Iowa Department of Public Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque County Interagency AgreementCity of Dubuque
City Council Meeting
Consent Items # 08.
Copyrighted
October 17, 2022
ITEM TITLE: Iowa Department of Public Health for Inspection of Pools, Spas and
Tattoo Parlor Facilities in Dubuque County Interagency Agreement
SUMMARY: City Manager recommending approval of the continuation of the
agreement between the Iowa Department of Public Health and the City
for the inspection and enforcement of swimming pools and spas, and
tattoo parlors, and authorize the City Manager to sign the agreement.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Interagency Agreement between the City of Dubuque
and the Iowa Department of Public Health for City Manager Memo
Inspection of Pools, Spas and Tattoo Parlor Facilities in
Dubuque County-MVM Memo
Memo to MVM 28E Agreement with IDPH for Pools
Staff Memo
and Tattoo Facilities
28E Agreement FY 23 IDPH and City of Dubuque Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Interagency Agreement between the City of Dubuque and the Iowa
Department of Public Health for Inspection of Pools, Spas and Tattoo
Parlor Facilities in Dubuque County
DATE: October 11, 2022
Public Health Director Mary Rose Corrigan, RN, is recommending City Council approve
the continuation of the agreement between the Iowa Department of Public Health and
the City for the inspection and enforcement of swimming pools and spas, and tattoo
parlors, and authorize the City Manager to sign the agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Director
Dubuque
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2007-2012-2013
2017*2019
SUBJECT: Interagency Agreement between the City of Dubuque and the Iowa
Department of Public Health for Inspection of Pools, Spas and Tattoo
Parlor Facilities in Dubuque County
DATE: October 5, 2022
INTRODUCTION
This memorandum provides a recommendation for continuing the City's contract for the
inspection of swimming pools and spas and tattoo parlors in Dubuque County.
BACKGROUND
Since 1991, the City of Dubuque Health Services Department has enforced the State
swimming pool and spa inspection program consistent with the provisions in the Iowa
Administrative Code. We have maintained this agreement by performing the necessary
duties to uphold it and by participating in annual audits by the Iowa Department of
Public Health. The City inspects public pools, spas, and tattoo parlors within the city
limits, and also in Dubuque County. We currently have two certified pool operators on
staff, who have also undergone specific training required for inspectors by the Iowa
Department of Public Health, both are also qualified as tattoo inspectors. The current
agreement expired June 30, 2022.
DISCUSSION.
Currently, the following number of facilities are inspected:
city County
Pools/spa 23 8
Tattoo parlors 15 1
Attached is the Agreement between the Iowa Department of Public Health and
the City of Dubuque for Swimming Pool, Spa and Tattoo Inspections which is
effective July 1, 2022 through June 30, 2025.
BUDGETIMPACT
This activity is budgeted for $10,000 per year in revenue for inspections and
fees collected.
RECOMMENDATION
It is recommended that the City Council approve the Agreement with the
Dubuque with the IDPH for the inspection and enforcement of swimming pools
and spas, and tattoo parlors.
CITY COUNCIL ACTION
Authorize the City Manager to sign the attached agreement with the Iowa
Department of Public Health.
IDPH
IOWA Qepartment
of PUBLIC HEALTH
Protecting and Improving
the Health of Iowans
Kim Reynolds, Governor Adam Gregg. Lt. Governor
28E-2023-PTT-DB
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
City of Dubuque
Kelly Garcia. Interim Director
This Agreement is made and entered into by and between City of Dubuque, herein after called the CONTRACTOR
and the Iowa Department of Public Health, hereinafter called DEPARTMENT pursuant to Iowa Code Section
28E.12.
PURPOSE: It is the mutual desire of the CONTRACTOR and the DEPARTMENT to assure the health and safety of
the public by providing effective environmental health services. This agreement delegates the DEPARTMENT'S
inspection and enforcement authority with respect to swimming pool and spa facilities and tattoo
establishments to the CONTRACTOR.
