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Dubuque County Board of Health 28E Interagency AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 11111r 2007 • 2012 • 2013 SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas, Tattoo Parlors and Tanning Facilities in Dubuque County DATE: August 13, 2013 Public Health Specialist, Mary Rose Corrigan is recommending execution of an Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for inspection of pools and spas, tattoo parlors and tanning facilities in Dubuque County. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, RN, Public Health Specialist Dubuque kiteril All-America City 11111 F 2007 • 2012 • 2013 SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas, Tattoo Parlors and Tanning Facilities in Dubuque County DATE: August 12, 2013 INTRODUCTION This memorandum provides a recommendation for continuing the City's contract for the inspection of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. BACKGROUND Since 1991, the City of Dubuque Health Services Department has enforced the State swimming pool and spa inspection program consistent with the provisions in the Iowa Administrative Code. We have maintained this agreement by performing the necessary duties to uphold it and by participating in annual audits by the Iowa Department of Public Health. The City inspects public pools 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 Iowa Department of Public Health, both are also tanning inspectors. One of these inspectors conducts the tattoo parlor inspections. DISCUSSION The existing contract is between the Iowa Department of Public Health and the Dubuque County Board of Health. These agreements must go through local boards of health. Currently, the following number of facilities are inspected: City County Pools /spa 22 9 Tanning facilities 7 9 Tattoo parlors 5 0 Attached is the Interagency Agreement between the Iowa Department of Public Health and the Dubuque County Board of Health (Attachment A of Dubuque County Interagency Agreement). Also attached, is an interagency agreement between the Dubuque County Board of Health and the City of Dubuque. This interagency agreement details the duties of the inspecting agency and passes on the responsibility of the Board's contract with the Iowa Department of Public Health to the City of Dubuque Health Services Department. BUDGET IMPACT This contract generates approximately $13,200.00 per year in revenue for inspections conducted. RECOMMENDATION It is recommended that the City Council approve the attached Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning establishments. CITY COUNCIL ACTION The City Council authorize the City Manager to sign the agreement with the Dubuque County Board of Health for inspection of swimming pools and spas in Dubuque County and the City of Dubuque. MRC /Ih cc: Patrice Lambert, Director, Dubuque County Health Department INTERAGENCY AGREEMENT BETWEEN THE DUBUQUE COUNTY BOARD OF HEALTH AND THE CITY OF DUBUQUE This Agreement, dated for reference purposes, the,,] ay of fz'V , 2013, made and entered into between the Dubuque County Board of ealfe-'/'/h (hereinafter referred to as "Board ") and the City of Dubuque (hereinafter referred to as "City "). SECTION 1. AUTHORITY 1.1. This Agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E and shall constitute the entire agreement between the Board and the City with respect to the inspection and enforcement of swimming pools and spas, tattoo establishments and tanning facilities. 1.2. Nothing in this Agreement or its attachments shall be construed as limiting the power of the Board to inspect, enforce or to take any other actions necessary for the continued proper administration of rules and regulations relating to the swimming pools and spas, tattoo establishments and tanning facilities program. 1.3. If any provision contained herein is in conflict with any State, Federal or Local law or is declared to be invalid by any court of record of the State of Iowa, such invalidity shall affect only such portions as are declared invalid or in conflict with the law. SECTION 2. STATEMENT OF PURPOSE. The purpose of this Agreement is to delegate the Board's inspection and enforcement authority with respect to: ® Swimming pool and spa operations, as specified in Iowa Code Chapter 1351 and Chapter 641 -15 of the Iowa Administrative Code; ® Tattoo establishment regulations, as specified in Iowa Code Chapter 135 and Chapter 641 -22 of the Iowa Administrative Code; ® Tanning facility operations, as specified in Iowa Code Chapter 136D and Chapter 641 -46 of the Iowa Administrative Code; -. and in the 28E Agreement with the Iowa Department of Public Health, and to specify the extent and manner of cooperation between the two agencies in conducting programs for the inspection and enforcement of the rules relating to swimming pools and spas, tattoo establishments and tanning facilities. SECTION 3. DUTIES. The duties of the parties are outlined in Attachments B and C, which are hereby made a part of this Agreement. The references in Attachments B and C to "Contractor" will be construed to mean City. SECTION 4. PERIOD OF AGREEMENT. This Agreement is valid from July 1, 2013 and through June 30, 2016. SECTION 5. LEGAL OR ADMINISTRATIVE ENTITY CREATED. No new legal or administrative entity is created by this Agreement. SECTION 6. MANNER OF FINANCING. The functions to be performed by the City under the provisions of this Agreement are to be financed by the City. City shall collect and retain registration fees pursuant to the Iowa Code, Chapters 135, 1351 and 136D and Iowa Administrative Code 641 -15, 641 -22 and 641 -46. SECTION 7. REPORTING. City will provide the Board and the Iowa Department of Public Health with a report of its inspection and enforcement activity on a semi - annual basis utilizing an approved reporting form. SECTION 8. TERMINATION. 