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Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque CountyCity of Dubuque City Council CONSENT ITEMS # 12. Copyrighted December 1, 2025 ITEM TITLE: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque County SUMMARY: City Manager recommending City Council approve the sub- contract between the City of Dubuque and the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, and tattoo parlors to be effective July 1, 2025, through June 30, 2028 and authorize the City Manager to sign the agreement. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo 2025.11.10 City Sub Agreement with DBQ CO BOH for Pools Tattoo Inspection 3. FY26 BOH DBQ - Inspection and Enforcement of Swimming Pool and Spa Facilities and Tattoo Establishments_Allie signed need MVM 4. Contract BCD-ENV-Dubuque-0017 25-28 between State and DBQ CO BOH SIGNED Page 382 of 1214 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 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 Dubuque County Board of Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque County DATE: November 24, 2025 Public Health Director Mary Rose Corrigan is recommending City Council approve the sub -contract between the City of Dubuque and the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, and tattoo parlors to be effective July 1, 2025, through June 30, 2028 and authorizes the City Manager to sign the agreement. This activity is budgeted for $13,656 per year in revenue for inspections and fees collected. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen ►VA140►TAWA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Mary Rose Corrigan, Public Health Director Page 383 of 1214 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, MSN, RN, Public Health Director Dubuque ul•Ameriu Cip 2007-2012.2013 2017*2019 SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque County DATE: November 20, 2025 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 Inspections, Appeals, & Licensing (IDIAL). The City inspects public pools, spas, and tattoo parlors within the city limits, and also in Dubuque County. We currently have three certified pool operators on staff, who have undergone specific training required for inspectors. The current agreement expired June 30, 2025. DISCUSSION Previously, the City contracted directly with Iowa Department of Inspections and Appeals, however, now contract with the local board of health, who in turn contracts with the City. Currently, the following number of facilities are inspected: Citv County Pools/spa 24 6 Tattoo parlors 14 1 Attached are the agreements between Iowa Department of Inspections, Appeals, & Licensing (IDIAL) and the Dubuque County Board of Health, and the sub- contract with the City of Dubuque, and the Dubuque County Board of Health for Page 384 of 1214 Swimming Pool, Spa and Tattoo Inspections which are effective July 1, 2025, through June 30, 2028. BUDGETIMPACT This activity is budgeted for $13,656 per year in revenue for inspections and fees collected. RECOMMENDATION It is recommended that the City Council approve the sub -contract between the City of Dubuque and the Dubuque County Board of Health 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 Dubuque County Board of Health. Attachments: IDIAL and Dubuque County Board of Health Agreement Dubuque Board of Health and City of Dubuque Agreement 2 Page 385 of 1214 Public Health Dabm"a County Public Health Departmcnl C,0UNr j = O THE CITY OF DUB E 10(JeU0%3;1_ Masterpiece on the Mississippi SUBCONTRACT AGREEMENT Contracting Agency: Iowa Department of Inspections, Appeals, and Licensing Contract Number: BCD-ENV-Dubuque-0017 Contract Date: 10/28/2025 Pass -Through Entity PTE : Subrecipient: The Dubuque County Board of Health City of Dubuque Period of Performance Start date: 7/1/2025 End date: 6/30/2028 Amount of funds obligated by this action: $0 Total amount of funds obligated to the subrecipient: $0 Total amount of funds committed to the subrecipient: $0 Project Title: Inspection and Enforcement of Swimming Pool and Spa Facilities and Tattoo Establishments Is Project for Research & Development? ❑ Yes ❑x No 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which Dubuque County Board of Health ("County") will subcontract Swimming Pool and Spa Facilities and Tattoo Establishments inspection and enforcement to The City of Dubuque ("Subrecipient") for provision of services described in the contract listed above. This Agreement shall be construed and enforced in accordance with the laws of the State of Iowa and federal regulations. Subrecipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." 2. Term of Aqreement. This Agreement shall be effective upon full execution by the Parties (the "Effective Date") and shall terminate upon 1) completion of the project, 2) exhaustion of subaward funds, 3) termination, or 4) 6/30/28. 3. Reporting. The Subrecipient is required to meet all reporting requirements as set forth in the contract terms of the grant listed above. Requests for the supporting documentation for these reports may be requested by Dubuque County. Due dates for reports are found within the grant contract. Reports shall be submitted to: Iowa Department of Inspections, Appeals, and Licensing Consistent with Uniform Guidance (2 C.F.R. §200.328), the Subrecipient shall provide the County with quarterly reports and a close-out report. These reports shall include the status and progress by the Subrecipient and all subcontractors in completing the work and the expenditure of funds under this Agreement, in addition to any other information requested by the County. The County may request Page 386 of 1214 additional information from the Subrecipient, as needed, to meet any additional guidelines regarding the use of federal funds that may be established by the awarding agency during the scope of this Agreement. As required by Uniform Guidance (2 C.F.R. §200.415(a)), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3 729-3 730 and 3801-3812)." 