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Iowa Department of Inspections and Appeals New Interagency AgreementCopyrighted June 15, 2020 City of Dubuque Consent Items # 16. ITEM TITLE: Iowa Department of Inspections and Appeals New I nteragency Agreement SUMMARY: City Manager recommending approval of a renewal agreement with the Iowa Department of Inspections and Appeals for performance of food and hotel licensing, inspections and enforcement with respect to retail food establishments. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Iowa Department of Inspections and Appeals New City Manager Memo Interagency Agreement-MVM Memo Staff Memo Staff Memo Interagency Agreement between I DIA and City of Supporting Documentation Dubuque Masterpiece on the Mississippi Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Inspections and Appeals New Interagency Agreement DATE: June 11, 2020 Public Health Specialist Mary Rose Corrigan recommends City Council approval of a renewal agreement with the Iowa Department of Inspections and Appeals for performance of food and hotel licensing, inspections and enforcement with respect to retail food establishments. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 Masterpiece on the Mississippi Dubuque All -America City Nd110eJN.a'IC LEvD,e 2007.2012.2013 2017*2019 Health Services Department City Hall Annex 1300 Main Street Dubuque, IA 52001 Office (563) 589-4181 Fax (563) 589-4299 TTY (563) 589-4193 health@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, RN, Public Health Specialist SUBJECT: Iowa Department of Inspections and Appeals New Interagency Agreement DATE: June 11, 2020 INTRODUCTION This memorandum provides information regarding the Iowa Department of Inspections and Appeals (IDIA) renewal agreement with the City of Dubuque for performance of food and hotel licensing, inspections, and enforcement with respect to retail food establishments. BACKGROUND Since 1978, the City Council has continued a Memorandum of Understanding with the State in order to allow the City to license, inspect and enforce the Iowa Food Service Sanitation Code, Iowa Hotel Sanitation Code, the Iowa Food and Home Food Establishment Codes, and the Iowa Food & Beverage Vending Machine laws. The most recent agreement was from July 2018 through June 30, 2020. The City carries out the terms of this agreement through the two Environmental Sanitarians in the Health Services Department. Regular inspections are made of restaurants, schools, grocery and convenience stores, mobile food units, hotels, taverns, and temporary food stands throughout the city. DISCUSSION The duration of the agreement was determined by progress on meeting FDA Voluntary National Retail Food Program Standards, a requirement of IDIA, along with overall program outcomes and being on the same cycle as the other DIA contracts throughout the state. The longest term -agreements are 2 years for agencies that have met the required standards by June 30, 2020. Our previous contract was for a 3-year period. The newly proposed contract is for a six-month period to allow us to complete Standard 6. This standard has been revised since we last completed it in 2018. Due to staffing turnover, and periods where we had an unfilled position, in addition to the criteria and requirements for Standard 6 being changed, Standard 6 is not yet completed. Service People Integrity Responsibility Innovation Teamwork The six month time frame allotted by IDIA to complete Standard 6 will provide staff the necessary time to complete the steps, which include written procedures on enforcement and documentation of enforcement on an audited random sample meeting specific enforcement standards. In addition to Standard 6 being updated by Dec. 31, 2020, the other 9 standards will have to be reviewed and updated by 2023. Since this is a contract extension, the only change in the new agreement is adding that Standard 6 shall be completed by Dec. 31, 2020. Upon meeting Standard 6, we will receive another contract extension through June 30, 2020. This will put us on the subsequent three-year contract cycle with DIA that they will apply to all local contracting agencies. BUDGET IMPACT FY'19 revenue generated by license fees collected from these various establishments was $130,201. FY'20 revenues are currently at 91 % of budget. Projected revenue for FY'21 is $150,000 based on a full fiscal year of realizing license fee increases effective January 2020. RECOMMENDATION It is recommended that the City Council approve the 28E agreement with the IDIA for inspection, licensing, and enforcement of these establishments. ACTION STEP The action step is for the City Council to authorize the City Manager to sign the agreement on behalf of the City. Service People Integrity Responsibility Innovation Teamwork Iowa Secretary of State 321 East 12thOtree Des Moines, V\5031S onaJwwm.gov 28E Agreement � FILED Filing Date: 0V12n12V2V1V:12AM