DELEGATION AGMT WITH ADHS AMD 1 (01).PDF

DELEGATION AGREEMENT
No. AGR2017-048
C-86-17-068-3-01 AMENDMENT #1
DELEGATION AGREEMENT
Between
ARIZONA DEPARTMENT OF HEALTH SERVICES
And
MARICOPA COUNTY
A Delegation Agreement is defined in Arizona Revised Statutes (“A.R.S.”) § 41-1001(7) as “an agreement
between an agency and a political subdivision that authorizes the political subdivision to exercise
functions, powers and duties conferred on the delegating agency by a provision of law.” A.R.S. § 41-1081
establishes standards of delegation.
The Arizona Department of Health Services (“ADHS”) is authorized by A.R.S. § 36-601.01(G)(10) to
delegate to a political subdivision of this state any functions, powers or duties under the Smoke-Free
Arizona Act. ADHS is authorized by A.R.S. § 36-136(E) to delegate to a local health department, county
environmental department, or public health services district any functions, powers, or duties that the
ADHS Director (“Director”) believes can be competently, efficiently, and properly performed by the local
health department, county environmental department, or public health services district.
Maricopa County ("County") is a political subdivision of this state. See A.R.S. §§ 11-109 and 38-382. As
a political subdivision of this state, Maricopa County, through its County Department of Public Health
(“MCDPH”) and County Environmental Services Department (“MCESD”), may carry out delegated
functions, powers, and duties on behalf of ADHS. See A.R.S. §§ 36-136(E), 36-182, 36-601.01(G)(10)
and 41-1001(7).
A.R.S. § 11-201(A)(3) authorizes the Maricopa County Board of Supervisors to enter into contracts as
necessary to assist the County in exercising its powers.
This amendment revises agreement Number AGR2017-048 in its entirety. All terms and conditions of this
agreement shall supersede the prior agreement.
Therefore, the Director delegates to the County, and the County agrees to accept and perform the
functions, powers, and duties described in Appendix B, in accordance with the terms and conditions of
this Delegation Agreement (“Agreement”). The functions, powers, and duties to be retained by ADHS
are described in Appendix B.
1. RECORDS AND INSPECTIONS:
1.1. The County agrees to retain all records and data related to the delegated functions,
powers, and duties identified in Appendix B.
1.2. The County agrees to retain all records and data according to the Arizona State Library,
Archives and Public Records, General Records Retention Schedule for All State and
Local Agencies for Environmental Quality, Health, Management and Sustainability
Records. See http://apps.azlibrary.gov/records/general.aspx for more information.
1.3. All records are subject to inspection and audit by the ADHS’ Office of Environmental
Health (“OEH”). Upon receiving a request for records from OEH, the County agrees to
produce a legible copy of any or all such records as requested to OEH within five (5)
business days of receiving the OEH records request.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
1.4. An OEH representative, after providing prior notice to the County, may accompany
County representatives on inspection related to delegated functions and review all
County records related to delegated functions, powers, and duties identified in Appendix
B.
1.5. A County representative, after providing prior notice to OEH, may request to accompany
an OEH representative on an OEH inspection for the purposes of training, information
sharing, or to coordinate County and OEH actions related to delegated functions, powers,
and duties identified in Appendix B.
2. ENFORCEMENT ACTIONS:
2.1. The County, when exercising enforcement related to delegated functions, powers, and
duties under this Agreement, shall comply with all applicable state statutes and rules
identified in Appendix B.
2.2. The County shall be responsible for enforcement actions for those functions, powers, and
duties identified in Appendix B.
2.3. The County shall respond to public nuisances dangerous to public health, as specified in
A.R.S. § 36-601(A), and which fall under the County's delegated functions, powers, and
duties identified in Appendix B. The OEH retains the authority to also respond to public
nuisances dangerous to the public health. Unless a public nuisance dangerous to public
health exists, no enforcement actions on a delegated function will be initiated by the OEH
until the County has received notice of a violation from OEH and the County has had five
(5) business days after receipt of the OEH notice of violation to initiate an enforcement
action.
