ORDER NO. 24138
APPROVAL OF RMENDMENT TD INTERLOCAL
CODPERATION AGREEMENT FOR MEDICRL EXAMINER
SERVICES BETWEEN KERB COUNTY RND TRRVIS CGUNTY
On this the 11th day of August 1997, upon motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the
Coi_ir•t unani~aously approved by a vote of 4-0-0, the amendment
to Inter•local Cooperation Ayr-eement for• Medical Examinee
Services between Ker'r• County and Travis County as notice of
change of rate for• Medical Examiner Services effective
November 1, 1997 from $8Qi0.00 to 4900.0Qi.
ROBERTO J. BAYARDO. M.D.
Diplomat of American Board
of Pathology
CHEF MEDICAL EXAMINER
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9TE of
ELIZABETH PEACOCK, M.D,
Diploma[ of American Board
of Pathology
DEPUTY MEDICAL EXAMINER
JUSTICE AND PUBLIC SAFETY DIVISION
OFFICE OF THE MEDICAL EXAMINER OF TRAVIS COUNTY
FORENSIC CENTER
121 J Sabine Street
P U, nox tl4a
Austin, Texas 7R767
Tel: (51)47}y599
Fax: (5121473-9M4
July 24, 1997
Honorable Robert Denson (or successor)
Ken County Judge
700 Main Street
Kerrville TX 78028
RE: Notice oCRate Change for Medical Examiner Services Under Interlocal Cooperation Agreement with Travis County
Dear Judge Denson:
Pursuant to Sections 7.02 and 11.0 of the Interlocal Cooperation Agreement for Medical Examiner Services (ICAMES) Between
Travis County and Kerr County, this Letter shall serve as notice oC a change in the rate for MEDIC~1, EXAMINER SERVICES,
effective November 1, 19
Section 3.02 of the curcent ICAMES between Travis County and Kerr County sets a rate of payment for Medical Examiner Services
at eight hundred dollars ($800.00) for each body. The new rate for Medical Examiner Services, effective November 1, 1997, is nine
hundred dollars ($900.00) for each body. Travis County has determined that [his rate increase is necessary in order to cover the
increased actual costs to Travis County of providing the services.
Under Section 7.02 of [he ICAMES, Travis County may amend the rate by sending notice of the rate change at lease sixty (60) days
before the change is to become effective. If Kerr County does not send a notice in compliance with Section 1 L0 of the ICAMES
stating that the change is unacceptable prior to its effective date, Kerr County shall be deemed to have accepted [he rate change and
shall pay the new rate for any Medical Examiner Services provided by Travis County after the effective date of the rate change.
Notice from Kerr County that the amended rate is unacceptable will result in termination of the ICAMES. In that event, if Kerr
County should desire to obtain Medical Examiner Services from Travis County in the future, a new Interlocal Cooperation
Agreement for Medical Examiner Services between Travis County and Kerr County would have to be executed.
Should you have any questions, please feel free to contact my Office Administrator, Darlene Dunn, at (512) 473-9042.
Sincerely,
vN~
ROBERTO J. YARDO, M.D.
Chief Medical Examiner
INTERLOCAL COOPERATION AGREEMENT
FOR MEDICAL EXAMINER SERVICES
BETWEEN TRAVIS COUNTY AND KERR COUNTY
This Agreement is made by the following parties:
Travis County, a political subdivision of the State of Texas,
and Kerr County, a political subdivision of the State of Texas.
RECITALS
Kerr County has not established and does not maintain a
medical examiners office and is not part of a medical examiners
district.
Travis County desires to provide Medical Examiner Services to
Kerr County, if requested.
Both Travis County and Kerr County have the authority to enter
into an Interlocal Cooperation Agreement for the purpose of
rendering and receiving medical examiner services pursuant to TEX.
GOVERNMENT CODE, ch. 791.
AGREEMENT
NOW, THEREFORE, Travis County and Kerr County mutually agree
to the terms and conditions stated in this agreement.
1.0 Definitions.
In this Agreement,
1.01 "Justice of the Peace means any person or persons
elected and qualified to hold office in Kerr County in any of the
positions authorized to conduct an inquest by the TEX. CRIM. PROC.
CODE, art. 49.07.
