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HomeMy WebLinkAboutCCpkt2021-02-23AGENDA City Council Meeting Tuesday, February 23, 2021 @ 6:30 PM Antia Anna ISD Board Room 201 E. 7th Street, Anna, Texas 75409 or if unable to meet at the Board Room Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on February 23, 2021 at the Anna ISD Board Room, 201 E. 7th Street or if unable to meet there they will meet at Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing and any item that is not on this meeting agenda. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland(cDannatexas.gov) by 5:00 PM so it may be read into the record. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Legislative Update b. Process for Communications from Advisory Boards C. DEEP FREEZE UPDATE 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Police department report on 2020 racial profiling data that will be submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) b. Review minutes of the January 7, 2021 Joint Community Development Corporation Board and Economic Development Corporation Board Meeting. (Director of Economic Development Joey Grisham) C. Approve a Resolution approving a one-year extension of the primary depository bank services contract with Independent Bank. (Finance Director Alan Guard) d. Approve a Resolution approving a Medical Director Services Agreement with Questcare Medical Services, PLLC in support of EMS services (Fire Chief Ray Isom). e. Approve Resolution Determining Cost of Authorized Improvements with Preliminary SAP and Setting Levy and Assessment Hearing Date for Sherley Tract Public Improvement District. f. Approve Resolution Setting Public Hearing to Create a TIRZ to encompass the Sherley Tract Public Improvement District PID property. 6. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Charter provisions; personnel policies; Council procedures; staff procedures; City ordinances; City contracts; public facilities and related legal matters. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 8. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on February 19, 2021 Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF manna AGENDA ITEM: Legislative Update SUMMARY: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: On February 11, 2021, the City Manager attended a meeting where Bennett Sandlin, the TML Executive Director, provided a detailed update on several current initiatives being considered by the Texas State Legislature in the current session, that are of grave concern to cities throughout the State, North Texas and the City of Anna. The purpose of this update is to inform Council and seek support to officially to either support or oppose these and other legislative actions that are being considered but may not be in support of the operations of cities like the City of Anna, a home rule city in the State of Texas. While TML effectively acts as a lobbyist on behalf of its over 800 member cities, to which we are one, TML also asks for support in these efforts, which can include the passing of local resolutions or ordinances supporting or opposing such actions, depending upon the issues, and at times testifying at the appropriate hearings on such topics, or providing supporting documentation "for" or "against," where such efforts on behalf of the member cities can illustrate the positions of these cities, further citing the reasons and impacts of such opposition or support. Several of the greatest concerns being considered in this Legislative session, as identified by TML, are limiting legislature that would affect home rule city power of self - governance and regulatory authorities and regulations, limiting local controls of development, which will affect high growth cities like Anna, impacting potential taxing authority creating limitations on cities by the initiation of additional unfunded mandates, creating disparate distribution of wealth by creating fees which will be borne by users of systems to provide funding for others (future users) and creating development and growth initiatives that can significantly and adversely affect growth management in cities like Anna. The following are examples of the issues which we will be following and seeking Council support the recommendations presented. 1. Legislative support to provide broadband internet service to underserved areas where weak or no service exists - While TML supports underserviced areas being addressed throughout Texas, the State wants to address it, but does not want to fund it, as there is no funding source available currently for such an initiative. It is more likely to be a fee -based structured funding mechanism whereby those who have such a service currently (and are paying for it) would incur an additional charge to their current service to accumulate revenue to provide that service to those areas without service, in essence those who have it will pay for those who don't, in both rural and urban areas, funding the telecommunications industry at the expense of the current users. Recommendation: Oppose 2. There is legislature to revise the Open Meetings Act with regard to the current government emergency rules to remain in place after the state of emergency is lifted. This would allow for open meetings to remain digital as an option after the pandemic, effectively not requiring a public official to be physically present for meetings to establish a quorum, as they could "zoom" in, or use some other means to participate remotely. The shortcomings may be where closed session security could be compromised allowing those outside of the board to participate without having authorization to do so. Recommendation: Support in part 3. There is an effort to revise annexation laws to make it easier to annex across state or county highways and roads, removing the HB1241 & SB374 restrictions for such. Recommendation: Support 4. There is an effort to relax the on-line notification of legal notices, eliminating the unfunded mandate and costs to local government that currently require legal ads in newspapers by HB1030; should this pass cities could post legal ads digitally by a means to be determined. Recommendation: Support 5. There is a recommendation of hard push back on censorship bills (preventing the cities from hiring lobbyist.) This would eliminate the TML's ability to serve us. As laid out HB749 SB234 (Rep Hall,) this severely limits our voice on a state level. This requires the Council to support the interest of cities by opposing this legislature and may require testimony at the appropriate time. Recommendation: Oppose 6. S132 — There will be a clean-up bill to S132 from the last session — The idea will come from all areas of the prior legislature actions. - Bettencourt wants to remove disaster provision to SB2 claiming that a pandemic is not a disaster or emergency since there was no loss in infrastructure, they will likely try to do the same with the current DEEP FREEZE event. If successful they will remove the 8% cap (formerly defined as rollback) and such an action hurts Anna revenue as it does high growth cities. We had enacted this provision for the FY2021. - Additionally they want to do away with the 30,000 population cap that would allow for de minimus calculation approach which provides small cities the option to raise a specified amount of revenue without an election. This also hurts small cities (like Anna) limiting their abilities to fund infrastructure needs, to keep up with growth, as impact fees are already restricted to 50% maximum funding levels of designated projects cost projections. - The proposal also provides for having COs to count against the M&O rate which would result in significant reduction in operating funds and would be catastrophic to all operations effectively the eliminating the use of COs for any municipal use, again taking away home rule power to manage finances locally. Typically COs for emergencies, receive better rates than other forms of debt saving taxpayer money. Bond Counsel and FAs need to support opposition to these initiatives as well. Staff will coordinate this effort. Recommendation: Oppose 7. There are several police initiatives in response to the various event that occurred in 2020, and the resulting discussions on the topics of police reform, defunding, banning of choke holds, other initiatives related to policing and the funding thereof on the local level. There are several bills. - HB638 says you cannot spend any less on public safety including debt. This is a problem because if you debt serviced a police station or police equipment not you have to spend that amount each year even if you don't need to. - A second bill allows spending at 5% but requires an election to enact. This is an unfunded mandate required to hold elections each year for any police purchase, as most compensation step plans in place throughout the state have built in increases for performance which would utilize amounts up to that 5%, so any equipment, materials, training, operational supplies would require an election to fund. - HB1692 provides for no defunding unless it is commensurate with all defunding. This means that in places where the tax base declines commensurate cuts to all municipal functions would require be required, eliminating a community ability to prioritize its own needs. - The Governor has a proposal that says if you defund public safety, the State would withhold sales tax from cities. TML attorneys have already stated that this unconstitutional. This would be challenged and likely overturned as such. To be clear, the city is not opposing or supporting any of the issues noted that are being used as a justification for the legislative action, we would be opposing the methodology being proposed which restricts the city's ability to make its own decisions with regard to budgets of the department we manage. Recommendation: Oppose 8. Sales tax for internet sales shifting the recipient of the tax to destination of delivery. There are winners and loses in this one. There will be legislation on both sides of this issue. TML is neutral on this issue, but will present both sides. Anna would be a winner if the sales tax is assigned to the destination, since there are more people spending outside of Anna, purchasing on line where we do not that revenue now. Recommendation: Varies throughout the State dependent upon retail structure in place; Anna should support as our population is spending money outside of our boundaries and this change would result in additional sales tax. 9. There is a move to repeal HB2439 by cities, but not likely to happen. TML is trying to work with builder's associations and cities. TML needs examples to support the argument. We will provide our objections and arguments for the effort. As an example, currently our neighborhood design standards are unenforceable without providing financial incentives to developers and builders at the expense of our taxpayers. HB2439 is bad for achieving quality development without taxpayer financial support. Recommendation: Support 10. HB1538 (and 3 others) This movement will be to allow for issuance of recurring debt to not require vote when the history has shown repeated overwhelming support of initiatives. We are seeking more information on this item but generally we would support items that reduce financial impacts and empower home rule authority. Recommendation: Support Staff seeks general feedback from Council and will bring back a resolution(s) at the appropriate time to issue support, opposition and documentation in support of the TML actions. The Council as whole can take a position which differs from these recommendations. General information: TML will continue to work with the City Manager on legislative policy going forward. FINANCIAL IMPACT: None at this time. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Anna — Great Place to Live Goal 2: Anna — Great Place to Live Goal 4: High Performing, Professional City STAFF RECOMMENDATION: No formal action is required at this time; staff seeks general direction and any input on the Council these issues for future consideration. ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 2/19/2021 THE CITY OF Anna Item No. 4.b. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Ryan Henderson AGENDA ITEM: Process for Communications from Advisory Boards SUMMARY: Two weeks ago, at the last City Commission meeting, the City heard from many neighbors expressing concerns regarding the content of a communication from one of the City's advisory boards. After hearing the concerns of our neighbors, the City of Anna has established a process -based solution to properly vet and authorize communications that come from the advisory boards and serving on behalf of the City Council. The process will be as follows: all newsletters and updates from our advisory boards that are intended to share progress on the activities of the boards for our neighbors, will be reviewed by all members of the participating advisory board. This will assure that the communication that goes out is a unified and productive message from the board as a whole. In addition, the Mayor, Mayor Pro-Tem, and Deputy Mayor Pro-Tem will be provided the communication for final sign -off before its City-wide distribution. Staff will provide a third review prior if it is to be posted on the City's webpage and specifically on the board's dedicated page. This three -layered approach to review all advisory board communications, whether in the form of a newsletter or message, will promote a unified and consistent message for our community. This process -based solution will resolve any content -based issues. FINANCIAL IMPACT: There is no fiscal impact. