Interagency Agreement_Dbq Board of Health?HE CITY QF '~
DuB E
Masterpiece ~n the Mississippi
MEMORANDUM
June 11, 2007
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, Tattoo Parlors
and Tanning Facilities in Dubuque County
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.
Since 1991, the City of Dubuque Health Service Department has maintained an
interagency agreement with the Iowa Department of Public Health to enforce the State
swimming pool and spa inspection program. The City inspects public pools and spas
within the city limits, and also in the county. This agreement would now add Health
Department responsibility for inspections in the county of the 18 tanning establishments
and the one tattoo parlor.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(~v ~.
.~ ~~~1 1
Mic ael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
June 4, 2007
TO: Michael C. Van Milligen, t anager
FROM: Mary Rose Corrigan,, Public Health Specialist
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
INTRODUCTION
This memorandum provides a recommendation for updating the City's contract for the
inspection of swimming pools and spas to include tattoo parlors and tanning facilities in
Dubuque County.
BACKGROUND
Since 1991, the City of Dubuque Health Services Department has maintained an
interagency agreement with the Iowa Department of Public Health to enforce the State
swimming pool and spa inspection program consistent with the provisions of Chapter
641-15, IAC. 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 swimming pool/spa staff. The City inspects public pools and spas within the city
limits, and also in the 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.
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. Effective FY 2008, IDPH will no longer issue 28E agreements to provide partial
services under the Pool, Tattoo and Tanning Inspection Program. In order to continue
our pool inspection program, we must agree to provide the tanning/tattoo parlor
inspections under this 28E and subcontract agreement with Dubuque County Board of
Health.
Staff has reviewed the number of establishments in Dubuque County and the
subsequent revenues that would be received. A total of 18 tanning establishments,
producing $2211 in revenue would require annual inspections in Dubuque County.
Most of the facilities are in communities where we currently do swimming pool
inspections, which would allow these to be done on the same trip to that community,
i.e., Cascade, Dyersville, etc. Currently, there is one tattoo parlor in Dubuque County.
If we decide not to contract for the additional tanning/tattoo inspections, another County
would add Dubuque to their contract. Linn County is currently conducting tanning
inspections in the city of Dubuque and Dubuque County and would consider taking on
our contract if we elect not to do so. However, their preference is for us to do the
inspections.
In November 2006, we submitted a letter to IDPH indicating our interest in adding tattoo
and tanning inspections to our contract. Although these inspections would add to our
workload, the idea of giving up local pool inspection services is not desirable. Similarly
to local food inspections, Health Services Department staff can provide more timely and
efficient inspections and problem solving for the pools/spas in Dubuque, including those
at hotels.
Attached is the Interagency Agreement between the Iowa Department of Public Health
and the Dubuque County Board of Health. 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.
As always, if an enforcement proceeding involving the courts would be necessary in the
county, we would work with the County Attorney. To date, we have not had to resort to
these matters. Pool and spa owners have been compliant in correcting deficiencies
since the rules and regulations provide for an effective means of enforcement without
court action.
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.
M RC/cj
cc: Paul Buss, Director, Dubuque County Health Department
INTERAGENCY AGREEMENT
BETWEEN
THE DUBUQUE COUNTY BOARD OF HEALTH
AND
THE CITY OF DUBUQUE
This Agreement is made and entered into between the Dubuque County Board of
Health (hereinafter referred to as Board) and the City of Dubuque (hereinafter referred
to as City).
1. Authority. 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.
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 pool and spa,
tattoo establishments and tanning facilities program.
If any provision contained herein is in conflict with any State, Federal or Local law or
shall be declared to be invalid by any court of record of this State, such invalidity shall
affect only such portions as are declared invalid or in conflict with the law.
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 operation,
as specified in 1989 Iowa Code Supplement Chapter 1351 and Chapters 641-15, IAC,
and in the 28E Agreement with the Iowa IDPH 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 rules relating to swimming pools and spas, tattoo
establishments and tanning facilities.
3. Duties. The duties of the parties are listed in Attachments A and B, which are
hereby made a part of this Agreement.
4. Period of Agreement. This Agreement is valid from July 1, 2007 and shall
continue through June 30, 2010.
5. Legal or Administrative Entity Created: No new legal or administrative entity is
created by this Agreement.
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. The City shall collect and
retain registration fees pursuant to the Iowa Code 1351 and 641-Chapter 15, Iowa
Administrative Code.
