IGA RE WIC BFPC FMNP ONED WITH ADHS.PDF

ARIZONA DEPARTMENT OF
INTERGOVERNMENTAL AGREEMENT (IGA) HEALTH SERVICES
150 North 18th Avenue, Suite 260
Phoenix, Arizona 85007
Contract No. ADHS19-207429 (602) 542-1045
(602) 542-1741 FAX
Project Title: WIC, BFPC, FMNP AND ONED SERVICES Begin Date: October 1, 2018
Geographic Service Area: STATE OF ARIZONA Termination Date: September 30, 2023
Arizona Department of Health Services has authority to contract for services specified herein in accordance with A.R.S. §§ 11-951, 11-952, 36-
104 and 36-132. The Contractor represents that it has authority to contract for the performance of the services provided herein pursuant to:
X Counties: A.R.S. §§ 11-201, 11-951, 11-952 and 36-182.
Indian Tribes: A.R.S. §§ 11-951, 11-952 and the rules and sovereign authority of the contracting Indian Nation.
School Districts: A.R.S. §§ 11-951, 11-952, and 15-342.
City of Phoenix: Chapter II, §§ 1 & 2, Charter, City of Phoenix.
City of Tempe: Chapter 1, Article 1, §§ 1.01 & 1.03, Charter, City of Tempe.
Amendments signed by each of the parties and attached hereto are hereby adopted by reference as a part of this Contract, from the effective
date of the Amendment, as if fully set out herein.
Arizona Transaction (Sales) Privilege: 07-290-681 D FOR CLARIFICATION, CONTACT:
86-6000472
Federal Employer Identification No.: Name: Carrie Zavala
Tax License No.: Phone: 602-506-9339
Maricopa County by and through its,
Contractor Name: Maricopa County Public Health FAX No:
Address: 4041 N. Central Avenue, Suite 1400, Phoenix, AZ 85012
E-mail: Carrie.Zavala@Maricopa.gov
CONTRACTOR SIGNATURE: This Contract shall henceforth be referred to as Contract
The Contractor agrees to perform all the services set forth in the
Agreement and Work Statement. No. ADHS19-207429. The Contractor is hereby cautioned not
to commence any billable work or provide any material, service or
construction under this Contract until Contractor receives a fully
executed copy of the Contract.
State of Arizona
Signature of Person Authorized to Sign Date
Signed this day of , 201
Steve Chuchri
Chairman, Maricopa County Board of Supervisors
Print Name and Title
Procurement Officer
CONTRACTOR ATTORNEY SIGNATURE: Attorney General Contract, No. P0012014000078, which is an
Agreement between public agencies, has been reviewed pursuant to
Pursuant to A.R.S. § 11-952, the undersigned Contractor’s Attorney A.R.S. § 11-952 by the undersigned Assistant Attorney General, who
has determined that this Intergovernmental Agreement is in proper has determined that it is in the proper form and is within the powers
form and is within the powers and authority granted under the laws of granted under the laws of the State of Arizona to those parties to the
Arizona. Agreement represented by the Attorney General.
The Attorney General, BY:
Signature of Person Authorized to Sign Date
Signature Date
Assistant Attorney General:
Print Name and Title
ATTEST:
___________________________________________
Page 1 of 31 Clerk of the Board Date

CONTRACT NUMBER INTERGOVERNMENTAL AGREEMENT
ADHS19-207429 TERMS AND CONDITIONS
1. Definition of Terms. As used in this Contract, the terms listed below are defined as follows:
1.1 “Attachment” means any document attached to the Contract and incorporated into the Contract.
1.2 “ADHS” means Arizona Department of Health Services.
1.3 “Budget Term” means the period of time for which the contract budget has been created and during which
funds should be expended.
1.4 “Change Order” means a written order that is signed by a Procurement Officer and that directs the
Contractor to make changes authorized by the Uniform Terms and Conditions of the Contract.
1.5 “Contract” means the combination of the Uniform and Special Terms and Conditions, the Specifications and
Statement or Scope of Work, Attachments, Referenced Documents, any Contract Amendments and any
terms applied by law.
1.6 “Contract Amendment” means a written document signed by the Procurement Officer and the Contractor
that is issued for the purpose of making changes in the Contract.
1.7 “Contractor” means any person who has a Contract with the Arizona Department of Health Services.
1.8 “Cost Reimbursement” means a contract under which a contractor is reimbursed for costs, which are
reasonable, allowable and allocable in accordance with the contract terms and approved by ADHS.
1.9 “Days” means calendar days unless otherwise specified.
1.10 “Fixed Price” establishes a set price per unit of service. The set price shall be based on costs, which are
reasonable, allowable and allocable.
1.11 “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more
than nominal value, present or promised, unless consideration of substantially equal or greater value is
received.
1.12 “Materials” unless otherwise stated herein, means all property, including but not limited to equipments,
supplies, printing, insurance and leases of property.
1.13 “Procurement Officer” means the person duly authorized by the State to enter into and administer Contracts
and make written determinations with respect to the Contract.
1.14 “Purchase Order” means a written document that is signed by a Procurement Officer, that requests a
vendor to deliver described goods or services at a specific price and that, on delivery and acceptance of the
goods or services by ADHS, becomes an obligation of the State.
1.15 “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor.
1.16 “Subcontract” means any contract, express or implied, between the Contractor and another party or
between a subcontractor and another party delegating or assigning, in whole or in part, the making or
furnishing of any material or any service required for the performance of this Contract.
1.17 “State” means the State of Arizona and/or the ADHS. For purposes of this Contract, the term “State” shall
not include the Contractor.
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2. Contract Type.
This Contract shall be:
Fixed Price
X Cost Reimbursement
3. Contract Interpretation.
3.1. Arizona Law. The law of Arizona applies to this Contract including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona.
3.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a
part of this Contract as if fully stated in it.
3.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by
the State and as they may be amended, the following shall prevail in the order set forth below:
3.3.1. Terms and Conditions;
3.3.2. Statement or Scope of Work;
3.3.3. Attachments; and
3.3.4. Referenced Documents.
3.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to
this Contract shall be deemed to be the employee or agent of the other party to the Contract.
3.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid
shall not affect any other term or condition of the Contract.
3.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or
explain any terms used in this document.
3.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall
not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.
3.8. Headings. Headings are for organizational purposes only and shall not be interpreted as having legal
significance or meaning.
4. Contract Administration and Operation.
4.1. Term. As indicated on the signature page of the Contract, the Contract shall be effective as of the Begin
Date and shall remain effective until the Termination Date.
4.2. Contract Renewal. This Contract shall not bind, nor purport to bind, the State for any contractual
commitment in excess of the original Contract period. The term of the Contract shall not exceed five years.
However, if the original Contract period is for less than five years, the State shall have the right, at its sole
option, to renew the Contract, so long as the original Contract period together with the renewal periods does
not exceed five years. If the State exercises such rights, all terms, conditions and provisions of the original
Contract shall remain the same and apply during the renewal period with the exception of price and Scope
of Work, which may be renegotiated.
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4.3. New Budget Term. If a budget term has been completed in a multi-term Contract, the parties may agree to
change the amount and type of funding to accommodate new circumstances in the next budget term. Any
increase or decrease in funding at the time of the new budget term shall coincide with a change in the
Scope of Work or change in cost of services as approved by the Arizona Department of Health Services.
4.4. Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
4.5. Records and Audit. Under A.R.S. § 35-214 and A.R.S. § 35-215, the Contractor shall retain and shall
contractually require each subcontractor to retain all data and other records (“records”) relating to the
acquisition and performance of the Contract for a period of five years after the completion of the Contract.
All records shall be subject to inspection and audit by the State and where applicable the Federal
Government at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all
such records.
4.6. Financial Management. For all contracts, the practices, procedures, and standards specified in and
required by the Accounting and Auditing Procedures Manual for the ADHS funded programs shall be used
by the Contractor in the management of Contract funds and by the State when performing a Contract audit.
Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these
Contract services shall be accounted for in a separate fund.
4.6.1. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the
certified finance and compliance audit provision of the Office of Management and Budget (OMB)
Circular A-133, if applicable. The federal financial assistance information shall be stated in a
Change Order or Purchase Order.
4.6.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified
compliance provisions of A.R.S. § 35-181.03.
4.7. Inspection and Testing. The Contractor agrees to permit access, at reasonable times, to its facilities.
4.8. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person
indicated on the signature page by the Contractor, unless otherwise stated in the Contract. Notices to the
State required by the Contract shall be made by the Contractor to an ADHS Procurement Officer, unless
otherwise stated in the Contract. An authorized ADHS Procurement Officer and an authorized Contractor
representative may change their respective person to whom notice shall be given by written notice, and an
amendment to the Contract shall not be necessary.
4.9. Advertising and Promotion of Contract. The Contractor shall not advertise or publish information for
commercial benefit concerning this Contract without the prior written approval of an ADHS Procurement
Officer.
4.10. Property of the State.
4.10.1. Equipment. Except as provided below or otherwise agreed to by the parties, the title to any and all
equipment acquired through the expenditure of funds received from the State shall remain the
property of the State by and through the ADHS and, as such, shall remain under the sole direction,
management and control of the ADHS. When this Contract is terminated, the disposition of all such
property shall be determined by the ADHS. For Fixed Price contracts, when the Contractor
provides the services/materials required by the Contract, any and all equipment purchased by the
Contractor remains the property of the Contractor. All purchases of equipment need to be reported
to the ADHS Office of Inventory Control.
4.10.2. Title and Rights to Materials. As used in this section, the term “Materials” means all products
created or produced by the Contractor under this Contract, including, but not limited to: written and
electronic information, recordings, reports, research, research findings, conclusions, abstracts,
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results, software, data and any other intellectual property or deliverables created, prepared, or
received by the Contractor in performance of this Contract. Contractor acknowledges that all
Materials are the property of the State by and through the ADHS and, as such, shall remain under
the sole direction, management and control of the ADHS. The Contractor is not entitled to a patent
or copyright on these Materials and may not transfer a patent or copyright on them to any other
person or entity. To the extent any copyright in any Materials may originally vest in the Contractor,
the Contractor hereby irrevocably transfers to the ADHS, for and on behalf of the State, all
copyright ownership. The ADHS shall have full, complete and exclusive rights to reproduce,
duplicate, adapt, distribute, display, disclose, publish, release and otherwise use all Materials. The
Contractor shall not use or release these Materials without the prior written consent of the ADHS.