2.4. The County shall be responsible for the following:
2.4.1. Food Safety and General Sanitation Control:
See Appendix B.
2.4.2. Pure Food Control:
The County shall administer and enforce the provisions of A.R.S. §§ 36-901
through 36-916 which prohibits the manufacture, sale, holdings or delivery of
adulterated and misbranded foods. Where adulterated or misbranded food is
manufactured, sold, held, or delivered from or within the County, and no
portion of such manufacture sale, holding, or delivery occurs within any other
county of the state, the County may take enforcement action without first
notifying OEH. However, if any portion of the manufacture, sale, delivery,
holding, or offering for sale of adulterated or misbranded food occurs within
any other county of the state, no enforcement action shall be initiated by the
County until after OEH has received a notice of violation and has five (5)
business days from the date the notice was received to initiate an
enforcement action. The County shall, within 24 hours of identifying an
emergency case, provide notice of violation to the OEH of the nature and
extent of the violation of state statutes or rule relating to adulterated or
misbranded foods, and shall provide additional information as OEH may
require. See Appendix B.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
2.4.3. Smoke-Free Arizona Act:
County shall be responsible for the education, inspections, investigations,
and complaint responses for the Smoke-Free Arizona Act according to
delegated functions, powers, and duties identified in Appendix B. The County
shall forward reports of violation related to the Smoke-Free Arizona Act to the
OEH for enforcement. See Appendix B.
3. FEES AND CIVIL PENALTIES:
The County is authorized to collect fees and assess civil penalties by: A.R.S. §§ 36-183.04; 36-
183.05; 36-187; and 36-602. The County is also authorized to collect fees and assess civil
penalties for delegated functions, powers, and duties under this Agreement, if such authority is
included in the laws and rules identified in Appendix B.
4. QUALIFICATIONS OF PERSONNEL:
4.1. A County representative exercising delegated functions, powers, and duties identified in
Appendix B with regard to Food and General Sanitation Control and Pure Food Control
shall be an Arizona Registered Sanitarian authorized by A.R.S. § 36-136.01 or an
unregistered individual that prepares and submit inspection reports to an Arizona
Registered Sanitarian. Individuals that are not registered sanitarians shall not approve or
disapprove the operation of a food establishment.
4.2. A County representative exercising delegated functions, powers, and duties identified in
Appendix B with regard to the Smoke-Free Arizona Act, shall meet County personnel
rules.
5. STANDARDS OF PERFORMANCE AND REPORTING:
5.1. The County’s performance of delegated functions under the Agreement shall be in
accordance with state statues and rules identified in Appendix B and inspections for:
5.1.1. Food establishments shall be inspected at a frequency outlined in section 8-
401.10 and 8-401.20 of the food code.
5.1.2. Semi-public bathing places shall be inspected at least once each calendar
year and public swimming pools shall be inspected at least once for every 30
days the public swimming pool is open for public use.
5.1.3. Public schools shall occur at least once each calendar year.
5.2. Unregistered individuals conducting food safety inspections shall receive food code
training or have completed the Food and Drug Administration's Voluntary National Retail
Food Regulatory Program Standards Standard 2 prerequisite training curriculum prior to
conducting independent retail food inspections.
5.3. The County shall provide annually a:
5.3.1. Food and General Sanitation Annual Report to the OEH Food Safety &
Environmental Services Section, using the form provided in Appendix C, by
September 1; and
5.3.2. Smoke-Free Arizona Annual Report to the OEH Smoke-Free Arizona
Section, using the form provided in Appendix D, by May 10.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
6. TERMINATION:
6.1. This Agreement may be terminated in whole or in part by the Director or the County,
effective ninety (90) calendar days after either the Director or the County provides written
notice of termination by certified mail to the other.