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 2/19/2021 Jim Proce, City Manager Final Approval - 2/19/2021 THE CITY OF Anna AGENDA ITEM: DEEPFREEZE UPDATE SUMMARY: Item No. 4.c. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Jim Proce Staff will update Council and neighbors on the status of the DEEP FREEZE weather event. Presentations from Public Works, Police, Fire, and City Manager's Office will be provided identifying recovery plans, recognition of efforts, and related discussions. FINANCIAL IMPACT: No action required at this time. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Presentation for information only. ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 2/19/2021 City Council February 23, 2021 Winter Weather Disaster Report Greg Peters, P.E., Director of Public Works Ray Isom, Fire Chief/Emergency Management Coordinator Overview •Disaster by the Numbers •Historical Functionality of the Power Grid in Anna •Impacts in Anna •Facility & Operational Impacts •Disaster Response •Resiliency Planning •Strategic Discussion Points 2 Disaster By The Numbers •Average temperature of 10.8°from February 14th-16th was the coldest 3-day stretch on record in DFW (record keeping began in 1898) •4+ inches of snow in Collin County, with an overnight low temperature of -4°F. •Approximately 4 million homes in Texas completely lost power for multiple days •A minimum of 2.8 million homes at a time were blacked out during the rolling blackouts, affecting nearly all of the 29 million residents in the State, with few exceptions •14.9 million people have been under a boil water notice(51% of all Texans) •More than 32 deaths in Texas have been attributed to the storm 3Sources: FOX, ABC, CBS, NBC, NPR, TCEQ, Washington Post, Texas Tribune Historical Functionality of the Power Grid in Anna •Weather events often cause damage to overhead power lines, transformers, and power delivery facilities in Anna. •Typically, this damage causes blackouts which can last between 1 hour and 4 hours. In rare cases, blackouts can last up to 24 hours. •Historically both Oncor and GCEC have prioritized the City’s critical infrastructure and get power back to these facilities within hours. •In recent history, the longest blackout at a critical City facility was for a period of 4-4.5 hours at West Crossing Pump Station during severe weather in 2016. •During this winter storm neither Oncor or GCEC protected our critical facilities from the rolling blackouts, resulting in critical facilities going dark for long periods of time at irregular intervals. •In addition, many Anna neighbors lost power completely. Most others received rolling blackouts of varying intervals, reducing the ability of neighbors to heat their homes, run appliances, lights, and the basic residential devices we typically utilize daily. 4 Planning Efforts •Beginning on Tuesday (2/9/21), the City Manager, Fire Chief/Emergency Management Coordinator, Police Chief, and Public Works Director began preparations for the winter event, including: •Preparation of materials for pre-treating and sanding roads •Coordination with TxDOT on plowing and treatment of State roads •Coordination with Anna ISD on possible emergency use of their facilities •Coordination with Anna ISD on school closures and road conditions •Pre-treatment of major roads began on Wednesday (2/10/21), by Public Works Streets staff and TxDOT •ERCOT, Oncor, and GCEC gave no indication leading up to Monday that they would not protect critical City facilities and infrastructure from rolling blackouts. 5 6 7 Power Grid Failure •Beginning on Monday (2/15/21), the City of Anna began experiencing rolling blackouts. During the initiation of these blackouts, damage was done to the power grid in Anna, resulting in sustained periods of power loss above and beyond what Oncor and GCEC originally planned. •Due to the damage the rolling blackouts caused in many areas; a major shift occurred in electricity provider’s typical priority list of re-establishing power: 8 Typical Winter Weather Event Priorities Critical Infrastructure > Police & Fire > Residential 2021 Winter Storm Disaster Hospitals > Assisted Living Facilities > Shelters > Critical Infrastructure > Police & Fire NOTE: Widespread failure of generators at Hospitals and Assisted Living Facilities caused a major shift in ERCOT priorities. Infrastructure Impacts in Anna •Public Street System •State Roads –TxDOT pre-treated FM 455, SH 5, and US 75, sanded these roads, and performed some plowing of roads. •City Thoroughfares –staff completed sanding and de- icing with our limited winter equipment •Neighborhood Streets –completely covered in snow and ice •Public Water System •Pump Stations –Pump stations went completely off- line due to power loss •Well Sites –Wells went completely off-line due to power loss, and subsequently froze •Distribution Network –We discovered 2 main line leaks and 1 service line leak on the City side 9 Infrastructure Impacts in Anna •Public Sewer System •Treatment Plant & Lift Stations •Operated on generator power during blackouts (most generators installed by developers per City requirements for all lift stations built by developers) •No sewer overflows reported •Sewer Collection Network •Depth of piping kept the mains and sewage from freezing •Solid Waste Services •No solid waste service from Monday (2/15/21) thru Friday (2/19/21) •Neighborhood street conditions were not safe for large truck use •Low temperatures created unsafe conditions for workers (risk of frostbite in 30 minutes at <10°F) •Cellular Network and IT •City Servers and Internet at City Facilities was impacted due to power loss •AT&T Cellular service utilized by Police/Fire/City staff was intermittent and often down, making communication difficult 10 Facility & Operational Impacts in Anna •Water Pump Stations •Supply Impacts •Lost ability to pump water from GTUA into storage •Pressure Impacts •Lost ability to maintain the minimum system pressures required to meet TCEQ standards (25psi) •Well Sites •Supply Impacts •Loss of power allowed well sites to freeze, reducing our water supply by more than 50% •Loss of Well 5 (largest producing well) created a lack of pressure and supply, resulting in Sherley ground storage tanks emptying 11 Facility & Operational Impacts in Anna •Public Safety Impacts •Police and Fire Department •Loss of power, water, and heat created a very challenging working environment •Extreme measures taken to prevent fire engines from freezing •Collin County Dispatch lost all power causing an adjustment to 9-1-1 operations •Water and food giveaways taxed manpower due to water leaks, alarms, and traffic related issues (off-duty personnel were used when available) •Despite individual electricity, water, and transportation challenges, PD and FD maintained 100% attendance for essential personnel for the duration of the weather event •Public Works •Complete loss of power to PW facility •Loss of SCADA System & Server access (control of water and sewer facilities) •Complete loss of water pressure & volume 12 Disaster Response –City •Phase 1 –Rolling Blackouts •Administration •Made multiple pleas to TDEM (Texas Department of Emergency Management), Oncor, and GCEC to protect our critical facilities •Initiated requests for bottled water and generators through TDEM and Collin County •Public Works Utility Staff (rotating shift for 24-hr coverage) •Personnel placed at all pump stations to operate pumps manually during brief periods of power from Oncor and GCEC •Configured trailer generator at Grayson Pump station to keep Well 8 operational •Configured and monitored pressure gauges at multiple locations to track falling pressures •Monitored on-site tank levels due to SCADA system being offline •Public Works Street Staff (16 hour/day shift) •Placed sand and salt mix at critical intersections •Assisted Fire and Police in responding to water leak calls and clearing paths for emergency response vehicles •Assisted utility staff in monitoring pump stations •Placed sand and salt mix at AISD facilities 13 Disaster Response –City •Phase 2 -Recovery •Bottled Water Distribution (City & CARDS Staff) •4:30pm-6:30pm, Tuesday thru Sunday •Over 4,300 cases of water distributed in the drive-thru event •Bottled Water Bulk Distribution •Delivered 4 pallets of water to Anna Mobile Home Park and 2 pallets to Palladium Apartments •Delivered 5 pallets of water to food drive events run by community partners •Response to calls for service •Utility and Street staff responded to calls for assistance related to broken residential water pipes, residential water leaks, and reports of no water. •Political Assistance •On Wednesday (2/17/21), the Emergency Management Coordinator was informed by Oncor and GCEC that rolling blackouts would be reinstituted. •Mayor Pike and City staff coordinated with State Representative Scott Sanford, State Senator Drew Springer, and US Representative Van Taylor to protect critical water infrastructure. •Elected officials were successful in removing Anna’s water pump locations from any further rolling blackouts! 14 Disaster Response –Community Partners •Many people and organizations stepped up in our time of need, including: •Grace Point Family Church •First Baptist Church of Anna •Pin Oaks Church •Convoy of Hope •North Texas Foodbank •CARDS •Community volunteers •Collin County •TDEMS Staff •These efforts brought bottled water, food, and warmth to our community when so many needed it most. 15 Our Path Back to Normalcy •Key Steps •Return normal water pressures to all Anna neighborhoods; completed on Friday (2/19/21) due to consistent supply of AC power •Rescind the Boil Water Notice; completed ahead of schedule on Sunday (2/21/21) •Excess Trash Dump Sites established by CARDS at Natural Springs Park, Slayter Creek Park, and Public Works (Sunday/Monday) •Respond to all requests for utility assistance (ongoing) •Assist neighbors with information on how to address broken residential pipes and FEMA disaster fund information (ongoing) •Continue to provide bottled water during service calls to those without water due to damage in their home. (ongoing and area-wide) •Repair all damaged mains and the City side of water service lines (see photos to right)16 Current CIP Plan –Key Items •Municipal Complex Construction (under construction) •Includes generator for Fire/Police/Administration •Collin Pump Station Expansion (construction planned for this summer) •Includes new wells and putting ground storage tank into service with new pumps •Scope includes on-site generator •Future Generator Installations as Published in FY20-21 Budget (Page 218-219) •Sherley Pump Station –Planned for FY 22-23 •Powell Pump Station –Planned for FY 22-23 •Well 5 –Planned for FY 23-24 •Future Grayson Pump Station Expansion •Future pump station project at Public Works •Scope includes on-site generator 17 Resiliency Planning •Backup Power and IT for Critical Facilities •Facility Safety and Weather Protection •Transportation issues identified future needs in Police Department fleet (4x4) 18 Public Water System Resiliency Plan •Staff has been working on a resiliency plan for the City’s public water system since November of 2020. •Plummer & Associates was selected as the consultant to assist in identifying needs and preparing a resiliency report with an action plan of steps to take and capital investments to make. •Staff received the draft plan on February 19th and is reviewing and making comments. The final plan will be presented to the City Council at the second Council Meeting in March. 19 Minimum Water System Needs •Our facility protection from a power delivery standpoint has changed. It is now clear that we cannot count on GCEC and Oncor to protect our critical facilities from blackouts, or to restore power back to our facilities within a 4-6 hour window. •The 35kW generators sought during the emergency were only large enough to power a single pump, and no wells. We did not receive any outside generators until Thursday, which was too late to provide assistance. •Staff has reviewed the minimum water facilities needed to maintain minimum system pressures for our public water system. These facilities include pumps (240v) and wells (480v). •The delay in receiving assistance demonstrated that if this rare event were to occur again, we need to prepare to provide our own backup power. 20 Minimum Water System Needs •The minimum facilities required to remain in service during a long-term power loss are: •West Crossing Pump Station (480v/240v) •Sherley Pump Station (480v/240v) •Well 5 (480v) •The minimum SCADA system improvements to ensure resiliency include the replacement of older infrastructure at multiple locations. •The SCADA system improvements made in 2018- 2019 were limited to the infrastructure at Public Works and did not include improvements at our pump stations and wells. 