I. The term of this Agreement shall be July 1, 2022 to June 30, 2025.
II. Contract Administrators
Ken Sharp, Director, Division of Acute Disease Prevention, Emergency Response, & Environmental
Health is the Authorized State Official for this agreement. The Authorized State Official must approve
any changes in the terms, conditions, or amounts specified in this contract. Questions regarding
implementation of this contract should be referred to Mindy Uhle at telephone (515) 499-1395 or
Mindy.Uhle@idph.iowa.gov.
Effective July 1, 2022, through July 1, 2023, the Iowa Department of Public Health (IDPH) and the Iowa
Department of Human Services (DHS) shall be in a transition period as the agencies develop and
implement transition plans to merge the agencies and become a new state agency, the Iowa
Department of Health and Human Services (DHHS). For purposes of this Agreement throughout the
transition period, "Agency" or "Department" means either IDPH or DHHS. Throughout the transition
period, IDPH and DHHS shall have and may exercise all legal powers and duties of IDPH, including
executing all contractual rights and obligations.
Effective July 1, 2023, the Iowa Department of Public Health (IDPH) and the Iowa Department of Human
Services shall merge and become the Iowa Department of Health and Human Services (DHHS). For
purposes of this Agreement on and after July 1, 2023, "Agency" or "Department" means DHHS. On and
Lucas State Office Building - 321 East Oh Street • Les Moines, IA 50319 • 515181.7689 • www.idph.iowa.gov
BEAT RELAY (Hearing or Speech Impaired) 711 or A00.735.2942
after July 1, 2023, DHHS shall have and may exercise all legal powers and duties of the former IDPH,
including executing all contractual rights and obligations.
Mary Rose Corrigan has been designated by the CONTRACTOR to act as the Contract Administrator. This
individual is responsible for financial and administrative matters of this contract.
Name
Mary Rose Corrigan
Business Name
City of Dubuque
Street Address
720 Central Ave
City, State, Zip
Dubuque, IA 52001
Telephone Number
563-589-4181
Email
mcorriga@cityofdubuque.org
III. General Provisions
A. The DEPARTMENT agrees to:
I. Provide technical assistance, rule interpretation and clarifications, engineering support,
notice of new facility inspections, and registration, permitting, and licensing information
to the CONTRACTOR on matters related to the swimming pool and spa program and the
tattoo program.
II. Provide and maintain a standard inspection form for inspection programs to be used by
CONTRACTOR.
III. Provide and maintain an annual report form to be completed by CONTRACTOR.
IV. Develop and provide at a minimum one annual training for new and existing inspectors
regarding the swimming pool, spa, and tattoo programs.
V. Coordinate training for new inspectors.
VI. Delegate enforcement activities to the CONTRACTOR unless:
1. The CONTRACTOR specifically requests the DEPARTMENT'S involvement after
the CONTRACTOR has completed the steps outlined in IAC 641 Chapter 15.6(2) a
& b or IAC 641 Chapter 22.16(2).
2. The CONTRACTOR actions are determined by the DEPARTMENT to be
inappropriate, untimely, or inadequate.
3. The statute or rules require enforcement action to be taken by the
DEPARTMENT.
VII. Provide confidentiality training for CONTRACTOR staff.
B. The CONTRACTOR agrees to:
I. Provide the services outlined in this agreement in the following geographic area(s):
Dubuque County(ies)
II. Provide consultation and information to swimming pool and spa facilities and tattoo
facilities & artists to eliminate or minimize potential health and safety problems.
III. Employ adequate personnel to perform inspection services outlined in this agreement.
Adequate personnel is defined by:
1. Registered Environmental Health Specialist/Registered Sanitarian (REHS/RS) in
good standing with the National Environmental Health Association, or
2. Education consistent with the requirements of the REHS/RS, or
3. Graduated from a recognized two year college program in an environmental
health field, or
4. Graduated from a standard four-year high school, and has a minimum of two
years' work experience in one or more of the fields of environmental health.
Provide documentation of meeting this requirement upon request from the
DEPARTMENT.
IV. Provide a list of employees and their contact information providing inspection services
under this contract. The CONTRACTOR will notify the DEPARTMENT within 30 days of
personnel changes or changes to their contact information.
