ORDER NO. 30839
INTERLOCAL COOPERATION AGREEMENT FOR MEDICAL EXAMINER
SERVICES BETWEEN TRAVIS COUNTY AND KERB COUNTY
Came to be heard this the 12th day of May, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Interlocal Cooperation Agreement for Medical Examiner Services
between Travis County and Kerr County, and authorize County Judge to sign
same.
3og39
l~av
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley OFFICE: County Jud
MEETING DATE: May 12, 2008
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the Interlocal
Cooperation Agreement for Medical Examiner Services between Travis County and Kerr
County, 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 EMPLOYEE:
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:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .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.
TRAVIS COUNTY
o~'~x of T.pq OFFICE OF THE MEDICAL EXAMINER
G DAVIb DOLiNAK, ~i.n.
V ~ ~~ N Diplomale of American Board of Pathology
a• .,. 1213 Sabine Street CHIEF MEDICAL EXAMINER
~a9 ~%~ '~ ~~ PO BOX 1748 BETIi DEVERY', RN,JD
A~ OF ~ AUStIIIi TX 78767 CHIEF ADMINISTRATIVE OFFICER
Tel: (512) $54-9599
Fax: (512) 854-9044
April 22, 2008
Dear County Judge:
Our office heard from a number of counties that had questions and comments on the Interlocal
Agreements sent out in February. Based on the feedback we received, we have made some changes
to the Interlocal Agreement. The first change is in section 3.03. We changed the agreement so that
counties aze required to send the required records when ~•equestecl by our office. We recognize that
not all of these records will be needed in each case. We also added that reaso;'aable efforts must be
made to obtain the requested information. The second change is in section 3.04. Our office rna~f
charge a per day storage .fee for every day beyond the 72 hours after the preliminary report is sent. If
your county is trying diligently to make efforts to transport the body from our facility, we do not
anticipate charging a storage fee. However, we can no longer hold bodies for weeks at a time. We
also changed section 3.01 to clarify that a county judge, as well as a JP, can order an autopsy from
our office.
The last change is to the autopsy order itself. There will no longer be a checkbox for external
examination. To avoid confusion, it would be best to assume that if you refer a case to our office it
will be autopsied unless the pathologist determines that an external examination is appropriate. In
that case, the pathologist will contact the JP prior to autopsy and discuss the possibility of performing
an external examination instead of full autopsy.
We have also had some questions raised about Section 6:01. We will continue to refer all public
information requests and subpoenas to the JP. Based on consultation with our County Attorney's
office, we have determined that the JP is the custodian of the record, even though our office maintains
the records. We have modified our business records affidavit to more clearly reflect that arrangement
and have attached a copy for your review. When a JP receives a subpoena, the JP will need to contact
our office and let us know what records they would like provided. Our office will prepare the records
and include a business records affidavit using the format in the attached affidavit. The records with
the attached affidavit will be sent to the JP for review and dissemination to the requestor.
The Interlocal Agreement accompanying this letter is the final version of the agreement. Please sign
the attached agreement and return it to:
Travis County Medical Examiner's Office
Interlocal Agreement
P.O. Box 1748
Austin, Texas 78767
If you have any questions, please feel free to contact me at (512) 854-6$SS or by email at
both.dever~~(i7co.travisaa_us. I appreciate all the helpful feedback that we received, As always, we
look forward to working with your counties.
Sincerely,
~~
Beth Devery
Chief Administrative Officer
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 under Texas
Government Code chapter 791.
Agreement
Travis County and Kerr County mutually agree to the terms and conditions stated in this agreement.
1.0 Defmitions
In this agreement:
1.01 "Autopsy" means a postmortem examination of the body of a person to determine
the cause of death or the nature of any pathological changes that may have
contributed to the death, or to identify the person. An autopsy includes, at the
discretion of the doctor performing the examination, an examination of the internal
organs and structures after dissection; an external examination of the body only;
taking or removing from a body organs, tissues and body fluids for examination;
taking x-rays and photographs; and toxicological analysis.
1.01 "Justice of the Peace" means any person lawfully holding the office of justice of the
peace in Kerr County.
1.02 "Medical Examiner" means the Travis County Medical Examiner, or his designee.
1.03 "Medical Examiner Testimony" means to provide expert testimony, on any autopsy
provided under this agreement, by the medical examiner or any member of the
medical examiner's staff.
2.0 Term
2.01 Initial Term. This agreement's initial term shall commence on the date on which
the last party signs it and shall continue until September 30, 2008.
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2.02 Automatic Renewal. After that date, this agreement shall automatically renew on
October 1, 2008 for an additional term of one (1) year, and shall automatically
renew for additional terms of one (1) year on October 1 of each subsequent year
unless terminated under 10.0.
3.0 Kerr County Responsibilities
3.01 Authority to Order Services. A Justice of the Peace may request the Medical
Examiner to perform an autopsy or to provide any medical examiner testimony
that Kerr County needs. A County Judge operating under Texas Code of Criminal
Procedure article 49.07(c)(2) may also request the Medical Examiner to perform
an autopsy.
3.02 Written Request. A Justice of the Peace requesting an autopsy shall submit to the
Medical Examiner a signed order in the designated format of Attachment A. In
addition, the Justice of the Peace must contact the Medical Examiner a minimum of
one (1) hour before a body is delivered to notify the Medical Examiner that a body
will be arriving and to provide information about the decedent.
3.03 Required Records. Upon request, the Justice of the Peace requesting an autopsy
shall make reasonable efforts to send all investigative reports and photos to the
Medical Examiner within thirty (30) days of the Medical Examiner's receipt of the
body. Upon request, the Justice of the Peace shall make reasonable efforts to
provide the decedent's medical history, including the decedent's medical records, if
any, and a list of the decedent's medications by fax or e-mail to the Medical
Examiner within forty-eight (48) hours of the Medical Examiner's receipt of the
body. In addition, where the body's identity is at issue, the Justice of the Peace is
responsible for obtaining the relevant dental and other potentially identifying records
to send to the Medical Examiner.