8.1. Either party may terminate this Agreement by providing no less than thirty (30) days written notice of intent to terminate this Agreement to the other party. The notice will specify the reasons for termination and will be delivered via U.S. certified mail. 8.2. Upon termination, the City will transfer to the Board all inspection and enforcement records in City's possession and all other documents generated as a result of this Agreement not later than thirty (30) days following the termination date. IN WITNESS WHEREOF, the Board and the City have executed two (2) copies of this Agreement, each of which will be considered an original. CITY OF DUBUQUE DUBUQUE COUNTY BOARD OF HEALTH 4WtL ✓ Ja, Michael C. Van Milligen Dr' Richard Fairley, MD City Manager Dubuque County Board of Health Date I)3 Date Attachments: A: Agreement between the State of Iowa and the Dubuque County Board of Health B: Duties of the City of Dubuque C: Duties of the Iowa Department of Public Health Iowa Department of Public Health Promoting and Protecting the Health of Iowans Mariannette Miller- Meeks, B.S.N., M.Ed., M.D. Terry E. Branstad Director Governor ATTACHMENT A 28E- 2014 - PTT -31 BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND Kim Reynolds Lt. Governor Dubuque County Board of Health This Agreement is made and entered into by and between the Dubuque County Board of Health, 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 pools and spas, tattoo establishments, and tanning facilities to the CONTRACTOR. I. The term of this Agreement shall be July 1, 2013 to June 30, 2016. II. Contract Administrators Ken Sharp, Director, Division of Environmental Health is the Authorized State Official for this agreement. The Authorized State Official must approve any changes in the terms, conditions, or amounts specified in this contract. Questions regarding implementation of this contract should be referred to Carmily Stone at telephone (515)281 -0921 or Carmily.Stone @idph.lowa.gov 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- Health Services Department Street Address 1300 Main St City, State, Zip Dubuque, IA 52001 Telephone Number 563 -589 -4181 Email mcorriga @cityofdubuque.org III. General Provisions A. The DEPARTMENT agrees to: Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319 -0075 • 515- 281 -7689 • www.idph.state.ia.us DEAF RELAY (Hearing or Speech Impaired) 711 or 1- 800 - 735 -2942 I. Provide technical assistance, rule interpretation and clarifications, engineering support, and registration, permitting, and licensing information to the CONTRACTOR on matters related to the swimming pool and spa program, the tattoo establishment program, and tanning facility program. II. Provide and maintain a standard inspection form for inspection programs to be used by CONTRACTOR. Review and approve local inspection forms when requested by CONTRACTOR. III. Provide and maintain open book self study for new inspectors. Provide feedback to new inspectors regarding study responses. IV. Provide and maintain an annual report form to be completed by CONTRACTOR. V. Develop and provide at a minimum one annual training for swimming pool, spa, tattoo, tanning program. VI. Coordinate training for new inspectors. VII. Delegate enforcement activities to the CONTRACTOR unless: 1. The CONTRACTOR specifically requests the DEPARTMENT'S involvement and the DEPARTMENT agrees to assist. 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: I. Provide the services outlined in this agreement in the following geographic area(s): 1. Dubuque County II. Provide consultation and information to swimming pool and spa facilities, tattoo facilities, and tanning facilities to eliminate or minimize potential health and safety problems. III. Employ adequate personnel to perform inspection services outlined in this agreement. Adequate personnel is defined by: 1. Registered Environmental Health Specialist /Registered Sanitarian (REHS /RS) in good standing with the National Environmental Health Association, or 2. Certified Environmental Health Technician (CENT) in good standing with the National Environmental Health Association, or 3. Provide documentation to the DEPARTMENT that the combination of education and experience are consistent with the requirements of the REHS /RS and /or CENT credentials, or 4. Ensure that a new hire will meet one of the above within 2 years of hire. Provide documentation of meeting this requirement upon request from the DEPARTMENT. IV. Provide a list of employees providing inspection services under this contract upon request