CTR067937 - MARICOPA COUNTY WIC SERVICES (1).PDF
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INTERGOVERNMENTAL AGREEMENT
(IGA)
Contract No.: CTR067937
ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 North 18th Avenue, Suite 530
Phoenix, Arizona 85007
Procurement Officer
Josh Griffin
Page 1 of 41
Project Title: WIC AND BFPC SERVICES
Geographic Service Area: STATE OF ARIZONA
Begin Date: October 1, 2023
Termination Date: September 30, 2028
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:
Federal Employer Identification No.:
Tax License No.:
Contractor Maricopa County
4041 North Central Avenue, Suite 1400, Phoenix, AZ 85012
FOR CLARIFICATION, CONTACT:
Name:
Phone:
FAX No:
E-mail:
CONTRACTOR SIGNATURE:
The Contractor agrees to perform all the services set forth in the
Agreement and Work Statement.
This Contract shall henceforth be referred to as Contract
No. CTR067937 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.
Signature of Person Authorized to Sign Date
State of Arizona
Signed this
day of
, 202_
Print Name and Title
Procurement Officer
CONTRACTOR ATTORNEY SIGNATURE:
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 the laws of Arizona.
Contract, No. CTR067937, 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:
Signature of Person Authorized to Sign Date
Print Name and Title
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
CTR067937
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1.
Definition of Terms:
As used in this Contract, the terms listed below are defined as follows:
1.1
“Attachment” means any item in the Contract which requires the Contractor to submit as part of the Offer.
1.2
“Contract” means the combination of the Contract documents, including the Terms and Conditions, and the
Specifications and Statement or Scope of Work; and any Contract Amendments.
1.3
"Contract Amendment" means a written document signed by the Procurement Officer that is issued for the
purpose of making changes in the Contract.
1.4
“Contractor” means any person who has a Contract with the State.
1.5
“Data” means recorded information, regardless of form or the media on which it may be recorded. The term
may include technical data and computer software. The term does not include information incidental to
contract administration, such as financial, administrative, cost or pricing, or management information.
1.6
“Days” means calendar days unless otherwise specified.
1.7
“Exhibit” means any item labeled as an Exhibit in the Contract generally containing maps, schematics,
examples of reports, or other documents that will be used to perform the requirements of the Scope of Work
after contract award.
1.8
“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.
1.9
“Materials” means all property, including equipment, supplies, printing, insurance and leases of property but
does not include land, a permanent interest in land or real property or leasing space.
1.10 “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into
and administer Contracts and make written determinations with respect to the Contract.
1.11 “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor which does not
involve the delivery of a specific end product other than required reports and performance, but does not
include employment agreements or collective bargaining agreements.
1.12 “State” means any department, commission, council, board, bureau, committee, institution, agency,
government corporation or other establishment or official of the executive branch or corporation commission
of the State of Arizona that executes the Contract.
1.13 “State Fiscal Year” means the period beginning with July 1 and ending June 30.
1.14 “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 Materials or any Services required for the performance of the Contract.
1.15 “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to
another Subcontractor as a part of a Contract with the State.
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TERMS AND CONDITIONS
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2.
Contract Type
This Contract shall be:
X
Cost Reimbursement
3.
Contract Interpretation
3.1.
Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona
Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code
(A.A.C.) Title 2, Chapter 7;
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.
Specifications,
3.3.4.
Attachments,
3.3.5.
Exhibits, then
3.3.6.
Any other documents referenced or included in the Contract including, but not limited to, any
documents that do not fall into one (1) of the above categories.
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 Parol 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 and no other understanding either oral or in writing shall be
binding;
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; and
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;
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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 (5)
years. However, if the original Contract period is for less than five (5) 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 (5) 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. 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
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require
each Subcontractor to retain any and all Data and other “records” relating to the acquisition and
performance of the Contract for a period of five (5) years after the completion of the Contract. All records
shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor
shall produce a legible copy of any or all such records;
4.5
Non-Discrimination. The Contractor shall comply with State Executive Order Nos. 2023-09, 2023-01,
2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the
Americans with Disabilities Act. Contractor shall include these provisions in contracts with
Subcontractors when required by Federal or State law;
4.6
Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five (5) years
thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the
State and, where applicable, the Federal Government, to the extent that the books and records relate
to the performance of the Contract or Subcontract;
4.7
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities,
Subcontractor facilities, and the Contractor’s processes or services, at reasonable times for inspection
of the facilities or Materials covered under this Contract as required under A.R.S. § 41-2547. The State
shall also have the right to test, at its own cost, the Materials to be supplied under this Contract. Neither
inspection of the Contractor’s facilities nor Materials testing shall constitute final acceptance of the
Materials or Services. If the State determines non-compliance of the Materials, the Contractor shall be
responsible for the payment of all costs incurred by the State for testing and inspection;
4.8
Notices. Notices to the Contractor required by this Contract shall be made by the State to the person
indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the
Contract. Notices to the State required by the Contract shall be made by the Contractor to the Solicitation
Contact Person indicated on the Solicitation, stated in the Contract, or listed on the State’s
eProcurement system. An authorized Procurement Officer and an authorized Contractor representative
may change their respective person to whom notice shall be given by written notice to the other and an
amendment to the Contract shall not be necessary;
4.9
Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote
information for commercial benefit concerning this Contract without the prior written approval of the
Procurement Officer;
4.10
Continuous Improvement. Contractor shall recommend continuous improvements on an on-going basis
in relation to any Materials and Services offered under the Contract, with a view to reducing State costs
and improving the quality and efficiency of the provision of Materials or Services. State may require
Contractor to engage in continuous improvements throughout the term of the Contract;
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4.11
Other Contractors. State may undertake on its own or award other contracts to the same or other
suppliers for additional or related work. In such cases, the Contractor shall cooperate fully with State
employees and such other suppliers and carefully coordinate, fit, connect, accommodate, adjust, or
sequence its work to the related work by others. Where the Contract requires handing-off Contractor’s
work to others, Contractor shall cooperate as State instructs regarding the necessary transfer of its work
product, Materials, Services, or records to State or the other suppliers. Contractor shall not commit or
permit any act that interferes with the State’s or other suppliers’ performance of their work, provided
that, State shall enforce the foregoing section equitably among all its suppliers so as not impose an
unreasonable burden on any of them;
4.12
Ownership of Intellectual Property:
4.12.1
Rights In Work Product. All intellectual property originated or prepared by Contractor pursuant
to the Contract, including but not limited to, inventions, discoveries, intellectual copyrights,
trademarks, trade names, trade secrets, technical communications, records reports, computer
programs and other documentation or improvements thereto, including Contractor’s
administrative communications and records relating to the Contract, are considered work
product and Contractor’s property, provided that, State has Government Purpose Rights to
that work product as and when it was delivered to State,
4.12.2
“Government Purpose Rights” are:
4.12.2.1
the unlimited, perpetual, irrevocable, royalty free, non-exclusive, worldwide right
to use, modify, reproduce, release, perform, display, sublicense, disclose and
create derivatives from that work product without restriction for any activity in
which State is a party;
4.12.2.2
the right to release or disclose that work product to third parties for any State
government purpose; and
4.12.2.3
the right to authorize those to whom it rightfully releases or discloses that work
product to use, modify, release, create derivative works from the work product
for any State government purpose; such recipients being understood to include
the federal government, the governments of other states, and various local
governments.
4.12.3
“Government Purpose Rights” do not include any right to use, modify, reproduce, perform,
release, display, create derivative works from or disclose that work product for any commercial
purpose, or to authorize others to do so,
4.12.4
Joint Developments. The Contractor and State may each use equally any ideas, concepts,
know-how, or techniques developed jointly during the course of the Contract, and may do so
at their respective discretion, without obligation of notice or accounting to the other party,
4.12.5
Pre-existing Material. All pre-existing software and other Materials developed or otherwise
obtained by or for Contractor or its affiliates independently of the Contract or applicable
Purchase Orders are not part of the work product to which rights are granted State under
subparagraph 3.9.1 above, and will remain the exclusive property of Contractor, provided that:
4.12.5.1
any derivative works of such pre-existing Materials or elements thereof that are
created pursuant to the Contract are part of that work product;
4.12.5.2
any elements of derivative work of such pre-existing Materials that was not
created pursuant to the Contract are not part of that work product; and
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4.12.5.3
except as expressly stated otherwise, nothing in the Contract is to be construed
to interfere or diminish Contractor’s or its affiliates’ ownership of such pre-existing
Materials.