1.02 "Medical Examiner" means Travis County Medical
Examiner, or his designee.
1.03 "Invoice" means a document that states the name of
the County requesting the services and the date that services were
performed, describes the type of Medical Examiner Services
provided, and identifies the person on whose body the services were
performed, if possible.
1.04 "Medical Examiner Services" a post mortem
examination of the body of a person, including x-rays and an
examination of the internal organs and structures after dissection,
to determine the cause of death or the nature of any pathological
changes that may have contributed to the death and includes
removing a sample of body fluids, tissue or organs in order to
determine the nature and cause of death even when a complete post
mortem examination of the body is not done and chemical tests of
body fluids.
1.05 "Medical Examiner Testimony" means the appearance of
the Medical Examiner or any member of his staff at a legal
proceeding to provide expert testimony in relation to any Medical
Examiner Services provided under this agreement.
2.0 Term.
2.01 Initial Term. This agreement shall commence on the
date on which it is signed by the last party to sign it. This
agreement shall continue in force until September 30, 1992.
2.02 Automatic Renewal. This agreement shall
automatically renew on October 1, 1992 for a term of one (1) year
and shall automatically renew for terms of one (1) year each year
thereafter unless sooner terminated pursuant to 10.0.
3.0 Kerr County Responsibilities.
3.01 Authority to Order Services. A Justice of the Peace
may order the Travis County Medical Examiner to provide any Medical
Examiner Services needed by Kerr County.
3.02 Payment. If a Justice of the Peace orders that the
Travis County Medical Examiner provide Medical Examiner Services to
Kerr County, Kerr County shall pay Travis County Seven Hundred
Dollars ($700.00) for each dead body on which Medical Examiner
Services are performed. If Medical Examiner Testimony is required,
the fee for these services shall be negotiated based on the
circumstances.
3.03 Responsibil''w for Claims. K e r r C o u n t y
acknowledges that Kerr County is responsible for any and all
claims, losses, damages, negligence, causes of action, suits and
liability of any kind, including all expenses of litigation, court
costs, and attorney's fees for injury to or death of any person for
any act or omission by Travis County or for damage to any property,
arising out of or in connection with the work done by Travis County
under this agreement.
4.0 County Responsibilities.
4.01 Authority to Provide Services. Travis County
through its Medical Examiner shall provide any Medical Examiner
Services ordered by any Kerr County Justice of the Peace but these
services do not include Medical Examiner Testimony.
4.02 Reliance on Order. Travis County may rely on any
order by any Kerr County Justice of the Peace as an authorized
request of Kerr County.
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4.03 Invoices. If Travis County provides Medical
Examiner Services to Kerr County, Travis County shall provide
Invoices at the rates in 3.02 or as amended in compliance with
7.02. If Kerr County notifies Travis County that any Invoice lacks
sufficient information, Travis County shall provide the additional
information within ten days of that notice.
4.04 Internal Revenue Form W-9. Travis County shall
provide Kerr County with an Internal Revenue Form W-9 Request for
Taxpayer Identification Number and Certification that is completed
in compliance with the Internal Revenue Code, its rules and
regulations and a statement of entity status in a form satisfactory
to Kerr County in each term of this agreement before any funds are
payable in that term of this agreement.
5.0 Compliance with Law.
5.01 Kerr County and Travis County shall comply with all
laws, rules and regulations applicable to performance of this
agreement.
6.0 Retention, Accessibility and Audit of Records.
6.01 Travis County Retention. Travis County shall
maintain all records and documentation for all autopsies performed
pursuant to this agreement in a readily available state and
location for three (3) years after the agreement term in which the
autopsy occurred.
6.02 Kerr County Access. Travis County shall give Kerr
County, or its duly authorized representatives, access to and the
right to examine all autopsy records, reports, files, and other
papers, belonging to or in use by Travis County pertaining to this
agreement at reasonable times and for :asonable periods. These
rights to access shall continue as long as these records are
retained by Travis County.
7.0 Amendments.
7.01 Formal Process. Any change to the provisions of
this agreement except for changes to the rates in 3.02 shall be
made in writing and signed by both parties. It is acknowledged by
Kerr County that no officer, agency, employee or representative of
Travis County has any authority to change the provisions of this
agreement unless expressly granted that authority by Travis County
Commissioners Court.
