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HomeMy WebLinkAbout6.d. Pharmaceutical Drug Disposal Program Joint Powers Agreement R t...l���v1CJl..�NT EXECUTIVE SUMMARY CITY tOUNGIL City Council Meeting: May 15, 2012 AGENDA ITEM: Pharmaceutical Drug Disposal Program AGENDA SECTION: Joint Powers Agreement Consent PREPARED BY: Gary D. Kalstabakken, Chief of Pol' GENDA NO. t0 •� • i ATTACHMENTS: Joint Powers Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve a resolution authorizing the Mayor to sign a Joint Powers Agreement with Dakota County for participation in the Pharmaceutical Drug Disposal Program. ISSUE The disposal of expired, unwanted and unused pharmaceutical medications has been identified as an incYeasing problem. Many medications are inappropriately discaxded in the trash or flushed into the sewer system. An alternarive method fox the disposal of pharmaceutical medications is desired fox the community. BACKGROUND A program utilizing drop boxes at collection sites for pharmaceutical medication has been developed by the Dakota County Sheriff's Office and Dakota County Envixonmental Management. This program is a partnership with the Police Departments within Dakota County. Sites in Burnsville, West Saint Paul and Hastings have been operational for several months and have proven to be effective for collecting phaxmaceutical drugs. The County staff is now ready to expand the program to other cities. A Joint Powers Agreement has been drafted to delineate the Yoles and responsibilities of the County and the City. This JPA has been reviewed and approved by City Attorney LeFevere and the Police Depaxtment is willing to perfoYm the duties associated with the program. RECOMMENDATION Staf£ recommends that the Council approve a resolution authoring the Mayor to execute a JPA for the City of Rosemount to participate in the Pharmaceurical Drug Disposal Progxam. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2012- RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ROSEMOUNT ON BEHALF OF ITS CITY PROSECUTING ATTORNEY WHEREAS, the City of Rosemount desires to enter into a Joint Powers Agreements with the County of Dakota to establish a pharmaceutical drug disposal program, NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Rosemount, Minnesota as follows: 1. That the Joint Powers agreement between Dakota County and the City of Rosemount is hereby approved. Copies of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Mayor, William Dxoste, or his successoz, is designated the Authoxized Representarive for the City of Rosemount. The Authorized Representative is also authoxized to sign any subsequent amendment ox agxeement that may be xequired. 3. That the Police Lieutenant, Jewel Ericson, or his successor, is designated as the liaison for the City of Rosemount for the purposed of the Joint Powers Agreement. 4. That William Droste, the Mayor for the Ciry of Rosemount, and Amy Domeier, the City Clerk, are authorized to sign the Joint Powers Agreement. ADOPTED this 15th day of May, 2012 by the City Counci.l of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk ATTACHMENT A Dakota County Contract # JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF ROSEMOUNT FOR PHARMACEUTICAL DRUG DISPOSAL PROGRAM WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County ("County") is a political subdivision of the State of Minnesota; and WHEREAS, the City of Rosemount ("City") is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the nonmedical use of and disposal of prescription drugs are growing problems in the United States; and WHEREAS, expired or unwanted prescriptions or over-the-counter medications from households have traditionally been disposed of by flushing them down the toilet or drain which can cause pollution in wastewater and which has been demonstrated to cause adverse effects to fish and other aquatic life; and 'WHEREAS, prescription drugs are highly susceptible to diversion, misuse and abuse; and WHEREAS, according to the 2009 National Survey on Drug Use and Health, more Americans currently abuse prescription drugs than the number of those using cocaine, hallucinogens, and heroin combined; and WHEREAS, studies show that people who abuse prescription drugs often obtain them from family and friends, including from the home medicine cabinet; and WHEREAS, medications are also a significant cause of accidental poisoning and death; and WHEREAS, removing expired or unwanted prescriptions or over-the-counter medications (coltectively referred to herein as "pharmaceutical drugs") from the possibility of potential abuse and keeping them out of the environment is an important goal; and WHEREAS, the parties desire to establish a pharmaceutical drug disposal program to facilitate the collection and proper disposal of unused, unwanted, or expired pharmaceutical drugs, including controlled substances, by installing a secure drop box at the Rosemount Police Department (Program). NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of the