HomeMy WebLinkAboutAgent Agreement-Department of Health Services (2011) DIVISION OF PUBLIC HEALTH
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Scott K. Walker � :; "(�(����Ar_ -� MADISON WI 53701 -2659
Governor
State of Wisconsin 608 - 266 -1251
Dennis G. Smith FAX: 608 - 267 -2832
Secretary TTY: 888- 701 -1253
Department of Health Services dhs.wisconsin.gov
AGENT AGREEMENT
This Agreement is made between the Wisconsin Department of Health Services, hereinafter "DHS" or
"the Department," and Oshkosh Health Division, hereinafter "Agent," pursuant to Wis. Stat. s. 254.69
and Wis. Admin. Code s. DHS 192.04 (3), to designate and authorize Oshkosh Health Division to act
as DHS's agent for the purpose of enforcing Wis. Stat. s. 254.47, Wis. Stat. ch. 254 subch. VII, and
related administrative rules.
Agent's jurisdiction under this Agreement includes the following geographic area(s): City of Oshkosh
This Agreement shall commence on April 28, 2011 and shall remain in effect until April 28, 2016 or the
next scheduled program evaluation after the commencement date, whichever occurs first, unless, prior to
such date, it is terminated, revoked or suspended under Section XIV; provided, however, that, unless
specifically terminated by either party at or following the expiration date, the Agreement shall remain in
effect until a new Agreement is executed. Either party may terminate this Agreement on or after the
expiration date with 30 days written notice to the other party.
Oshkosh Health Division hereby agrees to protect public health and safety as the agent of DHS, under
Wis. Stat. §§ 254.47 and 254.69, Wis. Admin. Code Chap. DHS 192, and the terms and conditions of this
Agreement. Agent agrees to issue permits to, inspect, and regulate restaurants, campgrounds, recreational
educational camps, public swimming pools, hotels, motels, tourist rooming houses and bed and breakfast
establishments. Agent agrees to inspect vending machine commissaries and vending machine storage
areas, for which Agent will receive reimbursement from DHS. If Agent inspects individual vending
machines, Agent will receive reimbursement from DHS. Agent shall apply and enforce all relevant
statutes, administrative rules and associated DHS policies including, but not necessarily limited to, Wis.
Stat. § 254.47 and §§ 254.61 — 254.88, and Wis. Admin. Code ch. DHS 172, 175, 178, 195 - 198.
DHS agrees to fulfill its responsibilities to Agent under Wis. Stat. §§ 254.47 and 254.69, Wis. Admin.
Code Chap. DHS 192 and this Agreement.
I. DEFINITIONS
A. Agent means the local public health department (LPHD) operating under the terms of this
Agreement, unless the context indicates it means any local public health department acting as the
Department's agent under Wis. Stat. s. 254.69.
B. Agent Standard means a member of Agent's inspection staff who has been trained by DHS in
the standardization process and has received a certificate of completion from DHS.
C. Complaint means an allegation of a unique incident or concern brought to the attention of Agent
or DHS regarding a violation of a statutory, administrative rule, or local public health ordinance
or regulation requirement for a facility under the jurisdiction of Agent.
Wisconsin.gov
D. Conflict of interest means a conflict between the private interests and the official responsibilities
of a person in a position of trust.
E. DHS or Department means the Wisconsin Department of Health Services Food Safety &
Recreational Licensing Section, unless the context clearly indicates it means the Department of
Health Services as a whole or another part of the Department.
F. Enforcement Action means a legal method used to make an operator come into compliance with
statutory, administrative code, or Local public health ordinance or regulation requirements.
Enforcement actions include, but are not limited to, orders, citations, forfeitures, temporary orders
summarily suspending operations, revocations of establishment permits, and requests for
voluntary closure.
G. Enforcement Plan means a plan developed by Agent to take necessary and reasonable action
regarding s. 254.47, Stats., and subch. VII of ch. 254, Stats., related administrative rules and any
applicable local ordinances or regulations in its enforcement activities for the types of facilities
for which Agent has been delegated agent status.