4.12.6
Developments Outside of Contract. Unless expressly stated otherwise in the Contract, this
Section does not preclude Contractor from developing competing Materials outside the
Contract, irrespective of any similarity to Materials delivered or to be delivered to State
hereunder.
4.13
Property of the State. If there are any materials that are not covered by Section 4.9 above created under
this Contract, including but not limited to, reports and other deliverables, these materials are the sole
property of the State. The Contractor is not entitled to a patent or copyright on those materials and may
not transfer the patent or copyright to anyone else. The Contractor shall not use or release these
materials without the prior written consent of the State;
4.14
Federal Immigration and Nationality Act. 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, 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 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 or debarment of the Contractor;
4.15
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;
4.16
Offshore Performance of Work involving Data is Prohibited. Any Services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and involve access
to Data shall be performed within the defined territories of the United States;
4.17
Certifications Required by State Law:
4.17.1
If Contractor is a Company as defined in A.R.S. § 35-393, Contractor certifies that it is not
currently engaged in a boycott of Israel as described in A.R.S. §§ 35-393 et seq. and will
refrain from any such boycott for the duration of this Contract, and
4.17.2
Contractor further certifies that it shall comply with A.R.S. § 35-394, regarding use of the
forced labor of ethnic Uyghurs, as applicable.
4.18
Protection of State Cybersecurity Interests. The Contractor shall comply with State Executive Order No.
2023-10, which includes, but is not limited to, a prohibition against (a) downloading and installing of
TikTok on all State-owned and State-leased information technology; and (b) accessing TikTok through
State information technology.
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 Materials or Services, the Contractor shall submit a complete and accurate
invoice for payment from the State within thirty (30) days;
5.2.
Delivery. Unless stated otherwise in the Contract, per A.R.S. § 47-2319, all prices shall be F.O.B. (“free
on board”) Destination and shall include all freight delivery and unloading at the destination;
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5.3.
Firm, Fixed Price. Unless stated otherwise in the Special Terms and Conditions of the Contract, all prices
shall be firm-fixed-prices;
5.4.
Applicable Taxes:
5.4.1.
Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes,
5.4.2.
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 such taxes from the buyer does not
relieve the seller from its obligation to remit taxes,
5.4.3.
Tax Indemnification. 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, and
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, and
5.4.4.
IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S. W9 Form
on file with the State of Arizona, unless not required by law.
5.5.
Availability of Funds for the Next State Fiscal Year. Funds may not presently be available for performance
under this Contract beyond the current State Fiscal Year. No legal liability on the part of the State for any
payment may arise under this Contract beyond the current State Fiscal Year until funds are made
available for performance of this Contract;
5.6.
Availability of Funds for the Current State Fiscal Year. Should the State Legislature enter back into
session and reduce the appropriations or for any reason and these Materials or Services are not funded,
the State may take any of the following actions:
5.6.1.
Accept a decrease in price offered by the Contractor,
5.6.2.
Cancel the Contract, or
5.6.3.
Cancel the Contract and re-solicit the requirements.
6.
Contract Changes
6.1.
Amendments. 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 within the scope of the
Contract. Changes to the Contract, including the addition of Services or Materials, the revision of payment
terms, or the substitution of Services or Materials, directed by a person who is not specifically authorized
by the Procurement Officer in writing or made unilaterally by the Contractor are violations of the Contract
and of applicable law. Such changes, including unauthorized written Contract Amendments 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 for the performance
of this Contract without the advance written approval of the Procurement Officer as described in Arizona
State Procurement Office Standard Procedure 002. The Contractor shall clearly list any proposed
Subcontractors and the Subcontractor’s proposed responsibilities. The Subcontract shall incorporate by
reference the terms and conditions of this Contract; and
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6.3.
Assignment 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 Materials covered under this Contract until
received by authorized personnel at the location designated in the purchase 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.
Indemnification:
7.2.1.
Contractor/Vendor Indemnification (Not Public Agency).To the fullest extent permitted by law,
Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments,
agencies, boards, commissions, universities, officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor
or any of its owners, officers, directors, agents, employees or Subcontractors. This indemnity
includes any claim or amount arising out of, or recovered under, the Workers’ Compensation
Law or arising out of the failure of such Contractor to conform to any federal, state, or local law,
statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that
the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful
acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all
claims. It is agreed that Contractor will be responsible for primary loss investigation, defense,
and judgment costs where this indemnification is applicable. In consideration of the award of this
Contract, the Contractor agrees to waive all rights of subrogation Insurance and Indemnification
Guidelines for State of Arizona Contracts Professional Service Contracts against the State of
Arizona, its officers, officials, agents, and employees for losses arising from the work performed
by the Contractor for the State of Arizona. This indemnity shall not apply if the Contractor or
Subcontractor(s) is/are an agency, board, commission or university of the State of Arizona, and
7.2.2.
Public Agency Language Only. 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.
Indemnification - Patent and Copyright. 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 Contract performance or use by the State of Materials furnished 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. If the Contractor is insured pursuant to A.R.S. § 41-621 and § 35-154, this
paragraph shall not apply;
7.4.
Force Majeure:
7.4.1.
Except for payment of sums due, neither the Contractor nor State 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
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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, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, lockouts,
injunctions-intervention-acts, failures or refusals to act by government authority, 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.
Force Majeure shall not include the following occurrences:
7.4.2.1. Late delivery of equipment, Materials, or Services caused by congestion at a
manufacturer’s plant 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.
If either the Contractor or State 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 results or effects of such delay prevent the
delayed party from performing in accordance with this Contract, and
7.4.4.
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, toward fulfillment of this Contract.
8.
Warranties
8.1.
Liens. The Contractor warrants that the Materials supplied under this Contract are free of liens and shall
remain free of liens;
8.2.
Quality. Unless otherwise modified elsewhere in the Terms and Conditions, the Contractor warrants that,
for one (1) year after acceptance by the State of the Materials, they shall be:
8.2.1.
Of a quality to pass without objection in the trade under 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.
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8.3.
Conformity to Requirements:
8.3.1.
Contractor warrants that, unless expressly provided otherwise elsewhere in the Contract, the
Materials and Services will for one (1) year after acceptance and in each instance:
8.3.1.1. Conform to the requirements of the Contract, which by way of reminder include without
limitation all descriptions, specifications, and drawings identified in the Scope of Work
and any and all Contractor affirmations included as part of the Contract;
8.3.1.2. Be free from defects of material and workmanship;
8.3.1.3. Conform to or perform in a manner consistent with current industry standards; and
8.3.1.4. Be fit for the intended purpose or use described in the Contract.
8.3.2.
Mere delivery or performance does not substitute for express acceptance by the State. Where
inspection, testing, or other acceptance assessment of Materials or Services cannot be done
until after installation or invoicing, the forgoing warranty will not begin until State’s explicit
acceptance of the Materials or Services.
8.4.
Inspection/Testing. The warranties set forth in this Section 8 [Warranties] are not affected by inspection
or testing of or payment for the Materials or Services by the State;
8.5.
Contractor Personnel. Contractor warrants that its personnel will perform their duties under the Contract
in a professional manner, applying the requisite skills and knowledge, consistent with industry standards,
and in accordance with the requirements of the Contract. Contractor further warrants that its key
personnel will maintain any and all certifications relevant to their work, and Contractor shall provide
individual evidence of certification to State’s authorized representatives upon request;
8.6.
Compliance With Applicable Laws. The Materials and Services supplied under this Contract shall comply
with all applicable federal, state, and local laws and policies (including, but not limited to, information
technology policies, standards, and procedures available on the State’s website and/or the website of
any department, commission, council, board, bureau, committee, institution, agency, government
corporation or other establishment or official of the executive branch or corporation commission of the
State of Arizona). Federal requirements may be incorporated into this Contract, if required, pursuant to
A.R.S. § 41-2637. Contractor shall maintain any and all applicable license and permit requirements. This
requirement includes, but is not limited to, any and all Arizona state statutes that impact state contracts,
regardless of whether those statutory references have been removed during the course of contract
negotiations; this is notice to Contractors that the State does not have the authority to modify Arizona
state law by contract;
8.7.
Intellectual Property. Contractor warrants that the Materials and Services do not and will not infringe or
violate any patent, trademark, copyright, trade secret, or other intellectual property rights or laws, except
only to the extent the Specifications do not permit use of any other product and Contractor is not and
cannot reasonably be expected to be aware of the infringement or violation;
8.8.
Licenses and Permits. Contractor warrants that it will maintain all licenses required to fully perform its
duties under the Contract and all required permits valid and in force;
8.9.