7. Reporting. The City shall provide the Board and the Iowa IDPH of Public Health
with a report of its inspection and enforcement activity on an annual basis. These
reports are due at the Iowa IDPH of Public Health as follows:
(I) Annual Report (July 1 -June 30) submitted not later than August 1 and shall
include the following:
1. Monthly breakdown of the number of inspections, for each type of
inspection.
2. Number of enforcement actions required to eliminate deficiencies, for
each type of inspection.
3. Number of facilities closed, for each type of facility.
(II) January 10 for the 4th calendar quarter, for the period 1 July thru December
31.
These semi-annual reports shall consist of:
(I) The number of inspections conducted during the period.
(II) Number of pools/spas requiring enforcement action.
(III) Number of pools/spas closed.
(IV) Number of pools/spas where legal action was required to eliminate
deficiencies.
8. Termination: The Board or the City may terminate this Agreement by providing to
the other party a written notice of intent to terminate this Agreement at least 30 days
prior to the intended date of termination. The notice shall specify the reasons for
termination and shall be delivered via U.S. certified mail.
Upon termination, the City shall transfer to the Board all inspection and enforcement
records in its possession and all other documents generated as a result of this
Agreement not later than 30 days following the stated termination date.
IN WITNESS WHEREOF, the Board and the City have executed two copies of this
Agreement, each of which shall be considered an original.
CITY OF DUBUQUE
Michael C. Van Milligen
City Manager
Date
DUBUQUE COUNTY BOARD OF HEALTH
Dr. John Viner, MD, Chair
Dubuque County Board of Health
Date
ATTACHMENT A
DUTIES OF CITY OF DUBUQUE
General Provisions:
CONTRACTOR agrees to:
1. Provide the services outlined in this agreement in the following geographic
area(s): Dubuque County.
2. 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 IDPH.
3. 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.
4. Provide consultation and information to swimming pool and spa facilities, tattoo
facilities, and tanning facilities, at the time of inspection of the facility, to eliminate
or minimize potential health and safety problems.
5. Allow IDPH to review the CONTRACTOR'S program at the IDPH's discretion,
which may include a site visit. The review shall 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,
IDPH may submit a written report to the CONTRACTOR which identifies the
findings of the site visit. IDPH may 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 IDPH for approval within the timelines outlined in the written report. The
CONTRACTOR agrees to implement the plan after it is approved by IDPH.
Failure to do so may result in suspension or termination of the contract.
6. Maintain accurate, current, and complete records of all activities related to this
agreement for a period of three years.
For the Swimming Pool and Spa Program:
1. CONTRACTOR agrees to employ adequate personnel to perform swimming pool
and spa program services outlined in this agreement. Personnel conducting
inspections of swimming pools and spa shall meet the requirements defined in
641 IAC - 15.13.
2. CONTRACTOR agrees to conduct annual and for-cause inspections of all
registered swimming pools and spas within the coverage area outlined in this
agreement to determine compliance with 641 IAC - 15.4, 15.11, 15.12 and
15.51.
3. CONTRACTOR agrees to pursuant to 641 IAC, conduct enforcement actions of
violations of the rules governing operation of swimming pools and spas found in
641 IAC - 15.4, 15.11, 15.12 and 15.51.
4. CONTRACTOR agrees to submit an annual report to IDPH that contains the
following information:
• The number of swimming pool and spa inspections completed each
month, including routine and special inspections.
• The percentage of facilities with violations that submitted approved
corrective action plans with the timeframe specified by the
CONTRACTOR.
• The percentage of facilities that complied with the corrective action plan at
the next regular or special inspection.
• The number of swimming pools and spas that were closed by the
CONTRACTOR or by the facility management for rule violations.
For the Tattoo Establishment Program:
1. CONTRACTOR agrees to employ adequate personnel to perform tattoo
establishment program services outlined in this agreement. Personnel conducting
inspections of tattoo establishments shall meet one of the following qualifications:
• Registered Environmental Health Specialist/Registered Sanitarian
(REHS/RS) in good standing with the National Environmental Health
Association.
• Certified Environmental Health Technician (CENT) in good standing with the
National Environmental Health Association.
• Provide documentation to IDPH that the combination of education and
experience are consistent with the requirements of the REHS/RS and/or
CENT credentials.