4. Monitoring. Subrecipient shall permit the County to monitor the Subrecipient, including: a. Reviewing financial and progress reports required by the County. b. Following -up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the subcontract provided to the Subrecipient from County detected through audits, on -site reviews, and other means. c. Issuing a management decision for audit findings pertaining to the Subaward provided to the Subrecipient from the County as required by 2 C.F.R. §200.521 Management decision. Subrecipient shall monitor its performance under this Agreement, as well as that of its lower level subrecipients, contractors, consultants, etc. who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the scope of work is being accomplished within the specified time periods, and other performance goals are being achieved. 5. Maintenance of and Access to Records The Subrecipients shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review, and audit by the County or its designees, the State, and the Federal Awarding Agency for a period of 5 years beyond the end date of the Agreement, whichever is later. If it is determined during the audit that the Subrecipients were reimbursed for unallowable costs under this Agreement or any, the Subrecipients agree to promptly reimburse the County for such payments upon request. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been fully resolved. 6. Pre -award Costs Pre -award costs, as defined in 2 CFR 200.458, may not be paid with funding from this award. 7. Closeout. The close-out report is due ninety (90) days after termination of this Agreement or ninety (90) days after completion of the activities contained in this Agreement, whichever first occurs. Each party's obligation to the other shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to making final payments, disposing of program assets, (including the return of unused materials and equipment as required herein, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. The terms of this Agreement shall remain in effect during any period that the Subrecipient has control over federal funds. The County will close out the award when it determines that all applicable administrative actions and all required work of the Agreement have been completed. 8. Events of Default. Page 387 of 1214 The occurrence of any one or more of the following events shall constitute cause for either party to declare the other in default of its obligations under this Agreement: a. A breach of any term of this Agreement. b. A material failure of the Subrecipient to make substantial and timely progress toward performance of the Agreement. c. Failure to comply with applicable federal, state, and local laws, rules, ordinances, regulations, guidance, and orders when performing with the scope of this Agreement. d. Any report required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete, or insufficient information. e. Engaging in conduct that has or may expose the other Party to liability. 9. Notice of Default. The County shall issue a written notice of default providing therein a thirty (30) day period in which the Subrecipient shall have an opportunity to cure, provided a cure is possible and feasible. If, after opportunity to cure, the default remains, the County may exercise any one or more of the following remedies outlined in section 11, either concurrently or consecutively. 10. Remedies. If an Event of Default occurs, the County may: a. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from Subrecipient to determine the reasons for the extent of non-compliance or lack of performance. ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected. iii. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activity in question. b. Temporarily withhold cash payment pending correction of the deficiencies. c. Disallow all or part of the cost of the activity or action not in compliance. d. Require that the Subrecipient refund to the County any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Recommend suspension or debarment proceedings by U.S. Treasury. f. Terminate this agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. 11. Termination. The County may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material. The County may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar day prior written notice. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. Page 388 of 1214 12. Procurement. The Subrecipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") of the Uniform Guidance. 13. Conflicts of Interest. The subrecipient understands and agrees it must maintain a conflict -of -interest policy consistent with 2 C.F.R. §200.318 (c) and that such conflict -of -interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the U.S. Treasury or through the County as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. Subrecipient agrees that it has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement. 14. Modification. Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, discharged, or terminated, except in writing with the consent of both parties. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 16. Notices Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party, and mailed via US mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The County will relay the mailing and email addresses of the Subrecipient as set forth heretofore, as modified from time to time. 17. Defense and Indemnification. Subrecipient agrees to defend, indemnify, and hold the County, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers, directors, employees, and/or agents relating to the Subrecipient's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. 18. Severability. The parties acknowledge and agree that if any paragraph, provision, or term of this agreement is deemed illegal or void by any court or any other appropriate authority, the remaining provisions of this agreement shall remain in full force and effect. 