Operational Continuity. Contractor warrants that it will perform without relief notwithstanding being sold
or acquired; no such event will operate to mitigate or alter any of Contractor’s duties hereunder absent a
consented delegation under paragraph 6.3. [Assignment and Delegation] that expressly recognizes the
event;
8.10.
Performance in Public Health Emergency. Contractor warrants that it will:
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8.10.1.
Have in effect, promptly after commencement, a plan for continuing performance in the
event of a declared public health emergency that addresses, at a minimum:
8.10.1.1.
Identification of response personnel by name;
8.10.1.2.
Key succession and performance responses in the event of sudden and
significant decrease in workforce; and
8.10.1.3.
Alternative avenues to keep sufficient product on hand or in the supply chain.
8.10.2.
Provide a copy of its current plan to State within three (3) business days after State’s written
request. If Contractor claims relief under paragraph 7.4 [Force Majeure] for an occurrence
of force majeure that is a declared public health emergency, then that relief will be
conditioned on Contractor having first implemented its plan and exhausted all reasonable
opportunity for that plan implementation to overcome the effects of that occurrence, or
mitigate those effects to the extent that overcoming entirely is not practicable,
8.10.3.
A request from the State related to this paragraph 8.10 does not necessarily indicate that
there has been an occurrence of force majeure, and the Contractor will not be entitled to
any additional compensation or extension of time by virtue of having to implement a plan,
and
8.10.4.
Failure to have or implement an appropriate plan will be a material breach of contract.
8.11.
Lobbying:
8.11.1.
Prohibition. Contractor warrants that it will not engage in lobbying activities, as defined in
40 Code of Federal Regulations (CFR) part 34 and A.R.S. § 41-1231, et seq., using monies
awarded under the Contract, provided that, the foregoing does not intend to constrain
Contractor's use of its own monies or property, including without limitation any net proceeds
duly realized under the Contract or any value thereafter derived from those proceeds; and
upon award of the Contract, it will disclose all lobbying activities to State to the extent they
are an actual or potential conflict of interest or where such activities could create an
appearance of impropriety. Contractor shall implement and maintain adequate controls to
assure compliance with above. Contractor shall obtain an equivalent warranty from all
Subcontractors and shall include an equivalent no-lobbying provision in all Subcontracts,
and
8.11.2.
Exception. This paragraph 8.11 does not apply to the extent that the Services are defined
in the Contract as being lobbying for State’s benefit or on State’s behalf.
8.12.
Covered Telecommunications or Services. Contractor warrants that the Materials and Services rendered
under this Agreement will not require Contractor to use for the State, or provide to the State to use,
"covered telecommunications equipment or Services" as a substantial or essential component of any
system, or as critical technology as part of any system, within the meaning of Federal Acquisition
Regulation (“FAR”) Section 52.204-25;
8.13.
Debarment, Suspension, U.S. Government Restricted Party Lists. Contractor warrants that it is not, and
its Subcontractors are not, on the U.S. government’s Denied Parties List, the Unverified List, the Entities
List, the Specially Designated Nationals and Blocked Parties List, and neither the Contractor nor any
Subcontractors are presently debarred, suspended, proposed for debarment or otherwise declared
ineligible for award of federal contracts or participation in federal assistance programs or activities;
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8.14.
False Statements. Contractor represents and warrants that all statements and information Contractor
prepared and submitted in response to the Solicitation or as part of the Contract documents are current,
complete, true, and accurate. If the Procurement Officer determines that Contractor submitted an Offer
or Bid with a false statement, or makes material misrepresentations during the performance of the
Contract, the Procurement Officer may determine that Contractor has materially breached the Contract
and may void the submitted Offer or Bid and any resulting Contract; and
8.15.
Survival of Rights and Obligations after Contract Expiration or Termination:
8.15.1.
Survival of Warranty. All representations and warranties made by Contractor under the
Contract will survive the expiration or earlier termination of the Contract,
8.15.2.
Contractor's Representations and Warranties. All representations and warranties made by
the Contractor under this Contract 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, and
8.15.3.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the
Contract, fully perform and shall be obligated to comply with all purchase orders received by
the Contractor prior to the expiration or termination hereof, unless otherwise directed in
writing by the Procurement Officer, including, without limitation, all purchase 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 under the Uniform Terms and Conditions or other
rights and remedies available by law or provided by the Contract;
9.2.
Stop Work Order:
9.2.1.
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 period(s) of days indicated by the
State after the order is delivered to the Contractor. 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, and
9.2.2.
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 the remedies of the State under this Contract are not exclusive;
9.4.
Nonconforming Tender. Materials or Services supplied under this Contract shall fully comply with the
Contract. The delivery of Materials or Services or a portion of the Materials or Services that do not fully
comply constitutes a breach of contract. On delivery of nonconforming Materials or Services, the State
may terminate the Contract for default under applicable termination clauses in the Contract, exercise any
of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy
available to it; and
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9.5.
Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses
or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-
conforming performance or failure to perform the Contract, including expenses, costs and damages
described in the Uniform Terms and Conditions.
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 with the purpose of influencing the outcome of the
procurement or securing the Contract, an amendment to the Contract, or 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 (3) 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 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. Submittal of
an offer or execution of a contract shall attest that the Contractor is not currently suspended or debarred.
If the Contractor becomes suspended or debarred, the Contractor shall immediately notify the State; and
10.4.
Termination for Convenience. The State reserves the right to terminate the Contract, in whole or in part
at any time when in the best interest of the State, without penalty or recourse. Upon receipt of the written
notice, the Contractor shall stop all work, as directed in the notice, notify all Subcontractors of the effective
date of the termination and minimize all further costs to the State. In the event of termination under this
paragraph, all documents, Data and reports prepared by the Contractor under the Contract shall become
the property of and be delivered to the State upon demand. The Contractor shall be entitled to receive
just and equitable compensation for work in progress, work completed, and Materials or Services
accepted before the effective date of the termination. The cost principles and procedures provided in
A.R.S. § 41-2543 and A.A.C. Title 2, Chapter 7, Article 7, shall apply.
10.5.
Termination for Default:
10.5.1.
In addition to the rights reserved in the Contract, the State may terminate the Contract in whole
or in part due to the failure of the Contractor to comply with any 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. The Procurement Officer shall
provide written notice of the termination and the reasons for it to the Contractor,
10.5.2.
Upon termination under this paragraph, all goods, Materials, documents, Data, and reports
prepared by the Contractor under the Contract shall become the property of and be delivered
to the State on demand, and
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TERMS AND CONDITIONS
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10.5.3.
The State may, upon termination of this Contract, procure, on terms and in the manner that it
deems appropriate, Materials or Services to replace those under this Contract. The Contractor
shall be liable to the State for any excess costs incurred by the State in procuring Materials or
Services in substitution for those due from the Contractor.
10.6.
Continuation of Performance Through Termination. The Contractor shall continue to perform, in
accordance with the requirements of the Contract, up to the date of termination, as directed in the
termination notice.
11.
Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23,
Article 9, and rules adopted thereunder.
12.
Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this Contract through arbitration,
after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be
required by other applicable statutes (A.R.S. Title 41).
13.
Communication
13.1.
Program Report. When reports are required by the Contract, the Contractor shall provide them in the
format approved by ADHS; and
13.2.
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.
14.
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.
15.
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.
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.
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TERMS AND CONDITIONS
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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; and
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.
Fraud, Waste, or Abuse
18.1.
ADHS requires all employees to abide by the State’s Personnel System Rules, R2-5A-501; Standards of
Conduct which includes maintaining high standards of honesty, integrity, and impartiality, free from personal
considerations and/or favoritism, and Code of Conduct for individuals engaged in Accounting, Financial and
Budgeting Activities which depicts the moral, ethical, legal and professional aspects of personal conduct.
ADHS requires the same conduct of its consultants, vendors, contractors, subrecipients, or persons doing
business with the agency;
18.2.
Any State employee, consultant, vendor, contractor or subrecipient or person doing business with the
Agency who receives a report of improper activity must report the information within one (1) business day.
Note: Federal Award policy denotes awardees must disclose, in a timely manner, in writing to ADHS all
violations of Federal Criminal Law, involving fraud, bribery, or gratuity violations potentially affecting Federal
Awards; and
18.3.
Anyone suspecting Fraud, Waste, or Abuse related to ADHS activities are required to report Fraud, Waste,
or abuse through any of the following reporting channels:
18.3.1.
ADHS Ethics Action Hotline at (602) 542-2347,
18.3.2.
ADHS Ethics Action Email at reportethics@azdhs.gov ,or
18.3.3.
