ORDER N0.28733 TEXAS DEPARTMENT OF HEALTH Came to be heard this the 26~h day of July 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 3-0-0 to memorandum of agreement between Texas Department of Health and Derr County concerning receipt, storage, delivery and transfer of medical material from the Strategic National Stockpile. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley r OFFICE: County Judge.-~ MEETING DATE: July 26, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss memorandum of agreement between Texas Department of Health and Kerr County concerning receipt, storage, delivery and transfer of medical material from the Strategic National Stockpile. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge 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: 5:00 P.M. previous Tuesday. 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. ~~®~~~~~~~~~PTM Texas Department of Health Eduardo J. Sanchez, M.D., M.P.H. Commissioner of Health 1100 West 49m Street Austin, Texas 78756-3199 Ben Delgado Chief Operating Officer July 21, 2004 Judge Pat Tinley Commissioners' Court Kerr County Dear Gentlemen, htty:~~www. td h. state. ta. u s 1-888-963-7111 Nick Curry, M.D., M.P_H. Executive Deputy Commissioner I would like to give you a brief overview of the Emergency Preparedness plan, to date, for Ken County in the event of a national emergency. The selected site for mass distribution of either antibiotics or vaccinations is the Kerr County Agricultural Center for which you have already agreed. The site would stand for five to seven days, or until our 44,000 plus residents received medication. The medications will be securely stored at the Ken County Jail facility as per Sheriff Hierholzer's OK. We have a written Memorandum of Understanding between Sid Peterson, Kerrville Veterans and Kerrville State hospitals in regards to housing of a Medical Operations Center. (for medical guidance during a disaster) Currently we are recruiting licensed medical personnel in our community to volunteer when needed, with training to be done in the future. We continue to work with Mark Beavers, Kerrville EMS and local hospitals in regards to this task. Attached, for your signature, is an agreement between the Texas Department of Health and Ken County in regards to handling the medications or Strategic National Stockpile in any future event. This agreement allows us to move forward with plans to protect the citizens of our community, whether it be a radiological, smallpox or anthrax event. Respectfully submitted, `''rn1 C tie ~ 1,°~-(~G~:-l~v Micheel Valdez, LVN ~~, ~~ ~~ r Sherry Hayes, RN 819 Water, Ste. 290 Kerrville, Texas 78028 830-896-5515 MEMORANDUM OF AGREEMENT Between The Texas Department of Health And Kerr County Recipient Purpose To effectively respond to acts of terrorism or other public health emergencies, the State of Texas agrees to designate a delivery site and transfer medical materiel from the Strategic National Stockpile (SNS) to Kerr County for use in responding to acts of terrorism. The State of Texas and Kerr County agree to the terms, conditions, and responsibilities expressed in this agreement. II. Definitions A. SNS Medical Materiel. For purposes of this agreement, SNS medical materiel is defined as antibiotics, antidotes, medical supplies and equipment, and certain controlled substances, which may be used by the State to respond to an attack of terrorism or other public health emergency. In addition, SNS medical materiel includes, but is not limited to ventilators, and portable suction units; equipment designed to support deployment and maintenance of the SNS such as specialized cargo containers and portable refrigeration units. B. Unused SNS Medical Materiel. For purposes of this agreement, unused SNS medical materiel is defined as SNS medical materiel that is unused and unopened, and that has not been exposed to temperatures below 46 degrees Fahrenheit or above 86 degrees Fahrenheit (as recorded on temperature monitoring devices within each SNS specialized cargo container). In addition, unused SNS medical materiel includes, but is not limited to ventilators and portable suction units; equipment designated to support deployment and maintenance 82167-1 of the SNS such as specialized cargo containers, portable refrigeration units, regardless of the extent of their use. III. Responsibilities A. State of Texas The State agrees to request delivery of the SNS medical materiel and to cooperate with the CDC (Center for Disease Control) in designating a receiving site. 2. The State acknowledges that upon delivery of the SNS medical materiel to the designated receiving site, it is responsible for storing, organizing, repackaging, and distributing the SNS medical materiel to the treatment or post-exposure prophylaxis dispensing sites. The State of Texas agrees to deliver to a delivery site designated by the Recipient and the State, medical materiel from the SNS. With the SNS medical materiel, the State of Texas will provide a manifest, handling instructions, and State of Texas treatment guidelines for the use of antibiotics and handling of the controlled substances. The responsibility of the State of Texas terminates upon delivery of the SNS medical materiel to the designated delivery site and the execution of a signed transfer of the medical materiel to an authorized official of the recipient. 4. The State is responsible for maintaining the physical security and integrity of the SNS medical materiel while under state custody. The State, therefore, agrees to comply with the handling instructions provided by the CDC, as well as applicable federal laws and regulations. B. Recipient Recipient agrees, that upon delivery of the SNS medical materiel, Recipient is responsible for maintaining the physical security and integrity 82167-1 of the SNS medical materiel. Recipient agrees to comply with the handling instructions provided by the State of Texas, and applicable federal and State of Texas laws and regulations. Recipient further agrees to comply with State of Texas treatment guidelines for the use of antibiotics and handling of the controlled substances. 2. Recipient agrees to provide SNS medical materiel free-of-charge to patients including those that are undocumented. 3. Recipient agrees to be responsible for storing unused medical materiel in accordance with the handling instructions provided by State of Texas and applicable federal and State of Texas laws and regulations. 4. Recipient agrees not to disclose this agreement, to the extent allowed by law. 5. The CDC retains title to all unused SNS medical materiel or portions thereof. Recipient agrees to assist CDC and the State of Texas to minimize the cost and time needed to reconstitute the SNS by recovering all unused SNS medical materiel. 6. Recipient agrees to assist the State of Texas in reassembling locally at no cost to the CDC, all unused SNS medical materiel for return shipment to storage, at CDC expense, upon request of the CDC. 7. The State of Texas will provide a complete inventory manifest of all SNS medical materiel delivered to the recipient. Recipient agrees to maintain and provide copies of, or access to, records accounting for SNS medical materiel received, used, returned, or disposed of, to the CDC and to the State of Texas. 82167-1 VI. Duration of the Agreement This agreement shall remain in place until otherwise agreed to by the parties. The agreement may be terminated at any time, given 120 days advance written notice from either party. VII. Amendments This agreement, or any of its specific provisions, may be amended by signature approval or both of the parties signatory hereto, or their respective designee. VIII. Points of Contact For Recipient: Pat Tin 1 e For the State: Stephen P. Hannemann_ TDH _7430 Louis Pasteur, San Antonio, Tx. 78229 XI. Capacity to Enter into Agreement The persons executing this Memorandum of Agreement on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this Memorandum of Agreement on behalf of the entity for which they sign. I~-e rY 1~:~.~ ~-~.. Name of Recipient `Sign g Behalf of Recipient Title of the Signatory ~~~ ~~ ~~ ~ Date Signed ~ Signing on Behalf of the State Title of the Signatory Date Signed 82167-1