2. CONTRACTOR agrees to conduct annual and for-cause inspections of all
permitted tattoo establishments within the coverage area outlined in this agreement
to determine compliance with 641 IAC - 22.3, 22.4, 22.5, 22.6 and 22.7.
3. CONTRACTOR agrees to pursuant to 641 IAC - 22.9, conduct enforcement
actions of violations of the rules governing operation of tattoo establishments found
in 641 IAC - 22.3, 22.4, 22.5, 22.6 and 22.7.
4. CONTRACTOR agrees to submit an annual report to IDPH that contains the
following information:
• The number of tattoo establishment inspections completed each month,
including routine and special inspections.
• The percentage of tattoo establishments with violations that corrected
those violations within the timeframe specified by the CONTRACTOR'S
enforcement actions.
• The number of tattoo establishments that were closed for rule violations.
For the Tanning Facilities Program:
1. CONTRACTOR agrees to 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:
• Registered Environmental Health Specialist/Registered Sanitarian
(REHS/RS) in good standing with the National Environmental Health
Association.
• Certified Environmental Health Technician (CEHT) in good standing with the
National Environmental Health Association.
• Provide documentation to IDPH that the combination of education and
experience are consistent with the requirements of the REHS/RS and/or
CENT credentials.
2. CONTRACTOR agrees to conduct annual and for-cause inspections of all
registered tanning facilities within the coverage area outlined in this agreement to
determine compliance with 641 IAC - 46.4(7) and 46.5.
3. CONTRACTOR agrees to 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.
5. CONTRACTOR agrees to submit an annual report to IDPH that contains the
following information:
• The number of tanning facility inspections completed each month,
including routine and special inspections.
• The percentage of tanning facilities with violations that corrected those
violations within the timeframe specified by the CONTRACTOR'S
enforcement actions.
ATTACHMENT B
DUTIES OF THE IOWA IDPH OF PUBLIC HEALTH (IDPH)
General Provisions:
1. Provide technical assistance and consultation to the CONTRACTOR on matters
related to the swimming pool and spa program, the tattoo establishment
program, and the tanning facility program.
2. Provide training for local inspectors, inspection forms, and public information
brochures that support the services outlined in this agreement.
3. Delegate enforcement activities to the CONTRACTOR unless:
• The CONTRACTOR specifically requests the IDPH'S involvement and the
IDPH agrees to accept responsibility..
• The CONTRACTOR actions are determined by the IDPH to be inappropriate
or untimely.
For the Swimming Pool and Spa Program
1. IDPH agrees to register swimming pools and spas pursuant to Iowa Code
Chapter 1351 and 641 IAC-15.9.
2. IDPH agrees to conduct plan review and perform on-site inspections of new
construction or reconstruction pursuant to 641 IAC-15.5 and 641 IAC - 15.52.
For the Tattoo Establishment Program:
1. IDPH agrees to permit tattoo establishments and tattoo artists in accordance with
Iowa Code Section 135.37 and 641 IAC - 22.7
2. IDPH agrees to disseminate to the CONTRACTOR information regarding
sanitation, infection control and operating procedures related to the tattoo
establishment program.
For the Tanning Facilities Program:
1. IDPH agrees to permit tanning facilities in accordance with Iowa Code Chapter
136D and 641 IAC - 46.4.
2. IDPH agrees to provide the CONTRACTOR training material for tanning facility
operators.
3. IDPH agrees to disseminate to the CONTRACTOR information regarding health
practices, safety measures and operating procedures related to the tanning
facility program.
~+-~ Iowa Department of Public Health
Advancing Health Through the Generations
Chester J. Culver Patty Judge Thomas Newton, MPP, REHS
Y E A R S Governor Lt. Governor Director
28E-2008-PTT-DB
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
Dubuque County
This Agreement is made and entered into by and between Dubuque County, hereinafter 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, 2007 to June 30, 2010.
II. Contract Administrators
Ken Sharp, Interim 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 Ken Sharp at telephone (515)281-7462 or
ksharp(c~idph.state.ia.us .
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 Corri an
Business Name Cit of Dubu ue
Street Address Cit of Dubu ue Health Services, 1300 Main St.
City, State, Zip Dubuque, IA 52001
Tele hone Number 563-589-4181
III. General Provisions
A. The DEPARTMENT agrees to:
I. Provide technical assistance and consultation to the CONTRACTOR on matters
related to the swimming pool and spa program, the tattoo establishment program,
and the tanning facility program.