H. Establishment means "Facility."
I. Facility means a hotel, motel, tourist rooming house, restaurant, bed and breakfast establishment,
food vending machine, vending machine storage area or vending machine commissary under
subch. VII of ch. 254, Stats., or a camping resort or other campground, recreational camp,
educational camp, or public swimming pool under s. 254.47, Stats. "Facility" is used
interchangeably with "establishment."
J. Fiscal Year means the period from July 1 through June 30.
K. Follow up Inspection means a type of inspection that is used at the discretion of the inspector to
check back with the establishment operator to assure that violations of a non - critical nature have
been corrected following a routine inspection. Unlike a reinspection, a follow up inspection is
not required.
L. Foodborne Outbreak means the occurrence of two or more cases of a similar illness resulting
from the ingestion of a common food.
M. Inspection Fee means a fee that is charged by Agent or DHS for inspection services required
under an Memorandum Of Understanding.
N. Local Public Health Ordinance or Regulation means an ordinance adopted by a village, city or
county, or a regulation adopted by a local board of health, under Wis. Stat. s. 254.69(2) (g),
regarding the permittees and premises for which the local health department is DHS's agent.
O. Memorandum of Understanding (MOU) means an agreement between DHS and another state
agency to determine permitting authority or to perform permitting or inspection activities. For
example, DHS and the Department of Public Instruction have an MOU under which DHS is
responsible for inspecting school food service programs.
P. Operator means the owner or person responsible to the owner for the operation of the
establishment or facility.
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Q. Permit means an annual written authorization issued by the Department or Agent under Wis.
Stat. s. 254.47 or s. 254.64, which is required for the operation of an establishment. A permit is
sometimes referred to as a license. An establishment that has been issued a permit is referred to as
a licensed establishment.
R. Person means an individual, partnership, association, firm, company, corporation, organization,
municipality, county, town, or state or local agency.
S. Pre - Inspection means an inspection required under s. 254.65, Stats., for a new establishment or
an existing establishment that has been taken over by a new operator. A pre - inspection must be
completed before the new operator may open the establishment to business.
T. Program Evaluation means an assessment by DHS of Agent's adherence to the provisions of
this Agreement.
U. REHS / RS means the National Environmental Health Association (NEHA) Registered
Environmental Health Specialist / Registered Sanitarian Credential.
V. Reimbursement means the portion of the permit fee collected by Agent that is remitted to DHS
pursuant to Wis. Stat. § 254.69 (2) (e).
W. Reinspection means the type of inspection that is required to assure that violations have been
corrected when an immediate danger to public health exists that cannot be corrected during the
routine inspection, continued repeat violations are noted, or an excessive number of violations are
observed.
X. Routine inspection means the annual evaluation of the operational practices of a licensed
establishment.
Y. Standardization process means the training program in public health inspection methods
involving classroom instruction, field training and successful completion of an evaluation
component, which is based on standards and curriculum approved by DHS and serves the purpose
of assuring that public health inspection staff employed by DHS or its agents use a consistent
inspection approach throughout Wisconsin. An individual who successfully completes the
standardization process is "standardized." The standardization process currently applies to food
safety inspections, but DHS intends to develop standardization processes for other public health
inspection programs.
Z. State Fees means the Department's fees under Wis. Stat. s. 254.69(2) (e) for its costs related to
setting standards under Wis. Stat. s. 254.47 and ss. 254.61 — 254.88 and monitoring and
evaluating the activities of, and providing education and training to, agent local health
departments, which fees Agent includes in the permit fees it establishes under Wis. Stat. s.
254.69(2) (d).
AA. State Permit Fees means the permit fees set by the department under Wis. Stat. ss. 254.47 (4) or
254.68
BB. Waterborne Outbreak means two or more people have experienced a similar illness after the
ingestion of drinking water or after exposure to water used for recreational purposes, and
epidemiologic evidence implicates water as the probable source of the illness.
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II. ISSUANCE OF PERMITS
A. Agent shall issue permits to establishments or facilities within its jurisdiction in accordance with
Wis. Stat. ss. 254.47, 254.64 and 254.65 and shall assure that no establishment or facility subject
to regulation under Wis. Stat. s. 254.47 or Wis. Stat. ss. 254.61 — 254.88 operates without a valid
permit.
