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HomeMy WebLinkAboutC12-310 WIC Program (13FAA 00016) DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ROUTING NO. 13 FLA 47903 APPROVED TASK ORDER CONTRACT — WAIVER #154 • This Task Order Contract is issued pursuant to Master Contract made on 01/17/2012, with routing number 13 FAA 00016 STATE: CONTRACTOR: State of Colorado for the use & benefit of the Board of County Commissioners of Eagle County Department of Public Health and Environment 500 Broadway Division of Prevention Services Eagle, Colorado 81631 -0850 WIC Program for the use and benefit of the 4300 Cherry Creek Drive South Eagle County Public Health Agency Denver, Colorado 80246 551 Broadway Eagle, Colorado 81631 TASK ORDER MADE DATE: CONTRACTOR ENTITY TYPE: August 20, 2012 Colorado Political Subdivision PO /SC ENCUMBRANCE NUMBER POFLAWIC1347903 TERM: BILLING STATEMENTS RECEIVED: This Task Order shall be effective upon approval Reimbursement by the State Controller, or designee, or on 10/01/2012, whichever is later. The Task Order STATUTORY AUTHORITY: shall end on 09/30/2013. N/A PRICE STRUCTURE: CONTRACT PRICE NOT TO EXCEED: Cost $236,809.00 PROCUREMENT METHOD: FEDERAL FUNDING DOLLARS: $236,809.00 Exempt STATE FUNDING DOLLARS $0.00 BID /RFP /LIST PRICE AGREEMENT NUMBER: MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR: Not Applicable FY 13: $177,607.00 FY 14: $59,202.00 LAW SPECIFIED VENDOR STATUTE: Not Applicable STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE: Kathryn Gasowski Jennie Wahrer Department of Public Health and Environment Eagle County Public Health Agency Division of Prevention Services 551 Broadway WIC Program Eagle, Colorado 81631 4300 Cherry Creek Drive South Denver, Colorado 80246 SCOPE OF WORK: Conduct and administer a component of the Special Supplemental Nutrition Program for Women, Infants, and Children, hereinafter referred to as the "WIC Program ", within an approved service area. Service includes, but are not limited to, nutrition education and the provision of certain nutrition foods to pregnant, lactating and postpartum women, infants, and children under five (5) years of age, whose income falls below specified levels and have an identifiable nutrition risk factor, as described in 7 CRS, Part 246, and the State's WIC Program Manual. Page 1 of 6 Rev 6/25/09 EXHIBITS: The following exhibits are hereby incorporated: Exhibit A - Additional Provisions (and its attachments if any — e.g., A -1, A -2, etc.) Exhibit B - Statement of Work (and its attachments if any — e.g., B -1, B -2, etc.) • • GENERAL PROVISIONS The following clauses apply to this Task Order Contract. These general dauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses, the more specific provision shall control. 1. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any renewals or extensions, may not exceed five (5) years. The parties intend and agree that all work shall be performed according to the standards, terms and conditions set forth in the Master Contract. 2. In accordance with section 24 -30- 202(1), C.R.S., as amended, this Task Order Contract is not valid until it has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not authorized to, and shall not; commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. The State shall have no financial obligation to the Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date, then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date, then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract, unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits and /or attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated, all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between the Master Contract and this Task Order Contract (including its exhibits and/or attachments), or between this Task Order Contract and its exhibits and/or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the Page 2 of 6 Rev 6/25/09 Special Provisions of the Master Contract; 2) the Master Contract (other than the Special Provisions) and its exhibits and attachments in the order specified in the Master Contract; 3) this Task Order Contract; 4) the Additional Provisions - Exhibit A, and its attachments if included, to this Task Order Contract; 5) the Scope /Statement of Work - Exhibit B, and its attachments if included, to this Task Order Contract; 6) other exhibits /attachments to this Task Order Contract in their order of appearance. 4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the Statement of Work, which is incorporated herein by this reference, made a part hereof and attached hereto as "Exhibit B." 5. The State, with the concurrence of the Contractor, may, among other things, prospectively renew or extend the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or decrease the amount payable under this Task Order Contract, or add to, delete from, and /or modify this Task Order Contract's Statement of Work through a contract amendment. To be effective, the amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope /Statement of Work - Exhibit 8, establishes or creates standards of performance greater than those set forth in the RFP, then the Contractor shall also meet those standards of performance under this Task Order Contract. 7. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100, 000 or higher] By entering into this Task Order Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24 -103 -601, §24- 103.5 -101 and §24 -105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order Contract, State law, including CRS §24 -103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Task Order Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Task Order Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Health and Environment and showing of good cause, may debar Contractor and Page 3 of 6 Rev 6/25/09 prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (ii) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. 8. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Without limitation, these federal laws and regulations include the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6062 of Public Law 110 -252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. Page 4 of 6 Rev 6/25/09 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE OF COLORADO: Board of County Commissioners of Eagle John W. Hickenlooper, GOVERNOR County (a political subdivision of the state of Colorado) for the use and benefit of the Eagle County Public Health Agency Legal Name of Contracting Entity B y For Executive Director D epartment of Public Health and Environment Signature of Authorized Officer Print Name of Authorized Officer /�{ /� �� Department Program Approval: �"�1ra A By Print Title of Authorized Officer ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24- 30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER: David J. McDermott, CPA By Date Page 5 of 6 Rev 6/25/09 This page left intentionally blank. Page 6 of 6 Rev 6/25/09 EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 08/20/2012 - Contract Routing Number 13 FLA 47903 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. 1. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this contract does not constitute a Business Associate relationship under HIPAA. 2. This Task Order Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 10.5570) 3. The United State Department of Agriculture ( "USDA "), through its Food and Nutrition Services (FNS) has awarded federal funds under Notice of Cooperative Agreement Award, hereinafter "NCAA ", number 3C0700701, to perform the following to operate the Special Supplemental Nutrition Program for Women, Infants, and Children, officially known as the "WIC" Program. If the underlying Award authorizes the State to pay all allowable and allocable expenses of a contractor as of the effective date of the Award, then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed effective date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable and allocable expenses of a contractor as of the effective date of the Award, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the effective date of this Task Order Contract, with such effective date being the later of the date specified in this Task Order Contract or the date the contract is signed by the State Controller or delegee. 4. To receive compensation under this Task Order Contract, the Contractor shall submit a signed monthly CDPHE Reimbursement Invoice Form. This form is accessible from the CDPHE internet website http: / /www.cdphe. state. co .us /Standardizedlnvoice /index.html CDPHE will provide technical assistance in accessing and completing the form. The CDPHE Reimbursement Invoice Form must be submitted within sixty (60) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and incorporated herein. Submit completed CDPHE Reimbursement Invoice Form to: Fiscal Contract Monitor Prevention Services Division - WIC Colorado Department of Public Health and Environment PSD- WIC -6420 4300 Cherry Creek Drive South Denver, Colorado 80246 To be considered for payment, billings for payments pursuant to this Task Order Contract must be received within a reasonable time after the period for which payment is requested, but in no event no later than sixty (60) calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination of this Task Order Contract; but in no event no later than sixty (60) calendar days from the effective expiration or termination date of this Task Order Contract. To be attached to CDPHE Page 1 of 3 Revised: 12/19/06 Task Order v1.0 (3/12) contract template EXHIBIT A Unless otherwise provided for in this Task Order Contract, "Local Match ", if any, shall be included on all invoices as required by funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 5. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have sixty (60) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30) calendar days, to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within thirty (30) calendar days, the Contractor shall be in default of its obligations under this Task Order Contract and the State, at its option, may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. 6. Modifications To The Request for Proposal. a. None 7. If this Contract is terminated prior to its expiration date, then the final payment to the Contractor may be withheld, at the discretion of the State, until a final audit has been completed. 8. Incorrect payments to the Contractor due to omission, error, fraud, defalcation, or any other reason, shall be recovered from the Contractor by the State: by deduction from subsequent payments under this Task Order Contract or other task order contracts between the State and the Contractor; or, by the State as a debt due to the State. The State and the Federal government reserve the right to audit the Contractor's books and records for a period of six(6) years after this Contract expires or terminates in order to validate the allowableness of costs paid under this Task Order Contract. Any costs not allowable under the State of Colorado Procurement Code and Rules or, the State's WIC Program regulations shall be reimbursed by the Contractor, or offset against current obligations of the State to the Contractor, at the State's election. 