IGA RE WIC AND BREASTFEEDING PEER SVCS WITH ADHS.PDF

ARIZONA DEPARTMENT OF
HEALTH SERVICES
INTERGOVERNMENTAL AGREEMENT(IGA) 1740 West Adams, Room 303
Phoenix, Arizona85007
(602) 542-1040
Contract No. ADHS14-053007 (602) 542-1741 FAX
Project Title: WIC, BFPC, FMNP Services Begin Date: October 1, 2013
Geographic Service Area: Maricopa County Termination Date: September 30, 2018
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:
Counties: A.R.S. §§ 11-201, 11-951, 11-952 and 36-182.
|__| Indian Tribes: A.R.S. §§ 41-951, 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 ll, §§ 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.
FOR CLARIFICATION, CONTACT:
Arizona Transaction (Sales) Privilege:
Name:
Federal Employer identification No.:
Phone:
Tax License No.:
FAX No:
Contractor Name:
Maricopa County Department of Public Health
Address:
4041 North Centrai Avenue, Suite 1400
Phoenix, Arizona 85012
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. ADHS14-053007 The Contractor
is hereby cautioned not to commence any billable work or provide
any materiai, service or construction. under this Contract until
Contractor receives a fully executed copy of the Contract.
Signature of Person Authorized to Sign Date State of Arizona
Signed this day of , 2043
Print Name and Titie
Procurement Officer
CONTRACTOR ATTORNEY SIGNATURE: RESERVED FOR USE BY THE SECRETARY OF STATE
Pursuant to A.R.S. § 11-952, the undersigned Contractor's
Attorney has determined that this Intergovernmental Agreement is
in proper form and is within the powers and authority granted Under House Bill 2011, A.R.S. § 11-952was
under the laws of Arizona.
amended to remove the requirement that
Intergovernmental Agreements be filed with the
Signature of Person Authorized to Sign Date
Secretary of State.
Print Name and Title
Attorney General Contract, No.P0012012000033, which is an
Agreement between public agencies, has been reviewed pursuant
to A.R.S. § 11-952 by the undersigned Assistant Attorney
General, who has determined that it is in the proper form and is
within the powers granted under the laws of the State of Arizona
to those parties to the Agreement represented by the Attorney
General.
The Attorney General, BY:
Signature Date
Assistant Attorney General:

Contract Number INTERGOVERNMENTAL AGREEMENT
ADHS14-053007 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.
4.5 “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 reasonabie, allowable and allocable in accordance with the contract terms and approved by
ADHS.
1.9 “Days” means catendar 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.
“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.
“Materials” unless otherwise stated herein, means all property, including but not limited to
equipments, supplies, printing, insurance and leases of property.
“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.
“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.
“Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor.
“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.
“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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ADHS14-053007 TERMS AND CONDITIONS
2. Contract Type.
This Contract shall be: (check one)
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 iaw 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;
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.
42 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 shail 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.
4.3 New Budget Term. Ifa budget term has been compieted 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
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ADHS14-053007 TERMS AND CONDITIONS
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 alll
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 shail 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.
48 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 shail 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 ail 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,
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
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ADHS14-053007 TERMS AND CONDITIONS
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 shail 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 instrumentaiities, 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 Inteilectual 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.
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.

Contract Number INTERGOVERNMENTAL AGREEMENT
ADHS14-053007 TERMS AND CONDITIONS
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 shail 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. |n 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 shali 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
fo be reasonable, allowable and allocable as outlined in the Accounting and Auditing Procedures Manual
for the ADHS.
5.4 Applicable Taxes.
5.4.1. State and Loca! 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 shail pay all federal, state and local
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Contract Number INTERGOVERNMENTAL AGREEMENT
ADHS14-053007 TERMS AND CONDITIONS
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 focal jaws and
regulations and any other costs, including transaction privilege taxes, unemployment compensation
insurance, Social Security and Worker's Compensation.
5.4.3 LRS. 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 ail 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.
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
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{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 Indemnification - Patent and Copyright. To the extent permitted by A.R.S. § 41-621 and A.R.S. § 35-154,
the Contractor shall indemnify and hold harmless the State against any liability, including costs and
expenses, for infringement of any patent, trademark or copyright arising out of performance of the Contract
or use by the State of materials furnished by or work performed under this Contract. The State shall
reasonably notify the Contractor of any claim for which it may be liable under this paragraph.
74 Force Majeure.
7.4.1 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 refusais 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.