3.04 Rates. If a Justice of the Peace requests the Medical Examiner perform an autopsy,
Kerr County shall pay Travis County $2300 per body requiring an autopsy that
includes dissection and examination of internal organs, and $800 per body requiring
only an external examination. If Kerr County requires medical examiner testimony,
Kerr County shall pay Travis County anon-prorated $300 for the first three hours of
testimony, and anon-prorated $100 per hour for each subsequent hour of testimony.
Travis County may require Kerr County to pay anon-prorated $35 per day for each
body that remains at the Travis County Forensic Center beyond seventy-two (72)
hours after the Medical Examiner has faxed Kerr County the preliminary findings
for an identified body.
3.05 Payment. Texas Government Code chapter 2251 governs payments to Travis
County for its medical examiner services.
~ ~ 3.06 Responsibility for Claims. Kerr County expressly agrees and acknowledges that -
~.~~ (fit ~c~ ~ ,Kerr County shall be responsible for any and all claims, causes of action, suits,
losses, damages, and liability of any kind, including all litigation expenses, court
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costs, and attorney's fees, for any person's injury or death, or for damage to any
property arising in connection with the medical examiner services performed for
Kerr County under this agreement, other than for willful or malicious acts or
omissions by the medical examiner or any other Travis County officer, agent, or
employee, for which liability, if any, shall be determined under Texas law.
3.07 Kerr County reserves the right to seek medical examiner services from any other
source during the term of this agreement.
4.0 Travis County Responsibilities
4.01 Providing Medical Examiner Services. The Medical Examiner shall perform any
autopsy ordered by any Justice of the Peace, with certain exceptions outlined below.
The Medical Examiner may deny a request for services for the following reasons:
4.01.1 If at the time of the request the Medical Examiner determines there is a
compelling need to deny the request. For the purposes of this section,
"compelling need" includes a significant staff shortage, mass disaster, or
other emergency circumstance;
4.01.2 As one of the remedies outlined in Texas Government Code section
2251.051 for a governmental body's failure to pay a vendor;
4.01.3 If the request for medical examiner services does not comply with 3.02; or
4.01.4 If the Justice of the Peace did not comply with 3.03 in a previous request.
4.02 Reliance on Order. Travis County may rely on any order by any Justice of the
Peace as an authorized request of Kerr County.
4.03 Invoices. If Travis County provides medical examiner services to Kerr County,
Travis County shall invoice Kerr County at the rates in 3.04, or at the rates as
amended under 7.02. If Kerr County notifies Travis County that any invoice lacks
sufficient information and specifies what information is needed, Travis County shall
provide the additional information within ten (10) days of that notice.
5.0 Compliance with the Law
5.01 Kerr County and Travis County shall comply with all laws, rules, and regulations
applicable to this agreement.
6.0 Retention, Accessibility, and Audit of Records
6.01 Custodian. The Justice of the Peace who requests an autopsy under this agreement
is the custodian of the records generated by the Travis County Medical Examiner's
office in providing the autopsy.
6.02 Travis County Retention. Travis County shall maintain all records and
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documentation it generates in providing autopsies under this agreement in a readily
available state and location.
6.03 Access. Travis County shall give the requesting Justice of the Peace, or the judge's
duly authorized representative, access to and the right to examine all autopsy
records, reports, files, and other papers related to this agreement at reasonable times
and for reasonable periods. These rights to access shall continue as long as these
records are retained by Travis County. Travis County shall make copies and
certified copies of records, reports, files and other papers available to the requesting
Justice of the Peace, or the judge's duly authorized representatives, at no charge.
7.0 Amendments
7.01 Formal Process. Any change to this agreement's provisions, except for changes to
the rates in 3.04, shall be made in writing and signed by both parties. Kerr
County acknowledges that no Travis County officer, agent, employee, or
representative has any authority to change this agreement's provisions unless the
Travis County Commissioners Court expressly grants that authority. Travis County
acknowledges that no Kerr County officer, agent, employee, or representative has
any authority to change this agreement's provisions unless the Kerr County
Commissioners Court expressly grants that authority.
7.02 Amending 3.04 Rates. Travis County may amend the rates stated in 3.04 by sending
a notice of rate change under 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 under 11.0
stating that the change is unacceptable before its effective date, Kerr County shall
accept the rates stated in the notice of rate change and shall pay those rates for any
medical examiner services or medical examiner testimony that Travis County
provides after the effective date.
7.03 Kerr County Request. Kerr County shall submit all requests for changes to this
agreement to the Medical Examiner. The Medical Examiner shall present Kerr
County's requests to the Travis County Commissioners Court for consideration.
7.04 Travis County Request. Travis County shall submit all requests for changes to this
agreement to the Kerr County Judge. The Kerr County Judge shall present Travis
County's requests to the Kerr County Commissioners Court for consideration.
8.0 Payments from Current Revenues
8.01 Each party paying for the governmental functions or services shall make those
payments from current revenues available to the paying party.
9.0 Non-Waiver and Reservation of Remedies
9.01 Non-Waiver. Any act of forbearance by either party to enforce any of this
agreement's provisions shall not be construed as this agreement's modification or as
a waiver of the other party's concurrent or future breach or default. Either party's
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failure 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 that party's remedies or rights under this agreement. Any right or
remedy stated in this agreement shall not preclude exercising any other right or
remedy, whether under this agreement, the law, or at equity; and neither shall any
action taken in exercising any right or remedy be deemed a waiver of any other
rights or remedies.
10.0 Termination
10.01 Either party may terminate this agreement at any time, with or without cause, by
giving the other party written notice of its intent to terminate at least thirty (30) days
prior to the termination's effective date.