General Accounting Office (GAO) Fraud Reporting Email at reportfraud@azdoa.gov to report
Fraud, Waste, or Abuse incidents.
19.
Unique Entity Identifier (UEI) Requirement
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 sub-recipient under an award or sub-award to a non-Federal
entity) may receive a sub-award from ADHS unless the entity provides its Unique Entity Identifier Number to ADHS.
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INTERGOVERNMENTAL AGREEMENT
TERMS AND CONDITIONS
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The number can be created in SAM.gov. If already registered the UEI has been assigned and can be viewed in
SAM.gov.
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 subrecipient or sub-awardee is required to abide by 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/. The associated Grant Reporting Certification Form and completion instructions will
be sent to the subrecipient from ADHS Program(s) responsible for the specific contract. The subrecipient or sub-
awardee must return the completed form to ADHS Program(s) by the 15th of the month following that in which the
award was received. Failure to complete a required Grant Reporting Certification Form may result in loss of funding.
21.
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
22.
Authorization for Provision of Services
Authorization for purchase of services under this Agreement shall be made only upon ADHS issuance of a Purchase
Order that is signed by an authorized agent. The Purchase Order will indicate the Agreement number and the dollar
amount of the funds authorized. The Contractor shall only be authorized to perform services up to the amount of 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 2) the Purchase Order
is changed or modified with an official ADHS Procurement Change Order, and/or an additional Purchase Order is
issued for purchase of services under this Agreement.
Additional Terms and Conditions for Title 2, Subtitle A, Chapter II, Part 200, Subpart C: §200.201 USE OF
GRANT AGREEMENTS (INCLUDING FIXED AMOUNT AWARDS), COOPERATIVE AGREEMENTS AND
CONTRACT
23.
Civil Rights Assurance Statement.
The Contractor and Subcontractors are subject to Title VI of the Civil Rights Act of 1964, Section 504 of Rehabilitation
Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the
Education Amendment of 1972, and offers all persons the opportunity to participate in programs or activities
regardless or race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned
away from or otherwise denied access to or benefit from any program or activity that is directly associated with a
program of the RECIPIENT on the basis of race, color, national origin, age, sex (in educational activities) or disability.
24.
Americans With Disabilities Act of 1990.
24.1.
The Contractor shall comply with the Americans With Disabilities Act of 1990 (Public Law 101-336) and the
Arizona Disability Act of 1992 (A.R.S § 41-1492 et. seq.), which prohibits discrimination of the basis of
physical or mental disabilities in delivering contract services or in the employment, or advancement in
employment of qualified individuals; and
24.2.
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by
contracting the Contract Manager for the Contract. Request should be made as early as possible to allow
time to arrange the accommodation.
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TERMS AND CONDITIONS
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25.
Federal Funding. Funding for these services is contingent upon the availability of federal government funding. No
commitment of any kind is made by the State concerning this Grant unless there are monies provided by a federal
grant. The Grantee should take this fact into consideration.
25.1.
For the purposes of this Grant, a capital expenditure means expenditures to acquire capital assets, as
defined in 2 C.F.R. 200.12, or expenditures to make additions, improvements, modifications, replacements,
rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their
value or useful life, with a cost of $250 or greater;
25.2.
Grantee agrees to maintain property records for equipment purchased with grant funds and perform a
physical inventory and reconciliation with property records at least every year. Grantee agrees that funds
will not be used for the construction of new facilities;
25.3.
Grantee agrees to follow equipment disposition policies as determined by the Federal Awarding Agency at
Award Completion or as depicted in the State of Arizona Accounting Manual. Grantee also agrees to follow
the directives in ADHS Property and Procedure Policy FIN 111;
25.4.
Charges to Federal awards for salaries and wages must be based on records that accurately reflect the
work performed. These records must: Be supported by a system of internal control which provides
reasonable assurance that the charges are accurate, allowable, and properly allocated; Be incorporated
into the official records of the non-Federal entity; Reasonably reflect the total activity for which the employee
is compensated by the non-Federal entity, not exceeding 100% of compensated activities (for IHE, this per
the IHE's definition of IBS); Encompass both federally assisted and all other activities compensated by the
non-Federal entity on an integrated basis, but may include the use of subsidiary records as defined in the
non-Federal entity's written policy; Comply with the established accounting policies and practices of the
non-Federal entity (See paragraph above for treatment of incidental work for IHEs.; and Support the
distribution of the employee's salary or wages among specific activities or cost objectives if the employee
works on more than one (1) Federal award; a Federal award and non-Federal award; an indirect cost activity
and a direct cost activity; two (2) or more indirect activities which are allocated using different allocation
bases; or an unallowable activity and a direct or indirect cost activity.
Budget estimates (i.e., estimates
determined before the services are performed) alone do not qualify as support for charges to Federal
awards, but may be used for interim accounting purposes only;
25.5.
Grantee understands that financial reports are required as an accounting of expenditures for either
reimbursement or ADHS-approved advance payments;
25.6.
The final request for reimbursement of grant funds must be received by the ADHS no later than sixty (60)
days after the last day of the award period;
25.7.
All goods and services must be received or have reasonable expectations thereof and placed in service by
Grantee by the expiration of this award;
25.8.
Grantee agrees that all encumbered funds must be expended and that goods and services must be paid
by GRANTEE within sixty (60) days of the expiration of this award unless funding guidelines permit funds
to be used at a future date;
25.9.
Grantee agrees to remit all unexpended grant funds to the ADHS within thirty (30) days of written request
from the ADHS;
25.10.
Grantee agrees to account for interest earned on federal grant funds and shall manage interest income in
accordance with the Cash Management Improvement Act of 1990 and as indicated in the State of Arizona
Accounting Manual (SAAM) located at the following website. https://gao.az.gov/publications/saam Interest
earned in excess of allowable limits must be remitted to the ADHS within thirty (30) days after receipt of a
written request from the ADHS;
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TERMS AND CONDITIONS
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25.11.
Grantee agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the
ADHS;
25.12.
Grantee agrees to comply with all applicable laws, regulations, policies and guidance (including specific
cost limits, prior approvals and reporting requirements, where applicable) governing the use of grant funds
for expenses related to conferences, meetings, trainings, and other events, including the provision of food
and/or beverages at such events, and costs of attendance at such events unless explicitly approved in
writing by the ADHS;
25.13.
No funds shall be used to supplant federal, state, county or local funds that would otherwise be made
available for such purposes. Supplanting means the deliberate reduction of state or local funds because
of the existence of any grant funds;
25.14.
Grantee agrees that grant funds are not to be expended for any indirect costs that may be incurred by
Grantee for administering these funds unless explicitly approved in writing by the ADHS. This may include,
but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel,
and building use which may have been incurred by the Grantee;
25.15.
Grantee will comply with the audit requirements of OMB Office of Management and Budget’s (OMB)
Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards and
provide the ADHS with the Single Audit Report and any findings within ninety (90) days of receipt of such
finding(s). If the report contains no findings, the Grantee must provide notification that the audit was
completed. All completed Single Audits should be uploaded in the format specified to the Federal Audit
Clearinghouse no later than nine (9) months after the entities fiscal year-end at the attached Link:
https://harvester.census.gov/facweb/default.aspx/;
25.16.
Grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal grants, recoupment of
monies provided under an award, and civil and/or criminal penalties;
25.17.
Grantee agrees not to do business with any individual, agency, company or corporation listed in the
Excluded Parties Listing Service.
Link: System for Award Management https://www.sam.gov/portal/public/SAM/;
25.18.
Grantee agrees to ensure that, no later than the due date of the Grantee’s first financial report after the
award is made, Grantee and any subgrantees have a valid UEI profile and active registration with the
System for Award Management (SAM) database;
25.19.
GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest,
direct or indirect, which would conflict in any manner or degree with the performance of services required
under this Agreement;
25.20.
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Grantee must
comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions
that prohibit, under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of
federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant; and
25.21.
GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part
83, Subpart F, for grantees, as defined in 28 CFR, Part 83 Sections 83.620 and 83.650.
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TERMS AND CONDITIONS
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26.
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 530, Phoenix, Arizona 85007.
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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) and Breastfeeding Peer Counseling
Program (BFPC) 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 nutritional risk. The overall goal of all
the USDA Nutrition Programs is to increase food security and reduce hunger by providing eligible participants
access to nourishing food and supportive nutrition education.
1.1.
WIC Nutrition Services:
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 benefits that can be used at ADHS-approved grocery stores, 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 women, postpartum
women, and infants or children 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,
1.1.2.
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,
potentially 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, and
1.1.3.
Specific objectives for nutrition services (based on Healthy People 2030) are:
1.1.3.1.