from the DEPARTMENT. V. Ensure employees providing inspection services outlined in this agreement obtain a minimum of twelve (12) hours of continuing education per year. The continuing education must be training that has been approved for credit by the Iowa Environmental Health Association's Environmental Health Registry. The CONTRACTOR shall provide evidence of meeting this requirement upon request from the DEPARTMENT. VI. Verify that all inspectors review the applicable Iowa Administrative Codes and this 28E Agreement on an annual basis. VII. Use an inspection form provided or approved by the DEPARTMENT in conducting all inspections pursuant to this agreement. VIII. Conduct all enforcement actions prior to requesting the DEPARTMENT to carry out final action. IX. Submit an annual report on the form provided by the DEPARTMENT. Submit an annual report on the progress of the county in meeting the following Iowa Public Health Standards: 1. Standard AD -3 Comply with and enforce public health laws, rules, and regulations. 2. Local Criteria EH lc-L Annually report environmental health activities to the local board of health and the public. 3, Local Criteria EH 1d -L Maintain a policy and procedure manual for all environmental health services provided. The manual must address the minimum required components and be reviewed at least every three years. X. 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. XI. Maintain accurate, current, and complete records of all activities related to this agreement for a period of three years. XII. Allow the DEPARTMENT to review the CONTRACTOR'S program at the DEPARTMENT'S discretion, which may include a site visit. The review may include a review of the rules, policies, and procedures of the CONTRACTOR; a review of records maintained by the CONTRACTOR related to this agreement; and a review of the CONTRACTOR'S compliance with this agreement. Following each site visit, the DEPARTMENT shall submit a written report to the CONTRACTOR which identifies the findings of the site visit. The DEPARTMENT shall request that the CONTRACTOR submit a corrective action plan with a timetable to address any deficiencies or problems noted in the site visit. The CONTRACTOR shall submit the corrective action plan to the DEPARTMENT for approval within the timelines outlined in the written report. The DEPARTMENT shall review the corrective action plan and accept it or require that it be modified. Failure to provide the required corrective action may result in suspension or termination of the contract. XIII. Comply with the confidentiality requirements contained with Iowa Code Chapter 22, 139 A, 141 A, and other relevant provisions of state law. IV. For the Swimming Pool and Spa Program A. The DEPARTMENT agrees to: 1. Register swimming pools and spas pursuant to Iowa Code Chapter 1351 and 641 IAC Chapter 15, maintain a registration database, and distribute to the CONTRACTOR information on currently registered swimming pools, water slides, and spas. II. Conduct plan review and perform on -site inspections of new construction or substantial reconstruction. The DEPARTMENT will notify the CONTRACTOR when on -site inspections are conducted in an attempt to include the local agency on the inspection. III. Provide facility status updates. B. The CONTRACTOR agrees to: I. Employ adequate personnel to perform swimming pool and spa program services outlined in III. B. III. in this agreement. In addition, the personnel performing swimming pool and spa program services must have a current Certified Pool Operator (CPO) certificate and meet the education requirements of 641 IAC 15.11 (2). 11. Ensure that a new inspector has completed the following prior to performing inspections: 1. Obtained a CPO certificate, 2. Verified that they have read 641 IAC Chapter 15, and 3. Submitted the completed open book self study developed by the DEPARTMENT. III. Provide personnel with the following minimum equipment necessary to perform inspections: 1. Test kit meeting the requirements of 641 IAC 15.4(2) "f' (1) -(3) 2. Measuring Tape 3. GFCI Receptacle Tester 4. Digital Camera 5. Digital Thermometer 6. Screwdrivers- Phillips and Flat Head IV. Conduct annual 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. V. Conduct enforcement actions of violations of the rules governing operation of swimming pools and spas found in 641 IAC— Chapter 15. VI. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of swimming pool and spa inspections completed each month, including routine and special inspections. 2. The number of swimming pools and spas that were closed at the time of inspection by the CONTRACTOR or by the facility management specifically for rule violations regarding: a. Clarity. b. Disinfection residual. c. ORP. The number of enforcement actions taken. 3. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. If no violations fit the previous criteria, note the top 3 violations cited. V. For the Tattoo Establishment Program A. The DEPARTMENT agrees to: I. Permit tattoo artists, permanent color technologists, tattoo establishments, mobile units, and temporary establishments in accordance with Iowa Code Section 135.37 and 641 IAC Chapter22. 