V. Ensure employees providing inspection services outlined in this agreement obtain a
minimum of twelve (12) hours of continuing education per year. The continuing
education must be training that has been approved for credit by the Iowa
Environmental Health Association's Environmental Health Registry. The CONTRACTOR
shall provide evidence of meeting this requirement upon request from the
DEPARTMENT.
VI. Verify that all inspectors review the applicable Iowa Codes, Administrative Codes, and
this 28E Agreement on an annual basis.
VI I. Use an inspection form provided by the DEPARTMENT in conducting all inspections
pursuant to this agreement. The CONTRACTOR may use an alternative form; however
the alternative form shall at a minimum contain the items included on the
DEPARTMENT'S form. The DEPARTMENT may request to review the alternative form
and may require revisions to be made.
Vill. Ensure that inspected facilities are currently registered or permitted.
IX. Conduct all enforcement actions prior to requesting the DEPARTMENT to carry out final
action. Enforcement activities may include, but are not limited to, activities outlined in
IAC 641 Chapter 15.6(2) and IAC 641 Chapter 22.16(2), requiring facilities to complete
Corrective Action Plans, following up on Corrective Action Plans, special inspections,
adopting local ordinances, requesting city or county attorney's assistance, testifying at
enforcement hearings, preparing a timeline or communication log of activities that have
occurred between the inspection agency and the facility.
X. Submit requests for waivers that the CONTRACTOR receives from the facilities to the
DEPARTMENT within 15 days of its receipt. The submission shall also include the
CONTRACTOR or inspector's written recommendations with the request for waiver for
consideration by the DEPARTMENT.
XI. Submit an annual report on a form provided by the DEPARTMENT by August 31, 2023;
August 31, 2024; and August 31, 2025. At a minimum, the report will include:
1. The total number of routine inspections, special inspections, and reasons for
closure of swimming pools and tattoo establishments.
2. Latitude and longitude location information for each swimming pool in the
jurisdiction on a form provided by the DEPARTMENT.
3. Copies of minutes showing annual reports made during local board of health
meetings
XII. Link with the local board of health for each jurisdiction where services are provided to
assist the local board of health in performing its roles and responsibilities as defined in
641 IAC-77.3. The CONTRACTOR shall provide a report to each local board of health in
each county outlined in III. B. I at least annually.
XIII. Maintain accurate, current, and complete records of all activities related to this
agreement for a period of five years.
XIV. Allow the DEPARTMENT to monitor CONTRACTOR's performance through site visits,
reports, or other means deemed necessary by the Department. The Contractor agrees
that the Department may conduct site visits to review contract compliance, assess
management controls, assess relevant services and activities, and provide technical
assistance. The Contractor agrees to ensure the cooperation of the Contractor's
employees, agents, and board members in such efforts and provide all requested
information to the Department in the manner determined by the Department.
Following each site visit or review of requested information, the Department may
submit a written report to the Contractor which identifies the findings. A Corrective
Action Plan with a timetable to address any deficiencies or problems noted in the report
may be requested. The Corrective Action Plan shall be submitted to the Department for
approval within the timelines outlined in the written report. The Contractor agrees to
implement the plan after it is approved by the Department. Failure to do so may result
in suspension or termination of the contract
XV. Comply with the confidentiality requirements provided by the DEPARTMENT and
contained within Iowa Code Chapter 22, 139A, 141A, and other relevant provisions of
state law.
XVI. Ensure that all staff who interact with inspections or investigations files pertaining to
this agreement participate in confidentiality training as provided by the DEPARTMENT.
IV. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
I. Register swimming pools and spas pursuant to Iowa Code Chapter 1351 and 641 IAC
Chapter 15, maintain a registration database, and distribute to the CONTRACTOR
information on currently registered swimming pools, water slides, and spas.
11. Conduct plan review and perform on -site inspections of new construction or substantial
reconstruction. The DEPARTMENT will attempt to notify the CONTRACTOR when on -site
inspections are conducted in an attempt to include the local agency on the inspection.
III. Provide facility status updates to local inspectors.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swimming pool and spa program services
outlined in Section III(B)III, in this agreement. In addition, the personnel performing
swimming pool and spa program services must have a current Certified Pool Operator
(CPO), AFO, PPSO, or LAFT certificate and meet the education requirements of 641 IAC
15.
