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Contractor shall compile data, maintain records and submit reports, as required, to permit <br />effective enforcement of the nondiscrimination laws and permit authorized USDA and <br />State of Texas personnel, during normal working hours, to review such records, books, <br />and accounts as needed to ascertain compliance with the nondiscrimination laws. The <br />Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek <br />judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance <br />is binding on Contractor, its successors, transferees, and assignees, as long as they <br />receive assistance or retain possession of any assistance from the Department of <br />Agriculture. The person or persons whose signatures appear on the Core Contract are <br />authorized to sign this Assurance on behalf of Contractor. <br />Contractor shall comply with all of the requirements of the current WIC Policy and <br />Procedures Manual and Program rules as well as state and federal laws and amendments <br />governing or regulating the WIC Program. A copy of the current WIC Policy and <br />Procedures Manual has been made available to Contractor. The WIC Policy and <br />Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are <br />incorporated into this Agreement by reference. Contractor has a duty to remain familiar <br />with the contents within the WIC Policy and Procedures Manual. <br />Contractor is responsible for ensuring that employees or agents acting on behalf of <br />Contractor comply with all of the requirements of the WIC Policy and Procedures <br />Manual, Program rules and all state and federal laws and amendments governing and <br />regulating the WIC Program. <br />General Provisions, Payment Methods and Restrictions Article IV, Section 4.01, Payment <br />Methods, is hereby modified to include the following paragraphs: <br />The participant caseload will be assigned by DSHS by giving written notice to <br />Contractor. The participant caseload is subject to change upon written notice to <br />Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for <br />all food costs resulting from Contractor exceeding its assigned caseload. The number of <br />individuals served in excess of assigned caseload are not to be included in the calculation <br />of earned administrative funds as described below. <br />DSHS will reimburse Contractor for administrative costs incurred when determining <br />eligibility, providing appropriate nutrition education and counseling, issuing food <br />instruments, making participant referrals, vendor evaluation, outreach, start -up costs and <br />general administrative support. <br />Administrative costs will be reimbursed based on actual costs, but not to exceed the <br />"maximum reimbursement" set out below, based upon the sum of the participants who <br />actually receive food instruments each month plus infants who do not receive any food <br />instruments whose breastfeeding mothers were participants to the extent that the total so <br />derived does not exceed Contractor's total assigned caseload within any given month. <br />Surplus funds (the amount by which maximum reimbursements exceed actual costs) can <br />PROGRAM ATTACHMENT — Page 6 <br />