19. Status of Subrecipient. Nothing in this contract constitutes an employment relationship between the Subrecipient staff and the County. Subrecipient staff are not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan offered to employees of the County. Nothing in this contract prevents Subrecipient staff from working with others during the length of this Agreement. Subrecipient shall determine the method, details, and means of performing the work and services to be provided by Subrecipient under this Agreement. Subrecipient shall be responsible to County only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to County's control with respect to the physical action or activities of Subrecipient in fulfillment of this Agreement. Subrecipient has control over the manner and means of performing the services under this Page 389 of 1214 Agreement. Subrecipient is permitted to provide services to others during the same period service is provided to County under this Agreement. 20. Assignment. Subrecipient agrees that this Agreement nor any of the rights, interest, or obligations in it shall be assigned by Subrecipient either whole or in part without the prior written consent of the County. 21. Entire Agreement. This agreement constitutes the entire agreement between the parties and shall be binding upon true successors and assignees of the parties to this agreement. 22. Compliance with Applicable Laws and Regulations. The Subrecipient declares that to its best knowledge, it has complied with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement. The Subrecipient and its employees shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, and orders when performing the services under this Agreement, including but not limited to all of the following: a. Provisions outlined in 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non procurement), 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. f. Government -wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. g. New Restrictions on Lobbying, 31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.0 §§ 4601-4655) and implementing regulations. i. Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. j. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance. Page 390 of 1214 ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 23. Publications. Subrecipient agrees that any publications produced with funds from this award must display the following language: "This project is being supported, in whole or in part, by federal award number 5884TS40 awarded to Dubuque County by the Iowa Department of Health and Human Services." (awarding agency) 24. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Treasury employee responsible for contract or grant oversight or management; e. An authorized official of the Department of Justice or other law enforcement agency; f. A court of grand jury; or g. A management official or other employee of Dubuque County, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 25. Seat Belt Use. Dubuque County encourages the Subrecipient to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company owned, rented, or personally owned vehicles. Page 391 of 1214 26. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 1, 2009), Dubuque County encourages the Subrecipient to adopt and enforce policies that ban text messaging while driving and to establish workplace safety policies to decrease accidents caused by distracted drivers. 27. Certification Regarding Government -Wide Restrictions on Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any Contractor, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Sub -Grant Agreement, and the extension, continuation, renewal, amendment, or b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Subrecipient, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. 28. Eligibility. Subrecipient certifies that neither it nor its principals is/are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or Contractor. 29. Acknowledgements. The parties acknowledge and agree that they have carefully read and have had an opportunity to review with legal counsel all the provision of this Agreement, that they completely understand the terms and conditions as set forth in the Agreement, and that they have voluntarily executed this Agreement of their own free will, act, and deed. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. Page 392 of 1214 IN WITNESS WHEROF, this Agreement is executed and shall become effective as of the last date signed below: Dated this end day of December, 2025. BOARD OF HEALTH DUBUQUE COUNTY, IOWA 11 /20/25 4&z�' u)4& Authorized Representative SUBRECIPIENT: The City of Dubuque 11�6� k�4 - / Authorized Repr sentative Department of Inspections, WA,„ Appeals, & Licensing KIM REYNOLDS, GOVERNOR LARRYJOHNSON, JR., DIRECTOR CHRIS COURNOYER, Lt GOVERNOR BCD-ENV-Dubuque-0017 BETWEEN THE IOWA DEPARTMENT OF INSPECTIONS, APPEALS & LICENSING AND Dubuque County Public Health Department This Agreement is made and entered into by and between Dubuque County Public Health, hereinafter called the BOARD, and the Iowa Department of Inspections, Appeals, & Licensing, hereinafter called DEPARTMENT pursuant to Iowa Code Sections 10A.531(7) and 1351.4(6). PURPOSE: It is the mutual desire of the BOARD 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 BOARD. I. The term of this Agreement shall be from July 1, 2025, to June 30, 2028. The BOARD certifies that it is a local board of health pursuant to Iowa Code Chapter 135. The requirement that the BOARD is a local board of health pursuant to Iowa Code Chapter 135 is a material term of this Agreement. III. Agreement Administrators Joe Mullen, Division Administrator, Building and Construction Division, 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 Agreement. Questions regarding the implementation of this Agreement should be referred to Kane Young at telephone (515) 724-3216 or Kane.Young@dia.iowa.gov. Pursuant to Section III.B.IX, and as newly emphasized by DIAL, the responsibility for initiating enforcement actions shall rest primarily with the BOARD. While this obligation was previously acknowledged, it is now formally underscored and mandatory. The BOARD is hereby required to execute all enforcement measures in accordance with the provisions set forth. Notwithstanding the foregoing, the Department retains exclusive authority to issue, approve, suspend, or revoke permits as deemed appropriate. The current Pool and Spa rules are located in IAC 641 Chapter 15. It is understood between the DEPARTMENT and the BOARD that during this Agreement cycle the Pool and Spa rules will be moved to IAC 481, and chapter to be determined. The Department will email the BOARD a copy of the new Pool and Spa rules when they are made available. 