ORDER NO, 25674 INTERLOCAL AGUE DEPENDENCY AppROVAL OEALTH AND CHEMSCAL MENTAL H COMMIT~NTS DECEMBER 14. 7-998 VOL• V PAGES 878 and 879 OhiT)Ghi PIO. 'r?:5f•,'7~+ d•1!"'i:•'E"tC?~'AL. UE~~ II~)1'E:E' resides; (2) is found; or (3) is receiving treatment by court order or under Section 462.041 (Apprehension by a Peace Officer Without a Warrant); and ,- WHEREAS, both `~-- County and Kerr County have jurisdiction over such proceedings where the proposed patient is a resident of(jy`,~./~ County and is either found in Kerr County, is receiving court-ordered mental health services or treatment for chemical dependency, or is brought to the Kerrville State Hospital by a peace officer without a warrant under the provision of 462.041 or Subchapter A, Chapter 573 of the Texas Health and Safety Code; and WHEREAS, given the tqq~~ime constraints set out in the Code, and the difficulty and expens~~-h`r~transporting patients, witnesses, and attorneys to and fro __County for such hearings, it is impractical for ~ County to hold temporary an¢ ex~.ended WHEREAS, County finds that the most appropriate, commitment hearings within the geographical confines of County; and safe, and expeditious site for said hearings is the Kerrville State Hospital, in Kerrville, Kerr County, Texas, and desires that the hearings be held by the proper Kerr County judicial officer with jurisdiction over such matters within Kerr County; and WHEREAS, the public health, safety, and welfare of the citizens of both counties, as well as proposed patients, would be best served by entering into this Interlocal Cooperation Agreement pursuant to the authority granted by Chapter 791 of the Texas Government Code (the Interlocal Cooperation Act); NOW THEREFORE, be it resolved that ~~ County and Kerr County agree to enter into this Interlocal Cooperation Agreement, and the parties agree as follows: Section 1. TERM 2.1 This Agreement is to be effective on the date that it is approved by order of the commissioners court of each county, and is to end on September 30, 1999, unless renewed by mutual orders of the respective commissioners courts for subsequent one-year terms beginning on October 1st and ending on September 30th of~f Bal!ch contract period. a. To renew this Agreement O~~ shall forward a request to the County Clerk of Kerr County requesting a statement of proposed costs for the ext,budget year. If said statement of cost is acceptable, i~~~ shall forward a certified copy of the order renering this Agreement to the County Judge of Kerr County prior to August let of the budget year preceding the renewal period. b. Kerr shall either accept or decline the offer to renew by formal order of the commissioners court and shall forward a certified copy of said order to the County Judge of ~i County on or before September 1st of the budget year preceding the renewal period. 2.2 Either party may cancel this agreement for any reason by notifying the other in writing at least thirty (30) days prior to the effective date of the cancellation. All amounts due and owing to Kerr County pursuant to this agreement n he effective date of cancellation shall be paid by ~ ~~'+ County within sixty days of the receipt of any bill or the date of cancellation, whichever is later. Section 3. DEFINITIONS 3.1 "Resident" as that term is used herein shall have the same meaning as that term has been defined in the Indigent Health Care Act and as that term has been applied and construed by the Courts. Section 4. FUNDING REOUIREMEHTS 4.1 ___!~~'~'/v" County agrees that all funds due under the terms of this agreement shall be payable out of current revenues and that it shall set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. 4.2 Any order of the Commissioners Court of ~! County which renews this Agreement shall be deemed to be a certification that the obligation incur ed by the renewal shall be payable out of current revenues and that ~ it has or will, set aside a fund in an amount sufficient to satisfy any obligation created by this agreement. Section 5. DUTIES OF KERR COUNTY 5.1 Kerr County agrees that it will assume jurisdiction over all court-ordered mental health proceedings and chem cal dependency treatment matters which concern residents of County that are properly filed in or transferred to the Kerr County Court with jurisdiction. 5.2 Kerr County shall have no duty to accept jurisdiction or proceed with any court-ordered commitment or treatment proceeding where the terms of this contract have not been complied with, including non-payment. 