21 Water Facilities Resiliency Costs •Generators & Quick Connect Needs (est. $600,000) •West Crossing Pump Station (350 kW) •Sherley Pump Station (220 kW) •Well 5 (350 kW) •SCADA Resiliency Upgrades (est. $150,000) •Modern equipment at all critical facilities 22 Strategic Discussion Points •Staffing Additions •Creation of dedicated Emergency Management Coordinator FTE •This position is identified in the current 2020-2023 Strategic Plan for the Anna Fire Department and is proposed for future funding in 2022. •Creation of a Communication Professional FTE •Dedicated staff member to issue public statements, provide focused communications to the community, handle media requests, and develop/implement communication and public relations strategies to better engage the public. •Water Infrastructure Resiliency •Backup Power –Generators ($600,000) •Two pad-mounted, one trailer mounted •SCADA System –Resiliency & Connectivity ($150,000) •Water Facility Improvements identified in Risk and Resiliency Assessment •Will be added to our CIP as future projects based on final report •Facility & IT Infrastructure •Major improvements are included with Municipal Complex construction •We will need to consider resiliency as a core component for all future buildings (future fire stations, community facilities, etc.) 23 THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Dean Habel Approve Police department report on 2020 racial profiling data that will be submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) SUMMARY: Police department report on 2020 racial profiling data that will be submitted to the Texas Commission on Law Enforcement (TCOLE). Included is an analysis of departmental data, policies, and training conducted by Justice Research Consultants. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. 2020 Racial Profiling Report 2. 2020 Racial Profiling Report Power Point APPROVALS: Dean Habel, Police Chief Created/Initiated - 2/19/2021 Jim Proce, City Manager Final Approval - 2/19/2021 ANNA POLICE DEPARTMENT 2020 RACIAL PROFILING ANALYSIS STATUTORY REQUIREMENTS Articles 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) require the annual reporting of data collected on motor vehicle stops in which a citation or warning were issued and/or arrests were made as a result of the stop. The statute also directs that an agency should conduct a comparative analysis of the data compiled. The information gathered is required to be submitted annually to the Texas Commission on Law Enforcement (TCOLE). THIRD PARTY ANALYSIS The City contracted with Justice Research Consultants to conduct a comprehensive analysis of: • Policies and procedures • Statistical traffic stop data • Departmental training • Complaint process and public education • Reporting • Legal compliance - o I Nd L, FINDINGS Justice Research Consultants found that the Anna Police Department is in full statutory compliance with CCP 2.132-2.134 regarding all policies, data collection/analysis, training, reporting, and public education on the complaint filing process TRAFFIC STOP DATA AND DEMOGRAPHICS e00\0 kL -\00\0 \° ojlojgl 2fob2 eq'8,4\o T8'5d0\0 T� ■ \0 V68lou bobnj9j!ou 142'00\0 Te'o e S� ■ \o ConufA bobnl9i!ou 22'00\0 T0'300\0 T-1 ■ \o C!�A bobnl9fiou e3'30\° T3'-\Oo\0 T-1 MP!f6 BI gcK H! 00\0 T 00\0 RACIAL PROFILING REPORT • The full report is attached to this agenda item • Findings will be shared with the Diversity & Inclusion Board and Law Enforcement Sub- committee • A link to the report will be made available on the police department's website • Statistical data will be forwarded to TCOLE as is required by law ANNA POLICE DEPARTMENT 2020 RACIAL PROFILING ANALYSIS STATUTORY REQUIREMENTS Articles 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) require the annual reporting of data collected on motor vehicle stops in which a citation or warning were issued and/or arrests were made as a result of the stop. The statute also directs that an agency should conduct a comparative analysis of the data compiled. The information gathered is required to be submitted annually to the Texas Commission on Law Enforcement (TCOLE). THIRD PARTY ANALYSIS The City contracted with Justice Research Consultants to conduct a comprehensive analysis of: • Policies and procedures • Statistical traffic stop data • Departmental training • Complaint process and public education • Reporting • Legal compliance - o I Nd L, FINDINGS Justice Research Consultants found that the Anna Police Department is in full statutory compliance with CCP 2.132-2.134 regarding all policies, data collection/analysis, training, reporting, and public education on the complaint filing process TRAFFIC STOP DATA AND DEMOGRAPHICS e00\0 kL -\00\0 \° ojlojgl 2fob2 eq'8,4\o T8'5d0\0 T� ■ \0 V68lou bobnj9j!ou 142'00\0 Te'o e S� ■ \o ConufA bobnl9i!ou 22'00\0 T0'300\0 T-1 ■ \o C!�A bobnl9fiou e3'30\° T3'-\Oo\0 T-1 MP!f6 BI gcK H! 00\0 T 00\0 RACIAL PROFILING REPORT • The full report is attached to this agenda item • Findings will be shared with the Diversity & Inclusion Board and Law Enforcement Sub- committee • A link to the report will be made available on the police department's website • Statistical data will be forwarded to TCOLE as is required by law ANNA POLICE DEPARTMENT 2020 RACIAL PROFILING ANALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. Justice Research Consultants, LLC Executive Summary Article 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) requires the annual reporting to the local governing body of data collected on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of those stops, in addition to data collection and reporting requirements. Article 2.134 of the CCP directs that “a comparative analysis of the information compiled under 2.133” be conducted, with specific attention to the below areas: 1. evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; 2. examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; 3. evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and 4. information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. The analysis of material and data from the Anna Police Department revealed the following: • A COMPREHENSIVE REVIEW OF THE ANNA POLICE DEPARTMENT REGULATIONS, SPECIFICALLY POLICY 401 OUTLINING THE DEPARTMENT’S POLICY CONCERNING BIAS- BASED PROFILING, AND POLICY 1010 ON PERSONNEL COMPLAINTS, SHOWS THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. • A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. • A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. • ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. • THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCOLE. • THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW REGARDING CCP ARTICLES 2.132-2.134. Introduction This report details an analysis of the Anna Police Department’s policies, training, and statistical information on racial profiling for the year 2020. This report has been prepared to specifically comply with Article 2.132, 2.133, and 2.134 of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of traffic stop data. Specifically, the analysis will address Articles 2.131 – 2.134 of the CCP and make a determination of the level of compliance with those articles by the Anna Police Department in 2020. The full copies of the applicable laws pertaining to this report are contained in Appendix A. This report is divided into six sections: (1) Anna Police Department’s policy on racial profiling; (2) Anna Police Department’s training and education on racial profiling; (3) Anna Police Department’s complaint process and public education on racial profiling; (4) analysis of Anna Police Department’s traffic stop data; (5) additional traffic stop data to be reported to TCOLE; and (6) Anna Police Department’s compliance with applicable laws on racial profiling. For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05). Anna Police Department Policy on Racial Profiling A review of Anna Police Department Policy 401 “Bias-Based Policing” and Policy 1010 “Personnel Complaints” revealed that the department has adopted policies to be in compliance with Article 2.132 of the Texas CCP (see Appendix B). There are seven specific requirements mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly covered in Policy 401 and Policy 1010. Anna Police Department regulations provide clear direction that any form of bias-based profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined in accordance with Policy 1010. The regulations also provide a very clear statement of the agency’s philosophy regarding equal treatment of all persons regardless of race or ethnicity. Appendix C lists the applicable statute and corresponding Anna Police Department regulation. A COMPREHENSIVE REVIEW OF ANNA POLICE DEPARTMENT POLICY 401 AND POLICY 1010 SHOWS THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Anna Police Department Training and Education on Racial Profiling Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and training certificates issued on racial profiling for all Texas Peace officers. Documentation provided by Anna Police Department reveals that all officers have received bias-based/racial profiling training. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. Anna Police Department Complaint Process and Public Education on Racial Profiling Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. Anna Police Department Policy 401, Section 401.8 “Compliments and Complaints”, satisfies this requirement. In addition, Anna Police Department has information regarding how to file a complaint on their website (https://www.annatxpolice.org/commendations-complaints). A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. Anna Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 and Article 2.133 requires that law enforcement agencies collect statistical information on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of those stops, in addition to other information noted previously. Anna Police Department submitted statistical information on all motor vehicle stops in 2020 and accompanying information on the race/ethnicity of the person stopped. Accompanying this data was the relevant information required to be collected and reported by law. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. Analysis of the Data Comparative Analysis #1: Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities. Texas Code of Criminal Procedure Article 2.134(c)(1)(A) The first chart depicts the percentages of people stopped by race/ethnicity among the total 2,824 motor vehicle stops in which a ticket, citation, or warning was issued, including arrests made, in 2020.1 1 There were 20 motor vehicle stops of drivers considered Alaska Native/American Indian. These motor vehicle stops were not charted in the first figure of this report due to the small number of cases relative to the population and the total number of motor vehicle stops among all drivers (2,824). White drivers constituted 64.84 percent of all drivers stopped, whereas Whites constitute 63.30 percent of the city population, 55.00 percent of the county population, and 45.00 percent of the region population.2 Black drivers constituted 18.24 percent of all drivers stopped, whereas Blacks constitute 13.70 percent of the city population, 10.30 percent of the county population, and 16.00 percent of the region population. Hispanic drivers constituted 14.20 percent of all drivers stopped, whereas Hispanics constitute 15.80 percent of the city population, 15.50 percent of the county population, and 29.00 percent of the region population. Asian drivers constituted 2.02 percent of all drivers stopped, whereas Asians constitute 6.00 percent of the city population, 16.20 percent of the county population, and 7.00 percent of the region population. The chart shows that White drivers are stopped at rates higher than the percentage of Whites found in the city, county, and regional population. Black drivers are stopped at rates higher than the percentage of Blacks found in the city, county, and regional population. Hispanic drivers are stopped at rates lower than the percentage of Hispanics found in the city, county, and regional population. Asian drivers are stopped at rates lower than the percentage of Asians found in the city, county, and regional population. 