Filing Number: M512918 Full Legal Name Organization Type County City ofDubuque City Dubuque Iowa Department of Inspections and Appeals State Agency Polk pammpanus 0-Uknn*nService Type Servir Authorizing the performance of food and hotel licensing, inspections and enforcement activities by the Local Health Department on behalf of the |DIA. Purpose 12/31/2D2O Upk,ad Scanned Ap�eemeo, Contact—— Person: (Optional) Trish oun�actFirst Name Gleason co"',uuL^sfName Assistant City Clerk Joum�e City Clerk's Office u�pa^won, \gleaoon@cityofdubuque.mg tmaoAudfeauI 503' 89412O p^one INTERAGENCY AGREEMENT Between IOWA DEPARTMENT OF INSPECTIONS AND APPEALS And CITY OF DUBUQUE This Agreement is entered into between the Iowa Department of Inspections and Appeals (hereinafter "Department") and City of Dubuque (hereinafter "Local Health Agency") pursuant to the authority of Iowa Code section 28E.12. 1. PURPOSE AND SCOPE: The purpose of this Agreement is to authorize the performance of food and hotel licensing, inspection and enforcement activities by the Local Health Agency on behalf of the Iowa Department of Inspections and Appeals. The scope of the Local Health Agency's authority is limited to the performance of food and hotel licensing, inspections and enforcement with respect to retail establishments as permitted by Iowa Code Chapters 137C (Hotel Sanitation Code), 137D (Home bakeries) and 137F (Food Establishments and Food Processing Plants). The Department shall inspect and enforce all applicable laws as they apply to wholesale food processing plants including those whose operation is limited to the storage of food products pursuant to 137F. The Department will inspect and enforce all applicable laws as they apply to wholesale food processing plants which manufacture, package or label food products. The Department hereby retains the independent authority to license, inspect, enforce, or take any other action it deems necessary pertaining to any establishments to be inspected by the Local Health Agency. The Department will inform the Local Health Agency of any action it has completed within its jurisdiction. 2. DELEGATION: The Local Health Agency is hereby authorized to enforce Iowa Code Chapters 137C (Hotel Sanitation Code), 137D (Home bakeries) and 137F (Food Establishments and Food Processing Plants) with respect to retail establishments as long as this Interagency Agreement is in force. 3. GEOGRAPHICAL REGION: Food and hotel licensing, inspections and enforcement shall be conducted by the Local Health Agency in the following geographical region: City of Dubuque 4. DURATION: This Agreement shall commence on July 1, 2020 shall continue in full force and effect until December 31, 2020. 1 1age 5. TERMINATION: Either party may terminate this Agreement by providing the other party a written notice of intent to terminate at least ninety (90) days prior to the intended date of termination. Notice shall specify the reasons for termination and be delivered by U.S. certified mail. Upon termination, the Local Health Agency shall transfer to the Department all inspections, licensing and enforcement records in its possession and all other documents generated as a result of this Agreement. Not later than thirty (30) days following the termination date, the Local Health Agency shall transfer all materials to the Department at the following address: Iowa Department of Inspections and Appeals Food and Consumer Safety Bureau Lucas State Office Building 321 E. 12th St Des Moines, Iowa 50319-0083 6. DUTIES OF LOCAL HEALTH AGENCY: The Local Health Agency agrees that the Agency and its employees shall: a. Comply with all applicable federal, state, and local laws, rules, regulations, executive orders, and Department guidance when performing within the scope of this Agreement. b. Apply Iowa Code Chapters 137C (Hotel Sanitation Code), 137D (Home bakeries) and 137F (Food Establishments and Food Processing Plants), as well as administrative rules promulgated pursuant to these chapters, to retail establishments including temporary foods establishments, or institutions, hotels and motels, and home bakeries found in the designated geographical region specified by Section 3 of this Agreement. c. Conduct pre -opening, routine, follow-up, and complaint inspections for food establishments and institutions using the Food Code as adopted pursuant to Iowa Code section 137F,2, The inspection frequency shall be a risk -based system consistent with the requirements of FDA's Voluntary National Retail Food Regulatory Program Standards (2017) Standard 3 and no less frequent than the Department's frequency (see Attachment 1 Risk Assessment and inspection Frequency Policy for current risk -based frequency). d. Conduct complaint and pre -opening inspections of hotels and motels per Iowa Code Section 137C.11 and home bakeries pursuant to Iowa Code section 137D.2. Completion of routine inspections for hotels and motels and home bakeries will not be considered during performance reviews and as a factor in future contracting until such a time as the Department instructs otherwise. e. Forward requests for variances or HACCP (Hazard Analysis and Critical Control Points) plans and Agency recommendations to the Department for approval. 