7.4.2 Exclusions. Force Majeure shall not include the following occurrences:
7.4.2.1 Late delivery of Materials caused by congestion at a manufacturer’s pliant or elsewhere, or
an oversold condition of the market;
7.4.2.2 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
7.4.2.3 Inability of either the Contractor or any subcontractor to acquire or maintain any required
insurance, bonds, licenses or permits.
7.4.3 Notice. lf 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 shail notify the other party in writing
when it has done so, The time of completion shail 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.
7.44 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.
7.5 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.
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
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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 Ofa 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 Materiais 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 shail 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 shail 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 ali 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.
The order shail 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 allocabie to the work covered by the order during the
period of work stoppage.
9.2.2 Cancellation or Expiration. \f a stop work order issued under this clause is canceled or the period
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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 if, 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.
10.4 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 shail 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 shail
indemnify the State for any sanctions imposed by the funding source as a result of the
Contractor's failure to complete the Contract.
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
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Contract Number INTERGOVERNMENTAL AGREEMENT
ADHS14-053007 TERMS AND CONDITIONS
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 deliverabies
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 pari, 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.
42. Communication.
12.1 Program Report. When reports are required by the Contract, the Contractor shall provide them in the
format approved by ADHS.
42.2 Information and Coordination. The State will provide information to the Contractor pertaining to activities
that affect the Contractors 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.
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.
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15. Fingerprint and Certification Requirements/Juvenile Services.
15.1 Paid and Unpaid Personnel. Pursuant to A.R.S. § 36-425.03, the Contractor shail ensure that all paid and
unpaid personnel who are required or are allowed to provide Services directly to juveniles have obtained
fingerprint clearance cards in accordance with A.R.S. § 41-1758 et. seq.
15.2 Costs. The Contractor shall assume the costs of fingerprint certifications and may charge these costs to its
fingerprinted personnel.
16. 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.
17. Survivai 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.
18. Health Insurance Portability and Accountability Act of 1996 (HIPAA).
18.1. 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 Strategic Enterprise
Technology (ASET), Statewide Information Security and Privacy Office (SISPO) Chief Privacy 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.
18.2 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
ASET/SISPO Chief Privacy Officer and HIPAA Coordinator.
49. 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, 1740 West Adams, Suite 303, Phoenix, Arizona, 85007.
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1. Background
1.14. 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.
1.1.1. WIC Nutrition Services
1.1.1.1 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 instruments/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 (5) years of age), a household
income at or below 185% of federal poverty guidelines, residence within the service
area, and nutrition risks.
1.1.1.2 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.
1.1.1.2.1 Specific objectives for nutrition services (based on Healthy People 2020
goals) are:
1.1.1.2.1.1 To increase the incidence of breastfeeding to eighty-two
percent (82%) of women initiating breastfeeding;
1.1.1.2.1.2 To increase the duration of breastfeeding to sixty-one
percent (61%) of women breastfeeding for the first six (6)
months of their baby’s life;
1.1.1.2.1.3 To increase the duration of breastfeeding to thirty-four
percent (34%) of women breastfeeding for the first (1°) year
of their baby’s life;
1.1.1.2.1.4 To increase the rate infants are exclusively breastfed to
forty-four percent (44%) at three (3) months and twenty-four
percent (24%) at six (6) months;
1.1.1.2.1.5 To reduce the proportion of adults who are considered
obese to thirty-one percent (31%):
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Contract Number INTERGOVERNMENTAL AGREEMENT
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1.1.1.2.1.6 To reduce the proportion of children ages two through five
(2-5) who are considered obese to ten percent (10%):
1.1.1.2.1.7 To increase the consumption and variety of fruits and
vegetables by those two (2) and older;
1.1.1.2.1.8 To increase the consumption of whole grains by those two
(2) and older; and
1.1.1.2.1.9 To increase the proportion of children ages zero through two
(0-2) who view no television or videos on an average day to
forty-five (45%).
2. Breastfeeding Peer Counseling (BFPC)
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.
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.
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.
3. Farmer's Market Nutrition Program (FMNP)
3.1 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 and children 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.
4. 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.
§. Scope of Work
5.1 WIC Services
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5.1.1. 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:
5.1.1.1 Perform WIC certification procedures such as categorical and income screening and
health and nutrition assessments;
5.1.1.2 Provide participant centered nutrition and breastfeeding support services to WIC
participants;
5.1.1.3 Provide the mandatory and appropriate additional referrals reflecting the needs of the
individual WIC participants;
5.1.1.4 Issue WIC food instruments/benefits:
5.1.1.5 Ensure the collection and recording of accurate information;
5.1.1.6 Provide professional training, mentoring and monitoring of WIC staff competencies
necessary for delivery of required services;
5.1.1.7 Provide administrative functions for operation of the WIC Program; and
5.1.1.8 Prepare and submit all required plans/reports in accordance with this contract and
the WIC PPM.