To increase the incidence of women initiating breastfeeding;
1.1.3.2.
To increase the duration of women breastfeeding for the first six (6) months of their
baby’s life;
1.1.3.3.
To increase the duration of women breastfeeding for the first one (1) year of their baby’s
life;
1.1.3.4.
To increase the rate infants are exclusively breastfed at three (3) months and at six (6)
months;
1.1.3.5.
To reduce the proportion of adults who are considered obese;
1.1.3.6.
To reduce the proportion of children ages two (2) to five (5) who are considered obese;
1.1.3.7.
To increase the consumption and variety of fruits and vegetables by those age two (2)
and older;
1.1.3.8.
To increase the consumption of whole grains by those age two (2) and older; and
1.1.3.9.
To reduce household food insecurity and hunger.
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1.2.
BFPC:
1.2.1.
Breastfeeding peer counselors add a critical dimension to WIC’s efforts to help women initiate and
continue breastfeeding. WIC breastfeeding peer counselors provide a valuable service to their
communities, addressing barriers to breastfeeding by offering breastfeeding education, support,
and role modeling. They are familiar with the resources available to WIC participants and the
questions a new breastfeeding mother may ask, and recognize when to refer mothers to other
resources when issues outside their scope of practice arise. In 2020 the USDA Food and Nutrition
Service (FNS) released their new national breastfeeding campaign titled WIC Breastfeeding
Support: Learn Together. Grow Together. As a part of this, FNS has developed training and
technical assistance to equip WIC Programs with a framework for designing and maintaining peer
counseling programs. Developing this training included formative research to understand barriers
and motivators to implementing and sustaining peer counseling programs and develop training
curricula. This Peer Counseling Training for WIC Managers, 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, and
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.
2.
Objective
2.1
At a minimum, provide WIC services while allowing each Local Agency to provide, at their discretion,
Breastfeeding Peer Counseling Services.
2.2
In the event the Arizona WIC Program funding is depleted (e.g. government shutdown) the Contractor may
request permission to continue operating their program utilizing local funds. The Contractor shall contact the
Arizona WIC Director to discuss the feasibility of sustaining clinic operations and participant food redemption at
authorized vendor locations. The Contractor may transfer funds to ADHS to ensure continued operation.
2.3
Additional monies may be awarded under this contract for WIC Special Projects related to, but not limited to
general infrastructure, breastfeeding promotion, nutrition services, information system enhancement efforts and
client retention efforts.
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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,
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.
BFPC Services:
3.2.1.
WIC BFPC Contractors shall perform all the work required to administer and provide additional
breastfeeding support services to WIC mothers following the USDA WIC Breastfeeding Curriculum
guidelines for peer counseling services and according to the Contractor’s proposal in order to increase
the breastfeeding rate and duration of breastfeeding, and
3.2.2.
Provide supervision, mentoring, monitoring, and evaluation of peer counselors, when appropriate.
4.
Tasks
The Contractor shall:
4.1.
WIC Services Outreach, Retention, and Referrals:
4.1.1.
Conduct outreach activities targeting underserved populations by developing written and verbal
presentations, or utilizing available materials, and/or promoting WIC on social media platforms to
inform potentially WIC eligible individuals of the availability of the WIC Program and to explain the
benefits of participation in accordance with the WIC PPM and this Contract,
4.1.2.
Conduct retention activities to maintain and increase the participation of current WIC enrollees,
4.1.3.
Establish community partnerships with, at a minimum, the mandatory referral agencies, local hospitals,
OB/GYN and pediatricians offices, and provide regular contacts in accordance with the WIC PPM and
this Contract,
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4.1.4.
Establish community partnerships with community organizations such as food banks, human and
social services, school districts, etc. in accordance with the WIC PPM and this Contract, and
4.1.5.
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) in accordance
with the WIC PPM and this Contract.
4.2.
Additional BFPC Outreach Tasks:
4.2.1.
Develop and document an internal referral link between the WIC Program and WIC Peer Counseling
Program, when applicable. Interactions between the 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.
Document in Health and Nutrition Delivery System (HANDS) and maintain documentation of
participant centered certification and administrative procedures as described in the WIC PPM,
including, but not limited to, the following:
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.
Facilitate behavioral goal setting;
4.3.1.6.
Appropriate referrals;
4.3.1.7.
Program fraud; and
4.3.1.8.
Food Benefit issuances.
4.3.2.
Maintain inventory and accountability records, as set forth in the WIC PPM for Electronic Benefits
Transfer WIC (eWIC) cards,
4.3.3.
Maintain records in accordance with the PPM,
4.3.4.
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,
4.3.5.
Staff shall only access the WIC Computer Data System and client files for business related
reasons,
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4.3.6.
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,
4.3.7.
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,
4.3.8.
Local Agency shall immediately investigate such security incident, breach, or unauthorized use or
disclosure of participant information. These investigations shall include:
4.3.8.1.
What data elements were involved and the extent of the data involved in the breach;
4.3.8.2.
A description of the unauthorized person(s) known or reasonably believed to have
improperly used or disclosed the protected information;
4.3.8.3.
A description of where the protected information is believed to have been improperly
transmitted, sent, or utilized;
4.3.8.4.
A description of the probable causes of the improper use or disclosure; and
4.3.8.5.
Whether Arizona Revised Statutes (A.R.S) § 18-545 or any other federal or state laws
requiring individual notifications of breaches are triggered.
4.3.9.
The Local Agency shall provide a written report of the investigation to the Chief of the 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, and
4.3.10. 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 using non-WIC funds. The Chief of the BNPA/WIC
Director, Program Integrity Manager, and Assistant Attorney General shall approve the time,
manner and content of any such notifications. The Local Agency shall 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.
Service Delivery and Program Rules:
4.4.1.
Determine eligibility of persons requesting WIC services by screening individuals in accordance with
procedures set forth in the WIC PPM.
4.4.2.
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:
4.4.2.1.
Pregnant women, breastfeeding women up to twelve (12) months post-partum, and
non-breastfeeding women up to six (6) months following the end of a pregnancy;
4.4.2.2.
Infants from birth to age one (1); and
4.4.2.3.
Children from age one (1) year up to five (5) years.
4.4.3.
Provide complete nutrition assessment and document results and follow-up as outlined in chapter
two (2) and seven (7) of the Arizona WIC Policy and Procedure Manual,
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4.4.4.
Provide participant-centered nutrition education to participants and appropriately utilize materials
provided by the State,
4.4.5.
Facilitate goal setting for behavioral change and follow-up on goals set,
4.4.6.
Promote breastfeeding to WIC participants and provide breastfeeding education and support, and
refer to and promote the Breastfeeding Peer Counseling Program, when appropriate,
4.4.7.
Prescribe and tailor a food package appropriate to the participant's nutritional risk(s), the amount
of formula consumed, and cultural preferences and issue food benefits as set forth in the WIC
PPM,
4.4.8.
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,
4.4.9.
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,
4.4.10. Provide information, check for understanding, and document instruction to participants on program
rules, regulations, WIC approved foods, use of eWIC cards, and food benefit use and redemption.
The program instruction shall be documented in the participant's record as set forth in the WIC
PPM, and
4.4.11. Consider the impact of scheduling practices, hours of operation, and clinic closures on caseload
and WIC applicants’ access to services.
4.5.
Additional BFPC Service Delivery Tasks:
4.5.1.
Accept referrals generated from calls to the ADHS Pregnancy and Breastfeeding Hotline into the
Peer Counseling Program, and
4.5.2.
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.
4.6.
Participant Centered Nutrition Education:
4.6.1.
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.
Nutrition education contacts shall be made available quarterly to all adult participants and the
Authorized Representatives of infant and child participants certified. Nutrition education contacts shall
be scheduled on a periodic basis by the local agency, but such contacts do not necessarily need to
take place in each quarter of the certification period,
4.6.2.
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,
4.6.3.
Offer, as often as necessary, high- and medium-risk nutrition education/counseling by a Registered
Dietitian Nutritionist (RDN) to all participants deemed high-risk upon assessment. As defined in the
WIC PPM Local Agencies may designate a Bachelor's degree nutritionist or Nutrition and Dietetic
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Technicians, registered to serve as a WIC Nutritionist to provide medium-risk counseling to
participants under the supervision of the RDN,
4.6.4.