Program. SECTION 2 PARTIES The parties to this Agreement are Dakota County, Minnesota (County) and the City of Rosemount, Minnesota (City). SECTION 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shali remain in effect until December 31, 2017, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 OBLIGATtONS OF PARTIES 5.1 DROP OFF BOX. A. Purchase, Installation and Maintenance. • The County shall select and purchase an appropriate drop box for conducting the Program. • The County will provide signage for the drop box. • The City shall allow the installation of the drop box at the Rosemount Police Department for the collection of pharmaceutical drugs, including controlled substances, from members of the public. • The County, in consultation with the City, shall select and contract with a contractor to install the drop box at the Rosemount Police Department. • The exact placement of the drop box at the Rosemount Police Department shall be in a secure location agreed to between the County and City. • The costs associated with the purchase of the drop box, the signage for the drop box, and the installation thereof shall be the responsibility of the County. • For purposes of installing the drop box, the City hereby permits the County, its employees, duly authorized representatives, agents and contractors to enter upon and have rights of ingress and egress over and access at reasonable times to the City property on which the drop box will be located. • The City shall be responsible for the maintenance of the drop box and the costs thereof. The City shall notify the County as soon as practicable if the drop box is damaged and shall immediately cease use of the drop box if the damage compromises the security and/or safety of the drop box. B. Collection, Monitoring and Staffing. • Use of the drop box must be available to the public 24 hours per day, 7 days a week. • The drop box must be monitored by licensed peace o�cers employed by the City. • The City, through the use of its licensed peace officers, is responsible for collecting and packaging pharmaceutical drugs collected in the drop box. The County shall provide to the City, at County expense, containers for packaging the collected pharmaceutical drugs. • The City shall be responsible for picking up any containers and any other supplies being provided by the County under the terms of this Agreement at a mutually agreed upon location. • After removing the collected pharmaceutical drugs from the drop box, licensed peace o�cers of the Rosemount Police Department shall store the collected pharmaceutical drugs in a secure location at the police department until the pharmaceutical drugs are either properly disposed of or transferred to the Dakota County Sheriff's Office or another mutually agreed upon law enforcement agency for storage or disposal. • The County and the City will develop a mutually agreed upon chain of custody process to document the transfer and disposal of containers of collected pharmaceutical drugs. • The costs associated with monitoring the drop off box and collecting/packaging/storing the collected pharmaceutical drugs shall be the responsibility of the City. 2 5.2 DISPOSAL OF COLLECTED PHARMACEUTICAL DRUGS. • The City, through the use of licensed peace officers, is responsible for transporting the coilected pharmaceuticai drugs to the Dakota County Sheriff's Office or to another mutually agreed upon law enforcement agency to relinquish the collected pharmaceutical drugs for the purpose of disposal. The City shall be responsible for the costs associated with said transportation. Prior to relinquishing possession of the collected pharmaceutical drugs, the City shall record the weight of the pharmaceuticals and the number of containers given to the Dakota County Sheriffs Office (or to another mutually agreed upon law enforcement agency) for disposal and shall report it to the County's liaison. • The County shall select disposal contractors for the disposal of the collected pharmaceutical drugs. The final method of disposal will be by incineration at a licensed/permitted incinerator located within the State of Minnesota. The County is responsible for the costs of disposal of the collected pharmaceutical drugs. 5.3 COLLECTION AND DISPOSAL OF UNACCEPTABLE WASTES. • The following wastes will not be accepted for collection in the drop box: sharps; thermometers; cancer medications (chemotherapy or radioactive pharmaceutical wastes); and medical waste or items contaminated with bodily fluids (e.g., bandaging, empty IV bags, etc.). • If any such unacceptable wastes or other hazardous material are collected in the drop box, the City is responsible for initially managing these wastes by removing them from the drop box and packaging them in appropriate containers. The County will provide to the City, at County expense, containers for packaging these unacceptabie wastes. • The City shall be responsible for bringing these unacceptable wastes to the Dakota County Recyciing Zone, 3365 Dodd Rd, Eagan, or to another mutually agreed upon location. • The County, at County expense, will properly dispose of these unacceptable wastes. 