7.02 Amendment of 3.02. Travis County may amend the
rates stated in 3.02 by sending a notice of rate change in
compliance with 11.0 to Kerr County at least sixty (60) days before
the change is to become effective. If Kerr County does not send a
notice in compliance with 11.0 stating that the change is
3
unacceptable prior to its effective date, Kerr County shall accept
the rates stated in notice of rate change and shall pay those rates
for any Medical Examiner Services or Medical Examiner Testimony
provided by Travis County after the effective date.
7.03 Kerr County Request. Kerr County shall submit all
requests, for changes to this agreement to Travis County Medical
Examiner. Travis County Medical Examiner shall present Kerr
County's requests to Travis County Commissioners Court for
consideration.
7.04 Travis County Reouest. Travis County shall submit
all requests for changes to this agreement to Kerr County Judge.
Kerr County Judge shall present Travis County's requests to Kerr
County Commissioners Court for consideration.
8.0 Mediation.
8.01 When mediation is acceptable to both parties in
resolving a dispute arising under this agreement, the parties agree
to use the Dispute Resolution Center of Austin, Texas as the
provider of mediators for mediation as described in the TEX. CIV.
PRAC. AND REM. CODE §154.023. Unless both parties are satisfied
with the result of the mediation, the mediation will not constitute
a final and binding resolution of the dispute. All communications
within the scope of the mediation shall remain confidential as
described in TEX. CIV. PRAC. AND REM. CODE §154.073, unless both
parties agree, in writing, to waive the confidentiality.
9.0 Non-Waiver and Reservation of Remedies.
9.01 Non-Waiver. Any act of forbearance by either party
to enforce any provision of this agreement shall not be construed
as a modification of this agreement or as a waiver of any breach or
default of the other party which then exists or may subsequently
exist. The failure of either party to exercise any right or
privilege granted in this agreement shall not be construed as a
waiver of that right or privilege.
9.02 Reservation of Rights and Remedies. All rights of
both parties under this agreement are specifically reserved. Any
payment, act or omission by a party shall not impair or prejudice
any remedy or right of that party under this agreement. Any right
or remedy stated in this agreement shall not preclude the exercise
of any other right or remedy under this agreement, the law or at
equity, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies.
10.0 Termination.
10.01 Travis County Termination. Travis County has the
right to terminate this agreement, in whole or in part, for one or
4
more of the following reasons at any time in compliance with 10.02:
10.01.1 Kerr County has failed to comply with any
term or condition of this agreement, or
10.01.2 Kerr County is unable to conform to
changes required by federal, state or local laws or regulations
related to performance under this agreement.
10.02 Procedure. At least thirty (30) days before the
effective date of termination, Travis County shall notify Kerr
County in compliance with 11.01 of the decision to terminate this
agreement, the reasons for termination, the effective date of
termination and, in the case of a partial termination, the portion
of the agreement to be terminated. Kerr County may avoid
termination of this agreement pursuant to 10.01.1 or 10.01.2 if
Kerr County corrects the causes of the reasons for termination
stated in the notice to the satisfaction of Travis County prior to
the effective date of termination.
10.03 Kerr County Termination. Kerr County shall have
the right to terminate this agreement, in whole or in part, at any
time for any of the following reasons in compliance with 10.04:
10.03.1 Travis County has failed to comply with
any term or condition of this agreement,
10.03.2 Travis County is unable to conform to
changes required by federal, state or local laws or regulations
related to performance under this agreement, or
10.03.3 Any change in 3.02 by Travis County is not
acceptable to Kerr County.
10.04 Procedure. At least thirty (30) days before the
date of termination, Kerr County shall notify Travis County in
compliance with 11.01 of the decision to terminate this agreement,
the reasons for termination, the effective date of termination and
in the case of a partial termination, the portion of the agreement
to be terminated. Travis County may avoid termination of this
agreement pursuant to 10.03.1, 10.03.2 or 10.03.3 if Travis County
corrects the causes of the reasons for termination stated in the
notice to the satisfaction of the Kerr County prior to the
effective date of termination.