When this Contract is terminated, the disposition of all such Materials shall be determined by the
ADHS. Further, the Contractor agrees to give recognition to the ADHS for its support of any
program when releasing or publishing program Materials.
4.10.3. Notwithstanding the above, if the Contractor is a State agency, the following shall apply instead: It
is the intention of ADHS and Contractor that all material and intellectual property developed under
this Agreement be used and controlled in ways to produce the greatest benefit to the parties to this
Contract and the citizens of the State of Arizona. As used in this paragraph, “Material” means all
written and electronic information, recordings, reports, findings, research information, abstracts,
results, software, data, discoveries, inventions, procedures and processes of services developed by
the Contractor and any other materials created, prepared or received by the Contractor and
subcontractors in performance of this Agreement. “Material” as used herein shall not include any
pre-existing data, information, materials, discoveries, inventions or any form of intellectual property
invented, created, developed or devised by Contractor (or its employees, subcontractors or agents)
prior to the commencement of the services funded by this Agreement or that may result from
Contractor’s involvement in other service activities that are not funded by the Agreement.
4.10.4. Title and exclusive copyright to all Material shall vest in the State of Arizona, subject to any rights
reserved on behalf of the federal government. As State agencies and instrumentalities, both ADHS
and Contractor shall have full, complete, perpetual, irrevocable and non-transferable rights to
reproduce, duplicate, adapt, make derivative works, distribute, display, disclose, publish and
otherwise use any and all Material. The Contractor’s right to use Material shall include the following
rights: the right to use the Material in connection with its internal, non-profit research and
educational activities, the right to present at academic or professional meetings or symposia and
the right to publish in journals, theses, dissertations or otherwise of Contractor’s own choosing.
Contractor agrees to provide ADHS with a right of review prior to any publication or public
presentation of the Material, and ADHS shall be entitled to request the removal of its confidential
information or any other content the disclosure of which would be contrary to the best interest of the
State of Arizona. Neither party shall release confidential information to the public without the prior
expressly written permission of the other, unless required by the State public records statutes or
other law, including a court order. Each party agrees to give recognition to the other party in all
public presentations or publications of any Material, when releasing or publishing them.
4.10.5. In addition, ADHS and Contractor agree that any and all Material shall be made freely available to
the public to the extent it is in the best interest of the State. However, if either party wants to
license or assign an intellectual property interest in the material to a third-party for monetary
compensation, ADHS and Contractor agree to convene to determine the relevant issues of title,
copyright, patent and distribution of revenue. In the event of a controversy as to whether the
Material is being used for monetary compensation or in a way that interferes with the best interest
of the state or ADHS, then the Arizona Department of Administration shall make the final decision.
Notwithstanding the above, “monetary compensation’ does not include compensation paid to an
individual creator for traditional publications in academia (the copyrights to which are Employee-
Excluded Works under ABOR Intellectual Property Policy Section 6-908C.4.), an honorarium or
other reimbursement of expenses for an academic or professional presentation, or an unprofitable
distribution of Material.
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4.11. E-Verify Requirements In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all
Federal immigration laws and regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A.
4.12. Federal Immigration and Nationality Act The Contractor shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of the
Contract. Further, the Contractor shall flow down this requirement to all subcontractors utilized during the
term of the Contract. The State shall retain the right to perform random audits of Contractor and
subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State
determine that the Contractor and/or any subcontractors be found noncompliant, the State may pursue all
remedies allowed by law, including, but not limited to; suspension of work, termination of the Contract for
default and suspension and/or debarment of the Contractor.
5. Costs and Payments
5.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, net 30 days. Upon
receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate
Contractor’s Expenditure Report for payment from the State within thirty (30) days, as provided in the
Accounting and Auditing Procedures Manual for the ADHS.
5.2. Recoupment of Contract Payments.
5.2.1. Unearned Advanced Funds. Any unearned State funds that have been advanced to the Contractor
and remain in its possession at the end of each budget term, or at the time of termination of the
Contract, shall be refunded to the ADHS within forty-five (45) days of the end of a budget term or of
the time of termination.
5.2.2. Contracted Services. In a fixed price contract, if the number of services provided is less than the
number of services for which the Contractor received compensation, funds to be returned to the
ADHS shall be determined by the Contract price. Where the price is determined by cost per unit of
service or material, the funds to be returned shall be determined by multiplying the unit of service
cost by the number of services the Contractor did not provide during the Contract term. Where the
price for a deliverable is fixed, but the deliverable has not been completed, the Contractor shall be
paid a pro rata portion of the completed deliverable. In a cost reimbursement contract, the ADHS
shall pay for any costs that the Contractor can document as having been paid by the Contractor
and approved by ADHS. In addition, the Contractor will be paid its reasonable actual costs for work
in progress as determined by Generally Accepted Accounting Procedures up to the date of contract
termination.
5.2.3. Refunds. Within forty-five (45) days after the end of each budget term or of the time of termination
of the Contract, the Contractor shall refund the greater of: i) the amount refundable in accordance
with paragraph 4.2.1, Unearned Advanced Funds; or ii) the amount refundable in accordance with
paragraph 5.2.2, Contracted Services.
5.2.4. Unacceptable Expenditures. The Contractor agrees to reimburse the ADHS for all Contract funds
expended, which are determined by the ADHS not to have been disbursed by the Contractor in
accordance with the terms of this Contract. The Contractor shall reimburse ADHS within 45 days of
the determination of unacceptability.
5.3. Unit Costs/Rates or Fees. Unit costs/rates or fees shall be based on costs, which are determined by ADHS
to be reasonable, allowable and allocable as outlined in the Accounting and Auditing Procedures Manual for
the ADHS.
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5.4. Applicable Taxes.
5.4.1. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state
and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the
responsibility of the seller to remit. Failure to collect taxes from the buyer does not relieve the seller
from its obligation to remit taxes.
5.4.2. Tax Indemnification. The Contractor and all subcontractors shall pay all federal, state and local
taxes applicable to its operation and any persons employed by the Contractor. Contractor shall
require all subcontractors to hold the State harmless from any responsibility for taxes, damages and
interest, if applicable, contributions required under Federal, and/or state and local laws and
regulations and any other costs, including transaction privilege taxes, unemployment compensation
insurance, Social Security and Worker’s Compensation.
5.4.3. I.R.S. W9 Form. In order to receive payment under any resulting Contract, the Contractor shall
have a current I.R.S. W9 Form on file with the State of Arizona.
5.5. Availability of Funds for the Next Fiscal Year. Funds may not be presently available for performance under
this Contract beyond the first year of the budget term or Contract term. The State may reduce payments or
terminate this Contract without further recourse, obligation or penalty in the event that insufficient funds are
appropriated in the subsequent budget term. The State shall not be liable for any purchases or
Subcontracts entered into by the Contractor in anticipation of such funding. The Procurement Officer shall
have the discretion in determining the availability of funds.
5.6. Availability of Funds for the Current Contract Term. Should the State Legislature enter back into session
and decrease the appropriations through line item or general fund reductions, or for any other reason these
goods or services are not funded as determined by ADHS, the following actions may be taken by ADHS:
5.6.1. Accept a decrease in price offered by the Contractor;
5.6.2. Reduce the number of goods or units of service and reduce the payments accordingly;
5.6.3. Offer reductions in funding as an alternative to Contract termination; or
5.6.4. Cancel the Contract.
6. Contract Changes
6.1. Amendments, Purchase Orders and Change Orders. This Contract is issued under the authority of the
Procurement Officer who signed this Contract. The Contract may be modified only through a Contract
Amendment, Purchase Order and/or Change Order within the scope of the Contract, unless the change is
administrative or otherwise permitted by the Special Terms and Conditions. Changes to the Contract,
including the addition of work or materials, the revision of payment terms, or the substitution of work or
materials, directed by an unauthorized State employee or made unilaterally by the Contractor are violations
of the Contract and of applicable law. Such changes, including unauthorized Contract Amendments,
Purchase Orders and/or Change Orders, shall be void and without effect, and the Contractor shall not be
entitled to any claim under this Contract based on those changes.
6.2. Subcontracts. The Contractor shall not enter into any subcontract under this Contract without the advance
written approval of the Procurement Officer. The subcontract shall incorporate by reference all material and
applicable terms and conditions of this Contract.
6.3. Assignments and Delegation. The Contractor shall not assign any right nor delegate any duty under this
Contract without the prior written approval of the Procurement Officer. The State shall not unreasonably
withhold approval.
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7. Risk and Liability
7.1. Risk of Loss. The Contractor shall bear all loss of conforming material covered under this Contract until
received and accepted by authorized personnel at the location designated in the Purchase Order, Change
Order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming
materials shall remain with the Contractor regardless of receipt.
7.2. Mutual Indemnification. Each party (as “indemnitor”) agrees to indemnify, defend and hold harmless the
other party (as “indemnitee”) from and against any and all claims, losses, liability, costs or expenses
(including reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such claims, which
result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers.
7.3. Force Majeure.
7.3.1. Liability and Definition. Except for payment of sums due, neither party shall be liable to the other
nor deemed in default under this Contract if and to the extent that such party’s performance of this
Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence
that is beyond the control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes acts of God; acts of the public enemy; acts of
terrorism; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts;
injunctions-interventions not caused by or resulting from the act or failure to act of the parties;
failures or refusals to act by government authority not caused by or resulting from the act or failure
to act of the parties; and other similar occurrences beyond the control of the party declaring force
majeure, which such party is unable to prevent by exercising reasonable diligence.
7.3.2. Exclusions. Force Majeure shall not include the following occurrences:
7.3.2.1. Late delivery of Materials caused by congestion at a manufacturer’s plant or elsewhere, or
an oversold condition of the market;
7.3.2.2. Late performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this force majeure term and condition; or
7.3.2.3. Inability of either the Contractor or any subcontractor to acquire or maintain any required
insurance, bonds, licenses or permits.
7.3.3. Notice. If either party is delayed at any time in the progress of the work by force majeure, the
delayed party shall notify the other party in writing of such delay, as soon as is practicable and no
later than the following working day of the commencement thereof, and shall specify the causes of
such delay in such notice. Such notice shall be delivered or mailed certified-return receipt and shall
make a specific reference to this article, thereby invoking its provisions. The delayed party shall
cause such delay to cease as soon as practicable and shall notify the other party in writing when it
has done so. The time of completion shall be extended by Contract Amendment for a period of
time equal to the time that the results or effects of such delay prevent the delayed party from
performing in accordance with this Contract.
7.3.4. Default. Any delay or failure in performance by either party hereto shall not constitute default
hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent
that, such delay or failure is caused by force majeure.
7.4. Third Party Antitrust Violations. The Contractor assigns to the State any claim for overcharges resulting
from antitrust violations to the extent that those violations concern materials or services supplied by third
parties to the Contractor for or toward the fulfillment of this Contract.
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8. Description of Materials
The following provisions shall apply to Materials only:
8.1. Liens. The Contractor agrees that the Materials supplied under this Contract are free of liens. In the event
the Materials are not free of liens, Contractor shall pay to remove the lien and any associated damages or
replace the Materials with Materials free of liens.
8.2. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor agrees that, for
one year after acceptance by the State of the Materials, they shall be:
8.2.1. Of a quality to pass without objection in the Contract description;
8.2.2. Fit for the intended purposes for which the Materials are used;
8.2.3. Within the variations permitted by the Contract and are of even kind, quantity, and quality within
each unit and among all units;
8.2.4. Adequately contained, packaged and marked as the Contract may require; and
8.2.5. Conform to the written promises or affirmations of fact made by the Contractor.
8.3. Inspection/Testing. Subparagraphs 8.1 through 8.2 of this paragraph are not affected by inspection or
testing of or payment for the Materials by the State.
8.4. Compliance With Applicable Laws. The Materials and services supplied under this Contract shall comply
with all applicable federal, state and local laws, and the Contractor shall maintain all applicable license and
permit requirements.
8.5. Survival of Rights and Obligations After Contract Expiration and Termination.
8.5.1. Contractor’s Representations. All representations and warranties made by the Contractor under
this Contract in paragraphs 7 and 8 shall survive the expiration or termination hereof. In addition,
the parties hereto acknowledge that pursuant to A.R.S. § 12.510, except as provided in A.R.S. §
12-529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S. Title
12, Chapter 5.
8.5.2. Purchase Orders and Change Orders. Unless otherwise directed in writing by the Procurement
Officer, the Contractor shall fully perform and shall be obligated to comply with all Purchase Orders
and Change Orders received by the Contractor prior to the expiration or termination hereof,
including, without limitation, all Purchase Orders and Change Orders received prior to but not fully
performed and satisfied at the expiration or termination of this Contract.
9. State’s Contractual Remedies
9.1. Right to Assurance. If the State, in good faith, has reason to believe that the Contractor does not intend to,
or is unable to, perform or continue performing under this Contract, the Procurement Officer may demand
in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to
provide written assurance within the number of Days specified in the demand may, at the State’s option, be
the basis for terminating the Contract.
9.2. Stop Work Order.
9.2.1. Terms. The State may, at any time, by written order to the Contractor, require the Contractor to
stop all or any part of the work called for by this Contract for a period up to ninety (90) Days after
the order is delivered to the Contractor, and for any further period to which the parties may agree.
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The order shall be specifically identified as a stop work order issued under this clause. Upon
receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order during the
period of work stoppage.
9.2.2. Cancellation or Expiration. If a stop work order issued under this clause is canceled or the period of
the order or any extension expires, the Contractor shall resume work. The Procurement Officer
shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the
Contract shall be amended in writing accordingly.
9.3. Non-exclusive Remedies. The rights and remedies of ADHS under this Contract are not exclusive, and
ADHS is entitled to all rights and remedies available to it, including those under the Arizona Uniform
Commercial Code and Arizona common law.
9.4. Right of Offset. The State shall be entitled to offset against any sums due the Contractor in any Contract
with the State or damages assessed by the State because of the Contractor’s non-conforming performance
or failure to perform this Contract. The right to offset may include, but is not limited to, a deduction from an
unpaid balance and a collection against the bid and/or performance bonds. Any offset taken for damages
assessed by the State shall represent a fair and reasonable amount for the actual damages and shall not
be a penalty for non-performance.
10. Contract Termination
10.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Contract within
three (3) years after Contract execution without penalty or further obligation if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is, or
becomes at any time while the Contract or an extension of the Contract is in effect, an employee of or a
consultant to any other party to this Contract with respect to the subject matter of the Contract. The
cancellation shall be effective when the Contractor receives written notice of the cancellation, unless the
notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this
Contract as provided in A.R.S. § 38-511.
10.2. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the State
determines that employment or a Gratuity was offered or made by the Contractor or a representative of the
Contractor to any officer or employee of the State for the purpose of influencing the outcome of the
procurement, securing the Contract or an Amendment to the Contract, or receiving favorable treatment
concerning the Contract, including the making of any determination or decision about Contract
performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary
damages in the amount of three times the value of the Gratuity offered by the Contractor.
10.3. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this
Contract if the State determines that the Contractor or its subcontractor has been debarred, suspended or
otherwise lawfully prohibited from participating in any public procurement activity, including but not limited
to, being disapproved as a subcontractor of any public procurement unit or other governmental body.
10.4. Termination Without Cause.
10.4.1. Both the State and the Contractor may terminate this Contract at any time with thirty (30) days’
notice in writing specifying the termination date. Such notices shall be given by personal delivery or
by certified mail, return receipt requested.
10.4.2. If the Contractor terminates this Contract, any monies prepaid by the State, for which no service or
benefit was received by the State, shall be refunded to the State within 5 days of the termination
notice. In addition, if the Contractor terminates the Contract, the Contractor shall indemnify the
State for any sanctions imposed by the funding source as a result of the Contractor’s failure to
complete the Contract.
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10.4.3. If the State terminates this Contact pursuant to this Section, the State shall pay the Contractor the
Contract price for all Services and Materials completed up to the date of termination. In a fixed
price contract, the State shall pay the amount owed for the Services or Materials by multiplying the
unit of service or item cost by the number of unpaid service units or items. In a cost reimbursement
contract, the ADHS shall pay for any costs that the Contractor can document as having been paid
by the Contractor and approved by ADHS. In addition, the Contractor will be paid its reasonable
actual costs for work in progress as determined by GAAP up to the date of termination. Upon such
termination, the Contractor shall deliver to the ADHS all deliverables completed. ADHS may require
Contractor to negotiate the terms of any remaining deliverables still due.
10.5. Mutual Termination. This Contract may be terminated by mutual written agreement of the parties specifying
the termination date and the terms for disposition of property and, as necessary, submission of required
deliverables and payment therein.
10.6. Termination for Default. The State reserves the right to terminate the Contract in whole or in part due to
the failure of the Contractor to comply with any material obligation, term or condition of the Contract, to
acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory
progress in performing the Contract. In the event the ADHS terminates the Contract in whole or in part as
provided in this paragraph, the ADHS may procure, upon such terms and in such manner as deemed
appropriate, Services or Materials, similar to those terminated, and Contractor shall be liable to the ADHS
for any excess costs incurred by the ADHS in obtaining such similar Services or Materials.
10.7. Continuation of Performance Through Termination. Upon receipt of the notice of termination and until the
effective date of the notice of termination, the Contractor shall perform work consistent with the
requirements of the Contract and, if applicable, in accordance with a written transition plan approved by the
ADHS. If the Contract is terminated in part, the Contractor shall continue to perform the Contract to the
extent not terminated. After receiving the notice of termination, the Contractor shall immediately notify all
subcontractors, in writing, to stop work on the effective date of termination, and on the effective date of
termination, the Contractor and subcontractors shall stop all work.
10.8. Disposition of Property. Upon termination of this Contract, all property of the State, as defined herein, shall
be delivered to the ADHS upon demand.
11. Arbitration
Pursuant to A.R.S. § 12-1518, disputes under this Contract shall be resolved through the use of arbitration when
the case or lawsuit is subject to mandatory arbitration pursuant to rules adopted under A.R.S. § 12 -133.
12. Communication
12.1. Program Report. When reports are required by the Contract, the Contractor shall provide them in the
format approved by ADHS.
12.2. Information and Coordination. The State will provide information to the Contractor pertaining to activities
that affect the Contractor’s delivery of services, and the Contractor shall be responsible for coordinating
their activities with the State’s in such a manner as not to conflict or unnecessarily duplicate the State’s
activities. As the work of the Contractor progresses, advice and information on matters covered by the
Contract shall be made available by the Contractor to the State throughout the effective period of the
Contract.
13. Client Grievances
If applicable, the Contractor and its subcontractors shall use a procedure through which clients may present
grievances about the operation of the program that result in the denial, suspension or reduction of services
provided pursuant to this Contract and which is acceptable to and approved by the State.
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14. Sovereign Immunity
Pursuant to A.R.S. § 41-621(O), the obtaining of insurance by the State shall not be a waiver of any sovereign
immunity defense in the event of suit.
15. Administrative Changes
The Procurement Officer, or authorized designee, reserves the right to correct any obvious clerical, typographical
or grammatical errors, as well as errors in party contact information (collectively, “Administrative Changes”), prior
to or after the final execution of a Contract or Contract Amendment. Administrative Changes subject to
permissible corrections include: misspellings, grammar errors, incorrect addresses, incorrect Contract
Amendment numbers, pagination and citation errors, mistakes in the labeling of the rate as either extended or
unit, and calendar date errors that are illogical due to typographical error. The Procurement Office shall
subsequently send to the Contractor notice of corrections to administrative errors in a written confirmation letter
with a copy of the corrected Administrative Change attached.
16. Survival of Terms After Termination or Cancellation of Contract
All applicable Contract terms shall survive and apply after Contract termination or cancellation to the extent
necessary for Contractor to complete and for the ADHS to receive and accept any final deliverables that are due
after the date of the termination or cancellation.
17. Health Insurance Portability and Accountability Act of 1996 (HIPAA)
17.1. The Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health
Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying
regulations and will comply with all applicable HIPAA requirements in the course of this Contract.
Contractor warrants that it will cooperate with the Arizona Department of Health Services (ADHS) in the
course of performance of the Contract so that both ADHS and Contractor will be in compliance with HIPAA,
including cooperation and coordination with the Arizona Department of Administration-Arizona Strategic
Enterprise Technology (ADOA-ASET) Office, the ADOA-ASET Arizona State Chief Information Security
Officer and HIPAA Coordinator and other compliance officials required by HIPAA and its
regulations. Contractor will sign any documents that are reasonably necessary to keep ADHS and
Contractor in compliance with HIPAA, including, but not limited to, business associate agreements.
17.2. If requested by the ADHS Procurement Office, Contractor agrees to sign a “Pledge To Protect Confidential
Information” and to abide by the statements addressing the creation, use and disclosure of confidential
information, including information designated as protected health information and all other confidential or
sensitive information as defined in policy. In addition, if requested, Contractor agrees to attend or
participate in HIPAA training offered by ADHS or to provide written verification that the Contractor has
attended or participated in job related HIPAA training that is: (1) intended to make the Contractor proficient
in HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer or
other person or program knowledgeable and experienced in HIPAA and who has been approved by the
ADOA-ASET Arizona State Chief Information Security Officer and HIPAA Coordinator.
18. Comments Welcome
The ADHS Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any
comments you may have. Please submit your comments to: ADHS Procurement Administrator, Arizona
Department of Health Services, 150 North 18th Avenue, Suite 280, Phoenix, Arizona 85007.
19. Data Universal Numbering System (DUNS) Requirement
For federal funding, pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which
is a State, local government, or Indian tribe; foreign public entity; domestic or foreign nonprofit organization;
domestic or foreign for-profit organization; or Federal agency, but only as a subrecipient under an award or
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subaward to a non-Federal entity) may receive a subaward from ADHS unless the entity provides its Data
Universal Numbering System (DUNS) Number to ADHS.
20. The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as
amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/
If applicable, the Contractor/Grantee shall submit to ADHS via email the Grant Reporting Certification Form. This
form and the instructions can be downloaded from the ADHS Procurement website at
http://www.azdhs.gov/operations/financial-services/procurement/index.php#ffata and must be returned to the
ADHS by the 15th of the month following that in which the award was received. The form shall be completed
electronically, and submitted using the steps outlined in the Grant Reporting Certification Form Instructions to the
following email address: ADHS_Grant@azdhs.gov. All required fields must be filled including Top Employee
Compensation, if applicable. Completing the Grant Reporting Certification Form is required for compliance with
the Office of Management and Budget (OMB), found at http://www.whitehouse.gov/omb/open. Failure to timely
submit the Grant Reporting Certification Form could result in the loss of funds. This requirement applies to all
subcontractors/sub-awardees utilized by the Contractor/Grantee for amounts exceeding $30,000.00 during the
term of the Award.
21. Contracting; Procurement; Investment; Prohibitions
21.1. A public entity may not enter into a contract with a company to acquire or dispose of services,
supplies, information technology or construction unless the contract includes a written certification that
the company is not currently engaged in, and agrees for the duration of the contract to not engage in,
a boycott of Israel.
21.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing
or requiring a person or company to boycott Israel.
21.3. Contractor hereby certifies that it is not currently engaged in, and will not for the duration of this Contract
engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Contractor
may result in action by the State up to and including termination of this Contract.
22. Technology Replacement
In any event where product is discontinued, no longer available or technically inferior to newly developed product,
the Contractor shall provide an equivalent replacement model at no additional cost and shall honor the original
contract terms
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1. Background
The Arizona Department of Health Services (ADHS) Bureau of Nutrition and Physical Activity (BNPA) administers
funds provided by the United States Department of Agriculture (USDA) for the operation of the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC), Breastfeeding Peer Counseling Program (BFPC), and the
Women and Children's Farmers Market Nutrition Programs (FMNP) for the State of Arizona. The USDA nutrition
programs are discretionary, and each provides a specific service to women, infants, and children who are low income
and at nutrition risk. The overall goal of all the USDA Nutrition Programs is to improve the health status of eligible
participants through adoption of healthy behavioral lifestyle changes and to help prevent the occurrence of health
problems.
1.1. WIC Nutrition Services
The WIC Program accomplishes this goal by providing participant-centered services (PCS) including nutrition and
breastfeeding information and support, specific supplemental healthy foods through the issuance of food benefits
that can be used at ADHS-approved grocery stores and farmers’ markets, and referrals to other health and
human services as an adjunct to good health care during critical times of growth and development. Service
population eligibility for the WIC Program is based upon federal regulations such as participant category
(pregnant and breastfeeding woman, infant or child under five years of age), a household income at or below
185% of federal poverty guidelines, residence within the service area, and nutrition risks.
To be considered as a WIC Local Agency, the organization must be a local public or private non-profit
organization, County health department, or tribal entity under contract with ADHS to provide WIC services
according to the WIC Program federal regulations and state policies and procedures. The State awards a WIC
Contract based on the ability of the organization to provide WIC services, potential eligible population, need,
response to the Scope of Work, information technology capacity, and available funds. The State determines and
awards the WIC contract amount based on a funding formula using several factors such as a base level for a
program to function, the amount of caseload negotiated with each Local Agency, and quality of performance.
1.1.1. Specific objectives for nutrition services (based on Healthy People 2020 goals) are:
1.1.1.1. To increase the incidence of breastfeeding to 82% of women initiating breastfeeding;
1.1.1.2. To increase the duration of breastfeeding to 61% of women breastfeeding for the first six (6)
months of their baby’s life;
1.1.1.3. To increase the duration of breastfeeding to 34% of women breastfeeding for the first year of
their baby’s life;
1.1.1.4. To increase the rate infants are exclusively breastfed to 44% at three (3) months and 24% at six
months;
1.1.1.5. To reduce the proportion of adults who are considered obese to 31%;
1.1.1.6. To reduce the proportion of children ages 2-5 who are considered obese to 10%;
1.1.1.7. To increase the consumption and variety of fruits and vegetables by those two (2) and older;
1.1.1.8. To increase the consumption of whole grains by those two (2) and older; and
1.1.1.9. To increase the proportion of children ages 0-2 who view no television or videos on an average
day to 45%.
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1.2. Breastfeeding Peer Counseling (BFPC)
1.2.1. In 2003, the USDA Food and Nutrition Service (FNS) entered into a cooperative agreement with Best
Start Social Marketing (Best Start) to gather information to obtain a clear understanding of the
components that are necessary to sustain effective peer counseling programs and how to structure these
programs so they are cost effective and manageable. They developed the program "Using Loving
Support to Implement Best Practices in Peer Counseling", which is a training and technical assistance
project that will be used as a model to aid WIC in designing, building, maintaining, and sustaining peer
counseling programs that will improve breastfeeding initiation and duration rates. Arizona will be using
this program to guide and develop the state peer counseling program.
1.2.2. The discretionary peer counseling services are considered an adjunct support to WIC breastfeeding
services to help achieve the WIC Nutrition Services objectives regarding breastfeeding.
1.2.3. Peer counseling has been a significant factor in improving initiation and duration rates of breastfeeding
among women in a variety of settings, including disadvantaged and WIC populations representing diverse
cultural backgrounds and geographical locations. Peer counselors are especially effective in communities
where role models for breastfeeding behaviors, knowledgeable health care providers, and cultural
practices that include breastfeeding as the norm, are scarce. Combining peer counseling with the ongoing
WIC breastfeeding promotion and support efforts has the potential to significantly impact breastfeeding
rates among WIC participants, and most significantly, increase the harder to achieve breastfeeding
duration rates. WIC Local Agencies are strongly encouraged to provide peer counseling services in
addition to the ongoing breastfeeding support to their WIC participants. Contractors must provide a
breastfeeding friendly environment and have policies to accommodate participants and staff who are
breastfeeding.
1.3. Farmer's Market Nutrition Program (FMNP)
The Women and Children Farmers' Market Nutrition Program (FMNP) is intended to increase consumption of
locally grown fresh fruits and vegetables by providing FMNP checks to a limited number of WIC women, children,
and infants as ADHS allows to purchase these items directly from growers at ADHS-approved farmers' markets.
FMNP is also intended to support local agriculture by expanding the awareness, use of, and sales at farmers'
markets.
2. Objective
At a minimum, to provide WIC services while allowing each Local Agency to provide, at their discretion, Breastfeeding
Peer Counseling Services and / or Farmers’ Market Nutrition Program Services.
3. Scope of Service
3.1. WIC Services
The WIC Program Contractor shall perform all the work required to administer and provide WIC services to
eligible participants according to the Arizona WIC Program Policies and Procedures Manual (WIC PPM). These
include, but are not limited to the following activities:
3.1.1. Perform WIC certification procedures such as categorical and income screening and health and nutrition
assessments;
3.1.2. Provide participant centered nutrition and breastfeeding support services to WIC participants;
3.1.3. Provide the mandatory and appropriate additional referrals reflecting the needs of the individual WIC
participants;
3.1.4. Issue WIC food benefits tailored to meet the needs of the participants;
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3.1.5. Ensure the collection and recording of accurate information;
3.1.6. Provide professional training, mentoring and monitoring of WIC staff competencies necessary for delivery
of required services;
3.1.7. Provide administrative functions for operation of the WIC Program; and
3.1.8. Prepare and submit all required plans/reports in accordance with this contract and the WIC PPM.
3.2. Breastfeeding Peer Counseling (BFPC)
WIC BFPC Contractors shall perform all the work required to administer and provide additional breastfeeding
support services to WIC mothers following the Loving Support best practice guidelines for peer counseling
services and according to the Contractor's proposal in order to increase the breastfeeding rate and duration of
breastfeeding.
3.3. Farmer's Market Nutrition Program (FMNP)
WIC FMNP Contractors shall perform all the work required to administer and provide WIC FMNP services to
eligible participants including but not limited to:
3.3.1. Identifying participants and offering program services;
3.3.2. Distributing information to participants;
3.3.3. Issuing of FMNP benefits;
3.3.4. Safeguarding FMNP benefits;
3.3.5. Documenting accurately all required information;
3.3.6. Providing administrative functions necessary for operation of the FMNP;
3.3.7. Preparing and submitting all required reports in accordance with this Contract; and
3.3.8. Adhering to all provisions of the Arizona Farmers' Market Nutrition Program Policies and Procedures
Manual.
4. Tasks
4.1. WIC Services Outreach and Referrals
4.1.1. Conduct outreach activities targeting high risk and underserved populations by developing written and
verbal presentations or utilizing available materials to inform potentially WIC eligible individuals of the
availability of the WIC Program and to explain the benefits of participation according to the outreach plan
proposal submitted and accepted with this Contract.
4.1.2. Establish community partnerships with, at a minimum, the mandatory referral agencies, local hospitals,
OB/GYN and pediatricians offices, and provide regular contacts according to the outreach and plan
proposal submitted and accepted with this Contract.
4.1.3. Establish community partnerships with community organizations such as food banks, community
organizations, human and social services, school districts, etc. according to the outreach and referral plan
proposal submitted and accepted with this Contract.
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4.1.4. Establish a referral system with breastfeeding/lactation specialists, including but not limited to,
International Board Certified Lactation Consultants (IBCLC), Certified Lactation Counselors (CLC),
Certified Breastfeeding Counselors (CBC), and Certified Lactation Educators (CLE) according to the
outreach and referral plan proposal submitted and accepted with this Contract.
4.2. Additional BFPC Outreach Tasks:
4.2.1. Develop and document an internal referral link between WIC Program and WIC Peer Counseling
Program when applicable. Interaction between WIC Program and WIC Peer Counseling Program shall
occur at least monthly and may be in the form of site visits from Peer Counselors, participation of Peer
Counselors in WIC clinic meetings, and/or additional training for WIC clinic staff and Peer Counselors.
4.3. Participant Records:
4.3.1. Follow and maintain documentation of participant centered certification and administrative procedures as
described in the WIC PPM, including but not limited to:
4.3.1.1. Eligibility and ineligibility determinations;
4.3.1.2. Nutrition assessments;
4.3.1.3. Nutrition and breastfeeding education and support;
4.3.1.4. Nutrition and breastfeeding counseling;
4.3.1.5. Encourage participants in setting behavioral goals;
4.3.1.6. Appropriate referrals;
4.3.1.7. Program abuse; and
4.3.1.8. Food benefit issuances.
4.3.2. Maintain inventory and accountability records, as set forth in the WIC PPM, of paper food instrument
stock, food instruments issued by the Contractor, eWIC cards, and eWIC cards issued by the Contractor.
4.3.3. Assure participant confidentiality by obtaining written permission from affected program participant(s) prior
to the release of participant information to any agency. The Contractor shall have a written agreement,
completed in accordance with 7 CFR (Code of Federal Regulations) 246.26 (h) (3), and the Arizona WIC
Policy and Procedure Manual, with any agency or program that will share participant information. The
above federal regulation details the implementation of a written agreement and state plan to regulate use
and disclosure of confidential applicant and participant information.
4.3.4. Staff shall only access the WIC Computer Data System and client files for business related reason(s).
4.3.5. Ensure paper files containing confidential participant information are stored in a secure location in the
clinic, archived when appropriate, and destroyed according to the retention schedule. All files should be
destroyed in an appropriate manner.
4.3.6. The Local Agency shall notify the State Agency immediately by telephone call and email upon the
discovery of a breach of a participant’s confidentiality.
4.3.7. The Local Agency shall immediately investigate such security incident, breach, or unauthorized use or
disclosure of participant information, including:
4.3.7.1. What data elements were involved and the extent of the data involved in the breach;
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4.3.7.2. A description of the unauthorized person(s) known or reasonably believed to have improperly
used or disclosed the protected information;
4.3.7.3. A description of where the protected information is believed to have been improperly transmitted,
sent, or utilized;
4.3.7.4. A description of the probable causes of the improper use or disclosure; and
4.3.7.5. Whether Arizona Revised Statutes (A.R.S) § 18-545 or any other federal or state laws requiring
individual notifications of breaches are triggered.
4.3.8. The Local Agency shall provide a written report of the investigation to the Chief of the Bureau of Nutrition
and Physical Activity (BNPA)/WIC Director and Program Integrity Manager within ten (10) working days of
the discovery of the breach or unauthorized use or disclosure. The report shall include the information
specified above, as well as a full, detailed corrective action plan, including information on measures that
were taken to halt and/or contain the improper use or disclosure.
4.3.9. The Local Agency shall notify individuals of the breach or unauthorized use or disclosure when
notification is required under state or federal law and shall pay any costs of such notifications, as well as
any costs associated with the breach. The BNPA Chief/WIC Director, Program Integrity Manager, and
Assistant Attorney General shall approve the time, manner and content of any such notifications. The
Local Agency will arrange and pay for any mitigation (e.g. LifeLock) for participants at risk for identity theft
because of breach of security of information.
4.4. Additional FMNP Participant Records Tasks:
4.4.1. Document nutrition education and distribution of FMNP benefits and submit reports to ADHS according to
the Arizona Farmers' Market Nutrition Program Policies and Procedures Manual.
4.5. Service Delivery and Program Rules
The Contractor shall:
4.5.1. Determine eligibility of persons requesting WIC services by screening individuals in accordance with
procedures set forth in the WIC PPM; Eligible program participants shall include the following categories
whose household income does not exceed 185% of the current designated federal poverty guidelines,
who have a nutritional risk as defined in the WIC PPM, and reside in Arizona as defined by the WIC PPM;
4.5.1.1. Pregnant women, breastfeeding women up to 12 months post-partum, and non-breastfeeding
women up to six (6) months following the end of a pregnancy;
4.5.1.2. Infants from birth to age one (1), and
4.5.1.3. Children from age one (1) year up to five (5) years of age.
4.5.2. Provide complete nutrition assessment and document results and follow-up in accordance with Value
Enhanced Nutrition Assessment (VENA) initiative as outlined in Chapter 2 and 7 of the Arizona WIC
Policy and Procedure Manual;
4.5.3. Provide participant-centered nutrition education to participants and appropriately utilize emotion-based
materials provided by the State;
4.5.4. Assist participants in setting goals for behavioral change and follow-up on goals set;
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4.5.5. Promote breastfeeding to WIC participants and provide breastfeeding education and support, and refer to
and promote the Breastfeeding Peer Counseling Program, when appropriate;
4.5.6. Prescribe and tailor a food package appropriate to the participant's nutritional risk(s), category, and
cultural preferences and issue food benefits as set forth in the WIC PPM;
4.5.7. Provide program participants with information about available health and social services to which the
participant could be referred. The participant shall be provided with written information regarding
community services and referrals in accordance with the WIC PPM and Local Agency referral procedures;
4.5.8. Coordinate WIC Services with other health and social services available within the service area, including
but not limited to immunizations, voter registration, and breastfeeding support;
4.5.9. Provide information, check for understanding, and document training to participants on program rules,
regulations, WIC approved foods, use of eWIC cards, food benefit use and redemption, and if applicable,
FMNP benefits. The training shall be documented in the participant's record as set forth in the WIC PPM
and/or AzFMNP Manual;
4.5.10. Additional BFPC Service Delivery tasks:
4.5.10.1. Accept referrals generated from calls to the ADHS Pregnancy and Breastfeeding Hotline into
the Peer Counseling Program;
4.5.10.2. Provide peer counseling services, when appropriate. Services shall be made available outside
of usual clinic hours and outside of the WIC clinic, but may also be available during usual clinic
hours and in the WIC clinic; and
4.5.10.3. Provide supervision, mentoring, monitoring, and evaluation of peer counselors, when
appropriate.
4.5.11. Additional FMNP Delivery tasks:
4.5.11.1. Identify eligible participants, offer FMNP benefits, and provide services to participants in
accordance with the Arizona Farmers' Market Nutrition Program Policies and Procedures
Manual;
4.5.11.2. Issue a unique series of ADHS-provided FMNP check numbers after participant has been
certified as an eligible WIC participant and has expressed a desire to participate in the
program, through the Arizona electronic participant record system;
4.5.11.3. Submit a written request to the ADHS FMNP Manager for authorization to utilize a Local
Agency WIC staff to train and certify local growers at no extra cost to ADHS. Grower training
shall be conducted only by ADHS authorized individuals. Each request to conduct training will
be granted on a case-by-case basis, and shall not be performed without receipt of prior written
approval from the ADHS FMNP Manager;
4.5.11.4. Distribute information to all participants regarding the authorized WIC vendors and the location
and hours of ADHS approved Arizona Farmers' Markets;
4.5.11.5. Distribute to participants a brief description of non-allowable and allowable items (Participant
Guide and other information provided by ADHS) and the time period for redeeming FMNP
benefits;
4.5.11.6. Notify ADHS within five (5) working days of receipt of any notification of change to the date,
time or location of an individual Farmers' Market; and
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4.5.11.7. If funding for additional FMNP benefits becomes available and the contract budget (as shown
on the Contract Price Sheet) has been fully expended, the Contractor may choose whether or
not to distribute the additional checks with no increase in the Contract budget.