B. An annual permit issued by Agent shall include, at a minimum, the following information: name
and complete address of the establishment; name and complete address of the permit holder if
different than that of the establishment; expiration date of the permit; permit number; "non-
transferable" notation; type of establishment; numbers of permitted units, rooms, or sites.
C. All permits issued by Agent shall expire on June 30, except that new permits initially issued
during the period beginning on April 1 and ending on June 30 shall expire on June 30 of the
following year.
D. If Agent became DHS's agent on or after April 1, 2009, Agent shall use DHS's electronic
software program for issuing permits. If Agent has been DHS's agent since before April 1, 2009,
Agent may use DHS's electronic software program or DHS- approved paper forms for issuing
permits. DHS will provide, maintain and support this software.
E. If DHS notifies Agent that an individual, who has applied for or been issued a permit within
Agent's jurisdiction, has been certified by the Department of Children and Families as delinquent
in the payment of court- ordered payments of child or family support, maintenance, birth
expenses, medical expenses or other expenses related to the support of a child or former spouse,
or as having failed to comply, after appropriate notice, with a subpoena or warrant issued by the
Department of Children and Families or a county child support agency related to paternity or
child support proceedings, Agent shall cooperate with DHS in denying the issuance or renewal of
a permit to the individual or suspending the individual's permit, under Wis. Stat. s. 250.041.
III. INSPECTIONS
A. Agent shall conduct at least one routine inspection each fiscal year, or inspections at a frequency
proposed by Agent and approved by DHS, of each permitted facility within its jurisdiction, except
for vending machines, to determine whether the facility is in compliance with the applicable
standards and requirements of Wis. Stat. § 254.47 and §§ 254.61 — 254.88, Wis. Admin. Code ch.
DHS 172, 175, 178, and 195 — 198, and any local public health ordinances and regulations
adopted under Wis. Stat. s. 254.69 (2) (g).
B. Agent may elect to inspect vending machines.
C. Agent shall give priority over routine inspections to pre- inspections, inspections involving
emergency complaints, food or waterborne illness investigations, and re- inspections.
D. A routine inspection may be announced, unannounced or performed in conjunction with follow
up of a complaint or investigation of a food- or water- borne illness.
E. If a routine inspection is performed in conjunction with another investigation, a separate
inspection form shall be completed for each type of investigation, and each shall be signed by the
inspector and the operator.
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F. Agent shall perform inspection duties required by, and in compliance with, DHS's MOU's. DHS
will keep the Wisconsin Association of Local Health Departments and Boards (WALHDAB)
informed regarding, and elicit WALHDAB's input when developing, new MOU's and making
changes to existing MOU's that may impact inspections.
G. Agent may, with written approval from the Department, enter into written agreements with other
units of government or other persons to perform inspection activities related to enforcement
responsibilities under this Agreement; provided that Agent assumes ultimate responsibility for the
performance and quality of the inspections and for the enforcement of public health standards
under this Agreement.
H. Other than inspections involving food or waterborne outbreaks, which require immediate
response, as prescribed under paragraph I, Agent shall conduct inspections regarding complaints
against regulated establishments in a timely and adequate manner, and in no case shall Agent
allow a lapse of more than 30 days from the date a complaint is received until it conducts the
investigation.
When Agent receives information that indicates a food or waterborne outbreak has occurred,
Agent shall conduct an investigation within one working day. In conducting the investigation,
Agent shall follow the criteria in the Wisconsin's Foodborne and Waterborne Disease Outbreak
Investigation Manual. Agent shall conduct an investigation of the facility in which the outbreak
occurred as soon as epidemiological evidence is provided. In addition:
1. Agent shall notify DHS's Communicable Disease Epidemiology Section and Food Safety &
Recreational Licensing Section.
2. Upon Agent's request, DHS will assist in the investigation.
3. In the event the outbreak becomes cross jurisdictional, DHS will coordinate the activities of
Agent and other governmental agencies in order to most quickly and effectively end the
outbreak.
