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HomeMy WebLinkAbout20101206 - VI-02 City Council Memorandum To: Mayor Hicks & City Councilmembers From: Michael T. Schutt, Fire & EMS Director Date: November 29, 2010 Item: Joint Powers Agreement (JPA) with Dakota County Council Action Requested: It is recommended the City enter into a JPA with Dakota County for the purpose of rapid dispensing of prophylaxis to Mission Critical Staff and their household members. Background Information: This JPA is in preparation for an event where the State Commissioner of Health has determined that a pandemic influenza, life-threatening disease, terroristic or natural event has occurred and requires urgent treatment or prophylactic measures be taken. Depending on the incident, Mission Critical Staff may include some or all of city staff and council members. Emergency Managers throughout Dakota County and Dakota County Public Health have been working together on a Mission Critical Dispensing plan. A part of this plan is the attached Joint Powers Agreement. Financial Impact: There is no financial impact in entering into this JPA. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:  Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE CITY OF HASTINGS AND THE COUNTY OF DAKOTA FOR CLOSED POINT OF DISPENSING THIS AGREEMENT is between the City of Hastings, 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 Hastings who have been designated by the local governmental units within Dakota County as mission critical; and WHEREAS , the City of Hastings 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 Hastings 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 Hastings’ 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: I. PURPOSE 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. II. DUTIES OF THE CITY OF HASTINGS 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 the fire station or the Cal Ruedy Public Works Building, 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. 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 47.59, 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. 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 IV. 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: To County of Dakota: To the City of Hastings: Dakota County Public Health Division Emergency Management th 1 Mendota Road 104 East 4 Street Suite 410 Hastings, MN 55033 West St. Paul, MN 55118-4771 APPROVED AS TO FORM: COUNTY OF DAKOTA __________________________________ By:________________________________ Assistant County Attorney/Date Title:______________________________ County Attorney File No. K-10-255 Date:______________________________ Attest:______________________________ Approved by County Name:______________________________ County Board Res. No. ______ Date:_______________________________ APPROVED AS TO FORM: CITY OF HASTINGS __________________________________ By: ____Paul Hicks__________________ Title:_____Mayor____________________ Date:______________________________ Attest:______________________________ Name:__Melanie Mesko Lee____________ Title:_____City Clerk__________________ Date:_______________________________