6.2. The County, prior to the termination of all or part of this Agreement, shall forward to the
Director:
6.2.1. A list and summary of the functions, powers, and duties the County is
terminating;
6.2.2. All pending complaints and enforcement actions received by the County for
those functions, powers, and duties being terminated;
6.2.3. The Smoke-Free Arizona Annual Report, identified in Appendix D, updated
from the date of the last Smoke-Free Arizona Annual Report submitted to the
Department for analyzing Smoke-Free Arizona activities to enforce this law,
including all complaints and education outreach and enforcement activities
by the County;
6.2.4. A list of names of the persons and regulated facilities affected by the
termination and to whom notification of termination was sent; and
6.2.5. All records retained according to subsection 1.2.
6.3. The provisions of A.R.S. § 38-511 are incorporated herein by reference.
7. AMENDMENTS:
This Agreement may be amended by mutual approval of both the Director and the County by
executing and filing a written amendment signed by both the Director and the County containing
the desired modifications as required in A.R.S. § 41-1081.
8. DISPUTES:
8.1. Pursuant to A.R.S. § 12-1518, the Director and the County agree to use arbitration
specified in A.R.S. § 12-133, should a dispute under this Agreement occur which cannot
be resolved by the Director and the County.
8.2. In the event of a dispute between the Director and the County under this Agreement, the
OEH or the County with who a matter in dispute is claimed will:
8.2.1. Provide to the other a written notice of the matter in dispute and intent to resolve
the matter in dispute, including a notice of proposed meeting to discuss and
resolve the matter in dispute.
8.2.2. After the meeting to resolve the matter in dispute, the OEH and County will
implement the resolution agreed to by the OEH and the County within 10
business days of the date-of-the-meeting; unless during the meeting, the OEH
and County agreed to extend the period needed for resolution.
8.2.3. If after the meeting, a resolution is not reached between the OEH and the
County, the matter in dispute shall be resolved through the use of arbitration as
stated in subsection 8.3.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
8.3. In the event that the dispute between the Director and the County identified in subsection
8.2 is not resolved, the Director or the County with who a matter in dispute is claimed,
shall provide to the other a notice of intent to seek resolution through arbitration. The
Director or the County with who a matter in dispute is claimed shall proceed with
arbitration as specified in A.R.S. § 12-133.
9. TERM OF AGREEMENT:
Pursuant to A.R.S. § 41-1081(E), this Amendment shall be effective thirty (30) days after written
notice of the ADHS Director's final decision (following the public comment period and hearing, if
any) or the date the Amendment has been signed by both parties whichever comes later. The
expiration date of this Amendment and the Agreement thus amended is June 30, 2032. In the
event a new Agreement is not executed by the expiration date, the Agreement may be extended
by mutual agreement of the parties by filing an amendment in accordance with the provisions of
A.R.S. § 41-1081.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
ARIZONA DEPARTMENT OF HEALTH SERVICES
____________________________________________________________________________________
Chief Procurement Officer or Designee Date
Signature, Print Name & Title
MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH
____________________________________________________________________________________
Max Porter, Acting Director Date
MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT
____________________________________________________________________________________
Director Signature & Print Name Date
COUNTY BOARD OF SUPERVISORS
____________________________________________________________________________________
Steve Chucri, Chairman, Board of Supervisors Date
ATTEST
____________________________________________________________________________________
Clerk of the Board Date
APPROVED AS TO FORM
__________________________________________________________________________________________
Attorney for County Date
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
APPENDIX A
PRIMARY CONTACT PERSONS
1. The name and address of the primary contact person for the County is:
Director
Maricopa County Department of Public Health
4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85012
602.506.6601
Finance Manager
Maricopa County Environmental Services Department
1001 N. Central Avenue, Suite 401
Phoenix, AZ 85004
602.372.5599
2. The name and address of the alternate contact for the County is:
2.1. Maricopa County Department of Public Health
Grants/Contracts Unit
4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85012
602-372-0674
3. The name and address of the primary contact person for the ADHS is:
3.1. Eric Thomas, Chief
Office of Environmental Health
Arizona Department of Health Services
150 N. 18th Avenue, Suite 140
Phoenix, Arizona 85007
602.364.3142
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
APPENDIX B
1. COUNTY DELEGATED RESPONSIBILITIES TO BE CARRIED OUT BY MCESD:
Delegated Functions and Duties Applicable Statutes and Rules
Swimming Pools and Bathing Places except for A.R.S. § 36-132(A)(12).