Expend a minimum of seven percent (7%) of the total amount the Contractor receives for provision of
WIC services each contract year on salary, employee related expenses, travel expenses, continuing
education, and training for one or more Registered Dietitian Nutritionists (RDN) providing high risk
services. The agency may pay another Arizona WIC Local Agency or RDN contractor for RDN services
as approved by the State WIC Director or the State WIC Director's designee. If the seven percent (7%)
of the total amount the Contractor receives for provision of WIC services is not expended for employee
related expenses, travel expenses, continuing education, and training expenses for RDNs, ADHS may
request the Contractor to return an amount equal to the difference between the seven percent (7%) of
the total amount the Contractor receives for provision of WIC services and the actual amount
expended,
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, nutrition
assessments and observations;
4.6.5.5.
Breastfeeding Promotion Costs in excess of the targeted amount, currently four
percent (4%) of NSA expenditures, may be added to other Nutrition Education costs to
meet the one-sixth (1/6) of NSA expenditures target for other Nutrition Education; and
4.6.5.6.
Other ADHS-approved costs.
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, and
4.6.7.
Provide documentation that a minimum of four percent (4%) of the annual WIC expenditures have
been used to support breastfeeding promotion and education. If the four percent (4%) is not expended
for breastfeeding promotion and education activities, ADHS may request the Contractor to return an
equal to the difference between the four percent (4%) and the actual amount expended if ADHS must
pay a penalty to the Federal Government.
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4.7.
Staffing:
4.7.1.
Designate a WIC Program Director/Manager who is an RDN, 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 RDN is on staff to provide the WIC
RDN 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. With prior approval from ADHS, number of years working in a WIC program may
substitute for some years of education,
4.7.2.
Identify an RDN 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 RDNs, based on assigned caseload, to perform high-risk and
medium-risk counseling, formula authorization, and as necessary, certification of participants. The
Contractor shall provide the RDN services in a number proportional to the agency's high-risk caseload
in accordance with the WIC PPM. The Contractor may hire graduates with a minimum of a Master’s
or Bachelor’s degree from an accredited institution in Nutritional Sciences, Community Nutrition,
Clinical Nutrition, Dietetics, Public Health Nutrition, or Home Economics with emphasis in Nutrition or
Nutrition and Dietetic Technicians, registered to do medium-risk counseling, formula authorization,
and as necessary, participant certification under the direction of an RDN. If a Local Agency has a
barrier to having an RDN on staff, the agency must submit, in writing, to ADHS with their plan for
providing high risk nutrition services to participants,
4.7.4.
Provide an appropriate number of adequately trained certification specialists, based on caseload, 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 ADHS competencies as set forth in the WIC PPM prior to providing each
service such as verifying applicant eligibility, collecting anthropometric and biochemical data for
participants, instructing on Food Benefits 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,
4.7.5.
Provide an appropriate number of adequately trained nutrition education specialists, based on
caseload, 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 nutrition services 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,
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4.7.6.
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,
4.7.7.
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,
4.7.8.
Identify an Outreach Coordinator who will oversee and facilitate activities and efforts to retain current
WIC enrollees and outreach to potentially eligible populations not currently enrolled in WIC, and
participate in outreach-related workgroups. If a Local Agency has barriers to this staffing standard,
they must submit in writing to ADHS their plan for coordination of outreach activities within the Local
Agency to be approved by ADHS,
4.7.9.
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, and
4.7.10. Provide WIC Clerks to perform administrative support within WIC clinics, when applicable. Such
individuals shall have the minimum of a high school degree or equivalent and must meet WIC Program
competencies. Previous clerical or work experience is desirable.
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 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, and
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:
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 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 training, Local Agencies must implement and adopt
the state training standards as reflected in the ADHS WIC PPM. In addition, Local Agencies must
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participate in any mandatory training provided by ADHS due to changes in policy, procedures, and /
or federal regulations,
4.9.4.
Provide training for all new staff members regarding Civil Rights, Americans with Disabilities Act
(ADA), Conflict of Interest and Confidentiality, and Voter Registration during their orientation and,
annually, provide all staff with training on Civil Rights, ADA, Conflict of Interest and Confidentiality,
and Voter Registration by completing the ADHS LMS courses on Civil Rights, Conflict of Interest and
Confidentiality, 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 three (3) mandatory WIC Partners’ two (2) day
meetings or training sessions. Two (2) sessions will he held virtually and one (1) in person in Phoenix
as scheduled by ADHS on an annual basis. These meetings will be opportunities for the Local Agency
to discuss issues regarding the WIC policies and procedures, federal rules and regulations, and
nutrition standards,
4.9.6.
Provide one (1) representative for a maximum of twelve (12) WIC Director 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. This may include urgent meetings to discuss current events
(e.g. government shutdown) and plan on managing the continuity of operations plan (COOP),
4.9.7.
Provide one (1) representative to attend a two (2) day virtual Trainer virtual conference each fiscal
year for skill and knowledge building,
4.9.8.
Provide one (1) representative to attend a one (1) day Nutrition Coordinator virtual meeting during
each fiscal year for skill and knowledge building,
4.9.9.
Provide one (1) representative to attend a one (1) day Breastfeeding Coordinator virtual meeting
during each fiscal year for skill and knowledge building,
4.9.10. Maintain a record of training provided, monitoring and observation results of staff competencies in
each staff file and/or the State LMS, and
4.9.11. Document and maintain a record of any additional staff training that applies towards the annual
Continuing Education Requirements for WIC staff in accordance with the PPM.
4.10.
Additional BFPC Staff Training:
4.10.1. Send the WIC Director or designee and the Breastfeeding Peer Counselor Program Manager to a one
(1) day virtual training during each Peer Counseling Program contract term,
4.10.2. Provide training of Breastfeeding Peer Counselors using the USDA WIC Breastfeeding 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, and
4.10.4. Provide all WIC clinic staff the recorded presentation of the USDA WIC Breastfeeding Curriculum at
least once during each Peer Counseling Program contract term.
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4.11.
Data Collection:
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 – HANDS,
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, and
4.11.4. Local WIC IT shall coordinate with ADHS WIC IT to ensure immediate restoration of technical
equipment (i.e. ADHS owned equipment) to include providing a temporary administrative account.
4.12.
Administrative Services:
4.12.1. Obtain written approval from ADHS prior to implementing any policy or procedure that deviates from
those set forth in the Arizona WIC PPM,
4.12.2. Update the Local Agency information on a timely basis on the WIC Clinic Search administrative
website. This information includes names of Chief Executive Officer (CEO)/Health Officer, WIC
Director, Clinic Supervisors, Nutrition Services Coordinator, Breastfeeding Coordinator, Training
Coordinator, IT lead(s), clinic names, addresses, phone numbers, days and hours of operations,
closure days, and other pertinent information for public disclosure,
4.12.3. Provide, at a minimum, ten (10) weeks written notice when planning on opening, moving, or
suspending WIC services at any location,
4.12.4. Read all ADHS provided documents and provide responses within the requested timeframe, if
applicable,
4.12.5. The Local Agency Director shall ensure the State Agency has the most recent contact information in
an effort to maintain current and accurate information in the Arizona Health Alert Network (AzHAN)
account,
4.12.6. Maintain records of WIC services in WIC Computer Data System and electronic files of other WIC
related operations and trainings, if applicable, according to the WIC PPM. These records include, but
are not limited to:
4.12.6.1. Signed consent for hemoglobin screening and anthropometrics;
4.12.6.2. Signed Rights and Obligations for enrolled participant files (active and inactive);
4.12.6.3. Eligible participant files (active and inactive);
4.12.6.4. Ineligible applicant signature;
4.12.6.5. Monthly Participation Reports by Category and Ethnicity;
4.12.6.6. Outreach files;
4.12.6.7. Medical documentations;
4.12.6.8. Staff files, including trainings attended, skill observations, and Local Agency Self
Assessments;
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4.12.6.9. Documentation of dual participation actions;
4.12.6.10. Waiting lists (when applicable);
4.12.6.11. Reconciliations of eWIC cards;
4.12.6.12. Civil rights files, including documentation and resolution of all civil rights complaints;
4.12.6.13. Documentation of annual civil rights and voter registration training of all employees; and
4.12.6.14. Documentation of annual Conflict of Interest and Confidentiality training of all
employees and the WIC Confidentiality and Conflict of Interest forms.