5.4 OTHER DUTIES OF THE COUNTY. The County has the following additional duties under this Agreement: • Provide any necessary technical assistance to the City. • Provide notification to the Minnesota Pollution Control Agency of the Program. • On an annual basis, report to the Minnesota Pollution Control Agency the amount of pharmaceutical drugs disposed of under the terms of this Agreement. • Aid in the design of promotional material for the Program. : Obtain any necessary approval from or provide appropriate notification to the U.S. Drug Enforcement Administration Program in accordance with federal law. 5.5 OTHER DUTIES OF THE CtTY. The City has the following additional duties under this Agreement: • The City shall be responsible for the management of any trash (e.g., cans, bottles, paper bags, etc.) collected in the drop box, including the disposal thereof. • The City is responsible for local promotion of the pharmaceutical collection program using content provided by the County. 5.6 COSTS OF EMPLOYEES. In carrying out their respective obligations under this Agreement, each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 5.7 COMPLIANCE WITH LAWS/STANDARDS. The City and County shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations in conducting the Program. 5.8 ACKNOWLEDGMENT. The County and City shall appropriately acknowledge each other in any promotional materials, signage, reports, publications, notices, and presentations relating to the Program. This section shall survive the expiration or termination of this Agreement. 3 5.9 PROPERTY OWNERSHIP AND REMOVAL OF DROP BOX. Upon expiration or termination of this Agreement, the drop box installed under the terms of this Agreement shall be the sole property of the County and shall be removed by the County at its expense. The County will restore the property on which the drop box was located to as close to its original condition as is reasonably possible under the circumstances. For purposes of removing the drop box and performing any necessary restoration, the City hereby permits the County, its employees, duly authorized representatives, agents and contractors to enter upon and have rights of ingress and egress over and access at reasonable times to the City property on which the drop box is located. SECTION 6 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Ciaims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 7 AUTHORIZED REPRESENTATfVES AND LIAISONS 7.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Dave Bellows or successor Dakota County Sheriff Law Enforcement Center 1580 Hwy. 55 Hastings, MN 55033 TO THE CITY: William Droste or successor, Mayor City of Rosemount 2875 145 Street West Rosemount, MN 55068 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 7.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties sha11 keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison City Liaison Laura Villa Jewel Ericson Telephone: (952} 891-7548 Te{ephone: (651) 423-4491 Email:laura.villa@co.dakota.mn.us Email: jewel.ericson@ci.rosemount.mn.us 4 SECTION 8 TERMINATION 8.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving 90 days' written notice, of +ts intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a materiai breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 8.2 TERMINATION FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a fevel sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the terminating party to the other party by facsimile is su�cient notice under this section. The terminating party is not obligated to pay for any services that are provided after written notice of termination for lack of funding. Neither party will be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 9 GENERAL PROVISIONS 9.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 9.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to pertorm due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. . 9.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. AI1 remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unfess stated to be such in writing and signed by authorized representatives of the County and the City. 9.4 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 9.5 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of co�flict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions af this section shall survive the expiration or termination of this Agreement. 5 9.6 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 9.7 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shaff not affect the validity and enforceability of the remainder of this Agreement uniess the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY By Assistant County Attorney/Date Dave Bellows, Sheriff KS-12-130- Dakota County Sheriffs Office County Board Res. No. 12- Date of Signature: CITY OF By , Mayor Date of Signature: By , City Clerk Date of Signature: 6