HomeMy WebLinkAbout6.m. Joint Powers Agreement for Closed Point of DispensingAGENDA ITEM: Joint Powers Agreement for Closed Point
of Dispensing
AGENDA SECTION:
Consent
PREPARED BY: Gary D. Kalstabakken
Police
AGENDA NO. IP. n,
Chief of
ATTACHMENTS: Joint Powers Agreem
APPROVED BY:
naJ
RECOMMENDED ACTION: Motion to approve a resolution authorizing execution of a
Joint Powers Agreement with Dakota County for the Closed Point Dispensing of urgent
treatment and prophylactic measures.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: January 4, 2011
EXECUTIVE SUMMARY
ISSUE
The Minnesota Commissioner of Health has the authorization to approve plans for the dispensing of
legend drugs in the event of a pandemic influenza, other life threatening disease, or terrorist, accidental or
natural event. Dakota County Public Health has an approved closed point of dispensing plan.
BACKGROUND
Dakota County Public Health has developed a dispensing plan that has been approved by the
Commissioner of Health. Cities within Dakota County will serve as the dispensing sites pursuant to the
terms and conditions outlined in a Joint Powers Agreement. This JPA clarifies the responsibilities of each
entity if a closed dispensing site is opened. Closed point dispensing sites will be established to provide
prophylactic measures to mission critical personnel of the City and possibly other local government
entities in Dakota County.
Staff from the Fire and Police Departments has met with Dakota County Public Health staff to receive
initial training on the County's dispensing plan. In addition, County staff provided a model Mission
Critical Personnel Plan that will be modified as necessary and incorporated into the City's Emergency
Operations Plan. This Plan addresses the specifics of implementing a closed point dispensing authorized
in the JPA.
RECOMMENDATION
Staff recommends the approval of the attached resolution authorizing the execution of the Joint Powers
Agreement for Closed Point of Dispensing.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2011
A RESOLUTION AUTHORIZING THE CITY OF ROSEMOUNT TO ENTER INTO A JOINT
POWERS AGREEMENT WITH DAKOTA COUNTY FOR THE OPERATION OF A CLOSED
POINT OF DISPENSING SITE.
WHEREAS, the City of Rosemount desires to cooperate with the County of Dakota in the event of
a pandemic influenza, other life threatening disease, or terrorist, accidental, or natural event that
requires urgent treatment or prophylactic measures,
WHEREAS, the State of Minnesota Commissioner of Health has approved the Closed Point of
Dispensing Plan of the County of Dakota,
WHEREAS, the City has entered into previous agreements with the County of Dakota,
WHEREAS, the City Councilors of the City of Rosemount have duly considered this matter and
believe that it is in the best interests of the City to enter into a grant agreement with the County of
Dakota,
NOW THEREFORE, BE IT FURTHER RESOLVED that the Mayor of the City of
Rosemount is hereby authorized to execute such agreements and amendments as are necessary to
implement the project,
ADOPTED this 4th day of January 2011, by the City Council of the City of Rosemount.
ATTEST: William Droste, Mayor
Amy Domeier, City Clerk
I. PURPOSE
JOINT POWERS AGREEMENT BETWEEN
THE CITY OF ROSEMOUNT AND THE COUNTY OF DAKOTA
FOR CLOSED POINT OF DISPENSING
THIS AGREEMENT is between the City of Rosemount, through its city council, and the County of
Dakota, through its Board of Commissioners, which are empowered to enter into joint powers
agreements pursuant to Minn. Stat. 471.59 and 12.331.