2 City and County populations were derived from 2019 American Community Survey (ACS) estimates of the U.S. Census Bureau. Regional population figures were also derived from 2019 ACS estimates. Region is defined as the 16 county Dallas-Ft. Worth Area including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise. Methodological Issues Upon examination of the data, it is important to note that differences in overall stop rates of a particular racial or ethnic group, compared to that racial or ethnic group’s proportion of the population, cannot be used to make determinations that officers have or have not racially profiled any given individual motorist. Claims asserting racial profiling of an individual motorist from the aggregate data utilized in this report are erroneous. For example, concluding that a particular driver of a specific race/ethnicity was racially profiled simply because members of that particular racial/ethnic group as a whole were stopped at a higher rate than their proportion of the population—are as erroneous as claims that a particular driver of a specific race/ethnicity could NOT have been racially profiled simply because the percentage of stops among members of a particular racial/ethnic group as a whole were stopped at a lower frequency than that group’s proportion of the particular population base (e.g., city or county population). In short, aggregate data as required by law and presented in this report cannot be used to prove or disprove that a member of a particular racial/ethnic group was racially profiled. Next, we discuss the reasons why using aggregate data—as currently required by the state racial profiling law—are inappropriate to use in making claims that any individual motorist was racially profiled. Issue #1: Using Group-Level Data to Explain Individual Officer Decisions The law dictates that police agencies compile aggregate-level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are “racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate stop data. In short, one cannot prove that an individual officer has racially profiled any individual motorist based on the rate at which a department stops any given group of motorists. In sum, aggregate level data cannot be used to assess individual officer decisions, but the state racial profiling law requires this assessment. Issue #2: Problems Associated with Population Base-Rates There has been considerable debate as to what the most appropriate population “base-rate” is in determining whether or not racial/ethnic disparities exist. The base-rate serves as the benchmark for comparison purposes. The outcome of analyses designed to determine whether or not disparities exist is dependent on which base-rate is used. While this report utilized the most recent 2019 ACS estimates as a population base-rate, this population measure can become quickly outdated and may not keep pace with changes experienced in city and county and regional population measures. In addition, the validity of the benchmark base-rate becomes even more problematic if analyses fail to distinguish between residents and non-residents who are stopped. This is because the existence of significant proportions of non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made exclusively to resident population figures. In sum, a valid measure of the driving population does not exist. As a proxy, census data is used which is problematic as an indicator of the driving population. In addition, stopped motorists who are not residents of the city, county, or region where the motor vehicle stop occurred are not included in the benchmark base-rate. In short, the methodological problems outlined above point to the limited utility of using aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in order to determine whether or not racial profiling exists within a given jurisdiction. Table 1 reports the summaries for the total number of motor vehicle stops in which a ticket, citation, or warning was issued, and to arrests made as a result of those stops, by the Anna Police Department in 2020. Table 1 and associated analyses are utilized to satisfy the comparative analyses as required by Texas law, and in specific, Article 2.134 of the CCP. Comparative Analysis #2: Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction. Texas Code of Criminal Procedure Article 2.134(c)(1)(B) Table 1: Traffic Stops and Outcomes by Race/Ethnicity Stop Outcomes by Race/Ethnicity White Black Hispanic /Latino Asian /Pacific Islander Alaska Native /American Indian Total Number of Stops 1,831 515 401 57 20 2,824 Result of Stop Verbal Warning 0 0 0 0 0 0 Written Warning 1,340 362 190 36 16 1,944 Citation 475 150 204 21 4 854 Written Warning and Arrest 3 1 2 0 0 6 Citation and Arrest 13 2 5 0 0 20 Arrest 0 0 0 0 0 0 Search Conducted Yes 44 19 8 1 0 72 No 1,787 496 393 56 20 2,752 As shown in Table 1, there were a total of 2,824 motor vehicle stops in 2020 in which a ticket, citation, or warning was issued. The table also shows arrests made as a result of those stops. Roughly 69 percent of stops resulted in a written warning and roughly 30 percent resulted in a citation. These actions accounted for roughly 99 percent of all stop actions and will be the focus of the below discussion. Specific to written warnings, White motorists received a written warning in roughly 73 percent of stops involving White motorists (1,340/1,831), Black motorists received a written warning in roughly 70 percent of stops of Black motorists, Hispanic motorists received a written warning in roughly 47 percent of stops of Hispanic motorists, and Asian motorists received a written warning in roughly 63 percent of stops of Asian motorists. White motorists received a citation in roughly 26 percent of stops involving White motorists (475/1,831), Black motorists received a citation in roughly 29 percent of stops of Black motorists, Hispanic motorists received a citation in roughly 51 percent of stops of Hispanic motorists, and Asian motorists received a citation in roughly 37 percent of stops of Asian motorists. Finally, arrests were rare in 2020. Of the 2,824 total stops, only 26 arrests [written warning and arrest (6) and citation and arrest (20)] were made in 2020. Comparative Analysis #3: Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. Texas Code of Criminal Procedure Article 2.134(c)(1)(C) In 2020, a total of 72 searches of motorists were conducted, or roughly 3 percent of all stops resulted in a search. Among searches within each racial/ethnic group, White motorists were searched in roughly 2 percent of all stops of White motorists (44/1,831), Black motorists were searched in roughly 4 percent of all stops of Black motorists, Hispanic motorists were searched in roughly 2 percent of all stops of Hispanic motorists, and Asian motorists were searched in less than 2 percent of all stops of Asian motorists. Regarding searches, it should be further noted that only 8 searches (see Table 3) were based on consent, which are regarded as discretionary as opposed to non-discretionary searches. Relative to the total number of stops (2,824), discretionary consent searches occurred in 0.28 percent of stops. Of the searches that occurred in 2020, and as shown in Table 3, contraband was discovered in 58 or roughly 81 percent of all searches (58/72 total searches). Comparative Analysis #4: Information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. Texas Code of Criminal Procedure Article 2.134(c)(2) In 2020, internal records indicate that the Anna Police Department received no complaints alleging that a peace officer employed by the agency engaged in racial profiling. Additional Analysis: Statistical analysis of motor vehicle stops relative to the gender population of the agency’s reporting area. This analysis is presented in the report based on a December 2020 email sent from TCOLE to law enforcement executives in Texas. In 2020, 2,824 motor vehicle stops were made by the Anna Police Department. Of these stops, 1,104 or roughly 39 percent were female motorists (1,104/2,824), and roughly 61 percent were male motorists (see Table 4 below). According to 2019 American Community Survey (ACS) city and county population estimates of the U.S. Census Bureau, the City of Anna was composed of 52.3 percent females and 47.7 percent males. County population 2019 ACS estimates indicate that females accounted for 50.7 percent of the county population and males accounted for 49.3 percent of the county population. Overall, in 2020, males were stopped at rates higher than their proportion of the city and county populations. Additional Information Required to be Reported to TCOLE Tables 2-4 provide additional information relative to motor vehicle stops in 2020 by the Anna Police Department. The data are required to be collected by the Anna Police Department under the Texas Code of Criminal Procedure Article 2.133.3 3 Note in Table 3 that the number of searches in which contraband was found equals 58, but the Description of Contraband field indicates 64 items of contraband found. This occurs because more than one form of contraband can be found in a single search. Table 2: Data on Traffic Stops and Arrests Stop Table Frequency Number of Stops 2,824 Reason for Stop Violation of Law 118 Preexisting Knowledge 32 Moving Traffic Violation 1,846 Vehicle Traffic Violation 828 Result of Stop Verbal Warning 0 Written Warning 1,944 Citation 854 Written Warning and Arrest 6 Citation and Arrest 20 Arrest 0 Arrest Based On Violation of Penal Code 22 Violation of Traffic Law 1 Violation of City Ordinance 0 Outstanding Warrant 3 Table 3: Data on Searches Pursuant to Traffic Stops Search Table Frequency Search Conducted Yes 72 No 2,752 Reason for Search Consent 8 Contraband in Plain View 2 Probable Cause 54 Inventory 3 Incident to Arrest 5 Was Contraband Discovered Yes 58 No 14 Description of Contraband Drugs 47 Currency 0 Weapons 1 Alcohol 8 Stolen Property 2 Other 6 Table 4: Additional Data on Traffic Stops Additional Information Frequency Gender Female 1,104 Male 1,720 Race/Ethnicity Known Prior to Stop Yes 39 No 2,785 Was Physical Force Resulting in Bodily Injury Used During Stop Yes 0 No 2,824 Approximate Location of Stop City Street 1,577 US Highway 812 County Road 73 State Highway 315 Private Property/Other 47 Analysis of Racial Profiling Compliance by Anna Police Department The foregoing analysis shows that the Anna Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection and reporting of data in compliance with the law. In addition to providing summary reports and analysis of the data collected by the Anna Police Department in 2020, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the Anna Police Department as well as police agencies across Texas. Appendix A: Racial Profiling Statutes and Laws Texas Racial Profling Statutes Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement- initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01, eff. September 1, 2017. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017. Appendix B: Agency Policy Policy 401 Anna Police Department Policy Manual Copyright Lexipol, LLC 2020/12/14, All Rights Reserved. Published with permission by Anna Police Department Bias-Based Policing - 1 Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Anna Police Department's commitment to policing that is fair and objective. Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department’s relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach and partnerships). 401.1.1 DEFINITIONS Definitions related to this policy include: Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Tex. Code of Crim. Pro. art. 3.05). 401.2 POLICY The Anna Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 401.3 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person to a specific incident. 401.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any bias-based actions by another member. 401.4.1 REASON FOR CONTACT Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual. Anna Police Department Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2020/12/14, All Rights Reserved. Published with permission by Anna Police Department Bias-Based Policing - 2 To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable. Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 401.4.2 REPORTING TRAFFIC STOPS The Field Operations Lieutenant should ensure that the Department has appropriate systems in place to collect information required by state racial profiling laws (Tex. Code of Crim. Pro. art. 2.132 (Tier One); Tex. Code of Crim. Pro. art. 2.133 (Tier Two)). Each time an officer makes a traffic stop, the officer shall gather the required information using the system in place for racial profiling reporting. 401.5 SUPERVISOR RESPONSIBILITIES Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy. (a)Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. 1.Supervisors should document these discussions, in the prescribed manner. (b)Supervisors should periodically review Mobile Audio/Video (MAV) recordings, portable audio/video recordings, Mobile Digital Computer (MDC) data and any other available resource used to document contact between officers and the public to ensure compliance with this policy. 1.Supervisors should document these periodic reviews. 2.Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing. 401.6 STATE REPORTING The Chief of Police shall annually submit a report of the information required in Tex. Code of Crim. Pro. art. 2.132 to the Texas Commission on Law Enforcement (TCOLE) and to each governing body served by the Department. The Chief of Police shall also provide to TCOLE and each governing body served by the Department a report containing an analysis of the information required by Tex. Code of Crim. Anna Police Department Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2020/12/14, All Rights Reserved. Published with permission by Anna Police Department Bias-Based Policing - 3 Pro. art. 2.133. The report must be submitted by March 1 of each year (Tex. Code of Crim. Pro. art. 2.134). The reports may not include identifying information about any officer who made the traffic stop or about any individual who was stopped or arrested (Tex. Code of Crim. Pro. art. 2.132; Tex. Code of Crim. Pro. art. 2.134). 401.7 ADMINISTRATION The Chief of Police or designee should review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints. The annual report should not contain any identifying information about any specific complaint, member of the public, or officer. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service (Tex. Code of Crim. Pro. art. 2.132). Supervisors should review the report submitted to TCOLE and the governing body and the annual report and discuss the results with those they are assigned to supervise. 