J. Agent shall include the following in an inspection report for each violation observed during an
inspection:
1. Observation — A clear description, including location, of the violation of the statute,
administrative rule, or local ordinance or regulation.
2. Code Reference — Citation to, and a brief description of, the statute, administrative rule, or
local ordinance or regulation that has been violated.
3. Corrective Action — A statement indicating what action the operator must take to achieve
compliance with the administrative rule, statute or Local ordinance or regulation.
K. If Agent became DHS's agent on or after April 1, 2009, Agent shall use DHS's electronic
software program for conducting inspections. If Agent has been DHS's agent since before April
1, 2009, Agent may use DHS's electronic software program or DHS- approved paper forms for
conducting inspections. DHS will provide, maintain and support this software.
L. DHS may conduct inspections of establishments in Agent's jurisdiction in response to
emergencies, for the purpose of monitoring and evaluating Agent's licensing, inspection and
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enforcement program, for the purpose of training or education, or at Agent's request. DHS shall
make a reasonable effort to notify Agent before conducting an inspection. Agent may accompany
DHS during such inspections.
IV. ENFORCEMENT
A. Agent shall take necessary and reasonable action to enforce s. 254.47, Stats., subch. VII of ch.
254, Stats., related administrative rules (Wis. Admin. Code chapters DHS 172, DHS 175, DHS
178, DHS 195, DHS 196, DHS 197 and DHS 198) and any local ordinances or regulations
adopted under s. 254.69 (2) (g), Stats., for the types of facilities for which Agent has been
delegated authority under this Agreement. Agent shall cover the costs of these actions. DHS
shall provide technical assistance in enforcement upon Agent's request.
B. Agent will take appropriate enforcement action in response to an immediate danger to public
health as required in s. 254.85 Stats. Additional reasons for enforcement action include, but are
not limited to noncompliance of written orders, continued repeat violations noted on inspection
reports, and operating without a valid establishment permit.
C. Agent shall notify DHS in writing within 10 days after taking any enforcement action involving
suspension or revocation of a permit or court action.
D. DHS shall assist Agent in enforcement activities upon request.
E. Agent shall implement, distribute to all inspection staff, and make available for DHS evaluation,
an enforcement plan as required in s. DHS 192.04(1). DHS shall review the enforcement plan
and any changes to it during DHS's periodic evaluations of Agent's performance.
F. If Agent has been notified by DHS of any deficiency on the part of a facility within its
jurisdiction in complying with the applicable statutory, administrative code or local ordinance or
regulation requirements, and if Agent has had reasonable opportunity to take enforcement action
but has failed to act expeditiously in taking appropriate enforcement action, DHS may act under
Wis. Stat. ss. 250.04 (2) and 254.85 to enforce compliance.
V. STAFFING
A. Agent shall employ at least one Wisconsin Registered Sanitarian (WI -RS) or Registered
Environmental Health Specialist / Registered Sanitarian (REHS/RS) to conduct inspections or
supervise other non -RS sanitarians who conduct inspections.
B. If Agent loses its only WI -RS or REHS/RS, Agent shall hire a qualified replacement within 120
days.
C. Each member of Agent's inspection staff shall undergo the standardization process. Agent shall
have at least one Agent Standard who shall standardize the other members of Agent's inspection
staff, using the standardization process. The Agent Standard shall perform three maintenance
exercises, as described in the Wisconsin Standardization Manual, every three years to maintain
his /her certification. As DHS develops standardization processes for programs other than food
safety, Agent will comply with the standardization process in those programs.
D. Agent inspection staff shall meet the hiring criteria set forth by local ordinance and personnel
policies and the educational or experience requirements established for WI -RS or REHS/RS.
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E. Agent staff will participate on DHS rule making and policy advisory committees and attend
ongoing training seminars.
F. Agent shall make written arrangements for backup of inspection and enforcement staff to assure
adequate coverage during the absence of regular staff. These arrangements shall be made
available for DHS review during periodic evaluations and shall be reviewed and approved by
DHS prior to implementation.