10.02 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 that have not been paid for.
11.0 Notices
11.01 Notice Method. Any notice required or permitted to be given under this agreement
by one party to the other shall be in writing. If notice is delivered in person to the
appropriate address in 11.02 or 11.03, it shall be deemed to have been given
immediately. Alternatively, if notice is addressed to the appropriate address in
11.02 or 11.03 and placed in the United States mail, postage prepaid by registered or
certified mail with return receipt requested, it shall be deemed given on the third day
following mailing.
11.02 Travis County Address. Travis County's address for all purposes under this
agreement shall be:
Honorable Samuel T. Biscoe (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 David Escamilla (or his successor in office)
Travis County Attorney
P. O. Box 1748
Austin, Texas 78767-1748
and
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David Dolinak, M.D. (or his successor)
Travis County Medical Examiner
P. O. Box 1748
Austin, Texas 78767-1748
and
Cyd V. Grimes (or her successor)
Travis County Purchasing Agent
P.O. Box 1748
Austin, Texas 78767-1748
11.03 Address of Kerr County. The address of Kerr County for all purposes under this
agreement and for all notices shall be:
Honorable
Kerr County Judge
Texas
(or successor in office)
11.04 Change of Address. Each party may change the address for notice to it by giving
notice of the change under 11.01.
12.0 Assignability
12.01 Neither party may assign any of the rights or duties created by this agreement
without the other party's prior written approval. Kerr County acknowledges that no
Travis County officer, agent, employee or representative has any authority to grant
such assignment unless the Travis County Commissioners Court expressly grants
that authority. Travis County acknowledges that no Kerr County officer, agent,
employee or representative has any authority to change this agreement's provisions
unless the Kerr County Commissioners Court expressly grants that authority.
13.0 Entire Agreement.
13.01 This agreement and its attachment, incorporated here by reference and inclusion,
represent the entire agreement between the parties and supersedes all prior
representations, agreements, statements, and understandings relating to its subject
matter, whether verbal or in writing.
14.0 Interpretation of Contract
14.01 Law. This agreement shall be 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.
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14.03 Time Computation. 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 this agreement's provisions 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. An individual signing this agreement on behalf of Kerr
County, or representing himself to be signing this agreement on Kerr County's
behalf, does hereby warrant and guarantee that Kerr County authorized the
individual to sign this agreement on Kerr County's behalf and to bind Kerr County
validly and legally to this agreement.
15.02 Travis County Signors. An individual signing this agreement on Travis County's
behalf, or representing himself to be signing this agreement on Travis County's
behalf, does hereby warrant and guarantee that Travis County authorized the
individual to sign this agreement on Travis County's behalf and to bind Travis
County validly and legally to this agreement.
16.00 Duplicate Originals
16.01 This document maybe executed in duplicate originals.
Executed as of the later date set forth below.
TRAVIS COUNTY
By:
Samuel T. Biscoe, County Judge
Travis County, Texas
KERB COUNTY
By:
County Judge
Kerr County, Texas
Date: Date:
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Attachment A
ORDER REQUESTING AUTOPSY
I, ,Justice of the Peace, Precinct ,Kerr County, Texas, upon the authority
vested in me by law, hereby order an autopsy upon the body of:
Decedent's Full Legal" Name:
(From government issued ID)
Date of Death:
(Last) (First) (Middle)
I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to perform a post
mortem examination of the decedent and to remove and retain such organs, tissues, or fluids as may be necessary for
further study to determine cause and manner of death.
Please mail a copy of the report to:
Phone #: Fax #:
Email:
I further order the Travis County Medical Examiner to release the body to
upon completion of the autopsy.
Judge
Date
*Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services.
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ORDER REQUESTING AUTOPSY
I, Justice of the Peace, Precinct ,
County, Texas, upon the authority vested in me by law, hereby
order an autopsy upon the body of:
Decedent's Full Legal` Name:
(From government issued ID) (Last) (First) (Middle)
Date of Death:
I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to
perform a post mortem examination of the decedent and to remove and retain such organs,
tissues, or fluids as maybe necessary for further study to determine cause and manner of death.
Please mail a copy of the report to:
Phone #:
Email:
Fax #:
I further order the Travis County Medical Examiner to release the body to
upon completion of the autopsy.
Judge
Date
*Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services.
TRAVIS COUNTY MEDICAL EXAMINER'S OFFICE
STATE OF TEXAS
BUSINESS RECORDS AFFIDAVIT
Before me, the undersigned authority, personally appeared David Dolinak, M.D., known
to me to be the person whose name is subscribed to the foregoing instrument, and being first duly
sworn, deposed as follows:
"My name is David Dolinak, M.D., I am of sound mind, am over 21 years of age, am
capable of making this affidavit, and am personally acquainted with the facts herein stated:
I am the designated custodian of records on behalf of
of Peace) for records relating to the death of
affidavit is responsive to the request for
Attached hereto are:
pages of records from the Medical Examiner's Office;
number of photographs;
number of slide cuts; and/or
x-rays
other:
(Justice
(decedent) and this
The above checked items are records kept by the Travis County Medical Examiner's
Office in the regular course of business and it is the regular course of business of the Travis
County Medical Examiner's Office for an employee or representative of the Travis County
Medical Examiner's Office, with knowledge of the act event, condition, opinion, or diagnoses
recorded to make the record or transmit information thereof to be included in such record; and the
record was made at or near the time or reasonably soon thereafter. These are records that are in
the possession of the Travis County Medical Examiner's Office and are responsive to the above
referenced request.
Furthermore, the records attached hereto are the true and correct duplicates of the
originals.
Affiant,
David Dolinak, Chief Medical Examiner
SWORN TO AND SUBSCRIBED before me on the day of , 200
Notary Public, State of Texas
Printed Name:
My Commission Expires:
TRAVIS COUNTY
~,~Y °F T~ OFFICE OF THE MEDICAL EXAMINER
9G DAVID DOL>INAIC, i41.D.
