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<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 /> (3) RECEMNG AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the <br /> lesser of the rate approved by RECEMNG 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 /> RECEMNG 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 <br /> the WIC Program office. <br /> (4) RECEMNG 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 /> (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 /> bre~stfeeding 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 /> (6) RECEMNG 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 /> (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 /> (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, RECEMNG <br /> AGENCY may pay PERFORMING AGENCY a share of these funds. <br /> ATTACHMENT - Page 6 <br />