11. Provide artist and establishment status updates. B. The CONTRACTOR agrees to: I. Employ adequate personnel to perform tattoo program services outlined in 111. B. 111. in this agreement. In addition, the personnel performing tattoo program services shall have successfully completed a bloodborne pathogen certification from the American Red Cross or an equivalent nationally recognized organization. A new inspector must verify that they have read 641 IAC Chapter 22 and must submit the completed open book self study developed by the DEPARTMENT with their certification prior to performing inspections. II. Ensure that a new inspector has completed the following prior to performing inspections: 1. Obtained a Bloodborne Pathogen Certification, 2. Verified that they have read 641 IAC Chapter 22, and 3. Submitted the completed open book self study developed by the DEPARTMENT. III. Conduct annual 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 IV. Conduct enforcement actions of violations of the rules governing operation of tattoo establishments found in 641 IAC Chapter 22 V. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of tattoo establishment inspections completed each month, including routine and special inspections. 2. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. If no violations fit the previous criteria, note the top 3 violations cited. 3. The number of enforcement actions taken. VI. For the Tanning Facilities Program A. The DEPARTMENT agrees to: I. Permit tanning facilities in accordance with Iowa Code Chapter 136D and 641 IAC Chapter 46. II. Provide the CONTRACTOR training material for tanning facility operators. III. Provide tanning facility status updates. B. The CONTRACTOR agrees to: I. Employ adequate personnel to perform tanning program services outlined in III. B. III. in this agreement. A new inspector must verify that they have read 641 IAC Chapter 46 and must submit the completed open book self study developed by the DEPARTMENT with their certification prior to performing inspections. II. Ensure that a new inspector has completed the following prior to performing inspections: 1. Verified that they have read 641 IAC Chapter 46, and 2. Submitted the completed open book self study test developed by the DEPARTMENT. III. Conduct annual and for -cause inspections of all permitted tanning facilities within the coverage area outlined in this agreement to determine compliance with 641 IAC Chapter 46. IV. Conduct enforcement actions of violations of the rules governing operation of tanning facilities found in 641 IAC Chapter 46. V. Conduct and coordinate monitored examinations for owners and managers in accordance to 641 IAC Chapter 46. VI. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of tanning facility inspections completed each month, including routine and special inspections. 2. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. If no violations fit the previous criteria, note the top 3 violations cited. 3. Number of enforcement actions. VII. 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: I. For the Swimming Pool and Spa program, pursuant to Iowa Code Chapter 1351 and 641 IAC — 15.13. II. For the Tattoo Establishment program, pursuant to Iowa Code section 135.37 and 641 IAC — 22.12. III. For the Tanning Facilities program, pursuant to Iowa Code Chapter 136D and 641 IAC — 46.4(7). 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 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. Termination a. This contract may be terminated by the CONTRACTOR upon thirty (30) working days advance written notice for the failure of the DEPARTMENTto comply with any term, condition, or provision of this contract. In this event, the CONTRACTOR shall deliver to the DEPARTMENT written notice specifying the nature of the DEPARTMENT'S default. The DEPARTMENT shall have the thirty -day notice period to correct the problem that resulted in the default notice. b. The contract may be terminated by the CONTRACTOR upon thirty (30) working days advance written notice if circumstances beyond the control of the CONTRACTOR make continuation of this contract impossible. c. This contract may be terminated by the DEPARTMENTfor 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. H. The Convenience of the DEPARTMENT. The DEPARTMENT may terminate this contract in whole or in part without the payment of any penalty or incurring any further obligation to the CONTRACTOR whenever, for any reason, the DEPARTMENT shall determine that such termination is in the best interest of the State. In this event, the DEPARTMENT shall issue a termination notice to the CONTRACTOR at least ten (10) days prior to the effective termination date. iii. Change in Law. The DEPARTMENT shall have the right to terminate this contract without penalty by providing ten (10) days written notice to the CONTRACTOR if any of the following conditions exist: 1. The DEPARTMENT'S authorization to operate is withdrawn or there is a material alteration in the programs administered by the DEPARTMENT; 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. Dubuque C u,{n y Boa1rd,Off Health Chair, Dubuque County Boardl Health Chair Iowa Department of Public Health BY Ken Sharp, Director Division of Environmental Health