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 394 of 1214 ^WA. KIM REYNOLDS, GOVERNOR CHRIS COURNOYER, Lt GOVERNOR Department of Inspections, Appeals, & Licensing LARRY JOHNSON, JR., DIRECTOR Allie White has been designated by the BOARD to act as the Agreement Administrator. This individual is responsible for financial and administrative matters of this Agreement. Name Allie White Business Name Dubuque County Public Health Department Street Address 1225 Seippel Rd City, State, Zip Dubuque, IA 52002 Telephone Number 563-557-7396 Email allie.white@dubuquecountyiowa.gov IV. 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 BOARD 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 the BOARD. III. Provide and maintain an annual report form to be completed by the BOARD. 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 BOARD unless: 1. The BOARD specifically requests the DEPARTMENT'S involvement after the BOARD has completed the steps outlined in IAC 641 Chapter 15.6(2) a & b or IAC 481 Chapter 492.16(2). 2. The BOARD actions are determined by the DEPARTMENT to be inappropriate, untimely, or inadequate. The statute or rules require enforcement action to be taken by the DEPARTMENT. VII. Provide confidentiality training for BOARD staff. B. The BOARD agrees to: Provide the services outlined in this agreement in the following geographic area(s): Dubuque County Provide consultation and information to the swimming pool and spa facilities and tattoo facilities & artists to eliminate or minimize potential health and safety problems. 6200 Park Avenue I Suite 100 I Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 395 of 1214 ^WA. KIM REYNOLDS, GOVERNOR CHRIS COURNOYER, Lt GOVERNOR Department of Inspections, Appeals, & Licensing LARRY JOHNSON, JR., DIRECTOR 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 Agreement. The BOARD 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 BOARD 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 Agreement on an annual basis. VII. Use an inspection form provided by the DEPARTMENT in conducting all inspections pursuant to this Agreement. The BOARD 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. VIII. Ensure that inspected facilities are currently registered or permitted. 1. Facilities must have permits visible on the premises, and confirmation through the public portal must also be completed to avoid forgeries. Please note that the DEPARTMENT will be moving to a new licensing system in the middle of this Agreement. Updates will be given when available. 2. https://amanda-portal.idph.state.ia.us/adpereh/portal/#/public/public-search 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 481 Chapter 492.16(2), requiring facilities to order necessary Cease & Desist orders, shut down facilities for health violations, 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 BOARD receives from the facilities to the DEPARTMENT within 15 days of its receipt. The submission shall also include the BOARD or inspector's written recommendations with the request for waiver for consideration by the DEPARTMENT. XI. At the request of the DEPARTMENT, the BOARD will submit an annual report on a form provided by the DEPARTMENT. At a minimum, the report will include: 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 396 of 1214 ^WA. KIM REYNOLDS, GOVERNOR CHRIS COURNOYER, Lt GOVERNOR Department of Inspections, Appeals, & Licensing LARRY JOHNSON, JR., DIRECTOR 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 BOARD shall provide a report to each local board of health in each county outlined in IV. B. I at least annually. X111. 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 the BOARD's performance through site visits, reports, or other means deemed necessary by the Department. The BOARD agrees that the DEPARTMENT may conduct site visits to review Agreement compliance, assess management controls, assess relevant services and activities, and provide technical assistance. The BOARD agrees to ensure the cooperation of the BOARD'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 the requested information, the DEPARTMENT may submit a written report to the BOARD 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 BOARD agrees to implement the plan after it is approved by the DEPARTMENT. Failure to do so may result in suspension or termination of the Agreement. XV. Comply with the confidentiality requirements provided by the DEPARTMENT and contained within Iowa Code Chapter 492, 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. XVII. Pursuant to IAC 481 Ch 492, the BOARD will retain tattoo inspection reports for at least 3 years. V. 