2IPage Variances and HACCP plan approvals may only be granted by the Department if sufficient information is provided to substantiate the need and propriety for the action. The Department shall provide the Local Health Agency with copies of approvals of all variances or HACCP plans within the Local Health Agency's geographic region. f. Issue State licenses. Licenses, applications and inspection forms will be on forms prescribed by the Department. The actual cost of the forms or materials shall be paid by the Local Health Agency. The Local Health Agency shall also distribute any materials during inspections that are provided by the Department without cost to the Local Health Agency. g. Notify the Department within one business day of the existence of any potential foodborne or food -related injury caused by, or suspected of having been caused by, unsanitary conditions existing in any establishment licensed or inspected under this Agreement. The Local Health Agency shall complete the investigations of potential illness using forms, methods, and techniques prescribed by the Department following illness investigation best practices such as CIFOR and NEARS. Further, the Department may also directly participate in the investigation. h. Cooperate in any federal or state food program survey to be conducted within the jurisdiction of the Local Health Agency during the terms of this Agreement, i. To the greatest extent possible, all inspectors shall complete inspection reports for food service establishments, retail food establishments, mobile food establishments, hotels/motels, and home bakeries via the electronic inspection application using tablet computers including the electronic capture of signatures. Further, inspector shall update facility emergency contacts, operation type, classification, sub classification, and franchise with each inspection. Further, the entire inventory shall be reviewed by December 31, 2018 to ensure all permanent facilities have initial information entered. j. Take corrective action on all food disasters that occur in areas covered by this Agreement. Such disasters include, but are not limited to, handling or disposing of food in cases of fire, windstoiins and floods. The Local Health Agency shall furnish the Department with a written report of the occurrence upon request. The Local Health Agency shall immediately notify the Department of any suspected intentional contamination of food in a regulated establishment. k. Hire inspection personnel who possess experience and educational qualifications equivalent to the Environmental Specialist classification, as defined by the Iowa Department of Administrative Services, Human Resources Enterprise. All Local Health Agency food inspection personnel shall complete Training, as prescribed by Standard 2 of the FDA Voluntary National Retail Food Regulatory Program Standards (2017) or successors and complete standardization to the FDA Food Code within eighteen (18) months of beginning food inspection work and every thirty-six (36) months thereafter. 3 IPage • All training for each inspector shall be logged and certificates of completion shall be maintained by the Local Health Agency in the ABSORB data system. • Each inspector shall also attend the Department's new inspector training within eighteen (18) months of beginning food inspection work, if available. This curriculum shall include the following: new inspector's course and food microbiology and sampling course. • All inspectors shall also complete the CDC's National Voluntary Environmental Assessment Information System (NEARS) EATS 101 Foundation Skills as part of the initial training curriculum and by March 31, 2019 all inspectors shall complete EATS 102 Skill Building scenarios on the private school and catering operation. https://www.cdc.govincehlehs/elearn/eatsiindex.html 1. Send representation, absent Department -approved extenuating circumstances, to all Department sponsored regional meetings and FDA training in Iowa. Further, jurisdictions are encouraged to send inspectors to FDA developed in -person training FD 215 Managing Retail Food Safety, FD 218 Risk -based Inspection Methods in Retail, and FD 312 Special Process at Retail when they are in nearby states and required to send any inspectors that have not completed the classes when they are held in Iowa. m, Refer to the Department all processing plants, including those that are manufacturing thermally processed low acid foods packaged in hermetically sealed containers under 21 CFR Part 113 or acidified foods under 21 CFR Part 114. n. Send all plans for Reduced Oxygen