Dubuque County Board of Health 28E Agreement_Inspection of Spas, Tattoo Parlors, Etc. Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Dubuque County Board of Health 28E Agreement
SUMMARY: City Manager recommending approval to continue the City's
contract for the inspection of swimming pools and spas,
tattoo parlors and tanning facilities in Dubuque County.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Swimmiing Pool/Tanning/Tattoo Agreement-MVM Memo Staff Memo
Staff Memo Staff Memo
Sub-Contract County/City 28E Supporting Documentation
IDPH Contract Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
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
DATE: August 8, 2016
Public Health Specialist Mary Rose Corrigan recommends City Council approval to
continue the City's contract for the inspection of swimming pools and spas, tattoo
parlors and tanning facilities in Dubuque County.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ZIA-z k�4 ZyL1 -A^--
Mic ael 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
THE CTTY OF Dubuque
ANAeftM
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
SUBJECT: Interagency Agreement between the City of Dubuque and the Dubuque
County Board of Health for Inspection of Pools and Spas, Tattoo Parlors
and Tanning Facilities in Dubuque County
DATE: August 4, 2016
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 training tanning and
tattoo inspectors.
DISCUSSION
The 28E Agreement is between the Iowa Department of Public Health and the Dubuque
County Board of Health. These agreements must go through local boards of health.
The City of Dubuque then has an Interagency Agreement with the County Board of
Health to administer the agreement.
Currently, the following number of facilities are inspected:
Citv County
Pools/spa 23 9
Tanning facilities 9 8
Tattoo parlors 7 0
Attached is the 28E 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 (Attachment A). 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.
BUDGETIMPACT
This contract generates approximately $14,175 per year in revenue for inspections and
fees collected.
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
2
INTERAGENCY AGREEMENT
BETWEEN
THE DUBUQUE COUNTY BOARD OF HEALTH
AND
THE CITY OF DUBUQUE
This Agreement, dated for reference purposes, the 1 day of July, 2016, 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").
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 135.37 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 Attachment A, which are
hereby made a part of this Agreement. The references in Attachment A "Contractor" will
be construed to mean City.
SECTION 4. PERIOD OF AGREEMENT. This Agreement is valid from July 1, 2016
and through June 30, 2019.
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
Baal C. Van Milligan
City Manager
Cindy M. Steinhauser
Asst. City Manager
August 15, 2016
Patrice Lambert
Dubuque County Board of Health
Date Date
Attachment:
A: Agreement between the State of Iowa and the Dubuque County Board of Health
I
28E
Agreement
Paul D. Pate
Secretary of State
State of Iowa
FO
R
O
F
F
I
C
E
U
S
E
O
N
L
Y :
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 3. The purpose of this agreement is: (please be specific)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Item 6. Attach two copies of the agreement to this form if not filing online.
Item 7. The primary contact for further information regarding this agreement is: (optional)
LAST Name _________________________________ FIRST Name ___________________________
Title ________________________________________ Department ____________________________
Email ______________________________________ Phone_________________________________
Item 4. The duration of this agreement is: (check one) Agreement Expires ____________ Indefinite Duration
[mm/dd/yyyy]
*Enter “Other” if
not in Iowa
(Use the filing number of the most recent version filed for this agreement)
The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e.
Item 5.Does this agreement amend or renew an existing agreement? (check one)
NO
YES Filing # of the agreement: ____________
Item 1. The full legal name, organization type and county of each participant to this agreement are:
Full Legal Name Organization Type *County
Party 1
Party 2
Party 3
Party 4
Party 5
Item 2.The type of Public Service included in this agreement is: ________ _______________________________
(Enter only one Service Code and Description)Code Number Service Description
515-281-5099
4
8/15/2016 1:30:12 PM
Division Director
Iowa Department of Public Health
ken.sharp@idph.iowa.gov
6/30/2019
DubuqueDubuque County Local Board of Health
Division Director
530 Health
Polk
M509236
County
Sharp
4
Ken
FILED
State Agency
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.
Iowa Department of Public Health
Promoting and Protecting the Health of lowans
GerdW, Clabaugh, MPA Terry E. Branstad Kim Reynolds
Director Governor Lt. Governor
28E-2017-PTT-31
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
Dubuque County Local Board of Health
This Agreement is made and entered into by and between Dubuque County Local 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, 2016 to June 30, 2019.
II. Contract Administrators
Ken Sharp, Director, Division of Acute Disease Prevention, Emergency Response, & 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.StonePidph.iowa.gov .
Name 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 dba Health Services Dept.