G ~~ i~ / I~iplomeie of American Board of Pathoingy
~• N 1213 Sabine Street ~ CHIEF MEDICAL ExAMINER
~ ~`-~~! y PO Box 1748
T9 P BETI1 DEVGRY, RN,JD
T~ OF '~ Austin, TX 78767 CHIEF ADMINISTRATIVE OFFICER
Tel: (512) 854-9599
Fax: (512) 854-9044
April 22, 2008
Dear County Judge:
Our office heard from a number of counties that had questions and comments on the Interlocal
Agreements sent out in February. Based on the feedback we received, we have made some changes
to the Interlocal Agreement. The first change is in section 3.03. We changed the agreement so that
counries are required to send the required records 1a~hen requested by our office. We recognize that
not all of these records will be needed in each case. We also added that reasc»~able efforts must be
made to obtain the requested infornation. The second change is in section 3.04. Our office mn>>
charge a per day storage fee for every day beyond the 72 hours after the prelimgnary report is sent. If
your county is trying diligently to make efforts to transport the body from our facility, we do not
anticipate charging a storage fee. However, we can no longer hold bodies for weeks at a time. We
also changed section 3.O1 to clarify that a county judge, as well as a JP, can order an autopsy from
our office.
The last change is to the autopsy order itself. There will no longer be a checkbox for external
examination. To avoid confusion, it would be best to assume that if you refer a case. to our office it
will be autopsied unless the pathologist determines that an external examination is appropriate. In
that case, the pathologist will contact the JP prior to autopsy and discuss the possibility of performing
an external examination instead of full autopsy.
We have also had some questions raised about Section 6.01. We will continue to refer all public
information requests and subpoenas to the JP. Based on consultation with our County Attorney's
office, we have determined that the JP is the custodian of the record, even though our office maintains
the records. We have modified our business records affidavit to more clearly reflect that arrangement
and have attached a copy for your review. When a JP receives a subpoena, the JP will need to contact
our office and let us know what records they would like provided. Our office will prepare the records
and include a business records affidavit using the format in the attached affidavit. The records with
the attached affidavit will be sent to the JP for review and dissemination to the requestor.
The Interlocal Agreement accompanying this letter is the final version of the agreement. Please sign
the attached agreement and return it to:
Travis County Medical Examiner's Office
Interlocal Agreement
P.O. Box 1748
Austin, Texas 78767
If you have any questions, please feel free to contact me at (512) 854-6885 or by email at
beth.deverti'l~r~co.travis.t~.tts. I appreciate all the helpful feedback that we received. As always, we
look forward to working with your counties.
Sincerely,
~~
Beth Devery
Chief Administrative Officer
#30839
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 under Texas
Government Code chapter 791.
Agreement
Travis County and Kerr County mutually agree to the terms and conditions stated in this agreement.
1.0 Definitions
In this agreement:
1.01 "Autopsy" means a postmortem examination of the body of a person to determine
the cause of death or the nature of any pathological changes that may have
contributed to the death, or to identify the person. An autopsy includes, at the
discretion of the doctor performing the examination, an examination of the internal
organs and structures after dissection; an external examination of the body only;
taking or removing from a body organs, tissues and body fluids for examination;
taking x-rays and photographs; and toxicological analysis.
1.01 "Justice of the Peace" means any person lawfully holding the office of justice of the
peace in Kerr County.
1.02 "Medical Examiner" means the Travis County Medical Examiner, or his designee.
1.03 "Medical Examiner Testimony" means to provide expert testimony, on any autopsy
provided under this agreement, by the medical examiner or any member of the
medical examiner's staff.
2.0 Term
2.01 Initial Term. This agreement's initial term shall commence on the date on which
the last parry signs it and shall continue until September 30, 2008.
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2.02 Automatic Renewal. After that date, this agreement shall. automatically renew on
October 1, 2008 for an additional term of one (1) year, and shall automatically
renew- for additional terms of one (1) year on October 1 of each subsequent year
unless terminated under 10.0.
3.0 Kerr County Responsibilities
3.01 Authority to Order Services. A Justice of the Peace rr~ay request the Medical
Examiner to perform an autopsy or to provide any medical examiner testimony
that Kerr County needs. A County Judge operating under Texas Code of Criminal
Procedure article 49.07(c)(2) may also request the Medic;al Examiner to perform
an autopsy.
3.02 Written Request. A Justice of the Peace requesting an autopsy shall submit to the
Medical Examiner a signed order in the designated format o~ Attachment A. In
addition, the Justice of the Peace must contact the Medical Examiner a minimum of
one (1) hour before a body is delivered to notify the Medical Examiner that a body
will be arriving and to provide information about the decedent.
3.03 Required Records. Upon request, the Justice of the Peace requesting an autopsy
shall make reasonable efforts to send all investigative reports and photos to the
Medical Examiner within thirty (30) days of the Medical Examiner's receipt of the
body. Upon request, the Justice of the Peace shall make reasonable efforts to
provide the decedent's medical history, including the decedent's medical records, if
any, and a list of the decedent's medications by fax oar e-mail to the Medical
Examiner within forty-eight (48) hours of the Medical Examiner's receipt of the
body. In addition, where the body's identity is at issue, the Justice of the Peace is
responsible for obtaining the relevant dental and other potentially identifying records
to send to the Medical Examiner.
3.04 Rates. If a Justice of the Peace requests the Medical Examiner perform an autopsy,
Kerr County shall pay Travis County $2300 per body requiring an autopsy that
includes dissection and examination of internal organs, and $800 per body requiring
only an external examination. If Kerr County requires medical examiner testimony,
Kerr County shall pay Travis County anon-prorated $300 for the first three hours of
testimony, and anon-prorated $100 per hour for each subsequent hour of testimony.