Packaging under 3-502.12 of the Food Code to the Department for approval. o. The Local Health Agency shall use and include all supervisory, inspection, and administrative staff on the Foodshield system. This system contains current policy interpretations and resources related to the performance of this agreement. p. The Local Health Agency shall provide an up-to-date contact sheet within 30 days of signing this Agreement, within 30 days of changes, and reviewing and updating every six -months thereafter. The Local Health Agency shall also provide at least one after-hours emergency contact. q. The Local Health Agency shall meet and continue to meet the following program standards from the FDA's Voluntary National Retail Food Regulatory Program Standards (2017) including completing and submitting self -assessments at minimum no later than December 31, 2020: i. Standard 2 Trained Regulatory Staff ii. Standard 3-Inspection Program Based on HACCP Principles iii. Standard 4—Uniform Inspection Program iv. Standard 6—Compliance and Enforcement Wage v. If a local health agency completes a self -assessment and finds that the agency does not meet one of the above Standards, the agency shall complete an improvement plan documenting the timeframes, tasks and activities, and responsible parties for task and activity completion, and submit the improvement plan to the Department for review. vi. Further, all local agencies shall meet and submit a self -assessment for Standard 9--Program Assessment by June 30, 2019 and meet the standard not later than December 31, 2020. r. The Local Health Agency shall provide the Department with a copy of any self - assessment completed and the Department shall audit any standards met. s. The Local Health Agency shall use the data system adopted by the Department for inspections and licensing of establishments pursuant to this Agreement. All inspections and licenses shall be entered into the data system in a timely manner. With the exception of temporary events and farmer's market inspections, inspections shall be conducted using the electronic inspection data system. Absent extraordinary circumstances, inspections shall not be completed on paper and later entered into the system. t. The Local Health Agency shall enter all complaints received against establishments covered under this agreement into the electronic data system. Further, the Local Health Agency shall follow instructions provided by the Department for entering complaints and the follow up to complaints including investigations and other types of follow up. u. Provide notice to the Department of any significant changes in staff involved in the food program including inspectors, administrative support, and management. Significant changes in staffing may result in a reassessment by the Department of the contracting agreement. v. The Local Health Agency shall have memorandum of understanding (MOU) with either another Local Health Agency currently contracting with the Department or the Department to provide the services outlined in this agreement if inspection personnel are unavailable. A copy of the MOU shall be provided to the Department. w. The Local Health Agency shall in place by December 31, 2018 have a 20.88 information sharing agreement completed with the FDA to allow the sharing of information during recalls and other food emergencies. 7. DUTIES OF DEPARTMENT: The Department agrees that the Department and its employees shall: 51Page a. Answer local health agency questions on federal and state rules, regulations, executive orders and Department guidance under the scope of this Agreement. b. Review variance and HACCP plan requests taking into account the recommendation of the Local Health Agency and notify the Local Health Agency of the disposition of each request under the jurisdiction of the Local Health Agency. c. Provide licenses and forms prescribed by the Department for the cost of producing the licenses and forms. d. Provide the Local Health Agency with any complaints or foodborne illness requests received by the Department for entities under the jurisdiction of the Local Health Agency. The Department may elect to participate in foodborne outbreak investigations. e. Provide guidance to the Local Health Agency when investigating a foodborne illness or foodborne illness complaint. f. Provide ongoing performance reviews and feedback, including periodic reviews during this agreement. g. Provide an electronic data system that includes mobile inspection capabilities. h. Provide guidance to the Local Health Agency during food disasters and potential intentional contamination events. i. Provide new inspectors training as needed, but no less than annually, if at least 3 individuals have registered for the course.. j. Provide other training courses such as food microbiology as needed, but no less than every 36 months, if at least 20 individuals have registered for the course. k. Provide food -related courses to assist the Local Health Agency in meeting continuing education requirements. 