Street Address 1300 Main St
City, State, Zip Dubuque, IA 52001
Telephone Number 563-589-4181
Email mcorriga@cityofdubuque.org
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 • 515-281-7689 • www.idph.iowa.gov
DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942
General Provisions
A. The DEPARTMENT agrees to:
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
program, and tanning facility program,
II. Provide and maintain a standard inspection form for inspection programs to be
used by CONTRACTOR.
III. Provide and maintain an annual report form to be completed by CONTRACTOR.
IV. Develop and provide at a minimum one annual training for swimming pool, spa,
tattoo, and tanning program.
V. Coordinate training for new inspectors.
VI. 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):
Dubuque County County.
II. Provide consultation and information to swimming pool and spa facilities, tattoo
facilities & artists, 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. Education consistent with the requirements of the REHS/RS, or
3. Graduated from a recognized two year college program in an environmental
health field, or
4. Graduated from a standard four-year high school, and has a minimum of two
years' work experience in one or more of the fields of environmental health.
Provide documentation of meeting this requirement upon request from the
DEPARTMENT.
IV. Provide a list of employees providing inspection services under this contract upon
request from the DEPARTMENT. The CONTRACTOR will notify the DEPARTMENT
within 30 days of personnel changes.
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 Codes, Administrative Codes,
and this 28E Agreement on an annual basis.
VII. Use an inspection form provided by the DEPARTMENT in conducting all inspections
pursuant to this agreement. The CONTRACTOR may use an alternative form;
however the alternative form shall at a minimum contain the items included on the
DEPARTMENT'S form. The DEPARTMENT may request to review the alternative
form and may require revisions to be made.
VIII. Ensure that inspected facilities are currently registered or permitted.
IX. Conduct all enforcement actions prior to requesting the DEPARTMENT to carry out
final action. Enforcement activities may include, but are not limited to, requiring
facilities to complete Corrective Action Plans, following up on Corrective Action
Plans, special inspections, testifying at enforcement hearings, preparing a timeline
or communication log of activities that have occurred between the inspection
agency and the facility.
X. Submit requests for variances that the CONTRACTOR receives from the facilities to
the DEPARTMENT within 15 days of its receipt. The CONTRACTOR shall include
their written response with the request for variance for consideration by the
DEPARTMENT.
XI. 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:
1. Comply with and enforce public health laws, rules, and regulations.
2. Annually report environmental health activities to the local board of health
and the public.
3. Maintain a policy and procedure manual for all environmental health
services provided.
XII. Link with the local board of health for each jurisdiction where services are provided
to assist the local board of health in performing its roles and responsibilities as
defined in 641 IAC-77.3. The CONTRACTOR shall provide a report to each local
board of health in each county outlined in III. B. I at least annually.
XIII. Maintain accurate, current, and complete records of all activities related to this
agreement for a period of five years.
XIV. 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.
XV. Comply with the confidentiality requirements contained with Iowa Code Chapter 22,
139A, 141A, and other relevant provisions of state law.
IV. For the Swimming Pool and Spa Program
A. The DEPARTMENT agrees to:
I. Register swimming pools and spas pursuant to Iowa Code Chapter 1351 and 641IAC
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), AFO, PPSO, or LAFT certificate and meet the education
requirements of 641IAC 15.
II. Provide personnel with the following minimum equipment necessary to perform
inspections:
1. Test kit meeting the requirements of 641 IAC 15.
2. Measuring Tape
3. GFCI Receptacle Tester
4. Digital Camera
5. Digital Thermometer
6. Screwdrivers- Phillips and Flat Head
III. Conduct a minimum of one routine, annual inspection and for-cause special
inspections of all registered swimming pools and spas within the coverage area
outlined in this agreement to determine compliance with 641 IAC Chapter 15.
Inspections or follow up may be required for facilities found to be unregistered.
IV. Forward reportable incidents received by the CONTRACTOR to the DEPARTMENT
within one day of receipt.
V. 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 complaints received regarding a swimming pool and spa and
the reason for the complaint.
3. 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.
3. The number of enforcement actions taken.
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.
II. Provide artist and establishment status updates.
B. The CONTRACTOR agrees to:
I. Employ adequate personnel to perform tattoo program services outlined in III. B. III.
in this agreement. In addition, the personnel performing tattoo program services
shall have successfully completed a blood borne pathogen certification from the
American Red Cross or an equivalent nationally recognized organization.