Travis County may require Ken County to pay anon-prorated $35 per day for each
body that remains at the Travis County Forensic Center beyond seventy-two (72)
hours after the Medical Examiner has faxed Kerr County the preliminary findings
for an identified body.
3.05 Payment. Texas Government Code chapter 2251 governs payments to Travis
County for its medical examiner services.
~ 3.06 Responsibility for Claims. Ken County expressly agrees and acirnowledges that -
~~ O.Q4~~d {„~„ ,Kerr County shall be responsible for any and all claims, causes of action, suits,
J losses, damages, and liability of any kind, including all litigation expenses, court
-2-
costs, and attorney's fees, for any person's injury or death, or for damage to any
property arising in connection with the medical examiner services performed for
Kerr County under this agreement, other than for willful or malicious acts or
omissions by the medical examiner or any other Travis County officer, agent, or
employee, for which liability, if any, shall be determined under Texas law.
3.07 Kerr County reserves the right to seek medical examiner services from any other
source during the term of this agreement.
4.0 Travis County Responsibilities
4.01 Providing Medical Examiner Services. The Medical Examiner shall perform any
autopsy ordered by any Justice of the Peace, with certain exceptions outlined below.
The Medical Examiner may deny a request for services for the following reasons:
4.01.1 If at the time of the request the Medical Examiner determines there is a
compelling need to deny the request. For the purposes of this section,
"compelling need" includes a significant staff shortage, mass disaster, or
other emergency circumstance;
4.01.2 As one of the remedies outlined in Texas Government Code section
2251.051 for a governmental body's failure to pay a vendor;
4.01.3 If the request for medical examiner services does not comply with 3.02; or
4.01.4 If the Justice of the Peace did not comply with 3.03 in a previous request.
4.02 Reliance on Order. Travis County may rely on any order by any Justice of the
Peace as an authorized request of Kerr County.
4.03 Invoices. If Travis County provides medical examiner services to Kerr County,
Travis County shall invoice Kerr County at the rates in 3.04, or at the rates as
amended under 7.02. If Kerr County notifies Travis County that any invoice lacks
sufficient information and specifies what information is needed, Travis County shall
provide the additional information within ten (10) days of that notice.
5.0 Compliance with the Law
5.01 Kerr County and Travis County shall comply with all laws, rules, and regulations
applicable to this agreement.
6.0 Retention, Accessibility, and Audit of Records
6.01 Custodian. The Justice of the Peace who requests an autopsy under this agreement
is the custodian of the records generated by the Travis County Medical Examiner's
office in providing the autopsy.
6.02 Travis County Retention. Travis County shall maintain all records and
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documentation it generates in providing autopsies under this agreement in a readily
available state and location.
6.03 Access. Travis County shall give the requesting Justice of the Peace, or the judge's
duly authorized representative, access to and the right to examine all autopsy
records, reports, files, and other papers related to this agreement at reasonable times
and for reasonable periods. These rights to access shall continue as long as these
records are retained by Travis County. Travis County shall make copies and
certified copies of records, reports, files and other papers available to the requesting
Justice of the Peace, or the judge's duly authorized representatives, at no charge.
7.0 Amendments
7.01 Formal Process. Any change to this agreement's provisions, except for changes to
the rates in 3.04, shall be made in writing and signed by both parties. Kerr
County acknowledges that no Travis County officer, agent, employee, or
representative has any authority to change this agreement's provisions unless the
Travis County Commissioners Court expressly grants that authority. Travis County
acknowledges that no Kerr County officer, agent, employee, or representative has
any authority to change this agreement's provisions unless the Kerr County
Commissioners Court expressly grants that authority.
7.02 Amending 3.04 Rates. Travis County may amend the rates stated in 3.04 by sending
a notice of rate change under 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 under 11.0
stating that the change is unacceptable before its effective date, Kerr County shall
accept the rates stated in the notice of rate change and shall I>ay those rates for any
medical examiner services or medical examiner testimony that Travis County
provides after the effective date.
7.03 Kerr County Request. Kerr County shall submit all requests for changes to this
agreement to the Medical Examiner. The Medical Examiner shall present Kerr
County's requests to the Travis County Commissioners Court for consideration.
7.04 Travis County Request. Travis County shall submit all requests for changes to this
agreement to the Kerr County Judge. The Kerr County Judge shall present Travis
County's requests to the Kerr County Commissioners Court for consideration.
8.0 Payments from Current Revenues
8.01 Each party paying for the governmental functions or services shall make those
payments from current revenues available to the paying party.
9.0 Non-Waiver and Reservation of Remedies
9.01 Non-Waiver. Any act of forbearance by either party to enforce any of this
agreement's provisions shall not be construed as this agreement's modification or as
a waiver of the other party's concurrent or future breach or default. Either party's
-4-
failure 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 that party's remedies or rights under this agreement. Any right or
remedy stated in this agreement shall not preclude exercising any other right or
remedy, whether under this agreement, the law, or at equity; and neither shall any
action taken in exercising any right or remedy be deemed a waiver of any other
rights or remedies.
10.0 Termination
10.01 Either party may terminate this agreement at any time, with or without cause, by
giving the other party written notice of its intent to terminate at least thirty (30) days
prior to the termination's effective date.
10.02 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 that have not been paid for.
11.0 Notices
11.01 Notice Method. Any notice required or permitted to be given under this agreement
by one party to the other shall be in writing. If notice is delivered in person to the
appropriate address in 11.02 or 11.03, it shall be deemed to have been given
immediately. Alternatively, if notice is addressed to the appropriate address in
11.02 or 11.03 and placed in the United States mail, postage prepaid by registered or
certified mail with return receipt requested, it shall be deemed given on the third day
following mailing.