Arizona State University A.A.C. Title 9, Chapter 8, Article 8.
Bottled Water A.R.S. §§ 36-132(A)(13) and 36-136(A)(6).
A.A.C. Title 9, Chapter 8, Article 2.
Campgrounds A.R.S. § 36-136(A)(6).
A.A.C. Title 9, Chapter 8, Article 6.
Food Establishments except for state prisons, A.R.S. § 36-136(A)(6).
behavioral health facilities, state charitable A.A.C. Title 9, Chapter 8, Article 1.
events and Arizona State University.
Hotel and Motel Sanitation A.R.S. § 36-136(A)(6).
A.A.C. Title 9, Chapter 8, Article 13.
Public Nuisance Responses except for Arizona A.R.S. §§ 36-136(A)(6) and 36-601.
State University
Public Toilet Facilities except for Arizona State A.R.S. § 36-136(A)(6).
University A.A.C. Title 9, Chapter 8, Article 3.
Public School Sanitation except for Arizona A.R.S. § 36-136(A)(6).
State University A.A.C. Title 9, Chapter 8, Article 7.
Trailer Coach Park Sanitation A.R.S. § 36-136(A)(6).
A.A.C. Title 9, Chapter 8, Article 5.
Pure Food Control Investigations except for A.R.S. §§ 36-901 through 36-916.
Arizona State University
2. COUNTY DELEGATED RESPONSIBILITIES TO BE CARRIED OUT BY MCDPH:
Delegated Functions and Duties Applicable Statutes and Rules
Smoke-Free Arizona A.R.S. § 36-601.01
A.A.C. Title 9, Chapter 2, Article 1.
3. ADHS RETAINS children's camps; food inspections for food establishments at state prisons,
behavioral health facilities, state charitable events and Arizona State University; Swimming Pools
and Bathing Places at Arizona State University; Public School Sanitation at Arizona State
University; Public Nuisance Responses at Arizona State University; Public Toilet Facilities at
Arizona State University; and Pure Food Control Investigations at Arizona State University not
delegated to the County described in Section 1, Records and Inspections.
4. ADHS RETAINS enforcement activities for reports of violation related to the Smoke-Free Arizona
Act not delegated to the County described in Agreement Section 2, Enforcement Actions.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
APPENDIX C
FOOD AND GENERAL SANITATION ANNUAL REPORT FORM
Jurisdiction: _________________________________ Fiscal Year: ____________________________
Food Program Activity Categories Complex Moderate Limited Totals
Current Number of Food Establishments
Number of Routine Inspections
Number of Re-inspections
Number of Pre-Operational Inspections Performed
Number of Food borne Illness (FBI) Complaints
Evaluated/Investigated
Number of Non-FBI Complaints
Evaluated/Investigated
Number of Compliance Proceedings (Conferences,
Hearings, Court)
Number of Food Items Detained/Embargoed
"Pounds"
Number of Temporary Food Establishment
Inspections Performed
Sanitation Number of Number of Number of Number of
Inspections and Facilities Inspections Complaint Enforcement
Other Programs Investigations Actions
Public & Semipublic
Bathing Places
Trailer Coach Parks
Public School
Grounds
Camp Grounds
Children’s Camps
Public
Accommodations
Bottled Water
Total number of Registered Sanitarians in the Food Safety Program: _________________________
Total number of Sanitarian Aides in the Food Safety Program: ______________________________
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
APPENDIX D
SMOKE-FREE ARIZONA ANNUAL REPORT FORM
Jurisdiction: __________________________________ Fiscal Year: ___________________________
1 Public Places of Retail 5
Smoke-Free Arizona Activity Categories: Individuals 2 3 4 Other Totals
Buildings Employment Food
Number of Complaints A (one category only)
Number of Complaint Inspections B
Number of Notice of Violations Issued C
Number of Enforcement Referrals to ADHS D
Number of Compliance Proceedings E
Fines Assessed F
A: Indicate the total number of complaints received from each category 1: Used only for a report of violation regarding an individual who did
between May 1st [Year] and April 30th [Year]. not stop smoking when asked to quit smoking in a non-smoking area.