G. Agent shall not permit an employee to conduct an inspection in a situation in which the employee
may have a conflict of interest.
H. Upon Agent's request, DHS will provide technical assistance and training to staff.
VI. EDUCATIONAL OUTREACH
Agent will cooperate with the Food Safety & Recreational Licensing Section in conducting
training programs for operators and employees of establishments that are located in its
jurisdiction and are regulated under s. 254.47, Stats., subch. VII of ch. 254, Stats., and related
administrative rules (Wis. Admin. Code chapters DHS 172, DHS 175, DHS 178, DHS 195, DHS
196, DHS 197 and DHS 198), or local ordinances or regulations adopted under s. 254.69 (2) (g),
Stats.
VII. REPORTS AND RECORDS
A. Agent shall maintain a file of the current records for each licensed facility within its jurisdiction.
Records will include the name, address, ID number and type of establishment or facility. A file
shall minimally contain the latest three (3) years of inspection reports, follow -up investigation
reports, reports of enforcement actions, confirmed complaint follow -ups and summaries,
foodborne disease outbreak information, variances and waivers.
B. Agent shall use inspection report forms approved by DHS for all pre- inspections, routine and
follow -up inspections.
C. Agent shall submit reports as requested by DHS. DHS may review or request a copy of any
inspection report, correspondence or order on any facility within Agent's jurisdiction and any
other report DHS determines it needs to monitor Agent's performance, including, but not limited
to, CDC risk factor reports and self assessments.
D. By the 10th of the month immediately following the month in which Agent issues a permit or
receives notification from a facility of a change affecting its permit, Agent shall give DHS a copy
of the completed Agent Change Sheet (form F- 47219) to enable DHS to maintain current records
of facilities that are issued permits in the Agent's jurisdiction. This requirement applies to
temporary restaurants as defined in Wis. Admin. Code s. DHS 196.03 (7). This reporting
requirement does not apply if Agent is using DHS's electronic licensing and inspection system.
E. By September 1 of each year, Agent shall give DHS a complete List of the names and addresses of
the operators of facilities that were issued permits by Agent during the previous fiscal year. This
reporting requirement does not apply if Agent is using DHS's electronic licensing and inspection
system.
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F. Agent shall maintain records documenting the cost of issuing permits to, making investigations
and inspections of, and providing education, training and technical assistance to facilities, and the
cost of enforcing applicable state statutes and rules and local ordinances and regulations. Upon
request, Agent shall provide copies of these records to DHS.
G. Within 10 days after the date on which it takes place, Agent shall report to DHS in writing any
change in the assignment of a supervisor of the inspection staff who are not currently Wisconsin
registered sanitarians and any change in the organization of the inspection staff including
authority line changes. If Agent employs only one or 2 sanitarians, Agent shall also report any
change in assignment of inspection staff that are providing services under this Agreement.
H. Agent shall submit the CDC Risk Factor Tracking Sheet biannually to DHS for the purpose of
enabling DHS to determine the types of violations found in facilities throughout the State of
Wisconsin. DHS shall provide the approved tracking sheet. This report is not required if Agent is
using DHS's electronic licensing and inspection system.
I. As required by Wis. Admin. Code s. DHS 192.04(1), Agent shall maintain and keep readily
available for use by inspection staff and review by DHS, a copy of its agent plan for
administration and enforcement of s. 254.47, Stats, subch. VII of ch. 254, Stats., and related
administrative rules. The plan shall include at a minimum all the components identified in s.
DHS 192.04 (1) and any other information DHS determines is necessary or relevant for its review
of the plan and requests in writing. The minimum components include:
1. Identification of person(s) that will issue permits and conduct investigations and inspections.
2. A description of the staffing and budget for issuing permits, making investigations and
inspections, providing technical assistance, and enforcing applicable state rules and local
ordinances.
3. A list of the fees to be charged by Agent for facilities issued permits under this Agreement.
4. A description of Agent's permit issuance and recordkeeping system maintained under this
Agreement.
5. A declaration that Agent will contract with the Department, as permitted by s. 254.69 (2)
(dm), Stats., if Agent wants the department to collect fees and issue permits.