1. Provide audits for the FDA Voluntary National Retail Food Regulatory Program Standards (2017). m. Provide standardization of one inspector per Local Health Agency and re - standardization as required. n. Provide the ABSORB system for tracking of food training records. o. Coordinate a webinar on 20.88 agreement with local contracting agencies and the FDA to assist in executing the agreements by December 31, 2018. 6(Page p. Conduct a thorough review of the licensing process and make recommendations for improving efficiency. During this process, the Department will also examine how other states approach licensing. 8. MANNER OF FINANCING: The functions to be performed by the Local Health Agency are to be financed by the Local Health Agency at no obligation to the Department. Licensing fees shall be assessed as prescribed by applicable Iowa law. The Local Health Agency shall retain the licensing fee set in Iowa Code sections 137C.9(2017), 137D.2(2017) and 137F.6(2017) and their successors. 9. EMPLOYEES: Department employees are not employees of the Local Health Agency. a. Salaries, unemployment, and liability. The Department shall remain liable for its employees' salaries, unemployment compensation, worker's compensation protection and civil liabilities pursuant to Iowa Code Chapter 669. Each Department employee shall be deemed to be performing regular duties for the Department while performing services pursuant to the Interagency Agreement. Local Health Agency employees are not employees of the Department. The Local Health Agency shall remain liable for its employee's salaries, unemployment compensation, worker's compensation protection and civil liabilities pursuant to Iowa Code Chapter 670. Each Local Health Agency employee shall be deemed to be performing regular duties for the Local Health Agency while performing services pursuant to the Interagency Agreement. b. Conflict of interest. Each Local Health Agency employee responsible for performing inspection, supervisory, or administrative functions under this agreement shall complete a Conflict of Interest Statement (see Attachment 2) which shall be updated at least annually or upon change. If there is a conflict of interest, the Local Health Agency shall submit the conflict of interest statement. and proposed plan to remediate the conflict. This shall be completed within thirty (30) days of signing of the agreement and within thirty (30) days of report of a conflict, The Department shall accept, reject, or propose modifications to the remediation of conflicts by local health agency employees within thirty (30) days of receipt. c. Secondary employment. Each Local Health Agency shall also complete a Conflict of Interest Statement and proposed remediation for any employees with secondary employment that involves providing goods, products, services, or labor of any kind to establishments licensed and inspected by the Local Health Agency pursuant to this agreement. 10. REFERRALS: Any complaints made to the Department, regarding an establishment regulated by the Local Health Agency, shall be referred to the Local Health Agency for investigation and enforcement. Complaint referrals shall be 7(Page investigated with utmost expediency, but in no case shall this exceed seven (7) calendar days. The Local Health Agency will provide a written copy of its findings regarding the referred complaint to the Department within five (5) working days of the completion of the investigation via the electronic data system. The Local Health Agency may adopt the Department's Complaint Policies and Procedures. If the Department's Complaint Policies and Procedures are adopted, the timeframes for investigation of complaints within that document• shall apply. All complaints shall be entered into the electronic data system. 11. LEGAL OR ADMINISTRATIVE ENTITY: No new legal or administrative entity is created by this Interagency Agreement. 12. PROPERTY: Nothing in this Interagency Agreement shall be deemed to affect any change with respect to the ownership of the real or personal property of either party to this Agreement, 13. FILING AND RECORDING: Pursuant to Iowa Code section 28E.8, a copy of this Agreement shall be filed by the Department with the Secretary of State. 14. COUNTERPARTS: The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. 15. SEVERABILITY: If any provision of this Agreement is determined by the court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement. The undersigned hereby execute and enter into this Interagency Agreement. Each signatory represents that he or she has been authorized in accordance with state law to sign and bind the agency represented. By By Larry Johns rector Iowa Depatient e. Inspections and Appeals (Signatur Roy D. Buol (Print or Type Name) Mayor (Title) City of Dubuque Da Date 6/15/2020 1Page