10.05 Mutual Termination. Either party has the right to
terminate this agreement, in whole or in part, when both parties
agree, in writing, that the continuation of the activities under
this agreement would not produce beneficial results commensurate
with the further expenditure of funds and what conditions of
termination will apply, including the effective date of termination
and, in case of partial termination, the portion of the agreement
5
to be terminated.
10.06 Rights Surviving Termination. If either party
terminates this agreement, Travis County has a right to payment for
all services provided before the effective date of termination and
not previously paid for.
11.0 Notices.
11.01 Method of Notice. Any notice required or
permitted to be given under this agreement by one party to the
other shall be in writing and shall be given and deemed to have
been given immediately if delivered in person to the address set
forth in 11.02 or 11.03 for the party to whom the notice is given,
or on the third day following mailing if placed in the United
States Mail, postage prepaid, by registered or certified mail with
return receipt requested, addressed to the party at the address
specified in 11.02 or 11.03.
11.02 Address of Travis Countv. The address of Travis
County for all purposes under this contract shall be:
Honorable Bill Aleshire (or his successor in office)
Travis County Judge
P. O. Box 1748
Austin, Texas 78767-1748
With copies to (registered or certified mail is not required):
Honorable Ken Oden (or his successor in office)
Travis County Attorney
P. O. Box 1748
Austin, Texas 78767-1748
File No. 19.
and
Roberto J. Bayardo, M.D. (or his successor)
Travis County Medical Examiner
P. O. Box 1748
Austin, Texas 78767-1748
11.03 Address of Kerr Countv. The address of the Kerr
County for all purposes under this agreement and for all notices
hereunder shall be:
Honorable W.G. Stacy (or his successor)
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
11.04 Change of Address. Each party may change the
6
address for notice to it by giving notice of the change in
accordance with the provisions of 11.01.
12.0 Assignability.
12.01 Neither party may assign any of the rights or
duties created by this agreement without the prior written approval
of the other party. It is acknowledged by Kerr County that no
officer, agency, employee or representative of Travis County has
any authority to grant such assignment unless expressly granted
that authority by the Travis County Commissioners Court.
13.0 Entire Aoreement.
13.01 All oral and written agreements between the
parties to this agreement relating to the subject matter of this
agreement that were made prior to the execution of this agreement
have been reduced to writing and are contained in this agreement.
14.0 Interpretation of Contract.
14.01 Law. This agreement is governed by the laws of the
State of Texas.
14.02 Severability. If any portion of this agreement is
ruled invalid by a court of competent jurisdiction, the remainder
of the agreement shall be construed as if that portion were not
included in the agreement and shall remain valid and binding.
14.03 Computation of Time. When any period of time is
stated in this agreement, the time shall be computed to exclude the
first day and include the last day of the period. If the last day
of any period falls on a Saturday, Sunday or a day that either
Travis County or Kerr County has declared a holiday for its
employees, these days shall be omitted from the computation.
14.04 Number and Gender. Words of any gender in this
agreement shall be construed to include any other gender and words
in either number shall be construed to include the other unless the
context in the agreement clearly requires otherwise.
14.05 Headings. The headings at the beginning of the
various provisions of this agreement have been included only to
make it easier to locate the subject matter covered by that section
or subsection and are not to be used in construing this agreement.
15.0 Legal Authority.
15.01 Kerr County Signors. The person or persons
signing this agreement on behalf of Kerr County, or representing
themselves as signing this agreement on behalf of Kerr County, do
hereby warrant and guarantee that he, she or they have been duly
7

authorized by Kerr County to sign this agreement on behalf of Kerr
County and to bind Kerr County validly and legally to all terms,
performances, and provisions in this agreement.
15.02 Travis County Signors. The person or persons
signing this agreement on behalf of Travis County, or representing
themselves as signing this agreement on behalf of Travis County, do
hereby warrant and guarantee that he, she or they have been duly
authorized by Travis County to sign this agreement on behalf of
Travis County and to bind Travis County validly and legally to all
terms., performances, and provisions in this agreement.