6. A description of the inspection and enforcement program implemented by Agent, with a copy
of any applicable city or county ordinance or regulation.
7. A plan of action to ensure that there will be cooperation with appropriate federal, state and
local agencies in the event of a natural disaster or other emergency.
8. Procedures for the investigation and follow -up of citizen complaints about facilities that were
issued permits under this Agreement.
9. Procedures for the investigation and follow -up of reports of suspected foodborne illness.
10. The time period within which Agent will make a determination on an application for a
permit, which may not exceed 30 days following receipt of a complete application.
11. An assurance of continued support by the city or county for carrying out this Agreement.
12. Any other information which the Department considers necessary or relevant for its review of
Agent's plan.
VIII. REIMBURSEMENT BY THE DEPARTMENT FOR VENDING INSPECTIONS
A. Agent shall submit a list of vending commissaries, vending machine storage areas and vending
machine inspections it conducted during the previous fiscal year to DHS no later than August 30
to receive reimbursement from DHS for performing the inspections. Agent will not receive
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reimbursement for inspections based on inspection information DHS receives after August 30,
unless DHS approves an extension for submitting the information.
B. No later than September 30, DHS shall reimburse Agent for inspections of vending commissaries,
vending machine storage areas and vending machines during the previous fiscal year, as required
under s. 254.69(1), Stats.; provided, however, that, if DHS gives Agent an extension for
submitting inspection information, DHS may delay reimbursing Agent until it has had sufficient
time to review this information. The reimbursement amount is the portion that remains after
deducting DHS's clerical and automated licensing processing costs from the permit fee.
C. Fee reimbursements for the inspection of vending machines that have been moved from one
agent's jurisdiction to that of another will be credited to the agent making the first inspection
during the fiscal year.
IX. REIMBURSEMENT TO THE DEPARTMENT FOR STATE FEES COLLECTED BY
AGENT
A. Agent shall reimburse DHS the state fees from the permit fees Agent collects as provided under
sub. B.
B. As provided in Wis. Stat. s. 254.69(2)(e), the state fees shall not exceed 20% of the permit fees
the Department sets by administrative rules ( "state permit fees "), pursuant to Wis. Stat. ss. 254.47
and 254.68, for the types of facilities for which Agent issues permits. The calculation of the state
fees is based on permit fees only, not preinspection and reinspection fees
C. As of the date of this Agreement, the state fees are 10% of the state permit fees. The department
may increase the state fees up to 20% of the state permit fees by announcing a change in the
percentage prior to the permitting year for which the change applies.
D. DHS shall provide Agent a reimbursement summary form to identify all the facilities for which
Agent has issued permits during the permitting year and the complexity assessment rating Agent
used for each restaurant for which it issued a permit during the permitting year.
E. State fees for a full service restaurant shall be based on the state permit fee determined by the
restaurant permit category (simple, moderate or complex) in Wis. Admin. Code Table DHS
196.05 C. In determining the restaurant permit category, Agent may use the restaurant permit
category assignment formula in Wis. Admin. Code s. DHS 196.05 (2) or a complexity tool for
which DHS has given written approval.
F. No later than September 30 of each year, Agent shall return the completed summary form and
reimburse DHS the state fees
X. COSTS
A. The total fees Agent collects may not exceed Agent's reasonable costs of issuing permits to,
making investigations and inspections of, and providing education, training and technical
assistance to licensed establishments, plus the state fees under Wis. Stat. s. 254.69 (e).
B. Any startup funding provided for Agent by DHS shall be used only for costs such as personnel,
equipment, software, or other expenses that are directly related to the development and
implementation of the new program and shall not be used to cover routine operation costs.
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XI. EVALUATION
A. DHS shall perform an annual evaluation of Agent's licensing, investigation and inspection
program to determine whether Agent meets the standards promulgated by administrative rule, as
required under Wis. Stat. s. 254.69 (2) (b). The evaluation will consist of the following:
1. Agent shall submit to DHS an annual self - assessment report no later than September 30, which
DHS shall use as part of its onsite evaluation of Agent's performance.