WHEREAS, the County of Dakota acting as the Dakota County Board of Health, has the authority to
take actions to prevent and control communicable diseases as well as the general authority to develop an
integrated system of community health services in Dakota County; and
WHEREAS, in the event of a public health emergency, the Dakota County Board of Health, acting
though the Dakota County Public Health Department, will be responsible for dispensing medications
and/or vaccines to residents and visitors in Dakota County, including personnel of the City of
Rosemount who have been designated by the local governmental units within Dakota County as mission
critical; and
WHEREAS, the City of Rosemount is capable of preparing for the operation and demobilization of a
closed point of dispensing as defined at Minn. Stat. §144.4198, subd. 1; and
WHEREAS, the City of Rosemount is interested in operating and demobilizing a closed point of
dispensing for its own mission critical staff and, when mutually agreed upon, mission critical staff of
other local governmental entities in Dakota County; and
WHEREAS, the County of Dakota will make available medications for dispensing at the City of
Rosemount's closed point of dispensing and will provide screening and dispensing services at such
closed point of dispensing; and
WHEREAS, pursuant to Minn. Stat. 144.4198, subd. 2(d), if the Commissioner of Health has
determined that a pandemic influenza, other life threatening disease, or terrorist, accidental, or natural
event requires urgent treatment or prophylactic measures, the Commissioner may designate persons and
entities to expedite legend drug dispensing by means of closed point of dispensing; and
WHEREAS, the County of Dakota has a closed point of dispensing plan that has been approved by the
Commissioner.
NOW THEREFORE, in consideration of the mutual promises, covenants, and consideration herein
contained, the undersigned governmental units agree as follows:
The purpose of this joint powers agreement is to prepare for and jointly operate and demobilize a closed
point of dispensing within the City, for mission critical personnel of the City and of other local
governmental entities in Dakota County, if the Commissioner of Health has so authorized pursuant to a
declaration issued pursuant to Minn. Stat. 144.4198, subd. 2.
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II. DUTIES OF THE CITY OF ROSEMOUNT
A. The City agrees to prepare a closed point of dispensing plan and secure the approval in
writing of such plan by the Dakota County Public Health Department. If the City amends
its plan, such amendment will also be subject to approval in writing by the Dakota
County Health Department. Lack of an approved plan, or amendment thereto, excuses
the County from providing any services pursuant to this joint powers agreement.
B. If the Commissioner of Health issues a declaration pursuant to Minn. Stat. 144.4198,
subd. 2, the City is not required to but may elect to operate a closed point of dispensing at
[describe the location] for mission critical personnel of the City and mission critical
personnel of other governmental entities in Dakota County of its choosing, together with
the household members of such mission critical personnel, consistent with the provision
of its approved closed point of dispensing plan. The location shall be a climate
controlled, secure room.
C. Prior to operation of the closed point of dispensing, the City will advise the County of the
maximum potential number of mission critical personnel and their household members
who will be served at the closed point of dispensing, in order that an adequate supply of
medications and/or vaccines may be picked up by the City, upon activation of the plan.
D. Upon activation of its closed point of dispensing, the City shall be responsible for picking
up the medications and/or vaccines, together with the instructions for dispensing, from
the location designated by the County.
E. During the operation of the closed point of dispensing, the City shall provide staff to
support and assist the personnel supplied by the County.
F. Prior to and during the operation of a closed point of dispensing, the City will make and
distribute copies of forms and information sheets prepared by the Dakota County Public
Health Department to persons participating in the closed point of dispensing.
G. The City will not charge any monetary fee for medications or services provided at the
closed point of dispensing.
III. DUTIES OF THE COUNTY
A. The County shall provide training, in advance of any emergency, to City staff who will
function in key positions in the operation of the closed point of dispensing.
B. If the Commissioner has determined that a pandemic influenza, other life threatening
disease, or terrorist, accidental or natural event requires urgent treatment or prophylactic
measures, within the meaning of Minn. Stat. 144.4198, the County will provide
information to the City to relay to mission critical staff and their household members.
C. The County shall provide electronic and/or hard copy of all forms and information sheets
to be distributed prior to and during the operation of the closed point of dispensing.
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D. The County shall dispense all medications at the City's closed point of dispensing. The
County shall be responsible for the disposition of any unused medications, upon
demobilization of the closed point of dispensing.
E. The County shall provide the City with the opportunity to participate in periodic
exercises to test plans for operation of closed dispensing sites.
F. The County shall maintain an accurate record of the number of medications dispensed
and all required documentation of individuals who received medications and make such
records available to the City as requested.