16.01 This document is executed in duplicate originals.
TRAVIS COUNTY
By:
Travis lYt
l~~S Bky ~°
Date:
16.0 Du 13cate Ori finals.
KERR COUNTY
l ~ ~2iG C) L/ ~.-~
BY~
W.G. Stacy, Count Judge
~, Texas Kerr County, Texas
er r-«a ~~~ fat ~i,~G2
/ Date: ~/~/~7/
A:\bayardo\ILME.23
8
FIRST AMENDMENT OF INTERLOCAL COOPERATION AGREEMENT
FOR MEDICAL EXAMINER SERVICES
BETWEEN TRAVIS COUNTY AND
KERR COUNTY
This Amendment is entered into by the following parties: Travis
County, a political subdivision of Texas, and Kerr County, a
political subdivision of Texas.
RECITALS
County and Contractor entered into an Interlocal Cooperation
Agreement for Medical Examiner Services between Travis County and.
Kerr County for the purpose of giving and receiving medical
examiner services which commenced on June 20, 1992 ("Agreement").
Agreement provides for changes, other than those in rates, to be
made by written agreement signed by both parties.
County and Contractor, in order to facilitate continuation of the
contract, desire to amend the Agreement.
NOW, THEREFORE, in consideration of the mutual benefits received by
these changes, the parties agree to change the Agreement as
follows:
1.0 PAYMENT
1.1 Delete 3.02 in the Agreement and replace with the
following:
If a Justice of the Peace orders that the Travis
County Medical Examiner provide Medical Examiner services
to Kerr County, Kerr County shall pay Travis County Eight
Hundred Dollars ($800.00) for each dead body or on which
Medical Examiner services are performed. If Medical
Examiner testimony is required, Karr i:ounty shall pay
Travis County Three Hundred Dollars ($300.00) for each
day such testimony is offered.
1.2 Delete the period at the end of the last sentence of 3.03
and add the following:
other than for willful or malicious acts or
omissions by the Medical Examiner or any other officer,
agent or employee of Travis County, for which liability
may lie as may appear by law.
1.3 Add the following after 3.03:
3.04 Kerr County reserves the right to seek the
services provided under this agreement from any other
source during the term of this agreement.
2.0 COUNTX RESPONSIBILITIES
2.1 Delete the following at the end of 4.01:
,but these services do not include Medical Examiner
Testimony.
3.0 RETENTION, ACCESSIBILITY AND AUDIT OF RECORDS
3.1 Add the following at the end of 6.01:
`Pravis County shall notify Kerr County in writing at
least sixty (60) days in advance of its intention to
destroy any records or documentation in its possession
under this agreement.
3.2 Add the following at the end of 6.02:
Copies of records, reports, files and other papers
shall be made available to Kerr to County or its duly
authorized representatives at no charge to Kerr County,
together with official certification of such records,
reports, files and other papers as may be necessary.
4.0
4.1 Add the following at the end of 7.01:
It is acknowledged by Travis County that no officer,
agency, employee or representative of Kerr County has any
authority to change the provisions of this agreement
unless expressly granted that authority by Kerr County
Commissioners Court.
5.0 ASSIGNABILITY
5.1 Add the following at the end of 12.01:
It is acknowledged by Travis County that no officer,
agency, employee or representative of Kerr County has any
authority to change the provisions of this agreement
unless expressly granted that authority by Kerr County
Commissioners Court.
6.0 INCORPORATION
6.1 Travis County and Kerr County hereby incorporate the
Agreement into this Amendment. Except for the changes made in this
Amendment, Travis County and Kerr County hereby ratify all the
terms and conditions of the Agreement. The Agreement with the
changes made in this Amendment to the Agreement constitutes the
entire agreement between the parties and supersedes any prior
undertaking or written or oral agreements or representations
between the parties.
7.0 EFFECTIVE DATE
7.1 This Amendment is effective when approved by the Travis
County Commissioners Court.
TRAViS C i1TY
DATE: ~~ ~ ~~ BY:
NAME:
TITLE:
KERR CO/UNTY
DATE : 11-9-93 BY ~ ""
NAME: W.Q-~ffA~`~
KERR County Judge
C:\Dayardo\fotmat\amand.l
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES QF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Robert A. Denson OFFICE: Count +LJudge
MEETING DATE: August 11, ] 997 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss proposed Amendment to Interlocal Cooperation Agreement for Medical
Examiner Services between Kerr County and Travis County and authorize the County Judge to
sigJt same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Count~Judge
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 P.M. previous Monday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON

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 you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.