5.3 It is understood and agreed that pursuant to 462.004 and 571.016 of the Texas Health and Safety Code, the County Attorney for Kerr County is the attorney for the State in any hearing covered by this agreement and therefore retains all of the independent discretionary authority given by the statutes and Constitution of the State of Texas. This agreement shall not be construed to limit that authority in any form or fashion and the decision of the County Attorney is final ae to whether the State will proceed in any action covered by this Agreement, including appeal, and as to the means and methods employed. Section 6. DUTIES OF COUNTY 6.01 ~ County agrees and warrants that it will follow all appropriate statutory procedures and shall implement such other procedures and training necessary to ensure that no violation of the constitutional rights of any proposed patient occurs, and that in see in the commitment of the proposed patient no person from County will be referred to the Kerrville State H ese the patient has been evaluated and examined by a licen physician; a certificate has been properly issued; the patien been warned of the non-confidentiality of the physician inter that all other necessary steps have been taken to assure that proposed patient's constitutional and statutory rights have b preserved. 6.02 Should any ~~~ County resident who was detai the authority of the emergency detention provis ons of Chapte the Code be found to be entitled to release, Co shall pay the coat of transporting that person to the locatio person's apprehension, the person's residence, or another sui location, as required by 573.024 of the Code. 6.03 County agrees to pay to Kerr County the costs associated with any hearing conducted by Kerr County Of as authorized under 462.005 (chemical dependency) and 571.018 health): For Chemical Dependency Cases: ospital sed t has view; and the een ned under r 573 of unty n of the table following ficials (mental a. court-appointed attorney fees; b. physician examination fees; c. compensation for language or sign interpreters; d. compensation for masters; e. expenses to transport a patient to a hearing or to a treatment facility For Mental Health Cases: a. attorneys fees; b. physician examination fees; c. reasonable compensation to court-appointed attorney, physicians, language interpreters, sign interpreters, and masters appointed under Subtitle C; d. expenses of transportation to a department mental health facility or to a federal agency; .> e. court ordered independent psychiatric evaluations and court approved expenses incurred in obtaining expert testimony, as authorized by 574.010 of the Code. For all Cases: All other court costs, set by law, and such other costs set by order of the Kerr County Commissioners Court under authority of lar. All coat authorized by laa for appeals to a Texas Court of appeals and to the Texas Supreme Court. All costa, including bonds, authorized or mandate by laa for any proceedings in Federal Court involving a _ County resident covered by this Agreement. 6.04 County agrees that it shall be responsible for obtain ng repayment for its costs incurred pursuant to this agreement fro tie patient and/or the patient's family or estate. County agrees further that failure on its part to recover such payments shall have no effect on it's liability to Kerr County for such costs. Section 7. PAYMENTS 7.01 11 bills for costa shall be submitted to the County Judge of ~ County, Texas, at the address below and all payments due under this agreement shall be paid to the County Clerk of Kerr County, Texas, 700 E. Main, Room 122, Kerrville, Texas, 78028. Section 8. MISCELLANEOUS 8.01 Any and all notices which may be required under the terms of the Agreement shall be mailed to the parties at the addresses indicated below, or at such address ae either party may furnish in writing to the other party her~„in named: '~ County Judge County, Texas V .~.i v~ ~~~n~~ Texas 'lLo ~ U Robert A. Denson, County Judge Kerr County, Texas Kerr County Courthouse 700 East Main Street Kerrville, TX 78028 8.02 This agreement contains the entire Agreement of the parties with respect to the matters covered by this Agreement. No other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. 8.03 The obligations and undertakings of each of the parties to this agreement shall be performable in Kerr County, Texas. .. Date • ~~~'~ 18 i~~ COUNTY JUDGE ~wf T~ (~ COUNTY APPROVED: C my Attorney Date: ert A.V D r County Date: //~9/9~ ~~ ATTEST: ~~ ~~~ COU TY CLERK APP " Dav o 1 Kerr Cfiunty Attorney Date: ~ /~yyyb.o./3/, 7~'9~ AT--~~--~f ~ Billie G. Meeker Kerr County Clerk This Agreement vas adopted by the Commissioners Court of Kerr County, Kerrville, Texas, by Order Humber 25674 on the 14th day of DECEMBER 1998 , and by the Commissioners' Court of County, Texas, on the day of . 19