II. Provide personnel with the following minimum equipment necessary to perform
inspections:
1. Test kit meeting the requirements of 641 IAC 15.
2. Measuring Tape
3. GFCI Receptacle Tester
4. Digital Camera
5. Digital Thermometer
6. Screwdrivers- Phillips and Flat Head
III. Conduct a minimum of one routine, annual inspection and for -cause special inspections
of all registered swimming pools and spas within the coverage area outlined in this
agreement to determine compliance with 641 IAC Chapter 15. Inspections or follow up
may be required for facilities found to be unregistered.
IV. Conduct an initial inspection for new facilities 30-60 days after they initially open.
V. Conduct special inspections in accordance to Procedures Regarding Inspection
Frequencies found at http://idph.iowa.gov/swimmingpoolsandspas/facility/toolbox.
VI. Conduct special inspections resulting from complaints or incidents within 5 business
days of the Department's request. If the Contractor cannot conduct the special
inspection within 5 business days, the CONTRACTOR will notify the DEPARTMENT
immediately with a justification of why the expectation cannot be met.
VI I. Forward reportable incidents received by the CONTRACTOR to the DEPARTMENT within
one day of receipt.
VIII. The Contractor is authorized to collect reportable incident data pursuant to 641 IAC
15.4(7) and the Department is authorized to collect this information pursuant to Iowa
Code sections 1351.4 and 135.40 and 641 IAC Chapter 15. The parties are authorized to
transfer reportable incident data between and within the parties pursuant to 641 IAC
175.10(2) as necessary to conduct an investigation into the reportable incident. The
Contractor shall not re-release confidential reportable incident data.
V. For the Tattoo Establishment Program
a. The DEPARTMENT agrees to:
i. Permit tattoo artists, permanent color technologists, tattoo
establishments, mobile units, and temporary establishments in
accordance with Iowa Code Section 135.37 and 641 IAC Chapter 22.
ii. Provide artist and establishment status updates to local inspectors.
b. The CONTRACTOR agrees to:
i. Employ adequate personnel to perform tattoo program services
outlined in Section III(B)III, in this agreement. In addition, the
personnel performing tattoo program services shall have successfully
completed a blood borne pathogen certification from the American
Red Cross or an equivalent nationally recognized organization.
ii. Ensure that a new inspector has obtained a blood borne pathogen
certification prior to performing inspections.
iii. Conduct a minimum of one routine, annual inspection and for -cause
inspections of all permitted tattoo establishments, temporary
establishments, and mobile units, within the coverage area outlined in
this agreement to determine compliance with 641 IAC — Chapter 22.
Inspections or follow up may be required for facilities found to be
unregistered.
iv. Conduct an initial inspection for new establishments within 2 weeks
of notification by the DEPARTMENT. Upon completion of the
inspection CONTRACTOR will report back to the DEPARTMENT via
email with the outcome of the inspection within two days. If unable to
meet expectation the CONTRACTOR will notify the DEPARTMENT
immediately with a justification of why the expectation cannot be
met.
v. Conduct special inspections resulting from complaints or incidents
within 5 business days of the Department's request. If the Contractor
cannot conduct the special inspection within 5 business days, the
CONTRACTOR will notify the DEPARTMENT immediately with a
justification of why the expectation cannot be met.
VI. Manner of financing
The DEPARTMENT shall not be financially responsible for any of the functions to be performed
by the CONTRACTOR under the provisions of this agreement. The CONTRACTOR shall charge,
collect, and retain inspection fees for the respective programs in accordance with the following
rules:
A. For the Swimming Pool and Spa program, pursuant to Iowa Code Chapter 1351 and
641 IAC —15.
B. For the Tattoo Establishment program, pursuant to Iowa Code section 135.37 and 641
IAC — 22.
VII. It is mutually understood and agreed that:
A. This agreement can be amended by the mutual written consent of both parties only.
Any use of the DEPARTMENT'S name, logo, or other identifier must have prior written approval
from the DEPARTMENT.
