Common use of Vendor shall Clause in Contracts

Vendor shall. 62. Be fully responsible for violations of this Agreement committed by its owners, officers, managers, employees, agents, representatives, or other individuals including but not limited to, wholesalers, who directly or indirectly participate in Vendor’s operations; 63. Implement a corrective action plan, if imposed by the State agency, within the timeframe designated by the State agency. Corrective action plans shall not be used in lieu of State or Federal sanctions; 64. Maintain the confidentiality of any information gathered about a participant or their family through actions as a result of their participation in the WIC program; 65. Accept FIs and CVVs only from WIC participants, parents or caretakers of infant and child WIC participants, or proxies, as indicated with a name and signature on the WIC identification folder; 66. Ensure that the cashier enters the purchase price and date of use in ink for the WIC-approved foods actually purchased before an FI or CVV is signed and that the signature of the WIC participant or proxy is obtained and verified in the presence of the cashier; 67. Deposit FIs and CVVs for payment within thirty (30) days from the valid period stated on the FI or CVV; 68. Pay any claim assessed by the State agency within thirty (30) days of written request from the State agency; 69. Be fully responsible for any fees associated with processing a WIC transaction including any adjustment or rejection of any FI or CVV deposited by the Vendor or electronic benefit transacted by the vendor; 70. As described in Part B.8, below, submit any justification or correct any overcharges or other errors (pay a refund to the State agency or correct the processing error) to the State agency within thirty (30) days of written request from the State agency; 71. Address any disputed redemptions through the use of a WIC reimbursement form (WIC-20 or WIC-20 EBT) within timeframes established in the Vendor Guide; and 72. Accept financial liability for any WIC transaction submitted for payment after sixty (60) days from the date of a FI or C V V transaction or 45 days from the date of an EBT transaction. 73. Accept financial liability for EBT benefit redemptions resulting from Hot Card transactions if the Vendor and any of its outlets covered by this Vendor Agreement have not connected to the State agency’s WIC EBT System within a contiguous 48-hour period of time and updated the Invalid Primary Account Number (PAN) Hot Card List file information at each of the Vendor’s retail outlets covered by this Vendor Agreement; 74. Connect the Vendor’s in-store system to the State agency’s WIC EBT System at least once every 48 hours to download the WIC APL, the current Invalid PAN Hot Card List file, Error file, and Auto-Reconciliation (settlement) file; 75. Submit WIC EBT transaction batch files no more often than once every 24 hours nor less frequently than the 15th day of the month following the month in which the transaction occurred; and 76. Accept EBT transactions only from WIC participants, parents, or caretakers of infant and child WIC participants, or proxies, as indicated by entry of a valid PIN. 77. Accept reimbursements that neither result in higher food costs than if WIC participants or proxies transacted their WIC benefits at vendors that are not above-50-percent vendors (regular vendors), nor result in higher average payments per WIC authorized food item to above-50-percent vendors than average payments to comparable regular vendors; and 78. Agree to neither provide nor advertise nor indicate intent to provide customers with any incentive items, including the prohibited incentive items identified in the Vendor Selection Criteria Section of the Vendor Guide provided to applicant vendors and cross-referenced in items A1 and A2 of this Agreement.