4.12.7. 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,
4.12.8. Correct any regulatory deficiency or discrepancy noted during any of the program Management
Evaluations, Audits, Local Agency Compliance Investigations or Program Financial Management
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. Any reimbursement dollars back to ADHS
must be done within thirty (30) days of receiving the Financial Management Review completion
notification,
4.12.9. Adhere to the State of Arizona Accounting Manual (SAAM) travel rates. Travel rates reimbursed by
the Local Agency cannot exceed the current Arizona State Reimbursement Rates located at
https://gao.az.gov/travel/travel-information,
4.12.10. Complete electronic copies of the Contractor's Expenditure Reports (CER) for each contracted
program and submit the electronic and a signed copy to ADHS according to the instructions and
requirements of the WIC PPM,
4.12.11. Retain all evidentiary documentation (i.e. meal receipts) and submit to ADHS upon request for all
expenses charged towards the WIC grant,
4.12.12. Prepare Final Closeout CER invoice for each contracted program reflecting the cumulative
expenditures for a contract year,
4.12.13. Prepare WIC Local Agency Quarterly Cost Summary Reports that matches the amount of each
quarter’s expenditures respectively in accordance with the requirements in the WIC PPM,
4.12.14. Prepare an annual evaluation on the Contractor's Outreach Plan and a progress report on activities
accomplished during the year,
4.12.15. Prepare 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,
4.12.16. Adhere to the allowable and unallowable cost principles for WIC and BFPC as outlined in the WIC
PPM,
4.12.17. Conduct Local Agency self-assessments 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,
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4.12.18. Prepare all required plans, reports, and documents in accordance with the requirements in the WIC
PPM, and
4.12.19. In additional to complying with the Guidance for Federal Grant Award Management (Blue Book), the
SAAM for Contractors of ADHS Funded programs, and chapter twelve (12) and thirteen (13) of the
WIC PPM, the Contractor shall:
4.12.19.1. 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);
4.12.19.2. 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;
4.12.19.3. Obtain written permission from ADHS prior to expending WIC funds to purchase
equipment with a value of $5,000 or more;
4.12.19.4. Submit a request for all asset-related items to ADHS utilizing the process specified in
the WIC PPM. Asset-related items include, but are not limited to, hardware (e.g.
computers, tablets, scanners, printers, card readers, pin pads, webcams, and headsets)
and certain telecommunications equipment necessary to access the web-based WIC
Computer Data System (e.g. routers, MiFi’s). New technology will be evaluated for
inclusion based on program needs. For software purchases with WIC funds, the Local
Agency may purchase software that is reasonable and necessary;
4.12.19.5. Provide notification to ADHS for any asset-related resource items in need of transfer or
disposition. The Contractor shall not directly dispose of any asset;
4.12.19.6. Adhere to WIC PPM procedures for transfer and disposals; and
4.12.19.7. Report, upon discovery and no later than ten (10) business days from the time of
incident, any destroyed, missing, and/or stolen asset resources to the assigned ADHS
WIC Nutrition Consultant.
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, and
4.13.2. Provide training and resources to assist the local agency in establishing and maintaining competency
for new and existing staff.
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5.
Reference Documents
5.1.
7 CFR (Code of Federal Regulations) 246.26(h)(3):
https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-246#p-246.26(h)(3)
5.2.
Arizona WIC Program Policies and Procedures Manual:
https://azdhs.gov/azwic/local_agencies_policyManual.htm
5.3.
Healthy People 2030:
https://health.gov/healthypeople/objectives-and-data/browse-objectives/nutrition-and-healthy-eating
5.4.
WIC Specific Code of Federal Regulations:
https://www.ecfr.gov/current/title-7/part-246
5.5.
General Accounting Office (Travel):
https://gao.az.gov/travel/welcome-gao-travel
5.6.
Guidance for Federal Grand Award Management (Blue Book):
https://www.azdhs.gov/documents/operations/financial-services/bluebook-2018.pdf
5.7.
Peer Counseling Training for WIC Managers:
https://wicworks.fns.usda.gov/resources/peer-counseling-training-wic-managers
5.8.
State of Arizona Accounting Manual (SAAM):
https://gao.az.gov/publications/SAAM
6.
State Provided Items
ADHS will provide:
6.1.
Electronic copies of the Arizona WIC Program Policies and Procedures Manual;
6.2.
Hardware and software necessary for operation of the WIC Computer Database System;
6.3.
Training and resources to assist local agencies in establishing staff competency for new and existing staff;
6.4.
AZHZ Collaborators Username and Password access for ordering:
6.4.1.
eWIC cards,
6.4.2.
Nutrition Education Materials for participants,
6.4.3.
Breast Pumps and kits,
6.4.4.
Breastfeeding materials/resources for staff,
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6.4.5.
Required posters,
6.4.6.
Clinic operations materials, and
6.4.7.
Outreach materials.
6.5.
Financial documents:
6.5.1.
FFATA Form,
6.5.2.
Direct Expenses Template,
6.5.3.
LAR Template,
6.5.4.
Contractor Expenditure Report Template, and
6.5.5.
Quarterly Cost Summary Report Template.
6.6.
Technical assistance and support, as needed;
6.7.
Required Breastfeeding resources for staff;
6.8.
Assistance with IBCLC career track or advanced lactation consultant education, when appropriate;
6.9.
Periodic redemption reports for issued benefits, as requested by the Local Agency;
6.10.
Quarterly Report template (electronic) for Peer Counseling Program; and
6.11.
USDA WIC Breastfeeding Curriculum: Peer Counselors, which includes the PowerPoint presentation “Peer
Counseling: Making a Difference for FIC Families,” when appropriate.
7.
Additional BFPC State Provided Items
7.1.
Quarterly Report template (electronic) for Peer Counseling Program; and
7.2.
USDA WIC Breastfeeding Curriculum: Peer Counselors, which includes the PowerPoint presentation "Peer
Counseling: Making a Difference for WIC Families," when appropriate.
8.
Deliverables and Delivery Schedule
If applicable, any work plan or other documentation submitted to and accepted by ADHS regarding participation in WIC
or BFPC shall be incorporated into this Agreement. Furthermore, any policy or procedure that deviates from those set
forth in the Arizona WIC Program Policies and Procedures Manuals requires approval from ADHS prior to
implementation. The Contractor shall submit to ADHS:
8.1.
Updated copies of Local Agency Policies and Procedures as required by the WIC PPM;
8.2.
Individual electronic and signed CER invoices for each program no later than thirty (30) days following the end
of each report month of the program year;
8.3.
WIC Local Agency Quarterly Cost Summary matching the WIC Contractor's CER expenses no later than thirty
(30) days following the end of each quarter of the program year;
8.4.
Final electronic and signed CER invoice for each program no later than forty-five (45) days following the end of
each Contract year;
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8.5.
Completed Federal Funding Accountability and Transparency Act (FFATA) Grant Reporting Certification Form
at the beginning of each contract for each Grant within thirty (30) days receipt of the Purchase Order (PO);
8.6.
WIC Local Agency fourth (4th) Quarterly Final Cost Summary matching the WIC Contractor's CER expenses,
not later than forty-five (45) days following the end of each Contract year;
8.7.
Each Contracted Program's amendment application by the specified deadline for the following Contract year
containing the following information:
8.7.1.
Request for Caseload to be served,
8.7.2.
Request for budget and budget justification,
8.7.3.
Updated Outreach Plan for the upcoming Federal Fiscal Year (FFY) and an evaluation of the previous
year’s activities, and
8.7.4.
Any additional services and other documents specified,
8.8.
A Local Agency Corrective Action Plan within sixty (60) days in response to Management Evaluation. Any
reimbursement dollars back to ADHS (WIC) must be done within thirty (30) days of receiving the Financial
Management Review completion notification; and
8.9.
Quarterly reports for the Peer Counseling Program to be submitted fifteen (15) days after each quarter of the
Contract year.
9.
Performance Standards and Award Program
9.1.
Upon Contract finalization, ADHS shall notify the Contractor by email of the assigned caseload and, throughout
the term of the Contract, 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%
9.2.
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 then move the unused caseload and corresponding resources
to other WIC Local Agencies in order to fully utilize the resources;
9.3.
Local Agencies shall be eligible for one (1) or more of the following awards:
9.3.1.
Any local agency which meets 100% or more of its caseload assignment for three (3) consecutive
months during the previous FFY 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,
9.3.2.
Utilizing the “Nutrition Discussion Contact” report ran in the first quarter of the FFY preceding time of
application (October through December), any Local Agency meeting ninety-five percent (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,
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9.3.3.
The agency with the highest increase of eWIC redemptions in the first quarter (October 1 through
December 31) of the FFY preceding time of application compared to their own Local Agency’s eWIC
redemptions from the first quarter (Oct 1 through Dec 31) of the previous FFY 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, and
Assigned Caseload Cohort
Award Amount
Less than 2000
$5,000
2000 - 8000
$10,000
More than 8000
$15,000
9.3.4.
