a28 7-~
MEMORANDUM OF AGREEMENT
Between
Texas Department of State Health Services
And
-Kerr County Recipient
L 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
82]67-1
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 regulaticns.
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 T i n l e y
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.
Name of Recipient
r-- ~• ,; ~
_ , ~ t~-t~
Signing on Beha of the S ate
~~~-~~ ~ ~
Signing on Behalf of Recipient `'~--
Titl/e~of the Signatory
Date Signed 1
Title of he Signatory
Date Signed

82167-I