5.2 Breastfeeding Peer Counseling (BFPC)
WIC BFPC Contractors shail perform ail 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 according to the WIC Policy and Procedure Manual in
order to increase the breastfeeding rate and duration of breastfeeding.
5.3 Farmer's Market Nutrition Program (FMNP)
5.3.1. WIC FMNP Contractors shall perform all the work required to administer and provide WiC
FMNP services to eligible participants including but not limited to:
5.3.1.1 Identifying participants and offering program services;
5.3.1.2 Distributing information to participants;
5.3.1.3 Providing competent staff to perform certification;
5.3.1.4 issuing of FMNP checks;
5.3.1.5 Safeguarding FMNP checks;
5.3.1.6 Documenting accurately all required information;
5.3.1.7 Providing administrative functions necessary for operation of the FMNP;
5.3.1.8 Preparing and submitting all required reports in accordance with this Contract; and
5.3.1.9 Adhering to all provisions of the Arizona Farmers’ Market Nutrition Program Policies
and Procedures Manual.
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Contract Number INTERGOVERNMENTAL AGREEMENT
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6. Tasks and Requirements
6.1 WIC Services Outreach and Referrais
6.1.1. The Contractor shall:
6.1.1.1 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;
6.1.1.2 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;
6.1.1.3 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;
and
6.1.1.4 Establish a referral system with breastfeeding/iactation 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.
6.2 BFPC Outreach
6.2.1. The Contractor shall:
6.2.1.1 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.
6.3 Participant Records
6.3.1. The Coniractor shall:
6.3.1.1 Follow and maintain documentation of participant centered certification and
administrative procedures as described in the WIC PPM, including but not limited to:
6.3.1.1.1 Eligibility and ineligibility determinations;
6.3.1.1.2 Complete nutrition assessments;
6.3.1.1.3 Nutrition and breastfeeding education and support:
6.3.1.1.4 Nutrition and breastfeeding counseling; :
6.3.1.1.5 Encourage participants in setting behavioral goals;
6.3.1.1.6 Appropriate referrals;
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Contract Number INTERGOVERNMENTAL AGREEMENT
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6.3.1.1.7 Program abuse; and
6.3.1.1.8 | Food instrument issuances.
6.3.1.2 Maintain inventory and accountability records, as set forth in the WIC PPM, of paper
food instrument stock and food instruments issued by the Contractor.
6.3.1.3 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) 24626 (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.
6.3.1.4 Ensure staff only has access to the WIC Computer Data System and client files for
,
business related reason(s).
6.3.1.5 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 according to the WiC PPM.
6.3.1.6 Notify the State Agency immediately by telephone call and email upon the discovery
of a breach of a participant's confidentiality.
6.3.1.7 Immediately investigate such security incident, breach, or unauthorized use or
disclosure of participant information, including:
6.3.1.7.1. What data elements were involved and the extent of the data involved in
the breach;
6.3.1.7.2 A description of the unauthorized person(s) known or reasonably
believed to have improperly used or disclosed the protected information;
6.3.1.7.3 Adescription of where the protected information is believed to have been
improperly transmitted, sent, or utilized:
6.3.1.7.4 A description of the probable causes of the improper use or disclosure;
and
6.3.1.7.5 | Whether Arizona Revised Statues (A.R.S) § 44-7501 or any other federal
or state laws requiring individual notifications of breaches are triggered.
6.3.1.8 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.
6.3.1.9 Notify individuals of the breach or unauthorized use or disclosure when notification is
required under state or federal jaw 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. Obtain approval of content and
timeline from ADHS prior to sending out of notification to affected individuals.
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Contract Number INTERGOVERNMENTAL AGREEMENT
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6.3.1.10 Arrange and pay for any mitigation (e.g. credit monitoring services) for participants at
risk of identity theft because of breach of security of information.
6.4. FMNP Participant Records Tasks:
6.4.1. The Contractor shall:
6.4.1.1 Document certification and distribution of FMNP checks and submit reports to ADHS
according to the Arizona Farmers’ Market Nutrition Program Policies and Procedures
Manual.
