Common use of THE VENDOR AGREES TO Clause in Contracts

THE VENDOR AGREES TO. 1. COMPLY WITH PROGRAM REQUIREMENTS AND THIS AGREEMENT. The Vendor shall comply with all Program requirements stated in federal and state law, regulation, policy, and this Agreement. The Vendor shall: a. Comply with the terms of this Agreement, the Florida WIC Vendor Handbook, the Department specified Mandatory Minimum Inventory Requirements, federal and state WIC Program rules, administrative rules, regulations, policies and applicable law. Comply with any changes in these requirements during the term of this Agreement; b. Comply with the provisions of Title VI and VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, and Title III of the Americans with Disabilities Act of 1992; c. Ensure that no person providing services for the Vendor shall discriminate against any WIC participant on the basis of race, color, national origin, sex, age or disability; d. Ensure one or more Vendor representative(s), specified by the Department, participate in training. Train all cashiers and facility staff on program rules and requirements. e. Accept full responsibility for any intentional or unintentional action of any owners, officers, agents, managers, and employees (with or without the knowledge of management) that violates the Vendor Agreement or federal or state statutes, regulations, policies or procedures governing the WIC Program; f. Provide WIC participants: (1) The same courtesies as offered to other Vendor customers including, but not limited to, use of customer cards, manufacturer and store promotions and specials and shall not differentiate between WIC and other customers in sales or redemption procedures. Do not limit check-out services for WIC participants or prevent WIC participants from making WIC purchases using the same check-out stations offered to other vendor customers. (2) At the time of purchase, an itemized receipt for all items purchased with WIC EBT. (3) Maintain a selling price to cost ratio or “mark-up” for authorized WIC foods that is unchanged by the fact that these foods are authorized for the WIC Program. (4) Sell all WIC foods at competitive prices consistent with those of the Vendor’s peer group at all times during the term of this Agreement; g. Declare and provide the store brand or least expensive of designated food: (1) Declare in writing the vendor’s store brand or least expensive brand (LEB) of specified WIC food items on a schedule specified by the Department in writing or by using the web based form the Department has created and published for that purpose. (2) Ensure that the LEB items declared are the store brand or least expensive in each category of food declared in the vendor’s facility. Complete any changes in the LEB required by changes in the vendor inventory offering or required by the Department, (3) Provide only the store brand or least expensive brands of foods available at least 85% of all purchases at the time of purchase; h. Mark the current shelf prices of all WIC foods clearly on the food items or have the prices posted on the appropriate store shelf holding the WIC food item at all times; i. Operate a single, fixed store that is open to the public a minimum of forty hours a week; for Fresh Whole Markets shall be open to the public a minimum 5 days a week, for at least 6 hours a day; j. Participate and cooperate in all Vendor Compliance Reviews and similar evaluations, to include production of all documents required by the individual conducting that review. The Vendor shall not obstruct or impede the Department in the full completion of its compliance review responsibilities; k. Submit an accurately completed WIC food price list to the Department upon written request; l Submit accurate WIC food price updates for all foods the Vendor offers for WIC purchase to the Department’s WIC Vendor web site portal upon the Department’s request;

THE VENDOR AGREES TO. 1. COMPLY WITH PROGRAM REQUIREMENTS AND THIS AGREEMENT. The Vendor shall comply with all Program requirements stated in federal and state law, regulation, policy, and this Agreement. The Vendor shall: a. Comply with the terms of this Agreement, the Florida WIC Vendor Handbook, the Department specified Mandatory Minimum Inventory Requirements, federal and state WIC Program rules, administrative rules, regulations, policies and applicable law. Comply with any changes in these requirements during the term of this Agreement; b. Comply with the provisions of Title VI and VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, and Title III of the Americans with Disabilities Act of 1992; c. Ensure that no person providing services for the Vendor shall discriminate against any WIC participant on the basis of race, color, national origin, sex, age or disability; d. Ensure one or more Vendor representative(s), specified by the Department, participate in training. Train all cashiers and facility staff on program rules and requirements. e. Accept full responsibility for any intentional or unintentional action of any owners, officers, agents, managers, and employees (with or without the knowledge of management) that violates the Vendor Agreement or federal or state statutes, regulations, policies or procedures governing the WIC Program; f. Provide WIC participants: (1) The same courtesies as offered to other Vendor customers including, but not limited to, use of customer cards, manufacturer and store promotions and specials and shall not differentiate between WIC and other customers in sales or redemption procedures. Do not limit check-out services for WIC participants or prevent WIC participants from making WIC purchases using the same check-out stations offered to other vendor customersspecials. (2) At the time of purchase, an itemized receipt for all items purchased with WIC EBTfood instruments. (3) g. Maintain a selling price to cost ratio or “mark-up” for authorized WIC foods that is unchanged by the fact that these foods are authorized for the WIC Program. (4) h. Sell all WIC foods at competitive prices consistent with those of the Vendor’s peer group at all times during the term of this Agreement; g. Declare and provide the store brand or least expensive of designated food: (1) Declare in writing the vendor’s store brand or least expensive brand (LEB) of specified WIC food items on a schedule specified by the Department in writing or by using the web based form the Department has created and published for that purpose. (2) Ensure that the LEB items declared are the store brand or least expensive in each category of food declared in the vendor’s facility. Complete any changes in the LEB required by changes in the vendor inventory offering or required by the Department, (3) i. Provide only the store brand or least expensive brands of foods available at least 85% of all purchases at the time of purchasepurchase when specified by the Department; h. j. Mark the current shelf prices of all WIC foods clearly on the food items or have the prices posted on the appropriate store shelf holding the WIC food item at all times; i. k. Operate a single, fixed store that is open to the public a minimum of forty hours a week; for Fresh Whole Markets shall be open to the public a minimum 5 days a week, for at least 6 hours a day; j. l. Participate and cooperate in all Vendor Compliance Reviews and similar evaluations, to include production of all documents required by the individual conducting that review. The Vendor shall not obstruct or impede the Department in the full completion of its compliance review responsibilities; k. m. Submit an accurately completed WIC food price list to the Department upon written request; l ; n. Submit accurate WIC food price updates for all foods the Vendor offers for WIC purchase to the Department’s WIC Vendor web site portal upon the Department’s request; o. Notify the Department of attempted or actual misuse of WIC Program foods or food instruments; p. Promptly pay all sanction demands determined either by the Department or upon determination pursuant to a hearing consistent with the provisions of this Agreement, 7 CFR §246 and Chapter 120, Florida Statutes.