401.8 COMPLIMENTS AND COMPLAINTS The Chief of Police or designee is responsible for educating the public on the Department’s compliment and complaint process (see the Personnel Complaints Policy). This education may be achieved by information provided through the Department website. This information shall include the telephone number, mailing address, and e-mail address to make a compliment or complaint regarding a ticket, citation, or warning issued by an officer. In the event that an investigation is initiated against an officer for a violation of this policy, the Chief of Police or designee should ensure that a copy of any related recording is provided as soon as practicable to the officer upon written request (Tex. Code of Crim. Pro. art. 2.132). 401.9 TRAINING Training on fair and objective policing and review of this policy should be conducted as directed by the Training Sergeant. Policy 1010 Anna Police Department Policy Manual Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 1 Personnel Complaints 1010.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Anna Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1010.2 POLICY The Anna Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law and municipal and county rules and the requirements of any collective bargaining agreements or memorandum of understanding. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation. 1010.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1010.3.1 COMPLAINT CLASSIFICATIONS Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the Patrol Lieutenant is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member. Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the Professional Standards Unit, depending on the seriousness and complexity of the investigation. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Professional Standards Unit, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 2 1010.3.2 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a)Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. (b)Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. (c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d)Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (e)Tort claims and lawsuits may generate a personnel complaint. 1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1010.4.1 COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities. Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable. See attachment: External Complaint Form.pdf 1010.4.2 ACCEPTANCE All complaints will be courteously accepted by any department member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate. Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs or physical evidence may be obtained as necessary. 1010.4.3 ACCEPTANCE OF COMPLAINTS AGAINST PEACE OFFICER Complaints against an officer must be in writing and signed by the person making the complaint (Tex. Gov’t Code § 614.022). Nothing in this section is intended to preclude a supervisor from serving as the complainant to satisfy the requirements of Tex. Gov’t Code § 614.022 if the original complainant does not want to appear in person and/or reduce the complaint to writing. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 3 1010.5 DOCUMENTATION Supervisors shall ensure that all formal and informal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints and inquiries should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee. 1010.5.1 COPY OF COMPLAINT TO PEACE OFFICER If the complaint is against an officer, the receiving supervisor shall ensure that a copy of the signed complaint form is given to the officer within a reasonable time after it is filed (Tex. Gov't Code § 614.023). 1010.6 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows. 1010.6.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include, but are not limited to: (a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1.The original complaint form will be directed to the Patrol Lieutenant of the accused member, via the chain of command, who will take appropriate action and/or determine who will have responsibility for the investigation. 2.In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Lieutenant or the Chief of Police, who will initiate appropriate action. (b)Responding to all complaints in a courteous and professional manner. (c)Resolving those personnel complaints that can be resolved immediately. 1.Follow-up contact with the complainant shall be made within 24 hours of the Department receiving the complaint. 2.If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Patrol Lieutenant. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 4 (d)Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Patrol Lieutenant and Chief of Police are notified via the chain of command as soon as practicable. (e)Promptly contacting the Human Resources Department and the Patrol Lieutenant for direction regarding the supervisor's role in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f)Forwarding unresolved personnel complaints to the Patrol Lieutenant, who will determine whether to contact the complainant or assign the complaint for investigation. (g)Informing the complainant of the investigator’s name and the complaint number within three days after assignment. (h)Investigating a complaint as follows: 1.Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses. 2.When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i)Ensuring that the procedural rights of the accused member are followed. (j)Ensuring interviews of the complainant are generally conducted during reasonable hours. 1010.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or a member of the Professional Standards Unit, the following applies to employees: (a)Interviews of an accused employee shall be conducted during reasonable hours and preferably when the employee is on-duty. If the employee is off-duty, he/she shall be compensated. (b)Unless waived by the employee, interviews of an accused employee shall be at the Anna Police Department or other reasonable and appropriate place. (c)No more than two interviewers should ask questions of an accused employee. (d)Prior to any interview, an employee should be informed of the nature of the investigation. (e)All interviews should be for a reasonable period and the employee's personal needs should be accommodated. (f)No employee should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. (g)Any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 5 1.An employee should be given an order to answer questions in an administrative investigation that might incriminate the employee in a criminal matter only after the employee has been given a Garrity advisement. Administrative investigators should consider the impact that compelling a statement from the employee may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications). 2.No information or evidence administratively coerced from an employee may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. (h)The interviewer should record all interviews of employees and witnesses. The employee may also record the interview. If the employee has been previously interviewed, a copy of that recorded interview should be provided to the employee prior to any subsequent interview. (i)All employees subjected to interviews that could result in discipline have the right to have an uninvolved representative present during the interview. However, in order to maintain the integrity of each individual’s statement, involved employees shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (j)All employees shall provide complete and truthful responses to questions posed during interviews. (k)No employee may be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation. 1010.6.3 ADMINISTRATIVE INVESTIGATION FORMAT Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format: Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint. Synopsis - Provide a brief summary of the facts giving rise to the investigation. Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 6 Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1010.6.4 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1010.6.5 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation. 1010.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS The member conducting the investigation should provide the complainant with periodic updates on the status of the investigation, as appropriate. 1010.7 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. 1010.8 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a)May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 7 (b)Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c)May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1010.9 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. The Anna Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1010.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include their comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1010.10.1 LIEUTENANT RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Lieutenant of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials. The Lieutenant may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Lieutenant may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Lieutenant shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 8 1010.10.2 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Lieutenant for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a written notice and the following: (a)Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b)An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1.Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. 2.If the member elects to respond orally, the presentation shall be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response, or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 1010.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The Chief of Police or the authorized designee should ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint. 1010.11 PRE-DISCIPLINE EMPLOYEE RESPONSE The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following: (a)The response is not intended to be an adversarial or formal hearing. (b)Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c)The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. Anna Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 9 (d)In the event that the Chief of Police elects to conduct further investigation, the employee shall be provided with the results prior to the imposition of any discipline. (e)The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. 1010.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1010.13 POST-DISCIPLINE APPEAL RIGHTS Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal using the procedures established by any collective bargaining agreement, memorandum of understanding and/or personnel rules. 1010.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will and probationary employees and members other than non-probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and without notice or cause at any time. These individuals are not entitled to any rights under this policy. However, any of these individuals released for misconduct should be afforded an opportunity solely to clear their names through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. In cases where an individual has been absent for more than a week or when additional time to review the individual is considered to be appropriate, the probationary period may be extended at the discretion of the Chief of Police. 