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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 /> <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 RECEMNG AGENCY'S Fiscal Division before the recovery of any <br />indirect costs will be permitted, with the exception of indirect-costs recoveries using <br />amounts contained in the Uniform Grants and Contracts Management Standards <br />(UGCMS), for which approval can be granted by the WIC Program office. <br /> <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 /> <br />(5) The RECEIVING 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 /> <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 term of this Attachment. <br /> <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 /> <br />(8) , RECEMNG 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 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 RECEMNG 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 />ATTACHMENT - Page 6 <br />