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B. The Vendor Agrees To The Following: Food Items and WIC Materials 10. Vendor shall carry the required minimum quantity and variety of food items per food category from the WV WIC Approved Food List as determined by the WV WIC Program. Such food shall not be stale, spoiled, or remain available for purchase beyond the expiration date. Vendor shall maintain an inventory record (paper, electronic and/or digital) showing the availability of WV WIC Approved foods throughout the period that this Agreement is in effect. 11. Vendor shall order WIC approved infant formula only from the Manufacturers, Wholesalers, Distributors, and Retailers on the list provided annually by the WV WIC Program to ensure product integrity. The Vendor must notify the State Agency within 30 days, if their primary source of WIC Approved formula has changed from what was reported at the time of application or previously reported. 12. Vendor shall ensure prices on all WV WIC approved food items are clearly marked. Vendor shall maintain a record of shelf prices on WV WIC Approved Foods throughout the period that this Agreement is in effect. 13. Vendor shall remain price competitive based on Vendor’s peer group and competitive price criteria throughout the period of this Agreement. Furthermore, Vendor shall not derive more than 50 percent of its total annual food sales revenue from eWIC transactions. A Vendor’s failure to remain price competitive, or designation as an above-50-percent WIC Vendor, is cause for termination of the Vendor Agreement, even if actual payments to the vendor are within the maximum reimbursement amount. 14. Vendor shall provide suitable hours, visibly posted and adhered to, and environment for participant access. 15. Vendor shall use WV WIC Program materials as specified by the WV WIC Program, including but not limited to the WIC Window decal, which must be prominently displayed and seen from the outside of the store; the WIC Approved Shopping Guide, which must be easily accessible to cashiers at each register; and the Vendor Handbook and any Vendor training materials, all of which must be kept on-site and available for inspection upon request during any monitoring visit. Training 16. Vendor, its manager(s) and/or authorized representative(s), shall attend interactive training concerning WV WIC Program requirements: 1) prior to or at time of initial authorization; 2) at least once every three (3) years when the Vendor Agreement is nearing expiration date; and 3) more frequently if the WV WIC Program deems it necessary. The WV WIC Program will have sole discretion to designate the date, time, and location of all interactive training although at least one alternative date shall be provided for the Vendor to attend such training. 17. The WV WIC Program must provide training annually to each authorized Vendor. At least one (1) Vendor representative must participate in this annual training. Annual vendor training may be provided in a variety of formats, including newsletters, videos, and interactive training. If annual training is provided by training video(s) or training newsletter, the State Agency will allow the Vendor thirty (30) days to view this material. The Vendor will be required to confirm in writing that annual training was provided. 18. Vendor shall inform and train cashiers and other staff regarding WV WIC Program requirements. 19. Vendor shall be accountable for any violations committed by its owners, officers, managers, agents, representatives, and employees, whether acting legally or illegally as well as with or without Vendor's knowledge. Family Benefits 20. Vendor shall provide only WV WIC Approved Foods as specified on the WV WIC Approved Food List. Vendor shall provide this food in the size, form, brand, and quantities stated on the eWIC benefit card. This includes only providing the authorized infant formula, which the Vendor has obtained from sources included on the list described in Article 11 of this agreement to participants in exchange for eWIC benefits specifying infant formula. Page 2 of 12