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 BOARD information on currently registered swimming pools, water slides, and spas. II. Conduct plan review and perform on -site inspections of new construction or substantial reconstruction. The DEPARTMENT will attempt to notify the BOARD 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 BOARD agrees to: Employ adequate personnel to perform swimming pool and spa program services outlined in Section (B)III, in this Agreement. In addition, the personnel performing 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 397 of 1214 ^WA. KIM REYNOLDS, GOVERNOR CHRIS COURNOYER, Lt GOVERNOR Department of Inspections, Appeals, & Licensing LARRY JOHNSON, JR., DIRECTOR 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 https://dia1.iowa.gov/licenses/swimming-pools- spas/resources/facility-toolbox. VI. Conduct special inspections resulting from complaints or incidents within 5 business days of the DEPARTMENT'S request. If the BOARD cannot conduct the special inspection within 5 business days, the BOARD will notify the DEPARTMENT immediately with a justification of why the expectation cannot be met. VII. Forward reportable incidents received by the BOARD to the DEPARTMENT within one day of receipt. VIII. The BOARD 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 BOARD shall not re-release confidential reportable incident data. IX. The BOARD can issue an order to close a swimming pool or spa if the facility does not have an active registration or any other health violations written in the code. The request shall be in writing and list the violations. The written order will be sent to the facility and the DEPARTMENT. Only the DEPARTMENT holds the right to revoke or withhold a facilities registration. VI. 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 481 IAC Chapter 492. ii. Provide artist and establishment status updates to local inspectors. b. The BOARD agrees to: 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 398 of 1214 Department of Inspections, WA,„ Appeals, & Licensing KIM REYNOLDS, GOVERNOR LARRYJOHNSON, JR., DIRECTOR CHRIS COURNOYER, Lt GOVERNOR 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 481 IAC — Chapter 492. 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, the BOARD will report back to the DEPARTMENT via email with the outcome of the inspection within two days. If unable to meet expectation, the BOARD 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 BOARD cannot conduct the special inspection within 5 business days, the BOARD will notify the DEPARTMENT immediately with a justification of why the expectation cannot be met. VII. Manner of financing A. The DEPARTMENT shall not be financially responsible for any of the functions to be performed by the BOARD under the provisions of this agreement. The BOARD shall charge, collect, and retain inspection fees for the respective programs in accordance with the following rules: 1. For the Swimming Pool and Spa program, pursuant to Iowa Code Chapter 1351 and 641 IAC —15. 2. For the Tattoo Establishment program, pursuant to Iowa Code sections 10A.531 through 535 and 481 IAC — 492. VIII. It is mutually understood and agreed that: A. This Agreement can be amended by the mutual written consent of both parties only. B. 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 Agreement shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with this Agreement 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. 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 399 of 1214 ^WA. KIM REYNOLDS, GOVERNOR CHRIS COURNOYER, Lt GOVERNOR Department of Inspections, Appeals, & Licensing LARRY JOHNSON, JR., DIRECTOR D. Subcontracting. None of the work or services relating to this Agreement 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 BOARD 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 BOARD, 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 Agreement 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 BOARD'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 BOARD or subcontractor wishes to change or revise the subcontract, prior written approval from the DEPARTMENT is required. c. The BOARD 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. d. The BOARD 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 BOARD 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 Agreement may be terminated by the BOARD upon thirty (30) working days advance written notice for the failure of the DEPARTMENT to comply with any term, condition, or provision of this Agreement. In this event, the BOARD shall deliver to the DEPARTMENT written notice specifying the nature of the DEPARTMENT'S default. The DEPARTMENT shall have a thirty -day notice period to correct the problem that resulted in the default notice. b. This Agreement may be terminated by the BOARD upon thirty (30) working days advance written notice if circumstances beyond the control of the BOARD make continuation of this Agreement impossible. c. This Agreement may be terminated by the DEPARTMENT for any of the following reasons: 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 400 of 1214 Department of Inspections, WA,„ Appeals, & Licensing KIM REYNOLDS, GOVERNOR LARRYJOHNSON, JR., DIRECTOR CHRIS COURNOYER, Lt GOVERNOR i. Default by the BOARD. The failure of the BOARD to comply with any term, condition, or provision of this Agreement shall constitute a default by the BOARD. In this event, the DEPARTMENT shall deliver to the BOARD written notice specifying the nature of the BOARD'S default. The DEPARTMENT may make termination of the Agreement effective immediately. If the notice of default does not indicate that the Agreement shall be terminated immediately, the BOARD 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 Agreement in whole or in part without the payment of any penalty or incurring any further obligation to the BOARD 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 BOARD at least ten (10) days prior to the effective termination date. iii. Change in Law. The DEPARTMENT shall have the right to terminate this Agreement without penalty by providing ten (10) days written notice to the BOARD 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 Dept. of Inspections, Appeals, & Licensing BY: Joe Mullen, Division Administrator Building and Construction Division Dubuque County Public Health BY: Allie White, Public Health Director Dubuque county Public Health Department 6200 Park Avenue I Suite 100 1 Des Moines, IA 50321-1270 1515.281.7102 TTY 515.242.6515 Page 401 of 1214