11.02 Travis County Address. Travis County's address for all purposes under this
agreement shall be:
Honorable Samuel T. Biscoe (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 David Escamilla (or his successor in office)
Travis County Attorney
P. O. Box 1748
Austin, Texas 78767-1748
and
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David Dolinak, M.D. (or his successor)
Travis County Medical Examiner
P. O. Box 1748
Austin, Texas 78767-1748
and
Cyd V. Grimes (or her successor)
Travis County Purchasing Agent
P.O. Box 1748
Austin, Texas 78767-1748
11.03 Address of Kerr County. The address of Kerr County for all purposes under this
agreement and for all notices shall be:
Honorable Pat Tinley (or successor in office)
Kerr County Judge, 70o Main street
Kerrville ,Texas ~gp2g
11.04 Change of Address. Each party may change the address for notice to it by giving
notice of the change under 11.01.
12.0 Assignability
12.01 Neither party may assign any of the rights or duties created by this agreement
without the other party's prior written approval. Kerr County acknowledges that no
Travis County officer, agent, employee or representative has any authority to grant
such assignment unless the Travis County Commissioners Court expressly grants
that authority. Travis County acknowledges that no Kerr County officer, agent,
employee or representative has any authority to change this agreement's provisions
unless the Kerr County Commissioners Court expressly grants that authority.
13.0 Entire Agreement.
13.01 This agreement and its attachment, incorporated here by reference and inclusion,
represent the entire agreement between the parties and supersedes all prior
representations, agreements, statements, and understandings relating to its subject
matter, whether verbal or in writing.
14.0 Interpretation of Contract
14.01 Law. This agreement shall be 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.
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14.03 Time Computation. 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 atherwise.
14.05 Headings. The headings at the beginning of this agreement's provisions 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. An individual signing this agreement on behalf of Kerr
County, or representing himself to be signing this agreement on Kerr County's
behalf, does hereby warrant and guarantee that Kerr County authorized the
individual to sign this agreement on Kerr County's behalf and to bind Kerr County
validly and legally to this agreement.
15.02 Travis County Signors. An individual signing this agreement on Travis County's
behalf, or representing himself to be signing this agreement on Travis County's
behalf, does hereby warrant and guarantee that Travis County authorized the
individual to sign this agreement on Travis County's behalf and to bind Travis
County validly and legally to this agreement.
16.00 Duplicate Originals
16.01 This document maybe executed in duplicate originals.
Executed as of the later date set forth below.
TRAVIS COUNTY
By:
Samuel T. Biscoe, County Judge
Travis County, Texas
KERB COUNTY
~`
By
~"~County Judge
Ke~~ nty, Texas
Date:
Date: `~~ / 2. - Z~ ~l
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Attachment A
ORDER REQUESTING AUTOPSY
I, ,Justice of the Peace, Precinct ,Kerr County, Texas, upon the authority
vested in me by law, hereby order an autopsy upon the body of:
Decedent's Full Legal Name:
(From government issued ID) (Last) (First) (Middle)
Date of Death:
I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to perform a post
mortem examination of the decedent and to remove and retain such organs, tissues, or fluids as may be necessary for
further study to determine cause and manner of death.
Please mail a copy of the report to:
Phone #: Fax #:
Email:
I further order the Travis County Medical Examiner to release the body to
upon completion of the autopsy.
Judge
Date
a
*Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services.
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ORDER REQUESTING AUTOPSY
I, Justice of the Peace, Precinct ,
County, Texas, upon the authority vested in me by law, hereby
order an autopsy upon the body of:
Decedent's Full Legal* Name:
(From government issued ID) (Last) (First) (Middle)
Date of Death:
I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to
perform a post mortem examination of the decedent and to remove and retain such organs,
tissues, or fluids as maybe necessary for further study to determine cause and manner of death.
Please mail a copy of the report to:
Phone #:
Email:
Fax #:
I further order the Travis County Medical Examiner to release the body to
upon completion of the autopsy.
Judge
Date
*Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services.
TRAVIS COUNTY MEDICAL EXAMINER' S OFFICE
STATE OF TEXAS
BUSINESS RECORDS AFFIDAVIT
Before me, the undersigned authority, personally appeared David Dolinak, M.D., known
to me to be the person whose name is subscribed to the foregoing instrument, and being first duly
sworn, deposed as follows:
"My name is David Dolinak, M.D., I am of sound mind, am over 2:1 years of age, am
capable of making this affidavit, and am personally acquainted with the facts herein stated:
I am the designated custodian of records on behalf of
of Peace) for records relating to the death of
affidavit is responsive to the request for
Attached hereto are:
pages of records from the Medical Examiner's Office;
number of photographs;
number of slide cuts; and/or
x-rays
other:
(Justice
(decedent) and this
The above checked items are records kept by the Travis County Medical Examiner's
Office in the regular course of business and it is the regular course of business of the Travis
County Medical Examiner's Office for an employee or representative of the Travis County
Medical Examiner's Office, with knowledge of the act event, condition, opinion, or diagnoses
recorded to make the record or transmit information thereof to be included in such record; and the
record was made at or near the time or reasonably soon thereafter. These are records that are in
the possession of the Travis County Medical Examiner's Office and are responsive to the above
referenced request.
Furthermore, the records attached hereto are the true and correct: duplicates of the
originals.
Affiant,
David Dolinak, Chief Medical Examiner
SWORN TO AND SUBSCRIBED before me on the day of , 200_
Notary Public, State of Texas
Printed Name: i
My Commission Expires:
#30839
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 under Texas
Government Code chapter 791.
Agreement
Travis County and Kerr County mutually agree to the terms and conditions stated in this agreement.
1.0 Definitions
In this agreement:
1.01 "Autopsy" means a postmortem examination of the body of a person to determine
the cause of death or the nature of any pathological changes that may have
contributed to the death, or to identify the person. An autopsy includes, at the
discretion of the doctor performing the examination, an examination of the internal
organs and structures after dissection; an external examination of the body only;
taking or removing from a body organs, tissues and body fluids for examination;
taking x-rays and photographs; and toxicological analysis.