IV. GENERAL PROVISIONS
A. Data Practices. The City and the County, including their officers, agents, owners,
partners, employees, volunteers and subcontractors shall abide by the provisions of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),
the Health Insurance Portability and Accountability Act (HIPAA) and implementing
regulations, if applicable, and all other applicable state and federal laws, rules,
regulations and orders relating to data privacy or confidentiality, and as any of the same
may be amended. The terms of this section shall survive the cancellation or termination
of this joint powers agreement.
B. Indemnification.
The total liability of the City and the County shall be governed by Minnesota Statutes,
Chapter 466, Minnesota Statutes, Section 471.59, other applicable law, both common and
statutory, and this Agreement.
Each party agrees that it will be responsible for the acts or omissions of its officials,
agents, and employees, and the results thereof, in carrying out the terms of this joint
powers agreement, to the extent authorized by law and shall not be responsible for the
acts /omissions of the other party and the results thereof. The liability of each party shall
be governed by applicable provisions of the Minnesota Tort Claims Act, Minnesota
Statutes Chapter 466, and other applicable state and federal laws, including common law.
Each party agrees to defend, hold harmless, and indemnify the other party, their officials,
agents, and employees, from any liability, loss, or damages the other party may suffer or
incur as the result of demands, claims, judgments, or cost arising out of or caused by the
indemnifying party's negligence in the performance of its respective joint powers
agreement. This provision shall not be construed nor operate as a waiver of any
applicable limitation of liability, defenses, immunities, or exceptions by statute or
common law.
C. Withdrawal and Termination. Either the City or the County may withdraw from this joint
powers agreement upon thirty (30) days' written notice to the other. Upon the effective
date of the withdrawal, this joint powers agreement shall be terminated.
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D. Disposition of Property and Funds. In the event that this joint powers agreement is
terminated, any funds or surplus property acquired in connection with this joint powers
agreement shall remain with the party that contributed them.
E. Amendments. This joint powers agreement may be amended from time to time by
agreement of the City and the County, as evidenced by resolutions adopted by their
governing bodies.
F. Records Availability /Access. Subject to the requirements of Minnesota Statutes
Section 16C.05, Subd. 5 (as may be amended), the City and the County, and any
contractor providing services, agrees that the other party, the State Auditor, the
Legislative Auditor or any of their duly authorized representatives, at any time during
normal business hours, and as often as they may reasonably deem necessary, shall have
access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to and involve transactions relating to this
Agreement. Such materials shall be maintained and such access and rights shall be in
force and effect during the period of the joint powers agreement and for six (6) years after
its termination or cancellation.
G. Term. This joint powers agreement shall remain in effect until December 31, 2015, or
until the City or the County withdraws pursuant to paragraph N. C. of this agreement,
whichever occurs first.
H. Minnesota Law Governs. The laws of the State of Minnesota shall govern all
interpretations of this joint powers agreement, and the appropriate venue and jurisdiction
for any litigation which may arise hereunder will be in and under those courts located
within the County of Dakota, State of Minnesota.
I. Assignment. Neither the City nor the County may assign, delegate or transfer any rights
or obligations under this joint powers agreement.
J. Effective Date. This joint powers agreement shall become effective upon approval by the
City and the County on the date of approval by the later of the two.
K. Recitals. All recitals contained in this joint powers agreement shall be incorporated into
and made a part of this joint powers agreement.
L. No Third Party Beneficiary. This joint powers agreement is made solely and specifically
between and for the benefit of the City and the County, and their successors and assigns,
and no other person or entity shall have any rights, interest or claim under it or be entitled
to any benefits to or on account of this agreement, whether as a third party beneficiary or
otherwise.
M. Notices. All notices and communications required by this joint powers agreement shall
be given in writing, as follows:
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To County of Dakota:
Dakota County Public Health Division
1 Mendota Road
Suite 410
West St. Paul, MN 55118 -4771
APPROVED AS TO FORM:
Assistant County Attorney/Date
County Attorney File No. K -10 -255
Approved by County
County Board Res. No.
APPROVED AS TO FORM:
City Attorney /Date
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To the City of Rosemount
Rosemount Police Department
2875 145 Street West
Rosemount, MN 55068
COUNTY OF DAKOTA
By:
Title:
Date:
Attest:
Name:
Date:
CITY OF ROSEMOUNT
By:
Title:
Date:
Attest:
Name:
Date: