Page 102

Page 6 – Alabama WIC Vendor Agreement FY 2027-2029 whether charged intentionally or not; amounts fraudulently charged the Department; or other overcharges as determined by the Department. 25. Pay all claims in a prompt and timely manner. Failure to repay the Department may be grounds for disqualification (Federal Commissaries excluded). 26. Not seek restitution from participants for eWIC transactions not paid or partially paid by the Department. 27. Notify the Department of any changes, to include additions or deletions of stores, if initial Corporate agreement covers multiple stores. Each store is considered a distinctive unit for inclusion or exclusion to the Corporate agreement. Penalties imposed on one store do not affect the remaining stores covered under the Corporate agreement. 28. Notify the Alabama WIC Program office of any changes of name, location, ownership, management, and business structure, or ending of operations, at least fifteen (15) days before the effective date of change. 29. Allow personnel from the Local WIC Program, Alabama WIC Program, the Department or Federal Agency to monitor Vendor's store, unannounced, any time the store is open for business to ensure Vendor's compliance. Unannounced monitoring visits may include compliance purchases or inventory audits to collect evidence of improper Vendor practices (Federal Commissaries excluded). 30. Acknowledge the result of any compliance activity or inventory audit with required signature(s) of Vendor representative as requested by the person(s) representing the Alabama WIC Program. 31. Make available, upon request by the Department or Federal Agency, any and all records pertinent to this agreement for review including records of purchases of WIC items for resale and eWIC. These records must include a detailed listing of items and quantities purchased and names and addresses of the wholesaler or supplier. The original, itemized invoices must identify the date of the purchase and the type, quantity, and price of specific WIC foods. 32. Execute and provide a written release upon demand to permit the Department to obtain copies of wholesale Vendor invoices directly from the Vendor’s designated suppliers. The Vendor hereby agrees that failure to provide such a release shall be grounds for disqualification from the WIC Program. 33. Maintain documentation to establish food sales. The necessary documentation includes monthly sales tax reports that were submitted to the Department of Revenue reflecting total gross sales, as well as financial statements, reports, tax forms or other records sufficient for establishing food sales. 34. Provide the Department a valid, consistently monitored email address to receive and respond to important, time sensitive information. 35. Respond to all communication from the Department within the specified time frame. 36. Maintain, in an accessible manner, all pertinent records for a period of three (3) years after the fiscal year close out. The retention period begins at the close out of each fiscal year as defined by the fiscal year of the State of Alabama (October 1st through September 30th). Close out is defined as February of the following year. The Department may, by written notice, require longer retention of any records necessary for resolution of any audit or litigation. 37. Not use the WIC service marks (WIC acronym and the WIC logo), including close facsimiles thereof, in total or in part, either in the official name in which the Vendor is registered or in the name under which it does business, if different. Not use “WIC,” the WIC logo or the letters “W,” “I,” and “C” in signs promoting the business, as well as advertisements and educational materials aimed at customers. Vendor shall not use any form of marketing or advertising of the store that gives an impression that the business is owned, operated, approved, favored or endorsed by the Alabama WIC Program, including wording such as, but not limited to, “WIC.” 38. Not affix stickers or permit such stickers to be affixed on any foods offered for sale to the public containing WIC, the WIC logo, or the letters “W”,” I”,”C”. 39. Comply with all applicable regulations found in Chapter 420-10-2 of the Alabama Administrative Code. VENDOR ACKNOWLEDGES: 1. The Department is required to ensure Vendors comply with applicable competitive price requirements within their respective peer group, detect questionable WIC transactions, prevent overcharges, and do not engage in other violations or errors in the program. Vendors are required to know and understand the requirements for properly transacting eWIC. Therefore, Vendor transactions shall be subject to continual evaluation for WIC Program compliance errors and violations. The Department may require repayment and impose sanctions regarding WIC redemptions that do not comply with the requirements of this Agreement and federal and state law and regulation. 2. In accepting the terms of this Agreement, Vendor agrees to support the objectives of the WIC Program and participate in the delivery of the WIC authorized foods at the lowest possible competitive price for the benefit of all individuals authorized to participate in the WIC Program. Therefore, once approved, the Vendor is required to maintain its qualifications and meet all federal and state WIC Program requirements in order to