1.01 "Justice of the Peace" means any person lawfully holding the office of justice of the
peace in Kerr County.
1.02 "Medical Examiner" means the Travis County Medical Examiner, or his designee.
1.03 "Medical Examiner Testimony" means to provide expert testimony, on any autopsy
provided under this agreement, by the medical examiner or any member of the
medical examiner's staff.
2.0 Term
2.01 Initial Term. This agreement's initial term shall commence on the date on which
the last party signs it and shall continue until September 30, 2008.
2.02 Automatic Renewal. After that date, this agreement shall automatically renew on
October 1, 2008 for an additional term of one (1) year, and shall automatically
renew for additional terms of one (1) year on October 1 of each subsequent year
unless terminated under 10.0.
3.0 Kerr County Responsibilities
3.01 Authority to Order Services. A Justice of the Peace may request the Medical
Examiner to perform an autopsy or to provide any medical examiner testimony
that Kerr County needs. A County Judge operating under Texas Code of Criminal
Procedure article 49.07(c)(2) may also request the Medical Examiner to perform
an autopsy.
3.02 Written Request. A Justice of the Peace requesting an autopsy shall submit to the
Medical Examiner a signed order in the designated format of Attachment A. In
addition, the Justice of the Peace must contact the Medical Examiner a minimum of
one (1) hour before a body is delivered to notify the Medical Examiner that a body
will be arriving and to provide information about the decedent.
3.03 Required Records. Upon request, the Justice of the Peace requesting an autopsy
shall make reasonable efforts to send all investigative reports and photos to the
Medical Examiner within thirty (30) days of the Medical Examiner's receipt of the
body. Upon request, the Justice of the Peace shall make reasonable efforts to
provide the decedent's medical history, including the decedent's medical records, if
any, and a list of the decedent's medications by fax or e-mail to the Medical
Examiner within forty-eight (48) hours of the Medical Examiner's receipt of the
body. In addition, where the body's identity is at issue, the Justice of the Peace is
responsible for obtaining the relevant dental and other potentially identifying records
to send to the Medical Examiner.
3.04 Rates. If a Justice of the Peace requests the Medical Examiner perform an autopsy,
Kerr County shall pay Travis County $2300 per body requiring an autopsy that
includes dissection and examination of internal organs, and $800 per body requiring
only an external examination. If Kerr County requires medical examiner testimony,
Kerr County shall pay Travis County anon-prorated $300 for the first three hours of
testimony, and anon-prorated $100 per hour for each subsequent hour of testimony.
Travis County may require Kerr County to pay anon-prorated $35 per day for each
body that remains at the Travis County Forensic Center beyond seventy-two (72)
hours after the Medical Examiner has faxed Kerr County the preliminary findings
for an identified body.
3.05 Payment. Texas Government Code chapter 2251 governs payments to Travis
County for its medical examiner services.
~ 3.06 Responsibility for Claims. Kerr County expressly agrees and acknowledges that -
~~ ~~~~~ ~ Qc~:.%JKerr County shall be responsible for any and all claims, causes of action, suits,
losses, damages, and liability of any kind, including all litigation expenses, court
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costs, and attorney's fees, for any person's injury or death, or for damage to any
property arising in connection with the medical examiner services performed for
Kerr County under this agreement, other than for willful or malicious acts or
omissions by the medical examiner or any other Travis County officer, agent, or
employee, for which liability, if any, shall be determined under Texas law.
3.07 Kerr County reserves the right to seek medical examiner services from any other
source during the term of this agreement.
4.0 Travis County Responsibilities
4.01 Providing Medical Examiner Services. The Medical Examiner shall perform any
autopsy ordered by any Justice of the Peace, with certain exceptions outlined below.
The Medical Examiner may deny a request for services for the following reasons:
4.01.1 If at the time of the request the Medical Examiner determines there is a
compelling need to deny the request. For the purposes of this section,
"compelling need" includes a significant staff shortage, mass disaster, or
other emergency circumstance;
4.01.2 As one of the remedies outlined in Texas Government Code section
2251.051 for a governmental body's failure to pay a vendor;
4.01.3 If the request for medical examiner services does not comply with 3.02; or
4.01.4 If the Justice of the Peace did not comply with 3.03 in a previous request.
4.02 Reliance on Order. Travis County may rely on any order by any Justice of the
Peace as an authorized request of Kerr County.
4.03 Invoices. If Travis County provides medical examiner services to Kerr County,
Travis County shall invoice Kerr County at the rates in 3.04, or at the rates as
amended under 7.02. If Kerr County notifies Travis County that any invoice lacks
sufficient information and specifies what information is needed, Travis County shall
provide the additional information within ten (10) days of that notice.
5.0 Compliance with the Law
5.01 Kerr County and Travis County shall comply with all laws, rules, and regulations
applicable to this agreement.
6.0 Retention, Accessibility, and Audit of Records
6.01 Custodian. The Justice of the Peace who requests an autopsy under this agreement
is the custodian of the records generated by the Travis County Medical Examiner's
office in providing the autopsy.
6.02 Travis County Retention. Travis County shall maintain all records and
-3-
documentation it generates in providing autopsies under this agreement in a readily
available state and location.
6.03 Access. Travis County shall give the requesting Justice of the Peace, or the judge's
duly authorized representative, access to and the right to examine all autopsy
records, reports, files, and other papers related to this agreement at reasonable times
and for reasonable periods. These rights to access shall continue as long as these
records are retained by Travis County. Travis County shall make copies and
certified copies of records, reports, files and other papers available to the requesting
Justice of the Peace, or the judge's duly authorized representatives, at no charge.