C. The terms and provisions of this contract shall be construed in accordance with the laws of the
State of Iowa. Any and all litigation or actions commenced in connection with this contract shall
be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk County, Iowa. If,
however, jurisdiction is not proper in the Polk County District Court, the action shall only be
brought in the United States District Court for the Southern District of Iowa, Central Division,
provided that jurisdiction is proper in that forum. This provision shall not be construed as
waiving any immunity to suit or liability that may be available to the DEPARTMENT or the State
of Iowa.
D. Subcontracting. None of the work or services relating to this contract shall be subcontracted to
another organization or individual without specific prior written approval by the Department
except for subcontracts under $2000. To obtain approval, the Contractor shall submit to the
Department the proposed contract or written agreement between the parties. The proposed
contract or agreement shall contain:
(1) A list of the work and services to be performed by the subcontractor.
(2) The contract policies and requirements.
(3) Provision for the Department, the Contractor, and any of their duly authorized
representatives to have access, for the purpose of audit and examination, to any documents,
papers, and records of the subcontractor pertinent to the subcontract.
(4) The amount of the subcontract.
(5) A line item budget of specific costs to be reimbursed under the subcontract or agreement or
other cost basis for determining the amount of the subcontract as appropriate.
(6) A statement that all provisions of this contract are included in the subcontract including
audit requirements.
(7) Period of performance.
(8) Any additional subcontract conditions.
a. Any subcontract or other written agreement shall not affect the Contractor's overall
responsibility and accountability to the Department for the overall direction of the project.
b. If during the course of the subcontract period the Contractor or subcontractor wishes to change
or revise the subcontract, prior written approval from the Department is required.
c. The Contractor shall maintain a contract administration system which ensures that
subcontractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
The Contractor shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of any subcontract. No employee, officer
or agent of the Contractor or subcontractor shall participate in the selection or in the award or
administration of a subcontract if a conflict of interest, real or apparent, exists.
E. Termination
a. This contract may be terminated by the CONTRACTOR upon thirty (30) working days advance
written notice for the failure of the DEPARTMENT to comply with any term, condition, or
provision of this contract. In this event, the CONTRACTOR shall deliver to the DEPARTMENT
written notice specifying the nature of the DEPARTMENT'S default. The DEPARTMENT shall have
the thirty -day notice period to correct the problem that resulted in the default notice.
b. The contract may be terminated by the CONTRACTOR upon thirty (30) working days advance
written notice if circumstances beyond the control of the CONTRACTOR make continuation of
this contract impossible.
c. This contract may be terminated by the DEPARTMENT for any of the following reasons:
i. Default by the CONTRACTOR. The failure of the CONTRACTOR to comply with any term,
condition, or provision of this contract shall constitute a default by the CONTRACTOR. In
this event, the DEPARTMENT shall deliver to the CONTRACTOR written notice specifying
the nature of the CONTRACTOR's default. The DEPARTMENT may make termination of
the contract effective immediately. If the notice of default does not indicate that the
contract shall be terminated immediately, the CONTRACTOR shall have a thirty -day
notice period to correct the problem that resulted in the default notice.
ii. The Convenience of the DEPARTMENT. The DEPARTMENT may terminate this contract
in whole or in part without the payment of any penalty or incurring any further
obligation to the CONTRACTOR whenever, for any reason, the DEPARTMENT shall
determine that such termination is in the best interest of the State. In this event, the
DEPARTMENT shall issue a termination notice to the CONTRACTOR at least ten (10) days
prior to the effective termination date.
iii. Change in Law. The DEPARTMENT shall have the right to terminate this contract without
penalty by providing ten (10) days written notice to the CONTRACTOR if any of the
following conditions exist:
1. The DEPARTMENT'S authorization to operate is withdrawn or there is a material
alteration in the programs administered by the DEPARTMENT;
The DEPARTMENT'S duties are substantially modified.
IN WITNESS WHEREOF the parties have signed their names effective the day and year first above written.
Iowa Department of Public Health City of Dubuque
BY:
Ken Sharp, Director
Division of ADPER & EH
C.
DNi1CN=Mi—lC.—Millgen—tyd
Michael t,/ = E- tMggr@. tyofdubu .org, C=US
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BY: Van MilligenReason:FF-t P—t—DF Vereio 9]5re
City of Dubuque