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(3) DSHS will limit (cap) reimbursement of Contractor's indirect costs at twenty (20) <br />percent applied to Contractor's total direct salaries plus benefits reimbursed by <br />DSHS. <br />(4) DSHS will identify annually to Contractor an amount of funds that shall be spent <br />for breastfeeding promotion. The allocation of breastfeeding funds to Contractor <br />will be based on Contractor's proportional share of the statewide combined total <br />of pregnant and breastfeeding participants as reported to DSHS WIC Program. <br />(5) DSHS WIC Program also reserves the right to withhold a proportionate amount of <br />earned administrative funds when evidence exists that nutrition education and /or <br />breastfeeding promotion is not being provided by Contractor, or Contractor is not <br />complying with the provisions of USDA and /or DSHS directives. <br />(6) DSHS reserves the right to utilize a competitive offering for the award of any <br />future contracts at the end of the term of this Program Attachment. <br />(7) DSHS may amend or terminate this Program Attachment if available funds <br />become reduced, depleted, or unavailable during the term of the Program <br />Attachment to the extent that the WIC Program is unable to provide <br />administrative funding at the rate(s) stated in this Program Attachment. DSHS <br />will provide written notification to Contractor of such fact. <br />(8) DSHS may pay for additional services as specified in this Program Attachment if <br />provided by Contractor during the term of this Program Attachment (but not <br />otherwise paid during the term of this Program Attachment) if it is in the best <br />interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the <br />amount of earned administrative funds as stated above, Contractor shall continue <br />to bill DSHS for the services provided. If additional funds become available at a <br />later date for the provision of these services, DSHS WIC Program may pay <br />Contractor a share of these funds. <br />(9) DSHS may provide incentives to Contractor's Local WIC Agencies for <br />participants who are provided WIC services outside the normal traditional hours <br />to the extent that federal funding is available. <br />(10) During the term of this Program Attachment, DSHS may adjust the base <br />reimbursement rate as defined in this Program Attachment if it is in the best <br />interest of DSHS and the DSHS WIC Program and if administrative WIC Grant <br />funds change. <br />Contractor shall indicate separately on the face of the claim for reimbursement (State of <br />Texas Purchase Voucher, Form B -13) the costs associated with nutrition education, <br />breast - feeding, and other administrative costs. <br />PROGRAM ATTACHMENT — Page 8 <br />