II. Ensure that a new inspector has completed the following prior to performing
inspections:
1. Obtained a Blood borne Pathogen Certification,
III. Conduct a minimum of one routine, annual inspection and for-cause inspections of
all permitted tattoo establishments, temporary establishments, and mobile units,
within the coverage area outlined in this agreement to determine compliance with
641 IAC - Chapter 22. Inspections or follow up may be required for facilities found
to be unregistered.
IV. 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 number of complaints received regarding a tattoo artist or tattoo
establishment and the reason for the complaint.
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.
4. 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.
II. Conduct a minimum of one routine, annual inspection 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. Inspections or follow up may be
required for facilities found to be unregistered.
III. Conduct and coordinate monitored examinations for owners and managers in
accordance to 641 IAC Chapter 46.
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 number of complaints received regarding a tanning operator or a
tanning facility and the reason for the complaint.
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.
4. 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.
II. For the Tattoo Establishment program, pursuant to Iowa Code section 135.37 and
641 IAC - 22.
III. For the Tanning Facilities program, pursuant to Iowa Code Chapter 136D and 641
IAC - 46.
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. Subcontracting. None of the work or services relating to this contract shall be subcontracted
to another organization or individual without specific prior written approval by the Department
except for subcontracts under $2000. To obtain approval, the Contractor shall submit to the
Department the proposed contract or written agreement between the parties. The proposed
contract or agreement shall contain:
(1] A list of the work and services to be performed by the subcontractor.
(2) The contract policies and requirements.
(3) Provision for the Department, the Contractor, and any of their duly authorized
representatives to have access, for the purpose of audit and examination, to any documents,
papers, and records of the subcontractor pertinent to the subcontract.
(4) The amount of the subcontract.
(5] A line item budget of specific costs to be reimbursed under the subcontract or agreement or
other cost basis for determining the amount of the subcontract as appropriate.
(6) A statement that all provisions of this contract are included in the subcontract including
audit requirements.
(7) Period of performance.
(8) Any additional subcontract conditions.
a. Any subcontract or other written agreement shall not affect the Contractor's overall
responsibility and accountability to the Department for the overall direction of the project.
b. If during the course of the subcontract period the Contractor or subcontractor wishes to change
or revise the subcontract, prior written approval from the Department is required.
c. The Contractor shall maintain a contract administration system which ensures that
subcontractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
d. The Contractor shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of any subcontract. No employee, officer or
agent of the Contractor or subcontractor shall participate in the selection or in the award or
administration of a subcontract if a conflict of interest, real or apparent, exists.
E. Termination
a. This contract may be terminated by the CONTRACTOR upon thirty (30) working days
advance written notice for the failure of the DEPARTMENT to comply with any term,
condition, or provision of this contract. In this event, the CONTRACTOR shall deliver to the
DEPARTMENT written notice specifying the nature of the DEPARTMENT'S default. The
DEPARTMENT shall have the thirty-day notice period to correct the problem that resulted
in the default notice.
b. The contract may be terminated by the CONTRACTOR upon thirty (30) working days
advance written notice if circumstances beyond the control of the CONTRACTOR make
continuation of this contract impossible.
c. This contract may be terminated by the DEPARTMENT for any of the following reasons:
i. Default by the CONTRACTOR. The failure of the CONTRACTOR to comply with any
term, condition, or provision of this contract shall constitute a default by the
CONTRACTOR. In this event, the DEPARTMENT shall deliver to the CONTRACTOR
written notice specifying the nature of the CONTRACTOR'S default. The
DEPARTMENT may make termination of the contract effective immediately. If the
notice of default does not indicate that the contract shall be terminated immediately,
the CONTRACTOR shall have thirty-day notice period to correct the problem that
resulted in the default notice.
ii. The Convenience of the DEPARTMENT. The DEPARTMENT may terminate this
contract in whole or in part without the payment of any penalty or incurring any
further obligation to the CONTRACTOR whenever, for any reason, the
DEPARTMENT shall determine that such termination is in the best interest of the
State. In this event, the DEPARTMENT shall issue a termination notice to the
CONTRACTOR at least ten (10) days prior to the effective 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 Board of Health
Digitally signed by Patnca Lambait
. . , . . DN: cr=Patrice Lambert, o=Dubuque
Patrice Lambert
n«r ema3=ptambertgdbqco.otg, c=US
£> % Dale: 2016-07.OS 12:27:35 -OS0V
Chair, Local Board of Health
DATE
Iowa Department of Public Health
fmxi Digitally signed by Sharp, Ken
Sharp, Ken ^o^m^o^ BY
Ken Sharp, Director
Division of Acute Disease Prevention, Emergency Response, & Environmental Health
DATE