ATTACHMENT B DUTIES OF THE CITY OF DUBUQUE A. The CONTRACTOR agrees to: I. Provide the services outlined in this agreement in the following geographic area(s): 1. City of Dubuque, Dubuque County II. Provide consultation and information to swimming pool and spa facilities, tattoo facilities, and tanning facilities to eliminate or minimize potential health and safety problems. III. Employ adequate personnel to perform inspection services outlined in this agreement. Adequate personnel is defined by: 1. Registered Environmental Health Specialist/Registered Sanitarian (REHS /RS) in good standing with the National Environmental Health Association, or 2. Certified Environmental Health Technician (CEHT) in good standing with the National Environmental Health Association, or 3. Provide documentation to the DEPARTMENT that the combination of education and experience are consistent with the requirements of the REHS /RS and /or CEHT credentials, or 4. Ensure that a new hire will meet one of the above within 2 years of hire. Provide documentation of meeting this requirement upon request from the DEPARTMENT. IV. Provide a list of employees providing inspection services under this contract upon request from the DEPARTMENT. V. Ensure employees providing inspection services outlined in this agreement obtain a minimum of twelve (12) hours of continuing education per year. The continuing education must be training that has been approved for credit by the Iowa Environmental Health Association's Environmental Health Registry. The CONTRACTOR shall provide evidence of meeting this requirement upon request from the DEPARTMENT. VI. Verify that all inspectors review the applicable Iowa Administrative Codes and this 28E Agreement on an annual basis. VII. Use an inspection form provided or approved by the DEPARTMENT in conducting all inspections pursuant to this agreement. VIII. Conduct all enforcement actions prior to requesting the DEPARTMENT to carry out final action. IX. Submit an annual report on the form provided by the DEPARTMENT. Submit an annual report on the progress of the county in meeting the following Iowa Public Health Standards: 1. Standard AD -3 Comply with and enforce public health laws, rules, and regulations. 2. Local Criteria EH 1 c -L Annually report environmental health activities to the local board of health and the public. 3. Local Criteria EH 1d -L Maintain a policy and procedure manual for all environmental health services provided. The manual must address the minimum required components and be reviewed at least every three years. X. 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 111. B. 1 at least annually. XI. Maintain accurate, current, and complete records of all activities related to this agreement for a period of three years. XII. Allow the DEPARTMENT to review the CONTRACTOR'S program at the DEPARTMENT'S discretion, which may include a site visit. The review may include a review of the rules, policies, and procedures of the CONTRACTOR; a review of records maintained by the CONTRACTOR related to this agreement; and a review of the CONTRACTOR'S compliance with this agreement. Following each site visit, the DEPARTMENT shall submit a written report to the CONTRACTOR which identifies the findings of the site visit. The DEPARTMENT shall request that the CONTRACTOR submit a corrective action plan with a timetable to address any deficiencies or problems noted in the site visit. The CONTRACTOR shall submit the corrective action plan to the DEPARTMENT for approval within the timelines outlined in the written report. The DEPARTMENT shall review the corrective action plan and accept it or require that it be modified. Failure to provide the required corrective action may result in suspension or termination of the contract. XIII. Comply with the confidentiality requirements contained with Iowa Code Chapter 22, 139 A, 141 A, and other relevant provisions of state law. B. For the Swimming Pool & Spa Program, The CONTRACTOR agrees to: I. Employ adequate personnel to perform swimming pool and spa program services outlined in this agreement. In addition, the personnel performing swimming pool and spa program services must have a current Certified Pool Operator (CPO) certificate and meet the education requirements of 641 IAC 15.11 (2). II. Ensure that a new inspector has completed the following prior to performing inspections: 1. Obtained a CPO certificate, 2. Verified that they have read 641 IAC Chapter 15, and 3. Submitted the completed open book self -study developed by the DEPARTMENT. III. Provide personnel with the following minimum equipment necessary to perform inspections: 1. Test kit meeting the requirements of 641 IAC 15.4(2) "f' (1)- (3) 2. Measuring Tape 3. GFCI Receptacle Tester 4. Digital Camera 5. Digital Thermometer 6. Screwdrivers- Phillips and Flat Head IV. Conduct annual 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. V. Conduct enforcement actions of violations of the rules governing operation of swimming pools and spas found in 641 IAC — Chapter 15. VI. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of swimming pool and spa inspections completed each month, including routine and special inspections. 