4.6. Participant-Centered Nutrition Education
The Contractor shall:
4.6.1. Prepare and submit a two (2) year Nutrition Services and Training Plan for participants to include, but not
be limited to:
4.6.1.1. Adoption and Implementation of ADHS goals for nutrition services. In addition, Local Agencies
will identify their own goals for nutrition services in this plan; and
4.6.1.2. Adoption and implementation of the State objectives for staff training and client interventions
related to the goals for nutrition services. In addition, Local Agencies are required to provide at
least one additional objective for each goal.
4.6.2. Provide and document participant-centered nutrition education to all WIC adult participants, and to
parents or caretakers of participants according to the guidelines of the State Nutrition Services Plans. A
minimum of two (2) nutrition education contacts in each six (6) month certification period shall be made
and documented in the participant's record. Breastfeeding women, children, infants and migrants from
any eligibility category are certified for one (1) year and will receive one (1) nutrition education contact for
each three (3) month period. Pregnant women certified through six (6) weeks postpartum will receive one
(1) nutrition education contact for each three (3) month period.
4.6.3. Provide and document professional supervision, mentoring and monitoring of staff at the clinic level on a
regular basis, in accordance with Local Agency Self-Assessment requirements and as often as
necessary, to ensure competence.
4.6.4. Offer, as often as necessary, high- and medium-risk nutrition education/counseling by an RD to all
participants deemed high-risk upon assessment. As defined in the WIC PPM Local Agencies may
designate a Bachelor's degree nutritionist or Dietetic Technician Registered to provide medium-risk
counseling to participants under the supervision of the RD.
4.6.5. Expend for nutrition education activities an aggregate amount that is not less than the sum of one-sixth
(1/6) of the amount the Contractor receives for provision of WIC services each contract year. If the one-
sixth (1/6) amount is not expended for nutrition education activities, ADHS may request the Contractor to
return an amount equal to the difference between the one-sixth (1/6) requirement and the actual amount
expended IF ADHS must pay a penalty to the Federal Government. Costs that can be applied to meet the
one-sixth (1/6) requirement for nutrition education include:
4.6.5.1. Salary and other costs for time spent on nutrition education, whether with an individual or
group;
4.6.5.2. The cost of procuring and producing nutrition education materials;
4.6.5.3. The cost of training nutrition educators, including costs related to conducting training sessions
and purchasing and producing training materials;
4.6.5.4. The cost of conducting participant evaluations of nutrition education;
4.6.5.5. The salary and other costs incurred in developing the nutrition education plan; and
4.6.5.6. Other ADHS-approved costs.
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4.6.6. Coordinate nutrition education activities and messages. Wherever possible, the Contractor shall utilize
USDA and/or AZ Health Zone materials and messages to ensure common nutrition messages.
4.6.7. The Local Agency will provide documentation that a minimum of 4% of their annual WIC expenditures
have been used to support breastfeeding promotion and education. If the 4% is not expended for
breastfeeding promotion and education activities, ADHS may request the Contractor to return an equal to
the difference between the 4% and the actual amount expended IF ADHS must pay a penalty to the
Federal Government.
4.7. Staffing
The Contractor shall:
4.7.1. Designate a WIC Program Director/Manager who is an RD, with previous WIC and/or community health
experience to manage and administer the WIC Program and may provide high-risk nutrition counseling
and/or formula authorization to WIC participants. If an RD is on staff to provide the WIC RD services and
with prior approval from ADHS, the Contractor shall designate a Director with a minimum of an
undergraduate degree from an accredited institution in nutrition (community nutrition, public health
nutrition, nutrition education, human nutrition or nutrition science) or a related field such as home
economics or biochemistry with an emphasis in nutritional science or public health administration.
4.7.2. Identify an RD to serve as the Local Agency Nutrition Coordinator as defined in the WIC PPM. The
Nutrition Coordinator will oversee all WIC nutrition services for the Local Agency. If a Local Agency has
barriers to this staffing standard, they must be submitted in writing to ADHS with their plan for
coordination of nutrition services within the Local Agency to be approved by ADHS.
4.7.3. Provide an appropriate number of RDs to perform high-risk and medium-risk counseling, formula
authorization, and as necessary, certification of participants. The Contractor shall provide the RD services
in a number proportional to the agency's high-risk caseload in accordance with the WIC PPM, The
Contractor may hire nutrition degree graduates or Registered Dietetic Technicians, to do medium-risk
counseling, formula authorization, and as necessary participant certification under the direction of an RD.
If a Local Agency has a barrier to having an RD on staff, the agency must submit in writing to ADHS with
their plan for providing high risk nutrition counseling to participants.
4.7.4. Provide staff to conduct outreach activities targeting high risk and underserved populations, including but
not limited to homeless and migrants, by developing written and verbal presentations or utilizing available
materials to inform the potentially eligible individuals of the availability of WIC Program and explain the
benefits of participation
4.7.5. When applicable and necessary, provide an appropriate number of adequately trained certification
specialists to provide categorical and financial eligibility screening, pre-certification and record required
documentation, in accordance with the WIC PPM, as well as administrative support services when
necessary. Such individuals shall have the minimum of a high school degree or equivalent and must
complete the state training requirements and be certified by the Contractor as competent according to the
competencies for the position. Previous nutrition or health related job experience is desirable. These
individuals shall meet individual ADHS competencies as set forth in the WIC PPM prior to providing each
service such as certifying applicants for participation and/or providing health assessments in the Arizona
WIC Program Staff should be observed and certified by the supervising authority to be competent in an
activity before being allowed to perform on their own without supervision.
4.7.6. Provide an appropriate number of adequately trained nutrition education specialists to provide certification
and nutrition education services to participants in accordance with the WIC PPM. Such individuals will
have the minimum of a high school diploma with nutrition experience, education, and training that have
been certified by local or state agencies to be competent for the position. An Associate or Bachelor's
degree is highly preferred. These individuals shall meet the ADHS competencies for Nutrition Education
Specialists as set forth in the WIC PPM prior to certifying applicants for participation and/or providing
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nutrition education in the Arizona WIC Program. Staff should be observed and certified by the supervising
authority to be competent in an activity before being allowed to perform on their own without supervision.
4.7.7. Identify an International Board Certified Lactation Consultant (IBCLC) to serve as the local agency
Breastfeeding Coordinator as defined in the WIC PPM. The Breastfeeding Coordinator will oversee all
WIC breastfeeding services for the local agency to ensure all participants have access to breastfeeding
promotion and support services. If a local agency has barriers to this staffing standard, they must be
submitted in writing to ADHS with their plan for coordination of breastfeeding services within the local
agency to be approved by ADHS.
4.7.8. All Local Agencies will identify a Training Coordinator as defined in the WIC PPM. The Training
Coordinator will oversee and facilitate both new employee and ongoing WIC training for the Local Agency
including certifying that staff has met competencies prior to providing services without supervision. If a
Local Agency has barriers to this staffing standard, they must submit in writing to ADHS their plan for
coordination of training services within the Local Agency to be approved by ADHS.
4.7.9. When applicable and necessary, provide WIC Clerks to perform administrative support within WIC clinics
at the option of the Contractor. Such individuals shall have the minimum of a high school degree or
equivalent. They must meet WIC Program competencies. Previous clerical or work experience is
desirable.
4.7.10. Maintain a record of training provided, monitoring, and observation results of staff competencies in each
staff file and/or the state Learning Management System (LMS)
4.8. Additional BFPC Service Staffing
4.8.1. Employ a BFPC Program Manager to plan, direct and coordinate general operation of Peer Counseling
Program. Ideal candidate will be an International Board Certified Lactation Consultant (IBCLC), have WIC
experience, and be familiar with community resources.
4.8.2. Develop a support referral system for peer counselors with community Lactation Consultants, including
IBCLCs, if the BFPC Program Manager is not an IBCLC or is unable to fulfill consultation duties for any
reason.
4.8.3. Employ Breastfeeding Peer Counselors to provide services. Qualifications for peer counselors shall be
previous personal experience with breastfeeding, enthusiasm for helping others to succeed at
breastfeeding, and similarities with the WIC population the program serves (including similar age, ethnic
background, and language spoken). Exemptions to the peer counselor qualifications must be approved
by ADHS before hire. When possible, peer counselors should be current or previous WIC participants
4.9. Staff Training
The Contractor shall:
4.9.1. Train new staff as outlined in the ADHS developed new employee training plan.
4.9.2. Register and ensure all WIC staff complete all ADHS required WIC on-line courses according to the time
requirements set forth by the State through ADHS Learning Management System (LMS) at az.train.org,
or state-assigned LMS System in accordance with the ADHS WIC PPM.
4.9.3. In addition to state requirements for competency trainings, Local Agencies must implement and adopt the
state training standards as reflected in the Nutrition Education Plan and the ADHS WIC PPM. In addition,
Local Agencies must participate in any mandatory training provided by ADHS due to changes in policy,
procedures, and / or federal regulations.
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4.9.4. Provide training for all new staff members regarding Civil Rights, Americans with Disabilities Act (ADA),
and Voter Registration during their orientation and, annually, provide all staff with training on Civil Rights,
ADA, and Voter Registration issues by completing the ADHS LMS courses on Civil Rights and Voter
Registration or other courses or trainings that will be required by ADHS.
4.9.5. Provide one (1) representative for a maximum of six (6) mandatory, face-to-face, two (2) day meetings or
trainings sessions in Phoenix, as scheduled by ADHS on a yearly basis. These meetings will be
opportunities for the Local Agency to discuss issues with regards to WIC policies and procedures, federal
rules and regulations, and nutrition standards.
4.9.6. Provide one (1) representative for a maximum of 12 GoToMeeting teleconference meetings to receive
information updates on WIC operations, policies and procedures, and other relevant materials being held
in lieu of face to face meetings.