2. DHS shall conduct an onsite evaluation process every three to five years to assess Agent's
compliance with the provisions of this Agreement. DHS may conduct the onsite evaluation
process at any reasonable time and shall give Agent reasonable advance notice. The
evaluation may require up to a week to complete, depending on the size of Agent's program.
The onsite evaluation process shall include an office component and a field component. The
office component shall include, but is not limited to, review of ordinances, regulations,
inspection reports, and other required documentation. The field component shall include DHS
performing maintenance standardization with the Agent Standard, as well as evaluating
additional sanitarian(s) if applicable.
B. In addition to the annual evaluation, DHS may perform additional evaluations of Agent's
performance at any reasonable time with reasonable advance notice.
C. If Agent's food establishment program is evaluated by the Department of Agriculture, Trade, and
Consumer Protection, DHS shall accept this evaluation in lieu of conducting a separate
evaluation.
XII. NONDISCRIMINATION
A. In connection with the performance of work under this Agreement, Agent agrees that it will not
discriminate against any employee or applicant for employment because of age, race, religion,
color, handicap, sex, sexual orientation, or national origin with respect to any conditions
employment, including, but not be limited to: hiring, upgrading, demotion, transfer, recruitment,
recruitment advertising, layoff, termination, rates of pay or other forms of compensation,
selection for training, or apprenticeship. Agent agrees to take affirmative action to ensure equal
employment opportunities. Agent agrees to post in a conspicuous place, available to employees
and applicants for employment, notices provided by the Division of Public Health setting forth
the provisions of this nondiscrimination clause.
B. In connection with the performance of work under this Agreement, Agent agrees that it will not
discriminate against owners or operators of establishments regulated by this Agreement because
of age, race, religion, color, handicap, sex, sexual orientation, or national origin.
XIII. PRIVACY AND CONFIDENTIAL INFORMATION
A. Definitions: The following definitions apply to this section.
1 "Confidential Information" means all tangible and intangible information and materials that
are disclosed in connection with this Agreement, in any form or medium (and without regard
to whether the information is owned by DHS or by a third party), that satisfy at least one of
the following criteria:
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a) Personally Identifiable Information;
b) Information not subject to disclosure under Wis. Stat. ch. 19, subch. II, Public Records
and Property, that is related to DHS's employees, customers, technology (including data
bases, data processing and communications networking systems), schematics,
specifications, and all information or materials derived therefrom or based thereon; or
c) Information expressly designated as confidential in writing by DHS.
2 "Personally Identifiable Information" means an individual's last name and the individual's
first name or first initial, in combination with, and linked to, any of the following elements,
if the element is not publicly available information and is not encrypted, redacted, or altered
in any manner that renders the element unreadable:
a) The individual's Social Security number;
b) The individual's driver's license number or state identification number;
c) The number of the individual's financial account, including a credit or debit card account
number or any security code, access code, or password that would permit access to the
individual's financial account;
d) The individual's DNA profile; or
e) The individual's unique biometric data, including fingerprint, voice print, retina or iris
image, or any other unique physical representation, and any other information protected
by state or federal law.
3 "Corrective Action Plan" means a plan developed by Agent and approved by DHS that
Agent must follow in the event of any threatened or actual use or disclosure of any
Confidential Information not specifically authorized by this Agreement, or in the event that
any Confidential Information is lost or cannot be accounted for by Agent.
a. Duty of Non - Disclosure and Security Precautions
b. Agent shall not use Confidential Information for any purpose other than the limited
purposes set forth in this Agreement and all related and necessary actions taken in
fulfillment of the obligations under the Agreement. Agent shall not disclose such
Confidential Information to any persons other than those Agent representatives who
have a business - related need to have access to such Confidential Information in
furtherance of the limited purposes of this Agreement and who have been apprised of,
and agree to maintain, the confidential nature of such information in accordance with the
terms of this Agreement. Agent shall be responsible for the breach of this Agreement by
any representatives.
c. Agent shall institute and maintain such security procedures as are reasonable to maintain
the confidentiality of the Confidential Information while in its possession or control
whether physically or electronically.
