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TERMS OF AGREEMENT
The undersigned does hereby voluntarily agree to become an Agent of the Wisconsin Department of
Health and Family Services, as authorized by Subchapters 254.47 and 254.69, Wisconsin Statutes, and
Chapter HFS 192, Wisconsin Administrative Code. Agent agrees to protect public health through
enforcement of sanitation regulations, the fostering of sanitary practices in certain types of public
establishments, and the implementation of all associated Department policies and referenced
administrative codes.
This agreement is made between the Wisconsin Department of Health and Family Services, hereafter
called "the Department", and the City of Oshkosh , hereafter called "Agent." The effective date
shall be from July 1, 2005 to June 30, 2010. Unless specifically terminated, the existing contract shall
remain in effect past the expiration date until a new contract can be signed.
I. INSPECTION
A) Agent will conduct at least one complete inspection each fiscal year (July 1st - June
30th) of every hotel, motel, tourist rooming house, restaurant, bed and breakfast
establishment, vending machine commissary, campground, recreational-educational
camp, public swimming pool, and school food service program, as applicable, within the
geographic jurisdiction of the Agent.
B) Inspection types include:
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1)
Pre-licensing inspections -- required for all new establishments and
establishments having a change of operator, and must be completed before the
new or changed operator may open the establishment to business.
2)
Routine inspections- a periodic, full evaluation of the operational practices of
each licensed establishrnept This inspection may be routinely scheduled, or may
be performed in conjunction with follow up of a complaint or investigation of a
food- or water- borne illness. However, a separate inspection form shall be
written for each type of combined visit, and both shall be signed by the inspector
and the operator.
3)
Food or waterborne outbreak investigation -- when information indicating a
possible food or waterborne outbreak is received, an investigation shall be made
to determine the cause and prevent further transmission. Unless the complaint
fails to.meet the definition of an outbreak, an investigation shall commence
within 1 working day.
a) The Department shall be notified as soon as possible regarding an
outbreak. Notification shall be provided to both the Bureau of
Communicable Disease (epidemiologists) and to the Food Safety &
Recreational Licensing Section.
b) The Department shall, upon request of the Agent, assist in the
investigation.
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c) In the event an outbreak becomes cross-jurisdictional, the
Department will coordinate the activities of the Agent programs, or
appoint one Agent as the primary contact, in order to most quickly
and effectively end the outbreak.
A) Complaint investigation -- Complaints other than food or waterborne outbreak
regarding aregulated establishment must be followed up in a timely and
adequate manner by the Agent. In no case shall more than 30 days elapse
without investigation of the complaint.
5) Follow-up inspection - If a pre-licensing, routine, or complaint investigation
indicates corrections are needed and that a return visit is appropriate to assure
that compliance has been achieved, follow-up inspections shall be made.
a) There shall be a written compliance program that describes when
follow up inspections shall be made.
b) The Department shall provide a model compliance and enforcement
program. This program may be adopted at the discretion of the
Agent, or the Agent may create a compliance program best suited to
their particular jurisdiction.
6) Temporary restaurant inspection -- Before operation of a temporary restaurant at .
each.separate place of operation, an inspection shall be made.
C) Pre-licensing, emergency complaint and food or waterborne illness inspections will take
priority over routine and follow-up inspections.
D) The Department may conduct inspections of establishments in an Agents' jurisdiction in
response to an emergency, for the purpose of monitoring and evaluating the Agents'
licensing, inspection and enforcement program, for the purpose of training or education,
or at the request of the Agent. The Department shall make a reasonable effort to notify
the Agent before an inspection is conducted. Agent may accompany the Department
during Inspections.
E) Agent may, with written approval from the Department, have written agreements with
other units of Village, City or County government to perform inspection activities
relating to enforcement of some of the Department's rules indicated in this agreement. It
is the Agent Health Department that holds the enforcement responsibilities under this
contract.
F) When the Department is considering entry into a Memorandum of Understanding (MOD)
with another agency or program which may have financial or resource impacts upon
Agent programs, both W ALHDAB and WEHA shall each be given the opportunity to
appoint two representatives to represent the views of Agents during the crafting of the
.MOU.
1. The new MOU shall then be presented to the W ALHDAB Environmental Health.
group for a vote of acceptance.
