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<br />per immunization as reported to RECEIVING AGENCY via the Texas WIN automated system. <br />The per-shot rate is based on actual cost. When the study of cost-per-shot shows a different actual <br />cost, then the rate of compensation paid per-shot will change. The PERFORMING AGENCY will <br />be notified of the change and will have thirty (30) days to provide written notice to the <br />RECEIVING AGENCY if it intends to terminate this contract. <br /> <br />PERFORMING AGENCY agrees that: <br /> <br />(1) PERFORMING AGENCY shall identify and document separately not less than 19% of <br />total administrative costs as expenditures directly related to nutrition education. Nutrition <br />education expenditures shall be supported by documentation of participant attendance or <br />non-attendance. <br /> <br />(2) RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative <br />expenses at a rate not greater than 5.26 times the amount of properly documented <br />expenditures for nutrition education, but not more than is earned based on actual <br />participation not to exceed PERFORMING AGENCY'S assigned participant caseload, plus <br />any incentive funds allocated to PERFORMING AGENCY by the RECEIVING <br />AGENCY. <br /> <br />(3) RECEIVING 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 />A TT ACHMENT - Page 6 <br />