9. Continued State financial reimbursement under this Task Order Contract is contingent upon the continued operation of the WIC program as described in this Task Order Contract, and the Contractor's timely submission of all the reports, data, or other documentation required under this Task Order Contract. 10. The participant level shall be negotiated between the State and Contractor based on the availability of food dollars and the average food package costs and shall be approved and documented in writing, and amended as needed. 11. The State may require continued performance for a period of one (1) years at the same rates and same terms specified in the contract. If the State exercises the option, it will provide written notice to the Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Attachment A -1. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the To be attached to CDPHE Page 2 of 3 Revised: 12/19/06 Task Order v1.0 (3/12) contract template EXHIBI3 original contract. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. The State may increase or decrease the quantity of services described in Exhibit B based upon the rates established in the Contract. If the State exercises the option, it will provide written notice to the Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Attachment A -1. Performance of the services shall continue at the same rates and terms. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the original contract. 12. The State may increase or decrease funds available under this Contract using a Grant Funding Letter substantially equivalent to Attachment A -2. The Grant Funding Letter is not valid until it has been approved by the State Controller or designee. • To be attached to CDPHE Page 3 of 3 Revised: 12/19/06 Task Order v1.0 (3/12) contract template Attachment A -1 OPTION LETTER Date: State Fiscal Year: Option Letter No. 1 CMS Routing # 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of goods within current term c. Change in amount of goods in conjunction with renewal for additional term d. Level of service change within current term e. Level of service change in conjunction with renewal for additional term f. Option to initiate next phase of a contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a -e): In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost /price specified in Section , AND /OR an increase /decrease in the amount of goods /services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. b. For use with Option 1(f), please use the following: In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price specified in Section c. For use with all Options 1(a -f): The amount of the current Fiscal Year contract value is increased /decreased by $ amount of change to a new contract value of Insert New $ Amt to as consideration for services /goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section is hereby modified accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New $ Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR PROGRAM APPROVAL: Department of Public Health and Environment By: By: Lisa McGovern, Purchasing & Contracts Unit Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Date: Page 1 of 1 Effective Date: 1/6/09 -Rev 8/25/09 Attachment A -2 GRANT FUNDING CHANGE LETTER Date: 1 State Fiscal Year: Grant Funding Change Letter # CMS Routing # TO: Insert Grantee's name In accordance with Section of the Original Contract routing number , [insert the following language here if previous amendment(s), renewal(s) have been processed] as amended by [include all previous amendment(s), renewal(s) and their routing numbers], [insert the following word here if previous amendment(s), renewal(s) have been processed] between the State of Colorado, Colorado Department of Public Health and Environment and Contractor's Name beginning Insert start date <insert start date of original contract> and ending on Insert ending date <insert ending date of current contract amendment >, the undersigned commits the following funds to the Grant: The amount of grant funds available and specified in Section of <insert contract amendment number and routing number> is ❑ increased or ❑ decreased by $amount of change to a new total funds available of $ < insert new cumulative total> for the following reason: . Section is hereby modified accordingly. This Grant Funding Change Letter does not constitute an order for services under this Grant. The effective date of hereof is upon approval of the State Controller or , whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Public Health and Environment PROGRAM APPROVAL: • By: Lisa McGovern, Purchasing & Contracts Unit By: Director Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Date: Page 1of1 Effective Date: 1/6/09 -Rev 8/25/09 • EXHIBIT B STATEMENT OF WORK To Task Order Dated 08/20/2012 - Contract Routing Number 13 FLA 47903 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. I. Project Description: The Contractor shall conduct and administer a component of the Special Supplemental Nutrition Program for Women, Infants and Children. Applicable regulations are contained at 7 C.F.R., Part 246, which can be found at www. fns. usda .gov /wic /lawsandregulations. 1I. Performance Requirements/Deliverables: a. The Contractor fully understands that the WIC Program is a project to supply specified nutritious foods and nutrition education to pregnant, lactating, and postpartum women and children under five (5) years of age who fall below those levels of income established by the United States Department of Health and Human Services (USDHHS) income poverty guidelines, which can be found at http: / /www.cdphe. state .co.us /ps /wic /WICFamilies.html, and, who have an identifiable nutrition risk factor as described in the applicable regulations and the State WIC Program Manual, which has been made available to the Contractor as of the effective date of this Contract. b. The Contractor shall utilize the State's food delivery system, which system has been approved by the USDA Food and Nutrition Service ( "FNS "). c. The Contractor shall insure the availability of those health services identified in the applicable Federal Regulations to participants up to the income level specified for the WIC Program: by providing those services in on -site clinics; or, by referring participants to State of Colorado licensed physicians or public or nonprofit agencies which will provide those services. d. The Contractor shall protect the confidentiality of a recipient's identity by limiting access to the recipient's records to: the USDA, the General Accounting Office (GAO), State WIC officials, local WIC employees, the recipient's health care provider (with participant's permission), programs with a formal information sharing agreement with the State's WIC Office and listed on the Participant's Rights and Obligations form, agencies with overlapping service areas, counties with Commodity Supplemental Food Programs to prevent dual participation, and auditors representing a federal, state, or local government. Access to records by other third parties must be accompanied by a release of information signed by the recipient. e. The Contractor shall not discriminate on the basis of race, color, national origin, sex, age, or disability in rendering services to Program applicants or recipients as described at 7 C.F.R., Part 246.8, and the State WIC Program Manual. f. The Contractor shall operate its WIC Program in accordance with FNS Instruction 113 -2, "Title VI Civil Rights Compliance and Enforcement in the Special Supplemental Food Program for Women, Infants and Children and the Commodity Supplemental Food Program ", which has been made available to the Contractor as of the effective date of this Contract. g. The Contractor shall train and monitor those local retailers assigned by the State's WIC Program, and document in local agency files its activities with those local retailers as specified in the State WIC Program Manual. h. The Contractor shall conduct and document nutrition education services as described in the applicable WIC Regulations, the State WIC Program Manual, and shall cooperate with the State's WIC Nutrition Consultant relative to the delivery of these services. The Contractor shall abide by the State's nutrition Page 1 of 4 Exhibit B- Statement of Work V 1/MAR2012 EXHIBIT B education plan and submit an annual nutrition education plan to the State's WIC Program which shall outline its objectives, activities, and methods of evaluation. i. The Contractor shall maintain appropriate staff, as defined in the "Local Staffing" section of the State WIC Program Manual to administer its WIC Program. j. The Contractor shall agree to support full use of federal funds provided from USDA/Food and Nutrition Service to Colorado to administer the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) as established in Section 12(b) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760 (b), as amended by Section 361 of the Health, Hunger -Free Kids Act of 2010 (Public Law 111 -296) Funds provided for administration should be excluded from budget restrictions including at a minimum, hiring freezes, work furloughs, and travel restrictions affecting the WIC program. k. The Contractor shall insure that the qualifications of personnel assigned by the Contractor to perform the services covered by this Contract shall be available for review and approval by the State's WIC Program. 1. The Contractor shall insure that all of its WIC staff will complete: all required training by attending new employee training; and completing the WIC Certification Program within the time lines specified in the "Local Staffing" section of the State WIC Program Manual. m. Subject to available funding from the State, the Contractor shall insure that all appropriate personnel involved in its WIC Program attend regularly scheduled workshops sponsored by the State's WIC Program on administrative policies, procedures, and nutrition. n. The Contractor shall operate its WIC Program in the manner described by the current version of the State WIC Program Manual, as amended, including but not limited to the Clinic Users Procedures, which manual has been made available to the Contractor as of the effective date of this Contract. o. The Contractor shall be responsible for the security and accountability of negotiable food instruments and shall reimburse the State for any WIC Program funds which are misused or otherwise diverted due to negligence, fraud, theft, embezzlement, or any other loss caused by the Contractor, its employees, or agents. p. The Contractor shall retain all financial records, supporting documents, statistical records, and all other records documenting the services provided by the Contractor under this Contract for a period of three and one half (3 ' /2) years after the expiration or termination of this