2. Ifthe majority of the W ALHDAB EH Group approves the MOD, the contractual
Agent is responsible for conducting inspections, training, or other designated
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activities contained within the MOU, provided such activities are revenue-
neutral, and the agent can reasonably be expected to accommodate the conditions
of the MOU. Agent shall notify the Department in writing detailing the reasons
for non-compliance with this section.
3. Fees set by Agents for entities included under the MOU shall be no greater than
the cost of inspection, training or other designated activity.
II. ENFORCEMENT
A) Agent will enforce the Wisconsin Administrative Code fllles for hotels, motels, tourist
rooming houses, restaurants, bed and breakfast establishments, vending of food and
beverages, campgrounds, recreational-educational camps and public swimming pools, as
applicable. Agent will not permit facilities to operate unless properly licensed.
B) Agent shall have available for evaluation, and have distributed to all health inspectors, a
description of the inspection and enforcement plan to be implemented by the Agent.
This inspection and enforcement plan and any changes to it shall be reviewed and
approved by the Department during periodic audits or evaluations.
C) Agent will take appropriate enforcement action for significant public health hazards and
noncompliance with applicable sanitary codes.
D) Upon request from the Agent, the Department shall provide assistance in enforcement
activities.
III. STAFFING
A)
B)
D)
E)
F)
Inspections will be made by, or under the supervision of, a Wisconsin Registered
Sanitarian.
In the event the Agent loses its only Registered Sanitarian, a qualified replacement shall
be hired within 120 days unless otherwise approved by the Department.
C)
Agent inspection staff must meet the hiring criteria set forth by local ordinance and
personnel practices and the requirements established for Sanitarian Registration relative
to training.
Each Agent is expected to participafe oncommirtees and other policy-making bodies, as
well as to attend ongoing training seminars as they become available and can be attended
with a reasonable expenditure oftime and money.
Agent shall make written arrangements for backup of inspection and enforcement staff to
assure adequate coverage duringthe absence of regular staff. These arrangements may
be reviewed and approved by the Department, and shall be made available to the
Department upon request.
Upon request of the Agent, the Department will provide technical assistance and
training.
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G) The Agent will cooperate with the Food Safety & Recreational Licensing Section in
conducting training programs for operators and employes of establishments which are
located in its jurisdiction and are regulated by Chapter 254, Subchapters IV and VII,
Wisconsin Statutes,.
H) Agent shall prohibit the conducting of inspections by an employe deemed to have a
conflict of interest. A conflict of interest exists whenever an employe's action or failure
to act could produce a private benefit for the employe or the immediate family or
business with which the employe is associated; or the matter is one in which the employe
is associated; or the matter is one in which the employe in a private capacity or a member
of the employe's immediate family or business with which the employe is associated, has
an interest. "Immediate family" means the employe's spouse, children, parents, siblings,
or any person who receives more than half of his or her support from the employe or
from whom the employe received more than half of his support.
IV. PERMITS
A) . No establishment or facility regulated by Chapter 254, Sub chapters IV and VII,
. Wisconsin Statutes, may operate within the Agent jurisdiction without a valid permit.
B) A permit shall be issued annually to each establishment regulated by the Agent, and shall
be placed in a prominent place in the establishment and readily visible to the public.
C) A minimum of the following shall appear on the annual permit: name and complete
address of the establishment and the legal licensee; expiration date of the permit; the
establishment identification number; permit number; "non-transferable" notation; "Post
in Plain Public View". The following shall be made available to the Department upon
request: type of establishment; numbers of licensed units, rooms, or sites.
D) All permits issued by Agent shall expire on June 30th, except that new permits initially
issued during the period beginning on April 1st and ending on June 30th, expire on June
30th ofthe following year. .
E) During a period of transition from Department to Agent or Agent to Department, any
fees collected for whatever reason shall belong to the collecting entity.
V. REPORTS
A) Agent shall make a report to the Department within 10 days after taking any enforcement
action involving permit suspension, revocation or court action.
B) By the 10th of each month following the event, Agent shall provide to the Department a
list of establishment address or name changes, new establishments issued a permit, all
changes of operators or partners, and establishments that went out of business.
C) By the 10th of each month, Agent shall report to the Department all temporary restaurant
permits issued during the previous month.