B: Indicate the number of inspections/investigations conducted on-site This category is unlikely to be used.
with regards to the allegations made in the complaint. Complaint 2: Includes airport facilities, stadium, auditoriums, theaters, banks,
inspections do not include letters or phone calls made to the proprietor. city/county/state buildings, and similar establishments open to the
C: Indicate the total number of notices of violations issued. The notice of general public.
violation may or may not include an assessment of fines. Do not include 3: Includes private offices or other businesses where the general
the number of inspections reports or letters notifying the proprietor that a public is not usually invited.
complaint has been filed. 4: Includes all types of retail food establishments such as bars,
D: Indicate the total number of establishments being referred to ADHS for restaurants, grocery stores, etc. For example, a convenience store
enforcement. may be included in this category if this establishment has a food
E: Indicate the total number of compliance proceedings, this includes permit.
hearings and meetings with the proprietor (and/or his representative) 5: Includes all other establishments, locations, areas or spaces not
following the issuance of the notice of violations defined in the categories listed above. For example, outdoor areas,
F: Indicate the total amounts of money received for fines or settlements. courtyards, parks, bus stops, spaces lacking a physical structure, and
Federal/Tribal land.
Smoke-Free Arizona Program Educational Services: Totals
Number of Presentations (Group Events) A
Number of Participants/Audience (Group Events) B
Number of Consultations/Counseling Provided C
Number of Media Contacts D
A: Indicate the total number of presentations made between May 1st [Year] and April 30th [Year]. This category includes workshop, seminar,
conference and other presentations for a group of people.
B: Indicate the total number of participants attending all the events mentioned in A. For consistency purposes, the following information should be
documented at the county for each group event: Name of the event, Date of the event, Location of the event, Title of the presentation, Number of
participants/audience.
Group Event Example: Annual Conference; May 15-16, [Year]; Conference Center; Title of the presentation: “Understanding the Smoke-Free
Arizona Act;” and Audience: 40 participants at the event.
C: Indicate the total number of consultations and counseling made between May 1st [Year] and April 30th [Year]. Consultations and counseling
include routine inspections at food establishments when education is provided with regards to the Smoke-Free Arizona Act, on-site visits to
businesses, meeting with business owners, etc. Consultation and counseling does not include information provided to the general public or a
business owner over the phone about a general question on the Smoke-Free Arizona Act. For consistency purposes, the consultation should be
documented (inspection report, logbook, daily planner, narrative, Email etc.) at the county. It should be related to a specific establishment with the
date of the visit/meeting, and the name of the person who received the consultation.
D: Indicate the number of requests between May 1st [Year] and April 30th [Year] coming from the media (television, radio, newspaper) about the
Smoke-Free Arizona program. This also includes contacts with the Public Information Officer or anyone else in your county.
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DELEGATION AGREEMENT
No. AGR2017-048
AMENDMENT #1
LETTER OF DETERMINATION
DELEGATION AGREEMENT NO. _AGR2017-048_____________________________
County Contract No.: C-86-17-068-3-00
The Office of the County Attorney has determined that the Delegation Agreement made between the:
ARIZONA DEPARTMENT OF HEALTH SERVICES
AND THE
MARICOPA COUNTY
is in proper form and is within the powers and authority granted under the laws of Arizona to the County
Board of Supervisors (ref. A.R.S. § 11-201).
______________________ ________________________
TYPED NAME OF COUNTY ATTORNEY
BY
____________________________________________________________________________________
SIGNATURE OF COUNTY ATTORNEY/DESIGNEE
_________Attorney, Maricopa County Attorney's Office___________
TYPED TITLE OF SIGNATORY
____________________________________________________________________________________
DATE
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