4.9.7. Provide one (1) representative to attend a two (2) day trainer conference in Phoenix during each fiscal
year for skill and knowledge building.
4.10. Additional BFPC Staff Training:
4.10.1. Send the WIC Director or designee and the Breastfeeding Peer Counselor Program Manager to a two (2)
day training at the ADHS office in Phoenix during each Peer Counseling Program contract term.
4.10.2. Provide training of Breastfeeding Peer Counselors using the Loving Support through Peer Counseling
Curriculum within one (1) month of employment.
4.10.3. Provide continual education and adequate resources to peer counselors. Continual education shall
include basic and continuing breastfeeding training, and may include opportunities to shadow lactation
consultants, opportunities to meet with other peer counselors, and related training such as counseling
skills, adult learning styles, and others.
4.10.4. Provide all WIC clinic staff the PowerPoint presentation "Peer Counseling: Making a Difference for W IC
Families" through the Loving Support curriculum at least once during each Peer Counseling Program
contract term.
4.11. Data Collection
The Contractor shall:
4.11.1. Utilize the hardware, software, and training provided by the Arizona WIC Program to operate the
Contractor's portion of the WIC Computer Data System.
4.11.2. Complete all data elements required on the WIC Computer Data System as outlined in the WIC PPM.
4.11.3. WIC Computer Data System users are required to maintain integrity by keeping their username and
password secure. Users shall not share their login information with others.
4.11.4. When applicable and necessary to fulfill WIC business functions, local WIC IT shall coordinate with ADHS
WIC IT to ensure immediate restoration of technical equipment (i.e. ADHS owned equipment) to include
but not limited to providing a temporary administrative account.
4.12. Administrative Services
The Contractor shall:
4.12.1. In addition to complying with the Guidance for Federal Grant Award Management (Blue Book), State of
Arizona Accounting Manual (SAAM) for Contractors of ADHS Funded programs, AND Chapter 12 and 13
of the Policy and Procedure Manual (PPM):
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4.12.1.1. Maintain a formal inventory listing or subsidiary record of all equipment owned by the
Contractor in an organized manner as a part of the official accounting system. Ensure the non-
capital and capital equipment listing includes the following: Tag or ID number, Description,
Purchase cost or fair market value on date of donation, Purchase or donation date, Location,
Disposal Date, Funding Source, Serial Number, Manufacturer, Model Number, RAM size (if
applicable), Specifications (if applicable), and Receipt/Invoice (proof of purchase).
4.12.1.2. Provide maintenance and upkeep for all equipment purchased with WIC funds. Maintenance
may be provided through the Contractor's own organization or the Contractor may participate
in State maintenance contracts where available.
4.12.1.3. Obtain written permission from ADHS prior to expending WIC funds to purchase equipment
with a value of five thousand dollars ($5,000) or more.
4.12.1.4. Obtain written permission from ADHS prior to expending WIC funds for the purchase of any
asset resource related item: hardware (e.g. computers, printers) or software, regardless of
cost as well as their transfer or disposal;
4.12.1.4.1. Once the asset resource related item is purchased ADHS must be provided the
information listed in 8.1.1 within 10 business days of the item being received
4.12.1.4.2. Transfer and disposals must follow the procedures outlined in the PPM.
4.12.1.4.3. Destroyed/Missing/Stolen asset resources must be reported upon discovery no
later than 10 business days from the time of incident.
4.12.1.5. Submit to ADHS for approval in writing any policy or procedure that deviates from those set
forth in the Arizona WIC PPM.
4.12.1.6. Update the Local Agency information on a timely basis on the WIC Clinic Search
administrative website including but not limited to names of CEO/Health Officer, WIC Director,
Clinic Supervisors, Nutrition Coordinator, Breastfeeding Coordinator, Training Coordinator,
FMNP Coordinator, IT lead(s), clinic names, addresses, phone numbers, days and hours of
operations, closure days, and other pertinent information for the public to know.
4.12.1.7. Provide at least 10 weeks written notice when planning on opening, moving, or suspending
WIC services at any location.
4.12.1.8. Read, timely, all ADHS provided documents and provide requested response, if applicable.
4.12.1.9. The Local Agency Director shall ensure the State Agency has their most recent contact
information in an effort to maintain current and accurate information in the Arizona Health Alert
Network (AzHAN) account.
4.12.1.10. Maintain records of WIC services in WIC Computer Data System, if applicable, according to
the WIC PPM, including but not limited to:
4.12.1.10.1. Signed consent for anemia screening and anthropometrics;
4.12.1.10.2. Signed Rights and Obligations for enrolled participant files (active and inactive);
4.12.1.10.3. Eligible participant files (active and inactive);
4.12.1.10.4. Ineligible applicant signatures;
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4.12.1.10.5. Monthly Participation Reports by Category and Ethnicity;
4.12.1.10.6. Outreach files;
4.12.1.10.7. Medical documentation;
4.12.1.10.8. Staff files: Trainings attended, skill observations, and annual evaluations;
4.12.1.10.9. Documentation of dual participation actions;
4.12.1.10.10. Waiting lists (when applicable);
4.12.1.10.11. Reconciliation of eWIC cards;
4.12.1.10.12. Civil rights file to include documentation and resolution of all civil rights
complaints;
4.12.1.10.13. Documentation of annual civil rights and voter registration training of all
employees; and
4.12.1.10.14. Documentation of WIC Confidentiality and Conflict of Interest forms.
4.12.1.11. Correct and resolve inappropriate or missing participant information, improbable assessment
values, duplicate participation, and other quality assurance WIC Computer Data System
issues identified in the report provided to the Contractor by ADHS within the timeframes
specified in the WIC PPM.
4.12.1.12. Correct any regulatory deficiency or discrepancy noted during any of the three program
Management Evaluations, Audits, Local Agency Compliance Investigations or Program
Financial Reviews within sixty (60) calendar days of the date of the audit report unless an
extension date is granted by the auditing/reviewing agency and documented.
4.12.1.13. Prepare and submit individual electronic copies of the Contractor's Expenditure Reports (CER)
for each contracted program according to the instructions and requirements of the WIC PPM.
4.12.1.14. Local agencies not meeting their monthly participation level as outlined in Section H of this
document shall prepare and submit monthly status reports of caseload countermeasures
taken.
4.12.1.15. Prepare and submit Final Closeout CER invoice for each contracted program reflecting the
cumulative expenditures for a contract year.
4.12.1.16. Prepare and submit WIC Local Agency Quarterly Cost Summary Reports that matches the
amount of each quarter’s expenditures including the Final Closeout CER invoice respectively
in accordance with the requirements in the WIC PPM.
4.12.1.17. Prepare and submit an annual evaluation on the annual Contractor's Outreach Plan and a
progress report on activities accomplished during the year.
4.12.1.18. Prepare and submit an annual evaluation on the Two (2) Year Nutrition Services and Training
Plan and a progress report on activities accomplished during the year.
4.12.1.19. Prepare and submit an annual Amendment Application in accordance with the individual
program requirements that will include budget breakdown of line items and budget
justifications of any budget changes.
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4.12.1.20. Prepare and submit a Local Agency Annual Summary of the Local Agency self-assessment(s).
Local Agency self-assessments must be done annually in the year that the Local Agency has
a Management Evaluation, and semi-annually in the year that they do not have a Management
Evaluation.
4.12.1.21. Prepare and submit all required plans, reports, and documents in accordance with the
requirements in the WIC PPM.
4.13. Additional Peer Counseling Administrative Services:
4.13.1. Prepare and submit a Quarterly Report for the Peer Counseling services in the format provided by ADHS.
4.13.2. Present program logistics, highlights, and data at a Nutrition Programs meeting at a time and location to
be determined by ADHS.
4.14. Additional FMNP Administrative Services:
4.14.1. Assume liability for the distribution and reconciliation of all FMNP checks, and assume financial liability for
any checks that cannot be accounted for and reconciled.
5. Deliverables
If applicable, any work plan or other documentation submitted to and accepted by ADHS regarding participation in
WIC, BFPC or FMNP shall be incorporated into this Agreement. Furthermore, any policy or procedure that deviates
from those set forth in the Arizona WIC Program and / or Arizona Farmers' Market Nutrition Program Policies and
Procedures Manuals requires approval from ADHS prior to implementation.
The Contractor shall submit to ADHS:
5.1. Updated copies of Local Agency Policies and Procedures that will include coordination and referral procedures
with internal and external programs and agencies, i.e. WIC and Peer Counseling;
5.2. Prepare and submit individual electronic CER copies invoice for each program, not later than thirty (30) days
following the end of each report month of the program year;
5.3. WIC Local Agency Quarterly Cost Summary matching the WIC Contractor's Quarterly CER not later than thirty
(30) days following the end of each quarter report of the program year
5.4. Final CER invoice for each program not later than forty-five (45) days following the end of each Contract year;
5.5. WIC Local Agency 4th Quarterly Final Cost Summary matching the WIC Contractor's Final CER, not later than
forty-five (45) days following the end of each Contract year;
5.6. Each Contracted Program's amendment application by the specified deadline for the following contract year
which contains the following information:
5.6.1. Request for Caseload to be served;
5.6.2. Request for budget and budget justification;
5.6.3. Updated Participant Nutrition Services and Training Plan for the following contract year and a evaluation
of the previous year's activities;
5.6.4. Updated Outreach Plan of each contract year and a progress report of previous year’s activities; and
5.6.5. Any additional services and other documents specified.
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5.7. All required responses to federal and state audits and reviews submitted in a timely manner
5.8. Additional Peer Counseling Deliverables:
5.8.1. Quarterly reports for the Peer Counseling Program to be submitted 15 days after each quarter of the Contract
year.