1010.15 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. Policy Manual Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***Attachments - 10 Attachments Attachment Policy Manual Copyright Lexipol, LLC 2020/06/24, All Rights Reserved. Published with permission by Anna Police Department ***DRAFT***External Complaint Form.pdf - 11 External Complaint Form.pdf External Complaint Form.pdf Clearly and chronologically state what happened, ensuring that you articulate the conduct, facts, and evidence in support of your allegation(s). Please sign all pages that bear your statement and initial all corrections. Please include any available witness information including addresses and phone numbers. Filing a false complaint against a police employee is a violation of the Texas Penal Code, Section 37.02. If a person knowingly and intentionally makes a false statement under oath, or swears to the truth of a false statement previously made under oath, a person may be found guilty and punished by a fine up to $4,000, confinement in jail up to one year, or by both fine and imprisonment. I have read each page of this statement consisting of ___ page(s). Corrections, if any bear my initials. I certify the facts contained herein are true and correct. Date: Signature: Date: Report/Incident # Last Name: First Name: MI: Contact Information Address: City: State: Zip: Email: Phone # DOB: Anna Police Department Complaint Form - External Incident Information DL# Time: Citation # Location: Employee(s) Information Name: Badge/ID # Statement Revised: 01/2019 Texas law requires that all complaints against police officers be in writing and signed by the person making the complaint. To initiate a complaint against any Anna Police Department employee, please complete this form and submit it in person or by mail to: Professional Standards Unit, 101 S. Powell Parkway, Anna, Texas 75409. Please contact the Professional Standards Unit for assistance at (972) 924-2848. Page 1 of 2 Committed Act Witness Committed Act Witness Committed Act Witness Committed Act Witness Committed Act Witness Badge/ID # Badge/ID # Badge/ID # Badge/ID # Name: Name: Name: Name: Please sign and date each page that bears your statement and initial all corrections. Filing a false complaint against a police employee is a violation of the Texas Penal Code, Section 37.02. If a person knowingly and intentionally makes a false statement under oath, or swears to the truth of a false statement previously made under oath, a person may be found guilty and punished by a fine up to $4,000, confinement in jail up to one year, or by both fine and imprisonment. I have read each page of this statement consisting of ___ page(s). Corrections, if any bear my initials. I certify the facts contained herein are true and correct. Date: Signature: Statement Continuation Page 2 of 2 Appendix C: Racial Profiling Laws and Corresponding Standard Operating Procedures Texas CCP Article ANNA POLICE DEPARTMENT Policy 401 (Bias-Based Policing) and Policy 1010 (Personnel Complaints) 2.132(b)1 Definitions (Policy 401.1.1) 2.132(b)2 Bias-Based Policing Prohibited (Policy 401.3) 2.132(b)3 Compliments and Complaints (Policy 401.8) and Policy 1010 2.132(b)4 Compliments and Complaints (Policy 401.8) and Departmental Website 2.132(b)5 Compliments and Complaints (Policy 401.8) and Policy 1010 2.132(b)6 Reporting Traffic Stops (Policy 401.4.2) 2.132(b)7 State Reporting (Policy 401.6) THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Review minutes of the January 7, 2021 Joint Community Development Corporation Board and Economic Development Corporation Board Meeting. (Director of Economic Development Joey Grisham) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. January 7, 2021 CDC EDC Joint Meeting Minutes - signed APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 2/18/2021 Jim Proce, City Manager Final Approval - 2/19/2021 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Ariria manna �*CDC""* � I)C Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, January 7, 2021 at 6.00 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular meeting at 6:00 p.m. on Thursday, January 7, 2021. Some members of Anna Community Development Corporation and the Economic Development Corporation participated in this meeting remotely in compliance with the Texas Open Meetings Act as suspended or modified under the pending Declaration of Disaster and associated executive orders and proclamations of the Governor of Texas. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: https:l/www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Doris Pierce, Stan Carver, Michelle Hawkins, Rocio Gonzalez, and Bruce Norwood CDC and EDC Board Members Participating Remotely: Shane Williams CDC and EDC Board Members Absent: None Others Present: Councilmember Lee Miller, Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager) Others Participating Remotely: Kevin Johnson (IT Manager) 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:01 p.m. 2. Invocation and Pledge. Invocation was given by Stan Carver. Pledge of Allegiance was led by Stan Carver. 3. Citizen Comments. Gina Maria Ottavio is attending meetings to represent the Diversity and Inclusion Advisory Commission as a liaison. 4. Consider/Discuss/Act on approving minutes from the December 3, 2020 CDC Special Called Meeting. (CDC) Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 5. ConsiderlDiscuss/Act on approving minutes from the December 3, 2020 EDC Special Called Meeting. (EDC) Bruce Norwood made a motion to approve the minutes on behalf of the CDC and EDC for the December Joint CDC and EDC Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 6. ConsiderlDiscusslAct on approving CDC logo and tagline. (CDC) Joey Grisham reminded the Board that staff has been working with Cooksey Communications on a marketing plan as well as updating the CDC logo and creating a tagline. For copyright and other legal purposes, he recommended that the Board approve the logo and tagline. The "Groundbreaking Possibilities" tagline was selected for both the CDC and EDC. Stan Carver made a motion on behalf of the CDC to approve a resolution adopting a logo set with blue color scheme and "Groundbreaking Possibilities" text. Anthony Richardson seconded the motion. All were in favor. Motion passed. 7. Consider/Discuss/Acton approving EDC logo and tagline. (EDC) Joey Grisham explained the EDC logo has two color options — green and blue — to choose based on the publication or use of the logo. The EDC logo is used more often in advertisements and Economic Development Department work because it is recognized more than the CDC. Stan Carver would like to see the logo adapted and customized for the use, including other departments and Chamber of Commerce Doris Pierce made a motion on behalf of the EDC to approve a resolution adopting a logo set with blue color scheme and "Groundbreaking Possibilities" text. Bruce Norwood seconded the motion. All were in favor. Motion passed. 8. Consider/Discuss/Act on approving a resolution authorizing an agreement and expenditure of funds to provide commercial real estate listing data. (CDC) Joey Grisham explained that the company providing real estate listing data, Real Massive, went out of business. After doing research on other options, staff recommends a contract with REsimplifi out of South Carolina. Anthony Richardson made a motion on behalf of the CDC to adopt a resolution approving a contract with REsimplifi not to exceed $4, 800, subject to legal approval of final form. Shane Williams seconded the motion. All were in favor. Motion passed. 10. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park, B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease Agreement and promotional contract. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. Anthony Richardson made a motion to enter closed session. Doris Pierce seconded the motion. All were in favor. Motion passed. The CDC moved into closed session of 6.50 p.m. 11. Reconvene into open session and take any action on closed session items. Rocio Gonzalez made a motion to reconvene into open session. Anthony Richardson seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:17 p.m. 12. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, - information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended oris scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Joey Grisham announced that Stan Carver was elected to the City Council, The City Council will appoint a new member to the CDC and EDC Boards in late January. Tuesday evening will be the joint meeting for the Comprehensive Plan at Rattan Elementary. The Chamber of Commerce is resuming their in -person meetings in the mornings at the West Crossing amenity center. 13. Adjourn. Stan Carver made a motion to adjourn the meeting at 7:20 pm. Shane Williams seconded the motion. All were in favor. Motion passed. APPROVED: Anthony Richardson President of CDCIEDC ATTESTED: T Rocio Gonzalez Secretary of CDCIEDC THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Alan Guard Approve a Resolution approving a one-year extension of the primary depository bank services contract with Independent Bank. (Finance Director Alan Guard) SUMMARY: Approve a Resolution approving a one-year extension of the primary depository bank services contract with Independent Bank. In 2018, the City of Anna solicited Requests for Proposals for primary depository banking services in accordance with Chapter 105 (the "Depositories for Municipal Funds" Act) of the Texas Local Government Code. The City Council approved Resolution 2018-03-421 on March 27, 2018 awarding the contract to Independent Bank. The contract was for an initial period of two years. It also allows for three one-year extensions of the agreement. Staff has been satisfied with the services provided by Independent Bank and recommends the City exercise the second of the three possible extensions. FINANCIAL IMPACT: NA STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing, Professional City. STAFF RECOMMENDATION: Approve the Resolution approving the one-year extension. ATTACHMENTS: 1. Anna Council Resolution for Bank Award 2021 02 23 2. Extension Letter with Independent Bank 3. Res 2018-03-421 Primary Depository Services Contract to Independent Bank APPROVALS: Alan Guard, Created/Initiated - 2/18/2021 Jim Proce, City Manager Final Approval - 2/19/2021 CITY OF ANNA, TEXAS RESOLUTION NO. 2021- - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A ONE-YEAR EXTENSION OF THE PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO INDEPENDENT BANK. WHEREAS, the State of Texas Local Government Codes: Chapter 105 Municipal Depository Act; Chapter 176 Conflict of Interest Act; Chapter 2256 Public Funds Investment Act; and Chapter 2257 Public Funds Collateral Act established the process for selecting a depository bank; and, WHEREAS, resolution 2013-02-06 of the City of Anna (City) authorized applications to be received from financial institutions located outside the City; and, WHEREAS, the City Council approved resolution 2018-03-421 awarding a contract for primary depository bank services with Independent Bank; and, WHEREAS, the contract allows for three one-year extensions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Contract The City Council hereby approves a one-year extension, subject to approval as to form by the City Attorney, for Primary Depository Bank Services with Independent Bank. PASSED by the City Council of the City of Anna, Texas, on this 23th day of February, 2021. ATTEST: APPROVED: CARRIE L. LAND, CITY SECRETARY NATE PIKE, MAYOR City of Anna 111 North Powell Parkway Anna, TX 75409 972-924-3325 www.annatexas.aov February 19 2021 Mr. Johnny Bratcher Executive Vice President and Regional President IndependentFinancial P. O. Box 592 Farmersville, Texas 75442 RE: City of Anna, Texas -Depository Bank Services Contract Extension Dear Mr. Bratcher: THE CITY OF The expiration of the first of three (3) one-year terms of the Depository Bank Services Agreement is May 31, 2021. The City is opting to exercise the second of the three (3) one-year contract extension options provided for in the Agreement to extend the term through May 31, 2022 under the same terms and conditions. To confirm the Bank's acceptance of this contract extension, please complete the section below and return a copy of this letter to me. We have appreciated our business relationship with you and the Bank and look forward to the extended term. Should you have any questions or need additional information or explanation, please contact me at 972.924.3325I Sincerely, Alan Guard Finance Director INDEPENDENT FINA/N�CI�AL ACCEPTED BY: 2 DATE: 02/10/2021 PRINTED NAME: Noah Elrod TITLE: VP -Senior Public Fund Officer DEPOSITORY BANK SERVICES AGREEMENT THIS DEPOSITORY BANK SERVICES AGREEMENT hereinafter called the "Agreement", is made and entered into on the date last herein written by and between the City of Anna, Texas, hereinafter called the "City", and Independent Bank a banking association, organized under the law of the United States and authorized by law to do banking business in the State of Texas, hereinafter called the "Bank", and provides as follows: 1. 1)esi-=nation of De ositorv. The City, through action of the City Council, on March 27, 2018, hereby designates Bank as a primary depository bank for the period beginning June 1, 2018, and con tiauisly through May 31, 2020, with the option for three (3) one-year extensions under the same terms and conditions. 2. (.{neral. All services rendered to City by Bank under this Agreement shall be performed in accordance with accepted commercial banking standards for public fiend organizations and under the overall direction and instructions of City pursuant to Bank's standard operations, policies, and procedures. 3. Scope of Sc ices. Bank agrees to provide those services as described in the City of Anna, Texas Request for Application for Depository Bank Services released on November 30, 2017 hereinafter referred to as the "RFA". The RFA and Bank's response to the RFA, hereinafter referred to as the "Application", are incorporated herein by reference. Bank acknowledges that all services performed by Bank are subject to the approval of City. 4. City Represeututives. During the term of this Agreement, City will, through appropriate action of its City Council, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of City in any and all matters of every kind arising under this Agreement and to (a) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfer on behalf of City in accordance with the electronic funds or funds transfer agreement and addenda, and (b) make withdrawals or transfer by written instrument. 5. Custodian. City and Bank, by execution of this Agreement, hereby designate Federal Home Loan Bank as custodian, hereinafter called "Custodian", to hold in trust, according to the terms and conditions of this Agreement, the collateral described and pledged by Bank in accordance with the provisions of this Agreement. 6. Custodian Fees. Any and all fees associated with Custodian's holding of collateral for the benefit of City will be paid by Bank and City will have no liability therefore. 