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D) Within 10 days of any major organizational change, or change of key staff for the direct
supervision or implementation of work under this agreement, a report of the change shall
be submitted to the Department in writing.
E) By September 1st of each year, Agent shall provide the Department with a complete
roster of all establishments, by type and ID number, issued during the previous period of
July 1 through June 30. The Department shall determine the contents of the report, but
changes to the report will be announced no later than 14 months prior to the due date of
the report.
F) When a new permit is released, Agent change form DPH 7219 shall be sent to the
Department.
G) Agent will submit reports as requested by the Food Safety & Recreational Licensing
Section Chief. Section Chief or evaluation staff may request a copy of any inspection
report, correspondence or order on any establishment or facility regulated under this
agreement.
H) At least annually, and more frequently if required, agent shall submit data related to
inspection performance, enforcement activity, and/or compliance with the agent contract.
This shall include a self-evaluation created jointly by the Department and the
Department of Agriculture, Trade, and Consumer Protection.
VI. RECORDS
A) The Agent will maintain current records of licensed establishments and facilities within
their jurisdiction. Records will include the name, address, ID number and type of
establishment or facility. The Department will provide a block ofID numbers to be used
for new establishments or facilities. The Agent shall maintain a file record of each
establishment licensed under this .contract. A file shall minimally. contain the latest three
(3) years of inspection reports, follow-up investigations, enforcement actions, confirmed
complaint follow-ups and summaries, food borne disease outbreak information, variances
and waivers.
B) Records kept in electronic form shall be in a format that is readily printed or is easily
accessible by the Department for audit or evaluation purpose. Copies of all electronic
reports shall be maintained separately on disc or in hard copy to prevent loss of data.
C) The Agent, in accordance with applicable public record statutes, shall make any records
in Agent possession that were transferred from the Department accessible to the public.
D) Records transferred from the Department shall adhere to the same policies as documents
issued from the Agent unless specified by the Department.
E) Agent shall keep records on the cost of issuing permits to, making investigations and
inspections of, providing education, training and technical assistance to establishments
regulated by Chapter 254, Subchapters IV and VII, Wisconsin Statutes, and other direct
program costs for work under this agreement.
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F) Agent shall keep records of all revenue, including permit fees, pre-inspection fees,
change of operator fees, fines, late payments, etc., relating to work covered by this
agreement.
G) At any given time, the Agent shall retain copies of all orders and inspection reports for
the preceding three (3) years and as required by appropriate statutes and local
ordinances. Inspection report forms approved by the Department shall be used for all
pre-licensing, routine and follow-up inspections.
H) Agent shall keep readily available for use by inspection staff, Departmental evaluation
staff, and the public, copies of all pertinent statutes, administrative codes, local
ordinances and enforcement procedures.
n Agent shall have, and make available for review by Department staff and the public,
written procedures for the investigation and follow-up of citizen complaints about
facilities regulated by this agreement.
J) Agent shall have, and make available to Department staff and the public, written
procedures for the investigation and follow-up of reports of suspected foodbome and
waterborne illness.
K) Agent shall have, and make available to Departmental staff, a written plan of action to
assure that there is cooperation with federal, state and other local agencies in the event of
a natural disaster or emergency.
VII. REIMBURSEMENT
A) No later than August 30th, the Agent shall submit a listing of vending commissary and
vending machine inspections from the previous fiscal year. Reimbursement shall not be
given for inspection information received after that date, unless previously approved by
the Department.
B) No later than September 30th, the Department of Health and Family Services shall
reimburse the Agent for vending commissary and vending machine inspections from the
previous fiscal year. Reimbursement shall be. in the amount of 90% of the net license fee
per license issued.
C) The net license fee is that amount that remains after deducting the Department's clerical
and automated licensing processing costs (not administrative or Agent evaluation costs)
from the gross fee.
D) Fee reimbursements for the inspection of vending machines that have been moved from
one Agent's jurisdiction to another will be credited to the Agent making the first
inspection during the fiscal year.
E) No later than 3 months after the close of each fiscal year, the Agent shall reimburse the
Department of Health and Family Services a percentage of the permit fees, not to exceed
20%. The current fee is 10%. The percentage is based on the Department license fees for
that facility. Any change in the percentage or the amount of the fee shall be announced
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by the Department prior to the licensing year, so that Agent license fees may be adjusted
accordingly.