The agency with the highest percentage of Infants Exclusively Nursing (IENs) in the first quarter
(October 1 through December 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 Cohort
Award Amount
Less than 2000
$5,000
2000 - 8000
$10,000
More than 8000
$15,000
9.4.
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
9.5.
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.
10.
Notices, Correspondence, Reports, and CERs
10.1.
Notices, correspondence, reports, and CERs from the Contractor to ADHS shall be sent by mail to:
Arizona Department of Health Services
150 N 18th Avenue, Suite 320
Phoenix, Arizona 85007
Attention: WIC Program Manager
10.2.
Notices, correspondence, and reports (and payments if sent to same address) from ADHS to the Contractor
shall be sent to:
Maricopa County
Attn: Yunru Lu
4041 North Central Avenue
Suite 1400
Phoenix, AZ 85012
Phone: 602-372-0675
Email: Barbara.lu@maricopa.gov
CONTRACT NUMBER
INTERGOVERNMENTAL AGREEMENT
CTR067937
Page 37 of 41
PRICE SHEET
October 1, 2023 to September 30, 2024
Agency Name: Maricopa County
Cost Reimbursement Line Item Budget
WIC Services
Federal Award Date: October 1, 2023
CFDA number and name: 10.557 Special Supplemental Nutrition Program for Women, Infants, and
Children
WIC Services
Account Classification
Amount
Personnel
$5,364,472.00
Employee Related Expenses
$2,528,300.00
Professional & Outside Services
$16,000.00
Travel Expense
$11,789.00
Occupancy Expenses
$22,468.00
Other Operating Expenses
$95,155.00
Capital Expenditures
$0.00
Indirect Cost
$1,257,976.00
Total
$9,296,160.00
Breastfeeding Peer Counseling Services
Federal Award Date: October 1, 2023
CFDA number and name: 10.557 Special Supplemental Nutrition Program for Women, Infants, and
Children
Breastfeeding Peer Counseling Services
Account Classification
Amount
Personnel
$328,764.64
Employee Related Expenses
$156,890.09
Professional & Outside Services
$0.00
Travel Expense
$371.88
Occupancy Expenses
$0.00
Other Operating Expenses
$6,840.00
Capital Expenditures
$0.00
Indirect Costs
$77,133.64
Total
$570,000.00
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INTERGOVERNMENTAL AGREEMENT
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WIC Special Projects
Federal Award Date: October 1, 2023
CFDA number and name: 10.557 Special Supplemental Nutrition Program for Women, Infants, and
Children
Breastfeeding Peer Counseling Services
Account Classification
Amount
Personnel
$49,050.00
Employee Related Expenses
$23,412.57
Professional & Outside Services
$0.00
Travel Expense
$0.00
Occupancy Expenses
$15,639.62
Other Operating Expenses
$0.00
Capital Expenditures
$0.00
Indirect Costs
$13,787.99
Total
$101,890.00
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. 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.
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 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.
b. Additional monies have been added for Maricopa County WIC Program to provide RD services to
other local WIC agencies as agreed upon in the Scope of Work documents between Maricopa and
each local WIC program that services are provided. For FFY 24, these agencies include Apache,
Mariposa, Gila.
c. Additional monies have been added to the Personnel Services, Employee Related Expenses, and
Indirect Cost line items to the Maricopa WIC Program Special Project Budget to provide State-wide
secondary nutrition education for families enrolled with local agencies utilizing the WIC Your Way
virtual services approach by providing staff to support this program at the state office full time. The
staff provided will assist the ADHS team with outreach and retention campaigns involving text
messaging and/or virtual services, provide virtual secondary nutrition education and high-risk
services through this project, support local agencies with their training needs related to this service,
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INTERGOVERNMENTAL AGREEMENT
CTR067937
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and support local agency services state-wide by facilitating group education classes and completing
administrative work related to providing these services. The staff will also work with the ADHS WIC
Evaluator to evaluate measurable outcomes from the service including data on nutrition related
attitudes and behaviors, ease and satisfaction of technology use, and increasing attendance at the
nutrition education sessions, and then implement a process to improve the services.
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 2024 is: 44,500
CONTRACT NUMBER
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Exhibit A - 2 CFR 200.332
Exhibit - 2 CFR 200.332
§ 200.332
Requirements for pass-through entities. All pass-through entities must:
(a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at
the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification.
When some of this information is not available, the pass-through entity must provide the best information available to describe
the Federal award and subaward.
Prime Awardee:
Arizona Department of Health Services
UEI#
QMWUG1AMYF65
Federal Award Identification (Grant Number):
216AZ008W1003
Subrecipient name (which must match the name associated with its
unique entity identifier):
Maricopa County Public Health
Subrecipient's unique entity identifier (DUNS #):
602062515
Federal Award Identification Number (FAIN, sometimes it’s the
same as the Grant Number):
216AZ008W1003
Federal Award Date (see the definition of Federal award date in § 200.1
of this part) of award to the recipient by the Federal agency;
10/1/2023
Subaward Period of Performance Start and End Date;
10/01/2023-9/30/2024
Subaward Budget Period Start and End Date:
10/01/2023-9/30/2024
Amount of Federal Funds Obligated by this action by the pass- through
entity to the subrecipient (this is normally the contract
amount):
$9,296,160.00
Total Amount of Federal Funds Obligated to the subrecipient by the
pass-through entity including the current financial obligation (how
much is available for contracts):
$9,296,160.00
Total Amount of the Federal Award committed to the subrecipient
by the pass-through entity
$9,296,160.00
Federal award project description, as required to be responsive to
the Federal Funding Accountability and Transparency Act (FFATA)
Arizona local implementation of the WIC Special
Supplemental Nutrition Program for Women, Infants,
and Children
Name of Federal awarding agency, pass-through entity, and contact
information for awarding official of the Pass-through entity
United States Department of Agriculture, FNS Southwest
Regional Office, Food and Nutrition Service, 1100
Commerce Street Room 522, Dallas, TX 75242-9980,
Telephone: (214)290-9810
Assistance Listings number and Title; the pass- through entity must
identify the dollar amount made available under each Federal award
and the Assistance Listings Number at time of disbursement:
10.557 WIC Special Supplemental Nutrition Program for
Women, Infants, and Children
Identification of whether the award is R&D
Not R&D award
Indirect cost rate for the Federal award (including the de minimis
rate is charged) per § 200.414
15.65%
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INTERGOVERNMENTAL AGREEMENT
CTR067937
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Exhibit B - 2 CFR 200.332
Exhibit - 2 CFR 200.332
§ 200.332
Requirements for pass-through entities. All pass-through entities must:
(a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at
the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification.
When some of this information is not available, the pass-through entity must provide the best information available to describe
the Federal award and subaward.
Prime Awardee:
Arizona Department of Health Services
UEI#
QMWUG1AMYF65
Federal Award Identification (Grant Number):
216AZ008W1003
Subrecipient name (which must match the name associated with its
unique entity identifier):
Maricopa County Public Health
Subrecipient's unique entity identifier (DUNS #):
602062515
Federal Award Identification Number (FAIN, sometimes it’s the
same as the Grant Number):
216AZ008W1003
Federal Award Date (see the definition of Federal award date in § 200.1
of this part) of award to the recipient by the Federal agency;
10/1/2023
Subaward Period of Performance Start and End Date;
10/01/2023-9/30/2024
Subaward Budget Period Start and End Date:
10/01/2023-9/30/2024
Amount of Federal Funds Obligated by this action by the pass- through
entity to the subrecipient (this is normally the contract
amount):
$570,000.00
Total Amount of Federal Funds Obligated to the subrecipient by the
pass-through entity including the current financial obligation (how
much is available for contracts):
$570,000.00
Total Amount of the Federal Award committed to the subrecipient
by the pass-through entity
$570,000.00
Federal award project description, as required to be responsive to
the Federal Funding Accountability and Transparency Act (FFATA)
Arizona local implementation of the Breastfeeding
and Peer Counseling Program
Name of Federal awarding agency, pass-through entity, and contact
information for awarding official of the Pass-through entity
United States Department of Agriculture, FNS Southwest
Regional Office, Food and Nutrition Service, 1100
Commerce Street Room 522, Dallas, TX 75242-9980,
Telephone: (214)290-9810
Assistance Listings number and Title; the pass- through entity must
identify the dollar amount made available under each Federal award
and the Assistance Listings Number at time of disbursement:
10.557 WIC Special Supplemental Nutrition Program for
Women, Infants, and Children
Identification of whether the award is R&D
Not R&D award
Indirect cost rate for the Federal award (including the de minimis
rate is charged) per § 200.414
15.65%