7. Entire Agreement. The entire agreement between Bank and City shall consist of this Agreement, City's RFA (except to the extent Bank took specific exceptions in the Bank's Application), Bank's Application, the Custodial Agreement with Custodian, and other such bank service agreements, policies and documents as may be required and approved by the parties (together, the "Banking Agreements"), each incorporated by reference as they presently exist and each listed in governing order of precedency: in the event oFconllict among the documents.. This Agreement supersedes any and all prior representations, statements, and agreements, whether written or oral. Time terms and provisions of this Agreement may not iae amended, ullered, or waived except by mutual agreement evidenced by a written instrument signed by duly authorized representatives of both parties. 8. Collateraliration. All funds on deposit with Bank to the credit of City shall be secured by collateral as provided for in the Public Funds Investment Act (Chapter 2256 of the Texas Government Code as amended), the Public Funds Collateral Act (Chapter 2257 of the Texas Government Code), City's Investment Policy, and Bank's Application. If marketable securities are pledged, the total market value of the securities securing such deposits will be in an amount at least equal to the minimum required amount as per City's Investment Policy. The market value of any pledged securities (collateral) will be obtained from non -Bank -affiliated sources. Bank will monitor and maintain the required collateral margins and levels at all times. Bank has heretofore, or will immediately hereafter, deliver to Custodian collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of City deposited with Bank. Custodian will accept said collateral and hold the same in trust for the purposes herein stated. Said collateral or substitute collateral, as hereinafter provided for, shall be kept and retained by Custodian in trust so long as deposits of City remain with Bank. Bank hereby grants a security interest in such collateral to City. If at any time the collateral in the hands of Custodian shall have a market value in excess of the required balances, City may authorize the withdrawal of a specified amount of collateral, and Custodian shall deliver this amount of collateral (and no more) to Bank. If surety bonds or letters of credit are utilized, City shall agree as to the issuer and form of contract prior to the pledge. The amount of surety bonds or letters of credit will be at least equal to the minimum required amount as per City's Investment Policy. The termination or expiration of any surety bond or letter of credit shall be a minimum of two (2) business days after City anticipates withdrawing the secured deposit. 9. Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Whenever a reference is made herein to either party, such reference shall include the parry's successors and assigns.. 10. Compensation. �City and Bank agree that any compensation for the performance of all duties and services is set forth in the Application accepted by City. Except as may otherwise be provided in the Banking Agreements, said compensation shall constitute full payment for all services, liaison, products, materials, and equipment required to provide the professional banking services, including services, materials, training, equipment, travel, overhead, and expenses. Fees shall be fixed for the term of the Banking Agreements, including all extensions. 11. C:onsider aliou. The Banking Agreements are executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 12. Counterpart parr•ts. The Banking Agreements may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 13. Authority to Execute. The individuals executing the Banking Agreements on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing the Banking Agreements to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute the Banking Agreements in order for the same to be authorized and binding on the party for whom the individual is signing and that each individual affixing his or her signature hereto is authorized to do so. 14. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Collin County will be the venue for any lawsuit arising out of this Agreement. 2 15. Notices, Except as may otherwise be specified in the applicable service -level agreements and/or set-up forms, any demand, notice, request, instruction, designation, or other communication(s) required in writing under this Agreement shall be personally delivered or sent certified mail, return receipt requested, to the other party as follows: Bank: Mr. Johnny Bratcher, Executive Vice President Independent Bank 223 McKinney Street Farmersville, Texas 75442 City: Ms. Dana Thornhill, Finance Director City of Anna 111 North Powell Parkway Anna, Texas 75409 Changes to notice information may be made by either party with written notification to the other party. 16. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties, shall, if possible, agree on a legal, valid, and enforceable substitute provision that is as similar in effect to the illegal, invalid, or unenforceable provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall remain valid and in full force and effect for the term remaining. 17. Binding Contmitnient. Bank hereby acknowledges itself duly and firmly bound for the faithful performance of all the duties and obligations required by applicable law, including the Government Code and Local Government Code, such that all funds deposited with it as depository shall be faithfully kept by it and accounted for according to law. 18. Continuation. Unless this Agreement is terminated sooner, Bank's designation as the primary City Depository will remain continuously in effect through May 31, 2020 subject to execution of the extension options if applicable. Executed by the undersigned duly authorized officers of the parties hereto: CITY OF ANNA, TEXAS By: Name: Title:Moir" — n.MsFl Pa_Arg _Date: BANK Date: ATTEST: ATTESTS By- By: !� � Name: ° �, � Name c� a 4 DIZ ,�r� r� Title: rt!LC1. _ Title: ��� 0 — \1 THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Ray Isom Approve a Resolution approving a Medical Director Services Agreement with Questcare Medical Services, PLLC in support of EMS services (Fire Chief Ray Isom). SUMMARY: Questcare Medical Services is the fire department's preferred medical control provider for ambulance transport purposes. This contract is a required step in the process of placing Anna Fire Department's new ambulance into service. A Medical Control physician must be in place before hospital transports can be conducted. This establishes the required services and also enables further EMS operations and expansion within the fire department. On 6/23/2020, the Anna City Council approved the purchase of a transport ambulance utilizing CARES ACT funding. Up -fitting and medical equipment costs for this vehicle required an additional $95,000 which was also approved by the City Council. These items included a patient stretcher, LifePak 15 resuscitation unit, communications equipment, Lucas CPR device, and other related EMS items. The fire department is currently working on licensing the ambulance with the State of Texas. The related billing agreement was approved at the previous Council meeting. This proposal is in alignment with the fire department's internal Strategic Plan and apparatus matrix which defines our services and needs through FY 2040. It will also move the department closer to its ultimate goal of fire -based EMS transport. FINANCIAL IMPACT: $24,000 for 12 months (3/1/2021 - 2/28/2022) STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Medical Control Resolution for EMS 2-2021 2. 126066- QMS Anna EMS Medical Direction Contract (Pearlman).docx APPROVALS: Clark McCoy, City Attorney Created/Initiated - 2/18/2021 Jim Proce, City Manager Final Approval - 2/19/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING A MEDICAL DIRECTOR SERVICES AGREEMENT WITH QUESTCARE MEDICAL SERVICES, PLLC IN SUPPORT OF EMS SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Fire Chief — in furtherance of the Fire Department's purpose of preserving and protecting the public health and safety of the City's residents — has, after extensive research, recommended that the City enter an agreement with Questcare Medical Services PLLC; and, WHEREAS, the City of Anna, Texas (the "City") approved the purchase of a transport ambulance at the meeting held on 6/23/2020; and, WHEREAS, the City's Financial Policy adopted on September 28, 2010 by Ordinance No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from competitive bidding a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City's Fire Chief has advised the Council and the Council has found and determined that the purchase of the ambulance to include all related equipment and necessary billing services is necessary and essential to preserve the public health or safety of the City's residents; and WHEREAS, the City Attorney has advised that based on these findings competitive bidding is not required for the purchase of firefighting equipment as it falls under the exemption in Section 252.022(a)(2) of the Texas Local Government Code; and WHEREAS, the purpose of Title 22, Chapter 197 of the Texas Administrative Code the ("Regulations") is to facilitate the most appropriate utilization of the skills of physicians who delegate health care tasks to qualified emergency medical services personnel and to enhance the ability of EMS systems to assure adequate medical direction of all advanced prehospital providers and many basic level providers, as well as compliance by personnel and facilities with minimum criteria to implement medical direction of prehospital services; and WHEREAS, the Regulations mandate that all emergency medical services providers that provide Advanced Life Support have an on-line or off-line physician medical director; and RESOLUTION NO. PAGE 1 OF 3 Medical Control Services Agreement WHEREAS, the Regulations mandate that the medical director shall be: (i) a physician licensed to practice in Texas and registered as an EMS Medical Director with the Texas Department of State Health Services; (ii) familiar with the design and operations of EMS systems; (iii) experienced in pre -hospital emergency care and emergency management of ill or injured patients; and (iv) actively involved in/or knowledgeable about: (a) the training and/or continuing education of EMS personnel, under the Medical Director's direct supervision, at their respective levels of certification; (b) the medical audit, review, and critique of the performance of EMS personnel under his or her direct supervision; (c) the administrative and legislative environments affecting regional and/or state pre -hospital EMS organizations; (d) local multi -casualty plans; (e) dispatch and communications operations of pre -hospital emergency units; and (f) laws and regulations affecting local, regional, and state EMS operations; and WHEREAS, EMS Service and Provider desire to enter into this Agreement, whereby Provider will provide EMS services with a physician licensed in the State of Texas and registered as an EMS Medical Director with the Texas Department of State Health Services (the "Medical Director" and an Associate Medical Director, both listed in Schedule I attached hereto, which may be amended from time to time); and WHEREAS, EMS Service and Provider have determined that it is in their mutual best interests to enter into this Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. The City Council hereby authorizes the City Manager to execute on its behalf, subject to legal review and approval by the City Attorney, a service agreement with Questcare Medical Services PLLC for the purpose of medical direction and control. RESOLUTION NO. PAGE 2 OF 3 Medical Control Services Agreement PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd day of February 2021. ATTEST: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike RESOLUTION NO. Medical Control Services Agreement PAGE 3OF3 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E MEDICAL DIRECTOR SERVICES AGREEMENT This Medical Director Services Agreement (this "Agreement") is entered into by and between Questcare Medical Services, PLLC (the "Provider"), a professional limited liability company organized and authorized to conduct business in the state of Texas and City of Anna, Texas ("EMS Service"). This Agreement is entered into and effective March 1St, 2021, the "Effective Date"). Provider and EMS Service are each a "Party" and collectively, are the "Parties." RECITALS: WHEREAS, the purpose of Title 22, Chapter 197 of the Texas Administrative Code the ("Regulations") is to facilitate the most appropriate utilization of the skills of physicians who delegate health care tasks to qualified emergency medical services personnel and to enhance the ability of EMS systems to assure adequate medical direction of all advanced prehospital providers and many basic level providers, as well as compliance by personnel and facilities with minimum criteria to implement medical direction of prehospital services; and WHEREAS, the Regulations mandate that all emergency medical services providers that provide Advanced Life Support have an on-line or off-line physician medical