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 ^ 515-281-7689 ^ www.idgh.state.ia.us
DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942
II. Provide training for local inspectors, inspection forms, and public information
brochures that support the services outlined in this agreement.
III. Delegate enforcement activities to the CONTRACTOR unless:
1. The CONTRACTOR specifically requests the DEPARTMENT's
involvement and the DEPARTMENT agrees to accept responsibility.
2. The CONTRACTOR actions are determined by the DEPARTMENT to be
inappropriate or untimely.
B. The CONTRACTOR agrees to:
I. Provide the services outlined in this agreement in the following geographic
area(s):
1. Dubuque County
II. 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.
III. 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 asdefined in 641 IAC-77.3.
IV. Provide consultation and information to swimming pool and spa facilities, tattoo
facilities, and tanning facilities, at the time of inspection of the facility, to
eliminate or minimize potential health and safety problems.
V. Allow the DEPARTMENT to review the CONTRACTOR'S program at the
DEPARTMENT'S discretion, which may include a site visit. The review shall
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 may submit a written report to the
CONTRACTOR which identifies the findings of the site visit. The
DEPARTMENT may 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 CONTRACTOR agrees to implement the plan after it is approved by the
DEPARTMENT. Failure to do so may result in suspension or termination of the
contract.
VI. Maintain accurate, current, and complete records of all activities related to this
agreement for a period of three years.
IV. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
I. Register swimming pools and spas pursuant to Iowa Code Chapter 135I and 641
IAC -15.9.
II. Conduct plan review and perform on-site inspections of new construction or
reconstruction pursuant to 641 IAC -15.5 and 641 IAC -15.52.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform swimming pool and spa program services
outlined in this agreement. Personnel conducting inspections of swimming pools
and spas shall meet the requirements defined in 641 IAC -15.13.
II. Conduct annual and for-cause inspections of all registered swimming pools and
spas within the coverage area outlined in this agreement to determine compliance
with 641 IAC - 15.4, 15.11, 15.12, and 15.51.
III. Pursuant to 641 IAC - 15.6, conduct enforcement actions of violations of the
rules governing operation of swimming pools and spas found in 641 IAC - 15.4,
15.11, 15.12, and 15.51.
IV. 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 percentage of facilities with violations that submitted approved
corrective action plans within the timeframe specified by the
CONTRACTOR.
3. The percentage of facilities that complied with the corrective action plan
at the next regular or special inspection.
4. The number of swimming pools and spas that were closed by the
CONTRACTOR or by the facility management for rule violations.
V. For the Tattoo Establishment Program
A. The DEPARTMENT agrees to:
I. Permit tattoo establishments and tattoo artists in accordance with Iowa Code
Section 135.37 and 641 IAC - 22.7.
II. Disseminate to the CONTRACTOR information regarding sanitation, infection
control, and operating procedures related to the tattoo establishment program.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo establishment program services
outlined in this agreement. Personnel conducting inspections of tattoo
establishments 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 (CEHT) 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 CENT credentials.
II. Conduct annual and for-cause inspections of all permitted tattoo establishments
within the coverage area outlined in this agreement to determine compliance with
641 IAC - 22.3, 22.4, 22.5, 22.6, and 22.7.
III. Pursuant to 641 IAC - 22.9, conduct enforcement actions of violations of the
rules governing operation of tattoo establishments found in 641 IAC - 22.3, 22.4,
22.5, 22.6, and 22.7.
IV. 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 percentage of tattoo establishments with violations that corrected
those violations within the time frame specified by the CONTRACTOR'S
enforcement actions.
3. The number of tattoo establishments that were closed for rule violations.
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 - 46.4.
II. Provide the CONTRACTOR training material for tanning facility operators.
III. Disseminate to the CONTRACTOR information regarding health practices, safety
measures, and operating procedures related to the tanning facility program.
B. 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 (CEHT) 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. 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 percentage of tanning facilities with violations that corrected those
violations within the time frame specified by the CONTRACTOR'S
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 135I
and 641 IAC - 15.12.
II. For the Tattoo Establishment program, pursuant to Iowa Code section 135.37 and
641 IAC - 22.7.
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 maybe available to the
DEPARTMENT or the State of Iowa.
D. Termination
a. This contract maybe 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 maybe 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 maybe 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 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 County
BY
DATE
Chair, Local Board of Health
Iowa Department of Public Health
BY
Ken Sharp, Interim Director
Division of Environmental Health
DATE