts and provide more effective scheduling and supervision. Community Benefit The community benefits by ensuring (i) specific rights are afforded to crime victims and (ii) more communication officers are on -duty with better supervision. Summary of Recommended Action Recommendation that Ordinance 15 -T -11 be approved on final reading. FISCAL IMPACT Crime Victim Liaison Increase the Budget to authorize $1.2,500 for the mid -year funding of the crime victim liaison position in the General Fund. Increase revenue to recognize Cibolo's and Live Oak's contributions totaling $12,500 for the current fiscal year. The impact for future year(s) includes the cost of the program expected to be just over $75,000. The cities of Cibolo and Live Oak will each contribute $25,000 annually. Schertz will have ownership of all equipment. Communications Supervisor There is no fiscal impact for the communication supervisor in this budget year. There are funds available due to unfilled openings. To help offset the cost of the additional position, the City of Cibolo increased their payment for dispatch services by $26,695 annually. The weighted salary for a Communication Supervisor is $51,863. The net fiscal impact beginning the next budget year would be $25,168. RECOMMENDATION Approval of Ordinance No. 15 -T -1.1 final reading. ATTACHMENT(S) Ordinance No. 15 -T -11 ORDINANCE NO. 15 -T -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE CRIME VICTIM LIAISON AND THE COMMUNICATION SHIFT SUPERVISOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 201.4 -2015 (the `Budget), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City needs to increase the Budget to authorize expenditures of $1.2,500 for the mid -year funding of the Crime Victim Liaison position in the General Fund; and WHEREAS, the City needs to increase revenue to recognize Cibolo's and Live Oak's contribution toward this position as laid out in the Interlocal agreement of $12,500; and WHEARAS, the City will use the current personnel budget for the Communication Shift Supervisor; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the additional revenue and expense for the Crime Victim Liaison position and authorize the additional Communications Shift Supervisor; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund for the Crime Victim Liaison position, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $1.2,500 for the Crime Victim Liaison position and authorize an additional Communication Shift Supervisor. Section 2. The City shall recognize the additional $12,500 in revenue from the interlocal agreement with the City of Cibolo and the City of Live Oak to help fund the Crime Victim Liaison. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 24th day of March 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of April, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: Subject: City Secretary Boards, Commissions and Committee Member Resignations The City has received resignations from Mr. Sydney Verinder of the Economic Development Corporation and from Ms. Janice Manzo of the Library Board. As a result of these resignations there are now vacancies on these boards which will be filled in May after the Community Volunteer Fair. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignation of Mr. Sydney Verinder and Ms. Janice Manzo. ATTACHMENTS Resignations - Sydney Verinder, Janice Manzo Agenda No. 4 N111MON100411WU10IU to] 710 UK] 1 City Council Meeting: April 7, 2015 Department: Police Department Subject: Resolution No. 15-R-26 Authorizing a Crime Victim's Liaison Interlocal. Agreement C• � 1 Texas Code of Criminal Procedure Article 56 deals with the rights of crime victims. Many of these rights are specific to law enforcement. Article 56.04 requires that each law enforcement agency to designate one person to serve as the agency's crime victim liaison to ensure the crime victim is afforded the rights granted. This is often a time consuming and research intensive position. Many agencies have created a specific position in which to keep up with the various rights and responsibilities associated with each victim. These rights and responsibilities often continue from the crime event, through the trial period and even when an arrested subject is incarcerated. This position will be an advocate for the victim, a point of contact and a voice. Many of the rights are informational, but must be documented. Some can provide benefits to the victim in added security, peace of mind and even financial compensation. Goal Create a fulltime position of crime victim liaison. The responsibilities to be afforded to and the costs shared by Cibolo and Live Oak. Cibolo and Live Oak will each contribute annually $25,000 for provided services. Community Benefit The community benefits by the assurance of specific rights afforded to victims of crimes. Summary of Recommended Action Recommendation that Resolution to approve the Crime Victims' Liaison Interlocal Agreement be approved and signed. The Police Department to be instructed to immediately begin the process of recruiting and hiring an individual to perform the duties of a crime victim liaison for the cities of Schertz, Cibolo and Live Oak. FISCAL IMPACT There is no fiscal impact for the current budget year. Finance confirms there is existing funds in Police Personnel Services due to unfilled positions to fund this position through the remainder of this budget year. The impact for future year(s) includes the cost of the program expected to be just over $75,000. The cities of Cibolo and Live Oak will each contribute $25,000, annually. Schertz will have ownership of all equipment. RECOMMENDATION Approval of Resolution. No. 15-R-26 ATTACHMENT(S) Resolution No. 15 -R -26 Crime Victims' Liaison Interlocal Agreement Crime Victims' Liaison Interlocal Agreement signed by Cibolo and Live Oak Mayors Crime Victims' Liaison Work Plan Texas Code of Criminal Procedure Article 56. Victims' Rights (Highlighted) RESOLUTION NO. 15 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO AND THE CITY OF LIVE OAK AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Crime Victims' Liaison Interlocal Agreement, attached hereto as Exhibit A (the "Agreement "), with the City of Cibolo and the City of Live Oak to engage the services of a crime victims' liaison to assist with the rights of crime victims in connection with law enforcement and prosecution of certain crimes; and WHEREAS, Chapter 791, Texas Government Code, authorizes municipalities to contract with each other for the performance of certain governmental functions and services; and WHEREAS, the City Council finds that the use of a crime victims' liaison to assist in law enforcement and prosecution of certain crimes constitutes both a governmental function and service under Chapter 791, Texas Government Code, and a valid public purpose; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with the City of Cibolo and the City of Live Oak to increase the efficiency and effectiveness of governmental functions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with the City of Cibolo and the City of Live Oak in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, d. 1 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 imall CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT 50234811.1 A -1 CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT This CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT dated April 1, 2015 (this "Agreement "), is made and entered among the CITY OF SCHERTz, TEXAS ( "Schertz "), the CITY OF LIVE OAK, TEXAS ( "Live Oak "), and the CITY OF CISOLo, TEXAS ( "Cibolo" and, with Schertz and Live Oak, collectively, the "Contracting Parties "). WITNESS: WHEREAS, Chapter 791, Texas Government Code, authorizes municipalities to contract with each other for the performance of certain governmental functions and services; and WHEREAS, the laws of the State of Texas require and mandate that a victim, guardian of a victim or close relative of a deceased victim is entitled to specific rights within the criminal justice system; and WHEREAS, citizens occasionally need immediate support and assistance in crisis situations; and WHEREAS, these crisis situations are often at times when the only available support is through law enforcement; and WHEREAS, the support and assistance needed is beyond the reasonable capabilities and resources that law enforcement alone may possess; and WHEREAS, the Contracting Parties desire to use the services of a crime victims' liaison (the "Crime Victims' Liaison ") to assist with the rights of crime victims in connection with law enforcement and prosecution of certain crimes; and WHEREAS, the Contracting Parties agree that there are significant savings if the services provided by the Crime Victims' Liaison of one entity will be for the joint use of all the Contracting Entities on a cost sharing basis; and WHEREAS, Schertz is willing to employ the Crime Victims' Liaison if Cibolo and Live Oak agree to share the costs of the Crime Victims' Liaison; and WHEREAS, Cibolo and Live Oak are willing to reimburse Schertz for the services of the Crime Victims' Liaison as provided herein; and WHEREAS, the Contracting Parties find that it is a valid public purpose to utilize a Crime Victims' Liaison to assist in law enforcement and prosecution of certain crimes; and WHEREAS, the Contracting Parties have determined that it is in the best interest of their citizens to share the services of a Crime Victims' Liaison to increase efficiency and effectiveness of governmental functions. NOW THEREFORE, in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the Contracting Parties hereby agree as follows: Article I. SERVICES Section 1.01 Subject to Article III, Schertz shall hire a Crime Victims' Liaison to assist with the rights of crime victims in connection with law enforcement and prosecution of certain crimes (the "Victim Services Program "). The primary services the Crime Victims' Liaison will perform include the (i) services described in Chapter 56, Texas Code of Criminal Procedure, and (ii) continued training of police officers and staff in the rights of crime victims (collectively, the "Services "). Section 1.02 The Crime Victims' Liaison shall be responsible for the creation and coordination of the Victim Services Program. The Crime Victims' Liaison shall also be responsible for coordinating a team of volunteers to assist in providing the Services in connection with the Victim Services Program. The Crime Victims' Liaison shall ensure that such volunteers are appropriately trained and prepared to provide assistance based upon their specific skills and abilities. Section 1.03 The Crime Victims' Liaison will be responsible for submitting a monthly report to each of the Contracting Parties. The monthly report shall include but is not limited to the number of crime victims assisted in the jurisdiction of each of the Contracting Parties, the number of contacts with each of the Contracting Parties, the training hours provided to peace officers and volunteers for each of the Contracting Parties, and any speaking engagements and meetings related to the Victim Services Program. Section 1.04 Subject to Article III, Schertz shall allow Cibolo and Live Oak to use the Services of the Crime Victims' Liaison as described herein. Article II. EMPLOYMENT TERMS Section 2.01 Schertz shall hire the Crime Victims' Liaison as an employee of Schertz. The Crime Victims' Liaison shall be subject to Schertz's employment policies, including, but not limited to, employee benefits, job performance standards, and discipline standards. Section 2.02 Schertz shall primarily direct the Crime Victims' Liaison; however, the Crime Victims' Liaison as part of his or her responsibilities as a Schertz employee shall provide assistance to Cibolo and Live Oak as described in this Agreement. Section 2.03 Notwithstanding any provision to the contrary, Cibolo and Live Oak both hereby agree that the Crime Victims' Liaison shall be an employee of Schertz and shall not be an employee of either Cibolo or Live Oak. Cibolo and Live Oak both hereby acknowledge that the Crime Victims' Liaison shall be directed primarily by Schertz. Section 2.04 The Crime Victims' Liaison shall provide the Services primarily during normal business hours, on a full -time basis, forty (40) hours a week, less any scheduled vacation time, sick time, training time, or holidays observed by Schertz. However, the Crime Victims' Liaison shall be required to provide the Services outside of normal business hours when there is a need for immediate assistance to crime victims. Section 2.05 The Chiefs of Police of the Contracting Parties or their designees shall serve as an oversight committee to the Victim Services Program. The oversight committee shall draft and implement policies for the law enforcement agencies of each of the Contracting Parties describing (i) the procedures under which the Victim Services Program will operate and (ii) how the Services will be requested. The policies and procedures should meet or exceed the requirements of the Texas Police Chiefs Association Best Practices Program. Once approved, these policies shall be adopted by the Contracting Parties and the Crime Victims' Liaison shall train all applicable personnel on the policy. Section 2.06 The primary office space for the Crime Victims' Liaison to provide the Services shall be in Schertz. Cibolo and Live Oak may provide appropriate meeting areas for the Crime Victims' Liaison to perform the Services for such Contracting Party. If such meeting space is not available, the Crime Victims' Liaison shall perform the Services in Schertz. Section 2.07 If any Contracting Party to this Agreement notes any material deficiency in the performance of the Services provided by the Crime Victims' Liaison, such Contracting Party shall report such deficiency to the Schertz City Manager. The Schertz City Manager shall ensure such deficiencies are corrected within forty -five (45) days of such report. If however, the deficiencies are not corrected within that time period, the reporting Contracting Party may terminate this Agreement in accordance with Section 4.03 unless the Schertz City Manager is taking reasonable actions to cure the deficiency. Article III. PAYMENT FOR SERVICES OF CRIME VICTIMS' LIAISON Section 3.01 Each of Cibolo and Live Oak hereby agrees to reimburse Schertz for use of the Services of the Crime Victims' Liaison. Schertz shall pay the Crime Victims' Liaison salary and benefits for the Services in the first year of this Agreement. In addition, Schertz shall pay for the assigned vehicle, fuel, equipment, supplies and provide office space suitable for the assignment. Cibolo and Live Oak shall pay the following amounts to reimburse Schertz in the first year of the Agreement: (a) $25,000, which shall be the portion attributable to Cibolo for the Services provided by the Crime Victims' Liaison in the first year of this Agreement; and (b) $25,000, which shall be the portion attributable to Live Oak for the Services provided by the Crime Victims' Liaison in the first year of this Agreement. The total amount paid by the Contracting Parties shall constitute consideration for the Services of the Crime Victims' Liaison (the "Consideration "). 3 Section 3.02 Cibolo and Live Oak shall pay the Consideration in the first year and each subsequent year thereafter in four equal quarterly payments on each January 1, April 1, July 1, and October 1, with the first payment to be due the month the Crime Victims' Liaison begins employment. Schertz agrees to provide each of the Contracting Parties an invoice at least ten (10) business days prior to each payment. Section 3.03 Beginning in the second twelve (12) month period of the initial term of this Agreement and each twelve (12) month period thereafter, the Contracting Parties shall increase the Consideration by the Consumer Price Index, Not Seasonally Adjusted, South Urban published by the United States Bureau of Labor Statistics for each year as compared with the comparable Consumer Price Index for the preceding year. Such increase shall be split equally among the Contracting Parties. If the Consumer Price Index decreases, the Consideration shall remain the same for next twelve (1.2) month period. Section 3.04 Each of the Contracting Parties hereby certifies that the Consideration paid pursuant to this Agreement shall be paid out of current fiscal year revenues budgeted and appropriated for such purpose in compliance with Section 791.011 of the Government Code, as amended, and other State law. Section 3.05 If a Contracting Party fails to pay the Consideration during the first five (5) year term of this Agreement or should a Contracting Party fail to appropriate funds to pay the Consideration during any fiscal year during the term of this Agreement, Schertz shall not be obligated to provide the Services of the Crime Victims' Liaison unless and until the Contracting Party cures the delinquency to pay the Consideration. Article IV. TERM Section 4.01 The term of this Agreement shall be for a period of five years, commencing April 1, 2015, and terminating on March 31, 2020; however, this Agreement shall automatically renew at the end of the initial five -year term for an additional period of twelve (12) months, unless any of the Contracting :Parties shall have previously exercised its right to cancel this Agreement. Section 4.02 Any of the Contracting Parties may terminate this Agreement, with or without cause, by providing written notice of such termination ninety (90) days prior to April 1 st of each year to the other Contracting Parties. This notice shall be provided in accordance with Section. 7.01. Section 4.03 This Agreement may be terminated by any of the Contracting Parties upon not less than sixty (60) days written notice should another Contracting Party fail substantially to perform in accordance with the terms of this Agreement through no fault of the Contracting Party initiating the termination. Section 4.04 If a Contracting Party terminates this Agreement pursuant to Section 4.02 or Section 4.03, the Contracting Party shall be obligated to pay the Consideration to Schertz through the end of the quarter in which this Agreement terminates. The Crime Victims' Liaison E shall provide the Services to the Contracting Party terminating this Agreement, if requested, through the end of such quarter. Article V. INSURANCE Section 5.01 The Contracting Parties hereby contract, covenant, and agree to obtain and maintain in full force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure such Contracting Party and its respective agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by such Contracting Party and its respective agents, officers, employees, and subcontractors in the course of their duties that may arise or result from the Services provided and/or any circumstances arising under this Agreement. Section 5.02 It is specifically agreed that each Contracting Party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing its liability and potential liability pursuant to this Agreement; each Contracting Party hereto reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the Services provided and/or any circumstances arising under this Agreement. Section 5.03 This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and none of Cibolo, Schertz, nor Live Oak shall be held legally liable for any claim or cause of action arising pursuant to, or out of the Services provided under this Agreement except as specifically provided herein or by law. Article VI. HOLD HARMLESS Section 6.01 CIBOLO, ITS SUCCESSORS, AND ASSIGNS IN EXCHANGE FOR THE CONSIDERATION CONTAINED HEREIN, AGREE TO HOLD HARMLESS SCHERTZ AND ITS PRESENT, FUTURE, AND FORMER AGENTS, EMPLOYEES, OFFICIALS, AND REPRESENTATIVES FOR ANY INJURY CLAIMS, CAUSES OF ACTION, INCLUDING CLAIMS OF NEGLIGENCE OR OTHER DISPUTES THAT ARE CREATED BY, ARISE FROM, OR RELATE TO THE USE BY CIBOLO OF THE SERVICES OF THE CRIME VICTIMS' LIAISON IN CONNECTION WITH THIS AGREEMENT. Section 6.02 LIVE OAK, ITS SUCCESSORS, AND ASSIGNS IN EXCHANGE FOR THE CONSIDERATION CONTAINED HEREIN, AGREE TO HOLD HARMLESS SCHERTZ AND ITS PRESENT, FUTURE, AND FORMER AGENTS, EMPLOYEES, OFFICIALS, AND REPRESENTATIVES FOR ANY INJURY CLAIMS, CAUSES OF ACTION, INCLUDING CLAIMS OF NEGLIGENCE OR OTHER DISPUTES THAT ARE CREATED BY, ARISE FROM, OR RELATE TO THE USE BY LIVE OAK OF THE SERVICES OF THE CRIME VICTIMS' LIAISON IN CONNECTION WITH THIS AGREEMENT. Section 6.03 SCHERTZ, ITS SUCCESSORS, AND ASSIGNS IN EXCHANGE FOR THE CONSIDERATION CONTAINED HEREIN, AGREE TO HOLD HARMLESS EACH OF CIBOLO AND LIVE OAK, IN EACH CITIES INDIVIDUAL CAPACITY, AND THEIR PRESENT, FUTURE, AND FORMER AGENTS, EMPLOYEES, OFFICIALS, AND REPRESENTATIVES FOR ANY INJURY CLAIMS, CAUSES OF 5 ACTION, INCLUDING CLAIMS OF NEGLIGENCE OR OTHER DISPUTES THAT MAY ARISE FROM THE USE BY EACH OF CIBOLO AND LIVE OAK, INDIVIDUALLY, OF THE SERVICES OF THE CRIME VICTIMS' LIAISON IN CONNECTION WITH THIS AGREEMENT. Article VII. NOTICE Section 7.01 All correspondence and communications concerning this Agreement shall be directed to the Contracting Parties at the following addresses: CIBOLO: City of Cibolo 200 South Main Street Cibolo, Texas 78108 Attention: City Manager LIVE OAK: City of Live Oak 8001 Shin Oak Drive Live Oak, Texas 78233 Attention: City Manager SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 781.54 Attention: City Manager Notices required hereunder shall be hand - delivered or sent by certified mail, return receipt requested. Article VIII. ASSIGNMENT Section 8.01 This Agreement shall bind and benefit the respective Contracting Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by any Contracting Party without first obtaining the written consent of the Contracting Parties. Article IX. MISCELLANEOUS Section 9.01 This Agreement inures to the benefit of and obligates only the Contracting Parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a Contracting Party to it. The Contracting Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. Section 9.02 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect. no Section 9.03 This Agreement is the entire agreement among the Contracting Parties as to the subject matter hereof, and is the sole and only agreement of the Contracting Parties regarding the Services described herein and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by all Contracting Parties in accordance with the formalities of this Agreement. Section 9.04 Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Section 9.05 The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. Section 9.06 All Contracting Parties agree this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas and Bexar County, Texas. Section 9.07 No Contracting Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. [The remainder of this page is intentionally left blank.] 7 This Agreement is hereby signed and fully executed in multiple parts, on this _ day of 2015. CITY OF SCHERTZ, TEXAS By: MAYOR ATTEST: City Secretary, City of Schertz, Texas CITY OF CIBOLO, TEXAS By: _, MAYOR ATTEST: City Secretary, City of Cibolo, Texas S-1 CITY OF LIVE OAK, TEXAS By: , MAYOR City Secretary, City of Live Oak, Texas This CRIME VICTIMS'LiAiSONINTERLOCAL AGREEMENT dated April 1, 2015 (this "Agreement"), is made and entered amongthe CITY OF SCHERTz,TEXAS("Schertz"), the CITY OF LIVE OAK, TEXAS("Live Oak "), and theCITY OF CIBOLO, TEXAS("Cibolo" and, with Schertz and Live Oak, collectively, the "Contracting Parties"). WHEREAS, Chapter 791, Texas Government Code, authorizes municipalities to contract with each other for the performance of certain governmental functions and services; and WHEREAS, the laws of the State of Texas require and mandate that a victim, guardian of a victim or close relative of a deceased victim is entitled to specific rights within the criminal justice system; and WHEREAS, citizens occasionally need immediate support and assistance in crisis situations; and WHEREAS, these crisis situations are often at times when the only available support is through law enforcement; and WHEREAS, the support and assistance needed is beyond the reasonable capabilities and resources that law enforcement alone may possess; and WHEREAS, the Contracting Parties desire to use the services of a crime victims'liaison(the "Crime Victims' Liaison") to assistwith the rights of crime victims in connection with law enforcement and prosecution of certain crimes; and WHEREAS, the Contracting Parties agree that there are significant savings if the services provided by the Crime Victims' Liaison of one entity will be for the jointuse of all the Contracting Entities on a cost sharing basis; and WHEREAS, Schertzis willing toemploy the Crime Victims'Liaison ifCibolo and Live Oak agree to share the costs of the Crime Victims' Liaison; and WHEREAS, Cibolo and Live Oak are willing to reimburse Schertz for the services of the Crime Victims' Liaisonas provided herein; and WHEREAS, the Contracting Parties find that it is a valid public purpose to utilize a Crime Victims'Liaisonto assist in law enforcement and prosecution of certain crimes; and WHEREAS, the Contracting Parties have determined that it is in the best interest of their citizens to share the services of a Crime Victims' Liaison to increase efficiency and effectiveness of governmental functions. NOW THEREFORE, in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the Contracting Parties hereby agreeas follows: Article 1. SERVICES Section 1.01 Subject to Article 111, Schertzshall hire a Crime Victims' Liaison to assist with the rights of crime victims in connection with law enforcementand prosecution of certain climes (the "Victim Services Program"). The primary services the Crime Victims' Liaison will perform include the (i) services described in Chapter 56, Texas Code of Criminal Procedure, and (ii) continued training of police officers and staff in the rights of crime victims (collectively, the "Services"). Section 1.02 The Crime Victims' Liaison shall be responsible for the creation and coordination of the Victim Services Program. The Crime Victims' Liaison shall also be responsible for coordinating a team of volunteers to assist in providing theServices in connection with the Victim Services Program. The Crime Victims' Liaison shall ensure that such volunteers are appropriately trained and prepared to provide assistance based upon their specific skills and abilities. Section 1.03 The Crime Victims' Liaison will be responsible for submitting a monthly report to each of the Contracting Parties. The monthly report shall include but is not limited to the number of crime victims assisted in the jurisdiction of each of the Contracting Parties, the number of contacts with each of the Contracting Parties, the training hours provided to peace officers and volunteers for each of the Contracting Parties, and any speaking engagements and meetings related to the Victim Services Program. Section 1.04 Subject to Article 111, Schertz shall allow Cibolo and Live Oak to use the Services of the Crime Victims' Liaison as described herein. Article H. EMPLOYMENT TERMS Section 2.01 Schertz shall hire the Crime Victims' Liaison as an employee of Schertz. The Crime Victims' Liaisonshall be subject to Schertzs'employment policies, including, but not limited to, employee benefits, job performance standards, and discipline standards. Section 2.02 Schertz shall primarily direct the Crime Victims' Liaison; however, the Crime Victims' Liaison as part of his or her responsibilities as a Schertz employee shallprovide assistance to Cibolo and Live Oak as described in this Agreement. Section 2.03 Notwithstanding any provision to the contrary; Cibolo and Live Oak both hereby agree that the Crime Victims' Liaisonshall be an employee of Schertz and shallnot be an employee of either Cibolo or Live Oak. Cibolo and Live Oak both hereby acknowledge that the Crime Victims' Liaison shall be directed primarily by Schertz. 2 Section 2.04 The Crime Victims' Liaison shall provide the Services primarily during normal business hours, on a full-time basis, forty (40) hours a week, less any scheduled vacation time, sick time, training time, or holidays observed by Schertz. However, the Clime Victims' Liaison shall be required to provide the Services outside of normal business hours when there is a need for immediate assistance to crime victims. Section 2.05 The Chiefs of Police of the Contracting Parties or their designees shall serve as an oversight committee to the Victim Services Program. The oversight committee shall draft and implement policies for the law enforcement agencies of each of the Contracting Parties describing (i) the procedures under which the Victim Services Program will operate and (ii) how the Services will be requested. The policies and procedures should meet or exceed the requirements of the Texas Police Chiefs Association Best Practices Program. Once approved, these policies shall be adopted by the Contracting Parties and the Crime Victims' Liaison shall train all applicable personnel on the policy. Section 2.06 The primary office space for the Crime Victims' Liaison to provide the Services shall be in Schertz.Cibolo and Live Oak may provide appropriate meeting areas for the Crime Victims' Liaison to perform the Services for such Contracting Party. If such meeting space is not available, the Crime Victims' Liaison shall perform the Services in Schertz. Section 2.07 If any Contracting Party to this Agreement notes any material deficiency in the performance of the Services provided by the Crime Victims' Liaison, such Contracting Party shall report such deficiency to the Schertz City Manager. The Schertz City Manager shall ensure such deficiencies are corrected within forty-five (45) days of such report. If however, the deficiencies are not corrected within that time period, the reporting Contracting Party may terminate this Agreement in accordance with Section 4.03 unless the Schertz City Manager is taking reasonable actions to cure the deficiency. Section 3.01 Each of Cibolo and Live Oak hereby agrees to reimburseSchertz for use of the Services of the Crime Victims' Liaison. Schertz shall pay the Crime Victims' Liaisonsalary and benefitsfor the Servicesin the first year of this Agreement. In addition, Schertz shall pay for the assigned vehicle, fuel, equipment, supplies and provide office space suitable for the assignment. Cibolo and Live Oak shall pay the following amountsto reimburse Schertz in the first year of the Agreement: (a) $25,000, which shall be the portion attributable to Cibolo for the Services provided by the Crime Victims' Liaison in the first year of this Agreement-, and (b) $25,000, which shall be the portion attributable to Live Oak for the Services provided by the Crime Victims' Liaisonin the first year of this Agreement. Thetotal amount paid by the Contracting Parties shall constitute consideration for the Services of the Crime Victims' Liaison (the "Consideration"). 9 Section 3.02 Cibolo and Live Oak shall pay the Consideration in the first year and each subsequent year thereafter in four equal quarterly payments on each January 1, April 1, July 1, and October 1, with the first payment to be due the month the Crime Victims' Liaison begins employment. Schertz agrees to provide each of the Contracting Parties an invoice at least ten (10) business days prior to each payment. Section 3.03 Beginning in the second twelve (12) month period of the initial term of this Agreement and each twelve (12) month period thereafter, the Contracting Parties shall increase the Consideration by the Consumer Price Index, Not Seasonally Adjusted, South Urban published by the United States Bureau of Labor Statistics for each year as compared with the comparable Consumer Price Index for the preceding year. Such increase shall be split equally among the Contracting Parties. If the Consumer Price Index decreases, the Consideration shall remain the same for next twelve (12) month period. Section 3.04 Each of the Contracting Parties hereby certifies that the Consideration paid pursuant to this Agreement shall be paid out of current fiscal year revenues budgeted and appropriated for such purpose in compliance with Section 791.011 of the Government Code, as amended, and other State law. Section 3.05 If a Contracting Party fails to pay the Consideration during the first five (5) year term of this Agreement or should a Contracting Party fail to appropriate funds to pay the Consideration during any fiscal year during the term of this Agreement, Schertz shall not be obligated to provide the Services of the Crime Victims' Liaisonunless and until the Contracting Party cures the delinquency to pay the Consideration. Article IV. TERM Section 4.01 The term of this Agreement' shall be for a period of five years, commencing Aprill, 2015, and terminating on March 31, 2020; however, this Agreement shall automatically renew at the end 6f the initial five-year term for an additional period of twelve (12) months, unless any of the Contracting Parties shall have previously exercised its right to cancel this Agreement. Section 4.02 Any of the Contracting Parties may terminate this Agreement, with or without cause, by providing written notice of such termination ninety (90) days prior to April 1st of each year to the other Contracting Parties. This notice shall be provided in accordance with Section 7.01. Section 4.03 This Agreement may be terminated by any of the Contracting Parties upon not less than sixty (60) days written notice should another Contracting Party fail substantially to perform in accordance with the terms of this Agreement through no fault of the Contracting Party initiating the termination. Section 4.04 If a Contracting Party terminates this Agreement pursuant to Section 4.02 or Section 4.03, the Contracting Party shall. be obligated to pay the Consideration to Schertz through the end of the quarter in which this Agreement ten-ninates.The Crime Victims' 0 Liaisonshall provide the Services to the Contracting Party terminating this Agreement, if requested, through the end of such quarter. Section 5.01 The Contracting Parties hereby contract, covenant, and agree to obtain and maintain in fall force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure such Contracting Party and its respective agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by such Contracting Party and its respective agents, officers, employees, and subcontractors in the course of their duties that may arise or result from the Services provided and/or any circumstances arising under this Agreement. Section 5.02 It is specifically agreed thateach Contracting Party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing its liability and potential liability pursuant to this Agreement; each Contracting Party hereto reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the Services provided and/or any circumstances arising under this Agreement. Section 5.03 This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and none of Cibolo, Schertz, nor Live Oak shall be held legally liable for any claim or cause of action arising pursuant to, or out of the Services provided under this Agreement except as specifically provided herein or by law. Section 6.03 ScnERTz, ITS SUCCESSORS, AND ASSIGNS IN EXCHANGE FOR THE CONSIDERATION CRNT4,, 1 -1,T G Mi T* V4MT Tro V "t 016"11.0,111 oil" 111110 wyruwr tn inky I W III&S 9 11 71141 A JXtWM711�t$ ff AY,�, R DISP TES TAFkT i, - SE USE ]BY EACH OF CIBOLO AND LIVE OAK, INDIVIDUALLYOF THE SERVICES OF T :0C VICTIMS' LIAISON IN CONNECTION WITH THIS AGREEMENT. Section 7.01 All correspondence and communications concerning this Agreement shall be directed to the Contracting Parties at the following addresses: CIBOLO: City of Cibolo 200 South Main Street Cibolo, Texas 78108 Attention: City Manager LIVE OAK: City of Live Oak 8001 Shin Oak Drive Live Oak, Texas 78233 Attention: City Manager SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Notices required hereunder shall be hand-delivered or sent by certified mail, return receipt requested. Article V111. ASSIGNMENT Section 8.01 This Agreement shall bind and benefit the respective Contracting Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by any Contracting Party without first obtaining the written consent of the Contracting Parties. Section 9.01 This Agreement inures to the benefit of and obligates only the Contracting Parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a Contracting Party to it. The Contracting Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. Section 9.02 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect. 0 Section 9.03 This Agreement is the entire agreement among the Contracting Parties as to the subject matter hereof, and is the sole and only agreement of the Contracting Parties regarding the Services described herein and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by all Contracting Parties in accordance with the formalities of this Agreement. Section 9.04 Words of any gender used in this Agreementshall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Section 9.05 The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. Section 9.06 All Contracting Parties agree this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas and Bexar County, Texas. Section 9.07 No Contracting Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. [The remainder of this page is intentionally left blank.] 7 This Agreement is hereby signed and fully executed in multiple parts, on this _ day of 2015., M City Secretary, City of Schertz, Texas d VIA "I' a A A ly ATTEST:, City Secretary, City of Cibolo, Texas 101 City Secretary, City of Live Oak, Texas This Agreement is hereby signed and fully executed in multiple parts, on this day of 2015. By: MAYOR ATTEST: City Secretary, City of Schertz, Texas CITY OF CIBOLO, TEXAS By: _, MAYOR ATTEST: City Secretary, City of Cibolo, Texas Approved for Legal Sufficiency Clarissa M. RoCfiig",-,Z, Live Oak City At�o�"'16} By: Jtv426QAK MAYOR TTEST: City Secretary, City of Live Oak-, Te SCHERTZ POLICE DEPARTMENT 2014 — 2015 Budget Regional Crime Victims Liaison Work Plan Work Plan: Police Department Crime Victim Liaison Description: As the City of Schertz continues to grow, a need has emerged to be able to provide essential victim services to our citizens. Victims of crime often experience varying degrees of emotional trauma, which can be magnified throughout litigation and court proceedings. The Texas Code of Criminal Procedure Chapter 56 deals with the rights of victims. This Chapter outlines specific requirements of our Police Department. There have been times when these requirements have not been met. There are times when we believe the requirements were met by another agency. Most of the rights are simply not known by a crime victim and our failures to meet them are without consequences to the Department. However, the consequences to the victim are real. Some of these requirements are informational and could easily be met, but must be documented. Many of the requirements could provide benefits to the crime victim in added security, peace of mind and even financial compensation. Above and beyond being the law, it is the right thing to do for our citizens in need. Having someone assigned specifically to this task assures our compliance by law. It assures that other employees are made aware of our requirements. Is assures that crime victims have an advocate within the Department that can be a point of contact and a voice. This position, from a victim's point of view, would be more important than the officers involved in the case. To meet the demands of our citizens and become more service oriented in these types of situations, the police department is requesting to add one crime victim liaison for the 2014 — 2015 budget year. Goal: The goal of the Schertz Police Department is to add a crime victim's liaison to alleviate the psychological and emotional trauma incurred as a result of a crime to the distressed victims. It is essential that the victims involved in a crime are provided with written notices about their rights and financial needs. The current need to create this position is to accommodate for the growth of the city and to provide a true service to our citizens for that hometown feel. Neighboring Cities: In comparing neighboring cities such as New Braunfels, Georgetown, San Marcos, and Seguin, they all employ the services of a Crime Victim Liaison. This service oriented approach to their citizens is an innovative method to promote a safe and attractive community and at the same time providing an essential service to the families of their cities. These cities have the ability to give that extra needed attention in cases involving victims of violent crimes and domestic violence. Department Objectives: To create a crime victim liaison position within the police department in order to: • Maintains current knowledge of resources, programs, services, and benefits that are available to victims of crime • Provides general support to victims by checking daily crime records to identify victims and assess their needs • Coordinates victim services with the District and County Attorney's victim services representative • Assures compliance with state law regarding crime victim requirements through continued training for Department employees • Can provide logistical support when families are displaced, caregivers for children or elderly are injured, arrested or simply involved in the immediate investigation of an offense • Provides emotional support and provides referrals to appropriate service agencies for counseling and other support services Budget Request: The police department requests the creation of a crime victim liaison position. The weighted salary for this position is $59,860.00. The plan is to have the crime victim liaison provide victim services to two additional cities, Cibolo and Live Oak. In return for services rendered, each city will contribute $25,000 each toward the salary and cost of this position. It is expected that Schertz Police Department will be the primary user of the services. Vehicles In addition to the position, an additional vehicle will be necessary. The cost to lease a vehicle is $350.00 monthly for a total annual cost of $4,200.00. Fuel It is estimated this position will require an additional $2,200.00 in fuel cost annually. Equipment Desk, chair, computer, cabinet and office supplies estimated at $2,100.00 Remodeling an office (currently juvenile 1) to accommodate position $1,500.00 Breakdown Cost of Project Total Cost for Project $26,967.60 Consequences of not funding positions Being the victim of a crime can be a very traumatic experience. This is particularly true for victims of violent crimes. Victims are faced with financial difficulties, a confusing court system, and possible emotional problems. With the city growing and the potential of more victims, we have an obligation to our citizens to have a true support system in place, something that we currently lack. If we do not have a position that can manage these types of services we may neglect our citizens by not providing the necessary support. Additionally, without a specific person assigned to this position, the possibility of our noncompliance to State law is perpetuated. Time Frame: Become effective October 1, 2014 and be on going. CHAPTER 56. RIGHTS OF CRIME VICTIMS SUBCHAPTER A. CRIME VICTIMS' RIGHTS Art. 56.01. DEFINITIONS. In this chapter: (1) "Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim. (2) "Guardian of a victim" means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim. (2-a) "Sexual assault" means an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code. (3) "Victim" means a person who is the victim of the offense of sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another. Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2005, 79th Leg., Ch. 66 (H.B. 1489), Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 268 September 1, 2005. Acts 2007, 80th Leg., R.S., Ch eff. September 1, 2007. (S.B. 6), Sec. 1.126, eff. 593 (H.B. 8), Sec. 3.20, Acts 2009, 81st Leg., R.S., Ch. 372 (H.B. 1372), Sec. 1, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 1, eff. September 1, 2013. Art. 56.02. CRIME VICTIMS' RIGHTS. Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 651 (H.B. 899), Sec. 1 (2) the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused; (3) the right, if requested, to be informed: (A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and (B) by an appellate court of decisions of the court, after the decisions are entered but before the decisions are made public; procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process; (5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender; (7) the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this subchapter, and to be notified, if requested, of the defendant's release; (8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings; (10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause; (12) the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice; (13) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered: (A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and (B) by the Board of Pardons and Paroles before an inmate is released on parole; (15) for a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance; and (16) if the offense is a capital felony, the right to: (A) receive by mail from the court a written explanation of defense-initiated victim outreach if the court has authorized expenditures for a defense-initiated victim outreach specialist; (B) not be contacted by the victim outreach specialist unless the victim, guardian, or relative has consented to the contact by providing a written notice to the court; and (C) designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person. Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 2 (a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system: (1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts; (2) the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused; (3) the right, if requested, to be informed: (A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and (B) by an appellate court of decisions of the court, after the decisions are entered but before the decisions are made public; (4) the right to be informed, when requested, by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process; (5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender; (6) the right to receive information regarding compensation to victims of crime as provided by Subchapter B, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment for a medical examination under Article 56006 for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance; (7) the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this subchapter, and to be notified, if requested, of the defendant's release; (8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings; (9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose; (10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause; (11) the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice; (12) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered: (A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and (B) by the Board of Pardons and Paroles before an inmate is released on parole; and (13) for a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance. (b) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case. Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 651 (H.B. 899), Sec. 1 (c) The office of the attorney representing the state, and Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 2 (c) The office of the attorney representing the state, and (d) A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this article or Article 56.021. The failure or inability of any person to provide a right or service enumerated in this article or Article 56.021 may not be used by a defendant in a criminal case as a ground for appeal, a ground to set aside the conviction or sentence, or a ground in a habeas corpus petition. A victim, guardian of a victim, or close relative of a deceased victim does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985. Subsec. (a) amended by Acts 1987, 70th Leg., ch. 433, Sec. 1, eff. Aug. 31, 1987; Subsecs. (a), (c) amended by Acts 1987, 70th Leg., ch. 929, Sec. 1, eff. Sept. 1, 1987; Subsec. (c) amended by Acts 1989, 71st Leg., ch. 996, Sec. 1, eff. Sept. 1, 1989; Subsecs. (a), (d) amended by Acts 1991, 72nd Leg., ch. 202, Sec. 3, eff. Sept. 1, 1991; Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 811, Sec. 3, eff. Sept. 1, 1993; Subsec. (a)(6) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsecs. (a), (b) amended by Acts 2001, 77th Leg., ch. 1034, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 498 (H.B. 544), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.21, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 664 (H.B. 2236), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1140 (H.B. 2626), Sec. 1, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 651 (H.B. 899), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 2, eff. September 1, 2013. to the attorney representing the state and the attorney representing the state and the law enforc`em Added by Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 3, eff. September 1, 2013. Art. 56.03. VICTIM IMPACT STATEMENT. (a) The Texas Crime Victim Clearinghouse, with the participation of the community justice assistance division of the Texas Department of Criminal Justice and the Board of Pardons and Paroles, shall develop a form to be used by law enforcement agencies, prosecutors, and other participants in the criminal justice system to record the impact of an offense on a victim of the offense, guardian of a victim, or a close relative of a deceased victim and to provide the agencies, prosecutors, and participants with information needed to contact the victim, guardian, or relative if needed at any stage of a prosecution of a person charged with the offense. The Texas Crime Victim Clearinghouse, with the participation of the community justice assistance division of the Texas Department of Criminal Justice and the Board of Pardons and Paroles, shall also develop a victims' information booklet that provides a general explanation of the criminal justice system to victims of an offense, guardians of victims, and relatives of deceased victims. (b) The victim impact statement must be in a form designed to inform a victim, guardian of a victim, or a close relative of a deceased victim with a clear statement of rights provided by Articles 56.02 and 56.021 and to collect the following information: (1) the name of the victim of the offense or, if the victim has a legal guardian or is deceased, the name of a guardian or close relative of the victim; (2) the address and telephone number of the victim, guardian, or relative through which the victim, guardian of a victim, or a close relative of a deceased victim, may be contacted; (3) a statement of economic loss suffered by the victim, guardian, or relative as a result of the offense; (4) a statement of any physical or psychological injury suffered by the victim, guardian, or relative as a result of the offense, as described by the victim, guardian, relative, or by a physician or counselor; (5) a statement of any psychological services requested as a result of the offense; (6) a statement of any change in the victim's, guardian's, or relative's personal welfare or familial relationship as a result of the offense; (7) a statement as to whether or not the victim, guardian, or relative wishes to be notified in the future of any parole hearing for the defendant and an explanation as to the procedures by which the victim, guardian, or relative may obtain information concerning the release of the defendant from the Texas Department of Criminal Justice; and (8) any other information, other than facts related to the commission of the offense, related to the impact of the offense on the victim, guardian, or relative. (c) The victim assistance coordinator, designated in Article 56.04(a) of this code, shall send to a victim, guardian of a victim, or close relative of a deceased victim a victim impact statement, a victims' information booklet, and an application for compensation under Subchapter B, Chapter 56, along with an offer to assist in completing those forms on request. The victim assistance coordinator, on request, shall explain the possible use and consideration of the victim impact statement at sentencing and future parole hearing of the offender. (d) If a victim, guardian of a victim, or close relative of a deceased victim states on the victim impact statement that he wishes to be notified of parole proceedings, the victim, guardian, or relative is responsible for notifying the Board of Pardons and Paroles of any change of address. (e) Prior to the imposition of a sentence by the court in a criminal case, the court shall, as applicable in the case, inquire as to whether a victim impact statement has been returned to the attorney representing the state and, if a victim impact statement has been returned to the attorney representing the state, consider the information provided in the statement. Before sentencing the defendant, the court shall permit the defendant or the defendant's counsel a reasonable time to read the statement, excluding the victim's name, address, and telephone number, comment on the statement, and, with the approval of the court, introduce testimony or other information alleging a factual inaccuracy in the statement. If the court sentences the defendant to a term of community supervision, the attorney representing the state shall forward any victim's impact statement received in the case to the community supervision and corrections department supervising the defendant. (f) The court may not inspect a victim impact statement until after a finding of guilt or until deferred adjudication is ordered and the contents of the statement may not be disclosed to any person unless: (1) the defendant pleads guilty or nolo contendere or is convicted of the offense; or (2) the defendant in writing authorizes the court to inspect the statement. (g) A victim impact statement is subject to discovery under Article 39.14 of this code before the testimony of the victim is taken only if the court determines that the statement contains exculpatory material. (h) Not later than December 1 of each odd-numbered year, the Texas Crime Victim Clearinghouse, with the participation of the community justice assistance division of the Texas Department of Criminal Justice and the Board of Pardons and Paroles, shall update the victim impact statement form and any other information provided by the commission to victims, guardians of victims, and relatives of deceased victims, if necessary, to reflect changes in law relating to criminal justice and the rights of victims and guardians and relatives of victims. (i) In addition to the information described by Subsections (b)(1)-(8), the victim impact statement must be in a form designed to collect information on whether, if the victim is a child, there is an existing court order granting to the defendant possession of or access to the victim. If information collected under this subsection indicates the defendant is granted access or possession under court order and the defendant is subsequently confined by the Texas Department of Criminal Justice as a result of the commission of the offense, the victim services office of the department shall contact the court issuing the order before the defendant is released from the department on parole or mandatory supervision. Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985. Subsecs. (a), (c) amended by Acts 1987, 70th Leg., ch. 929, Sec. 2, eff. Sept. 1, 1987; Subsec. (e) amended by Acts 1987, 70th Leg., ch. 433, Sec. 2, eff. Aug. 31, 1987; Subsec. (h) added by Acts 1987, 70th Leg., ch. 929, Sec. 3, eff. Sept. 1, 1987; Subsec. (c) amended by Acts 1989, 71st Leg., ch. 996, Sec. 2, eff. Sept. 1, 1989; amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsec. (i) added by Acts 1997, 75th Leg., ch. 670, Sec. 5, eff. Sept. 1, 1997; Subsec. (e) amended by Acts 2001, 77th Leg., ch. 1034, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.038, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 25, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 4, eff. September 1, 2013. Art. 56.04. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON. (a) The district attorney, criminal district attorney, or county attorney who prosecutes criminal cases shall designate a person to serve as victim assistance coordinator in that jurisdiction. (b) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians, and relatives by Articles 56.02 and 56.021. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the Board of Pardons and Paroles, and the judiciary in carrying out that duty. agency shall consult with the victim assistance coordinator in the office of the attorney representing the state to determine the most effective manner in which the crime victim liaison can perform the duties imposed on the crime victim liaison under this article. (d-1) The victim services division of the Texas Department of Criminal Justice, in consultation with the Board of Pardons and Paroles, law enforcement agencies, prosecutors' offices, and other participants in the criminal justice system, shall develop recommendations to ensure that completed victim impact statements are submitted to the Texas Department of Criminal Justice as provided by this chapter. (e) On inquiry by the court, the attorney representing the state shall make available a copy of a victim impact statement for consideration by the court sentencing the defendant. If the court sentences the defendant to imprisonment in the Texas Department of Criminal Justice, the court shall attach the copy of the victim impact statement to the commitment papers. (f) The commissioners court may approve a program in which the crime victim liaison or victim assistance coordinator may offer not more than 10 hours of posttrial psychological counseling for a person who serves as a juror or an alternate juror in a criminal trial involving graphic evidence or testimony and who requests the posttrial psychological counseling not later than the 180th day after the date on which the jury in the trial is dismissed. The crime victim liaison or victim assistance coordinator may provide the counseling using a provider that assists local criminal justice agencies in providing similar services to victims. Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 996, Sec. 3, eff. Sept. 1, 1989; Subsec. (a) amended by Acts 1991, 72nd Leg., ch. 202, Sec. 4, eff. Sept. 1, 1991. Amended by: Acts 2007, 80th Leg., R.S., Ch. eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 25.039, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. eff. September 1, 2013. 1378 (S.B. 560), Sec. 6, 87 (S.B. 1969), Sec. 93 (H.B. 608), Sec. 1, eff. 1154 (S.B. 213), Sec. 26, 1345 (S.B. 1192), Sec. 5, defined by Section 420.003, Government Code, who has completed a sexual assault training program described by Section 420.011(b), (c) Notwithstanding Subsection (a), the advocate and the sexual assault program providing the advocate may not delay or otherwise impede the screening or stabilization of an emergency medical condition. (d) The sexual assault program providing the advocate shall pay all costs associated with providing the advocate. (e) Any individual or entity, including a health care facility, that provides an advocate with access to a person consenting to an examination under Subsection (a) is not subject to civil or criminal liability for providing that access. In this subsection, "health care facility" includes a hospital licensed under Chapter 241, Health and Safety Code. (f) If a person alleging to have sustained injuries as the victim of a sexual assault was confined in a penal institution, as defined by Section 1.07, Penal Code, at the time of the alleged assault, the penal institution shall provide, at the person's request, a representative to be present with the person at any forensic medical examination conducted for the purpose of collecting and preserving evidence related to the investigation or prosecution of the alleged assault. The representative may only provide the injured person with counseling and other support services and with information regarding the rights of crime victims under Articles 56.02 and 56.021 and may not delay or otherwise impede the screening or stabilization of an emergency medical condition. The representative must be approved by the penal institution and must be a: (1) psychologist; (2) sociologist; (3) chaplain; (4) social worker; (-')) case manager; or (6) volunteer who has completed a sexual assault training program described by Section 420.011(b), Government Code. Added by Acts 2001, 77th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 6, eff. September 1, 2013. Art. 56.05. REPORTS REQUIRED. (a) The Board of Pardons and Paroles, the community justice assistance division of the Texas Department of Criminal Justice, and the Texas Crime Victim Clearinghouse, designated as the planning body for the purposes of this article, shall develop a survey plan to maintain statistics on the numbers and types of persons to whom state and local agencies provide victim impact statements during each fl� protect the privacy of persons afforded rights under this chapter and to determine whether the selected agency or office is making a good faith effort to protect the rights of the persons served. and attorneys representing the state Added by Acts 1985, 69th Leg., ch. 588, 1985. Subsec. (c) added by Acts 1989, 4, eff. Sept. 1, 1989. Amended by: Sec. 1, eff. Sept. 1, 71st Leg., ch. 996, Sec. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.040, eff. September 1, 2009. medical examination under this subsection only if the person reporting the sexual assault has made one or more false reports of sexual assault to any law enforcement agency and if there is no other evidence to corroborate the current allegations of sexual assault. (b) If a sexual assault is not reported within the period described by Subsection (a), on receiving the consent described by that subsection the law enforcement agency may request a medical examination of a victim of an alleged sexual assault as considered appropriate by the agency. (d) A law enforcement agency or prosecuting attorney's office may pay all costs related to the testimony of a licensed health care professional in a criminal proceeding regarding the results of the medical examination or manner in which it was performed. (e) This article does not require a law enforcement agency to pay any costs of treatment for injuries. Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.05(a), eff. Aug. 28, 1989. Subsec. (a) amended by Acts 1991, 72nd Leg., ch. 75, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1507, Sec. 1, eff. June 15, 2001. Amended by: Acts 2005, 79th Leg., Ch. 498 (H.B. 544), Sec. 2, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1140 (H.B. 2626), Sec. 2, eff. June 19, 2009. Art. 56.065. MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM WHO HAS NOT REPORTED ASSAULT; COSTS. (a) In this article: (1) "Crime laboratory" has the meaning assigned by Article 38.35. (2) "Department" means the Department of Public Safety. (3) "Sexual assault examiner" and "sexual assault nurse examiner" have the meanings assigned by Section 420.003, Government Code. (b) This article applies to the following health care facilities that provide diagnosis or treatment services to victims of sexual assault: (1) a general or special hospital licensed under Chapter 241, Health and Safety Code; (2) a general or special hospital owned by this state; (3) an outpatient clinic; and (4) a private physician's office. (c) In accordance with Subchapter B, Chapter 420, Government Code, and except as provided by Subsection (e), a health care facility shall conduct a forensic medical examination of the victim of an alleged sexual assault if: (1) the victim arrives at the facility within 96 hours after the assault occurred; (2) the victim consents to the examination; and (3) at the time of the examination the victim has not reported the assault to a law enforcement agency. (d) The department shall pay the appropriate fees, as set by attorney general rule, for the forensic portion of the medical examination and for the evidence collection kit if a physician, sexual assault examiner, or sexual assault nurse examiner conducts the forensic portion of the examination within 96 hours after the alleged sexual assault occurred. The attorney general shall reimburse the department for fees paid under this subsection. (e) If a health care facility does not provide diagnosis or treatment services to victims of sexual assault, the facility shall refer a victim seeking a forensic medical examination under Subsection (c) to a health care facility that provides services to those victims. (f) The department, consistent with Chapter 420, Government Code, may develop procedures regarding the submission or collection of additional evidence of the alleged sexual assault other than through an examination as described by this article. (g) The department, consistent with Chapter 420, Government Code, shall develop procedures for the transfer and preservation of evidence collected under this article to a crime laboratory or other suitable location designated by the public safety director of the department. The receiving entity shall preserve the evidence until the earlier of: (1) the second anniversary of the date the evidence was collected; or (2) the date on which written consent to release the evidence is obtained as provided by Section 420.0735, Government Code. (h) The victim may not be required to: (1) participate in the investigation or prosecution of an offense as a condition of receiving a forensic medical examination under this article; or (2) pay for the forensic portion of the medical examination or for the evidence collection kit. (i) The attorney general and the department each shall adopt rules as necessary to implement this article. (j) A communication or record that contains identifying information regarding a person who receives a forensic medical examination under this article and that is created by, provided to, or in the control or possession of the department is confidential for purposes of Section 552.101, Government Code. In this subsection, "identifying information" includes: (1) information revealing the identity, personal history, or background of the person; or (2) information concerning the victimization of the person. Added by Acts 2009, 81st Leg., R.S., 3, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. eff. September 1, 2011. Ch. 1140 (H.B. 2626), Sec. 826 (H.B. 2966), Sec. 1, 1105 (S.B. 1636), Sec. 12, Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991. Subd. (2) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 788, Sec. 1, eff. June 20, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1345 (S.B. 1192), Sec. 7, eff. September 1, 2013. Art. 56.08. NOTIFICATION OF RIGHTS BY ATTORNEY REPRESENTING THE STATE. (a) Not later than the 10th day after the date that an indictment or information is returned against a defendant for an offense, the attorney representing the state shall give to each victim of the offense a written notice containing: (1) a brief general statement of each procedural stage in the processing of a criminal case, including bail, plea bargaining, parole restitution, and appeal; (2) notification of the rights and procedures under this chapter; (3) suggested steps the victim may take if the victim is subjected to threats or intimidation; (4) notification of the right to receive information regarding compensation to victims of crime as provided by Subchapter B, including information about: (A) the costs that may be compensated under Subchapter B, eligibility for compensation, and procedures for application for compensation under Subchapter B of this chapter; (B) the payment for a medical examination for a victim of a sexual assault under Article 56.06; and (C) referral to available social service agencies that may offer additional assistance; (5) the name, address, and phone number of the local victim assistance coordinator; (6) the case number and assigned court for the case; (7) the right to file a victim impact statement with the office of the attorney representing the state and the Texas Department of Criminal Justice; and (8) notification of the right of a victim, guardian of a victim, or close relative of a deceased victim, as defined by Section 508.117, Government Code, to appear in person before a member of the Board of Pardons and Paroles as provided by Section 508.153, Government Code. (b) If requested by the victim, the attorney representing the state, as far as reasonably practical, shall give to the victim notice of any scheduled court proceedings, changes in that schedule, and the filing of a request for continuance of a trial setting. (b-1) The attorney representing the state, as far as reasonably practical, shall give to the victim, guardian of a victim, or close relative of a deceased victim notice of the existence and terms of any plea bargain agreement to be presented to the court. (c) A victim who receives a notice under Subsection (a) and who chooses to receive other notice under law about the same case must keep the following persons informed of the victim's current address and phone number: (1) the attorney representing the state; and (2) the Texas Department of Criminal Justice if after sentencing the defendant is confined in the department. (d) An attorney representing the state who receives information concerning a victim's current address and phone number shall immediately provide that information to the community supervision and corrections department supervising the defendant, if the defendant is placed on community supervision. (e) The brief general statement describing the plea bargaining stage in a criminal trial required by Subsection (a)(1) shall include a statement that: (1) the victim impact statement provided by the victim, guardian of a victim, or close relative of a deceased victim will be considered by the attorney representing the state in entering into the plea bargain agreement; and (2) the judge before accepting the plea bargain agreement is required under Article 26.13(e) to ask: (A) whether a victim impact statement has been returned to the attorney; (B) if a victim impact statement has been returned, for a copy of the statement; and (C) whether the attorney representing the state has given the victim, guardian of a victim, or close relative of a deceased victim notice of the existence and terms of the plea bargain agreement. Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 253, Sec. 2, eff. Sept. 1, 1995; Subsec. (a)(4) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsec. (d) added by Acts 1995, 74th Leg., ch. 252, Sec. 2, eff. Sept. 1, 1995; Subsec. (a) amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.04, eff. Sept. 1, 1997; Subsec. (e) added by Acts 2001, 77th Leg., ch. 1034, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.041, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1073 (S.B. 1010), Sec. 2, eff. September 1, 2011. Art. 56.09. VICTIM'S RIGHT TO PRIVACY. As far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime. The phone number of the victim may not be a part of the court file. Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991. Art. 56.10. VICTIM'S DISCOVERY ATTENDANCE. Unless absolutely necessary, victims or witnesses who are not incarcerated may not be required to attend depositions in a correctional facility. Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991. Art. 56.11. NOTIFICATION TO VICTIM OR WITNESS OF RELEASE OR ESCAPE OF DEFENDANT. (a) The Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff in the case of a misdemeanor, shall notify the victim of the offense or a witness who testified against the defendant at the trial for the offense, other than a witness who testified in the course and scope of the witness's official or professional duties, whenever a defendant convicted of an offense described by Subsection (c): (1) completes the defendant's sentence and is released; or (2) escapes from a correctional facility. (a-1) The Texas Department of Criminal Justice, in the case of an inmate released on parole or to mandatory supervision following a term of imprisonment for an offense described by Subsection (c), or a community supervision and corrections department supervising a defendant, in the case of a defendant convicted of an offense described by Subsection (c) and subsequently released on community supervision, shall notify a victim or witness described by Subsection (a) whenever the inmate or defendant, if subject to electronic monitoring as a condition of release, ceases to be electronically monitored. (b) If the Texas Department of Criminal Justice is required by Subsection (a) to give notice to a victim or witness, the department shall also give notice to local law enforcement officials in the county in which the victim or witness resides. (c) This article applies to a defendant convicted of: (1) an offense under Title 5, Penal Code, that is punishable as a felony; (2) an offense described by Section 508.187(a), Government Code, other than an offense described by Subdivision (1) ; or (3) an offense involving family violence, stalking, or violation of a protective order or magistrate's order. (d) It is the responsibility of a victim or witness desiring notification of the defendant's release to provide the Texas Department of Criminal Justice, the sheriff, or the community supervision and corrections department supervising the defendant, as appropriate, with the e-mail address, mailing address, and telephone number of the victim, witness, or other person through whom the victim or witness may be contacted and to notify the appropriate department or the sheriff of any change of address or telephone number of the victim, witness, or other person. Information obtained and maintained by the Texas Department of Criminal Justice, a sheriff, or a community supervision and corrections department under this subsection is privileged and confidential. (e) The Texas Department of Criminal Justice, the sheriff, or the community supervision and corrections department supervising the defendant, as appropriate: (1) shall make a reasonable attempt to give any notice required by Subsection (a) or (a-1): (A) not later than the 30th day before the date the defendant completes the sentence and is released or ceases to be electronically monitored as a condition of release; or (B) immediately if the defendant escapes from the correctional facility; and (2) may give any notice required by Subsection (a) or (a-1) by e-mail, if possible. (f) An attempt by the Texas Department of Criminal Justice, the sheriff, or the community supervision and corrections department supervising the defendant to give notice to a victim or witness at the victim's or witness's last known mailing address or, if notice via e-mail is possible, last known e-mail address, as shown on the records of the appropriate department or agency, constitutes a reasonable attempt to give notice under this article. (g) Not later than immediately following the conviction of a defendant described by Subsection (c), the attorney who represented the state in the prosecution of the case shall notify in writing a victim or witness described by Subsection (a) of the victim's or witness's right to receive notice under this article. (h) In this article: (1) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Added by Acts 1993, 73rd Leg., ch. 10, Sec. 6, eff. March 19, 1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 657, Sec. 6, eff. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 1, Sec. 8, eff. Jan. 28, 1997. Amended by Acts 1997, 75th Leg., ch. 670, Sec. 6, eff. Sept. 1, 1997; Subsec. (c) amended by Acts 2001, 77th Leg., ch. 978, Sec. 3, eff. Sept. 1, 2001; Subsec. (g) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(k), eff. Sept. 1, 2003. Amended by: Acts 2007, eff. September 1, Acts 2009, eff. September 1, 80th Leg., R.S., Ch. 2007. 81st Leg., R.S., Ch. 2009. 458 (H.B. 963), Sec. 1, 618 (H.B. 1003), Sec. 1, Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The Texas Department of Criminal Justice shall immediately notify the victim of an offense, the victim's guardian, or the victim's close relative, if the victim is deceased, if the victim, victim's guardian, or victim's close relative has notified the department as provided by Subsection (b), whenever the defendant: (1) escapes from a facility operated by the department for the imprisonment of individuals convicted of felonies other than state jail felonies; or (2) is transferred from the custody of a facility operated by the department for the imprisonment of individuals convicted of felonies other than state jail felonies to the custody of a peace officer under a writ of attachment or a bench warrant. (a-1) The Texas Department of Criminal Justice shall immediately notify a witness who testified against a defendant at the trial for the offense for which the defendant is incarcerated, the witness's guardian, or the witness's close relative, if the witness is deceased, if the witness, witness's guardian, or witness's close relative has notified the department as provided by Subsection (b), whenever the defendant: (1) escapes from a facility operated by the department for the imprisonment of individuals convicted of felonies other than state jail felonies; or (2) is transferred from the custody of a facility operated by the department for the imprisonment of individuals convicted of felonies other than state jail felonies to the custody of a peace officer under a writ of attachment or a bench warrant. (b) It is the responsibility of the victim, witness, guardian, or close relative desiring notification of a defendant's escape or transfer from custody under a writ of attachment or bench warrant to notify the Texas Department of Criminal Justice of the desire for notification and any change of address. (c) In providing notice under Subsection (a)(2) or (a- 1)(2), the department shall include the name, address, and telephone number of the peace officer receiving the defendant into custody. On returning the defendant to the custody of the department, the victim services division of the department shall notify the victim, witness, guardian, or close relative, as applicable, of that fact. (d) In this article, "witness's close relative" means a person who was the spouse of the deceased witness at the time of the witness's death or who is a parent or adult brother, sister, or child of the deceased witness. Added by Acts 1995, 74th Leg., ch. 251, Sec. 1, eff. May 29, 1995. Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 6, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 458 (H.B. 963), Sec. 2, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.042, eff. September 1, 2009. Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services division of the Texas Department of Criminal Justice shall: (1) train volunteers to act as mediators between victims, guardians of victims, and close relatives of deceased victims and offenders whose criminal conduct caused bodily injury or death to victims; and (2) provide mediation services through referral of a trained volunteer, if requested by a victim, guardian of a victim, or close relative of a deceased victim. Added by Acts 2001, 77th Leg., ch. 1034, Sec. 7, eff. Sept. 1, 2001. Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas Crime Victim Clearinghouse may conduct an annual conference to provide to participants in the criminal justice system training containing information on crime victims' rights. (b) The clearinghouse may charge fees to persons attending the conference described by Subsection (a). Added by Acts 2001, 77th Leg., ch. 1034, Sec. 7, eff. Sept. 1, 2001. Art. 56.15. COMPUTERIZED DATABASE; DEFENDANT RELEASE INFORMATION. The Texas Department of Criminal Justice shall: (1) create and maintain a computerized database containing the release information and release date of a defendant described by Article 56.11(c); and (2) allow a victim or witness entitled to notice under Article 56.11 or 56.12 to access via the Internet the computerized database maintained under Subdivision (1). Added by Acts 2007, 80th Leg., R.S., Ch. 458 (H.B. 963), Sec. 3, eff. September 1, 2007. SUBCHAPTER B. CRIME VICTIMS' COMPENSATION Art. 56.31. SHORT TITLE. This subchapter may be cited as the Crime Victims' Compensation Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.311. LEGISLATIVE FINDINGS AND INTENT. The legislature recognizes that many innocent individuals suffer personal injury or death as a result of criminal acts. Crime victims and persons who intervene to prevent criminal acts often suffer disabilities, incur financial burdens, or become dependent on public assistance. The legislature finds that there is a need for the compensation of victims of crime and those who suffer personal injury or death in the prevention of crime or in the apprehension of criminals. It is the legislature's intent that the compensation of innocent victims of violent crime encourage greater public cooperation in the successful apprehension and prosecution of criminals. Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.32. DEFINITIONS. (a) In this subchapter: (1) "Child" means an individual younger than 18 years of age who: (A) is not married; or (B) has not had the disabilities of minority removed for general purposes under Chapter 31, Family Code. (2) "Claimant" means, except as provided by Subsection (b), any of the following individuals who is entitled to file or has filed a claim for compensation under this subchapter: (A) an authorized individual acting on behalf of a victim; (B) an individual who legally assumes the obligation or who voluntarily pays medical or burial expenses of a victim incurred as a result of the criminally injurious conduct of another; (C) a dependent of a victim who died as a result of criminally injurious conduct; (D) an immediate family member or household member of a victim who: (i) requires psychiatric care or counseling as a result of the criminally injurious conduct; or (ii) as a result of the criminally injurious conduct, incurs with respect to a deceased victim expenses for traveling to and attending the victim's funeral or suffers wage loss from bereavement leave taken in connection with the death of that victim; or (E) an authorized individual acting on behalf of an individual who is described by Subdivision (C) or (D) and who is a child. (3) "Collateral source" means any of the following sources of benefits or advantages for pecuniary loss that a claimant or victim has received or that is readily available to the claimant or victim from: (A) the offender under an order of restitution to the claimant or victim imposed by a court as a condition of community supervision; (B) the United States, a federal agency, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them in excess of or secondary to benefits under this subchapter; (C) social security, Medicare, or Medicaid; (D) another state's or another country's crime victims' compensation program; (E) workers' compensation; (F) an employer's wage continuation program, not including vacation and sick leave benefits; (G) proceeds of an insurance contract payable to or on behalf of the claimant or victim for loss that the claimant or victim sustained because of the criminally injurious conduct; (H) a contract or self-funded program providing hospital and other health care services or benefits; or (I) proceeds awarded to the claimant or victim as a result of third-party litigation. (4) "Criminally injurious conduct" means conduct that: (A) occurs or is attempted; (B) poses a substantial threat of personal injury or death; (C) is punishable by fine, imprisonment, or death, or would be punishable by fine, imprisonment, or death if the person engaging in the conduct possessed capacity to commit the conduct; and (D) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or water vehicle, unless the conduct is intended to cause personal injury or death or the conduct is in violation of Section 545.157 or 545.401, Transportation Code, and results in bodily injury or death, or is in violation of Section 550.021, Transportation Code, or one or more of the following sections of the Penal Code: homicide) ; intoxicated); intoxicated); intoxicated); assault); or (i) Section 19.04 (manslaughter); (ii) Section 19.05 (criminally negligent (iii) Section 22.02 (aggravated assault); (iv) Section 22.05 (deadly conduct); (v) Section 49.04 (driving while (vi) Section 49.05 (flying while (vii) Section 49.06 (boating while (viii) Section 49.07 (intoxication (ix) Section 49.08 (intoxication manslaughter) . (5) "Dependent" means: (A) a surviving spouse; (B) a person who is a dependent, within the meaning of the Internal Revenue Code, of a victim; and (C) a posthumous child of a deceased victim. (6) "Household member" means an individual who resided in the same permanent household as the victim at the time that the criminally injurious conduct occurred and who is related by consanguinity or affinity to the victim. (7) "Immediate family member" means an individual who is related to a victim within the second degree by affinity or consanguinity. (8) "Intervenor" means an individual who goes to the aid of another and is killed or injured in the good faith effort to prevent criminally injurious conduct, to apprehend a person reasonably suspected of having engaged in criminally injurious conduct, or to aid a peace officer. (9) "Pecuniary loss" means the amount of expense reasonably and necessarily incurred as a result of personal injury or death for: (A) medical, hospital, nursing, or psychiatric care or counseling, or physical therapy; (B) actual loss of past earnings and anticipated loss of future earnings and necessary travel expenses because of: (i) a disability resulting from the personal injury; (ii) the receipt of medically indicated services related to the disability resulting from the personal injury; or (iii) participation in or attendance at investigative, prosecutorial, or judicial processes related to the criminally injurious conduct and participation in or attendance at any postconviction or postadjudication proceeding relating to criminally injurious conduct; (C) care of a child or dependent; (D) funeral and burial expenses, including, for an immediate family member or household member of the victim, the necessary expenses of traveling to and attending the funeral; (E) loss of support to a dependent, consistent with Article 56.41(b)(5); (F) reasonable and necessary costs of cleaning the crime scene; (G) reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation; (H) reasonable and necessary costs, as provided by Article 56.42(d), incurred by a victim of family violence or a victim of sexual assault who is assaulted in the victim's place of residence for relocation and housing rental assistance payments; (I) for an immediate family member or household member of a deceased victim, bereavement leave of not more than 10 work days; and (J) reasonable and necessary costs of traveling to and from a place of execution for the purpose of witnessing the execution, including one night's lodging near the place at which the execution is conducted. (10) "Personal injury" means physical or mental harm. (11) "Victim" means, except as provided by Subsection (c): (A) an individual who: (i) suffers personal injury or death as a result of criminally injurious conduct or as a result of actions taken by the individual as an intervenor, if the conduct or actions occurred in this state; and (ii) is a resident of this state, another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a possession or territory of the United States; (B) an individual who: (i) suffers personal injury or death as a result of criminally injurious conduct or as a result of actions taken by the individual as an intervenor, if the conduct or actions occurred in a state or country that does not have a crime victims' compensation program that meets the requirements of Section 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C. Section 10602(b)); (ii) is a resident of this state; and (iii) would be entitled to compensation under this subchapter if the criminally injurious conduct or actions had occurred in this state; or (C) an individual who: (i) suffers personal injury or death as a result of criminally injurious conduct caused by an act of international terrorism as defined by 18 U.S.C. Section 2331 committed outside of the United States; and (ii) is a resident of this state. (12) "Family violence" has the meaning assigned by Section 71.004(1), Family Code. (13) "Victim-related services or assistance" means compensation, services, or assistance provided directly to a victim or claimant for the purpose of supporting or assisting the recovery of the victim or claimant from the consequences of criminally injurious conduct. (14) "Trafficking of persons" means any offense that results in a person engaging in forced labor or services and that may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code. (b) In this subchapter "claimant" does not include a service provider. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 3, 4, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Subsec. (a)(4) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.27, eff. Sept. 1, 1995; Subsec. (a)(8) amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.55, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997; Subsec. (a)(9) amended by Acts 1999, 76th Leg., ch. 1470, Sec. 1, eff. June 19, 1999; Subsec. (a)(9) amended by Acts 2001, 77th Leg., ch. 11, Sec. 1, eff. Sept. 1, 2001; Subsec. (a)(12) added by Acts 2001, 77th Leg., ch. 11, Sec. 2, eff. Sept. 1, 2001; Subsec. (a)(2) amended by Acts 2003, 78th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 2003; Subsec. (a)(9) amended by Acts 2003, 78th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 2003; amended by Acts 2003, 78th Leg., ch. 1303, Sec. 2, eff. June 21, 2003. Amended by: Acts 2005, 79th Leg., Ch. 66 (H.B. 1489), Sec. 2, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 4.007, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1374 (S.B. 157), Sec. 1, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 8, eff. September 1, 2013. Art. 56.33. ADMINISTRATION; RULES. (a) The attorney general shall adopt rules consistent with this subchapter governing its administration, including rules relating to the method of filing claims and the proof of entitlement to compensation and the review of health care services subject to compensation under this chapter. Subchapters A and B, Chapter 2001, Government Code, except Sections 2001.004(3) and 2001.005, apply to the attorney general. (b) The attorney general may delegate a power, duty, or responsibility given to the attorney general under this subchapter to a person in the attorney general's office. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.34. COMPENSATION. (a) The attorney general shall award compensation for pecuniary loss arising from criminally injurious conduct if the attorney general is satisfied by a preponderance of the evidence that the requirements of this subchapter are met. (b) The attorney general, shall establish whether, as a direct result of criminally injurious conduct, a claimant or victim suffered personal injury or death that resulted in a pecuniary loss for which the claimant or victim is not compensated from a collateral source. (c) The attorney general shall award compensation for health care services according to the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code. (d) The attorney general, a claimant, or a victim is not liable for health care service charges in excess of the medical fee guidelines. A health care provider shall accept compensation from the attorney general as payment in full for the charges unless an investigation of the charges by the attorney general determines that there is a reasonable health care justification for the deviation from the guidelines. (e) A claimant or victim is not liable for the balance of service charges left as a result of an adjustment of payment for the charges under Article 56.58. (f) The compensation to victims of crime fund and the compensation to victims of crime auxiliary fund are the payers of last resort. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.35. TYPES OF ASSISTANCE. If the attorney general approves an application for compensation under Article 56.41, the attorney general shall determine what type of state assistance will best aid the claimant or victim. The attorney general may do one or more of the following: (1) authorize cash payment or payments to or on behalf of a claimant or victim for pecuniary loss; (2) refer a claimant or victim to a state agency for vocational or other rehabilitative services; or (3) provide counseling services for a claimant or victim or contract with a private entity to provide counseling services. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. (b) The attorney general may extend the time for filing for good cause shown by the claimant or victim. (c) If the victim is a child, the application must be filed within three years from the date the claimant or victim is made aware of the crime but not after the child is 21 years of age. (d) If a claimant or victim presents medically documented evidence of a physical or mental incapacity that was incurred by the claimant or victim as a result of the criminally injurious conduct and that reasonably prevented the claimant or victim from filing the application within the limitations period under Subsection (a), the period of the incapacity is not included. (e) For a claim that is based on criminally injurious conduct in violation of Chapter 19, Penal Code, the claimant must file an application not later than three years after the date the identity of the victim is established by a law enforcement agency. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1993. Amended by Acts 1993, 73rd Leg., ch. Aug. 30, 1993; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1997. Amended by: 6, eff. Sept. 1, 805, Sec. 10, eff. 76, Sec. 5.84(a) , eff. 779, Sec. 1, eff. 1434, Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 496 (S.B. 808), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 716 (H.B. 2916), Sec. 1, eff. June 19, 2009. Art. 56.38. REVIEW; VERIFICATION. (a) The attorney general shall appoint a clerk to review each application for compensation under Article 56.36 to ensure the application is complete. If an application is not complete, the clerk shall return it to the claimant or victim and give a brief statement showing the additional information required. Not later than the 30th day after receiving a returned application, a claimant or victim may: (1) supply the additional information; or (2) appeal the action to the attorney general, who shall review the application to determine whether it is complete. (b) The attorney general may investigate an application. (c) Incident to the attorney general's review, verification, and hearing duties under this subchapter, the attorney general may: (1) subpoena witnesses and administer oaths to determine whether and the extent to which a claimant or victim qualifies for an award; and (2) order a claimant or victim to submit to a mental or physical examination by a physician or psychologist or order an autopsy of a deceased victim as provided by Article 56.39, if the mental, physical, or emotional condition of a claimant or victim is material to a claim. (d) On request by the attorney general and not later than the 14th business day after the date of the request, a law enforcement agency shall release to the attorney general all reports, including witness statements and criminal history record information, for the purpose of allowing the attorney general to determine whether a claimant or victim qualifies for an award and the extent of the qualification. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.385. REVIEW OF HEALTH CARE SERVICES. (a) The attorney general may review the actual or proposed health care services for which a claimant or victim seeks compensation in an application filed under Article 56.36. (b) The attorney general may not compensate a claimant or victim for health care services that the attorney general determines are not medically necessary. (c) The attorney general, a claimant, or a victim is not liable for a charge that is not medically necessary. Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.39. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a) An order for a mental or physical examination or an autopsy as provided by Article 56.38(c)(2) may be made for good cause shown on notice to the individual to be examined and to all persons who have appeared. (b) An order shall: (1) specify the time, place, manner, conditions, and scope of the examination or autopsy; (2) specify the person by whom the examination or autopsy is to be made; and (3) require the person making the examination or autopsy to file with the attorney general a detailed written report of the examination or autopsy. (c) A report shall set out the findings of the person making the examination or autopsy, including: (1) the results of any tests made; and (2) diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. (d) On request of the individual examined, the attorney general shall furnish the individual with a copy of the report. If the victim is deceased, the attorney general on request shall furnish the claimant with a copy of the report. (e) A physician or psychologist making an examination or autopsy under this article shall be compensated from funds appropriated for the administration of this subchapter. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1993. Amended by Acts 1995, 74th Leg., ch eff. Sept. 1, 1995; Acts 1995, 74th Leg., Sept. 1, 1995. Amended by: 6, eff. Sept. 1, 76, Sec. 5.84(a), ch. 779, Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 3.011, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 1, eff. September 1, 2013. Art. 56.40. HEARINGS. (a) The attorney general shall determine whether a hearing on an application for compensation under this subchapter is necessary. (b) If the attorney general determines that a hearing is not necessary, the attorney general may approve the application in accordance with the provisions of Article 56.41. (c) If the attorney general determines that a hearing is necessary or if the claimant or victim requests a hearing, the attorney general shall consider the application at a hearing at a time and place of the attorney general's choosing. The attorney general shall notify all interested persons not less than 10 days before the date of the hearing. (d) At the hearing the attorney general shall: (1) review the application for assistance and the report prepared under Article 56.39 and any other evidence obtained as a result of the attorney general's investigation; and (2) receive other evidence that the attorney general finds necessary or desirable to evaluate the application properly. (e) The attorney general may appoint hearing officers to conduct hearings or prehearing conferences under this subchapter. (f) A hearing or prehearing conference is open to the public unless in a particular case the hearing officer or attorney general determines that the hearing or prehearing conference or a part of it should be held in private because a criminal suspect has not been apprehended or because it is in the interest of the claimant or victim. (g) The attorney general may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, but may make an emergency award under Article 56.50. (h) Subchapters C through H, Chapter 2001, Government Code, do not apply to the attorney general or the attorney general's orders and decisions. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.41. APPROVAL OF CLAIM. (a) The attorney general shall approve an application for compensation under this subchapter if the attorney general finds by a preponderance of the evidence that grounds for compensation under this subchapter exist. (b) The attorney general shall deny an application for compensation under this subchapter if: (1) the criminally injurious conduct is not reported as provided by Article 56.46; (2) the application is not made in the manner provided by Articles 56.36 and 56.37; (3) the claimant or victim knowingly and willingly participated in the criminally injurious conduct; (4) the claimant or victim is the offender or an accomplice of the offender; (5) an award of compensation to the claimant or victim would benefit the offender or an accomplice of the offender; (6) the claimant or victim was incarcerated in a penal institution, as defined by Section 1.07, Penal Code, at the time the offense was committed; or (7) the claimant or victim knowingly or intentionally submits false or forged information to the attorney general. (c) Except as provided by rules adopted by the attorney general to prevent the unjust enrichment of an offender, the attorney general may not deny an award otherwise payable to a claimant or victim because the claimant or victim: (1) is an immediate family member of the offender; or (2) resides in the same household as the offender. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Subsec. (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.28, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.42. LIMITS ON COMPENSATION. (a) Except as otherwise provided by this article, awards payable to a victim and all other claimants sustaining pecuniary loss because of injury or death of that victim may not exceed $50,000 in the aggregate. (b) In addition to an award payable under Subsection (a), the attorney general may award an additional $75,000 for extraordinary pecuniary losses, if the personal injury to a victim is catastrophic and results in a total and permanent disability to the victim, for lost wages and reasonable and necessary costs of: (1) making a home or automobile accessible; (2) obtaining job training and vocational rehabilitation; (3) training in the use of special appliances; (4) receiving home health care; (5) durable medical equipment; (6) rehabilitation technology; and (7) long-term medical expenses incurred as a result of medically indicated treatment for the personal injury. (c) The attorney general may by rule establish limitations on any other pecuniary loss compensated for under this subchapter, including limitations on pecuniary loss incurred as a result of a claimant's travel to and attendance of a deceased victim's funeral. (d) A victim who is a victim of family violence, a victim of trafficking of persons, or a victim of sexual assault who is assaulted in the victim's place of residence may receive a onetime-only assistance payment in an amount not to exceed: (1) $2,000 to be used for relocation expenses, including expenses for rental deposit, utility connections, expenses relating to the moving of belongings, motor vehicle mileage expenses, and for out-of-state moves, transportation, lodging, and meals; and (2) $1,800 to be used for housing rental expenses. (e) An immediate family member or household member of a deceased victim may not receive more than $1,000 in lost wages as a result of bereavement leave taken by the family or household member. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997; Subsec. (d) added by Acts 1999, 76th Leg., ch. 1470, Sec. 2, eff. June 19, 1999; Subsec. (b) amended by Acts 2001, 77th Leg., ch. 274, Sec. 1, eff. Sept. 1, 2001; Subsec. (d) amended by Acts 2001, 77th Leg., ch. 11, Sec. 3, eff. Sept. 1, 2001; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 2003; Subsec. (e) added by Acts 2003, 78th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 9, eff. September 1, 2013. Art. 56.43. ATTORNEY FEES. (a) As part of an order, the attorney general shall determine and award reasonable attorney's fees, commensurate with legal services rendered, to be paid by the state to the attorney representing the claimant or victim. Attorney fees shall not exceed 25 percent of the amount the attorney assisted the claimant or victim in obtaining. Where there is no dispute of the attorney general's determination of the amount of the award due to the claimant or victim and where no hearing is held, the attorney fee shall be the lesser of either 25 percent of the amount the attorney assisted the claimant or victim in obtaining or $300. (b) Attorney fees may be denied on a finding that the claim or appeal is frivolous. (c) An award of attorney fees is in addition to an award of compensation. (d) An attorney may not contract for or receive an amount larger than that allowed under this article. (e) Attorney fees may not be paid to an attorney of a claimant or victim unless an award is made to the claimant or victim. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 9, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.44. PAYMENTS. (a) The attorney general may provide for the payment of an award in a lump sum or in installments. The attorney general shall provide that the part of an award equal to the amount of pecuniary loss accrued to the date of the award be paid in a lump sum. Except as provided in Subsection (b), the attorney general shall pay the part of an award for allowable expense that accrues after the award is made in installments. (b) At the request of the claimant or victim, the attorney general may provide that an award for future pecuniary loss be paid in a lump sum if the attorney general finds that: (1) paying the award in a lump sum will promote the interests of the claimant or victim; or (2) the present value of all future pecuniary loss does not exceed $1,000. (c) The attorney general may not provide for an award for future pecuniary loss payable in installments for a period for which the attorney general cannot reasonably determine the future pecuniary loss. (d) The attorney general may make payments only to an individual who is a claimant or a victim or to a provider on the individual's behalf. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.45. DENIAL OR REDUCTION OF AWARD. The attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency; (2) if the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim because of the claimant's or victim's behavior; (3) to the extent that pecuniary loss is recouped from a collateral source; or (4) if the claimant or victim was engaging in an activity that at the time of the criminally injurious conduct was prohibited by law or a rule made under law. Added by Acts 1993, 73rd Leg., ch. 268, SE 1993. Amended by Acts 1995, 74th Leg., cr eff. Sept. 1, 1995; Acts 1995, 74th Leg., Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1997. c. 6, eff. Sept. 1, 76, Sec. 5.84(a), ch. 779, Sec. 1, eff. 1434, Sec. 1, eff. Art. 56.46. REPORTING OF CRIME. (a) Except as otherwise provided by this article, a claimant or victim may not file an application unless the victim reports the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency within a reasonable period of time, but not so late as to interfere with or hamper the investigation and prosecution of the crime after the criminally injurious conduct is committed. (b) The attorney general may extend the time for reporting the criminally injurious conduct if the attorney general determines that the extension is justified by extraordinary circumstances. (c) Subsection (a) does not apply if the victim is a child. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.47. RECONSIDERATION. (a) The attorney general, on the attorney general's own motion or on request of a claimant or victim, may reconsider: (1) a decision to make or deny an award; or (2) the amount of an award. (b) At least annually, the attorney general shall reconsider each award being paid in installments. (c) An order on reconsideration may require a refund of an award if: (1) the award was obtained by fraud or mistake; or (2) newly discovered evidence shows the claimant or victim to be ineligible for the award under Article 56.41 or 56.45. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 6, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.85(b). Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.48. JUDICIAL REVIEW. (a) Not later than the 40th day after the attorney general renders a final decision, a claimant or victim may file with the attorney general a notice of dissatisfaction with the decision. Not later than the 40th day after the claimant or victim gives notice, the claimant or victim shall bring suit in the district court having jurisdiction in the county in which: (1) the injury or death occurred; (2) the victim resided at the time the injury or death occurred; or (3) if the victim resided out of state at the time of the injury or death, in the county where the injury or death occurred or in a district court of Travis County. (b) While judicial review of a decision by the attorney general is pending, the attorney general: (1) shall suspend payments to the claimant or victim; and (2) may not reconsider the award. (c) The court shall determine the issues by trial de novo. The burden of proof is on the party who filed the notice of dissatisfaction. (d) A court may award not more than 25 percent of the total recovery by the claimant or victim for attorney fees in the event of review. (e) In computing a period under this article, if the last day is a legal holiday or Sunday, the last day is not counted, and the time is extended to include the next business day. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997. Art. 56.49. EXEMPTION; ASSIGNABILITY. (a) An award is not subject to execution, attachment, garnishment, or other process, except that an award is not exempt from a claim of a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are included in the award. (b) An assignment or agreement to assign a right to benefits for loss accruing in the future is unenforceable except: (1) an assignment of a right to benefits for loss of earnings is enforceable to secure payment of alimony, maintenance, or child support; and (2) an assignment of a right to benefits is enforceable to the extent that the benefits are for the cost of products, services, or accommodations: (A) made necessary by the injury or death on which the claim is based; and (B) provided or to be provided by the assignee. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.51. SUBROGATION. If compensation is awarded under this subchapter, the state is subrogated to all the claimant's or victim's rights to receive or recover benefits for pecuniary loss to the extent compensation is awarded from a collateral source. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.52. NOTICE OF PRIVATE ACTION. (a) Before a claimant or victim may bring an action to recover damages related to criminally injurious conduct for which compensation under this subchapter is claimed or awarded, the claimant or victim must give the attorney general written notice of the proposed action. After receiving the notice, the attorney general shall promptly: (1) join in the action as a party plaintiff to recover benefits awarded; (2) require the claimant or victim to bring the action in the claimant's or victim's name as a trustee on behalf of the state to recover benefits awarded; or (3) reserve the attorney general's rights and do neither in the proposed action. (b) If the claimant or victim brings the action as trustee and recovers compensation awarded by the attorney general, the claimant or victim may deduct from the benefits recovered on behalf of the state the reasonable expenses of the suit, including attorney fees, expended in pursuing the recovery for the state. The claimant or victim must justify this deduction in writing to the attorney general on a form provided by the attorney general. (c) A claimant or victim shall not settle or resolve any such action without written authorization to do so from the attorney general. No third party or agents, insurers, or attorneys for third parties shall participate in the settlement or resolution of such an action if they actually know, or should know, that the claimant or victim has received moneys from the fund and is subject to the subrogation provisions of this article. Any attempt by such third party, or agents, insurers, or attorneys of third parties to settle an action is void and shall result in no release from liability to the fund for any rights subrogated pursuant to this article. All such agents, insurers, and attorneys are personally liable to the fund for any moneys paid to a claimant or victim in violation of this subsection, up to the full amount of the fund's right to reimbursement. A claimant, victim, third party, or any agents, attorneys, or insurers of third parties who knowingly or intentionally fail to comply with the requirements of this chapter commits a Class B misdemeanor. (d) A person adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $500; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and imprisonment. Added by Acts 1993, 73rd Leg., ch. 268, 1993. Amended by Acts 1993, 73rd Leg., Aug. 30, 1993; Acts 1995, 74th Leg., c Sept. 1, 1995; Acts 1995, 74th Leg., c Sept. 1, 1995. Sec. 6, eff. Sept. 1, ch. 805, Sec. 11, eff. 76, Sec. 5.84(a), eff. 779, Sec. 1, eff. Art. 56.53. ANNUAL REPORT. Annually, the attorney general shall report to the governor and the legislature on the attorney general's activities, including a statistical summary of claims and awards made and denied. The reporting period is the state fiscal year. The attorney general shall file the report not later than the 100th day after the end of the fiscal year. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.54. FUNDS. (a) The compensation to victims of crime fund and the compensation to victims of crime auxiliary fund are in the state treasury. (b) Except as provided by Subsections (h), (i), (j), and (k) and Article 56.541, the compensation to victims of crime fund may be used only by the attorney general for the payment of compensation to claimants or victims under this subchapter. For purposes of this subsection, compensation to claimants or victims includes money allocated from the fund to the Crime Victims' Institute created by Section 96.65, Education Code, for the operation of the institute and for other expenses in administering this subchapter. The institute shall use money allocated from the fund only for the purposes of Sections 96.65, 96.651, and 96.652, Education Code. (c) Except as provided by Subsections (h), (i), and (1), the compensation to victims of crime auxiliary fund may be used by the attorney general only for the payment of compensation to claimants or victims under this subchapter. (d) The attorney general may not make compensation payments in excess of the amount of money available from the combined funds. (e) General revenues may not be used for payments under this subchapter. (f) The office of the attorney general is authorized to accept gifts, grants, and donations to be credited to the compensation to victims of crime fund and compensation to victims of crime auxiliary fund and shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all gifts, grants, and donations received and disbursed, used, or maintained by the office for the attorney general that are credited to these funds. (g) Money in the compensation to victims of crime fund or in the compensation to victims of crime auxiliary fund may be used only as provided by this subchapter and is not available for any other purpose. Section 403.095, Government Code, does not apply to the fund. (h) An amount of money deposited to the credit of the compensation to victims of crime fund not to exceed one-quarter of the amount disbursed from that fund in the form of compensation payments during a fiscal year shall be carried forward into the next succeeding fiscal year and applied toward the amount listed in the next succeeding fiscal year's method of financing. (i) If the sums available in the compensation to victims of crime fund are sufficient in a fiscal year to make all compensation payments, the attorney general may retain any portion of the fund that was deposited during the fiscal year that was in excess of compensation payments made during that fiscal year as an emergency reserve for the next fiscal year. Such emergency reserve may not exceed $10,000,000. The emergency reserve fund may be used only to make compensation awards in claims and for providing emergency relief and assistance, including crisis intervention, emergency housing, travel, food, or expenses and technical assistance expenses incurred in the implementation of this subsection in incidents resulting from an act of mass violence or from an act of international terrorism as defined by 18 U.S.C. Section 2331, occurring in the state or for Texas residents injured or killed in an act of terrorism outside of the United States. (j) The legislature may appropriate money in the compensation to victims of crime fund to administer the associate judge program under Subchapter C, Chapter 201, Family Code. (k) The attorney general may use the compensation to victims of crime fund to reimburse a law enforcement agency for the reasonable costs of a medical examination that are incurred by the agency under Article 56.06. (1) The attorney general may use the compensation to victims of crime auxiliary fund to cover costs incurred by the attorney general in administering the address confidentiality program established under Subchapter C. (m) Not later than September 15 of each year, the attorney general, after consulting with the comptroller, shall certify the amount of money remaining in the compensation to victims of crime auxiliary fund at the end of the preceding state fiscal year. If the amount remaining in the fund exceeds $5 million, as soon as practicable after the date of certification, the attorney general may transfer from that excess amount in the compensation to victims of crime auxiliary fund to the compensation to victims of crime fund an amount that is not more than 50 percent of the excess amount in the auxiliary fund, to be used only for the purpose of making compensation payments during the fiscal year in which the amount is transferred. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1042, Sec. 2, eff. Sept. 1, 1997; Subsec. (h) added by Acts 1997, 75th Leg., ch. 1042, Sec. 1, eff. June 19, 1997. Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997; Subsec. (j) added by Acts 1999, 76th Leg., ch. 1302, Sec. 13, eff. Sept. 1, 1999; Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1507, Sec. 2, eff. June 15, 2001; Subsec. (k) added by Acts 2001, 77th Leg., ch. 1507, Sec. 3, eff. June 15, 2001; Subsec. (b) amended by Acts 2003, 78th Leg., ch. 927, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. eff. September 1, 2009. 1295 (S.B. 74), Sec. 2, 532 (S.B. 1377), Sec. 1, Art. 56.541. APPROPRIATION OF EXCESS MONEY FOR OTHER CRIME VICTIM ASSISTANCE. (a) Not later than December 15 of each even-numbered year, the attorney general, after consulting with the comptroller, shall prepare forecasts and certify estimates of: (1) the amount of money that the attorney general anticipates will be received from deposits made to the credit of the compensation to victims of crime fund during the next state fiscal biennium, other than deposits of: (A) gifts, grants, and donations; and (B) money received from the United States; (2) the amount of money from the fund that the attorney general anticipates will be obligated during the next state fiscal biennium to comply with this chapter; and (3) the amount of money in the fund that the attorney general anticipates will remain unexpended at the end of the current state fiscal year and that is available for appropriation in the next state fiscal biennium. (b) At the time the attorney general certifies the estimates made under Subsection (a), the attorney general shall also certify for the next state fiscal biennium the amount of excess money in the compensation to victims of crime fund available for the purposes of Subsection (c), calculated by multiplying the amount estimated under Subsection (a)(2) by 105 percent, and subtracting that product from the sum of the amounts estimated under Subsections (a)(1) and (a)(3). (c) For a state fiscal biennium, the legislature may appropriate from the compensation to victims of crime fund the amount of excess money in the fund certified for the biennium under Subsection (b) to state agencies that deliver or fund victim-related services or assistance. (d) The attorney general and the comptroller shall cooperate in determining the proper allocation of the various sources of revenue deposited to the credit of the compensation to victims of crime fund for purposes of this article. (e) The attorney general may use money appropriated from the compensation to victims of crime fund for grants or contracts supporting victim-related services or assistance, including support for private Texas nonprofit corporations that provide victim-related civil legal services directly to victims, immediate family members of victims, or claimants. A grant supporting victim-related services or assistance is governed by Chapter 783, Government Code. (f) The attorney general shall adopt rules necessary to carry out this article. Added by Acts 1997, 75th Leg., ch. 1042, Sec. 3, eff. Sept. 1, 1997. Subsec. (e) amended by Acts 1999, 76th Leg., ch. 1077, Sec. 1, eff. Aug. 30, 1999. Amended by: Acts 2005, 79th Leg., Ch. 66 (H.B. 1489), Sec. 3, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 532 (S.B. 1377), Sec. 2, eff. September 1, 2009. Art. 56.542. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS. (a) In this article, "peace officer": (1) means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2.12 or other law; and (2) includes a former peace officer who because of an injury suffered while performing duties as a peace officer is entitled to receive payments under this article. (b) If a peace officer employed by the state or a local governmental entity in this state sustains an injury as a result of criminally injurious conduct on or after September 1, 1989, in the performance of the officer's duties as a peace officer and presents evidence satisfactory to the attorney general that the officer's condition is a total disability resulting in permanent incapacity for work and that the total disability has persisted for more than 12 months, the officer is entitled to an annual payment equal to the difference between: (1) any amounts received by the officer on account of the injury or disability from other sources of income, including settlements related to the injury or disability, insurance benefits, federal disability benefits, workers' compensation benefits, and benefits from another governmental entity, if those amounts do not exceed the amount described by Subdivision (2) ; and (2) an amount equal to the officer's average annual salary during the officer's final three years as a peace officer. (c) The amount of the payment under Subsection (b) is subject to an annual cost-of-living adjustment computed by the attorney general. The attorney general shall compute the amount of the cost-of-living adjustment by multiplying the amount of the annual payment received by the peace officer under this section during the previous year times the percentage by which the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, or its successor index, increased during the previous calendar year. (d) The attorney general shall compute the amount of an initial payment based on an injury suffered after September 1, 1989, by: (1) computing the amount to which the officer is entitled under Subsection (b); and (2) adding to that amount the cumulative successive cost- of-living adjustments for the intervening years computed from the date of the injury. (e) To receive a payment under this section, a peace officer must furnish to the attorney general: (1) proof that the injury was sustained in the performance of the applicant's duties as a peace officer and is a total disability resulting in permanent incapacity for work; and (2) other information or evidence the attorney general requires. (f) The attorney general may approve the application without a hearing or may conduct a hearing under Article 56.40. The decision of the attorney general is subject to judicial review under Article 56.48. (g) The attorney general may appoint a panel of physicians to periodically review each application for assistance under this article to ensure the validity of the application and the necessity of continued assistance to the peace officer. (h) The attorney general shall notify the comptroller of the attorney general's determination that a claim under this section is valid and justifies payment. On receipt of the notice, the comptroller shall issue a warrant to or in behalf of the claimant in the proper amount from amounts in the compensation to victims of crime fund. A payment under this section to or in behalf of a peace officer is payable as soon as possible after the attorney general notifies the comptroller. (i) The attorney general and the comptroller by rule shall adopt a memorandum of understanding to establish procedures under which annual payments continue to a peace officer until continued assistance is no longer necessary. (j) Article 56.37 does not apply to the filing of an application under this article. Other provisions of this chapter apply to this article to the extent applicable and consistent with this article. (k) The limits on compensation imposed by Article 56.42 do not apply to payments made under this article, but the total aggregate amount of all annual payments made to an individual peace officer under this section may not exceed $200,000. (1) A peace officer who is entitled to an annual payment under Subsection (b) may elect to receive the payment in: (1) a single payment paid each year; or (2) equal monthly installments. Added by Acts 2001, 77th Leg., ch. 1512, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 751 (H.B. 2823), Sec. 1, eff. June 17, 2005. Art. 56.58. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The attorney general shall establish a policy to adjust awards and payments so that the total amount of awards granted in each calendar year does not exceed the amount of money credited to the fund during that year. (b) If the attorney general establishes a policy to adjust awards under Subsection (a), the attorney general, the claimant, or the victim is not liable for the amount of charges incurred in excess of the adjusted amount for the service on which the adjusted payment is determined. (c) A service provider who accepts a payment that has been adjusted by a policy established under Subsection (a) agrees to accept the adjusted payment as payment in full for the service and is barred from legal action against the claimant or victim for collection. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.60. PUBLIC NOTICE. (a) A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notification of the existence and general provisions of this subchapter. The attorney general shall set standards for the location of the display and shall provide posters, application forms, and general information regarding this subchapter to each hospital and physician licensed to practice in this state. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS CONDUCT PROHIBITED; EXCEPTION. (a) Except as provided by Subsection (b), the attorney general may not award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980. (b) The attorney general may award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980, if: (1) the conduct was in violation of Chapter 19, Penal Code; (2) the identity of the victim is established by a law enforcement agency on or after January 1, 2009; and (3) the claimant files the application for compensation within the limitations period provided by Article 56.37(e). Added by Acts 1993, 73rd Leg., ch. 268, SE 1993. Amended by Acts 1995, 74th Leg., cr eff. Sept. 1, 1995; Acts 1995, 74th Leg., Sept. 1, 1995. Amended by: Acts 2009, 81st Leg., R.S., Ch. 496 eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 716 eff. June 19, 2009. 6, eff. Sept. 1, 76, Sec. 5.84(a), ch. 779, Sec. 1, eff. (S.B. 808), Sec. 2, (H.B. 2916), Sec. 2, Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1173 (S.B. 745), Sec. 2, eff. September 1, 2013. Art. 56.62. PUBLIC LETTER OF REPRIMAND. (a) The attorney general may issue a letter of reprimand against an individual if the attorney general finds that the person has filed or has caused to be filed under this subchapter an application for benefits or claim for pecuniary loss that contains a statement or representation that the person knows to be false. (b) The attorney general must give the person notice of the proposed action before issuing the letter. (c) A person may challenge the denial of compensation and the issuance of a letter of reprimand in a contested case hearing under Chapter 2001, Government Code (Administrative Procedure Act). (d) A letter of reprimand issued under this article is public information. Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.63. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $2,500 or more than $25,000 for each application for compensation that: (1) is filed under this subchapter by the person or is filed under this subchapter as a result of conduct of the person; and (2) contains a material statement or representation that the person knows to be false. (b) The attorney general shall institute and conduct the suit to collect the civil penalty authorized by this article on behalf of the state. (c) A civil penalty recovered under this article shall be deposited to the credit of the compensation to victims of crime fund. (d) The civil penalty authorized by this article is in addition to any other civil, administrative, or criminal penalty provided by law. (e) In addition to the civil penalty authorized by this article, the attorney general may recover expenses incurred by the attorney general in the investigation, institution, and prosecution of the suit, including investigative costs, witness fees, attorney's fees, and deposition expenses. Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. Art. 56.64. ADMINISTRATIVE PENALTY. (a) A person who presents to the attorney general under this subchapter, or engages in conduct that results in the presentation to the attorney general under this subchapter of, an application for compensation under this subchapter that contains a statement or representation the person knows to be false is liable to the attorney general for: (1) the amount paid in reliance on the application and interest on that amount determined at the rate provided by law for legal judgments and accruing from the date on which the payment was made; (2) payment of an administrative penalty not to exceed twice the amount paid because of the false application for benefits or claim for pecuniary loss; and (3) payment of an administrative penalty of not more than $10,000 for each item or service for which payment was claimed. (b) In determining the amount of the penalty to be assessed under Subsection (a)(3), the attorney general shall consider: (1) the seriousness of the violation; (2) whether the person has previously submitted a false application for benefits or a claim for pecuniary loss; and (3) the amount necessary to deter the person from submitting future false applications for benefits or claims for pecuniary loss. (c) If the attorney general determines that a violation has occurred, the attorney general may issue a report that states the facts on which the determination is made and the attorney general's recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty. (d) The attorney general shall give written notice of the report to the person. Notice under this subsection may be given by certified mail and must: (1) include a brief summary of the alleged violation; (2) include a statement of the amount of the recommended penalty; and (3) inform the person of the right to a hearing on: (A) the occurrence of the violation; (B) the amount of the penalty; or (C) both the occurrence of the violation and the amount of the penalty. (e) Not later than the 20th day after the date the person receives the notice, the person, in writing, may: (1) accept the attorney general's determination and recommended penalty; or (2) request in writing a hearing on: (A) the occurrence of the violation; (B) the amount of the penalty; or (C) both the occurrence of the violation and the amount of the penalty. (f) If the person accepts the determination and recommended penalty of the attorney general, the attorney general by order shall approve the determination and impose the recommended penalty. (g) If the person requests a hearing as provided by Subsection (e) or fails to respond to the notice in a timely manner, the attorney general shall set a contested case hearing under Chapter 2001, Government Code (Administrative Procedure Act), and notify the person of the hearing. The administrative law judge shall make findings of facts and conclusions of law and promptly issue to the attorney general a proposal for a decision regarding the occurrence of the violation and the amount of a proposed penalty. Based on the findings of fact, conclusions of law, and proposal for a decision, the attorney general by order may: (1) find that a violation has occurred and impose a penalty; or (2) find that a violation has not occurred. (h) Notice of the attorney general's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order. (i) Not later than the attorney general's order is Government Code, the person (1) pay the amount of (2) pay the amount of judicial review contesting: (A) the occurrence of (B) the amount of the (C) the occurrence of penalty; or 30th day after the date that the final under Section 2001.144, shall: the penalty; the penalty and file a petition for the violation; penalty; or the violation and the amount of the (3) without paying the amount of the penalty, file a petition for judicial review contesting: (A) the occurrence of the violation; (B) the amount of the penalty; or (C) the occurrence of the violation and the amount of the penalty. (j) Within the 30-day period, a person who acts under Subsection (i)(3) may: (1) stay enforcement of the penalty by: (A) paying the amount of the penalty to the court for placement in an escrow account; or (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the attorney general's order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty or to give the supersedeas bond; and (B) delivering a copy of the affidavit to the attorney general by certified mail. (k) On receipt by the attorney general of a copy of an affidavit under Subsection (j)(2), the attorney general may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. A person who files an affidavit under Subsection (j)(2) has the burden of proving that the person is financially unable to pay the amount of the penalty or to give a supersedeas bond. (1) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the attorney general may file suit for collection of the amount of the penalty. (m) Judicial review of the order of the attorney general: (1) is instituted by filing a petition as provided by Section 2001.176, Government Code; and (2) is governed by the substantial evidence rule. (n) If the court upholds the finding that a violation occurred, the court may order the person to pay the full or reduced amount of the penalty. If the court does not uphold the finding, the court shall order that no penalty is owed. (o) If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. if the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (p) A penalty collected under this article shall be sent to the comptroller and deposited to the credit of the compensation to victims of crime fund. (q) All proceedings under this article are subject to Chapter 2001, Government Code. (r) In addition to the administrative penalty authorized by this article, the attorney general may recover all expenses incurred by the attorney general in the investigation, institution, and prosecution of the suit, including investigative costs, witness fees, attorney's fees, and deposition expenses. Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING Art. 56.81. DEFINITIONS. In this subchapter: (1) "Applicant" means a person who applies to participate in the program. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (3) "Family violence shelter center" has the meaning assigned by Section 51.002, Human Resources Code. (4) "Mail" means first class mail and any mail sent by a government agency. The term does not include a package, regardless of size or type of mailing. (5) "Participant" means an applicant who is certified for participation in the program. (6) "Program" means the address confidentiality program created under this subchapter. (7) "Trafficking of persons" means any offense that may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that results in a person: (A) engaging in forced labor or services; or (B) otherwise becoming a victim of the offense. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 10, eff. September 1, 2013. Art. 56.82. ADDRESS CONFIDENTIALITY PROGRAM. (a) The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, trafficking of persons, or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal Code, in maintaining a confidential address. (b) The attorney general shall: (1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address; (2) act as agent to receive service of process and mail on behalf of the participant; and (3) forward to the participant mail received by the office of the attorney general on behalf of the participant. (c) A summons, writ, notice, demand, or process may be served on the attorney general on behalf of the participant by delivery of two copies of the document to the office of the attorney general. The attorney general shall retain a copy of the summons, writ, notice, demand, or process and forward the original to the participant not later than the third day after the date of service on the attorney general. (d) The attorney general shall make and retain a copy of the envelope in which certified mail is received on behalf of the participant. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 11, eff. September 1, 2013. Art. 56.83. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To be eligible to participate in the program, an applicant must: (1) meet with a victim's assistance counselor from a state or local agency or other entity, whether for-profit or nonprofit that is identified by the attorney general as an entity that provides counseling and shelter services to victims of family violence, trafficking of persons, or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal Code; (2) file an application for participation with the attorney general or a state or local agency or other entity identified by the attorney general under Subdivision (1); (3) designate the attorney general as agent to receive service of process and mail on behalf of the applicant; and (4) live at a residential address, or relocate to a residential address, that is unknown to the person who committed or is alleged to have committed the family violence, trafficking of persons, or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal Code. (b) An application under Subsection (a)(2) must contain: (1) a signed, sworn statement by the applicant stating that the applicant fears for the safety of the applicant, the applicant's child, or another person in the applicant's household because of a threat of immediate or future harm caused by the person who committed or is alleged to have committed the family violence, the trafficking of persons, or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal Code; (2) the applicant's true residential address and, if applicable, the applicant's business and school addresses; and (3) a statement by the applicant of whether there is an existing court order or a pending court case for child support or child custody or visitation that involves the applicant and, if so, the name and address of: (A) the legal counsel of record; and (B) each parent involved in the court order or pending case. (c) An application under Subsection (a)(2) must be completed by the applicant in person at the state or local agency or other entity with which the application is filed. An applicant who knowingly or intentionally makes a false statement in an application under Subsection (a)(2) is subject to prosecution under Chapter 37, Penal Code. (d) A state or local agency or other entity with which an application is filed under Subsection (a)(2) shall forward the application to the office of the attorney general. (e) The attorney general by rule may establish additional eligibility requirements for participation in the program that are consistent with the purpose of the program as stated in Article 56.82(a). The attorney general may establish procedures for requiring an applicant, in appropriate circumstances, to submit with the application under Subsection (a)(2) independent documentary evidence of family violence, trafficking of persons, or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal Code, in the form of: (1) an active or recently issued protective order; (2) an incident report or other record maintained by a law enforcement agency or official; (3) a statement of a physician or other health care provider regarding the applicant's medical condition as a result of the family violence, trafficking of persons, or offense; or (4) a statement of a mental health professional, a member of the clergy, an attorney or other legal advocate, a trained staff member of a family violence center, or another professional who has assisted the applicant in addressing the effects of the family violence, trafficking of persons, or offense. (f) Any assistance or counseling provided by the attorney general or an employee or agent of the attorney general to an applicant does not constitute legal advice. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 12, eff. September 1, 2013. Art. 56.84. CERTIFICATION; EXPIRATION. (a) The attorney general shall certify for participation in the program an applicant who satisfies the eligibility requirements under Article 56.83. (b) A certification under this article expires on the third anniversary of the date of certification. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.85. RENEWAL. To renew a certification under Article 56.84, a participant must satisfy the eligibility requirements under Article 56.83 as if the participant were originally applying for participation in the program. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.86. INELIGIBILITY AND CANCELLATION. (a) An applicant is ineligible for, and a participant may be excluded from, participation in the program if the applicant or participant knowingly makes a false statement on an application filed under Article 56.83(a)(2). (b) A participant may be excluded from participation in the program if: (1) mail forwarded to the participant by the attorney general is returned undeliverable on at least four occasions; (2) the participant changes the participant's true residential address as provided in the application filed under Article 56.83(a)(2) and does not notify the attorney general of the change at least 10 days before the date of the change; or (3) the participant changes the participant's name. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.87. WITHDRAWAL. A participant may withdraw from the program by notifying the attorney general in writing of the withdrawal. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.88. CONFIDENTIALITY; DESTRUCTION OF INFORMATION. (a) Information relating to a participant: (1) is confidential, except as provided by Article 56.90; and (2) may not be disclosed under Chapter 552, Government Code. (b) Except as provided by Article 56.82(d), the attorney general may not make a copy of any mail received by the office of the attorney general on behalf of the participant. (c) The attorney general shall destroy all information relating to a participant on the third anniversary of the date participation in the program ends. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.89. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS. (a) Except as provided by Subsection (b), a state or local agency must accept the substitute post office box address designated by the attorney general if the substitute address is presented to the agency by a participant in place of the participant's true residential, business, or school address. (b) The attorney general by rule may permit an agency to require a participant to provide the participant's true residential, business, or school address, if necessary for the agency to perform a duty or function that is imposed by law or administrative requirement. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.90. EXCEPTIONS. (a) The attorney general: (1) shall disclose a participant's true residential, business, or school address if: (A) requested by: (i) a law enforcement agency; (ii) the Department of Family and Protective Services for the purpose of conducting a child protective services investigation under Chapter 261, Family Code; or (iii) the Department of State Health Services or a local health authority for the purpose of making a notification described by Article 21.31, Section 54.033, Family Code, or Section 81.051, Health and Safety Code; or (B) required by court order; and (2) may disclose a participant's true residential, business, or school address if: (A) the participant consents to the disclosure; and (B) the disclosure is necessary to administer the program. (b) A person to whom a participant's true residential, business, or school address is disclosed under this section shall maintain the requested information in a manner that protects the confidentiality of the participant's true residential, business, or school address. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.91. LIABILITY. (a) The attorney general or an agent or employee of the attorney general is immune from liability for any act or omission by the agent or employee in administering the program if the agent or employee was acting in good faith and in the course and scope of assigned responsibilities and duties. (b) An agent or employee of the attorney general who does not act in good faith and in the course and scope of assigned responsibilities and duties in disclosing a participant's true residential, business, or school address is subject to prosecution under Chapter 39, Penal Code. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.92. PROGRAM INFORMATION AND APPLICATION MATERIALS. The attorney general shall make program information and application materials available online. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Art. 56.93. RULES. The attorney general shall adopt rules to administer the program. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June 15, 2007. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: Police/Engineering Subject: Ordinance No. 15-D-12 - An Ordinance of the City Council of the City of Schertz, Texas, extending state and local traffic rules to private roads located within the Carolina Crossing South Subdivision. First Reading :• IM :e ►1 The City received a petition for patrol and enforcement of traffic rules for the gated community of Carolina Crossing South. The petition was confirmed by the GIS Department that all signatures are homeowners within the gated community. Carolina Crossing South is the first gated community to request traffic control patrol and enforcement within the City. Carolina Crossing South Home Owners Association Board and Signed Petitioners have agreed to the terms as stated in the Petition. The Texas Transportation Code allows the following: On petition of 25 percent of the property owners residing in the subdivision or on the request of the governing body may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. The subdivision has 103 lots and 25% requires 26 signatures. The total number of petitioners was 28. On January 13, 2015, City Council passed Resolution 15 -R -07 Authorizing the City Manager to enter into an agreement with the Carolina Crossing South Homeowners' Association (HOA) for the Purpose of Traffic Control. In order to comply with the Agreement, the City must adopt an ordinance to provide for the enforcement of traffic rules and laws within the Subdivision. Ordinance 15 -D -12 extends state and local traffic rules to the private roads located within the Carolina Crossing South Subdivision and sets the maximum speed limit for those streets at 20 miles per hour, consistent with other local residential streets throughout the City. It also identifies and establishes the stop intersections within the Subdivision. Goal The goal of Ordinance 15 -D -12 is to extend traffic rules and enforce such rules within the private Carolina Crossing South Subdivision. Community Benefit It is the City's desire to serve its citizens by providing enforcement of traffic rules within a private development if requested by the governing body of that subdivision. Summary of Recommended Action Staff recommends Council approve the Ordinance extending traffic control rules in the Carolina Crossing South Subdivision. FISCAL IMPACT No fiscal impact. Traffic control enforcement will occur during routine patrols. Any necessary traffic control devices will be installed in accordance with the Texas Uniform Traffic Control Standards at the expense of the HOA. The current Public Works Department estimate for installation of initial signage is $683.90 to the HOA. Staff recommends Council approve Ordinance 15 -D -12 on first reading. ATTACHMENT(S) Ordinance 15 -D -12 Executed Petition Petition Signature Confirmation Traffic Enforcement Agreement Public Works Price Quote AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS EXTENDING STATE AND LOCAL TRAFFIC RULES TO PRIVATE ROADS LOCATED WITHIN THE CAROLINA CROSSING SOUTH SUBDIVISION AS SPECIFIED HEREIN; ESTABLISHING LEGISLATIVE FINDINGS IN SUPPORT THEREOF; ESTABLISHING STOP INTERSECTION LOCATIONS; AND SETTING A MAXIMUM SPEED LIMIT FOR SAID STREETS WHEREAS, section 542.008 of the Transportation Code authorizes the City of Schertz to extend by ordinance any traffic rules that apply to roads owned by the City to the roads in a private subdivision so that the subdivision's roads are governed by the same traffic rules as other roads within the City's jurisdiction upon the request of the governing body of the entity that maintains the subdivision's roads or 25% of the residents that reside in the subdivision if the City Council finds that extending such rules are in the best interest of the City generally; and WHEREAS, the Board of Directors of the Carolina Crossing South Homeowners' Association as the governing body of the Carolina Crossing South Homeowners' Association as well as 25% of the property owners that reside within the Carolina Crossing South subdivision. ( "Owners ") located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive, (the "subdivision "), have submitted a valid petition ( "the Petition ") requesting the extension of certain traffic rules and laws as set forth in the Petition to the private roads located within the subdivision so that the private roads are subject to the same traffic rules as the municipality; and WHEREAS, the City Council finds that it is in the best interest of the City of Schertz to extend the traffic rules that apply to all other highways, roads and streets owned by the City to the private roads located with the subdivision as specified in the attached Petition and to set the speed limit for all roads within the subdivision at 20 miles per hour which the City Council finds to be a reasonable and safe speed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section One. The City of Schertz hereby grants the request made by the governing body of the Homeowners' Association of Carolina Crossing South Subdivision (the "HOA ") and the residents who have signed the Petition attached hereto and hereby extends all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including by but not limited to setting the maximum speed limit on all roads within the subdivision at 20 miles per hour; vehicle registration and inspection laws; and traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. Section Two. The City of Schertz hereby declares that the speed limit on all roads located within the Carolina Crossing South Subdivision shall be 20 miles per hour. Section Three. The City of Schertz hereby declares that the following intersections are designated as streets upon which vehicles shall stop before entering such intersections: Through Street Saratoga Place Peachtree Lane Peachtree Lane Cross or Stop Street Peachtree Lane Sherman Drive Saratoga Place Section Four. A violation of any of the traffic rules extended to the Subdivision by this Ordinance is hereby declared a criminal offense and the violator is subject the same penalties as if such violation had occurred on a public road, highway or street located elsewhere throughout the City. Section Five. The City and the Carolina Crossing South HOA on behalf of the HOA's residents shall enter into an Agreement which shall set forth the terms of the City's enforcement of traffic rules and laws on the subdivision's roads, including but not limited to the costs associated with the extension of the traffic rules to the subdivision's roads and the erection of signage and other official traffic control devices. Section Six. This ordinance shall take effect immediately upon passage and publication as required by law. PASSED ON FIRST READING, the 7th day of April, 2015. 2015. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary APPROVED AS TO FORM Charles Zech, City Attorney PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT I I h L a A ym- L I �i� AU-1 � 111 X—r—KU1 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § LIVA111y W11 WHEREAS, Carolina Crossing South ("Carolina Crossing South") is a private gated community in the City of Schertz, Guadalupe County, Texas, C'City�') generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WHEREAS ' Carolina Crossing South Homeowners' Association (the "Association") is the owner of the private streets in Carolina Crossing South (the "Private Streets") and is responsible for the maintenance thereof, and WHEREAS, the Owners (as hereinafter defined) and the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008, as amended (the "Statute"), the Association seeks to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (300) or more; and WHEREAS, the Statute authorizes, on petition of twenty-five percent (25%) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WHEREAS, pursuant to the Statute, at least twenty-five percent (25%) of the property owners residing in Carolina Crossing South (collectively, the "Owners"), together with the governing body of the Association, desire to petition the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in this Petition for City of Schertz Police Patrol and Enforcement in Gated Comm-unity of Carolina Crossing South (the "Petition") are subject to the passage of an ordinance (the "Ordinance") by the City Council of the City (the "City Council") stating that the 50556696.3 Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules; and WBEREAS, the Owners and the Association aclmowledge that if the City Council chooses to act on this Petition, the Owners and the Association may be required to enter into an agreement in the form of the Traffic Enforcement Agreement (Carolina Crossing South) set forth on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Agreement'), as such form may be amended following City Council's receipt and review of this Petition, with the City setting forth the terms and conditions upon which the traffic rules that apply in the City shall apply in Carolina Crossing South, and in that event, said agreement shall be an exhibit to the Ordinance. NOW, TBEREFORE, this Petition is submitted to comply with the Statute and to request that the City Council accept the Petition and find that it is in the best interest of the City to draft and approve an ordinance authorizing the City to apply the City's traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to the Private Streets. I I VIVyK Pursuant to the Statute, the Owners and the Association petition the City as follows: I �- I , �-- The Owners and the Association petition the City to direct the City's Police Department to provide law enforcement to Carolina Crossing South for the purposes of patrol, enforcement of traffic control, and laws related to operation of motor vehicles, investigation of criminal activity, and deterrence of criminal activity in the violation of City and State laws within the jurisdiction of the City's Police Department for the health, safety, and welfare of the City citizens residing in Carolina Crossing South. 2. Satisfaction of Conditions Precedent: (a) The Statute applies to a subdivision in which the roads are privately owned or maintained. The Private Streets are privately owned and maintained by the Association. (b) The Statute applies to a municipality with a population of three hundred (300) or more, and the City is a municipality with a population of more than three hundred (300), (c) The Statute requires this Petition be made by either at least twenty-five percent (25%) of the property owners residing in Carolina Crossing South or the governing body of the entity that maintains the Private Streets. The Owners and the Association have jointly submitted this Petition. Each Owner executing this Agreement covenants that he/she is the legal fee simple owner (and not a renter) 50556696.3 - 2 - Petition for City of Schel tz, Texas Patrol and Enforcement In Gated Comm-unity of Carolina Crossing South of the property address listed by his/her name on the signature pages to this Agreement, 3. Municipality May Extend Services: The Statute provides that the governing body of the municipality may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision, such as Carolina Crossing South, are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. 111111111 !11111,111 11,1111111 I I , 11, �� ,A '1 1 1, The Owners and the Association seek to extend all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including, but not limited to: (a) Speed limit of 20 mph; (b) Vehicle registration and inspection laws; and (c) Traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. In compliance with the Statute, this Petition specifies the traffic rules that are sought to be extended. The Owners and the Association request that the City extend all of such requested rules to the Private Streets for the safety, health, and welfare of the City's citizens residing in Carolina Crossing South. 5. Traffic Enforcement Agreement: The Owners and the Association desire to enter into the Agreement with the City. 6. Lack of Necessity for Payment of Costs of Police Service: The Owners and the Association seek no different enforcement or service than that made available and provided to all other citizens and taxpayers of the City, and pursuant to the Statute. While the City may require that owners of property in the subdivision pay all or part of the cost of extending and enforcing the traffic rules in the subdivision, there should be no additional cost than that borne for any other citizen. Accordingly, the Association petitions that no additional charges be imposed for the provision of the police service in accordance with the agreement between the Association and the City. 7. Proposed Method of Enforcement: If -the City Council passes an Ordinance, the Owners and the Association acknowledge that the Private Streets will be considered to be public streets for purposes of the application and 505566963 -3 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South enforcement of the specified traffic rules. The Owners and the Association will comply with all City requests for placement of necessary official traffic control devices on property abutting the Private Streets if those devices relate to a specified traffic rule and are either located on property owned by the Association or one of the Owners, the consent of the owner of that property (if not owned by the Association or one of the Owners) is obtained, or an easement is available for the placement of the device. 8. Execution: This Petition is made and executed by the Owners and an authorized representative of the Association. 9. Submission of Petition: This Petition will be filed with the City Secretary's office. The Owners and the Association submit this Petition and request that the City Council grant all matters requested herein and pass an appropriate ordinance of the City consistent with this Petition and the laws of the State of Texas and the City. [Yhe remainder of this page intentionally left blank] 50556696.3 - 4 - Petition for City of Scheitz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South PETITION FOR CITY OF POLICE PATRO SCHERTZ L AND ENFORCEMENT The undersigned has executed this instrument as of the date of the acknowledgement below. COUNTY OF thkM ,I EtWiM (SEAL) S Slate SARAH E GONZALEZ ry Pu, NlryPublic of T 0 of Teas a MYCOMM Xp _ .10-31 MY Comm.xp.10 3 -2016 0000000j 50556696.3 a Ely:W tzv-/ Name: Title: - 5 - Petition for City of Schertz, Texas Patrol and Enforcement In Grated Community of Carolina Crossing South PETITION CONFIRMED BY GIS DEPARTMENT AND MAP IDENTIFYING SIGNATURES -7- The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. JOk kt;6 jWtJ &111 50556696.3 �r a Al - YOO 350 54erm&r- /o/M 3s3a - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Printed Name Signature Property Address 11IT" 11 TIT i A 50556696.3 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South CT LOGE ""urzce lzlow,oz 9/0— "A, V Sk co/0 2.318 1 PeMA T v JO 31 Oo 50556696.3 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South uarolina rossmg { { � O _ Lt ;r .t , IDA P HIM Ni [; EXECUTED -JjC� &Y Of 6 coo daL r .2014- s Name _ S Of Owner • mss: ti � , %`� 9 q Homeowners Association, G= 1. Owner Owners ame d) Ql tade of OWJ The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. Printed Name I Signature I Property Address Phone Number Date—] 50556696.3 /10, - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. Printed Name Signature Property Address Phone Number Date 3S(O I IFVI P"(-N Y4 �a f P I //Y Is S 419- loist/ 14 50556696.3 Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South by Proxy Signatories 26 25.2% Total Petitioners 28 27.2% Total Properties (Unit 1) 103 i i PAPP qllll R !I CL a �t N 666 f/A Y m TRAFFIC ENFORCEMENT AGREEMENT (CAROLINA CROSSING SOUTH) This Traffic Enforcement Agreement (Carolina Crossing South) (the "Agreement ") among the City of Schertz, Texas, a Texas Municipal Corporation (the "City ") and the Carolina Crossing South Home Owners Association (the "Association ") is entered into as of the date of the final signature of the parties (the "Effective Date "). WITNESSETH: WHEREAS, Carolina Crossing South ( "Carolina Crossing South ") is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at Savannah Drive and Saratoga Place and containing a total of one hundred three (103) residences; and WHEREAS, the Association is the owner of the private streets in Carolina Crossing South (the "Private Streets ") and is responsible for the maintenance thereof, and WHEREAS, the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008 (the "Statute "), the Association presented a petition to the City Council of the City (the "City Council ") seeking to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South (the "Petition "); and WHEREAS, the City Council has found the Petition in the best interest of the City generally, has accepted the Petition, and directed the City staff to draft an ordinance and this Agreement, according to the requirements of the Statute to provide for the enforcement of the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to Private Streets in Carolina Crossing South. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Association agree as follows: 1. Term. Pursuant to the Statute, the City has extended the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South. The Association agrees that, pursuant to this Agreement, the Private Streets are considered to be public streets for purposes of the application and enforcement of the traffic rules and laws addressed herein and that this Agreement shall remain in effect until such time as the City should determine, by ordinance, that it is not in its interest to enforce the traffic rules and laws within Carolina Crossing South. 2. Traffic Signs. The Association shall install subdivision traffic signs and street name blade signs in compliance with both the Texas Manual of Uniform Traffic Control Device standards and the City's standards. The Association shall be solely responsible for all costs and expenses of the signs and the installation thereof. Traffic Enforcement Agreement Carolina Crossing South 1 3. City Patrol. Effective on the date an ordinance is adopted to extend traffic laws and rules police officers of City will be authorized to begin issuing traffic citations for violations of traffic laws occurring on the roads within the subdivision when appropriate and in the discretion of police officers of City, such police officers having the sole discretion in such matters. 4. No Warranties or Representations. Neither City nor City's Police Department or City's police officers make any representations or warranties to the Association or to anyone else in relation to City patrols or City enforcement of traffic laws on the roads within the subdivision. City disclaims any responsibility to maintain or improve the roads within the subdivision or any street signs or traffic signs on said roads, said maintenance and improvement responsibility to be and remain solely that of the Association. 5. Speed Bumps. The Association agrees that all speed humps on the Private Streets must comply with the City's standards. New speed humps must receive approval through the normal City process and are the discretion of the City of Schertz based on City policies and standards. The Association shall be solely responsible for all costs and expenses necessary to bring and keep the speed humps in compliance. 6. Plans, Installation, and Approval. Prior to installation of the subdivision traffic signs and street name blade signs and prior to work being done on the speed humps, the Association . shall submit plans for the design and specifications of such traffic and street name or other signage and such speed humps and obtain written approval from the City. The Association shall construct, repair, and /or install, or cause the construction, repair, and /or installation of, such signage and speed humps in accordance with the approved plans. 7. Association Obligations. The Association will pay for all repairs, replacement, and maintenance of all signage and speed humps to maintain compliance with the applicable standards set forth herein. All maintenance performed by the Association will meet the specifications of the codified requirements of the City related to traffic signage and speed humps in residential subdivisions. If the City determines that repairs, replacement, and /or maintenance are required, the City shall inform the Association in writing of the need for said repairs, replacement, and /or maintenance, and the Association shall commence said repairs, replacement, and/or maintenance within fourteen (1.4) calendar days of such notice and diligently pursue the work thereon, with completion thereof not to exceed forty -five (45) calendar days. 8. Traffic Control Devices. Pursuant to the authority granted under the Statute, the City may place official traffic control devices on property abutting the Private Streets if (1) those devices relate to a specified traffic rule; and (2) the consent of the owner of that property is obtained or an easement is available for the placement. The Association hereby consents to the placement of any such devices on the property owned by them. No additional consent shall be required. 9. Payment. The Association will not be required to pay any additional cost for the services requested herein, unless such services are requested in excess of the services provided to City citizens that do not reside in private gated communities in the City. Notwithstanding the foregoing, the Association shall be required to pay those costs and expenses discussed in Sections 2, 5, 6, and 7, and 8 of this Agreement. Traffic Enforcement Agreement Carolina Crossing South 2 10. INDEMNIFICATION. THE ASSOCIATION ON BEHALF OF EACH OF THEIR SUCCESSORS, ASSIGNEES, GRANTEES, AND /OR TRUSTEES DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY AND ITS CITY COUNCILMEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND /OR INTENTIONAL ACT AND /OR OMISSION OF THE ASSOCIATION IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS "). THE ASSOCIATION IS EXPRESSLY REQUIRED TO DEFEND THE INDEMNIFIED PARTIES AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY THE ASSOCIATION IN FULFILLING THEIR OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY THE INDEMNIFIED PARTIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER THE CITY IS UNDER NO OBLIGATION TO DO SO. THIS SECTION 10. SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY INCIDENT OCCURRING DURING THE TERM HEREOF. 11. Miscellaneous. (a) Breach. In the event of a breach of this Agreement by any party, any other party may pursue any remedies available at law or in equity, including without limitation, specific performance. (b) Assignment, Binding Nature, and Recording. This Agreement may not be assigned by the Association. (c) Notices. Any notice required or permitted by this Agreement is effective when personally delivered in writing or two (2) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified mail with return receipt requested, and addressed as follows: City: City of Schertz, Texas 1400 Schertz Parkway Traffic Enforcement Agreement Carolina Crossing South 3 Schertz, Texas 78154 Attention: City Manager with copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charlie Zech, Esq. Association: Attention: with copy to: Attention: The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of change is provided to the other party in accordance with the provisions of this Section 11.(c). (d) Capacities. The person executing this Agreement on behalf of the Association represents and warrants that he /she has the authority to do so in the capacity stated. (e) Interpretation. This Agreement will be deemed drafted equally by all parties hereto. The language of all parts of this Agreement will be construed as a whole according to its fair meaning, and any presumption or principle that the language in this Agreement is to be construed against any party will not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (f) Further Assurances. The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transactions described in this Agreement. (g) Unenforceability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, Traffic Enforcement Agreement Carolina Crossing South 4 or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. (h) Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute a consent to suit by any party. (i) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. (j) Immunity. By execution of this Agreement, the parties agree that the City has not waived or surrendered any of its governmental powers, immunities, or rights. (k) Force Majeure. Notwithstanding anything to the contrary contained herein, in the event a party is prevented from performing its obligations hereunder due to inclement weather, strikes, riots, civil unrest, or any other cause which is beyond the reasonable control of such party (a delay due to any such cause being referred to herein as a "Force Majeure Delay ") then the time period for such party's performance shall be extended by the length of the Force Majeure Delay and such party's failure to perform such obligation shall be excused for the duration of, and to the extent of, such Force Majeure Delay. [The remainder of this page intentionally left blank] Traffic Enforcement Agreement Carolina Crossing South IN WITNESS WHEREOF, the parties hereby have executed this Agreement to be effective as of the Effective Date. 11821wal CITY OF SCHERTZ, TEXAS, a Texas municipal corporation M John C. Kessel, City Manager Date: THE ASSOCIATION: Traffic Enforcement Agreement Carolina Crossing South 6 DATE February 5, 2015 CITY OF SCHERTZ PUBLIC WORKS DEPT. 10 COMMERCIAL PLACE SCHERTZ, TX 78154 PHONE # 619 -1800 FAX # 619 -1849 Price Quote JOB DESCRIPTION: Carolina Crossing South MATERIALS QTY UNIT COST TOTAL COST 30 "x30" Stop Signs 4 $38.00ea $152.00 18 "x24" Speed Limit 20 Mph Signs 3 $28.00ea $84.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 SIGNS TOTAL $236.00 MATERIALS QTY UNIT COST TOTAL COST 10' Sign Pipe 3 $21.95ea $65.85 Sign Clamps 6 $4.00ea $24.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 LABOR HOURS COST /HOUR TOTAL COST Wk II 4 $18.00hr $72.00 Wk 1 4 $13.00hr $52.00 $683.90 LABOR TOTAL $124.00 EQUIPMENT HOURS COST /HOUR TOTAL COST Service Truck 4 $25.00hr $100.00 EQUIPMENT TOTAL Subtotal Administration fee 15% Grand Total $100.00 $594.70 $89.20 $683.90 Fabricate and Install Speed Limit Signs for Carolina Crossing South. • •' um CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: EMS Subject: Resolution No. 15-R-27 - Interlocal Agreement with Glasscock County for EMS Billing Services In the summer of 2014, EMS was contacted by the Glasscock County EMS Director regarding EMS Billing. Glasscock County EMS is a volunteer EMS that provides all EMS transports for the approximately 1,300 residents of the county. This small volunteer agency has, since its inception, relied on donations and fundraisers to provide ambulance services and has not charged their residents or visitors any user fees. With the influx of oil and gas companies their call volume has risen and is putting a new level of demand on their resources, to the point that their traditional funding can no longer sustain them. In an effort to begin this, their EMS Director contacted Allison Gorzell, EMS Billing Manager and myself to seek assistance in getting started. It was during this process, that the County asked Schertz EMS to not only assist them in getting started but to consider providing Billing Services on a go- forward basis. In conducting a multi -year review of their EMS activity, it was determined that Glasscock County EMS is currently responding to approximately twenty (20) ambulance requests a month. This is up from approximately ten (10) requests a month prior to their current influx of oil and gas exploration. In comparison, our EMS is currently responding to approximately 27 requests per day and transporting 19 patients per day. This volume better compares to the activity that Schertz EMS sees within the City Limits of Marion on a monthly basis. An integral part of this new agreement is that Glasscock County will join the same Electronic Patient Care Report cooperative that Schertz EMS is a part of so that obtaining the data from their ambulance responses will be identical to what we do daily for our own needs. In addition, Ms. Gorzell has been working with Glasscock County to establish appropriate policies and procedures as well as to get them licensed to bill Medicare and Medicaid. In reviewing all of this information the EMS Billing staff believes that they could absorb this additional workload (an approximate 2% increase) with no impact to our daily activities. The attached Interlocal Agreement outlines processes that will be followed and establishes a fee of 9% of total collections for providing this service. FISCAL IMPACT The overall impact to the EMS Department is expected to be approximately $10,000 revenue. There will be no additional expenses other than billing department time to accomplish this ORINOCO RECOMMENDATION Staff recommends approval of the resolution allowing the City Manager to enter into this agreement between the City of Schertz and Glasscock County. ATTACHMENT(S) Billing Services Resolution 15 -R -27 Billing Services Tnterlocal Agreement HIPAA Business Associate Agreement RESOLUTION NO. 15 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR EMS BILLING SERVICES WITH, CLASSCOCK COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement to provide EMS Billing Services for Glasscock County, a political subdivision of the State of Texas (the "Glasscock County "); and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Glasscock County pursuant to the Interlocal Agreement for EMS Billing Services attached hereto as Exhibit A (the "Agreement "). C • C • • • THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Glasscock County in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this :Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this '71h day of April, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) imall INTERLOCAL AGREEMENT FOR EMS BILLING SERVICES A -1 This Interlocal Agreement for EMS Billing (the "Agreement ") is entered into as of the date of the last signature (the "Effective Date ") by and between the GLASSCOCK COUNTY, TEXAS, a Texas county (the "County ") and the CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality (the "City ", and collectively with Glasscock County, the "Parties" and each a "Party "). WHEREAS, in order to increase the efficiency and effectiveness of local governments, Chapter 791, Texas Government Code, as amended, authorizes, among others, a county, municipality, or other political subdivisions to contract with each other for the performance of certain governmental functions and services; WHEREAS, the County and the City each perform emergency medical services ( "EMS "); and WHEREAS, the County desires to engage the City to perform EMS billing services for the County, and the City desires to accept such engagement upon the terms and conditions contained herein. NOW THEREFORE, for the covenants and conditions set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: �7u 1. The County hereby engages the City to perform EMS billing services commencing on January 1, 2015, through and including December 31, 2015 (the "Term"). 2. This Agreement shall automatically renew for succeeding one year periods beginning on January 1 through the following December 31 (each a "Renewal Period "), unless either Party to this Agreement furnishes at least ninety (90) days written notice to the other Party of its intention to terminate this Agreement. Such notice shall be provided as described in Article VIII. 11. RESPONSIBILITIES OF THE CITY 1. During the term of this Agreement, the City agrees to provide EMS billing services to the County for all ambulance responses for which the County has charges. 2. The City agrees to process claims as soon as all necessary information is received from the County and from the customer or the customer's agent who received the EMS service. This information includes, but is not limited to, the completed electronic patient care report, insurance information, hospital face sheets, and traffic accident reports. 3. The City will work with the County's electronic patient care report supplier (Southwest Texas Regional Advisory Council "STRAC ") to make sure that all charts are received as soon as possible after they are completed. 4. The City will work with the County to establish a dispatch protocol system agreed to by the County Emergency Services Director and /or such person's designee that is necessary for properly establishing correct billing levels. 5. The City agrees to utilize the services of a mutually agreed upon electronic data exchange clearinghouse to the extent possible to electronically process all insurance claims including those of governmental providers. 6. The City shall use generally acceptable medical billing practices in the processing of all the County claims. This practice shall include following the recommendations on ambulance billing from the American Ambulance Association and utilizing certified Ambulance Coders on each claim. 7. At the request of the County, the City will randomly audit claims to governmental payers for medical necessity and appropriate coding based upon such necessity and the care provided. Audit Claims Reports will be provided to the County Emergency Services Director within ten business (10) days of the audit. 8. The City will maintain any and all the County patient records in electronic format only. These records will be available to the County at any time during normal business hours, which are Monday through Friday from 8:00 a.m. to 5:00 p.m. 9. The City will annually perform EMS Continuing Education Training for the County EMS personnel that includes medical necessity for transport, proper documentation for emergency medical services, HIPAA and patient privacy, and patient care report completeness. Training schedules will be established to prohibit overtime /compensation time for the County personnel. 10. The City will, to the extent possible, close out all County billing activities for a calendar month by the 10th day of the following month. Upon this closing, the City will electronically deliver a set of closing reports that includes listing of charges, credits and claims outstanding for EMS services the County provides to its service area. 11. The City agrees to follow all the County billing and collection policies. When questions or concerns arise with these policies, the City will consult with the County Emergency Services Director, or such person's designee, to resolve these questions. The City reserves the right not to follow any policy that the City believes is non - compliant with Federal or State laws, regulations or guidelines. In such a case, the City shall not be held liable for following Federal or State law, regulations or guidelines. 50543908.2 2 12. The City agrees to rigorously protect the privacy and confidentiality of all medical records and information contained in the billing records furnished to the City by the County for the services to be provided hereunder. The City shall comply with all federal and state laws and regulations applicable to medical records and information. In connection with this provision, the City shall enter into a Business Associate Agreement with the County to address certain privacy and security obligations related to individually identifiable health care information. 13. THE CITY AGREES, TO THE EXTENT PERMITTED BYLAW, TO INDEMNIFY THE COUNTY FOR THE NEGLIGENT ACTIONS OF ITS EMPLOYEES, BUT ONLY TO THE EXTENT DIRECTLY RELATED TO THIS AGREEMENT. III. RESPONSIBILITIES OF THE COUNTY 1. The County agrees to provide all patient care records and billing information to the City as soon as possible after the service is provided. The County will work with the City to develop processes for the delivery of non - electronic records to include hospital face sheets, insurance cards, and law enforcement accident reports. 2. The County agrees to provide a charge list to the City for all services and supplies for which the County desires billing to be provided. The County will provide any changes to these charges to the City with a minimum of thirty (30) days notice before they become effective. 3. The County agrees to utilize "close call rules" as defined by the electronic patient care supplier (STRAC), and patient care report quality assurance processes to make their patient care reports as complete as possible. This includes proper addresses, social security information, insurance information, workers compensation information, patient signatures authorizing billing of their insurance, and completion of certain interventions that affect the level of service that can be billed. 4. The County agrees to notify the City of all funds received directly by the County as a result of the billing activities of the City for proper accounting of these payments. The County also agrees to designate a person or people at the County that will take payments from customers in person. The City will train such County employees how to report these County payments to the City. 5. The County agrees that it maintains full and final authority on compliance in billing practices in regards to its Centers for Medicaid and Medicare Services (CMS) National Provider Identification Number, Medicare provider number and Medicaid provider number. The County will have full access to all of its records maintained by the City to accomplish this compliance. 6. The County will designate both a Privacy Officer for all HIPAA related issues and a Custodian of Records for all EMS and Billing Records. 50543908.2 3 7. The County agrees to establish processes the City recommends for the receipt of law enforcement traffic accident reports. 8. On or before the last day of a month, the County will report to the City the number of EMS responses and patient care records that should have been received that month. If patient care records are missing, the County will work with the City to locate these reports and get them completed as soon as possible. 9. The County will receive monthly reports to include charges processed, credits received, contractual allowables, and all outstanding accounts receivables. The County can request additional reports. If the requested reports are available in the City billing system, the City will provide the requested report by the next business day at the latest. If the County requests a custom report that is not available, the County agrees to pay the cost of having this report generated. If the report will be beneficial to both the County and the City and the City approves the charge, the City and the County will each pay half of the total cost of the report. 10. THE COUNTY AGREES, TO THE EXTENT PERMITTED BYLAW, TO INDEMNIFY THE CITY FOR ACTIONS TAKEN BY THE CITY RELATED TO FOLLOWING THE NEGLIGENT POLICIES, PROCEDURES AND DULY COMMUNICATED DIRECTIVES OF THE COUNTY. IV. CONSIDERATION For its performances of such billing services, the County shall pay to the City nine percent (9 %) of the total collections received on a monthly basis. Said collection fee shall be invoiced to the County for the fee. The County will pay any invoices within forty -five (45) days of receipt. V. TERMINATION 1. If the County or the City wants to terminate this Agreement, the Party wishing to terminate this Agreement shall provide ninety (90) days written notice of the intent to terminate this Agreement to the other Party. 2. If at any time during this Agreement, either Party determines that the other Party is not complying with this Agreement, the concerned Party shall give written notice of the issue(s) of concern to the other Party as provided in Article VI I I. The other Party shall have up to thirty (30) days to either correct the concern or to provide written justification and authority to operate in such manner. If the concerned Party is not satisfied with the corrective action or written justification, the concerned Party may terminate this Agreement by providing at least ten (10) days written notice to the other Party. 50543908.2 4 3. If and when this Agreement is terminated for any reason, the City agrees to provide all the County billing records in its possession to the County electronically within ten (10) business days of the termination date. 4. If this Agreement is terminated upon the end of the Term or a Renewal Period or pursuant to Article V, Section 2, the City will complete all billing processes in progress as of the last day of this Agreement. This work will be continued for up to thirty (30) days after this Agreement is terminated. The County agrees to compensate the City for this activity in accordance with Section IV of this Agreement. VI. BINDING EFFECT; BENEFITING PARTIES 1. This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 2. This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. VII. GOVERNMENTAL FUNCTIONS; LIABILITY; NO WAIVER OF IMMUNITY OR DEFENSES 1. Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 2. The services provided for herein are governmental functions, and the City and the County shall be engaged in the conduct of a governmental function while providing and /or performing any service pursuant to this Agreement. 3. The relationship of the County and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 4. Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the Parties. 5. Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the 50543908.2 5 County shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 6. Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. VIII. NOTICES All correspondence and communications concerning this Agreement shall be directed to: Schertz: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Glasscock County: Glasscock County 117 E. Currie P.O. Box 67 Garden City, Texas 79739 Attention: County Judge Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. IX. AUTHORIZATION Each Party represents to the other Party that this Agreement has been duly authorized by that Party's governing body. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect to the extent that it does not destroy the benefit of the bargain. This Agreement represents the complete understanding of the County and the City with respect to the matters described herein and supersedes any prior understanding or written or oral agreement regarding the subject matter hereof, and this Agreement may not be amended or altered without the written consent of both the Parties. 50543908.2 6 X11. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles that would require the application of the law of another jurisdiction. [Signatures on the following page] 50543908.2 7 SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR EMS BILLING In witness whereof, the undersigned Parties have executed this Agreement on the Effective Date. CITY OF SCHERTZ Bv: Name: John C. Kessel Title: City Manager Date: 50543908.2 S-1 COUNTY OF GLASSCOCK By: _ Name: Title: Date: BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ( "Agreement ") dated January 1, 2015 (the "Effective Date "), is entered into by and between the Glasscock County, Texas ( "County ") and the City of Schertz, Texas ( "Business Associate "), each a "Party" and collectively, the "Parties ". WHEREAS, County and Business Associate have entered into, or are entering into, or may subsequently enter into, agreements or other documented arrangements (collectively, the "Business Arrangements ") pursuant to which Business Associate may provide products and /or services for the County that require Business Associate to access, create and use health information that is protected by state and /or federal law; and WHEREAS, pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), the U.S. Department of Health & Human Services ( "HHS ") promulgated the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards "), at 45 C.F.R. Parts 160 and 1.64, requiring certain individuals and entities subject to the Privacy Standards (each a "Covered Entity ", or collectively, "Covered Entities ") to protect the privacy of certain individually identifiable health information ( "Protected Health Information ", or "PHI "); and WHEREAS, pursuant to HIPAA, HHS has issued the Security Standards (the "Security Standards "), at 45 C.F.R. Parts 160, 162 and 164, for the protection of electronic protected health information ("EPHI"); and WHEREAS, in order to protect the privacy and security of PHI, including EPHI, created or maintained by or on behalf of the Covered Entity, the Privacy Standards and Security Standards require a Covered Entity to enter into a "business associate agreement" with certain individuals and entities providing services for or on behalf of the Covered Entity if such services require the use or disclosure of PHI or EPHI; and WHEREAS, on February 17, 2009, the federal Health Information Technology for Economic and Clinical Health Act was signed into law (the "HITECH Act "), and the HITECH Act imposes certain privacy and security obligations on Covered Entities in addition to the obligations created by the Privacy Standards and Security Standards; and WHEREAS, the HITECH Act revises many of the requirements of the Privacy Standards and Security Standards concerning the confidentiality of PHI and EPHI, including extending certain HIPAA and HITECH Act requirements directly to business associates; and WHEREAS, the HITECH Act requires that certain of its provisions be included in business associate agreements, and that certain requirements of the Privacy Standards be imposed contractually upon Covered Entities as well as business associates; and WHEREAS, Business Associate and County desire to enter into this Business Associate Agreement; NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement and the Business Arrangements, and other good and valuable consideration, the sufficiency and receipt of which are hereby severally acknowledged, the Parties agree as follows: 1. Business Associate Obligations. Business Associate may receive from County, or create or receive on behalf of County, health information that is protected under applicable state and/or federal law, 50554809.4 Page I of 8 including without limitation, PHI and EPHI. All capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in the Privacy Standards, Security Standards or the HITECH Act, as applicable (collectively referred to hereinafter as the "Confidentiality Requirements "). All references to PHI herein shall be construed to include EPHL Business Associate agrees not to use or disclose (or permit the use or disclosure of) PHI in a manner that would violate the Confidentiality Requirements if the PHI were used or disclosed by County in the same manner. 2. Use of PHI. Except as otherwise required by law, Business Associate shall use PHI in compliance with 45 C.F.R. § 164.504(e). Furthermore, Business Associate shall use PHI (i) solely for the County's benefit and only for the purpose of performing services for the County as such services are defined in Business Arrangements, and (ii) as necessary for the proper management and administration of the Business Associate or to carry out its legal responsibilities, provided that such uses are permitted under federal and state law. The County shall retain all rights in the PHI not granted herein. 3. Disclosure of PHI. Subject to any limitations in this Agreement, Business Associate may disclose PHI to any third party persons or entities as necessary to perform its obligations under the Business Arrangement and as permitted or required by applicable federal or state law. Further, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that (i) such disclosures are required by law, or (ii) Business Associate: (a) obtains reasonable assurances from any third party to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the third party; (b) requires the third party to agree to immediately notify Business Associate of any instances of which it is aware that PHI is being used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the Confidentiality Requirements. Additionally, Business Associate shall ensure that all disclosures of PHI by Business Associate and the third party comply with the principle of "minimum necessary use and disclosure," i.e., only the minimum PHI that is necessary to accomplish the intended purpose may be disclosed; provided further, Business Associate shall comply with Section 1.3405(b) of the HITECH Act, and any regulations or guidance issued by HHS concerning such provision, regarding the minimum necessary standard and the use and disclosure (if applicable) of Limited Data Sets. If Business Associate discloses PHI received from the County, or created or received by Business Associate on behalf of the County, to agents, including a subcontractor (collectively, "Recipients "), Business Associate shall require Recipients to agree in writing to the same restrictions and conditions that apply to the Business Associate under this Agreement. Business Associate shall report to the County any use or disclosure of PHI not permitted by this Agreement, of which it becomes aware, such report to be made within ten (10) business days of the Business Associate becoming aware of such use or disclosure. In addition to Business Associate's obligations under Section 9, Business Associate agrees to mitigate, to the extent practical and unless otherwise requested by the County in writing, any harmful effect that is known to Business Associate and is the result of a use or disclosure of PHI by Business Associate or Recipients in violation of this Agreement. 4. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of the County, Business Associate shall (i) provide access to, and permit inspection and copying of, PHI by the County or, as directed by the County, an individual who is the subject of the PHI under conditions and limitations required under 45 CFR §164.524, as it may be amended from time to time, and (ii) amend PHI maintained by Business Associate as requested by the County. Business Associate shall respond to any request from the County for access by an individual within five (5) days of such request and shall make any amendment requested by the County within ten (10) days of such request. Any information requested under this Section 4 shall be provided in the form or format requested, if it is readily producible in such form or format. Business Associate may charge a reasonable fee based upon the Business's labor costs in responding to a request for electronic information (or a cost -based fee for the production of non - electronic media copies). The County shall determine 50554809.4 Page 2 of 8 whether a denial is appropriate or an exception applies. Business Associate shall notify the County within five (5) days of receipt of any request for access or amendment by an individual. The County shall determine whether to grant or deny any access or amendment requested by the individual. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set, as requested by the County. 5. Accounting of Disclosures. Business Associate shall make available to the County in response to a request from an individual, information required for an accounting of disclosures of PHI with respect to the individual in accordance with 45 CFR § 164.528, as amended by Section 13405(c) of the HITECH Act and any related regulations or guidance issued by HHS in accordance with such provision. Business Associate shall provide to the County such information necessary to provide an accounting within thirty (30) days of the County's request or such shorter time as may be required by state or federal law. Such accounting must be provided without cost to the individual or to the County if it is the first accounting requested by an individual within any twelve (12) month period. For subsequent accountings within a twelve (12) month period, Business Associate may charge a reasonable fee based upon the Business's labor costs in responding to a request for electronic information (or a cost -based fee for the production of non - electronic media copies) so long as Business Associate informs the County and the County informs the individual in advance of the fee, and the individual is afforded an opportunity to withdraw or modify the request. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI. 6. Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an individual's specific authorization for the use of his or her PHI, and (i) the individual revokes such authorization in writing, (ii) the effective date of such authorization has expired, or (iii) the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, if it has notice of such revocation or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Confidentiality Requirements expressly applies. 7. Records and Audit. Business Associate shall make available to the United States Department of Health and Human Services or its agents, its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the County for the purpose of determining the County's compliance with the Confidentiality Requirements or any other health oversight agency, in a time and manner designated by the Secretary. Except to the extent prohibited by law, Business Associate agrees to notify the County immediately upon receipt by Business Associate of any and all requests by or on behalf of any and all federal, state and local government authorities served upon Business Associate for PHI. 8. Implementation of Security Standards; Notice of Security Incidents. Business Associate will use appropriate safeguards to prevent the use or disclosure of PHI other than as expressly permitted under this Agreement. Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the PHI that it creates, receives, maintains or transmits on behalf of the County. Business Associate acknowledges that the HITECH Act requires Business Associate to comply with 45 C.F.R. §§ 164.308, 164.310, 164.312 and 164.316 as if Business Associate were a Covered Entity, and Business Associate agrees to comply with these provisions of the Security Standards and all additional security provisions of the HITECH Act. Furthermore, to the extent feasible, Business Associate will use commercially reasonable efforts to ensure that the technology safeguards used by Business Associate to secure PHI will render such PHI unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI in accordance with HHS Guidance published at 74 Federal Register 19006 (April 17, 2009), or such later regulations or guidance promulgated by HHS or issued by the National Institute for Standards and Technology ( "NIST ") concerning the protection of identifiable data such as PHI. Lastly, Business 50554809.4 Page 3 of 8 Associate will promptly report to the County any successful Security Incident of which it becomes aware. At the request of the County, Business Associate shall identify: the date of the Security Incident, the scope of the Security Incident, the Business Associate's response to the Security Incident and the identification of the Party responsible for causing the Security Incident, if known. 9. Data Breach Notification and Mitigation. 9.1 HIPAA Data Breach Notification and Mitigation. Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any "breach" of "unsecured PHI" as those terms are defined by 45 C.F.R. § 164.402 (hereinafter a "HIPAA Breach "). The Parties acknowledge and agree that 45 C.F.R. § 164.404, as described below in this Section 9.1, governs the determination of the date of a HIPAA Breach. In the event of any conflict between this Section 9.1 and the Confidentiality Requirements, the more stringent requirements shall govern. Business Associate will, following the discovery of a HIPAA Breach, notify the County immediately and in no event later than seven (7) business days after Business Associate discovers such HIPAA Breach, unless Business Associate is prevented from doing so by 45 C.F.R. § 164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to the County, the discovery of a HIPAA Breach shall occur as of the first day on which such HIPAA Breach is known to the Business Associate or, by exercising reasonable diligence, would have been known to the Business Associate. Business Associate will be considered to have had knowledge of a HIPAA Breach if the HIPAA Breach is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing the HIPAA Breach) who is an employee, officer or other agent of the Business Associate. No later than ten (10) business days following a HIPAA Breach, Business Associate shall provide the County with sufficient information to permit the County to comply with the HIPAA Breach notification requirements set forth at 45 C.F.R. § 164.400 et seq. Specifically, if the following information is known to (or can be reasonably obtained by) the Business Associate, Business Associate will provide the County with: (i) contact information for individuals who were or who may have been impacted by the HIPAA Breach (e.g., first and last name, mailing address, street address, phone number, email address); (ii) a brief description of the circumstances of the HIPAA Breach, including the date of the HIPAA Breach and date of discovery; (iii) a description of the types of unsecured PHI involved in the HIPAA Breach (e.g., names, social security number, date of birth, address(es), account numbers of any type, disability codes, diagnostic and /or billing codes and similar information); (iv) a brief description of what the Business Associate has done or is doing to investigate the HIPAA Breach, mitigate harm to the individual impacted by the HIPAA Breach, and protect against future HIPAA Breaches; and (v) appoint a liaison and provide contact information for same so that the County may ask questions or learn additional information concerning the HIPAA Breach. Following a HIPAA Breach, Business Associate will have a continuing duty to inform the County of new information learned by Business Associate regarding the HIPAA Breach, including but not limited to the information described in items (i) through (v), above. 9.2 Data Breach Notification and Mitigation Under Other Laws. In addition to the requirements of Section 9.1, Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually identifiable information (including but not limited to PHI, and referred to hereinafter as "Individually Identifiable Information") that, if misused, disclosed, lost or stolen, the County believes would trigger an obligation under one or more State data breach notification laws (each a "State Breach ") to notify the individuals who are the subject of the information. Business Associate agrees that in the event any Individually Identifiable Information is lost, stolen, used or disclosed in violation of one or more State data breach notification laws, Business Associate shall promptly: (i) cooperate and assist the County with any investigation into any State Breach or alleged State Breach; (ii) cooperate and assist the 50554809.4 Page 4 of 8 County with any investigation into any State Breach or alleged State Breach conducted by any State Attorney General or State Consumer Affairs Department (or their respective agents); (iii) comply with the County's minimum determinations regarding the County's and Business Associate's obligations to mitigate to the extent practicable any potential harm to the individuals impacted by the State Breach; and (iv) assist with the implementation of any decision by the County or any State agency, including any State Attorney General or State Consumer Affairs Department (or their respective agents), to notify individuals impacted or potentially impacted by a State Breach. 1.0. Term and Termination. 10.1 This Agreement shall commence on the Effective Date and shall remain in effect until terminated in accordance with the terms of this Section 10, provided, however, that termination shall not affect the respective obligations or rights of the Parties arising under this Agreement prior to the effective date of termination, all of which shall continue in accordance with their terms. 10.2 Either Party shall have the right to terminate this Agreement for any reason upon ninety (90) days written notice to the other Party, provided the Interlocal Agreement for EMS Billing between the Parties also terminates or is terminated concurrently therewith. 10.3 Either Party may immediately terminate this Agreement (the "Terminating Party") and shall have no further obligations to the other Party (the "Terminated Party ") hereunder if any of the following events shall have occurred and be continuing: (i) The Terminated Party fails to observe or perform any material covenant or obligation contained in this Agreement for ten (10) days after written notice thereof has been given to the Terminated Party; or (ii) A violation by the Terminated Party of any provision of the Confidentiality Requirements or other applicable federal or state privacy law relating to the obligations of the Terminated Party under this Agreement. 10.4 Termination of this Agreement for either of the two reasons set forth in Section 1.0.3 above shall be cause for either Party to immediately terminate for cause any Business Arrangement pursuant to which Business Associate is entitled to receive PHI from the County. 10.5 Upon the termination of all Business Arrangements, either Party may terminate this Agreement by providing written notice to the other Party. 10.6 Upon termination of this Agreement for any reason, Business Associate agrees either to return to the County or to destroy all PHI received from the County or otherwise through the performance of services for the County, that is in the possession or control of Business Associate or its agents. In the case of PHI which is not feasible to "return or destroy," Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. Business Associate further agrees to comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment of such PHI. 11. No Warranty. PHI IS PROVIDED TO BUSINESS ASSOCIATE SOLELY ON AN "AS IS" BASIS. THE COUNTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, 50554809.4 Page 5 of 8 INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 12. Ineligible Persons. Business Associate represents and warrants to the County that Business Associate (i) is not currently excluded, debarred, or otherwise ineligible to participate in any federal health care program as defined in 42 U.S.C. Section 1320a -7b(f) ( "the Federal Healthcare Programs "); (ii) has not been convicted of a criminal offense related to the provision of health care items or services and not yet been excluded, debarred, or otherwise declared ineligible to participate in the Federal Healthcare Programs, and (iii) is not under investigation or otherwise aware of any circumstances which may result in Business Associate being excluded from participation in the Federal Healthcare Programs. This shall be an ongoing representation and warranty during the term of this Agreement, and Business Associate shall immediately notify the County of any change in the status of the representations and warranty set forth in this section. Any breach of this section shall give the County the right to terminate this Agreement immediately for cause. 13. Miscellaneous. 13.1 Notice. All notices, requests, demands and other communications required or permitted to be given or made under this Agreement shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by (i) personal delivery; (ii) certified or registered United States mail, return receipt requested; (iii) overnight delivery service with proof of delivery; or (iv) facsimile with return facsimile acknowledging receipt. Notices shall be sent to the addresses below. Neither Party shall refuse delivery of any notice hereunder. COUNTY: Glasscock County Texas 117 E. Currie P. O. Box 55 Garden City, Texas 79739 Attention: Christie Dyer Tel No.: (432) 354 -2554 Fax No.: (432) 354 -XXXX Copy to: BUSINESS ASSOCIATE: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Attention: Allison Gorzell Tel. No.: (210) 619 -1400 Fax. No.: (210) 619 -1499 Copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, TX 78212 Attention: Charles Zech 13.2 Waiver. No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the Party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach. 13.3 Assignment. Neither Party may assign (whether by operation or law or otherwise) any of its rights or delegate or subcontract any of its obligations under this Agreement without the prior written consent of the other Party. 50554809.4 Page 6 of 8 13.4 Severability. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions. 13.5 Entire Agreement. This Agreement constitutes the complete agreement between Business Associate and the County relating to the matters specified in this Agreement, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. In the event of any conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreement(s), the terms of this Agreement shall control unless the terms of such Business Arrangements are more strict with respect to PHI and comply with the Confidentiality Requirements, or the parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Party; provided, however, that upon the enactment of any law, regulation, court decision or relevant government publication and /or interpretive guidance or policy that the County believes in good faith will adversely impact the use or disclosure of PHI under this Agreement, the County may amend the Agreement to comply with such law, regulation, court decision or government publication, guidance or policy by delivering a written amendment to Business Associate which shall be effective upon written notification to the County by Business Associate of its agreement to the written amendment. If the Parties are unable to mutually agree to any amendment, either Party shall have the right to terminate this Agreement by providing written notice to the other Party. No obligation on either Party to enter into any transaction is to be implied from the execution or delivery of this Agreement. This Agreement is for the benefit of, and shall be binding upon the Parties, their affiliates and respective successors and assigns. No third party shall be considered a third -parry beneficiary under this Agreement, nor shall any third party have any rights as a result of this Agreement. 13.6 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. 13.7 Equitable Relief. Business Associate understands and acknowledges that any disclosure or misappropriation of any PHI in violation of this Agreement will cause the County irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that County shall have the right to apply to a court of competent jurisdiction for specific performance and /or an order restraining and enjoining any such further disclosure or breach and for such other relief as County shall deem appropriate. Such right of the County is to be in addition to the remedies otherwise available to the County at law or in equity. Business Associate expressly waives the defense that a remedy in damages will be adequate and further waives any requirement in an action for specific performance or injunction for the posting of a bond by the County. 13.8 Nature of Agreement; Independent Contractor. Nothing in this Agreement shall be construed to create (i) a partnership, joint venture or other joint business relationship between the parties or any of their affiliates, or (ii) a relationship of employer and employee between the parties. Business Associate is an independent contractor, and not an agent of the County. This Agreement does not express or imply any commitment to purchase or sell goods or services. 13.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the Party against whom enforcement of this Agreement is sought. 50554809.4 Page 7 of 8 IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date. Glasscock County, Texas : (Print or Type Name (Title) Date: And Acknowledged By: Glasscock County, Texas Christie Dyer, Privacy Officer BUSINESS ASSOCIATE: City of Schertz, Texas By: John C. Kessel. (Print or Type Name City Manager (Title) Date: And Acknowledged By: City of Schertz, Texas LE Allison Gorzell, Privacy Officer 50554809.4 Page 8 of 8 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: Finance Subject: Resolution 15 -R -28 — Commercial Lease Agreement and Temporary Use Agreement with the Schertz Chamber of Commerce BACKGROUND In October 2009, the City entered into a Lease Agreement with the Schertz Chamber of Commerce for use of the Kramer House as its Business Headquarters and Visitors' Center. The Kramer House is located at 1730 Schertz Parkway, Schertz, TX. The previous agreement included a base rent of $650 per month, paid in quarterly installments of $1,950. The agreement lapsed on September 30, 2014. Both the City and the Chamber of Commerce have continued to operate as usual, even in the absence of a formal agreement. The Chamber paid quarterly rent installments in October 2014, January 2015, and April 2015. Both parties have a mutual desire to continue the previous agreement for another term of five years. The contract remains largely the same as the initial agreement approved by Council, with only the following minor changes: 1. Retroactive effective date of October 1, 2014; 2. The base rent amount in the Holdover clause was changed from $1,000 to $650 per month; and 3. Incorporation of additional termination provisions. Additionally, both parties desire to have a supplemental Temporary Use Agreement, whereby the City can request to use the Kramer House, with sufficient lead time, for meetings or events. The Schertz Chamber of Commerce has reviewed and approved these agreements. Goal The goal of Resolution 15 -R -28 is to enter into a new Commercial Lease Agreement and Temporary Use Agreement for the Kramer House between the City and the Chamber of Commerce. Community Benefit It is the City's desire to partner with the Chamber of Commerce to foster growth, development and opportunity for Schertz. This agreement will enable the Chamber to continue to facilitate community outreach as a Visitors' Center and promote economic development for the City. Summary of Recommended Action Staff recommends Council approve the Resolution to enter into a new Commercial Lease Agreement and Temporary Use Agreement for the Kramer House between the City and the Chamber of Commerce. FISCAL IMPACT The City will collect rent in the amount of $7,800 each fiscal year for the next five years. RECOMMENDATION Staff recommends Council approve Resolution No. 1.5 -R -28. ATTACHMENT(S) Resolution No. 15 -R -28 Exhibit A: Commercial Lease Agreement for Kramer House Exhibit B: Temporary Use Agreement RESOLUTION NO. 15 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMERCIAL LEASE AGREEMENT AND TEMPORARY USE AGREEMENT WITH THE SCHERTZ CHAMBER OF COMMERCE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Commercial Lease Agreement and a Temporary Use Agreement for the Kramer House with the Schertz Chamber of Commerce; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Schertz Chamber of Commerce pursuant to the Commercial Lease Agreement and Temporary Use Agreement attached hereto as Exhibit A and Exhibit B (the "Agreements "); and WHEREAS, the Schertz Chamber of Commerce has approved the Agreements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with the Schertz Chamber of Commerce in substantially the forms set forth in Exhibit A and Exhibit B. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 imall COMMERICAL LEASE AGREEMENT 50234811.1 A -1 TEMPORARY USE AGREEMENT 50234811.1 A -2 FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged and confessed, the Landlord named below leases to the Tenant named below, and Tenant leases from Landlord, the Premises described below pursuant to the terms of this Commercial Lease Agreement (this "Lease ") entered into effective as of the Effective Date specified below. A. Basic terms of the Lease: 1. Effective Date: 2. Landlord: 3. Landlord Contact Information: 4. Tenant: 5. Tenant Contact Information October 1, 2014 . CITY OF SCHERTZ, TEXAS 1.400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Phone: (210) 619 -1020 Facsimile: (210) 619 -1029 Email: 3kessel (c),,schertz.com SCHERTZ CHAMBER OF COMMERCE 1730 Schertz Parkway Schertz, Texas 78154 Attention: President /Chair of the Board Phone: (21.0) 566 -9000 Facsimile: (210) 619 -1959 Email: President sch rtzchambenoi 6. Premises: The Kramer House located at 1.730 Schertz Parkway, and more particularly described on Exhibit A. 7. Base Rent: Six Hundred Fifty Dollars and No /100 ($650.00) per month payable in quarterly installments for the Kramer House. 8. Commencement Date: October 1, 2014 . 9. Termination Date: September 30, 2019, as may be extended pursuant to Section H (26) of this Lease or by written agreement of the Landlord and Tenant. 1.0. Security Deposit: $0.00 11. Use: Business headquarters and Visitors' Center il 1.2. Insurance: Amount of liability insurance to be maintained by Tenant: Death/bodily injury: One Million and No /100 Dollars ($1,000,000.00) Property: Two Hundred Fifty Thousand and No/] 00 Dollars ($250,000.00) B. Definitions: 1. "Rent" means Base Rent plus any other amounts of money due Landlord by Tenant under the terms of the lease. 2. "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Use. C. Tenant agrees to: 1. Lease the Premises for the entire term of this Lease beginning on the Commencement Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS." 3. Pay quarterly, in advance, on the first day of January, April, July and October, the Base Rent to Landlord at Landlord's address; provided, the Base Rent due each quarter will be $1,950.00. 4. Pay, as Additional Rent, all other amounts due under this Lease, when due and payable. 5. Pay a late charge of five percent (5 %) of any Rent not received by Landlord by the tenth day after it is due, and, so long as Rent is paid within this timeframe, such payment shall not be a default under this Lease. 6. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants, at reasonable times and upon reasonable notice. 7. Repair, replace, and maintain any part of the Premises that Landlord is not obligated to repair, replace, or maintain, normal wear expected. 8. Repair any damages to the Premises caused by Tenant. 9. Submit in writing to Landlord any requests for repairs, replacement, and maintenance that are the obligations of Landlord. 1.0. Maintain public liability insurance for the Premises and the conduct of Tenant's business, naming Landlord as an additional insured, in the amounts stated in Section A(12) of this Lease. 1.1. Deliver certificates of insurance to Landlord when requested. 2 12. Indemnify, defend, and hold Landlord harmless from any loss, attorney fees, court and other costs, or claims arising out of Tenant's use of the Premises, except to the extent caused by the negligence of Landlord or Landlord's agents, employees, invitees, licensees, or visitors. 13. Vacate the Premises on termination of this Lease. 14. Within fifteen (15) business days after Landlord's written request, execute an estoppel certificate that states the Commencement Date and Termination Date of this Lease, identifies any amendments to this Lease, describes any rights to extend the Term or purchase rights, lists defaults by Landlord, and provides any other information reasonable requested by Landlord. D. Tenant Agrees not to: 1. Use the Premises for any purpose other than stated in the Lease. 2. Create a nuisance or commit waste on the Premises. 3. Use the Premises in any way that is extra hazardous and would increase Landlord's insurance premiums. 4. Alter the Premises, except for painting, flooring, and maintenance - related alterations, without Landlord's consent. 5. Allow a lien to be placed on the Premises. 6. Use the roof on the Premises, except for locating the HVAC serving the Premises in the same manner as it is currently located. E. Landlord agrees to: 1. Lease to Tenant the Premises for the entire term beginning on the Commencement Date and ending on the Termination Date. 2. Provide the following services to Tenant: landscaping, maintenance, utilities, routine facility maintenance, janitorial services, telephone, and internet. F. Landlord agrees not to: 1. Interfere with Tenant's possession of the Premises as long as Tenant is not in default. 2. If Tenant is not in default, interfere with Tenant's peaceful, quiet, and undisturbed use and possession of the Premises and all rights and privileges pertaining thereto, subject to the terms, conditions, and provisions of this Lease. G. Assignment: 1. This lease is not assignable and is non - transferable by Tenant. 3 H. Landlord and Tenant agree to the following: 1. Alterations. Any physical additions or improvements to the Premises made by Tenant will become the property of the Landlord. 2. Release of ClaimslSubrogation. Landlord and Tenant release each other from any claim, by subrogation or otherwise, for any damage to the Premises by reason or fire or the elements, regardless of cause, including negligence of Landlord or Tenant. This release applies only to the extent that is permitted by law, the damage is covered by insurance proceeds, and the release does not adversely affect any insurance coverage. 3. Notice to Insurance Companies. Landlord and Tenant will notify the issuing insurance companies of the release set forth in the preceding paragraph and will have the insurance policies endorsed, if necessary, to prevent invalidation of the insurance coverage. 4. CasualtylTotal or Partial Destruction. a. If the Premises are damaged by casualty and Landlord elects to restore the Premises, Landlord will, at its expense, restore the Premises to substantially the same condition that existed before the casualty. If Landlord chooses to restore, Landlord will notify Tenant in writing of the estimated time to restore and give Tenant an option to terminate this Lease by notifying Landlord within ten (10) business days. If Tenant does not terminate this Lease, the Lease will continue and Landlord will restore the Premises. If Landlord fails to complete restoration within ninety (90) days from the date of written notification by Landlord to Tenant of Landlord's election to repair the casualty, Tenant may terminate this Lease by written notice to Landlord. b. If Landlord elects not to restore the Premises, this Lease will terminate. 5. CondemnationlSubstantial or Partial Taking. a. If the Premises cannot be used for the purpose contemplated by this Lease because of condemnation or purchase or deed in lieu of condemnation, this Lease will terminate. b. Whether or not any portion of the Premises is taken by condemnation or purchase or deed in lieu of condemnation, Tenant may elect to terminate this Lease if this Lease is fifty percent (50%) or more of the Premises is taken. c. If there is a condemnation or purchase in lieu of condemnation and this Lease is not terminated, the Rent payable during the unexpired portion of the Tenn will be adjusted as may be fair and reasonable. d. Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation; however, Tenant may, to the extent permitted by applicable law, pursue a separate claim against the condemning authority or against the party taking by purchase or deed in lieu of condemnation for Tenant's moving expenses, 4 inconvenience, business interruption, depreciation, loss of leasehold estate, and /or similar loss in a proceeding independent of Landlord's condemnation suit. 6. Default by Landlord /Events. Defaults by Landlord are (i) failing to comply with any provision of this Lease within ten (10) days after written notice and (ii) failing to provide Essential Services to Tenant within three (3) days after written notice. 7. Default by Landlord's /Tenant Remedies. Tenant's remedies for Landlord's default are to sue for damages and/or equitable relief, and, if Landlord does not provide an Essential Service for thirty (30) days after written notice of default, Tenant may terminate this Lease and be released from any further obligations hereunder. 8. Default by Tenant /Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning or vacating a substantial portion of the Premise, or (c) failing to comply within ten (1.0) days after written notice with any provision of this Lease other than the defaults set forth in (a) and (b) above. 9. Default by Tenant /Landlord's Remedies. Landlord's remedies for Tenant's default are limited to the following: (a) enter and take possession of the Premises, after which. Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, at such time Tenant shall not have any further obligations under this Lease; (b) enter the Premises and perform Tenant's obligations, resulting in Tenant being liable to Landlord for the cost incurred by Landlord to perform Tenant's obligations; and (c) terminate this Lease by written notice to Tenant, thus releasing Tenant from any further obligations under this Lease. 1.0. Default /Waivers /mitigation. It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Lease does not preclude pursuit of other remedies in this Lease. Landlord and Tenant have a duty to mitigate damages. 11. Holdover. If Tenant does not vacate the Premises following termination of this Lease, Tenant will become a tenant from month -to -month at a Base Rent of $650.00 per month and either party may terminate this Lease upon thirty (30) days written notice to the other party. 12. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filling a suit for damages. 13. Attorney's Fees. If either party retains an attorney to enforce the Lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 1.4. Venue and Applicable Law. Venue is in Guadalupe County, Texas and this Lease shall be construed and interpreted in accordance with the laws of the State of Texas. 15. Exhibits. The exhibits are incorporated herein as matters of contract as if set forth fully herein. 5 16. Entire Agreement. This Lease is the entire agreement of the parties as to the subject matter hereof, and there are no oral representations, warranties, agreements, or promises pertaining to this Lease not incorporated in writing in the Lease. 17. Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Landlord and Tenant. 18. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. 19. Notices. Any notice required or permitted under this Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address(es) shown in this Lease, which addresses may be changed from time to time. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any addresses for notice may be changed by written notice delivered as provided herein. 20. Abandoned Property. Landlord hereby may retain, destroy, or dispose of any property of Tenant or other person left on the Premises at the end of the term of this Lease, including any renewals hereof. 21. Title. Landlord hereby represents and warrants that (i) it has good and indefeasible fee simple title to the Premises, (ii) has the full right and authority to make this Lease, and (iii) the Premises are free and clear of all contracts, agreements, encumbrances, or defects in title of any nature whatsoever, other than the matters created by or with the consent of Tenant, that would restrict or prevent the use or enjoyment by Tenant of the Premises or the rights or privileges granted under this Lease. 22. Headings. The descriptive headings of the paragraphs contained in the Lease are inserted for convenience only and shall not control, affect, limit, expand, or modify the meaning or construction of any of the provisions hereof. 23. Counterparts. The Lease may be executed in multiple counterparts, and such counterparts, when taken together, shall have the full force and effect of an original, fully executed instrument. 24. Invalidity. If one or more of the provisions hereof shall for any reason be held to be invalid, illegal, or unenforceable in any respect under applicable law, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this Lease shall be construed as is such invalid, illegal, or unenforceable provision had been contained herein. 11 25. Binding Effect. This Lease shall apply to and be binding on the heirs, successors, executors, administrators, and assigns of the Landlord and Tenant. 26. Extensions. Tenant shall have the option to extend this Lease, under the terms herein, upon written notice to Landlord given at lease forty -five (45) days prior to the then applicable Termination Date, for one or more additional terms. Each additional term shall be twelve (12) months in duration. In no event shall the term of this Lease exceed five (5) years without the express written consent of the Landlord. 27. Termination. Either party may terminate this Lease with or without cause and without penalty prior to the Termination Date by providing ninety (90) days written notice to the other party of its intent to terminate this Lease. If the Lease is terminated pursuant to this Section, Tenant shall pay rent on a prorated basis through the termination date noted in the written termination notice. [The remainder of this page was left blank intentionally.] 7 This Commercial Lease Agreement is executed to be effective as the Effective Date. LANDLORD: CITY OF SCHERTZ, TEXAS A Texas Home -Rule Municipality John C. Kessel, City Manager H., TENANT: SCHERTZ CHAMBER OF COMMERCE Maggie Titterington, President Exhibit A Legal Description of Property 2014 031132015 833728 Page 1 of I Cwftat 0wher CrTY OF SCHERTZ (0142532) ABS: 221 SUR: G MALPAZ 0.= AC. EX 0 CSC, GGU, RLT, SCS 0 1738 SCHERTZ PARKWAY SCHERTZ 78154 2014 2013 2012 2011 Imp HS - - $0 so Imp HHS $0 so Land HS $0 $D Date Volume Page Seller Name Land NHS $47,502 $47,502 Ag Mkt $0 SE) Ag Use 30 $o Tim Mkt $0 so Tim Use $0 so HS Cap - Assessed $47,W2 U7,5G2 Au Construction Foundation Exterior Interior Roof Hoofing Type Desgription Area Year Bulk Eff Year value Bedrooms HeaVAC Bath's Fireplace Year Built Rooms SPTO Description Area Market Ag Value COMMERCIAL LEASE AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged and confessed, the Landlord named below leases to the Tenant named below, and Tenant leases from Landlord, the Premises described below pursuant to the terms of this Commercial Lease Agreement (this "Lease ") entered into effective as of the Effective Date specified below. A. Basic terms of the Lease: 1. Effective Date: 2. Landlord: 3. Landlord Contact Information 4. Tenant: 5. Tenant Contact Information: October 1, 2014 CITY OF SCHERTZ, TEXAS 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Phone: (210) 619 -1020 Facsimile: (210) 619 -1029 Email: Jkessel o,schertz.com SCHERTZ CHAMBER OF COMMERCE 1730 Schertz Parkway Schertz, Texas 78154 Attention: President /Chair of the Board Phone: (210) 566 -9000 Facsimile: (210) 619 -1959 Email: President a,schertzchamber.org 6. Premises: The Kramer House located at 1730 Schertz Parkway, and more particularly described on Exhibit A. 7. Base Rent: Six Hundred Fifty Dollars and No /100 ($650.00) per month payable in quarterly installments for the Kramer House. 8. Commencement Date: 9. Termination Date: 10. Security Deposit: October 1, 2014 September 30, 2019, unless modified by Section H. 26. or Section H.27. of this Lease $0.00 11. Use: Business headquarters and Visitors' Center 1 12. Insurance: Amount of liability insurance to be maintained by Tenant: Death/bodily injury: One Million and No /100 Dollars ($1,000,000.00) Property: Two Hundred Fifty Thousand and No /100 Dollars ($250,000.00) B. Definitions: 1. "Rent" means Base Rent plus any other amounts of money due Landlord by Tenant under the terms of the lease. 2. "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Use. C. Tenant agrees to: 1. Subject to Section H.27., lease the Premises for the entire term of this Lease beginning on the Commencement Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS." 3. Pay quarterly, in advance, on the first day of January, April, July and October, the Base Rent to Landlord at Landlord's address; provided, the Base Rent due each quarter will be $1,950.00. 4. Pay, as Additional Rent, all other amounts due under this Lease, when due and payable. 5. Pay a late charge of five percent (5 %) of any Rent not received by Landlord by the tenth day after it is due, and, so long as Rent is paid within this timeframe, such payment shall not be a default under this Lease. 6. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants, at reasonable times and upon reasonable notice. 7. Repair, replace, and maintain any part of the Premises that Landlord is not obligated to repair, replace, or maintain, normal wear expected. 8. Repair any damages to the Premises caused by Tenant. 9. Submit in writing to Landlord any requests for repairs, replacement, and maintenance that are the obligations of Landlord. 10. Maintain public liability insurance for the Premises and the conduct of Tenant's business, naming Landlord as an additional insured, in the amounts stated in Section A(12) of this Lease. 11. Deliver certificates of insurance to Landlord when requested. F) 12. Indemnify, defend, and hold Landlord harmless from any loss, attorney fees, court and other costs, or claims arising out of Tenant's use of the Premises, except to the extent caused by the negligence of Landlord or Landlord's agents, employees, invitees, licensees, or visitors. 13. Vacate the Premises on termination of this Lease. 14. Within fifteen (15) business days after Landlord's written request, execute an estoppel certificate that states the Commencement Date and Termination Date of this Lease, identifies any amendments to this Lease, describes any rights to extend the Term or purchase rights, lists defaults by Landlord, and provides any other information reasonable requested by Landlord. D. Tenant Agrees not to: 1. Use the Premises for any purpose other than stated in the Lease. 2. Create a nuisance or commit waste on the Premises. 3. Use the Premises in any way that is extra hazardous and would increase Landlord's insurance premiums. 4. Alter the Premises, except for painting, flooring, and maintenance - related alterations, without Landlord's consent. 5. Allow a lien to be placed on the Premises. 6. Use the roof on the Premises, except for locating the HVAC serving the Premises in the same manner as it is currently located. E. Landlord agrees to: 1. Subject to Section H.27., lease to Tenant the Premises for the entire term beginning on the Commencement Date and ending on the Termination Date. 2. Provide the following services to Tenant: landscaping, maintenance, utilities, routine facility maintenance, janitorial services, telephone, and internet. F. Landlord agrees not to: 1. Interfere with Tenant's possession of the Premises as long as Tenant is not in default. 2. If Tenant is not in default, interfere with Tenant's peaceful, quiet, and undisturbed use and possession of the Premises and all rights and privileges pertaining thereto, subject to the terms, conditions, and provisions of this Lease. G. Assignment: 1. This lease is not assignable and is non - transferable by Tenant. 3 H. Landlord and Tenant agree to the following: 1. Alterations. Any physical additions or improvements to the Premises made by Tenant will become the property of the Landlord. 2. Release of Claims /Subrogation. Landlord and Tenant release each other from any claim, by subrogation or otherwise, for any damage to the Premises by reason or fire or the elements, regardless of cause, including negligence of Landlord or Tenant. This release applies only to the extent that is permitted by law, the damage is covered by insurance proceeds, and the release does not adversely affect any insurance coverage. 3. Notice to Insurance Companies. Landlord and Tenant will notify the issuing insurance companies of the release set forth in the preceding paragraph and will have the insurance policies endorsed, if necessary, to prevent invalidation of the insurance coverage. 4. Casualty /Total or Partial Destruction. a. If the Premises are damaged by casualty and Landlord elects to restore the Premises, Landlord will, at its expense, restore the Premises to substantially the same condition that existed before the casualty. If Landlord chooses to restore, Landlord will notify Tenant in writing of the estimated time to restore and give Tenant an option to terminate this Lease by notifying Landlord within ten (10) business days. If Tenant does not terminate this Lease, the Lease will continue and Landlord will restore the Premises. If Landlord fails to complete restoration within ninety (90) days from the date of written notification by Landlord to Tenant of Landlord's election to repair the casualty, Tenant may terminate this Lease by written notice to Landlord. b. If Landlord elects not to restore the Premises, this Lease will terminate. 5. Condemnation /Substantial or Partial Taking. a. If the Premises cannot be used for the purpose contemplated by this Lease because of condemnation or purchase or deed in lieu of condemnation, this Lease will terminate. b. Whether or not any portion of the Premises is taken by condemnation or purchase or deed in lieu of condemnation, Tenant may elect to terminate this Lease if this Lease is fifty percent (50 %) or more of the Premises is taken. c. If there is a condemnation or purchase in lieu of condemnation and this Lease is not terminated, the Rent payable during the unexpired portion of the Term will be adjusted as may be fair and reasonable. d. Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation; however, Tenant may, to the extent permitted by applicable law, pursue a separate claim against the condemning authority or against the party taking by purchase or deed in lieu of condemnation for Tenant's moving expenses, 0 inconvenience, business interruption, depreciation, loss of leasehold estate, and /or similar loss in a proceeding independent of Landlord's condemnation suit. 6. Default by Landlord /Events. Defaults by Landlord are (i) failing to comply with any provision of this Lease within ten (10) days after written notice and (ii) failing to provide Essential Services to Tenant within three (3) days after written notice. 7. Default by Landlord's /Tenant Remedies. Tenant's remedies for Landlord's default are to sue for damages and /or equitable relief, and, if Landlord does not provide an Essential Service for thirty (30) days after written notice of default, Tenant may terminate this Lease and be released from any further obligations hereunder. 8. Default by Tenant /Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning or vacating a substantial portion of the Premise, or (c) failing to comply within ten (10) days after written notice with any provision of this Lease other than the defaults set forth in (a) and (b) above. 9. Default by Tenant /Landlord's Remedies. Landlord's remedies for Tenant's default are limited to the following: (a) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, at such time Tenant shall not have any further obligations under this Lease; (b) enter the Premises and perform Tenant's obligations, resulting in Tenant being liable to Landlord for the cost incurred by Landlord to perform Tenant's obligations; and (c) terminate this Lease by written notice to Tenant, thus releasing Tenant from any further obligations under this Lease. 10. Default /Waivers /mitigation. It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Lease does not preclude pursuit of other remedies in this Lease. Landlord and Tenant have a duty to mitigate damages. 11. Holdover. If Tenant does not vacate the Premises following termination of this Lease, Tenant will become a tenant from month -to -month at a Base Rent of $650.00 per month and either party may terminate this Lease upon thirty (30) days written notice to the other party. 12. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filling a suit for damages. 13. Attorney's Fees. If either party retains an attorney to enforce the Lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 14. Venue and Applicable Law. Venue is in Guadalupe County, Texas and this Lease shall be construed and interpreted in accordance with the laws of the State of Texas. 15. Exhibits. The exhibits are incorporated herein as matters of contract as if set forth fully herein. 5 16. Entire Agreement. This Lease is the entire agreement of the parties as to the subject matter hereof, and there are no oral representations, warranties, agreements, or promises pertaining to this Lease not incorporated in writing in the Lease. 17. Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Landlord and Tenant. 18. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. 19. Notices. Any notice required or permitted under this Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address(es) shown in this Lease, which addresses may be changed from time to time. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any addresses for notice may be changed by written notice delivered as provided herein. 20. Abandoned Property. Landlord hereby may retain, destroy, or dispose of any property of Tenant or other person left on the Premises at the end of the term of this Lease, including any renewals hereof. 21. Title. Landlord hereby represents and warrants that (i) it has good and indefeasible fee simple title to the Premises, (ii) has the full right and authority to make this Lease, and (iii) the Premises are free and clear of all contracts, agreements, encumbrances, or defects in title of any nature whatsoever, other than the matters created by or with the consent of Tenant, that would restrict or prevent the use or enjoyment by Tenant of the Premises or the rights or privileges granted under this Lease. 22. Headings. The descriptive headings of the paragraphs contained in the Lease are inserted for convenience only and shall not control, affect, limit, expand, or modify the meaning or construction of any of the provisions hereof. 23. Counterparts. The Lease may be executed in multiple counterparts, and such counterparts, when taken together, shall have the full force and effect of an original, fully executed instrument. 24. Invalidity. If one or more of the provisions hereof shall for any reason be held to be invalid, illegal, or unenforceable in any respect under applicable law, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this Lease shall be construed as is such invalid, illegal, or unenforceable provision had been contained herein. X 25. Binding Effect. This Lease shall apply to and be binding on the heirs, successors, executors, administrators, and assigns of the Landlord and Tenant. 26. Extensions. Tenant shall have the option to extend this Lease, under the terms herein, upon written notice to Landlord given at lease forty -five (45) days prior to the then applicable Termination Date, for one or more additional terms. Each additional term shall be twelve (12) months in duration. In no event shall the term of this Lease exceed five (5) years without the express written consent of the Landlord. 27. Termination. Either party may terminate this Lease with or without cause and without penalty prior to the Termination Date by providing ninety (90) days written notice to the other party of its intent to terminate this Lease. If the Lease is terminated pursuant to this Section, Tenant shall pay rent on a prorated basis through the termination date noted in the written termination notice. [The remainder of this page was left blank intentionally.] ig This Commercial Lease Agreement is executed to be effective as the Effective Date. 1�I�► 7 r[i7i CITY OF SCHERTZ, TEXAS A Texas Home -Rule Municipality John C. Kessel, City Manager H TENANT: SCHERTZ CHAMBER OF COMMERCE a Maggie Vtterington, P sident Exhibit A Legal Description of Property 2014 0311312015 833728 Page 1 of 1 Current Owner Legal Description Exemptions Market CITY OF SCHERTZ 101425321 ASS: 221 SUR: G MALPAZ 0.727 AC. EX 0 Entities Asseased CSC, GGU, RLT, SCS 0 Sinus Address History Information 9730 SCHERTZ PARKWAY SCHERTZ 7$154 2014 2013 2012 2011 Imp HS - - $0 $0 Imp NHS Land HS Land iIHS - - - - - - $0 $0 $0 s0 $47,502 $47,502 Sales Date Volume Page Seller Name Ag Mkt - - $0 s0 Ag Use - - $0 s0 Tim Mkt - - s0 s0 Tim Use - - $o s0 HS Cap - - - - Assessed - - $47,502 $47,502 Building Attributes Type Description Improvements Area Year Built Eff Year Value Construction Foundation Exterior Interior Roof : Flooring HeattAC Baths Fireplace Year Built Rooms Bedrooms Land Segments SPTB Description Area Market Ag Value . . USE OF THE KRAMER HOUSE BY THE CITY OF SCHERTZ Upon mutual agreement, the Schertz Chamber of Commerce ( "Chamber ") shall allow the City of Schertz ( "City ") to use and temporarily exercise possession of the Kramer House, subject to the following conditions, as well as any other terms mutually agreed upon by the Parties. 1. The City shall give at least two (2) weeks' notice of its desired or intended use of the Kramer House. This requirement may be waived under extraordinary circumstances at the discretion of the Chamber. 2. Both parties shall agree to and execute this Temporary Use Agreement prior to any term of temporary use by the City. 3. The City shall designate in writing a specific City employee or personnel who shall be provided a key and special code to the Kramer House. This employee or his /her designee shall be responsible to open, setup, clean and lock/secure the Kramer House upon completion of the term of temporary use by the City. The City shall be responsible for securing the property during any term of temporary use. MT initial 4. Any destruction, loss of items or other damage incurred to the Kramer House or its contents during the term of temporary use by the City shall be the sole responsibility of the City, and the Chamber shall be reimbursed for any such damages. MT initial. 5. The City's use of the Kramer House shall be for purposes consistent with the terms of the Commercial Lease Agreement between the City and Chamber and /or official City business as designated by the City Council and/or City Manager. 6. Any other mutually agreed upon conditions contained on additional page(s) and attached hereto and incorporated as part of this Temporary Use Agreement. 7. Temporary use of the Kramer House will be at no cost to the City. SchertiChamber of Commerce 4/2/15 Date City Manager Date Kramer House /Schertz Chamber Offices Usage Agreement Requested Date of Use: Requested Time of Use: Event: Contact Name: Mailing Address Phone /Cell: Designated City Employee Name: Phone /Cell: I agree to the terms on the prior page of the Kramer House Temporary Use agreement. By my signature, I am agreeing with and will abide with the terms stated and accept full responsibility for any and all damages and incidences that may occur through the use of the Kramer House /Schertz Chamber Offices. City Manager Signature Printed Name Chamber of Commerce Printed Name Date Date Approved Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: April 7, 2015 Department: Subject: BACKGROUND City Council Discussion and /or action regarding the seating of a bond committee. As a result of the City Council Workshop meeting of March 31, 2015 with the Mayor's Task Force, the Council requested that an item be placed on this agenda for discussion and possible action regarding the seating of a bond committee. FISCAL IMPACT None at this time. RECOMMENDATION Mayor and Council to discuss and take action to appoint the following members as the Bond Committee: Frank McElroy Tim Brown Fae Simmons Michael Dahle Maggie Titterington Richard Dziewit Ed Finley Howson Lau Barbara Hall