DELEGATION AGMT MARICOPA COUNTY WITH ADHS.PDF

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(D) 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 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(D), 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.
Therefore, the Director delegates to the County, and the County agrees to accept and perform the
functions, powers, and duties in 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.

A. RECORDS AND INSPECTIONS:
1. The County agrees to retain all records and data related to the delegated functions,
powers, and duties identified in Appendix B.
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.
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.
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.
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.
B. ENFORCEMENT ACTIONS:
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.
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2. The County shall be responsible for enforcement actions for those functions,
powers, and duties identified in Appendix B.
3. The County shall respond to public nuisances dangerous to public health, as
specified in A.R.S. § 36-601(A), and which falls 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.
4. The County shall be responsible for the following:
a. Food Safety and General Sanitation Control
See Appendix B.
b. 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
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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.
c. 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.
C. 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.
D. QUALIFICATIONS OF PERSONNEL:
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.
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.
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E. STANDARDS OF PERFORMANCE AND REPORTING:
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:
a. Food establishments shall be inspected at a frequency outlined in section
8-401.10 and 8-401.20 of the food code.
b. 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.
c. Public schools shall occur at least once each calendar year.
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.
3. The County shall provide annually a:
a. 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
b. Smoke-Free Arizona Annual Report to the OEH Smoke-Free Arizona
Section, using the form provided in Appendix D, by May 10.
F. TERMINATION:
1. This Agreement may be terminated in whole or in part by the Director or the
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County, effective ninety (90) calendar days after either the Director or the County
provides written notice of termination by certified mail to the other.
2. The County, prior to the termination of all or part of this Agreement, shall
forward to the Director:
a. A list and summary of the functions, powers, and duties the County is
terminating;
b. All pending complaints and enforcement actions received by the County
for those functions, powers, and duties being terminated;
c. 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;
d. A list of names of the persons and regulated facilities affected by the
termination and to whom notification of termination was sent; and
e. All records retained according to Section (A)(2).
3. The provisions of A.R.S. § 38-511 are incorporated herein by reference.
G. 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.
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H. DISPUTES:
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.
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:
a. 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.
b. 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 day of the date-of-the-meeting; unless during the meeting, the
OEH and County agreed to extend the period needed for resolution.
c. If after the meeting, a resolution is not reach between the OEH and the
County, the matter in dispute shall be resolved through the use of
arbitration as stated in subsection 3.
3. In the event that the dispute between the Director and the County identified in
subsection 2 is not resolved, the Director or the County with who a matter in
dispute is claimed, shall provide to the other 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.
I. TERM OF AGREEMENT:
This Agreement is effective July 1, 2017 and the termination date of this Agreement is
June 30, 2032. In the event a new Agreement is not executed by the termination date, the
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Agreement may be extended by executing requirements in Section G by mutual
agreement by filing an amendment in accordance with the provisions of A.R.S. § 41-
1081.
ARIZONA DEPARTMENT OF HEALTH SERVICES
DIRECTOR DATE
MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH
DIRECTOR DATE
MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT
DIRECTOR DATE
COUNTY BOARD OF SUPERVISORS
CHAIRMAN DATE
ATTEST
CLERK OF THE BOARD DATE
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APPENDIX A
PRIMARY CONTACT PERSONS
1. The name and address of the primary contact person for the County is:
Name: Bob England, MD, MPH
Title: Director
Maricopa County Department of Public Health
Address: 4041 N. Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: 602.506.6601
Name: Steven J. Goode, REHS
Title: Director
Maricopa County Environmental Services Department
Address: 1001 N. Central Avenue, Suite 401
Phoenix, AZ 85004
Telephone: 602.372.5599
2. The name and address of the primary contact person for the ADHS is:
Name: Eric Thomas, Chief
Division: Office of Environmental Health
Arizona Department of Health Services
Address: 150 N. 18th Avenue, Suite 140
Phoenix, Arizona 85007
Telephone: 602.364.0929
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APPENDIX B
A. COUNTY DELEGATED RESPONSIBILITIES TO BE CARRIED OUT BY MCESD:
Delegated Functions and Duties Applicable Statutes and Rules
Swimming Pools and Bathing Places A.R.S. § 36-132(A)(12).
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 A.R.S. §§ 36-136(A)(6) and 36-601.
Public Toilet Facilities A.R.S. § 36-136(A)(6).
A.A.C. Title 9, Chapter 8, Article 3.
Public School Sanitation A.R.S. § 36-136(A)(6).
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 A.R.S. §§ 36-901 through 36-916.
B. 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.
C. ADHS RETAINS children's camps and food inspections for food establishments at state prisons,
behavioral health facilities, state charitable events and Arizona State University not delegated to the County
described in Subsection B.
D. ADHS RETAINS enforcement activities for reports of violation related to the Smoke-Free Arizona Act
not delegated to the County described in Agreement Subsection (B) Enforcement Actions.
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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 Inspections Number of Number of Number of Complaint Number of
and Other Programs Facilities Inspections Investigations Enforcement 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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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 between 1: Used only for a report of violation regarding an individual who did not stop
May 1st [Year] and April 30th [Year]. smoking when asked to quit smoking in a non-smoking area. This category is
B: Indicate the number of inspections/investigations conducted on-site with unlikely to be used.
regards to the allegations made in the complaint. Complaint inspections do 2: Includes airport facilities, stadium, auditoriums, theaters, banks,
not include letters or phone calls made to the proprietor. city/county/state buildings, and similar establishments open to the general
C: Indicate the total number of notices of violations issued. The notice of public.
violation may or may not include an assessment of fines. Do not include the 3: Includes private offices or other businesses where the general public is not
number of inspections reports or letters notifying the proprietor that a usually invited.
complaint has been filed. 4: Includes all types of retail food establishments such as bars, restaurants
D: Indicate the total number of establishments being referred to ADHS for grocery stores, etc. For example, a convenience store may be included in this
enforcement. category if this establishment has a food permit.
E: Indicate the total number of compliance proceedings, this include hearings 5: Includes all other establishments, locations, areas or spaces not defined in
and meetings with the proprietor (and/or his representative) following the the categories listed above. For example, outdoor areas, courtyards, parks,
issuance of the notice of violations bus stops, spaces lacking a physical structure, and Federal/Tribal land.
F: Indicate the total amounts of money received for fines or settlements.
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 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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LETTER OF DETERMINATION
DELEGATION AGREEMENT NO. _____________
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
TYPED TITLE OF SIGNATORY
DATE
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