Iowa Department of Public Health (IDPH) Interagency Agreement (28E) Copyrighted
September 16, 2019
City of Dubuque Consent Items # 10.
ITEM TITLE: lowa Departmentof Public Health (IDPH) Interagency
(28E)Agreement
SUMMARY: City Manager recommending approval to continue the City's
contract with the lowa Department of Public Health for the
inspection of swimming pools and spas and tattoo parlors in
Dubuque County.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Agreementfor Inspection of Swimming Pools and Spas City Manager Memo
and Tattoo Parlors-MVM Memo
Memo Staff Memo
28E Agreement Supporting Documentation
Dubuque
THE CITY OF �
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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 Dubuque
County Board of Health for Inspection of Pools and Spas and Tattoo
Parlors in Dubuque County
DATE: September 9, 2019
Public Health Specialist Mary Rose Corrigan recommends City Council approval to
continue the City's contract with the lowa Department of Public Health for the inspection
of swimming pools and spas and tattoo parlors in Dubuque County. The lowa
Department of Public Health is discontinuing the tanning inspection program and
instead will inspect and enforce on a complaint basis only.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque
County Board of Health for Inspection of Pools and Spas and Tattoo
Parlors Facilities in Dubuque County
DATE: September 6, 2019
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 lowa
Administrative Code. We have maintained this agreement by performing the necessary
duties to uphold it and by participating in annual audits by the lowa Department of
Public Health. The City inspects public pools and spas, tanning facilities 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 lowa Department of Public Health, both are also qualified as tattoo
inspectors. The current agreement expired June 30, 2019.
DISCUSSION
Previously, a 28E Agreement between the lowa Department of Public Health (IDPH)
and the Dubuque County Board of Health executed the agreement with the City of
Dubuque sub-contracting with the Board of Health to provide the services. The IDPH is
now contracting directly with the City of Dubuque.
Currently, the following number of facilities are inspected:
C� County
Pools/spa 24 8
Tanning facilities 6 4
Tattoo parlors 13 1
The IDPH is discontinuing the tanning inspection program and instead will
inspect and enforce themselves on a complaint basis only.
Attached is the Agreement between the lowa Department of Public Health and
the City of Dubuque for Swimming Pool, Spa and Tattoo Inspections which is
effective July 1 , 2019 through June 30, 2022.
BUDGETIMPACT
This contract generates approximately $13,116 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 lowa
Department of Public Health.
2
lowa Department of Public Health
• I DPH Promoting and Protecting the Health of lowans
Gerd W. Clabaugh, MPA Kim Reynolds Adam Gregg
Director Governor Lt. Governor
28E-2020-PTT-DB
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
City of Dubuque
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.
L The term of this Agreement shall be July 1, 2019 to June 30,2022.
II. Contract Administrators
Ken Sharp, Director, Division of Acute Disease Prevention, Emergency Response, &
Environmental Health is the Authorized State Official far 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 Carmily Stone at
telephone (515) 281-0921 or Carmilv.Stone(c�idnh.iowa�ov.
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 1300 Main St
City, State, Zip Dubuque, IA 52001
Telephone Number 563-589-4181
Email mcorriga@cityofdubuque.org
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 � 515-281-7689 � www.idph.iowa.qov
DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942
IIL General Provisions
A. The DEPARTMENT agrees to:
L 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 reportform to be completed byCONTRACTOR.
IV. Develop and provide at a minimum one annual training for new andexisting
inspectors regarding the swimming pool, spa, and tattoo programs.
V. Coordinate training for new inspectors.
VL 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.
B. The CONTRACTOR agrees to:
L 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.
IIL Employ adequate personnel to perform inspection services outlined in this
agreement. Adequate personnel is defined by:
1. Registered Environmental Health SpecialisURegistered Sanitarian
(REHS/RS) in good standing with the National EnvironmentalHealth
Association, or
2. Education consistent with the requirements of the REHS/RS, or
3. Graduated from a recognized two year college program inan
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 ofthe fields ofenvironmental
health.
Provide documentation of ineeting 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 agreementobtain
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 ineeting this requirement upon
request from the DEPARTMENT.
VL Verify that all inspectors review the applicable Iowa Codes, Administrative
Codes, and this 28E Agreement on an annual basis.
VIL 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.
VIIL Ensure that inspected facilities are currently registered or permitted.
IX. Conduct all enforcement actions priar 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 variances 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 variance for consideration by the DEPARTMENT.
XL Submit an annual report on the form provided by the DEPARTMENT byAugust
3, 2020; August 2, 2021; and August 1, 2022. At a minimum,the report will
include:
1. The total number of routine inspections, special inspections, andreasons
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.
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 tothis
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
approvedby
the Department. Failure to do so may result in suspension ar 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.
IV. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
L Register swimming pools and spas pursuant to Iowa Code Chapter 135I
and641 IAC Chapter 15, maintain a registration database, and distribute to
the CONTRACTOR information on currently registered swimming pools,
water slides, and spas.
IL 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.
IIL Provide facility status updates to local inspectors.
B. The CONTRACTOR agrees to:
L Employ adequate personnel to perform swimming pool and spa program
services outlined in IIL 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.
IL Provide personnel with the following minimum equipment necessaryto
perform inspections:
• Test kit meeting the requirements of 641 IAC 15.
• Measuring Tape
• GFCI Receptacle Tester
• Digital Camera
• Digital Thermometer
• Screwdrivers- Phillips and Flat Head
IIL 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_
httn://idnh.iowa.�ov/swimmin�poolsandsnas/facilitv/toolbox .
VL Conduct special inspections resulting from complaints or incidents within
5 business days ofthe DepartmenYs request. Ifthe 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.
VIL Forward reportable incidents received by the CONTRACTOR
to the DEPARTMENT within one day ofreceipt.
VIIL The Contractor is authorized to collect reportable incident data pursuant to
641 IAC 15.4('� and the Department is authorized to collect this
information pursuant
to Iowa Code sections 135L4 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 Program
a. The DEPARTMENT agrees to:
i. Permit tattoo artists, permanent colar 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 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 completed the following priorto
performing inspections:
1. Obtained a Blood borne Pathogen Certification,
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. If unable to meet
expectation the CONTRACTOR will notify the DEPARTMENT
immediately with a justification of why the expectation cannot be
met.
L Conduct special inspections resulting from complaints or incidents within 5
business days of the DepartmenYs 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.
VL Manner of financing
A. The DEPARTMENT shall not be financially responsible for the 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:
L Far the Swimming Pool and Spa program, pursuant to Iowa Code
Chapter 135I and 641 IAC— 15.
II. Far the Tattoo Establishment program, pursuant to Iowa Code section
135.37and 641 IAC—22.
VIL 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 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 wark 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.
(� A statement that all provisions of this contract are included in the
subcontract including audit requirements.
('� Period ofperformance.
(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 far the overall direction of the
proj ect.
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.
d. 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 CONTRACTORmake
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 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 terminationdate.
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;
2. 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: By:
Ken Sharp, Director, Division of ADPER & EH
City Manager, City of Dubuque