6.5 Service Delivery and Program Rules
6.5.1. The Contractor shall:
6.5.1.1 Determine eligibility of persons requesting WIC services by screening individuals in
accordance with procedures set forth in the WIC PPM; To be eligible, program
participants shall meet the following requirements:
6.5.1.1.4 Household income does not exceed 185% of the current designated
federal poverty guidelines or are adjunctively eligible;
6.5.1.1.2 Have a nutritional risk as defined in the WIC PPM; and
6.5.1.1.3 Reside in Arizona as defined by the WIC PPM.
6.5.1.2 Ensure that the program participants are in one (1) of the following categories:
6.5.1.2.1 Pregnant women,
6.5.1.2.2 Breastfeeding women up to twelve (12) months post-partum,
6.5.1.2.3. Non-breastfeeding women up to six (6) months post-partum,
6.5.1.2.4 Infants from birth to age one (1), or
6.5.1.2.5 Children from age one (1) year through the end of the month in which
they turn five (5) years.
6.5.1.3 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;
6.5.1.4 Provide participant-centered nutrition education to participants and appropriately
utilize emotion-based materiais provided by the State;
6.5.1.5 Assist participants in setting goals for behavioral change and follow-up on goals set;
6.5.1.6 Promote breastfeeding to WIC participants and provide breastfeeding education and
support, and refer to and promote BFPC Program, when appropriate;
6.5.1.7 Prescribe a food package appropriate to the participant's nutritional risk(s) and
category, and issue food instruments/benefits as set forth in the WIC PPM;
6.5.1.8 Provide program participants with information about available health and social
services to which the participant could be referred. The participant shall be provided
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Contract Number INTERGOVERNMENTAL AGREEMENT
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with written information regarding community services and referrals in accordance
with the WIC PPM and Local Agency referral procedures;
6.5.1.9 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;
6.5.1.10 Provide information, check for understanding, and document training to participants
on program rules, regulations, WIC approved foods, food instrument/benefit use and
redemption including the WIC Cash Value Vouchers (CVV), and if applicable, FMNP
checks. The training shall be documented in the participant's record as set forth in
the WIC PPM and/or Arizona Farmers’ Market Nutrition Program Policies and
Procedures Manual:
6.5.1.11 Distribute information to all participants regarding the authorized WIC vendors and
the location and hours of ADHS approved Arizona Farmers’ Markets; and
6.5.1.12 Explain to all WIC participants that, in addition to FMNP checks, WIC CVVs may be
used to purchase locally grown fresh fruits and vegetables at FMNP approved
farmers' markets in Arizona and provide instructions as to how to redeem both types
of food instruments.
6.6 Additional BFPC Service Delivery Tasks
6.6.4 The Contractor shall:
6.6.1.4 Accept referrals generated from calls to the ADHS Pregnancy and Breastfeeding
Hotline into the Peer Counseling Program;
6.6.1.2 Provide peer counseling services. 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
6.6.1.3 Provide supervision, mentoring, monitoring, and evaluation of peer counselors.
6.7 Additional FMNP Delivery Tasks
6.7.1. The Contractor shall:
6.7.1.1 Identify eligible participants, offer FMNP checks, and provide services to participants
in accordance with the Arizona Farmers’ Market Nutrition Program Policies and
Procedures Manual;
6.7.1.2 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;
6.7.1.3 Submit a written request to the ADHS FMNP Manager for authorization to utilize a
Local Agency WIC staff to train and certify jocal 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 shail not be
performed without receipt of prior written approval from the ADHS FMNP Manager,
6.7.1.4 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 checks and WIC CVV's;
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Contract Number INTERGOVERNMENTAL AGREEMENT
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6.7.1.5 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
6.7.1.6 . lf funding for additional FMNP checks 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.
6.8 Participant-Centered Nutrition Education
6.8.1. The Contractor shall:
6.8.1.1. Prepare and submit a two (2) year Nutrition Services Plan for participants to include,
but not be limited to:
6.8.1.1.4 Adoption and Implementation of ADHS goals for nutrition services. In
addition, Local Agencies will identify their own goals for nutrition services
in this plan,
6.8.1.1.2 Adoption and implementation of the State objectives for staff training and
client interventions related to the goais for nutrition services. In addition,
Local Agencies are required to provide at least one additional objective
for each goal,
6.8.1.1.3 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, 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,
6.8.1.1.4 Provide and document professional supervision, mentoring and
monitoring of paraprofessional staff at the clinic level on a regular basis,
as often as necessary, to ensure competence,
6.8.1.1.5 Provide, as often as necessary, high- and medium-risk nutrition
education/counseling by a Registered Dietitian 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,
6.8.1.1.6 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, the
Contractor shail return to ADHS an amount equal to the difference
between the one-sixth (1/6) requirement and the actual amount
expended. Costs that can be applied to meet the one-sixth (1/6)
requirement for nutrition education include:
6.8.1.1.6.1 Salary and other costs for time spent on nutrition
education, whether with an individual or group;
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