7.0 Amendments
7.01 Formal Process. Any change to this agreement's provisions, except for changes to
the rates in 3.04, shall be made in writing and signed by both parties. Kerr
County acknowledges that no Travis County officer, agent, employee, or
representative has any authority to change this agreement's provisions unless the
Travis County Commissioners Court expressly grants that authority. Travis County
acknowledges that no Kerr County officer, agent, employee, or representative has
any authority to change this agreement's provisions unless the Kerr County
Commissioners Court expressly grants that authority.
7.02 Amending 3.04 Rates. Travis County may amend the rates stated in 3.04 by sending
a notice of rate change under 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 under 11.0
stating that the change is unacceptable before its effective date, Kerr County shall
accept the rates stated in the notice of rate change and shall pay those rates for any
medical examiner services or medical examiner testimony that Travis County
provides after the effective date.
7.03 Kerr County Request. Kerr County shall submit all requests for changes to this
agreement to the Medical Examiner. The Medical Examiner shall present Kerr
County's requests to the Travis County Commissioners Court for consideration.
7.04 Travis County Request. Travis County shall submit all requests for changes to this
agreement to the Kerr County Judge. The Kerr County Judge shall present Travis
County's requests to the Kerr County Commissioners Court for consideration.
8.0 Payments from Current Revenues
8.01 Each party paying for the governmental functions or services shall make those
payments from current revenues available to the paying party.
9.0 Non-Waiver and Reservation of Remedies
9.01 Non-Waiver. Any act of forbearance by either party to enforce any of this
agreement's provisions shall not be construed as this agreement's modification or as
a waiver of the other party's concurrent or future breach or default. Either party's
-4-
failure 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 that party's remedies or rights under this agreement. Any right or
remedy stated in this agreement shall not preclude exercising any other right or
remedy, whether under this agreement, the law, or at equity; and neither shall any
action taken in exercising any right or remedy be deemed a waiver of any other
rights or remedies.
10.0 Termination
10.01 Either party may terminate this agreement at any time, with or without cause, by
giving the other party written notice of its intent to terminate at least thirty (30) days
prior to the termination's effective date.
10.02 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 that have not been paid for.
11.0 Notices
11.01 Notice Method. Any notice required or permitted to be given under this agreement
by one party to the other shall be in writing. If notice is delivered in person to the
appropriate address in 11.02 or 11.03, it shall be deemed to have been given
immediately. Alternatively, if notice is addressed to the appropriate address in
11.02 or 11.03 and placed in the United States mail, postage prepaid by registered or
certified mail with return receipt requested, it shall be deemed given on the third day
following mailing.
11.02 Travis County Address. Travis County's address for all purposes under this
agreement shall be:
Honorable Samuel T. Biscoe (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 David Escamilla (or his successor in office)
Travis County Attorney
P. O. Box 1748
Austin, Texas 78767-1748
and
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David Dolinak, M.D. (or his successor)
Travis County Medical Examiner
P. O. Box 1748
Austin, Texas 78767-1748
and
Cyd V. Grimes (or her successor)
Travis County Purchasing Agent
P.O. Box 1748
Austin, Texas 78767-1748
11.03 Address of Kerr County. The address of Kerr County for all purposes under this
agreement and for all notices shall be:
Honorable Pat Tinley (or successor in office)
Kerr County Judge, 700 Main street
Kerrville ,Texas 78028
11.04 Change of Address. Each party may change the address for notice to it by giving
notice of the change under 11.01.
12.0 Assignability
12.01 Neither party may assign any of the rights or duties created by this agreement
without the other party's prior written approval. Kerr County acknowledges that no
Travis County officer, agent, employee or representative has any authority to grant
such assignment unless the Travis County Commissioners Court expressly grants
that authority. Travis County acknowledges that no Kerr County officer, agent,
employee or representative has any authority to change this agreement's provisions
unless the Kerr County Commissioners Court expressly grants that authority.
13.0 Entire Agreement.
13.01 This agreement and its attachment, incorporated here by reference and inclusion,
represent the entire agreement between the parties and supersedes all prior
representations, agreements, statements, and understandings relating to its subject
matter, whether verbal or in writing.
14.0 Interpretation of Contract
14.01 Law. This agreement shall be 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.
-6-
14.03 Time Computation. 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 Ken 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 this agreement's provisions 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. An individual signing this agreement on behalf of Ken
County, or representing himself to be signing this agreement on Ken County's
behalf, does hereby warrant and guarantee that Ken County authorized the
individual to sign this agreement on Ken County's behalf and to bind Ken County
validly and legally to this agreement.
15.02 Travis County Signors. An individual signing this agreement on Travis County's
behalf, or representing himself to be signing this agreement on Travis County's
behalf, does hereby warrant and guarantee that Travis County authorized the
individual to sign this agreement on Travis County's behalf and to bind Travis
County validly and legally to this agreement.
16.00 Duplicate Originals
16.01 This document maybe executed in duplicate originals.
Executed as of the later date set forth below.
TRAVIS COUNTY
KERR COUNTY
By: By.
Samuel T. Biscoe, County Judge "'~ County Judge
Travis County, Texas Kerr County, Texas
Date: ..S• ~• 7 - p~ Date: `~-~ / 2. - Z~ j~
-~-
Attachment A
ORDER REQUESTING AUTOPSY
I, ,Justice of the Peace, Precinct ,Kerr County, Texas, upon the authority
vested in me by law, hereby order an autopsy upon the body of:
Decedent's Full Legal Name:
(From government issued ID) (Last) (First) (Middle)
Date of Death:
I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to perform a post
mortem examination of the decedent and to remove and retain such organs, tissues, or fluids as may be necessary for
further study to determine cause and manner of death.
Please mail a copy of the report to:
Phone #: Fax #:
Email:
I further order the Travis County Medical Examiner to release the body to
upon completion of the autopsy.
Judge
Date
Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services.
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