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d. Agent shall insure that all indications of confidentiality imprinted on, connected to, or
included in any item of Confidential Information shall be reproduced by Agent on any
reproduction, modification, or translation of such Confidential Information. If requested
by DHS, Agent shall make a reasonable effort to add a proprietary notice or indication
of confidentiality to any tangible materials within its possession that contain
Confidential Information.
e. Upon termination of this Agreement, Agent shall return to DHS all Personally
Identifiable Information it maintains possesses or controls, which it obtained in
connection with this Agreement, and shall destroy all copies of such information.
B. Legal Disclosure. If Agent or any of its representatives is under a legal obligation to disclose any
Confidential Information, Agent shall give the DHS prompt notice thereof (unless it has a legal
obligation to the contrary) and shall allow DHS to inspect the Confidential Information and seek
a protective order or other appropriate remedy. If such protective order or other remedy is not
obtained, Agent and its representatives shall furnish only that portion of the information that is
legally required and shall disclose the Confidential Information in a manner reasonably designed
to preserve its confidential nature.
C. Unauthorized Use, Disclosure or Loss
1. Immediately upon becoming aware of any threatened or actual use or disclosure of any
Confidential Information that is not specifically authorized by this Agreement, or that any
Confidential Information has been lost or is unaccounted for, Agent shall notify the DHS.
Such notice shall include the identities of the persons affected and the nature of the
Confidential Information disclosed.
2. In the event of any threatened or actual use or disclosure of any Confidential Information not
specifically authorized by this Agreement, or in the event that any Confidential Information
is lost or cannot be accounted for, Agent shall comply with the Corrective Action Plan.
3. Agent shall take immediate steps to mitigate any harmful effects of the unauthorized use,
disclosure or loss. Agent shall cooperate with DHS's efforts to seek appropriate injunctive
relief or to otherwise prevent or curtail such threatened or actual breach, or to recover the
Confidential Information.
XIV. TERMINATION, REVOCATION OR SUSPENSION OF AGENT AGREEMENT
A. TERMINATION. Agent may terminate this Agreement upon 90 days written notice to DHS. The
notice shall specify the reasons for termination and the last day that Agent will have agent status.
B. REVOCATION. If DHS finds that Agent has failed to comply with the requirements for agent
status under Wis. Stat. § 254.69, Wis. Admin. Code ch. DHS 192 or the terms and conditions of
this Agreement, DHS may revoke agent status as provided in s. 254.69 (2) (b), Stats., upon 90
days written notice to Agent. The notice shall specify the reasons for revocation and the last day
that Agent will have agent status.
C. SUSPENSION. If DHS finds that suspension of this Agreement is necessary to protect the
public's health or safety, DHS may immediately suspend this Agreement upon notice to Agent.
DHS shall hold a hearing, if requested by Agent, within 15 days after DHS receives the request.
The suspension shall remain in effect until the final hearing decision is issued. In lieu of a
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suspension, DHS may notify Agent of any deficiencies in Agent's inspection, permit issuance and
enforcement program and establish a deadline for correction of the deficiencies.
D. Reimbursement upon Termination or Revocation:
1) Vending: If this Agreement is terminated or revoked, Agent shall receive reimbursement for
inspections of vending machines and vending machine commissaries performed under the
Agreement up to the date of termination or revocation.
2) Other Permits: If this Agreement is terminated or revoked, Agent shall reimburse DHS the
prorated amount for the remainder of the fiscal year of all permit fees received by Agent.
The reimbursement shall be based on this formula: (days left in fiscal year /365) times the
state permit fees for all the establishments Agent has licensed.
E. If the Agreement is terminated or revoked within 3 years of the initial start date, any startup fees
or equipment provided by DHS shall be repaid in full.
F. Upon termination or revocation of this Agreement, Agent shall transfer to DHS all inspection and
enforcement records.
Agent Department of Health Services
( 1 -e /
fed
Signature " �_,�� -
_ -_ z Chuck arzecha, irector
Title ��" ` " "' � " Bureau of Environmental and Occupational Health
County /City ti(,, , f �,� j� Division of Public Health
Date / Date
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