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<br />(3) RECEMNG AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the <br />lesser of the rate approved by RECEIVING AGENCY'S Fiscal Division or twenty (20) <br />percent applied to PERFORMING AGENCY'S total direct salaries plus benefits <br />reimbursed by RECEIVING AGENCY. However, approval shall be obtained from <br />RECEIVING AGENCY'S Fiscal Division before the recovery of any indirect costs will <br />be permitted with the exception of indirect costs recoveries using amounts contained in the <br />Uniform Grants Management Standards (UGMS) for which approval can be granted by the <br />WIC Program office. <br /> <br />(4) RECEIVING AGENCY will identify annually to PERFORMING AGENCY an amount <br />of funds that must be spent for breastfeeding promotion. The allocation of breastfeeding <br />funds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S <br />proportional share of the statewide combined total of pregnant and breastfeeding <br />participants as reported to RECEIVING AGENCY. <br /> <br />(5) RECEIVING AGENCY 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 PERFORMING AGENCY, or <br />PERFORMING AGENCY is not complying with the provisions of USDA and/or <br />RECEIVING AGENCY directives. <br /> <br />(6) RECEIVING AGENCY reserves the right to utilize a competitive offering for the award <br />of any future contracts at the end of the term of this Attachment. <br /> <br />(7) RECEIVING AGENCY may amend or terminate this Attachment if available funds <br />become reduced, depleted, or unavailable during the term of the Attachment to the extent <br />that the WIC Program is unable to provide administrative funding at the rate(s) shown <br />above. RECEIVING AGENCY will provide written notification to PERFORMING <br />AGENCY of such fact. <br /> <br />(8) RECEIVING AGENCY may pay for additional services as specified in this Attachment <br />if provided by PERFORMING AGENCY during the term of this Attachment (but not <br />otherwise paid during the term of this Attachment) if it is in the best interest of the State <br />and RECEMNG AGENCY Program to do so. If PERFORMING AGENCY exceeds the <br />amount of earned administrative funds as stated above, PERFORMING AGENCY will <br />continue to bill RECEIVING AGENCY for the services provided. If additional funds <br />become available at a later date for the provision of these services, RECEIVING <br />AGENCY may pay PERFORMING AGENCY a share of these funds. <br /> <br />(9) RECEIVING AGENCY may provide incentives to WIC local agencies for clients who are <br />provided WIC services outside the normal traditional hours to the extent that federal <br />funding is available. <br /> <br />(10) RECEIVING AGENCY may adjust the base reimbursement rate defined above during the <br />term of this Attachment if it is in the best interest of the State and RECEIVING AGENCY <br />and if additional administrative WIC Grants funds are available. <br /> <br />A TT ACHMENT - Page 6 <br />