6. Performance Standards And Awards
6.1. Upon Contract finalization, ADHS shall notify the Contractor by certified mail of the assigned caseload, and
throughout the term of the Contract, of any changes to the assigned caseload. The Contractor shall maintain an
average monthly participation level in accordance with the following table:
Caseload Assignment % Maintained
<10,000 participants/month 97%
10,000 to <49,999 participants/month 98%
>50,000 participants/month 99%
6.2. If, after each quarter of the Federal Fiscal Year (October through September), the Contractor has not attained
the required participation level, ADHS will have the option of reducing the assigned caseload and resources to
the Contractor's current service level. ADHS may also then move the unused caseload and corresponding
resources to other WIC Local Agencies in order to fully utilize the resources.
6.3. Local Agencies shall be eligible for one (1) or more of the following awards:
6.3.1. Any local agency which meets 100% or more of its caseload assignment for three (3) consecutive months
during the previous 12 month period (April 1 through March 31) may receive an award of $10,000 added to
that agency's following fiscal year WIC funding formula award if the Contract is extended and additional
expenditures can be identified;
6.3.2. Utilizing the “Nutrition Discussion Contact” report ran for the last 6 months preceding time of application
(September through February), any Local Agency meeting 95% of its nutrition education documentation
requirement for each participation time period may receive an award of $10,000 added to that agency's
following fiscal year WIC funding formula award if the Contract is extended and additional expenditures
can be identified;
6.3.3. The agency with the highest percentage of IENs in the first quarter (Oct 1 through Dec 31) of each fiscal
year within their Assigned Caseload Cohort may be eligible to receive an award added to the following
fiscal year WIC funding formula award if the Contract is extended and additional expenditures can be
identified. Assigned Caseload Cohorts and award amounts will be determined as follows:
Assigned Caseload Cohort Award Amount
Less than 2000 $5,000
2000 - 8000 $10,000
More than 8000 $15,000
6.3.4. Pursuant to 7 CFR 246. 14, which allows the WIC program to fund nutrition services and administrative
expenses, the Performance Awards may be part of the annual funding formula and awarded to the
Contractor in the next contract year; and
6.3.5. USDA has the option to award breastfeeding performance awards to State Agencies who exceed the
national average. If funds are awarded to Arizona, each Local Agency program will receive a proration of
the amount based upon the number of exclusively nursing women in their Local Agency. It will be a set
amount, and may only be used for purposes outlined in the current federal guidelines.
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7. State Provided Items
ADHS shall provide the following:
7.1. Paper copies of the Arizona WIC Program and the Arizona FMNP Policies and Procedures Manual, upon
request.
7.2. Hardware and software necessary for operation of the WIC Computer Database System.
7.3. Learning Management courses for software training and nutrition education courses for staff to complete and/or
pass.
7.4. FMNP Food Instrument stock and blank eWIC Cards.
7.5. Method for submitting expenditures. The ADHS WIC Program Manager or designee will accept and approve the
expenditures prior to payment.
7.6. Nutrition Education Materials for participants.
7.7. Quarterly Report template (electronic) for Peer Counseling Program.
7.8. Technical assistance and support.
7.9. Breastfeeding material lending and library for Peer Counselor use.
7.10. Assistance with International Board Certified Lactation Consultant (IBCLC) career track or advanced lactation
consultant education, when appropriate.
7.11. Loving Support through Peer Counseling curriculum, which includes the PowerPoint presentation "Peer
Counseling: Making a Difference for WIC Families," when appropriate.
7.12. FMNP Participant Guides.
7.13. Online, downloadable information regarding the location and hours of approved Arizona Farmers' Markets.
7.14. Monitoring of WIC Authorized Vendors and Farmers' Markets for compliance with regulations, and coordination with
tribal and county officials when doing compliance buys for markets on a reservation.
7.15. Periodic redemption reports for issued benefits.
7.16. Formats for required reports.
8. Reference Documents
8.1. Arizona WIC Program Policies and Procedures Manual, refer to:
http://azdhs.gov/azwic/local_agencies_policyManual.htm
8.2. Arizona FMNP Manual, refer to:
http://azdhs.gov/documents/prevention/azwic/fmnp/fmnp-local-agency-manual.pdf
8.3. Guidance for Federal Grant Award Management (Blue Book):
https://www.azdhs.gov/documents/prevention/womens-childrens-health/childrens-health/homevisiting/guidance- for-
federal-grant-award-management.pdf
8.4. State of Arizona Accounting Manual (SAAM): https://gao.az.gov/publications/SAAM/
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8.5. Federal Regulations: Refer to:
https://www.ecfr.gov/cgi-bin/text-idx?SID=a42889f84f99d56ec18d77c9b463c613&node=7:4.1.1.1.10&rgn=div5
8.6. 7 CFR 246.14: program costs
8.7. 7 CFR 246.26 (h)(2): notice to applicants and participants about the use and disclosure of confidential applicant
and participant information
8.8. 7 CFR 246.26 (h)(3): implementation of a written agreement and state plan to regulate use and disclosure of
confidential applicant and participant information
9. Notices, Correspondence, and Reports
9.1. Notices, correspondence, reports and invoices/CERs from the contractor to ADHS shall be sent to:
Arizona Department of Health Services
150 N. 18th Avenue, Suite 310
Phoenix, Arizona 85007
Attention: WIC Program Manager
9.2. Notices, correspondence, and reports (and payments if sent to same address) from ADHS to the contractor shall
be sent to:
Contractor:
Attention:
Address:
Address:
City, State, ZIP:
Phone:
Fax:
Email:
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CONTRACT NUMBER INTERGOVERNMENTAL AGREEMENT
ADHS19-207429 PRICE SHEET
Effective October 1, 2018 to September 30, 2019
WIC Services
Cost Reimbursement Line Item Budget
Account Classification Amount
Personnel $3,829,975.00
Employee Related Expenses $1,927,566.00
Professional & Outside Services $67,460.00
Travel Expense $25,354.00
Occupancy Expenses $359,897.00
Other Operating Expenses $57,000.00
Capital Expenditures $1.00
Indirect Cost $1,184,511.00
RD Supplement $1,038,016.00
Total $8,489,780.00
Breastfeeding Peer Counseling Services
Cost Reimbursement Line Item Budget
Account Classification Amount
Personnel $264,405.00
Employee Related Expenses $140,347.00
Professional & Outside Services $1.00
Travel Expense $1.00
Occupancy Expenses $1.00
Other Operating Expenses $3,746.00
Capital Expenditures $0.00
Indirect Costs $76,499.00
Total $485,000.00
Farmer’s Market Nutrition Program Services
March 1, 2019 to September 30, 2019
Type of Service Unit Rate Unit of Measure Estimated Number of
Participants
WIC FMNP Check Issuance $1.75 WIC Participant AS NEEDED
WIC SPECIAL PROJECTS
Cost Reimbursement Line Item Budget
Account Classification Amount
Personnel $48,204.00
Employee Related Expenses $21,232.00
Professional & Outside Services $0.00
Travel Expense $0.00
Occupancy Expenses $109,980.00
Other Operating Expenses $996.00
Capital Expenditures $0.00
Registered Dietitian $26,880.00
Indirect Costs $33,458.00
Total $240,750.00
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Additional Terms and Conditions:
With prior written approval from the Program Manager, the Contractor is authorized to transfer up to a maximum of ten
percent (10%) of the total budget amount between funded line items except for Registered Dietitian Expenses. Transfers
of funds are only allowed between funded line items. Transfers exceeding ten percent (10%) or to a non-funded line item
shall require an amendment. The Registered Dietitian line item is meant to fund additional Registered Dietitian position(s)
to meet high risk counseling requirements.
Authorization for purchase of services under this Contract shall be made only upon ADHS issuance of a Purchase Order
that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of
funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order.
ADHS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order.
No further obligation for payment shall exist on behalf of ADHS unless a.) the Purchase Order is modified with an official
ADHS Procurement Change Order, and/or b.) an additional Purchase Order is issued for purchase of services under this
Contract.
ADHS reserves the right to adjust awards given to local agencies depending on federal dollars received. Adjustments will
be at the discretion of ADHS.
Additional WIC Program:
Should additional administrative monies become available through state or federal grants, ADHS may increase the
purchase order to increase the number of participants served and increase the total of this contract.
The assigned caseload for FFY 2019 is: 53,200.
Additional Breastfeeding Peer Counseling Program:
Allowable costs for the Peer Counseling Program include compensation for peer counselors and designated peer
counselor managers/coordinators, and related costs such as training and training materials; telephone expenses for
participant contacts (including pager, cell phones and answering machines); travel for training and home and hospital
visits; recruitment of peer counseling staff; and the purchase of demonstration materials (e.g., breast pumps for
demonstration purposes, videos). Out of state travel must be pre-approved by ADHS. Items and materials for distribution
to WIC participants (e.g. breast pumps, breastfeeding aids) are not allowable costs.
Farmer’s Market Nutrition Program:
If funding for additional FMNP checks becomes available and the contract budget (as shown on the Contract Price Sheet)
has been fully expended, Contractor may choose whether or not to distribute the additional checks with no increase in the
contract budget.
WIC Special Projects
Monies are provided for WIC Special Projects that will include the following:
a. Cover occupancy, security, and cleaning services costs for an ADHS WIC computer lab training room housing up to
40 computers at 2737 W Southern Ave, Suite 10, Tempe, AZ 85282. The WIC computer lab training room will be
for the priority use of the Arizona State WIC Program and be made available to other Arizona WIC local agencies.
ADHS Information Technology staff will be responsible for installation and maintenance of computer and
networking hardware and software. The training room computers will not be connected to the Maricopa internal
network, but the training room will share the same internet line as the adjacent WIC clinic. ($14,867.00)
b. Cover the occupancy, security, cleaning, utilities, and copier lease costs for the Thunderbird WIC clinic to keep it
open for one year to allow time for the Maricopa County WIC Program find alternative affordable places for WIC
participants in that area to obtain services. In addition, the site supervisor salary and ERE will also be covered for a
period of one year. ($186,559.00)
c. Additional monies have been added to the Registered Dietitian (RD) line item for Maricopa County WIC Program to
provide RD services to Apache County and Navajo County WIC Programs as agreed upon in the Memorandum of
Understanding among the three agencies.
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