HomeMy WebLinkAbout6.d. Pharmaceutical Drug Disposal Program Joint Powers Agreementa-%1XOSEMOU T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: February 19th, 2013
AGENDA ITEM: Pharmaceutical Drug Disposal Program
AGENDA SECTION:
Joint Powers Agreement
Consent
PREPARED BY: Eric T. Werner, Chief of Police U"
AGENDA NO. �.
ATTACHMENTS: Joint Powers Agreement and Resolution
APPROVED BY: pal
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 medication has been identified as an
increasing problem. Many medications are inappropriately discarded in the trash or flushed into the sewer
system. Medications are also frequently illegally or inappropriately used. An alternative method for the
disposal of pharmaceutical medication is desired for 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 Environmental Management. This program is a
partnership with the Police Departments within Dakota County. Sites in Burnsville, West St. Paul and
Hastings have been operational for several months and have proven to be effective for collecting
pharmaceutical drugs. The County staff is now ready to expand the program to other cities.
A Joint Powers Agreement has been drafted to delineate the roles and responsibilities of the County and
the City. The Joint Powers Agreement has been reviewed and approved by City Attorney Lefevere and the
Police Department is willing to perform the duties associated with the program.
RECOMMENDATION
Staff recommends the Council approve a resolution authorizing the Mayor to execute a Joint Powers
Agreement for the City of Rosemount to participate in the Pharmaceutical Drug Disposal Program.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013-
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 City 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 Droste, or his successor, is designated the Authorized
Representative for the City of Rosemount. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required.
3. That the Police Chief, Eric Werner, 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 City of Rosemount, and Amy Domeier, the City
Clerk, are authorized to sign the Joint Powers Agreement.
ADOPTED this 19th day of February, 2013 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Dakota County Contract #C0024594
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") and the City of Rosemount ( "City ") are political subdivisions 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 (collectively 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 City desires to establish a pharmaceutical drug disposal program to facilitate the collection and
proper disposal of unused, unwanted, or expired pharmaceutical drugs, including controlled substances ( "Program ") and
the County desires to provide assistance for the 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 shall remain in effect
until December 31, 2015, 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
OBLIGATIONS OF THE PARTIES
5.1 RESPONSIBILITIES OF THE PARTIES.
A. Program Approval and Reporting Requirements.
• The City shall obtain any necessary approvals from the Minnesota Pollution Control Agency
( "MPCA ") for conducting the Program, including obtaining a hazardous waste generator number if
necessary.
• In accordance with federal law, the City shall obtain any necessary approvals from the U.S. Drug
Enforcement Administration Program ( "DEK) for conducting the Program.
• The City shall obtain any necessary approvals from the Minnesota Board of Pharmacy ( "MBP ")
for conducting the Program.
• The City is responsible for generating and filing any necessary reports with the MPCA, the DEA,
and the MBP, or with any other local, state, or federal government or agency as required by any
applicable law, statute, ordinance, rule or regulation.
B. Drop Box.
• The City will install a drop box in a secure location at the City's Police Department. The costs
associated with installing the drop box shall be the responsibility of the City.
• If requested by the City, the County, through its Communications Department and Sheriffs Office,
will provide signage for the drop box consistent with signage provided by the County to other
cities participating in the Program.
• The City shall be responsible for the maintenance of the drop box and the costs thereof.
C. Collection, Monitoring and Transportation to Dakota County Drug Task Force.
• The drop box must be monitored by licensed peace officers 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 packaging must be of a type that
is appropriate for the waste and will be accepted by the incinerator selected by the County
pursuant to Section 5.1(E) of this Agreement.
• The costs associated with monitoring the drop box and collecting /packaging /storing the collected
pharmaceutical drugs shall be the responsibility of the City.
• After removing the collected pharmaceutical drugs from the drop box, licensed peace officers of
the City's 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 Drug Task Force for disposal.
• The City, through the use of licensed peace officers employed by the City, is responsible for
transporting the collected pharmaceutical drugs to the Dakota County Drug Task Force 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
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the number of containers given to the Dakota County Drug Task Force and shall report this
information to the County's liaison.
• 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.
D. 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 managing these wastes by removing them from the drop box and
packaging them in appropriate containers.
• The City shall be responsible for bringing sharps, thermometers and cancer medications to the
Dakota County Recycling Zone, 3365 Dodd Rd, Eagan, or to another mutually agreed upon
location. The County, at County expense, will properly dispose of these unacceptable wastes.
Medical waste or items contaminated with bodily fluids (e.g., bandaging, empty IV bags, etc.) will
not be accepted at the Dakota County Recycling Zone and the City shall be responsible for the
management of any such waste, including the disposal thereof.
• 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.
E. Disposal of Collected Pharmaceutical Drugs.
• The County, through the Dakota County Sheriffs Office, shall be responsible for transporting the
pharmaceutical drugs for disposal. The County shall be responsible for the costs associated with
said transportation.
• The final method of disposal will be by incineration at a licensed /permitted incinerator within the
State of Minnesota. The County, through its Environmental Management Department, shall
select and execute a contract with the disposal facility (ies) for the disposal of the collected
pharmaceutical drugs.
• During each calendar year of the term of this Agreement, the County shall pay for the costs of
disposing the pharmaceutical drugs at the selected incinerator(s); however, said disposal costs
are limited to a cumulative amount of $15,000 each calendar year for all cities participating in the
Program through separate joint powers agreements with the County.
F. Training.
• The County, through its Environmental Management Department and Sheriffs Office, will provide
training to City employees on managing pharmaceutical wastes, as agreed to between the
Director of the Environmental Management Department and the City's liaison.
G. Program Promotion and Acknowledgment.
• The City is responsible for local promotion of the Program.
• 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.
5.2 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.
5.3 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.
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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 Claims 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 REPRESENTATIVES 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: Kathleen A. Gaylord or successor, Chair
Dakota County Board of Commissioners
Administration Center
1590 Hwy. 55
Hastings, MN 55033
TO THE CITY: Bill Droste or successor, Mayor
City of Rosemount
2875145 th St. W.
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 shall 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
Sheriff David Bellows
Telephone: (651) 438 -4710
Email: dave.bellows @co.dakota.mn.us
SECTION 8
TERMINATION
City Liaison
Eric Werner, Chief of Police
Telephone: (651) 322 -2010
Email: eric.werner @ci.rosemount.mn.us
8.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice
or without cause by giving 45 days' written notice, of its 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 material 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
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Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level
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 sufficient 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 perform 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. All 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
unless 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 conflict of
laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of
this section shall survive the expiration or termination of this Agreement.
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 shall not affect the validity and enforceability of the
remainder of this Agreement unless 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
APPROVED AS TO FORM:
Piro — 1 a3 oaO f 3
Assistant Coun Att rney /Date
KS -12- 130 -007
County Board Res. No. 13n�-Q
on
DAKOTA COUNTY
Kathlee A. Gaylord, Chair
Dakot County Board of Commissioners
Date of Signature:
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CITY OF ROSEMOVNT
Bye >s> �-
�Bill ffroste, Mayor _ r�
Date of Signature:
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