2. The number of swimming pools and spas that were closed at the time of inspection by the CONTRACTOR or by the facility management specifically for rule violations regarding: a) Clarity b) Disinfection Residual c) ORP The number of enforcement actions taken 3. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. If no violations fit the previous criteria, note the top 3 violations cited. C. For the Tattoo Establishment Program, 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. A new inspector must verify that they have read 641 IAC Chapter 22 and must submit the completed open book self -study developed by the DEPARTMENT with their certification prior to performing inspections. II. Ensure that a new inspector has completed the following prior to performing inspections: 1. Obtained a Blood borne Pathogen Certification, 2. Verified that they have read 641 IAC Chapter 22, and 3. Submitted the completed open book self -study developed by the DEPARTMENT. III. Conduct annual 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 IV. Conduct enforcement actions of violations of the rules governing operation of tattoo establishments found in 641 IAC Chapter 22 V. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of tattoo establishment inspections completed each month, including routine and special inspections. 2. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. If no violations fit the previous criteria, note the top 3 violations cited. 3. The number of enforcement actions taken. D. For the Tanning Facilities Program, The CONTRACTOR agrees to: I. Employ adequate personnel to perform tanning facilities program services outlined in this agreement. Personnel conducting inspections of tanning facilities shall meet one of the following qualifications: 1. Registered Environmental Health Specialist/Registered Sanitarian (REHS /RS) in good standing with the National Environmental Health Association. 2. Certified Environmental Health Technician (CENT) in good standing with the National Environmental Health Association. 3. Provide documentation to the DEPARTMENT that the combination of education and experience are consistent with the requirements of the REHS /RS and /or CEHT credentials. II. Conduct annual and for -cause inspections of all permitted tanning facilities within the coverage area outlined in this agreement to determine compliance with 641 IAC- 46.4(7) and 46.5. III. Pursuant to 641 IAC -46.6, conduct enforcement actions of violations of the rules governing operation of tanning facilities found in 641 IAC -46.4 and 46.5 IV. Conduct and coordinate monitored examinations for owners and managers in accordance to 641 IAC -46.5 (10). V. Submit an annual report to the DEPARTMENT that contains the following information: 1. The number of tanning facility inspections completed each month, including routine and special inspections. 2. The violations that were noted on the inspection sheet in 50% or more of the facilities inspected. ATTACHMENT C DUTIES OF THE IOWA DEPARTMENT OF PUBLIC HEALTH A. The DEPARTMENT agrees to: 1. Provide technical assistance, rule interpretation and clarifications, engineering support, and registration, permitting, and licensing information to the CONTRACTOR on matters related to the swimming pool and spa program, the tattoo establishment program, and tanning facility program. II. Provide and maintain a standard inspection form for inspection programs to be used by CONTRACTOR. Review and approve local inspection forms when requested by CONTRACTOR. III. Provide and maintain open book self -study for new inspectors. Provide feedback to new inspectors regarding study responses. IV. Provide and maintain an annual report form to be completed by CONTRACTOR. V. Develop and provide at a minimum one annual training for swimming pool, spa, tattoo, tanning program. VI. Coordinate training for new inspectors. VII. Delegate enforcement activities to the CONTRACTOR unless: 1. The CONTRACTOR specifically requests the DEPARTMENT's involvement and the DEPARTMENT agrees to assist, 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. For the Swimming Pool & Spa Program, The DEPARTMENT agrees to: 1. Register swimming pools and spas pursuant to Iowa Code Chapter 1351 and 641 IAC Chapter 15, maintain a registration database, and distribute to the CONTRACTOR information on currently registered swimming pools, water slides, and spas. II. Conduct plan review and perform on -site inspections of new construction or substantial reconstruction. The DEPARTMENT will notify the CONTRACTOR when on -site inspections are conducted in an attempt to include the local agency on the inspection. III. Provide facility status updates. C. For the Tattoo Establishment Program, The DEPARTMENT agrees to: I. Permit tattoo artists, permanent color technologists, tattoo establishments, mobile units, and temporary establishments in accordance with Iowa Code Section 135.37 and 641 IAC Chapter 22. II. Provide artist and establishment status updates. D. For the Tanning Facilities Program, The DEPARTMENT agrees to: 1. Permit tanning facilities in accordance with Iowa Code Chapter 136D and 641 IAC- 46.4. II. Provide the CONTRACTOR training material for tanning facility operators. III. Provide tanning facility updates.