ORDER NO. 31234
MEMORAUNDUM OF UNDERSTANDING WITH KERRVILLE HILL COUNTRY
COMMUNITY MHMR CENTER FOR PAVING AND PATIENT ACCEPTANCE
AND TRANSPORTATION
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
3-I-0 to (Commissioner Baldwin opposed):
Approve Memorandum of Understanding with Kerrville Hill Country Community
MHMR Center for Paving and for Patient Acceptance and Transportation, and allow
County Judge to sign same.
i~~~
COMMISSIONERS' COURT AGENDA REQUEST
3 la 3 ~1
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Pat Tinley
MEETING DATE: March 9. 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the Memorandum
of Understanding for Paving and for Patient Acceptance and Transportation, and allow
County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF F,MPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#31234
STATE OF TEXAS
C~LTN'TY ~~' KERR §
MEMORANDU~7 OF UNDERSTANDING FOR PAV><NG ANI~ FOR PATIENT
ACCE~'TANCFa AND. TRANSPORTATION
This Agreement (tlac "Agreement") is entered into by and between the County of Kerr
{"COUNTY") clad the Kerrville bill Country Community M.ILM,R, Center ("MHMR") regarding
the MHMR Crisis Stabilization Unit ("CSL'") scheduled to open by April 1, 2009, in Kerr County.
RF,CITALS
WIIEIZEAS, the Texas Legislature previously authoz~zed funding for creation and implementation
of a 16-bed Crisis Stabilization Unit to be operated by MHMR, and to be located on the grounds of
t1~e kca-z-~rille State Hospital; and
WHEREAS, MH1vIR requires a road and 20-count parking lot to be built to serve this C'SU; and
Vi%I-IER~:AS, GULTN~ Y cun~ently has the eduii~ment, personnel and fiu~ding necessary to buiid such
road anal parking lot; and
VJI-IERT;AS, COtTN"I'Y has incurred considerable expense in the past, tr~.nsprn~ting mental health
patients to distaaat locations for in-patient mental health treatnaezat; which expense CUUN'I'Y seeks
to avoid by having in-patient mental health sez-vices available locally; azad
WHEREAS, MHMT~ azad COL1?~TY mutually agree that it will be in the best interests of proposed
patients, COt;T1TY taxpa~~ers and MHMR. for COtTh1TY to expend taxpayer funds to complete said
road and parking lot in return foz• a commitment from MHMR to accept for treatment or
transportation all proposed patients who are brought to the CSU under an order of emergency
detention si~aed by a magistrate pursuant to X573.012 of tlae Texas Health & Safety Codc ("Code")
or by a peace officer pursuant to §573.OQ I of the Code.
AGRF,EMLNT
NOVA' TI-IEREhORE, it is agreed beri~veen the parties that in consideration of COUNTY building a
road and 20-count parking lot far the CSU at its expense, and as directed azad designed by MI-AMR,
MHMR agrees to accept for treatment or transportation all proposed patients ~vlao are brought to the
CSU by COUNTY or City of Kerrville peace officers under aza order of emergency detention
signed by a magistrate pursuant to §573.OI2 of the Texas Health & Safety Code {"Code") or by a
peace officer pursuant to §573.Q01 of the Code.
IT 1S I-'URTIIER AGREED that this obligation for MHMR to accept and transport does not include
transportation fiom the CSli back to the proposed patient's home or other location within the
County, in the etTent that the proposed patient is found rat to be in need of izi-patient metatal health
services after initial evaluation at the CSU. Such individuals shall be returned to their horse or
other location within Kerr County by the agency that initially brought the individual to the CSU,
OTHER TERMS AND CONAIT[ONS
Entire Agreement. This Agreement constitutes the entire agreement between the Parties and
contains all of the tez~xis and condztiozas agreed upon. No other agreeznezat, oral or otherwise,
regarding the subject matter of this Agreement shall bind floe Parties utaless it is iza writing, dated
subsequent to the date hereof, and duly executed by the Parties.
~~otiees. For puzposes of dais Agreement, all official camnaunications and iaotices among the
Parties shall be deemed. stzff"zcient if in v<~riting and trailed, registered ar certified mail, postage
prepaid, to the fallowing addresses,
KIRR COUNTY: Kl~RR County Judge
Kerr County Courthouse
700 Main Street
Kcz~rville, "fX 78028
MHMR: Linda Werlein
Director, hei7ville IIill Countr~~ Mf-TtiI1Z
500 Thompson. Drive
Kerrville. Texas 78028
Notice of changes of address by either Party must be made in waiting delivered to the other pa~,-ty's
last kno~~rn address within live (5}business days of such change.
Parties Bound. This Agreement shall be binding on and inure to the taenef"it of the Parties and their
respective, administrators, legal. representatives, successors and. assigns, except as otherwise
expressly provided herein. By their signature below, each party represents that the signatory is hilly
authorized to enter iaato this Agreement and to bind hilnllaerself and floc entity which laelshe
represents.
Relationship of Parties. \rothing contained herein shall be deemed or construed by the Parties, ar
by any third party, ~zs creating the relationship of principle gird agent, partners, joint venturers or any
other surilar such relationship between the Parties.
Texas Law to Apply. This Agreement shall be construed under and. in accordance with floe laws of
the State of Texas, and all obligations of the Parties created hereunder are performable in Kerr
County, Texas.
Captitans. The captions contained in this Agreement are for convenience of reference only, grad in
no way Iimit ar enlarge the terms aald/or conc~tions of this Agreement.
Recitals. The Recitals at the beginning of this Agreement are incorporated into the Agreement and
shall be bmcli~zg on floe Pax-ties.
2
EXECUTED this the !{~` da}~ of a, f~
---~---~_~___._--, 209.
KEItIt CO~TN`TY
/_B.+y° _
G~------ ~ 7 ~ -`
K_ERR COtiNTY .lodge
MI-I~Z
Title: G ~"d