Contract. The records described herein shall be available to the State at all reasonable times at the Contractor's general offices. If any litigation, claim, or audit is started before the expiration of the three and one half (3 '/2) year period, then the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. q. The Contractor shall obtain the prior written approval of the State before, and as a condition of, purchasing any equipment with WIC funds which costs Five Hundred Dollars ($500.00) or more. If such approval is given by the State, and the equipment is purchased by the Contractor, then that equipment shall be the property of the State's WIC Program. A copy of the invoice for any equipment purchased under this Contract which costs Five Hundred Dollars ($500.00) or more shall be submitted to the State by the Contractor with a request for reimbursement. No equipment purchased with WIC funds may be disposed of by the Contractor without the prior written approval of the State and the USDA. If requested by the State, the Contractor shall deliver all equipment purchased through this Contract to the State. The Contractor shall maintain an inventory of all equipment purchased under this Contract and shall verify that inventory on an annual basis. r. The Contractor's claims for the reimbursement of all administrative costs shall be made in accordance with all applicable requirements imposed by the USDA, including but not limited to 7 C.F.R., Part 246, as Page2of4 Exhibit B- Statement of Work V 1/MAR2012 EXHIBIT B amended, all applicable Office of Management and Budget (OMB) circulars, and the State's WIC policies, as amended. s. The Contractor shall keep on file and have available for review, audit, and evaluation: i. a copy of this Contract; ii. information on the service area and financial eligibility standards used by the Contractor; iii. complete and accurate participant records documenting nutrition risk, certification information of applicants, foods prescribed, nutrition care, counseling, and referrals provided under its WIC Program; iv. a complete, accurate, and current accounting which documents all funds received and expended pursuant to this Contract; v. detailed inventory records including purchase date, acquisition cost, location, inventory number, and disposition information; vi. complete and accurate retail records documenting training, monitoring, and those problems, if any, with each retailer; vii. racial /ethnic participation data; viii. fair hearing information; and ix. participant abuse records. t. The Contractor shall insure that no claim is submitted to the State for the reimbursement of those services which are already funded by other state or federal programs, or for costs which are not allowable. u. The Contractor shall provide services to all WIC Program participants and employees in a smoke -free environment. In accordance with Public Law 103 -227, also known as the Pro - Children Act of 1994, "smoke- free" shall mean that smoking is not permitted in any portion of any indoor facility owned, leased, or otherwise contracted for by the Contractor if that facility is routinely or regularly used for the provision of child care or health services to any child under the age of eighteen (18) when those services are funded in whole or in part with Federal funds. v. The Contractor shall be responsible for the security of all WIC equipment in its control or possession and shall immediately report any loss or damage to that equipment to the State's WIC Office. The Contractor shall be liable for any loss or damage to that equipment which is caused by the negligence, abuse, or misuse of the equipment by the Contractor. w. The Contractor shall not make any changes, additions, or otherwise alter in any way, the WIC computer software or its equipment without the prior written approval of the State's WIC Office. x. The Contractor is responsible for providing the necessary Information Technology (IT) support and internet access necessary to run the WIC computer system to administer the program . y. The Contractor shall abide by all security requirements which are specified in the State WIC Program Manual. z. The Contractor shall submit time and effort reports to the state office throughout the contract period. The specific requirements of these reports are detailed in the State Program Manual aa. The Contractor certifies that it is in compliance with those regulations implementing Executive Order 12549, Debarment and Suspension, 7 C.F.R., Part 3017, Section 3017.510. The Contractor hereby certifies, by execution of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Page3of4 Exhibit B- Statement of Work V 1/MAR2012 EXHIBIT B bb. No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. III. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Program's Nutritional Consultants and Fiscal Officers as outlined in the WIC Program Manual. Methods used will include review of documentation reflective of performance to include site visits, time and effort reporting, monitoring visits, and financial documentation. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. IV. Resolution of Non - Compliance: The Contractor will be notified by e-mail within 10 days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented by email or mail and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the Program Director and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the Remedies section of the General Provisions of this contract. Page 4 of 4 Exhibit B- Statement of Work V 1/MAR2012