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HomeMy WebLinkAboutItem 06.jMarch 4, 2013 Item No. CITY OF LAKEVILLE TO ENTER INTO A JOINT POWERS AGREEMENT WITH DAKOTA COUNTY REGARDING THE PHARMACEUTICAL DRUG DISPOSAL PROGRAM Proposed Action Staff recommends adoption of the following motion: Move to enter into a ioint powers agreement with Dakota County outlining each parties' responsibilities regarding the Pharmaceutical Drug Disposal Program. Overview Unused pharmaceutical drugs pose a risk to the community in a number of ways. They have been traditionally disposed of by being flushed down the toilet or drain thereby contaminating waste water and causing adverse effects to fish and other aquatic life. They are a significant cause of accidental poisoning, and persons who abuse prescription drugs often obtain the drugs from family and /or friends. Participating in the drug disposal program provides an avenue for the safe disposal and destruction of unused pharmaceutical drugs. Primary Issues to Consider • Length of term: The agreement will remain in effect until 12/31/2015, unless earlier terminated. • Governmental approvals: The City is required to obtain approval from the Minnesota Pollution Control Agency, the Drug Enforcement Administration, and the Minnesota Board of Pharmacy. • Safety and Security: A secure container located in the police department is used to prevent pilferage, and officers involved in emptying, sorting, and weighing deposited drugs with utilize Personal Protective Equipment. Supporting information • Pharmaceutical Drug Disposal JPA a' Thomas Vonhof Chief of Police Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Dakota County Contract #C0024591 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF LAKEVILLE 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 Lakeville ( "City') are political subdivisions of the State of Minnesota; and MM WHEREAS, the nonmedical use of and disposal of prescription drugs are growing problems in the United States; 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 Lakeville, 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 (" MPCK) 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. • 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 Sheriff's 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 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 Sheriff's 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. 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: Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 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 Tom Vonhof, Chief of Police Telephone: (952) 985 -2800 Email: tvonhof @ci.lakeville.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 4 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 ±o 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. G/ at-� . &�— 0/'� 3 3 AAssistant Count Attotney/Date KS -12- 130 -005 County Board Res. No. 13- DAKOTA COUNTY Kathleen A. Gaylord, Chair Dakota County Board of Commissioners Date of Signature: CITY OF LAKEVILLE Matt Little, Mayor Date of Signature: LE Date of Signature: City Clerk