director; and WHEREAS, the Regulations mandate that the medical director shall be: (i) a physician licensed to practice in Texas and registered as an EMS Medical Director with the Texas Department of State Health Services; (ii) familiar with the design and operations of EMS systems; (iii) experienced in pre -hospital emergency care and emergency management of ill or injured patients; and (iv) actively involved in/or knowledgeable about: (a) the training and/or continuing education of EMS personnel, under the Medical Director's direct supervision, at their respective levels of certification; (b) the medical audit, review, and critique of the performance of EMS personnel under his or her direct supervision; (c) the administrative and legislative environments affecting regional and/or state pre -hospital EMS organizations; (d) local multi -casualty plans; (e) dispatch and communications operations of pre -hospital emergency units; and (f) laws and regulations affecting local, regional, and state EMS operations; and WHEREAS, EMS Service and Provider desire to enter into this Agreement, whereby Provider will provide EMS services with a physician licensed in the State of Texas and registered as an EMS Medical Director with the Texas Department of State Health Services (the "Medical Director" and an Associate Medical Director, both listed in Schedule I attached hereto, which may be amended from time to time); and Page 1 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E WHEREAS, EMS Service and Provider have determined that it is in their mutual best interests to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: SECTION I ENGAGEMENT; TERM OF AGREEMENT Section 1.01. EMS Service Engages Provider. EMS Service hereby agrees to engage Provider (and Provider consents so to be engaged) as its sole and exclusive provider of a Medical Director for the Medical Director services described in Section IV (the "Services") herein during the Term (as such term is hereinafter defined). Section 1.02. EMS Service Agrees to Pay Provider Compensation for Services as set out in Section III. In consideration for Provider's agreement to be engaged by EMS Service and in further consideration of the considerable time, expense and effort undertaken by Provider to provide the Services, EMS Service agrees to (a) pay Provider pursuant to the provisions of Section III, and (b) provide the minimum notices for termination as set forth in Section II. Section 1.03. Initial Term and Extensions. The Initial Term of this Agreement is for a period of twelve (12) months commencing March 1st, 2021 and expiring February 28th, 2022 provided either party may terminate this Agreement pursuant to Section II of this Agreement (the "Initial Term"). Upon completion of the Initial Term, this Agreement shall become renewable annually and in full force until the parties to this Agreement terminate the relationship via guidelines set forth in Section II of this Agreement. SECTION II TERMINATION Section 2.01. Termination without Cause. During the initial one hundred and twenty (120) days of the Initial Term, either party may, without cause, terminate this agreement with thirty (30) days advance written notice to the other party. Thereafter, this Agreement may be terminated by either party, without cause, upon sixty (60) days advance, written notice to the other party. Section 2.02. Termination with Cause. Either party may terminate this Agreement with cause if the other party is in "material default" under the terms and conditions of this Agreement and the default is not cured within fifteen (15) days of receipt of written notice specifying the material default. For purposes of this contract, a "material default" shall mean: (a) in the case of EMS Service, the failure to remit compensation to Provider as and when required under this Agreement; or, (b) in the case of Provider, the substantial failure of providing the Services as described pursuant to Section IV. Page 2 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E Section 2.03. Method and Delivery of Written Notice. All notices permitted or required under this Agreement shall be made by personal delivery or via U.S. certified mail, postage prepaid to the other party at their address set out on the signature page hereto (the Parties may change their respective address for delivery of notices under this Agreement by providing written notice of the change to the other Party in accordance with this paragraph). SECTION III COMPENSATION FOR SERVICES Section 3.01. EMS Service agrees to pay Provider an annual retainer of Twenty -Four Thousand Dollars ($24,000.00), payable in twelve (12) equal payments of Two Thousand Dollars ($2,000) on the first (1") day of each month in consideration for the Services, which the Parties estimate to require approximately 160 hours of service per year. If this Agreement is terminated for any reason, Provider shall only be entitled to a prorated portion of said retainer in proportion to the number of days during the then current 12-month term before such termination. SECTION IV MEDICAL DIRECTOR SERVICES Section 4.01. Services. The Medical Director (and Associate Medical Director in the event of Medical Director's absence) shall implement and provide the following Services: (a) establish and monitor compliance with EMS Service training guidelines which meet or exceed the minimum standards set forth in Texas Department of State Health Services EMS certification regulations; (b) provide quarterly continuing education programs and participate in paramedic shadowing programs; (c) continuously monitor EMS Service personnel's compliance with field performance guidelines through chart review, direct field observation, and participate in a monthly EMS Paramedic Advisory Committee meeting to include but not be limited to Continuous Quality Improvement, planning, and protocol evaluation. If such committee does not exist, assist in creating such a committee; (d) function as the primary liaison between the EMS Service administration and the local medical community, ascertaining and being responsive to the needs of each; (e) maintain all medical licensure and certifications in good order; Page 3 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E (f) review and approve the educational content of the EMS Service's curriculum for its employees to certify its ongoing appropriateness and medical accuracy, (g) review and approve of the quality of medical instruction, supervision, and evaluation of the EMS Service's employees, (h) commit to minimum of 8 hours of ride-alongs each month to evaluate the performance of field personnel review and approve of the progress of EMS Service's employees; (i) assist in the assurance of the competence of EMS Service's employees in the cognitive, psychomotor, and affective domains; (j) provide on-line direction that meets all the criteria outlined in the Texas Medical Board regulations governing EMS medical directors and be responsible for cooperative involvement with the EMS Service's director; (k) assist in implementing adequate controls to assure the quality of the delegated responsibilities; and (1) provide all other services required under applicable law or regulations. SECTION V APPOINTMENT OF MEDICAL DIRECTOR AND RELATIONSHIP OF THE PARTIES Section 5.01. Appointment of the Medical Director. The parties intend that an independent contractor relationship and not an employer/employee relationship be created by this agreement. The EMS Service is interested only in the results to be achieved and the control of the Services shall lie solely with Provider including without limitation the means, methods, sequences, procedures, and manner of provision of the Services. The Medical Director is not considered to be an agent or employee of the EMS Service for any purpose, but rather is an appointed official whose capacity as an appointed Medical Director may be revoked by the EMS Service at any time. By approval of this agreement, the EMS Service confirms the appointment of the Medical Director. The Parties understand that the Medical Director appointed may be changed at any time by mutual, advance agreement of the Parties. Section 5.02. Relationship of the Parties. It is understood that the Medical Director is in no way vicariously liable for the conduct of the EMS Service employees. It is also understood that the EMS Service is in no way vicariously liable for the conduct of the Medical Director. It is understood that Provider and Medical Director are free to contract for similar services to be formed for other services while under contract with the EMS Service. SECTION VI INSURANCE AND LIABILITY Page 4 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E Section 6.01. Insurance and Liability. Provider shall provide Medical Director malpractice insurance coverage applicable to the provision of Services under this Agreement of $1,000,000.00 per occurrence / $ 3,000,000.00 in the aggregate. Such insurance shall expressly cover the activities of the Medical Director in the role as Medical Director. SECTION VII MISCELLANEOUS Section 7.01. Amendment or Modification. This Agreement may be amended or modified from time to time only by written instrument signed by both Parties. Section 7.02. Section Headings. The headings in this Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. Section 7.03. Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement and the illegal or invalid provision shall be enforced to the maximum extent possible to still be legal and valid. Section 7.04. Governing Law and Venue. THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT -OF -LAWS RULE OR PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THIS OPERATING AGREEMENT TO THE LAW OF ANOTHER JURISDICTION. If any provision of this Agreement or the application thereof to any party or circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to other parties or circumstances is not affected thereby and that provision shall be enforced to the greatest extent permitted by law. EMS Service understands and agrees that Provider and/or Medical Director will be performing this contract in Anna, Texas. The venue for any disputes or causes of actions that may arise out of this Agreement is a court of competent jurisdiction in Collin County. Section 7.05. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if the Parties had all signed the same document. All counterparts shall be construed together and shall constitute one instrument. Section 7.06. Successors and Assigns. Each and every covenant, term, provision, and agreement herein contained shall be binding upon each of the Parties and their respective heirs, legal representatives, successors, and assigns and shall inure to the benefit of each of the Parties. Section 7.07. Construction, Sections, Exhibits, Etc. Whenever the context requires, the gender of all words used in this Agreement includes the masculine, feminine, and neuter. Each reference to a "Section" herein is, unless specifically indicated otherwise, a reference to a section of this Agreement. Each reference to a "Schedule" or "Exhibit" herein is, unless Page 5 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E specifically indicated otherwise, a reference to a schedule or exhibit attached hereto, all of which are made a part hereof for all purposes. Section 7.08. Entire Agreement. This Agreement sets forth the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior arrangements and understandings, if any, related hereto. Section 7.09. Confidentiality. The terms and conditions of this Agreement are confidential and neither Party shall release any of the terms hereof to any third party without the prior written consent of the other party, except to the extent necessary to comply with law, including public information requests, the valid order of a court of competent jurisdiction, or the valid order or requirement of a governmental agency. [Signature page follows] Page 6 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date: City of Anna, Texas By: Name: Title: Address: Questcare Medical Services, PLLC DocuSigned by: By: Nam . Mt4Bush Title: Attorney -in -Fact Address: Questcare Medical Services, PLLC 13737 Noel Road, Suite 1600 Dallas, TX 75240 With Copy to: c/o Legal Department Envision Physician Services 7700 W. Sunrise Blvd. Mailstop PL-6 Plantation, FL 33322 Page 7 of 8 486789.1 DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E Schedule I Medical Director Eric Pearlman, MD, will serve as Medical Director Adam Klaff, PAC will serve as the Associate Medical Director. Page 8 of 8 486789.1 THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Approve Resolution Determining Cost of Authorized Improvements with Preliminary SAP and Setting Levy and Assessment Hearing Date for Sherley Tract Public Improvement District. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: I_1»:Z6IT/II I &"s Clark McCoy, City Attorney Created/Initiated - 2/19/2021 Jim Proce, City Manager Final Approval - 2/19/2021 THE CITY OF Anna AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/23/2021 Staff Contact: Approve Resolution Setting Public Hearing to Create a TIRZ to encompass the Sherley Tract Public Improvement District PID property. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Clark McCoy, City Attorney Created/Initiated - 2/19/2021 Jim Proce, City Manager Final Approval - 2/19/2021