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<br /> documented expenditures for nutrition education, but not more than is earned based on <br /> actual participation not to exceed the PERFORMING AGENCY'S assigned participant <br /> caseload. <br />(3) The RECEIVING AGENCY will limit (CAP) the PERFORMING AGENCY'S indirect <br /> costs to the lesser of the rate approved by the RECEIVING AGENCY'S Fiscal Division <br /> or twenty (20) percent applied to the PERFORMING AGENCY'S total direct salaries <br /> plus benefits reimbursed by the RECEIVING AGENCY. However, approval must be <br /> obtained from the RECEIVING AGENCY'S Fiscal Division before the recovery of any <br /> indirect costs will be pennitted, with the exception of indirect-costs recoveries using <br /> amounts contained in the Unifonn Grants and Contracts Management Standards <br /> (UGCMS), for which approval can be granted by the WIC Program office. <br />(4) The RECEIVING AGENCY will identify annually to the PERFORMING AGENCY an <br /> amount of funds that must be spent for breastfeeding promotion. The allocation of <br /> breastfeeding funds to the PERFORMING AGENCY will be based on the PERFORMING <br /> AGENCY'S proportional share of the statewide combined total of pregnant and <br /> breastfeeding participants as reported to the RECEIVING AGENCY. <br />(5) The RECENING AGENCY also reserves the right to withhold a proportionate amount <br /> of earned administrative funds when evidence exists that nutrition education and/or <br /> breastfeeding promotion is not being provided by the PERFORMING AGENCY, or the <br /> PERFORMING AGENCY is not complying with the provisions of USDA and/or the <br /> RECEIVING AGENCY directives. <br />(6) The RECEIVING AGENCY reserves the right to utilize a competitive offering for the <br /> award of any future contracts at the end of the tenn of this Attachment. <br />(7) The 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. The RECEIVING AGENCY will provide written notification to the <br /> PERFORMING 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 tenn of this Attachment (but not <br /> otherwise paid during the tenn of this Attachment) if it is in the best interest of the state <br /> and the RECEIVING AGENCY Program to do so. If PERFORMING AGENCY exceeds <br /> the amount of earned administrative funds as stated above, PERFORMING AGENCY <br /> will 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 /> ATTACHMENT - Page 6 <br />