F) Reimbursementfor full-service restaurants (02 licenses) shall be based on a complexity
formula. f
1) To determine restaurant complexity, and the subsequent applicable fee, the Agent
may choose among the following options:
a) Agent may use the complexity tool designed and used by the Department.
b) Agent may use its own complexity tool upon written approval by the
Department.
2) The complexity assessment rating for each facility shall be reported to the
Department.
VIII. COSTS
Revenue collected from facilities to carry out the provisions of this agreement shall not exceed
direct program annual costs. Any startup fees provided for new Agents by the Department shall
. not be included in revenue income charged to this program, but shall be used for costs such as
personnel, equipment, software, or other expenses associated with creation of the new program
IX. EVALUATION
A) The Department may, at any reasonable time, review records, equipment, reports, etc.,
accompany health inspectors of Agent or perform inspections to evaluate compliance
with the provisions of this agreement. .
B) Unsatisfactory performance of the provisions ofthis agreement as determined by"
Department evaluation, may be a condition oftermination of this agreement or placement
of Agent on probation. (See XI. C.)
C) The Department shall periodically conduct a field and file audit of the food inspection
program of each Agent.
D) Other program areas (such as pools or lodging) shall also be audited as time and staffing
permits. However, no Agent shall be audited more than once in a fiscal year by the
Department without just cause.
E) The Department and the Department of Agriculture, Trade, and Consumer Protection
shall honor evaluations performed by either Department to avoid duplications.
X. DURATION
A) This agreement shall be in force until renewed/terminated by either party.
B) The Department may not make changes to this contract during the effective dates of the
contract without permission of the Agent.
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XI. TERMINATION
A) Either party upon 90 days notice to the other party may terminate this agreement without
cause.
B) Reimbursement upon termination:
1) Vending: If this agreement is terminated, Agent shall receive reimbursement for
inspections of vending machines and vending machine commissaries performed
under the agreement up to the date of termination.
2) Other Licenses: The Department shall receive from Agent the prorated amount for
the remainder ofthe fiscal year (July 1st to June 30th) for all permit fees received by
Agent. Reimbursement formula shall be based on this formula: [(days left in fiscal
year/365) times the state licensing fee for that establishment].
C) . Termination of this agreement by the Department may be based on unsatisfactory
performance of the provisions ofthis agreement by Agent, as determined by an
evaluation by the Department. However, Agent shall be given the opportunity to respond
to the results of the evaluation, and negotiate changes necessary to comply with the
Agent agreement. (See IX. B.)
D) Upon termination of this agreement, Agent shall transfer to the. Department applicable
inspection and enforcement records.
E) The agreement may be amended periodically to meet the changing requirements of the
public health program, and the evolving nature of the Department/Agent relationship.
. .
F) If either party terminates the agreement within 3 years of the initial contractual date, any
startup fees or equipment provided by the Department shall be returned or repaid in full.
XII. NONDISCRIMINATION
A) In connection with the performance of work under this agreement, Agent agrees not to
discriminate against any employe or applicant for employment because of age, race,
religion, color, handicap, sex, sexual orientation, or national origin. This provision shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship. Agent
further agrees to take affirmative action to ensure equal employment opportunities.
Agent agrees to post in a conspicuous place available for employes and applicants for
employment, notices to be provided by the Division of Public Health setting forth the
provision of the nondiscrimination clause.
B) In connection with the performance of work under this agreement, Agent agrees not to
discriminate against owners or operators of establishments regulated by this agreement
because of age, race, religion, color, handicap, sex, sexual orientation, or national origin.
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CITY CF CH1I<<HI
~~
Signature
City M3nager
Title
City of Oshkosh
City, County, or Municipality
c::? --/<:5>(J)~
-.'" . Date' ~_..,.._- !
<" ~r ~I I ir-
ttlThDVCW (Ufitk
Parela R. Uhrig, City Cl&-k \j
n~:\cessary provisi
pay the !lability which
under this contract.
~___t~~Q O~~' --,.
City Comptroller
lE'I' CF HFALIH AND FAMILY SER\TIcm
-41--- ~
Thomas Sieger, Director .
Bureau of Environmental & Occupational Health
Division of Public Health
3/lr/O"
J I Date
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